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 Federal  Communications  Commission  FCC  04-  5 
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 Joint  Statement  of  Commissioners  Michael  J.  Copps  and  Jonathan  S.  Adelstein, 
 Concurring 
 Re:  Annual  Assessment  of  the  Status  of  Competition  in  the  Market  for  the  Delivery  of  Video  Programming 


 Congress  charged  the  Commission  in  Section  628(  g)  with  reporting  annually  on  “the  status  of  competition  in  the  market  for  the  delivery  of  video  programming.”  As  we  release  this  Tenth  Report,  we 
 are  concerned  that  these  Reports  are  becoming  mere  recitations  of  the  record  we  receive  in  response  to  our  Notice  of  Inquiry,  rather  than  an  in-  depth  analysis  of  the  status  of  competition. 


 Congress  directed  the  FCC  to  focus  on  competition  because  it  recognized  the  power  of  competition  to  give  consumers  more  choices,  lower  prices,  better  services,  and  access  to  more  sources  of 
 content.  Yet,  this  Report  fails  to  examine  adequately  the  circumstances  that  distinguish  those  places  where  competition  is  occurring  and  those  where  it  is  not.  It  fails  to  evaluate  barriers  to  greater 
 competition.  And  it  fails  to  consider  sufficiently  such  important  issues  raised  in  the  Notice  as  the  availability  of  independently-  produced  programming,  children’s  programming,  locally-  produced 
 programming,  and  non-  English  programming.  In  sum,  it  simply  fails  to  delve  beneath  the  surface. 
 We  took  issue  with  our  other  Report  on  cable  rates  issued  last  July  because  the  Commission  conducted  little  analysis  other  than  pointing  out  that  cable  rates  are  increasing,  something  most  consumers 
 already  know  all  too  well.  We  are  concerned  that  we  may  be  heading  down  the  same  road  with  this  Report. 


 At  a  time  of  significant  increases  in  cable  rates  year  after  year  –  8.2  percent  last  year  and  40  percent  over  the  last  five  years,  all  significantly  in  excess  of  the  rate  of  inflation  --  Congress  and 
 American  consumers  deserve  a  better  effort  from  the  FCC. 
 In  part,  the  fault  lies  with  the  limited  data  we  received  in  response  to  our  Notice.  We  urge  the  Commission  to  undertake  a  more  pro-  active  and  comprehensive  information  gathering  effort  for  our  next 
 Report.  This  Report  serves  as  the  factual  foundation  for  many  Commission  decisions  as  well  as  providing  Congress  with  statutorily-  mandated  information  that  can  inform  the  national  policy  debate. 


 None  of  our  comments  on  this  Report  should  take  away  from  the  investments  that  have  been  made  by  those  that  deliver  video  programming.  Nor  do  they  diminish  the  benefits  American  consumers 
 receive  as  new  services  are  deployed.  But,  as  the  government’s  expert  agency,  the  Commission  must  do  more  to  gather  accurate  and  complete  data  as  well  as  provide  the  information  and  analysis  that  Congress 
 required. 
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