The Honorable Julius Genachowski
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
DONALD M. PAYNE
1DTH DISTRICT, NEW JERSEY
COMMITTEE ON FOREIGN AFFAIRS
$UBCQMMITIEE ON AFRICA AND GLOBAL HEALTH
CHAIRMAN
SUBCOMMITIEE ON THE WESTERN HEMISPHERE
SUBCOMMITTEE ON INTERNATIONAL
ORGANIZATIONS, HUMAN RIGHTS. AND
OVERSIGHT
COMMITTEE ON EDUCATION
AND LABOR
SUBCOMMITIEE ON WORKFORCE PROTECTIONS
SUBCOMMITTEE ON EARLY CHILDHOOD,
ELEMENTARY AND SECONDARY EDUCATION
AT-LARGE WHIP
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wmIasbfngton, 1DClC 20515-3010
January 15,2010
WASHINGTON OFFICE
2209 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-3010
(202) 225-3436
DISTRICT OFFICES
MARTIN LUTHER KING, JR.
FEDERAL BUILDING AND COURTHOUSE
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JERSEY CiTY, NJ 07305
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Re: Notice ofEx Parte Presentation
MB Docket Nos. 07-29 and 07-198
Dear Chairman Genachowski:
I am writing in regards to the Commission's pending plan to adopt an Order on program access
next week. This is a matter of importance to my constituents and I would appreciate your
consideration ofmy concerns.
I understand from recent press reports that the Commission may conclude that a video provider
can petition the FCC to compel another video provider that owns a programming service to share
that programming, even if the programming is delivered terrestrially. If you do proceed with
such an approach, I urge you to create a balanced process that is fair to both parties to assess
complaints, with no presumptions as to when programming should be shared.
In these challenging economic times, many media companies have been working hard to'avoid
lay-offs, including in my District. It is important that the public sector, including the FCC, does
not do anything that effectively prohibits or jeopardizes investment in innovative content, new
technology, and local programming given their positive impacts on the economy.
Thank you for considering this important request.
Sincerely,
~14~
Donald M. Payne
Member ofCongress