NEW YORK (Reuters) – Executives from Sprint Corp testified on Monday that the U.S. wireless carrier has struggled to improve its network, hindering its growth and underscoring the need to merge with larger rival T-Mobile US Inc.

U.S. state attorneys general, led by New York and California, are suing to stop the merger.

The states seek to prove in Manhattan federal court that the deal between the No. 3 and No. 4 wireless carriers would raise prices, particularly for users on prepaid plans. The state attorneys general, all Democrats, asked Judge Victor Marrero to order the companies to abandon the deal.

Sprint Chief Marketing Officer Roger Solé testified that the company’s strategy for enticing customers from competitors included slashing prices.

But he said the promotion’s “early success faded away pretty soon” due to customers having a negative experience with Sprint’s network quality.

In an effort to show how competition lowered prices, the states presented evidence that when Sprint introduced an aggressive promotion in 2016 to offer phone plans comparable to those of Verizon, AT&T and T-Mobile, T-Mobile’s MetroPCS prepaid brand immediately lowered prices on its plans.

The evidence is central to the states’ argument that Sprint and T-Mobile as standalone companies force competition between carriers, providing the best deal for consumers.

Solé

Lawyers for the states also presented evidence suggesting Sprint wanted a deal so more money could be earned from each customer.

In WhatsApp messages from 2017 between Solé and Marcelo Claure, who was then CEO of Sprint, Solé suggested a merger with T-Mobile could raise Sprint’s average revenue per user by $5.

In his deposition before the trial, Solé said he was simply offering a thought that price increases could happen “very far down the road.”

The companies argue that the stronger T-Mobile that would result from the proposed $26.5 billion takeover would be better able to innovate and compete to reduce wireless prices. The case represents a break with the usual process of states coordinating with the federal government in reviewing mergers and generally coming to a joint conclusion.

The deal had been contemplated in 2014 during the Obama administration, but the Justice Department and Federal Communications Commission urged the companies to drop it, which they did.

The Trump administration signed off on it after the companies agreed to sell Sprint’s prepaid businesses, popular with people with poor credit, to satellite television company Dish Network Corp.

But setting up DISH as a wireless carrier is “patently insufficient to mitigate the merger’s competitive harm,” the states argued in a court filing.

Deutsche Telekom CEO Timotheus Höttges, whose company is the largest shareholder of T-Mobile, will testify on Tuesday.

Reporting by Diane Bartz and Sheila Dang; Additional reporting by Brendan Pierson; Editing by Daniel Wallis, Nick Zieminski and Dan Grebler

China is outpacing the U.S. in fiber broadband expansion. (Image: Broadband Now)

At least 86% of China now has access to fiber broadband connectivity after six years of aggressive fiber optic network expansion, putting the United States at a significant disadvantage.

Only 25% of the United States is served by fiber service, creating a giant digital divide that leaves most Americans without fiber high speed broadband. That is the finding of Broadband Now, which summarized the results of its investigation in an article published this week, blaming the country’s reliance on deregulated monopoly/duopoly telecom companies for much of the problem.

“While America continues to suffer from an immense digital divide, China’s government has made incredible progress building out a state-sponsored super network of fiber optic connections. This infrastructure will allow the country to take early advantage of some of the most impactful applications resulting from the fourth industrial revolution,” Broadband Now reports.

Chinese state policy has emphasized the importance of deploying modern telecommunications networks, including fiber-to-the-home and 5G wireless service. The Chinese central government is spending billions to build a core public broadband network, which providers can lease to offer service to their customers. U.S. providers rely on private investment that depends on a financial formula to determine if fiber upgrades will deliver a competitive advantage or a potential for robust profits.

Broadband Now notes that most U.S. providers face little significant competition — “a difficult proposition to justify installing robust fiber networks, especially in less populous areas of the U.S.”

The “return on investment” formula is also responsible for the lack of rural broadband access, a problem the Chinese government solved by directly subsidizing the construction of fiber networks across the country, deeming high speed connectivity a national priority. As a result, 96% of rural Chinese villages now have access to fast internet service.

Broadband Now advocates for more aggressive fiber broadband deployment in the United States, including policies that promote fiber expansion and reduce deployment costs. For example, Broadband Now believes that a national “dig once” policy that would require fiber optic conduit to be installed wherever roadway projects are undertaken could allow providers quick and inexpensive access to deploy fiber technology. The group estimates that nationwide fiber expansion costs could be reduced from $140 billion to $14 billion if dig once policies were the national standard.

Chinese fiber deployment has already laid a foundation for China to outpace the United States in the race to deploy 5G wireless networks. Fiber connections are required to power gigabit speed small cells integral to millimeter wave 5G services. With China well ahead of the U.S. in fiber deployment, the country is poised to rapidly expand 5G wireless service.

Charter Spectrum is laying a foundation to convert company-supplied consumer/residential cable modems and routers, which may have an IP address like 192.168.1.1, into public Wi-Fi hotspots, helping the company offload Spectrum Mobile traffic from Verizon Wireless.

Speaking at FierceWireless’ Next Gen Wireless Networks Summit in Dallas this week, Craig Cowden — senior vice president of wireless technology at Charter Communications, said Spectrum is considering converting over 10 million deployed cable modems and routers into shared hotspots, following Comcast’s lead. This would allow Spectrum Mobile and home internet customers to automatically connect to millions of Spectrum’s Wi-Fi hotspots when outside of their own homes.

