The U.S. Federal Communications Commission has allowed AT&T to withdraw its program to purchase the mobile licenses owned by T - Mobile USA , as AT&T had requested , but the agency has also unloose a stave report that dispute many of the benefits the two roving carriers claim the merger would produce .

AT&T and T - Mobile parent Deutsche Telekom retire their program to the FCC to transfer the mobile licence after the means declare on Nov. 22 that staff there had found the $ 39 billion acquisition to becontrary to the public interest . The FCC on Tuesday granted the petition to withdraw the license transfer app , butreleased the 157 - page staff reporton the amalgamation despite opposite from AT&T.

AT&T and T - Mobile “ have failed to fill their encumbrance of demonstrating that the competitive harms that would result from the proposed dealing are outweighed by the claimed benefit , ” the stave write up said . “ The potential loss [ of T - Mobile as a ] competitive forcefulness in the market is a drive for serious concern . ”

The populace and grouping with interest in the merger have a right to see the staff report , said FCC official who inquire not to be named .

A request by merger opponents Public Knowledge and the Media Access Project for the FCC to release the stave report “ would be unprecedented and have far - reaching effects on the succeeding functioning of the FCC , ” Richard Wiley , a attorney map AT&T and a former FCC chairman , write in a varsity letter to the office before the report was released .

“ We observe that the software program in this agenda have been withdraw and there is no transaction before the FCC for review , ” Wiley added . “ free staff workproduct [ sic ] come to a matter no longer before the Commission would be unprecedented . In this case , the workproduct is extremely deliberative in nature as it is a muster for consideration by the Commissioners … This workproduct would in no way constitute prescribed findings of the Commission . ”

AT&T called the release of the story “ worrisome . ” The report is an internal document mean to raise questions before a hearing before an administrative law judge , the company tell . The next step for the FCC would have been an administrative hearing if AT&T had proceed to pursue the permission transportation software .

“ This report is not an order of the FCC and has never been voted on , ” Jim Cicconi , AT&T ’s older executive frailty president for outside and legislative affair , said in a command . “ The draft copy report has also not been made available to AT&T prior to today , so we have had no opportunity to call or rebut its title , which makes its button all the more unlawful . ”

AT&T has said it will keep to squeeze for the fusion in the U.S. District Court for the District of Columbia , where the U.S. Department of Justice has a pending lawsuit to forget the merger . A trial is schedule to start there in February .

AT&T and Deutsche Telekom would have to refile an software for license transfer at the FCC should they prevail in the DOJ court instance .

The FCC faculty report says AT&T failed to make the subject that the merger would create up to 96,000 new jobs in the U.S. and allow the bearer to wheel out 4 G inspection and repair to an additional 17 percentage of the U.S. population . alternatively of increase job , the merger would probably lead to major layoffs as the combined company slew duplicative positions , FCC officials said Tuesday .

AT&T and T - Mobile did not “ attempt to give specifics or measure their title with respect to the number of indirect jobs that will be crated by the proposed transaction , making it unimaginable to assess whether any indirect employment gains , even if transaction specific and realize , will overbalance the verbatim engagement losses , ” the staff report say .

The FCC can not see indirect jobs that “ might ” be create as a welfare “ in the absence seizure of concrete evidence , ” the report say .

AT&T and its allies have argued that the merger would tolerate the aircraft carrier to roll out wandering broadband to 97 percent of the U.S. universe , instead of a planned 80 percent . That deployment would create new chore at AT&T and outside the companionship , merger backers argued .

But the FCC staff report wonder whether the unification would lead AT&T to roll out LTE service to more areas . AT&T , in parliamentary law to vie with Verizon Wireless , likely would have brought LTE to a similar number of U.S. residents , FCC officials said .

The record compiled by the FCC has “ plenteous documentation ” that AT&T had planned a “ racy ” deployment of LTE before it announced its program to evolve T - Mobile , the report said .

In plus , while T - Mobile face up some challenge , there is grounds that it could also roll out LTE without the merger , the stave study say . T - Mobile has “ excess spectrum it could pronto deploy , ” and it would experience additional spectrum as part of a break - up payment from AT&T , the report card said .

Updated on December 1 to mull over the FCC ’s new radio link to its report .