OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13,2010 The Honorable Joe Barton Ranking Member Committee on Energy and Commerce U.S. House of Representatives 2322 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Barton: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Joe Barton Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, --------_... . OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13, 2010 The Honorable Cliff Steams Ranking Member Subcommittee on Communications, Technology, and the Internet Committee on Energy and Commerce U.S. House of Representatives 2370 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Steams: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the argumentsan~options. I want to assure you that the Page 2-The Honorable Cliff Steams Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ---........-..._- . Federal Communications Commission Washington, D.C. December 13, 2010 OFFICE OF THE CHAIRMAN The Honorable Fred Upton U.S. House of Representatives 2183 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Upton: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title ill and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title ill of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Fred Upton Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, _................_- . Julius Genachowski Federal Communications Commission Washington, D.C. December 13,2010 OFFICE OF THE CHAIRMAN The Honorable Marsha Blackburn U.S. House of Representatives 217 Cannon House Office Building Washington, D.C. 20515 Dear Congresswoman Blackburn: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Marsha Blackburn Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, · .c:=....-.-...-- Julius Genachowski • OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13,2010 The Honorable Mary Bono Mack U.S. House of Representatives 104 Cannon House Office Building Washington, D.C. 20515 Dear Congresswoman Bono Mack: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's reVIew. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as CleaIwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Mary Bono Mack Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ----------- . OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13, 2010 The Honorable Phil Gingrey U.S. House of Representatives 119 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Gingrey: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Phil Oingrey Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ... 'l'C:: O h ki u IUS enac ows • Federal Communications Commission Washington, D.C. December 13,2010 OFFICE OF THE CHAIRMAN The Honorable Ralph M. Hall Ranking Member Committee on Science U.S. House of Representatives 394 Ford House Office Building Washington, D.C. 20515 Dear Congressman Hall: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authOlity to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Ralph M. Hall Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ·'c::=-----~­ Julius Genachowski • Federal Communications Commission Washington, D.C. December 13,2010 OFFICE OF THE CHAIRMAN The Honorable Tim Murphy U.S. House of Representatives 322 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Murphy: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's reVIew. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title ill of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the argumentsan~options. I want to assure you that the Page 2-The Honorable Tim Murphy Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ·.:e::~~­ Julius Genachowski • Federal Communications Commission Washington, D.C. December 13, 2010 OFFICE OF THE CHAIRMAN The Honorable Steve Scalise U.S. House of Representatives 429 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Scalise: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's reVIew. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the argumentsan~options. I want to assure you that the Page 2-The Honorable Steve Scalise Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, ·'.c::------- Julius Genachowski • OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13, 2010 The Honorable John Sullivan U.S. House of Representatives 434 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Sullivan: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority :under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable John Sullivan Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, • OFFICE OF THE CHAIRMAN Federal Communications Commission Washington, D.C. December 13,2010 The Honorable Lee Terry U.S. House of Representatives 2331 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Terry: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I and II of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Lee Terry Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, Julius Genachowski Federal Communications Commission Washington, D.C. December 13,2010 OFFICE OF THE CHAIRMAN The Honorable Ed Whitfield U.S. House of Representatives 2411 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Whitfield: Thank you for your letter expressing concern about the possible adoption of roaming obligations in the wireless data roaming proceeding, and expressing special interest in the Commission's statutory authority to adopt such obligations. Your views are very important and will be included in the record of the proceeding and considered as part of the Commission's review. Earlier this year, the Commission sought comment on data roaming and the extent of its authority to impose data roaming obligations on wireless service providers. In the Notice, the Commission stated its belief that regardless of whether the services a subscriber would access through roaming arrangements are telecommunications services or information services, the Commission has statutory authority to require automatic roaming for them. The Notice stated that if these services are telecommunications services, they could be subject to roaming obligations pursuant to Commission authority under Title II and Title III, and if they are information services, the Commission has the authority to promulgate roaming requirements under Title III and other provisions. The Commission received a substantial record with respect to its statutory authority. Proponents of data roaming, such as Clearwire, SouthernLINC, T-Mobile USA, and U.S. Cellular, assert that the Commission's legal authority under Title III of the Communications Act to manage radio spectrum provides the Commission with a sufficient legal basis to require any entity utilizing radio spectrum to make available data roaming to other wireless service providers. Some proponents, including Cellular South, Leap Wireless, and MetroPCS, argue that the Commission also has authority under Title I andI~of the Act. In contrast, AT&T and Verizon Wireless argue that the Commission lacks the legal authority to require data roaming under any provision of the Communications Act. There is also a dispute over the application of Section 332 of the Communications Act to data roaming. The data roaming proceeding remains pending, and the staff is still in the process of reviewing the record and analyzing the arguments and options. I want to assure you that the Page 2-The Honorable Ed Whitfield Commission will weigh carefully the legal and policy issues raised in the record before issuing a decision. Please let me know if I can be of any further assistance. Sincerely, --------- .