Haven't AT&T already agreed to acquire all of the outstanding stock of FiberTower? Or am I missing the point of all this speculation that the shareholders could be cut out?
On January 25, 2017, AT&T Mobility, FiberTower, and all of its stockholders entered into a stock purchase agreement pursuant to which AT&T Mobility agreed to acquire all of the outstanding stock of FiberTower Corporation, after which FiberTower Corporation will become a wholly-owned subsidiary of AT&T Mobility. This will result in a transfer of control of FiberTower Spectrum Holdings LLC’s licenses from FiberTower Corporation to AT&T Mobility. Under the terms of the stock purchase agreement, AT&T is thus acquiring all of the rights to FiberTower’s licenses and authorizations, including the licenses that are the subject of the pending remand from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”). The review and approval of this transaction therefore presents an ideal opportunity to simultaneously address both the transaction itself and the Fiber Tower renewal applications on remand. As explained in more detail below, granting FiberTower’s renewal applications on remand as part and parcel of granting the transaction would resolve the litigation, bring certainty to the mmW bands (and this transaction) and speed the deployment of 5G services to consumers.
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