T-Mobile’s proposed drop kick of employees to DISH might boomerang in California

by Steve Blum • , , , ,

Feral kid boomerang

T-Mobile bought out another opponent to its merger with Sprint, but could have hurt its chances of gaining regulatory approval in California.

Following its deal to get resale, retail and spectrum assets from T-Mobile, DISH filed a request yesterday with the California Public Utilities Commission to withdraw its opposition to the merger, saying its agreement with T-Mobile and the federal justice department “will facilitate and accelerate DISH’s entry into the wireless market as a fourth nationwide facilities-based mobile network operator thus solving the harms of the reduction in competition” caused by the merger.

That’s arguable, but might not matter. The California attorney general took the lead on the competition question. The CPUC, on the other hand, is looking at a broader range of issues, which may include whether the merger is “fair and reasonable to affected public utility employees, including both union and nonunion employees”.

Under the deal, DISH would get Sprint’s “prepaid” – i.e. pay for service in advance – wireless customers, who tend to have lower incomes than “post paid” – billed monthly for services used – subscribers. Those customers will continue to use the networks operated by the new, merged Sprint/T-Mobile company, as will any other customers DISH signs up. In industry jargon, DISH will be a “mobile virtual network operator” (MVNO), reselling services provided by the new T-Mobile company.

T-Mobile agreed to hand over information about employees who work on the “prepaid” side of the house, and make them “available for interviews” in case DISH wants to “make offers of employment”. But DISH isn’t required to hire them, and T-Mobile isn’t required to keep them. Combined with DISH’s decades-long obsession with keeping labor costs low and its reliance on independent retailers, that adds considerable weight to the argument made by the Communications Workers of America that the merger will “eliminate jobs”.

It’s also another reason for the CPUC to not rush to judgement on the merits of the merger, as T-Mobile urged last week. It could be months before a decision, and when it comes it might not be yes.