[Senate Hearing 111-357]
[From the U.S. Government Publishing Office]
S. Hrg. 111-357
NOMINATIONS OF MIGNON L. CLYBURN
AND MEREDITH ATTWELL BAKER TO THE
FEDERAL COMMUNICATIONS COMMISSION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JULY 15, 2009
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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52-755 WASHINGTON : 2009
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MEL MARTINEZ, Florida
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce H. Andrews, General Counsel
Christine D. Kurth, Republican Staff Director and General Counsel
Brian M. Hendricks, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on July 15, 2009.................................... 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Hutchison................................... 3
Statement of Senator DeMint...................................... 5
Statement of Senator Begich...................................... 5
Statement of Senator Ensign...................................... 26
Statement of Senator Lautenberg.................................. 28
Prepared statement........................................... 30
Statement of Senator Johanns..................................... 31
Statement of Senator Cantwell.................................... 32
Statement of Senator Thune....................................... 34
Statement of Senator Klobuchar................................... 35
Statement of Senator Dorgan...................................... 39
Witnesses
Hon. Lindsey Graham, U.S. Senator from South Carolina............ 4
Mignon L. Clyburn, Commissioner-Designate, Federal Communications
Commission..................................................... 5
Prepared statement........................................... 7
Biographical information..................................... 8
Meredith Attwell Baker, Commissioner-Designate, Federal
Communications Commission...................................... 13
Prepared statement........................................... 15
Biographical information..................................... 16
Appendix
Response to written questions submitted to Mignon L. Clyburn by:
Hon. John D. Rockefeller IV.................................. 43
Hon. Daniel K. Inouye........................................ 43
Hon. John F. Kerry........................................... 43
Hon. Frank R. Lautenberg..................................... 44
Hon. Tom Udall............................................... 44
Hon. Mel Martinez............................................ 47
Hon. John Ensign............................................. 48
Hon. Johnny Isakson.......................................... 49
Hon. David Vitter............................................ 49
Hon. Jim DeMint.............................................. 50
Hon. Olympia J. Snowe........................................ 51
Hon. Charles Grassley........................................ 53
Response to written questions submitted to Meredith Attwell Baker
by:
Hon. John D. Rockefeller IV.................................. 54
Hon. Daniel K. Inouye........................................ 55
Hon. John F. Kerry........................................... 55
Hon. Frank R. Lautenberg..................................... 55
Hon. Tom Udall............................................... 56
Hon. Olympia J. Snowe........................................ 58
Hon. Jim DeMint.............................................. 60
Hon. Johnny Isakson.......................................... 61
Hon. Charles Grassley........................................ 61
NOMINATIONS OF MIGNON L. CLYBURN
AND MEREDITH ATTWELL BAKER TO THE
FEDERAL COMMUNICATIONS COMMISSION
----------
WEDNESDAY, JULY 15, 2009
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
253, Russell Senate Office Building, Hon. John D. Rockefeller
IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. Now this hearing does come to order.
And before I start, I want to acknowledge there are some
extremely important people here, and I want to introduce them,
and then I'll make a statement. And then Senator Kay Bailey
Hutchison, the Ranking Member, will make a statement and then I
will explain after that.
First of all, I want to welcome the father and mother of
Ms. Clyburn for appearing today, the Majority Whip of the House
Jim Clyburn and his wife, Emily.
Mr. Clyburn. Thank you, Mr. Chairman.
[Applause.]
The Chairman. Representative Bennie Thompson.
[Applause.]
The Chairman. Representative Carolyn Kirkpatrick.
[Applause.]
The Chairman. Representative G.K. Butterfield. I love that
name.
[Laughter and applause.]
The Chairman. And Representative Henry Brown.
[Applause.]
The Chairman. All right. I will proceed to my statement. I
welcome all of you here. The room is very crowded. That means
you are here on behalf of the future of one of the two most
important agencies in all of government, not that well-known,
but to those who live and die by it, very well-known. The FCC
has enormous, wide-ranging authority, and the question is, will
it exercise it, will it expand it, will it not exercise it.
From broadband wireless to television content, a topic that
I care very much about, this is the agency that oversees it
all. Interestingly, they oversee violence, but they don't
oversee bad language or promiscuity or things of that sort. And
they are still going on the assumption, the FCC, that adult
time begins at 10 o'clock, because all kids are asleep. Having
several kids and grandkids, it's my general impression that's
when kids begin doing their homework--at 10 o'clock. So what is
on TV at that point makes a lot of difference and the FCC has
everything to do with that.
