Wireless

The Sprint Standing Skirmish: AT&T Loses Some Ground, DoJ Gets Road Map Forward.

Any tactician knows that battles can be won or lost by defining the battlefield. Skirmishes like the fight over whether Sprint and C. Spire (formerly Cell South) can go ahead with their private lawsuits against AT&T’s acquisition of T-Mobile help define the terrain for the bigger fights to come (order here). By ruling on what constitutes a recognizable injury under the antitrust rules and making preliminary determinations about the nature of the market, the Order sets the boundaries of what arguments DoJ can make and what it will need to do to prove its case. Where AT&T manages to have certain market definitions locked in and certain potential injuries excluded as not cognizable under antitrust in these early rounds, it gains an advantage.



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Any tactician knows that battles can be won or lost by defining the battlefield. Skirmishes like the fight over whether Sprint and C. Spire (formerly Cell South) can go ahead with their private lawsuits against AT&T’s acquisition of T-Mobile help define the terrain for the bigger fights to come (order here). By ruling on what constitutes a recognizable injury under the antitrust rules and making preliminary determinations about the nature of the market, the Order sets the boundaries of what arguments DoJ can make and what it will need to do to prove its case. Where AT&T manages to have certain market definitions locked in and certain potential injuries excluded as not cognizable under antitrust in these early rounds, it gains an advantage. [log] => [revision_timestamp] => 1320586814 [format] => 7 [name] => Harold Feld [picture] => files/pictures/picture-1540.png [data] => a:5:{s:7:"contact";i:0;s:14:"picture_delete";i:0;s:14:"picture_upload";s:0:"";s:15:"googleanalytics";a:1:{s:6:"custom";i:1;}s:14:"wysiwyg_status";a:1:{i:7;i:7;}} [path] => blog/sprint-standing-skirmish-att-loses-some-groun [print_display] => 1 [print_display_comment] => 0 [print_display_urllist] => 1 [print_mail_display] => 1 [print_mail_display_comment] => 0 [print_mail_display_urllist] => 1 [print_pdf_display] => 1 [print_pdf_display_comment] => 0 [print_pdf_display_urllist] => 1 [last_comment_timestamp] => 1320424487 [last_comment_name] => [comment_count] => 0 [taxonomy] => Array ( [121] => stdClass Object ( [tid] => 121 [vid] => 5 [name] => AT&T [description] => [weight] => 0 ) [154] => stdClass Object ( [tid] => 154 [vid] => 5 [name] => Competition [description] => [weight] => 0 ) [173] => stdClass Object ( [tid] => 173 [vid] => 5 [name] => Monopoly [description] => [weight] => 0 ) [152] => stdClass Object ( [tid] => 152 [vid] => 5 [name] => Wireless [description] => [weight] => 0 ) ) [files] => Array ( ) [iids] => Array ( ) [page_title] => [nodewords] => Array ( [abstract] => Array ( [value] => ) [canonical] => Array ( [value] => ) [copyright] => Array ( [value] => ) [description] => Array ( [value] => ) [keywords] => Array ( [value] => ) [revisit-after] => Array ( [value] => 1 ) [robots] => Array ( [value] => Array ( [noarchive] => 0 [nofollow] => 0 [noindex] => 0 [noodp] => 0 [nosnippet] => 0 [noydir] => 0 ) [use_default] => 0 ) [dc.contributor] => Array ( [value] => ) [dc.creator] => Array ( [value] => ) [dc.date] => Array ( [value] => Array ( [month] => 11 [day] => 4 [year] => 2011 ) ) [dc.title] => Array ( [value] => ) [location] => Array ( [latitude] => [longitude] => ) [pics-label] => Array ( [value] => ) ) [build_mode] => 0 [readmore] => 1 [content] => Array ( [#content_extra_fields] => Array ( [title] => Array ( [label] => Title [description] => Node module form. [weight] => -5 ) [body_field] => Array ( [label] => Body [description] => Node module form. [weight] => 0 [view] => body ) [revision_information] => Array ( [label] => Revision information [description] => Node module form. [weight] => 20 ) [author] => Array ( [label] => Authoring information [description] => Node module form. [weight] => 20 ) [options] => Array ( [label] => Publishing options [description] => Node module form. [weight] => 25 ) [comment_settings] => Array ( [label] => Comment settings [description] => Comment module form. [weight] => 30 ) [menu] => Array ( [label] => Menu settings [description] => Menu module form. [weight] => -2 ) [taxonomy] => Array ( [label] => Taxonomy [description] => Taxonomy module form. [weight] => -3 ) [path] => Array ( [label] => Path settings [description] => Path module form. [weight] => 30 ) [attachments] => Array ( [label] => File attachments [description] => Upload module form. [weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] =>

