We've all seen Obama's "Pen and a Phone" campaign to circumvent congress and rule America by executive decree. So far, the only thing that has effectively stopped him, is the courts, which still remain reasonably balanced and objective, despite 6.5 years of Obama's hard-left appointments to them.
But with 1.5 years left in Obama's term, and the potential for 8 years of Leftist rule by Hillary (it's hard to un-seat an incumbent), the courts certainly wouldn't remain "objective" for long.
Hillary has already used unprecedented "politically charged" rhetoric when discussing her upcoming Supreme Court Appointments, when discussing how she will "vet" her nominees... veiled terminology for screening them for leftist ideology.
I submit that electing Hillary is an election that favors the elimination of checks and balances in our system of government. We've ALREADY seen how effective Obama has been in making congress irrelevant...
... imagine what Hillary could do with a court stacked with hard-left, activist judges!
Dish and FCC on opposite sides. Dish followed 20 years of precedents at auction. Now FCC says it was not their intent for a company to do as Dish did. Word of law vs intent. Gov't can't have it both ways and survive.
FCC rule, then when Dish takes advantage of it FCC says this was not the intent. You can't logically run a gov't both ways: ::Word of Law and Intent. The last 2 decisions of the SCOTUS were decided by intent. Slick Willie was not impeached because of 'word of law'. Definition of sex. Shame, shame and a shame.
Thank Obama---whose administration thinks they can rule everything by executive fiat. DISH will win in court but it will take time.
Dish owns over 50 billion dollars worth of spectrum. Dish must do something with it. The most logical thing is to merge or acquire an existing company. Or, they can lease it out-may not be the best deal.
Again gov't-FCC is defining the rules they have written by 'intent', not the word of the law. I understand that Dish ultimately would acquire much spectrum at a 3 billion dollar discount under an FCC rule, but the FCC is now saying that was not the intent of the rule. I do not believe the gov't should define a law by intent, it should be 'word of the law'. AJMHO
As with the making of any deal, there is always rumbling. TMUS is going to be taken over by someone.
DISH takes advantage of them, FCC screams that is not what we intended. Again gov't wants to rule not on the word of the law but the intent. You can not run a gov't using two interpretations for the same event: either rule "word of the law" or "intent of the law", but not both./.....
yep, Dish could do all that much much faster partnering up with Sprint........60,000 sites already up with Sprint's massive amounts of 2.5 spectrum.....great for OTT services too......partnering with Masa Son is Ergen's diamond in the rough....
The DOJ sent a letter to the FCC asking it to consider rules for the upcoming 600MHz auction that would not hamper smaller participants. It warned (again) that Verizon and AT&T who hold about 75% of wireless industry marketshare stand to lock up greater control if allowed to dominate bidding for 600MHz spectrum.
This stands to work in DISH's favor: The most economical and most customer pleasing way to build out a new mobile network is to start deploying in wideband (at least 20MHz by today's competitive expectations) of spectrum under 1GHz. Charlie might hope to get 20-40Mhz of spectrum if VZ and T are excluded from a larger portion. Currently the FCC plans to set aside about 30MHz for smaller players.
What could DISH do with 600MHz? It could build a nationwide footprint network across 80% of the country for about 1/3 the cost of doing so in mid-band spectrum. If successful gaining subscribers and to supplement capacity in cities, DISH could bulk up capacity using mid-band AWS spectrum... or use it to deliver video services using newly available LTE multicast technology.
The spectrum value is hyped up imo: If TMUS and DISH merge the FCC will do what is called a 'screening' of the spectrum to see if it exceeds FCC limits for a single operator. They may find that D-TMo exceeds the limits in the mid-band and would be required to spin out 10-20MHz. On the other hand, the FCC appears to disregard their own rules in regards to use of the 600-700MHz bands. If the deal happens, D-TMo will have too little sub 1GHz spectrum and plenty (excess) mid-band. All operators will be able to pursue use of the 3.5 and 5GHz bands. The 3.5GHz "innovation band" is to be exploited for use of smallcells including C-RAN network architectures. This will provide 150MHz that when combined with the 5GHz UNII band will open up ~250MHz of additional spectrum over the next ~five years. Higher power levels will help to compensate for the shorter signal propagation characteristics of the higher frequencies... ostensibly turning it into 'super WiFi' range extension bands. The primary purposing of the bands above about 2.3GHz is as broadband overlay and fronthaul to lower frequency coverage bands.
The value of DISH and the deal is what can be built on top of the spectrum, networks, and enterprise momentums when combined. The prize is expansion of average revenue per subscriber/user by rolling up more subs under a larger blanket of services using a single, more competitive cost structure, service delivery capability. This becomes the new competitive target that must be reached so that DISH doesn't become obsolete and T-Mo doesn't become a limited, price-based competitor resigned to long term losses as the profits migrate, as they had in the past, to Verizon and AT&T.
DISH did not announce they were seeking financing of the deal except to Wall Street. That is necessary because DISH wants there to be 'bidding' to fund the acquisition among investment banking firms.
DISH has gone up on speculation of the value of its/Ergen's horde of spectrum and how they would use it, sell it, or merge with a mobile operator. Stock often move up more in the heat of the speculative fever and then quiet down once details of what might shape up becomes visible.
A deal is shaping up in which DISH is likely to acquire T-Mobile for about $15 billion in cash and a 15% stake that Deutsche Telekom would retain (my guess) in the newly formed DISH Mobile company. Charlie Ergen will become COB and chief strategist and Legere will become CEO of the combined company. Current T-Mobile shareholders will be paid in shares of the new company at a 15% premium (my guess) or can cash out.
A deal that looks something like this, or any deal likely, would place a lower value on the unused spectrum than some have assumed. However, the deal would plunge DISH out of the spectrum accumulation phase and into the new converged network-services operations model. The goal, of course, is to grow both marketshare and ARPU, average revenue per user. DISH Mobile would probably start by cross-selling satellite and mobile services than push into a combined service that would make use of common devices that operate across the current and newly deployed spectrum bands. That would be capable of delivering quadruple-play TV/movie content, broadband, home-mobile voice, text, and extended services such as cloud enabled sling/hopper home entertainment and pic/video sharing.
The value proposition' would be the combined services offered over the large coverage area of T-Mobile at a better value than competitors. Better value often equates to lower pricing but price can be offset if the package delivers more capabilities, is easier to use, or has other value proposition.
DISH Mobile might try to retain the T-Mobile name for mobile services, at least for a while. That is because TM has sales momentum as the Un-Carrier.
A deal between DISH and T-Mobile makes sense because Deutsche Telekom is willing to sell and the consolidated company would be better positioned for the future. However, it may not result in a higher DISH stock price in the near term. DISH is valued partly based on the promise of using its spectrum. That has not happened and looks impractical as a stand alone company. T-Mobile needs to gain size and scope of operations but has seen improvements in marketshare and profitability in the past two years. That means acquisition of TM won't be cheap which threatens to cut into prospects for a rise in the stock.
Chances are 60:40 the deal will happen before the end of this year.