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AT&T suing to prevent customers from blocking T-Moble deal through arbitration

Posted: , by Alan F.

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AT&T suing to prevent customers from blocking T-Moble deal through arbitration
A law firm named Bursor & Fisher has put together 1,000 AT&T customers willing to sue the carrier in an attempt to block the deal with T-Mobile. Eight arbitration cases have been filed in various states on behalf of those AT&T clients. In each of the cases, AT&T has responded by filing a opposing federal action. The carrier says that the arbitration clause in the contract that it has its customer sign, prevents customers from bringing such legal action. The clause, recently upheld by the Supreme Court, says that individual claims can be solved with individual relief. AT&T adds that an arbitrator has no legal power to block the merger or affect in any manner.

AT&T says that what Bursor & Fisher is attempting, to wrap individual claims in a class-action wrapper, is specifically prevented in its arbitration agreement. As a result, the carrier says the claims are "without merit". It's just another sideshow in this three-ring circus, but we have yet to hear from the dual Ringmasters, otherwise known as the FCC and Department of Justice, as their individual opinions will determine whether or not the show will go on.

source: AllThingsD

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posted on 13 Aug 2011, 12:41 7

1. megamrambo (Posts: 37; Member since: 19 Jul 2010)

AT&T, You are a monopoly. Nuff said.... lol

posted on 13 Aug 2011, 22:56 3

25. mannyfs (Posts: 67; Member since: 11 Feb 2011)

all this hate towards att, lol, i hate it to! like this if you do as well (just to warn others how much att sucks and for fun of course :) )

posted on 13 Aug 2011, 13:01 3

2. marc (unregistered)

Just face it, you cant just sue your way out of everything. AT&T has the Michael Jordan of lawyers lined up ready to de-rail any resistance. Im pretty nonchalant about it bcuz i had ditched T-Mobile for AT&T 2 months ago becuz of lack of 3G coverage. Now with AT&T, i have 3G+ Coverage but its "dropped call city" for me and its annoying. Looking into Verizon when it comes back to Radioshack

posted on 13 Aug 2011, 14:12 1

5. simplyj (Posts: 404; Member since: 23 Dec 2009)

me too, very curious to see what their rate plans will be

posted on 13 Aug 2011, 13:14 5

3. idaman12000 (Posts: 39; Member since: 03 May 2011)

At&t,t-mobile,sprint and other carriers suck a**. At least verizon has their s**t together + better phones and service even though they might be expensive but worth it. Nuff said.

posted on 13 Aug 2011, 13:58 5

4. Forsaken77 (Posts: 553; Member since: 09 Jun 2011)

I have AT&T and I agree with your statement... for now. At this point in time, Verizon is by far the best carrier where coverage is concerned. I think that will change when AT&T gets there LTE network up and running with HSPA+ as a back up, whereas Verizons' back up is 3G. Verizon covers 97% of the U.S.. AT&T is only 80%, if that, according to an article on this site. AT&T is supposedly commited to matching Verizons' 97% coverage area. IF/WHEN that happens... AT&T will have a better network, hands down. As for the TMo deal... I'm whole-heartedly against it. According to that leaked memo, AT&T is only buying TMo so Sprint can't, not because they need it.

posted on 13 Aug 2011, 14:59 4

8. remixfa (Posts: 14255; Member since: 19 Dec 2008)

not totally true. VZW's CDMA network will always have better building penetration and wider service per tower than GSM. While ATT's 3g backup speeds will definately be superior (where att has 3g..lol), VZW's entire network is 3g where it is not LTE.

In the end, it all depends on where you live. If they all have great coverage then go for the best value for your dollar.

posted on 13 Aug 2011, 17:45 1

12. christianqwerty (Posts: 467; Member since: 05 May 2011)

yeah, verizon 4g beats att hands down! but at&ts 3g isnt that bad, it beats verizon and sprints 3g

posted on 13 Aug 2011, 18:27 4

16. remixfa (Posts: 14255; Member since: 19 Dec 2008)

Tmobile beats all of the above. 4g Speeds like verizon, 3g speeds faster than all of em, and nearly 1/3rd the price as either ATT or VZW.

posted on 14 Aug 2011, 08:58 1

36. @remixfa (unregistered)