Because we entrust our powers to the FCC Commissioners, we
naturally come to expect a lot from them. And I will say this,
that in my judgment, the FCC is a broken agency waiting for the
right kind of leadership, and the commissioner and commission
need to make it work in the way that it absolutely must as we
go into the years ahead.
I think that it should rely on facts. It should accept bad
news. It shouldn't be ideological. I think it has been. That's
my view. It may not be shared by others. I think where it
should be open and transparent, it has been opaque and
beholden, quite frankly, to those interests that it regulates.
That's not a happy combination in government. Worse, I believe
it has lost sight of its mission, helping all consumers,
consumers being the American people, benefit from the great
explosion of communication technology that is changing our
economy and changing our world.
There is almost nothing in the world of inter-connection or
telecommunications, anything that you want, that the FCC
doesn't touch and make basic decisions about. So I charge both
of our nominees today to do their part to repair this agency,
and I'm sure they will, with the perspectives you bring to the
table. I thank the nominees who are now before me for bringing
to this Commission a lot of experience. Ms. Clyburn, you have a
seasoned history of being a state regulator and you can share
that, you know exactly what it is all about, and you come from
rural America which makes somebody from West Virginia happy.
In Ms. Baker, we have somebody who is coming from the
trenches and one of the most important and misunderstood or not
understood agencies in the Federal Government, the NTIA, and
she knows telecommunications issues from the inside out, no
questions asked. Very strong and very good. Both are devoted
public servants.
So show us, I would charge you both, that the FCC can put
consumers first, show us that the agency can produce data that
we can trust; show us that the agency can produce data that we
can see; and show us that the American people can have access
to first-class communications, no matter who they are and where
they live. That is a huge subject.
This committee is going to be watching very carefully. We
are very much an oversight committee, any committee has that
responsibility, but we have to be extra stringent on that. So I
look forward to the testimony of the two who are before us.
Before that, I want to apologize, because as happens around
here, but not ordinarily under circumstances as important such
as this, like the FCC, but we have the Intelligence Committee
reauthorization that has some fairly basic principles in it
that have to be voted on, and I have to be there. I have to be
there.
So my good friend from Alaska, another metropolitan state,
is going to be taking over, Mark Begich. He is new. This is his
first year, and yet if you watch him and listen to him, you
would think he has been here for 30 years. So I thank all of
you. I apologize to all of you, and particularly, of course, to
our witnesses, and now I present to you, Kay Bailey Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you very much, Mr. Chairman. I am
very pleased that we are finally getting closer to having a
full FCC and I think this is a great step in the right
direction. I want to also acknowledge the names of another
mother and father in the room, and that is Kirby and Nancy
Attwell, who are the mother and father of our nominee, Meredith
Baker, and her husband, James Baker, Jamie, we are glad you are
here.
And Meredith, if there are others you want to introduce,
you can do so later, but I was very pleased that they would be
able to come and give their support.
I do want to welcome Meredith, as her home state Senator,
and also say that it has been wonderful to get to know her
incredible experience in FCC policymaking. She will be a great
asset to the debate at the FCC. She has a solid grasp of the
technical issues which will surely help guide her as the
Commission considers and develops the National Broadband plan.
Moreover, she has much experience working with the public
safety community and as the FCC looks to make a national
interoperable wireless network, she will be a valuable voice in
the Commission.
Our state is 80 percent rural. Being a native of Texas will
no doubt provide Meredith with the unique understanding of the
communications issues facing rural and urban America.
Mignon Clyburn also has vast experience and I was very
happy to meet with her in my office in the run-up to this
hearing. Her background is in print media. That provides an
important perspective to understand the difficulties faced by
newspapers and other media outlets in these very difficult
economic times. She also has an impressive public service
background which I hope will help guide her through the very
important media issues at the FCC.
Mr. Chairman, we have two extraordinary women with deep
commitments to public service before us this afternoon, and I
am looking forward to hearing from both of them and working
with you to confirm both of them on an expeditious basis, so
that the FCC can get to the business of dealing with all the
issues that we have talked about and know are so important for
the communications and the technology revolution that is
happening. And I am ready for them to roll up their sleeves and
help solve those problems. So thank you, Mr. Chairman, and I
look forward to working with you toward their confirmation.
The Chairman. Thank you very much, I would say to the
distinguished Senator from Texas. I would like to introduce now
Senator Lindsey Graham, who if I can guess correctly, will be
making a certain introduction, and I hope that you won't take
the other side of the case.
[Laughter.]
STATEMENT OF HON. LINDSEY GRAHAM,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Graham. I think we are on the same sheet of music
here.
Thank you, Mr. Chairman. And I am honored to be here. You
know we have the Supreme Court confirmation going on with Judge
Sotomayor. There is a lot happening in the Senate today. It's a
busy place, but I am so glad we have two nominees to fill out
the Federal Communications Commission because of the role they
play.
