16. Provide executed exemplars of all forms of contract, and all tariff pages whether federal or intrastate, used with regard to California special access or backhaul facilities which you purchase or lease or otherwise obtain from AT&T in California.
a. Provide for the most recent month available the total number of DS1, DS3, and any other channel termination backhaul services provided to your company by AT&T for channel terminations in California, and identify the type of backhaul involved (DS1, DS3, other), as well as the total numbers of such facilities billed at intrastate and interstate rates.
b. Provide your understanding of AT&T's special access offerings for wireless backhaul including the range of rates, and the average rate, for channel termination (first, non-recurring, and recurring charges, etc.) and channel mileage (rates per mile, by fixed mileage, etc.).
c. Provide contracts and tariff pages, and an explanation similar to the one requested above, for Verizon special access offerings, to the extent they differ materially from those offered by AT&T.
17. If you believe that the merger will lead to increased market concentration in California, should the Commission consider and propose or impose conditions to prevent significant adverse consequences which may result from the merger? What, if any, should those conditions be?
(END OF APPENDIX A)
APPENDIX B
INITIAL DATA REQUESTS PROPOUNDED BY COMMUNICATIONS DIVISION
I. Data Requests to AT&T/T-Mobile
1) Subscribers
a. Please provide current and respective customer counts in California for each Merging Party.
b. How many of these current customers, respectively, reside in the Sacramento, San Francisco, Los Angeles, and San Diego markets.
c. Please identify the total telephone numbers with a California NPA currently assigned to each company, and the total telephone numbers with a California NPA currently in use by each company's subscribers.
2) Service Plans
Please confirm that existing T-Mobile customers will retain their existing service/ plan/ rates, as stated in your May 3, 2011, letter to CPUC.
a. With regard to that commitment, please provide the following information:
i. For how long will customers be able to keep existing service/plan/rates?
ii. For how long are Merging Parties willing to commit to offer existing service/plan/rates:
1. For existing customers?
2. For new customers?
iii. What will trigger a new plan/ pricing/ handset requirement for existing customers?
iv. Will existing customers be allowed to switch between current T-Mobile service plans post-merger or will any change require an AT&T plan?
b. Please provide your proposed schedule for transitioning customers from T-Mobile to AT&T customer service, or otherwise arranging for the following aspects of customer service:
i. Billing
ii. Customer information and technical support
iii. Handset support
3) Cell Towers/Sites
a. How many cell sites or cell towers (as those terms are used in your "Public Interest Statement" at the FCC) are currently operated by each Merging Party in California?
i. Please identify any distinction between the two terms as used in the Public Interest Statement.
b. How many cell sites or cell towers does each Merging Party have budgeted to build and activate in California in the next twelve months?
c. How many total cell sites or cell towers will the merged-entity operate in California should this merger be approved?
d. Please provide current and planned cell tower locations for each Merging Party in California via shapefile and/ or list of Lat/Long points.
4) Spectrum
a. Please identify, by type (700 MHz, Cellular/850 MHz, PCS/GSM, or ASW, etc.), and specific geographic location within California, all spectrum currently owned or controlled by each Merging Party in California.
b. Of the spectrum identified in "a" above, please identify the portion of same that is currently being utilized by each Merging Party to provide wireless service to paying customers in California.
c. Of the spectrum identified in "a" above, please identify how it is to be used in the next three years
i. If merger is approved; and
ii. If merger is not approved.
5) Long Term Evolution 4G
Transition to 4G LTE:
a. Please define 4G LTE as each of the merging parties intends to provide it in California, and its roll-out to California subscribers,
i. If the merger is approved; and
ii. If the merger is not approved.
b. What is the proposed timing for LTE roll-out in California, assuming the merger is approved?
c. Provide a schedule of roll out within California, showing quarterly projections for build-out, with geographical specificity. This specificity may be provided by reference to Sales Region, Metropolitan Statistical Area (MSA), principal service area, or other meaningful and specific geographical category.
d. How long will existing 3G & 4G T-Mobile plans be supported?
e. Will T-Mobile's 4G offering remain available to its current customers and to new customers?
f. For how long?
g. For current 3G and T-Mobile 4G customers, how will the migration to AT&T's 4G LTE be handled?
i. Is there a timeframe for this transition?
ii. Is this LTE transition's timing different for AT&T customers and existing T-Mobile customers?
iii. Will existing T-Mobile customers receive any additional consideration or discount on the new plans and/or handsets with the merged entity during this LTE transition?
iv. Will the LTE migration trigger new service contracts and offerings, and/or extension of existing contracts and offerings?
