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Oversight of the Federal Communications Commission OVERSIGHT OF THE FEDERAL COMMUNICATIONS COMMISSION HEARING BEFORE THE SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS SECOND SESSION JULY 10, 2012 Serial No. 112–160 ( Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PRINTING OFFICE 81–703 PDF WASHINGTON : 2014 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 14:41 Mar 27, 2014 Jkt 037690 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\112-16~1\112-16~1 WAYNE COMMITTEE ON ENERGY AND COMMERCE FRED UPTON, Michigan Chairman JOE BARTON, Texas HENRY A. WAXMAN, California Chairman Emeritus Ranking Member CLIFF STEARNS, Florida JOHN D. DINGELL, Michigan ED WHITFIELD, Kentucky Chairman Emeritus JOHN SHIMKUS, Illinois EDWARD J. MARKEY, Massachusetts JOSEPH R. PITTS, Pennsylvania EDOLPHUS TOWNS, New York MARY BONO MACK, California FRANK PALLONE, JR., New Jersey GREG WALDEN, Oregon BOBBY L. RUSH, Illinois LEE TERRY, Nebraska ANNA G. ESHOO, California MIKE ROGERS, Michigan ELIOT L. ENGEL, New York SUE WILKINS MYRICK, North Carolina GENE GREEN, Texas Vice Chairman DIANA DEGETTE, Colorado JOHN SULLIVAN, Oklahoma LOIS CAPPS, California TIM MURPHY, Pennsylvania MICHAEL F. DOYLE, Pennsylvania MICHAEL C. BURGESS, Texas JANICE D. SCHAKOWSKY, Illinois MARSHA BLACKBURN, Tennessee CHARLES A. GONZALEZ, Texas BRIAN P. BILBRAY, California TAMMY BALDWIN, Wisconsin CHARLES F. BASS, New Hampshire MIKE ROSS, Arkansas PHIL GINGREY, Georgia JIM MATHESON, Utah STEVE SCALISE, Louisiana G.K. BUTTERFIELD, North Carolina ROBERT E. LATTA, Ohio JOHN BARROW, Georgia CATHY MCMORRIS RODGERS, Washington DORIS O. MATSUI, California GREGG HARPER, Mississippi DONNA M. CHRISTENSEN, Virgin Islands LEONARD LANCE, New Jersey KATHY CASTOR, Florida BILL CASSIDY, Louisiana JOHN P. SARBANES, Maryland BRETT GUTHRIE, Kentucky PETE OLSON, Texas DAVID B. MCKINLEY, West Virginia CORY GARDNER, Colorado MIKE POMPEO, Kansas ADAM KINZINGER, Illinois H. MORGAN GRIFFITH, Virginia SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY GREG WALDEN, Oregon Chairman LEE TERRY, Nebraska ANNA G. ESHOO, California Vice Chairman Ranking Member CLIFF STEARNS, Florida EDWARD J. MARKEY, Massachusetts JOHN SHIMKUS, Illinois MICHAEL F. DOYLE, Pennsylvania MARY BONO MACK, California DORIS O. MATSUI, California MIKE ROGERS, Michigan JOHN BARROW, Georgia MARSHA BLACKBURN, Tennessee DONNA M. CHRISTENSEN, Virgin Islands BRIAN P. BILBRAY, California EDOLPHUS TOWNS, New York CHARLES F. BASS, New Hampshire FRANK PALLONE, JR., New Jersey PHIL GINGREY, Georgia BOBBY L. RUSH, Illinois STEVE SCALISE, Louisiana DIANA DEGETTE, Colorado ROBERT E. LATTA, Ohio JOHN D. DINGELL, Michigan (ex officio) BRETT GUTHRIE, Kentucky HENRY A. WAXMAN, California (ex officio) ADAM KINZINGER, Illinois JOE BARTON, Texas FRED UPTON, Michigan (ex officio) (II) VerDate Aug 31 2005 14:41 Mar 27, 2014 Jkt 037690 PO 00000 Frm 00002 Fmt 0486 Sfmt 5904 F:\112-16~1\112-16~1 WAYNE CONTENTS Page Hon. Greg Walden, a Representative in Congress from the State of Oregon, opening statement ................................................................................................ 1 Prepared statement .......................................................................................... 3 Hon. Lee Terry, a Representative in Congress from the State of Nebraska, opening statement ................................................................................................ 4 Hon. Joe Barton, a Representative in Congress from the State of Texas, opening statement ................................................................................................ 4 Prepared statement .......................................................................................... 5 Hon. Anna G. Eshoo, a Representative in Congress from the State of Cali- fornia, opening statement .................................................................................... 7 Hon. Doris O. Matsui, a Representative in Congress from the State of Cali- fornia, opening statement .................................................................................... 8 Hon. Fred Upton, a Representative in Congress from the State of Michigan, opening statement ................................................................................................ 8 Prepared statement .......................................................................................... 10 Hon. Cliff Stearns, a Representative in Congress from the State of Florida, opening statement ................................................................................................ 