Congressman John Spratt is here to show support for our
nominee, Mignon Clyburn and her family and Henry Brown. And I
think it speaks a lot for our South Carolina delegation for
Henry and John to come over. As these two nominees answer your
questions and I am sure they will be penetrating questions as
they should be, about how we move forward and where do we take
rural America and urban America when it comes to the 21st
Century, what I am here for today is vouch. South Carolina is a
small state, and we all pretty much know each other, our warts
and all. And I tell you, you cannot have a better person
representing the people of the United States than Ms. Clyburn.
You mentioned something in your opening statement about
trust. That this committee would trust that the Commission
share information necessary for the Commission to have
oversight and for the country to move forward in a good way.
One thing I can tell you about Ms. Clyburn that all of us who
know her and worked with her throughout the years trust her.
She will be honest with you and put the best interests of the
United States ahead of her own.
I know this is a big moment for her parents and her family.
Her dad is a successful leader in the state and Nation and I
know her parents very well, and I am sure they are here today
as parents. We all speak well of this family. The Public Works
Commission in South Carolina, Mr. Chairman, is a very big deal.
It regulates powerful interests and industries and she has been
on that commission, she has been a chairman of that commission,
so the issues that she will be dealing with in the Federal
Communications Commission will not be unknown to her. And the
leadership she provided our state at the Public Service
Commission will help this country.
I know my colleague, Senator DeMint, shares these views but
home state Senators are expected to come and speak for someone
from their state. This is not expected of me in this case. I am
proud to be here. And I hope every member of this committee
will understand that this fine young lady is the right person
at the right time for this most important job. And she is well-
qualified, and I hope she gets confirmed unanimously. Thank you
very much.
The Chairman. Thank you very much, Senator Graham. John
Spratt has come and I hope that he will stand, so he can be
recognized.
[Applause.]
And Senator DeMint, as word has it, is from South Carolina
and may well have something he wishes to say.
STATEMENT OF HON. JIM DeMINT,
U.S. SENATOR FROM SOUTH CAROLINA
Senator DeMint. Thank you, Mr. Chairman. I would like to
add my support to Ms. Clyburn and I'm particularly delighted to
support her because this means that Jim Clyburn, John Spratt
and Jim DeMint are in complete agreement on an issue. I would
like to welcome my other House colleagues here and just add a
little bit to what has already been said.
We know how important the FCC is. There is a lot that has
to be done. The communication sector is growing at an
incredible pace with innovation and new technologies that we
never dreamed we would be dealing with, which makes the issues
of regulation very complex.
After talking with Ms. Clyburn, I am impressed by her years
of service on the Public Service Commission, her experience in
small business and her civic involvement, which is particularly
important to me as I look at what she did with the YWCA and the
South Carolina Cancer Center and the Columbia College Board of
Visitors. It shows a servant's heart and someone involved in
causes much bigger than themselves. And I think she is a great
representative of what is best about South Carolina and our
country, and I am honored to support her today. Thank you, Mr.
Chairman.
STATEMENT OF HON. MARK BEGICH,
U.S. SENATOR FROM ALASKA
Senator Begich [presiding]. Thank you very much, Senator.
Let me--this is my first time to chair, so you'll have to bear
with me.
Let me, if I can, have the two witnesses come forward, the
two nominees. Each one will have five minutes to make her
opening statement afterward we'll go through a rotation of
questions from members of the Committee. Ms. Clyburn, you will
be first.
STATEMENT OF MIGNON L. CLYBURN, COMMISSIONER-DESIGNATE, FEDERAL
COMMUNICATIONS COMMISSION
Ms. Clyburn. Thank you, Senator. I would like to thank
Chairman Rockefeller, Ranking Member Hutchison and
distinguished Members of the Committee for the great privilege
of appearing before you today as a nominee for the Commissioner
of the Federal Communications Commission. I applaud the
Chairman's call for an FCC that serves all Americans and share
his passion for and commitment to meaningful reform.
The FCC should never lose sight of the public interest it
was created to protect. The Chairman's leadership on this score
has been extraordinary. Senator Hutchison, if confirmed, I look
forward to working with you to develop a communications policy
that reflects a keen awareness of the impact of the
Commission's decisions on both consumers and industry
stakeholders.
I would like to thank Senator Graham for introducing me
today. Senator Graham has a long and distinguished record of
public service, and I am humbled by his kind words in support
of my nomination. I also would like to thank and acknowledge my
other Senator, Mr. DeMint, another distinguished public servant
with whom I look forward to working on communications issues,
if confirmed.
