5/3 FCC Letter Urging Investigation of T-Mobile Shutdown of 3G Network

New America's Open Technology Institute signed onto a letter with other public interest organizations urging the Federal Communications Commission (Commission) to investigate the potentially harmful effects of T-Mobile's decision to shut down its 3G CDMA network on the wireless market as well as for millions of prepaid consumers. OTI signed onto the letter as a member of the Public Interest Spectrum Coalition, after opposing the merger of T-Mobile with Sprint vociferously throughout the proceeding. Available below is the introduction to the letter:

The undersigned organizations (Collectively, “Public Interest Spectrum Coalition” or “PISC”) write to express our concern with regard to the potential impact of the shutdown by TMobile of its 3G CDMA network relied upon by DISH to provide voice and text service for millions of prepaid wireless customers subscribed to Boost Mobile, and roaming to other, unaffiliated rural carriers. Rather than consider this exclusively as a question of enforcing merger conditions, as framed by the parties, we urge the Commission also to exercise its general authority under Section 201(b) and its general authority under Title II, Title III and other relevant provisions to protect Boost and rural carrier subscribers from disruption and potential loss of service. As explained below, this is a separate matter from determining the issue disputed between DISH and T-Mobile on the meaning of the merger conditions and resolution of their contractual dispute. Rather, we urge the Commission to require both licensees to work together to establish a reasonable transition schedule that allows T-Mobile efficiently to re-farm valuable spectrum for 5G services while simultaneously protecting subscribers and promoting competition.

The PISC observes that this current flashpoint is likely only the first dispute to come before the Commission as a consequence of the ongoing efforts by carriers to sunset their 2G and 3G networks. To be clear, the undersigned generally welcome the benefits that will accompany a well-executed “2G/3G Sunset.” Phasing out obsolete networks and repurposing the spectrum will provide significant public interest benefits to the public. At the same time, as with past transitions, the Commission has primary responsibility to ensure that the transition serves the public interest and to protect vulnerable stakeholders. The Commission would do well to consider how best to monitor the ongoing carrier efforts, and what stakeholder outreach may be necessary to facilitate a smooth transition to the benefit of all Americans.