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[email protected] February 14, 2011 57739.00060 Chairman Julius Genachowski Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: GN Docket No. 09-191 (Preserving the Open Internet); WC Docket No. 07-52 (Broadband Industry Practices) Dear Chairman Genachowski: MetroPCS Communications, Inc., on its own behalf and on behalf of its licensee subsidiaries (collectively, “MetroPCS”), hereby responds to (1) the letter to you, dated January 10, 2011, signed by M. Chris Riley as counsel for Free Press (“FP”)1 and (2) the letter to you, dated January 21, 2011, from Consumers Union and the Consumer Federation of America (collectively, “CU”).2 The letters ask the Commission to investigate whether certain 4G LTE data plans that MetroPCS began offering on January 3, 2011 violate the rules set forth in the Commission’s recently released Net Neutrality (or Open Internet) Order. As is set forth in greater detail below, the innovative pro-consumer, pro-competitive broadband data offerings of MetroPCS are fully compliant with both the letter and the spirit of the Net Neutrality Order. 3 1 The “FP Letter.” The FP Letter also makes reference to the Center for Media Justice, Media Access Project, the New America Foundation and Presente.org. 2 The “CU Letter.” 3 Preserving the Open Internet; Broadband Industry Practices, Report and Order, GN Docket No. 09-191, WC Docket No. 07-52, FCC 10-201 (rel. Dec. 23, 2010) (the “Order”); see also Part 8 of Title 47 of the Code of Federal Regulation. As an initial matter, the rules promulgated in the Order do not become effective until 60 days following the Federal Register publication of the Office of Management and Budget’s (“OMB”) approval of the information collection requirements of the Order.