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TAMMY BALDWIN
2ND DISTRICT, WISCONSIN
Website: lammybaldwin.house.gov
COMMlTIEE ON
ENERGY AND COMMERCE
SUBCOMMITTEE ON HEi\[.TH
SUBCOMMITTEE ON
ENERGY AND ENVIRONMF.NT
COMMTITEE ON
THE JUDICIARY
SUHCOMMITTEE ON
CONSTITUTION, CIVIL RIGHTS AND
CIVIL LIBERTIES
August 26, 2009
([ongre£)s of tbe Wniteb~tates
J.Jouge of !\epregentatibes
wmasuington,1»(( 20515
2446 RAYlllJRN HOUSE OFFICe BUILDING
WASHINGTON, DC 20515
TEL.: (202) 225-2906
FAx: (202) 225-6942
I0 EAST DoTY STRE[,.-r, SUITE 405
MADISON, WI 53703
TEL.: (608) 258-9800
FAX: (608) 25&-9808
400 EAST GRAND AVENUE, SllTTE 402
BELOIT. WI 53511
TEl..: (608) 362-2800
FAX: (608) 362-2838
Honorable Julius Genachowski
Honorable Michael Copps
Honorable Robert McDowell '
Honorable Mignon Clyburn
Honorable Meredith Attwell Baker
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Re: In the Matter ofPetitions for Declaratory Ruling Regarding Public, Educational, and
Governmental Programming MB Docket No. 09-13, CSR-8126, CSR-8127, CSR-8128
Dear Chairman Genachowski and Commissioners Copps, McDowell, Baker and Clyburn:
I write to urge the Commission to act promptly on the above-referenced Petitions to
address the grave and immediate challenges that communities all across the country are
facing with respect to the carriage ofpublic, educational and governmental ("PEG")
channels.
The first ofthese Petitionsw~sprompted by an Order issued in November 2008 by the
United States District Court for the. EasternDistrict ofMichigan. The other two were
prompted by AT&T's treatme.nt bfPEG channels. The Petitions show that AT&T and
Corncast are exercising inappropriate control over PEG channels to make them less
accessible to viewers, and are claiming the right to provide PEG channels without the
functionality, at a lower quality or at an effectively higher price than, for example,
broadcast channels carried on the basic cable service tier.
The issues raised by these Petitions have been under discussion for some time. For
example, in December 2007, Chairman Dingell copied the FCC on a letter he sent to
Comcast CEO Brian Roberts questioning the~ompany's PEG practices in Michigan.
Additionally, there were two congressional hearings on these issues before the Petitions
were even filed at the FCC. The first hearing on PEG programming was held on January
29, 2008, before the House Energy' and Committee Subcommittee on
Telecommunications and the Internet. The second was held on September 17, 2008, by
the House Appropriations Subcommittee on Financial Services and General Government.
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Then-Chairman Martin was asked to investigate the PEG issues by members ofthe
House Subcommittee on Financial Services and General Government by a letter dated
September 30,2008. Similar concerns were raised in a September 23,2008 letter to
Charter Communications, signed by members ofthe Wisconsin delegation, a copy of
which was sent to the Commission.
The Petitions referenced above were filed on December 9, 2008, January 27,2009, and
January 30,2009, respectively. In May, Acting Chairman Copps advised Chairman
Serrano that it was appropriate and possible for the Commission to act on the pending
PEG Petitions promptly.
Further delay in acting on these Petitions is resulting in very real damage to the PEG
community. It is unfair to require or expect local communities and PEG users to bear the
burden ofprosecuting claims that should rightly be resolved and championed by the
Federal Communications Commission. The non-profit organizations, educational
institutions and local governments that program PEG channels have very limited
resources. Every day ofdelay in acting on the Petitions increases costs to PEG channels
and threatens to shrink their audiences.
Indeed, our office has received indications that PEG problems are increasing and there is
even more urgent need for swift action. While I understand that issues surrounding the
DTV transition may have prevented the Commission from acting on the Petitions this
si.I.mmer, I hope these critical Petitions will no longer be permitted to linger. Please let
me know when we might expect action by the Commission in this matter. Ifyou have
any questions, please contact Amber Shipley on my staffat 202-225-2906.
Sincerely,
7
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~in
Member ofCongress
~26/2009",06 FAX
2022256942
CONGRESSWOMAN T BALDWIN
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