I agree with you, and you also have to take into consideration that not all LTE is created equally, The frequency also makes a difference. Verizon is buying the lowest band out which is 700. The lower the frequency, the more range and better building penetration. Also offering LTE all on one frequency compared to 2 makes it easier and prevents less issues like dropped calls. (makes for a smoother hand off from one tower to another.)

posted on 13 Aug 2011, 14:30 2

6. OpTiKaWn (unregistered)

All att coustomers should want the deal to go thru because that means future att phones will use both att and t mob signals so ur phones will work in many more places and have many more towers. it really makes no sense to not want it, if u really think about. att will be only company with roll over, only company u can talk and go online at same time, only company that put money into back haul, only company that has 2 layers of 4g service. so if ur in a place that dont have LTE u will still get super fast
hspa+ while every other company will get beat old 3g, verizon thinks they are the fastest for now but they rushed their service, ATT could have had all its stuff out first if it wanted to they are a hugh company that already absorbed cingular and alltell wireless for those of u who dont know. but instead they are takin their time building assets remember its not always good to be first cough cough verizon, thats when u get bugs and problems and all kinda other crap or ur first out the gate cough cough verizon thinkin ur all the fastest company then another company comes out after u with bigger and better service IE AT&T. in the long run AT&T service will with out a doubt dominate un less they some how mess it up witch i doubt they will have all their layers and signals and t mobs signals and attenas thus workin in way more places than ne one else with way better speeds, plus all the other extras they offer as i said above. I have had them since they were first AT&T back in the day when i was in high school with black and white screens thru the change to cingular back to AT&T and to present, i have tried everyother company for second lines and never liked ne of them. when i had problems in past they would give me bonus minutes and crap and it just builds up. and i think now i have like 25,000 roll over minutes that ill never even use so with out a unlimited plan my plan still is unlimited, im actuly thinkin about switching to their lowest plan they have and with build up of roll over will still be like a unlimited plan. not to mention they have earily night and weekend minutes, and now if u buy the unlimited text plan u get unlimited minutes to every cell phone company in the US for free so thats another bounus when other people get unlimited text only plus for their regular phones its 10 bucks for unlimited internet, they no longer have it for smart phones but i still have it since i have had it for ever and im grandfathered in. So i have unlimited smart phone internet,earily night and weekends unlimited, unlimited text, unlimited minutes to every cell company, roll over minutes, talk and surf at same time and fast hspa+ and free att wifi every where they have it all over the country to me no one else can beat it...

posted on 13 Aug 2011, 14:51 4

7. O_O (unregistered)


posted on 13 Aug 2011, 19:13 2

17. Galen20K (Posts: 541; Member since: 26 Dec 2008)

Booooo hissssssssssssss!! Att has been and always WILL BE shady and dishonest. I really love my T-Mobile and have been with them since the Voicestream days in 2000, but if this merger goes through you can bet your backside I wont stick around for one more day. It'll be Verizon for me if that day comes.

posted on 13 Aug 2011, 20:31 3

20. remixfa (Posts: 14255; Member since: 19 Dec 2008)

actually, opti, ATT is talkin about dismantling TMOs superior 42mb/s HSPA+ and leaving their own craptastic 11mb/s wanna be HSPA+ in place. They will use Tmobile's spectrum for LTE instead.

While we may see a few phones with both ATT and Tmo spectrums on them ( i was hoping the sgs2 would be this way), its not going to become the norm as the more subscribers that use Tmo's HSPA+, the harder it will be for them to dismantle that spectrum.

VZW service will always be the best as far as coverage goes. CDMA penetrates thick buildings better and travels farther per tower than GSM. When VZW makes the full transition to LTE in like 7 years then they will still be ahead of ATT.. Only when both are on full LTE only service will they be on even footing. Thats not for nearly a decade though.

VZW bought Alltell, not ATT. ATT got a couple million off the divestures of the merger, but they didnt buy it. Just like Sprint ant VZW will likely get pieces of Tmobile when that merger happens.

Roll over minutes are the biggest joke in the industry. If you have a ton of them that means you have been paying for a plan way bigger than you have ever needed. You take an already expencive ATT plan and you keep it higher than it needs to be because u want to "keep your minutes", not ever realizing that the one time in your life you need those minutes the overages are way cheaper than the difference in plans would have been if you were on the correct plan for your usage. Also, carriers will backdate a plan if you catch it before the end of your cycle.. further killing any need for roll over minutes.

