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

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

T-Mobile is gradually expanding its new fixed wireless home broadband service, prioritizing rural areas next to major highways where the mobile provider has strong 4G LTE service.

T-Mobile Home Internet is initially being targeted to rural customers unlikely to have high speed internet access from a cable company or are stuck with low speed DSL from the phone company. It offers “unlimited service” with no data caps, but T-Mobile reserves the right to temporarily throttle speeds of users exceeding 50 GB of usage per month when their local cell tower is congested. Customers can check T-Mobile’s fixed wireless website to see if they qualify for service.

A Stop the Cap! reader in Indiana testing the service over the last month reports speeds averaging around 50/3 Mbps, with ping times often 30 ms or much more, which makes the service problematic for video games. But T-Mobile Home Internet works fine with streaming video services.

(Image: The Gadgeteer)

The service is currently available only in a few areas. T-Mobile is carefully managing the service by registering the customer’s wireless home internet equipment to a specific cell tower. Customers are not allowed to take the service on the road, such as on vacation. Since the service relies on T-Mobile’s existing 4G LTE cell tower network, it is essential to balance capacity between fixed wireless customers and T-Mobile’s existing mobile users. Pricing is comparable to Verizon’s 5G Home Internet and in most cases the price includes taxes and fees.

T-Mobile began marketing the service to its existing customers in qualified service areas over the summer. Among those enrolled, none have reported speed throttling, despite the fine print warning to heavy users.

“I consistently use over 250 GB a month and speeds have never been impacted,” our reader told us. “However, speeds can suffer around rush hour, when I suspect more people are using their cell phones. But they are still 25+ Mbps for downloads.”

Customers signing up for the service will receive:

• a T-Mobile LTE Wi-Fi Gateway with a pre-installed T-Mobile SIM card;
• A 5200mAh battery backup, also likely for future portability options;
• AC Adapter;
• Quick Setup Manual.

(Image: The Gadgeteer)

There is no charge for the equipment and start-up kit, but it remains the property of T-Mobile and needs to be returned if you cancel, otherwise T-Mobile will charge you $207.

Users plug in the equipment in an area of their home that gets the strongest T-Mobile reception. Once T-Mobile’s LTE network is detected, the service will register and activate service on the T-Mobile cell tower. Customers manage the rest of the service with a smartphone app, which configures Wi-Fi capable devices, sets streaming speeds, and allows customers to check usage. There are two LAN ports on the back of the device for Ethernet connections and a phone jack, presumably to support landline service sometime in the future. Most will be able to configure the service in less than 10 minutes.

Ironically, one service T-Mobile explicitly says won’t work with its fixed wireless offering is T-Mobile’s new TVision live TV service. But customers report no problems using AT&T TV Now and Hulu’s Live TV service.

The included backup battery provides long lasting power to stay connected during a power interruption.

Customers have reported favorable impressions of the service, assuming they have a solid signal from a nearby cell tower. T-Mobile is cautiously marketing the service only to customers where cell towers are not already congested, and only in areas relatively close to a nearby cell tower, to assure good reception. T-Mobile can also self-limit the number of fixed wireless customers signed up for each cell tower. That means most of its fixed wireless customers will be in semi-rural areas, often nearby a major road or highway where a T-Mobile tower provides service. It is not likely T-Mobile will initially market fixed wireless service in dense suburban or urban areas, because cell towers are much more likely to be congested. It also seems unlikely T-Mobile will sell the service in deeply rural areas where it lacks good cell coverage because T-Mobile is relying on its existing network of cell towers to support the fixed wireless service.

An excellent review of the service and its features has been written by The Gadgeteer.

T-Mobile explains how its fixed wireless home internet service works. (1:15)

Many of the same civil rights groups that regularly advocate their support of giant corporate telecom mergers are back once again to show their support for the controversial T-Mobile/Sprint merger. But that support does not come for free.

A “Memorandum of Understanding” (MOU) that includes “philanthropy and community investment” that does not exclude direct financial contributions from the two wireless companies to these civil rights groups is a major part of a new “understanding” announced today between several organizations founded to represent minority interests and T-Mobile and Sprint that the wireless companies hope will deliver an imprimatur for the troubled merger deal with regulators and politicians.

The key items in the MOU:

1. Standing up a national diversity and inclusion council comprised of non-employees from diverse groups, including each of the multicultural leadership organizations that are party to the MOU, and other highly esteemed community leaders to facilitate open communication over the development, monitoring, and evaluation of diversity initiatives and to provide advice to the New T-Mobile senior executives.

2. With the help and input of the council, developing and implementing a Diversity Strategic Plan addressing each of the key elements of the MOU and reflecting best practices in the industry.

