cmnitro~Ultcs~CnQtc
WASHINGTON, DC 20510
October 13,2009
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12'11 Street, S.W.
Washington, D.C. 20515
Dear Chairman Genachowski:
Congratulations on chairing the Federal Communications Commission at a critical time in our nation's
history. We appreciate your willingness to serve and hope to have an open dialogue with you during your
time in office.
Despite the economic hardships currently facing many industries, broadband continues to grow. Internet
service providers continue to heavily invest private capital in research and improved broadband service.
Private sector investment in broadband, which exceeds annual federal investment in transportation
infrastructure, is directly responsible for creating millions ofjobs. When the government picks winners
and losers in the marketplace, the incentive to invest disappears.
We fear that the proposals you announced during your September 21,2009 speech will be
counterproductive and risk harming the great advancements in broadband speed and deployment that we
have witnessed in recent years and will limit the freedom ofthe Internet.
It appears that your decision to create new Commission rules is outcome-driven. Your promulgating
network neutrality rules seems to emanate from a fear that there may be some problems related to
openness in "the future." Ofthe only two Internet-related disputes to date cited in your speech, one
occurred five years ago. Our view is that it is harmful for the Commission to impose industry-wide rules
based upon speculation about what may occur in the future.
You recognize that significant progress with respect to broadband deployment has been made ''thanks to
substantial investment and technological ingenuity." Broadband service providers have invested billions
ofdollars in building and upgrading their networks to better serve their customers. However, burdensome
regulations will have a chilling effect on further private sector investment, at a time when the U.S.
economy can least afford such an impact.
It is because ofsignificant competition among broadband service providers that consumers have more
choices and are enjoying the best online experience that has ever been available. As you said, "new
mobile and satellite broadband networks are getting faster every day, and extraordinary devices like
smartphones and wireless data cards are making it easier to stay connected while on the go." Mobile
networks are getting faster, making such networks even stronger competitors to wireline networks.
Market-based solutions and competition is working.
Such a major policy shift should be contemplated only with all ofthe FCC Commissioners involved. To
do it with just one party reduces the confidence the public and the Congress has in the proposal.
1694
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Sincerely,
Cc: Commissioner Michael J. Copps
Commissioner Mignon Clyburn
Commissioner Robert M. McDowell
Commissioner Meredith Attwell Baker