WASMINGTON OP',-IC£ COMMITTEE ON ENERGY AND COMMERCE 2058 RAVBUAN House 0,.l"ICE BUILDING V1cE CHAIR WASHINGTON, 0 . C . 20515 SuacOMMITTEE ON 1202) 225-6231 COMMUNICATION ANO TECHNOLOGY SUBCOMM ITTEE ON DISTRICT 01"'"1CE ENVIRONMENT AND CLIMATE CHANGE 222 LCNOX ROAD Suru_ I & 2 BROOKLVN, NY 11226 SIJDC"OMHITTCC O N (118) 287-1142 0VER&IGHT ANO INVESTIGATION COMMITTEE ON HOMELAND SECURITY WEBSITE SuecoM~" TTI~.Jc on WWW,C:Ultl"-1.. HOUALGOV 80AOER SECURI TY, FACILITATION , ANO OPERATIONS SUBCOMMITTEE ON EMEROENCV PRl:P ... RECNESS, R£SPONSE AND RECOVERY May 9, 2019 291 The Honorable Ajit Pai, Chairman Federal Communications Commission 455 12th Street, Southwest Washington, DC, 20544 Dear Chairman Pai, I write regarding the Federal Communications Commission's Second Further Notice of Proposed Rulemaking in the matter of"Implementation of Section 621(a) (1) of the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992" (MB docket No. 05-311; FCC 18-131) and, in particular, the proposed re-interpretation of "franchise fee" to include cable related "in-kind contributions" in the definition. The proposed rules would effectively rewrite the Cable Act. I request the FCC not attempt to alter the original meaning of franchise fees. To do so would reduce the value of the publicly-owned rights-of-way upon which telecommunications companies earn tremendous profits. PEG stations and cities of all sizes have relied upon the stability of franchise agreements under the current system in the decades since the passage of the Cable Communications Policy Act of 1984 (Cable Act). I am very concerned that this proposal would harm my constituents by reducing their access to Public, Educational and Government (PEG) programming-the communications resources our communities need to function effectively. Under the system established by the Cable Act, PEG stations gained critical resources for the community in exchange for cable company use of public property and the public rights-of-way. These franchise agreements set a reliable benchmark which PEG stations use to plan and support their public services-as well as a predictable cost structure for cable companies. The Commission's proposed rule would potentially alter, at the cable operators' sole discretion, the terms of existing governing agreements between Local Franchising Authorities and cable operators. In particular, the proposed rule would allow cable companies to charge non-cash items such as promotional advertisements, cable service to classrooms, senior and low-income discounts, transmission services from video origination points, and even schedule information on electronic program guides against the 5% franchise fee cap. This would pull the rug out from underneath PEG stations as it dramatically threatens the system established by the Cable Act. The proposed change would inadvertently create a chaotic, antagonistic situation for both the cities and the market as existing and potential relationships are thrown into uncertainty. Further, the proposed change goes against the Congressional intent of the Cable Act which explicitly sets forth a purpose to "establish franchise procedures and standards ... which is to insure that Cable Systems are responsive to the needs and interests of the local community" and to "assure that cable communications provide and are encouraged to provide the widest possible diversity of information services and resources and services to the public." (47 U.S.C. § 521) Our community loves and appreciates its Public Access programming. BRICs Brooklyn Free Speech enhances the public service capability of nonprofits, gives a voice and resources to a vibrant arts community, and unifies one of the most culturally diverse communities in the United States. Public Access provides a respected forum for good people who may otherwise struggle to be heard above the din. BRIC also provides media and arts education in more than 40 public schools-in some cases it is the only arts exposure our young students experience. New York is tremendously complex city of 11 million citizens. Our government access is a critical ingredient in ensuring that an informed citizenry is able to participate in a healthy democracy. I encourage you to avoid any final decision that could threaten the sustainability of PEG stations or their ability to provide meaningful and important content to local communities. I encourage you to continue with franchising as laid out in the Cable Act and backed by decades of shared practice and understanding. nvr~P~ resentative Yvette D. Clarke Member ofCongress Member, Subcommittee on Technology and Communications CC: The Honorable Michael O'Rielly, Commissioner The Honorable Brendan Carr, Commissioner The Honorable Jessica Rosenworcel, Commissioner The Honorable Geoffrey Starks, Commissioner