Federal Communications Commission FCC 08-258
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
CONCURRING IN PART, DISSENTING IN PART
Re: Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC For 
Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager and De Facto 
Transfer Leasing Arrangements and Petition for Declaratory Ruling that the Transaction is 
Consistent with Section 310(b)(4) of the Communications Act, File Nos. 0003463892, et al., WT 
Docket No. 08-95. 
The Commission must carefully assess whether transactions before us will benefit the public 
interest.  This merger required close scrutiny because of its scope involving two of the largest cell phone 
service providers in the country.  The combined Verizon-Alltel will provide overwhelming coverage to 
the U.S. population and will serve over 80 million subscribers.  I remain deeply concerned about 
consolidation in the wireless marketplace and the loss of a key roaming partner as a result of this merger.  
As such, I ultimately concur and dissent in part to this transaction because while there are demonstrable 
public interest benefits, the Order before us does not include a comprehensive of conditions to address the 
very real competitive harms that have been raised by this merger.  
 
The Applicants argue that a grant of this transaction will result in expanded services and features 
for wireless consumers, particularly in rural areas.  The Applicants also submit that the merger would 
enable the combined entity to increase broadband deployment and next generation services and provide a 
higher quality of service.  Applicants similarly point out the resulting increased efficiencies and 
economies of scale and scope as a result of combined resources.  These are valid arguments, and I 
certainly support the improved service to Rural America that could result from this transaction.  Still, I do 
not believe we have done enough here to remedy the competitive concerns that are likely in the 
marketplace for these services.
I am very concerned that the merger of these two entities will reduce competition in the wireless 
marketplace.  I can not fully support this merger in the absence of reasonable conditions.  Competition is 
essential to keeping consumer costs down and driving innovation.  I am particularly concerned that a 
decrease in competition in this instance may have a dramatic effect on the roaming market, and hence on 
consumers of competing, and smaller, wireless service operators.  With the loss of the largest regional 
CDMA carrier resulting from this transaction, and with only two available CDMA carriers nationwide, 
there is a real concern that smaller carriers may be unable to negotiate reasonable and nondiscriminatory 
roaming terms with national carriers.  Not only does this threaten consistency in service across the 
country, with fewer carriers in each market, but roaming rates can easily rise and the costs may ultimately 
be passed on to consumers.  This will undercut the remaining competitive carriers, potentially resulting in 
reduced competition in the local and national retail market.  I would have preferred that the majority 
adopt transaction specific, pro-competitive conditions to address these very legitimate and specific 
competitive harms.
The interests of rural consumers and small carriers, to whom roaming is essential, will be 
protected in part by ensuring that reasonable and nondiscriminatory obligations consistent with sections 
201, 202, and 208 of the Communications Act are applicable.  I thank my colleagues for ensuring that this 
was made clear in this item.  And while I appreciate that this item incorporates the commitment to extend 
the duration of Alltel and Verizon agreements for up to four years, this commitment alone is inadequate.  
I would have preferred more rigorous safeguards regarding roaming obligations beyond those set forth in 
the item and consistent with the consensus proposal put on the record by affected carriers.       
For these reasons, I dissent in part and concur in part in my decision today.