Public Knowledge, Media Access Group urge FCC to deny AT&T's bid to drop merger application

Public Knowledge and Media Access Project urged the Federal Communications Commission to deny AT&T's request to withdraw its application to buy T-Mobile, accusing the company of engaging in "litigation gamesmanship."

The groups argue that allowing AT&T to withdraw its application would harm the public interest. The brief accuses AT&T and T-Mobile of trying to drop their application so they can "seek a favorable decision in federal court, which the companies can then use to pressure the Commission to approve the merge." The FCC has no obligation to honor AT&T's strategic move, the filing argues. The brief also argues the FCC should release the proposed order that would have sent the issue to an administrative hearing, regardless of whether AT&T withdraws its application. "The Commission, as the expert agency in this proceeding, has spent seven months collecting evidence and carefully evaluating whether the proposed transaction will further the public interest," the groups write. "Applicants have made no secret of their desire to short-circuit a true review on the basis of facts via a procedural loophole. But the public deserves for the Commission’s determinations to see the light of day."