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1>> WELCOME TO THE DECEMBER 2017 
2MEETING OF THE FCC.
3MADAM SECRETARY.
4>> THE PURPOSE OF THE OPEN 
5MEETING IS FOR THE COMMISSION TO 
6CONSIDER THE MATTER THAT HAS 
7BEEN DULY POSTED IN ACCORDANCE 
8WITH THE GOVERNMENT AND THE 
9SUNSHINE ACT.
10AS PROVIDED IN THE COMMISSION'S 
11RULES MEMBERS OF THE PUBLIC ARE 
12INVITED TO OBSERVE WHICH 
13INCLUDES ATTENDING, LISTENING, 
14AND TAKING NOTES BUT DOES NOT 
15INCLUDE PARTICIPATING IN THE 
16MEETING OR ADDRESSING THE 
17COMMISSION.
18ACTIONS THAT PURPOSELY INTERFERE 
19OR ATTEMPT TO INTERFERE WITH THE 
20COMMENCEMENT OR CONDUCT OF THE 
21MEETING OR INHIBIT THE AUDIENCES 
22ABILITY TO OBSERVE OR LISTEN TO 
23THE MEETING INCLUDE ATTEMPTS BY 
24AUDIENCE MEMBERS TO ADDRESS THE 
25COMMISSION WHILE THE MEETING IS 
26IN PROGRESS ARE NOT PERMITTED.
27ANY PERSON ENGAGING IN SUCH 
28BEHAVIOR WILL BE ASKED TO LEAVE 
29THE BUILDING.
30ANYONE WHO REFUSES TO LEAVE 
31VOLUNTARILY WILL BE ESCORTED 
32FROM THE BUILDING.
33ADDITIONALLY DOCUMENTS PRESENTED 
34TO THE CHAIRMAN, COMMISSIONERS 
35OUR STAFF DURING THE MEETING 
36WILL NOT BECOME PART OF THE 
37OFFICIAL RECORD OF ANY 
38COMMISSION PROCEEDING NOR WILL 
39THEY REQUIRE FURTHER ACTION BY 
40THE COMMISSION.
41IF YOU WISH TO COMMENT ON AN 
42ONGOING PROCEEDING BEFORE THE 
43COMMISSION, PLEASE VISIT OUR 
44WEBSITE FOR MORE INFORMATION.
45THANK YOU FOR YOUR COOPERATION.
46FOR TODAY'S MEETING YOU WILL 
47HEAR SEVEN ITEMS FOR YOUR 
48CONSIDERATION.
49FIRST, YOU WILL CONSIDER
50Report and Order that would
51amend the Commission’s Emergency
52Alert System (EAS)
53Rules to add a dedicated event
54code to facilitate the delivery
55of Blue Alerts over the EAS and
56Wireless emergency Alert system.
57Blue Alerts can deliverA.
58The Commission will consider a
59notice of Proposed Rulemaking
60and Order to strengthen the
61Rural Health Care Program and
62improve access to telehealth in
63rural America.THIRD, YOU WILL CONSIDER
64public Notice seeking input on a
65draft Program comment addressing
66the historic preservation review
67requirements for collocating
68wireless communications
69facilities on certain
70communications towers.A.
71FOURTH YOU WILL CONSIDER A 
72DECLARATORY RULING, REPORT AND 
73ORDER THAT WILL RESTORE INTERNET 
74FREEDOM BY 
75SERVICE CLASSIFICATION OF MOBILE 
76BROADBAND INTERNET ACCESS 
77SERVICE.
78THE ITEM ALSO WILL ELIMINATE THE 
79COMMISSION'S VAGUE AND EXPENSIVE 
80INTERNET CONDUCT STANDARD, ALONG 
81WITH THE BRIGHT LINE RULES 
82ADDITIONALLY IT WILL MODIFY THE 
83TRANSPARENCY ROSE TO PROMOTE 
84ADDITIONAL TRANSPARENCY WHILE 
85ELIMINATING BURDENSOME AND 
86UNNECESSARY REQUIREMENTS.
87FIFTH, YOU WILL CONSIDER
88Report and Order to harmonize
89the Commission’s.
90Rules by eliminating the
91commercial mobile radio.
92Service (CMRS) presumption, to
93be consistent with.
94Our flexible use approach to
95licensing.A SIXTH YOU WILL CONSIDER
96notice of Proposed Rulemaking
97seeking comment on ways to
98modernize certain notice
99provisions in 3 Part 76 of the
100FCC’s Rules governing
101multichannel video and cable
102television service.A SEVENTH, YOU WILL CONSIDER
103notice of Proposed Rulemaking
104seeking comment on whether to
105modify, retain or eliminate the
10639 percent national audience
107reach cap and/or the UHF
108discount used by broadcast
109television station groups to
110calculate compliance with the
111cap.A THIS IS YOUR AGENDA FOR TODAY.
112THE FIRST ITEM TODAY WILL BE 
113PRESENTED BY THE PUBLIC SAFETY 
114AND HOMELAND SECURITY BUREAU AND 
115IS ENTITLED AMENDMENT OF PART 11 
116OF THE COMMISSION'S RULES 
117REGARDING EMERGENCY ALERT 
118SYSTEMS.
119LISA FOWLKES, CHIEF OF THE 
120BARREL WILL GIVE THE 
121INTRODUCTION.
122>>CHAIRMAN PAI:  THANK YOU.
123CHIEF FOLKS, IF YOU'RE READY THE 
124FLOOR IS YOURS.
125>> THANK YOU.
126GOOD MORNING MR. CHAIRMAN, 
127COMMISSIONERS, HAPPY THURSDAY 
128AND HAPPY HOLIDAYS.
129THE PUBLIC SAFETY AND HOMELAND 
130SECURITY BUREAU IS PLEASED TO 
131PRESENT A REPORT IN ORDER THAT 
132WOULD ADD A NEW ALERT OPTION 
133CALLED A BLUE ALERTS TO THE 
134NATION'S EMERGENCY ALERT SYSTEM.
135LOO ALERTS CAN BE USED BY STATE 
136AND LOCAL AUTHORITY TO NOTIFY 
137THE PUBLIC OF THREATS TO LAW 
138ENFORCEMENT AND TO HELP 
139APPREHEND DANGEROUS SUSPECTS 
140SPECIFICALLY THE ORDER WOULD ADD 
141THE NEW THREE COUNTER EVENT CODE 
142EL YOU, BLUE, TO THE 
143COMMISSION'S EMERGENCY ALERT 
144SYSTEM RULES.
145THE BLU CODE WILL ALLOW A BLUE 
146ALERTS TO REACH TELEVISION RADIO 
147AND WIRELESS PHONES.
148AS I'VE MENTIONED PREVIOUSLY, I 
149AM THE GRANDDAUGHTER OF A FORMER 
150DETECTIVE IN THE PHILADELPHIA 
151POLICE DEPARTMENT AND I 
152APPRECIATE THE DANGER THAT LAW 
153ENFORCEMENT OFFICERS FACE EACH 
154DAY IN THE IMPORTANCE OF 
155PROTECTING THOSE WHO PROTECT US.
156TODAY'S ORDER WOULD SUPPORT THE 
157RAFFAELLA RAMOS NATIONAL BLUE 
158ALERTS ACT OF 2013 WHICH WAS 
159NAMED FOR THESE TWO FALLEN NEW 
160YORK CITY POLICE DETECTIVE 
161OFFICERS -- I'M SORRY, 
162DEPARTMENT OFFICERS.
163BEFORE WE PRESENT THE ITEM I 
164WOULD LIKE TO WELCOME THE FAMILY 
165AND COLLEAGUES OF THE LATE 
166DETECTIVES.
167WHO HAVE TRAVELED TO BE WITH US 
168TO GATE -- TODAY.
169FIRST, WE WILL HEAR TESTIMONY 
170FROM FAMILY MEMBERS OF THE LATE 
171DETECTIVE WHO ARE SEATED HERE 
172AND THE FATHER AND THEN THE 
173DETECTIVES WIFE WHO WILL PROVIDE 
174THE FAMILY SENTIMENTS IN 
175ENGLISH.
176ALSO SEATED WITH US THIS NYPD 
177SERGEANT WHO WILL SERVE AS 
178INTERPRETER AS NEEDED.
179NEXT WE WILL HEAR TESTIMONY FROM 
180THE WIFE OF THE LATE DETECTIVE 
181RAMOS.
182ALSO JOINING US AT THE TABLE IS 
183WILLIAM BILL JOHNSON EXECUTIVE 
184DIRECTOR OF THE NATIONAL 
185ASSOCIATION OF POLICE 
186ORGANIZATION'S, WHICH REPRESENTS 
187ABOUT 1,000 PROFESSIONAL POLICE 
188ASSOCIATIONS AND UNIT AND 
189241,000 OFFICERS THROUGHOUT THE 
190UNITED STATES.
191IT'S A MEMBER OF DEPARTMENT OF 
192JUSTICE IS BLUE ALERTS ADVISORY 
193GROUP.
194I WILL TURN IT OVER TO THE 
195DETECTIVE'S FATHER.
196>> [SPEAKING FOREIGN LANGUAGE]
197>> GOOD MORNING LADIES AND 
198GENTLEMEN.
199FIRST OF ALL, I WOULD LIKE TO 
200THANK YOU FOR HAVING US HERE 
201TODAY.
202AS A PARENT WE STRONGLY BELIEVE 
203WE HAVE THE SAFETY OF OUR LAW 
204ENFORCEMENT OFFICERS.
205THREE YEARS AGO THIS MONTH, MY 
206SON AND DETECTIVE RAMOSE DIED IN 
207THE LINE OF DUTY.
208THANK YOU FOR HONORING THEIR 
209NAME AND THEIR ACT.
210THIS IS THE BEST WAY TO REMEMBER 
211THEM.
212IN ADDITION, WE ARE ALSO 
213GRATEFUL TO ALL OF THE POLICE 
214OFFICERS AND CITIZENS WHO CARED 
215AND HELP US GET THROUGH THE PAST 
216THREE YEARS.
217WE ARE GRATEFUL FOR THE LOVE AND 
218HELP OF NYPD HAS GIVEN US.
219WE THANK YOU EVERYONE FOR 
220REMEMBERING OUR SON.
221WE WANT TO GIVE A THANKS TO THE 
222LAW ENFORCEMENT OFFICERS WHO PUT 
223THEIR LIVES ON THE LINE 
224PROTECTING US EVERY DAY.
225GOD BLESS AMERICA.
226THANK YOU.
227>> I WOULD LIKE TO START BY 
228SAYING AN IMMENSE THANK YOU TO 
229EVERYONE WHO HAS WORKED HARD TO 
230BRING ABOUT THE NATIONAL BLU 
231ALERTS ACT.
232THANK YOU TO ALL THE 
233COMMISSIONERS WHO WILL BE 
234CASTING A VOTE ON THIS VERY 
235IMPORTANT MATTER.
236I WOULD LIKE TO EXTEND MY 
237GRATITUDE TO THE FCC 
238COMMISSIONERS ALONG WITH THE 
239NATIONAL BLU ALERTS COORDINATING 
240-- SORRY, VINCE DAVENPORT OF THE 
241DEPARTMENT OF JUSTICE.
242I WOULD ALSO LIKE TO THANK 
243FORMER PRESIDENT BARACK OBAMA 
244AND JOE BIDEN FOR THEIR 
245HOSPITALITY AND FOR SIGNING -- 
246THE SIGNING OF THIS ACT IN 2005.
247MY HOPE IS THAT THIS ALERT WILL 
248PREVENT ANOTHER FAMILY FROM 
249HAVING TO ENDURE WHAT MY FAMILY 
250HAS HAD TO ENDURE IN THE PAST 
251THREE YEARS.
252I TRULY BELIEVE THAT THE WORK 
253THAT HAS GONE INTO MAKING THIS 
254POSSIBLE WILL SAVE OTHER OFFICER 
255LIVES.
256THANK YOU AND GOD BLESS YOU ALL.
257>> I WOULD NOW LIKE TO INTRODUCE 
258THE MEMBERS OF MY TEAM FROM THE 
259PUBLIC SAFETY AND HOMELAND 
260SECURITY BUREAU WHO ARE SEATED 
261HERE.
262 NICOLE MCGINNIS, DEPUTY CHIEF
263 GREGORY COOKE, DEPUTY CHIEF,
264 POLICY AND LICENSING DIVISION
265 LINDA PINTRO, ATTORNEY ADVISOR,
266 POLICY AND LICENSING DIVISION
267MISS CONTROL WILL PRESENT THE 
268ITEM.
269>> THANK YOU, GOOD MORNING 
270CHAIRMAN PAI AND COMMISSIONERS.
271S THE CHIEF MENTIONED IN TODAY'S 
272REPORT AND ORDER IT WOULD ADD A 
273NEW BLU ALERTS CODE, TO THE 
274CURRENT LIST OF AUTHORIZED CODES 
275IN THE EMERGENCY ALERT SYSTEM.
276THE REPORT AND ORDER FINDS THAT 
277THE EMERGENCY ALERT SYSTEM WOULD 
278BE AN EFFECTIVE MEANS OF 
279DELIVERING BLU ALERTS AND A 
280DEDICATED EVENT CODE WOULD 
281FACILITATE THE IMPLEMENTATION OF 
282BLU ALERTS IN A COMPATIBLE AND 
283UNIFORM MANNER NATIONWIDE.
284THIS REPORT AND ORDER ENABLES 
285BLU ALERTS TO BE DELIVERED OVER 
286THE WIRELESS EMERGENCY ALERT 
287SYSTEM.
288AS WITH AMBER ALERTS AND WEATHER 
289ALERTS, IT WOULD BE VOLUNTARY 
290FOR STATE AND LOCAL OFFICIALS TO 
291SEND BLU ALERTS AND VOLUNTARY 
292FOR BROADCASTERS AND OTHER 
293EMERGENCY ALERT SYSTEM 
294PARTICIPANTS TO CARRY THEM.
295SPECIFICALLY THIS REPORT AND 
296ORDER ESTABLISHES THAT A BLU 
297ALERTS COULD BE ISSUED WHEN A 
298LAW ENFORCEMENT OFFICER IS 
299MISSING, SERIOUSLY INJURED OR 
300KILLED IN THE LINE OF DUTY OR 
301THERE IS AN IMMINENT INCREDIBLE 
302SHORT-TERM THREAT TO CAUSE DEAF 
303OR SERIOUS INJURY TO AN OFFICER.
304THE SUSPECT MUST STILL BE AT 
305LARGE AND THERE MUST BE 
306SUFFICIENT DESCRIPTION OF THE 
307SUSPECTS FOR THE INFORMATION TO 
308BE ACTIONABLE.
309THIS REPORT AND ORDER ENCOURAGES 
310STAKEHOLDERS TO WORK TOGETHER 
311VOLUNTARILY TO IMPLEMENT BLU 
312ALERTS AS SWIFTLY AS POSSIBLE 
313AND A SCHEDULE OF 12 MONTHS FROM 
314THE EFFECTIVE DATE OF THE RULES 
315TO ENABLE THE DELIVERY OF BLU 
316ALERTS OVER THE EMERGENCY ALERT 
317SYSTEM AND A PERIOD OF 18 MONTHS 
318FROM THE EFFECTIVE DATE OF THE 
319RULES TO ENABLE THE DELIVERY OF 
320BLU ALERTS OVER THE WIRELESS 
321EMERGENCY ALERT SYSTEM.
322THIS IMPLEMENTATION SCHEDULE 
323WOULD ENSURE THAT ALL 
324STAKEHOLDERS HAVE SUFFICIENT 
325TIME TO ADDRESS TECHNICAL, 
326RESOURCE AND TRAINING NEEDS FOR 
327THE SUCCESSFUL DELIVERY OF BLU 
328ALERTS.
329THE BARROW RECOMMENDS ADOPTION 
330OF THE ITEM AND REQUEST 
331EDITORIAL PRIVILEGES EXTENDING 
332ONLY TO TECHNICAL AND CONFORMING 
333EDITS.
334THANK YOU.
335>>CHAIRMAN PAI:  THANK YOU FOR 
336THAT PRESENTATION AND THANKS AS 
337WELL -- A HEARTFELT THANK YOU TO 
338OUR OTHER COLLEAGUES ON THE 
339BENCH FOR YOUR STATEMENTS AS 
340WELL.
341WE RETURN TO COMMENTS FROM THE 
342BENCH BEGINNING WITH 
343COMMISSIONER CLYBURN.
344>>COMMISSIONER CLYBURN:  THANK 
345YOU, MR. CHAIRMAN.
346MR. LU, MISS CHEN, MISS RAMOSE, 
347MR. LOU, I DID NOT NEED A 
348TRANSLATOR TO UNDERSTAND YOU 
349THIS MORNING.
350I WANT TO THANK ALL OF YOU FOR 
351TRAVELING TO DC TO TAKE PART IN 
352THIS EVENT.
353YOUR SON, YOUR HUSBAND, SERVED 
354THEIR COMMUNITIES WITH GREAT 
355HONOR, DEDICATION, AND COURAGE.
356I HAVE NO REAL WORDS TO COMFORT 
357YOU BUT I AM PLEASED TO BE ABLE 
358TO HONOR YOU IN A SMALL WAY WITH 
359THE ADOPTION OF A RULE TO 
360PROMOTE AND ALERT WHERE THERE IS 
361AN INCREDIBLE THREAT AGAINST A 
362LAW ENFORCEMENT OFFICER, WE 
363HONOR THEIR MEMORIES THIS 
364MORNING AND TAKING AN IMPORTANT 
365STEP TO ENSURE THAT THIS AGENCY 
366WHOSE NUMBER ONE MISSION IS 
367PUBLIC SAFETY THAT WE WILL AID 
368YOU, AID THEIR FELLOW OFFICERS 
369WHEN THEY ARE IN THE LINE OF 
370DUTY.
371AN ESTIMATED 240 MILLION CALLS 
372ARE MADE TO 9-1-1 CENTERS EACH 
373YEAR BUT WHEN THE NEED ARISES 
374FOR ONE OF US TO MAKE THAT 
375DREADED CALL FOR HELP, IT IS OUR 
376NATION'S FIRST RESPONDERS, YOUR 
377HUSBAND, YOUR SON DEDICATED 
378THEMSELVES.
379THEY STEPPED UP, THE OFFICER 
380STEPPED UP OFTEN AT GREAT RISK 
381TO THEIR OWN PERSONAL SAFETY IN 
382ORDER TO ENSURE OUR SAFETY.
383FOR THAT WE WILL ALWAYS BE 
384INDEBTED.
385SO I AM THANKFUL TO BE ABLE TO 
386SHOW MY SUPPORT FOR THEM TO YOU 
387THROUGH TODAY'S ORDER WHICH 
388REVISES THE COMMISSIONS 
389EMERGENCY ALERT SYSTEM OR EAS 
390RULE ADDING A THREE CHARACTER 
391BLU ALERTS EVENT CODE IS AMONG 
392THE MOST EFFECTIVE MEANS TO 
393SHARE VITAL INFORMATION IN 
394CRITICAL SITUATIONS INVOLVING 
395THE SERIOUS INJURY OR DEAF OF A 
396LAW ENFORCEMENT OFFICER IN THE 
397LINE OF DUTY.
398IT IS A MOST EFFECTIVE MEANS TO 
399PROVIDE AID TO AN OFFICER WHO 
400MAY BE MISSING IN THE CONNECTION 
401OF THEIR DUTY OR AN IMMINENT OR 
402CREDIBLE THREAT THAT AN 
403INDIVIDUAL INTENDS TO CAUSE 
404SERIOUS INJURY TO OR TO HARM A 
405POLICE OFFICER.
406THESE WORDS ON THE PAGE SEEMS SO 
407EASY TO READ BEFORE MEETING YOU 
408THIS MORNING.
409BUT IT IS IMPORTANT THAT WE DO 
410OUR PART AS A COMMISSION TO 
411UPDATE THIS EAS SYSTEM TO 
412FACILITATE BROADER DISSEMINATION 
413OF INFORMATION THAT CAN HELP 
414KEEP OUR FIRST RESPONDERS SAFE.
415AS THE CITY OF NEW YORK AT THE 
416NATIONAL ASSOCIATION OF 
417BROADCASTERS HAVE POINTED OUT, 
418ISSUING THE BLU ALERTS VIA THIS 
419EAS SYSTEM HAS THE ADDED BENEFIT 
420OF FURTHER PROTECTING THE PUBLIC 
421FROM VIOLENT SUSPECTS.
422I WANT TO THANK LISA, LINDA, THE 
423PUBLIC SAFETY AND HOMELAND 
424SECURITY BUREAU FOR THEIR WORK 
425ON THIS IMPORTANT ITEM BUT I 
426WANT TO THANK THE THREE OF YOU 
427SUPPORTED BY YOUR LAW 
428ENFORCEMENT FAMILY FOR COMING 
429HERE AND REMINDING US OF JUST 
430HOW IMPORTANT, HOW VITAL OUR 
431WORK IS, OUR COMMITMENT IS TO 
432EACH AND EVERY ONE OF YOU IN 
433THIS ENTIRE NATION.
434THANK YOU VERY MUCH.
435>>CHAIRMAN PAI:  THANK YOU, 
436COMMISSIONER.
437COMMISSIONER O'RIELLY.
438>>COMMISSIONER O'RIELLY:  I 
439ASSOCIATE MYSELF WITH MY GOOD 
440COLLEAGUES THERE.
441I THINK YOU DEMONSTRATED TO 
442EVERYONE THAT COMMUNICATIONS IS 
443MORE THAN JUST BOARDS.
444HOPEFULLY OUR ACTION TODAY 
445PROVIDES SOME SMALL COMFORT TO 
446YOUR FAMILY IN THIS IMMENSE 
447LOSS.
448I WILL SUBMIT MY LONGER 
449STATEMENT, BUT SUFFICE IT TO SAY 
450I HOPE AND THINK THAT WE SHOULD 
451ALL PRAY THE NEED FOR THIS NEW 
452CODE NEVER ARISES.
453THANK YOU, MR. CHAIRMAN.
454>>CHAIRMAN PAI:  THANK YOU, 
455COMMISSIONER.
456COMMISSIONER CARR.
457>>COMMISSIONER CARR:  I'LL JOIN 
458MY COLLEAGUES IN THE SENTIMENT 
459THEY EXPRESSED.
460THANK YOU ALL FOR BEING HERE 
461TODAY.
462WITH THIS ORDER THE FCC DOES ITS 
463PART TO HELP PROMOTE THE SAFETY 
464OF OUR NATIONS LAW ENFORCEMENT 
465OFFICIALS ON THE COMMUNITIES 
466THEY SERVE.
467LAST YEAR 135 OFFICERS WERE 
468KILLED IN THE LINE OF DUTY.
469IN MANY CASES PERPETRATORS POSED 
470AN IMMINENT INCREDIBLE THREAT TO 
471LAW ENFORCEMENT AHEAD OF TIME 
472AND SOME OF THEM MAY HAVE BEEN 
473THWARTED BY A COORDINATED 
474NATIONAL ALERT NETWORK.
475IN 2015 CONGRESS DIRECTED THE 
476ATTORNEY GENERAL TO CREATE SUCH 
477A NETWORK WITHIN THE DEPARTMENT 
478OF JUSTICE TO SUPPORT STATE AND 
479LOCAL LAW ENFORCEMENT AS THEY 
480IMPLEMENT THE PLANS.
481OR THE LACK OF A DEDICATED EVENT 
482CODE WAS ONE OF THE PRIMARY 
483OBSTACLES TO MORE STATES USING 
484BLU ALERTS.
485INDEED THE DOJ OFFICE HAS STATED 
486THE CREATION OF SUCH A CODE IS 
487THE SINGLE GREATEST NEED OF THE 
488NATIONAL BLU ALERTS NETWORK.
489TODAY'S ORDER WE THEREFORE, 
490ADOPT A NEW DEDICATED EAS EVENT 
491CODE.
492TO ENABLE THE TRANSMISSION OF 
493BLU ALERTS OVER EAS AND WIRELESS 
494EMERGENCY ALERT SYSTEMS.
495THIS ACTION SHOULD FACILITATE 
496THE DELIVERY OF BLU ALERTS IN A 
497UNIFORM CONSISTENT MANNER 
498NATIONWIDE AND THE PROCESS TO 
499INCREASE THE REACH AND 
500EFFECTIVENESS OF THESE 
501LIFE-SAVING WARNINGS.
502I'M PLEASED THE COMMISSION IS 
503MOVING QUICKLY TO ADDRESS THIS 
504ISSUE.
505I THINK THE STAFF OF THE PUBLIC 
506SAFETY AND HOMELAND SECURITY 
507BUREAU FOR THEIR DILIGENT WORK 
508AND ALSO WANT TO JOIN MY 
509COLLEAGUES AGAIN IN 
510ACKNOWLEDGING AND THANKING LAW 
511ENFORCEMENT AND THE 
512FAMILIES FOR ALL YOU'VE DONE.
513AND ALL YOU ARE DOING TO HELP.
514THANKS.
515>>CHAIRMAN PAI:  THANK YOU, 
516COMMISSIONER.
517COMMISSIONER ROSENWORCEL.
518>>COMMISSIONER ROSENWORCEL:  
519TODAY THE COMMISSION HONORS THE 
520FALLEN OFFICERS BY FULFILLING A 
521PROMISE OF THE NATIONAL BLU 
522ALERTS ACT WHICH WAS SIGNED INTO 
523LAW BY PRESIDENT OBAMA IN 2015.
524WE CREATE A NEW EMERGENCY ALERT 
525CODE FOR USE WITH THE PUBLIC 
526ALERTING SYSTEM WHEN A LAW 
527ENFORCEMENT OFFICER IS IN PERIL.
528THIS NEW CODE IN THESE THREE 
529LETTERS HAVE THE POTENTIAL TO 
530SAVE LIVES AND INCREASE 
531SITUATIONAL AWARENESS FOR OUR 
532FIRST RESPONDERS.
533THIS IS GOOD STUFF.
534IT HAS MY SUPPORT.
535I AM GOING TO DO SENT HOWEVER ON 
536ONE SMALL ASPECT OF TODAY'S 
537DECISION.
538IN EVALUATING THE MERITS OF THE 
539BLU ALERTS SYSTEM THAT WE ADOPT 
540TODAY, THE COMMISSION PUTS 
541FORWARD A COST BENEFIT ANALYSIS 
542THAT WEIGHS THE COST OF INDUSTRY 
543COMPLIANCE AGAINST THE VALUE OF 
544A POLICE OFFICER'S LIFE.
545YOU HEARD THAT RIGHT.
546IN DECIDING WHETHER TO IMPOSE A 
547REQUIREMENT UNDER THIS LAW THE 
548COMMISSION PUTS A PRICE ON THE 
549DEAF OF FIRST RESPONDERS AND 
550NETS THAT OUT AGAINST INDUSTRY 
551EXPENSES.
552FORTUNATELY FOR LAW ENFORCEMENT 
553THE MATH WORKS OUT, BUT THIS 
554COLD CALCULUS IS NEITHER NEEDED 
555OR SMART.
556THERE'S A WAY TO DO COST-BENEFIT 
557ANALYSIS THOUGHTFULLY AND WITH 
558DIGNITY FOR THOSE WHO WEAR THEIR 
559SHIELD SOME OF WHOM SIT BEFORE 
560US TODAY RIGHT NOW RIGHT NOW.
561SO ON THIS DISRESPECTFUL 
562ANALYSIS, I DISSENT.
563BUT IN CLOSING I WANT THE FAMILY 
564MEMBERS WHO ARE HERE TODAY TO 
565KNOW THAT WE CANNOT UNDERSTAND 
566THE DEPTH OF YOUR PAIN.
567WE ARE PLEASED YOU ARE HERE 
568TODAY TO HONOR YOUR LOVED ONES.
569THANK YOU.
570>>CHAIRMAN PAI:  BEFORE I BEGIN 
571MY FORMAL REMARKS I ALSO WANT TO 
572THANK THE FAMILIES OF OFFICER 
573LU, RAMOSE, AND THANK YOU FOR 
574YOUR COURAGE IN BEING HERE TODAY 
575AND ALSO WANT TO THANK YOU FOR 
576SHARING SOME OF YOUR TIME WITH 
577ME THIS MORNING.
578BEING ABLE TO HEAR YOUR STORIES 
579FIRST HAND AND BEING TO SEE A 
580PICTURE ON YOUR PHONE OF YOUR 
581FIVE MONTH OLD DAUGHTER WHO WILL 
582NEVER SEE HER FATHER, BUT HAS A 
583DIRECT RESEMBLANCE TO THAT BRAVE 
584SOUL IS A PRIVILEGE BEYOND 
585MEASURE.
586THANK YOU FOR YOUR SACRIFICE AND 
587FOR BEING HERE TODAY.
588WE TYPICALLY GIVE THANK'S AND 
589CELEBRATE WITH FAMILIES AND 
590FRIENDS DURING THE HOLIDAYS.
591BUT FOR JUSTIN AND JADEN AND 
592RAMOS, CINDY GONZALES, AND 
593OTHERS EVERY CHRISTMAS OVER THE 
594PAST THREE YEARS HAVE BEEN ONE 
595MORE PAINFUL REMINDER OF THE 
596LOSS THEY SUFFERED IN 2014.
597IT WAS ON THAT DAY, ONE WEEK 
598BEFORE CHRISTMAS THAT THE 
599DETECTIVES WERE SENSELESSLY 
600GUNNED DOWN WHILE IN DUTY.
601THEY WERE DOING WHAT THEY LOVE 
602TO DO, WHAT THEY WERE PROUD TO 
603DO, PROTECTING THE CITIZENS OF 
604NEW YORK CITY.
605THEIR DEDICATION EXEMPLIFIES 
606WHAT IT MEANS TO BE A PUBLIC 
607SERVANT, TO PROVE THEIR 
608COMMUNITIES AND THE LIVES OF 
609OTHERS DESPITE THE INHERENT 
610DANGERS.
611DETECTIVE RAMOS A DEDICATED MAN 
612WHO HAD A TASTE FOR HAM AND 
613CHEESE SANDWICHES ONCE TOLD A 
614FELLOW CHURCH MEMBER HE WANTED 
615TO BRING SOMETHING MORE TO THE 
616UNIFORM.
617AND HE SURE DID.
618DETECTIVE RAMOS WAS SCHEDULED TO 
619GRADUATE FROM NEW YORK STATE 
620CHAPLAINS TAX FORCED THE DAY 
621AFTER HE LOST HIS LIFE.
622FOR HIS HEART WENT DETECTIVE LOU 
623WAS ASKED WHY HE WANTED TO BE A 
624POLICE OFFICER, "I KNOW THAT 
625BEING A COP IS DANGEROUS, BUT I 
626MUST DO IT.
627IF I DON'T DO IT, THEN WHO IS 
628GOING TO DO IT?
629"  THE DETECTIVES MADE THE 
630ULTIMATE SACRIFICE.
631WE OWE THEM AND THEIR BRAVE 
632FAMILY MEMBERS WHO COME HERE 
633TODAY A TREMENDOUS DEBT OF 
634GRATITUDE.
635WE CANNOT BEGIN TO FATHOM YOUR 
636PAIN, BUT WE CAN HONOR YOUR 
637SACRIFICE.
638AND THE FCC ATTEMPTS TO DO THAT 
639TODAY BY ADOPTING RULES THAT 
640POLICE OFFICERS ACROSS AMERICA 
641AND THE COMMUNITIES THEY SO 
642PROUDLY SERVE WILL BE BETTER 
643PROTECTED.
644SPECIFICALLY WE ARE CREATING A 
645DEDICATED BLUE ALERT DEAD CODE 
646 
647-- THEY WILL WARN THE PUBLIC AND 
648ACTIONABLE INFORMATION RELATED 
649TO A LAW ENFORCEMENT OFFICER 
650MISSING, SERIOUSLY INJURED OR 
651KILLED IN THE LINE OF DUTY FOR 
652WHEN THERE IS AN EMINENT THREAT 
653TO AN OFFICER.
654THESE WARNINGS WILL BE SENT TO 
655THE PUBLIC THROUGH BROADCAST, 
656CABLE, SATELLITE AND WIRELINE 
657VIDEO PROVIDERS.
658OFFICIALS MAY ALSO SEND BLU 
659ALERTS THROUGH THE WIRELESS 
660EMERGENCY ALERT SYSTEM TO 
661CONSUMERS WIRELESS PHONES.
662WE AIM TO PROMOTE COMPATIBLE 
663INTEGRATED BLU ALERTS PLANS 
664THROUGHOUT THE UNITED STATES 
665CONSISTENT WITH THE NATIONAL BLU 
666ALERTS ACT OF 2015.
667SIX MONTHS AGO AT THE DEPARTMENT 
668OF JUSTICE I MADE A PROMISE TO 
669ADOPT THESE RULES.
670I AM PLEASED THAT MY FELLOW 
671COMMISSIONERS AND I MAKE GOOD ON 
672THAT PREMISE TODAY.
673OBVIOUSLY WHAT WE DO HERE DOES 
674NOT CHANGE WHAT HAPPENED THAT 
675SAD AFTERNOON IN NEW YORK, BUT 
676IT DOES RESPECT THE OFFICERS 
677SPIRIT AND COURAGE.
678I WANT TO THANK WILLIAM JOHNSON 
679EXECUTIVE DIRECTOR OF THE 
680NATIONAL ASSOCIATION OF POLICE 
681ORGANIZATIONS FOR HIS ADVOCACY 
682AND SUPPORT FOR BLU ALERTS AND 
683ESPECIALLY THE FAMILY MEMBERS 
684WHO ARE HERE TODAY.
685I ALSO WANT TO ACKNOWLEDGE THE 
686UNWAVERING SUPPORT FROM MEMBERS 
687OF THE U.S. DEPARTMENT OF 
688JUSTICE OFFICE OF COMMUNITY 
689ORIENTED POLICE SERVICES WHO 
690HAVE JOINED US THIS MORNING.
691ACTING DIRECTOR NATIONAL BLU 
692ALERTS COORDINATOR WASHINGTON, 
693DEPUTY NATIONAL BLUE COORDINATOR 
694VINCENT DAVENPORT, SENIOR 
695COUNSEL TO THE DIRECTOR AND BLUE 
696ALERT TEAM LEADER TRACY JOHNSON.
697I ALSO WANT TO EXTEND A SPECIAL 
698THANKS TO DEPUTY CHIEF THOMAS 
699BURNS COMMANDING OFFICER OF THE 
700NYPD EMPLOYEE RELATIONS SECTION 
701AND HIS STAFF LIEUTENANT DEBORAH 
702LAW, HETRICK WHALEN AND OFFICER 
703FRANK RUSSO.
704EACH OF THEM LEADS A VERY 
705IMPORTANT ROLE IN CONCEALED -- 
706CONSOLING FAMILY MEMBERS OF 
707FALLEN OFFICERS.
708ALSO GRATEFUL TO TO DETECTIVE 
709JOSÉ VALERO IN JOHNNY CHAN FROM 
710THE NYPD FOR SAFELY ESCORTING 
711OUR GUESTS TODAY ALL THE WAY 
712FROM NEW YORK.
713LAST, BUT NOT LEAST FOR THEIR 
714TIRELESS EFFORTS AND DEDICATION 
715TO KEEPING PEOPLE SAFE I WANT TO 
716THANK OUR FANTASTIC STAFF OF THE 
717PUBLIC SAFETY AND HOMELAND 
718SECURITY BUREAU.
719MICHELLE, GREG, LISA FOWLKES, 
720NIST NIKKI MCGINNIS, LINDA 
721PINTRO, AND JAMES WILEY AND 
722DAVID HORWITZ AND OTHERS FROM 
723THE OFFICE OF GENERAL COUNSEL.
724THANK YOU FOR ALL YOU'VE DONE TO 
725GET US THROUGH THIS TODAY.
726WITH THAT WE WILL CALL FOR A 
727VOTE.
728THE CHAIR VOTES A PUP.
729ITEM ADAPTER WITH EDITORIAL 
730PRIVILEGES GRANTED AS REQUESTED.
731THANK YOU TO ALL OF YOU FOR YOUR 
732DEDICATION YOUR -- THEIR MEMORY 
733WILL NOT BE FORGOTTEN.
734MADAME SECRETARY, PLEASE 
735ANNOUNCE THE NEXT AGENDA ON 
736TODAY'S AGENDA.
737>> THE SECOND ITEM ENTITLED 
738PROMOTING TELEHEALTH IN RURAL 
739AMERICA WILL BE SUBMITTED BY THE 
740WIRELINE COMPETITION BUREAU.
741KRIS MONTEITH, CHIEF OF THE 
742BARROW WILL GIVE THE 
743INTRODUCTION.
744>>CHAIRMAN PAI:  THANK YOU, 
745MADAM SECRETARY.
746IF YOU ARE READY, THE FLOOR IS 
747YOURS.
748>> GOOD MORNING CHAIRMAN AND 
749CONDITIONERS.
750IT'S VERY DIFFICULT TO FOLLOW 
751SUCH A MOVING PRESENTATION ON 
752SUCH AN IMPORTANT ISSUE.
753THE WIRELINE COMPETITION BUREAU 
754PRESENTS A NOTICE OF PROPOSED 
755RULEMAKING AND ORDER THAT 
756LAUNCHES A REVIEW OF THE 
757COMMISSIONS RURAL HEALTHCARE 
758PROGRAM.
759THIS ITEM SEEKS TO IMPROVE THE 
760PROGRAMS EFFICIENCIES AND 
761PROMOTE ACCESS TO VITAL 
762TELEHEALTH SERVICES IN RURAL 
763AMERICA.
764I WOULD LIKE TO THANK THE 
765TELECOMMUNICATIONS ACCESS POLICY 
766DIVISION TEAM FOR THEIR HARD 
767WORK ON THIS PROCEEDING.
768OUR COLLEAGUES IN THE 
769ENFORCEMENT BARROW END IN THE 
770OFFICES OF COMMUNICATION 
771BUSINESS OPPORTUNITY, GENERAL 
772COUNSEL, LEGISLATIVE AFFAIRS AND 
773MANAGING DIRECTORS ALSO PROVIDED 
774US WITH INVALUABLE INPUT.
775WITH ME AT THE TABLE ARE
776 TRENT HARKRADER, ASSOCIATE
777 BUREAU CHIEF,AND FROM WCB TELECOMMUNICATIONS 
778ACCESS POLICY DIVISION
779 RYAN PALMER, DIVISION CHIEF,
780 RADHIKA KARMARKAR, DEPUTY
781 SOUMITRA DAS,
782 PRESTON WISE, ATTORNEY ADVISOR,.
783PRESTON WILL PRESENT THE ITEM.
784>> GOOD MORNING MR. CHAIRMAN, 
785COMMISSIONERS.
786THE FCC RURAL HEALTHCARE PROGRAM 
787SUPPORTS ACCESS TO VITAL 
788COMMUNICATION AND TELEHEALTH 
789SERVICES IN RURAL AREAS HELPING 
790THOSE IN REMOTE COMMUNITIES 
791EXCESS HIGH-QUALITY HEALTHCARE 
792AND OVERCOME SHORTAGES AND 
793MEDICAL PROFESSIONALS.
794FOR THE SECOND YEAR IN A ROW 
795HOWEVER, PROGRAM DEMAND IS 
796LIKELY TO EXCEED AVAILABLE 
797SUPPORT IN PARTICIPATING 
798HEALTHCARE PROVIDERS WITH 
799UNANTICIPATED FUNDING 
800REDUCTIONS.
801HEALTHCARE TECHNOLOGIES HAVE 
802ATTRIBUTED TO GROWTH IN THE 
803PROGRAM AND THIS BUDGETARY 
804SHORTFALL IT MAY ALSO MEET 
805FEDERAL RULES TO PROGRAM RULES 
806THAT PROMOTE INEFFICIENT 
807PURCHASING DECISIONS AND CREATE 
808OPPORTUNITIES FOR WASTE, FRAUD, 
809AND ABUSE.
810IF ADOPTED THIS ITEM WILL 
811INITIATE A REVIEW OF THE RURAL 
812HEALTHCARE PROGRAM.
813THE NOTICE OF PROPOSED 
814RULEMAKING WOULD FIRST SEEK 
815COMMENT ON WHETHER TO INCREASE 
816THE CURRENT ANNUAL 
817400 MILLION-DOLLAR CAP AND HOW 
818TO PRIORITIZE FUNDING SHOULD 
819DEMAND EXCEED THE CAPTAIN FUTURE 
820YEARS.
821IT WOULD SEEK COMMENT ON 
822PROPOSING TO SOME -- PROMOTE 
823EFFICIENCY AND CURTAIL WASTE, 
824FRAUD, AND ABUSE.
825THE PROPOSAL INCLUDES 
826ESTABLISHING A PROCESS FOR 
827FUNDING REQUESTS AND 
828STREAMLINING THE CALCULATION OF 
829URBAN AND RURAL AT RATES 
830REDEFINING THE COST 
831EFFECTIVENESS STANDARD ACROSS 
832THE RURAL HEALTHCARE PROGRAM TO 
833ENCOURAGE A MORE TRANSPARENT AND 
834FAIR COMPETITIVE BIDDING PROCESS 
835ENSURING EFFICIENT FUNDING FOR 
836RURAL AND TRIBAL HEALTHCARE 
837PROVIDERS AND WAYS TO SIMPLIFY 
838PROGRAM PARTICIPATION AND 
839ENHANCING OVERSIGHT, FOR 
840EXAMPLE, ESTABLISH RULES ON THE 
841USE OF CONSULTANTS, GIFT 
842RESTRICTIONS AND INVOICING 
843DEADLINES AMONG OTHER MATTERS.
