AT&T Threatens to Sue FCC If Agency Ignores T-Mobile Pullout

AT&T said it plans to sue the Federal Communications Commission if the agency doesn’t let the company withdraw its application to buy T-Mobile for $39 billion.

The FCC is obligated by its own rules to honor AT&T’s move to rescind its application to acquire T-Mobile, Wayne Watts, general counsel for AT&T, said November 25 in a blog entry. “We have every right to withdraw our merger from the FCC, and the FCC has no right to stop us,” Watts said in the entry on the company’s public policy blog. “Any suggestion the agency might do otherwise would be an abuse of procedure which we would immediately challenge in court.” AT&T’s move is “a request” that the FCC “will consider,” agency spokeswoman Tammy Sun said November 24. The FCC should publish the order that would send the merger to a hearing, said Harold Feld, legal director Public Knowledge. “It is sure to contain conclusions that AT&T would like to keep quiet,” Feld said. (Nov 26)