11 Hon. Henry A. Waxman, a Representative in Congress from the State of California, opening statement ............................................................................. 11 Hon. Donna M. Christensen, a Representative in Congress from the Virgin Islands, opening statement ................................................................................. 13 WITNESSES Julius Genachowski, Chairman, Federal Communications Commission ............ 13 Prepared statement .......................................................................................... 16 Answers to submitted questions ...................................................................... 97 Robert M. McDowell, Commissioner, Federal Communications Commission .... 21 Prepared statement .......................................................................................... 23 Answers to submitted questions ...................................................................... 141 Mignon L. Clyburn, Commissioner, Federal Communications Commission ....... 39 Prepared statement .......................................................................................... 41 Answers to submitted questions ...................................................................... 155 Jessica Rosenworcel, Commissioner, Federal Communications Commission ..... 46 Prepared statement .......................................................................................... 48 Answers to submitted questions ...................................................................... 164 Ajit Pai, Commissioner, Federal Communications Commission .......................... 52 Prepared statement .......................................................................................... 54 Answers to submitted questions ...................................................................... 175 SUBMITTED MATERIAL Letter, dated June 6, 2012, from Mr. Gingrey, et al., to Julius Genachowski, Chairman, Federal Communications Commission, submitted by Mr. Gingrey .................................................................................................................. 89 (III) VerDate Aug 31 2005 14:41 Mar 27, 2014 Jkt 037690 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 F:\112-16~1\112-16~1 WAYNE VerDate Aug 31 2005 14:41 Mar 27, 2014 Jkt 037690 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 F:\112-16~1\112-16~1 WAYNE OVERSIGHT OF THE FEDERAL COMMUNICATIONS COMMISSION TUESDAY, JULY 10, 2012 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY, COMMITTEE ON ENERGY AND COMMERCE, Washington, DC. The subcommittee met, pursuant to call, at 10:20 a.m., in room 2123 of the Rayburn House Office Building, Hon. Greg Walden (chairman of the subcommittee) presiding. Members present: Representatives Walden, Terry, Stearns, Shimkus, Bono Mack, Rogers, Blackburn, Bass, Gingrey, Scalise, Latta, Guthrie, Kinzinger, Barton, Upton (ex officio), Eshoo, Mar- key, Doyle, Matsui, Barrow, Christensen, DeGette, Schakowsky, Dingell (ex officio), Sand Waxman (ex officio). Staff present: Gary Andres, Staff Director; Ray Baum, Senior Policy Advisor/Director of Coalitions; Neil Fried, Chief Counsel, Communications and Technology; Debbee Keller, Press Secretary; Alexa Marrero, Communications Director; Gib Mullan, Chief Coun- sel, Commerce, Manufacturing, and Trade; David Redl, Counsel, Communications and Technology; Charlotte Savercool, Executive Assistant; Lyn Walker, Coordinator, Admin/Human Resources; Daniel Tyrrell, Counsel, Oversight and Investigations; Shawn Chang, Democratic Senior Counsel; Margaret McCarthy, Demo- cratic Professional Staff Member; Roger Sherman, Democratic Chief Counsel; David Strickland, FCC Detailee, Counsel; and Kara van Stralen, Democratic Special Assistant. OPENING STATEMENT OF HON. GREG WALDEN, A REPRESENT- ATIVE IN CONGRESS FROM THE STATE OF OREGON Mr. WALDEN. Good morning. I want to welcome a fully con- stituted Federal Communications Commission to our subcommittee today, and I extend a special greeting to the newest Commissioners Rosenworcel and Pai. We are delighted to have you both here. You will find that the members of this subcommittee take their work seriously and are fully observant of the activities at the Federal Communications Commission, observant of the changes in the audio, video and data marketplaces, and the need to keep the Internet free from government control, foreign or domestic. We do our research, and we complete our work. I want to congratulate Commissioner McDowell for his fine re- marks in Rome in June. You, more than anyone I know, have con- sistently and forcefully stood up for a free and open Internet. Our subcommittee has heeded your message and, thanks to the leader- (1)
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