- On October 24, 2011, U.S. District Judge Ellen S. Huvelle, who is presiding over the United States Department of Justice (DOJ) suit to block the AT&T/T-Mobile merger, rejected a request from Sprint to gain access to all of the documents that AT&T has provided to DOJ in response to requests for information. She left open the possibility that DOJ could make a request to the special master overseeing discovery if it desires to share particular information with Sprint. Before ruling on Sprint’s motion, Judge Huvelle heard argument on the joint AT&T/T-Mobile motion to dismiss the claims of Sprint and Cellular South. Judge Huvelle has yet not ruled on those motions. United States v. AT&T Inc., No. 1:11-cv-01560 (D.D.C.).
Separately, opponents of the merger are urging the FCC to schedule a hearing on the matter before an administrative law judge. A letter providing notice of a meeting held October 20, 2011, between CCIA, DISH Network, Free Press, Media Access Project, Public Knowledge, the Rural Cellular Association, Sprint, and Commission Staff states that “The record demonstrates that AT&T and Deutsche Telekom have failed to carry their burden of proof in showing that the proposed transaction is in the public interest.”