In what is undoubtedly the best Labor Day present the Department of Justice ever gave America, DOJ has filed to block the AT&T/T-Mobile Merger in court. One should not, however, expect AT&T to give up easily. AT&T can, and almost certainly will, decide to fight rather than simply abandon the deal. If nothing else, it has $6 billion in break up fees to pay if the merger does not go through. On the plus side, the odds definitely favor the DoJ, which is why so many companies simply abandon the merger once DoJ has filed.
Meanwhile, the FCC, an independent agency, still needs to make its decision on what it will do. Unlike DoJ, where the head of the Anti-Trust division makes the call (subject to the usual political checks, of course), the FCC must have a vote on an Order, which must get a majority of the Commission (3 votes). Since Congress repealed the FCC’s ability to immunize phone mergers from antitrust back in 1996, the FCC cannot approve if DoJ wins in court. OTOH, the FCC is under no time pressure, and can wait to see how the court case turns out. At the same time, however, the court may decide to stay consideration until the FCC decides, since the merger cannot proceed without FCC approval.
All of this has huge implications for AT&T and its current bluster that it will fight DoJ for the right to eat T-Mo. Normally, AT&T could hope to get this wrapped up in a few months, and continue to try to use its political muscle to force a settlement. But the interaction between DoJ’s challenge and the FCC lawsuit make it incredibly difficult for AT&T to get this done before Deutsche Telekom decides it wants it $6 billion cash ‘n spectrum break up fee. As I explain below, AT&T must simultaneously persuade the FCC not to act while convincing the court to move at super speed, despite the fact that the usual way things work is for courts to wait for agencies to finish review (because the agency may remove the need for the court to act).
You know, after the robots do rise up and kill us all, then what? I mean, treading on our bleached skulls will get old after a while… I like to think they’ll eventually turn to each other and try to strike up conversations. What I didn’t imagine is that they’d sound like some third rate Beckett existentialist knockoff…
I suppose I am, at heart, really a telecom lawyer after all. My reaction to the news that the Bay Area Rapid Transit (BART) police shut down cellphone networks in a number of stations had nothing to do with democracy, the First Amendment, Tahrir Square, etc. With all deference to the importance of these concerns, my reaction was WHAT DO YOU MEAN THESE IDIOTS MESSED WITH THE PHONE SYSTEM! From my perspective, and the perspective of traditional telecom law, BART could just as well have turned off the local central office and all this chatter about whether or not BART is a public forum is just a distraction.
Obviously, however, no one at BART thinks of cell phones as the phone system. In BART’s open letter explaining what they did and why it was cool, BART focuses on the First Amendment /public forum issue and completely skips the fact that they shut off a phone system. Mind you, I suppose I can’t blame them – much. A number of folks are asking if there is a right to cell phone service as if there were a novel question rather than something settled by decades of telecom law.
Also missed by most: this goes well beyond BART. If BART gets away with including “we can shut down cell phone service” in its tool box you can guarantee that other local law enforcement agencies will start copying this – and all for the best of reasons. Because what could possibly go wrong when you pull the plug on a critical piece of infrastructure whenever some local police chief or city council person or whoever decides they need to do something about these “flash mobs” or “rioters” or whatever? BART emphasizes the narrowness of the impact. But Montgomery County, MD, where I live, is worried about an outbreak of flash mobs of teenagers that materialize to raid local stores. Suppose they decide to start turning off the phone grid in neighborhoods they believe are “at risk?” Sure, lets just knock out phone service for a neighborhood for a few hours. What could be the harm – and it’s all in a good cause, right?
There is a reason we do not mess with the phone system, and why that doesn’t change when the phone system is wireless. Legal reasoning below . . . .
I write & publish fiction for hackers and geeks. I’ve written a novel and two novellas and I have another novel in the works. The baseline genre is cyberpunk/biopunk thriller, although I approach the subject matter in a kind of David Foster Wallace/Pynchonian way. So I’m actually kind of a postmodern metafictiony cyberpunky technothriller novelist. All my books concern hacking of both silicon-based and carbon-based systems.
As I discussed in Adventures in Self-Publishing, there’s no reasonable way for me to get my books into bookstores (all the tech bookstores that used to carry me have gone under). Therefor I use other ways to get my books in front of readers. Sometimes I go to places where hackers and geeks and congregate & there set up a table whereupon I put out copies of my books & glowing reviews from geekoid websites & start carnival barking like Billy Mays, selling my books for cash.
I’ve done this for more than ten years. (Here’s an account (from which the two preceding paragraphs were lifted), of my adventure selling books at the giant hacker convention Defcon.)
Next month I’ll be at the StrangeLoop convention in St. Louis, pimping my warez and also taking in as many sessions as I can. This prospect has me psyched. I don’t know if I’ll sell enough books to cover my expenses, but if you were to ask me “who’s the ideal audience for your books?” I would say something like “people who care about literature, are fans of Douglas Hofstadter, and are comfortable with high-geek computer & science stuff”. I expect that everybody at Strangeloop will meet at least a few of those criteria; some may meet them all. Read More »
Last week, in my post A Brief History of Who I’m Not, I explained the history of my spectrum of noms de plume from fluorescence to brown. But, of course, the name is not the thing. It’s just a noise.
I’m the thing. That is, I have a persistent delusion of being a specific entity and that’s close enough for our purposes today. Whether I literally am my identity or instead my identity is a byproduct of me is not a student loan I’m willing to take out. Read More »
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