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Justice Dept. Ready to Approve T-Mobile/Sprint Merger

Phillip Dampier July 24, 2019 Boost Mobile, Competition, Consumer News, Dish Network, Public Policy & Gov't, Rural Broadband, Sprint, T-Mobile, Video, Wireless Broadband Comments Off on Justice Dept. Ready to Approve T-Mobile/Sprint Merger

The Justice Department has helped engineer an approvable merger deal between T-Mobile and Sprint that will get antitrust regulators’ blessings as early as tomorrow, according to a report in the Wall Street Journal.

The sticking point that held up merger approval for weeks was the divestiture of certain wireless assets to Dish Network, which claims it will temporarily use Sprint and T-Mobile’s wireless networks to offer a new nationwide “fourth option” for cell phone service. Dish’s new cell phone service will come from a $1.4 billion acquisition of prepaid carrier Boost Mobile, which currently relies on reselling Sprint’s 4G network. Dish would inherit Boost’s nine million customers. Dish will also be able to lease access to T-Mobile and Sprint’s existing wireless networks for up to seven years while it builds out its own network of cell towers. The deal also includes a guarantee that Dish can pay $3.6 billion to acquire 800 MHz wireless licenses held by Sprint.

The Justice Department claims that lower frequency spectrum will allow Dish to service rural communities, assuming Dish is willing to invest in cell tower construction in high cost, low return areas.

Regulators in the Trump Administration’s Justice Department claim shaving assets from a super-sized T-Mobile will preserve the competition that will be lost when Sprint becomes a part of T-Mobile. But Dish will emerge as a miniscule player with only a fraction of the 100+ million customers that AT&T and Verizon have, and at least 80 million customers signed with T-Mobile. One of the core arguments T-Mobile and Sprint made in favor of their merger was that each was too small to afford to deploy 5G service quickly and efficiently. Dish will have even less money to build out a basic 4G wireless network.

Another merger requirement for the combined T-Mobile and Sprint will be mandatory support for eSIM, which allows consumers to change wireless carriers quickly without investing in a physical SIM card. But that requirement will not impact AT&T or Verizon Wireless, which both continue to push physical SIM cards on the much larger customer bases.

If the Justice Department does publicly approve the merger, the last hurdle the wireless companies will have to overcome is a multi-state lawsuit filed by attorneys general that argue the merger will impact low-income customers and is anti competitive. That court case is unlikely to be heard until late fall at the earliest.

CNBC’s David Faber reports that T-Mobile and Sprint have settled with the Department of Justice to go through with their merger deal. (6:14)

CNBC: Justice Dept. Gives T-Mobile/Sprint Merger One Week to Settle Issues

Phillip Dampier July 18, 2019 Competition, Consumer News, Dish Network, Public Policy & Gov't, Reuters, Sprint, T-Mobile, Video, Wireless Broadband Comments Off on CNBC: Justice Dept. Gives T-Mobile/Sprint Merger One Week to Settle Issues

WASHINGTON (Reuters) – The U.S. Justice Department would sue to block the merger of T-Mobile US Inc and Sprint Corp if the parties do not settle next week, CNBC reported on Thursday, citing sources.

T-Mobile and Sprint did not immediately respond to Reuters requests for comment. The Justice Department declined to comment.

In June, a group of U.S. state attorneys general filed suit to block the merger, arguing that the deal would cost consumers more than $4.5 billion annually.

To win over the Justice Department, which is not involved in the lawsuit, T-Mobile and Sprint have agreed to a series of deal concessions, including selling the prepaid brand Boost.

The companies have been in talks for weeks to sell Boost to Dish Network Corp but are haggling over issues such as restrictions over who can buy the divested assets if they are sold in the future, with T-Mobile and Deutsche Telekom seeking to prevent them from going to a cable or technology company.

T-Mobile is about 63% owned by Deutsche Telekom and Sprint is controlled by Softbank Group Corp.

The companies told the court in late June that they were willing to refrain from closing the deal until after the state attorneys general case is completed.

