It looks like the AT&T and T-Mobile merger is now likely dead. AT&T has officially withdrawn its application to the FCC to acquire the company. Instead they plan on focusing their money and efforts to defend themselves against the anti-trust lawsuit that the United States Department of Justice has brought against them. Last week, Federal Communications Commission Chair Julius Genachowski, called for an FCC hearing on the merger, and the following was included in his statement of the issue, “...the deal would significantly diminish competition and lead to massive job losses.”
Another reason cited for the pullout was that, since the merger was looking bad for them anyway, AT&T knew they would have to pay out a $4 Billion "breakup fee" to Deutsche Telekom (owners of T-Mobile USA) for the failure, and they wanted to reserve cash for that. Here is the full press release,
AT&T and Deutsche Telekom Continue to Pursue Sale of DT’s U.S. Wireless Assets
Companies Withdraw FCC Applications; AT&T Expects to Recognize $4 Billion Charge; Companies Focus on Gaining DOJ Approval
On Nov. 22, 2011, the Federal Communications Commission indicated a proposed order was circulating that would designate for hearing the applications of AT&T Inc. and Deutsche Telekom AG For Consent To Assign or Transfer Control of Licenses and Authorizations, WT Docket No. 11-65. On November 23, 2011, AT&T Inc. and Deutsche Telekom AG electronically withdrew without prejudice, as of that date, the pending applications listed in the Public Notice released by the Federal Communications Commission on April 28, 2011 in that proceeding. Associated manual notification of withdrawal filings also are being mad
AT&T Inc. and Deutsche Telekom AG are continuing to pursue the sale of Deutsche Telekom’s U.S. wireless assets to AT&T and are taking this step to facilitate the consideration of all options at the FCC and to focus their continuing efforts on obtaining antitrust clearance for the transaction from the Department of Justice either through the litigation pending before the United States District Court for the District of Columbia, Case No. 1:11-cv-01560 (ESH) or alternate means. As soon as practical, AT&T Inc. and Deutsche Telekom AG intend to seek the necessary FCC approval.
As a result of the FCC’s action, AT&T expects to recognize a pretax accounting charge of $4 billion ($3 billion cash and $1 billion book value of spectrum) in the 4th quarter of 2011 to reflect the potential break up fees due Deutsche Telekom in the event the transaction does not receive regulatory approval.”
Source: Android.net and TalkAndroid: (1), (2)
Last edited: