HENRY C. "HANK" JOHNSON, JR 
4TH 0 1STAICT, GEORGIA 
COMMlmES: 
JUDICIARY 
ARMED SERVICES 
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The Honorable Tom Wheeler 
Chairman 
Federal Communications Commission 
445 12th Street, SW 
Washington, DC 20554 
May 6, 2016 
Re: Expanding Consumers' Video Navigation Choices, MB Docket No. 16-42 
Dear Chairman Wheeler: 
SUBCOMt.umEs, 
REGULATORY REFORM, COMMERCIAL, 
AND A NTITRUST LAW 
COURTS, INTELLECTUAL PROPERTY, 
AND THE INTERNET 
SEAf'OWEA AND PROJECTION FORCES 
INTELLIGENCE, EMERGING THREATS 
ANO CAPABILITIES 
STRATEGIC FORCES 
As the Ranking Member of the House Judiciary Subcommittee on Regulatory Reform, 
Commercial and Antitrust Law, I write to applaud the Commission's decision to increase 
competition and expand consumer choice pursuant to its authority under section 629 of the 
Communications Act. The goals of the rule - to ensure a competitive manufacturing and retail 
marketplace for multichannel video programming distributor (MVPD)-provided devices - are 
grounded in smart and adaptive competition policy. 
As you proceed with this rulemaking, I encourage you to adopt a strong, flexible rule that 
incorporates the Commission's longstanding authority to promote diverse media programming 
while also preserving the strong copyright protections that are foundational to our Nation's 
innovation and creativity economy. 
As the Council of Economic Advisors recently noted, promoting and expanding competition in 
all markets benefits consumers through greater innovation, better products, and lower prices. 
This view is now a core pillar of the Administration's policy. 1 Through an Executive Order, the 
Administration has called on Executive Branch agencies to conduct a searching review of 
existing policies and formulate ideas and potential regulatory actions to promote competition 
across all sectors of our Nation's economy.2 This Order reflects similar sentiments that I have 
expressed in hearings before the Judiciary Committee.3 Indeed, smart regulatory policy is the 
1 COUNCIL OF ECONOMIC ADVISERS, EXEC. OFFICE OF THE PRESIDENT, BENEFITS OF COMPETITION AND INDICATORS 
OF MARKET POWER 1- 2 (2016), 
https://www. whitehouse.govfsites/default/fileslpagelfiles/20160414 cea competition issue bricf.pdf. 
2Exec. Order No. 13,725, 81 C.F.R. § 76 (2016), https:l/www.gpo.gov/fdsys/pkg/FR-2016-04-20/pdfi'2016-
09346.pdf. 
3 See, e.g., The State of Competition in the Health Care Marketplace: The Patient Protection and Affordable Care 
Act's Impact on Competition: Hearing Before the Subcomrn. on Regulatory Reform, Commercial and Administrative 
Law of the H. Comm. on the Judiciary, I 14th Cong. 2 (2015) (statement of Rep. Henry C. "Hank" Jolmson (D-GA), 
Subcomm. Ranking Member). 
WASHINGTON OFFICE 
2240 RAYBURN House 0fFICE BUllOING 
WASHINGTON, DC 20515 
PHONE (202) 225-1605 
FAX (2021 226--0691 
PRINTED ON RECYCtEO PAPER 
DISTRICT OFFICE 
5700 HILLANOALE DRIVE, SUITE 120 
LITHONIA, GA 30058 
PHONE (770) 987-2291 
FAX (770) 987-8721 
355
Letter to Chairman Wheeler 
May 6, 2016 
Page2 
appropriate remedy where our antitrust laws or competition policies have failed to provide for 
competitive markets. 4 
However, as with any major rulemaking endeavor, there are concerns as to its potential impact 
on various industries and consumers. 