The two companies have a July 29 deadline to complete the deal but are expected to extend it.

Federal Communications Commission chairman Ajit Pai has given his blessing to the merger in principle and is expected to circulate a formal order within weeks.

Reporting by David Shepardson and Diane Bartz in Washington and Akanksha Rana in Bengaluru; Editing by Sonya

CNBC’s David Faber reports the biggest stumbling block in the merger is a fear Dish might sell its wireless service to a cable company. T-Mobile wants contract language restricting that possibility. (5:13)

 

Netflix Loses 130,000 U.S. Customers After Raising Its Price to $12.99/Month

Phillip Dampier July 17, 2019 Competition, Consumer News, Netflix, Online Video, Video Comments Off on Netflix Loses 130,000 U.S. Customers After Raising Its Price to $12.99/Month

Netflix stock lost over 11% of its value late today after the company reported second quarter results that underwhelmed Wall Street, including a surprising loss of 130,000 U.S. customers that left the streaming service during the last three months.

Netflix added 2.7 million customers in the second quarter, a much smaller number than the 6 million it added during the same period last year. As of the end of June, Netflix now has 151.6 million customers worldwide. Wall Street expected between 153-156 million by that time. The $2/month U.S. rate increase during the first quarter for Netflix’s popular two-concurrent stream plan (was $10.99, now $12.99 in the U.S.) helped keep company revenue up 26%, to $4.92 billion for the quarter. But analysts expected $4.93 billion. Profits also declined to $270 million, compared with $384 million a year ago during the same quarter.

The company blamed the lackluster results on the lack of compelling content during the second quarter. In a letter to shareholders, Netflix claimed the recent price increase slowed growth, but the real problem was overheated growth during the first quarter and not a lot of blockbuster movies and shows to watch.

“We think [the second quarter’s] content slate drove less growth in paid net adds than we anticipated,” Netflix executives said.

The company also noted it is raising prices in several European countries including the United Kingdom, Spain, Ireland, France and Germany.

Netflix does not believe competition with other streaming services had a material impact on its subscriber numbers during the quarter, but analysts suggest Netflix should be concerned about forthcoming streaming competition from AT&T/WarnerMedia (HBO Max) and Walt Disney (Disney+). As more services become available, consumers are likely to take a hard look at the streaming services they are watching and ditch those they are not.

Netflix also declared it will not introduce a cheaper, ad-supported version, despite increasing speculation it would.

“We believe we will have a more valuable business in the long term by staying out of competing for ad revenue and instead entirely focusing on competing for viewer satisfaction.” Netflix told shareholders.

The Wall Street Journal reviews the many challenges to Netflix from forthcoming contenders in the streaming wars. (4:36)

Frontier Admits Its Rural Phone Business is Now “Unsustainable”

Frontier Communications has publicly admitted its residential telephone service in rural and “high-cost” service areas is “unsustainable,” resulting in an increasing number of lengthy service outages and unreliable service.

Javier Mendoza, vice president of Frontier Communications, made the admission in response to a growing chorus of complaints about rapidly deteriorating landline service in the state of West Virginia. Service has gotten so bad it prompted the senior senator from West Virginia to complain directly to Frontier CEO Dan McCarthy.

“In times of crisis, no one should ever have to think twice about whether he or she will be able to call for help,” Sen. Joe Manchin (D-W.V.) wrote in a letter directed to McCarthy. “Unfortunately, I have been alerted of several instances where my constituents who utilize Frontier’s landline service have not been able to complete calls due to service outages.”

The West Virginia Public Service Commission is currently auditing Frontier’s operations in the state after seeing “a large increase” in complaints about Frontier’s service. Frontier has been the state’s largest telecom company since 2010, when it acquired Verizon’s wireline network in West Virginia.

According to some customers, service has been going downhill ever since.

“I don’t always depend on it to work because I know it is probably not going to do that,” Frontier customer Lawrence Gray told WSAZ-TV. “So it used to be a real shock when you picked it up and it didn’t work. The other day when I picked it up and you couldn’t get a dial tone, I was like well here we are again. It is the way it is.”

