Here is a collection of news clips about the AT&T T-Mobile merger deal as news broke over Thanksgiving that AT&T had withdrawn its application with the Federal Communications Commission to proceed with the merger.

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The Wall Street Journal offers two reports today about the surprise news that AT&T was pulling its merger application from the FCC.  The newspaper wonders how the deal collapse will impact Deutsche Telekom, the German parent of T-Mobile USA, which has shown every indication it wants out of the U.S. market to focus on its telecommunications interests in Europe.  (7 minutes)

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AT&T Inc., whose $39 billion bid for T-Mobile USA is challenged by the U.S. Justice Department, will record one-time costs of $4 billion this quarter to reflect the risks of a collapse of the deal. AT&T and T-Mobile owner Deutsche Telekom AG withdrew their applications to the U.S. Federal Communications Commission yesterday after FCC Chairman Julius Genachowski on Nov. 22 asked fellow commissioners to send the proposed purchase to a hearing, signaling an attempt to block the deal. Lizzie O’Leary reports on Bloomberg Television’s “InsideTrack.”  (2 minutes)

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Jennifer Fritzsche, an analyst at Wells Fargo Securities LLC, talks about AT&T Inc.’s decision to withdraw its Federal Communications Commission application to acquire T-Mobile USA Inc. from Deutsche Telekom AG. She’s still slightly optimistic the deal can still succeed, especially if the 2012 elections result in a Republican administration.  She speaks with Betty Liu on Bloomberg Television’s “In the Loop.”  (2 minutes)

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Paul Gallant, an analyst with Guggenheim Securities LLC, was surprised to see the FCC chairman suddenly take a more aggressive stance against the merger.  Most on Wall Street expected Chairman Genachowski to follow the Justice Dept. lead.  That changed last week when the chairman signaled the FCC would also take a tough look at the deal.  Also, will the news of the withdrawn application benefit Sprint?  Bloomberg News reports.  (3 minutes)

AT&T executives with dreams of a consolidated wireless marketplace are not having a happy Thanksgiving holiday today as the company quietly released news it is withdrawing its application with the Federal Communications Commission to buy T-Mobile USA from German parent Deutsche Telekom.

“The deal is over the cliff and falling rapidly into the sea,” one unnamed analyst told Bloomberg News this morning.  “The only thing left to do is cut T-Mobile a check for $6 billion in cash and spectrum.”

AT&T’s accountants are evidently preparing to do just that, booking at least $4 billion in “one time costs” this quarter, representing a significant chunk of the breakup fee.  Even as AT&T’s bookkeepers bow to the likely unconsummated marriage with T-Mobile, AT&T’s spin for the media is that the deal is still a go; the company only withdrew the FCC application to fully focus on the Justice Department case against the merger.

Odds-makers on Wall Street don’t buy it.

“What that tells you is AT&T’s auditors have now concluded that the deal is likely to fail and have forced the company to take that charge,” Will Draper, an analyst at Espirito Santo told Bloomberg.

Andrew Schwartzman, policy director of Media Access Project, called the move an “act of desperation.”

T-Mobile executives insist the deal is still on, however. AT&T and Deutsche Telekom plan to renew their attempt to gain FCC approval “as soon as practical,” T-Mobile executives claim. “This doesn’t mean that anything is over,” said Andreas Fuchs, a spokesman for the German company.

One bonus for AT&T: the decision to withdraw the application from the FCC will let AT&T maintain confidentiality of documents filed with the Commission in support of the merger.  An unnamed FCC official has been leaking portions of them to the media all week.  Among the most important revelations: AT&T’s public claims that the merger will create jobs ran headlong into their own internal documents, which guarantee the exact opposite, according to the official.

If AT&T’s merger with T-Mobile is approved, it would create an industry behemoth with 134 million customers, dwarfing current market leader Verizon Wireless.

Draper says the $4-6 billion award to T-Mobile for a merger failure still won’t be enough for the company to upgrade its network.

“They’re still going to have a very, very big problem in the U.S., which is going to cost them maybe $10 billion to fix,” he said.

Shark-infested waters for AT&T and T-Mobile USA

Months after the U.S. Department of Justice announced its formal opposition to the merger of AT&T and T-Mobile, the Federal Communications Commission yesterday announced it would hold its own unusual “administrative hearing” to review the deal regardless of the outcome of a Justice Department lawsuit.

