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Thread: FCC Approves T-Mobile-Sprint Merger

  1. #106
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    In 1996 a company called Nextwave Wireless bought $4.7 billion of PCS licenses at an FCC auction. They made the required $500 million down payment
    but soon thereafter defaulted on the payments and filed bankruptcy.

    The FCC tried to confiscate the licenses in 2001, but Nextwave Wireless prevailed in 2003 in an 8-1 US Supreme Court decision. They kept the licenses and emerged from bankruptcy with working capital. Somewhere along the way, AT&T bought them--2012, I think.

    Anyway, point is, if Sprint goes into bankruptcy, the FCC cannot confiscate their spectrum licenses.

    https://supreme.justia.com/cases/federal/us/537/293/

  2. #107
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    Quote Originally Posted by Greenmule View Post
    .........The FCC tried to confiscate the licenses in 2001, but Nextwave Wireless prevailed in 2003 in an 8-1 US Supreme Court decision. ....
    Due to what ammounted to a bone-headed clerical mistake made by the FCC and not repeated.
    Donald Newcomb

  3. #108
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    Quote Originally Posted by DRNewcomb View Post
    Due to what ammounted to a bone-headed clerical mistake made by the FCC and not repeated.
    I can't speak to clerical errors at the FCC. If one clicks on the link and directly beneath the case title, clicks on Audio Media, then one can listen to Antonin Scalia read his opinion announcement, about 5 min 44 sec.

    Based on what I heard and listened to the spectrum licenses will stay in Sprint's control until Sprint sells them or somone buys Sprint.

    Facts of the case

    After the Federal Communications Commission (FCC) auctioned off certain broadband personal communications services licenses to NextWave Personal Communications, Inc., Nextwave filed for Chapter 11 bankruptcy protection and suspended payments to all creditors, including the FCC. The FCC asserted that NextWave's licenses had been canceled automatically when the company missed its first payment-deadline and announced that NextWave's licenses were available for auction. Ultimately, when the FCC denied NextWave's petition for reconsideration of the license cancellation, the Court of Appeals for the D. C. Circuit held that the cancellation violated 11 USC section 525(a), which provides that a "governmental unit may not...revoke...a license...to...a debtor...solely because such...debtor...has not paid a debt that is dischargeable in the case."

  4. #109
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    Quote Originally Posted by jet1000 View Post
    It however isn't a possibility for Softbank. The issue with a Chapter 11 and debt forgiveness is that Softbank (and other Sprint shareholders) would lose their equity in the company and the debt-holders would gain equity in place of the money they are owed. Chapter 11 could keep Sprint open and running as an entity. But the ownership typically changes hands in those situations.
    Correct the debt holder get Sprint assets including the spectrum. Where does Sprint get the money to pay their people if they are a negative $270 Million per quarter and customers are leaving in mass if they try to stay in business? No one will loan them more money. Top that off with lifeline fraud that is like in the neighborhood of $4 B to $5 Billion in fines unless they cut Sprint a break $4K per incident fine.

    I am starting to not care about December 9th merger trial since I don’t see Sprint in business very long if the merger fails. T-Mobile should be able to get some of the 2.5Ghz spectrum in Sprint’s bankrupt sales. Then there is the FCC C- Band auction and tons more mmWave spectrum. Also, with out the merger Dish has until March 2020 to build out 70% coverage or risk the FCC taking back some of there spectrum. Without the merger Dish will never build out a new network and at some point sell their spectrum. Then there will be only three networks in the end despite what happens on December 9th trial.

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    Quote Originally Posted by shilohcane View Post
    I am starting to not care about December 9th merger trial since I don’t see Sprint in business very long if the merger fails. T-Mobile should be able to get some of the 2.5Ghz spectrum in Sprint’s bankrupt sales.
    Which could take years and T-Mobile likely to get less than what they will have had by merging

    Then there is the FCC C- Band auction and tons more mmWave spectrum.
    C-band hasn't even been settled yet how that will work. Auction might not take place until late 2020. Looks like 280 MHz up for sale, so 100 MHz, 100 MHz, 80 MHz assuming the only winners are the big 3. And T-Mobile is likely to be the 80 Mhz. Is that going to be enough? Also not quite as good as 2.5 GHz. There is also a CBRS auction which T-Mobile might participate in without the merger and with only 70 MHz up for auction I'd rather T-Mobile sit that one out than divide 70 MHz up 3 ways or possibly more. If they have Sprint's 2.5 GHz they are unlikely to do more than to bid just to get at&t and Verizon to pay more, but not actually buy.


    Also, with out the merger Dish has until March 2020 to build out 70% coverage or risk the FCC taking back some of there spectrum. Without the merger Dish will never build out a new network and at some point sell their spectrum. Then there will be only three networks in the end despite what happens on December 9th trial.
    If the judge in January decide to kill the merger you think the FCC is going to hold Dish to that March 2020 deadline? Even if they did it could be years before that spectrum is re-auctioned.

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    Quote Originally Posted by Jack Hagar View Post
    Which could take years and T-Mobile likely to get less than what they will have had by merging



    C-band hasn't even been settled yet how that will work. Auction might not take place until late 2020. Looks like 280 MHz up for sale, so 100 MHz, 100 MHz, 80 MHz assuming the only winners are the big 3. And T-Mobile is likely to be the 80 Mhz. Is that going to be enough? Also not quite as good as 2.5 GHz. There is also a CBRS auction which T-Mobile might participate in without the merger and with only 70 MHz up for auction I'd rather T-Mobile sit that one out than divide 70 MHz up 3 ways or possibly more. If they have Sprint's 2.5 GHz they are unlikely to do more than to bid just to get at&t and Verizon to pay more, but not actually buy.




