Can shareholders and unsecured creditors get a court to say the BK Plan was garbage and it needs to be re-addressed? Are the FCC and AT&T willing to roll that dice or cure it up with a drop in the bucket payment? My gut tells me the FCC tells ATT to have something in the acquisition plan that remedies Fibertower's misdeeds so that this goes off smoothly and the public doesn't get their 5G delayed. As you said some of the petitions clearly outlined this(Levy/Fahy).
In particular, we explain what the Commission does (after determining the transaction does not violate the Act, other statutes, or Commission rules) to assure the transaction is in the public interest. In our review, the Commission must identify any public interest harms. If there are harms, the Commission then will consider narrowly-tailored, transaction-specific conditions to remedy the harm. As the item explains, this is in line with past pronouncements by the Commission that we will use conditions “only to remedy harms that arise from the transaction (i.e., transaction-specific harms)” and that are “related to the Commission’s responsibilities under the Communications Act and related statutes,” and we “will not impose conditions to remedy pre-existing harms or harms that are unrelated to the transaction.”1 Then the Commission also will look at public interest benefits arising from the transaction.