844THE ORDER WOULD GRANT TARGETED 
845IMMEDIATE RELIEF TO RURAL 
846HEALTHCARE PROVIDERS FACING 
847POTENTIAL CUTS IN 2017.
848SPECIFICALLY WAIVE THE RURAL 
849HEALTHCARE PROGRAM ON A ONE-TIME 
850BASIS BY CARRYING FORWARD ANY 
851UNUSED PROGRAM FUNDING FROM 
852PRIOR FUNDING USE AND USE IN 
853FUNDING THEIR 2017 AND ENABLE 
854SERVICE PROVIDERS TO VOLUNTARILY 
855QUALIFY FUNDING FOR 2017 
856REQUESTS WHILE KEEPING CONSTANT 
857SUPPORT AMOUNT PROVIDED BY THE 
858UNIVERSAL SERVICE FUND.
859THE BARROW RECOMMENDS ADOPTION 
860AND REQUEST EDITORIAL PURGES 
861LOGISTIC EXTENDING ONLY TWO 
862TECHNICAL CONFORMING MATTERS.
863>>CHAIRMAN PAI:  THANK YOU.
864WE WILL TURN TO COMMENTS FROM 
865THE BENCH BEGINNING WITH 
866COMMISSIONER CLYBURN.
867>>COMMISSIONER CLYBURN:  WHEN A 
868PATIENT IS PRESENTING WITH 
869SYMPTOMS OF A STROKE PHYSICIAN 
870SAY TIME IS IMPORTANT.
871THE DIFFERENCE BETWEEN FULL 
872RECOVERY AND SEVERE PERMANENT 
873DAMAGE.
874THAT IS LIKE THE UNIVERSITY OF 
875VIRGINIA HOSPITAL SYSTEMS HAS 
876PUT TELE- STROKE FUNCTIONALITY 
877IN AMBULANCES.
878BY ENSURING LIFESAVING TREATMENT 
879CAN BEGIN IMMEDIATELY, THE 
880PROGRAM ENSURES THAT STROKE IS 
881CAUGHT AT THE ABSOLUTE EARLIEST 
882POSSIBLE TIME.
883THIS ADVANCED TECHNOLOGY WOULD 
884NOT HAVE BEEN DEPLOYED 
885ORGANICALLY ACCORDING TO THE 
886SYSTEMS DIRECTOR OF TELEHEALTH.
887THE DIRECTOR STATED JUST A FEW 
888MONTHS AGO THAT ABSENT THE RURAL 
889HEALTHCARE PROGRAM, OUR ABILITY 
890TO PROVIDE THESE SERVICES WOULD 
891BE SEVERELY CONSTRAINED.
892RATHER A SOLUTION FOR 
893INDIVIDUALS IN NEED OF HELP OR 
894THE ENABLING OF REMOTE RADIOLOGY 
895READING TO REMOTE AND SPEED THE 
896QUALITY OF HEALTHCARE, THE FCC'S 
897RURAL HEALTHCARE PROGRAM HAS 
898BEEN A KEY PLANK UNDERGIRDING 
899THE MODERNIZATION OF HEALTHCARE 
900DELIVERY.
901UNFORTUNATELY AS THE FCC'S ONLY 
902CONNECT TO HEALTH TASK FORCE HAS 
903FOUND, MOST OF THE COUNTIES WITH 
904THE WORST ACCESS TO PRIMARY CARE 
905PHYSICIANS ARE ALSO THE LEAST 
906CONNECTED.
907AND THIS HOLDS TRUE IN BOTH 
908URBAN AND RURAL AREAS THAT 
909VULNERABLE GRANDMOTHER SPENDS 
910OVER TWO HOURS ON THAT LOCAL BUS 
911SYSTEM TO SEE A DOCTOR CAN 
912BENEFIT JUST AS MUCH FROM 
913TELEHEALTH AS HER RURAL 
914COUNTERPART.
915WE NEED TO DO BETTER AS A 
916COUNTRY.
917AND THAT CAN START WITH A FRESH 
918LOOK AT OUR RURAL HEALTHCARE 
919PROGRAM.
920EVERYONE STANDS TO BENEFIT IF 
921THIS PROGRAM MATCHES THE NEED OF 
922HEALTHCARE PROVIDERS WITH THE 
923PATIENT WHO RELY ON THEM.
924THAT MEANS LOOKING AT EVERYTHING 
925FROM TOPLINE FUNDING LEVELS TO 
926THE NUTS AND BOLTS OF PROGRAM 
927ADMINISTRATION.
928THE POTENTIAL HERE IS HUGE.
929IF WE SIMULTANEOUSLY REDUCE 
930HEALTHCARE EXPENDITURES AND 
931IMPROVE PATIENT OUTCOMES BUT WE 
932MUST GET IT RIGHT.
933THAT IS WHY I AM PLEASED MY 
934COLLEAGUES AGREED TO INCLUDE 
935FURTHER LINES OF QUESTIONING IN 
936THE NOTICE OF PROPOSED 
937RULEMAKING.
938WE EXPAND THE INQUIRY TO SEEK 
939COMMENT ON HOW WE CAN 
940INCORPORATE WHAT WE HAVE LEARNED 
941FROM OUR CONNECT TO HEALTH TASK 
942FORCE.
943WE LOOK AT HOW BEST TO IMPROVE 
944TRANSPARENCY AND HOW TO 
945EQUITABLY ADMINISTER THE PROGRAM 
946AND THE EVENT FUNDING REQUEST 
947CAUSED US TO [INAUDIBLE] YET 
948AGAIN.
949WE LOOK TO UNDERSTAND RATHER AND 
950HOW HOW TO SUPPORT REMOTE 
951MONITORING CONSISTENT WITH OUR 
952STATUTORY MANDATE.
953I ALWAYS SAY WE NEED TO MAKE THE 
954BUSINESS CASE FOR EACH AND EVERY 
955ONE OF OUR POLICIES.
956THIS RURAL HEALTHCARE PROGRAM IS 
957ONE WHERE MAKING THE BUSINESS 
958CASE IS INCREDIBLY EASY.
959THE PROGRAM SAVES LIVES.
960IT REDUCES COST AND RESULTS IN A 
961HEALTHIER NATION.
962TELEMEDICINE CONSULTS WITH HIGH 
963RISK MOTHERS, IT RESULTS IN AN 
964ALMOST 40 PERCENT REDUCTION IN 
965THE AMOUNT OF INFANT DAYS IN 
966NICU AND IT IS HERE SUCCESSFULLY 
967AND I HAVE A PERSONAL STORY TO 
968TELL ABOUT THIS WITH A NEPHEW 
969WHO SPENT THREE MONTHS OF HIS 
970LIFE IN NICU WHERE THE VALUE 
971PROPOSITION IS BOTH PRECIOUS AND 
972CRYSTAL CLEAR.
973THIS ITEM HAS MY ENTHUSIASTIC 
974SUPPORT SO I THANK THE WIRELINE 
975COMPETITION BUREAU FOR YOUR 
976THOUGHTFUL WORK ON REFORMING THE 
977RURAL HEALTHCARE FUND.
978I LOOK FORWARD TO CONTINUING TO 
979ENGAGE WITH YOU AS WE MOVE 
980TOWARD AN ORDER THAT WILL BE A 
981MAJOR DRIVER IN IMPROVING ACCESS 
982AND OUTCOMES WHEN IT COMES TO 
983HEALTHCARE, TELEHEALTH CARE, 
984TELEMEDICINE IN AMERICA.
985THANK YOU.
986>>CHAIRMAN PAI:  THANK YOU, 
987COMMISSIONER AND FOR YOUR 
988LEADERSHIP ON THE TASK FORCE.
989>>COMMISSIONER CLYBURN:  THANK 
990YOU FOR YOUR SUPPORT.
991>>CHAIRMAN PAI:  COMMISSIONER 
992O'RIELLY.
993>>COMMISSIONER O'RIELLY:  I'LL 
994SUBMIT A LONGER STATEMENT BUT 
995I'VE SEEN FIRSTHAND THE ROLE 
996THIS CAN PLAY IN THE HEALTH AND 
997SAFETY OF AMERICANS AND SOME OF 
998THE MOST REMOTE PARTS OF THE 
999COUNTRY.
1000ONE OF MY FIRST TRIP SAYS A NEW 
1001COMMISSIONER WAS TO ALASKA A 
1002TELEMEDICINE PIONEER AND BIND 
1003NECESSITY.
1004AS I TRAVELED THE ISOLATED 
1005VILLAGES ACCESSIBLE ONLY BY AIR 
1006I SAW TECHNOLOGY TRIAGE TO 
1007ASSESS PATIENTS IN RELEVANT 
1008HEALTH INFORMATION TO LARGER 
1009FACILITIES AND REGIONAL CITIES 
1010IN ANCHORAGE.
1011THAT EXPERIENCE HELPED 
1012ILLUSTRATE THE BENEFITS OF THE 
1013PROGRAM I ALSO HAD A CHANCE TO 
1014WITNESS THE SHORTCOMINGS.
1015FOR YEARS REGULATORS AND 
1016RECIPIENTS COMPLAINED THAT 
1017PROGRAM WAS UNDERUTILIZED 
1018MEANING IT DID NOT SPEND EVERY 
1019LAST DOLLAR ALLOWED UNDER THE 
1020BUDGET CAP AND THEREFORE, A 
1021PRIOR COMMISSION EXPANDED THE 
1022PROGRAM TO INCLUDE BROADBAND AND 
1023MARKETED THE HECK OUT OF IT AND 
1024PUSH DOLLARS OUT THE DOOR 
1025QUICKLY TOOK PRECEDENCE OVER 
1026COST-EFFECTIVENESS AND NOT 
1027SURPRISINGLY SPENDING INCREASED 
1028RAPIDLY.
1029TO BE SURE MOST HUNTING HAS BEEN 
1030USED FOR INTENDED PURPOSE IS TO 
1031DISCOUNTED CONDUCTIVITY TO RURAL 
1032HEALTHCARE PROVIDERS IMPROVING 
1033ACCESS FOR MORE CONSUMERS, BUT 
1034IN SOME CASES THIS IS USED TO 
1035BUY MORE CAPACITY THEN WHAT IS 
1036NEEDED, OVERBUILD OTHER 
1037PROVIDERS AND CONNECT SITES NOT 
1038INTENDED TO BE PART OF THE 
1039PROGRAM.
1040I IMPLORED THE LAST COMMISSION 
1041TO PUT A PLAN IN PLACE -- THE 
1042LAST CHAIRMAN TO PUT A PLAN IN 
1043PLACE TO INCREASE FUNDING.
1044MY REQUESTS WERE IGNORED -- 
1045IGNORED.
1046NOW WE ARE PLAYING CATCHUP.
1047HOWEVER, THAT CANNOT BE AN 
1048EXCUSE TO SPEND MORE AND REFORM 
1049LATER.
1050FORTUNATELY THE NOTICE SEEKS 
1051COMMENTS ON WAYS TO ROOT OUT 
1052INEFFICIENCIES AND TARGET 
1053SUPPORT WHERE NEEDED MOST.
1054INDEED I'M PLEASED TO SEE COST 
1055SAVING IDEAS FROM OTHERS 
1056INCLUDED IN THE NOTICE IN 
1057PARTICULAR THE ITEM SEEKS 
1058COMMENT ON EXCLUDING CERTAIN 
1059EXPENSES OUTREACH EXAMINING 
1060WHETHER SERVICES ARE USED AND 
1061USEFUL AND CAPPING OR LIMITING 
1062SUPPORT THAT EXCEEDS A SPECIFIC 
1063THRESHOLD ARE REASONABLE 
1064CULPABILITY BENCHMARK ISSUES 
1065I'VE SPENT A GREAT DEAL OF TIME 
1066ON IN THE HIGH COST PROGRAM.
1067IN FACT, WE ARE GETTING CLOSE TO 
1068ANNOUNCING NEW LIMITATIONS ON 
1069THE EXTRANEOUS USES OF RATEPAYER 
1070FUNDING BY RATE OF RETURN 
1071PROVIDERS PICK THE ITEM ALSO 
1072SEEKS COMMENT ON PRIORITIZING 
1073CERTAIN AREAS INCLUDING BASED ON 
1074ECONOMIC NEED.
1075IT SOUNDS LIKE THE CONCEPT THAT 
1076COMMISSIONER CLYBURN AND I HAD 
1077COMMENT ON IN THE HIGH COST 
1078PROGRAM.
1079AT THE SAME TIME, THE NOTICE 
1080ASKS ABOUT INCREASING SPENDING 
1081CAP ABOVE THE 400 MILLION.
1082I HAVE SEVERAL CONCERNS WITH 
1083SUCH AN APPROACH.
1084IT IS MY HOPE IMPROVING PROGRAM 
1085EFFICIENCY AND TARGETING OF 
1086FUNDS WILL ALLEVIATE OR DECREASE 
1087THE NEED FOR MORE OF IT.
1088IN ADDITION, THERE IS AN 
1089UNDERLYING ASSUMPTION BY SOME 
1090THAT THE BUDGET SHOULD BE SET 
1091SOLELY BY HEALTHCARE DEMAND.
1092THAT IS SIMPLY NOT THE RIGHT 
1093APPROACH.
1094WE ARE NOT A HEALTHCARE AGENCY 
1095OR PART OF THAT REALM.
1096WHAT WE DO THROUGH THE RURAL 
1097HEALTHCARE PROGRAM CAN HELP 
1098PROVIDE SAVINGS ON THE 
1099HEALTHCARE SIDE.
1100WE DO NOT HAVE INSIGHT INTO NOR 
1101DO WE RECOUP ANY SAVINGS TO HELP 
1102OFFSET OUR COST.
1103OUR JOB ACCORDING TO STATUTE IS 
1104TO PROVIDE A DISCOUNT ALREADY 
1105AVAILABLE SERVICE AFFORDABLE 
1106FUNDING NEW NETWORKS THAT 
1107OVERLAP AND UNDERMINE EXISTING 
1108INFRASTRUCTURE IS EXPENSIVE AND 
1109CAN BE WASTEFUL.
1110WE HAVE TO KEEP IN MIND THE 
1111FEDERAL UNIVERSAL SERVICE 
1112PROGRAM SPENDS $11 BILLION PER 
1113YEAR AND THERE IS NO SHORTAGE OF 
1114REQUEST FOR ADDITIONAL FUNDING 
1115AS RECIPIENTS FROM EACH OF THE 
1116PROGRAMS HAVE REQUESTED EVEN 
1117MORE.
1118INSTEAD OF LOOKING HOLISTICALLY 
1119AND FINDING THIS THE COMMISSION 
1120HAS INCREASED FUNDING AT THE 
1121EXPENSE OF CONSUMERS.
1122IT IS TIME FOR THE COMMISSION TO 
1123DECIDE HOW MUCH WE REASONABLY 
1124AND JUSTIFIABLY SHOULD TAKE FROM 
1125RATE PAYERS AND SET A BUDGET AND 
1126INDIVIDUAL PROGRAM BUDGET 
1127ACCORDINGLY.
1128RECENTLY SOME SUGGESTED THAT A 
1129SEPARATE COMMISSION ACTION WAS 
1130AKIN TO TAXING ON CONSUMERS BUT 
1131THIS IS ACTUALLY ONE THAT'S NOT 
1132OFFICIALLY LABELED AS ONE.
1133HARD-WORKING AMERICANS AND 
1134BUSINESSES ARE CHARGED EXTRA 
1135FEES ON THEIR PHONE BILLS IN 
1136ORDER TO FUND THESE PROGRAMS.
1137THERE MUST BE A LIMIT ON HOW 
1138MUCH WE ARE WILLING TO TAKE FROM 
1139THEM NO MATTER HOW MERITORIOUS 
1140THE SPENDING COULD BE.
1141LET ME BE CLEAR I WILL BE 
1142EXTREMELY RELUCTANT TO INCREASE 
1143THE BUDGET FOR THE RURAL 
1144HEALTHCARE PROGRAM AND ANY FINAL 
1145ITEM WITHOUT CORRESPONDING 
1146SPENDING REDUCTIONS ELSEWHERE.
1147I THINK THE CHAIRMAN AND THE 
1148STAFF FOR WORKING WITH ME TO 
1149INCLUDE ADDITIONAL QUESTIONS ON 
1150THE IMPACT OF FUNDING INCREASES 
1151ON CONSUMERS.
1152I'M PLEASED THE ORDER MAKES 
1153CLEAR ANY PRICE REDUCTION 
1154UNDERTAKEN BY SERVICE PROVIDERS 
1155TO ADDRESS CURRENT SHORTFALLS 
1156WILL BE COMPLETELY VOLUNTARY.
1157I VOTE TO APPROVE.
1158>>CHAIRMAN PAI:  THANK YOU, 
1159COMMISSIONER.
1160COMMISSIONER CARR.
1161>>COMMISSIONER CARR:  AT THE FCC 
1162WE FOCUS A LOT OF OUR EFFORTS ON 
1163CLOSING THE DIGITAL DIVIDE.
1164ONE AREA WHERE THAT IS 
1165PARTICULARLY STARK IS 
1166HEALTHCARE.
1167AMERICANS LIVING IN RURAL 
1168COMMUNITIES ARE FALLING BEHIND 
1169WHEN IT COMES TO AVAILABILITY OF 
1170HIGH QUALITY CARE.
1171IT'S DIFFICULT TO FIND 
1172SPECIALIST IN MANY RURAL 
1173COMMUNITIES AND BASIC CARE IS 
1174OFTEN OUT OF REACH AS WE SEE 
1175RURAL HOSPITALS CLOSING BY THE 
1176DOZEN ACROSS THE COUNTRY.
1177THE FCC'S RURAL HEALTHCARE 
1178PROGRAM CAN HELP MAKE A 
1179DIFFERENCE.
1180THIS PROGRAM USES MONEY THAT 
1181CONSUMERS PAY INTO THE UNIVERSAL 
1182SERVICE FUND FOR CONDUCTIVITY 
1183THAT CONSUMERS IN RURAL 
1184COMMUNITIES NEED FOR 
1185TELEMEDICINE AND OTHER ADVANCED 
1186HEALTHCARE SERVICES.
1187UNFORTUNATELY THIS PROGRAM IS 
1188NOT LIVING UP TO ITS POTENTIAL.
1189ARE RULES AND THE INCENTIVES 
1190THEY CREATE ARE NOT SERVING THE 
1191BEST INTEREST OF HEALTHCARE 
1192PROVIDERS, THE COMMUNITIES THAT 
1193DEPEND ON THEM OR THE CONSUMERS 
1194THAT PAY INTO THE UNIVERSAL 
1195SERVICE FUND.
1196THE PROGRAM -- THE TIME WHEN THE 
1197PROGRAM IS MORE IMPORTANT THAN 
1198EVER TO RURAL COMMUNITIES IT'S 
1199BEEN HEADING IN THE WRONG 
1200DIRECTION.
1201WHAT IS KNOWN AS THE TELECOM 
1202PORTION OF THE PROGRAM WE ARE 
1203SPENDING MORE MONEY TO SERVE 
1204FEWER AND FEWER HEALTHCARE 
1205INSTITUTIONS.
1206OVER THE LAST THREE YEARS THE 
1207NUMBER OF PARTICIPANTS IN THE 
1208PROGRAM DROPPED BY 36 PERCENT 
1209WHILE REQUEST FOR FUNDING GREW 
1210BY MORE THAN 67 PERCENT.
1211THIS MEANS THAT LIMITED PROGRAM 
1212DOLLARS ARE STARTING TO 
1213CONCENTRATE IN A SMALL NUMBER OF 
1214PROVIDERS RECEIVING INCREASINGLY 
1215LARGE SUBSIDIES.
1216IN 2016 JUST 5 PERCENT OF THE 
1217PARTICIPATING HEALTHCARE 
1218PROVIDERS RECEIVED MORE THAN 
1219HALF OF THE AVAILABLE SUPPORT.
1220IN ADDITION TO CONCENTRATING 
1221USAF SUPPORT THE TRENDLINES ARE 
1222UNSUSTAINABLE FOR ANOTHER 
1223REASON.
1224IT IS NOT ENCOURAGE OR 
1225INCENTIVIZE SPENDING.
1226THE 5 PERCENT OF PROVIDERS THAT 
1227RECEIVE THE LION SHARE OF 
1228SUPPORT ARE GETTING DISCOUNTS 
1229OVER 99 PERCENT OF THEIR 
1230SERVICES.
1231THE EFFECTIVE PROGRAM DISK ON 
1232HAS RISEN FROM 72 PERCENT IN 
12332011, 295 PERCENT LAST YEAR.
1234NO SURPRISE THAT DEMAND EXCEEDED 
1235THE BUDGET FOR THE FIRST TIME IN 
12362016 AND WE ARE EXPECTING TO SEE 
1237THE SAME OUTCOME IN 2017.
1238I'M GLAD THE COMMISSION IS 
1239LAUNCHING THIS PROCEEDING TO 
1240REVIEW THE PROGRAM.
1241IT'S IMPORTANT THE RULES 
1242INCENTIVIZE THE PRUDENT SPENDING 
1243OF PROGRAM FUNDS WHILE ENSURING 
1244MORE AMERICANS REGARDLESS OF 
1245WHERE THEY LIVE HAVE ACCESS TO 
1246ADVANCED TELEHEALTH SERVICES.
1247AS PART OF THIS INQUIRY AND 
1248PLEASED WE ARE SEEKING COMMENT 
1249ON WHETHER TO ADOPT SERVICE 
1250BENCHMARKS TO ENSURE THAT 
1251SUPPORTED SERVICES CAN INFECT WE 
1252USE TO BRING TELEHEALTH 
1253OFFERINGS TO RURAL COMMUNITIES.
1254WITH THIS IN A RANGE OF OTHER 
1255QUESTIONS I'M CONFIDENT WE CAN 
1256CRAFT RULES THAT WILL PROMOTE 
1257EFFICIENT PURCHASING DECISIONS.
1258IN THE INTERIM I SUPPORT OUR 
1259DECISION TO PROVIDE IMMEDIATE 
1260RELIEF TO HEALTHCARE PROVIDERS 
1261THAT COULD OTHERWISE FACE 
1262UNEXPECTED COSTS IF THE PROGRAM 
1263EXCEEDS THE BUDGET CAP THIS 
1264YEAR.
1265BY WAVING ROLES WE ALLOW SERVICE 
1266PROVIDERS TO REDUCE THE RATES 
1267WHICH CAN HELP ENSURE RURAL 
1268COMMUNITIES CONTINUE TO RECEIVE 
1269SERVICE.
1270THANK'S TO THE STAFF FOR THE 
1271WIRELINE COMPETITION BUREAU FOR 
1272WORK ON THIS ITEM.
1273IT HAS MY SUPPORT AND I LOOK 
1274FORWARD TO REVIEWING THE RECORD.
1275>>CHAIRMAN PAI:  THANK YOU, 
1276COMMISSIONER.
1277COMMISSIONER ROSENWORCEL.
1278>>COMMISSIONER ROSENWORCEL:  
1279I'VE SEEN THE FUTURE AS ALARMS 
1280WERE WEARING IN MY EARS AND 
1281PHYSICIANS WERE URGING ME TO 
1282ADMINISTER CPR IN ORDER TO SAVE 
1283A PATIENT.
1284I AM NOT A DOCTOR NOR DO I PLAY 
1285ONE ON TELEVISION BUT I GOT TO 
1286SEE THE FUTURE OF MEDICAL CARE 
1287AT THE SIMULATION TRAINING AND 
1288EDUCATION LAB IN NORTHWEST 
1289WASHINGTON WHERE VIDEOGAME 
1290DEVELOPERS WORK HAND IN HAND 
1291WITH RESEARCHERS AND CLINICIANS 
1292TO DEVELOP TRAINING FOR THE 
1293MEDSTAR HEALTH SYSTEM.
1294IT TURNS OUT VIRTUAL REALITY CAN 
1295IMPROVE TRAINING BY LEAPS AND 
1296BOUNDS REDUCING REAL-WORLD 
1297ERRORS AND IMPROVING PATIENT 
1298OUTCOMES.
1299THIS IS ESPECIALLY TRUE FOR 
1300PRACTITIONERS IN RURAL AND 
1301REMOTE AREAS WHO LACK THE 
1302RESOURCES FOR REGULAR IN PERSON 
1303CONSULTATION AND TRAINING WITH 
1304COLLEAGUES.
1305VIRTUAL REALITY REQUIRES 
1306BANDWIDTH AND LOTS OF IT.
1307YET TODAY THEY COMMISSION 
1308PROGRAM DEDICATED TO ENSURING 
1309STAFF BANDWIDTH REACHES RURAL 
1310HEALTHCARE PROVIDERS IS 
1311STRETCHED THIN AND ABOUT TO 
1312BREAK.
1313THERE'S AN HONEST REASON FOR 
1314THAT.
1315WHEN THIS PROGRAM GOT ITS START 
1316TWO DECADES AGO NEITHER 
1317CONDUCTIVITY NOR MEDICINE LOOKED 
1318LIKE WHAT THEY LOOK LIKE TODAY.
1319VIRTUAL REALITY, PRESCRIPTION 
1320VENDING MACHINES CONTROLLED BY 
1321DOCTORS AT A DISTANCE AND 
1322ELECTRONIC HEALTH RECORDS WERE 
1323REALLY JUST THE STUFF OF SCIENCE 
1324FICTION.
1325AS I SAW IN THE LAB IN 
1326WASHINGTON, TODAY THESE THINGS 
1327HAVE BECOME STANDARD MEDICAL 
1328PRACTICE.
1329THAT'S WHY I AM PLEASED TO 
1330SUPPORT TODAY'S RULEMAKING.
1331IT EXAMINES HOW TO FUTURE PROOF 
1332THE COMMISSIONS RURAL HEALTHCARE 
1333PROGRAM AND AT THE SAME TIME, IT 
1334SEEKS COMMENT ON HOW TO 
1335RESPONSIBLY MANAGE THE PROGRAM 
1336BUDGET AND ASK IMPORTANT 
1337QUESTIONS ABOUT PRIORITIZATION.
1338IT ALSO SEEKS COMMENT ON 
1339IMPROVING INCENTIVES TO PROMOTE 
1340MORE EFFICIENT DECISION-MAKING 
1341AMONG FUNDING RECIPIENTS.
1342I AM LOOKING FORWARD TO THE 
1343RECORD THAT IS DEVELOPED AND 
1344ALSO LOOKING FORWARD TO SEEING 
1345HOW WE CAN USE THIS PROGRAM TO 
1346LEAD THE WAY FOR THE FUTURE OF 
1347MEDICAL CARE.
1348THAT WOULD BE GOOD NEWS FOR BOTH 
1349PATIENTS AND PRACTITIONERS AND 
1350ALSO GOOD NEWS FOR RURAL 
1351AMERICA.
1352THANK YOU TO THE BUREAU FOR YOUR 
1353WORK.
1354>>CHAIRMAN PAI:  THANK YOU, 
1355COMMISSIONER.
1356OFTEN IN THE EARLY MORNING 
1357STARTING IN THE LATE 1970s A 
1358DOCTOR IN A SMALL TOWN IN 
1359PARSONS KANSAS WOULD HIT THE 
1360ROAD.
1361DRIVE LONG DISTANCES TO CROSS 
1362THE STATE TO MAKE SURE PATIENTS 
1363AND EVEN SMALLER SURROUNDING 
1364COMMUNITIES COULD SEE A 
1365PHYSICIAN WHO COULD HELP THEM.
1366THAT WAS MY DAD.
1367AND EVEN INTO ADULTHOOD I REMAIN 
1368AMAZED AT THE MANY, MANY ROAD 
1369MILES HE HAS LOGGED IN HIS 
1370CAREER.
1371BUT HIS UPCOMING RETIREMENT 
1372BRINGS INTO SHARP FOCUS FOR ME 
1373SOME DIFFICULT GENERAL TRENDS.
1374IT'S BE GETTING HARDER TO 
1375RECRUIT DOCTORS AND KEEP THEM IN 
1376RURAL COMMUNITIES.
1377IT'S HARDER TO KEEP RURAL 
1378HOSPITALS AFLOAT AND SO IT'S 
1379BECOMING HARDER FOR RURAL 
1380PATIENTS TO GET HEALTHCARE.
1381IRONICALLY AT A MOMENT WHEN 
1382VITAL SIGNS FOR THOSE PATIENTS 
1383IN RURAL AMERICA GENERALLY ARE 
1384SUGGESTING TROUBLE.
1385THAT'S WHAT MAKES THE 
1386COMBINATION OF THE INTERNET AND 
1387RURAL MEDICINE, TELEMEDICINE OR 
1388TELEHEALTH IF YOU LIKE, SO 
1389CRITICAL.
1390WITH A BROADBAND CONNECTION 
1391HEALTHCARE PROVIDERS IN 
1392SMALL-TOWN AMERICA CAN DELIVER 
1393THE SAME QUALITY OF HEALTHCARE 
1394AS THOSE IN OUR NATION'S BIG 
1395CITIES.
1396THE FCC CAN AND DOES PROMOTE 
1397THIS.
1398THE RURAL HEALTH CARE PROGRAMS 
1399HELPS HEALTHCARE PROVIDERS 
1400AFFORD THE CONDUCTIVITY THEY 
1401NEED TO BETTER SERVE THEIR 
1402PATIENTS.
1403BUT IT'S FACING REAL PROBLEMS.
1404FIRST, THE PROGRAM IS 
1405OVERSUBSCRIBED.
1406THE YEARLY DEMAND FOR FUNDING 
1407NOW EXCEEDS THE ANNUAL SPENDING 
1408CAP.
1409SECOND, THERE MAY BE SUBSTANTIAL 
1410WASTE, FRAUD, AND ABUSE IN THE 
1411PROGRAM.
1412IT'S AN ENFORCEMENT ACTIVITY HAS 
1413SHOWN THAT UNSCRUPULOUS 
1414COMPANIES CAN MANIPULATE THE 
1415SYSTEM FOR THEIR OWN PROFIT AT 
1416THE EXPENSE OF THE AMERICAN 
1417TAXPAYER AND THE RURAL 
1418HEALTHCARE PROVIDERS THAT TRULY 
1419NEED SUPPORT.
1420IN THIS NOTICE WE TACKLED TWO 
1421KEY ISSUES, WHAT SIZE SHOULD THE 
1422PROGRAM BE GOING FORWARD AND HOW 
1423CAN IT FUNCTION MORE 
1424EFFECTIVELY.
1425EVERY DOLLAR IN THIS PROGRAM 
1426NEEDS TO BE STRETCHED AS FAR AS 
1427POSSIBLE TO HELP THOSE IN NEED 
1428IN PLACES LIKE SOUTHEAST KANSAS.
1429THANK YOU TO THE STAFF OF WORKED 
1430ON THIS ITEM SPECIFICALLY DANA 
1431BRADFORD, REGINA BROWN, MARYBETH 
1432DELUCA, BELFORD LOWN SAID, DAVE 
1433CORY, PAUL, BILLY, JONATHAN 
1434LECTOR, TRAVIS LITTMAN, RICK 
1435MELLON, DAVIS MITCHELL, KRIS 
1436MONTEITH, WHEN DID OLIVER, 
1437CAROL, ERIC, BILL RICHARDSON, 
1438ARIEL ROTH, JEFFREY AND LAST, 
1439BUT CERTAINLY NOT LEAST OUR 
1440PRESENTER PRESTON WISE.
1441WITH THAT WE MOVE TO A VOTE.
1442COMMISSIONERS.
1443THE ITEM IS ADOPTED WITH 
1444EDITORIAL PRIVILEGES GRANTED AS 
1445PRESENTED.
1446THANK YOU FOR A FANTASTIC JOB.
1447WASTE, FRAUD, AND ABUSE THE NEXT 
1448ITEM ON TODAY'S AGENDA.
1449>> MR. CHAIRMAN AND 
1450COMMISSIONER'S THE THIRD ITEM 
1451WILL BE PRESENTED BY THE 
1452WIRELESS TELECOMMUNICATIONS 
1453BUREAU IT'S ENTITLED CERTAIN 
1454TOWERS CONSTRUCTED WITHOUT 
1455DOCUMENTATION AFFECTING 106 
1456REVIEW AND DONALD STOCKDALE 
1457CHIEF OF THE BARREL WILL GIVE 
1458THE INTRODUCTION.
1459>> THANK YOU, MADAM SECRETARY.
1460MR. STOCKDALE, WHENEVER YOU ARE 
1461READY THE FLOOR IS YOURS.
1462>> GOOD MORNING MR. CHAIRMAN, 
1463COMMISSIONERS.
1464I AM PLEASED TO PRESENT TO YOU A 
1465PUBLIC NOTICE SEEKING COMMENT ON 
1466A PLAN TO EXCLUDE FROM ROUTINE 
1467HISTORIC PRESERVATION REVIEW THE 
1468CO-LOCATION OF WIRELESS 
1469COMMUNICATIONS EQUIPMENT.
1470ON CERTAIN TOWERS KNOWN AS 
1471TWILIGHT TOWERS.
1472I AM JOINED AT THE TABLE TODAY 
1473BY
1474 SUZANNE TETREAULT, DEPUTY
1475 CHIEF,
1476 GARNET HANLY, CHIEF,
1477 COMPETITION AND INFRASTRUCTURE
1478 POLICY DIVISION,
1479 JEFFREY STEINBERG, DEPUTY
1480 CHIEF, COMPETITION AND
1481 INFRASTRUCTURE POLICY DIVISION,
1482 DANIEL MARGOLIS, ATTORNEY
1483 ADVISOR, COMPETITION AND
1484 INFRASTRUCTURE POLICY DIVISIONIN ADDITION TO THE STAFF AT THE 
1485TABLE I WOULD LIKE TO THANK PAUL 
1486DIARY, ELI JOHNSON, AND JILL 
1487SPRINGER FROM OUR COMPETITION 
1488AND INFRASTRUCTURE DIVISION FOR 
1489THEIR WORK AND ALL OF THE 
1490COMMISSION STAFF LISTED ON THE 
1491SLIDE FOR THEIR INPUT.
1492DAN WILL NOW PRESENT THE ITEM.
1493>> GOOD MORNING MR. CHAIRMAN, 
1494COMMISSIONERS.
1495THIS PUBLIC NOTICE WOULD 
1496CONTINUE THE COMMISSION'S 
1497EFFORTS TO STREAMLINE WIRELESS 
1498INFRASTRUCTURE DEPLOYMENT BY 
1499SEEKING COMMENT ON A DEFINITIVE 
1500SOLUTION FOR EXPEDITING 
1501EQUIPMENT CO-LOCATION ON 
1502SO-CALLED TWILIGHT TOWERS.
1503TWILIGHT TOWERS ARE TOWERS THAT 
1504WERE CONSTRUCTED BETWEEN 
1505MARCH 16, '20, AND MARCH 5 THAT 
1506DID NOT COMPLETE REVIEW OR 
1507CANNOT BE DOCUMENTED TO HAVE 
1508COMPLETED SUCH REVIEW.
1509DURING THAT TIME PERIOD THE 
1510HISTORIC PRESERVATION RULES 
1511REQUIRED LICENSEES AND 
1512APPLICANTS TO EVALUATE WHETHER 
1513PROPOSED FACILITIES MAY AFFECT 
1514HISTORIC PROPERTIES, BUT THE 
1515TEXT OF THE RULE DID NOT SPECIFY 
1516A PARTICULAR PROCESS THAT 
1517PARTIES WERE REQUIRED TO FOLLOW.
1518THE NATIONAL HISTORIC 
1519PRESERVATION ACT REQUIRES EVERY 
1520FEDERAL AGENCY BEFORE ALLOWING 
1521AN UNDERTAKING WITHIN A 
1522JURISDICTION TO PROCEED TO 
1523CONSIDER THE UNDERTAKING EFFECTS 
1524ON BUILDINGS AND SITES ELIGIBLE 
1525FOR PROTECTION AS HISTORIC 
1526PROPERTIES.
1527THE ADVISORY COUNCIL ON HISTORIC 
1528PRESERVATION HAS ESTABLISHED 
1529RULES GOVERNING THE PROCESS FOR 
1530CONDUCTING HISTORIC PRESERVATION 
1531REVIEW.
1532THE ADVISORY COUNCIL HAS THE 
1533AUTHORITY TO ADOPT PROGRAM 
1534ALTERNATIVES THAT MAY BE USED BY 
1535FEDERAL AGENCIES TO EXCLUDE FROM 
1536REVIEW PARTICULAR TYPES OF 
1537FEDERAL UNDERTAKING THAT HAVE 
1538MINIMAL POTENTIAL TO ADVERSELY 
1539AFFECT HISTORIC PROPERTIES.
1540UNDER ONE SUCH PROGRAM 
1541ALTERNATIVE THE NATIONWIDE 
1542PROGRAMMATIC AGREEMENT FOR 
1543CO-LOCATION OF WIRELESS 
1544ANTENNAS, MOST CO-LOCATIONS ON 
1545TOWERS THAT UNDERWENT HISTORIC 
1546PRESERVATION REVIEW ARE EXCLUDED 
1547FROM ANY FURTHER REVIEW.
1548BUT SINCE TWILIGHT TOWERS LACKED 
1549THE DOCUMENTATION OF ANY PRIOR 
1550REVIEW, CO-LOCATION ON TWILIGHT 
1551TOWERS ARE NOT ELIGIBLE FOR THE 
1552CO-LOCATION EXCLUSION FROM 
1553HISTORIC PRESERVATION REVIEW.
1554THIS PUBLIC NOTICE SEEKS PUBLIC 
1555INPUT ON A TYPE OF PROGRAM 
1556ALTERNATIVE, A DRAFT PROGRAM 
1557COMMENT THAT WOULD FACILITATE 
1558CO-LOCATION ON TWILIGHT TOWERS 
1559BY GENERALLY EXCLUDING FROM THE 
1560HISTORIC PRESERVATION REVIEW 
1561PROCESS CO-LOCATIONS THAT MEET 
1562CERTAIN SPECIFIED CONDITIONS.
1563IF ADOPTED BY THE ADVISORY 
1564COUNCIL ON HISTORIC 
1565PRESERVATION, THIS DRAFT PROGRAM 
1566COMMENT WOULD MAKE POTENTIALLY 
1567THOUSANDS OF EXISTING TWILIGHT 
1568TOWERS AVAILABLE FOR CO-LOCATION 
1569WITHOUT THE NEED FOR EITHER THE 
1570CO-LOCATION OR THE UNDERLYING 
1571TOWER TO COMPLETE HISTORIC 
1572PRESERVATION REVIEW.
1573THE DRAFT PROGRAM COMMENT 
1574PRECEDES THE TWILIGHT TOWERS 
1575LIKE OLDER TOWERS CONSTRUCTED 
1576BEFORE MARCH 16, 2001 WHICH ARE 
1577ALREADY EXCLUDED FROM THE 
1578HISTORIC PRESERVATION REVIEW 
1579PROCESS.
1580THE WIRELESS TELECOMMUNICATIONS 
1581BUREAU RECOMMENDS ADOPTION AND 
1582REQUEST EDITORIAL PRIVILEGES TO 
1583MAKE TECHNICAL OR CONFORMING 
1584EDITS.
1585THANK YOU.
1586>>CHAIRMAN PAI:  WE WILL TURN TO 
1587COMMENTS FROM THE BENCH 
1588BEGINNING WITH COMMISSIONER 
1589CLYBURN.
1590>>COMMISSIONER CLYBURN:  OUR 
1591BEST ESTIMATE SHOWED TODAY THAT 
1592THERE ARE JUST OVER 4,000 
1593TWILIGHT TOWERS ACROSS THE 
1594UNITED STATES.
1595TO THOSE OUTSIDE OF THE WORLD OF 
1596THE COMMUNICATIONS BAR BE HAPPY.
1597SORRY.
1598BUT THESE ARE WIRELESS TOWERS 
1599FOR WHICH THE HISTORIC 
1600PRESERVATION REVIEW PROCESS MAY 
1601OR MAY NOT HAVE BEEN COMPLETED.
1602I AM SURE THAT THOSE WHO WORKED 
1603ON THE 2001 AND 2005 NATIONWIDE 
1604PROGRAMMATIC AGREEMENT COULD NOT 
1605HAVE IMAGINED THAT THE SERIOUS 
1606AND FRUSTRATING QUESTIONS ABOUT 
1607THE LEGALITY OF THESE TOWERS 
1608WOULD BE THE SUBJECT OF A 2017 
1609PROCEEDING.
1610NEVER THE LESS, AS SOMEONE -- 
1611PHONES GOES OFF I WON'T TELL HIM 
1612YOU.
1613THE APPROACH WE ARE TAKING TODAY 
1614SEEKS TO RESOLVE WHAT HAS BECOME 
1615A CONFOUNDING ISSUE.
1616PROGRAM COMMENT PRESENTS AN 
1617ALTERNATIVE TO STREAMLINE THE 
1618PROCEDURE FOR A CO-LOCATION 
1619APPLICANT TO COMPLY WITH THE 
1620HISTORIC REVIEW REQUIREMENTS.
