@jbtaylor on tech

I'm a spokesman for Sprint. This personal site is where I share news stories and my views about our company, our phones and other devices. I also write a bit about tech policy, the wireless industry and life in Washington, D.C.

To ensure that Sprint's lawyers continue to support employees' use of social media, please read the disclaimers on my "About this Posterous" page.

Our politics have shifted

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Kent German, the CNET columnist, always has strongly expressed opinions. This week's column is no exception. Although his rhetoric is unusually charged, I think most consumers share his view that it's time for AT&T to stop whining, which is exactly what AT&T's CEO Randall Stephenson did on AT&T's Q4 earnings call this week.

The company's earnings were hit by the T-Mobile break fee and Stephenson rivaled Jim Cicconi, AT&T's top lobbyist, in his efforts to play the victim card. Stephenson essentially complained that the FCC is out to get his company and everyone else in the industry, refusing to approve mergers and spectrum transactions.

None of that is backed up by facts though.

As FCC officials pointed out in response to media inquiries, the FCC has approved more than 150 commercial mobile transaction applications last year alone and more than 300 in the last two years, including AT&T's nearly $2 billion acquisition of Qualcomm's spectrum.

(I would point out, the FCC refused to apply any of the conditions that competitors and consumer groups had sought for the Qualcomm deal -- AT&T got everything it wanted with the deal. This was the 15th major AT&T deal that the FCC has approved over the last 15 years.)

This whining and cherry picking of facts by AT&T wasn't limited to Stephenson this week. As I pointed out earlier, AT&T's top FCC lobbyist, repeatedly and falsely charged Sprint with "disinvesting" (sic) in its network in Oklahoma and Kansas -- the charges were made in blog posts where the lobbyist whined and complained about the FCC's decision to ensure that data roaming rates are affordable for all consumers.

Mind you, this was an FCC decision supported by every major consumer group and everyone in the wireless industry except for AT&T and Verizon, but AT&T's lobbying team, chose to single out Sprint as some sort of bad actor.

It's laughable in the minds of observers, of course. Many see it as payback for Sprint's role in opposing the T-Mobile takeover in 2011.

While that's an easy conclusion to draw, it's too simple for me. I have a different view.

I don't think AT&T really has a beef with Sprint. Or for that matter, with the FCC. (Sprint and the FCC are mere strawmen.)

No, AT&T's problem is with consumers. When faced with the choice with doing the right thing for its customers or squeezing more money out of consumers wallets, they almost always make the choice which screws consumers.

That's what the proposed takeover of T-Mobile was all about. That's what the Qualcomm transaction was about. That's what the data roaming fight was about. That's what the special access fight is about. I could go on, but you get the point.

And frankly, for far too long, too many of the wireless carriers have followed that path. There's a reason why so many consumers have a love/hate relationship with their wireless carrier.

Fortunately, because of competition, companies like Sprint and T-Mobile and U.S. Cellular and C-Spire and Cricket and Metro PCS are putting pricing pressure on the Twin Bells. This is how competition benefits consumers.

But given the vast resources of the Twin Bells -- be it spectrum, scale, lobbying muscle, manufacturer relationships, advertising spend, you name it -- it's becoming increasingly difficult for other carriers to bring that kind of competitive pressure to the wireless industry.

Sprint's CEO Dan Hesse summed up my personal views best in a conversation with GigaOM's Kevin Fitchard late last year:

"When AT&T announced its intention to take over T-Mobile USA," Hesse said, "It made me realize the industry has been gradually moving toward being a duopoly and how tenuous the competitive situation is in the U.S. wireless industry. . . . [Before the merger was announced] I could see this gradual creep in size and market dominance of the big two — growing gradually each year, though not to the extent that it became alarming. But the attempted acquisition of T-Mobile set off all sorts of alarms and had you step back and notice what’s been happening each year for a number of years."

There was a time in Washington, D.C., where I'd look for groups like Public Knowledge, Free Press, CCIA, RCA, RTG, COMPTEL, Consumers Union, MAP and others to lead the charge in fighting for competition. No doubt, these groups have long stood up for consumers and competition in telecom public policy fights. And they will continue to do so on behalf of all consumers.

But given the consumer outrage over the proposed T-Mobile takeover, the consumer petitions which forced Verizon and Bank of America to back off of new fees, and the unbelievable citizen action to stop SOPA and PIPA, I agree with my friend and colleague Maura Corbett, I think our politics has fundamentally changed.

