907 WASHINGTON OFFICEo 2266 RAYBURN HOUSE OFFICE BUILDING W ASHINGTON, DC 20515 (202) 225-4155 DISTRICT OFFICEo 11717 BURT STREET, SUITE 106 OMAHA, NE 68154 (402) 397- 9944 Talk2Lee@mai l.house.gov www.house.gov/terry 1Lee merrp (t[:ongrtss of tbt ~ntttb ~tatts ~ouse of l\epresentatfbes COMMITTEE: ENERGY AND COMMERCE SUBCOMMITIEESo CHAIR M AN, COMMERCE, MANUFACTURING AND TRADE COMMUNICATIONS AND TECHNO LOGY ENERGY AND POWER 2nb ]!lf!)trict, j}ebra!)ka Receiveu & Inspected The Honorable Tom Wheeler Chairman Federal Communications Commission 445 1ih Street, SW Washington, DC 20536 Dear Chairman Wheeler: August 20, 2014 FCC Mail Room In many rural areas across the nation, broadband has become a vital means of communication, whether subscribers use it for job searches, to start up a business, or to connect with family and friends. Subscribers in many of these areas owe this capability in large part to the ·signi!ficant progress the Federal Communications Commission ("FCC" or "Commission") has ­ in facilitating universal service support for broadband deployment throug.h the Connect America Fund (" c·AF· ', ') .' ·.· .. . '} t ~ t : ~ :·· ! ; I • , : ' • . ' Phase II of CAF ("CAF II") offers a tremendous opportunity to bring faster broadband connections to millions of Americans who a,re still unable to access tD,is;service. Thanks to the ' . Commission ' s efforts; thOU$an˘s of rural communities are nqw ,cpunting on CAf. II . . And because CAF II represents the> final phase of Universal Service reform for the&e .~reas , its rules will determine how broadband support is distributed in these areas for years to come. It is important to ensure that the final details of CAF II live up to its promise. We are concerned that if the Commission more than doubles ~peed requirements wi~D,o.ut allowing the appropriate level offlexibility:in other elements o~CAF II, the program's ~)Verall mission could be endangered. Increasing broadband speeds is ~ot as simple '1-S turning a dial. . '. ,· =·:. We appreciate that the June 10 FNPRM identifies a number of constructive ideas that could provide'this flexibility , while simultaneously ensuring faster broadband connections and .staying withiri the CAF II annual budget ! We urge tqe Commission to .adopt some of these .... , : ;ptop·osal s. :; :r , .:... • .·;- .. · ., ·' .,. ,. : ' I ~ .. '.' ' .. c 1.•' • :· · . ' .• . '. • ! I , : ' ' . ,.. ~ ~ ' : ~ ' ' ~ ' . ; ' . ' .. ': :. . ·• ~ ·, .... ·_;-;i ':' .. :' 1 '• •· . ..,_ ,• :.,:It . {j, .. 1 First, when determining whether an area is "served," the Commission should eventually count only services providing 10 Mbps speeds or higher rather than 4 Mbps. This would ensure that in making a determination whether an area is served, the Commission is considering existing services with characteristics that are comparable to those of CAF II recipients. Second, the Commission should also give providers the flexibility to use CAF support to build facilities to unserved consumers in partially served census blocks. When former Commission chairman Julius Genachowski visited Nebraska, he saw that residents of the small town of Liberty, Nebraska were able to access high speed broadband, but residents just a mile away were unable to access broadband. Many of those without access are located in the same census block in Gage County as those in Liberty who do have access. The fact that these residents are in the same census block as Liberty residents should not preclude the Commission from supporting deployment to them. Nonetheless, by allowing support for services to partial census blocks, the Commission should be mindful not to encourage CAF-supported overbuilding of other, comparable broadband services. Despite years of federal efforts to overcome the digital divide, we still hear from Nebraskans decrying the lack of broadband service to their homes. The concerns they raise are a reminder of how challenging rural broadband investment is, but also how important it is. Thank you for considering our concerns, and we look forward to hearing back from you on this issue. ~b:~-g~-ss ________ _ 2