California utility regulators rule T-Mobile misled them during testimony over Roam merger

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Briefly: On Friday, the California utility regulators ruled that T-Mobile misled then during testimony regarding the Roam merger. The questionable claims were regarding T-Mobile’s plans to dismantle Roam’s legacy CDMA network. The ruling will permit T-Mobile to present off its statements sooner than issuing any penalties against the company.

Update (08/17/21): Rapidly after newsletter, T-Mobile reached out to us to observation on the Payment’s ruling. A spokesperson acknowledged that the company categorically disagrees with the Administrative Law Mediate (ALJ) in this case, issuing the following assertion:

“We entirely disagree with the ALJ circulate, which we think is meritless and without basis in fact. We live up for presenting evidence and environment the legend straight via the upcoming course of. For months, T-Mobile has been working aggressively to win clear no customer is left at the support of as we transition to technology that can better abet them into the long trail. We live committed to that unbiased.”

T-Mobile CEO Mike Sievert additionally equipped a lengthy dialogue on the topic on the company’s weblog.

The normal story follows below:

T-Mobile acknowledged it might maybe aid the code division a couple of access (CDMA) network while it migrated Enhance Mobile customers to Dish Network’s LTE or 5G companies and products. The corporate claimed the migration would no longer have an effect on its 5G kind-out. It used to be all supposed to occur over the course of three years. Nonetheless, T-Mobile then determined it might maybe decommission the network on June 20, 2022, and Dish Network appealed to the Public Utilities Payment of California (CPUC) over the planned premature shutdown.

The Payment reviewed the case and sided with Dish pronouncing that T-Mobile misled regulators via “counterfeit, deceptive, or unnoticed statements.” It pointed today to CTO Neville Ray’s testimony, who did no longer insist that the PCS spectrum that the CDMA runs on would possibly maybe maybe be main to kind out the company’s 5G network. Dish then took it to the CPUC.

“Several instances in his testimony Mr. Ray listed the sorts of spectrum that can maybe be main for 5G service, but PCS spectrum – and namely the PCS spectrum bought via the merger with Roam – used to be no longer on these lists. Moreover, in accordance with questions regarding the doable of the DISH Divestiture to have an effect on the 5G kind-out, T-Mobile by no plot indicated that the utilize of PCS spectrum for CDMA service would possibly maybe maybe affect T-Mobile’s 5G kind-out. Nor did T-Mobile ever present off that PCS spectrum used to be used to invent CDMA service to Enhance customers.”

For regulators to approve the Roam merger, T-Mobile needed to agree to divest Enhance Mobile by promoting it to Dish. Dish Network used to be supposed to have three years running on the CDMA network while it labored on its infrastructure. Regulators observed this as a perfect procedure to occupy the void left by Roam as one in every of the four predominant carriers.

T-Mobile looks to favor to either renege on that deal or lied by omission when first and foremost wondered by regulators. The corporate now has a probability to present off why it suggested the Payment one part then did yet every other. A digital hearing is slated for September 20. T-Mobile faces sanctions and fines of up to $100,000 for every and every offense.