AT&T's multibillion-dollar acquisition of BellSouth will
be a colossal event in the telecommunications business.
What, then, should Georgia's regulators do about it?
That question was debated Thursday by a gaggle of lawyers at
a meeting of the state's Public Service Commission. The agency
is being lobbied on two fronts about its role in the giant
AT&T/BellSouth deal.
The companies believe state regulators don't have to give
their blessing, per Georgia laws and past practices. But others
— smaller rivals, for the most part — think the PSC should
hold hearings and place conditions on the merger.
While the Federal Communications Commission will be the
most-watched referee in the approval process, many states are
holding hearings to review the deal, including Tennessee and
Mississippi just this week.
Georgia, meanwhile, is proving to be unique in that it is —
in essence — debating whether to have a debate.
As a result, the AT&T and BellSouth merger is keeping
plenty of attorneys busy. Meredith Mays, BellSouth's general
counsel in Georgia, on Thursday reiterated the argument — laid
out in previous filings — that Georgia, like many other
states, doesn't need to approve the deal. BellSouth also is
perturbed that rivals are complaining now, weeks into the
process.
Ken Woods, who represented Time Warner Telecom of Georgia and
XO Communications Services at the meeting, argued in favor of
hearings.
He and others on his side of the debate believe state laws
require a review. "This merger is completely unprecedented
in Georgia history," said Woods, of Friend, Hudak &
Harris in Atlanta.
Anne Lewis, an attorney with Strickland Brockington Lewis who
represented BellSouth competitors, said the PSC should give the
deal plenty of scrutiny, partly because BellSouth is based in
the state.
"We need the sunlight to shine on this merger," she
said. "It seems like the sun should shine the brightest
here."
But AT&T attorney Suzanne Ockleberry said the PSC's staff
is checking into the merger. "It isn't like there hasn't
been any review of this," she said.
In a filing with the FCC, the PSC already showed that it
favors placing only limited conditions on the merger. According
to the filing, the Georgia PSC wants the FCC to require AT&T
to offer stand-alone digital subscriber line Internet service in
BellSouth's nine-state territory. BellSouth currently doesn't
provide such service on its own, so a customer who wants
BellSouth high-speed Internet also must subscribe to phone
service.
But even if PSC hearings are conducted, it appears unlikely
the agency would erect any serious roadblocks.
On this, it seems, the two sides agree.
"Folks, it is clear that this merger is going
through," said attorney Newton Galloway of Galloway &
Lyndall, who spoke in favor of hearings.