KAY BAILEY HUTCHISON
TEXAS
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WASHINGTON, DC 20510-4304
December 19, 2011
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
Dear Chairman Genachowski:
COMMITTEES:
APPROPRIATIONS
COMMERCE, SCIENCE,
AND TRANSPORTATION
RULES AND ADMINISTRATION
The National Broadband Plan ("the Plan") released by the Commission last year set forth
a number ofimportant goals regarding wireless spectrum. As you know, I am working with my
colleagues to enact landmark spectrum legislation that would reallocate hundreds ofmegahertz
ofspectrum for mobile use and provide our nation's first responders with the spectrum and
resources they need to build a nationwide public safety wireless broadband network. While this
legislation would help meet many ofthe goals set forth in the Commission's National Broadband
Plan, there is much the Commission can also do to reach the goal ofmaking more spectrum
available for commercial mobile broadband services.
In particular, the following wireless transactions all involve companies seeking to deploy
mobile broadband services within underutilized and highly valuable spectrum blocks: the
AT&T/Qualcomm transaction, the DISH Network/DBSD/TerreStar acquisition, and the
announced Verizon/SpectrumCo transaction.' I urge the Commission to move expeditiously in
its consideration ofthese transactions.
Mobile broadband is proving to be a disruptive technology that is transforming our world,
and the demand for wireless services is growing at a rapid rate. The Commission recognized this
when it established in the Plan a headline goal ofmaking 500 megahertz available for mobile use
by the year 2020. As stated in the Plan, ifgovernment fails to free up adequate spectrum to meet
growing demand, the cost "may be higher prices, poorer service, lost productivity, loss of
competitive advantage and untapped innovation."
Most ofthe spectrum involved in the aforementioned transactions is fallow and currently
providing little to no value for consumers. Ifthe circumstances warrant the Commission to find
that opening up these bands to terrestrial broadband services is in the public interest, these
proceedings could go a long way toward reaching the 500 megahertz target. I take no position
on the merits ofthe individual transactions, as I recognize that each proceeding has unique
circumstances that require the Commission to carefully consider each one on an individual basis.
I While the parties involved in the announced Verizon/SpectrumCo transaction have not yet formally filed a transaction application with the
Commission, it is my understanding that the parties intend to do so in the near future.
Web=http://hutchison.senate.gov
1702
The Honorable Julius Gcnachowski
Decembcr 19, 20 II
Pagc 2
Instead, I urge thc Commission to move as quickly as possible to complete its appropriate revicw
or these transactions in ordcr to further the goals of the National Broadband Plan and to foster
more innovation and investment in the highly competitive and dynamic wireless marketplacc.
Please trcat this Icttcr in conformance with all applicable procedural rulcs and ethical
guidelines.
Sinccr Iy,
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KAY BAILEY HUTCHISON
United States Senator
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