CHARLES F. BASS 2ND D ISTRICT, N ew H AM PSHIRE ME M BER Of CONGRESS WASHINGTONOFFICE 2350 R" V8URN HOUSE OffICE BUILDING W ASHINGTON, DC 20515 PHONE: 1202) 225--5206 FAX: (202) 225--2946 hn p:/lbass.house.gov (lCongres's' of tbe Wnitcl:l~tatcs' ji)OUSC of l\cprcscntiltibcs mml!)ington, lillC 2051 5-2902 January 25, 2012 CQMM ITIEE ON ENERGY ANDCOMMERCE S UBCOM MI TTEE ON COMMUNICATIONS AND T eCHNOl OG Y SUBCOMMITTEE ON EN VIRON M ENT AND ECONOMY SUBCOMMITTEE ON COMMERCE, M ANUFACTURING, AND T RADE The Honorable Julius Genachowski The Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Dear Chairman Genachowski: Thank you for your letter addressing my concerns with the Commission's current retransmission consent regime and the reality ofsignificant competitive changes in the video programming marketplace. While I was pleased to read that the Commission intended to move expeditiously in its proceeding on the matter, I am sincerely disappointed that the Commission failed to complete its review in time to inform recent carriage talks. As a result ofthe Commission' s inaction on a proceeding whose public comment period closed almost sevcn months ago, thc ability of tens ofthousands ofNew Hampshire residents to watch the New England Patriots compete in this year's NFL Super Bowl has been jeopardized. Beginning on January 14, 2012, the DIRECTV subscribers ofsix counties in New Hampshire (Belknap, Strafford, Rockingham, Merrimack, Hillsborough, and Cheshire) experienced a blackout of WHDH-TV (Channel 7). As you know, Boston-based WHDll-TV, an affiliate of NBC, will broadcast this year's Super Bowl. However, because WHDH-TV's owner, Sunbeam Television Corporation, is currently at a retransmission consent impasse with DIRECTV over retransmission consent fees, the current blackout threatens the ability of DIRECTV subscribers to watch the Super Bowl. While I remain hopeful that current negotiations will lead to a timely agreement, had the Commission updated and clarified its rules, New Hampshire Patriots fans probab ly would not bc unfairly caught in the middle of this dispute. This unfortunate situation is precisely the concern I raised in my letter ofOctober 2 1, 2011, when I stated that "as a result of [ ] video marketplace changes, increasingly frequent negotiation breakdowns and rising retransmission consent fees result in both significant inconvenience and cost to consumers." I urge the Commission to finally complete its proceeding, and to do what is within its existing statutory authority to move the ball forward in the current dispute. New Hampshire residents deserve better than to be caught in the middle. Sincerely, (hWV-sI=='.~ Charles F. Bass Member ofCongress CONCORD OFFICE: 114 N ORTH M AIN STREET, S UITE 200 CONCORD, NH 0330 1 PHONE; (60 3) 226-0064 NASHUA OFf iCE: 22 1 M AIN STREET, SUITE 201 NASHUA, NH 03060 PHONE: (603) 595--770 1 PRINTED ON RECYCLED PAPER lI ntETON OFF ICE: 32 M AIN STRE ET, ROOM 110 LlntETON, NH 03561 PHONE : (603) 444- 5505 0091