@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.

Senate Antitrust to look at proposed Verizon-Cable transactions

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Mark your calendars. The Senate Antitrust Subcommittee is holding a hearing on Verizon's proposed transactions with Comcast, Bright House, Time Warner Cable and Cox on Wednesday, Mar. 21 at 2:00 ET.

The hearing will be webcast live from the Judiciary Committee's web page or you can attend in person in Room 226 of the Dirksen Senate Office Building in Washington, D.C. The title of the hearing is telling:

"The Verizon/Cable Deals: Harmless Collaboration or a Threat to Competition and Consumers?"

It looks like a good panel of witnesses. Testifying before the subcommittee will be:

Randal S. Milch
Executive Vice President & General Counsel
Verizon Communications Inc.

David L. Cohen
Executive Vice President
Comcast Corporation

Charles F. (Rick) Rule
Managing Partner, Washington, DC Office
Cadwalader, Wickersham & Taft LLP

Steven K. Berry
President & CEO
Rural Cellular Association

Joel Kelsey
Policy Advisor
Free Press

Timothy Wu
Isidor & Seville Sulzbacher Professor of Law
Columbia University

FCC Should Tell Verizon and the Cable Companies: Trust But Verify

The FCC is currently reviewing a massive spectrum transaction where Verizon Wireless will acquire spectrum held by cable companies Comcast, Cox, Time Warner Cable and Bright House. In exchange, Verizon will begin to market cable services in Verizon stores, online and telesales channels. At the same time, the cable companies will start to market Verizon Wireless services.

The details of these joint marketing agreements are central to the proposed transaction, but the attorneys from Verizon and the cable companies are refusing to allow the FCC to see the details of the agreements.

They have decided that the FCC has no jurisdiction over the matter and in regulatory filings last week, basically told the FCC to butt out.

This morning, Sprint joined T-Mobile, DIRECTTV, Free Press, Public Knowledge, Media Access Project, the Computer & Computing Industry Association, the New America Foundation, RCA-The Competitive Carriers Association and the Rural Telecommunications Group in asking the FCC to stop the informal 180-day clock on its review of the proposed transaction until the FCC can review the full and unredacted details of the proposed transaction.

Put simply, what Verizon and the cable companies are essentially telling the FCC is, "Trust us."

And what the other companies and public interest groups are asking the FCC to tell Verizon and its cable partners is just as simple: "Trust, but verify."

And honestly, no one at Verizon, Comcast, Bright House, Cox or Time Warner Cable should have anything to fear if their proposed transaction is truly as pro-consumer as they purport it to be.

But by hiding the details which are central in determining whether or not the transaction is in the public interest, it certainly raises serious questions about the nature of the transaction and the motivation behind it. Otherwise, why is there a need to hide the details from the independent agency in charge of regulating the cable and wireless industries?

p.s. While other companies have formally asked the FCC to deny the transaction, Sprint has not done so. Like other posts on this blog, the opinions expressed are entirely mine, and not necessarily those of my employer.

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.

Setting AT&T straight on the facts

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This afternoon, Bob Quinn, AT&T's top lobbyist before the FCC, wrote a blog post which not only criticized a pro-consumer decision from the FCC, but also mischaracterized Sprint's network investments.

In response, Sprint issued the following statement to media:

"It’s disappointing, but not surprising, that AT&T wants to challenge a consumer’s right to access email, the Internet and other mobile broadband services wherever they may travel in the U.S. Along with Verizon Wireless, AT&T is the only other wireless carrier in America which opposes the FCC’s pro-consumer data roaming decision from last year.

"The facts are that Sprint, as part of its Network Vision program, doubled its 2011 capital investment over 2010 to make tens of thousands of capacity upgrades, resulting in a better wireless experience for its customers. With these network investments, Sprint continues to offer consumers a better value than AT&T, Verizon and T-Mobile.”

p.s. I suppose AT&T and Verizon are opposed to buffaloes roaming, too. ;-)

Twin Bells: $115 billion in spectrum is not enough

In my last few posts, I've explained why existing spectrum law benefits consumers and competition.

It's a law that lobbyists for AT&T and Verizon want desperately to change. When you look at spectrum holdings of the Twinn Bells, you can quickly understand why.

Consider this:

Verizon and AT&T currently hold approximately 73 percent of the most valuable spectrum below 1 GHz, when measured on a MHz-POPs basis. 

According to filings at the Securities and Exchange Commission, Verizon Wireless and AT&T today control approximately two-thirds of all the U.S. spectrum licenses, when measured in terms of book value. (Verizon's spectrum is worth $73.2 billion and AT&T's is worth $42.3 billion -- together, that's over $115 billion.

Keep in mind these numbers don't reflect the book value of AT&T's recently acquire Qualcomm spectrum or the book value of the spectrum that Verizon hopes to acquire from the cable companies.

In contrast, Sprint's spectrum book value is $20.1 billion and T-Mobile's is $15.2 billion. (Note, the T-Mobile figure doesn't reflect the book value of the spectrum it acquired from AT&T as a result of the failed AT&T/T-Mobile merger.)

So currently, in terms of book value, AT&T's spectrum is worth more than Sprint and T-Mobile's combined. And even more eye-popping, Verizon's spectrum is worth almost as much at all the spectrum held by AT&T, Sprint and T-Mobile combined.

So those are the national carriers. What about the regional carriers? Well the spectrum of the next six carriers combines to about $10 billion, which is less than T-Mobile's spectrum.

From a consumer's point of view, nothing good can come from an FCC auction which enriches Verizon and AT&T at the expense of the rest of the wireless industry and competition.

But that doesn't mean that AT&T and Verizon should be completely barred from future auctions. They shouldn't be. On the other hand, they shouldn't be able to use their immense financial resources to swamp competitors and gobble up every more of the country's spectrum. As FCC Chairman Julius Genachowski has said, the FCC's intention is that every carrier -- big, medium, or small -- that needs additional spectrum would have a meaningful chance to bid on it.

Current law gives the FCC the ability to ensure that level playing field. And make no mistake, AT&T and Verizon will do whatever they can to change the law so it will serve the needs of AT&T and Verizon. While that's great for the Twin Bells' shareholders, that's horrible for the rest of us.

p.s. While this should be obvious to anyone who reads the disclaimer on my blog's home page, some are still missing the fact that this blog reflects my personal views, not those of my employer.