It has been more than nine years since the FCC last held such a hearing, which derailed the proposed merger of satellite TV providers DISH Network and DirecTV.  It is the clearest indication yet that regulators are deeply uncomfortable with the deal.

FCC Chairman Julius Genachowski waited for the Justice Department to announce its opposition to the deal before making his own concerns known.  The decision to pursue the special hearing, which won’t begin until 2012 and is likely to take several months, follows the lead of antitrust regulators at the DOJ.

It represents a nightmare scenario for AT&T, which has spent millions lobbying and promoting a merger with Deutsche Telekom’s T-Mobile USA.

An unnamed FCC official told The Wall Street Journal AT&T’s campaign has been playing fast and loose with the facts, particularly relating to claims the merger will create up to 100,000 new jobs. The official, who has seen confidential document filings from AT&T, says the phone company’s secret papers reveal the exact opposite — “massive job losses” if the deal gets approved.

Most companies confronting an FCC administrative hearing think long and hard about the prospects of the deal. Unlike an antitrust legal case, which must prove that a merger will substantially undercut competition, the FCC need only prove a deal is contrary to the “public interest” to reject it, a much lower hurdle.

When DirecTV and DISH failed to win a nod from the FCC for their merger, it fell apart.

Solomon

AT&T was testy after hearing the news.

“It is yet another example of a government agency acting to prevent billions in new investment and the creation of many thousands of new jobs,” AT&T senior vice president of corporate communications Larry Solomon told the Journal. He added, “We are reviewing all options.”

A growing number of Wall Street analysts believe those options are dwindling by the day, and an all-out war by AT&T against regulators could come at a cost when the giant phone company brings other business before them. Genachowski is still willing to go to bat for AT&T, circulating a draft approval among fellow commissioners that would grant the company’s separate proposal to purchase $1.9 billion in additional wireless spectrum from Qualcomm, Inc.

Observers predict AT&T might offer to divest a larger portion of T-Mobile than it was originally comfortable considering.  That may ultimately prove less expensive than the alternative — paying Deutsche Telekom a breakup fee worth $6 billion dollars should the merger fail to succeed.

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The head of the Federal Communications Commission will seek an administrative hearing on AT&T’s proposed $39 billion deal to acquire T-Mobile USA, according to a person close to the matter. Thomas Catan has details on The Wall Street Journal’s ‘News Hub.’  (2 minutes)

AT&T pays a lot of money — millions annually — to make sure its business agenda does not run into political or legislative roadblocks in Washington, D.C.  With dozens of members of Congress effectively on AT&T’s campaign contribution payroll and the company’s unparalleled skill at convincing non-profit organizations to advocate for its interests, worrying about the government’s antitrust views on its proposed buyout of Deutsche Telekom’s T-Mobile was the least of its troubles.

“It’s a done deal,” several analysts predicted shortly after the deal was announced, especially after AT&T demonstrated its confidence level in the merger was as high as the enormous $6 billion dollar breakup concession payable to Telekom if it ever fell apart.

Then the government dared to put its two cents in, in the form of a “are you kidding me?”-lawsuit courtesy of the U.S. Department of Justice.  It seems, in the words of some Beltway cynics, the Obama Administration can manage to see a clear cut case of anti-competitive behavior when given enough time.

Since the lawsuit was announced on Aug. 31, it has been “all-hands-on-deck” for the company’s government relations division, packed full of the company’s top lobbyists.  While company lawyers desperately attempt to block what it sees as “pile on” objections and lawsuits from worried competitors, Sprint-Nextel in particular, AT&T lobbyists are trying to compromise away the Justice Department case with proposals of concessions and giveaways to make approval more palatable.

Further north, as fall turns into winter in New York’s financial district, Wall Street analysts are cold on the troubled deal themselves.

The Financial Times reports most analysts think there is now less than a 50-50 chance the merger will be completed unless the two companies agree to disgorge themselves of market share, territories, and increasing “shareholder value” that will come from eventual rate increases a wireless duopoly would inevitably bring.

Some are even less sanguine, predicting AT&T has only a 20 percent shot, and only if it sells off considerable chunks of valuable spectrum to competitors other than Verizon Wireless.

AT&T is retuning its “message” for the times, downplaying the original, ludicrous notion that urban-focused T-Mobile would be the keystone of a new era in 4G wireless service for rural America.  There is a reason T-Mobile isn’t the first choice for small town America’s cell phone buyers.

