ED PASTOR 4TH DISTRICT, ARIZONA COMMITIEE ON APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, HOUSING AND URBAN DeVELOPMENT, AND RELATED AGENCIES SUBCOMMITTEE ON ENERGY AND WATER DeVELOPMENT, AND RELATED AGENCIES SUBCOMMITTEE ON FINANCIAL SERVICES, AND RELATED AGENCIES C!I:ongre!)!) of tbt Ilnittb ~tatt!) .,OU~t of l\tprt~tntattbt~ PLEASE REPLY TO: o 2465 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20615-(31)4 (2021 22&-4065 o 411 NORTH CENTRAL AVENUE, SUITE 150 PHOENIX, AZ 85004 (60 56-0551 Dear Chairman Genachowski: The Honorable Julius Genachowski Chairman Federal Communications Commission 445 12th Street, Southwest Washington, DC 20554-0005 August 21,2012 1am writing with respect to the television broadcast incentive auction that Congress authorized as part of the Middle Class Tax Relief and Job Creation Act of2012. Congress adopted this measure to permit those television licensees that want to exit the broadcast business to do so voluntarily, thereby freeing up frequencies that could then be reallocated for wireless broadband services. CHIEF DEPUTY DEMOCRATIC WHIP As you know, the dem~d for reallocated spectrum is likely to be. greatest in the largest U.S. markets. Not surprisingly, those also happen to be the largest television markets with the largest number of viewers. In Arizona for example, the greatest shortage of spectrum is likely to be in the Phoenix: market.. :. . ,.:.: .,,: .. " 1 ,', 'J', i ' "",' !I"" • While increasing the amount ofspeqtrum a)locat,ed to ,wireless p~o,adb~d fulfills an imp()~t' national goal, it is equally importlil\tthat the,f~deral Communications Commission prolect the ability ofthe pubHc t() continue tp rec~v~ free o.vc;r~th~;air ~elevisi,on ,~igp,ai~ ft.9m thqse television stations that will continue to provide service after the auction is over. In my view, maintaining access to free over-the-air television service[is an increasingly "important goal for the Commission to achieve. Recent statistics demonstrate that the number of Americans who rely exclusively upon free over-the-air service has ~9wn significantly to nearly 54 million, and the trend line indicates that the number of over-the-lUr.households is likely to continue to grow. For this reason, the plan tlJ,at the,Commis~ionaqopts forre~aining teleVisi(m,wv~t(lot adversely affect the abili~ of viewers~o,continuerc;cei,:ing ~he,fre,e local programmhl,g ~~ttli~Y,r,~ently receive. Thus, 1believe itiscritic~.tha,t,the Commission aclhet~"to ap,olicy Qftrimspare~G~" , . disclosing its plans to the public at the earliest possible 6pportUIlity,to mrodinize the abilhy'or those who may be affected by the Commission's actions to evaluate and understand how the proposed changes will affect them. Freeing up spectrum to increase the amount available for wireless broadband services is important. But, achieving that goal should not come at the expense of the television viewing PRINTED ON RECYCLED PAPER 12 OCT 2012 RCIJD public who rely on free over-the-air television, such as those in Arizona. In keeping with all relevant rules and regulations, I am hopeful you will consider disclosure as you implement this important new statute, and make available to the public all of the information available to the Commission, allowing enough time for stations to determine how they may be affected. Thank you for your attention to this request, and I look forward to hearing from you. Sincerely, Ed Pastor Member of Congress EP/le