T-Mobile, Sprint Tell CPUC They Made 50 Enforceable Deal Commitments; Ion Supports Deal

starting on page 105 of a Friday reply brief in docket A.18-07-011. In that and other closing arguments, positions appeared largely unmoved from the opening round (see 1904290065). Reject arguments of opponents including the Communications Workers of America and consumer advocates who “have dug in their heels,” the companies said: “Intervenors seem intent on condemning Californians to the status quo, where AT&T, Verizon Wireless, and the cable companies dominate the wireless and broadband markets.” The combining firms urged prompt OK of the wireline part of its transfer in a separate reply. CWA urged denial: “Applicants have failed to provide evidence of verifiable, merger-specific public interest benefits.” The CPUC "Public Advocates Office opposes the proposed merger because it is not in the public interest,” PAO said. Alleged public benefits from 5G are “not unique to this merger,” with the record showing Sprint and T-Mobile would deploy 5G individually without the deal, it said. The Utility Reform Network understands technical benefits of combining networks for the companies, but the carriers didn’t show how that translates into direct benefits for consumers, TURN replied. The Greenlining Institute urged the CPUC to reject the carrier’s procedural attempt to split review into two proceedings "despite the fact the Commission consolidated Joint Applicants’ wireline and wireless applications, because those applications involved related questions of law or fact.” The California Emerging Technology Fund, which signed a pact with the carriers that included $35 million for CETF (see 1905080024), now “enthusiastically and wholeheartedly” supports the deal. Ion Media, meanwhile, told the FCC in a letter posted Monday in docket 18-197 it supports the deal. “The deployment of 5G networks promises to create a new alternative for video distribution for consumers all over the United States,” Ion said: “The New T-Mobile’s network, which is expected to deliver coverage, speeds, and capacity far superior to what either T-Mobile or Sprint could offer on their own, will enhance ION’s ability to provide the highest quality entertainment to consumers, at home and on the go.” But Dish Network told the FCC it shouldn’t approve the transaction because Sprint might otherwise fail as a company. “At no point during this proceeding have the Applicants attempted to assert that Sprint meets the definition of a failing firm under the Department of Justice’s Horizontal Merger Guidelines,” Dish said. “This is because -- as Sprint’s own statements demonstrate -- the company cannot make such a showing.”