Qrnngress nf Ufe lftniteil §tates masl1illgtOll, IDQr 20515 September 22, 2011 The Honorable Eric Holder, Attorney General U.S. Department ofJustice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 The Honorable Julius Genachowski, Chairman Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Dear Attorney General Holder and Chairman Genachowski: As the committee ofjurisdiction for the communications and technology sectors, as well as the Federal Communications Commission, the Energy and Commerce Committee has been closely following the proposed acquisition ofT-Mobile USA by AT&T, a transaction that could have sweeping impacts on the communications and technology landscape and the larger U.S. economy. With America's unemployment rate languishing over nine percent and the economy struggling to recover, our Committee has focused its efforts on encouraging job creation and economic growth. We have been actively monitoring the debates surrounding this acquisition to better understand its impacts onjobs, economic growth and competition. In challenging economic times, we need to be especially thoughtful in our approach to private sector investments and potential job growth as we can ill afford to lose valuable opportunities when they arise. In addition, to the extent that either ofyour agencies believes that the transaction should be approved subject to certain conditions, such conditions should only impact the parties to the transaction and be narrowly tailored to address any specific harm directly attributable to the transaction. Sincerely, ADAM KINZINGER Member ofCongress PAINTED ON RECYCLED PAPER 1328 ~VESCALISE Member ofCongress BRETT GUTHRIE Member ofCongress