Sprint Stephen Bye January 15, 2015 The Honorable Thomas Wheeler Chairman Federal Communications Commission - 445 12?h Street, SW. Washington, DC. 20554 Re: In the Matter of Protecting and Promoting the Open Internet, GN Docket No. 14-28. Dear Chairman Wheeler: Over the past several weeks, public interest groups, mobile and wireline carriers, industry associations, and government entities have debated heatedly the appropriate legal basis for the authorization of net neutrality rules. The debate has focused on whether data services should be governed by Title II or Section 706 of the Communications Act. Regardless of the legal grounds proposed, Sprint has emphasized repeatedly that net neutrality rules must give mobile carriers the flexibility to manage our networks and to differentiate our services in the market. With that said, Sprint does not believe that a light touch application of Title including appropriate forbearance, would harm the continued investment in, and deployment of, mobile broadband services. When ?rst launched, the mobile market was a licensed duopoly. This system was a failure, resulting in slow deployment, high prices and little innovation. In 1993, Congress revised the Telecommunications Act to allow new carriers, including Sprint, to enter the market. This competition resulted in tremendous investment in the wireless industry, broader deployment, greater innovation, and falling prices. It is absolutely true that this explosion of growth occurred under a light touch regulatory regime. Some net neutrality debaters appear to have forgotten, however, that this light touch regulatory regime emanated from Title II common carriage regulation, including Sections 201, 202 and 208 of the Communications Act. With the deployment of I895 data services in 1999, Sprint was one of the ?rst wireless carriers in the United States to deploy mobile data service on a national scale. Sprint went on to upgrade these data services to 13-2000 in 2002, Rev 0 in 2004, and Rev A in 2006. Sprint made these investrnents despite the fact that the FCC had not yet declared mobile broadband to be an information service. Sprint and other wireless carriers have continued to invest in the advancement of mobile data services with the deployment of LT networks. So long as the FCC continues to allow Letter to Chairman Wheeler January 15, 2015 Pg. 2 wireless carriers to manage our networks and differentiate our products, Sprint will continue to invest in data networks regardless of whether they are regulated by Title II, Section 706, or some other light touch regulatory regime. Sprint has always believed that competition, not regulation, will provide consumers the best mobile services at the lowest price. We urge the FCC and Congress not to be distracted by debates over Title II but to focus on competition by ensuring that any net neutrality regulations adopted recognize the unique network management challenges faced by mobile carriers and the need to allow mobile carriers the flexibility to design products and services to differentiate ourselves in the market. Sincerely, we Stephen Bye Chief Technology Of?cer Cc: Commissioner Clyburn Commissioner Rosenworcel Commissioner Pai Commissioner O?Reilly