DAVID B. McKINLEY, P.E. 1 ST D ISTRICT, W EST VIRGINIA 41 2 CANNON HOUSE O FFICE BUILOING w..,sH1NGToN, DC 20515 TEL: (202 ) 225-4172 FAX: (202) 225--(564 www.mckinley.house.gov Co -CHAIR, CONGRESSIONAL A RTHRITIS CAUCU S Co-CHAIR, CONGRESSIONAL Y OUT H CHALLEN GE CAUCUS Co -CHAIR, HIGH PERFORMAN CE BUILDINGS C AUCUS Co-CHA IR CONGRES$10 NAL HEARING H EAL TH CAUCUS The Honorable Tom Wheeler Chairman (!Congress of tbe ~niteb ~tates T!}ouge of l\epregentatibeg April 4, 2016 Federaf Commu-nica tions Commission - 445 12th Street, SW Washington, DC 20554 Dear Chairman Wheeler: COMMITIEE ON ENERGY AND COMMERCE SUBCOMMITIEE ON ENERGY AND POWER SUBCOMMITTEE ON ENVIRONMENT AND THE ECONOMY SUBCOMM ITIEE ON O VERSIGHT AND INVESTIGATIONS VICE C HAIR . 0 & \nspected ~ece'\le APR 11 Z01R f CC Mail Room The Federal Communications Commission (FCC) is encouraged to consider the unique needs of small and medium sized broadband, video and voice providers as it reviews rules governing retransmission consent. These providers serve an important constituency given the geographic challenges in providing services to the small and rural areas of our home state of West Virginia. On September 2, 2015, the FCC announced Notice of Proposed Rulemaking 15-109 that examines the "totality of the circumstances test" when determining whether or not broadcast television stations and multichannel video programming distributors (MVDs) are negotiating retransmission consent agreements in good faith. Since Congress created the retransmission consent regime in 1992, significant technological changes in the marketplace have altered the negotiation dynamics between all parties. As a result, the number of programming blackouts has steadily increased from 12 in 2010 to over 100 in 2014. These blackouts only serve to-harm the custon1eF who faces a-less of programming -through no faul t-o-f-hisl'.Rer e-wn-. - Small and medium-sized broadband, video and voice providers play an important role in providing broadcast services to consumers across West Virginia. The FCC is urged to ensure their concerns are heard and addressed as the Commission reviews the totality of the circumstances test and considers additional action. Sincerely, PRI NTED ON RECYCLED PAPER 282