A district judge appeared skeptical that Sprint Nextel had made a plausible argument that an AT&T/T-Mobile combination would harm competition, in oral argument Monday at the U.S. District Court in Washington. Sprint Nextel and C Spire had asked the court to deny an AT&T motion to exclude the two competitors from the lawsuit filed by the U.S. Justice Department against the AT&T/T-Mobile deal. Sprint and C Spire each filed antitrust complaints against the deal. Sprint and C Spire also argued for their separate motion that would give the competitors access to information learned in discovery in the government’s case against AT&T.
The AT&T/T-Mobile deal, spectrum bills and controversy over possible GPS interference drove communications industry lobbying in Q3, said quarterly lobbying disclosure reports due Thursday. Most telecom, cable and Internet companies increased their spending from Q3 2011. Public safety continued its high level of spending as Congress moved closer to decide on providing money and possibly spectrum for a national network. Google continued to increase its Washington presence, spending more than T-Mobile and Sprint Nextel combined last quarter.
Debate over the AT&T/T-Mobile deal may return to Capitol Hill next month. The House Judiciary Subcommittee on the Internet may have a hearing Nov. 16 about the role of government in reviewing transactions, telecom industry officials said Thursday. FTC Chairman John Leibowitz and Justice Department Antitrust Division Acting Chief Sharis Pozen are expected to testify, a wireless industry official said. The Judiciary Committee didn’t comment.
Senate Republicans seek a November floor vote on killing the FCC’s net neutrality order, a GOP Commerce Committee aide said Wednesday. Committee Ranking Member Kay Bailey Hutchison, R-Texas, sponsor of the Congressional Review Act resolution of disapproval (SJ Res 6), is working on gathering signatures for the petition to discharge the resolution from committee and force a floor vote, the aide said.
House Communications Subcommittee leaders are at odds over the right approach to unlicensed spectrum as the subcommittee continues negotiations on spectrum legislation, without a clear picture of when a markup will happen. Ranking Member Anna Eshoo, D-Calif., pushed Wednesday for more unlicensed spectrum to be released. But Chairman Greg Walden, R-Ore., questioned giving spectrum away for free. Unlicensed spectrum is “one of the most important issues in the continued negotiations over spectrum” in the committee and the Joint Select Committee on Deficit Reduction, a Democratic House staffer said.
FCC Commissioner Robert McDowell is monitoring the wireless industry’s bill-shock guidelines (CD Oct 18 p1), he said at a 4G Americas event Tuesday. McDowell said he didn’t know about the FCC and wireless industry’s disclosure until shortly before it was made, but he’s “delighted if industry feels as if it’s found a solution.” McDowell cautioned that right now it’s only an announcement: “Putting it into practice is another matter.” McDowell also said he will call for an auction of the 700 MHz D-block “as soon as possible” if Congress doesn’t act on spectrum legislation. McDowell wants minimal conditions and rules on the auction, he said. Public safety needs money more than spectrum to build a national network, McDowell said. “Merely more spectrum does not give them the network.” McDowell said policymakers should avoid new regulations for wireless. The growth of mobile broadband has solved many government policy issues, he said: “Let’s not screw it up.” McDowell reiterated his opposition to the FCC’s net neutrality order. He thinks it will fail in court for “many, many reasons” but “not because it didn’t go far enough.” He also again called for an audit of every FCC rule to sniff out rules and forms that are not needed. On TV white spaces, McDowell said he had some concerns with proposals to provide a “dedicated large chunk” of about 30 MHz across the country for unlicensed use. There could be international harmonization problems with that approach, he said. McDowell said a framework for unlicensed use is needed. Unlicensed use could help offload much congestion on wireless networks, McDowell said. The Republican commissioner cautioned that it’s likely to take the “better part of a decade” to put spectrum from voluntary incentive auctions in use. 4G Americas Chairman Neville Ray hopes it wouldn’t take that long, he said in a separate keynote. “We don’t have 10 years.” Limited spectrum and an increased demand for data has brought a “perfect storm” requiring more spectrum quickly, Ray said.
Another House Communications Subcommittee Republican is undecided on what to do with the 700 MHz D-block. Rep. Phil Gingrey, R-Ga., “is still reviewing the issue closely,” his spokeswoman said Tuesday. Gingrey joins a few other subcommittee members who haven’t decided whether to support Chairman Greg Walden, R-Ore., in seeking an auction of the D-block to commercial carriers (CD Oct 18 p4). Democrats plan to offer an amendment in subcommittee markup to reallocate the D-block to public safety, and if they stay united only need to win three Republican votes for adoption. Subcommittee Republicans Mike Rogers of Michigan and Brian Bilbray of California said Monday that they hadn’t decided what approach to support. Some telecom industry lobbyists said Charles Bass, R-N.H., may also be undecided. Bass’ spokesperson has not responded to our inquiry.
Public safety may be in striking distance of winning the 700 MHz D-block in the House Communications Subcommittee, after the subcommittee looked likely to say no. Communications Subcommitee Ranking Member Anna Eshoo, D-Calif., said Friday she expected Democrats would file an amendment to reallocate the D-block to public safety (CD Oct 17 p6). If all 12 of the subcommittee’s Democrats support reallocation, as some expect, public safety would only need three of 16 Republicans votes to have the amendment adopted. Some subcommittee Republicans said Monday that they are undecided on D-block. And the Public Safety Alliance is “feeling confident” it will have Republican votes, said spokesman Sean Kirkendall.
House Democrats will likely offer an amendment to reallocate the 700 MHz D-block when the House Communications Subcommittee marks up spectrum legislation, said Ranking Member Anna Eshoo, D-Calif. Eshoo and Rep. John Shimkus, R-Ill., co-chairs of the Congressional E-911 Caucus, also advocated their next-generation 911 bill (HR-2629) during a visit Friday morning to Washington’s 911 call center. The legislators hope their bill to fund NG911 will be included in the comprehensive spectrum bill, Eshoo said.
The Joint Select Committee on Deficit Reduction should consider spectrum auctions, said House Commerce Committee Ranking Member Henry Waxman, D-Calif. In a draft letter to the super committee circulating among Democratic Commerce Committee members this week, Waxman said the super committee “should consider new spectrum auctions as a mechanism to create jobs and raise significant revenue for deficit reduction.” The letter was circulated to Democratic members for input, but the letter hadn’t been finalized or sent to the super committee as of Wednesday morning. Commerce Committee Chairman Fred Upton, R-Mich., a super committee member, won’t be sending recommendations to the super committee, an Upton spokesman said. Congress should give the FCC authority to conduct voluntary incentive auctions “to efficiently and responsibly repurpose broadcast and other spectrum for wireless broadband uses,” either through the super committee’s recommendations or separate legislation, Waxman said in his draft letter. Legislation also should “direct the Administration to identify any federal spectrum that can be utilized more efficiently and reallocated for auction or shared use,” he said. Some of the auction revenue should fund a national network for public safety, and the super committee should give the 700 MHz D-block to public safety, he said. Waxman estimated that even with money for the network, auctions would result in a net savings of $15 billion. Upton has been in regular contact with committee members “seeking their input on opportunities to reduce the deficit, and that feedback will help inform the Joint Select Committee’s work,” a GOP committee aide said. “Members wishing to provide more formal recommendations have an opportunity to do so, and we expect members will continue to provide input and support for the Joint Select Committee as it moves forward without the need for a formal committee submission.”