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Regulators are skeptical that eliminating the uncarrier, rolling it into Sprint would be "good for consumers"

Japan's Softbank Corp. (TYO:9984) is used to winning, and doesn’t take no for an answer very often.  Last year it climbed from third place up to second in Japan's mobile subscriber rankings and it also entered the U.S. market, taking a majority stake (78 percent) in Sprint Corp. (S) with a cash-heavy $21.6B USD offer.
 
I. The Death of an (Un)Carrier?
 
But the new Sprint is looking a lot like the old Sprint over Softbank's first couple quarters in charge, bleeding money and customers.  In the face of this growing headache, Softbank isn't backing down. It's instead opting for an unusual and some would say troubling solution to Sprint's problems.
 
It's in serious pursuit of America's fastest growing carrier, Deutsche Telekom AG's (ETR:DIE) T-Mobile USA.  Deutsche Telekom has been eager to dump T-Mobile for some time.  Despite its recent success -- the payoff of 2013's merger with MetroPCS -- T-Mobile USA's German owner reportedly remains fairly interested in a sale.
 
One crucial question is whether such a deal would possibly fly.  Just a couple years ago, the U.S. Federal Communications Commissions (FCC) and U.S. Department of Justice (DoJ) won a hard-fought war against AT&T, Inc. (T), who had sought to gobble up T-Mobile.
 
This week, Softbank's Chairman and CEO Masayoshi Son was in Washington, D.C., trying to convince federal regulators at the FCC that a Sprint-T-Mobile union would be good news for consumers.  Mr. Masayoshi brought Sprint's embattled CEO Dan Hesse in tow.

Sprint and Softbank
Softbank CEO Masayoshi Son (left) and Sprint CEO Dan Hesse [Image Source: Kyoto Newscom]


According to Reuters, the crux of the Japanese executive's argument is that Sprint and T-Mobile are too small to compete separately.  T-Mobile has 45 million customers, while Sprint is currently at around 54 million subscribers.  Both are still a long ways away from AT&T's 76.2 million subscribers and Verizon Inc. (VZ) subsidiary Verizon Wireless's 96.2 million customers.
 
But there are a couple weaknesses in the argument.  First, Sprint is midway between AT&T and T-Mobile in subscribers, raising the question of why it should be allowed to buy T-Mobile if the AT&T purchase is verboten.

T-Mobile wide
Sprint

Softbank wants to put an end to the "uncarrier" and roll T-Mobile into its Sprint brand, according to reports. [Image Source: Flickr (top); Getty Images (bottom)]

Second, it would be an odd couple to say the least.  Compared to deals like the Softbank-Sprint tie-up -- which leveraged international business synergies -- or T-Mobile USA and MetroPCS -- which combined largely non-overlapping businesses -- Sprint and T-Mobile USA are direct competitors.  And the idea that handcuffing the market's brightest rising star (T-Mobile) to the biggest loser in the U.S. mobile market currently (Sprint) is also rubbing many the wrong way.
 
II. FCC Stands Opposed
 
For new FCC Chairman Thomas ("Tom") Wheeler -- an official who hails from a background as a former wireless industry lobbyist -- the talks mark a key test. 
 
Despite his background, Mr. Wheeler has called himself an "unabashed" supporter of competition, and hinted that he will follow in his predecessor Julius Genachowski's footsteps, looking to wield his authority to block further concentration in the mobile market.  The potential bid to consolidate America's third and fourth largest carriers is perhaps the new Commissioner's biggest chance yet to leave his own regulatory mark on the industry.

Tom Wheeler
FCC Chairman Tom Wheeler is reportedly "highly skeptical" of a Sprint-T-Mobile merger.
[Image Source: Reuters]

Reuters reports that an unnamed FCC official, who was not at the meeting, but was familiar with Mr. Wheeler's discussion with Mr. Masayoshi and Mr. Hesse, said that the FCC Chairman was "highly skeptical" of the deal. Reuters also cites an anonymous high-level source close to Softbank as saying:

I'm not unduly surprised by the FCC chairman's skepticism. I feel it's a rather typical reaction.

