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Editors’ note: This story was originally published on June 13. It has been updated with new information.
Almost three months to the day since AT&T first announced its $39 billion bid for T-Mobile, federal scrutiny of the deal is well under way. AT&T has filed its paperwork with the Federal Communications Commission, the public is weighing in on the FCC’s Web site, and opponents and supporters are lining up.
Though the U.S. Senate has held hearings as well, only the Department of Justice and the FCC have the official power to approve or deny the merger. AT&T does not have to seek formal approval at the state level, but state governments can make the transaction more complicated if they bring antitrust lawsuits. And as CNET’s Maggie Reardon has reported, states have extensive oversight over communications through the regulation of rates, cell tower placement, and consumer complaints.
That’s why it doesn’t hurt for AT&T to lobby for the merger not only in Washington, D.C., but also in state capitals across the country (the carrier has even gotten into a tussle with Sprint over a possible state review in West Virgina). And at the time of this writing, AT&T has been successful. Though three states are taking a closer look, 17 27 state governors have voiced their approval.
Below the governor level, the attorneys general of Arkansas, Utah, Alabama, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, West Virginia, and Wyoming sent a joint letter of support to the FCC on July 27. And on September 16, the attorneys general of California, Illinois, Massachusetts, New York, Ohio, Pennsylvania, and Washington sent a letter opposing the merger. Months earlier, New York Attorney General Eric Schneiderman announced that his office would “undertake a thorough review of AT&T’s acquisition of T-Mobile” and analyze the merger for “potential anticompetitive effects on consumers and businesses.”
We’ll add to this list as events unfold, but here’s how the states are lining up so far.
Governors in favor
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| Action taken? | Who sent it? | Date | |
|---|---|---|---|
| Alabama | Letter to FCC (All letters are in PDF format) | Gov. Robert Bentley (R) | June 14 |
| Arizona | Letter to FCC | Gov. Jan Brewer (R) | June 20 |
| Arkansas | Letter to FCC | Gov. Mike Beebe (D) | May 23 |
| Colorado | Letter to FCC | Gov. John Hickenlooper (D) | May 27 |
| Connecticut | Letter to FCC | Gov. Dannel P. Malloy (D) | June 10 |
| Delaware | Letter to FCC | Gov. Jack Markell (D) | June 8 |
| Florida | Letter to FCC | Gov. Rick Scott (R) | June 22 |
| Georgia | Letter to FCC | Gov. Nathan Deal (R) | May 17 |
| Idaho | Letter to FCC | Gov. C.L. Otter (R) | May 17 |
| Iowa | Letter to FCC | Gov. Terry Branstad (R) | May 26 |
| Kentucky | Letter to FCC | Gov. Steve Beshear (D) | May 26 |
| Louisiana | Letter to FCC | Gov. Bobby Jindal (R) | May 19 |
| Maine | Letter to FCC | Gov. Paul LePage (R) | May 19 |
| Maryland | Letter to FCC | Gov. Martin O’Malley (D) | June 20 |
| Michigan | Letter to FCC | Gov. Rick Snyder (R) | May 19 |
| Missouri | Letter to FCC | Gov. Jay Nixon (D) | August 12 |
| Nevada | Letter to FCC | Gov. Brian Sandoval (R) | May 27 |
| North Carolina | Letter to FCC | Gov. Beverly Perdue (D) | May 31 |
| North Dakota | Letter to FCC | Gov. Jack Dalrymple (R) | July 1 |
| Ohio | Letter to FCC | Gov. John Kasich (R) | June 9 |
| Oklahoma | Letter to FCC | Gov. Mary Fallin (R) | May 16 |
| South Carolina | Letter to FCC | Gov. Nikki Haley (R) | May 21 |
| South Dakota | Letter to FCC | Gov. Dennis Daugaard (R) | June 20 |
| Tennessee | Letter to FCC | Gov. Bill Haslam (R) | May 27 |
| Texas | Letter to FCC | Gov. Rick Perry (R) | May 25 |
| Vermont | Letter to FCC | Gov. Peter Shumlin (D) | June 20 |
| West Virginia | Letter to FCC | Gov. Earl Ray Tomblin (D) | June 21 |
State agencies
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| Action taken | Next steps | |
|---|---|---|
| Arizona | The Arizona Corporation Commission said it would consider the merger. | Without conducting a hearing, the commission voted for approval on July 5. |
| California | By a 3-2 vote on June 9, the California Public Utilities Commission decided to investigate the deal and its effects on the state’s consumers and economy. | The commission will ask for more information from AT&T directly, and it will hold a series of public hearings around the state. It then plans to issue its findings by October, which is when the FCC has promised to vote on the matter. |
| Louisiana | The state’s Public Service Commission said in May that it would seek public comment on the merger, though it would not be conducting its own investigation. | On July 27 the commission voted to approve the merger. |
| New York | In a letter to the FCC filed on June 16, the New York State Public Service Commission urged the federal agency to closely evaluate on a market-by-market basis how the deal could affect wireless concentration. | The public service commission says it will continue to scrutinize the merger and report additional findings to the FCC. |
