AT&T/UScellular Spectrum Deal Should Get Broader Review: RWA
The Rural Wireless Association urged the FCC in comments posted Friday to look at AT&T’s proposed buy of 700 MHz and 3.45 GHz licenses from UScellular in the broader context of the U.S. wireless market. The sale of the licenses is tied to a larger deal with T-Mobile that's also still before the FCC (see 2504150046). Replies to oppositions were due at the FCC on Thursday in docket 25-150.
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AT&T and UScellular “ignore the severe consequences for rural carriers and consumers and the broader competitive implications of UScellular’s exit from the mobile wireless market,” RWA said. “The Commission must reject the attempt to have it review this proposed transaction in isolation and instead conduct a holistic review that fully accounts for the resulting competitive harms, which substantially outweigh the stated public interest benefits of spectral efficiency and enhanced network performance.”
Lawyers Mark O’Connor and Sara Leibman also opposed the deal, raising False Claims Act allegations against UScellular and designated entities, including King Street, that they had “affirmatively lied to the Commission on several occasions” tied to spectrum auctions (see 2502110037). “The Commission cannot grant the assignment of spectrum licenses where, as here, the current licensee’s character qualifications remain unresolved.”
AT&T and UScellular defended the transaction in an earlier filing. “This spectrum-only transaction will allow AT&T rapidly to enhance its network to provide best-in-class services to its customers,” they said: “AT&T is uniquely positioned to rapidly put the UScellular Spectrum to its best and highest use. Wider channels in the 3.45 GHz band -- something that is not possible in the near term without a waiver -- will clearly improve efficient use of this spectrum and promote enhanced network performance.”
Opponents of the deal don’t “meaningfully” dispute the public interests cited, the carriers said. "Rather, they improperly argue (without evidentiary support) that the Transaction will lead to several generalized, industry-wide outcomes that the Commission should look to resolve here. But AT&T is not acquiring UScellular. AT&T is not acquiring UScellular’s customers. And AT&T is not acquiring UScellular’s network facilities.”