I would also like to acknowledge, as was mentioned earlier,
the support and presence of a number of Members of Congress who
you have introduced this afternoon. I am deeply honored by
President Obama's nomination to serve as a Member of the
Commission. If confirmed, I pledge to work with each member of
this Committee to ensure that the FCC is fair, open, and
transparent, and that it protects consumers, encourages robust
competition in the marketplace, and champions technological
innovation.
My record reflects an understanding of the kinds of
challenges faced by everyday Americans. I began my professional
career by serving for 14 years as Publisher, General Manager
and Lead Editor of the Coastal Times, a weekly newspaper
serving greater Charleston. The paper, a business I helped
build from the ground up, offered a voice to those individuals
and families whose stories were rarely covered by the
mainstream press, and reported on issues and events with direct
relevance to their daily lives.
That experience has served as a guide in my current role as
a member and former chair of the South Carolina Public Service
Commission. During my 11 years at the Commission, I never lost
sight of the fact that at the end of every Commission decision,
our customers, consumers and businesses are left to contend
with the consequences of our actions. A successful regulatory
agency must weigh these implications in order to best
understand where and in what circumstances regulations make
good sense.
I am also a strong believer in the value of collaboration
within and among levels of the government. As current Chair of
the Washington Action Committee for the National Association of
Regulatory Utility Commissioners, I have witnessed firsthand
the benefits of and necessity for cooperation among local,
state, and Federal Governmental agencies. These partnerships
are essential to achieving a uniform and predictable regulatory
environment in which technological innovation can thrive.
I appear before you well aware of the formidable economic
challenges our Nation faces today. I firmly believe however,
that we have at our disposal a communications sector that, if
harnessed, should be a leader in our Nation's economic recovery
and long-term sustainable economic growth. Our success will
depend in large measure upon our ability to think creatively,
spur innovation and work together to use communications
technologies in a way that enables businesses to succeed and
improve the lives of Americans.
We must also ensure that all Americans have access to and
can make productive use of the communications tools essential
to making the American dream a reality. Most notably, by
providing universal high-speed, high quality, affordable access
to broadband, we can establish the essential underpinnings for
enduring national prosperity.
Before closing, I would like to thank my family and
friends, many of whom are here today for their constant love
and support. My father, James, who many of you know, has
instilled in me the value of courage and compassion and
stressed their importance in the world of public service. My
mother, Emily, a retired librarian, shared with me her love of
learning and the power of knowledge. My siblings, Jennifer, a
public schoolteacher and Angela, a wellness advocate, taught me
the art of diplomacy and the value of respecting and
appreciating all points of view.
It would be my sincere honor to utilize these qualities
working with Chairman Genachowski, Commissioners Copps,
McDowell and Baker, if confirmed, the outstanding FCC staff,
and the distinguished Members of this Committee to confront our
Nation's economic and communications challenges. If confirmed,
I will not take lightly your trust.
Chairman. Senator----
[Laughter.]
Senator Begich. It's a bait and switch.
Ms. Clyburn. And members of the Committee, I again thank
you for the opportunity to appear before you today and I am
pleased to answer your questions.
[The prepared statement and biographical information of Ms.
Clyburn follows:]
Prepared Statement of Mignon L. Clyburn, Commissioner-Designate,
Federal Communications Commission
Thank you, Chairman Rockefeller, Ranking Member Hutchison, and
distinguished Members of the Committee for the great privilege of
appearing before you today as a nominee for Commissioner of the Federal
Communications Commission.
Mr. Chairman, I applaud your call for an FCC that serves all
Americans and share your passion for and commitment to meaningful
reform. The FCC should never lose sight of the public interest it was
created to protect. Your leadership on this score has been
extraordinary.
Senator Hutchison, if confirmed, I look forward to working with you
to develop a communications policy that reflects a keen awareness of
the impact of the Commission's decisions on both consumers and industry
stakeholders.
I would like to thank Senator Graham for introducing me today.
Senator Graham has a long and distinguished record of public service,
and I am humbled by his kind words in support of my nomination. I also
would like to acknowledge my other Senator, Mr. DeMint, another
distinguished public servant with whom I look forward to working on
communications issues, if confirmed.
I am deeply honored by President Obama's nomination of me to serve
as a member of the Commission. If confirmed, I pledge to work with each
member of this Committee to ensure that the FCC is fair, open and
transparent, and that it protects consumers, encourages robust
competition in the marketplace and champions technological innovation.
