OVERNIGHT TECH: Judge grills Sprint on bid to block AT&T/T-Mobile merger

She repeatedly told Sunshine to focus only on the legal harm that the deal would cause Sprint and not harm to consumers, which is the focus of the Justice Department’s case. Sunshine argued the deal would allow AT&T to charge unfair rates to other companies to carry their traffic on its network. AT&T lawyer Michael Kellogg said that unfair roaming rates are not a concern because the Federal Communications Commission regulates what companies charge each other. Antitrust law “protects competition, not competitors,” Kellogg said.

Huvelle did not say when she plans to rule on AT&T’s motion to dismiss Sprint’s case. The Justice Department’s case is scheduled to go to trial in February.

Netflix lost more subscribers than expected, stocks plunge: Netflix lost 800,000 customers in the third quarter, The Associated Press reports. The news sent its stock plunging 26 percent.

{mosads}Subscribers began leaving after the company raised prices last month. The company also announced, then aborted, plans to spin off its DVD-by-mail service into a separate company.  

ON TAP THURSDAY:

The House Energy and Commerce Manufacturing subpanel will hold a hearing on the prospects of legalizing Internet gambling, featuring Poker Players Alliance Chairman and former Sen. Alfonso D’Amato (R-N.Y.). Maryland Gov. Martin O’Malley (D) came out against legalizing online poker in a letter to the deficit-reduction supercommittee.

New federal chief information officer Steve VanRoekel will deliver a keynote at the Churchill Club in Palo Alto, Calif. President Obama entered office promising sweeping reform of the way the government uses technology but has tempered both its rhetoric and ambitions recently in light of the budgetary climate.

FCC Wireless Bureau chief Rick Kaplan and Strategic Planning and Policy Bureau chief Paul de Sa will appear at a forum hosted by Mobile Future, an advocacy group backed by the major telecom firms.

ICYMI:

The Federal Communications Commission announced a new online tool Monday to help small businesses guard against cyber attacks.

A coalition of rural telecom firms wrote to President Obama on Friday blasting the Federal Communications Commission’s plan to overhaul a grant program aimed at connecting rural areas.

The Federal Trade Commission voted 4-0 to give final approval to its settlement with Google over the failed rollout of its Buzz social network last year.