RON KIND THIRD DISTR ICT, W ISCONSIN SENIOR WHIP WAYS AND MEANS C OMMITTEE SUBCOMM ITTEE ON HEALTH SUBCOMMITTEE ON TRADE ~ongress of tbe ~nfteb ~tates J!,Jou!)t of l\tpre!)tntatibtii OO!asbington, llQC 20515 The Honorable Thomas E. Wheeler Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Chairman Wheeler: April 21 , 2016 1502 L ONGWORTH H OUSE O FFICE BUILDING w ASHINGTON, DC 205 Is (202) 225-5506 FAX: (202) 225 -5739 WEBS ITE: www.k ind.hou se.gov I appreciate your prompt response to my letter. While your answer addressed a number of the issues raised my original letter, I remain concerned that certain issues have not been adequately addressed. The Notice of Proposed Rulemaking concerning Navigation Devices includes a series of significant changes that would have a significant impact on the video market. While these changes are designed to promote competition, it is important to recognize that the video industry is already experiencing a historic level of competition. As you consider the final rule, I urge you to consider the potential impact that it will have on all parties in the video programming market. Content providers depen~ on strong copyright protections and anti-piracy technology to ensure that their products retain valu~'. Emerging technologies have made it easier than ever to reproduce and redistribute copyrighted ~ontent. Multichannel video prograinmers and content providers understand this and include powerful anti-piracy technology in their navigation devices because they have a shared interest in preventing piracy. Third-party device manufacturers do not share the incentive to prevent piracy. I urge you to ensure that the final rule adequately addresses this disparity in incentives and provides ·strong protection for content against piracy. Emerging technologies have also created new concerns about privacy rights. Current pay-TV providers are obligated to protect private information about their customers' viewing habits, and the FCC has the authority over pay-TV providers to enforce those obligations. The current proposal does not apply a similarly stringent standard to third-party device inanufacturers. Instead, it relies on device manufacturers to self-certify that they are in compliance with these privacy protections. It remains unclear how the FCC can ensure that device manufacturers actually comply with these obligations. Given that the FCC's legal enforcement authority is limited, I urge you to clarify how these privacy obligations can be enforced, including addressing what recourse consumers have against third-party device manufacturers that violate their privacy obligations. This issue is of particular concern because some potential third-party d~vice manufactures rely on gathering information about their users for their primary source of revenue. Even if these companies earnestly self-certify that their devices do not violate the proposal ' s privacy obligations, it is not clear how the FCC can ensure that these companies do not inadvertently comingle protected private information about viewing habits with their extensive databases of personal information. Given that the FCC lacks the legal authority to regulate these LA CROSSE OFFICE ·. D ISTRICT TOLL FREE NUMBER EAU C L AJRE OFFICE 205 Sm A VENUE Saum, Surrn 400 LA CROSSE, WI 54601 (608) 782-2558 FAx: (608) 78 2-4588 TTY: (608) 782 -11 73 1-888 -442-8040 TTY: 1-888 -880-9180 PRINTED ON RECYCLED PAPER ®~11 131 Saum B ARSTOW STREET, Surrn 301 E AU C LA IR E, WI 5470 I (7 15) 831-9214 FAx: (71 5) 83 1-9272 321 industries, it remains unclear how it can prevent privacy vioiations from occurring as a result of - - this rule. As the Commission considers the final rule, I urge you to adequately address how i1 can ensure privacy protections for consumers. If enacted, the rules in your proposal will dramatically change the way Americans view and interact with video content. The proposal has generated an overwhelming public respon~e , which underscores both its significance and its far-reaching consequences. As you review public comments to this proposal and draft the final rule, I urge you to ensure that it adequately addresses the concerns raised in this letter. Sincerely, Ron Kind Member of Congress ReceNed & Inspected APR 25 2016 FCC Mail Room