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T-Mobile's merger with Sprint has had some difficulties so far, but the news from the FCC suggests that things are a bit more complicated than they were at the beginning. The FCC is taking a break from its informal 180-day merger program, with T-Mobile submitting substantially revised information to the Commission.
Until we see what T-Mobile has submitted, we will not know if it marks a minor revision or a wholesale change to T-Mobile's plans that could result in a particularly thorough review. But what is clear is that the FCC review process will take even longer, highlighting the merger approval process until the end of the year and until 2019.
The complete letter that the FCC sent to the companies is available here, and the corresponding sections are below:
Today, we are suspending the Commission's informal clock on 180-day transactions in this procedure. Additional time is required to allow staff and a third party to carry out an in-depth review of the newly submitted and anticipated templates on which the applicants have based their views.
Each of the three separate developments requires more time. First, on September 5, 2018, the applicants submitted a substantially revised network engineering model. Although the requesters have already provided a network engineering model for backing up certain network claims, you explained that since then, "the model has been extended" and the new model "complements" previous work. In addition, the plaintiffs claimed that it was now the "technical model on which they rely for this transaction".
The newly provided network engineering model is much larger and more complex than the engineering submissions already present. It seems to incorporate a new logic, methodologies, facts and assumptions on a central topic for the network benefits claimed by the Application, namely the transaction. As a result, the Commission and third parties will need additional time to review it.
In a meeting on August 29, 2018, T-Mobile executives Mike Sievert and Peter Ewens described T-Mobile's reliance on a business model called "Build 9", which apparently provides the financial base. of the new network project. The Commission did not receive version 9 and third parties did not have access until 5 September. Version 9 therefore requires further examination.
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