My record reflects an understanding of the kinds of challenges
faced by everyday Americans. I began my professional career by serving
for 14 years as Publisher, General Manager and Lead Editor of The
Coastal Times, a weekly newspaper serving Greater Charleston. The
paper--a business I helped build from the ground up--offered a voice to
those individuals and families whose stories were rarely covered by the
mainstream press, and reported on issues and events with direct
relevance to their daily lives.
That experience has served as a guide in my current role as a
member--and former Chair--of the South Carolina Public Service
Commission. During my 11 years at the Commission, I have never lost
sight of the fact that at the other end of every Commission decision
are consumers and businesses that are left to contend with the
consequences of our actions. A successful regulatory agency must weigh
these implications in order to best understand where and in what
circumstances regulation makes good sense.
I am also a strong believer in the value of collaboration within
and among levels of the government. As the current Chair of the
Washington Action Committee for the National Association of Regulatory
Utility Commissioners, I have witnessed first-hand the benefits of and
necessity for cooperation among local, state and Federal Governmental
agencies. These partnerships are essential to achieving a uniform and
predictable regulatory environment in which technological innovation
can thrive.
I appear before you well aware of the formidable economic
challenges our Nation faces today. I firmly believe, however, that we
have at our disposal a communications sector that, if harnessed, should
be a leader in our Nation's economic recovery and long-term sustainable
economic growth. Our success will depend in large measure upon our
ability to think creatively, spur innovation and work together to use
communication technologies in a way that enables businesses to succeed
and improve the lives of Americans.
We also must ensure that all Americans have access to and can make
productive use of the communications tools essential to making the
American Dream a reality. Most notably, by providing universal, high-
speed, high-quality affordable access to broadband we can establish the
essential underpinnings for enduring national prosperity.
Before closing, Mr. Chairman, I would like to thank my family and
friends, many of whom are here today, for their constant love and
support. My father, James, who many of you know, has instilled in me
the values of courage and compassion, and stressed their importance in
the world of public service. My mother, Emily, a retired librarian,
shared with me her love of learning and the power of knowledge. My
siblings Jennifer, a public school teacher, and Angela, a wellness
advocate, taught me the art of diplomacy and the value of respecting
and appreciating all points of view.
It would be my sincere honor to utilize those qualities working
with Chairman Genachowski, Commissioners Copps, McDowell and Baker, if
confirmed, the outstanding FCC staff, and the distinguished Members of
this Committee to confront our Nation's communications challenges. And
if confirmed, I will not take lightly your trust.
Chairman Rockefeller and Members of the Committee, again I thank
you for the opportunity to appear before you today, and I am pleased to
answer your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Mignon Letitia Clyburn.
Nickname: Ming.
2. Position to which nominated: Commissioner, Federal
Communications Commission.
3. Date of Nomination: June 25, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: South Carolina Public Service Commission, 101 Executive
Center Drive, Columbia, SC 29210.
5. Date and Place of Birth: March 22, 1962; Charleston, SC.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage): N/A.
7. List all college and graduate degrees. Provide year and school
attended.
University of South Carolina, Columbia, SC, 1980-1984.
B.S. Business Administration--Banking & Finance and Economics.
(I also graduated from the South Carolina Executive Institute
in 2000).
8. List all post-undergraduate employment, and highlight all
management- level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Public Service Commission of South Carolina, State Utilities
Commissioner, 1998-present; Chair, 2002-2004.
The Coastal Times newspaper, 1984-1998, Publisher, General
Manager.
The Coastal Times Today, Producer, public affairs program, UPN
Charleston, 1991-1992.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
South Carolina Advisory Committee, U.S. Commission on Civil
Rights, (1999-present), current Chair.
South Carolina Energy Advisory Council (2001-present).
South Carolina Education Oversight Committee, Common Ground
School Improvement Committee, 2005-2006.
Commission on Columbia City Government Reform and
Restructuring, 2005-2006.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
The Palmetto Project, Trustee, Secretary/Treasurer, 2004-
present.
Trident Technical College Foundation, Board and former
Executive Committee Member, 2001-present.
South Carolina Cancer Center Board, 2007-present.
Columbia College Board of Visitors, 2007-present.
YWCA of Greater Charleston, Board Member and President, 2006-
2008.
Reid House of Christian Service, Board Member, 2001-2008.
Edventure Children's Museum, Board Member, 1999-2005.
National Association of Regulatory Utility Commissioners,
(Member since 1998, Audit Committee Member since 1999, and
Washington Action Chair since 2006).
Southeastern Association of Regulatory Utility Commissioners
(Member since 1998, Chair 2003-2004).
Kernels and Kreme (ice cream and popcorn store), Partner, 2003-
2005.
Indigo Holding Company (real estate), President, 2001-present.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
The Palmetto Project, Trustee, Secretary/Treasurer, 2004-
present.
