ALBIO SIRES
13TH DISTRICT, NEW JERSEY
COMMITTEE ON FOREIGN AFFAIRS
SUBCDMMITTEES:
WESTERN HEMISPHERE
EUROPE
COMMITTEE ON TRANSPORTATION
AND INFRASTRUCTURE
SUBCOMMITTEES;
HIGHWAYS AND TRANSIT
RAILROADS, PIPELINES, AND
HAZARDOUS MATERIALS
WEBSITE: HTTP://www .HOUSE .GOVISIRES
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20515-3013
1024 LONGWORTH HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
1202) 225-7919
35 JOURNAL SQUARE, SUITE 906
JERSEY CITY, NJ 07306
(201) 222-2828
5500 PALISADE AVENUE, SUITE A
WEST NEW YORK, NJ 07093
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(732) 969-9160
January 14,2010
The Honorable Julius Genachowski
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
Re: Notice ofEx Parte Presentation
MB Docket Nos. 07-29 and 07-198
Dear Chairman Genachowski:
I am writing in regards to an important issue that is currently being considered by the
Commission.
According to the tentative agenda ofthe Commission's most recent meeting notice, on
January 20
th
the Commission will meet to discuss the creation ofa process under which a
video provider can petition the FCC to compel another video provider that owns a
programming service to share that programming, even ifthe programming is delivered
terrestrially. As prescribed in the law, a video provider must prove that its competitor's
withholding ofthe programming is "unfair or deceptive" and "significantly hinders" or
"prevents" the complaining party from providing service. I urge you to ensure that the
test used to assess tht>v~li"f; v ( ueb a mp is j tir t
n
. lotI. parties and does not
contain any presumptiou;:>.
It is particularly critical that during these challenging economic times that no public
entities, including the FCC, enact new processes that would effectively prohibit or
jeopardize investment in innovative content, new technology, and local programming
given their positive impacts on the local economy in New Jersey and across the nation.