Frontier is the dominant phone company in West Virginia.

Lawrence’s wife Patrecia notes they are both in their 70s and are anxious about being able to reach 911 in an emergency. Frontier has experienced several 911 outages in West Virginia as well.

“If we ever want to call 911 and it is not working, what do you do because we have no call phone service here,” Patrecia said.

The Gray family reports that it typically takes Frontier five to seven days to restore their phone service after an outage. That is unacceptable to Sen. Manchin.

“The safety of my constituents is my highest priority and the fact that so many of them are unable to do something as basic as calling 911 for assistance is unacceptable,” Manchin wrote Frontier. “Access to phone service is not a luxury; it is a critical lifeline that could mean the difference between life and death and I implore you to resolve this problem within your company immediately.”

Frontier’s response, through Mendoza, is to blame the situation on the unprofitability of Frontier’s landline network in rural West Virginia, after choosing to buy it nine years ago.

“Frontier serves only about ten percent of the state voice lines in its service area—and falling—but has 100 percent of the universal service obligation to serve the most rural and high-cost areas,” Mendoza said in a statement. “Our customer base continues to decline, while the cost of service per line has increased dramatically. This has resulted in an unsustainable model for providing service in rural and high-cost areas, manifesting in increased numbers of service complaints. We plan to reach out to the state’s leaders to collaboratively find solutions to this difficult challenge.”

Those challenges may be more difficult than imagined, considering the frequent complaints received by the Public Service Commission about the ongoing service problems experienced by customers.

Doug and Patricia Stowers represent a case in point. The Stowers family lives in Griffithsville, an unincorporated community in eastern Lincoln County. The nearest cell phone coverage in this part of West Virginia is a 14-mile drive into the town of West Hamlin. A landline is essential in Griffithsville and many other parts of West Virginia where cell service is spotty at best. The only choice of provider is often Frontier Communications.

This branch was left hanging on Frontier’s phone line… after a service call reporting branches on Frontier’s cable was finished. (Image courtesy of the Stowers family)

The Stowers family installed their landline in 2012. A single Frontier technician laid nearly one-quarter of a mile of phone cable, sections of which were laid on the ground next to the roadway.

“Since 2012, coverage has been sporadic. It took us a few service interruptions before we noticed a connection of when the county mowed [along the roadway] and the phone going out,” wrote Patricia Stowers. “When we found a long section of main line had been laid along the edge of the road, we walked the road, and made sure the line was thrown over edge out of the reach of the mowers.”

That is where Frontier’s phone cable stayed, for years. In areas where the phone cable was hung above ground, tree limbs and brush often cover the line, even after Frontier dispatches repair crews to address the latest service outage. At one point, the family discovered parts of their phone cable were now exposed to the core. A Frontier technician temporarily “patched” the cable and then placed it back on the ground, this time at the bottom of a dry creek bed.

When the family reports service outages to Frontier, having patience is a virtue.

“When we call for repairs, we are scheduled three to seven days out. To me this is unacceptable,” writes Patricia. “If we had a choice, trust me, we would not have phone service from Frontier, however, we are at their mercy.”

An attorney for Frontier Communications in Charleston disputed parts of the Stowers family complaint, noting that each time the family reported an outage, the company dispatched a technician to repair the trouble and the family was given credit on their bill.

The attorney also noted that the service address in question was a “weekend/vacation residence.” The cable lying in the creek bed was “not in service” and was “scheduled to be removed.” Further, despite the Stowers’ claims that branches were left laying on their phone line, the attorney claimed Frontier found only “a small branch lying on the 2-pair cable servicing the weekend/vacation residence” and it would be removed “with a pole saw.”

Frontier routinely responds to service complaints filed with the PSC with this declaration:

Pending final resolution and dismissal of this matter, Frontier respectfully reserves all defenses and objections, including without limitation the right to demand strict proof of each and every allegation of the Complaint not expressly admitted in this Answer.

