WASHINGTON—Despite receiving two no votes from the FCC’s Democratic commissioners Jessica Rosenworcel and Geoffrey Starks on Wednesday, Oct. 16, the proposed T-Mobile/Sprint merger was officially approved thanks to the commission’s three Republican commissioners previously approving the merger.

The merger between the two companies has a price tag of $26 billion and also includes a negotiated deal to sell assets to Dish Network, including Boost Mobile, as part of a mandated divestiture.

FCC Chairman Ajit Pai, when he first signaled his approval for the merger in August, said the deal would assist with the deployment of a 5G wireless network, improve mobile broadband services and increase the 5G infrastructure across the U.S.

However, Starks disagrees. “I believe that T-Mobile and Sprint have not proven that their merger will benefit the public interest,” he said, citing that regulating or inciting penalties against the company for any violations will prove difficult and even some penalties can be tax-deductible “voluntary contributions.”

Starks isn’t the only one to make their disapproval of the merger known. Common Cause has announced that it has filed a petition to deny the merger with the FCC.

“The majority-FCC’s vote to approve the disastrous T-Mobile/Sprint merger is a vote to raise prices, reduce innovation and price out millions of low-income and marginalized communities from wireless service,” said Michael Copps, former FCC commissioner and Common Cause special advisor. “Rather than actually conduct a thorough public interest review of the merger, the majority at the FCC signaled it would approve the deal months ago pointing to promises and commitments made by T-Mobile and Sprint. But these promises and behavioral commitments are unenforceable and riddled with loopholes that do nothing to address significant harms consumers would face from the merger.

“Fortunately, more than 14 state attorney generals have filed a lawsuit to block this merger. We support their legal effort and continue to mobilize opposition against this merger, which poses a significant danger to our democracy.”

Sen. Amy Klobuchar (D-Minn.), who is running for president, also raised her concerns over the merger and supports state attorney generals to challenge the merger.

The Justice Department has already said that it would not sue to block the deal, citing the conditions that were added to address antitrust concerns.

WASHINGTON—FCC Chairman Ajit Pai has made his official position on the proposed merger between T-Mobile and Sprint known to his colleagues, saying in a draft Order that he would approve the merger, subject to certain conditions.

Following a comprehensive review of the proposed merger and public interest claims of T-Mobile, Sprint and third parties, the draft Order was created and is now being circulated for the FCC’s consideration.

According to the draft Order, a merger between T-Mobile and Sprint will help to accelerate the deployment of a 5G wireless network, improve the quality of mobile broadband services for consumers and increase 5G infrastructure deployment in the U.S. The improved network quality and coverage will not only benefit consumers, but the report says it will also foster innovation in different sectors and services. It is also expected to help close the digital divide for rural areas, with one of the conditions subjected in the order being that there be 5G coverage of at 99% of Americans within six years.

The draft Order also attempts to review concerns that were raised in the record regarding competitive effectiveness of the transaction, including the potential for competitive harm. The Order stipulates that as long as there is a divestiture of Boost Mobile, as well as other conditions, price-sensitive customers in densely-populated areas will not be harmed.

The Order also addresses Dish’s planned acquisition of Boost Mobile, saying that the acquisition, in connection with its planned 5G deployment, would be in the best interest of the public. Associated extensions, commitments and modifications has been delegated to the Wireless Telecommunications Bureau for processing and implementation with procedures set forth in the Communications Act and the draft Order.

“After one of the most exhaustive merger reviews in Commission history, the evidence conclusively demonstrates that this transaction will bring fast 5G wireless service to many more Americans and help close the digital divide in rural areas,” said Pai. “Moreover, with the conditions included in this draft Order, the merger will promote robust competition in mobile broadband, put critical mid-band spectrum to use and bring new competition to the fixed broadband market.”