3. Increasing the diversity of its leadership and workforce at all levels including its Board governance, to reflect the diversity of the communities in which it operates.

4. Making a targeted effort to increase partnerships, business, and procurement activities with diverse business enterprises in a range of categories such as financial and banking services, advertising, legal services and asset sales. New T-Mobile aims to become a member of the Billion Dollar Roundtable by 2025.

5. Expanding wireless offerings to low-income citizens, underserved minority populations and insular and rural areas, and to organizations serving these underserved communities [including] a significant philanthropic investment for institutions serving disadvantaged or underrepresented communities to support tech entrepreneurship and to bridge the gap in literacy.

The groups, most familiar to Stop the Cap! readers that have followed civil rights groups engaged in pay for play advocacy, include:

• National Urban League: A notorious friend of big cable and phone companies, the Urban League is a regular supporter of telecom mergers and opposes net neutrality.
• The League of United Latin American Citizens (LULAC): Brazenly photographs its executive leadership accepting big checks from AT&T and other telecom companies.
• National Action Network: Rev. Al Sharpton’s group loves to support telecom mergers and acquisitions and lobbies to block consumer protection regulation.
• UnidosUS: Receives most of its funding from corporate interests.
• Asian Americans Advancing Justice | AAJC
• OCA – Asian Pacific American Advocates: One of Comcast’s special friends, OCA advocated against new consumer privacy rules two years ago claiming poor people want more intrusive ads.

In a joint statement, the groups urged the FCC to approve the T-Mobile/Sprint merger “so the combined New T-Mobile can definitively launch these enhanced diversity efforts and expansion of service to all communities included in the MOU.”

“T-Mobile is honored to partner with these visionary organizations to create an action plan of this magnitude that includes commitments to diversity and inclusion that are bolder than ever before,” John Legere, CEO of T-Mobile and CEO of New T-Mobile, said in a statement. “With this MOU, we have doubled down on ensuring we represent the communities we serve today and will serve as the New T-Mobile in the future. We are excited for the New T-Mobile to become a reality so we can get to work on delivering these commitments.”

Except in most cases, these kinds of arrangements serve mostly as window dressing, gussying up otherwise nakedly anti-consumer merger deals under the guise of serving minority or disadvantaged interests. Money often quietly flows between the corporate and the non-profit side, usually in the form of donations. Some groups may also offer token advisory board positions to executives, which usually cements an ongoing advocacy relationship.

Members of these civil rights organizations have a right to be puzzled why such groups are spending significant time and resources engaged in corporate advocacy. The interests of two major corporations cementing a multi-billion dollar merger deal and civil rights groups trying to fight discrimination and improve the lives of their constituents are often tangential, if not in direct opposition to each other. Apparently the money that usually comes with these arrangements matters much more.

NEW YORK (Reuters) – Charter Communications submitted a proposal to the Justice Department to buy telecom assets being sold under the T-Mobile US and Sprint Corp combination, but never heard back from the agency, three sources familiar with the matter said.

U.S. officials decided to accept a deal to sell assets including Sprint’s Boost Mobile brand to satellite TV provider Dish Network to resolve antitrust concerns, ending extensive talks on a merger the Justice Department is expected to approve this week.

The Justice Department’s lack of response to Charter could raise concerns among critics of the $26.5 billion merger of wireless carriers T-Mobile and Sprint that officials did not weigh all divestiture offers before deciding on a deal with Dish.

Details of the proposal were not immediately known, but sources said this week Charter had requested that there be an auction process for the divested assets.

The Justice Department declined to comment. Charter was not immediately available for comment.

Ten state attorneys general, led by New York and California and including the District of Columbia, filed a lawsuit on June 11 to stop the merger, saying it would cost their subscribers more than $4.5 billion annually. Four more states have since joined the lawsuit.

Dish emerged as the leader to acquire the prepaid phone brand Boost Mobile, which T-Mobile and Sprint are selling in order to gain regulatory approval for their merger.

Charter began offering its own mobile service called Spectrum Mobile last year, which runs on Verizon Communications’ network. It served 310,000 mobile lines as of the first quarter.

Dish, which has been stockpiling billions of dollars worth of wireless spectrum, faces a March 2020 deadline to build a product using the spectrum in order to fulfill the requirements of its licenses. It has focused on building an Internet of Things network, with the goal of eventually having a 5G wireless network.

The Federal Communications Commission has indicated it is prepared to approve the Sprint and T-Mobile merger.

Reporting by Angela Moon and Sheila Dang in New York; additional reporting by David Shepardson and Diane Bartz in Washington; editing by Chris Sanders and Leslie Adler