AT&T and T-Mobile parent Deutsche Telecom also said they've withdrawn their pending approval applications to the FCC "to facilitate the consideration of all options at the FCC and to focus [the companies'] continuing efforts on obtaining antitrust clearance for the transaction from the Department of Justice either through the litigation pending before the United States District Court...or alternate means."
In August, the Justice Department filed a lawsuit to block the buyout.
And on Wednesday, Genachowski asked the other four FCC commissioners to approve an administrative hearing on the proposed deal, during which AT&T would have to show how the merger was in the public interest.
In a briefing with reporters at the time, FCC officials said the merger would create an "unprecedented" level of concentration in the wireless market and that it was impossible to see how the deal could serve the public.