Instead, AT&T is now positioning the merger deal as a lifeboat for its troubled competitor.  AT&T suggests the number four carrier is in immediate peril — hemorrhaging customers, caught without a coherent 4G strategy, and an exodus of interest by its increasingly neglectful parent — Deutsche Telekom.

Could Time Warner Cable be an eventual part-owner of T-Mobile USA?

“Over the past two years, T-Mobile USA has been losing customers despite explosive demand for mobile broadband,” AT&T said in a statement this week. “T-Mobile USA has no clear path to 4G LTE, the industry’s next generation network, and its German parent, Deutsche Telekom, has said it would not continue to make significant investments in the United States.”

With AT&T predicting the demise of its smaller would-be cousin, consumers may not be in the mood to sign a two-year contract with a company that could soon be rechristened AT&T, especially those leaving AT&T for T-Mobile.

But don’t tell T-Mobile’s marketing department it’s a phone company on life support.  T-Mobile has beefed up its advertising and continues to irritate its larger competitors, particularly AT&T, with very aggressive pricing on its prepaid plans.

T-Mobile recently unveiled two disruptive $30 4G prepaid plans that offer either 1500 shared minutes/text messages and 30MB of data usage -or- 100 voice minutes combined with unlimited texting and up to 5GB of mobile data before the speed throttle kicks in.  Those prices are too low for AT&T and Verizon to ignore, especially when offered on a 4G network.

So far, the Justice Department shows no signs of backing down from their resolute opposition to the deal, minor concessions or not.  Shareholders may not appreciate giving the government too much of what it wants in order to win approval.  Washington lawmakers are split — virtually every Republican favors the merger, Democrats are less absolute, with most opposed.  Among those in favor, by how much is often a measure of what kind of campaign money AT&T has thrown their way.

AT&T absolutely denies they have a “Plan B” in case the merger eventually fails.  But the Times doubts that, reporting as time drags on, an alternative deal might emerge.  Some of the possibilities:

• T-Mobile USA could merge its spectrum with Dish Network, the satellite TV company, to launch a new 4G mobile operator in the USA;
• Combine forces (and spectrum) in a deal with leading U.S. cable companies like Cox, Comcast, and Time Warner Cable to launch a new cable-branded mobile operator;
• Sell or merge operations with MetroPCS, Leap Wireless’ Cricket, or one of several regional cell companies.

Perennial cable booster Craig Moffett from Sanford Bernstein predictably favors the cable solution, which would let companies offer a quad or quint-play of cable TV, wireless mobile broadband, wired broadband, phone, and cell phone service all on one bill.  It would also get the FCC off the backs of cable operators Time Warner and Comcast, who both control a total of 20MHz of favored wireless spectrum they have left unused since acquiring it at auction.  The Commission is increasingly irritated at companies who own unused spectrum at a time when the agency is trying to find additional frequencies for wireless providers.

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Bloomberg News questions AT&T’s claim its merger deal with T-Mobile will create 96,000 new jobs. [Nov. 8] (3 minutes)

Communications Workers of America president Larry Cohen got himself off script and tangled in the percentages over the weekend when he told German magazine Focus the merger deal between AT&T and T-Mobile that the CWA has been cheerleading since it was first announced had little chance of coming to pass.

Cohen told Focus the chance of the deal getting beyond the current court challenge from the U.S. Department of Justice was around 20 percent. That seemed to signal the union was getting in line with those prepared to throw the current merger deal under the nearest bus.

Soon after that quote came home on the Bloomberg News wires (and reached AT&T), it didn’t take long for a revised quote (that a union spokesperson would later claim to be a “clarification”) to appear in a subsequent story:

There is about a 60 percent chance of a settlement between the companies and the Justice Department, Cohen said in a telephone interview today. Should the case go to court, it would be 50-50 on which way the decision would go, he said.

But the fuzzy math truly got exposed when the Wall Street Journal got this explanation for the discrepancy:

A spokeswoman for CWA said it was mostly a case of fuzzy math. Mr. Cohen’s point, she said, was that there was a 60% chance that the Justice Department’s lawsuit against the deal would be settled out of court.

But in the 40% chance that it didn’t, then there was a 50-50 chance that the company would prevail, which he may or may not have stated as 20 percent.

In reality, he meant to say that it was more likely than not that the case would be settled and the merger would succeed, the spokeswoman said.

“Perhaps it wasn’t the best of use of math,” she said. “Things got lost in the percentages.”

So, did AT&T push for the comments to be clarified? “I had some exchanges with my counterpart at AT&T, yes,” she said. “I sent her our clarification… which is good.”