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Taxpayers Protection Alliance

June ll, 2013

United States International Trade Commission Ofce of the Secretary 500 E Street, SW Washington, DC 20436
Dear Acting Secretary Barton:

The Taxpayers Protection Alliance submits these comments in response to the Notice of Commission Decision to Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions issued by the United States International Trade Commission in the matter of Electronic Digital Media Devices, Inv. No. 337-TA-796 on May 28, 2013.

The Taxpayers Protection Alliance (TPA) believes in the importance of intellectual property, and harboring an environment that inspires new ideas, inventions, and designs. However, Webelieve that excluding smartphone devices om the U.S. markets has gone too far. The impacts will be felt most by consumers and innovators.
I. RESTRICTING SMARTPHONE DEVICES IN THE U.S. WILL SUPPRESS INNOVATION

Advances in technology and access to 4G Internet are driving designers and manufacturers to create new, exciting devices. Samsung is a leader in this space and the largest srnartphone manufacturer in the United State by market share. Preventing certain Samsung smartphone devices from entering the country will indicate that new ideas and inventions are not supported, even though that is not the intention.
TPA is concerned that an exclusion ruling on Samsung devices by the Commission in ITC case 337-TA-796 will only delay the strides that are being made in technology as it relates to mobile devices and broadband access.

II.

CONSUMER COSTS WILL INCREASE AND ECONOMIC IMPACTS COULD BE SUBSTANTIAL

If you walk into the smartphone section of a retail store today, you will see dozens of options with an array of prices and capabilities. Consumers with limited purchasing capacity have the options for modern phones that meet their needs and are within budget.

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Samsung is the largest manufacturer on the market that offers more affordable 4G smartphones. Should these devices be removed from the market, analysts predict it will take a year or more to replenish the existing number of available devices. Samsung is Apples largest competitor in the United States, and preventing its devices from entering the marketplace will open the door for Apple to obtain more of the market share and push smaller competitors out.
Businesses today are on the go and rely heavily on innovative technology, smartphone capabilities, and 4G access. Headquarters can assign employees closest to a job by using GPS capabilities, colleagues can conference clients on-demand While visiting a site, and medical personnel can access data and connect quickly in emergencies.

The capabilities that smartphones and 4G Internet offer are seemingly limitless. Stiing competition in the marketplace by limiting Samsung devices will only delay progress. Competition will decrease and prices of mobile devices and 4G plans Willrise. Smaller smartphone manufacturers Wontbe able to compete, not to mention afford litigation costs associated with competing, and startups will have little to no chance.
III. CLOSING COMMENTS

TPA submits these comments out of concern for business and individual consumers. Intellectual property is exceptionally important, but this case has taken the competition too far. An all-inclusive exclusion order on Samsung could severely impact the market and consumers will pay the price.

R pectfully,

David Williams President Taxpayers Protection Alliance 108 N. Alfred Street, Lower Level Alexandria, VA 22314