One of the leading concerns is that the proposed rule may undermine the production and delivery 
of copyrighted content.5 Licensing agreements are one of the many copyright tools that play a 
critical role in protecting copyright owners, guarding against pirated content, promoting 
creativity, and limiting unnecessary content manipulation. I firmly believe that strong copyright 
protections spur both creativity and confidence in new products and services,6 and it also 
provides high-quality employment opportunities. For example, in my home state of Georgia, 
twenty-one movies and fifty-two television series were filmed in 2014. This industry directly 
employed more than 24,000 people with approximately $1 .68 billion in wages in Georgia alone.7 
These workers' livelihoods depend heavily upon the economic incentives provided by copyright 
protections for their salaries, health, and pension plans. Strong copyright protections are the 
backbone of innovation and creativity and also support the public good.8 With this in mind, I 
urge the Commission to adopt a final rule that will not disrupt the licensing agreements of the 
works of copyright owners and that will protect copyright owners & consumers from pirated 
content. 
There are also concerns as to whether the Commission's proposed rule will provide for an 
increasingly diverse media market or, conversely, rollback industry efforts to diversify the 
market.9 Diversity in media ownership and delivery is crucial to enhancing competition and 
benefitting consumers. 10 The Commission has the authority to study, identify, and eliminate 
barriers to the marketplace for minorities and women as part of its broader mission to promote 
competition.11 I have previously called upon the Commission to facilitate ownership in every 
4 Examining Consolidation in the Health Insurance Industry and its Impact on Consumers: Hearing Before the 
Subcomm. on Antitrust, Competition Policy and Consumer Rights of the S. Comm. on the Judiciary, I 14th Cong. 6 
(2015) (statement of George Slover, Senior Policy Counsel, Consumer Union). 
5 See, e.g., Letter from Rep. Doug Collins (R-Ga.), et al., to the Honorable Tom Wheeler, Chairman, Federal 
Communications Commission, et al. (Feb. 16, 2016), http://src.bna.com/cFZ. 
6 Id. at 50. 
7 MOTION PICTURES AsS'N OF AMERICA, Creating Jobs, http://www.mpaa.org/creating-jobs/. 
8 Unlocking Consumer Choice and Wireless Competition Act, Hearing Before the Subcomm. on Courts, Intellectual 
Property, and the Internet of the H. Comm. on the Judiciary l 13th Cong. 49- 50 (2013) (statement of Rep. Henry C. 
"Hank" Johnson (D-GA), Subcomm. Ranking Member), https://judiciary.housc.gov/wp­
content/uploads/20161021113-27-81346.pdf 
9 Letter from Marc Moria!, President and Chief Executive Officer, National Urban League, et al., to the Honorable 
Tom Wheeler, Chairman, Federal Communications Commission (Mar. 21, 2016}, 
http://nulwb.iamempowered.com/content/civil-rights-organizations-sct-top-box-diversity-concems. 
10 Letter from Rep. Henry C. "Hank" Jolmson, Jr., to the Honorable Tom Wheeler, Chairman, Federal 
Communications Commission, (Sept. 8, 2014, 
http://hankjohnson.house.gov/sites/hankjohnson.house.gov/files/documents/2014 _FCC _letter.pdf. 
11 47 U.S.C. § 257(b) (2016) ("[T]he Commission shall seek to promote the policies and purposes of this chapter 
Letter to Chairman Wheeler 
May 6, 2016 
Page 3 
area of media and telecommunications through all of its administrative tools. 12 I strongly 
encourage the Commission to do so here and to ensure consumers continue to have access to a 
diverse set of programming despite the delivery mechanism. 
I applaud your leadership at the Commission and respectfully encourage that you study and 
accommodate these concerns when adopting a final rule. If you have any questions, please 
contact my Legislative Director Arya Hariharan at 202.225.1605 or 
arya.hariharan@mai I.house. gov. 
cc: 
Sincerely, 
Henry C. "Hank" Johnson, Jr. 
Ranking Member 
Subcommittee on Regulatory Reform, 
Commercial and Antitrust Law 
House Committee on the Judiciary 
The Honorable Mignon Clyburn, Commissioner, Federal Communications Commission 
The Honorable Ajit Pai, Commissioner, Federal Communications Commission 
The Honorable Michael O'Rielly, Commissioner, Federal Communications Commission 
favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion of 
the public interest, convenience, and necessity."). 
11 See, e.g., In the Matter of Grain Management, LLC's Request for Clarification or Waiver of Section 
l.2110(b)(3)(iv)(A) of the Commission's Rules, July 23, 2013, http:l/www.fcc.gov/document/commission-grants­
grain-management-waiver-section-1211 Ob3 .