tlnitcd~tatcs~cnatc SHERROD BROWN OHIO COMMITIEES: AGRICULTURE, NUTRITION, AND FORESTRY BANKING, HOUSING, AND URBAN AFFAIRS HEALTH, EDUCATION, LABOR, AND PENSIONS VETERANS' AFFAIRS SELECT COMMITTEE ON ETHICS Julius Genachowski Chairman Federal Communications Commission 445 12th St. SW Washington, District ofColumbia 20554 WASHINGTON, DC 20510 November 16,2009 RE: Petitions for Declaratory Ruling Regarding Public, Educational and Governmental Access Channels, MB Docket No. 09-13, CSR 8126 (ACM et al.), CRS 8127 (City ofLansing, MI), and CSR 8128 (City ofDearborn, MI et al.) Dear Chairman Genachowski: Last Spring, I was made aware ofa situation that affects local public, educational, and governmental access ("PEG") channels in Ohio. On January 30,2009, the Alliance for Community Media and a coalition ofcommunity media groups, municipalities, and regional organizations filed a Petition for Declaratory Ruling regarding the treatment oflocal PEG channels on the AT&T U-verse cable TV system. PEG access is currently required by law to be treated the same in quality, placement, and functionality as local broadcast channels on cable systems. In a separate Petition for Declaratory Ruling, a group ofMichigan cities led by Dearborn has asked for relief concerning Comcast's plan to digitize PEG channels, requiring basic service subscribers to pay extra just to continue to receive PEG channels. Like AT&T's practices, there is concern that Comcast's practices may be contrary to law and could threaten the future ofPEG. In March of2009, I wrote a letter to Acting Chairman Michael Copps requesting that the FCC give prompt considerationto the Alliance's Petition and Dearborn's Petition. I am hoping that you can provide me with an update ofthis situation. PEG Access is an important resource for Ohio citizens and I hope that the Commission will soon produce a ruling that is fair, efficient, and deliberate. I appreciate your attention to this matter. Sincerely, ~def/~ Sherrod Brown United States Senator SB:df PRINTED ON RECYCLED PAPER