LAMAR S. SMITH,Te~es
CHAIRMAN
JOHN C NYERS, JR., Michigan
RANK NG MEMBER
ONE HUNDRED TWELFTH CONGRESS
2138 RAYBURN HOUSE OFFICE BUILDING
(iongress of the llnitcd~tates
iIlousr of'RrprfSfOtatiofS
COMMITTEE ON THE JUDICIARY
HOWAR L BERMAN, California
JERROL NADLER, New York
ROBERT C. "BOBBY" scon, Virginia
MELVIN . WAn, North CaroUM
ZOE LO REN, California
SHEILA ACKSON LEE, Texa8
MAXINE WATERS, California
STEVE C HEN, Tennessee
HENRY . "HANK" JOHNSON, JR., Georgia
PEDRO . PIERLUiSI, Puerto Rico
MIKE a IGLEY, 1lllnoi,
JUDY C U, California
TED DE CH, Florida
LINDA T, SANCHEZ, Californie
DEBIl'IE ASSERMAN SCHULTZ, Florida
WASHINGTON, DC 20515-6216
(202) 225-3951
http://www,house.gov/judiciary
August 1,2011
The Honorable Eric Holder
Attorney General ofthe United States
United States Department ofJustice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
F, JAMES SENSENBRENNER, JR.. Wlsconain
HOWARD COBLE, North Carolina
ELTON GALLEGLY, California
BOB GOODLAnE, Virginia
OANIEL E. LUNGREN, California
STEVE CHABOT, Ohio
DARRELL E. ISSA, California
MIKE PENCE, Indlane
J. RANDY FORBES, Virginia
STEVE KING, Iowa
TRENT FRANKS, Arizona
LOUIE GOHMERT,Te~u
JIM JORDAN, Ohio
TEO POE,T8~es
JASON CHAFFETZ, Uteh
TOM REED, NawYork
TiM GRIFFIN, Arkanses
TOM MARINO, Pennsvlvanla
TREY GOWDY, South Carolina
DENNIS ROSS, Florida
SANOY ADAMS. Florida
BEN QUAYLE, Arizona
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12
th
Street, S.W.
Washington, D.C. 20554
Dear Attorney General Holder and Chairman Genachowski:
I am writing with regard to your review ofthe proposed merger between AT&T an
Mobile.
The House Judiciary Committee held an informative hearing on this matter on May
20 II. I believe that the hearing provided a public forum that usefully illuminated many of e
arguments for and against the merger. Because oflimitations on time, resources, and the n mber
of witnesses, however, a congressional hearing does not provide an adequate forum for the
extensive and detailed analysis that a merger ofthis magnitude warrants.
For that reason, Congress has passed laws requiring your agencies to investigate lar e
mergers like this one to determine whether they pass legal muster. In conducting this revie ,
your agencies have the expertise and the time to thoroughly study all ofthe evidence ofthe
merger's likely effects-including non-public evidence unavailable to Congress-and dete ine
whether the merger is consistent with the law.
Recently, you have heard from members ofCongress who, based on the limited
information provided in congressional hearings, urged you to conclude that this merger sho
blocked. Unfortunately, they provided you with only one side ofthe story. I feel compelle
briefly point out the other side.
For example, we heard evidence at our hearing that, among other benefits, the merge
10 AUG 2011 RCVD
will allow AT&T to: (I) substantially improve the quality and capacity ofits broadband n
thereby creating jobs and spurring innovation; (2) use existing spectrum more efficiently t
overcome the current spectrum shortage; (3) expand its LTE mobile broadband Internet se ice
to 97% ofAmerica including much ofrural America; and (4) provide better service to its
customers thereby giving its competitors an incentive to improve their service.
These benefits ofthe merger, ifthey come to pass, could improve mobile service t' r my
constituents and others throughout the nation. Any description ofthe evidence from the
congressional hearings that omits evidence ofthese benefits paints an incomplete picture. There
is at least as much evidence in the hearing record supporting the merger as opposing it.
Congress has a legitimate oversight role to play, and I hope you will appropriately
consider our input. But ultimately, the law charges your agencies with gathering all ofthe
relevant facts and deciding whether the transaction meets the relevant legal standards. As ou
continue your review, I urge you to carefully weigh all ofthe evidence, including the man
benefits ofthis transa"tion, before coming to a conclusion. A fair and thorough process tha
considers both sides ofthe story will yield the greatest benefit for consumers, and I trust th t you
will conduct one.
Thank you for your consideration ofmy views.
t~''iA
Ll-~
Chairman