QI:ongress of t!Te ~niteh ~fates 
ma.sl1ington, BC!t 20515 
The Honorable Tom Wheeler 
Chairman 
May 11, 2016 
Federal Communications Commission 
445 12•h Street SW 
Washington, DC 20554 
Dear Chairman Wheeler, 
As Co-Chairs of the Congressional Privacy Caucus, we write to express our concern that existing 
privacy protections enjoyed by cable and satellite subscribers will not be retained as the 
Commission moves forward on a rulemaking regarding third party navigation devices. 
Sections 631 and 338(i) of the Communications Act provide clear and specific protections for the 
privacy of cable and satellite subscribers. Multichannel Video Programming Distributors 
(MVPD) must clearly and conspicuously explain data collection and use practices to consumers 
as well as being prohibited from collecting personally identifiable information without the 
subscriber's prior consent. Additionally, subscribers are entitled to private rights of action 
through the federal courts should these privacy protections be violated. 
Under the current Commission proposal, third parties would be required to self-certify that they 
will, and do, adhere to privacy protections in sections 631 and 338. Should the MVPD believe 
that the third party has violated the self-certification requirement the only remedy to immediately 
protect customer information would be to shut off service to all users of a third party device or 
application found to be in violation of the self-certification. This outcome will harm consumers 
equally if not more so than it would the third party in violation of sections 631 and 338. 
We agree that providing for robust competition in navigation devices, as directed by Congress, 
should be pursued by the FCC. However the Commission chooses to go forward, its actions 
cannot result in a loss of privacy protections, customers' loss of service through no fault of their 
own or that of an MVPD, or customers' private right of action against violators. 
We respectfully request that the Commission take these concerns into account and we look 
forward to hearing from you directly as to how our shared concerns will be addressed moving 
forward. 
Diana DeGette 
Member of Congress 
Sincerely, 
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