t-mobile usa, inc spectrum allocation from at&t 4-2-2012
DESCRIPTION
T-mobile USA through their counsel address the complexities around the largest wireless carrier AT&T's use of spectrum and the complexities on today's mobile networks. Specifically Tmobile and their representatives discuss how the spectrum will be allocated to T-mobile as a result of AT&T's failed takeover bid that had faced strong opposition from the United States Justice Department as well as FCC, since it would create a duopoly in the mobile marketplace in which two primary carriers would have a large share of the marketplace and infact create potential antitrust violations. Furthermore, tmobile asserts that the competive landscape and marketplace conditions cause great concern for LTE expansion should AT&T be granted further spectrum holdings, as they have diverse spectrum holdings already and between AT&T and Verizon Wireless make up a large part of the mobile landscape.TRANSCRIPT
A/74857572.4
Jean L. Kiddoo Direct Phone: (202) 373‐6034 Direct Fax: (202) 373‐6482 [email protected]
April 2, 2012
VIA ELECTRONIC FILING
Marlene H. Dortch, Secretary Federal Communications Commission The Portals 445 12th Street, S.W. Washington, DC 20554
Re: Ex Parte Communication – WT Docket 12-4 and WT Docket No. 12-21
Dear Ms. Dortch: On behalf of T-Mobile USA, Inc. (“T-Mobile” or “Company”), and pursuant to Section 1.1206 of the Commission’s Rules, 47 C.F.R. § 1.1206, this is to provide notice of ex parte meetings held on March 29, 2012 in connection with WT Docket No. 12-4. The meetings were attended by Philipp Humm, President and Chief Executive Officer, Kathleen O’Brien Ham, Vice President, Federal Regulatory Affairs, and Steve B. Sharkey, Director, Federal Regulatory Affairs and Chief, Engineering and Technology Policy, of T-Mobile, and in the case of the meeting with Ms. Giancarlo described below, John Kneuer, a principal of JKC, LLC (together, the “T-Mobile Representatives”). The T-Mobile Representatives met separately with Chairman Julius Genachowski, Rick Kaplan, Chief of the Wireless Telecommunications Bureau, Zachary Katz, Chief of Staff to the Chairman, Josh Gottheimer, Senior Counselor to the Chairman, and Charles Mathias, Senior Counsel and Legal Advisor to the Chairman; Commissioner Mignon Clyburn, David Grimaldi, Chief of Staff to the Commissioner, and Louis Peraetz, Legal Advisor to the Commissioner (by telephone); and with Angela Giancarlo, Legal Advisor to Commissioner Robert McDowell, and Sarah Leggin and Jerry Pryor, Legal Interns in the Office of Commissioner McDowell (together, the “FCC Representatives”). During the course of the meetings, Mr. Humm and the other T-Mobile Representatives outlined the competitive importance of incorporating LTE technology into the T-Mobile network and the complex process that the Company is undertaking to “refarm” its existing AWS and PCS spectrum to deploy LTE technology as deeply as possible into the network by 2013. Mr. Humm noted that the “break-up” spectrum that will be assigned to T-Mobile by AT&T upon Commission approval of the applications pending in WT Docket No. 12-21 is the “catalyst” that will enable the Company to move toward LTE. But even with that spectrum and pursuing a challenging refarming effort, the T-Mobile Representatives indicated that the Company requires additional AWS spectrum. In response to questions from Commissioner Clyburn, Mr. Humm also explained the risks inherent to the process of refarming and that the Company will work to minimize customer disruption.
Ms. Marlene H. Dortch, Secretary Federal Communications Commission April 2, 2012 Page 2
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Mr. Humm also discussed the matters raised in T-Mobile’s Petition to Deny (“Petition”) filed on February 21, 2012, and Reply to Opposition (“Reply”) filed on March 26, 2012 in WT Docket No. 12-4. In particular, he described the potential competitive effects of permitting the largest carrier in the industry to accumulate a large preponderance of the available spectrum, and noted that T-Mobile’s Petition demonstrates that the Commission must evaluate the spectrum transaction in a way that appropriately recognizes and accounts for the competitive and technical realities of today’s wireless marketplace. The T-Mobile Representatives also addressed with several of the FCC Representatives the Commission’s authority to adjust the screen as more fully described in the Petition, and the additional concern raised by the pairing of the spectrum transfers with the concurrently-entered Joint Marketing Agreements and other agreements (“JMAs”) among the Applicants. Should any additional information be required with respect to this ex parte notice, please do not hesitate to contact me. Very truly yours, /s/ Jean L. Kiddoo Jean L. Kiddoo Counsel to T-Mobile USA, Inc. cc (by email): FCC Representatives