In the end.. you typed a lot without much actual information.

ATT is a scumbag company and is always a second fiddle to VZW. They always will be. They have coverage worse than Tmobile but price their plans like VZW. They get caught left and right ripping off their customers. No thank you.

And who in their right mind would jump to ATT right now anyways? With the merger about to happen you have the choice of being on ATT with a Tmobile style super cheap plan with real unlimited data or an ATT style super expensive plan with overages. What moron would willingly pay more than double for the ATT plan if they are on the same service? Unlimited everything is only 59.99 with NO OVERAGES on Tmobile. Its 140 on ATT and u get overages after 4 gigs of data.

posted on 13 Aug 2011, 22:52 2

24. DeviantDroid (Posts: 51; Member since: 28 Apr 2011)

In case you are retarded.... Verizon bought alltel.... check yourself fool!!!

posted on 14 Aug 2011, 09:21

37. yeahright (unregistered)

Verizon bought MOST of Alltel. Alltel still exists as a cell phone company. Check out their website:http://www.alltel.com. Check your facts before you mock someone like that, dude.

posted on 14 Aug 2011, 11:33 2

38. remixfa (Posts: 14255; Member since: 19 Dec 2008)

alltell still exists as a shadow of its self in the most rural of places. VZW bought "alltell" and had to divest parts of it to ATT and the rest.. anything that they didnt want remained as "alltell"... just waiting for someone to buy that little piece left.

posted on 13 Aug 2011, 15:14 4

9. ltezealot (unregistered)

ATT pours millions of dollars lobbying the hell out of Senators and Congressmen to let them in the backdoor and get laws passed/blocked thatbenefits them. They should instead put all those millions into upgradinbg their network and investing into more spectrum. Verizon isn't worried about this merger because they already have enough spectrum and towers to allow lte deployment ahead of time. They are by no means the first to deploy 4g however, Sprint launched 4g with WiMax long before Verizon even had their LTE Center open! But wimax came back to bite Sprint in the ass and became more of a hinderance to customers since they were unable to widely deploy it nationwide. Verizon is ready to setup 117 markets nationwide before this year's end with little difficulties (there will always be a few). ATT meanwhile, claims they have to acquire a whole other carrier to support their spectrum and lte upgrade- they cant even service their own towers! So go ahead and take all your roll over minutes- with the amount of dropped calls on ATT- you'll need them

posted on 13 Aug 2011, 15:21 4

10. hammertong (Posts: 41; Member since: 10 May 2010)

Not even married yet, and already they are quarreling. A marriage made in heaven. Take the hint, ATT. Nobody wants you.

posted on 13 Aug 2011, 17:43 2

11. christianqwerty (Posts: 467; Member since: 05 May 2011)

I dont know why its a trend to hate at&t. Im actually really happy with at&t. i get about 1-3 mbps on 3g. the only complaint is that when i go camping i don't usually get service. I hope the merger goes through because i will get even faster speeds and more coverage:)

posted on 13 Aug 2011, 22:16 1

22. jmo76 (unregistered)

Probably the main reason you don't get coverage when camping is because of GSM. While GSM is newer (CDMA came about around the end of WWII), it's signal doesn't travel as far (about 1/2 to 2/3), it doesn't penetrate buildings as well, and is less secure.

WHat I don't understand is how they will be able to cover people in rural areas with the merger with T-Mobile. T-Mobile is only located in major metros, so AT&T will have to build towers in the rural areas, just like they would if the merger was blocked. The real reason they want the merger is to keep other carriers from getting the spectrum, in a way handicapping them. While it won't affect a carrier like Verizon, it will affect Sprint and pre-paid carriers by hampering their ability to build out their network to compete with Verizon & AT&T. If this isn't anti-competitive I don't know what is.

