Fibertower Corp fka FBBT

[Sandpaints]

Balancing news Pilgrims. Antitrust laws are still on the hot plate.

For example, here's a 99 page outline of the upcoming 5G auction that as you read it you will see numerous references to antitrust rules and possible enforcement penalties that can and will be applied for any observed violations should they happen.

https://www.fcc.gov/document/fcc-establishes-procedures-first-5g-spectrum-auctions-0

Also, the FCC in this document commits to informing the DOJ of any violations of antitrust laws that come to light during the auctions.

No wonder some here continue to want to rush people to do something - so there will be opportunity to organize a legal team to request a 'dismissal' of any lawsuit. Better for us NOT
to be rushed nor allow ourselves to be prodded into haste.

Of course the BK court case was closed and mute, but for myself I have not continued to be interested in re-opening the BK case for the reason that once they close a BK it stays closed, as Richard Fahy himself stated in his FCC documents concerning 'harms'.

That leaves the cause of action open to be based on a history that amounts to unfair business practices that violate antitrust laws. When the FCC granted the transfer of licenses that consummated the final AT&T step in violating the antitrust aspects, IMO.

The FCC said as much in the final order transfer of the spectrum that FCC Commission does not decide such 'harms', but that is the jurisdiction of the DOJ and the Federal Trade Commission. That it took a long time for AT&T to break the goal open, does not cover up that back in 2011-12 it was already known by AT&T the time it would take to bring on 5G spectrum and to lay the careful plans to take down Fibertower by manipulation.

Even though the operation was slick, it might not be found flawless. AT&T can continue on this contention, thinking they won't be challenged into the auctions, or they could assure themselves an end to objections by making a reasonable, not expensive, settlement with common shareholders to cure any 'harms' without damages - prior to the auctions.

AT&T should recall that they were not allowed to merge with T-Mobile in 2011 by the Federal Trade Commission. AT&T should recall that they have since lost cases involving 'unfair business practices' brought by the Federal Trade Commission and sustained by the higher courts. AT&T should recall that their dealings and payments to Paul Manafort were uncovered and regretted by AT&T's CEO in public.

True, there's breaking news that AT&T is still fighting the DOJ on the Time Warner Case in the most recent reports: https://www.multichannel.com/news/at-t-dojs-fragile-case-against-time-warner-merger-doesnt-hold-up


This is also the same company that once said they were going to conduct their dealings with Fibertower on a 'respectful' basis. Maybe they want to reconsider where we are at today?

There is no rush to 'get off the couch', as some here whine, which would serve the opposition, but it is better to prepare a full record of what has taken place and then bring the matter up perhaps in early November for a legal 'stay' action. Not sure just yet when the 39 GHz re-banding and auction is coming up or will it be delayed.

The first 5G auction starts November 14, and involves 28 and 24 GHz licenses - most of which AT&T had to give up and most of which are in the range that T-Mobile is best prepared to use in line with T-Mobile laboratory tests completed. Although AT&T has also tested in their Air-Gig experiments.

Vuletini - we are interested to know if your lawyer 'deposed' or contacted Fahy and Levy under oath. And at this point in time, if Fahy and Levy got nothing, then what did Fahy or Levy have to say about that?

Vuletini - regarding the $207 million figure - did the lawyers show you any SEC filings or other primary evidence documents concerning the deal's actual price (not press releases)?

Vuletini - What settlements or employment agreements were drawn up with the Fibertower management for those managers who are still working now in the newly created subsidiary? How are they compensated now and during the acquisition merger?