After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

While AT&T and Verizon trade customers back and forth and enjoy fighting it out for “number one” in wireless service, smaller providers like Sprint are finding it increasingly difficult to compete with its two larger competitors, who have access to the best phones, most coverage, and don’t need to discount prices to attract new customers.

Forbes’ financial blog shares its impressions of the anticipated financial performance of the three biggest players in the U.S. market:

AT&T: Still the financial darling of Wall Street, AT&T will see some pressure on earnings from its integration of acquired assets of Alltel Verizon sold to win approval of its merger with the smaller carrier a few years ago.  Since Alltel’s network used CDMA technology, AT&T had to supply free new phones to every customer it acquired, as the GSM network it operates is not compatible.  AT&T is also still dealing with a slow bleed of iPhone customers departing for Verizon as contracts expire.  It will be interesting to see if Verizon’s imminent end of “unlimited smartphone data” will create a last minute rush from AT&T to VZW before Verizon terminates its unlimited data plan Wednesday night.

Verizon: Verizon will achieve the top spot for the number of new customers it has added during this quarter, mostly from new iPhone users.  The end of “unlimited data” could mean increased “average revenue per user” if new customers have to pay for a pricier data plan, but some analysts are keeping a “neutral” rating on Verizon’s stock, concerned about the margin squeeze created when Apple releases iPhone 5 this fall.  Customers off-contract or nearing expiration could jump for the new phone.  With the subsidy Verizon provides to new iPhone owners, it could bring down margins.

Sprint: The biggest challenge remains with the number three carrier Sprint, which had been picking up disaffected customers from AT&T, Verizon, and even T-Mobile.  That growth has since slowed, and now the company is depending on increased revenue from price hikes, especially on smartphones which now carrier a $10-higher price tag.  But Sprint is aggressively trying to hold the line on customer defections, sometimes approaching “giving away the store” in order to keep customers from leaving for AT&T or Verizon.  In addition to accelerating free/discounted upgrades to new smartphones, the company has also increased the number of calling minutes for its Everything Data plan from 400 to 750.

Sprint’s distant-third position requires the company to price its service plans more aggressively than its larger competitors, especially to counter the image it runs a smaller network with less-reliable coverage.  If AT&T succeeds in acquiring T-Mobile, the dominance of AT&T and Verizon will become even more solidified, threatening Sprint’s position as a viable alternative to the larger two.  That could leave Sprint in the difficult position of trying to finance upgrades even as it has to heavily discount service to keep its current customers loyal.

[flv]http://www.phillipdampier.com/video/CNBC Sprint Going the Distance 4-28-11.flv[/flv]

On April 28, Sprint Nextel CEO Dan Hesse talked with Jim Cramer about his initial impressions of the announced AT&T/T-Mobile merger and how Sprint would cope with it.  (9 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Sprint Nextel CEO Speaks Out 6-9-11.flv[/flv]

Back in June, Dan Hesse was back with CNBC’s Jim Cramer to expand on Sprint’s strategy to deal with a wireless duopoly and how it hopes to compete in a market where two companies would control nearly 80 percent of all American wireless revenue.  (11 minutes)

Cicconi

Jim Cicconi, AT&T’s chief lobbyist told Politico the company’s practice of encouraging civil rights and charity groups to advocate on its behalf was “entirely natural,” and claimed opponents of the proposed merger of AT&T and T-Mobile were doing the same thing.

“The difference is that we seem to be having success and they are not. We attribute that entirely to the obvious benefits of the merger and the history of what we have stood for as a company,” Cicconi said. “What seems unnecessary is for opponents to attack the motives and credibility of those who have chosen to support our position and not theirs.”

AT&T has made substantial contributions, both financial and through involvement by key AT&T executives on various boards of directors of non-profit groups, as part of its corporate strategy.  Often, many of the non-profit groups involved thank AT&T by submitting letters of support for various business activities AT&T is engaged in, including public policy debates, mergers and acquisitions, and legislation that could impact the company’s bottom line.

On occasion, the connection between AT&T’s large financial contributions and the advocacy letters that often result becomes a point of contention with rank and file members of the organization, as happened in June with a gay rights organization that culminated in the resignation of its president and an AT&T-connected board member.

But more often than not, the corporate money-and-influence-connection goes unnoticed by the constituents of these organizations, many of whom will be disadvantaged, charge critics, by an outcome favorable to AT&T.

Politico explored the links between AT&T executives, lobbyists, money and civic groups and charities and discovered plenty:

Somehow, letters from the National Urban League and...

• Norelie Garcia, associate vice president of federal affairs at AT&T, who is an executive committee chair on the National Puerto Rican Coalition’s board of directors. The group wrote to the FCC May 27.

• Jerry Fuentes, president of AT&T for the Arizona and New Mexico regions, is the vice president for corporate policy on the National Hispanic Caucus of State Legislators’s business board of advisers. The organization wrote to the FCC backing AT&T on May 26.

• Barbara Winn, AT&T’s Sacramento-area director of external affairs, is listed on the letterhead of the Greater Sacramento Urban League as executive committee chairman in the filing the group sent to the FCC supporting the deal June 17.

• Tanya Lombard, assistant vice president of public affairs at AT&T, is a board member of the National Coalition on Black Civic Participation. The group wrote to the FCC May 25, saying “We believe it will help fulfill President Obama’s vision of an America in which everyone has affordable access to high-speed Internet service.”

