Federal Communications Commission FCC 07-196
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
APPROVING IN PART, DISSENTING IN PART
Re:  Applications of AT&T Inc. and Dobson Communications Corporation for Consent to Transfer 
Control of Licenses and Authorizations, WT Docket No. 07-153.
I generally approve this merger because I believe it will expand and improve services and
features that will be available to rural customers.  The combined entity will be able to offer the latest 
wireless technologies and services to traditionally underserved customers in rural America - benefits 
already available to many urban consumers.  I am pleased that Dobson’s rural customers will be able to 
take advantage of Wi-Fi and GPS-enabled handsets, new innovative service features, rate plans and an 
expanded geographic coverage.
Of course, a merger like this requires a thorough public interest review to ensure that we do not 
inadvertently disadvantage the very communities we are trying to protect.  An unchecked merger could 
harm the competitive environment in some communities in ways that the market is unlikely to overcome. 
So while I appreciate the Commission staff’s analysis of the markets affected by the merger and fully 
support our decision to require divestiture in the markets identified in our Memorandum Opinion and
Order, I am concerned that some markets have fallen through the cracks.
In addition, I am very troubled that this item includes, as part of its evaluation of the input market 
for spectrum and the potential competitive harms, the 80 MHz of the 698-806 MHz spectrum band (“700 
MHz”) in the total amount of spectrum suitable for mobile telephony nationwide. The majority concludes 
that the timing of nationwide availability of the 700 MHz spectrum falls within the two-year time frame 
set out in the Merger Guidelines for when a significant market impact from entry must result.1 Hence, the 
Order determines that this additional spectrum should be considered a component of the input market for 
spectrum for evaluating this transaction.  This determination results in a 25 percent increase in the 
spectrum aggregation screen to 95 percent – a notable change which raises concerns regarding increased 
likelihood of competitive harm in certain overlapping markets.  Significantly, we do not know what the 
complete impact of the 700 MHz auction will be, how that spectrum will be distributed and whether any 
single party, including the acquiring party in this proceeding, might get a disproportionate share of the 
spectrum.  For these reasons, I am unable to fully support this aspect of the item.
With regard to AT&T’s voluntary commitment to an interim cap on its high-cost, competitive 
eligible telecommunications carrier support, I must also reiterate that my support for this transfer of 
control does not prejudge my consideration of the broad policy issues regarding whether an interim cap 
on universal service support is the appropriate vehicle to address the growth of the high cost fund.  And 
while the interim cap included in this Order is voluntary, it is an issue that I continue to believe should be 
resolved in the relevant proceeding.
For these reasons, I approve and dissent in part in my decision today.
  
1 Horizontal Merger Guidelines, U.S. Department of Justice and Federal Trade Commission, § 3.2 “Timeliness of 
Entry.”