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PHoNE: (202) 225-6161
Fex: (2021 225-8671
E-MArL: coNc.BAcA@MAtL.HousE.cov
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2Ol NoRrH E SrREEr, SurrE 102
Saru Benrunnorruo, CA 924O1
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FAX: (9Og) 888-5959
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March 1,2010
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 l2th Sheet SW
Washington,DC 20554
Dear Chairman Genachowski:
I thank you for meeting with the Congressional Hispanic Caucus (CHC) to share your ideas about the
National Broadband Plan and to listen to our concerns. As I mentioned in our meeting, below are the
questions that were shared with you. I would greatly appreciate a written response before March 16,
2010.
I shared the following questions with you directly:
1. Hispanic advocacy groups have voiced their concerns that there is a lack of agency support of funding
for assistance for media and telecomm ownership by women and minorities. What are your plans to
address these concerns?
Please explain specifically how the FCC fully investigated the impact of proposed rules on minority
Intemet usage and how this information was included in the National Broadband Plan that will be
submitted to Congress in a few weeks?
What is the FCC doing about addressing the need for multilingual broadcasts during national or
regional emergencies?
Why is it that only 4Yo of advertising investment goes to Hispanic media, when Hispanics represent
l5% of the population? Can you explain why this gap exists? Hispanic media should be getting its
fair share in parity with our percentage of the population.
In regards to diversity within the FCC, what are you as Chairman doing specifically to bring in more
Hispanics to fill substantive senior level positions in your agency? Within your offices, the other
commissioners' offices, consultants etc.? How can the cHC work with you on this?
After you submit the National Broadband Plan, what are the next steps for the FCC and how will
Congress be involved?
In my District, we have l4o/ounemployment, my constituents want jobs. The National Broadband
Plan as you said, can be an "engine for creating jobs". How will you ensure that the National
Broadband Plan creates good paying, union jobs that can in turn spur the local economies in every
District, not just in Silicon Valley?
Is the FCC partnering with any Hispanic advocacy groups or other Hispanic organizations to address
the needs of the Hispanic community? If so, which ones?
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9. The pending court proceedings with Comcast have cast some questions on the strength and authority
ofthe net neutrality principles used by the FCC. Ifthe decision comes down unfavorably to the FCC,
the enforcement ofthe principles may be in question. Do you think that Congress should really be the
one to legislate what the rules should be for net neutrality?
The following questions were included in the meeting's discussion:
Broadband:
1) What mechanisms are being built into the National Broadband Plan to ensure progress towards
closing the digital divide is monitored, and that corrections or adjustments can be made as needed?
2) Based on news reports, I understand that the FCC is considering re-classifying Internet services
under Title II ofthe Communications Act (they are currently classified as Title I.) Can you
elaborate on this decision?
3) Please elaborate on the research and examinations of minority Internet usage used to draw
conclusions on how to best roll out a broadband plan for the Hispanic community?
4) Latino advocacy groups have voiced strong concerns about the draft Framework for the Broadband
Plan released by the FCC in December of2009. Specifically, the Framework lacked a single
mention ofminorities or the digital divide. Can you share with us why these two topics were not
included?
Net-Neutrality:
1) A recent report by the American Consumer Institute showed that in 2008 core network companies
(like Verizon, AT&T, Comcast, Time Warner) almost doubled the rate ofjob creation ofcontent
and application providers (such as Google and Amazon). Considering this disparity within the
industry, how will net neutrality affect investment incentives and job creation opportunities?
2) The FCC has faced a handful ofnet neutrality issues that to this date were addressed on a case by
case basis. Yet, the FCC is proactively changing the landscape on net neutrality. Can you elaborate
more on the reasoning for these changes?
3) When and how will the FCC respond to the issues raised by Hispanic and other civil rights
organizations regarding Net Neutrality?
4) Before adopting any network neutrality rules, will the Commission conduct studies, including peer 
reviewed research, to ensure that any Net Neutrality rules do not-even unintentionally-widen the
digital divide or push farther into the future the day when the divide is closed?
Comcast/NBC Merger:
1) What are the FCC's plans to ensure that there is equitable representation ofminorities in the new
entities created through the Comcast/NBC merger, specifically for the inclusion ofHispanics on the
Board ofDirectors and other senior level management positions?
2) Comcast has offered commitments about Hispanic inclusion within the merged corporation. What
are the FCC's plans to ensure that these types ofcommitments are kept?
3) Outside groups fear that the voluntary condition proposed by Comcast to launch new independent
programmers is mostly symbolic and would have no impact on existing independent Latino
programmers struggling to secure distribution. Would you be willing to work with the
Congressional Hispanic Caucus to refine Comcast's voluntary condition and make it more
meaningful to the Latino community?
4) Will Comcast be able to use its vertically integrated position to deny rival distributors access to or
raise the cost ofprogramming?
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5) .Will Comcast be able to use its vertically integrated position to favor the programming ofNBCU at
the expense of independent programmers?
Other:
1) Regarding diversity within FCC, how many senior level positions are held by Hispanics? What
types of programs have you implemented specifically to address the lack ofInternet use and
affordable access for the Hispanic community?
2) Hispanics are one ofthe top consumers ofwireless broadband. Any threat to investment and
innovation will greatly hurt our Hispanic constituents. We have heard from many Hispanic
advocacy groups about their concerns and the potential negative and unknown impact on their
communities. How can we ensure that the incentives remain for the companies that create good,
permanent jobs for our people? .
Access to broadband is an essential tool for our young students, schools, health facilities, and local
governments. Moreover, in order for our small businesses to remain competitive, they must be able to
access a wider client base over the Internet to keep up with the pace ofcommerce. I look forward to your
written response to these questions and to further working with you in the future.
Sincerely,
JOE BACA, Congressman
43
rd
Congressional District
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