BRIAN HIGGINS 27TH DISTRICT, NEW YORK COMMITTEE ON HOMELAND SECURITY SUBCOMMITTEE ON BORDER AND MARITIME SeCURITY SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE COMMITTEE ON FOREIGN AFFAIRS SUBCOMMITTEE ON THE MIDDLE EAST AND SOUTH ASIA SUBCOMMITTEE ON TERRORISM, NONPROLIFERATION AND TRADE REVITALIZING OLDER CITIES TASK FORCE CO-CHAIR ((ongre~gof tbe Wniteb~tateg J}OU~tofl\tprt~tntatibt~ mta~bington.jDQ[: 20515-3227 March 12, 2012 WASHINGTON OFFICE: 2459 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515 1202) 225-3306 (202) 226-0347 (FAX) WESTERNNEW YORK OFFICES: LARKIN BUILDING 726 EXCHANGE STREET SUITE 601 BUFFALO, NY 14210 (716) 852-3501 (716) 852-3929 (FAX) FENTON BUILDING 2 EAST 2ND STREET SUITE 300 JAMESTOWN, NY 14701 (716) 484-0729 (716) 484-1049IFAX) higgins.house.gov Chairman Julius Genachowski Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Chairman Genachowski, I write to express my concerns with the recent partnership proposal between CellCo Partnership and Verizon Wireless. I would like to associate my comments with others in reference to Docket number 12-4 that the FCC is currently receiving public comments on. This merger represents an exciting opportunity to expand the Verizon FiGS network while creating new jobs and opportunities for great broadband access and cable coverage. My concern is that the benefits and opportunities are maximized for the residents ofmy district in the City ofBuffalo. Buffalo is the second largest city in New York and represents a dynamic economy that is integral to cross border trade with Canada. Despite having a thriving medical research community, a vibrant banking sector, and a strong manufacturing base, broadband and cable infrastructure has lagged in certain parts ofthe City ofBuffalo. Verizon specifically has expanded its FiGS network to ten suburbs ofthe Buffalo area but has not built into our urban neighborhoods. This situation has created an unbalanced market for cable and broadband services in the City of Buffalo with little competition. A merger between CellCo and Verizon could continue this trend rather than alleviate concerns. Verizon might have little incentive to compete with its new partner by building a vibrant FiGS network in the City ofBuffalo. Lack ofcompetition drives up prices and reduces the quality of service making it more and more difficult to take advantage ofbroadband and cable services. The Internet has become a driving force in economic empowerment. It has provided services to small businesses, schools, hospitals and manufactures that have allowed them to succeed in an increasingly competitive global market. Broadband networks like Verizon FiGS provide high speed access to education tools, data, and market research necessary for all communities to diversify their economics and fit in to a global economy. It follows that denial ofthese services or monopolies on access create a situation that harms those communities that bear the brunt of limited competition. PRINTEDON RECYCLED PAPER 0336 Increased competition and access to these essential services should be promoted by our federal, state and local policies. When the private market places barriers to access or competition fails to produce outcomes that serve the greatest number ofpeople we can only conclude that steps must be taken to alleviate those impediments. I ask that you thoroughly examine the potential impact ofthis merger on competition in the City ofBuffalo while taking into account access to communities that are currently underserved. Sincerely, ~A,v~ BRIAN HIGGINS Member ofCongress