Reid House of Christian Service, Board Member, 2001-2008.
Edventure Children's Museum, Board Member, 1999-2005.
National Association of Regulatory Utility Commissioners, 1998-
present.
Southeastern Association of Regulatory Utility Commissioners,
1998-present.
The Links, Inc. (Charleston), 1999-present, women only.
The NAACP (Charleston), Life Member, 2001.
SC Coalition for Black Voter Participation, Life Member, 2002.
YWCA of Greater Charleston, 2005-present, women
only*
---------------------------------------------------------------------------
\*\ 2007--Roard membership restriction lifted.
---------------------------------------------------------------------------
Charleston County Democratic Women, 1985-2004.
Morris Brown AME Church, 1968-present.
United Negro College Fund, SC campaign, 1986-1999.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I have been elected four times (first in 1998, then in 2002, 2004,
2006 by the General Assembly) to the South Carolina Public Service
Commission, no debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
Friends of James E. Clyburn, $1,000, 2006.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Honored by Omega Psi Phi, Delta Sigma Theta, Phi Beta Sigma,
Sigma Gamma Rho Fraternities and Sororities for business and/or
community contributions.
Recognized for outstanding community service by Mt. Zion,
Morris Brown and St. Luke AME Churches, The Charleston Chapter
of The Islamic Society, Arabian Temple and Court, National
Council of Negro Women, United Negro College Fund, The NAACP,
The Association for the Study of African American Life and
History (Charleston), and The Moja Arts Festival.
Received awards from the Utilities Market Access Partnership
(NARUC program), Columbia Urban League (2006 Lincoln C. Jenkins
Award), and Terry School of Business (2006 James C. Bonbright
Award) for professional distinction.
Graduated from the South Carolina Executive Institute.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
While I have not authored any books, columns or publications, I
have made a number of presentations relevant to the position for which
I have been nominated:
National Foundation of Women Legislators, ``Transformative Power of
Broadband: Key Issues During Challenging Times,'' November 23, 2008,
Sarasota, FL.
Provided regulator's perspective on how to increase the
awareness for the need of broadband services and how this
technology can serve as part of the solution to the problems
that affect women's lives.
KMB Video Conference, May 7-8, 2007, St. Pete Beach, FL.
Moderated a panel on Universal broadband, and was a panelist on
the ``regulatory shill'' session that focused on the influence
of state legislatures Service Fund.
CTIA Wireless, I.T. & Entertainment, 2006, Los Angeles, CA.
Served on a panel with other state regulators focusing on the
benefits and perils of competition for consumers.
Emerging Issues Policy Forum, ``Innovation and Convergence in the
Communication Industry,'' May 7-10, 2006, Amelia Island, FL.
State and Federal regulators and industry leaders from across
the Nation discussed the future of regulatory policies and
investment practices in the telecommunications industry.
CTIA Wireless, I.T. & Entertainment, 2005, San Francisco, CA.
Commissioners from across the country gave their perspectives
on wireless broadband deployment and uptake, how their states
attract investment to this sector, taxes, inter-carrier
compensation, and the Universal Service Fund.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
I have never testified before Congress. I did, however, make two
presentations before Members of the Congressional Black Caucus in 2001
and 2003 on behalf of the Utility Market Access Partnership. This
partnership is a National Association of Utility Commissioner
sanctioned program that seeks to level the playing field for those
wishing to do business with investor-owned utilities.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
For 11 years, I have had the opportunity to represent the Sixth
Congressional District as a member of the Public Service Commission of
South Carolina--a state agency which regulates investor-owned utilities
that provide essential services for citizens living and working in the
``Palmetto State.'' On a daily basis, this position grants me an ``on
the ground floor view'' of how decisions made on the Federal level
impact persons and enterprises at the state and local levels. This
experience has made me keenly aware that decisions and policies enacted
in Washington not only have to be fair, balanced and for the greater
good, but also practical, deliverable and pragmatic.
As a State Utilities Commissioner, I interact daily with lawmakers,
``ratepayers'', investors, and Commissioners in other states and I look
forward to bringing this perspective to the FCC if confirmed as a
Commissioner.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
To the extent possible, I look forward to working with the Chairman
to ensure proper management and accounting controls. As chair of the
South Carolina Public Service Commission from 2002-2004, I managed a
staff of about 80 people. I saw it as my duty and primary
responsibility to foster an environment where there was transparency,
open lines of communication, proper training and clearly stated
objectives and expectations. If confirmed, I look forward to being a
member of a team which encourages, motivates and leads by example.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The National Broadband Plan
The Federal Communications Commission must produce to Congress
a national broadband plan by February 2010. Not only must the
plan set the stage for the manner in which we will achieve the
goals of high-speed affordable broadband for all Americans, but
also the process itself by which the plan is developed is
essential. In order to produce a comprehensive plan that
represents the views of all stakeholders, the Commission must
conduct the process in an open, transparent and inclusive
manner.
