FRED UPTON, MICHIGAN
CHAIRMAN
ONE HUNDRED FOURTEENTH CONGRESS
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COMMITIEE ON ENERGY AND COMMERCE
2125 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-6115
Majority (202)225-2927
Minority (202) 225--364 J
May 13, 2015
The Honorable Tom Wheeler
Chairman
Federal Communications Commission
445 12thStreet, SW
Washington, D.C. 20554
Dear Chairman Wheeler:
FRANK PALLONE, JR., NEW JERSEY
RANKING MEMBER
I write to encourage you to make sure your implementation of Section 111 of the STELA
Reauthorization Act of 20 14 (STELAR) best serves consumers.
Under existing law, cable companies are required to show that they are subject to effective
competition before they can be exempted from certain rules that protect consumers. As part of
STELAR, Congress directed the Commission to evaluate how to simplify the process for small
cable entities petitioning the Commission seeking a finding of effective competition. Congress
gave the agency only 180 days to complete its proceeding on this narrow issue, and that time
expires on June 2 of this year. As part of its efforts to implement Section 111 of STELAR, the
Commission asked about a broader proposal to flip the presumption for all cable entities - large
and small- and assume that effective competition for video services exists nationwide absent a
showing to the contrary by a local franchise authority.
r want to ensure that the Commission carefully evaluates the impact of this proposal on
consumers. For instance, the Office of Cable Television (OCTV) for the New Jersey Board of
Public Utilities, weighed in to the FCC to express deep concems with the proposal. I Iurge you
to fully consider the input from stakeholders such as OCTV. Because the upcoming statutory
deadline applies only to the narrower task of streamlining rules, you should not feel compelled to
move forward on the broader policy question if you feel the record in this proceeding is not
complete.
1 FCC, Amendment of the Commission's Rules Concerning Effective Competition;
Implementation of Section 111 of the STELA Reauthorization Act, MB Docket 15-53, Reply
Comments of the Staff of the Office of Cable Television for the New Jersey Board of Public
Utilities (April 20, 2015).
The Honorable Tom Wheeler
May 13,2015
Sincerely,
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Ranking Member U