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November 22, 2010
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chairman Genachowski:
We are writing to urge the Commission to act swiftly to adopt its proposed wireless data
roaming rule. By promoting competition and increased investment in the wireless industry, this
rule will greatly benefit consumers.
As you know, the FCC has already adopted a voice roaming rule. The Commission must
keep pace with changes in technology and the marketplace by simply extending this rule to data
services. With the explosive growth ofmobile broadband, the extension ofthe FCC's voice
roaming rule to data services is both necessary and timely. Today Americans use their mobile
devices for more than simply making phone calls, and people expect their mobile services to
work when they travel away from home. Voice service itself is increasingly becoming a data
application, so a roaming rule that does not include data will ultimately inhibit voice roaming.
Without a data roaming rule, the large carriers have a clear economic incentive to deny
data roaming to competitors. This unduly harms consumers by impeding competition and choice
for consumers. Increased consolidation in the wireless industry has exacerbated this problem by
reducing the total number ofroaming partners and forcing smaller and rural carriers to become
even more dependent on the two dominant wireless carriers.
The FCC's data roaming proposal will spur investment in new wireless infrastructure.
With the certainty ofdata roaming on fair terms and conditions, carriers will be able to compete
more effectively by enabling their customers to use their smartphones wherever they travel. That
in tum will give carriers the resources and the confidence to continue to invest in their
businesses. As the FCC has found, few ifany carriers provide ubiquitous nationwide service
entirely through their own facilities, particularly in the initial stages ofconstruction and in rural
areas. For wireless providers to compete, they must be able to offer seamless access to data
services, just as they can now offer seamless access to voice services.
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The FCC has clear authority to adopt its data roaming proposal under its Title I ancillary
authority, under its Title II authority over telecommunications services or under its Title III
plenary authority over radio communications. In the interests ofconsumers and competition, we
respectfully request the Commission act this year to adopt this proposal.
Please associate this letter with the appropriate FCC docket.
Sincerely,
~~~Edward J. Mar y