If Sprint's majority owner did score a majority bid in T-Mobile USA, a key question would be what its strategy would be.  While it might make sense to merge the brands under the faster-growing, more positively perceived T-Mobile USA banner, sources indicate that Softbank might instead look to tuck T-Mobile into Sprint, rebranding its stores and devices.
 

Sprint and Softbank are reportedly eager to bury the "uncarrier" campaign, which is costing them (T-Mobiel US CEO John Legere). [SOURCE: The New York Times]

Likewise, with T-Mobile forcing Sprint and AT&T to get more competitive with pricing, it is rumored that Softbank is keen on ditching T-Mobile's "uncarrier" strategy and aggressive rates, before it creates further woes for the Sprint brand.
 
T-Mobile might also have to sell off its MetroPCS unit if it were to be acquired.
 
All in all, any of these moves on their own could crippled T-Mobile USA, who is showing impressive growth, but remains a fragile recovery story. 
 
If Mr. Wheeler's stony silence was viewed as bad sign for Sprint and Softbank, then comments this week by William Joseph "Bill" Baer, the head of the DOJ's antitrust division, are an even harsher warning.  In a speech he praised T-Mobile's role in driving competition, not so subtly adding:

Merger litigation is costly and time consuming.  But the last few years demonstrate that we will not hesitate to challenge in court anticompetitive transactions where that is the right course.

It's increasing looking like even if Mr. Masayoshi does view T-Mobile as Sprint's ticket to fiscal rejuvenation, that Mr. Wheeler and Mr. Baer, along with the rest of the DOJ and FCC are unlikely to meekly bow to the plan.
 
As Lee Corso says, "Not so fast, friend!"

Source: Reuters



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By Jeffk464 on 2/4/2014 10:32:21 PM , Rating: 4
Tmobile has been the only carrier willing to do the no contract thing you are talking about and I think the other carriers were interested in buying them out just to kill them off. No thanks, I say we force the German company to keep control of Tmobile.


By Reclaimer77 on 2/5/2014 8:01:33 AM , Rating: 2
As a Conservative, this issue is tough. On one hand, I would really like to see T-Mobile grow and continue the path.

On the other hand, I'm not sure how I feel about our Government forcing a company who wants to be bought to not sell.

Personally I'm thinking it's time to just pay Verizons goddamn ETF and switch to T-Mobile sooner than I planned. Once signed up, I'm assuming they'll have to grandfather in our plans for some time even if they sell.


By Cheesew1z69 on 2/5/2014 8:31:58 AM , Rating: 2
quote:
Personally I'm thinking it's time to just pay Verizons goddamn ETF and switch to T-Mobile sooner than I planned.
If only I could :/


By Reclaimer77 on 2/5/2014 9:02:41 AM , Rating: 2
Well there are other ways buddy. I heard if you call them up and say you're leaving the country, they can terminate the contract.

I just have this thing about lying, so I can't do it lol.


By maximuslyricus on 2/5/2014 12:35:52 PM , Rating: 3
You can. T-mo will pay your fees.


By Reclaimer77 on 2/5/2014 12:39:46 PM , Rating: 2
AFAIK that's only for family plans.


By Camikazi on 2/5/2014 7:19:26 PM , Rating: 2
It's for individual accounts too.


By dgingerich on 2/5/2014 9:02:27 AM , Rating: 2
quote:
Personally I'm thinking it's time to just pay Verizons goddamn ETF and switch to T-Mobile sooner than I planned.


I just did that from AT&T to T-mobile a year ago. If Softbank buys them out, I'm out once again. I've dealt with Sprint, and I don't want to repeat that. I don't want to deal with AT&T or Verizon, either. I don't know what I'm going to do.

