Wheeler Doesn’t Want More Restrictions

FCC Chairman Tom Wheeler wants the agency to reject T-Mobile’s request that more airwaves be set aside for smaller wireless companies to bid on during the 2016 incentive auction, Reuters reported. “While some parties have petitioned the commission to increase the size of the reserve, the draft order on reconsideration I am circulating today would maintain the reserve size at the current level,” Wheeler said in a blog post. “The draft order concludes that the current reserve size of 30 megahertz balances the desire to make low-band spectrum available to parties with limited holdings while facilitating competitive bidding for all auction participants.” Continue reading here. 

AMT to Benefit from AT&T in Mexico

Yesterday, AT&T announced that it would invest about $3 billion in Mexico by year end 2018. Jonathan Schildkraut of Evercore ISI noted the firm had been expected an aggressive investment cycle from AT&T following its Iusacell and Nextel Mexico acquisitions. “We estimate that American Tower has roughly 1/3 of the towers in Mexico and any incremental network buildout presents a material opportunity,” Schildkraut wrote.”This investment by AT&T underscores our positive outlook for the region. In our June 1 Evercore ISI TelecomNewsletter “Mexican Plan to Boost Wireless Competition Could be Boon for Towers,” we highlighted the Mexican government’s plan for a wholesale network and the possible upside from a likely AT&T investment cycle. With AT&T committing to spending $3 billion, we believe American Tower will benefit. Continue reading here. 

Wrongful Death Lawsuit Considered in Tower Death

On March 28, 28-year-old Stephanie Gurney of San Angelo, Texas, fell off an SBA Communications tower. While the woman was not a tower climber herself, it’s been reported that her boyfriend worked for a local tower company. San Angelo LIVE! reported, “According to the report from Concho County Deputy Sheriff Abel Quezada, Gurney, her 30-year-old boyfriend Stephen Butler, and his boss, 40-year-old Joseph Grimes, were out at a tower roughly 10 miles west of Eden on March 28 climbing to evaluate Gurney’s ability.” Grimes told the deputy he was watching the woman to see if she would be suitable for employment with his company, Jostan Communications, and went through safety measures on the ground before they got on the tower. “After his own climb up, Grimes made it safely back to the ground first and was on the phone when he heard a horrific scream from Butler. He then heard Gurney hit the ground after a fall from high above. They immediately dialed 911,” San Angelo LIVE! explained. While Gurney was wearing a harness, it seems that it was not hooked properly. Gurney’s mother has now hired an attorney to look into the possible negligence causing the wrongful death of her daughter. No lawsuit has been filed, but Big Spring attorney Robert Miller has been hired to represent plaintiff Lisa Weatherby and has been collecting documents to build his case to determine whether Grimes was authorized to use the tower in the first place. Continue reading here. 

Follow the Rules

The FCC released a Public Notice on June 17 to remind antenna structure owners of the registration obligations after recent reviews of ASR applications illustrated several defects in the process. Some problems that occurred were: (1) An antenna structure owner fails to both obtain a No Hazard Determination from the Federal Aviation Administration (FAA) and register the antenna structure prior to construction; (2) Registrant fails to notify the Commission within five days of completion of construction or dismantlement. (3) The lighting and painting used for the tower differs from the lighting and painting listed in the ASR system and/or specified in the structure’s No Hazard Determination issued by the FAA; (4) The actual height or location of a registered antenna structure is materially different from the registered height or location of the structure. Continue reading here. 

“No” to T-Mo?

In February after the AWS-3 spectrum auction had closed, President and CEO John Legere at T-Mobile took to the company’s blog urging people to “speak up for America’s wireless future.” This blog, which took shots at the Dish Network, AT&T, and Verizon, ultimately urged the FCC to make changes to the auction rules. With the 2016 incentive auction coming up, T-Mobile’s request has been a hot topic. In the blog, Legere said the FCC needed to reject AT&T and Verizon’s request to delay the auction, “Verizon just admitted publicly that they have vast amounts of spectrum already, and don’t need to buy a lot more. So if they are restocking their coffers, they are doing it for one reason, and one reason only: to keep competitors out! Don’t let them strangle competition and buy out the future of American wireless. The sooner this auction happens, the better,” he wrote. The one major rule that Legere urged the FCC to change, was to promote competition by reserving 40 MHz or at least half of the available spectrum in the next auction for sale to the competition. And finally, he asked the FCC to change the rules so this valuable spectrum to be used for its intended purpose and not collected and traded. Continue reading here. 

Connecticut Sticks it to TowerCos

The Connecticut Siting Council decided earlier this week that residents who do not want cell towers near their homes, but want a public forum held, won’t have to pay for the meeting. The company seeking to construct the tower must pay for the meeting. WTNH-TV reported that Senator Tony Hwang, a co-sponsor of the bill, is pleased with the new law and how it is a step forward for residents to be involved. “It is absolutely essential that residents who live near a proposed cell tower are engaged in the process early and in a meaningful way that is open, inclusive and respectful,” Senator Hwang said. “I am thankful this law provides a funding mechanism that helps achieve that for our neighborhoods without placing a financial burden on our already tight municipal budgets.” (Easton Courier) The Council has sole jurisdiction on all cell tower matters, and of the last 146 applications, 113 were approved, 12 were denied, and 21 were withdrawn. “I believe we all recognize the need for cell phone companies to increase their capacity to meet growing demand, but we must work together to create an equitable balance between their needs as businesses, and our rights and responsibilities as citizens to ensure the health and safety of people and our environment,” Senator Hwang said. “Once again, I’m confident that this new law puts us further down that path.” (Easton Courier) Continue reading here.

Mixed Feelings Over Comcast/T-Mobile

Manager Magazin, a German news outlet, reported that Deutsche Telekom is in talks with Comcast about a possible sale of T-Mobile US, according to Reuters.(We’ll have to take their word for it because the whole article was in German.)Reuters notes that Comcast would be a better candidate as it’s financially stronger than Dish Network, and would be able to make an offer to buy all share in T-Mobile US. However, Kannan Venkateshwar of Barclays noted that they’re skeptical of a Comcast/T-Mobile deal. Venkateshwar thinks that because of the regulatory opposition over Time Warner Cable, any large deal with Comcast will be scrutinized heavily. Venkateshwar wrote, “It is only a matter of time before Comcast offers wireless data and voice. However, the company does not need to buy TMUS to achieve this, in our view. Comcast already has an MVNO agreement with VZ and Sprint and has one of the largest WiFi networks in the world. The wireless data and voice plans offered by cable providers are likely to be WiFi-first networks, in our view, which will have lower capital intensity.” Reuters mentioned that Deutsche Telekom is in talks with several parties about an acquisition, including Dish Network, but thinks Comcast is a more attractive buyer despite Venkateshwar concerns above. Continue reading here.