According to two sources speaking to Bloomberg “AT&T is approaching smaller rivals including MetroPCS Communications Inc. (PCS) and Leap Wireless International Inc. (LEAP) to sell spectrum and subscribers” and find a way to gain approval for its acquisition of T-Mobile USA. Sources also said that AT&T “has … reached out to CenturyLink Inc. (CTL), Dish Network Corp. (DISH) and Sprint Nextel Corp. (S) to gauge their interest in buying assets.”
This is the type of strong positive response we predicted in the recent Insight ‘AT&T and T-Mobile: Will there be a Spectrum Fire Sale to Escape Department of Justice and Close the Deal?’ and the earlier blog ‘AT&T Opponents Shift Focus to Challenge Excessive Spectrum Consolidation’. It is likely that AT&T is also reacting to the proposed six month Department of Justice (DoJ) pre-trial schedule and the co-filing by seven states who joined the DoJ lawsuit last week.
Proposed Department of Justice Schedule would go ‘down to the wire.
On September 16, 2011 Department of Justice filed a schedule proposing Monday, March 19 2012 for all steps to be completed in order to be ready for trial. AT&T is anxious to accelerate the process and suggests a completion date of Monday, January 16 2012. This is probably not because AT&T is anxious for a trial but because it still hopes to find a negotiated resolution with both DoJ and FCC as well as the states prior to its March 20, 2012 deadline for enforcing the deal with Deutsche Telekom.
The details of the two proposed Schedules are as follows.
AT&T and DoJ Proposed Schedules
The two parties will meet with US District Court Judge Ellen S. Huvelle on September 21, 2011 to finalize the schedule. AT&T’s proposed schedule is extremely tight for this extensive case.
And the other Parties are Piling on.
Also on September 16 Attorneys General in seven states filed as co-plaintiffs in the DoJ lawsuit. The seven states are led variously by Democrats and Republicans: California, Illinois, Massachusetts, Pennsylvania, Washington, New York, and Ohio. DoJ has had an excellent working relationship with several states in building its case and welcomed their participation.
On the same day Sprint’s attorneys filed motions in Federal Court asking the judge to integrate its case against AT&T in a coordinated proceeding as part of the DOJ complaint.
These opponents’ actions appear to have stimulated AT&T to initiate aggressive bargaining. AT&T and T-Mobile’s latest subscriber market shares – as well as those for Sprint Nextel, Verizon Wireless, MetroPCS and Leap Wireless - can be seen at ‘Wireless Operator Performance Benchmarking Q2 2011’. User shares are available on request to firstname.lastname@example.org or Pkendall@strategyanalytics.com.