Any tactician knows that battles can be won or lost by defining the battlefield. Skirmishes like the fight over whether Sprint and C. Spire (formerly Cell South) can go ahead with their private lawsuits against AT&T’s acquisition of T-Mobile help define the terrain for the bigger fights to come (order here). By ruling on what constitutes a recognizable injury under the antitrust rules and making preliminary determinations about the nature of the market, the Order sets the boundaries of what arguments DoJ can make and what it will need to do to prove its case. Where AT&T manages to have certain market definitions locked in and certain potential injuries excluded as not cognizable under antitrust in these early rounds, it gains an advantage. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Any tactician knows that battles can be won or lost by defining the battlefield. Skirmishes like the fight over whether Sprint and C. Spire (formerly Cell South) can go ahead with their private lawsuits against AT&T’s acquisition of T-Mobile help define the terrain for the bigger fights to come (order here). By ruling on what constitutes a recognizable injury under the antitrust rules and making preliminary determinations about the nature of the market, the Order sets the boundaries of what arguments DoJ can make and what it will need to do to prove its case. Where AT&T manages to have certain market definitions locked in and certain potential injuries excluded as not cognizable under antitrust in these early rounds, it gains an advantage. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/6353 [attributes] => Array ( [title] => Read the rest of The Sprint Standing Skirmish: AT&T Loses Some Ground, DoJ Gets Road Map Forward.. ) ) ) )

Why DoJ's Win Against H&R Block Is Bad News For AT&T/T-Mo.

The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

Here are my major takeaways from what we know so far:



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The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

Here are my major takeaways from what we know so far:

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The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

Here are my major takeaways from what we know so far:

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

Here are my major takeaways from what we know so far:

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/6347 [attributes] => Array ( [title] => Read the rest of Why DoJ's Win Against H&R Block Is Bad News For AT&T/T-Mo.. ) ) ) )

FCC's Open Internet Rules

On December 21, 2010, the Federal Communications Commission (FCC) voted in favor of an order that establishes rules of the road to preserve the open Internet.

Public Knowledge’s Position

There are several glaring shortcomings of the FCC’s rules, including the absence of strong protections for wireless Internet connections. Furthermore, the rules do not provide certainty, but instead provide a path for further litigation and continued debate over Net Neutrality.

Despite these flaws, the rules still provide basic consumer protections that we believe will help to preserve an open Internet.

Public Knowledge will continue to defend and advocate for enforceable rules of the road to prevent Internet access providers from picking winners and losers online before consumers can do so themselves.

Public Knowledge is

Public Airwaves

“Spectrum” refers to the public airwaves that technologies like radios, broadcast television, and mobile phones rely on to function. These public airwaves are overseen by federal agencies, which are responsible for licensing spectrum and optimizing its use to prevent harmful interference.

Many argue that a spectrum “crisis” is imminent—and while it is true that the use of spectrum-reliant technologies is increasing, there are ways to make more efficient uses of spectrum while simultaneously spurring innovation and benefiting the public.

Public Knowledge’s Position

Opening up spectrum for more unlicensed uses and increasing the efficiency of all spectrum uses will greatly benefit competition in wireless broadband, innovation in technology that relies on short-distance radio communication, and even the needs of first-responders, like firefighters and ambulances, who rely on immediate radio communication to save lives.

Municipal WiFi

Many parts of America do not have broadband and go under-served by traditional Internet service providers, whether it’s because of limited resources or the provider believes there is a lack enough demand to make the investment. To address this problem, an increasing number of towns across the U.S. have decided that, as a public and commercial good, the municipality will blanket the town with WiFi, at little or no additional cost to its citizens.

Unfortunately, in some states, Internet service providers have taken the viewpoint that if they cannot provide the locale Internet access, no one should.

