FRED UPTON, MICHIGAN CHAIRMAN ONE HUNDRED THIRTEENTH CONGRESS HENRY A. WAXMAN, CALIFORNIA RANKING MEMBER (!Congress of tbe mtntteb ~tates j!)ouse of l\epresentatibes COMMITTEE ON ENERGY AND COMMERCE 2125 R AYBURN H ousE O FFICE B uiLDING W ASHINGTON, DC 20515-6115 The Honorable Tom Wheeler Chainnan Federal Communications Commission 445 1 t 11 Street S W Washington, DC 20554 Dear Chairman Wheeler: Majority 12 •2 225 q27 Minority (1 11 77 3b41 July 10,2014 The Universal Service Fund's Schools and Libraries program, also known as E-Rate, provides funding to assist schools and libraries in connecting our students through access to telecommunications services and the Internet, an important goal that we all share. Modernizing the fund to efficiently achieve these goals and keep pace with changing techno logies has long been a bipartisan priority. Part of that reform should include tiscal prudence. As we wrote you earlier this year, the explosive and unconstrained growth of the Universal Service Fund is extremely troubling to us, and it is more important than ever that USF programs be structured to maximize value without growing the size of the fund. Last month, you announced a proposal to reform the E-Ratc through streamlining administration of the fund and improving utilization of existing funds; this is an approach we support. Unfortunately, recent reports raise concerns about your commitment to work within existing funds. The proposal promises $5 billion in new Wi-Fi spending over five years plus continued support for broadband technologies at all schools and libraries. Two billion dollars is supposed to be reprogrammed from unused funds, but the Commission's 2014 carry-forward public notice only identified $600 million in available funds, $200 million of which was needed to fully fund existing services in 2014. Other funding is supposed to come from phasing out voice telephone and other outdated services. However, last year's NPRM only identified $436 million in potential voice telephone savings, and Commissioners Rosenworcel and Pai identified only $600 million in savings from eliminating voice and other outdated technologies. Given these public figures and reports that your proposal would reduce, but not e liminate, voice subsidies for most schools over two years, the numbers don't seem to add up. A recent FCC blog post suggested there could be $ 1.2 billion in savings by eliminating support for non-broadband services, and yet we have not seen evidence of this number. These types of discrepancies underscore our concerns over the sustainabi lity of your plans without imposing additional charges on American telecommunications customers' monthly bills. Letter to the Honorable Wheeler Pagc2 We are also troubled by press reports that you have promised to increase theE-Rate budget in the "near term" and recent allegations by Commissioner Pai that you are planning to grow the size of the existing $9 billion Universal Service Fund through Commission action in a subsequent item. This would be an unacceptable course of action. We urge you to modernize the fund to bring our nation's students the twenty-tirst century tools they need to succeed without increasing the ever-growing burden of USF on rate-payers. In addition to the financial considerations, recent reports have also raised red !lags as to the procedural approach to this item. As you know, good FCC process has long been a priority for the Committee. Engaging in bipartisan deliberation of all items should be the goal for every Chairman, particularly when all parties should share the same goals: creating a fund that will appropriately serve schools and the students that rely on modem technology, and that is tiscally prudent and does not over-burden ratepayers. Sincerely, Subcommittee on Communications and ·rechnology cc: The Honorable Henry A. Waxman, Ranking Member House Committee on Energy and Commerce The Honorable Anna Eshoo, Ranking Member Subcommittee on Communications and Technology The Honorable Mignon Clyburn, Commissioner Federal Communications Commission The Honorable Jessica Rosenworcel, Commissioner Federal Communications Commission The Honorable Ajit Pai, Commissioner Federal Communications Commission The Honorable Michael O'Riclly, Commissioner Federal Communications Commission