AT&T Seeks Mid-Band Spectrum Screen

screen for mid-band spectrum,” the company petitioned Wednesday. “Mid-band licenses are the most important input in any wireless provider’s portfolio of 5G spectrum assets -- and, not coincidentally, are also the most likely to become the subject of anticompetitive foreclosure strategies.” Current rules “do little to prevent” the potential for anti-competitive behavior involving mid-band since “they apply only the highly diluted overall spectrum screen to acquisitions of additional mid-band spectrum, inaccurately treating that spectrum as though it were fungible with other spectrum, while applying more granular scrutiny to acquisitions of spectrum below 1 GHz even though that spectrum actually is fungible with other bands,” AT&T said. Nothing “stops” carriers “from overpaying for yet more mid-band spectrum” because the existing screen “cannot prevent providers with outsized mid-band assets from engaging in a foreclosure strategy designed to keep rivals from obtaining the mid-band assets they need.” So “act through provider-specific review of post-auction long-form license applications, not through ex ante, provider-agnostic caps on spectrum acquired in any given auction." A new screen “is not a cap on how much spectrum any entity can hold,” blogged Executive Vice President-Federal Regulatory Relations Joan Marsh. “It is a filter that the FCC can use to identify spectrum acquisitions that trigger more detailed consideration of the potential for competitive harms.” The petition criticizes the FCC for “not requiring any spectrum divestitures” by T-Mobile in buying Sprint, which “trivialized its overall spectrum screen.” AT&T and T-Mobile trailed Verizon in bidding that ended in February for C-band spectrum (see 2102180041). The FCC, T-Mobile and Verizon didn’t comment.