AoGHI i,\11(,;tA,.. s rr1 Ml "If so,.. fiOAa:>A 
ROVBl Nl tylj ()1.tf'I MAMACANW.1LLWA.hl,._ I~ 
t.tAftCO "°810 l~ ClA Kt ~AS(JU. ¥if$$0Uflll 
ct Y"' m~w~ 
CllUZ TD.AS NCM.tJte>a UfNTtW.. ~~----• 
DCB ftSCHlft. Nl~ llMIC 1Ck4 l MAWM 
J(MliY t.~ r.N4A1 QlhMO MAAAtY MASSACHUll:r:I 
DAN SULLIVAN A AS11."- COflTIKlOllEl'I !'11.f'o\JEWSIY 
R(1N J( wN (It., N "' ~ re,... OAU N w MlXJCll 
l'C A"; f"ltllUI N£VA.0A JOI M.li~~ ~It! !M;ST '1111\C N,.. 
!IYG•M>t.Jfll CClla.ADO GAA't'PlnAS f.4 t«iA"' 
ttVE rMJr.1: "°""ANA 
Jr«• AOS5I. S'l..U OM Oft 
ll lliif lll"IU OE_M\XIU. ST41F OIMC.T"Ofl 
The Honorable Tom Wheeler 
Chairman 
ilnitcd eStatcs ~cnatr 
COMMITTEE ON COMMERCE, SCIENCE, 
AND TRANSPORTATION 
WASHINGTON, DC 20510-6125 
WEBSITE: http://commerce.senate.gov 
April 22, 2016 
Federal Communications Commission 
445 12th Street, SW 
Washington, DC 20554 
Dear Chairman Wheeler: 
I write to reiterate my view that the video market is increasingly competitive, particularly 
those parts of the market subject to the least regulation. I do not think this is a coincidence, and I 
am skeptical that new regulations, such as those proposed by the Federal Communications 
Commission (FCC or Commission) on February 18, 2016, would deliver better results for 
consumers and content creators than the astonishing and empowering disruption that is already 
happening in the marketplace. 
Senator Bill Nelson, the Ranking Member on the Senate Commerce Committee, sent you 
a letter on February 12, 2016, that highlighted some concerns I share. I agree with Senator 
Nelson's sentiment that "advances abound in the competitive video navigation device market," 
and that " ( s ]ection 629 [of the Communications Act of 1996] should always be implemented 
with an eye towards what is actually happening in the marketplace." Further, I want to echo 
Senator Nelson's warning to the Commission that section 629 does not contemplate imposing 
regulations "by which third parties gain, for their own commercial advantage, the ability to alter, 
add to, or interfere with the programming provided by content providers." 
On March 2, 2016, the Senate Commerce Committee held a hearing on FCC Oversight, 
during which I asked all five commissioners questions about the proposed technology 
regulations. Specifically, I made the point that section 629, by which the FCC claims authority 
to pursue set-top box technology regulations, is clearly written to address actual physical 
equipment. This is evident upon review of the section' s legislative history, the plain language of 
the statute, and the consumer experience as it was 20 years ago when the provision was added to 
the law. I also asked how the Commission will ensure and enforce the security of the 
programming and services offered by multichannel video programming distributors when 
accessed through third parties via new regulation. 
In your effort to execute your regulatory duties, the Commission must clearly iden tify the 
source for its claimed authority and justify that its actions will not unduly threaten the public 
313
The Honorable Tom Wheeler 
April 22, 2016 
Page 2 of2 
interest, including the interests of consumers as well as video content creators and distributors. 
Thank you for addressing my concerns as you consider public comments on the Notice of 
Proposed Rulemak.ing referenced above. 
JOHN THUNE 
Chairman