6) Customer service
a. Do Merging Parties have plans to increase call center employees/hours to accommodate concerns/questions regarding this merger, if approved?
i. What do these plans entail?
b. Please provide the following information regarding retail stores and locations:
i. How many stores, storefronts, or other points of face-to-face sales do each of Merging Parties currently have in California?
ii. How many of these stores will be closed after the merger? On what schedule?
iii. What is the intended signage for the remaining stores?
c. Changes to Service
i. What changes to service, if any, should T-Mobile customers expect?
ii. What changes to service, if any, should AT&T customers expect?
iii. Are there any anticipated disruptions in service for either customer group during the merger/ system integration?
iv. What are your plans to implement and monitor integration of the two Merging Parties' service?
d. How will customers be notified of this merger and changes to their service? Please describe detailed plan explanation for each of the following:
i. Bill inserts? What about those who receive bills electronically?
ii. Information on websites?
iii. Advertising?
iv. What other outreach be done in California?
7) Employment
a. How many employees does each Merging Party currently have in California?
b. How many of these employee positions will be terminated or otherwise eliminated in California?
c. What is the anticipated net change in your total employee numbers for the merged entity in California?
d. Please provide national figures in each of these categories.
8) Special Access and other Wholesale Services Provided to Competitors
a. What number and percent of T-Mobile's California cell sites are currently serviced by AT&T special access lines or other backhaul facilities? As used herein, "special access" refers to any telecommunications transport facilities provided by AT&T - whether denominated as special access, transport, backhaul, middle mile or other terminology - used by a cell site or cell tower operator to connect to a central office and/or the public telephone network.
i. Of the total aggregate number, please identify how many are T1, DS1, DS3, or other types of transport.
b. What number and percent of AT&T's California cell sites are currently serviced by AT&T special access lines?
i. Of the total aggregate number, please identify how many are T1, DS1, DS3, or other types of transport.
ii. What entities provide special access backhaul for the remainder of AT&T's California cell sites or cell towers?
c. Please provide the number of cell towers owned or operated by each of AT&T's California competitors (excluding T-Mobile) which are serviced by AT&T special access lines.
i. If you contend these entities may assert confidentiality claims with regard to these numbers, please affirm, if possible, that Merging Parties have no objection to the production of this information
ii. On an aggregate basis, how many of AT&T's current competitors' cell towers are serviced by ATT special access lines?
d. Have AT&T's wireless competitors complained to AT&T regarding the price or service quality of AT&T special access lines?
1. Please provide the total number of complaints received by AT&T over the last three years from its wireless competitors, regarding the price or quality of AT&T special access lines.
2. Please produce any complaints publicly filed by AT&T's wireless competitors at the FCC or this Commission relating to provision of special access services, backhaul, or interconnection generally.
9) Early Termination Fees
a. For each of the merging parties, please state the current early termination policy and fee schedule.
b. What will be the early termination policy and fee schedule for the merged entity?
c. Will T-Mobile subscribers be able to leave their contracts without penalty prior to the merger being approved and after the merger is approved, given the change of ownership?
d. Does the change of control entailed in the merger constitute a material change such that service contracts are automatically suspended?
e. Will T-Mobile subscribers be treated differently than AT&T Mobility subscribers with respect to Early Termination Fees? If so, how?
10) Market Concentration
a. Please provide the definition the merging entities are using to define the market for analysis of the merged company's market share, market power, and market concentration in the expected antitrust analysis.
b. Using available data, please provide the pre- and post-merger Herfindahl-Hirschman Index (HHI) of market concentration for the wireless voice and data markets in California and nationally and for the total telecommunications market.
c. Please provide the pre- and post-merger HHI in California and nationally for the combined wireless and wireline communications market, including cable companies.
II. Data Requests to Sprint
III. Data Requests to Verizon
DATA REQUEST 1-V:
1. How many cell sites/towers does Verizon Wireless currently have in California?
2. How many cell sites/towers does Verizon Wireless plan to activate in California over the next 12 months?
3. How many of these cell towers/sites are served by AT&T special access or other backhaul facilities from AT&T? How many are self-provisioned by Verizon? How many by other special access/backhaul providers?
(END OF APPENDIX B)
APPENDIX C