AT&T is listed as a sponsor of the Cuban American National Council , the National Puerto Rican Coalition, and among the National Coalition on Black Civic Participation’s 35th anniversary partners. Meanwhile, it costs $25,000 annually to be a full member of the National Hispanic Caucus of State Legislators’s business board of advisers, as AT&T’s Fuentes is.

In 2009, the AT&T Foundation gave the local chapters of the Urban League in Chattanooga, Tenn.; Columbia, S.C.; and Knoxville, Tenn., a total of $45,000.

The National Urban League in 2009 received more funding — $100,000 — from the Sprint Foundation. But Sprint, which has been the most vocal corporate opponent of the AT&T/T-Mobile deal, does not have executives on the boards of any of those groups, the company said.

...the National Action Network turned out to be nearly identical.

Politico found many of America’s most influential civic rights groups received private briefings from AT&T executives promoting the deal — meetings which ultimately led to letters of support from those organizations, despite their having little or no input from those opposed to the merger.  AT&T also has dispatched “advocacy kits” to many groups filled with sample letters and talking points the company encourages groups to use as a template for letters of their own.  Not counting on the laziness among many tasked with writing the letters ultimately dispatched to the Federal Communications Commission, there is often a striking resemblance of correspondence favoring the merger.

Politico notes the text in two filings submitted last month to the FCC by the National Urban League and Al Sharpton’s National Action Network regarding the acquisition are nearly identical.

All of this disturbs ColorofChange, a civil rights group not on the payroll of either those supporting the merger or opposed to it.

“There are long-standing relationships AT&T has with these organizations that we think unfortunately have led some of them to take AT&T’s position on an issue that will negatively impact black people,” Rashad Robinson, executive director of ColorofChange told Politico.

AT&T just disclosed its latest lobbying reports, showing the company has increased its lobbying budget by nearly $1,000,000 compared with the same quarter last year — spending $6.84 million during the first quarter of 2011 alone on lobbying the federal government.

Sprint Nextel, seen by many as the primary opponent of the deal, actually reduced its own lobbying expenses during the same period, spending just $583,000 during the first quarter, down 25% from the $774,100 spent a year earlier.

Nevermind. We'll resell Sprint instead.

Back in January 2010, Cox Cable announced it was getting into the cell phone business with an ambitious plan to construct its own competing wireless network.  Cox used their little spacemen to market their forthcoming alternative as delivering “unbelievably fair” pricing and terms for cell phone service.  The bigger players were selling bait and switch plans with high extra charges and bill shock at the end of the month, or so Cox’s ads suggested.

Now, the cable company has announced it is pulling the plug on its partially constructed 3G network, and will rely exclusively on reselling Sprint service.

“We believe this approach is good for our customers, allowing us to take the necessary steps to fulfill our promise to deliver a Cox experience that customers expect from us,” read a statement from Cox.

What happens to Cox’s existing infrastructure, and the frequencies it won at auction in 2008, is unknown.

Although the reasons for the change of heart are not officially known, there is speculation in the investment community Cox’s expensive launch of 3G technology would be outdated just as larger providers were unveiling newer 4G networks.  Additionally, the dynamics of the market are increasingly trending towards a duopoly, especially after AT&T announced its intentions to acquire T-Mobile.

Two major carriers will provide service to the vast majority of Americans if the merger is approved.  That would leave Cox in a difficult position attracting investment to build its own network and interest from consumers looking for the latest and greatest smartphones Cox couldn’t sell.

Sprint’s wholesale division has allowed several providers to resell Sprint’s network, no capital investments required.  Cox had already been relying on Sprint for providing cell phone service in several markets.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Cox Wireless Advertising Campaign.flv[/flv]

Cox Wireless’ marketing campaign promised “unbelievably fair” pricing on its own wireless network.  Now it will resell Sprint’s network instead. (2 minutes)

AT&T, one of the country’s most profligate spenders on public policy lobbying, has pulled out all the stops pushing for Washington approval of its proposed merger with T-Mobile.

Bloomberg Government reports AT&T spent $6.8 million during the first quarter of 2011, more than 11 times more than its rival Sprint, which opposes the merger deal.  In fact, AT&T was the nation’s second biggest spender in lobbying dollars, just behind defense contractor Honeywell, which is trying to avoid Pentagon spending cuts.

Sprint’s much smaller lobbying effort had to make do with a budget of just $583,000 during the same period to push back against the telecom giant.

Also raising questions are reports from Bloomberg that AT&T CEO Randall Stephenson direct dialed Federal Communications Commission Chairman Julius Genachowski the weekend before the deal went public.  At the same time, former FCC Chairman Richard Wiley, today a lobbyist for T-Mobile, spoke directly with four of the five FCC Commissioners to directly lobby for the merger’s approval.

Sprint has been trying to beef up its own lobbying star power, recently adding Eddie Fritz, former head of the National Association of Broadcasters as one of their lobbyists.  Sprint has also hired several former high-level Congressional staffers and mid-level employees at the Justice Department, expected to help Team Sprint know how to apply the right pressure to the right people inside the FCC and Justice Department to reject the deal.  The merger hinges on the approval of both agencies.

Left off the speed dial — consumers, who cannot pick up the phone and reach FCC Chairman Genachowski while lounging in his backyard or enjoy lucrative employment opportunities open to government workers in the private lobbying sector.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/Bloomberg ATT Lobbying 5-24-11.mp4[/flv]

Bloomberg News breaks down AT&T’s lobbying and strategy for getting its merger deal with T-Mobile approved in Washington.  (2 minutes)