1621IN 2013 AS ACTING CHAIR, I SAW 
1622FIRSTHAND HOW RESPECTIVE PROGRAM 
1623COMMENTS COULD BE WHEN I 
1624DIRECTED THE STAFF OF THE 
1625WIRELESS TELECOMMUNICATIONS 
1626BUREAU TO PREPARE AND RELEASE 
1627TOWERS TO DEPLOY POSITIVE TRAIN 
1628CONTROL COMMUNICATIONS.
1629IT IS IMPORTANT THAT WE DESIGN 
1630PROGRAM COMMENT TO ENSURE THAT 
1631TRIBAL NATIONS HAVE A FULL 
1632OPPORTUNITY TO PARTICIPATE IN 
1633THE REVIEW OF PROPOSED 
1634CO-LOCATIONS.
1635IN OUR APRIL 2017 NPRM ON 
1636FACILITATING WIRELESS 
1637INFRASTRUCTURE DEPLOYMENT WE 
1638DISCUSSED HOW TRIBAL NATIONS 
1639HAVE EXPRESSED CONCERNS THAT 
1640SOME OF THE TWILIGHT TOWERS 
1641WHICH WERE CONSTRUCTED BETWEEN 
16422001 AND 2005 MAY HAVE EFFECTS 
1643ON PROPERTIES OF RELIGIOUS AND 
1644CULTURAL SIGNIFICANCE.
1645SO I AM GLAD THAT THIS PROGRAM 
1646COMMENT MAKES CLEAR THAT A 
1647TRIBAL NATION MAY REQUEST DIRECT 
1648GOVERNMENT TO GOVERNMENT 
1649CONSULTATION WITH THE FCC AT ANY 
1650TIME WITH RESPECT TO A TWILIGHT 
1651TOWERS OR CO-LOCATION.
1652I THANK THE BUREAU FOR THEIR 
1653WORK ON THIS PROCEEDING AND WILL 
1654ASK FORGIVENESS TO THE BUREAU 
1655CHIEF ARE LETTING EVERYONE KNOW 
1656THAT THAT WAS HIS PHONE THAT 
1657WENT OFF.
1658[LAUGHING]
1659>>CHAIRMAN PAI:  FORTUNATELY NO 
1660ONE IS WATCHING, RIGHT.
1661[LAUGHING]
1662THANK YOU, COMMISSIONER.
1663COMMISSIONER O'RIELLY.
1664>>COMMISSIONER O'RIELLY:  NONE 
1665OF US ON THE COMMISSION BECAUSE 
1666THE TWILIGHT TOWERS COMMISSION.
1667INSTEAD WE GET THE JOB OF 
1668CLEANING UP THE MESS.
1669TODAY WE TAKE A DECISIVE FIRST 
1670STEP TO DO JUST THAT.
1671ONCE COMPLETE OUR RESULTING 
1672ACTIONS WILL EXPEDITE CERTAIN 
1673AND TENNECO LOCATIONS, REDUCE 
1674THE NEED FOR ADDITIONAL MACRO 
1675TOWER CONSTRUCTION AND 
1676PLACEMENT, FACILITATE THE 
1677EXPANSION OF WIRELESS NETWORKS 
1678INCLUDING FIRSTNET AND IMPROVE 
1679THE WIRELESS EXPERIENCE FOR 
1680CONSUMERS.
1681HAVING TOILED ON THIS ISSUE FOR 
1682SEVERAL YEARS, I'M WELL AWARE OF 
1683SOME DIFFERING PERSPECTIVES AND 
1684VIEWS ON WHAT BEST TO DO WITH 
1685TWILIGHT TOWERS.
1686OVER THAT TIME I'VE EXPLORED 
1687ASSORTED OPTIONS AND 
1688PARTICIPATED IN COUNTLESS 
1689CONVERSATIONS OVER POSSIBLE 
1690SOLUTIONS SEEKING RESOLUTION 
1691WHILE DEMANDING AND REALIZATION 
1692OF THE REALITY.
1693I HAVE PUSHED COMMISSION STAFF 
1694MANY OF WHOM ARE NO LONGER HERE 
1695TO SEE THIS CONCLUSION TO 
1696EXPEDITE CONSULTATIONS AND CRAFT 
1697A DRAFT ORDER EXPEDITIOUSLY.
1698I KNOW THERE HAVE BEEN ENDLESS 
1699DISCUSSIONS, CONSULTATIONS, 
1700NEGOTIATIONS, WORKSHOPS AND 
1701CONFERENCES WITH STAFF AND 
1702STAKEHOLDERS OVER THE YEAR THAT 
1703NEVER RESULTED IN THE RESOLUTION 
1704OF THE PROBLEM.
1705ALL OF THIS PROCEEDING WORK 
1706HOWEVER, HAS LED US TO THIS 
1707PUBLIC NOTICE AND I WANT TO 
1708THANK THE CHAIRMAN AND 
1709COMMISSIONER CARR FOR THEIR 
1710LEADERSHIP IN MAKING THIS ISSUE 
1711ONE OF THE EARLY ACTION ITEMS 
1712FOR REMOVING BARRIERS.
1713THIS PN IS INCREDIBLY POSITIVE 
1714STEP FORWARD TO ADDRESS THE 
1715REGULATORY PREDATORY FACED BY 
1716THOSE OWNING SO-CALLED TWILIGHT 
1717TOWERS.
1718THESE TOWERS SOME 4300 OR SO BY 
1719MOST ESTIMATES AS COMMISSIONER 
1720HOT CLYBURN HIGHLIGHTED HAVE 
1721BEEN IN OPERATION BRINGING 
1722WIRELESS SERVICE TO AMERICAN 
1723PEOPLE FOR SOMEWHERE BETWEEN 12 
1724AND 16 YEARS.
1725AT THE SAME TIME, OWNERS OF 
1726THESE TOWERS MANY OF WHICH HAVE 
1727BEEN SINCE SOLD HAVE BEEN STUCK, 
1728UNABLE TO ACCEPT CO-LOCATION 
1729PARTNERS WHILE POLICYMAKERS 
1730WRESTLE WITH THE FACT THAT THE 
1731REQUISITE HISTORIC PRESERVATION 
1732REVIEWS WERE NOT DOCUMENTED.
1733IT'S ESTIMATED THESE TOWERS 
1734COULD ACCOMMODATE AN ADDITIONAL 
17356510 US.
1736CONSUMERS HAVE BEEN PREVENTED 
1737FROM MANY BENEFITS FROM FULLY 
1738LOADED TOWERS INCLUDING 
1739INCREASED NETWORK COVERAGE.
1740I'M AWARE OF NO ONE THAT 
1741PRESENTS A TIME MACHINE TO GO 
1742BACK AND CONDUCT THE REVIEWS 
1743PURSUANT TO COMMISSION RULES IN 
1744PLACE TODAY AND NOT BACK THEN, 
1745WE MUST OPERATE IN THE PRESENCE 
1746WITH THE FACTS AS THEY ARE, NOT 
1747HOW WE MAY LIKE THEM TO BE.
1748BASICALLY THE TOWERS ALREADY 
1749EXIST IN MOST CASES -- TOUGH ON 
1750THERE, WERE NEVER SUBJECT -- 
1751[LAUGHING]
1752TO COMPLAINT.
1753IT WOULD TAKE MILLIONS OF 
1754DOLLARS IN YEARS TO CREATE A 
1755LIST OF ALL THE TWILIGHT TOWERS 
1756AND HAVE THEM INDIVIDUALLY 
1757REVIEWED AND IN THE MEANTIME 
1758TOWERS WOULD CONTINUE TO BE 
1759UNDERUTILIZED TO THE DETRIMENT 
1760OF CONSUMERS.
1761WITH THIS IN MIND AS WELL AS THE 
1762REALIZATION THE COMMISSION WILL 
1763NOT UNDERTAKE ENFORCEMENT ACTION 
1764AGAINST TOWER OWNERS FOR THE 
1765UNCERTAINTY CAUSED BY OUR OWN 
1766UNDOING, THE PUBLIC NOTICE TAKES 
1767THE MOST APPROPRIATE ACTION BY 
1768ESTABLISHING A DRAFT PROGRAM 
1769COMMENT FOR CONSIDERATION.
1770SPECIFICALLY THE CONTENTS OF THE 
1771DRAFT PROGRAM, IT WOULD EXCLUDE 
1772CO-LOCATIONS OF WIRELESS 
1773FACILITIES ON TWILIGHT TOWERS 
1774FROM SECTION 106 REVIEW.
1775IN FACT, MOVING FORWARD IN 
1776CLOSING THIS CHAPTER IN 
1777REGULATORY HISTORY.
1778THANK YOU, MR. CHAIRMAN.
1779>>CHAIRMAN PAI:  THANK YOU.
1780COMMISSIONER CARR.
1781>>COMMISSIONER CARR:  TODAY WE 
1782TAKE A SIGNIFICANT STEP IN THE 
1783ONGOING EFFORT TO ACCELERATE AND 
1784STREAMLINE THE DEPLOYMENT OF 
1785WIRELESS INFRASTRUCTURE.
1786SPECIFICALLY AS YOU HEARD WE 
1787PROPOSED TO RESOLVE WHAT'S BEEN 
1788A LONG-STANDING ISSUE WITH 
1789TWILIGHT TOWERS.
1790THE APPROACH WE ADOPT TODAY WILL 
1791CULMINATE THE ADVISORY COUNCIL 
1792ON HISTORIC PRESERVATION 
1793ADOPTING A DOCUMENT KNOWN AS 
1794SOMETHING THAT WOULD EXCLUDES 
1795EQUIPMENT ON TWILIGHT TOWERS 
1796FROM ROUTINE HISTORIC 
1797PRESERVATION REVIEW.
1798THIS ACTION COULD OPEN UP 
1799THOUSANDS OF TOWERS FOR THE 
1800DEPLOYMENT OF NEW WIRELESS 
1801FACILITIES.
1802AS SUCH THESE TOWERS WOULD BE 
1803TREATED SIMILARLY TO OLDER 
1804TOWERS THAT ARE ALREADY EXCLUDED 
1805FROM HISTORIC PRESERVATION 
1806REVIEW.
1807WE ALSO MAKE CLEAR THAT THE 
1808AGENCY WILL NOT TAKE ENFORCEMENT 
1809ACTION AGAINST TWILIGHT TOWERS 
1810THAT WERE CONSTRUCTED.
1811THIS CLARIFICATION FURTHER 
1812REMOVES THE REGULATORY 
1813UNCERTAINTY THAT IS HUNG OVER 
1814THESE DEPLOYMENTS ARE FAR TOO 
1815LONG.
1816I'M GRATEFUL AS WELL FOR THE 
1817ENGAGEMENT WE'VE SEEN ON THIS 
1818ISSUE IN RESPONSE TO PUBLIC 
1819INPUT AND MAKE CLEAR IN THE 
1820DRAFT PROGRAM COMMENTS THAT WE 
1821ARE PROPOSING CO-LOCATION ON A 
1822TWILIGHT TOWERS NOT EXCLUDED 
1823FROM HISTORIC PRESERVATION 
1824REVIEW, SUCH REVIEW WILL BE 
1825LIMITED TO THE CO-LOCATION 
1826ITSELF AND NOT THE UNDERLYING 
1827TOWER.
1828WE ALSO CLARIFY THE STANDARDS 
1829UNDER WHICH THE FCC WILL TREAT A 
1830REQUEST FOR DIRECT GOVERNMENT TO 
1831GOVERNMENT CONSULTATION BY 
1832TRIBAL NATIONS AND COMPLAINTS 
1833AGAINST A PROPOSED CO-LOCATION.
1834THESE CLARIFICATIONS PROVIDE 
1835STAKEHOLDERS WITH ADDITIONAL 
1836CERTAINTY.
1837I THANK MY COLLEAGUES FOR THEIR 
1838WILLINGNESS TO INCORPORATE THESE 
1839CHANGES IN THE DRAFT PROGRAM 
1840COMMENTS.
1841FOR MORE THAN A DECADE WE'VE 
1842HEARD THE FCC AND A BROAD RANGE 
1843OF STAKEHOLDERS DEBATING THE 
1844BEST APPROACH FOR RESOLVING THE 
1845REGULATORY STATUS OF TWILIGHT 
1846TOWERS.
1847I'M GLAD THIS COMMISSION MOVING 
1848FORWARD WITH A CONCRETE SOLUTION 
1849THAT CAN OPEN UP THESE 
1850STRUCTURES FOR ADDITIONAL 
1851WIRELESS DEPLOYMENT.
1852DOING SO WILL BRING ADVANCED 
1853WIRELESS OFFERINGS EVEN TWO MORE 
1854AMERICANS.
1855I THANK THE STAFF OF THE 
1856WIRELESS TELECOMMUNICATIONS 
1857BUREAU FOR THEIR HARD WORK ON 
1858THIS ITEM IN THE BROADER EFFORTS 
1859TO STREAMLINE THE DEPLOYMENT OF 
1860WIRELESS INFRASTRUCTURE.
1861I LOOK FORWARD TO CONTINUING TO 
1862MAKE PROGRESS ON THESE ISSUES IN 
1863THE MONTHS TO COME.
1864THANKS.
1865>>CHAIRMAN PAI:  THANK YOU, 
1866COMMISSIONER.
1867COMMISSIONER ROSENWORCEL.
1868>>COMMISSIONER ROSENWORCEL:  FOR 
1869TOO LONG, OR -- TOWERS BUILT 
1870DURING THE TWILIGHT PERIOD HAVE 
1871BEEN CAUGHT IN A REGULATORY 
1872QUAGMIRE.
1873DURING THIS 4 YEAR PERIOD FROM 
18742001-2005 BOTH THE COMMISSION 
1875AND ADVISORY COUNCIL ON HISTORIC 
1876PRESERVATION WERE ADJUSTING 
1877THEIR WELLS TO ACCOMMODATE THE 
1878NEED TO FACILITATE THE 
1879NATIONWIDE BUILDING OF WIRELESS 
1880INFRASTRUCTURE.
1881BUT BEFORE POLICIES WERE PUT IN 
1882PLACE TOWERS WERE PUT IN THE 
1883GROUND AND THESE FACILITIES HAVE 
1884BEEN STUCK IN REGULATORY LIMBO.
1885TODAY'S PROPOSAL DOES NOT OFFER 
1886THE TIME MACHINE THAT 
1887COMMISSIONER O'RIELLY TALKED 
1888ABOUT, BUT IT DOES BRING AN END 
1889TO THE AMBIGUITY AND MAKE THE 
1890TOWERS AVAILABLE FOR CO-LOCATION 
1891WITHOUT SACRIFICING THE ABILITY 
1892TO ENTERTAIN MEANINGFUL 
1893OBJECTION OR ENGAGE IN TOWERS 
1894SPECIFIC MITIGATION.
1895THIS APPROACH CAN BENEFIT THE 
1896FIRST RESPONDER NETWORK 
1897 
1898AUTHORITY AND OTHER BROADBAND 
1899PROVIDERS SEEKING TO DEPLOY NEW 
1900INFRASTRUCTURE.
1901IT ALSO CAN FURTHER HISTORIC 
1902PRESERVATION GOALS BY LIMITING 
1903THE NEED FOR ADDITIONAL TOWERS.
1904BUT I DO THINK WE STILL HAVE A 
1905LONG WAY TO GO TO HONOR OUR 
1906FEDERAL TRUST RESPONSIBILITY TO 
1907TRIBAL COMMUNITIES IMPACTED BY 
1908TOWERS CONSTRUCTED DURING THE 
1909TWILIGHT PERIOD.
1910I CONCUR TODAY BECAUSE I BELIEVE 
1911OUR EFFORT IS WELL INTENDED BUT 
1912FALLS SHORT OF WHAT IS REQUIRED.
1913IF WE PROCEED WITH THIS DRAFT 
1914PROPOSAL I THINK WE NEED TO 
1915SIMULTANEOUSLY UPDATE THE 
1916COMMISSION'S STATEMENT OF POLICY 
1917ON ESTABLISHING A GOVERNMENT TO 
1918GOVERNMENT RELATIONSHIP BETWEEN 
1919THE AGENCY AND FEDERALLY 
1920RECOGNIZED TRIBES.
1921THIS DOCUMENT HAS NOT BEEN 
1922REVISITED SINCE IT WAS ADOPTED 
1923MORE THAN A DECADE AND A HALF 
1924AGO.
1925I THINK IT'S TIME TO TAKE ON 
1926THIS TASK AND DO IT IN 
1927CONJUNCTION WITH RESOLVING THESE 
1928LONG-STANDING ISSUES OF TOWER 
1929CONSTRUCTION.
1930IN DOING SO, WE CAN SET A CLEAR 
1931AND UPDATED COURSE FOR 
1932COMMISSION POLICY WHILE ALSO 
1933GIVING SUBSTANCE TO TRIBAL 
1934SELF-DETERMINATION.
1935AND THAT, I BELIEVE, WOULD BE 
1936WORTH THE EFFORT.
1937THANK YOU.
1938>>CHAIRMAN PAI:  THANK YOU, 
1939COMMISSIONER.
1940SIMILAR TO THE VAMPIRES IN THE 
1941TWILIGHT SERIES, FOR MANY OF US 
1942AT THE COMMISSION TWILIGHT 
1943TOWERS SEEMED LIKE AN ISSUE THAT 
1944SIMPLY WOULD NEVER DIE.
1945BUT, NO MORE.
1946TODAY I AM PLEASED THAT AFTER 
1947MORE THAN A DECADE THE FCC IS 
1948FINALLY MOVING FORWARD TO 
1949ADDRESS THIS LONG-STANDING 
1950PROBLEM.
1951AFTER MANY DISCUSSIONS WITH 
1952TRIBAL REPRESENTATIVES, INDUSTRY 
1953AND STAKEHOLDERS IT'S CLEAR THAT 
1954IT IS UP TO THE FCC WORKING WITH 
1955COLLEAGUES AT THE ADVISORY 
1956COUNCIL ON HISTORIC PRESERVATION 
1957TO FINALLY SOLVE THIS PROBLEM.
1958AND NONE TOO SOON.
1959MORE RAPIDLY WE ENABLED THE 
1960ADDITIONAL USE OF THE STRUCTURE 
1961OF THE SOONER CONSUMERS 
1962EVERYWHERE CAN BENEFIT FROM 
1963NEXT-GENERATION WIRELESS 
1964SERVICES.
1965IT IS MY HOPE THIS ISSUE WILL BE 
1966WRAPPED UP AT LONG LAST BY THE 
1967MIDDLE OF NEXT YEAR.
1968I APPRECIATE THE ENGAGEMENT OF 
1969STAFF ON THIS ISSUE AND LOOK 
1970FORWARD TO WORKING WITH THEM AS 
1971WE ADVANCE THIS AND OTHER 
1972WIRELESS INFRASTRUCTURE ISSUES.
1973I'D ALSO LIKE TO THANK MY 
1974COLLEAGUES FOR THEIR SUPPORT ON 
1975THIS ITEM.
1976IN PARTICULAR THANKS TO 
1977COMMISSIONER O'RIELLY WHO HAS 
1978LONG CALLED FOR RESOLUTION TO 
1979THIS ISSUE AND COMMISSIONER CARR 
1980FOR HIS CONTINUED LEADERSHIP ON 
1981THE WIRELESS INFRASTRUCTURE 
1982REFORM DOCKET AND LAST, BUT MOST 
1983THANKS TO THE STAFF WHO WORKED 
1984ON THIS ITEM.
1985PAUL D'ARI, GARNET HANLY, ELI 
1986JOHNSON, DAN MARGOLIS, JILL 
1987SPRINGER, JEFF STEINBERG, JOHN 
1988STOCKDALE, CECILIA SULHOFF, AND 
1989MARY CLEARY YORK FOR THE 
1990WIRELESS TELECOMMUNICATION.
1991, JANET SEIFERT FROM THE 
1992CONSUMER AND GOVERNMENTAL 
1993AFFAIRS BUREAU AND DEBORAH, 
1994LINDA OLIVER AND BILL RICHARDSON 
1995FROM THE OFFICE OF GENERAL 
1996COUNSEL.
1997TERRIFIC WORK BY ALL OF YOU.
1998WE WILL PROCEED TO A VOTE ON THE 
1999ITEM.
2000COMMISSIONER CLYBURN.
2001COMMISSIONER O'RIELLY.
2002COMMISSIONER CARR.
2003COMMISSIONER ROSENWORCEL.
2004CHAIR VOTES AYE AS WELL.
2005EDITORIAL PRIVILEGES GRANTED.
2006THANKS FOR THEIR GREAT WORK.
2007MADAME SECRETARY, PLEASE 
2008ANNOUNCE THE NEXT ITEM ON THE 
2009AGENDA.
2010>> THE FOURTH ITEM ON YOUR 
2011AGENDA WILL BE PRESENTED BY THE 
2012WIRELINE COMPETITION BUREAU AND 
2013IS ENTITLED RESTORING INTERNET 
2014FREEDOM.
2015 KRIS MONTEITH,
2016 BUREAU CHIEF, WIRELINE
2017 COMPETITION BUREAU
2018WILL GIVE THE INTRODUCTION.
2019>>CHAIRMAN PAI:  WHENEVER YOU'RE 
2020READY, THE FLOOR IS YOURS.
2021>> I THINK IT IS STILL GOOD 
2022MORNING SO GOOD MORNING CHAIRMAN 
2023AND COMMISSIONERS.
2024THE WIRELINE COMPETITION BUREAU 
2025PRESENTS FOR YOUR CONSIDERATION 
2026A DECLARATORY RULING REPORT AND 
2027ORDER AND ORDER ON RESTORING 
2028INTERNET FREEDOM.
2029THE ITEM WOULD ELIMINATE 
2030BURDENSOME REGULATIONS THAT 
2031STIFLE INNOVATION AS THE FIRST 
2032INVESTMENT AND EMPOWER AMERICANS 
2033TO CHOOSE THE BROADBAND INTERNET 
2034ACCESS SERVICE THAT BEST FITS 
2035THEIR NEED.
2036I WOULD LIKE TO THANK THE 
2037COMPETITION POLICY DIVISION TEAM 
2038FOR THEIR AMAZING WORK ON THIS 
2039PROCEEDING.
2040WE ALSO RECEIVED INVALUABLE 
2041INPUT FROM OUR COLLEAGUES IN THE 
2042WIRELESS TELECOMMUNICATIONS 
2043BUREAU, CONSUMER AND 
2044GOVERNMENTAL AFFAIRS BUREAU, 
2045ENFORCEMENT, MEDIA AND PUBLIC 
2046SAFETY AND HOMELAND SECURITY 
2047BUREAU AS WELL AS FROM THE 
2048OFFICES OF GENERAL COUNSEL AND 
2049STRATEGIC PLANNING.
2050SEATED AT THE TABLE WITH ME FROM 
2051THE WIRELINE COMPETITION BUREAU 
2052ARE
2053 MADELEINE FINDLEY,
2054 DEPUTY BUREAU CHIEF,
2055 ERIC RALPH,
2056 CHIEF ECONOMIST,
2057 DANIEL KAHN,
2058 DIVISION CHIEF, COMPETITION
2059 POLICY DIVISION,
2060 MELISSA KIRKEL,
2061 ASSISTANT DIVISION CHIEF,
2062 COMPETITION POLICY DIVISION,
2063 DEBORAH SALONS,
2064 ATTORNEY ADVISOR, COMPETITION
2065 POLICY DIVISION.
2066JOINING ME AT THE TABLE FROM THE 
2067WIRELESS TELECOMMUNICATIONS 
2068BUREAU ARE
2069 DONALD STOCKDALE,
2070 BUREAU CHIEF, WIRELESS
2071 TELECOMMUNICATIONS BUREAU,
2072 NESE GUENDELSBERGER,
2073 DEPUTY BUREAU CHIEF, WIRELESS
2074 TELECOMMUNICATIONS BUREAU,
2075 JERRY ELLIG,
2076 CHIEF ECONOMIST, OFFICE OF
2077 STRATEGIC PLANNING.
2078DEBORAH WILL NOW PRESENT THE 
2079ITEM.
2080>> GOOD MORNING MR. CHAIRMAN AND 
2081COMMISSIONER'S.
2082THIS DECLARATORY RULING, REPORT 
2083AND ORDER AND ORDER TAKE SEVERAL 
2084ACTIONS TO RESTORE INTERNET 
2085FREEDOM.
2086FIRST, THE DECLARATORY RULING 
2087RESTORES BROADBAND INTERNET 
2088ACCESS SERVICE TO TITLE I 
2089INFORMATION SERVICE 
2090CLASSIFICATION.
2091THE ITEM FINDS THAT 
2092RECLASSIFICATION AS AN 
2093INFORMATION SERVICE BEST 
2094COMPORTS WITH THE TEXT AND 
2095STRUCTURE OF THE COMMUNICATIONS 
2096ACT, SEND PRECEDENT AND THE 
2097POLICY OBJECTIVES.
2098IN DOING SO THE ITEM ENDS 
2099HEAVY-HANDED UTILITY STYLE 
2100REGULATION OF THE INTERNET IN 
2101FAVOR OF A LIGHT TOUCH 
2102FRAMEWORK, WHICH WORKS FOR 
2103DECADES PRIOR TO 2015.
2104THE DECLARATORY RULING ALSO 
2105REINSTATES THE PRIVATE MOBILE 
2106SERVICE CLASSIFICATION OF MOBILE 
2107BROADBAND INTERNET ACCESS 
2108SERVICE AND RETURNS TO THE 
2109COMMISSION'S DEFINITION OF 
2110INTERCONNECTED SERVICE THAT 
2111EXISTED PRIOR TO 2015.
2112THE ITEM RESTORES THE AUTHORITY 
2113OF THE FEDERAL TRADE COMMISSION 
2114TO ENFORCE CONSUMER PROTECTION 
2115AND ANTITRUST LAWS.
2116IT ALSO CLARIFIES THE EFFECTS OF 
2117THE RETURN TO AN INFORMATION 
2118SERVICE CLASSIFICATION AND OTHER 
2119REGULATORY FRAMEWORKS INCLUDING 
2120THE NEED TO APPLY A UNIFORM 
2121FEDERAL REGULATORY APPROACH TO 
2122INTERSTATE INFORMATION SERVICES 
2123LIKE BROADBAND INTERNET ACCESS 
2124SERVICE.
2125NEXT THE REPORT AND ORDER ADOPTS 
2126A TRANSPARENCY WORLD THAT WOULD 
2127REQUIRE YOUR INTERNET SERVICE 
2128PROVIDERS TO DISCLOSE 
2129INFORMATION ABOUT THEIR 
2130PRACTICES TO CONSUMERS 
2131ENTREPRENEURS AND SMALL 
2132BUSINESSES AND THE COMMISSION.
2133HE RETURNS TO THE TRANSPARENCY 
2134ROSE THE COMMISSION ADOPTED IN 
21352010 WITH CERTAIN IMPROVEMENTS 
2136TO PROMOTE ADDITIONAL 
2137TRANSPARENCY.
2138THE REPORT AND ORDER ALSO 
2139ELIMINATES THE CONDUCT RULES 
2140BASED ON THE EVIDENCE IT FINDS 
2141THAT THE RULES ARE UNNECESSARY 
2142BECAUSE THE TRANSPARENCY 
2143 
2144REQUIREMENTS TOGETHER WITH 
2145ANTITRUST AND CONSUMER 
2146PROTECTION LAWS ENSURES THAT 
2147INTERNET SERVICE PROVIDERS 
2148ENGAGING IN BEHAVIOR 
2149INCONSISTENT WITH AN OPEN 
2150INTERNET CAN BE HELD 
2151ACCOUNTABLE.
2152THE ACTIONS TAKEN IN THIS ITEM 
2153WILL ADVANCE THE COMMISSION'S 
2154CRITICAL WORK TO PROMOTE 
2155BROADBAND DEPLOYMENT IN RURAL 
2156AMERICA AND INFRASTRUCTURE 
2157INVESTMENT THROUGHOUT THE 
2158NATION.
2159BRIGHTENING THE FUTURE OF 
2160INNOVATION BOTH WITHIN THAT WORK 
2161AND AT THEIR EDGE AND MOVE 
2162CLOSER TO THE GOAL OF 
2163ELIMINATING THE DIGITAL DIVIDE.
2164THE BUREAU RECOMMENDS ADOPTION 
2165OF THIS DECLARATORY RULING, 
2166REPORT AND ORDER AND ORDER AND 
2167REQUEST EDITORIAL PRIVILEGES 
2168EXTENDING ONLY TO TECHNICAL AND 
2169CONFORMING EDITS.
2170THANK YOU.
2171>>CHAIRMAN PAI:  THANK YOU FOR 
2172THE PRESENTATION.
2173WE NOW TURN TO COMMENTS FROM THE 
2174BENCH BEGINNING WITH 
2175COMMISSIONER CLYBURN.
2176>>COMMISSIONER CLYBURN:  THANK 
2177YOU.
2178BEFORE BEGINNING MY STATEMENT I 
2179WOULD LIKE TO NOTE THAT 
2180CONGRESSMAN JERRY MCNERNEY, A 
2181MEMBER OF THE CONGRESSIONAL 
2182COMMITTEE THAT HAS OVERSIGHT 
2183OVER THIS AGENCY REQUESTED THE 
2184OPPORTUNITY TO SPEAK TODAY.
2185HE WAS DENIED, BUT I HAVE A COPY 
2186OF A STATEMENT THAT THE 
2187 
2188CONGRESSMAN WOULD HAVE DELIVERED 
2189HAD HE BEEN GIVEN THE 
2190OPPORTUNITY AND MR. CHAIRMAN, 
2191RESPECTFULLY I REQUEST YOU 
2192INCLUDE THIS IN THE OFFICIAL 
2193RECORD OF THIS PROCEEDING IF YOU 
2194WILL ALLOW.
2195>>CHAIRMAN PAI:  WITHOUT 
2196OBJECTION.
2197>>COMMISSIONER CLYBURN:  THANK 
2198YOU.
2199I DISSENT.
2200I JUST SENT FROM THIS SPUN 
2201LEGALLY LIGHTWEIGHT CONSUMER 
2202HARMING, CORPORATE ENABLING, 
2203DESTROYING INTERNET FREEDOM 
2204ORDER.
2205I DISSENT BECAUSE I AM AMONG THE 
2206MILLIONS OUTRAGED, OUTRAGED 
2207BECAUSE THE FCC PULLS ITS OWN 
2208TEETH ADVOCATING RESPONSIBILITY 
2209TO PROTECT THE NATIONS BROADBAND 
2210CONSUMERS.
2211SOME MAY ASK WHY ARE WE 
2212WITNESSING SUCH UNPRECEDENTED 
2213GROUND SWELL OF PUBLIC SUPPORT 
2214FOR KEEPING THE 2015 NET 
2215NEUTRALITY PROTECTIONS IN PLACE?
2216BECAUSE THE PUBLIC CAN PLAINLY 
2217SEE THAT A SOON TO BE TOOTHLESS 
2218FCC IS HANDING THE KEYS TO THE 
2219INTERNET, AT ONE OF THE MOST 
2220REMARKABLE, EMPOWERING, ENABLING 
2221INVENTIONS OF OUR LIFETIME, OVER 
2222TO A HANDFUL OF 
2223MULTIBILLION-DOLLAR 
2224CORPORATIONS.
2225AND IF PAST IS PROLOGUE, THOSE 
2226VERY SAME BROADBAND INTERNET 
2227SERVICE PROVIDERS THAT THE 
2228MAJORITY SAID YOU SHOULD TRUST 
2229TO DO RIGHT BY YOU WILL PUT 
2230PROFITS AND SHAREHOLDERS RETURNS 
2231ABOVE WHAT IS BEST FOR YOU.
2232EACH OF US RAISED OUR HANDS WHEN 
2233WE WERE SWORN IN AS FCC 
2234COMMISSIONERS.
2235WE TOOK AN OATH AND PROMISED TO 
2236UPHOLD OUR DUTIES AND 
2237RESPONSIBILITIES TO MAKE 
2238AVAILABLE SO FAR AS POSSIBLE TO 
2239ALL THE PEOPLE OF THE UNITED 
2240STATES WITHOUT DISCRIMINATION, A 
2241RAPID, EFFICIENT, NATIONWIDE AND 
2242WORLDWIDE WIRED AND RADIO 
2243COMMUNICATION SERVICE WITH 
2244ADEQUATE FACILITIES AND 
2245REASONABLE CHARGES.
2246TODAY THE FCC MAJORITY IS ABOUT 
2247TO OFFICIALLY ABANDON THAT 
2248PLEDGE AND MILLIONS ARE WATCHING 
2249AND TAKING NOTE.
2250I DO NOT BELIEVE THAT THERE ARE 
2251ANY FCC OR CONGRESSIONAL OFFICES 
2252IMMUNE TO THE DELUGE OF CONSUMER 
2253OUTCRIES.
2254WE ARE EVEN HEARING ABOUT STATE 
2255AND LOCAL OFFICES FIELDING CALLS 
2256AND ONE IS NEWSWORTHY THAT AT 
2257LAST COUNT AND I THINK THE 
2258NUMBERS RISING, FIVE REPUBLICAN 
2259MEMBERS OF CONGRESS WENT ON THE 
2260RECORD IN CALLING FOR A HALT TO 
2261TODAY'S VOTE.
2262WHY SUCH A BIPARTISAN OUTCRY?
2263BECAUSE THE LARGE MAJORITY OF 
2264AMERICANS ARE IN FAVOR OF 
2265KEEPING STRONG NET NEUTRALITY 
2266RULES IN PLACE.
2267BUT THE SADDEST PART TO ME ABOUT 
2268ALL OF THIS, AND IT'S PAINFUL 
2269FOR ME TO SAY THIS, THAT THIS IS 
2270THE NEW NORM AT THE FCC.
2271A NORM WHERE THE MAJORITY 
2272IGNORES THE WILL OF THE PEOPLE.
2273A NORM WHERE THE MAJORITY STANDS 
2274IDLY BY WHILE THE PEOPLE THEY 
2275ARE COMMITTED TO SERVE, THAT 
2276THEY'VE TAKEN AN OATH TO SERVE, 
2277ARE ABOUT TO LOSE SO MUCH.
2278WE HAVE HEARD STORY AFTER STORY 
2279ABOUT WHAT NET NEUTRALITY MEANS 
2280TO CONSUMERS AND SMALL 
2281BUSINESSES FROM PLACES AS 
2282DIVERSE AS LOS ANGELES SKID ROW 
2283TO MARIETTA OHIO.
2284I HAVE HERE LETTERS THAT JUST 
2285WERE SENT TO ME THAT PLEAD WITH 
2286THE FCC TO KEEP OUR NET 
2287NEUTRALITY RULES IN PLACE.
2288BUT WHAT IS STRIKING, AND IN 
2289KEEPING WITH THE NEW NORM, IS 
2290THAT DESPITE THE MILLIONS OF 
2291COMMENTS, LETTERS, AND CALLS 
2292RECEIVED, THIS ORDER NOT EVEN 
2293ONE.
2294THAT SPEAKS VOLUMES ABOUT THE 
2295DIRECTION THE CURRENT MAJORITY 
2296IS HEADING.
2297THIS FCC IS HEADING.
2298AND THAT SPEAKS VOLUMES ABOUT 
2299JUST WHO IS BEING HEARD AT THE 
2300FCC.
2301SOLE PROPRIETORS WHOSE ENTIRE 
2302BUSINESS MODELS DEPEND ON AN 
2303OPEN INTERNET ARE WORRIED THAT 
2304THE ABSENCE OF CLEAR AND 
2305ENFORCEABLE NET NEUTRALITY 
2306PROTECTIONS WILL RESULT IN 
2307HIGHER COSTS AND FEWER BENEFITS 
2308BECAUSE YOU SEE, THEY ARE NOT 
2309ABLE TO PAY THOSE PREMIUM ACCESS 
2310FEES.
2311LARGE ONLINE BUSINESSES HAVE 
2312ALSO WEIGHED IN EXPRESSING 
2313CONCERNS ABOUT BEING SUBJECT TO 
2314ADDED CHARGES AS THEY SIMPLY TRY 
2315TO REACH THEIR OWN CUSTOMERS.
2316ENGINEERS HAVE SUBMITTED 
2317COMMENTS INCLUDING MANY OF THOSE 
2318INTERNET PIONEERS.
2319THEY SHARED WITH THE FCC 
2320MAJORITY THE FUNDAMENTALS OF HOW 
2321THE INTERNET WORKS BECAUSE FROM 
2322WHERE THEY SIT, THERE IS NO WAY 
2323THAT AN ITEM LIKE THIS WOULD 
2324EVER SEE THE LIGHT OF DAY IF THE 
2325MAJORITY UNDERSTOOD THE PLATFORM 
2326THAT SOME OF THEM HELPED TO 
2327CREATE.
2328I HAVE HEARD FROM INNOVATORS 
2329WORRIED THAT WE ARE STANDING UP 
2330A MOTHER MAY I REGIME WHERE THE 
2331BROADBAND PROVIDER BECOMES THE 
2332ARBITER OF ACCEPTABLE ONLINE 
2333BUSINESS MODELS AND YET I HAVE 
2334HEARD FROM CONSUMERS WHO ARE 
2335WORRIED GIVEN THAT THERE 
2336BROADBAND PROVIDERS HAVE ALREADY 
2337SHOWN THAT THEY WILL CHARGE 
2338INSCRUTABLE BELOW THE LINE FEES, 
2339RAISE PRICES UNEXPECTEDLY, AND 
2340PUT CONSUMERS ON HOLD FOR HOURS 
2341AT A TIME, WHO WILL HAVE THEIR 
2342BEST INTEREST AT HEART IN A 
2343WORLD WITHOUT CLEAR AND 
2344ENFORCEABLE RULES OVERSEEN BY AN 
2345AGENCY WITHOUT ANY CLEAR 
2346AUTHORITY?
2347WITH THAT AGENCY BE A TWO LIST 
2348FCC?
2349THERE IS A DARKER SIDE TO ALL OF 
2350THIS THAT WE HAVE WITNESSED OVER 
2351THE PAST TWO WEEKS.
2352THREATS AND INTIMIDATION, 
2353PERSONAL ATTACKS, RUSSIAN 
2354INFLUENCE, STATE COMMENTS.
2355THESE ARE UNACCEPTABLE.
2356SOME OF THESE ACTIONS ARE 
2357ILLEGAL.
2358THEY ARE ALL TO BE REJECTED.
2359BUT WHAT IS ALSO NOT ACCEPTABLE 
2360IS THE FCC'S REFUSAL TO 
2361COOPERATE WITH THE STATE 
2362ATTORNEY GENERAL INVESTIGATION 
2363OR ALLOW EVIDENCE IN THE RECORD 
2364THAT WOULD UNDERCUT WHAT CAN 
2365ONLY BE DESCRIBED AS A 
2366PREORDAINED OUTCOME.
2367MANY HAVE BEEN ASKING ME, WHAT 
2368HAPPENS NEXT?
2369HOW WILL ALL OF THIS NET 
2370NEUTRALITY COME UP MY INTERNET 
2371EXPERIENCE LOOK AFTER TODAY'S 
2372DECISION?
2373MY ANSWER IS A SIMPLE ONE.
2374WHEN THE CURRENT PROTECTIONS ARE 
2375ABANDONED AND THE RULES THAT 
2376HAVE BEEN OFFICIALLY IN PLACE 
2377SINCE 2015 ARE REPEALED, WE WILL 
2378HAVE A CHESHIRE CAT VERSION OF 
2379NET NEUTRALITY.
2380WE WILL BE IN A WORLD WHERE 
2381REGULATORY SUBSTANCE FADES TO 
2382BLACK AND ALL THAT IS LEFT IS A 
2383BROADBAND PROVIDERS TOOTHY GRIN, 
2384THEY HAVE TEETH, HOWEVER, YOU 
2385SAY THAT.
2386AND THOSE OLD COMFORTING WORDS, 
2387WE HAVE EVERY INCENTIVE, DON'T 
2388WORRY.
2389WE HAVE EVERY INCENTIVE TO DO 
2390THE RIGHT THING.
2391BUT WHAT THEY WILL SOON HAVE IS 
2392EVERY INCENTIVE TO DO THEIR OWN 
2393THING.
2394THE RESULTS OF THROWING OUT NET 
2395NEUTRALITY PROTECTIONS MAY NOT 
2396BE FELT, RIGHT AWAY.
2397MOST FOLKS WILL GET UP TOMORROW 
2398MORNING, GET READY FOR WORK AND 
2399OVER THE NEXT WEEK, WADE THROUGH 
2400WHAT WOULD BE HUNDREDS OF 
2401HEADLINES.
2402WE WILL GROW TIRED OF THOSE 
2403HUNDREDS OF HEADLINES AND GROW 
2404TIRED OF HEARING FROM ENDLESS 
2405PROGNOSTICATORS AND QUICKLY 
2406EMERGE OURSELVES INTO A SEA OF 
2407HOLIDAY BLISS.
2408BUT WHAT WE HAVE BROUGHT TODAY 
2409WILL ONE DAY BE A PARENT AND BY 
2410THEN, WHEN YOU REALLY WAKE UP 
2411AND SEE WHAT HAS CHANGED, I FEAR 
2412IT MAY BE TOO LATE TO DO 
2413ANYTHING ABOUT IT BECAUSE THERE 
2414WILL BE NO AGENCY EMPOWERED TO 
2415ADDRESS YOUR CONCERNS.
