FCC Opens Docket for Proposed Acquisition of T-Mobile by AT&T

On March 21, 2011, AT&T and Deutsche Telekom announced an agreement under which AT&T will acquire T-Mobile USA from Deutsche Telekom in a cash-and-stock transaction currently valued at approximately $39 billion. Applications seeking Federal Communications Commission consent to the transfer of control of T-Mobile USA and its wholly-owned and controlled subsidiaries (“Applications”) are expected. The purpose of this public notice is to announce the opening of a docket, WT Docket No. 11-65, and articulate the ex parte status of discussions related to the proposed transaction.

Until the Applications are filed, discussions with FCC staff regarding this proposed transaction will continue to be exempt from any ex parte limitations or requirements. When applications are filed, this proceeding will be governed by permit-but disclose ex parte procedures that are applicable to non-restricted proceedings. Parties making oral ex parte presentations after the Applications are filed are directed to the FCC’s statement reemphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed. More than a one- or two-sentence description of the views and arguments presented is generally required. At the time any Applications are filed with the FCC, the Commission will release a public notice to announce that fact. That public notice will also provide procedures for requesting ex parte meetings with staff regarding the proposed transaction.