The interest groups in D.C. still play an important role, but the real power is in the hands of consumers themselves. And that power is far greater than any trade association or public interest group will ever wield.

Businesses, large and small, should not ignore this development. Neither should the politicians.

It's my belief that the smart ones won't.

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Of course, it bears repeating that this is my personal blog and these are my personal views, not those of my employer. For more of a discussion of that, visit my blog's home page.

Sprint statement on the FCC's AT&T/Qualcomm Decision

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Last night, the FCC announced that it would suspend its informal 180-day clock associated with the agency’s regulatory review of AT&T’s $1.9 billion offer for Qualcomm’s 700 MHZ spectrum.

In a letter to AT&T and Qualcomm announcing the decision, the Commission announced it would review both the Qualcomm spectrum matter and AT&T’s proposed takeover of T-Mobile in a “coordinated manner”.

Sprint's senior vice president of Government Affairs, Vonya B. McCann issued the following statement :

“When AT&T announced its proposed $39 billion takeover of T-Mobile in March, the Federal Communications Commission was already reviewing AT&T’s $1.9 billion offer for Qualcomm’s 700 MHz spectrum, which AT&T had announced just three months earlier. Given the complexity of the regulatory review of both proposed transactions, it’s a reasonable step for the FCC to coordinate these two reviews. The proposed transactions would produce game-changing effects on consumers and on competition in the wireless market. Over the next few months, we look forward to working with the FCC and other interested parties as the FCC conducts a coordinated review of the two transactions. Such a review makes abundant good sense and clearly is in the public interest.”

p.s. For additional background on this issue, read the Ars Technica story I've linked to above at the top of this post.

FCC Stops Another AT&T Shot Clock

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Click here to download:
AT&T_Qualcomm_decision_08.08.11.pdf (331 KB)
(download)

Just a while ago, Politico reported that the FCC has suspended its review of AT&T's bid to purchase Qualcomm's advanced wireless spectrum for $1.9 billion. The Commission stated that this transaction is so similar to AT&T's bid to takeover T-Mobile that the two proposed transactions needed to be reviewed at the same time.

Politico quotes the FCC as saying the following:

"The commission's ongoing review has confirmed that the proposed transactions raise a number of related issues, including, but not limited to, question's regarding AT&T's aggregation of spectrum throughout the nation, particularly in overlapping areas," wrote the FCC's Wireless bureau chief Rick Kaplan.

The Commission had previously stopped the merger review "shot clock" for its review of the proposed T-Mobile takeover after AT&T submitted a new economic model meant to justify the anti-competitive move.

One thing that is clearly troubling about AT&T that perhaps has the attention of regulators: no wireless carrier in America has more spectrum than AT&T; furthermore, no wireless carrier in America has more UNUSED spectrum than AT&T.

All of that begs the question, why should the FCC give AT&T more spectrum to warehouse if they aren't using what they already have?

Note: When I have a link to the FCC's letter, I'll post that in an update to this post. 

Updated: 9:32 p.m. A link to the FCC's letter is found in the Politico story I referenced above. Thanks to Politico for taking down the paywall earlier than normal for this important story.

Update: 9:28 a.m. August 9. I didn't realize that Politico's link to the FCC was still behind a paywall. I've uploaded the letter to my post now.

AT&T's PR Shop must be Frustrated

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Poor AT&T.

In planning for their takeover of T-Mobile, their PR team wants to spin you the story that the only people opposed to them swallowing up T-Mobile are the folks like me who work for Sprint.

If they can convince you that this is really a dispute between AT&T and Sprint, then why should you care? After all, what consumer really cares about two big companies fighting?

The problem for AT&T is that every major consumer advocacy group is opposed to the takeover. So are nation's rural wireless carriers. So are T-Mobile's customers. And that's just not what AT&T planned for.

The story I've linked to above is an important one because it shows how desperate AT&T is to fool you.

AT&T is trying to pull a fast one on regulators and grab spectrum from Qualcomm in a separate FCC proceeding. The consumer watchdogs are having none of that. They are insisting that the FCC reject AT&T's bid to buy the Qualcomm spectrum and barring that, they want the Qualcomm matter to be considered as part of the regulatory review of the T-Mobile takeover.

That seems pretty reasonable to me.

Why should either proceeding be considered in a vacuum?