2416THIS ITEM ENSURES THAT THE FCC 
2417WILL NEVER BE ABLE TO FULLY 
2418GRASP THE HARM IT MAY HAVE 
2419UNLEASHED ON THE INTERNET 
2420ECOSYSTEM.
2421AND THAT INABILITY MIGHT LEAD 
2422DECISION-MAKERS TO CONCLUDE THAT 
2423THE NEXT INTERNET STARTUP THAT 
2424FAILS TO FLOURISH, THAT 
2425ATTEMPTED TO SEEK RELIEF BY 
2426WHATEVER AUTHORITY MAY OR MAY 
2427NOT BE IN CHARGE, WITH HOW MANY 
2428TEETH THEY MIGHT HAVE LEFT, 
2429SIMPLY THAT MAYBE THEY HAD A BAD 
2430BUSINESS PLAN WHEN IN FACT,, THE 
2431ACTUAL CORPORATE WOULD BE 
2432ABSENCE OF A LEVEL PLAYING FIELD 
2433ONLINE.
2434PARTICULARLY DAMNING AS WHAT 
2435TODAY'S REPEAL WOULD MEAN FOR 
2436MARGINALIZED GROUPS LIKE 
2437COMMUNITIES OF COLOR THAT RELY 
2438ON PLATFORMS LIKE THE INTERNET 
2439TO COMMUNICATE.
2440TRADITIONAL OUTLETS RARELY IF 
2441EVER CONSIDER THE ISSUES OR 
2442CONCERNS OR THEIR COVERAGE.
2443IT WAS THROUGH SOCIAL MEDIA, 
2444REMEMBER, THAT THE WORLD FIRST 
2445HEARD ABOUT FERGUSON MISSOURI 
2446BECAUSE THOSE LEGACY OUTLETS DID 
2447NOT CONSIDER THEM WORTHY ENOUGH 
2448FOR COVERAGE UNTIL THAT HASHTAG 
2449STARTED TRENDING.
2450IT HAS BEEN THROUGH ONLINE VIDEO 
2451SERVICES THAT TARGETED 
2452ENTERTAINMENT ECOSYSTEMS THRIVE 
2453WHERE STORIES ARE FINALLY BEING 
2454TOLD BECAUSE THOSE VERY SAME 
2455PROGRAMS THAT WERE SUBMITTED FOR 
2456CONSIDERATION WERE REJECTED TIME 
2457AND TIME AGAIN BY MAINSTREAM 
2458MEDIA AND DISTRIBUTION -- 
2459MAINSTREAM DISTRIBUTION AND 
2460MEDIA OUTLETS.
2461AND IT HAS BEEN THROUGH SECURE 
2462MESSAGING PLATFORMS WHERE 
2463ACTIVISTS HAVE COMMUNICATED AND 
2464ORGANIZED FOR JUSTICE WITH 
2465GATEKEEPERS WHO MAY OR MAY NOT 
2466HAVE DIFFERING OPINIONS.
2467WHERE WILL THE NEXT SIGNIFICANT 
2468ATTACK ON INTERNET FREEDOM COME 
2469FROM?
2470MAYBE A BROADBAND PROVIDER 
2471ALLOWING HIS NETWORK TO CONTRAST 
2472MAKING A HIGH TRAFFIC VIDEO 
2473PROVIDER ASK WHAT MORE CAN IT 
2474PAY TO MAKE THAT PAIN GO AWAY?
2475THAT WILL NEVER HAPPEN YOU SAY.
2476NEWS FLASH, IT ALREADY HAS.
2477THE DIFFERENCE NOW IS THE OPEN 
2478QUESTION OF WHAT IS STOPPING 
2479THEM.
2480THE DIFFERENCE AFTER TODAY'S 
2481VOTE IS THAT NO ONE WILL BE ABLE 
2482TO STOP THEM.
2483MAYBE SEVERAL PROVIDERS WILL 
2484VIOLENTLY ROLL OUT PAY 
2485PRIORITIZATION PACKAGES THAT 
2486WILL ENABLE DEEP-POCKETED 
2487PLAYERS TO CUT THE CUBE.
2488MAYBE A VERTICALLY INTEGRATED 
2489BROADBAND PROVIDER DECIDES THAT 
2490IT WILL FAVOR ITS OWN ACT ON 
2491SERVICES OR SOME HIGH VALUE 
2492INTERNET OF THINGS TRAFFIC WILL 
2493BE SUBJECT TO AN ADDITIONAL FEE.
2494MAYBE SOME OF THESE ACTIONS WILL 
2495BE CLOAKED UNDER NONDISCLOSURE 
2496AGREEMENTS AND WRAPPED UP IN 
2497MANDATORY ARBITRATION CLAUSES SO 
2498IT WILL BE A BREACH OF CONTRACT 
2499TO DISCLOSE THESE PUBLICLY OR 
2500TAKE THE PROVIDER TO COURT IF 
2501THERE IS ANY WRONGDOING.
2502SOME MAY SAY OF COURSE THIS WILL 
2503NEVER HAPPEN BUT AFTER TODAY'S 
2504VOTE, WHAT WILL BE IN PLACE TO 
2505STOP ANY OF THIS?
2506WHAT WE DO KNOW IS THAT 
2507BROADBAND PROVIDERS DID NOT EVEN 
2508WAIT FOR THE INK TO DRY ON A 
2509PROPOSED ORDER BEFORE MAKING 
2510THEIR MOVES.
2511ONE BROADBAND PROVIDER WHO HAD 
2512IN THE PAST PROMISED TO NOT 
2513ENGAGE IN PAY PRIORITIZATION IS 
2514NOW QUIETLY DROPPING THAT 
2515PROMISE FROM THIS LIST OF 
2516COMMITMENTS ON ITS WEBSITE.
2517WHAT IS NEXT?
2518BLOCKING OR THROTTLING?
2519THAT WILL NEVER HAPPEN YOU SAY.
2520AFTER TODAY'S VOTE EXACTLY WHO 
2521IS THE COP ON THE BEAT THAT CAN 
2522OR WILL STOP THAT?
2523AND JUST WHO WILL BE IMPACTED 
2524THE MOST?
2525CONSUMERS AND SMALL BUSINESSES, 
2526THAT'S WHO.
2527THE INTERNET CONTINUES TO EVOLVE 
2528AND HAS BECOME EVEN MORE 
2529CRITICAL FOR EVERY PARTICIPANT 
2530IN OUR 21ST CENTURY ECOSYSTEM, 
2531GOVERNMENT SERVICES HAVE 
2532MIGRATED ONLINE AS HAVE 
2533EDUCATIONAL OPPORTUNITIES, JOB 
2534NOTICES AND APPLICATIONS BUT AT 
2535THE SAME TIME BROADBAND 
2536PROVIDERS HAVE CONTINUED TO 
2537CONSOLIDATE, THEY HAVE BECOME 
2538BIGGER.
2539THEY OWN THEIR OWN CONTENT, THEY 
2540OWN THEIR OWN MEDIA COMPANIES.
2541AND THEY OWN AND HAVE INTEREST 
2542IN OTHER TYPES OF COMPETING 
2543SERVICES SO WHY ARE MILLIONS OF 
2544AMERICANS, SO ALARMED?
2545BECAUSE THEY UNDERSTAND THE RISK 
2546THIS ALL POSES AND EVEN THOSE 
2547WHO MIGHT NOT EXACTLY KNOW WHAT 
2548IT MEANS WHEN SOMEBODY SAYS 
2549TITLE TWO AUTHORITY, WHAT THEY 
2550KNOW IS THAT THEY WILL BE AT 
2551RISK WITHOUT IT.
2552I'VE BEEN ASKING MYSELF 
2553REPEATEDLY WHY THE MAJORITY IS 
2554SO SINGLE FOCUSED ON OVERTURNING 
2555THESE WILDLY POPULAR RULES.
2556IS IT SIMPLY THEY FELT THAT THE 
25572015 NET NEUTRALITY ORDER WOULD 
2558THROW OUT OVER 700 RULES WOULD 
2559DISPENSE WITH MORE THAN 25 
2560PROVISIONS WAS TOO HEAVY-HANDED?
2561IS THIS A PLOY TO CREATE A NEED 
2562FOR LEGISLATION WHERE THERE WAS 
2563NONE BEFORE OR IS IT TO 
2564ESTABLISH UNCERTAINTY WHERE 
2565LITTLE PREVIOUSLY EXISTED?
2566IS IT A TACTIC TO UNDERMINE THE 
2567NET NEUTRALITY PROTECTIONS 
2568ADOPTED IN 2015 THAT ARE 
2569CURRENTLY PART OF THE SUPREME 
2570COURT?
2571YOU KNOW, THE VERY SAME RULES 
2572THAT WERE RESOUNDINGLY UPHELD BY 
2573THE DC CIRCUIT LAST YEAR.
2574NO DOUBT WE WILL SEE A RUSH TO 
2575THE COURTHOUSE ASKING THE 
2576SUPREME COURT TO VACATE AND 
2577REMAND THE SUBSTANTIVE RULES 
2578THAT WE HAVE FOUGHT SO HARD FOR 
2579OVER THE PAST FEW YEARS BECAUSE 
2580TODAY THE FCC USES LEGALLY 
2581SUSPECT MEANS TO CLEAR THE DECK 
2582OF SUBSTANTIAL PROTECTIONS FOR 
2583CONSUMERS AND COMPETITION.
2584IT IS ABUNDANTLY CLEAR WHY WE 
2585SEE SO MUCH BAD PROCESS WITH 
2586THIS ITEM BECAUSE THE FIX WAS 
2587ALREADY IN.
2588THERE IS NO REAL MENTION OF THE 
2589THOUSAND OF NET NEUTRALITY 
2590COMPLAINTS FILED BY CONSUMERS.
2591WHY?
2592THE MAJORITY HAS REFUSED TO PUT 
2593THEM IN THE RECORD WHILE 
2594MAINTAINING THE RHETORIC THAT 
2595THERE HAVE BEEN NO REAL 
2596COMPLAINTS OR NO REAL 
2597VIOLATIONS.
2598RECORD EVIDENCE OF MASSIVE 
2599INCENTIVES AND ABILITIES OF 
2600BROADBAND PROVIDERS TO ACT IN 
2601ANTICOMPETITIVE WAYS ARE MISSING 
2602FROM THE DOCKET.
2603WHY?
2604BECAUSE THOSE IN CHARGE HAVE 
2605REFUSED TO USE THE DATA AND 
2606ACKNOWLEDGE THAT THE AGENCY DOES 
2607HAVE AND HAVE RELIED ON IN THE 
2608PAST TO INFORM OUR MERGER 
2609REVIEWS.
2610THE MAJORITY HAS SHOWN TIME AND 
2611TIME AGAIN THE ABUSE OF 
2612INDIVIDUALS DO NOT MATTER.
2613INCLUDING ABUSE OF THOSE WHO 
2614CARE DEEPLY ABOUT THE SUBSTANCE.
2615BUT MAY NOT BE WASHINGTON 
2616INSIDERS.
2617THERE IS A BASIC FALLACY 
2618UNDERLYING THE MAJORITY'S ACTION 
2619AND RHETORIC TODAY, THE 
2620ASSUMPTIONS OF WHAT IS BEST FOR 
2621BROADBAND PROVIDERS IS OBVIOUSLY 
2622WHAT IS BEST FOR AMERICA.
2623CLAIMS ABOUT ON SHACKLING 
2624BROADBAND SERVICES FROM 
2625UNNECESSARY REGULATION ARE ONLY 
2626ABOUT ENSURING THAT BROADBAND 
2627INTERNET SERVICE PROVIDERS HAVE 
2628AND MAINTAIN THE KEYS TO THE 
2629INTERNET.
2630ASSERTIONS THAT THIS IS MERELY A 
2631RETURN TO SOME IMAGINARY STATUS 
2632QUO CANNOT HIDE THE FACT THAT 
2633THIS IS THE VERY FIRST TIME THAT 
2634THE FEDERAL COMMUNICATIONS 
2635COMMISSION HAS DISAVOWED 
2636SUBSTANTIAL PROTECTIONS FOR 
2637CONSUMERS ONLINE.
2638AND WITH THE CURRENT 2015 NET 
2639NEUTRALITY RULES ARE LAID TO 
2640WASTE, WE MAY BE LEFT WITH NO 
2641SINGLE AUTHORITY WITH THE POWER 
2642TO PROTECT CONSUMERS.
2643NOW THIS ORDER LOUDLY CROWS 
2644ABOUT HANDING OVER AUTHORITY OF 
2645BROADBAND TO THE FEDERAL TRADE 
2646COMMISSION BUT WHAT IS ABSENT 
2647FROM THE ORDER AND GLOSSED OVER 
2648IN A HAPHAZARDLY ISSUED OF A 
2649MEMORANDUM OF UNDERSTANDING OR 
2650MOU IS THAT THE FCC IS AN AGENCY 
2651WITH NO, NO, NONE, NADA, 
2652TECHNICAL EXPERTISE AND 
2653TELECOMMUNICATION.
2654THE FCC IS AN AGENCY THAT MAY OR 
2655MAY NOT EVEN HAVE AUTHORITY OVER 
2656BROADBAND PROVIDERS IN THE FIRST 
2657INSTANCE.
2658THE FTC IS AN AGENCY THAT IF YOU 
2659CAN EVEN REACH A VERY HIGH BAR 
2660OF PROVING UNFAIR OR DECEPTIVE 
2661PRACTICES AND THAT THERE IS 
2662SUBSTANTIAL CONSUMER INJURY, IT 
2663MAY TAKE YEARS UPON YEARS FOR 
2664ANY REMEDY TO BE LEVIED AND MOST 
2665COMPANIES DON'T HAVE YEARS AND 
2666YEARS TO WAIT FOR AN ANSWER.
2667BUT DON'T JUST TAKE MY WORD FOR 
2668IT.
2669EVEN ONE OF THE FCC'S OWN 
2670COMMISSIONERS HAS ARTICULATED 
2671THESE VERY CONCERNS AND IF YOU 
2672ARE WONDERING WHY THE FCC IS 
2673PREEMPTING STATE CONSUMER 
2674PROTECTION LAWS IN THIS ITEM 
2675WITHOUT NOTICE, LET ME HELP YOU 
2676WITH THESE SIMPLE JINGLE THAT 
2677YOU CAN EASILY COMMIT TO MEMORY 
2678THAT WILL UNDERSCORE ALL OF 
2679THIS.
2680IF IT BENEFITS INDUSTRY, 
2681PREEMPTION IS GOOD.
2682IF IT BENEFITS CONSUMERS, 
2683PREEMPTION IS BAD.
2684RECLASSIFICATION OF BROADBAND 
2685WOULD DO MORE THAN WREAK HAVOC 
2686OVER NET NEUTRALITY, IT WILL 
2687ALSO UNDERMINE OUR UNIVERSAL 
2688SERVICE CONSTRUCT FOR YEARS TO 
2689COME.
2690SOMETHING, WHICH THE ORDER 
2691IMPLICITLY ACKNOWLEDGES.
2692IT WILL UNDERMINE THE LIFELINE 
2693PROGRAM.
2694IT WILL WEAKEN OUR ABILITY TO 
2695SUPPORT ROBUST BROADBAND 
2696INFRASTRUCTURE DEPLOYMENT AND 
2697WHAT WE WILL SOON FIND OUT IS 
2698WHAT A BROADBAND MARKET 
2699UNENCUMBERED BY ROBUST COMMUNITY 
2700-- CONSUMER PROTECTIONS WILL 
2701LOOK LIKE.
2702I SUSPECT THAT IT WILL NOT BE 
2703VERY PRETTY.
2704I KNOW THAT THERE ARE MANY 
2705QUESTIONS ON THE MINDS OF 
2706AMERICANS RIGHT NOW INCLUDING 
2707WHAT THE REPEAL OF NET 
2708NEUTRALITY WILL MEAN FOR THEM.
2709TO HELP UNDERSTAND OR TO ANSWER 
2710OR TO ADDRESS OUTSTANDING 
2711QUESTIONS, I PLAN TO HOST A TOWN 
2712HALL THROUGH TWITTER NEXT WEEK, 
2713ON TUESDAY AT 2:00 P.M. EASTERN 
2714STANDARD TIME BUT WHAT SADDENS 
2715ME THE MOST TODAY IS THAT THE 
2716AGENCY THAT IS SUPPOSED TO 
2717PROTECT YOU IS ACTUALLY 
2718ABANDONING YOU.
2719BUT WHAT I AM PLEASED TO BE ABLE 
2720TO SAY TODAY IS THAT THE FIGHT 
2721TO SAVE NET NEUTRALITY DOES NOT 
2722END TODAY.
2723THE AGENCY DOES NOT HAVE THE 
2724FINAL WORD.
2725THANK GOODNESS FOR THAT.
2726AND AS I CLOSE MY EULOGY OF THE 
27272015 NET NEUTRALITY RULES, 
2728CAREFULLY CRAFTED RULES THAT 
2729ACTUALLY STRUCK AN APPROPRIATE 
2730BALANCE IN PROVIDING CONSUMER 
2731PROTECTIONS AND ENABLING 
2732OPPORTUNITIES AND INVESTMENT, I 
2733ACTUALLY TAKE WHAT I WILL CALL 
2734IRONIC COMFORT IN THE WORDS OF 
2735THEN COMMISSIONER PAI BACK IN 
27362015 BECAUSE I BELIEVE THIS WILL 
2737RING TRUE ABOUT THIS DESTROYING 
2738INTERNET FREEDOM ORDER.
2739I AM OPTIMISTIC HE SAID THAT WE 
2740WILL LOOK BACK ON TODAY'S VOTE 
2741AS AN ABERRATION, A TEMPORARY 
2742DEVIATION FROM THE BIPARTISAN 
2743PATH THAT HAS SERVED US SO WELL.
2744I DON'T KNOW WHETHER THIS PLAN 
2745WILL BE VACATED BY A COURT, 
2746REVERSED BY CONGRESS OR 
2747OVERTURNED BY A FUTURE 
2748COMMISSION BUT I DO BELIEVE THAT 
2749IT DAYS ARE NUMBERED.
2750AMEN TO THAT MR. CHAIRMAN.
2751AMEN TO THAT.
2752THANK YOU.
2753>>CHAIRMAN PAI:  THANK YOU, 
2754COMMISSIONER CLYBURN.
2755I WILL MARK YOU DOWN AS A NO.
2756[LAUGHING]
2757COMMISSIONER O'RIELLY.
2758>>COMMISSIONER O'RIELLY:  TO THE 
2759MAIN EVENT.
2760I WILL HAVE A LONGER STATEMENT 
2761IF THAT'S BELIEVABLE SINCE IT'S 
2762LONG IN AND OF ITSELF.
2763THE ORDER BEFORE US REPRESENTS 
2764THE CULMINATION OF EXTENSIVE 
2765WORK BY AGENCY STAFF TO 
2766CAREFULLY CONSIDER WHETHER NET 
2767NEUTRALITY RULES ARE TRULY 
2768WARRANTED, THOROUGHLY REVIEWING 
2769THE LEGAL UNDERPINNING, ECONOMIC 
2770ANALYSIS AND PRACTICAL EFFECTS 
2771AS DEBATED EXTENSIVELY AND 
2772EXHAUSTIVELY IN THE RECORD OF 
2773THIS PROCEEDING.
2774I AGREE WITH THE DECISION AND 
2775SUPPORT SUCH A WELL REASONED AND 
2776SOUNDLY JUSTIFIED ORDER.
2777WHILE I HAVE LONG-STANDING VIEWS 
2778ON THIS TOPIC I APPROACH THE 
2779PROCEEDING WITH AN OPEN MIND.
2780I'VE READ THESE SUBSTANTIVE 
2781COMMENTS WITH INTEREST AND WITH 
2782ANYONE, I COULD, NO MATTER HOW 
2783OR WHAT THEIR PARTICULAR 
2784VIEWPOINTS.
2785IN THE END I'M SIMPLY NOT 
2786PERSUADED THAT HEAVY-HANDED 
2787RULES ARE NEEDED TO PROTECT 
2788AGAINST HYPOTHETICAL HARM.
2789IN ALL THIS TIME I HAVE YET TO 
2790HEAR RECENT UNQUESTIONED 
2791EVIDENCE OF DEMONSTRABLE HARM TO 
2792CONSUMERS THAT DEMAND PROVIDERS 
2793BE CONSTRAINED BY THE COMPLETELY 
2794FLAWED REGULATORY INVENTION.
2795I STILL CANNOT ENDORSE GUILT BY 
2796IMAGINATION.
2797IT IS A SHAME THIS TOPIC HAS 
2798BEEN PLAGUED BY FEAR MONGERING.
2799SMALL BUSINESSES HAVE BEEN 
2800MISLED INTO THINKING THEY WILL 
2801BE FORCED TO PAY MORE TO 
2802CONTINUE TO DO BUSINESS ONLINE.
2803OTHERS HAVE BEEN TOLD FREE 
2804SPEECH AND CIVIL, RIGHT IS ON 
2805THE LINE.
2806IT SIMPLY IS NOT TRUE AND WE 
2807KNOW THAT FROM EXPERIENCE.
2808THE INTERNET HAS FUNCTION 
2809WITHOUT NET NEUTRALITY RULES FAR 
2810LONGER THAN WITH THEM.
2811NOBODY CAN NAME MORE THAN A 
2812HANDFUL OF EXAMPLES THAT 
2813OCCURRED OVER THE COURSE OF AN 
2814ENTIRE DECADE PRIOR AND THAT 
2815WILL READILY DEALT WITH WHETHER 
2816ACTUAL VIOLATIONS ARE NOT.
2817THE LEGEND OF A CABLE COMPANY 
2818TRYING TO BREAK THE INTERNET 
2819MAKES SCARY BEDTIME STORIES FOR 
2820CHILDREN OF CELLCOM GEEKS BUT IT 
2821IS NOT REALITY.
2822SO FOR THOSE OF YOU OUT THERE 
2823THAT ARE FEARFUL WHAT TOMORROW 
2824MAY BRING, PLEASE TAKE A DEEP 
2825BREATH.
2826THIS DECISION WILL NOT BREAK THE 
2827INTERNET.
2828WHAT WE ARE DOING IS REVERTING 
2829BACK TO THE HIGHLY SUCCESSFUL 
2830BIPARTISAN GOVERNMENTAL APPROACH 
2831THAT EXISTED BEFORE 2015.
2832THE ORDER MAKES CLEAR WE DEPART 
2833FROM THE PRIOR COMMISSIONS 
2834APPROACH BECAUSE WE DETERMINED 
2835THE DECISION WAS FLAWED.
2836WE BELIEVE THE STATUTORY 
2837INTERPRETATION AND COURSE OF 
2838ACTION IS A BETTER ONE AND OUR 
2839DECISION IS GROUNDED IN AND 
2840SUPPORTED BY THE RECORD.
2841THE TEXT HAS BEEN PUBLICLY 
2842AVAILABLE FOR OVER THREE WEEKS 
2843AND THE STAFF HAS SUMMARIZED FOR 
2844US TODAY SO THERE IS NO NEED FOR 
2845ME TO STEP THROUGH THE POLICIES 
2846AND REASONING AGAIN IN DETAIL.
2847INSTEAD I WILL HIGHLIGHT A FEW 
2848KEY PARTS AND ADDRESS SOME OF 
2849THE FALSE ARGUMENTS AND 
2850MISCONCEPTIONS REGARDING THE 
2851SUBSTANCE AND PROCESS.
2852REPEALING NET NEUTRALITY RULES 
2853GRABBED HEADLINES, REVERSING THE 
2854CLASSIFICATION OF BROADBAND 
2855INTERNET ACCESS SERVICES 
2856ENTITLED TO TELECOMMUNICATION 
2857SERVICES IS FAR MORE 
2858CONSEQUENTIAL.
2859NET NEUTRALITY STARTED AS A 
2860CONSUMER ISSUE, BUT SOON BECAME 
2861A STEPPING STONE TO IMPOSED 
2862VASTLY MORE ONEROUS COMMON 
2863CARRIER REGULATION ON BROADBAND 
2864COMPANIES.
2865EVEN THE PREVIOUS CHAIRMAN 
2866INITIALLY ATTEMPTED TO REINSTATE 
2867THE NET NEUTRALITY RULES ON 
2868WORTLEY LOOK -- LIMITED LEGAL 
2869AUTHORITIES AND COMPANIES WOULD 
2870HAVE ACCEPT THE COMPROMISE AND 
2871LIVED WITH NET NEUTRALITY RULES 
2872AS LONG AS THE COMMISSION DID 
2873NOT IMPOSE TITLE II.
2874THANKS TO ONE INFAMOUS YOUTUBE 
2875VIDEO POSTED BY THE PRIOR 
2876ADMINISTRATION THE SO-CALLED 
2877INDEPENDENT AGENCY COULD BE 
2878RAILROADED INTO TREATING ISPS 
2879LIKE PUBLIC UTILITIES INSTEAD.
2880AS DISCUSSED AT LENGTH IN THE 
2881ORDER AND THE DISSENT OF 
2882CHAIRMAN PAI AND MYSELF WROTE IN 
2883RESPONSE TO THE 2015 ORDER THERE 
2884WERE FUNDAMENTAL LEGAL PROBLEMS 
2885AND FACTUAL ERRORS UNDERLYING 
2886THAT DECISION TO TREAT FIXED AND 
2887MOBILE BROADBAND SERVICES AND 
2888TELECOMMUNICATIONS SERVICES.
2889ADDITIONALLY THAT DECISION 
2890OPENED THE DOOR FOR MUCH BROADER 
2891REGULATION OF BROADBAND 
2892PROVIDERS AND AS WE SAW THE 
2893COMMISSION QUICKLY WALKED 
2894THROUGH THAT DOOR.
2895UNDER THE STRUCTURE COMPANIES 
2896CONTINUE TO FACE UNCERTAINTY 
2897THAT BUSINESS DECISIONS, 
2898COMMERCIAL NEGOTIATIONS, SERVICE 
2899OFFERINGS AND PRICE DECISIONS 
2900WOULD BE SCRUTINIZED BY THE 
2901DECISION.
2902I BELIEVE THIS IS A LEGITIMATE 
2903CONCERN WELL-FOUNDED AND HAD 
2904THERE NOT BEEN A CHANGE IN 
2905ADMINISTRATION THE AGENCY WOULD 
2906HAVE PROCEEDED FURTHER DOWN THE 
2907PATH AT DEMONSTRATING A ZERO 
2908WAITING WITCHHUNT.
2909THE DECISION TO REINSTATE THE 
2910CLASSIFICATION OF FIXED AND 
2911MOBILE BROADBAND INTERNET ACCESS 
2912SERVICE AS INFORMATION SERVICE 
2913UNDER SECTION THREE AND RESTATE 
2914THE CLASSIFICATION OF MOBILE 
2915BROADBAND TO PROVIDE THE MOBILE 
2916SERVICE UNDER SECTION 332 
2917ELIMINATES THESE CONCERNS AND 
2918RESTORES A BIPARTISAN APPROACH 
2919TO BROADBAND SERVICES.
2920UNDER THIS FRAMEWORK THE FCC 
2921ASSERTS JURISDICTION OVER 
2922BROADBAND INTERNET ACCESS 
2923SERVICE AND INTERSTATE 
2924INFORMATION SERVICE BUT APPLIES 
2925REGULATION ONLY TO THE EXTENT 
2926WARRANTED TO ADDRESS SPECIFIC 
2927CONCRETE CONCERNS.
2928WITH THE ELIMINATION OF TITLE II 
2929THERE IS NO REMAINING LEGAL 
2930BASIS FOR THE NET NEUTRALITY 
2931BRIGHT LINE RULES AND CONDUCT 
2932STANDARD SO WE MUST REPEAL THEM.
2933IN MANY PROCEEDINGS BEFORE THE 
2934AGENCY TO QUESTION THE NEED FOR 
2935RULES THAT IMPOSE COSTS BUT 
2936DON'T SOLVE REAL PROBLEMS SO THE 
2937REMOVAL IS APPROPRIATE AND 
2938NECESSARY.
2939IT IS NOT NECESSARILY THE END OF 
2940THE STORY HOWEVER.
2941CONGRESS MAY ENACT LEGISLATION 
2942PROVIDING NEW RULES AND THE 
2943LEGAL AUTHORITY TO SUPPORT THAT 
2944I FIRMLY BELIEVE THAT WILL BE A 
2945BETTER COURSE AND THE ONLY WAY 
2946TO GIVE FINALITY TO THIS ISSUE.
2947I HUMBLY SUGGEST HOWEVER THAT 
2948THE GENERAL CONDUCT STANDARD 
2949REMAINS IN THE ACTION.
2950THIS POLICY GAVE THE COMMISSION 
2951ENFORCEMENT BUREAU UNFOUNDED 
2952POWER TO MAKE UP THE RULES AS IT 
2953WENT ALONG, A FRIGHTENING 
2954PROSPECT.
2955BUSINESSES COULD FIND THEMSELVES 
2956SUBJECT TO INVESTIGATION WITHOUT 
2957ANY PRIOR NOTICE THAT THEIR 
2958CONDUCT TO BE CONSIDERED A 
2959VIOLATION.
2960ONE PUBLIC INTEREST GROUP EVEN 
2961CALLED THE CATCHALL OF RECIPE 
2962FOR OVERREACH AND CONFUSION.
2963IT WAS THE HEIGHT OF REGULATORY 
2964CAPRICIOUSNESS AND SHOULD NEVER 
2965BE RESURRECTED.
2966SIMILARLY I AM HOPEFUL THAT IF 
2967THE CONGRESS DOES GO DOWN THIS 
2968PATH IT WILL SEE MERIT IN 
2969REJECTING THE BAND ON PAY 
2970PRIORITIZATION.
2971CLEARLY OUR CASE TODAY AND MANY 
2972MORE THAT WILL DEVELOP IN TIME 
2973IN WHICH THE OPTION OF A PAID 
2974PRIORITIZATION OFFERING WOULD BE 
2975A NECESSITY BASED ON EITHER 
2976TECHNOLOGY OR NEEDS OF CONSUMER 
2977WELFARE.
2978I FOR ONE SEE GREAT VALUE IN THE 
2979PRIORITIZATION OF TELEMEDICINE 
2980AND AUTONOMOUS CARD TECHNOLOGY 
2981OVER CAT VIDEOS.
2982SPEAKING OF AUTONOMOUS CARS, WE 
2983MUST ENSURE THAT WIRELESS 
2984PROVIDERS CAN MANAGE THEIR 
2985SYSTEMS.
2986WIRELESS NETWORKS HAVE CAPACITY 
2987CONSTRAINTS BASED ON THE PHYSICS 
2988OF THE SPECTRUM THEY USE.
2989GENERALLY WIRELESS USE IS 
2990BOOMING AND MORE AND MORE 
2991AMERICANS ARE USING WIRELESS 
2992NETWORKS TO ASSESS THE INTERNET 
2993BUT THIS IS JUST THE BEGINNING.
2994CONSIDER THAT EACH CAR, VEHICLE 
2995IS PREDICTED TO GENERATE AN 
2996ADDITIONAL FOUR TERABYTES OF 
2997DATA PER DAY MUCH OF WHICH WILL 
2998BE CARRIED BY WIRELESS NETWORKS.
2999IT'S HARD TO IMAGINE THAT SOME 
3000PRIORITIZATION OF TRAFFIC WILL 
3001NOT BE NECESSARY TO FURTHER 
3002UNDERMINING ATTEMPTS TO BAND AT 
3003SUCH PRACTICES.
3004ALTHOUGH THE ORDER IN ELIMINATES 
3005THE BRIGHT LINE RULES AND 
3006GENERAL CONDUCT STANDARDS IT 
3007LEAVES A VERSION OF THE 
3008TRANSPARENCY REQUIREMENTS IN 
3009PLACE AND THE REQUIREMENTS ARE 
3010MORE EXTENSIVE THAN THOSE FIRST 
3011ADOPTED IN 2010.
3012I REMAIN SKEPTICAL OF THE LEGAL 
3013AUTHORITIES OR THE VALUE GIVEN 
3014THE FCC'S AUTHORITY AND WITHOUT 
3015A MECHANISM.
3016IF A BUSINESS FAILS TO DISCLOSE 
3017RELEVANT INFORMATION OR DIVERSE 
3018THAN WHAT IS DESCRIBED IT WILL 
3019BE SUBJECT TO THE INVESTIGATION 
3020AND ENFORCEMENT OUTLINED IN THE 
3021RECENT FCC FTC MEMORANDUM OF 
3022UNDERSTANDING, BUT I SINCERELY 
3023DOUBT THAT LEGITIMATE BUSINESSES 
3024ARE WILLING TO SUBJECT 
3025THEMSELVES TO A PR NIGHTMARE FOR 
3026BLOCKING, THROTTLING OR IMPROPER 
3027DISCRIMINATION.
3028IT'S NOT WORTH THE REPUTATIONAL 
3029COST AND POTENTIAL LOSS OF 
3030BUSINESS.
3031WE HAVE TO ACCEPT THE DECISION 
3032TO RELY ON THE AUTHORITY FOR THE 
3033TRANSPARENCY REQUIREMENT, I DO 
3034NOT BELIEVE THAT THE PROVISIONS 
3035OF TITLE THREE CITED IN THE 
3036CIRCULATED VISION OF THE ORDER 
3037SHOULD BE INVOKED.
3038I AM RELIEVED THEY HAVE BEEN 
3039REMOVED FROM THE ITEM AT MY 
3040REQUEST.
3041LASTLY, BUT CERTAINLY NOT LEAST 
3042THE ORDER CONTAINS A CLEAR 
3043DECLARATION THAT BROADBAND IS AN 
3044INTERESTING INFORMATION SERVICE 
3045AND A ROBUST PREEMPTION ANALYSIS 
3046INCLUDED.
3047THE ORDER MAKES PLAIN THAT 
3048BROADBAND WILL BE SUBJECT TO 
3049UNIFORMED NATIONAL FRAMEWORK 
3050THAT PROMOTES INVESTMENT IN 
3051INNOVATION.
3052IT'S EMINENTLY REASONABLE 
3053COMPLETELY CONSISTENT WITH THE 
3054CONSTITUTION'S COMMERCE CLAUSE.
3055BROADBAND SERVICE IS NOT 
3056CONFINED TO STATE BOUNDARIES AND 
3057SHOULD NOT BE CONSTRAINED BY A 
3058PATCHWORK OF STATE AND LOCAL 
3059REGULATIONS.
3060THIS IS PARTICULARLY GERMANE TO 
3061WIRELESS SERVICES WHERE MOBILE 
3062DEVICES AND A TRANSMISSION CARRY 
3063CAN GO ACROSS STATE LINES.
3064IT WILL HAVE DRAMATIC AND 
3065DRASTIC RESULTS WHERE POSSIBLE 
3066FOR SUCH COMMUNICATIONS 
3067PRIORITIZE IN ONE STATE AND NOT 
3068ANOTHER.
3069THE HODGEPODGE OF STATE ROLES 
3070COULD SEVERELY CURTAIL NOT ONLY 
3071THE NEXT GENERATION OF WIRELESS 
3072SYSTEMS THAT WE HAVE BEEN 
3073WORKING SO HARD TO PROMOTE, BUT 
3074ALSO THE TECHNOLOGIES THAT RELY 
3075ON THE NETWORKS IN THE FUTURE.
3076ACCORDINGLY ANY LAWS OR 
3077REGULATIONS THAT CONFLICT WITH 
3078OR UNDERMINED THE FEDERAL 
3079BROADBAND POLICIES ARE 
3080PREEMPTED.
3081GIVEN MY DRUTHERS I WOULD 
3082ACTUALLY HAVE GONE FURTHER ON 
3083PREEMPTION BUT I CAN ONLY CARRY 
3084THE DEBATE SO FAR TODAY.
3085IT'S NOT A NEW OR NOVEL 
3086POSITION.
30872015 ORDER ALSO ANNOUNCED A FIRM 
3088INTENTION TO EXERCISE A 
3089PREEMPTION AUTHORITY TO PRECLUDE 
3090STATES FROM IMPOSING OBLIGATIONS 
3091ON BROADBAND SERVICE 
3092INCONSISTENT WITH THE CAREFULLY 
3093REGULATORY SCHEME.
3094THE RULES WE ADOPT TODAY ARE 
3095OBVIOUSLY DIFFERENT THAN THE 
30962015 ORDER THE CONCEPT WE WILL 
3097PREEMPT INCONSISTENCY AND LOCAL 
3098REQUIREMENTS IS WELL 
3099ESTABLISHED.
3100ALTHOUGH THE ORDER DOES 
3101ACKNOWLEDGE EXTREMELY LIMITED 
3102STATE RULE IN ENFORCING THE 
3103POLICE POWERS STATE ACTIONS THAT 
3104GO BEYOND THIS RAMP WILL BE 
3105SUBJECT TO SCRUTINY AND 
3106CHALLENGE.
3107THE ORDER MAKES IT CLEAR THAT 
3108ANY REQUIREMENT AKIN TO COMMON 
3109CARRIER REGULATION ARE BARRED 
3110AND MY REQUEST THE ORDER ALSO 
3111SPECIFIES THAT STATES MAY NOT 
3112ADOPT TRANSPARENCY REQUIREMENTS 
3113WHETHER LABELED AS SUCH ARE 
3114UNDER THE GUISE OF CONSUMER 
3115PROTECTION.
3116I WOULD ALSO BE OF STATE 
3117BROADBAND PRIVACY ACTIONS 
3118OUTSIDE THE SCOPE OF WHAT IS 
3119PERMISSIBLE.
3120THE PURPOSE OF THIS ORDER IS TO 
3121RESTORE A LIGHT TOUCH APPROACH 
3122TO DEREGULATION.
3123THEREFORE, ANY ACTION TO 
3124INCREASE THE REGULATORY BURDEN 
3125ON BROADBAND PROVIDERS WOULD RUN 
3126DIRECTLY COUNTER TO OUR EFFORTS.
3127I HOPE THAT MOST STATES AND 
3128LOCALITIES WOULD NOT WASTE TIME 
3129AND RESOURCES ATTEMPTING TO PUSH 
3130THE BOUNDARIES BUT I REALIZE 
3131SOME WILL DO SO REGARDLESS.
3132I EXPECT THE AGENCY TO BE 
3133VIGILANT IN IDENTIFYING AND 
3134PURSUING THESE CASES.
3135I ALSO COMMIT TO WORK CLOSELY 
3136WITH THE CHAIRMAN AND THE 
3137GENERAL COUNSEL TO QUASH ANY 
3138CONFLICTS THAT ARISE.
3139BEFORE CONCLUDING I WANT TO 
3140ADDRESS THE ATMOSPHERE 
3141SURROUNDING THE PROCESS OF THE 
3142PROCEEDINGS.
3143I'LL START WITH THE NUMBER AND 
3144IDENTITY OF THE COMMENTS 
3145SUBMITTED.
3146SOME WOULD LIKE TO HAVE US 
3147BELIEVE THAT THE COMMENT PROCESS 
3148HAS BEEN IRREPARABLY TAINTED BY 
3149THE LARGE NUMBER OF FAKE 
3150COMMENTS.
3151THAT VIEW REFLECTS A LACK OF 
3152UNDERSTANDING OF WHAT THE 
3153ADMINISTRATIVE PROCEDURE ACT.
3154THE AGENCY IS REQUIRED TO 
3155CONSIDER AND RESPOND TO 
3156SIGNIFICANT COMMENTS IN THE 
3157RECORD.
3158MILLIONS OF COMMENTS THAT SAY 
3159SOMETHING ALONG THE LINES OF KEY 
3160NET NEUTRALITY OR OTHER COLORFUL 
3161LANGUAGE CAN'T SAY IN PUBLIC 
3162INCLUDING A COUPLE THAT REFERRED 
3163TO ME AS A POTATO.
3164[LAUGHING]
3165[OFF MIC]
3166SAY THAT I LOOK LIKE A POTATO.
3167[OFF MIC]
3168>>CHAIRMAN PAI:  I ENTERED IT IN 
3169A GOOD WAY.
3170[LAUGHING]
3171SORRY.
3172-- MEANT IT IN A GOOD WAY.
3173>>COMMISSIONER O'RIELLY:  
3174WHETHER OR NOT THEY ARE 
3175SUBMITTED BY REAL PEOPLE OR 
3176HONEY BADGER HAVE NO IMPACT ON 
3177THE DECISION IN THE ORDER MAKES 
3178CLEAR WE DO NOT RELY ON ANY SUCH 
3179COMMENTS.
3180TO BE CLEAR IT DOES NOT MEAN 
3181COMMENTS WERE IGNORED.
3182I COMMEND STAFF FOR THE EXTRA 
3183EFFORT THEY HAD TO SIT THROUGH 
3184THESE COMMENTS.
3185MANY WERE SIMPLY OBSCENITY LACED 
3186TIRADES YET THE ORDER REFLECTS A 
3187CAREFUL EVALUATION AND RESPONSE 
3188TO ALL THE SIGNIFICANT COMMENTS 
3189INCLUDING THOSE THAT TOOK A 
3190DIFFERENT POSITION.
