AT&T ’s decision to withdraw its app to receive T - Mobile USA ’s Mobile River spectrum license at the U.S. Federal Communications Commission raises a question about whether the company ’s offer learning is still dynamic , the U.S. Department of Justice has said .
The DOJ Tuesday noted that AT&T has withdrawn its permit carry-over software at the FCC , with the caller sayinga climb-down represents an spirit to “ abandon the transaction totally ” or to submit a new , substantially changed coating .
AT&T decided to withdraw the software after the FCC announce that faculty there had foundthe $ 39 billion merger contrary to the public interest . The FCC had intended to refer the license covering to a hearing before an administrative constabulary judge .
But Levie , who was appoint limited master in the case at the request of both AT&T and the DOJ , say he believe the DOJ example can move ahead without a license conveyance app pending at the FCC .
“ The FCC - related activities have not … falsify the position of this litigation , ” he compose . “ Although FCC approval is necessary for the propose unification , so , too , is a favorable ruling from the federal Margaret Court in this sheath . As there is no requisite of which the Special Master is cognisant that one approval must come before the other , the federal court case persist on caterpillar tread . ”
A trial in the antimonopoly case is schedule to begin on Feb. 13 .
An AT&T spokesman declined to comment on the DOJ ’s enquiry about the status of the merger . A scheduling conference in the antitrust case is scheduled for Friday in U.S. District Court for the District of Columbia .
Levie ’s Wednesday order denied a motion by mobile broadband firm LightSquared to subjugate an AT&T asking to depose LightSquared officers . A DOJ spokeswoman reject to comment on the nature of the deposition .
