As a leading innovator and implementer of standardized technologies in the telecommunications field, and as a longstanding participant in various standards-setting organizations ("SSOs"),
The wireless communications industry, even more so than other high-technology industries, relies heavily on industry-wide standards that ensure interoperability between wireless devices (e.g., cell phones, laptops, tablets) and networks. The standards-setting process more generally brings many procompetitive benefits, including interoperability, economies of scale, and increased economic efficiency.
These standards are developed through a collaborative and consensus-driven process that balances the varied interests of industry participants. The process and trade-offs involved in standards-setting ensure that those that contribute technologies to standards are adequately rewarded for their technical contributions, while ensuring that all standards implementers can receive the licenses necessary for them to practice the standard and have access to any technology incorporated therein.
The experience of the wireless communications industry confirms the procompetitive objectives of standards-setting, and their realization in practice. The wireless communications industry is among the most innovative and dynamic industries ever. New devices are continually introduced in the market in rapid succession, with ever-increasing functionality, based upon expanding technological capabilities and performance, yet at lower cost. New entrants appear frequently, from all parts of the globe. And the claims of "hold up" that one regularly hears from companies that have not contributed significantly to the standards-based foundation of the industry are not supported by evidence.
For these reasons, there is no reason for legislative action to disturb the careful balance already extant in the industry, and, in fact, legislative action in this area risks unintended consequences that could be damaging to the inventive spirit that has long set
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