Many say that T-Mobile will still go out of business if the merger doesn't go through, and that no other carrier could afford to buy them. In that event, they would be broken up and sold as parts. THat would allow companies other than the big two to advance their networks. Basically if it goes through look for there to basically be two companies with a few pre-paids that are tied to them. I am a Verizon customer, but I'm rooting for Sprint here. Lack of choices is not good for the consumer, and that will be the end result if this merger goes through.

posted on 13 Aug 2011, 17:55 2

13. luis_lopez_351 (Posts: 951; Member since: 18 Nov 2010)

Yes yes yes!!!! go down!!!! We are tired of your crappy network, besides we have Verizon and Sprint that does a much better job than you.

posted on 15 Aug 2011, 07:14

42. Geeksarebest (Posts: 34; Member since: 28 Jun 2011)

You do realize that probably 60% of Sprint's Network is actually Verizon roaming, right?

posted on 13 Aug 2011, 17:56 2

14. daryl227140 (Posts: 6; Member since: 13 Aug 2011)

I'm against the AT&T/Tmobile merger simply because T-Mobile will become a thing of the past. The great plans, the commercials, the innovations (the first U.S. carrier to carry Android phones), will be gone probably a year after the deal goes through.

With that said, AT&T can go ahead and be lazy with their pricing after they take T-Mobile. Verizon, Sprint, and hell even MetroPCS will step up and be more agressive with their plans. People are getting tired of AT&T, and are shying away from T-Mobile simply because they're going to be AT&T. People are tired of their crap, even the employees are starting to hate them (go into a COR AT&T or T-Mobile store or call Customer Service for either service, you'll see).

In short, don't worry about AT&T monopolizing anything, because it's going to bite them in the end.

posted on 13 Aug 2011, 19:15 2

18. Galen20K (Posts: 541; Member since: 26 Dec 2008)

couldn't agree more, if this deal goes through I will honestly be sad that my T-Mobile is gone but I won't stick around with Att just because they might steal their spectrum. It'll be Verizon for me if it happens.

posted on 13 Aug 2011, 20:34

21. remixfa (Posts: 14255; Member since: 19 Dec 2008)

once the merger happens, imma unlock my Tmo phone and find me some cheap prepaid service. I wonder if simple mobile will still be around.. lol.

They need a true unlimited 3g data + texting only plan. that way i can just use google voice for phone calls on the off chance I actually make one.

posted on 13 Aug 2011, 17:59 1

15. feenom15 (unregistered)

ATT works just fine for me. *shrugs*

posted on 13 Aug 2011, 19:33 5

19. rex0422 (Posts: 30; Member since: 12 Aug 2011)

I dont like AT&T! I prefer Sprint, but that's just me... XD

posted on 13 Aug 2011, 22:27 1

23. obento (unregistered)

Something is happening to a company I use for service.
1. AT&T didnt ask me if they could buy T-mobile. They are using MY money I pay them to buy something without consulting ME.
2. I dont like T-mobile. I hate the color pink, red, and yellow. Orange and Blue is OK though.
3. If I hate something or dont understand it. I want to destroy it, stop it, or sue it.
4. 39 Billion is alot of money, can I haz some?

posted on 14 Aug 2011, 01:06

30. daryl227140 (Posts: 6; Member since: 13 Aug 2011)


posted on 13 Aug 2011, 22:58 2

26. mannyfs (Posts: 67; Member since: 11 Feb 2011)

i just hope that whatever happens that we get cheaper plans and the damn data plans become cheaper!!! ATT please throw a super cheap offer and hopefully verizon will make it better so we can all remain loyal customers forever! (to verizon of course) and we can have more money for fun! or at least gas =( (damn u gas prices!!)

posted on 13 Aug 2011, 23:08 1

27. iblackdroid (Posts: 67; Member since: 19 Jul 2011)

I honestly hate ATT... Verizon all the way :)

posted on 13 Aug 2011, 23:50

28. gaby1451 (Posts: 114; Member since: 30 Mar 2011)

Why you sly bastard [at&t]...

