Initially, the network will deliver an average of 2-4Mbps downstream, with the first devices outside of laptops and USB modems arriving in the middle of next year—stuff like mobile internet devices and MP3 players. Another interesting tidbit: Clearwire is building the Clear network with equipment that can be used for LTE, meaning they can upgrade to it if they have to. And the way things are going for LTE—everyone is on board with it as the pick for 4G—that's a pretty smart move. [Clearwire via GigaOM]

The rationale behind AT&T's petition is basically that the deal requires more scrutiny. Their official statement on the matter, sent to us by an AT&T spokesman, is that, "While AT&T does not fundamentally oppose the underlying transaction, Sprint and Clearwire should be required to demonstrate that its merger serves the public interest just like any other providers would have to do." Specifically, a significant chunk of the 2.5GHz spectrum their network will run on is actually leased from the schools and non-profits (which use it for the Educational Broadband Service).

According to Ars, AT&T is arguing that if you count the spectrum holdings Sprint and Clearwire lease from the EBS license holders, they pass the threshold requiring a "competitive analysis" of what the spectrum landscape would look like post-merger, which they don't have in their merger filings. Even though, as Ars points out, when AT&T bought Dobson Communications last year, they said EBS spectrum didn't really count.

So, it has to be asked—is AT&T finally scared of WiMax? [Ars Technica]

As Ars points out, it seems to be the "third pipe" many hoped that the 700MHz auction would deliver (before Verizon snapped up the open access C block)—that is a third, totally open broadband alternative to cable and DSL that would provide some competition and shake up the established players.

New Clearwire's WiMax network will also be available for "non-exclusive" wholesale, meaning anyone can buy resell Clearwire's WiMax services under their own brand—basically as an MVNO—which Sprint, Comcast, Time Warner Cable and Bright House Networks have already signed up for, with the cable companies interested in offering quadruple play services (cable, internet, phone, wireless internet). Course, all this still depends on WiMax getting off the ground and then not getting trounced by LTE. [Ars]

P.S. WiMax, LTE and more explained here.