AT&T Stockpiling More 700 MHz Spectrum Threatens Interoperability

AT&T Mobility since its T-Mobile merger was shot down is attempting smaller spectrum acquisition deals like the one they had with Qualcomm that was approved. Despite AT&T losing some AWS spectrum to T-Mobile as part of the breakup agreement they gained some licenses to 700 MHz airwaves from Qualcomm and now want more from 700 MHz LLC even if threatens any future hope of 4G LTE Interoperability (700 MHz Interoperability 12-69). To submit non-docketed comments/pleadings or confidential pleadings to the FCC regarding this application groups or individuals participating must have registered with the FCC to participate in Universal Licensing System proceedings. Once logged in a pleading for ULS File Number 0005262760 which is the file number associated with this application can be submitted. Petitions to Deny this application are due by July 25th, 2012 with Oppositions due August 6th, 2012 and Replies due August 13th, 2012. I have already participated in this proceeding myself submitting my concerns stating why the deal should either be conditionally approved or denied. As it is much smaller than AT&T T-Mobile merger and is purely a spectrum swap there are less competitive concerns than there were for that proposed merger but some concerns do exist that need addressing.

As noted above the transaction(s) at issue here could further derail or threaten any future hope for 4G LTE device carrier interoperability among carriers offering 4G LTE services and as such the FCC should carefully review and evaluate all the evidence submitted for or against the transaction(s) at issue here. The FCC as I will explain in an upcoming article should implement and enforce 700 MHz interoperability rules which will benefit smaller carriers and foster greater competition. This is because the Big 2 carriers AT&T and Verizon have benefited from a non interoperable wireless market even making devices on their own networks incompatible with each other’s network. So not only are devices on AT&T’s network incompatible with those pof smaller carriers including Sprint Nextel, T-Mobile USA, MetroPCS, Leap Wireless (Cricket), U.S. Cellular, C-Spire (Cellular South) etc but devices on AT&T’s network are also incompatible with those on Verizon’s network and vice versa.

Why Internet Companies Should Oppose AT&T T Mobil Merger

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Internet companies especially those rightly supporting Net Neutrality should worry about the potential of the job killing, competition and consumer choice reducing AT&T T Mobil merger. The merger which would likely result in higher prices would also give AT&T more market power and increased incentive to discriminate against innovators and users online. Nonetheless some technology companies like Facebook, Microsoft, Oracle, and Yahoo have unfortunately chosen to support the merger. Whether or not they are aware of the risks to the wireless market and chose to ignore them or naively chose to believe AT&T’s empty promises that if it wins approval for the deal it will expand mobile broadbnd access is unclear.  One thing is certain though one web company Google is strangely silent on the issue of this merger.

Google which has been a longtime supporter of Network Neutrality at least up until last year when it reached a controversial deal with Verizon Wireless on a Network Neutrality framework exempting nondiscrimination requirements from wireless services has been silent on this telecommunications merger. Last year when they announced their pact with Verizon Wireless they were criticized by Facebook and a number of public interest groups and pro Net Neutrality activists.

On the issue of Microsoft’s support for the merger remember this is the same company taken to court by antitrust regulators in the US Department of Justice for trying to illegally monopolize the market for web browsing software. So Microsoft’s no champion of the Open Internet and their past history proves such. However, for Google a previous supporter of openness and nondiscrimination to have made that pact with Verizon Wireless was really outrageous. What’s more outrageous is their silence on the issue of the AT&T T Mobil and Qualcomm mergers as well as Facebook’s support of the merger.

Sixteenth Blog Entry Sun Sept 4th

Previously, I have written extensively about the Justice Department’s decision to use its authority to mandate competition and protect free markets with antitrust law from monopolies to block AT&T’s T Mobil merger. Now I want to write a bit more though on Network Neutrality. Network Neutrality rules of nondiscrimination are essential to maintaining the free and open Internet as a level playing field for new startups to compete, innovate and succeed or fail on their merits. In an Open Internet small businesses can grow to become big businesses and don’t need permission to innovate. My next post will describe Network Neutrality in further detail.

Don’t let big cable and phone companies succeed in redefining Network Neutrality a government takeover of the Internet. It is an absurd and false argument to trick individuals into opposing what are in fact protections for the Open Web that prevent these corporations from discriminating against us online. As I said my next article will discuss this in more depth but for now just know that Network Neutrality are a set of nondiscrimination rules preventing unfair ISP discrimination. ISPs should not be able to exempt their own services from unnecessary and unfair bandwidth caps they place on user’s Internet connections to make using competing applications and services on the Web inconvenient. So please spread the word and prevent the telecommunications industry from distorting Network Neutrality.

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