Public Knowledge’s Position

Public Knowledge supports municipalities that offer free or low cost WiFi to the people that live there. Broadband access is critical to a city’s economy as it gives its citizens and businesses the opportunity to compete in the global knowledge economy.

A Quick Guide For The Upcoming Net Neutrality Rules Challenge

Hey everyone, remember back at the end of last year when the Federal Communications Commission (FCC) adopted the better-than-nothing-but-still-painfully-disappointing Network Neutrality rules? Well, after a long and winding road, which included bouncing back and forth between the FCC and the Office of Management and Budget a few times and a premature challenge by Verizon, the rules were finally published in the Federal Register today. So without getting into the merits, here is what to expect procedurally.

Congressional Review Act



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Hey everyone, remember back at the end of last year when the Federal Communications Commission (FCC) adopted the better-than-nothing-but-still-painfully-disappointing Network Neutrality rules? Well, after a long and winding road, which included bouncing back and forth between the FCC and the Office of Management and Budget a few times and a premature challenge by Verizon, the rules were finally published in the Federal Register today. So without getting into the merits, here is what to expect procedurally.

Congressional Review Act

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Hey everyone, remember back at the end of last year when the Federal Communications Commission (FCC) adopted the better-than-nothing-but-still-painfully-disappointing Network Neutrality rules? Well, after a long and winding road, which included bouncing back and forth between the FCC and the Office of Management and Budget a few times and a premature challenge by Verizon, the rules were finally published in the Federal Register today. So without getting into the merits, here is what to expect procedurally.

Congressional Review Act

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Hey everyone, remember back at the end of last year when the Federal Communications Commission (FCC) adopted the better-than-nothing-but-still-painfully-disappointing Network Neutrality rules? Well, after a long and winding road, which included bouncing back and forth between the FCC and the Office of Management and Budget a few times and a premature challenge by Verizon, the rules were finally published in the Federal Register today. So without getting into the merits, here is what to expect procedurally.

Congressional Review Act

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Why The Spectrum Section of the Jobs Bill Is An OMB Fantasy and a Political and Policy Nightmare

Not surprisingly, the ubiquitous combination of incentive auctions/D Block re-allocation/Public Safety Network has made its way into the proposed American Jobs Act. Somewhat surprisingly, the spectrum piece is not simply a reprint of the Hutchison/Rockefeller S.911 Bill or the Democratic House discussion draft. It’s not even a straight cut and paste from Reid’s Debt Ceiling/Deficit Reduction draft (Reid being the one who introduced the President's Bill) that gave the broadcasters conniptions but raised the revenue for debt reduction.



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Not surprisingly, the ubiquitous combination of incentive auctions/D Block re-allocation/Public Safety Network has made its way into the proposed American Jobs Act. Somewhat surprisingly, the spectrum piece is not simply a reprint of the Hutchison/Rockefeller S.911 Bill or the Democratic House discussion draft. It’s not even a straight cut and paste from Reid’s Debt Ceiling/Deficit Reduction draft (Reid being the one who introduced the President's Bill) that gave the broadcasters conniptions but raised the revenue for debt reduction.

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Not surprisingly, the ubiquitous combination of incentive auctions/D Block re-allocation/Public Safety Network has made its way into the proposed American Jobs Act. Somewhat surprisingly, the spectrum piece is not simply a reprint of the Hutchison/Rockefeller S.911 Bill or the Democratic House discussion draft. It’s not even a straight cut and paste from Reid’s Debt Ceiling/Deficit Reduction draft (Reid being the one who introduced the President's Bill) that gave the broadcasters conniptions but raised the revenue for debt reduction.

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Not surprisingly, the ubiquitous combination of incentive auctions/D Block re-allocation/Public Safety Network has made its way into the proposed American Jobs Act. Somewhat surprisingly, the spectrum piece is not simply a reprint of the Hutchison/Rockefeller S.911 Bill or the Democratic House discussion draft. It’s not even a straight cut and paste from Reid’s Debt Ceiling/Deficit Reduction draft (Reid being the one who introduced the President's Bill) that gave the broadcasters conniptions but raised the revenue for debt reduction.