Universal Service Fund Reform
The Universal Service Fund has been an incredible tool for
bringing voice service to nearly every American--from the
highest populated to the most rural areas of the country. With
its successes, however, have come a number of challenges, and
many agree that the time has come for a serious evaluation of
the Fund's operation. I believe that as we look to reform the
USF, the FCC must have an open and transparent process that
encourages input from all corners of the Nation. Moreover, the
FCC must be thoughtful about the manner in which it goes about
any such reform, so that we preserve the great benefits the
Fund has yielded while making the necessary improvements.
Engaging Consumers
Following the delay of the transition to digital television,
the FCC did its best to transform itself into a consumer-
focused agency. From what I understand, the results were
impressive and the Commission staff emerged with a renewed
sense of purpose. I believe that this experience should serve
as a platform for other initiatives that enable the Commission
to engage directly with consumers, understand their shared
concerns and develop ways in which it can address those issues
effectively.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I am enrolled in the standard 401K program and at present, only
have the state retirement and standard deferred compensation/simple
interest bearing accounts.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the FCC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the FCC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that 1 have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As a State Commissioner, I have been a resource to lawmakers in
South Carolina on consumer issues and the economic impact of key
regulatory decision-making.
For just over 3 years, I have been the Chair of the Washington
Action Program for NARUC (The National Association of Regulatory
Utility Commissioners). The association as a whole has been active in
many jurisdictional/key legislative matters including the Lieberman-
Warner Climate Change, Railroad Competition and Service Improvement Act
of 2007, Caller ID Spoofing, VOIP E911 Service, Internet Tax Freedom
Act, Wireless Preemption, Cost Recovery Mechanism in RPS, and LIHEAP
funding legislation. NARUC also supported S. 1492--particularly the
provision to establish state grants for state level broadband data
collection--and H.R. 537--private activity bonds to replace aging and
deteriorating water infrastructure.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the FCC's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Commission's
designated agency ethics official and that has been provided to this
Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
In Nuxoc Communications v. Public Service Commission (2005), I was
sued in my official capacity along with the other Commissioners on the
Public Service Commission. The plaintiff challenged two final orders in
which we had ruled against it. In 2009, the district court for the
District of South Carolina ruled in our favor.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of mignon l. clyburn
Education
1980-1984, University of South Carolina, Columbia, SC.
B.S. Business Administration; Banking & Finance and Economics.
1976-1980, W. J. Keenan High School, Columbia, SC.
General Diploma.
Awards Received
Community Service/Business Awards from: Southeastern Energy
Conference--Terry School of Business, The Columbia Urban
League, Omega Psi Phi and Phi Beta Sigma Fraternities. Delta
Sigma Theta and Sigma Gamma Rho Sororities, Mt. Zion AME
Church, Charleston Chapters of the Islamic Society, Arabian
Temple and Court, NCNW, UNCF, Moja Arts Festival, Morris Brown
AME Church and the NAACP.
Work experience
2002-2004, Chair, South Carolina Public Service Commission.
1998-present, Commissioner, Sixth District, Columbia, SC.
Assist in regulating investor or privately-owned electric, gas,
water and sewerage companies, as well as all telephone and
telegraph companies inside of South Carolina. In addition,
oversee certain practices with regard to for-hire motor
carriers, along with railroad, railway and radio common
carriers.
1984-1998, Publisher, General Manager, The Coastal Times,
Charleston, SC.
Worked as editor, delivery person, General Manager and
Publisher for an African American-oriented weekly newspaper.
Community Activities
Serves on Boards of: Trident Technical College Foundation, The
Palmetto Project (Secretary/Treasurer), Columbia College Board of
Visitors, SC Cancer Center Board and is a member of Links, Inc.; Served
on the Boards of: YWCA of Greater Charleston (President) Edventure
Children's Museum, Reid House of Christian Service, The Trident Urban
League and Trident United Way as well as Charleston County Democratic
Women (President); City of Charleston Site and Design, Charleston Area
Arts Council; Women in Transition, and United Way Allocations Board; Is
a member of the City of Columbia Reform and Restructuring Commission,
Common Ground School Improvement Committee (SC Education Oversight
Committee) and SC Great Friends to Kids (Edventure).