    If the judge in January decide to kill the merger you think the FCC is going to hold Dish to that March 2020 deadline? Even if they did it could be years before that spectrum is re-auctioned.
    Remind me again how much 600 MHz that Verizon bid on in that auction and all the 600 MHz that AT&T still owns after they won about a billion dollars of Band 71 spectrum. Zero, zip none. AT&T has a lot of debt from their failing DirectTV, HBO and CNN. T-Mobile will get lots of extra spectrum since there is just so much spectrum available now and the price keeps dropping due to just to total amount of spectrum for only three National Networks.

  7. #112
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    Quote Originally Posted by Greenmule View Post
    I can't speak to clerical errors at the FCC. .....
    What happened is that the FCC neglected to "perfect the lien" by publishing it in the Federal Register. Without a valid lien, the FCC lacked legal basis for repossessing the licenses.

  8. #113
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    Quote Originally Posted by Greenmule View Post
    In 1996 a company called Nextwave Wireless bought $4.7 billion of PCS licenses at an FCC auction. They made the required $500 million down payment
    but soon thereafter defaulted on the payments and filed bankruptcy.

    The FCC tried to confiscate the licenses in 2001, but Nextwave Wireless prevailed in 2003 in an 8-1 US Supreme Court decision. They kept the licenses and emerged from bankruptcy with working capital. Somewhere along the way, AT&T bought them--2012, I think.

    Anyway, point is, if Sprint goes into bankruptcy, the FCC cannot confiscate their spectrum licenses.

    https://supreme.justia.com/cases/federal/us/537/293/
    Licenses are not granted in perpetuity

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    Quote Originally Posted by shilohcane View Post
    Remind me again how much 600 MHz that Verizon bid on in that auction
    none. and what's your point?

    and all the 600 MHz that AT&T still owns after they won about a billion dollars of Band 71 spectrum.
    They sold theirs for about what they spent at auction

    AT&T has a lot of debt from their failing DirectTV, HBO and CNN. T-Mobile will get lots of extra spectrum since there is just so much spectrum available now and the price keeps dropping due to just to total amount of spectrum for only three National Networks.
    what does you post have to do with mine? Do not drink and post on the internet

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    On OCT/23/2019, DISH, Softbank and Deutsche Telekon all three filed petitions to the New York court where the opposition case to the Sprint buyout is being tried.

    The link below provides a listing to most of the motions/petitions that have been files in the case. The motions are listed in date order, oldest first.

    https://www.courtlistener.com/docket...he-telekom-ag/

    This is the crux of those motions:

    The Court should reject the Opposition States’ eleventh-hour attempt to delay public interest review of the Settlement. Delay would only harm consumers, the parties, and DISH, which has no forum other than this Court to address its interests. Delay provides this Court with no additional information necessary to discharge its statutory mandate under the Tunney Act. And the Opposition States’ purported interest in judicial economy self-servingly depends entirely on their success in enjoining the Merger and mooting these proceedings. If they fail to do so, they would undoubtedly burden this Court’s time and resources to re-litigate their claims here

    perhaps Deutsche Telecom and Softbank made a legal tatical error by waiting for unanimous approval. Once the 60-day comment period was over, and there was a proposed final judgement, perhaps they should have pressed for closure then.

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    Quote Originally Posted by Greenmule View Post
    perhaps Deutsche Telecom and Softbank made a legal tatical error by waiting for unanimous approval. Once the 60-day comment period was over, and there was a proposed final judgement, perhaps they should have pressed for closure then.
    Possibly. One risk to that i could think of, a lot of state PUCs (Public Utility Commissions) are essentially administrative, they make sure the dues are paid and paperwork is in order. A few states do have fairly active PUCs and could perhaps make things difficult for T-Mo, perhaps by denying (or delaying until state lawsuit is settled) permits for site changes.

    If the remaining states are just looking for concessions similar to the first few, it might just be easier (and better PR) to negotiate with the rest. To summarize, Mississippi got coverage guarantees of 5G network buildout, Colorado got buildout guarantees and two low-priced data plans (unlimited talk & text, 2GB data for $15 or less and 5GB for $25 or less).

    600mhz is a huge deal here in Iowa... IWireless (who T-Mobile bought last year) built a statewide PCS network with those 1900mhz sites spaced just about as far apart as possible, with all the indoor coverage problems etc. that implies. With no MetroPCS in the local market, IWireless basically took the place of MetroPCS in a market where the T-Mobile coverage is not so solid. Likely they are running off the 850mhz cell towers that've dotted the state since the 1980s. Well the 850 carriers here (US Cellular and Verizon Wireless) have pretty good coverage, so running off these sites at 600 should really be solid . I could see T-Mo in this area poaching off some US Cellular and VZW customers now that they'll also have decent coverage.

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    Quote Originally Posted by Jack Hagar View Post
    none. and what's your point?



    They sold theirs for about what they spent at auction



    what does you post have to do with mine? Do not drink and post on the internet
    You act like T- Mobile won’t be able to get much spectrum in the future since they will be outbid. AT&T is also deep in debt from their Mexico network and all the other media companies that aren’t doing well including DirecTV. AT&T has to pay dividends in stock or they will have a massive amount of people selling their stock. T-Mobile can and will be able to complete head to head with Verizon and AT&T for resources and customers.
    Last edited by shilohcane; 11-11-2019 at 07:55 PM.

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