Competitive Service Providers and Consumers Urge FCC to Stop Clock and Combine Review of Telecom Mega-Mergers
May 25 2005 - 2:24PM
PR Newswire (US)
Competitive Service Providers and Consumers Urge FCC to Stop Clock
and Combine Review of Telecom Mega-Mergers SBC and Verizon Are
'Gaming' Review Process With Incomplete Filings and Omissions
WASHINGTON, May 25 /PRNewswire/ -- A group of leading competitive
telecommunications companies and IT solutions providers who are
members of the Alliance for Competition in Telecommunications
(ACTel) today joined with national consumer groups urging the
Federal Communications Commission to "stop the clock" and combine
the SBC-AT&T and Verizon-MCI merger reviews. In a letter to FCC
Chairman Kevin J. Martin, the ACTel members charged SBC and Verizon
with "railroading" the FCC's review process and denying both the
Commission and the public access to vital information necessary for
full review and debate of the mergers. Companies calling on the FCC
to "stop the clock" and consolidate its merger review included
Cbeyond Communications, Eschelon Telecom, SAVVIS, TDS Metrocom, and
XO Communications. Consumers Union and Consumer Federation of
America have also expressed support for this action and intend to
file letters later this week with the FCC. Opponents of the current
merger review schedule urged the FCC to take two steps: * Stop the
Clock and Build a More Comprehensive Record of Merger Data. The FCC
should recognize that the filings and responses of SBC and Verizon
as submitted were materially incomplete. Parties to the merger
review, including the FCC, must be able to ascertain that all data,
which in the case of SBC/AT&T was submitted approximately six
weeks after their initial application, is verifiably responsive to
the FCC's data request and supports the applicants' claims of
meeting the public interest standard. * Consolidate Review of
Parallel Mergers. The FCC should take into account the interrelated
nature of both the SBC-AT&T and Verizon-MCI proposed mergers. A
combined review of the two mergers is essential, to eliminate
redundancies and assess their combined impact on businesses and
consumers. "The FCC's informal 180-day merger cycle already is
simply inadequate for reviewing two interrelated transactions of
this magnitude, particularly when the merging companies have not
supplied all information with their initial applications that are
necessary for a thorough review," said Heather Gold, XO
Communications' senior vice president, government relations. "The
current clock puts artificial constraints on the review process,
complicates the ability of the Commission and third parties to do
their job, and sends misleading signals to other federal and state
agencies now engaged in their own merger reviews. Stopping the
clock in order to ascertain that both the applications are complete
will allow for a more meaningful and complete review." The
opponents stressed that separate review of each proposed merger
overlooks the full impact of combining the nation's two largest
incumbent local telephone providers and two largest long distance
companies -- an unprecedented concentration of market power that
will ultimately affect four out of every five U.S. customers.
Efforts to assess the full impact of the mergers are hampered by
numerous problems encountered when trying to access data from SBC
and AT&T for analysis: * Multiple Locations. Filings are being
held in three separate law firms in Washington. * Limited Access.
Entry for review purposes is restricted to 2 - 5 hours. *
Noncompliance with FCC's Information Request. The documents are
organized according to the name of their custodian, rather than by
reference to the points or Exhibits in the Applications that the
document is supposed to support, as required by the FCC. * Missing
Documents. One law firm, Crowell & Moring, houses more than 165
boxes of SBC documents prepared in response to the FCC's April 18
"Initial Information and Document Request." Vital related documents
provided by AT&T are not held at Crowell & Moring at all. *
Photocopying Prohibited. The filings constitute hundreds of hard
copy pages. Analysts may not photocopy any documents for review
off-site, and are restricted to taking notes by hand or on their
computers. To view the ACTel "Stop the Clock" letter to FCC
Chairman Martin, please go to
http://www.allianceforcompetition.com/ About ACTel The Alliance for
Competition in Telecommunications (ACTel) represents leading
providers of competitive communications services and IT solution
providers that have joined together to challenge the mergers of
SBC-AT&T and Verizon-MCI, which if consummated as proposed will
create significant harms to the public interest -- reducing choice,
elevating costs to customers, and slowing innovation. Information
on ACTel is available at http://www.allianceforcompetition.com/
DATASOURCE: Alliance for Competition in Telecommunications CONTACT:
Jim Crawford of Crawford Public Relations, T: +1-703-753-4480, M:
+1-703-568-7101, or , for ACTel Web site:
http://www.allianceforcompetition.com/
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