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March 20,2012
The Honorable Julius Genachowski
Chairman
U.S. Federal Communications Commission
445 iz" Street, S.W. .
Washington, D.C. 20554
Dear Chairman Genachowski:
We write in reference to MM Docket 00-168, in which the Commission has
proposed to require that television broadcast stations post their political files on the
Commission's Web site. We commend the Commission's efforts to improve disclosure
requirements for candidates' political advertising purchases. Moreover, we
wholeheartedly support increased disclosure requirements meant to achieve greater
transparency in our country's political system.
As we understand the Commission's proposed rule, however, it would apply only
to television broadcast stations. This puzzles us because we believe uniform and fair
disclosure requirements will best serve the public interest. To help us understand why
the Commission has proceeded as it has in this matter, we respectfully request your
responses to the following questions:
1. Why has the Commission chosen to revise its political file disclosure
requirements with respect only to television broadcasters?
2. Does the Commission intend to apply similar such requirements to multichannel
video programming distributors, such as cable and satellite providers, in the
future? If so, please explain when the Commission will issue aNotice ofInquiry
and Notice of Proposed Rulemaking to that effect. If not, please explain why.
3. Has the Commission considered the misleading effect that the partial disclosure of
candidates' political advertising purchases may have on the public? Please
explain your response.
4. Similarly, please explain to us the public good that is achieved by the partial
disclosure of candidates' political advertising purchases.
5. Further, does the Commission believe that centralizing information about political
advertising purchases in a readily searchable online database will stimulate
campaign spending instead of curtailing it? Please explain your response.
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The Honorable Julius Genachowski
6. Lastly, does the Commission believe it has the necessary resources (i.e., sufficient
number of employees, funding, and technological capacity) with which to carry
out the proposed rule? We are aware of reports that the Commission's systems
were unable to cope with prior substantial uploads of information and are
concerned that such alleged technological limitations may delay the prompt
disclosure of political advertising purchases.
To be certain, we applaud the Commission's effort to uphold its view of what is in
the public interest. As our questions above indicate, we are nevertheless somewhat
skeptical that the Commission's proposal will result in uniform and equitable disclosure
requirements. We furthermore fear that the adoption of the proposed rule may very well
encourage more campaign spending at a time when the public and many in Congress
believe such spending has gotten out of control. .
Please submit your responses to our questions and supporting materials no
later than Friday, March 30, 2012. Thank you in advance for helping us gain greater
insight into this most topical of issues. Should you require further information, please
feel free to contact us or have a member of your staff contact Nathaniel Tipton with
Congressman Gene Green at 202-225-1688 or Andrew Woelfling with Congressman
Dingell at 202-225-4071.
JohnD.Dm ell
Member of Congress
Sincerely,
Gene Green
Member of Congress
cc: The Honorable Fred Upton, Chairman
Committee on Energy and Commerce
The Honorable Henry Waxman, Ranking Member
Committee on Energy and Commerce
The Honorable Greg Walden, Chairman
Committee on Energy and Commerce
Subcommittee on Communications and Technology
The Honorable Anna Eshoo, Ranking Member
Committee on Energy and Commerce
Subcommittee on Communications and Technology
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The Honorable Julius Genachowski
The Honorable Robert McDowell, Commissioner
U.S. Federal Communications Commission
The Honorable Mignon Clyburn, Commissioner
U.S. Federal Communications Commission