Sprint screwed me over by not covering a malfunctioning phone less than 2 months into the contract. I had to buy a total of three phones full price over the course of my last 2 year contract with them. Verizon has horrible coverage in the southern Denver area, to the point I couldn't actually use the phone anywhere near my home or my employer at the time. Then they screwed me over and charged me an ETF a month after my contract was supposed to have ended. (My contract got reset when I made a customer service call to complain about the coverage.) AT&T'd CEO offends me the most with the way he constantly insults and blames his own customers for his management incompetence. I don't want to do business with any of them.

Maybe I'll go with Cricket??


By dgingerich on 2/5/2014 9:12:31 AM , Rating: 2
Just found out Cricket's parent company was bought out by the worst of them: AT&T. Is there any decent carrier these days?


By Reclaimer77 on 2/5/2014 9:30:59 AM , Rating: 2
quote:
(My contract got reset when I made a customer service call to complain about the coverage.)


WHAT!!!???? I would have been livid. How could they do that!?

Well for my experience, Verizon's service has been outstanding coverage and fidelity wise. They just assrape me once a month lol.

But T-Mobile...man. No contract? Up to two free phone upgrades a year? I feel like I wanna switch right now, but of course, now I'm stuck waiting to see if the FCC blocks the sale or not.

quote:
Maybe I'll go with Cricket??


Nah, if T-Mobile goes under I think Straight-Talk would be the next best option. Now that they allow you use whatever (compatible) phone you want. Unlocked GSM I believe?


By Seriuqs on 2/5/2014 3:17:07 PM , Rating: 2
I just double checked the website after making my last post because I wanted to make sure I didnt give bad info. The TMo website says this under the Switch Carriers FAQ "Who is this offer designed for?":

"Individuals and families (up to five lines) who are currently under a postpaid contract at carriers including AT&T, Sprint or Verizon and want to switch to T-Mobile."

Source: http://www.t-mobile.com/offer/switch-carriers-no-e...


By maximuslyricus on 2/5/2014 12:34:54 PM , Rating: 2
You do know that T-mo will pay your ETFs up to $350, right?


By Reclaimer77 on 2/5/2014 1:34:20 PM , Rating: 2
No they wont. I walked in there a few weeks ago and they told me that was only for Family Plans, and ONLY if the person who's name it's under switches every line to T-Mobile.

Now if that's wrong, or if they changed the policy, let me know.


By Seriuqs on 2/5/2014 3:09:22 PM , Rating: 2
I just switched to T-Mobile about 3 weeks ago and haven't looked back. The service is great here in northern AL - way better than my previous Sprint service. They paid my ETF and its only me on this plan, so I can confirm they will pay ETFs for single person.

The advertising is a little confusing, but I went into the store and asked - they confirmed that anyone is eligible up to families of 5.

The whole process took less than an hour to port my number, erase and turn in the old phone, fill out the paperwork, and get my new Note 3 setup and ready to use. The customer service in the store was pretty good too, though they lose some points for trying to talk me into posting a public "Breakup letter" to my previous carrier via FB.

Hope this helps!


By Reclaimer77 on 2/5/2014 4:19:32 PM , Rating: 2
Thanks!

Unfortunately it's a moot point. I went back today on lunch and they made it clear my old Razr with a cracked screen wasn't "eligible".

No matter, my ETF from Verizon shouldn't be too bad as I'm about a year through my contract.


By Seriuqs on 2/5/2014 3:19:10 PM , Rating: 2
(Sorry for the double post I responded to the wrong thread on accident)

I just double checked the website after making my last post because I wanted to make sure I didnt give bad info. The TMo website says this under the Switch Carriers FAQ "Who is this offer designed for?":

"Individuals and families (up to five lines) who are currently under a postpaid contract at carriers including AT&T, Sprint or Verizon and want to switch to T-Mobile."

Source: http://www.t-mobile.com/offer/switch-carriers-no-e...


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