RWA, CWA and EchoStar file FCC petitions against T-Mobile’s acquisition of UScellular
The Rural Wireless Association (RWA), Communications Workers of America (CWA), and EchoStar (owns Dish Network) all filed FCC petitions requesting the agency reject T-Mobile’s proposed acquisition of “substantially all” of UScellular’s wireless operations, including some spectrum.
The proposed transaction would remove UScellular from the U.S. telecom market, thereby eliminating one of the last few remaining regional wireless network operators and strengthening T-Mobile’s position across the 21 states where UScellular maintains operations.
Public interest and consumer groups (include Public Knowledge, New America’s Open Technology Institute and Community Broadband Networks Initiative) also opposed approval. They argued that the proposed merger between T-Mobile and UScellular would “result in the loss of the fifth largest marketplace competitor with a network covering approximately 10 percent of the country’s population, reallocate spectrum resources predominantly to the three top wireless carriers only to make it nearly impossible for a fourth competitor to emerge in the market, and waste valuable funding secured for building out 5G networks.”
The deal is relatively small as telecom mergers go — valued at about $4.4 billion, including $2 billion in assumed debt — but has ignited substantial opposition. UScellular is the nation’s fifth-largest wireless carrier.
“T-Mobile is asking for the commission’s blessing to further entrench its dominance over the wireless voice and broadband markets, making it harder for others (like EchoStar) to compete. The commission should deny this transaction, which threatens to substantially harm competition while offering only illusory public interest benefits,” EchoStar wrote in a new filing to the FCC.
“The merger would substantially lessen competition in local markets where UScellular operates, hurting workers, consumers and other rural carriers. The commission should reject the proposed transaction as currently structured and require specific enforceable measures … to ensure that the merger remains in the public interest,” wrote the Communications Workers of America (CWA), a union that counts thousands of members inside AT&T and Verizon but has struggled to unionize workers in T-Mobile. The Rural Wireless Association also voiced its opposition.
This past May, T-Mobile said it would purchase around 30% of UScellular’s spectrum holdings, all of its 4.5 million customers and its retail stores in a deal worth $4.4 billion. T-Mobile has also said it will make job offers to “a significant number” of UScellular’s employees as part of the transaction. Following T-Mobile’s announcement, both AT&T and Verizon inked deals to acquire roughly $1 billion each worth of UScellular’s spectrum. T-Mobile officials still expect to close the UScellular transaction next year.
“I don’t know how many mergers you’ve heard of in the past that are like, yeah, I can promise you better networks and lower prices right from the get-go, and the company, of course, will benefit from the synergies, and it’s highly accretive. So this is going to be a win all the way around, and I’m confident the government will see it that way as well,” T-Mobile CEO Mike Sievert said this week at an investor event.
However, the U.S. Department of Justice (DoJ) advised a deeper review of T-Mobile’s UScellular proposed acquisition due to T-Mobile’s foreign owner Deutsche Telekom, which indirectly holds 50.42% of T-Mobile’s stock and also holds a proxy agreement that authorizes it to vote additional shares.
Many pundits expect T-Mobile to ultimately close on its purchase of UScellular thanks to the incoming Trump administration, which is expected to be more friendly to acquisitions than the Biden administration has been. As a precedent, Donald Trump’s first administration immediately approved T-Mobile’s $26 billion purchase of Sprint in 2020.
References:
https://www.fcc.gov/ecfs/document/1209299836114/1
https://www.fcc.gov/ecfs/document/120973502037/1