STEVE SCALISE 
1ST DISTRICT, LOUISIANA 
MAJORITY WHIP 
q[ongress of tbe mtntteb ~tates 
1!}ouse of l\epresentatibes 
Bnsbington, iD<S: 20515- 6503 
The Honorable Tom Wheeler 
Chairman 
Federal Communications Commission 
445 12th Street, SW 
Washington, DC 20554 
Dear Chairman Wheeler: 
July 26, 2016 
H-329 U.S. CAPITOL 
WASHINGTON, DC 20515 
(202) 225--0197 
On February 18, 2016, the Federal Communications Commission (FCC) voted to adopt a Notice 
of Proposed Rulemaking with the intended purpose of creating competition in the video set-top 
box marketplace. Billed as an effort to "unlock the box," the FCC proposes to require 
multichannel video programming distributors (MVPDs) to provide sensitive consumer data to 
third-pa1iy device manufacturers in an attempt to create a new set-top box market, cede 
enforcement of impmiant contractual provisions, and provide valuable content to third-parties 
without a copyright license. The FCC alleges that the new rules are necessary to increase 
innovation and lower prices for consumers, yet the proposal ignores the many innovations 
already occurring today. Unfortunately, these burdensome regulations would bring drastic 
changes to the marketplace that will likely have the reverse effect of harming consumers. 
Commercial stakeholders and a number of bipartisan Congressional colleagues have weighed-in 
with critical questions about the potential negative impacts of this proposal on American 
consumers. Some of the most problematic concerns that have been raised include the exposure of 
sensitive consumer data, protection of valuable programming content, the ability of small and 
rural MVPDs to comply with heavy-handed mandates, and the potential hann the rules would 
have on independent and minority programmers. In my opinion, this robust record of concern 
and opposition justifies abandomnent of the proposal. 
As you know, following widespread objection from industry and Congressional leaders, a 
diverse multitude of stakeholders presented an alternative proposal that focuses on "ditching" the 
box altogether instead of the FCC's shortsighted goal of "unlocking" it. This alternative plan 
more accurately reflects the state of today's marketplace by allowing consumers to download an 
app on a smart TV or any other connected device, thereby ensuring that copyright licenses are 
protected while eliminating the need for a set-top box and the accompanying monthly set-top box 
rental fees. This industry compromise would help achieve the FCC's original mission of creating 
more choice for consumers without tinkering with the dynamic innovation already flourishing 
among stakeholders. 
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It has become increasingly evident that the original "set-top box" proposal is deeply flawed and 
should be abandoned. Instead of rushing the original proposal through the rulemaking process to 
meet an artificial deadline, it is my hope that the FCC will strive for industry collaboration and 
give every consideration to the alternative approach recently submitted. I urge you and your 
colleagues to seize this opportunity by going back to the drawing board and charting a new path 
forward that encourages bold innovation and truly benefits consumers. 
Sincerely, 
Steve Scalise 
Majority Whip 
cc (by email only): Mignon Clyburn, Commissioner, Federal Communications Commission 
Jessica Rosenworcel, Commissioner, Federal Communication Commission 
Ajit Pai, Commissioner, Federal Communications Commission 
Michael O'Rielly, Commissioner, Federal Communications Commission