T-Mobile “remains optimistic and confident” regulators will approve its buy of Sprint, as reviews reach their final stages, CEO John Legere told analysts Thursday as the company reported Q4 results. The New York Public Service Commission applied jobs conditions as it voted 3-0 Thursday to clear T-Mobile/Sprint in the agency’s consent agenda, which requires no discussion. The deal is likely to be approved by the end of the first half of the year, Legere said: “If not in the bottom of the ninth inning, it’s in the late innings.”

The FCC’s partial reopening of the equipment authorization system, announced Friday (see 1901180040), will provide only limited relief, Commissioner Jessica Rosenworcel again warned Tuesday. The federal shutdown could slow FCC work on 5G in general, particularly on clearing mid-band spectrum, she said. Rosenworcel spoke at an Internet Innovation Alliance session on a potential incentive auction for the 2.5 GHz educational broadband service band, with a goal of raising money to close the “homework gap.”

The four major wireless carriers continue to invest in their networks, but the outlook for tower companies remains mixed, Macquarie’s Amy Yong wrote investors. “Verizon and AT&T have sent mixed signals to towers” with Verizon cutting capital expenditures twice in 2018 and AT&T signing a deal with Tillman, a competitor to the major players, she said Friday. “Both are focused on efficiencies and are allocating investments outside of macro-sites. However, capex is likely to stay steady to meet network demands.” Verizon is expected to spend $16 billion on capital expenditures and AT&T $23 billion in 2019, she said. “On the flip side, T-Mobile and Sprint remain in investment mode with T-Mobile likely to hit the high-end” of their $4.9 billion-$5.3 billion capex range and Sprint likely to spend $5 billion-$5.5 billion, she said. “T-Mobile is actively building out 600 MHz, while Sprint is investing across the board in macro-sites, 2.5 GHz build-out, and densification through small cells.”

Microsoft raised concerns about Sennheiser's petition for an NPRM on innovation and development of new wireless mic technologies such as wireless multichannel audio systems (WMAS) technology (see 1812280053). Don't allow use of WMAS technology on an unlicensed basis without complying with other Part 15 rules, Microsoft asked in RM-11821. “Licensed Part 74 wireless microphone operations, including WMAS, should continue to be prohibited in the 6 megahertz unlicensed channel within the 600 MHz band duplex gap,” Microsoft sought. “Continue to prohibit unlicensed WMAS operations throughout the broadcast television bands and the duplex gap, if such operations are inconsistent with other existing Part 15 technical rules.”

The FCC’s first high-band spectrum auction, for the 28 GHz band, had $690 million in provisionally winning bids when it closed for the holidays. It was still unclear whether it will reopen Thursday, an issue expected to be addressed in the FCC’s Wednesday shutdown public notice. Industry analysts said the numbers so far, though far lower than some previous spectrum auctions, aren’t surprising. The AWS-3 auction ended in 2015 at a record $44.9 billion and the 600 MHz TV incentive auction two years later at $20 billion.

A Tuesday House Communications Subcommittee hearing on implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute is expected to emphasize the law's language to aid the broadcast incentive auction repacking process. The hearing also will likely be an opportunity for House Commerce Committee Chairman Greg Walden, R-Ore., to showcase the act as the committee's top telecom policy achievement this Congress, before the end of the GOP majority in the chamber, lawmakers and communications lobbyists said. The act's language was included in the FY 2018 federal spending law (see 1803230038).

The FCC granted 26 licenses won by NewLevel in the 600 MHz band incentive auction. The company's application was found complete and in compliance, "and there are no petitions to deny," said an Incentive Auction Task Force and Wireless Bureau public notice Friday. NewLevel bid $296.5 million net. One more application is under review, said the PN, citing previous 600 MHz license grants.

The numbers show broadcasters aren’t going to be able to complete the repacking on the FCC’s 39-month timeline without adjustment, said tower industry and broadcast industry officials in interviews. The rate at which stations are completing repacking moves, number of tower crews available to move them, and the advancing phase schedule add up to many broadcasters in later phases not completing their repacking on time, they said.

T-Mobile CEO John Legere said on an earnings call Tuesday he remains optimistic the company will get regulatory approval to buy Sprint. “We have a lot of respect for the regulatory process, which is not yet finished,” Legere said. “We have completed a number of major milestones and remain optimistic and confident that once the facts are reviewed by regulators they will recognize the significant pro-competitive and pro-consumer benefits.” Legere noted the formal comment period at the FCC closes Wednesday and that more than half the state public commissions reviewing the deal have signed off. “We’re making progress,” he said. “We continue to expect this merger to close in the first half of 2019.” T-Mobile continues to grow more quickly than its competitors, adding a net 774,000 branded postpaid phone customers in Q3 with 1.6 million total net additions. The carrier also had record adjusted earnings of $3.2 billion, 15 percent above the year-ago quarter, and revenue of $8.1 billion, an increase of 8.2 percent. T-Mobile had 2.6 times as many net adds as Verizon. Legere said T-Mobile is offering 21 devices that use 600 MHz spectrum it bought in the TV incentive auction and the equipment being installed on its towers is upgradable to 5G with a software update. The company said 600 MHz is available in more than 1,500 cities and towns in 37 states and Puerto Rico. Wells Fargo’s Jennifer Fritzsche sees a 70 percent chance the deal will be approved, up from 60 percent, she wrote investors. “Our recent DC checks make us more confident that the … merger will be approved,” she said. “While the DoJ is admittedly a walled garden, most contacts we spoke [to] have not heard chatter coming out of the agency which would suggest there exist insurmountable barriers in completing this marriage.” She expects regulators to demand spectrum divestitures. Sprint reports quarterly earnings Wednesday.

The Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act could generate up to $2.86 billion in rural wireless broadband investments, the Competitive Carriers Association said Wednesday. The bill aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction (see 1802070054). CCA and other telecom groups back HR-4953/S-1682, which have bipartisan support. A CCA-commissioned study, by Telecom Advisory Services, said an estimated short-term infrastructure investment of up to $2.86 billion would happen if it becomes law. Telecom Advisory Services President Raul Katz said he used in calculations the investment and economic impacts resulting from the 2016 600 MHz band incentive auction and other recent auctions, plus other recent spectrum transactions like Verizon's purchase of Straight Path, as benchmarks. “If enacted before other auctions, including the 3.5 GHz and 3.7-4.2 GHz bands, this bill could have an even greater impact,” said CCA President Steve Berry. "This study confirms that passage of the AIRWAVES Act could result in billions of additional dollars for rural broadband buildout and substantially increase GDP across various economic sectors," said Sen. Cory Gardner, R-Colo., one of S-1682's lead sponsors, in a statement. Fellow lead S-1682 sponsor Sen. Maggie Hassan, D-N.H., said she will "keep working to move this legislation forward in order to turn the potential positive economic impact of this bill into a reality."