FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN December 31, 2019 The Honorable Edward J. Markey United States Senate 255 Dirksen Senate Office Building Washington, DC 20510 Dear Senator Markey: Thank you for your letter regarding the Commission s decision to grant Charter Communication s Petition for Determination of Effective Competition in 32 Massachusetts Communitiesand Kauai, HI at its open meeting in October. The Commission s decision thoroughly analyzed the statutory local exchange carrier (LEC) test established by Congress in Section 623(l)(1)(D) of the Communications Act. (As you know, this provision recognizes competing video programming provided by affiliates of LECs as effective competition for purposes of rate deregulation.) The Commission then spoke with a bipartisan voice and without dissent in granting the petition. Specifically, the Commission considered the arguments in the record to reach the legal conclusion that the AT&T TV NOW service met the established LEC test criteria necessary to provide effective competition to Charter in the relevant communities. This decision evinced a consensus among Commissioners that granting Charter s petition was consistent with the text of the statute. Please let me know if I can be of any further assistance. Sincerely, () Enclosure