FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE Of' THE CHAIRMAN The I Ionorablc Deb Fischer United States Senate 825 llart Senate Office Building Washington, D.C. 20510 Dear Senator Fischer: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. l lowever, that investment has not necessarily reached every comer of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband eiTorts - or authorizing others to invest in their behalf will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and pol icy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. 1 assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Deb Fischer I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission ' s review. Please let me know ifl can be of any further assistance. ~[ Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The llonorable Michael Enzi United States Senate 379A Russell Senate Office Building Washington, D.C. 20510 Dear Senator Enzi: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difTerencc between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. However, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to al~ost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Michael Enzi I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know if I can be of any further assistance. O FFICE OF THE C HAIRMAN The llonorable Ted Cruz United States Senate FEDERAL COMMUNICATIONS COMMISSION WASHINGTON July 22, 2014 185 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Cruz: Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. However, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2-The Honorable Ted Cruz I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know ifl can be of any further assistance. Sincerely, ~eeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF T H E C H AIRMA N The Honorable John Comyn United States Senate 517 llart Senate Office Building Washington, D.C. 20510 Dear Senator Comyn: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. However, that investment has not necessarily reached every comer of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efTorts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities ' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2-The Honorable John Cornyn I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know if I can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF T HE C H AI RMA N The I lonorable Tom Coburn United States Senate 172 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Coburn: July 22,2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difTerence between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. However, that investment has not necessarily reached every corner of America. Around the country, communjties have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband eiTorts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on commuruties' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual , policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The I lonorable Tom Coburn I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know ifl can be of any further assistance. ~Sincerely~ tL -fi!!wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The llonorable John Barrasso United States Senate 307 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Barrasso: July 22,2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. I Iowever, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efTorts - or authorizing others to invest in their behalf will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but l also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable John Barrasso I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please Jet me know ifl can be of any further assistance. Sincere!~~ re~eler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The llonorable Lamar Alexander United States Senate 455 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Alexander: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the diiTerence between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. llowever, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly connict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy ISSUeS. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. 1 assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2-The Honorable Lamar Alexander I appreciate your interest in this matter. Your views are very important and will be included as part ofthe Commission's review. Please let me know ifl can be of any further assistance. ~Since?j /£_ ~eler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF TH E C HAIRMAN The I Jonorable Tim Scott United States Senate 113 llart Senate Office Building Washington, D.C. 20510 Dear Senator Scott: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. llowever, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. l recognize that federal preemption is not a step to be taken lightly and must be done only afier careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. l assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Tim Scott I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know ifl can be of any further assistance. .---i!wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The llonorable Pat Roberts United States Senate I 09 Ilart Senate Office Building Washington, D.C. 20510 Dear Senator Roberts: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for smaJI and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. llowever, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion . I believe that competition is a strong means to that critical goaL At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. l respect the important role of state governments in our federal system, but I also know that state laws which directly connict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Pat Roberts I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know ifl can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OF FICE OF THE C H A IRMAN The llonorable Ron Johnson United States enate 386 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Johnson: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, heaJth care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. llowever, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efTorts- or authorizing others to invest in their behalf- will provide more competition and the economic and sociaJ benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted laws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only afier careful consideration of aJl relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factuaJ, policy, and legal issues involved. I assure you that the final decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Ron Johnson I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know if I can be of any further assistance. ;_nc?l;~t--~heeler F EDERAL COMMU NI CATIONS C O M M ISSION W ASHI NGTON OFFICE OF THE CHAIRMAN The Honorable Marco Rubio United States Senate 317 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Rubio: July 22, 2014 Thank you for your letter concerning the critical issue of broadband deployment. The deployment of broadband is, as you know, a powerful platform that encourages economic growth and facilitates improvements in education, health care, public safety, and other key policy areas. This is particularly true for small and rural communities, where the availability of high quality broadband can be the difference between economic decline and a vibrant future. Private sector incumbent telephone and cable companies have invested billions of dollars in broadband deployment in the past decade. That investment has been of great benefit to our Nation in many ways. However, that investment has not necessarily reached every corner of America. Around the country, communities have focused on the importance of ensuring that their citizens receive the benefits of broadband, and some have concluded that investing in their own broadband efforts - or authorizing others to invest in their behalf- will provide more competition and the economic and social benefits that accompany competition for their residents and businesses. Section 706 of the Communications Act charges the Federal Communications Commission with ensuring that broadband is being deployed to all Americans in a reasonable and timely fashion. I believe that competition is a strong means to that critical goal. At the same time, many states have enacted Jaws that place a range of restrictions on communities' ability to make their own decisions about their own future. There is reason to believe that these laws have the effect of limiting competition in those areas, contrary to almost two decades of bipartisan federal communications policy that is focused on encouraging competition. I respect the important role of state governments in our federal system, but I also know that state laws which directly conflict with critical federal laws and policy may be subject to preemption in appropriate circumstances. I recognize that federal preemption is not a step to be taken lightly and must be done only after careful consideration of all relevant legal and policy issues. Any Commission decision on community broadband issues will be made only after a full opportunity for comment by all interested parties in an open proceeding and a careful analysis of the specific factual, policy, and legal issues involved. I assure you that the fmal decision on these issues will be based on a careful analysis of the full record in any agency proceeding. Page 2- The Honorable Marco Rubio I appreciate your interest in this matter. Your views are very important and will be included as part of the Commission's review. Please let me know if I can be of any further assistance. -~~~~~ Tom Wheeler