Claiming that the proposed WiMax venture pairing Sprint Nextel with Clearwire would command 112.5 MHz of wireless broadband spectrum nationwide, AT&T said the FCC should not consider allowing Sprint to combine its 2.5 GHz assets with those of Clearwire unless the agency evaluates the effects of the proposed spectrum aggregation on competitors. In May, Sprint and Clearwire announced plans to establish a joint venture, owned 51% by Sprint, which would build a nationwide WiMax network that, in turn, would expand the availability of broadband services to rural and underserved areas. For AT&T, a key issue in the FCC’s proceeding is the “spectrum screen” that is used by the agency to assess the competitive effects of mergers among wireless carriers that involve 95 MHz or more of cellular, broadband PCS, SMR, and 700 MHz spectrum. The assets included in the Sprint-Clearwire deal involve broadband radio service (BRS) and educational broadband service (EBS) spectrum that is not subject to the FCC’s wireless spectrum screen. In comments filed last week, AT&T charged that many of the EBS/BRS assets at stake in the Clearwire deal have not been disclosed to the FCC because they have yet to go into operation. Asserting, “it is clear from the applications that New Clearwire intends to compete with traditional mobile services using [BRS/EBS] spectrum,” AT&T argued: “regulatory parity therefore requires an examination of the reformed company’s spectrum aggregation.” AT&T also noted that the FCC conducted such an examination with regard to AT&T’s recent acquisition of Dobson Communications, which also included spectrum assets that were not yet operational. Citing the receipt of numerous comments from EBS, BRS and other entities that support the transaction, a Sprint spokesman reiterated Clearwire’s intention to “build and operate the nation’s first nationwide true broadband mobile network that will increase competition in a consolidating industry.”