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A Job-and-Pony Sideshow on the ATT/T-Mobile Merger

Just before the Justice Department announced that it was suing to block AT&T's acquisition of T-Mobile, AT&T promised regulators that it would bring 5,000 call center jobs back into the country, if only the merger were approved. Amazon, facing the prospect of paying sales tax in California, promised it would bring 7,000 jobs if only they didn't have to pay those taxes. After noting these parallel promises, Marketplace host Jeremy Hobson quipped, that he promised to create 10,000 jobs if he could be exempted from taxes—honest!



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Just before the Justice Department announced that it was suing to block AT&T's acquisition of T-Mobile, AT&T promised regulators that it would bring 5,000 call center jobs back into the country, if only the merger were approved. Amazon, facing the prospect of paying sales tax in California, promised it would bring 7,000 jobs if only they didn't have to pay those taxes. After noting these parallel promises, Marketplace host Jeremy Hobson quipped, that he promised to create 10,000 jobs if he could be exempted from taxes—honest!

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Just before the Justice Department announced that it was suing to block AT&T's acquisition of T-Mobile, AT&T promised regulators that it would bring 5,000 call center jobs back into the country, if only the merger were approved. Amazon, facing the prospect of paying sales tax in California, promised it would bring 7,000 jobs if only they didn't have to pay those taxes. After noting these parallel promises, Marketplace host Jeremy Hobson quipped, that he promised to create 10,000 jobs if he could be exempted from taxes—honest!

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Just before the Justice Department announced that it was suing to block AT&T's acquisition of T-Mobile, AT&T promised regulators that it would bring 5,000 call center jobs back into the country, if only the merger were approved. Amazon, facing the prospect of paying sales tax in California, promised it would bring 7,000 jobs if only they didn't have to pay those taxes. After noting these parallel promises, Marketplace host Jeremy Hobson quipped, that he promised to create 10,000 jobs if he could be exempted from taxes—honest!

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AT&T's Job One: Set the Record Straight on Jobs

As America returns to work from the Labor Day weekend and as our country faces an uncertain forecast on jobs for the unemployed, the Department of Justice’s (DoJ) lawsuit to block the AT&T/T-Mobile merger was welcome news given that an estimated 20,000 Americans would lose their jobs if it was approved.



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As America returns to work from the Labor Day weekend and as our country faces an uncertain forecast on jobs for the unemployed, the Department of Justice’s (DoJ) lawsuit to block the AT&T/T-Mobile merger was welcome news given that an estimated 20,000 Americans would lose their jobs if it was approved.

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As America returns to work from the Labor Day weekend and as our country faces an uncertain forecast on jobs for the unemployed, the Department of Justice’s (DoJ) lawsuit to block the AT&T/T-Mobile merger was welcome news given that an estimated 20,000 Americans would lose their jobs if it was approved.

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As America returns to work from the Labor Day weekend and as our country faces an uncertain forecast on jobs for the unemployed, the Department of Justice’s (DoJ) lawsuit to block the AT&T/T-Mobile merger was welcome news given that an estimated 20,000 Americans would lose their jobs if it was approved.

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As AT&T Spins, Justice Should Ensure that Facts and Law Trump Politics

Last Wednesday, the Justice Department planted a very large nail in the coffin of the AT&T takeover of T-Mobile when it filed a lawsuit in the District Court for the District of Columbia Circuit to block the merger.   Deputy Attorney General James M. Cole couldn’t have been more unequivocal about how the Department views the proposed merger:



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Last Wednesday, the Justice Department planted a very large nail in the coffin of the AT&T takeover of T-Mobile when it filed a lawsuit in the District Court for the District of Columbia Circuit to block the merger.   Deputy Attorney General James M. Cole couldn’t have been more unequivocal about how the Department views the proposed merger:

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Last Wednesday, the Justice Department planted a very large nail in the coffin of the AT&T takeover of T-Mobile when it filed a lawsuit in the District Court for the District of Columbia Circuit to block the merger.   Deputy Attorney General James M. Cole couldn’t have been more unequivocal about how the Department views the proposed merger:

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Last Wednesday, the Justice Department planted a very large nail in the coffin of the AT&T takeover of T-Mobile when it filed a lawsuit in the District Court for the District of Columbia Circuit to block the merger.   Deputy Attorney General James M. Cole couldn’t have been more unequivocal about how the Department views the proposed merger:

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