November 13, 2013 United States International Trade Commission Office of the Secretary 500 E Street, SW Washington, DC 20436

Dear Office of Secretary Barton: I am writing you in response to the Notice of Request for Statements on the Public Interest issued by the United States International Trade Commission in the matter of Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof, Inv. No. 337-TA-847 on October 18, 2013 (the Commission Request). The Hispanic Leadership Fund is a non-partisan advocacy group dedicated to strengthening working families and promoting common-sense public policy based on limited government and individual liberty. We believe strongly in the benefits increasing broadband access has for all Americans, especially for communities affected by the digital divide. Mobile Internet connectivity is clearly important to the Hispanic community. Mobile connectivity has been critical in closing the digital divide, but it will mean nothing if Hispanic consumers do not have reasonable access to 4G-enabled smart phones. A broad exclusion order in ITC case 337-TA847 could severely hinder affordable smart phone options for all mobile broadband adopters. Many consumers use smartphones as their primary means for accessing the Internet. According to Pew data, 86 percent of Hispanics said they owned a cell phone in 2012, which is 10 percent more than 2009. Seventy-six percent of these users access the Internet primarily through their mobile devices. The use of smartphones is becoming ubiquitous, and thus everyone benefits from a greater choice of devices. We believe that an exclusion order will lead to reduced competition, increased prices, diminished service, and decreased consumer access to important technology. Many Hispanics seek out HTC products for their advanced features and functionality. There would be an inevitable loss of consumer choice for smartphones if the ITC issues an Exclusion Order against HTC smartphones. HTC provides consumers with more choices at a lower cost, and induces other manufacturers to provide high-end features in lower price point products, all to the benefit of U.S. consumers, including Hispanics. The ramifications of an exclusion order issued here could go well beyond just affecting HTCs products because allegations of infringement are based on HTCs use of industry-leading Qualcomm chips in their products. If the Commission excludes HTCs products, based on HTCs off-the-shelf purchase of Qualcomm transceiver chips, we believe Nokia will be free to seek the exclusion of other manufacturers products that use the same technology, thereby potentially depriving consumers of significant choices in the mobile device market. We do not believe that it is in the public interest to completely prevent consumers from accessing the most innovative technologies.
HispanicLeadershipFund.org 1001 G Street, NW Suite 800 Washington, DC 20001

Wireless broadband access is an essential part of the lives of millions of Hispanics in the U.S., and their adoption of wireless technology is outpacing the general population. This access encourages competition and affordable prices for all consumers. The Commission should refrain from issuing an order that could blunt the tremendous progress the Hispanic community has made in leveraging wireless broadband to close the digital divide. Sincerely,

Mario H. Lopez President

HispanicLeadershipFund.org 1001 G Street, NW Suite 800 Washington, DC 20001