“We already offload significant traffic onto Wi-Fi,” said Cowden. “Comcast has 19 million hotspots that are called home-as-a-hotspot, using the existing router in the home. We see a benefit of doing that.”

The technology change would activate a company-supplied router’s second Wi-Fi channel, available inside customer homes and accessible to any Charter Spectrum customer. If Charter is planning to adopt the same technology Comcast uses today, customers would continue to have exclusive access to their existing 2.4 and 5 GHz Wi-Fi channels, and any usage on the second (public) Wi-Fi channel would not affect the customer’s own internet speed. Spectrum Mobile devices automatically connect to Spectrum’s Wi-Fi network when signals are strong enough.

Customers that use their own independently purchased cable modem and router equipment will not be affected. Comcast allows their customers to opt out if they object, and Charter may also offer a similar option for Spectrum customers using company-supplied equipment.

Pai

After significant lobbying by the cable industry, FCC Chairman Ajit Pai made a decision to propose splitting up the 5.9 GHz so-called Vehicle-to-Vehicle (V2V) band to open up 45 MHz for unlicensed Wi-Fi services and leave 30 MHz reserved for emerging crash avoidance technology that will allow cars to communicate with each other to reduce accidents.

Pai has been frustrated by the slow development of intelligent vehicle communications, especially as different competing technologies appear to have delayed deployment as carmakers ponder a technology shift. Pai’s proposal would allow auto manufacturers to debate what kind of spectrum division might be appropriate within the remaining band if different technologies are eventually deployed. But Pai would also quickly move to open up much of the rest of the band for cable industry and consumer Wi-Fi services.

“My proposal would do far more for both automotive safety and Wi-Fi than the status quo,” Pai said, noting he was adding his proposal for FCC consideration at a meeting on Dec. 12.

The cable industry, through its national lobbying group NCTA-The Internet & Television Association, quickly applauded Pai’s proposal, which nearly mirrors the plan recommended by the nation’s biggest cable companies.

“We applaud Chairman Pai’s announcement today that the Commission intends to move forward in considering a new plan for 5.9 GHz spectrum band that will chart a constructive path forward in putting these frequencies to better use for consumers,” said NCTA President Michael Powell. “The Chairman’s proposal will enable the fastest gigabit Wi-Fi speeds in America, ensuring that Wi-Fi can keep pace with growing consumer demand and the deployment of next-generation wireless broadband technologies. We also thank Commissioners O’Rielly and Rosenworcel for their tireless efforts in support of unlicensed spectrum, especially enabling Wi-Fi in the 5.9 GHz band.”

Cable operators including Charter and Comcast want to deploy a large network of Wi-Fi hotspots in the new band to support their growing mobile service operations. Both stand to save substantially by offloading network traffic to their own wireless networks instead of relying on Verizon Wireless, which is contracted to provide 4G LTE service.

Consumers will eventually also be able to purchase in-home routers that will support the new 5.9 GHz band, if Pai’s proposal is approved. The new Wi-Fi band, located between 5.85-5.895 GHz is adjacent to the existing 5.9 GHz Wi-Fi band in the United States (5.725-5.850 GHz)

Expanding available Wi-Fi spectrum may help consumers get faster wireless connections, especially in areas where signal congestion from other users is significant. Some proponents suggest that the new band could allow consumers to experience near-gigabit Wi-Fi speeds, but that will largely be dependent on the equipment used, one’s distance from a Wi-Fi hotspot, and any prevailing wireless traffic congestion.

Legere

(Reuters) – T-Mobile US Inc Chief Executive Officer John Legere will step down next year, the company said on Monday, less than three weeks before it goes to trial to determine the fate of its planned $26.5 billion merger with smaller rival Sprint Corp.

The third-largest U.S. wireless carrier will go to trial on Dec. 9 to fight a state attorneys general lawsuit that alleges the merger would be harmful to consumers.

T-Mobile said Legere will remain CEO until April 30, and will be succeeded by President and Chief Operating Officer Mike Sievert. Legere will continue to be a member of T-Mobile’s board.

Legere, the outspoken architect of the marketing and business strategy that helped T-Mobile become known as an innovator in the wireless industry, said the succession plan had long been in the works.

“A CEO with a board that doesn’t have a good succession plan, fails,” Legere said on a conference call with analysts. “It’s Mike’s time. He’s ready.”

T-Mobile remains focused on closing the merger with Sprint, Legere said.

“I feel quite good that we have the basis for settling this deal, and I feel equally good, if not better, about winning this trial,” he added.

T-Mobile has also been in talks with Sprint to extend their merger agreement, which had expired Nov. 1. A reduced price for Sprint could potentially be part of the negotiations.

Legere said Monday the company’s shareholders were working on a new agreement, but said he could not provide a timeframe.

Legere also said he had never been in discussions to run WeWork, saying the news reports had created an “awkward period of time” for T-Mobile. Japan’s Softbank Group Corp is the controlling shareholder for both Sprint and WeWork.

Sievert, also a member of T-Mobile’s board, has worked alongside Legere for the last seven years.

“It has been widely expected for some time that John would exit next year, so this won’t come as a shock to anyone,” said Craig Moffett, an analyst at MoffettNathanson. “And Mike has always been extremely highly regarded by the investment community. I expect they’ll make the transition without missing a beat.”

Shares of T-Mobile were little changed at $78.23 in afternoon trading, while Sprint was up 1.03%.

Reporting by Supantha Mukherjee, Sheila Dang, Munsif Vengattil and Diane Bartz; Editing by Sriraj Kalluvila, Anil D’Silva and Dan Grebler