3191ADDITIONALLY I DISAGREE WITH THE 
3192SUGGESTION THE COMMISSION SHOULD 
3193HAVE HELD PUBLIC HEARINGS.
3194ANY MEMBER OF THE PUBLIC THAT 
3195WANTED TO EXPRESS A VIEW COULD 
3196HAVE DONE THROUGH SO THE COMMENT 
3197PROCESS AND MANY, MANY MANY DAD.
3198PUBLIC HEARINGS MAY BRING ABOUT 
3199SOME ADDITIONAL PEOPLE IN 
3200PARTICULAR LOCATIONS BUT IS 
3201INEFFICIENT FOR REACHING LARGE 
3202NUMBERS OF INTERESTED PARTIES 
3203AROUND THE COUNTRY.
3204FINALLY, I SEE NO MERIT IN THE 
3205SUGGESTION THE AGENCY SHOULD 
3206HAVE DELAYED THE VOTE UNTIL 
3207AFTER THE NINTH CIRCUIT ISSUES A 
3208DECISION FOR THE FTC VERSUS AT&T 
3209MOBILITY.
3210THE PANEL DECISION RAISE SOME 
3211QUESTIONS ABOUT THE FCC'S 
3212JURISDICTION IT WAS WIDELY 
3213VIEWED WITH SKEPTICISM.
3214MOREOVER THE COURT ORDER 
3215GRANTING THE PANEL DECISION 
3216RENDERED IT ILLEGAL THEREFORE, 
3217THE FCC IS NOT PRECLUDED FROM 
3218ENFORCING ISP NET NEUTRALITY 
3219COMMITMENTS.
3220IN SHORT THERE IS NO BASIS FOR 
3221DELAYED.
3222I COMMEND THE CHAIRMAN AND HIS 
3223TEAM FOR HARD-WORKING AND 
3224DILIGENT STAFF FOR THEIR 
3225ENORMOUS EFFORT TO PRODUCE AN 
3226ORDER OF THIS QUALITY AND 
3227SIGNIFICANT.
3228I'M SURE THE TASK REQUIRES LONG 
3229DAYS SINCE MUCH TIME SPENT AWAY 
3230FROM FAMILY AND FRIENDS AND I 
3231HOPE YOU CAN REST AND RECONNECT 
3232OVER THE HOLIDAY SEASON.
3233IT'S VERY DESERVED AND YOU HAVE 
3234MY FULL RESPECT AND PROFOUND 
3235APPRECIATION FOR YOUR WORK.
3236I VOTE TO APPROVE.
3237>>CHAIRMAN PAI:  THANK YOU, 
3238COMMISSIONER.
3239COMMISSIONER CARR.
3240>>COMMISSIONER CARR:  THIS IS A 
3241GREAT DAY FOR CONSUMERS, 
3242INNOVATION, FREEDOM.
3243FOR REVERSING THE OBAMA ERA FCC 
3244UNPRECEDENTED DECISIONS TO APPLY 
3245TITLE TWO REGULATIONS TO THE 
3246INTERNET.
3247I AM PROUD WITH HEAVY-HANDED 
3248REGULATION AND MASSIVE 
3249REGULATORY OVERREACH.
3250PRIOR TO THE FCC 2015 DECISION 
3251CONSUMERS AND INNOVATORS ALIKE 
3252BENEFITED FROM A FREE AND OPEN 
3253INTERNET.
3254THIS IS NOT BECAUSE THE 
3255GOVERNMENT IMPOSED UTILITY STYLE 
3256REGULATIONS, NOT BECAUSE THE FCC 
3257HAD A RULE REGULATING INTERNET 
3258CONDUCT.
3259INSTEAD THE REPUBLICAN AND 
3260DEMOCRATIC ADMINISTRATIONS ALIKE 
3261INCLUDING THROUGH THE FIRST SIX 
3262YEARS OF THE OBAMA 
3263ADMINISTRATION, THE FCC ABIDED 
3264BY TWENTY-YEAR BIPARTISAN 
3265CONSENSUS THAT THE GOVERNMENT 
3266SHOULD NOT CONTROL OR HEAVILY 
3267REGULATE INTERNET ACCESS.
3268THE INTERNET FLOURISHED UNDER 
3269THIS FRAMEWORK.
3270THE PRIVATE SECTOR INVESTED OVER 
32711.5 TRILLION IN BROADBAND 
3272NETWORKS, CONSUMERS WERE 
3273PROTECTED AND ENJOYED THE 
3274FREEDOM TO ACCESS THE WEBSITES 
3275AND CONSTANT OF THEIR CHOOSING.
3276EVERY PART OF THE INTERNET 
3277ECONOMY BENEFITED.
3278FROM INNOVATORS ON THE EDGE TO 
3279STARTUPS AND BUSINESSES OF EVERY 
3280SIZE.
3281TITLE II DID NOT BUILD THAT.
3282TITLE II DID NOT CREATE THE OPEN 
3283INTERNET.
3284AND TITLE II IS NOT THE WAY TO 
3285MAINTAIN ITS.
3286THE FCC'S LIGHT REGULATORY TOUCH 
3287COUPLED WITH THE ROBUST CONSUMER 
3288PROTECTIONS WE RESTORED TODAY 
3289SUPPORTED OUR COUNTRY'S 
3290EXTRAORDINARY INTERNET SUCCESS 
3291STORY.
3292AFTER A TWO-YEAR DETOUR, ONE 
3293THAT HAS SEEN INVESTMENTS 
3294DECLINE, BROADBAND DEPLOYMENT 
3295PUT ON HOLD, AN INNOVATIVE NEW 
3296OFFERINGS SHELVED, IT IS GREAT 
3297TO SEE THE FCC RETURNING TO THIS 
3298PROVEN REGULATORY APPROACH.
3299THERE IS NO DOUBT THAT THE 
3300DEBATE OVER INTERNET REGULATION 
3301HAS GENERATED SIGNIFICANT PUBLIC 
3302ATTENTION, AS IT SHOULD.
3303I FOR ONE HAVE LEARNED SOME 
3304COLORFUL NEW TERMS AND PHRASES 
3305THROUGH THE COURSE OF THIS 
3306PROCEEDING AND MUCH OF THIS IS 
3307NO SURPRISE.
3308AMERICANS CHERISH THE FREE AND 
3309OPEN INTERNET.
3310WHEN IT COMES TO THIS PROCEEDING 
3311FAR TOO MANY ARE SIMPLY FANNING 
3312THE FALSE FLAMES OF FEAR.
3313THE APOCALYPTIC RHETORIC IS 
3314QUITE SOMETHING EVEN BY 
3315WASHINGTON STANDARDS.
3316THE FCC IS NOT ENDING THE 
3317INTERNET OR AS PRESIDENT OBAMA'S 
3318FIRST FEDERAL TRADE COMMISSION 
3319CHAIRMAN PUT IT AT THE SKY IS 
3320NOT FALLING, CONSUMERS WILL 
3321REMAIN PROTECTED AND THE 
3322INTERNET WILL FLOURISH.
3323WHAT WE ARE DOING WITH TODAY'S 
3324VOTE IS REVERSING A TWO-YEAR-OLD 
3325DECISION INTO RETURNING TO A 
3326TRIED AND TRUED REGULATORY 
3327FRAMEWORK ONE WE KNOW FROM OUR 
3328OWN EXPERIENCE WORKS FOR 
3329CONSUMERS AND FOR INNOVATION.
3330MANY OF THE MYTHS OUT THERE GO 
3331TO WHAT I CALL THE GREAT TITLE 
3332II HAD FAKED.
3333WHICH IS ATTRIBUTE INTO TITLE II 
3334THINKS THAT IT SIMPLY DOES NOT 
3335DO.
3336SOME CLAIM FOR INSTANCE, THAT 
3337TITLE II IS PREVENTING ISPS FROM 
3338SELLING BUNDLED OR CURATED PLANS 
3339THAT OFFER ACCESS TO ONLY A 
3340PORTION OF THE INTERNET.
3341NOT TRUE.
3342THE FCC EXPRESSLY STATED THAT 
3343TITLE II RIGHT NOW ALLOWS 
3344PROVIDERS TO DO JUST THAT.
3345SOME CLAIM THAT TITLE II IS 
3346PREVENTING ISPS FROM INCREASING 
3347THEIR PRICES FOR BROADBAND SO 
3348THEY WILL SEE A SPIKE 
3349IMMEDIATELY AFTER THIS DECISION.
3350THE FCC EMPHASIZED THAT TITLE II 
3351INVOLVES LOW CODE NO REGULATION"  
3352SOME CLAIM THAT TITLE II IS 
3353PREVENTING ISPS FROM BLOCKING 
3354THROTTLING OR ENGAGED IN PRIVATE 
3355-- PAID PRIORITIZATION.
3356ALSO NOT TRUE.
3357THE DC CIRCUIT SAID TITLE II 
3358ALLOWS ISPS TO, "BLOCK WEBSITES 
3359AND THROTTLE APPLICATIONS CHOSEN 
3360BY ISPS AND TO FILTER CONTENT IN 
3361THE FAST LANE SINCE LOW LINES 
3362BASED ON ISPS COMMERCIAL 
3363INTEREST PROVIDED THAT THEY 
3364DISCLOSE THOSE PRACTICES" .
3365IN OTHER WORDS, TITLE II IS NOT 
3366THE THIN LINE BETWEEN WHERE WE 
3367ARE RIGHT NOW AND SOME MAD MAX 
3368VERSION OF THE INTERNET.
3369THERE ARE REASONS THAT CONSUMERS 
3370ENJOYED A FREE AND OPEN INTERNET 
3371LONG BEFORE TITLE II.
3372THERE ARE REASONS WHY CONSUMERS 
3373ARE FREE TO ACCESS ANY WEBSITE 
3374OR ONLINE CONTENT OF THEIR 
3375CHOOSING AND THOSE REASONS WILL 
3376CONTINUE TO HOLD TRUE LONG AFTER 
3377OUR TITLE II EXPERIMENT AND 
3378TODAY.
3379WHAT ARE THEY?
3380THE DC CIRCUIT HAS OFFERED ITS 
3381VIEW.
3382WHEN IT OBSERVED TITLE II ALLOWS 
3383ISPS TO OFFERED FILTERED 
3384INTERNET ACCESS AT SAID NONE 
3385WERE DOING SO BECAUSE WHAT IT 
3386SAID IS FEAR OF SUBSCRIBER LOSS.
3387IN OTHER WORDS, MARKET FORCES.
3388NOT THE TITLE II RULES ARE 
3389REGULATING THIS CONDUCT.
3390THERE ARE SOME THAT WILL NEVER 
3391ACCEPT MARKET FORCES AS A 
3392SOLUTION EITHER IN THE BROADBAND 
3393MARKETPLACE OR OTHERWISE.
3394BUT FOR THEM TODAY'S ORDER HAS 
3395MORE GOOD NEWS.
3396WE ARE NOT RELYING ON MARKET 
3397FORCES ALONE, WE ARE NOT GIVING 
3398ISPS FREE REIGN TO DICTATE YOUR 
3399ONLINE EXPERIENCE, OUR DECISION 
3400TODAY INCLUDES POWERFUL LEGAL 
3401CHECKS, FIRST AMERICANS WILL 
3402ENJOYED ROBUST ONLINE 
3403PROTECTIONS.
3404WHEN THE FCC CLASSIFIED 
3405BROADBAND AS A TITLE II SERVICE 
3406IN 2015, IT DIVESTED THE FEDERAL 
3407TRADE COMMISSION OF 100 PERCENT 
3408OF ITS CONSUMER PROTECTION 
3409AUTHORITY OVER ISPS INCLUDING 
3410ITS ABILITY TO POLICE ISPS THAT 
3411ENGAGE IN UNFAIR OR DECEPTIVE 
3412PRACTICES.
3413REPEALING TITLE II WILL RESTORE 
3414IMPORTANT PROTECTIONS FOR 
3415INTERNET OPENNESS.
3416SECOND, CONSUMERS WILL REGAIN 
3417STRONG ONLINE PRIVACY 
3418PROTECTIONS.
3419BEFORE THE FCC STRIPPED IT OF 
3420JURISDICTION THE FTC THE 
3421NATION'S MOST EXPERIENCED 
3422PRIVACY ENFORCEMENT AGENCY 
3423BROUGHT OVER 500 PRIVACY 
3424ENFORCEMENT ACTIONS INCLUDING 
3425AGAINST ISPS.
3426BY REVERSING TITLE II, CONSUMERS 
3427GET THOSE PRIVACY PROTECTIONS 
3428BACK.
3429THIRD, FEDERAL ANTITRUST LAW 
3430WILL PROTECT AGAINST 
3431DISCRIMINATORY CONDUCT BY ISPS.
3432AS A FORMER OBAMA ADMINISTRATION 
3433FTC CHAIRMAN RECENTLY SAID THIS 
3434IS A FORMIDABLE HAMMER AGAINST 
3435ANYONE WHO WOULD HARMFULLY 
3436BLOCK, THROTTLE OR PRIORITIZE 
3437TRAFFIC.
3438FOURTH, STATE CONSUMER 
3439PROTECTION LAWS WILL APPLY AND 
3440STATE ATTORNEY GENERAL'S CAN 
3441BRING ACTION AGAINST ISPS.
3442THESE AUTHORITIES PROVIDE 
3443ANOTHER STRONG SET OF LEGAL 
3444PROTECTIONS AGAINST UNFAIR 
3445BUSINESS PRACTICES BY ISPS.
3446IN SHORT, THIS IS NO FREE FOR 
3447ALL.
3448THIS IS NO THUNDERDOME.
3449THE FCC IS NOT KILLING THE 
3450INTERNET.
3451WHILE OF I'VE SPENT MOST OF MY 
3452TIME TODAY TALKING ABOUT A 
3453POLICY DEBATE SURROUNDING TITLE 
3454II THERE'S ALSO A THRESHOLD 
3455LEGAL QUESTION THE COMMISSION 
3456MUST ANSWER DOES INTERNET ACCESS 
3457SERVICE QUALIFY AS TITLE I OR 
3458TITLE II TELECOMMUNICATION 
3459SERVICE?
3460THANKFULLY I DON'T NEED TO GO 
3461BEYOND WHAT WAS SET ON THIS 
3462POINT.
3463AFTER ALL IN 2005 THE SUPREME 
3464COURT EXPRESSLY FOUND THAT THE 
3465FCC HAS AUTHORITY TO CLASSIFY 
3466INTERNET ACCESS SERVICE AS A 
3467TITLE I SERVICE.
3468THIS REMAINS THE ONLY 
3469CLASSIFICATION LEFT BY THE 
3470SUPREME COURT.
3471SO OUR DECISION TODAY RESTS ON 
3472SOUND LEGAL FOOTING.
3473IN CLOSING, I WANT TO LOOK BACK 
3474AT TWO YEARS AGO 2151 MORE TIME.
3475IN OCTOBER OF THAT YEAR, LONG 
3476BEFORE I BECAME A COMMISSIONER, 
3477I GAVE A SPEECH WHERE I TALKED 
3478ABOUT THE FCC RECENT TITLE II 
3479DECISION.
3480I ENDED THAT SPEECH WAS SAYING 
3481THIS, "I'M OPTIMISTIC THE U.S. 
3482WILL RETURN TO THE SUCCESSFUL 
3483LIGHT TOUCH APPROACH TO THE 
3484INTERNET THAT SPURRED MASS OF 
3485INVESTMENT IN BROADBAND 
3486INFRASTRUCTURE.
3487EFFORTS ARE UNDERWAY IN THE 
3488COURTS AND CONGRESS TO REVERSE 
3489THE FCC'S DECISION.
3490AND FOLLOWING NEXT YEAR'S 
3491PRESIDENTIAL ELECTION THE 
3492COMPOSITION OF THE FCC COULD BE 
3493SUBSTANTIALLY DIFFERENT THAN IT 
3494IS TODAY.
3495"
3496TWO YEARS AGO I DID NOT IMAGINE 
3497I WOULD BE PART OF THE FCC'S NEW 
3498COMPETITION -- COMPOSITION BUT 
3499I'M VERY GRATEFUL FOR THIS 
3500OPPORTUNITY TO SERVE.
3501I'M GRATEFUL THAT MY OPTIMISM 
3502THAT BEEN -- BACK THEN HAS 
3503PROVEN TO BE WELL-FOUNDED.
3504I'M GLAD TO CAST MY VOTE TODAY 
3505IN FAVOR OF INTERNET FREEDOM.
3506THANKS.
3507>>CHAIRMAN PAI:  THANK YOU, 
3508COMMISSIONER.
3509COMMISSIONER ROSENWORCEL.
3510>>COMMISSIONER ROSENWORCEL:  
3511OKAY ... NET NEUTRALITY IS 
3512INTERNET FREEDOM.
3513I SUPPORT THAT FREEDOM.
3514I JUST SENT FROM THIS RASH 
3515DECISION TO ROLL BACK NET 
3516NEUTRALITY RULES.
3517I DISSENT FROM THE CORRUPT 
3518PROCESS THAT HAS BROUGHT US TO 
3519THIS POINT AND I DISSENT FROM 
3520THE CONTEMPT THIS AGENCY HAS 
3521SHOWN OUR CITIZENS IN PURSUING 
3522THIS PATH TODAY.
3523THIS DECISION PUTS THE FEDERAL 
3524COMMUNICATIONS COMMISSION ON THE 
3525WRONG SIDE OF HISTORY, THE WRONG 
3526SIDE OF THE LAW, AND THE WRONG 
3527SIDE OF THE AMERICAN PUBLIC.
3528THE FUTURE OF THE INTERNET IS 
3529THE FUTURE OF EVERYTHING.
3530THAT IS BECAUSE THERE IS NOTHING 
3531IN OUR COMMERCIAL, SOCIAL OR 
3532CIVIC LIVES THAT HAVE BEEN 
3533UNTOUCHED BY AN INFLUENCE OR 
3534UNMOVED BY ITS POWER.
3535AND HERE IN THE UNITED STATES, 
3536OUR INTERNET ECONOMY IS THE ENVY 
3537OF THE WORLD.
3538THIS IS BECAUSE IT RESTS ON A 
3539FOUNDATION OF OPENNESS.
3540THAT OPENNESS IS REVOLUTIONARY.
3541IT MEANS YOU CAN GO WHERE YOU 
3542WANT AND DO WHAT YOU WANT ONLINE 
3543WITHOUT YOUR BROADBAND PROVIDER 
3544GETTING IN THE WAY OR MAKING 
3545CHOICES FOR YOU.
3546IT MEANS EVERY ONE OF US CAN 
3547CREATE WITHOUT PERMISSION, BUILD 
3548COMMUNITIES BEYOND GEOGRAPHY, 
3549ORGANIZED WITHOUT PHYSICAL 
3550CONSTRAINTS, CONSUME CONTENT WE 
3551WANT, WHEN AND WHERE WE WANT IT, 
3552AND SHARE IDEAS NOT JUST AROUND 
3553THE CORNER BUT ACROSS THE GLOBE.
3554I BELIEVE IT IS ESSENTIAL WE 
3555SUSTAINED THIS FOUNDATION OF 
3556OPENNESS AND THAT IS WHY I 
3557SUPPORT NET NEUTRALITY.
3558NET NEUTRALITY HAS DEEP ORIGINS 
3559AND COMMUNICATIONS LAW AND 
3560HISTORY.
3561IN THE ERA WHEN COMMUNICATIONS 
3562MEANT TELEPHONY EVERY CALL WENT 
3563THROUGH AND YOUR PHONE COMPANY 
3564COULD NOT CUT OFF YOUR CALL OR 
3565EDIT THE CONTENT OF YOUR 
3566CONVERSATION.
3567THIS GUIDING PRINCIPLE OF 
3568NONDISCRIMINATION MEANT YOU WERE 
3569IN CONTROL OF THE CONNECTIONS 
3570YOU MAKE.
3571THIS PRINCIPLE CONTINUED AS TIME 
3572ADVANCED, TECHNOLOGY CHANGED AND 
3573INTERNET ACCESS BECAME THE DIAL 
3574TONE OF THE DIGITAL AGE.
3575SO IT WAS 12 YEARS AGO WHEN 
3576PRESIDENT GEORGE W. BUSH WAS IN 
3577THE WHITE HOUSE THAT THIS AGENCY 
3578FIRST PUT ITS NET NEUTRALITY 
3579POLICIES ON PAPER.
3580IN THE DECADE THAT FOLLOWS, THE 
3581FCC REVAMPED AND REVISED ITS NET 
3582NEUTRALITY RULES SEEKING TO KEEP 
3583THEM CURRENT AND FIND THEM A 
3584STABLE HOME IN THE LAW.
3585IN ITS 2015 ORDER, THE FCC 
3586SUCCEEDED BECAUSE IN THE 
3587FOLLOWING YEAR IN A 184 PAGE 
3588OPINION THE AGENCIES NET 
3589NEUTRALITY RULES WERE FULLY AND 
3590COMPLETELY UPHELD IN COURT.
3591SO OUR EXISTING NET NEUTRALITY 
3592POLICIES HAVE PASSED COURT 
3593MUSTER.
3594THEY ARE WILDLY POPULAR.
3595BUT TODAY WE WIPE AWAY THIS 
3596WORK, DESTROY THIS PROGRESS AND 
3597BURN DOWN TIME TESTED VALUES 
3598THAT HAVE MADE OUR INTERNET 
3599ECONOMY THE ENVY OF THE WORLD.
3600AS A RESULT OF TODAY'S MISGUIDED 
3601ACTION, OUR BROADBAND PROVIDERS 
3602WILL GET EXTRAORDINARY NEW 
3603POWERS.
3604THEY WILL HAVE THE POWER TO 
3605BLOCK WEBSITES, THE POWER TO 
3606THROTTLE SERVICES AND THE POWER 
3607TO CENSOR ONLINE CONTENT.
3608THEY WILL HAVE THE RIGHT TO 
3609DISCRIMINATE AND FAVORED THE 
3610INTERNET TRAFFIC OF THOSE 
3611COMPANIES WITH WHOM THEY HAVE A 
3612PAY FOR PAY ARRANGEMENT AND THE 
3613RIGHT TO CONSIGN ALL OTHERS TO A 
3614SLOW AND BUMPY ROAD.
3615OUR BROADBAND PROVIDERS WILL 
3616TELL YOU THEY WILL NEVER DO 
3617THESE THINGS, THEY SAY JUST 
3618TRUST US.
3619BUT KNOW THIS, THEY HAVE THE 
3620TECHNICAL ABILITY AND BUSINESS 
3621INCENTIVE TO DISCRIMINATE AND 
3622MANIPULATE YOUR INTERNET TRAFFIC 
3623AND NOW THIS AGENCY GIVES THEM 
3624THE LEGAL GREEN LIGHT TO GO 
3625AHEAD AND DO SO.
3626THIS IS NOT GOOD.
3627NOT GOOD FOR CONSUMERS, NOT GOOD 
3628FOR BUSINESSES, NOT GOOD FOR 
3629ANYONE WHO CONNECTS AND CREATES 
3630ON LINE.
3631NOT GOOD FOR THE DEMOCRATIZING 
3632FORCE THAT DEPENDS ON OPENNESS 
3633TO THRIVE.
3634MOREOVER IT IS NOT GOOD FOR 
3635AMERICAN LEADERSHIP ON THE 
3636GLOBAL STAGE OF OUR NEW AND 
3637COMPLEX DIGITAL WORLD.
3638I AM NOT ALONE WITH THESE 
3639CONCERNS.
3640EVERYONE FROM THE CREATOR OF THE 
3641WORLD WIDE WEB TO RELIGIOUS 
3642LEADERS TO GOVERNORS AND MAYORS 
3643OF BIG CITIES AND SMALL TOWNS, 
3644TO MUSICIANS, ACTORS, ACTRESSES, 
3645ENTREPRENEURS, ACADEMICS AND 
3646OTHERS HAVE REGISTERED THEIR 
3647UPSET AND ANGER.
3648THEY ARE REELING AT HOW THIS 
3649AGENCY COULD MAKE THIS KIND OF 
3650MISTAKE.
3651THEY ARE WONDERING HOW IT COULD 
3652BE SO TONE DEAF AND THEY ARE 
3653JUSTIFIABLY CONCERNED THAT JUST 
3654A FEW UNELECTED OFFICIALS COULD 
3655MAKE SUCH A VAST AND 
3656FAR-REACHING DECISION ABOUT THE 
3657FUTURE OF THE INTERNET.
3658SO AFTER ERASING OUR NET 
3659NEUTRALITY RULES, WHAT IS LEFT?
3660WHAT RECOURSE DO CONSUMERS HAVE?
3661WE ARE TOLD DON'T WORRY, 
3662COMPETITION WILL SAVE US.
3663BUT THE FCC'S OWN DATA SHOW THAT 
3664OUR BROADBAND MARKETS ARE NOT 
3665COMPETITIVE.
3666HALF OF THE HOUSEHOLDS IN THIS 
3667COUNTRY HAVE NO CHOICE OF 
3668BROADBAND PROVIDER.
3669SO IF YOUR BROADBAND PROVIDERS 
3670BLOCKING WEBSITES, YOU HAVE NO 
3671RECOURSE.
3672YOU HAVE NOWHERE TO GO.
3673WE ARE TOLD DON'T WORRY, THE 
3674FEDERAL TRADE COMMISSION WILL 
3675SAVE US.
3676BUT THE FTC IS NOT THE EXPERT 
3677AGENCY FOR COMMUNICATIONS.
3678IT HAS AUTHORITY OVER UNFAIR AND 
3679DECEPTIVE PRACTICES, BUT TO 
3680EVADE FTC REVIEW ALL ANY 
3681BROADBAND PROVIDER WILL NEED TO 
3682DO IS ADD NEW PROVISIONS TO THE 
3683FINE PRINT IN ITS TERMS OF 
3684SERVICE.
3685IN ADDITION, IT IS BOTH COSTLY 
3686AND IMPRACTICAL TO REPORT 
3687DIFFICULTIES TO THE FTC.
3688BY THE TIME THE FTC GETS AROUND 
3689TO ADDRESSING THEM IN COURT 
3690PROCEEDINGS OR ACTIONS, FAIR TO 
3691ASSUME THE STARTUPS AND SMALL 
3692BUSINESSES WRESTLING WITH 
3693DISCRIMINATORY TREATMENT COULD 
3694BE LONG GONE.
3695MOREOVER WHAT LITTLE AUTHORITY 
3696THE FCC HAS IS NOW UNDER 
3697QUESTION IN THE COURTS.
3698WE ARE TOLD DON'T WORRY, DATA 
3699AUTHORITY WILL SAVE US BUT AT 
3700THE SAME TIME, THE FCC ALL BUT 
3701CLEARS THE FIELD WITH PREEMPTION 
3702OF ANYTHING THAT RESEMBLES STATE 
3703OR LOCAL CONSUMER PROTECTIONS.
3704IT'S THE SUBSTANCE THAT GOT US 
3705TO THIS POINT AND THE PROCESS IS 
3706EVEN WORSE.
3707LET'S TALK ABOUT THE PUBLIC 
3708RECORD.
3709THE PUBLIC HAS BEEN MAKING NOISE 
3710SPEAKING UP, RAISING A RUCKUS.
3711WE SEE IT IN THE PROTESTS ACROSS 
3712THIS COUNTRY, THOSE THAT ARE 
3713OUTSIDE HERE TODAY AND WE SEE 
3714HOW THEY HAVE LIT UP OUR PHONE 
3715LINES, CLOGGED OUR E-MAIL 
3716INBOXES AND JAMMED ARE ONLINE 
3717COMMENTING SYSTEM.
3718THAT MIGHT BE MESSY, BUT 
3719WHATEVER OUR DISAGREEMENTS ARE 
3720ON THIS DAIS I HOPE WE CAN AGREE 
3721THAT IS DEMOCRACY IN ACTION AND 
3722SOMETHING WE CAN ALL SUPPORT.
3723TO DATE NEARLY 24 MILLION 
3724COMMENTS HAVE BEEN FILED IN THIS 
3725PROCEEDING.
3726THERE IS NO RECORD IN THE 
3727HISTORY OF THE AGENCY THAT HAS 
3728ATTRACTED SO MANY FILINGS.
3729BUT THERE IS SOMETHING FOUL IN 
3730THIS RECORD.
37312 MILLION COMMENTS FEATURE 
3732STOLEN IDENTITIES.
3733HALF A MILLION COMMENTS ARE FROM 
3734RUSSIAN E-MAIL ADDRESSES.
373550,000 CONSUMER COMPLAINTS ARE 
3736INEXPLICABLY MISSING FROM THE 
3737RECORD.
3738I THINK THAT IS A PROBLEM.
3739I THINK OUR RECORD HAS BEEN 
3740CORRUPTED AND OUR PROCESS FOR 
3741PUBLIC PARTICIPATION LACKS 
3742INTEGRITY.
374319 STATE ATTORNEYS GENERAL 
3744AGREE.
3745THEY HAVE WRITTEN US DEMANDING 
3746WE HALT OUR VAULT VOTE UNTIL WE 
3747INVESTIGATE AND GET TO THE 
3748BOTTOM UP THIS MESS.
3749IDENTITY THEFT IS A CRIME UNDER 
3750STATE AND FEDERAL LAW AND WHILE 
3751IT IS TAKING PLACE THIS AGENCY 
3752HAS TURNED A BLIND EYE TO ITS 
3753VICTIMS AND CALLOUSLY TOLD OUR 
3754FELLOW LAW ENFORCEMENT OFFICIALS 
3755IT WILL NOT HELP.
3756THIS IS NOT ACCEPTABLE.
3757IT'S A STAIN ON THE FCC AND THIS 
3758PROCEEDING.
3759THIS ISSUE IS NOT GOING AWAY.
3760IT NEEDS TO BE ADDRESSED.
3761FINALLY, I WORRY THAT THIS 
3762DECISION AND THE PROCESS THAT 
3763BROUGHT US TO THIS POINT IS 
3764UGLY.
3765IT IS UGLY IN THE CAVALIER 
3766DISREGARD THIS AGENCY HAS 
3767DEMONSTRATED TO THE PUBLIC, THE 
3768CONTEMPT IT HAS SHOWN FOR 
3769CITIZENS TO SPEAK UP AND THE 
3770SHEER DISDAIN IT HAS FOR PUBLIC 
3771OPINION.
3772UNLIKE ITS PREDECESSORS THIS FCC 
3773HAS NOT HELD A SINGLE PUBLIC 
3774HEARING ON NET NEUTRALITY.
3775THERE IS NO SHORTAGE OF PEOPLE 
3776WHO BELIEVE WASHINGTON IS NOT 
3777LISTENING TO THEIR CONCERNS, 
3778THEIR FEARS, AND THEIR DESIRES.
3779ADD THIS AGENCY TO THAT LIST.
3780I TO AM FRUSTRATED, BUT HERE'S 
3781THE TWIST, I HEAR YOU.
3782I LISTENED WITH THE CALLERS TO 
3783WHAT MY OFFICE ARE SAYING.
3784I READ THE COUNTLESS 
3785INDIVIDUALLY WRITTEN E-MAILS IN 
3786MY INBOX, THEY POST ONLINE AND 
3787THE VERY SHORT SOMETIMES VERY 
3788LONG LETTERS.
3789AND I'M NOT GOING TO GIVE UP.
3790AND NEITHER SHOULD YOU.
3791IN THE ARC OF HISTORY AS LONG, 
3792WE ARE GOING TO BEND THIS TOWARD 
3793A MORE JUST OUTCOME IN THE 
3794COURTS, IN CONGRESS, WHEREVER WE 
3795NEED TO GO TO ENSURE THAT NET 
3796NEUTRALITY STAYS THE LAW OF THE 
3797LAND BECAUSE IF YOU ARE 
3798CONSERVATIVE OR PROGRESSIVE YOU 
3799BENEFIT FROM INTERNET OPENNESS.
3800IF YOU COME FROM A SMALL TOWN OR 
3801A BIG CITY, YOU BENEFIT FROM 
3802INTERNET OPENNESS.
3803IF YOU ARE A COMPANY OR A 
3804NONPROFIT YOU BENEFIT FROM 
3805INTERNET OPENNESS.
3806IF YOU ARE A STARTUP OR AN 
3807ESTABLISHED YOU BENEFIT FROM 
3808INTERNET OPENNESS.
3809IF YOU ARE A CONSUMER OR A 
3810CREATOR, YOU BENEFIT FROM 
3811INTERNET OPENNESS.
3812AND IF YOU BELIEVE IN DEMOCRACY 
3813YOU BENEFIT FROM INTERNET 
3814OPENNESS.
3815SO LET'S PERSIST, LET'S FIGHT, 
3816LET'S NOT STOP HERE OR NOW.
3817IT IS TOO IMPORTANT.
3818THE FUTURE DEPENDS ON IT.
3819>>CHAIRMAN PAI:  THANK YOU, 
3820COMMISSIONER.
3821THE INTERNET IS THE GREATEST 
3822FREE-MARKET INNOVATION IN 
3823HISTORY.
3824IT CHANGED THE WAY WE LIVE, THE 
3825WAY WE PLAY, THE WAY WE WORK, 
3826THE WAY WE LEARN, DURING MY TIME 
3827AT THE FCC I'VE MET WITH 
3828ENTREPRENEURS WHO STARTED 
3829BUSINESSES.
3830I'VE MET WITH DOCTORS IN OHIO 
3831WHO HAVE HELPED CARE FOR 
3832PATIENTS.
3833I'VE MET WITH TEACHERS IN ALASKA 
3834WHO HAVE EDUCATED STUDENTS.
3835I MET WITH FARMERS IN MISSOURI 
3836WHO HAVE INCREASED THEIR CROPS 
3837AND MANY, MANY MORE WHO HAVE 
3838SUCCEEDED ALL BECAUSE OF THE 
3839INTERNET.
3840THE INTERNET HAS ENRICHED MY OWN 
3841LIFE IMMEASURABLY.
3842THE PAST TWO DAYS ALONE I SET UP 
3843A FACE TIME CALL WITH MY PARENTS 
3844AND KIDS, DOWNLOADED INTERESTING 
3845PODCAST ABOUT BLOCK CHAIN 
3846TECHNOLOGY, ORDERED A BURRITO, 
3847MANAGE MY PLAYOFF BOUND FANTASY 
3848FOOTBALL TEAM AND AS MANY OF YOU 
3849MIGHT SEE I TWEETED.
3850WHAT IS RESPONSIBLE FOR THE 
3851PHENOMENAL DEVELOPMENT OF THE 
3852INTERNET?
3853CERTAINLY WASN'T HEAVY-HANDED 
3854GOVERNMENT REGULATION.
3855QUITE THE CONTRARY.
3856AT THE DAWN OF THE COMMERCIAL 
3857INTERNET PRESIDENT CLINTON AND A 
3858REPUBLICAN CONGRESS AGREED IT 
3859WOULD BE THE POLICY OF THE 
3860UNITED STATES TO, "PRESERVE THE 
3861VIBRANT COMPETITIVE FREE MARKET 
3862THAT EXISTS FOR THE INTERNET 
3863UNFETTERED BY FEDERAL AND STATE 
3864REGULATION."
3865THIS BIPARTISAN POLICY WORKED 
3866ENCOURAGED BY LIKE CUT 
3867REGULATION AMERICAS PRIVATE 
3868SECTOR SPENT OVER $1.5 TRILLION 
3869TO BUILD FIXED AND MOBILE 
3870NETWORKS THROUGHOUT THE UNITED 
3871STATES.
387228K MODEMS GAVE WAY TO GIGABIT 
3873FIBER.
3874INNOVATORS AND ENTREPRENEURS 
3875GREW STARTUPS INTO GLOBAL GIANTS 
3876AND AMERICA'S INTERNET ECONOMY 
3877IS THE ENVY OF THE ENTIRE WORLD.
3878AND THIS LIGHT TOUCH APPROACH 
3879WAS GOOD FOR CONSUMERS.
3880FREE MARKET FULL OF INNOVATION, 
3881ONLINE SERVICES BLOSSOMED.
3882WITHIN A GENERATION WE HAVE GONE 
3883FROM E-MAIL AS THE KILLER APP TO 
3884HIGH DEFINITION VIDEO STREAMING.
3885ENTREPRENEURS AND INNOVATORS 
3886GUIDED THE INTERNET FAR BETTER 
3887THAN THE HEAVY HAND OF 
3888GOVERNMENT EVER COULD HAVE.
3889THEN IN EARLY 2015 THE FCC UNDER 
3890POLITICAL PRESSURE JETTISONED 
3891THE SUCCESSFUL BIPARTISAN 
3892APPROACH TO THE INTERNET ON 
3893EXPRESS ORDERS FROM PREVIOUS 
3894WHITE HOUSE THE FCC SCRAPPED THE 
3895TRIED AND TRUE LIGHT TOUCH 
3896REGULATION OF THE INTERNET AND 
3897REPLACED IT WITH HEAVY-HANDED 
3898MICROMANAGEMENT.
3899AND DECIDED TO SUBJECT THE 
3900INTERNET TO UTILITY STYLE 
3901REGULATIONS DESIGNED IN THE 1930 
3902TO GOVERN MA BELL.
3903THIS DECISION WAS A MISTAKE.
3904FOR ONE THINK THERE WAS NO 
3905PROBLEM TO SOLVE.
3906THE INTERNET WAS NOT BROKEN IN 
39072015.
3908WE WERE NOT LIVING IN SOME 
3909DIGITAL DYSTONIA.
3910TO THE CONTRARY THE INTERNET IS 
3911ONE THING, PERHAPS THE ONLY 
3912THING IN AMERICAN SOCIETY THAT 
3913WE CAN ALL AGREE HAS BEEN A 
3914STUNNING SUCCESS.
3915NOT ONLY WHERE THERE ARE 
3916PROBLEMS, THE SOLUTION HAS 
3917WORKED.
3918THE MAIN COMPLAINT THE CONSUMERS 
3919HAVE ABOUT THE INTERNET IS NOT 
3920AND HAS NEVER BEEN THAT THEY ARE 
3921SERVER PROVIDERS BLOCKING ACCESS 
3922TO CONTENT.
3923THAT THEY DON'T HAVE ACCESS AT 
3924ALL OR NOT ENOUGH COMPETITION.
3925THESE REGULATIONS HAVE 
3926IRONICALLY TAKEN US IN THE 
3927OPPOSITE DIRECTION FROM CONSUMER 
3928PREFERENCES.
3929UNDER TITLE II INVESTMENT IN 
3930HIGH-SPEED NETWORK HAS DECLINED 
3931BY BILLIONS OF DOLLARS.
3932NOTABLY THIS IS THE FIRST TIME 
3933SUCH INVESTMENT HAS DECLINED 
3934OUTSIDE OF A RECESSION IN THE 
3935INTERNET ERA.
3936AND THERE'S LESS INVESTMENT THAT 
3937MEANS FEWER NEXT-GENERATION 
3938NETWORKS ARE BUILT.
3939THAT MEANS LESS ACCESS AND LESS 
3940COMPETITION.
3941THAT MEANS FEWER JOBS FOR 
3942AMERICANS BUILDING THOSE 
3943NETWORKS AND THAT MEANS MORE 
3944AMERICANS ARE STRANDED ON THE 
3945WRONG SIDE OF THE DIGITAL 
3946DIVIDE.
3947THE IMPACT HAS BEEN PARTICULARLY 
3948SERIOUS FOR SMALLER INTERNET 
3949SERVICE PROVIDERS.
3950THEY DON'T HAVE THE TIME, MONEY 
3951OR LAWYERS TO NAVIGATE THE 
3952THICKEST OF COMPLEX RULES AND 
3953THEY DON'T GET A LOT OF PRESS 
3954CERTAINLY NOT HERE IN 
3955WASHINGTON.
3956BUT I HAVE PERSONALLY VISITED 
3957SOME OF THEM FROM SPENCER 
3958MUNICIPAL UTILITIES TO WAIVE 
3959WIRELESS IN PARSONS KANSAS.
3960I'VE PERSONALLY SPOKEN WITH MANY 
3961MORE FROM OHIO TO AIRLINK 
3962SERVICES IN OKLAHOMA.
3963IT IS NO SURPRISE THAT THE 
3964WIRELESS INTERNET SERVICE 
3965PROVIDERS ASSOCIATION, WHICH 
3966REPRESENTS A VERY SMALL FIXED 
3967WIRELESS COMPANIES THAT 
3968TYPICALLY OPERATE IN RURAL AND 
3969LOW INCOME URBAN AREAS SURVEYED 
3970MEMBERS AND FOUND OVER 
397180 PERCENT, "INCURRED ADDITIONAL 
3972EXPENSE COMPLYING WITH THE TITLE 
3973TWO RULES AND DELAYED OR REDUCED 
3974NETWORK EXPANSION AND HAD 
3975DELAYED OR REDUCED SERVICES AND 
3976HAD ALLOCATED BUDGETS TO COMPLY 
3977WITH THE RULES."
3978OTHER SMALL COMPANIES HAVE TOLD 
3979THE FCC THAT THESE REGULATIONS 
3980HAVE FORCED THEM TO CANCEL, 
3981DELAY OR CURTAIL FIBER NETWORK 
3982UPGRADES.
