The AT&T; Inc. logo is seen at the Mobile World Congress in Barcelona. Photographer: Denis Doyle/Bloomberg
AT&T Inc. (T) and Verizon Wireless must
let smaller competitors use their networks for mobile Internet
service under rules approved today by a divided Federal
Communications Commission.
The agency voted 3-2 with Democrats approving and
Republicans dissenting to require large wireless carriers to
strike commercial agreements with smaller carriers. Such
agreements are voluntary now.
The rule extends to data traffic the network-sharing
arrangements that already are mandatory for voice calls. The
measure was opposed by Verizon, the largest U.S. wireless
provider, and Dallas-based AT&T, which would vault to No. 1 if
it completes its proposed $39 billion purchase of Deutsche
Telekom AG (DTE)’s T-Mobile USA Inc.
“Roaming deals are simply not being widely offered” and
the requirement will spur investment and promote competition,
said Julius Genachowski, the agency’s chairman.
“The commission simply does not have the legal authority”
to adopt today’s rules, said Robert McDowell, a Republican
commissioner who voted against the measure.
Data-roaming agreements let wireless customers use their
devices to connect with Internet sites and e-mail outside their
home areas, just as voice roaming lets them connect calls as
they travel. Data services are growing in importance as
customers increasingly turn to Web-enabled smartphones and
tablet devices, such as Apple Inc. (AAPL)’s iPad.
Commercially Reasonable Terms
The FCC order approved today requires carriers to strike
agreements on commercially reasonable terms. Carriers unable to
reach agreements may appeal to the FCC.
AT&T and Basking Ridge, New Jersey-based Verizon Wireless
opposed the measure. Carriers have scores of roaming agreements
so there’s no need for regulation, and the agency lacks
authority over data services, the companies said in FCC filings.
The FCC’s action “is a defeat for both consumers and the
innovation fostered by true competition” and “a new level of
unwarranted government intervention in the wireless
marketplace,” Tom Tauke, Verizon executive vice president of
public affairs, policy and communications, said in an e-mail.
“A data-roaming mandate is unwarranted and will discourage
investment,” Robert Quinn, AT&T chief privacy officer and
senior vice president of federal regulatory, said in an e-mail
today. “Proponents of a roaming mandate were seeking government
intervention, not to obtain agreements -- which are plentiful --
but rather to regulate rates downward.”
‘Historically Significant’
The agency’s action “certainly will be viewed as
historically significant,” Steven Berry, president of the Rural
Cellular Association, said in an e-mail. The Washington-based
group represents almost 100 companies, according to its website,
and members include U.S. Cellular Corp. and Atlantic Tele-
Network Inc.
“Consumers will benefit from a more competitive
marketplace, and carriers will be encouraged to invest in
advanced networks,” Berry said.
The FCC’s data-roaming rule is negative for AT&T and
Verizon Wireless and positive for independent carriers,
including Sprint Nextel Corp. (S), seeking to expand their mobile
broadband offerings, Rebecca Arbogast and David Kaut,
Washington-based analysts for Stifel Nicolaus & Co., said in a
note today.
Companies potentially benefitting also include MetroPCS
Communications Inc. (PCS) and Leap Wireless International Inc. (LEAP), they
said.
The agency also voted 5-0 to lower rates that telephone
companies pay to attach lines to utility poles. The step is part
of a set of policies for extending the reach of broadband, or
high-speed Internet service.
Verizon dropped 9 cents to $37.76 at 4:01 p.m. in New York
Stock Exchange trading. AT&T gained 7 cents to $30.54 at 4 p.m.
To contact the reporter on this story:
Todd Shields in Washington at
tshields3@bloomberg.net
To contact the editor responsible for this story:
Allan Holmes at
aholmes25@bloomberg.net