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The Honorable Tom Wheeler 
Chairman, Federal Communications Commission 
445 12th Street, Southwest 
Washington, DC 20554 
June 15, 2016 
Dear Chairman Wheeler, 
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JUN 2 0 2016 
Pee Mail Room 
We write with interest in the FCC's ongoing proceedings to implement Section 629 of the 
Communications Act. We commend this effort to provide consumers with greater choice, and 
spur innovation. 
Ensuring the competitive availability of navigation devices can help expand consumer choice in 
terms of both features and prices. Consumers could shop around and select from a range of 
competitive devices equipped with different features. And they would have greater options to 
purchase rather than lease a device -- not unlike the myriad options we all currently enjoy to 
purchase a modem and router rather than lease them from a multichannel video programing 
distributor (MVPD). These are the positive benefits promised by section 629, and we commend 
the effort to update the rules to that section so that it better serves consumers and reflects the way 
technology has evolved. However, we wish to highlight some potential issues related to 
protecting consumer privacy that we feel remain unresolved, and urge the Commission to 
address these with the utmost care before moving forward in the rulemaking process. 
As the NTIA noted in a letter dated April 14, 2016, there are very real privacy concerns the 
Commission should consider to ensure that its actions in addressing the set top box market does 
not degrade existing privacy protections for consumers. We are particularly concerned that the 
self-certification process that has been suggested for MVPDs does not provide an adequate level 
of protection for consumers. There remain critical unanswered questions about this framework, 
such as who will ensure compliance, what source of law will provide the teeth behind 
enforcement, and how consumers will be assured that they will retain their existing consumer 
remedies for infringements of privacy. Even if, as the Federal Trade Commission (FTC) staff 
notes, the FTC might play an enforcement role under Section 5 of the FTC Act, the FTC does not 
have the authority to award private damages or to create a consumer's private right of action. 
Nor can the FTC assure the same protections for consumers against government agencies who 
seek personally identifiable viewing records as consumers are provided under Section 631. 
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Keeping these concerns in mind, we urge the Commission to pursue a privacy framework that is 
robust, enforceable and technology-neutral, providing parity between cable providers' devices 
and new market entrants' devices. 
Thank you for taking these concerns into consideration. Should you have any questions, please 
feel free to contact my staff, Lauren Soltani at lauren.soltani@mail.house.gov or 202-225-6311. 
Sincerely, 
. DelBene (WA-01) Steve Cohen (TN-09) 
Member of Congress 
David N. Cicilline (RI-01) Cheri Bustos (IL-1 7) 
Member of Congress Member of Congress 
Member of Congress 
L L1 
David Loebsack (IA-02) Donald Norcross (NJ-01) 
Member of Congress 
Rick Larsen (WA-02) 
Member of Congress Member of Congress 
Member of Congress