3983AND NEARLY TWO DOZEN SMALL 
3984PROVIDER SUBMITTED A LETTER 
3985SAYING THE FCC HEAVY-HANDED 
3986RULES AFFECT OUR ABILITY TO FIND 
3987FINANCING.
3988REMEMBER IT'S NOT THE BIG GUYS, 
3989THESE ARE SMALL COMPANIES, THE 
3990KINDS OF COMPANIES THAT ARE 
3991CRITICAL TO PROVIDING A MORE 
3992COMPETITIVE MARKETPLACE.
3993THESE RULES HAVE ALSO IMPEDED 
3994INNOVATION.
3995ONE MAJOR COMPANY FOR INCIDENTS 
3996REPORTED TO PUT ON HOLD THE 
3997PROJECTS TO BUILD OUT ITS OUT OF 
3998HOME WI-FI NETWORK DUE TO 
3999UNCERTAINTY ABOUT THE FCC'S 
4000REGULATORY STANCE.
4001AND A COALITION OF 19 MUNICIPAL 
4002INTERNET SERVICE PROVIDERS, CITY 
4003GOVERNMENT OWNED NONPROFITS HAVE 
4004TOLD THE FCC THAT THEY, "OFF 
4005UNTIL LATE OR HOLD OUT FROM 
4006ROLLING OUT A NEW FEATURE OR 
4007SERVICE BECAUSE THEY CANNOT 
4008AFFORD TO DEAL WITH THE 
4009POTENTIAL COMPLAINTS AND 
4010ENFORCEMENT ACTION."
4011NONE OF THIS IS GOOD FOR 
4012CONSUMERS.
4013WE NEED TO EMPOWER ALL AMERICANS 
4014WITH DIGITAL OPPORTUNITY, NOT 
4015DENY THEM THE BENEFITS OF 
4016GREATER EXCESS AND COMPETITION.
4017AND CONSIDER THAT THESE ARE JUST 
4018THE EFFECTS THAT THESE RULES 
4019HAVE HAD ON THE INTERNET TODAY.
4020THINK ABOUT HOW THEY WILL AFFECT 
4021THE INTERNET WE NEED TEN, 20 
4022YEARS FROM NOW.
4023THE DIGITAL WORLD BEARS NO 
4024RESEMBLANCE TO A WATER PIPE OR 
4025AN ELECTRIC LINE OR ESA WERE.
4026USE OF THOSE PIPES WILL BE 
4027ROUGHLY CONSTANT OVER TIME.
4028VERY FEW WILL SAY THERE'S 
4029DRAMATIC INNOVATION IN THESE 
4030AREAS.
4031BY CONTRAST ONLINE TRAFFIC IS 
4032EXPLORING AND WE CAN ASSUME 
4033EXPONENTIALLY MORE TRAFFIC AND 
4034DATA OVER TIME.
4035WITH THE DAWN OF THE INTERNET OF 
4036THINGS COME UP WITH THE 
4037DEVELOPMENT OF HIGH BIT RATE 
4038APPLICATIONS LIKE VIRTUAL 
4039REALITY, WITH NEW ACTIVITIES WE 
4040CAN'T FULLY GRASP YET LIKE 
4041HIGH-VOLUME BITCOIN MINING, WE 
4042ARE IMPOSING EVER MORE DEMAND ON 
4043THE NETWORK.
4044OVER TIME THAT MEANS OUR 
4045NETWORKS THEMSELVES WILL NEED TO 
4046SCALE.
4047ON ADVICE OF SECURITY WE NEED TO 
4048TAKE A BRIEF BREAK.
4049>> [OFF MIC]
4050[ BREAK TAKEN ]
4051
4052
4053 
4054>>CHAIRMAN PAI:  SORRY FOR THE 
4055INTERRUPTION.
4056WE WERE ACTING ON THE 
4057RECOMMENDATION OF THE FEDERAL 
4058PROTECTIVE SERVICE AND CANNOT 
4059RECONVENE.
4060WHERE WAS I?
4061CONSIDER THAT THESE ARE JUST THE 
4062EFFECTS THAT ARE RULES HAVE HAD 
4063ON THE INTERNET OF TODAY.
4064THINK ABOUT HOW THEY WILL AFFECT 
4065THE INTERNET WE NEED TEN, 20 
4066YEARS FROM NOW.
4067THE DIGITAL WORLD BEARS NO 
4068RESEMBLANCE TO A WATER PIPE OR 
4069ELECTRIC LINE OR SEWER.
4070THE USE OF THOSE PIPES WILL BE 
4071ROUGHLY CONSTANT OVER TIME AND 
4072FEW WOULD SAY THAT THE DRAMATIC 
4073INNOVATION THOSE AREAS.
4074BY CONTRAST ONLINE TRAFFIC IS 
4075EXPLODING AND WITH THE DAWN OF 
4076THE INTERNET OF THINGS, THE 
4077DEVELOPMENT OF HIGH BIT RATE 
4078APPLICATIONS LIKE VIRTUAL 
4079REALITY IN NEW ACTIVITIES WE 
4080CAN'T FULLY GRASP YET LIKE 
4081HIGH-VOLUME BITCOIN MINING WE 
4082ARE IMPOSING EVER MORE DEMAND ON 
4083THE NETWORK.
4084OVER TIME THAT MEANS THAT OUR 
4085NETWORKS THEMSELVES WILL HAVE TO 
4086SCALE.
4087BUT THEY DON'T HAVE TO.
4088IF OUR RULE DETER A MASSIVE 
4089INFRASTRUCTURE INVESTMENT THAT 
4090WE NEED, EVENTUALLY WE WILL PAY 
4091THE PRICE AND TERMS OF LESS 
4092INNOVATION.
4093CONSIDER THESE WORDS FROM BEN 
4094THOMPSON A HIGHLY RESPECTED 
4095TECHNOLOGY ANALYST FROM A POST 
4096ON HIS BLOG SUPPORTING MY 
4097PROPOSAL.
4098IT'S AN EXTENDED QUOTES, BUT 
4099WITH YOUR INDULGENCE IT'S 
4100IMPORTANT.
4101THE QUESTIONS THAT MUST BE 
4102GRAPPLED WITH IS WHETHER OR NOT 
4103THE INTERNET IS DONE.
4104BY THAT I MEAN THAT TODAY'S 
4105BANDWIDTH IS ALL WE WILL EVER 
4106NEED WHICH MEANS WE CAN RISK 
4107CHILLING INVESTMENT THROUGH 
4108PROPHYLACTIC REGULATION AND THE 
4109ELIMINATION OF PRICE SIGNALS 
4110THAT MAY SPUR INFRASTRUCTURE 
4111BUILDOUT.
4112IF WE ARE DONE THEN THE 
4113POTENTIAL HARM OF A TITLE TWO 
4114RECLASSIFICATION IS MUCH LOWER.
4115SURE ISPS WILL HAVE TO DO MORE 
4116PAPERWORK, BUT HONESTLY JUST A 
4117BUNCH OF MONOPOLISTS ANYWAY.
4118THAT'S TO GET LAWS IN PLACE TO 
4119PRESERVE WHAT WE HAVE.
4120BUT WHAT IF WE AREN'T DONE?
4121WHAT IF VIRTUAL REALITY WOULD DO 
4122WILL A.K.A. DISPLACED BECOMES 
4123MEANINGFUL.
4124WHAT IF THOSE IMAGINED REMOTE 
4125MEDICINE APPLICATIONS ARE 
4126ACTUALLY DEVELOPED?
4127WHAT IF THE INTERNET OF THINGS 
4128MOVES BEYOND THIS MESS THE 
4129EXPERIMENTATION PHASE AND INTO 
4130REAL-TIME VALUE GENERATION?
4131NOT JUST IN THE HOME, BUT IN ALL 
4132KINDS OF UNIMAGINED COMMERCIAL 
4133APPLICATIONS.
4134I CERTAINLY HOPE WE WILL HAVE 
4135THE BANDWIDTH TO SUPPORT ALL OF 
4136THAT.
4137I DO TOO.
4138AND AS THOMPSON PUT IT IN 
4139ANOTHER POST I QUOTE, "THE FACT 
4140OF THE MATTER IS THERE IS NO 
4141EVIDENCE THAT HARM EXISTS IN THE 
4142SORT OF SYSTEMATIC WAY THAT 
4143JUSTIFIES HEAVILY REGULATED ISP 
4144IS.
4145EVIDENCE DOES SUGGEST THAT 
4146CURRENT REGULATORY STRUCTURES 
4147HANDLE BAD ACTORS PERFECTLY 
4148WELL.
4149THE ONLY FEAR -- THE ONLY FUTURE 
4150TO FEAR IS THE ONE WE NEVER 
4151DISCOVER BECAUSE WE GAVE UP ON 
4152THE APPROACH THAT ALREADY HAS 
4153BROUGHT US SO FAR.
4154REMEMBER FOLKS, NETWORKS DON'T 
4155HAVE TO BE BUILT.
4156RISKS DON'T HAVE TO BE TAKEN, 
4157CAPITAL DOESN'T HAVE TO BE 
4158RAISED.
4159THE COST OF TITLE TWO TODAY MAY 
4160APPEAR AT LEAST TO SOME, BUT THE 
4161CONSUMERS AND INNOVATORS OF 
4162TOMORROW WILL PAY A SEVERE 
4163PRICE.
4164WHAT IS THE FCC DOING TODAY?
4165QUITE SIMPLY WE ARE RESTORING 
4166THE LIGHT TOUCH FRAMEWORK THAT 
4167IS GOVERNED THE INTERNET FOR 
4168MOST OF ITS EXISTENCE.
4169WE ARE MOVING FROM TITLE II TO 
4170TITLE I.
4171WONK YEAR CANNOT BE.
4172IT IS DIFFICULT TO IMAGINE THAT 
4173MUNDANE REALITY TO BE 
4174APOCALYPTIC RHETORIC WE'VE HEARD 
4175FROM TITLE II SUPPORTERS.
4176AS THE DEBATE GOES ON THE CLAIMS 
4177HAVE GOTTEN MORE AND MORE 
4178OUTLANDISH.
4179SO LET'S BE CLEAR.
4180RETURNING TO THE LEGAL FRAMEWORK 
4181THAT GOVERNS THE INTERNET 
4182PRESIDENT CLINTON'S 
4183PRONOUNCEMENT IN 1996 UNTIL 2015 
4184IS NOT GOING TO DESTROY THE 
4185INTERNET.
4186IT'S NOT GOING TO END TO THE 
4187INTERNET AS WE KNOW IT.
4188IT IS NOT GOING TO KILL 
4189DEMOCRACY.
4190NOT GOING TO STIFLE FREE 
4191EXPRESSION ONLINE.
4192STATING THESE PROPOSITIONS ALONE 
4193DOES NOT DEMONSTRATE THEIR 
4194ABSURDITY OR ARE INTERNET 
4195EXTREMES BEFORE 2015 AND OUR 
4196INTERNET EXPERIENCE TOMORROW 
4197ONCE THIS ORDER PASSES WILL 
4198PROVE THEM SO.
4199SIMPLY PUT, BY RETURNING TO THE 
4200LIGHT TOUCH TITLE I FRAMEWORK WE 
4201ARE HELPING CONSUMERS AND 
4202PROMOTING COMPETITION.
4203BROADBAND PROVIDERS WILL HAVE 
4204STRONGER INCENTIVES TO BUILD 
4205NETWORKS ESPECIALLY IN UNSERVED 
4206AREAS AND TO UPGRADE NETWORKS TO 
4207GIGABIT SPEEDS AND 5G.
4208WHICH MEANS THERE WILL BE MORE 
4209COMPETITION AMONG BROADBAND 
4210PROVIDERS.
4211IT ALSO MEANS MORE WAYS STARTUPS 
4212AND TECH GIANTS ALIKE CAN 
4213DELIVER APPLICATIONS AND CONTENT 
4214TO MORE USERS.
4215IN SHORT IT'S A FOUR-YEAR MORE 
4216OPEN INTERNET.
4217WE ALSO PROMOTE MUCH MORE ROBUST 
4218TRANSPARENCY AMONG ISPS THEN 
4219THREE YEARS AGO.
4220WE REQUIRE THEM TO DISCLOSE A 
4221VARIETY OF BUSINESS PRACTICES 
4222AND THE FAILURE TO DO SO 
4223SUBJECTS THEM TO ENFORCEMENT 
4224ACTION.
4225THIS TRANSPARENCY WORLD WILL 
4226ENSURE CONSUMERS KNOW WHAT THEY 
4227ARE BUYING AND STARTUPS GET THE 
4228INFORMATION THEY NEED AS THEY 
4229DEVELOP NEW PRODUCTS AND 
4230SERVICES.
4231MOREOVER WE EMPOWER THE FCC TO 
4232ENSURE CONSUMER AND COMPETITION 
4233IS PROTECTED.
4234TWO YEARS AGO THE ORDERS 
4235STRIPPED THE FTC OF JURISDICTION 
4236OVER BROADBAND PROVIDERS.
4237TODAY WE ARE PUTTING THE 
4238NATION'S PREMIER CONSUMER 
4239PROTECTION BACK ON THE BEACH.
4240THE FCC WILL ONCE AGAIN, HAVE 
4241THE AUTHORITY TO TAKE ACTION 
4242AGAINST INTERNET SERVICE 
4243PROVIDERS THAT ENGAGE IN ANY 
4244COMPETITIVE UNFAIR OR DECEPTIVE 
4245ACTS.
4246AS FTC CHAIRMAN RECENTLY SAID, 
4247"THE FTC'S ABILITY TO PROTECT 
4248CONSUMERS AND PROMOTE 
4249COMPETITION IN BROADBAND IS NOT 
4250SOMETHING NEW AND FAR-FETCHED.
4251WE HAVE A LONG-ESTABLISHED ROLE 
4252IN PRESERVING THE VALUES THAT 
4253CONSUMERS CARE ABOUT ONLINE."
4254AS PRESIDENT OBAMA'S FIRST FTC 
4255CHAIRMAN PUT IT JUST YESTERDAY, 
4256"THE PLAN TO RESTORE FTC 
4257JURISDICTION IS GOOD FOR 
4258CONSUMERS.
4259THE SKY IS NOT FALLING, 
4260CONSUMERS WILL REMAIN PROTECTED 
4261AND THE INTERNET WILL CONTINUE 
4262TO THRIVE.
4263"
4264LET'S BE CLEAR FOLLOWING TODAY'S 
4265VOTE AMERICANS WILL STILL BE 
4266ABLE TO ACCESS THE WEBSITES THEY 
4267WANT TO VISIT.
4268THEY WILL STILL BE ABLE TO ENJOY 
4269THE SERVICES THEY WANT TO ENJOY.
4270AND WILL STILL BE COPPS ON THE 
4271BEAT REGARDING A FREE AND OPEN 
4272INTERNET.
4273THE WAY THINGS WERE PRIOR TO 
42742015, THIS IS THE WAY THEY WILL 
4275BE ONCE AGAIN.
4276NOW OUR DECISION TODAY WILL ALSO 
4277RETURN REGULATORY PARITY TO THE 
4278INTERNET ECONOMY.
4279SOME SILICON VALLEY PLATFORM 
4280GIANTS FAVOR IMPOSING 
4281HEAVY-HANDED REGULATIONS ON 
4282OTHER PARTS OF THE INTERNET 
4283ECOSYSTEM.
4284BUT ALL TOO OFTEN THEY DON'T 
4285PRACTICE WHAT THEY PREACH.
4286EDGE PROVIDERS REGULARLY BLOCK 
4287CONTENT THEY DON'T LIKE.
4288WHEN YOU GO ONLINE, DO YOU 
4289DECIDE WHAT NEWS SEARCH RESULTS 
4290AND PRODUCTS YOU SEE?
4291PERHAPS NOT.
4292THEY REGULARLY DECIDE WHAT YOU 
4293SEE AND PERHAPS MORE 
4294IMPORTANTLY, WHAT YOU DON'T.
4295AND MANY THRIVE ON THE BUSINESS 
4296MODEL OF CHARGING TO PLACE 
4297CONTENT IN FRONT OF EYEBALLS.
4298WHAT ELSE IS ACCELERATED MOBILE 
4299PAGES OR PROMOTED TWEETS BUT 
4300PRIORITIZATION?
4301WHAT IS WORSE, THERE IS NO 
4302TRANSPARENCY INTO HOW DECISIONS 
4303THAT APPEAR INCONSISTENT WITH AN 
4304OPEN INTERNET ARE MADE.
4305HOW DOES A COMPANY DECIDE TO 
4306RESTRICT SOMEONE'S ACCOUNT OR 
4307BLOCK THEIR TWEETS BECAUSE IT 
4308THINKS THEIR VIEWS ARE 
4309INFLAMMATORY OR WRONG.
4310HOW DOES THE COMPANY DECIDE TO 
4311DE- MONETIZE VIDEOS FROM 
4312POLITICAL ADVOCATES WITHOUT ANY 
4313NOTICE OR ASK HOW DOES A COMPANY 
4314EXPRESSLY BLOCK ACCESS TO 
4315WEBSITES ON RIVAL DEVICES OR 
4316PREVENT DISSIDENT CONTENT FROM 
4317APPEARING ON ITS PLATFORM?
4318HOW DOES A COMPANY DECIDE TO 
4319BLOCK FROM ITS APP STORE A CIGAR 
4320AFICIONADO AT BECAUSE THE 
4321COMPANY BELIEVES THE APP 
4322PROMOTES TOBACCO USE.
4323YOU DON'T HAVE ANY INSIGHT INTO 
4324ANY OF THESE DECISIONS AND 
4325NEITHER DO I.
4326YET THESE ARE VERY REAL ACTUAL 
4327THREATS TO AN OPEN INTERNET.
4328IRONIC COMING FROM THE VERY 
4329ENTITIES THAT CLAIM TO SUPPORT, 
4330IRONIC THAT SO-CALLED NET 
4331NEUTRALITY ADVOCATES MOST 
4332VIGOROUSLY OPPOSED TO OUR 
4333REFORMS HAVE NOTHING TO SAY 
4334ABOUT THESE THREATS.
4335THESE ARE OMISSIONS, THESE ARE 
4336THREATS THAT A GROWING NUMBER OF 
4337OFFICIALS DEMOCRATS AND 
4338REPUBLICANS, HOUSE AND SENATE 
4339ARE BEGINNING TO TAKE NOTICE OF.
4340NOW LOOK, PERHAPS CERTAIN 
4341COMPANIES SUPPORT SETTLING BROAD 
4342HAND -- BROADBAND PROVIDERS WITH 
4343REGULATIONS BECAUSE THEY WORK 
4344FOR ECONOMIC ADVANTAGE.
4345I DON'T BLAME THEM FOR TAKING 
4346THAT POSITION AND I AM NOT 
4347SAYING THIS SAME ROLES SHOULD BE 
4348SLAPPED ON THEM.
4349WHAT I AM SAYING IS THAT IT IS 
4350NOT THE JOB OF THE GOVERNMENT TO 
4351BE IN THE BUSINESS OF PICKING 
4352WINNERS AND LOSERS IN THE 
4353INTERNET ECONOMY.
4354WE SHOULD HAVE A LEVEL PLAYING 
4355FIELD AND LET CONSUMERS DECIDE 
4356TO PREVAIL.
4357MANY WORDS HAVE BEEN SPOKEN THE 
4358DURING THE DEBATE AND THE TIME 
4359HAS COME FOR ACTION.
4360THE TIME FOR THE INTERNET ONCE 
4361AGAIN, TO BE DRIVEN BY 
4362ENGINEERS, ENTREPRENEURS AND 
4363CONSUMERS, RATHER THAN LAWYERS, 
4364ACCOUNTANTS AND BUREAUCRATS.
4365TIME FOR US TO BRING FASTER 
4366BETTER AND CHEAPER AND INTERNET 
4367ACCESS TO ALL AMERICANS.
4368IT IS TIME FOR US TO RETURN TO 
4369THE BIPARTISAN REGULATORY 
4370FRAMEWORK UNDER WHICH THE 
4371INTERNET FLOURISHED PRIOR TO 
43722015.
4373IT IS TIME FOR US TO RESTORE 
4374INTERNET FREEDOM.
4375I WANT TO EXTEND MY DEEPEST 
4376GRATITUDE TO STAFF WHO HAVE 
4377WORKED SO MANY LONG HOURS ON 
4378THIS ITEM FROM THE WIRELINE 
4379COMPETITION BUREAU, JOE, MEGAN, 
4380PAULA, NATHAN, MADELEINE, DOUG, 
4381DAN, GAIL, SUSAN, KEN, KRIS 
4382MONTEITH, ERIC, DEBORAH, JANE 
4383TAYLOR.
4384FROM THE OFFICE OF GENERAL 
4385COUNSEL ASHLEY, JIM, CHRISTINE, 
4386TOM JOHNSON, DOUG KLEIN, MARCUS, 
4387SCOTT, LINDA, AND BILL 
4388RICHARDSON.
4389FROM THE WIRELESS 
4390TELECOMMUNICATIONS BUREAU STACY, 
4391BETSY, JIMMY,, RON, PETER AND 
4392OTHERS.
4393FROM THE OFFICE OF POLICY 
4394ANALYSIS ERIC, JERRY, FROM THE 
4395CONSUMER AND GOVERNMENTAL 
4396AFFAIRS BUREAU, FROM THE PUBLIC 
4397SAFETY AND HOMELAND SECURITY 
4398BEAR AND THE MEDIA BUREAU TRACY.
4399WITH THAT WE WILL CALL THE VOTE.
4400COMMISSIONER CLYBURN 
4401COMMISSIONER CLYBURN.
4402COMMISSIONER O'RIELLY.
4403COMMISSIONER ROSENWORCEL THE 
4404CHAIR VOTES I.
4405ITEM IS ADOPTED.
4406THANKS TO THE STAFF FOR YOUR 
4407COLLECTIVE WORK ON THIS ITEM.
4408MADAM SECRETARY COULD YOU PLEASE 
4409ANNOUNCE THE NEXT ITEM ON 
4410TODAY'S AGENDA.
4411>> MR. CHAIRMAN AND 
4412COMMISSIONER'S THE NEXT ITEM 
4413WILL BE PRESENTED BY THE 
4414WIRELESS TELECOMMUNICATIONS 
4415BUREAU ENTITLED AMENDMENT TO 
4416HARMONIZE AND STREAMLINE PART 20 
4417OF THE COMMISSION'S RULES 
4418CONCERNING REQUIREMENT FOR 
4419LICENSEES TO OVERCOME A CMRS 
4420PRESUMPTION.
4421DONALD STOCKDALE CHIEF OF THE 
4422BUREAU WILL GIVE THE 
4423INTRODUCTION.
4424>>CHAIRMAN PAI:  THANK YOU, 
4425MADAM SECRETARY.
4426MR. STOCKDALE, THE FLOOR IS 
4427YOURS.
4428>>COMMISSIONER CLYBURN:  
4429MR. CHAIRMAN CAN I INTERRUPT?
4430I WANT TO KNOW IF HIS PHONE IS 
4431OFF.
4432>> I DID TURN IT OFF.
4433[LAUGHING]
4434>> MR. CHAIRMAN COMMISSIONERS 
4435I'M PLEASED TO PRESENT YOU THE 
4436CMRS PRESUMPTION REPORT AND 
4437ORDER.
4438I'M JOINED AT THE TABLE TODAY BY 
4439SUSAN, ROGER NOEL, KATHY HARRIS, 
4440TOM REED AND
4441 JESSICA GREFFENIUS.
4442IN ADDITION TO STAFF AT THE 
4443TABLE I WOULD LIKE TO THANK THE 
4444STAFF LISTED ON THE SLIDE FOR 
4445THEIR INPUT.
4446TOM REED WILL NOW PRESENT THE 
4447ITEM.
4448>> GOOD AFTERNOON MR. CHAIRMAN 
4449COMMISSIONERS.
4450WE PRESENT TO YOU TODAY A REPORT 
4451AND ORDER THAT UPDATES AND 
4452HARMONIZES REGULATIONS REGARDING 
4453CLASSIFICATIONS OF COMMERCIAL 
4454MOBILE RADIO SERVICES PRIMARILY 
4455BY ELIMINATING SECTION 20.7 AND 
445620.9 OF THE COMMISSION'S RULES.
4457THESE RULES CLASSIFY OR PRESUME 
4458CERTAIN SERVICES FOR COMMERCIAL 
4459MOBILE RADIO SERVICES OR CMRS OR 
4460PRIVATE MOBILE RADIO SERVICES 
4461BASED ON BAND USED TO PROVIDE 
4462SERVICE RATHER THAN ON THE 
4463CHARACTERISTICS FOR THE SERVICE 
4464PROVIDER.
4465THAT APPROACH IS PREMISED ON 
4466PARADIGMS DEVELOPED MORE THAN 20 
4467YEARS AGO WHEN THE RULES 
4468CONTEMPLATED DISTINCT WIRELESS 
4469TO SERVICES IN EACH BAND.
4470INCONSISTENT HOWEVER, WITH THE 
4471COMMISSION'S CURRENT FLEXIBLE 
4472APPROACH TO LICENSING WHICH 
4473GENERALLY PERMITS A LICENSEE TO 
4474PROVIDE SERVICES SUBJECT TO 
4475TECHNICAL RULES FOR THAT BAND.
4476THIS REPORT AND ORDER WILL 
4477REMOVE PRESUMPTIONS ABOUT 
4478WHETHER MOBILE SERVICES ARE 
4479REGULATED AS COMMERCIAL OR 
4480PRIVATE AND ALLOWED LICENSEES TO 
4481RELY ON THE STATUTORY 
4482DEFINITIONS OF TERMS TO IDENTIFY 
4483THE NATURE AND REGULATORY 
4484TREATMENT OF MOBILE SERVICES 
4485CONSISTENT WITH APPLICABLE 
4486SERVICE RULES.
4487ELIMINATING 24/7 AND 20.9 WILL 
4488REDUCE DISPARATE REGULATORY 
4489TREATMENT OF SIMILAR SERVICES 
4490AND FREQUENCY BANDS AND ALLOWED 
4491LICENSEES TO OFFER A VARIETY OF 
4492SERVICES RAPIDLY IN RESPONSE TO 
4493CONSUMER DEMAND AND COMPETITIVE 
4494FORCES AND HELP BRING BENEFICIAL 
4495SERVICES TO BUSINESSES AND STATE 
4496AND LOCAL GOVERNMENTS AND THE 
4497PUBLIC SAFETY COMMUNITY WHILE 
4498REDUCING ADMINISTRATIVE BURDEN 
4499AND PROCESSING DELAYS THAT 
4500CERTAIN PROVIDERS CURRENTLY 
4501FACE.
4502THE WIRELESS TELECOMMUNICATIONS 
4503BUREAU RECOMMENDS ADOPTION OF 
4504THIS ITEM AND REQUEST EDITORIAL 
4505PRIVILEGES TO MAKE TECHNICAL OR 
4506CONFORMING EDITS.
4507THANK YOU.
4508>>CHAIRMAN PAI:  THANK YOU FOR 
4509THAT COMPELLING PRESENTATION.
4510COMMENTS FROM THE BENCH 
4511BEGINNING WITH COMMISSIONER 
4512CLYBURN.
4513>>COMMISSIONER CLYBURN:  WHAT 
4514I'M ABOUT TO SAY IS REINFORCING 
4515THE LOOK.
4516IT'S THE TOPIC OF PART 20 OF THE 
4517COMMISSION RULES WERE INTRODUCED 
4518AT THE AVERAGE AMERICAN DINNER 
4519TABLE IT MIGHT GO OVER AS WELL 
4520AS SERVING OF ROCKY MOUNTAIN 
4521OYSTERS.
4522NEITHER WOULD BE WARMLY RECEIVED 
4523AT MY HOME.
4524>>CHAIRMAN PAI:  THAT'S JUST 
4525WRONG.
4526[LAUGHING]
4527EVEN WE HAVE LIMITS HERE 
4528COMMISSIONER.
4529[LAUGHING]
4530>>COMMISSIONER CLYBURN:  OKAY.
4531THE CHANGES PROPOSED IN THIS 
4532ORDER COUPLED WITH THE 
4533MAJORITY'S DISMANTLING OF THE 
4534OPEN INTERNET HAVE MANY UNSAVORY 
4535IMPLICATIONS FOR THE FUTURE OF 
4536COMPETITION POLICY.
4537HE WONDERED HOW I WOULD TIE THAT 
4538IN RIDE.
4539AND I MADE CLEAR IN MY 
4540STATEMENTS AND PROCESSING THE 
4541ROLLBACK OF OUR OPEN INTERNET 
4542RULES I BELIEVE THE PROPER 
4543INTERPRETATION OF SECTION 332 OF 
4544THE COMMUNICATIONS ACT IS THAT 
4545MOBILE BROADBAND INTERNET ACCESS 
4546SERVICE SHOULD BE CLASSIFIED AS 
4547A COMMERCIAL MOBILE RADIO 
4548SERVICE OR CMRS, NOT A PRIVATE 
4549MOBILE RADIO SERVICE.
4550ELIMINATING OUR CURRENT PART 20 
4551RULES MEANS WE WILL REMOVE 
4552PRECEDENTS AND PROCEDURES THAT 
4553COULD HELP PARTIES DEMONSTRATE 
4554THAT A WIRELESS COMPANY'S MOBILE 
4555BROADBAND SERVICE SHOULD BE 
4556CLASSIFIED AS CMRS.
4557I UNDERSTAND THAT SOME MAY SEE 
4558THIS AS A MERE STREAMLINING OF 
4559COMMISSION RULES, BUT IN MY 
4560OPINION THIS ORDER REMOVES 
4561IMPORTANT PROCEDURAL SAFEGUARDS 
4562SUCH AS REQUIRING THE COMMISSION 
4563TO PUT CERTAIN APPLICATIONS OUT 
4564ON PUBLIC NOTICE WHICH CAN HELP 
4565INFORM PARTIES WHO ARE 
4566INTERESTED IN CHALLENGING A 
4567COMPANY CLAIM THAT IT'S MOBILE 
4568BROADBAND INTERNET ACCESS 
4569SERVICES SHOULD BE CLASSIFIED AS 
4570A PRIVATE MOBILE RADIO SERVICE.
4571SINCE THAT RESULT IS 
4572INCONSISTENT WITH MY VIEW OF 
4573PROPER CLASSIFICATION FOR MOBILE 
4574BROADBAND SERVICES, I 
4575RESPECTFULLY DISSENT FROM THE 
4576ORDER AND WILL ADMIT MY FIRST 
4577EXAMPLE MIGHT HAVE BEEN A LITTLE 
4578EDGY.
4579[LAUGHING]
4580THANK YOU.
4581>>CHAIRMAN PAI:  THANK YOU, 
4582COMMISSIONER CLYBURN.
4583COMMISSIONER O'RIELLY.
4584>>COMMISSIONER O'RIELLY:  THANK 
4585YOU FOR THE STUFF OF THEIR WORK.
4586NO STATEMENT.
4587>>CHAIRMAN PAI:  COMMISSIONER 
4588CARR.
4589>>COMMISSIONER CARR:  THE FCC'S 
4590DECISION TO EMBRACE A FLEXIBLE 
4591USE SPECTRUM MANDATE -- CHOKED 
4592UP ON THIS ONE.
4593INSTEAD OF MANDATING THAT A 
4594PARTICULAR SECTOR BAND BE USED 
4595WITH A SPECIFIC TYPE OF WIRELESS 
4596TECHNOLOGY OR SERVICE WOULD 
4597GENERALLY LEAVE THAT CHOICE OF 
4598HIGH SECTOR, WHICH HAS A MUCH 
4599BETTER SENSE OF CONSUMER DEMAND.
4600THIS APPROACH ENABLED WIRELESS 
4601NETWORKS IN THE U.S. TO EVOLVE 
4602WITH TECHNOLOGY AND DO SO MUCH 
4603MORE QUICKLY THAN IF OPERATORS 
4604HAD TO OBTAIN GOVERNMENT SIDE 
4605OFF EACH STEP OF THE WAY PICARD 
4606LEADERSHIP IN 4G IS ONE EXAMPLE 
4607OF HOW THIS POLICY HAS WORKED 
4608FOR CONSUMERS.
4609TODAY WE CARRY THAT APPROACH 
4610FORWARD BY ELIMINATING 
461120-YEAR-OLD RULES THAT REFLECT A 
4612DIFFERENT APPROACH TO SPECTRUM.
4613ONE THAT REQUIRED PROVIDERS 
4614OPERATING PARTICULAR BANDS TO 
4615OBTAIN FCC PERMISSION BEFORE 
4616INNOVATING OR BRINGING CERTAIN 
4617SERVICES TO THE MARKET.
4618THIS CHANGE WILL NOT ONLY HELP 
4619LEVEL THE REGULATORY PLAYING 
4620FIELD FOR WIRELESS PROVIDERS, 
4621BUT ALSO RESULT IN MORE TIMELY 
4622AND EFFICIENT USE OF SPECTRUM.
4623THE FLEXIBILITY WE PROVIDE TODAY 
4624WILL BE PARTICULARLY IMPORTANT 
4625AS WE EXTEND OUR GLOBAL 
4626LEADERSHIP IN WIRELESS AS 5G AND 
4627INTERNET OF THINGS OFFERINGS 
4628CONTINUE TO COME ONLINE.
4629I SUPPORT THE ORDER AND HOPE WE 
4630CAN CONTINUE THE AGENCY EFFORTS 
4631TO IDENTIFY AND ELIMINATE 
4632OUTDATED UNNECESSARY REGULATORY 
4633BURDENS.
4634>>CHAIRMAN PAI:  THANK YOU.
4635COMMISSIONER ROSENWORCEL.
4636>>COMMISSIONER ROSENWORCEL:  IN 
4637THE INTEREST OF MOVING THIS 
4638ALONG I WILL SAY I SUPPORT 
4639TODAY'S DECISION.
4640IT DOES NOT IN ANY WAY ALTER THE 
4641STATUTORY DEFINITION OF CMRS OR 
4642PMRS NOR DOES IT AFFECT THE 
4643UNDERLYING REGULATORY 
4644REGULATIONS ASSOCIATE WITH THE 
4645SERVICE THAT'S LIGHT HAS MY FULL 
4646SUPPORT.
4647>>CHAIRMAN PAI:  THANK YOU, 
4648COMMISSIONER.
4649I TO SUPPORT THE ITEM.
4650THIS IS AS COMMON SENSE AND GOOD 
4651GOVERNMENT MEASURE AS YOU WILL 
4652FIND AND FINALIZES THE PROPOSALS 
4653WE INANIMATE SLEEP CONDUCTED 
4654LAST YEAR.
4655SO I WANT TO THANK THE STAFF FOR 
4656THEIR WORK TO HELP US MODERNIZE 
4657THESE RULES TO GET TO THIS POINT 
4658IN PARTICULAR JEFF, KATHY 
4659HARRIS, ROGER, TOM REED, 
4660JENNIFER, PETER FROM THE 
4661WIRELESS TELECOMMUNICATIONS 
4662BUREAU, JENNIFER AND CARL FROM 
4663THE INTERNATIONAL BUREAU, JIM 
4664BRADSHAW FROM THE MEDIA BUREAU, 
4665CHRISTINE FROM THE W WIRELINE 
4666COMPETITION BUREAU.
4667THE OFFICE OF COMMUNICATION 
4668BUSINESS OPPORTUNITY AND DAVID 
4669HORWITZ FROM THE OFFICE OF 
4670GENERAL COUNSEL.
4671WE PROCEED TO VOTE ON THE ITEM.
4672COMMISSIONER CLYBURN 
4673COMMISSIONER O'RIELLY.
4674COMMISSIONER CARR.
4675COMMISSIONER ROSENWORCEL.
4676CHAIR VOTES I AS WELL.
4677ITEM ADOPTED AND EDITORIAL 
4678PRIVILEGE GRANTED.
4679MADAM SECRETARY PLEASE TAKE US 
4680TO THE NEXT ITEM.
4681>> THE SIXTH ITEM ON YOUR AGENDA 
4682WILL BE SUBMITTED BY THE MEDIA 
4683BUREAU ENTITLED ELECTRONIC 
4684DELIVERY OF CABLE AND SATELLITE 
4685COMMUNICATIONS.
4686MODERNIZATION OF MEDIA 
4687REGULATION INITIATIVES.
4688MICHELLE CAREY, CHIEF OF THE 
4689BARREL WILL GIVE THE 
4690INTRODUCTION.
4691>>CHAIRMAN PAI:  THANK YOU.
4692WHENEVER YOUR TEAM IS READY, GO 
4693FOR IT.
4694>> GOOD AFTERNOON CHAIRMAN AND 
4695COMMISSIONER'S.
4696AS PART OF OUR MODERNIZATION AND 
4697MEDIA RELATE ACTION INITIATIVES 
4698WE PRESENT A PROPOSED RULEMAKING 
4699THAT ADDRESSES WAYS TO MODERNIZE 
4700THE RULES WHICH REQUIRE 
4701MULTICHANNEL VIDEO PROGRAMMING 
4702DISTRIBUTORS TO PROVIDE WRITTEN 
4703NOTIFICATION TO SUBSCRIBERS.
4704AS WELL AS RULES THAT REQUIRE 
4705BROADCAST TELEVISION STATIONS TO 
4706BE CERTIFIED MAIL.
4707JOINING METHOD PAID OUR MARTHA 
4708HELLER AND MARIA MULLARKEY.
4709MARTHA WILL PRESENT THE ITEM.
4710>> I'M PLEASED TO PRESENT THIS 
4711NOTICE OF PROPOSED RULEMAKING 
4712THAT PROPOSES TO MODERNIZE RULES 
4713THAT REQUIRE MULTI CHANNEL VIDEO 
4714PROGRAMMING DISTRIBUTORS TO 
4715PROVIDE INFORMATION TO THEIR 
4716SUBSCRIBERS ABOUT TOPICS AND 
4717WAYS THAT WOULD BETTER COMPORT 
4718WITH TODAY'S TECHNOLOGY AND 
4719WOULD BE MORE CONVENIENT FOR 
4720SUBSCRIBERS AND LESS BURDENSOME 
4721FOR SUCH ENTITIES.
4722THE NOTICE PROPOSES TO ADOPT A 
4723RULE THAT WOULD ALLOW CABLE 
4724OPERATORS TO DELIVER VARIOUS 
4725TYPES OF GENERAL WRITTEN 
4726COMMUNICATIONS TO SUBSCRIBERS BY 
4727E-MAIL SUBJECT TO CERTAIN 
4728CONSUMER SAFEGUARDS.
4729THEY NOTICE TENTATIVELY 
4730CONCLUDES CABLE OPERATORS MUST 
4731HAVE VERIFIED E-MAIL CONTACT 
4732INFORMATION IF THEY CHOOSE TO 
4733DELIVER THE NOTIFICATION TO 
4734SUBSCRIBERS VIA E-MAIL.
4735FOR CERTAIN NOTICES THE 
4736TENTATIVELY CONCLUDE THAT CABLE 
4737OPERATORS MUST PROVIDE A 
4738RECOGNIZE HIM FOR SUBSCRIBERS TO 
4739OPT OUT OF E-MAIL DELIVERY 
4740CONTINUE TO RECEIVE PAPER 
4741NOTICES.
4742FOR NOTICES PERTAINING TO RATE 
4743AND SERVICE CHANGES AMONG OTHER 
4744THINGS THEY NOTICE SEEKS COMMENT 
4745ON WHETHER SUBSCRIBERS SHOULD 
4746HAVE TO OPT IN OR OPT OUT TO 
4747RECEIVE SUCH NOTICES 
4748ELECTRONICALLY.
4749THE NOTICE ALSO PROPOSES TO 
4750ADOPT A RULE SPECIFYING THAT THE 
4751PRIVACY NOTIFICATIONS THAT 
4752CABLE, SATELLITE AND OPEN VIDEO 
4753SYSTEM PROVIDERS ARE STATUTORILY 
4754REQUIRED TO PROVIDE TO 
4755SUBSCRIBERS MAY BE DELIVERED VIA 
4756E-MAIL SUBJECT TO CONSUMER 
4757SAFEGUARDS.
4758THE NOTICE ALSO SEEKS COMMENT ON 
4759WHETHER CABLE OPERATORS SHOULD 
4760BE PERMITTED TO PROVIDE CERTAIN 
4761ANNUAL SUBSCRIBER NOTICES AND 
4762INFORMATION ON BASIC 
4763AVAILABILITY BY POSTING WRITTEN 
4764MATERIAL ON THE CABLE OPERATOR 
4765WEBSITE.
4766IN ADDITION, THE NOTICE PROPOSES 
4767TO ALLOW CABLE OPERATORS TO 
4768RESPOND TO CONSUMER REQUESTS OR 
4769BILLING TO LATE -- DISPUTES IF 
4770THEY MAKE THE COMPLAINT OR IF 
4771THE CONSUMER SPECIFIES HIS 
4772E-MAIL AS THE PREFERRED DELIVERY 
4773METHOD IN THE REQUEST OR 
4774COMPLAINT.
4775THEY NOTICE SEEKS COMMENT ON 
4776OTHER PROPOSALS TO UPDATE 
4777SECTION 76.1621 AND 76.1622 OF 
4778THE RULES WHICH REQUIRE NOTICE 
4779OF EQUIPMENT COMPATIBILITY 
4780ISSUES IN LIGHT OF TECHNOLOGICAL 
4781ADVANTAGES AND MARKET CHANGES TO 
4782THE CABLE INDUSTRY.
