MARSHA BLACKBURN 7TH DISTRICT, TENNESSEE DEPUTY WHIP COMMITTEE ON ENERGY AND COMMERCE VICE-CHAIRMAN COMMITTEE ON THE BUDGET C!Congre55 of tbe Wniteb ~tates T!)ou~e of l\epre~entatibe~ Da!:iblngton, llctr 20515-4207 The Honorable Tom Wheeler Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Chairman Wheeler: June 12, 2014 WASHINGTON OFFICE 217 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515 TELEPHONE: (202) 225-2811 DISTRICT OFFICES 305 PUBLIC SOUARE, SUITE 212 FRANKLIN, TN 37064 TELEPHONE: (615) 591-5161 1850 MEMORIAL DRIVE CLARKSVILLE, TN 37043 TELEPHONE: (931) 503-Q391 We write to express our deep concern with your comments before the House Energy and Commerce Committee on May 20, 2014, regarding the federal government's involvement over municipal broadband. You stated, "I understand that the experience with community broadband is mixed, that there have been both successes and failures. But if municipal governments want to pursue it, they shouldn't be inhibited by state laws that have been adopted at the behest of incumbent providers looking to limit competition. I believe the FCC has the power- and I intend to ask the Commission to exercise that power- to preempt state laws that ban competition from community broadband." Without any doubt, state governments across the country understand and are more attentive to the needs of the American people than unelected federal bureaucrats in Washington, D.C. That's why it is so disconcerting that the Federal Communications Commission would seek to bring local municipalities into direct competition with the private sector against the wishes of the states. Inserting the Commission into the states' economic and fiscal affairs as you have suggested sets a dangerous precedent and violates state sovereignty in a manner that warrants deeper examination. Taxpayers expect all branches of the federal government to respect the rights of the states and the decisions of their elected officials. Unfortunately, it appears the Commission has determined it will move forward without Congress' approval and despite the states' determination to protect their taxpayers. Given our deep concern with any action the Commission might take that would preempt state laws as has been suggested, we request your response to the following questions: 1. If the courts struck down the FCC's ploy to override state laws restricting municipal broadband do you believe that such a decision would weaken the credibility of the FCC? 2. Why does the FCC believe state governors and state legislators should not have a say over how to govern the political subdivisions of their state even though that is what they are elected to do by voters? 588 3. Does the FCC have any evidence to suggest that facilitating municipal broadband would not impact public debt and would not result in less borrowing for other important state and local projects including pensions, roads, water mains, public safety, and sewers? 4. What level of deference should the FCC give to states who have affirmatively passed laws regarding municipal broadband? 5. Has the FCC conducted a cost-benefit analysis looking at the "crowding out" effect on private investment in broadband deployment and maintenance should private entities be forced to further compete with government owned networks? 6. How does the FCC believe Section 706 authority trumps the states ' rights in the Constitution? 7. Did you ever ask Congress for authority to override states' rights with respect to municipal broadband? 8. Will the FCC or the federal government bailout states or municipalities if their muni broadband projects fail? How much does the FCC estimate such bailouts would cost taxpayers? We look forward to your response by June 30, 2014. Also, we respectfully request that you reevaluate the Commission's future role in influencing government owned networks and how important the role our state elected officials have in this process. Thank you for your prompt attention to this important matter. Member of Congress Mi Pompeo Member of Congress Sincerely, tid~ Bill Johnson CJ Member of Congress Member of Congress Member of Congress Dennis A. Ross Member of Congress Pete Olson Member of Congress Tom Cotton Member of Congress @K~ Blake Farenthold Member of Congress Scott Perry Member of Congr s Michael McCaul Member of Congress Member of Congress Thomas Massie Member of Congress Phil Roe Member of Congress Renee Ellmers Member of Congress ~!lt&A ::.:Congress Member of Congress Member of Congress Member of Congress Steve Womack Member of Congre ean Duffy Member of Congress Ron DeSantis Member of Congress Member of Congress ~~ Member of Congress Kenny Marchant Member of Congress Mo Brooks Member of Congress Member of Congress ~~~(.~ Diane Black Member of Congress 4?s~---=-- Member of Congress 3J~i~~A. Member of Congress Louie Gohmert Member of Congress Gus Bilirakis Member of Congress .. /l ~~1:~:: ~ s~ Member of Congress ~ Member of Congress Rick Crawford Member of Congress Howard Coble Member of Congress Spenc Member of Congress Dana Rohrabacher Member of Congress ~(k_ narrJli!Sl Member of Congress David Jolly Member of Congress Member of Congress Steve Chabot Member of Congress away Member of Congress Jason Chaffetz Member of Congress -