tinitrd ~tetrs ~rnetr 
The Honorable Thomas Wheeler 
Chairman 
Federal Communications Commission 
445 Iiti Street SW 
Washington, DC 20554 
Dear Chairman Wheeler, 
WASHINGTON, DC 20510 
June 7, 2016 
We write regarding the Federal Communications Commission's (FCC) recently proposed rule, 
The Competitive Availability of Navigation Devices. While your efforts to support competitive 
environments in the telecommunications industry and support for innovation are important, we 
are concerned there is not a publicly available cost benefit analysis for this rule. This rule has the 
potential for significant impact on all multichannel video programming distributors (MVPD), 
particularly small MVPDs, and could negatively affect customers across the nation. 
A formal cost benefit analysis is an effective way for an agency to demonstrate the case in favor 
of a new rule by showing that expected benefits, both qualitative and quantitative, outweigh 
expected costs. Such analysis has also been a helpful tool to allow the general public to stay 
informed of the decisions a federal agency makes regarding proposed regulations. We 
understand that, given the FCC's independent regulatory status, your commission does not have 
to submit formal cost benefit analysis to the Office of Information and Regulatory Affairs as 
traditional executive agencies do. However, it is worth noting that independent regulatory 
agencies often choose to closely examine and consider costs and benefits when developing a 
rule. 
We have heard from a number of small MVPDs in our states who have voiced their concern over 
this rule. As you know, small MVPDs often do not make a significant profit from providing 
· video services to their customers, many of whom already purchase their internet and landline 
telephone services from the cable providers. For these smaller MVPDs, making up for stranded 
investments and accounting for new compliance efforts can force them to end the distribution of 
video services to their customers. This is most problematic in rural areas where a consumer may 
have no other option for their video service. An open and detailed examination of costs and 
benefits associated with this rule would hopefully demonstrate that such worries are unfounded. 
We urge you to consider qualitative and quantitative costs and benefits during this rulemaking 
process and commit to include, in the publication of the final rule, analysis of the impact of this 
rule on small MVPDs and how allowing third-party access to the program encryption, would 
improve consumer choice. Thank you for your attention to this matter, and we look forward to 
hearing from you. 
Heidi Heitkamp 
United States Senator 
Sincerely, 
449