4783FINALLY, THE NOTICE SEEKS 
4784COMMENT ON HOW TO UPDATE THE 
4785REQUIREMENT THAT BROADCAST 
4786TELEVISION STATIONS CARRIAGE 
4787ELECTION NOTICES VIA CERTIFIED 
4788MAIL EVERY THREE YEARS TO EACH 
4789CABLE SYSTEM OUR SATELLITE 
4790CARRIER SERVING THE MARKET.
4791IT ASKED WHAT ALTERNATIVE MEANS 
4792OF SERVING ELECTION NOTICES 
4793WOULD MEET THE NEED OF 
4794BROADCASTERS AND MVPD SUCH AS 
4795EXPRESS DELIVERY SERVICE OR 
4796E-MAIL.
4797THE NPRM SEEKS COMMENT ON 
4798WHETHER TO REPLACE THE 
4799REQUIREMENT TO SEND ELECTION 
4800NOTICES BY CERTIFIED MAIL WITH A 
4801MECHANISM FOR PROVIDING CARRIAGE 
4802ELECTION ONLINE.
4803THE MEDIA BUREAU RECOMMENDS THE 
4804COMMISSION ADOPT THE NOTICE OF 
4805PROPOSED RULEMAKING AND REQUEST 
4806EDITORIAL PRIVILEGES TO MAKE ANY 
4807NECESSARY TECHNICAL OR 
4808CONFORMING EDITS.
4809THANK YOU.
4810>>CHAIRMAN PAI:  THANK YOU FOR 
4811THE PRESENTATION.
4812COMMENTS FROM THE BENCH.
4813COMMISSIONER CLYBURN.
4814>>COMMISSIONER CLYBURN:  HAVE 
4815YOU EVER FELT YOU NEED TO GET A 
4816AN ADVANCED DEGREE TO COME CLOSE 
4817TO INTERPRETING YOUR MONTHLY 
4818CABLE BILL?
4819BETWEEN ANNUAL PRICE HIKES, 
4820LINEUP CHANGES AND MYSTERIOUSLY 
4821LABELED FEES, REST ASSURED YOU 
4822ARE NOT ALONE IN YOUR 
4823FRUSTRATION.
4824ACCORDING TO ONE ANALYST, 
4825BETWEEN 2011-14, THE AVERAGE 
4826CABLE BILL INCREASED NEARLY 
4827EIGHT TIMES THE RATE OF 
4828INFLATION.
4829COMPOUNDING THIS IS THE 
4830INCREASING USE OF BELOW THE LINE 
4831FEES, A STRATEGY THAT THE FCC 
483218TH ANNUAL VIDEO COMPETITION 
4833REPORT DESCRIBED AS RAISING 
4834MONTHLY BILLS WHILE TYPICALLY 
4835LEAVING THE ADVERTISED PRICES 
4836FOR VIDEO PACKAGES UNCHANGED.
4837LET'S BE HONEST, THERE ARE SOME 
4838PROVIDERS THAT STAND TO BENEFIT 
4839FROM A STATE OF CONFUSION, WHICH 
4840IS WHY THE COMMISSION'S RULES 
4841REQUIRE THEM TO NOTIFY CUSTOMERS 
4842IN WRITING OF SPECIFIC 
4843INFORMATION INCLUDING RATE AND 
4844SERVICE CHANGES, CHANGES FOR 
4845CUSTOMER -- CHARGES FOR CUSTOMER 
4846SERVICE CHANGES AND BASIC PEER 
4847AVAILABILITY.
4848IN A WORLD IN WHICH MANY 
4849CONSUMERS PREFER TO RECEIVE 
4850THEIR MONTHLY BILL 
4851ELECTRONICALLY, IT IS REASONABLE 
4852FOR US TO CONSIDER WHETHER OUR 
4853RULES SHOULD BE MODERNIZE TO 
4854ALLOW THE USE CURRENTLY REQUIRED 
4855WRITTEN NOTIFICATIONS TO BE 
4856DELIVERED IN THE SAME MANNER IN 
4857WHICH THE BILL IS RECEIVED BY 
4858THE CUSTOMER.
4859WHAT I FEAR HOWEVER, IS THAT IF 
4860PROVIDERS ARE ALLOWED TO SWITCH 
4861THE MODE BY WHICH THIS 
4862INFORMATION IS DELIVERED WITHOUT 
4863THE CONSUMER'S CONSENT, IT WOULD 
4864GIVE THE PROVIDER ANOTHER WAY TO 
4865MASK PRICE INCREASES AND SERVICE 
4866CHANGES.
4867IT IS ESSENTIAL THAT CONSUMERS, 
4868NOT THE COMPANIES PROVIDING THE 
4869SERVICE THAT THE CONSUMERS ARE 
4870EMPOWERED WITH THE CHOICE OF HOW 
4871TO MAKE THESE -- A CHOICE OF HOW 
4872THESE NOTIFICATIONS ARE 
4873DELIVERED PARTICULARLY WHEN IT 
4874COMES TO HOW MUCH THEY WILL PAY 
4875FOR MONTHLY SERVICE.
4876AS ORIGINALLY CIRCULATED, THE 
4877CHAIRMAN'S PROPOSALS WOULD HAVE 
4878ALLOWED COMPANIES TO SLOWLY MAKE 
4879THIS DECISION ON BEHALF OF THEIR 
4880CUSTOMERS.
4881AND I FOUND THAT TROUBLING.
4882SO I AM PLEASED MY COLLEAGUES 
4883HAVE AGREED TO SCALE THIS 
4884SECTION BACK BY SEEKING COMMENT 
4885ON WHETHER THE MOVE TO 
4886ELECTRONIC NOTIFICATION SHOULD 
4887BE DONE ON AN OPT IN BASIS BY 
4888THE CONSUMER.
4889AS WE SEEK TO MODERNIZE THE 
4890DELIVERY OF CABLE 
4891COMMUNICATIONS, WE MUST ENSURE 
4892THAT IT IS DONE IN A WAY THAT 
4893PUTS CONSUMERS FIRST.
4894MY THANKS TO MY COLLEAGUES AND 
4895THE MEDIA BUREAU STAFF FOR YOUR 
4896WORK ON THIS ITEM.
4897>>CHAIRMAN PAI:  THANK YOU, 
4898COMMISSIONER LEBRON.
4899COMMISSIONER O'RIELLY.
4900>>COMMISSIONER O'RIELLY:  THANK 
4901YOU, MR. CHAIRMAN.
4902IT'S TIME THE RULES REFLECT THAT 
4903DESIRE FOR INFORMATION IS 
4904DIGITAL.
4905THERE ARE OCCASIONS WHEN 
4906E-MAILING A CONSUMER IS MORE 
4907APPROPRIATE AND REFLECTIVE OF 
4908HOW THE PUBLIC COMMUNICATES THEN 
4909USING ANTIQUATED POSTAL SERVICE.
4910THIS ITEM CONCLUDES THAT VARIOUS 
4911REQUIREMENTS ON CABLE OPERATORS 
4912TO PROVIDE GENERIC WRITTEN 
4913COMMUNICATIONS TO SUBSCRIBERS 
4914CAN BE INTERPRETED TO INCLUDE 
4915ELECTRONIC DELIVERY.
4916WHEN IT COMES TO ANNUAL NOTICES 
4917RATHER THAN HAVING THE OPTION OF 
4918DELIVERING BY MAIL OR ELECTRONIC 
4919MEANS I SUPPORT ALLOWING 
4920COMPANIES TO POST THE LINKS ON 
4921THEIR WEBSITE FOR THE CONSUMER 
4922WHO WANTS THE INFORMATION, THIS 
4923IS THE LOGICAL PLACE TO FIND IT.
4924FOR THE CONSUMER THAT DOES NOT 
4925WHY CLUTTER THERE E-MAIL BOX OR 
4926INBOX.
4927THIS CONSIDERS WHAT STEPS WILL 
4928BE NEEDED TO PERMIT ELECTRONIC 
4929DELIVERY OF ANNUAL NOTICES VIA 
4930OTHER MEANS REASONABLY TESTED TO 
4931REACH THE INDIVIDUAL CONSUMER.
4932I HOPE AS WE MOVE FORWARD WITH 
4933THE FINAL ORDER THE APPROACH 
4934WILL BE PERMITTED.
4935FINALLY, I WAS PLEASED TO SEE 
4936THE COMMISSION CONSIDER REVISING 
4937RULES ON BROADCAST CARRIAGE 
4938ELECTION NOTIFICATION.
4939I TEEING FOR CHAIR FOR ACCEPTING 
4940MY EDIT TO BOLSTER THE SECTION 
4941AND HOPE WE CAN QUICKLY MOVE TO 
4942FINAL ORDER ON THE TOPIC AS 
4943WELL.
4944THE TREE -- RETRANSMISSION 
4945PROCESS IS CONTENTIOUS ENOUGH 
4946WITHOUT FIGHTING OVER WHETHER 
4947DOCUMENTS WERE APPROPRIATELY 
4948MAILED.
4949FOR THESE REASONS I SUPPORT 
4950TODAY'S ITEM.
4951NEXT YEAR I TRUST WE CAN MOVE TO 
4952FINAL ORDERS ON THE TOPICS TEED 
4953UP AND CONTINUE CLEARING OUT THE 
4954UNDERBRUSH AND ALSO EAGER TO 
4955BEGIN LOOKING AT SOME OF THESE 
4956SUBSTANTIVE IDEAS PROPOSED IN 
4957THE RECORD.
4958OVER ALL THE MEAT OF 
4959MODERNIZATION PROCEEDING SHED 
4960LIGHT ON A NUMBER OF BURDENS 
4961THAT HAVE OUTLIVED THEIR 
4962USEFULNESS AND I.T. INC. THE 
4963CHAIRMAN FOR HIS ATTENTION TO 
4964THE TOPIC.
4965>>CHAIRMAN PAI:  THANK YOU.
4966COMMISSIONER CARR.
4967>>COMMISSIONER CARR:  THIS YEAR 
4968THE FCC HAS MADE STRIDE IN 
4969REDUCING UNNECESSARY PAPERWORK 
4970BURDENS.
4971THIS EFFORT HAS BEEN 
4972PARTICULARLY WELCOME WHEN IT 
4973COMES TO THE FCC MEDIA 
4974REGULATIONS WHICH HAVE 
4975LANGUISHED WITHOUT UPDATES FOR 
4976FAR TOO LONG.
4977THE FCC'S PART 76 RULES FOR 
4978INSTANCE, WHICH WE TEE UP IN 
4979TODAY'S NOTICE OF PROPOSED 
4980RULEMAKING.
4981THESE RULES REGULATE CABLE 
4982OPERATORS COMMUNICATIONS WITH 
4983SUBSCRIBERS BUT THOSE ROLES WERE 
4984STUCK IN THE SNAIL MAIL ERA 
4985REQUIRE PROVIDERS TO SEND 
4986WRITTEN NOTICES TO CONSUMERS 
4987EVEN WHEN E-MAIL IS MORE 
4988EFFICIENT AND COST-EFFECTIVE 
4989MEANS AND ONE CONSUMERS PREFER.
4990ALLOWING CABLE OPERATORS TO 
4991COMMUNICATE WITH SUBSCRIBERS 
4992ELECTRONICALLY IS LONG OVERDUE 
4993SO I SUPPORT TODAY'S NOTICE.
4994IT CONTAINS COMMONSENSE 
4995PROPOSALS TO DECREASE PAPERWORK 
4996BURDEN ESPECIALLY FOR SMALLER 
4997PROVIDERS WHILE ENSURING 
4998CONSUMERS RECEIVE INFORMATION IN 
4999A WAY THEY FIND MOST HELPFUL.
5000I WANT TO TEE INC. THE MEDIA 
5001BUREAU FOR THEIR WORK ON THE 
5002ITEM.
5003>>CHAIRMAN PAI:  THANK YOU.
5004COMMISSIONER ROSENWORCEL.
5005>>COMMISSIONER ROSENWORCEL:  ON 
5006THIS I HAVE A BIAS.
5007I HAVE PAPER BILLS ALL THE TIME 
5008SO THE PROSPECT TO MAKE THEM 
5009AVAILABLE ELECTRONICALLY IS IN 
5010TIME THING.
5011THIS ITEM HAS MY FULL SUPPORT 
5012BOTH PERSONALLY AND 
5013PROFESSIONALLY.
5014>>CHAIRMAN PAI:  THANK YOU, 
5015COMMISSIONER.
5016IN THE DIGITAL AGE MANY OF US 
5017REMAIN TOO FAMILIAR WITH PAPER.
5018ONE EXAMPLE THE EXTRA SHEETS OF 
5019PAPER THAT ARE STUCK IN THE 
5020ENVELOPE WITH THE BILLS FOR 
5021PARTICULAR SERVICE.
5022OTHER THAN THOSE WHO STRUGGLE TO 
5023DECIPHER THEM MOST CONSUMERS 
5024IGNORE THEM.
5025AND THESE DAYS WE TEND TO PREFER 
5026ELECTRONIC COMMUNICATIONS.
5027THE FCC SHARES THAT PREFERENCE.
5028WE ARE WORKING TO REDUCE OUR OWN 
5029USE OF PAPER AND AIMING TO 
5030MODERNIZE RULES THAT 
5031UNNECESSARILY REQUIRE PRIVATE 
5032SECTOR TO STUFF PAPER IN YOUR 
5033MAILBOX.
5034THIS NOTICE IS ANOTHER STEP DOWN 
5035THAT PATH.
5036WE ARE PROPOSING TO TAKE THE 
5037CONSUMER FRIENDLY STEP TWO ALLOW 
5038NOTICES TO SUBSCRIBERS TO BE 
5039SENT ELECTRONICALLY.
5040IF IT'S FINALIZED THE PROPOSAL 
5041COULD ALLOW CONSUMERS TO MORE 
5042READILY ACCESS INFORMATION ABOUT 
5043SERVICES IN A FORM THEY FIND 
5044CONVENIENT.
5045AND IT WOULD GET RID OF A LOT OF 
5046ENVIRONMENTAL WASTE AND REDUCE 
5047COSTS.
5048THERE'S A SIMILAR ISSUE LURKING 
5049ABOUT IN ONE OF OUR RULES AND WE 
5050SEEK PUBLIC INPUT ON THAT.
5051TODAY BROADCAST TELEVISION 
5052STATIONS HAVE TO SEND MVPD 
5053NOTICES SAYING IF THEY ARE 
5054OPTING FOR MUST-CARRY OR 
5055RETRANSMISSION CONSENT IT'S A 
5056SEPARATE ELECTION NOTICE FOR 
5057EACH CABLE SYSTEM OUR SATELLITE 
5058CARRIER INDIVIDUAL BY CERTIFIED 
5059MAIL.
5060THIS DOESN'T SEEM TO BE AS 
5061EFFICIENT OR NECESSARY AS IT 
5062COULD BE SO WE ARE LOOKING HOW 
5063TO STREAMLINE THIS NOTICE 
5064REQUIREMENT WHILE STILL ENSURING 
5065THAT MVPD GET THE INFORMATION 
5066THEY NEED.
5067I ALONG WITH MY COLLEAGUES WOULD 
5068LIKE TO THANK STEVE COME UP 
5069MICHELI, KATE, MARTHA, MARIA, 
5070AND MARY BETH OF THE MEDIA 
5071BUREAU AND SUSAN AND DAVID FROM 
5072THE OFFICE OF GENERAL COUNSEL 
5073FOR THEIR EFFORTS ON THIS.
5074WE PROCEED TO A VOTE ON THIS 
5075ITEM.
5076COMMISSIONER CLYBURN.
5077COMMISSIONER O'RIELLY.
5078COMMISSIONER CARR.
5079COMMISSIONER ROSENWORCEL.
5080THE CHAIR VOTES AYE AS WELL.
5081THE ITEM PASSES.
5082MADAM SECRETARY, PLEASE ANNOUNCE 
5083THE NEXT ITEM.
5084>> MR. CHAIRMAN AND COMMISSIONER 
5085OF THE FINAL ITEM ON YOUR AGENDA 
5086TODAY WILL BE PRESENTED BY THE 
5087MEDIA BUREAU.
5088IT'S ENTITLED AMENDMENT OF 
5089SECTION 73.355E OF THE 
5090COMMISSION REAL NATIONAL 
5091TELEVISION MULTIPLE OWNERSHIP 
5092RULE AND ONCE AGAIN, MICHELLE 
5093CAREY WILL GIVE THE 
5094INTRODUCTION.
5095>> WHENEVER YOU'RE READY FEEL 
5096FREE TO GO AHEAD.
5097>> THE NEXT AND LAST ITEM THE 
5098MEDIA BUREAU PRESENTS AS A 
5099NOTICE OF PROPOSED RULEMAKING 
5100THAT UNDERTAKES A COMPREHENSIVE 
5101REVIEW OF THE NATIONAL AUDIENCE 
5102REACH CAP AND THE UHF DISCOUNT 
5103BY BROADCASTERS TO CALCULATE 
5104COMPLIANCE WITH THE CAP.
5105THIS REVIEW MARKS THE FIRST TIME 
5106IN WELL OVER A DECADE THAT THE 
5107COMMISSION HAS EXAMINED THE 
5108NATIONAL TELEVISION MULTIPLE 
5109OWNERSHIP RULE.
5110JOINING ME AT THE TABLE ARE
5111 BRENDAN HOLLAND,
5112 TY BREAM,
5113 JULIE SAULNIER,OF THE MEDIA BUREAU.
5114JULIE WILL PRESENT THE ITEM.
5115>> MR. CHAIRMAN AND COMMISSIONER 
5116WE PRESENT THIS NOTICE OF 
5117PROPOSED RULEMAKING WHICH SEEKS 
5118TO DETERMINE THE FUTURE OF THE 
5119NATIONAL TELEVISION AUDIENCE AND 
5120UHF CAP.
5121AS BACKGROUND, THE NATIONAL 
5122AUDIENCE REACH CAP LIMITS 
5123ENMITIES FROM OWNING OR 
5124CONTROLLING TELEVISION STATIONS 
5125THAT IN THE AGGREGATE REACH MORE 
5126THAN 39 PERCENT OF TELEVISION 
5127HOUSEHOLDS IN THE COUNTRY.
5128EARLIER THIS YEAR THE COMMISSION 
5129REINSTATED A COMPONENT OF THE 
5130RULES, UHF DISCOUNT WHICH 
5131PROVIDES THAT WHEN CALCULATED IN 
5132COMPLIANCE WITH THE NATIONAL 
5133AUDIENCE REACH CAP STATIONS 
5134BROADCASTING IN THE UHF SPECTRUM 
5135ARE ATTRIBUTED WITH ONLY 
513650 PERCENT OF THE HOUSEHOLDS IN 
5137THEIR DESIGNATED MARKET AREA AS 
5138OPPOSED TO 100 PERCENT OF THE 
5139HOUSEHOLDS ATTRIBUTED TO VHF 
5140STATIONS.
5141IN REINSTATING THE UHF DISCOUNT 
5142THE COMMISSION FOUND THAT THE 39 PERCENT CAP DISCOUNT ARE 
5143INEXTRICABLY LINKED AND THAT 
5144ELIMINATING THE DISCOUNT 
5145EFFECTIVELY TIGHTENS THE CAP 
5146WITHOUT DETERMINING WHETHER SUCH 
5147TIGHTENING WAS IN THE PUBLIC 
5148INTEREST.
5149AT THAT TIME THE COMMISSION 
5150COMMITTED TO UNDERTAKING THIS 
5151COMPREHENSIVE REVIEW OF BOTH THE 
5152CAP AND DISCOUNT.
5153FIRST, THE NOTICE TAKES A FRESH 
5154LOOK AT THE COMMISSION'S PRIOR 
5155CONCLUSION THAT IT HAS THE LEGAL 
5156AUTHORITY TO MODIFY OR ELIMINATE 
5157THE NATIONAL CAP DISCOUNT.
5158SECOND THE NOTICE ASKS WHETHER 
5159THE CAP END DISCOUNT SHOULD BE 
5160MODIFIED OR ELIMINATED IN LIGHT 
5161OF INCREASED VIDEO PROGRAMMING 
5162OPTIONS TO CONSIDER 
5163TECHNOLOGICAL DEVELOPMENTS SINCE 
5164THE COMMISSION ADOPTED THE 
5165CURRENT CAPITAL OR OTHER 
5166FACTORS.
5167IF THE UHF DISCOUNT IS 
5168ELIMINATED, THE NOTICE ASKS 
5169WHETHER THEY CAP SHOULD BE 
5170SIMULTANEOUSLY RAISED AND IF SO, 
5171BY HOW MUCH.
5172ADDITIONALLY THE NOTICE SEEKS 
5173COMMENT ON THE BENEFITS AND 
5174COSTS OF LOWERING THE CAP.
5175THE NOTICE NEXT ASKS WHETHER 
5176THEY NATIONAL CAP CONTINUES TO 
5177SERVE THE PUBLIC INTEREST AND IF 
5178SO, WHAT PUBLIC INTEREST GOALS 
5179SUCH AS LOCALISM CONTINUES TO 
5180JUSTIFY THE CAP.
5181THE NOTICE ALSO ASKS WHETHER 
5182RETAINING THE CAP HARMS THE 
5183PUBLIC INTEREST IN ANY WAY.
5184THE NOTICE ALSO SEEKS COMMENT ON 
5185HOW TO CALCULATE COMPLIANCE WITH 
5186THE NATIONAL AUDIENCE REACH CAP 
5187IF ONE IS RETAINED.
5188THE ORIGINAL TECHNICAL 
5189JUSTIFICATION FOR THE DISCOUNTS 
5190AND ANALOG UAS JEFF SIGNALS 
5191PROVIDE LESS COVERAGE THEN VHF 
5192SIGNALS DISAPPEARED WITH THE 
5193TRANSITION TO DIGITAL 
5194BROADCASTING.
5195THEREFORE, THE NOTICE ASKS 
5196WHETHER THERE ARE OTHER REASONS 
5197TO CONTAIN THIS OR IF SOME OTHER 
5198WEIGHTING METHOD OR DISCOUNT 
5199SHOULD BE USED TO CALCULATE 
5200COMPLIANCE WITH ANY REMAINING 
5201OWNERSHIP.
5202FINALLY TO THE EXTENT ANY CHANGE 
5203THE COMMISSION ADOPTS CAUSES 
5204BROADCAST STATION GROUPS TO 
5205BECOME OUT OF COMPLIANCE WITH 
5206OWNERSHIP LIMITS, THEY NOTICE 
5207ASKS WHETHER SUCH NONCOMPLIANCE 
5208STATION GROUPS SHOULD BE 
5209GRANDFATHERED AND WHETHER SUCH 
5210STATION GROUPS SHOULD 
5211SUBSEQUENTLY BE ALLOWED TO BE 
5212TRANSFERRED WITHOUT DIVESTITURE.
5213THE MEDIA BUREAU RECOMMENDS THAT 
5214THE COMMISSION ADOPT THE NOTICE 
5215OF PROPOSED RULEMAKING AND 
5216REQUEST EDITORIAL PRIVILEGES TO 
5217MAKE ANY NECESSARY TECHNICAL OR 
5218CONFORMING EDITS.
5219THANK YOU.
5220>>CHAIRMAN PAI:  THANK YOU.
5221WE PROCEED TO COMMENTS FROM THE 
5222BENCH.
5223COMMISSIONER CLYBURN.
5224>>COMMISSIONER CLYBURN:  
5225TELEVISION LIKE NEWSPAPERS AND 
5226LIKE RADIO WORKS BEST WHEN IT 
5227SPEAKS WITH MANY VOICES AND AS 
5228THESE COMPANIES SWALLOW ONE 
5229ANOTHER UP, THERE IS A 
5230FRIGHTENING POSSIBILITY OF IT 
5231ALL SPEAKING WITH ONE VOICE.
5232I DIDN'T DO THAT JUSTICE.
5233TELEVISION LIKE NEWSPAPERS AND 
5234LIKE RADIO WORKS BEST WHEN IT 
5235SPEAKS WITH MANY VOICES AND AS 
5236THESE COMPANIES SWALLOW ONE 
5237ANOTHER UP, THERE IS THE 
5238FRIGHTENING POSSIBILITY OF IT 
5239ALL SPEAKING WITH ONE VOICE.
5240THOSE WORDS DELIVERED BY 
5241BROADCAST JOURNALIST LINDER 
5242ELLERBE IN 2000 BRING RING TRUE 
5243TODAY.
5244AND ANY OTHER MARK A PROPOSAL 
5245BRINGING MASSIVE MEDIA COMPANIES 
5246THE CHANCE TO HAVE AN EVEN 
5247GREATER SHARE OF THE LOCAL 
5248PROGRAMMING MARKET WOULD 
5249GENERATE SUBSTANTIAL ATTENTION 
5250AND WIDE SPREAD PUBLIC CONCERN.
5251WHILE ADMITTEDLY THIS IS NOT 
5252YOUR TYPICAL MONTH AT THE FCC, 
5253THE REALITY IS THAT SUCH A 
5254PROPOSAL IS BEFORE US FOR 
5255CONSIDERATION AND IT IS A BIG 
5256DEAL WITH SUBSTANTIAL 
5257IMPLICATIONS FOR THE FUTURE OF 
5258LOCALISM, DIVERSITY AND 
5259COMPETITION.
5260BROADCASTERS ARE INEXTRICABLY -- 
5261YOU KNOW WHAT, I MEAN.
5262BROADCASTERS ARE INTRICATELY 
5263WOVEN IN THE FABRIC OF OUR 
5264COMMUNITY AND COVER LOCAL 
5265OFFICIALS SOMEONE AT THEIR BEST 
5266HOLD THEM ACCOUNTABLE WHILE 
5267CABLE NEWS OR ONLINE PLATFORMS 
5268ARE MORE LIKELY TO PAINT BROAD 
5269STROKES, LOCAL BROADCASTERS 
5270DISTINGUISH THEMSELVES THROUGH 
5271THEIR ABILITY TO FILL IN THE 
5272FINE LINES.
5273LOCAL BROADCASTERS OFTEN GO TO 
5274GREAT LENGTHS TO STAY ON THE AIR 
5275DURING THE NATURAL OR MAN-MADE 
5276CRISIS PROVIDING ON THE GROUND 
5277COVERAGE WHEN NEWS BREAKS 
5278INCLUDING THE DELIVERY OF 
5279EMERGENCY INFORMATION THAT NO 
5280DOUBT HAS SAVED COUNTLESS LIVES.
5281IN 2004, CONGRESS PASSED AND 
5282PRESIDENT W GEORGE BUSH SIGNED 
5283INTO LAW A PROVISION THAT NO 
5284SINGLE BROADCASTER THROUGH ITS 
5285COMBINATION OF LOCAL STATIONS, 
5286OWNED, COLLECTIVELY SHOULD BE 
5287ABLE TO REACH MORE THAN 
528839 PERCENT OF THE U.S. 
5289TELEVISION HOUSEHOLDS.
5290WHILE I CANNOT SAY FOR CERTAIN 
5291THAT THE SENTIMENTS EXPRESSED BY 
5292THE LATE WILLIAM SAFIRE 
5293REFLECTED THE LEGISLATIVE MOVE 
5294-- MOOD OF THE DAY IT'S STRIKING 
5295THAT 14 YEARS AGO HE WAS 
5296MOTIVATED TO WRITE TO A NEW YORK 
5297TIMES OP-ED, "THE EFFECT OF THE 
5298MEDIA AMALGAMATION OF AMERICA'S 
5299FREEDOM OF VOICE IS TO WORRY IF 
5300SOME TO BE LEFT TO THREE 
5301UNELECTED COMMISSIONERS.
5302SOON AFTER CONGRESS THROUGH 
5303SECTION 6 291 -- SECTION ONE -- 
5304SUBSECTION ONE OF THE 
5305APPROPRIATIONS ACT OF 2004 
5306SPECIFICALLY EXEMPTED THE 
530739 PERCENT CAP ON NATIONAL 
5308AUDIENCE REACH FROM REVIEWS.
5309THIS WAS EVIDENTLY THE 
5310PREVAILING VIEW BECAUSE IN 2004, 
5311NAB PRESIDENT SAID WE ARE 
5312PLEASED THE NATIONAL TELEVISION 
5313OWNERSHIP CAP ISSUE APPEARS TO 
5314BE RESOLVED BY THE PASSAGE OF 
5315THIS LEGISLATION.
5316PRESS ACCOUNTS AT THAT TIME 
5317INCLUDING A JANUARY 2004 STORY 
5318AND BROADCASTING AND CABLE 
5319AFFIRMED THAT ONE OF THE FEW 
5320FEATURES OF THE LAW WAS THAT, 
5321"ONLY CONGRESS, NOT THE FCC, CAN 
5322CHANGE THE 39 PERCENT LIMIT."
5323FACING A CHALLENGE FROM 
5324BROADCASTERS WHO SOUGHT TO 
5325MAINTAIN A 45 PERCENT NATIONAL 
5326OWNERSHIP CAP, THE THIRD CIRCUIT 
5327ISSUED ITS OPINION IN JUNE 
5328OF 2004.
5329IN THE COURTS DECISION IT WROTE, 
5330"BECAUSE THE COMMISSION IS UNDER 
5331A STATUTORY DIRECTIVE TO MODIFY 
5332THE NATIONAL TELEVISION 
5333OWNERSHIP CAP OF 39 PERCENT, 
5334CHALLENGES TO THE COMMISSION'S 
5335DECISION TO RAISE THE CAP TWO 45 PERCENT ARE MUTE.
5336THIS DECISION SHOULD ONCE AND 
5337FOR ALL PUT TO REST ANY QUESTION 
5338THAT THE FCC COULD INDEPENDENTLY 
5339INCREASE THE CAP"  BUT KNOW THE 
5340CURRENT ADMINISTRATION IN ITS 
5341QUEST TO GREENLIGHT EVEN GREATER 
5342MEDIA CONSOLIDATION HAS FOUND A 
5343WAY TO REWRITE HISTORY AND 
5344IGNORE THIS CIRCUIT DECISION.
5345EARLIER THIS YEAR, OVER MY VERSE 
5346THERE MY VOCIFEROUS OBJECTION, 
5347THE FCC MAJORITY REINSTATED THAT 
5348UHF DISCOUNT GIVING THE BEST -- 
5349BLESSING FOR A COMPANY TO REACH 
5350OVER 70 PERCENT OF U.S. 
5351HOUSEHOLDS WHILE CLAIMING TO BE 
5352COMPLIANT WITH THE 39 PERCENT 
5353NATIONAL OWNERSHIP CAP.
5354IN 2004, WHEN CONGRESS ENACTED 
5355THE CAP, THE DCB TRANSITION WAS 
5356STILL FIVE YEARS AWAY, BUT 
5357THANKS TO THE TRANSITION TO 
5358DIGITAL TELEVISION, UHF STATIONS 
5359ARE NO LONGER INFERIOR TO VHF 
5360STATIONS.
5361THIS CAN BE NOTHING ELSE, BUT 
5362THAT BROADCASTERS WITH THE 
5363BLESSING OF THE FCC MAJORITY ARE 
5364USING THIS ARBITRARY LOOPHOLE TO 
5365EXPAND THEIR REACH FAR BEYOND 
5366WHAT CONGRESS EVER ENVISIONED.
5367HOW DID WE GET TO THIS POINT?
5368HEARKEN BACK TO JUNE OF 20 -- 
53692003 WHERE THE FCC VOTED ALONG 
5370PARTY LINES TO INCREASE THE 
5371NATIONAL OWNERSHIP CAP FROM 
537235-45 PERCENT.
5373THIS DECISION WAS NOT WITHOUT 
5374SIGNIFICANT CONTROVERSY.
5375EVEN THE NATIONAL RIFLE 
5376ASSOCIATION AT THE TIME CAME OUT 
5377IN OPPOSITION.
5378ARGUING THAT LOOSENING OF THE 
5379FCC MEDIA OWNERSHIP RULES SHOULD 
5380BE REJECTED AND I QUOTE, "FOR 
5381THE SAKE OF OUR DEMOCRACY."
5382LEADING INTO THE FALL OF THAT 
5383SAME YEAR CONGRESS CONTINUED TO 
5384DEBATE THE ISSUE AND THERE WERE 
5385A BIPARTISAN HOUSE AND SENATE 
5386RESOLUTIONS INTRODUCED THAT 
5387DISAPPROVED OF THE FCC IS 
5388DEREGULATION OF THE MEDIA 
5389OWNERSHIP RULES.
5390THERE WERE ALSO MULTIPLE 
5391CONGRESSIONAL HEARINGS THAT 
5392YEAR.
5393SENATOR TRENT LOT IN DESCRIBING 
5394HIS OPPOSITION TO RAISING THE 
5395CAP SAID AND I QUOTE, "THAT THE 
5396NATION IS IN DANGER OF LOSING 
5397THE LOCALISM AND DIVERSITY OF 
5398VIEWPOINTS THAT ARE OFFERED 
5399UNDER THE CURRENT OWNERSHIP CAP 
5400STRUCTURE IF THE CURRENT CAP IS 
5401GREAT AND QUOTE STRONG WORDS 
5402FROM THE FORMER SENATE LEADER 
5403AND HE WAS NOT ALONE.
5404A DEEPLY FOUGHT BATTLE 
5405ULTIMATELY RESULTED IN A 
5406COMPROMISE BETWEEN CONGRESSIONAL 
5407LEADERSHIP AND THE WHITE HOUSE.
5408THAT NOVEMBER AN AGREEMENT WAS 
5409REACHED THAT 839 PERCENT 
5410NATIONAL OWNERSHIP CAP WAS 
5411ESTABLISHED THAT WILL BE PUT 
5412INTO LAW JUST TWO MONTHS LATER.
5413WHILE MANY REMAIN UNHAPPY THE 
5414PURPOSE WAS TO PUT THIS DEBATE 
5415TO REST OR SO THEY THOUGHT.
5416FAST-FORWARD TO LAST MONTH WHEN 
5417DEMOCRATIC LEADER PELOSI ALONG 
5418WITH REPRESENTATIVE ALONE AND 
5419DOYLE WROTE IN A LETTER TO THE 
5420COMMISSION THAT BY EXPLICITLY 
5421EXCLUDING REVIEW OF THE CAP FROM 
5422THE QUADRENNIAL REVIEW OF 
5423BROADCAST OWNERSHIP RULES WE 
5424MADE CLEAR THAT THE FCC IS NOT 
5425PERMITTED TO CHANGE OR EBAY THE 
5426NATIONAL OWNERSHIP CAP.
5427I AGREE.
5428LOCALISM.
5429DIVERSITY.
5430AND COMPETITION ARE BEDROCK 
5431PRINCIPLES OF OUR NATIONAL MEDIA 
5432PRINCIPAL AND INDEED OUR 
5433DEMOCRACY.
5434GIVING A SINGLE BROADCASTER 
5435THEME MEANS TO BUY ENOUGH LOCAL 
5436STATIONS TO EXCEED THE 
543739 PERCENT CAP IS INCONSISTENT 
5438WITH THE STATUTE AND SHOULD BE 
5439REJECTED.
5440FCC CHAIRMAN MICHAEL POWELL ONCE 
5441SAID THAT THE FCC IS 
5442CONSTITUTIONALLY BOUND TO 
5443COMPLY, WILLINGLY OR NOT COME UP 
5444WITH CONGRESS DIRECTION AS 
5445EXPRESSED BY THE TEXT OF THE 
5446STATUTE.
5447MAYBE TODAY WILL BE THE DAY THE 
5448MAJORITY IT WILL HEED THOSE 
5449WORDS AND JOIN ME IN OPPOSING 
5450TODAY'S PROPOSAL BECAUSE IF 
5451NOTHING ELSE IS CLEAR WHEN IT 
5452COMES TO THIS ITEM, IT IS THAT 
5453THEY, WE, THE FCC, HAS 
5454ABSOLUTELY NO AUTHORITY TO ACT.
5455I JUST SENT.
5456>>CHAIRMAN PAI:  THANK YOU, 
5457COMMISSIONER.
5458COMMISSIONER O'RIELLY.
5459>>COMMISSIONER O'RIELLY:  THANK 
5460YOU.
5461I SUPPORT TODAY'S ITEM WAS 
5462INITIATES A DEFINED PROCESS TO 
5463REVIEW THE NATIONAL TELEVISION 
5464OWNERSHIP RULE COMMONLY REFERRED 
5465TO AS THE NATIONAL AUDIENCE 
5466REACH CAP.
5467THIS IS A TOPIC SPENT TOO MUCH 
5468TIME OVER THE YEARS WORK AND SO 
5469I'D LIKE TO CLEAR UP MANY 
5470MISCONCEPTIONS AROUND TO GET.
5471FIRST, I WANT TO BE ABSOLUTELY 
5472CLEAR ON MY POSITION ON THE 
5473MATTER.
5474AS I'VE STATED PREVIOUSLY I DO 
5475NOT BELIEVE THE COMMISSION HAS 
5476THE AUTHORITY TO MODIFY THE 
5477NATIONAL AUDIENCE REACH CAP 
5478WHICH EXTENDS TO ELIMINATING UHF 
5479DISCOUNT.
5480WHILE THE DISCOUNT MAY NO LONGER 
5481BE TECHNOLOGICALLY JUSTIFIED 
5482IT'S UP TO CONGRESS TO MAKE THAT 
5483DETERMINATION, NOT THE 
5484COMMISSION.
5485THIS WAS THE CLEAR INTENT OF 
5486CONGRESS WHEN IT PARTIALLY 
5487ROLLED BACK THE FCC OPPOSED TO 
5488CAP INCREASE 45 PERCENT IN 2004.
5489WHILE MANY LAWYERS HAD THEIR OWN 
5490INTERPRETATION OF THE 
5491CONSOLIDATED APPROPRIATIONS ACT, 
5492I WANT TO PROVIDE A LITTLE 
5493HISTORY.
5494AFTER EXTENSIVE DEBATE AND TOO 
5495MANY MEETINGS TO COUNT CONGRESS 
5496ENACTED THE RELEVANT PORTIONS OF 
5497THE CAA.
5498THE LANGUAGE CANNOT BE ANY 
5499CLEARER.
5500IT STATUTORY SETS NATIONAL 
5501OWNERSHIP LIMIT AND 
5502CORRESPONDINGLY MOVES IT FROM 
5503THE QUAD AND REAL REVIEW UNDER 
5504SECTION 202 OF THE 
5505TELECOMMUNICATIONS ACT.
5506SOME INCLUDING THE THIRD CIRCUIT 
5507COURT OF APPEALS HAVE ARGUED 
5508CONGRESS ONLY MEANT TO REMOVE 
5509CONSIDERATION OF THE NATIONAL 
5510AUDIENCE REACH CAP FROM THE 
5511BIENNIAL REVIEW NOT TO PROHIBIT 
5512FROM BEING CHANGED AS ANY OTHER 
5513EFFORT.
5514FOR SUCH A READING IS POST 
5515PROSPEROUS PREPOSTEROUS AS IT 
5516CREATES A BACKDOOR IN THE 
5517HISTORY OF LEGISLATING.
5518AT THE SAME TIME, THE VIEW 
5519IGNORES THE DEAL THAT WAS STRUCK 
5520IN THOSE BITTERLY HEATED 
5521MEETINGS AND HUDDLES IN EXCHANGE 
5522FOR THE HARD CAP, THOSE WHO 
5523SUPPORTED FORMER CHAIRMAN 
5524POWELL'S WORK OBTAINED AND 
5525OWNERSHIP LEVEL THAT PREVENTED 
5526ANY STATION GROUP FROM BEING 
5527FORCED TO SELL OFF ANY STATION.
5528AND A COMMITMENT THAT THE UHF 
5529DISCOUNT WOULD STILL APPLY GOING 
5530FORWARD.
5531I REALIZE THAT SOME PEOPLE DON'T 
5532HAVE A HIGH OPINION OF 
5533CONGRESSIONAL EXPERIENCE, BUT I 
5534WILL FOREVER HAVE ETCHED IN MY 
5535MIND FORMER TED STEVENS 
5536SCREAMING THAT IF SOME STATION 
5537GROUP WANTED TO GO ABOVE 
553839 PERCENT THEY COULD COME TO 
5539CONGRESS AND TRYING GET THE CAP 
5540AMENDED.
5541THAT WAS A DIFFERENT DAY AND A 
5542DIFFERENT CONGRESS AND MAYBE 
5543RELIED ON SENATOR STEVENS 
5544SERVING FOREVER, BUT IT SHOULD 
5545COUNT FOR SOMETHING.
5546IT CERTAINLY DOES TO ME EVEN IF 
5547I INTELLECTUALLY AGREE THAT BOTH 
5548HE CAP AND DISCOUNT ARE ARCHAIC 
5549IN NEED OF REFORM.
5550DESPITE MY FIRST-HAND EXPERIENCE 
5551THERE IS BROAD DISAGREEMENT 
5552AMONG INTERESTED PARTIES OVER 
5553THE COMMISSION'S AUTHORITY IN 
5554THIS SPACE.
5555DURING THE PRIOR COMMISSION 
5556PROCEEDING TO ELIMINATE UHF 
5557DISCOUNT, NAB AND FREE PRESS 
5558ARGUED THE COMMISSION HAD THE 
5559ABILITY TO ELIMINATE THE UHF 
5560DISCOUNT AND MODIFY THE NATIONAL 
5561AUDIENCE REACH CAP.
