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AT&T said that Cellular South couldn't prove that it didn't have legitimate technical reasons for developing its own standard for its wireless spectrum. "Plaintiffs' effort to mount an antitrust attack on [AT&T's] role in 3GPP standard-setting fails to state a claim because the complaint fails to allege any agreement among [AT&T] and the other defendants to convert the 3GPP process into an anti-competitive sham," AT&T said. "All that the complaint alleges is Cellular South's disagreement with the consensus judgment reached through the legitimate 3GPP process; Cellular South's remedy for that disagreement was through the 3GPP process itself."But Cellular South claims it never stood a chance against AT&T, which is the second largest wireless carrier in the U.S. In its complaint, Cellular South says that a Qualcomm representative, named Michael Chard, told Cellular South that it would delay the roll-out of devices supporting Cellular South's spectrum as retribution for Cellular South and other carriers filing a petition with the FCC to require that would require all devices used on 700 MHz spectrum to be compatible.

The representative described the Interoperability Petition as "a 'conflict generator' that did not serve the best interests of Qualcomm's 'other carrier partners' -- one of whom was spring botanicals black iphone case AT&T."Qualcomm's representative went on to say that during the same conference call that neither Cellular South nor any other smaller regional carrier affected by this delay would be able to prove that the companies deliberately delayed the deployment of gear supporting their spectrum because these discussions "would not take place as part of the public meetings of 3GPP since as (Michael) Chard put it, 'most if not all of what happens in RAM 4 [discussions] happens before the meeting.'"In other words, Cellular South alleges that these statements confirm that AT&T and its suppliers were working behind the scenes to delay the roll-out of handsets and equipment that resulted in delays to building these new 4G LTE networks..

"By abusing its position as the dominant buyer of Lower 700 MHz wireless devices, AT&T conspired with at least two companies in its supply chain to use the 3GPP standards setting process as a means to advance the anti-competitive goal of creating a private, discriminatory spectrum band (Band 17) that has orphaned the Lower A block," Graham said. How did this happen?. It also believed that its customers would be able to roam onto bigger carrier's networks when they traveled outside the Cellular South/C Spire territory, just as they have been able to do with voice services on 2G and 3G networks. Because Cellular South, which operates only in Mississippi and parts of Tennessee, Alabama and Florida is considerably smaller than the nation's largest wireless carriers, it must rely on ecosystems controlled by bigger players to get affordable equipment and devices for its network. And it needs these larger roaming partners to provide nationwide access for customers.

Going into the auction, Cellular South and others knew that 700MHz spectrum band was somewhat tricky, Not only was there potential for interference in the lower portion of the spectrum due to adjacent broadcast TV signals, but the way in which the 700 MHz spectrum band had been cleared and subsequently auctioned by the FCC meant there was not a consistent "band plan" across all blocks of spectrum.This was in contrast to other spectrum that had been spring botanicals black iphone case previously auctioned by the FCC, including the cellular, PCS and AWS bands..

This fact means that some carriers using 700MHz could build networks that were incompatible with other 700 MHz networks, even though the companies all planned to use the same 4G LTE network technology standards. When the 700MHz spectrum was auctioned in 2008, there was an assumption that there would be two major band classes for commercial use. Companies buying spectrum in the lower A, B, and C blocks would use Band Class 12. Verizon Wireless, which bought most of the Upper C block, would use Band Class 13. The two band classes wouldn't be interoperable.