RTG, Cincinnati Bell, MetroPCS, NTELOS, RCA and Sprint all jointly replied to the oppositions by AT&T, Qualcomm and Deutsche Telekom to consolidate the proceedings reviewing AT&T’s bid to purchase Qualcomm spectrum and to takeover T-Mobile.
Click here for the Joint Reply.
The FCC has ample legal authority to consolidate the two proceedings. Statutory provisions and precedents militate in favor of consolidation where, as here, the applications involve a common party (AT&T) and propose related transactions whose effects on competition and the public can best be assessed holistically. Moreover, the later-filed application (takeover of T-Mobile) assumes the grant of the first application (Qualcomm spectrum purchase). The arguments to the contrary are unavailing, and the FCC therefore should consolidate the instant proceedings.
Consolidating the AT&T/Qualcomm and AT&T/T-Mobile proceedings will allow the FCC to assess the proposed transactions in an efficient manner that takes notice of their combined impact on the public interest, convenience, and necessity.