posted on 14 Aug 2011, 01:00

29. Unregistered (unregistered)

Ok most of the people responding to this article have no idea what they are talking about.
1-rollover minutes are a luxury that was never patented by Cingular/Att. If u check your plan and minutes on your carrier you will see how many minutes you are not using and are throwing away, then when the month comes you are charged, extremely, for overages where you would not be with Att. And most people are on the right plan but are given many other voice features, i.e. Mobile to any mobile calling, A-list, Early N&W etc. that seem to make it look like they are on the wrong plan when in fact most customers are on the lowest plan. Voice plans are the same price but with more voice features than Verizon.
2-Network..Att spends $18 mil. a day on their network for upgrades to speed, security and expansion. 97% of americans are covered now by Att same as Verizon, but way more than sprint and tmo. Tmobile service is not as well as it was a few years ago due to them not spending the money on their own network for expansion, meaning their customers were saturating Att's network and att stop the use of tmo roaming on Att so att customers would have better call quality. No network is perfect and will never be due to topography, legislation, and rights to have a tower put into a borough or township, stating it is an eye sore to have a tower in their neighborhood. Know this for a fact.
3-GSM (global systems for mobile communications) is a global standard to be used worldwide. Unlike cdma, which is north america only. Was built by Att for the benefits for their customers to travel the globe without having to purchase a new handset and plans to travel. Not sure why you say GSM is no good if the rest of the world has been using it for years and is way beyond our technology. CDMA is a technology that will not be used for much longer as Att moved on from TDMA, very similar technology, years ago. And for the people who complain about att calling hspa+ 4g it was not them who started it. It was tmo when they asked for leniency due to it being the "4th generation of their network. No network in the U.S. has true "4g" til LTE advanced as by international standards. Although again they are being lenient on U.S. Carriers. Nobody complained when other carriers were calling their networks "3g" when they were technically 2.5g. By standards to be 3g you are to have simultaneous voice and data. Let alone speeds of other carriers were not even close to att on 3g.
Until the iphone came along att had the fewest dropped calls of any network due to capacity. If you were to place a call on Att it may have taken 1or2 tries for the call to connect until the the capacity was freed up but it would hold on the tower once connected. On verizon they had instant connection but if another caller connected to the tower your call would drop. Att figured it was better to have to try once or twice rather than drop calls, causing you to stay connected 98% of the time rather than keep dropping calls.

posted on 14 Aug 2011, 11:42 1

39. remixfa (Posts: 14255; Member since: 19 Dec 2008)

if you did research, you would know that CDMA and GSM have a near even split across the world.

international standards have changed. They now include HSPA+ 21mb/s and low end LTE like VZW has.

TMO has the fastest "3g" in america. I average about 4-5mb/s on my 3g vibrant. Every national speed test confirms that. Their 4g is on par with VZW's LTE.

ATT's "4g" HSPA+ is a paultry 11mb/s with real world much lower. Sprints "4g" only goes to 12mb/s max as well. Tmo didnt start calling it 4g until it went to 21mb/s, which it now goes to 42mb/s.

until the iphone came along, ATT was a faultering network that was losing customers to VZW due to bad customer service and crap network. The iphone has been its only saving grace and rode that money train as long as it could. It waited until the problems with the network gained national attention to try to "fix it", wich has barely improved service.

Can you prove your VZW and ATT statistics on dropped calls? Because your full of crap. I used to work for VZW. The most rare complaint in the world there was "i dropped a call". It almost never happened without a system issue. The opposite can be said of ATT.

posted on 14 Aug 2011, 01:14 1

31. N19htmare (unregistered)

iPhone saved AT&T in the past, nothing will save it now.

posted on 14 Aug 2011, 01:18

32. Unregistered (unregistered)

2007 that changed when the iphone came out and nobody could really anticipate the success of it, Like it or not, that caused capacity to diminish from the explosion of new users and the over abundance of data. No other carrier had that problem due to not having a device at the time that was that popular or game changing. Quiet iphone haters, this is not was this comment is about :). People want to complain about price of plans and want unlimited everything, well you cant have both. At least not until technology and capacity allow it.
Again no network is perfect, but with the merger Att could be one step closer.

P.S. ATT did not buy Cingular. The company SBC that owned Cingular bought up the rest of the Att and decided to change the name to ATT from Cingular due to it being more recognized more worldwide.