5562THE COMMISSION ULTIMATELY AGREED 
5563WITH THE SUPPORT OF A COUPLE OF 
5564MY COLLEAGUES HERE TODAY.
5565ON THE OTHER HAND, FOX, 
5566SINCLAIR, ION AND TRINITY 
5567BROADCAST ALL CHALLENGE THE 
5568COMMISSION'S AUTHORITY.
5569THEY APPRECIATE THE IRONY THAT 
5570MY VIEWS ARE ALIGNED WITH THOSE 
5571PREVIOUSLY FILED BY SINCLAIR WHO 
5572OUTSIDE CRITICS MISTAKENLY 
5573BELIEVE I'M CURRENTLY IN CAHOOTS 
5574WITH THAT THE COMMISSION WAS 
5575DEVOID OF AUTHORITY TO TAKE 
5576ACTION AND WOULD HELP SINCLAIR 
5577TODAY.
5578SPECIFICALLY SINCLAIR STATED IN 
55792013 THE FCC DOES NOT HAVE 
5580AUTHORITY TO MODIFY ANY ASPECT 
5581OF A NATIONAL TELEVISION 
5582OWNERSHIP CAP INCLUDING UHF 
5583DISCOUNT IN ESTABLISHING THE 
558439 PERCENT LIMIT FOR THE 
5585OWNERSHIP CAP IN 2004 CONGRESS 
5586SAID A PRECISE LIMIT AND THEN 
5587TOOK THE EXTRA STEP OF REMOVING 
5588THIS LIMIT IN FROM THE FCC 
5589REVIEW OF OWNERSHIP RULES.
5590NO ACTION BY CONGRESS HAS CHANGE 
5591THESE FACTS AND ACCORDINGLY THE 
5592FCC SHOULD TERMINATE THIS 
5593PROCEEDING AND HALT EFFORTS TO 
5594ELIMINATE THE UHF DISCOUNT.
5595IN A MORE CURIOUS TWIST IT 
5596APPEARS THAT MY COLLEAGUES THAT 
5597PREVIOUSLY SUPPORTED CHANGES IN 
55982016 ALSO NOT QUESTION THE 
5599COMMISSION'S AUTHORITY.
5600FOR THESE REASONS I BELIEVE IT'S 
5601TIME FOR THE COURTS TO OPINE ON 
5602THIS MATTER.
5603WE NEED CERTAINTY IN A WAY THAT 
5604ONLY THE COURTS ARE CONGRESS CAN 
5605PROVIDE AS TO WHERE THE 
5606COMMISSION AUTHORITY BEGINS AND 
5607ENDS.
5608SINCE IT DOESN'T APPEAR 
5609CONGRESSIONAL ACTION IS 
5610FORTHCOMING I LOOK FORWARD TO 
5611REVIEWING THE RECORD THAT WILL 
5612RESULT FROM THIS PROCEEDING.
5613IF THE COMMISSION BELIEVES AFTER 
5614SUCH REVIEW IT HAS THE AUTHORITY 
5615TO MODIFY THE CAP I WILL HAPPILY 
5616SUPPORT THAT ITEM.
5617THAT'S NOT TO SUGGEST MY 
5618POSITION HAS CHANGED, BUT ONLY 
5619THAT I BELIEVE IN GETTING 
5620FINALITY AND WILLING TO CAST A 
5621VOTE TO ALLOW THE COMMISSION TO 
5622TAKE THE STEPS TO GET THIS TO 
5623COURT REVIEW.
5624OUTSIDE THE AUTHORITY QUESTION I 
5625THINK IT'S IMPORTANT TO PUT THIS 
5626ORDER IN CONTEXT.
5627THE TRUTH IS THE LAST FIGHT OVER 
5628THE NATIONAL AUDIENCE REACH CAP 
5629GENERALLY OCCURRED NOT BECAUSE 
5630OF THE POTENTIAL IMPACT ON 
5631CONSUMERS, BUT RATHER TO 
5632SAFEGUARD IMPORTANT BALANCE 
5633BETWEEN A BIG FOUR BROADCAST 
5634NETWORKS ON LOCAL AFFILIATES.
5635PRIOR TO THE CONGRESSIONAL 
5636ACTION OF 2000 FOR THE 
5637COMMISSION FOUND THESE RULES DID 
5638NOT PROMOTE COMPETITION OR 
5639DIVERSITY FOR THESE REASONS THE 
5640COMMISSION INCREASE THE CURRENT 
5641CAP FROM 35 PERCENT WEEP 
564245 PERCENT TO ALLOW BROADCAST 
5643NETWORKS TO ACHIEVE GREATER 
5644ECONOMIES OF SCALE WITHOUT 
5645SURPASSING THE AUDIENCE REACH OF 
5646THEIR COLLECTIVE AFFILIATES.
5647CONGRESS LATER SCALED BACK THE 
564839 PERCENT WITH THE SAME FOCUS 
5649IN MIND MAINTAINING THE 
5650APPROPRIATE BALANCE BETWEEN 
5651NETWORKS AND THEIR AFFILIATES.
5652IT'S ALSO WORTH NOTING THAT EVEN 
5653IF THE NATIONAL AUDIENCE REACH 
5654CAP IS INCREASED OR ELIMINATED, 
5655PRACTICAL EFFECTS WILL LIKELY BE 
5656LIMITED ASSUMING THE COMMISSION 
5657COMPLIES WITH DIRECT 
5658CONGRESSIONAL DIRECTION ON THE 
5659DISC ON.
5660TODAY THE MAJORITY OF THE TOP 
5661TEN TELEVISION STATIONS DO NOT 
5662EVEN COME CLOSE TO THE CAP.
5663FOR INSTANCE, CBS CORPORATION, 
5664WHICH RANKS FIFTH ONLY HAS A 
5665NATIONAL AUDIENCE REACH OF 
566625.5 PERCENT.
5667HERTZ CORPORATION HAS AN 
5668AUDIENCE REACH OF 13.3 PERCENT.
5669ALL OF THIS IS TO SAY I SUPPORT 
5670ASKING QUESTIONS THAT ULTIMATELY 
5671RESOLVE THIS ISSUE OF THE 
5672COMMISSION'S AUTHORITY ON THE 
5673MATTER, WHETHER WE MAINTAIN OR 
5674ALTER THE CAP IS LIKELY TO HAVE 
5675LITTLE REAL-WORLD IMPACT IN THE 
5676NEAR FUTURE.
5677INT INC. THE CHAIRMAN FOR TEEING 
5678UP THIS ITEM AND ASKING THE 
5679BROAD RANGE OF QUESTION.
5680I APPROVE.
5681>>CHAIRMAN PAI:  THANK YOU.
5682COMMISSIONER CARR.
5683>>COMMISSIONER CARR:  THE FCC 
5684HAS LIMIT ON THE BOOKS THAT 
5685LIMIT AN ENTITY THAT CAN OWN THE 
5686STATION.
5687AS THE LANDSCAPE EVOLVE THE 
5688COMMISSION REVISITED THESE ROLES 
5689TO ACCOUNT FOR NEW COMPETITORS 
5690AND ADVANCES IN TECHNOLOGY.
5691THOSE CHANGES HAVE ONLY 
5692ACCELERATED IN RECENT YEARS WITH 
5693THE ADVENT OF ONLINE OFFERINGS.
5694BROADCASTERS NOW COMPETE FOR 
5695EYEBALLS WITH YOUTUBE STARS, 
5696SOCIAL MEDIA PLATFORMS AND 
5697STREAMING SERVICES LIKE HULU AND 
5698NETFLIX NOT TO MENTION 
5699TRADITIONAL CABLE AND SATELLITE 
5700OFFERINGS.
5701IN LIGHT OF THESE CHANGES THAT 
5702WERE LAUNCHED IN THIS 
5703PROCEEDING, WHICH WILL EXAMINE 
5704WHETHER WE CAN AND SHOULD MODIFY 
5705OUR RULES THAT LIMIT 
5706BROADCASTERS, BUT NOT OTHERS IN 
5707THE VIDEO MARKETPLACE FROM 
5708REACHING MORE THAN 39 PERCENT OF 
5709TELEVISION HOUSEHOLDS IN THE 
5710COUNTRY.
5711ANSWERING THESE QUESTIONS WILL 
5712HELP ENSURE OUR MEDIA OWNERSHIP 
5713RULES ARE NEITHER OUTDATED NOR 
5714COUNTERPRODUCTIVE.
5715AT THE SAME TIME, I'M SURPRISED 
5716THAT THE ISSUE OF THE 
5717COMMISSION'S LEGAL AUTHORITY IN 
5718THIS AREA HAS GENERATED SO MUCH 
5719CONTROVERSY.
5720AFTER ALL THE FCC DETERMINED IN 
57212016 THAT, "THE COMMISSION HAS 
5722THE AUTHORITY TO MODIFY THE 
5723NATIONAL AUDIENCE REACH CAP 
5724COCOA NO STATUTE CHARTS THE 
5725COMMISSION FROM REVISITING THE 
5726CAP.
5727CONGRESS HAS NOT ACCORDING TO 
5728THE FCC IMPOSED A STATUTORY 
5729NATIONAL AUDIENCE FOR THE CAP 
5730WORK FOR HIM AT THE COMMISSION 
5731FROM EVALUATING THE ELEMENTS OF 
5732THIS RULE.
5733ALL THREE DEMOCRATS ON THE 
5734COMMISSION INCLUDING TWO OF MY 
5735COLLEAGUES HERE TODAY VOTED FOR 
5736THAT ORDER.
5737NO ONE IN THE MAJORITY 
5738CONCURRED.
5739OR OTHERWISE QUALIFIED THEIR 
5740SUPPORT FOR THE FCC 2016 
5741DETERMINATIONS.
5742AND WHILE SEVERAL SEATS HAVE 
5743CHANGED SINCE THEN, THE LAW HAS 
5744NOT.
5745SO THE SUGGESTION BY SOME THAT 
5746THE FCC NOW LACKS AUTHORITY TO 
5747DO EXACTLY WHAT MY COLLEAGUE 
5748SAID THE COMMISSION COULD DO IN 
57492016 IS CURIOUS TO SAY THE 
5750LEAST.
5751TODAY'S NOTICE ASKS SIMPLY 
5752WHETHER MY COLLEAGUES GOT IT 
5753RIGHT IN 2016 WHEN THEY 
5754DETERMINED THAT THE FCC HAS 
5755AUTHORITY TO MODIFY CAPS.
5756SO FAR I HAVE NOT SEEN ANYTHING 
5757THAT CONVINCES ME THEY GOT IT 
5758WRONG.
5759I LOOK FORWARD TO REVIEWING THE 
5760RECORD DEVELOPED IN THIS 
5761PROCEEDING.
5762THANKS.
5763>>CHAIRMAN PAI:  THANK YOU.
5764COMMISSIONER ROSENWORCEL.
5765>>COMMISSIONER ROSENWORCEL:  FOR 
5766DECADES THE FCC HAS BUILT ITS 
5767MEDIA POLICIES AROUND THE IDEAS 
5768THAT LOCALISM, DIVERSITY AND 
5769COMPETITION MATTER.
5770THESE VALUES HAVE THEIR ORIGIN 
5771IN THE COMMUNICATIONS ACT.
5772THEY MAY NOT BE TRENDY, BUT THEY 
5773HAVE STOOD THE TEST OF TIME.
5774THEY CONTINUE TO SUPPORT 
5775JOURNALISM AND JOBS.
5776THEY PLAY A CRITICAL ROLE IN 
5777HELPING ADVANCE THE MIX WE ALL 
5778NEED TO MAKE DECISIONS ABOUT OUR 
5779LIVES, OUR COMMUNITIES AND OUR 
5780COUNTRY.
5781TODAY THE FCC SEEKS TO DISMANTLE 
5782THESE VALUES AT A TIME WHEN REAL 
5783FACTS GET CASUALLY DERIDED IN 
5784FAKE NEWEST, ALGORITHMS ARE 
5785OFFENDED AND WHAT IS VIRAL IS 
5786OFTEN NOT VERIFIABLE.
5787THIS IS NEITHER PRUDENT NOR 
5788WISE.
5789IT IS ALSO UNLAWFUL.
5790AT THE DIRECTION OF CONGRESS AND 
5791THE CONSOLIDATED APPROPRIATIONS 
5792ACT OF 2004, THE FCC IS 
5793STATUTORILY PROHIBITED FROM 
5794ALLOWING A SINGLE COMPANY FROM 
5795ACQUIRING STATIONS THAT REACH 
5796MORE THAN 39 PERCENT OF THE 
5797NATIONAL TELEVISION AUDIENCE.
5798THE FCC LACKS AUTHORITY TO 
5799CHANGE THIS LAW.
5800DOING SO IS THE EXCLUSIVE 
5801PROVINCE OF CONGRESS.
5802BUT SOMEHOW, SOMEWAY, WE HAVE 
5803THIS RULEMAKING ANYWAY.
5804AND SOMEHOW WE ARE STILL TALKING 
5805ABOUT THE UHF DISCOUNT, A 
5806CONCEPT THAT SHOULD HAVE BEEN 
5807RETIRED NEARLY A DECADE AGO WITH 
5808THE INTRODUCTION OF DIGITAL 
5809TELEVISION, WHICH RENDERED IT 
5810TECHNICALLY OUTDATED AND 
5811SCIENTIFICALLY OBSOLETE.
5812MOREOVER THIS CONCEPT IS NOWHERE 
5813MENTIONED IN THE CONSOLIDATED 
5814APPROPRIATIONS ACT OF 2004.
5815STILL, HERE WE ARE.
5816IN THIS EFFORT ON THE HEELS OF 
5817THIS AGENCY'S REPEAL OF THE MAIN 
5818STUDIO RULE, ELIMINATION OF THE 
5819EIGHT VOICES TESTING GIVING 
5820GREEN LIGHT FOR WAIVERS OF 
5821COMMON OWNERSHIP OF THE TOP FOUR 
5822STATIONS IN A MARKET IS 
5823ULTIMATELY DESTRUCTIVE.
5824WE ARE DESTROYING OUR MOST BASIC 
5825VALUES AND TEARING APART THE 
5826RULES THAT HAVE HELPED TO KEEP 
5827OUR MEDIA MARKETS LOCAL, 
5828DIVERSE, AND COMPETITIVE.
5829I DISSENT.
5830>>CHAIRMAN PAI:  THANK YOU, 
5831COMMISSIONER.
5832THE NATIONAL TELEVISION 
5833OWNERSHIP CAP AND UHF DISCOUNT 
5834ARE INEXTRICABLY LINKED.
5835ANY REVIEW OF ONE MUST INCLUDE A 
5836REVIEW OF THE OTHER.
5837WHAT IS THE FCC'S AUTHORITY TO 
5838ADDRESS THIS CAP AND ASSUMING WE 
5839HAVE SUCH AUTHORITY, HOW SHOULD 
5840WE ADJUST IT?
5841SHOULD WE ELIMINATE THE UHF 
5842DISCOUNT?
5843THOSE ARE THE KEY QUESTIONS WE 
5844ARE ASKING IN THIS NOTICE.
5845THERE ARE NO TENTATIVE 
5846CONCLUSIONS WHATSOEVER.
5847WE ARE JUST ASKING.
5848IT IS AMUSING THEN TO HEAR SUCH 
5849VOCIFEROUS OBJECTIONS FROM THE 
5850BENCH INCLUDING AT THE LAST FEW 
5851MINUTES, "WE HAVE ABSOLUTELY NO 
5852AUTHORITY TO ACT"  AND I QUOTE, 
5853"THE FCC LACKS AUTHORITY TO 
5854CHANGE THIS LAW."
5855SUCH OBJECTIONS ASKED WHETHER WE 
5856HAVE AUTHORITY GIVEN THE SAME 
5857COMMISSIONERS PREVIOUSLY 
5858INSERTED IN THE AFFIRMATIVE.
5859IN 2013 THE FCC ADOPTED THE UHF 
5860DISCOUNT NOTICE OF PROPOSED 
5861RULEMAKING WHICH STATED AND I 
5862QUOTE, "WE BELIEVE THE 
5863COMMISSION RETAINS THE AUTHORITY 
5864TO MODIFY BOTH THE NATIONAL 
5865AUDIENCE REACH RESTRICTIONS AND 
5866THE UHF DISCOUNT PROVIDED SUCH 
5867ACTION IS UNDERTAKEN IN THE 
5868RULEMAKING PROCEEDING SEPARATE 
5869FROM THE COMMISSION'S 
5870QUADRENNIAL REVIEW OF THE 
5871BROADCAST OWNERSHIP RULES."
5872TODAY'S MINORITY EXPRESSED -- 
5873EXPRESSED DOUBTS ABOUT THAT BACK 
5874THEN AND JUST THIS LAST YEAR 
58752016, THE FCC CONVERTED THAT 
5876BELIEF INTO BEDROCK.
5877IT DEFINITIVELY AND I QUOTE, 
5878"INCLUDED THAT IT HAS THE 
5879AUTHORITY TO MODIFY THE NATIONAL 
5880AUDIENCE REACH CAP INCLUDING THE 
5881AUTHORITY TO REVISE OR ELIMINATE 
5882THE UHF DISCOUNT."
5883AND IT WENT EVEN FURTHER SAYING 
5884THE COMMUNICATIONS ACT DOES AND 
5885I QUOTE, "WOULD NOT IMPOSE A 
5886STATUTORY NATIONAL AUDIENCE 
5887REACH CAP OR PROHIBIT THE 
5888COMMISSION FROM EVALUATING THE 
5889ELEMENTS OF THIS RULE."
5890YET AGAIN THE CURRENT MINORITY 
5891VOTED WHOLEHEARTEDLY FOR THAT 
5892PROPOSITION.
5893NOW LOOK, I UNDERSTAND LITERARY 
5894APPEAL OSCAR WILDE THAT 
5895CONSISTENCY IS THE LAST REFUGE 
5896OF THE UNIMAGINATIVE, BUT OUR 
5897WORK TYPICALLY DEMANDS A MODICUM 
5898OF CONSISTENCY, BORING THOUGH IT 
5899MAY BE.
5900IT'S ALSO AMUSING THAT THOSE WHO 
5901HAVE REPEATEDLY VOICED THEIR 
5902STRONG OPPOSITION TO THE DISC ON 
5903A RECENT MONTHS ARE NOW VOTING 
5904AGAINST SEEKING COMMENTS ON 
5905GETTING RID OF IT.
5906MAKE NO MISTAKE A VOTE AGAINST 
5907THIS NOTICE IS EFFECTIVELY A 
5908VOTE IN FAVOR OF KEEPING THE UHS 
5909DISCOUNT IN PLACE.
5910GETTING BACK TO THE SUBSTANCE WE 
5911NEED TO TAKE A HOLISTIC LOOK AT 
5912THE NATIONAL CAPITAL INCLUDING 
5913UHF DISCOUNT.
5914MARKETPLACE HAS CHANGED 
5915CONSIDERABLY DUE TO THE 
5916EXPLOSION OF VIDEO PROGRAMMING 
5917OPTIONS AND TECHNOLOGICAL 
5918ADVANCES THAT HAVE OCCURRED 
5919SINCE THE CAP WAS LAST 
5920CONSIDERED IN 2004.
5921SO WE NEED TO EXAMINE WHETHER 
5922OUR RULES SHOULD CHANGE 
5923ACCORDINGLY.
5924THAT IS AN IMPORTANT DISCUSSION 
5925THAT WILL BE INFORMED BY THE 
5926FACTS AND THE RECORD, NOT 
5927ANYTHING ELSE.
5928I WOULD LIKE TO THANK THE 
5929DEDICATED STAFF THAT WORKED ON 
5930THIS NOTICE, HIGH, MICHELLE, 
5931MARYBETH, JULIE FROM THE MEDIA 
5932BUREAU AND DAVE, MEL, AND THE 
5933OFFICE OF GENERAL COUNSEL.
5934WE WILL PROCEED TO A VOTE.
5935COMMISSIONER CLYBURN.
5936COMMISSIONER O'RIELLY.
5937COMMISSIONER CARR.
5938COMMISSIONER ROSENWORCEL.
5939THE CHAIR VOTES I'VE.
5940THE ITEM IS ADOPTED WITH 
5941EDITORIAL PRIVILEGES GRANTED.
5942THANKS FOR THE HARD WORK.
5943WITH ANY OF MY COLLEAGUES LIKE 
5944TO MAKE ANNOUNCEMENT.
5945>>COMMISSIONER CLYBURN:AS 
5946QUICKLY AS IT UNDER FOUR HOURS?
5947>>CHAIRMAN PAI:  30 OR 40 
5948MINUTES.
5949TAKE YOUR TIME.
5950[LAUGHING]
5951>>COMMISSIONER CLYBURN:  BASED 
5952ON LAST MONTH, I CAN SAY ONE 
5953WORD A MINUTE.
5954SO I AM DELIGHTED TO ANNOUNCE 
5955THAT APRIL JONES HAS JOINED MY 
5956OFFICE AS A POLICY ANALYST AND 
5957SPECIAL ASSISTANT.
5958IF SHE IS STILL IN THE ROOM, IF 
5959YOU WOULD STAND.
5960SHE HAS A DIVERSE BACKGROUND AND 
5961IS ALREADY A TREMENDOUS ASSET IN 
5962OUR CONTINUAL WORK TO PUT 
5963CONSUMERS FIRST AND UPHOLD OUR 
5964PRINCIPALS.
5965SHE CAME TO US FROM THE OFFICE 
5966OF HOUSE FELT, A GLOBAL 
5967ANTITRUST FIRM PREVIOUSLY SHE 
5968WORKED AT THE OFFICE OF THE U.S. 
5969TRADE REPRESENTATIVE WHICH 
5970PRIMARILY WORKED ON E-COMMERCE 
5971AND TELECOMMUNICATIONS.
5972THEY WERE IN HER PORTFOLIO.
5973SHE RECEIVED HER JD FROM THE 
5974GEORGE WASHINGTON UNIVERSITY 
5975SCHOOL OF LAW WHERE SHE 
5976COMPLETED AN INTERNATIONAL HUMAN 
5977RIGHTS LAW PROGRAM AT THE 
5978UNIVERSITY OF OXFORD AND 
5979RECEIVED HER UNDERGRADUATE 
5980DEGREE FROM THE UNIVERSITY OF 
5981SOUTHERN CALIFORNIA.
5982WELCOME.
5983>>CHAIRMAN PAI:  WELCOME ABOARD.
5984>> I WOULD LIKE TO INTRODUCE 
5985EVAN HE IS JOINING MY OFFICE AS 
5986AN ADVISOR ON MEDIA REGULATION.
5987YOU HAVE TO STAND UP.
5988IT'S TRADITION AROUND HERE.
5989PART OF THE GRILLING.
5990HE STARTED WITH US TWO WEEKS AGO 
5991SO HAS FOUND THE PACE AROUND THE 
5992COMMISSION TO BE A LITTLE SLOW 
5993AND THE PUBLIC INTEREST IN OUR 
5994WORK A BIT UNDERWHELMING.
5995I TOLD HIM JUST WAIT UNTIL WE 
5996TAKE UP POLE ATTACHMENTS AGAIN.
5997THAT'S THE THING THAT'S 
5998INTERESTING AROUND HERE THEY 
5999BRING IN C-SPAN TO HELP COVER 
6000IT.
6001BUT IN ALL SERIOUSNESS I'M 
6002DELIGHTED HE JOINED THE OFFICE 
6003AND HAS A KEEN INSTINCT FOR 
6004COMMUNICATION POLICY WORKING AT 
6005TECH FREEDOM ON A BROAD RANGE OF 
6006TELECOM ISSUES FROM BROADCASTING 
6007AND BROADBAND DEPLOYMENT AND I 
6008LOOK FORWARD TO RELYING ON HIS 
6009EXPERTISE AS WE MOVE FORWARD AND 
6010RECEIVE THE REGULATORY 
6011BACKWATERS.
6012WITH THE NEW ADDITION THAT MEANS 
6013MY OFFICE NO LONGER GETS THE 
6014CHANCE TO BENEFIT FROM THE GOOD 
6015WORK OF KEVIN HOLMES WAS SPENT 
6016SERVING AS AN ACTING LEGAL 
6017ADVISOR IN MY OFFICE SINCE 
6018AUGUST.
6019HE'S BEEN AN INVALUABLE MEMBER 
6020OF MY TEAM AND I AM GRATEFUL FOR 
6021HIS CONTRIBUTIONS INCLUDING MANY 
6022WIRELESS INFRASTRUCTURE ITEMS 
6023WE'VE TAKEN OUT.
6024I'M GLAD THE COMMISSION WILL 
6025CONTINUE TO BENEFIT FROM HIS 
6026PUBLIC SERVICE.
6027>>CHAIRMAN PAI:  THANK YOU.
6028COMMISSIONER ROSENWORCEL.
6029>>COMMISSIONER ROSENWORCEL:  I 
6030WANT TO WELCOME JESSICA MARTINEZ 
6031TO MY STAFF AT THE FCC AND TO 
6032THIS FIRST MEETING.
6033SHE COMES TO MY OFFICE FROM THE 
6034U.S. HOUSE ENERGY COMMERCE 
6035COMMITTEE DEMOCRATIC STAFF WHERE 
6036SHE SERVED AS OUTREACH AND 
6037MEMBER SERVICES COORDINATOR.
6038SHE HAS ALSO SERVED THAT'S THE 
6039COMMUNICATION DIRECTOR FOR THE 
6040HISPANIC STAFF ASSOCIATION.
6041BEFORE HER TIME ON CAPITOL HILL 
6042SHE SERVED AS AN ASSOCIATE WITH 
6043THE STRATEGIC FIRM WHICH FOCUSED 
6044ON HEALTH CARE POLICY AND HER 
6045PRIOR EXPERIENCE ALSO INCLUDES 
6046TIME AS A FELLOW WITH THE 
6047PROGRESS OF CAUCUS AN INTERNSHIP 
6048WITH THE DEMOCRATIC STEERING AND 
6049OUTREACH COMMITTEE AND AS THE 
6050LATINO OUTREACH COORDINATOR FOR 
6051THE UTAH STATE DEMOCRATIC PARTY.
6052SHE IS THE DAUGHTER OF MEXICAN 
6053IMMIGRANTS AND PUT HERSELF IN 
6054THE UNIVERSITY OF UTAH AS A 
6055WAITRESS AND A FORKLIFT DRIVER.
6056THE WE'VE GOT DOUBLE THE 
6057JESSICA'S IN THE OFFICE AND 
6058SOMEONE WHO WORKS WITH A FORK 
6059WITH DRIVER AND LAST MONTH WE 
6060INTRODUCED YOU TO SOMEONE WHO 
6061WORKED AS A FIREFIGHTER AND THE 
6062MONTH BEFORE IT WAS KATE WHO IS 
6063PUBLISHING A BOOK ENTITLED BAD 
6064ASS WOMEN.
6065SO THE NET OF THAT IS MESS WITH 
6066US AT YOUR PERIL.
6067[LAUGHING]
6068WELCOME, JESSICA.
6069>>COMMISSIONER O'RIELLY:  DOUBLE 
6070THAT JESSICA.
6071I HAD THE CHANCE TO MEET THE 
6072STAFF AND HAPPEN TO KNOW I'VE 
6073WORKED WITH THEM IN THE PAST AND 
6074I LOOK FORWARD TO WORKING WITH 
6075THEM IT'S A PLEASURE IN MY STAFF 
6076WORKS -- LOOKS FORWARD TO 
6077WORKING WITH THEM.
6078>>CHAIRMAN PAI:  I'VE A FEW 
6079ANNOUNCEMENT FIRST PAT CARNEY, I 
6080DON'T KNOW IF HE IS HERE.
6081SO PAT IS WELL KNOWN TO 
6082EVERYBODY HERE AT THE COMMISSION 
6083IF YOU'VE EVER HAD AN ETHICAL 
6084ISSUE, PAT IS THE KEY GUY.
6085HE IS THE HEAD OF THE ETHICS 
6086TEAM AND OFFICE OF GENERAL 
6087COUNSEL.
6088HE JOINED THE ETHICS TEAM IN 
60891995 AFTER SPENDING TWO DECADES 
6090IN THE NAVY.
6091HE SERVED AS AN OFFICER.
6092OBTAINING THE RANK OF CAPTAIN 
6093AND SERVES THE COMMISSION AS 
6094ASSISTANT GENERAL COUNSEL FOR 
6095ETHICS SINCE 2002.
6096HE EARNED THE FCC SILVER MEDAL 
6097FOR MERITORIOUS SERVICE, THE 
6098PUBLIC SERVICE AWARD AND THE FCC 
6099OUTSTANDING GOVERNMENT SERVICE 
6100AWARD.
6101PAT'S STEWARDSHIP OF THE ETHICS 
6102PROGRAM HAS BEEN INCREDIBLE.
6103HE'S ONE OF THOSE GUYS THAT IF 
6104YOU DON'T APPRECIATE THE JOB HE 
6105DOES BECAUSE HE DOESN'T 
6106CONSISTENTLY SELL WELL AND IF HE 
6107DIDN'T DO IT YOU WOULD NOTICE 
6108IT.
6109MORE IMPORTANTLY, HE IS A GEM OF 
6110A HUMAN BEING.
6111I'VE HAD THE CHANCE TO WORK WITH 
6112HIM AT THE GENERAL COUNSEL NOW 
6113IN MY CURRENT ROLE AND HE ALWAYS 
6114HAS AND EVEN TEMPERAMENT, A 
6115SMILE ON HIS FACE AND A 
6116GENUINELY GOOD HARD SO WHEREVER 
6117YOU ARE, GODSPEED, THANK YOU TO 
6118YOUR SERVICE WE ARE GRATEFUL TO 
6119CALL YOU A COLLEAGUE AND FRIEND.
6120NEXT JANE JACKSON.
6121I DON'T KNOW IF JANE IS HERE.
6122PROBABLY BOTH HARD AT WORK.
6123SO JANE ALSO IS DEPARTING THE 
6124COMMISSION.
6125SHE BEGAN HER CAREER HERE IN 
61261976 IN THE FCC'S FIRST 
6127CABLE-TELEVISION BUREAU.
6128AFTER SERVING AS AN ATTORNEY AT 
6129PBS AND AS A LAW PROFESSOR SHE 
6130RETURNED TO THE FCC IN 1980 TO 
6131SERVE AS THE IMPLEMENTATION TASK 
6132FORCE.
6133THAT'S A THROWBACK FOR YOU.
6134THE NEXT YEAR SHE JOINED THE 
6135ACCOUNTING AND AUDIT DIVISION 
6136WHERE SHE SERVED AS CHIEF OF THE 
6137LEGAL BRANCH IN 1991.
6138IN 1993-94 PRACTICE IN PRIVATE 
6139SECTOR AND YET AGAIN GODFATHER 
6140STYLE WE PULLED HER BACK INTO 
6141THE POLICY DIVISION.
6142SHE WAS PROMOTED TO DEPUTY CHIEF 
6143AND THEN CHIEF OF THE DIVISION 
6144IN THE WIRELINE BUREAU AND FROM 
61452001-5 SHE SERVED AS ASSOCIATE 
6146BUREAU CHIEF AND FROM 2015 UNTIL 
61472014 AS THE BUREAU CHIEF WITH 
6148THE WIRELESS TELECOMMUNICATIONS 
6149BUREAU, WHICH IS WHERE THE 
6150CHANCE TO FIRST MEET HER.
6151SINCE 2014 THE OFFICE OF GENERAL 
6152COUNSEL HAS HAD THE INCREDIBLE 
6153GOOD FORTUNE OF HAVING HER SERVE 
6154AS A SPECIAL COUNSEL IN THE 
6155ADMINISTRATIVE LAW DIVISION 
6156WHERE HER UNPARALLELED EDITING 
6157AND PROBLEM-SOLVING HAVE BEEN 
6158ASSETS.
6159THANK YOU, JANE WHEREVER YOU ARE 
6160FOR YOUR WORK AS WELL.
6161SOMBER FAREWELL ALSO.
6162WE ARE SADDENED TO LEARN OF THE 
6163SUDDEN PASSING OF ED LEE, THE 
6164MAYOR OF SAN FRANCISCO AND A 
6165MEMBER OF THE FCC 
6166INTERGOVERNMENTAL ADVISORY 
6167COMMITTEE.
6168HE WAS BORN IN 1952 IN THE 
6169SEATTLE NEIGHBORHOOD OF BEACON 
6170HILL IN ONE OF SIX CHILDREN OF 
6171CHINESE IMMIGRANTS WHO CAME TO 
6172THE UNITED STATES IN THE 
61731930s.
6174THE 43RD MAYOR OF SAN FRANCISCO 
6175AND FIRST-EVER ASIAN-AMERICAN 
6176ELECTED TO THAT POSITION.
6177A MEMBER OF THE CONGRESS OF 
6178MAYORS WHERE HE SERVED AS CHAIR 
6179OF THE TECHNOLOGY INNOVATION 
6180TASK FORCE.
6181I POINT OUT IS A MEMBER OF THE 
6182INTERGOVERNMENTAL ADVISORY 
6183COMMITTEE IN JUNE OF 2014 AND 
6184APPOINTED TO THAT POSITION AND 
6185CURRENTLY SERVING SECOND 
6186APPOINTMENT AFTER HIS TERM 
6187EXPIRED IN 2016.
6188HE PASSED AWAY SUDDENLY LAST 
6189TUESDAY OR THIS PAST TUESDAY, 
6190DECEMBER 12 AT THE AGE OF 65.
6191'S LEGACY SERVES AS AN 
6192INSPIRATION TO ALL AMERICANS AND 
6193WE WISH HIS WIFE AND ENTIRE 
6194FAMILY OUR SINCEREST 
6195CONDOLENCES.
6196LAST, BUT NOT LEAST I JUST WANT 
6197TO TAKE A BRIEF MINUTE TO 
6198EXPRESS MY SUPPORT AND PRAYERS 
6199TO THOSE AFFECTED BY THE 
6200WILDFIRES CURRENTLY RAGING IN 
6201SOUTHERN CALIFORNIA.
6202TO GET A SENSE OF THE 
6203DEVASTATION REPORTS INDICATE AS 
6204OF YESTERDAY MORE THAN 
6205263,000 ACRES, THAT'S LARGER 
6206THAN NEW YORK CITY HAS BEEN 
6207BURNED AND HUNDREDS OF THOUSANDS 
6208OF PEOPLE HAVE BEEN FORCED TO 
6209EVACUATE.
6210IN ADDITION TO MY CONCERN FOR 
6211THE SAFETY OF THOSE IN HARM WAYS 
6212I WANT TO EXTEND MY GRATITUDE TO 
6213THE OVER 8,500 FIREFIGHTERS AND 
6214STRIKE TEAMS AND FIRST 
6215RESPONDERS ON THE FRONT LINES 
6216HELPING TO KEEP PEOPLE SAFE.
6217IT'S CLEARLY A TIME TO PULL 
6218TOGETHER AND I'M HEARTENED TO 
6219LEARN OVER 700 FIREFIGHTERS HAVE 
6220PROVIDED AND CONTINUE TO PROVIDE 
6221MUTUAL AID ASSISTANCE TO 
6222CALIFORNIA.
6223THE FCC STANDS READY AND WILLING 
6224AND ABLE TO ASSIST THE FIRST 
6225RESPONDERS ON THE GROUND AND TO 
6226ENSURE EMERGENCY 9-1-1 CALL 
6227CENTERS REMAIN ACCESSIBLE TO 
6228ALL.
6229I'M PLEASED TO HEAR REPORTS IN 
6230THE PRESS THAT WIRELESS 
6231EMERGENCY ALERTS FOR AFFECTED 
6232COMMUNITIES INCLUDING CLICKABLE 
6233URLS AND TEXT MESSAGES.
6234THEY HAVE GIVEN PEOPLE DIRECT 
6235ACCESS TO ADDITIONAL PUBLIC 
6236SAFETY INFORMATION.
6237IN ADDITION TO REPORTING ON 
6238WIRELESS AND WIRELINE 
6239COMMUNICATION WE HAVE ALSO BEEN 
6240BUNDLING BROADCAST RADIO AND 
6241TELEVISION COMMUNICATION TO 
6242AFFECTED AREAS.
6243AS WE'VE SEEN AND I'VE 
6244PERSONALLY SEEN IN OTHER 
6245EMERGENCY SCENARIOS INCLUDING 
6246HURRICANE HARVEY AND MARIA AND 
6247IRMA BROADCASTER SERVING AS 
6248CRITICAL FOR SOURCES OF RELIABLE 
6249INFORMATION FOR THE PUBLIC AND 
6250FOR THE VICTIMS OF DISASTERS.
6251ACCORDING TO NAB AND NIELSEN 
6252OVER 1 MILLION RESIDENTS TUNE 
6253INTO LOCAL NEWSCASTS ON 
6254BROADCAST STATIONS LAST WEEK 
6255THEN IN THE PREVIOUS WEEK AS 
6256WILDFIRES SPREAD ACROSS SOUTHERN 
6257CALIFORNIA.
6258I DARESAY I SPEAK FOR MANY OF MY 
6259COLLEAGUES WHEN I SAY I'M 
6260GRATEFUL FOR THE LOCAL 
6261BROADCASTERS WORKING AROUND THE 
6262CLOCK TO PROVIDE CALIFORNIANS 
6263WITH TRUSTED UP TO DATE SOURCES 
6264OF NEWS AND EMERGENCY 
6265INFORMATION THAT DURING THIS 
6266TIME OF THE CRISIS.
6267IF MY COLLEAGUES HAVE NO FURTHER 
6268ANNOUNCEMENTS --
6269>>COMMISSIONER CLYBURN:  THANK 
6270YOU.
6271IT'S SO INTERESTING AND 
6272APPROPRIATE THAT WE END THE 
6273MEETING THE WAY WE BEGAN IT, 
6274UNDERSCORING OUR MISSION AND OUR 
6275GOAL FOR PUBLIC SAFETY SO MY 
6276CONDOLENCES AS YOU MENTIONED TO 
6277THE FAMILY OF MERELY.
6278I'M STUNNED.
6279I CAN'T IMAGINE THE PAIN THAT 
6280HIS FAMILY AND THE CITY IS 
6281EXPERIENCING AND EVEN THOUGH I 
6282WAS NOT ABLE TO THANK HIM BUT I 
6283THANK HIM FOR HIS SERVICE.
6284PAT CARNEY AND JANE JACKSON, I 
6285KNEW IT WAS COMING, I JUST 
6286STARTED SHAKING INSIDE.
6287I CAN'T IMAGINE I WOULD HAVE THE 
6288EXPERIENCE NOT WITHOUT THOSE 
6289PEOPLE NOT THAT I'M WATCHING OUR 
6290MONITORING.
6291I DON'T WANT TO PUT THAT OUT 
6292THERE, BUT THE FACT THAT I KNEW 
6293I HAD A BACK STOP GAVE ME GREAT 
6294COMFORT.
6295I HOPE THEY DON'T LEAVE.
6296I HOPE THEY CHANGE THEIR MIND 
6297AND I HOPE SOMEHOW WE ARE ABLE 
6298TO USE THAT INFLUENCE BUT SHORT 
6299OF THAT I WANT TO THANK THEM FOR 
6300THEIR SERVICE AND NO MATTER HOW 
6301SILLY THE QUESTION OR HOW MAD I 
6302MIGHT HAVE TRIED TO TALK THEM 
6303INTO ONE OF TWO THINGS THAT 
6304ALWAYS KEPT ME COMPLIANT AND I 
6305WANT TO SAY THANK YOU AND, 
6306AGAIN, WHAT CALIFORNIA IS GOING 
6307THROUGH IS JUST -- IT'S SO REAL.
6308BUT AS YOU'VE MENTIONED YOU WANT 
6309TO THINK THE FIRST RESPONDERS, 
6310OUR STAFF OUT ON THE WEST COAST 
6311 
6312FORGIVING THE SUPPORT THEY NEED 
6313AND JUST THOUGH YOU SAW A LOT OF 
6314DIFFERENCES AND DIFFERING 
6315OPINIONS, AGAIN YOU WITNESSED 
6316TODAY THE ONE THING THAT UNIFIES 
6317US IS OUR COMMITMENT TO SERVE 
6318PARTICULARLY WHEN IT COMES TO 
6319THE PUBLIC SAFETY OF THIS 
6320NATION.
6321YOU WILL NOT HEAR ANYONE HAVE A 
6322CROSSWORD WITH EACH OTHER WHEN 
6323IT COMES TO THAT SO THANK YOU 
6324FOR UNDERSCORING AND ENDING BY 
6325UNDERSCORING OUR MISSION.
6326>>CHAIRMAN PAI:  WELL SAID 
6327COMMISSIONER CLYBURN.
6328I COMPLETELY AGREE AND WITH THAT 
6329I WILL TURN TO MADAM SECRETARY 
6330TO ANNOUNCE THE DATE OF THE NEXT 
6331FCC AGENDA MEETING.
6332>> THE NEXT MEETING IS TUESDAY 
6333JANUARY 30, 2018.
6334>>CHAIRMAN PAI:  WITH THAT THE 
6335COMMISSION MEETING IS ADJOURNED.