WSAZ-TV in Huntington, W.V. reports Frontier’s landline service in the state is deteriorating, and Frontier admits its rural phone service is “unsustainable. (2:41)

Starry Wins 24 GHz Spectrum to Launch 200/200 Mbps Unlimited Wireless in 25 States

Starry, Inc., a fixed wireless internet provider, this week announced it has won 104 licenses in the FCC’s recent spectrum auction, allowing the company to launch service to over 40 million people in 25 states, potentially covering more than 25% of all U.S. households.

“We are excited to take this important next step, augmenting our shared spectrum strategy with exclusively licensed spectrum,” said Starry CEO and co-founder Chet Kanojia. “This gives us the ability to provide access to unlimited, affordable, high quality internet access. We built our technology to be agile and operate across a range of frequencies, so that we could take advantage of opportunities like this to expand and grow our network.”

Starry’s internet service advertises 200/200 Mbps speed without data caps for a flat $50 a month, equipment included. The service will now also use licensed frequencies in the 24 GHz band and reach customers over a point-to-multipoint network that serves multi-dwelling residential units primarily in dense urban areas, but can affordably service other areas with a significant population density.

Starry claims to offer a simple, no bundles, no-long-term contract, no-data caps, no-hidden fees plan of $50 per month, and is up and running in parts of Boston, Los Angeles, Washington, D.C., New York City, and Denver. Customers give Starry a rating of 4.9 out of 5.0 stars in over 100 Google reviews.

Customers like Raphael Peña are fans.

“It’s awesome so far, 300 Mbps down and about the same up,” Pena writes. “The price is right and I can play Battlefield V or any other game with no lag. I just wish you could get this for homes but I’m loving it in my apartment.”

So far, Starry is focused on serving multi-dwelling units like apartments and condos in downtown areas that are increasingly attractive to younger residents. The technology can be extended to serve other customers at an average cost of around $20 per residence. Most of their customers are young cord-cutters or cable-nevers, and Starry only sells internet service, skipping video and phone service. Starry works closely with real estate developers, which may be similar to those canary wharf estate agents, and owners to deploy Starry internet service, sometimes as an amenity to attract new renters and keep current ones happy.

With the latest spectrum acquisition, Starry plans to expand service in phases, starting with Chicago, San Francisco, Houston, Dallas, Seattle, Detroit, Atlanta, Indianapolis, Philadelphia, Miami, Memphis, Phoenix, Minneapolis, Manchester, N.H., Portland, Ore., and Sioux Falls, S.D. But the company also plans to reach cities in the 25 states where it now holds licensed spectrum. How fast it reaches these cities will depend on available funding and subscriber interest:

Starry’s Spectrum Licenses Cover These Communities

State Cities
Alabama Birmingham, Huntsville, Mobile
Arizona Tucson
Arkansas Little Rock
Colorado Colorado Springs, Fort Collins
Florida Jacksonville, Tallahassee
Idaho Boise City
Illinois Decatur
Indiana South Bend, Fort Wayne, Bloomington
Kansas Wichita
Kentucky Louisville
Ohio Cleveland, Cleveland, Cincinnati, Toledo, Dayton, Columbus
Massachusetts Springfield
Mississippi Jackson
Nevada Las Vegas, Reno
New Mexico Albuquerque
New York Buffalo, Albany, Syracuse, Rochester
North Carolina Fayetteville, Greensboro, Charlotte, Raleigh
Louisiana Baton Rouge, New Orleans
Pennsylvania Harrisburg
South Carolina Charleston
Tennessee Nashville, Chattanooga, Memphis
Texas San Antonio, Brownsville, Lubbock, El Paso
Virginia Virginia Beach
Washington Spokane
Wisconsin Milwaukee, Madison
Courtesy of: Starry.com

Light Reading’s Mike Dano discussed how to build an affordable fixed 5G internet service with Alex Moulle-Berteaux, chief operating officer for Starry, at the Big 5G Event in Denver on May 8, 2019. (16:41)

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