posted on 14 Aug 2011, 01:27

33. Unregistered (unregistered)

31. N19htmare (unregistered) posted on 4 min ago
iPhone saved AT&T in the past, nothing will save it now.

Really? With 100 million customers. Not sure if you remember but ATT was the largest carrier in the U.S. at iphone launch. ATT customers are sticky and pretty satisfied. Especially when they are voted number 1 by JD Power for retail service and online service

posted on 14 Aug 2011, 03:43

34. OpTiKaWn (unregistered)

Lower mhz penetrates always been that way the lower the better thats why they real low ones are used by goverment but att uses 900/850/800 and i always get good signal in buildings even inside of elevators underground i can make clear calls. and my plan is cheap and dont have lot bigger plan than i need cause there is only 1 under what i have its just extra mins from every mounth building up a long while. and i just changed it to their lowest witch droped my price another 20 bucks i think or more and ill never over the mins so its un limited to me plus the unlimited mobile mins to every company and thats what most people use now a days so thats like at least 80% of my calls right there then the unlimited night and weekends takes care of the rest and my mins so with the smallest plan they have (and cheapest) i have unlimited calling unlimited text and unlimited internet im granfathered so i have real unlimited i probly use 10 gigs easy and on ly regular computer since it runs always i probly use 250gigs easy a mounth. so my plan is only costin me under 50 a mounth cause i get 25% off for working for the federal goverment so to me im gettin a better deal than ne other company has plus gettin extra stuff they dont have, roll over,unlimited callin to all other carriers, talk and surf at same time, and in future 2 levels of 4g when no one else has it, so when every one else is out of lte coverage ull be on crappy old 3g service limpin on by. i constantly get over 5mbs now no mater what and see speeds up ward of 10mbs and on wifi at the house i get well over 15mbs even being down the street from my house closer i can double that. how? because i have 50mbs internet service and befor i had the 50mbs i had 20mbs and i would get up to 60mbs with that now that i have the 50mbs i can get over 100mbs. i got a good line commin in not many must be on it and i get way faster speeds than i should for free witch is awesome. and right now im usin a infuse witch has the fastest hspa+ radio that att has so that helps. So im more than happy with what i get for how cheap i pay and will be happy to have the 2 layers of service when its here and happy that att is the only company that did back haul and their 3g is better than everyone elses so when im not on hspa+ that works better also. but my whole city is covered in hspa+ and so is most every other city so since i had my phone i havent been out of hspa+ coverage. plus with my plan on top of the 25% off the bill each mounth i get waived upgrade charges, and 50% off all accesories like cases,batteries, bluetooth, memory cards, everything. And i can get as many as i want,and i get it on the phones also. But all in all like i said for the cheap price i pay and all the extras i get i like my service better than ne of the others i have had in the past for second lines for me it has always worked good where im at and no other company can give me all i get for cheaper it just cant happen...

posted on 14 Aug 2011, 15:35

40. BenCjamin (Posts: 80; Member since: 13 May 2011)

May i say that At&t and Apple are two halves of the same mold? They both restrict customers, They know their products sell and customer service is like the bottom of the barrel crap. They seek to be anti competitive with other companies and to rule in a monopoly. No wonder the iphone appeared first on At&t. It's because apple and At&t conduct business the same way. Well, here's what i have to say screw both of you!!!

posted on 14 Aug 2011, 21:47 1

41. donpeppino9 (Posts: 67; Member since: 24 Jan 2010)

y'all people need to stop making false statements about cdma being better than gsm when it comes to building penetration and tower service range.. yada yada.

if you're comparing cdma to gsm as the edge network, then you're right. but this is 2011. companies that operate on gsm based networks use 3g/4g technology. that means umts, hspa, hsupa, hsdpa etc... all of which is based off of WCDMA... which is the same technology as CDMA.

You're so claimed advantage doesn't exist. The majority of ATT's network is based on WCDMA technology. enough said.

In the end you get what you pay for. if you pay for premium service with att or verizon you will get a premium level of quality in return. the only difference is the technology to deploy that service.

IMO its better to go with a global standard than vzw's cdma. the only time vzw is a better choice is if you spend a lot of time bumblefcuk america. but even that wont be an advantage as ATT will eventually blanket the whole country in 4g hspa+ and lte. until then i wouldn't mind being on EDGE on the rare occasion. its a small price to pay to get a better phone selection, longer battery life, unlocked phones, better international roaming plans, and simultaneous talk/data.

Finally, enough bragging about VZW's low frequency band advantage. choosing spectrum has its trade offs. low freq = longer range and less obstacle interference, however its more susceptible to signal interference, and signal quality is less. higher freq will yield higher signal quality without obstacle interference and less susceptibility to signal interference.

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