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DOJ Acknowledges Push for Expanded Spectrum Reserve

The Department of Justice Antitrust Division acknowledged T-Mobile’s and other competitive carriers’ push for an expanded spectrum reserve in the TV incentive auction, but stopped short of endorsing that effort, in a letter Wednesday to the FCC. T-Mobile this week…

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launched a campaign to get the FCC to rethink its expected decision not to provide a larger amount of spectrum for competitive carriers (see 1506230055). “A number of stakeholders have called for the Commission to increase the amount of spectrum reserved from 30 to at least 40 MHz,” DOJ said. “The Department recognizes that the Commission must balance competing policy priorities in setting the appropriate reserve levels. In balancing these priorities, the Department urges the Commission to give considerable weight in determining the amount of spectrum included in the reserve to protecting and promoting competition, and the well-established competition principle that those with market power may be willing to pay the most to reinforce a leading position.” T-Mobile said the FCC should pay attention to DOJ. “Low-band spectrum is the holy grail for AT&T and Verizon," the carrier said. "If others get it, and the big two have to compete on price, their customers alone would save over $20 billion per year. That's why everyone with a wireless phone has a stake in the outcome of this proceeding, and the FCC should heed the calls of DOJ, many in Congress and a slew of consumer groups and move to strengthen the reserve.” “The Commission appreciates DOJ’s support both for our need to balance multiple priorities and for our existing reserve framework," an FCC spokesman said. "We agree that holding a timely auction is in the public interest and are working in earnest toward the stated goal of opening the Incentive Auction in the first quarter of next year.”