Decision 18-05-053 May 31, 2018 OF Order Instituting Investigation on the the Commission’s Own Motion Into Planned Purchase and Acquisition by Investigation 11-06-009 AT&T Inc. of T-Mobile USA, Inc., and its (Filed June 9, 2011) Effect on California Ratepayers and the California Economy. ORDER GRANTING 14-12-061, INTRODUCTION decision disposes of the application for rehearing of Decision Today’s (D.) 14-12-061, filed by of New Cingular Wireless PCS, LLC (“New Cingular”). In light the Court of New Cingular Wireless PCS, LLC v. Public Appeal’s remand ordered in (2018) 21Cal.App.5th 1197, 2018 Utilities Com. Cingular Wireless II”) (“New Cal.App.LEXIS 279, 2018 WL 1532332 (Case No. 151870), we grant rehearing of D.14-12-061, and vacate said decision awarding intervenor compensation to The Greenlining Institute The (“Greenlining”). assigned Administrative Law Judge (“ALJ”) will issue a ruling providing further direction regarding the refiling of the intervenor compensation request and requiring Greenlining to refile its request consistent with the forthcoming ruling and the in New Cingular Wireless II. Court’s opinion DISCUSSION On August 23, 2012, this Commission issued Decision (D.)12-08-025 closing our investigation (I.11-06-009) into the proposed merger of AT&T Inc. and Deutsche Telekom AG (T-Mobile USA, a Inc.’s parent company “T-Mobile”) without final decision on the merits because proponents had withdrawn their merger request from the Federal Communications Commission. In D.12-08-025, we affirmed all of our prior
Decision 18-05-053 May 31, 2018 Order Instituting Investigation on the Commission’s Own Motion Into the Planned Purchase and Acquisition by AT&T Inc. of T-Mobile USA, Inc., and its Effect on California Ratepayers and the California Economy. Investigation 11-06-009 (Filed June 9, 2011) ORDER GRANTING OF 14-12-061, INTRODUCTION Today’s decision disposes of the application for rehearing of Decision (D.) 14-12-061, filed by New Cingular Wireless PCS, LLC (“New Cingular”). In light of the Court of Appeal’s remand ordered in New Cingular Wireless PCS, LLC v. Public Utilities Com. (“New Cingular Wireless II”) (2018) 21Cal.App.5th 1197, 2018 Cal.App.LEXIS 279, 2018 WL 1532332 (Case No. 151870), we grant rehearing of D.14-12-061, and vacate said decision awarding intervenor compensation to The Greenlining Institute (“Greenlining”). The assigned Administrative Law Judge (“ALJ”) will issue a ruling providing further direction regarding the refiling of the intervenor compensation request and requiring Greenlining to refile its request consistent with the forthcoming ruling and the Court’s opinion in New Cingular Wireless II. DISCUSSION On August 23, 2012, this Commission issued Decision (D.)12-08-025 closing our investigation (I.11-06-009) into the proposed merger of AT&T Inc. and Deutsche Telekom AG (T-Mobile USA, Inc.’s parent company “T-Mobile”) without a final decision on the merits because proponents had withdrawn their merger request from the Federal Communications Commission. In D.12-08-025, we affirmed all of our prior
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