Thread by @innercitypress

OK - it's @Tmobile - @Sprint merger trial Day 4. States' expert Shapiro is still on the stand, with Deutsche Telekom lawyer questioning him about weakness of HHI as a measure. patreon.com/posts/32290749 Hoping @JohnLegere takes the stand today - thread

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Shapiro pushed back at Deutsche Telekom cross examination, saying "I don't using get to testify about the law."
There's some small laughter in the courtroom.
Then Judge Marrero calls a break, says, "I need to take a call."
A cell phone call? Thread will continue

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax As Judge Marrero's "break to take a call" continues, have to note that today's "Calendar Events" on PACER does not list any telephone conference by Judge Marrero.

Now he's back, apologizes for interruption. Inquiring minds want to know: when is @JohnLegere?

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: If you attribute a dollar of imputed cost--
Shapiro: I'm not sure what you mean. You look at the net.
Q: Do you apply the same pass-through rate to any efficiencies?
A: Yes you do.

Judge Marrero frowning.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Did you hear the Boost witness say that the Facebook data is not reliable for this purpose?

Shapiro: I think you use another flow of Facebook data, I think she was speaking about a different data set.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Your Honor, we have a confidential document so we will only put it on the the screens of the court and of the witness.

Judge Marrero says nothing - thereby agreeing to this.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: This is Verizon's 5G strategy. Do you see that Verizon is expressing concern about its position coming under competitive pressure, from New T-Mobile?

How convenient. Inner City Press: Is this a public trial or not? Is this about the public interest or not?

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Now with Comcast witness, the questioner says exhibits will only be shown to Judge Marrero and the witness.

Hoping @JohnLegere is next witness. Lunch once again being spread out for corporate lawyers on 15th floor, where Harvey Weinstein hearing ended

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Did Sprint say that they could not continue a vibrant business, including with 5G?
Comcast witness: No.
Q: Would Comcast still be interested in partnering with Sprint to help densify and improve its network.
A: We'd be very interested.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Have you learned anything in the past two years that leads you to believe Sprint's plans could not work?
Comcast witness: I have not.
No further questions.
Next lawyer: I'd like to give a courtesy copy of this document to Comcast's counsel, in the audience.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: I'm going to try to ask about a number without revealing it. [To the Comcast witness] Do you mind if I disclose this number?
Comcast witness: I would prefer that you do not.

They proceeding talking about unlimited plan, without giving any numbers.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: I'm going to ask now about Charter Communications -

Judge Marrero: time to take a break.
The 15th floor lunch spread awaits the corporate lawyers. And how late in the afternoon will @JohnLegere be? Thread will continue. patreon.com/posts/32289634

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Can you tell me what the un-carrier is?
@JohnLegere, launching into it: There was a way of being very successful by being the exact opposite of them. Identifying pain points for the customer and solving them. I said, we are going to fix a stupid industry.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: We said, we can be different than them, and successful.

Judge Marrero: Is there any relation between the un-carrier and the UN Cola?

Some laughter in the courtroom.

Lawyer: We'll leave the Un Cola for another trial.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: Did you memorialize this un-carrier in a document?
Legere: In the very beginning when I was attempting to take this company with a high churn rate, & tell them, we are going to fix this industry. It was quite possibly an arrogant statement. We wrote a manifesto

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: Every time we do an un carrier move, it is to make everyone else follow. I tell customers, we won't stop.
Q: Did you share the manifesto?
A: Yes. My majority shareholder was a bit confused about this un carrier and what was going to take place.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: In early 2013, I gave a talk to 1500 Deutsche Telekom executives. I read them the manifesto. And that was the starting point.
Q: Turn to exhibit 5103.... "We are unafraid to innovate." Is that what your read to the DT executives?
Legere: Yes, I did.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: "We are the un carrier, we will be unrelenting." Have you been that?
Legere: We have.
Q: Describe how these principles are unleashed... un carrier moves.
Legere: The move to identify pain point and solve them - were customers willing to tell you what they were?

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: I was doing an event in Las Vegas with Joe Torre, an announcement with Major League Baseball. But all the questions were about the un carrier. The first was to eliminate contracts. I would leak out through social media, save the date.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: It's not of the quality of a Tesla event, but we do a pretty good job.
Q: OK, I'm not going to take the court's time for each un carrier move. 5015, 5017, 5021, 5023, 5042 - there are a lot of them - 5117, 5192 and 5290.
Judge Marrero: Will that be enough?

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: If you could turn, Mr Legere, to exhibit 5088, un carrier 10, binge on.
Legere: When customer started using video streaming, we listened to customers. Interesting, sometimes they say the most ridiculous things, you don't think you can do it. But you can.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: We didn't even have the i-Phone. Apple wouldn't give it to us unless we could show nationwide 4G.
Q: What if this merger doesn't move forward?
Legere: We no longer have "line of sight" of where we need to go. It's going to require significant investment

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Legere: The 5G network capability it will create is unlike anything that exists in the world so far. The creation of the company has a self-funding nature to it. It will [would?] super-charge the un carrier.
Q: Thank you Mr. Legere. Let's turn back to challenges

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: So you wrote positively about a merger of T-Mobile and DISH?
Legere: Yes, as long as it didn't preclude secondary or tertiary transactions.

Q: You like the word "super-charge," don't you?
A: Yes, I aspire to it.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: And isn't it correct, Mr. Legere, what you view a merger of T-Mobile and DISH as just as good as a merger between T-Mobile and Sprint?
@JohnLegere: There is no comparison at all.
Q: You said, "I don't believe I have ever thought one was better than the other"

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: So if this merger doesn't happen, DISH is still out there with a treasure trove of spectrum, right?
Legere: And some serious commitments to build it out or lose it.
Q: You could call them up and say let's talk.
Legere: I don't think there's any comparison.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: That's not my question. You would pick up the phone and call DISH.
Legere: I'm not sure that's the case... I cannot provide any specificity about what we would do.
Q: Let's look at your deposition again.

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Q: in 2014, you acquire spectrum from Verizon, right?
A: I'll take your word for it.

Q: And spectrum is very market specific, right? You might be strong in Chicago but weak in Denver... You could lease from DISH?
A: At any price, could go anywhere

@TMobile @sprint @JohnLegere @MatthewLeeICP @geekwire @Mergers @FierceWireless @Cablefax Judge Marrero calls it a day, adding that plaintiffs have used 15 hours and 10 minute. Defendants 7 hours and 27 minutes. If you violently disagree, the timekeepers can confer.
Faint laughter. Story soon patreon.com/posts/32289634