Professional Memberships
Southeastern (past Chair) and National Association of Regulatory
Utility Commissioners (Utility Market Access Partnership, Audit
Committee, Foundation Board Member, Legislative Task Force and Co-Chair
of Washington Action Committee); SC Energy Advisory Council; served as
President of the Black Women Entrepreneurs, past Treasurer of the SC
Coastal Association of Black Journalists; and a graduate of the South
Carolina Executive Institute.
Senator Begich. Thank you very much, Ms. Clyburn.
If we could have Ms. Baker?
STATEMENT OF MEREDITH ATTWELL BAKER, COMMISSIONER-DESIGNATE,
FEDERAL COMMUNICATIONS COMMISSION
Ms. Baker. Thank you very much. Good afternoon, Senator
Begich, Ranking Member Hutchison, and distinguished Members of
the Committee. I am going to shorten my remarks a bit and ask
that my full statement be entered into the record.
Senator Begich. It will be submitted.
Ms. Baker. Thank you very much for the opportunity to
appear before you today. It is a tremendous honor to be
nominated to serve as Commissioner of the FCC and I am deeply
grateful for this opportunity. I look forward to answering your
questions and earning your support for my nomination.
I would like to start by introducing my husband, Jamie
Baker. Every day I am thankful for the foundation of love and
support that he provides. I am also pleased to be able to
introduce my parents, Kirby and Nancy Attwell from Houston,
Texas. As a successful businessman, my father has shown me the
importance of hard work, determination, and common sense. My
mother, who worked as a fundraiser for public television and as
a homemaker, has shown me how to live a life full of
creativity, kindness and zest.
I have two of my four stepdaughters here, Hallie and Mary
Stuart. Jackie is at sleep-away camp and Rosemary's working,
which is a good thing.
[Laughter.]
Ms. Baker. And my brother, Kirby, is also here from
Houston. I am also pleased to sit next to Mignon Clyburn. It is
a real privilege to get to know such a talented and dedicated
public official. And I would also like to thank the current FCC
Commissioners: Chairman Julius Genachowski, Commissioner
Michael Copps, and Commissioner Robert McDowell, who is here in
the audience for which I am also grateful. If confirmed, I look
forward to working together on these important issues.
Now, Chairman Genachowski, who is off to a great start,
gave an inspirational speech to the FCC staff on his first day.
He stated that the promise of technology has never been
brighter, and consequently the obligations of the Commission
have never been greater. I share that view. The FCC holds the
keys to unleashing the power of broadband, the new media
landscape and public safety interoperability. That
responsibility is challenging, but the rewards will truly make
a difference in the life and future of every American.
According to one metric, the communications industry is 1/6
of our economy upon which the rest of it runs. A 21st Century
communications infrastructure is essential for restoring
sustained economic growth, opportunity and prosperity. Congress
has directed the FCC to develop and implement a national
broadband plan. This directive holds great promise for our
Nation. Not only does the future of our children's education
depend upon it, but so does the next generation of health care,
smart energy grid development, and public safety
interoperability.
The FCC will play an important role in making sure that the
right regulatory environment exists to incent companies to
build out infrastructure faster, to reward innovation and
investment, and to encourage competition so that American
consumers have access to and can afford the world's most
advanced telecommunications services.
I believe that we can reap great benefits from a more
efficient, transparent and flexible spectrum policy. The
Spectrum Inventory bill that this Committee marked up last week
shows important leadership and is a first step to increasing
wireless broadband use in innovative ways such as secondary
markets, leasing, and test beds.
Improving the management of Federal programs such as
universal service must round out this national broadband plan.
I was fortunate enough to work very closely with many of
you and your staffs in my former role at NTIA on the recent
transition to digital television. The 700 MHz spectrum band
that is transitioning out has been freed for the next
generation of American wireless services and public safety
interoperability. I worked very hard to make this unique coupon
program a success in difficult circumstances. Although the
transition was aided by additional time and resources for
coupon distribution and call centers, I am proud of NTIA's hard
work throughout the program. I also appreciate the work that
Congress did to ensure the success of this transition.
In the past few weeks, I had the pleasure of meeting many
of you--many members of this Committee. And I want to thank you
for taking the time out of your busy schedules to meet with me
and share your thoughts on communications policy and the future
of the FCC.
Whether it's the Fairness Doctrine, indecency and violence
in broadcast programming, low power FM, WWOR, broadband
delivered by satellites in Alaska or the national broadband
plan, I have learned a great deal about your respective views
and the range of issues that affect your states and
constituents. If confirmed, I look forward to continuing our
dialogue and to working together for the benefit of American
consumers.
The FCC has a profound impact on what American people see,
hear, and read. Healthy competition can benefit consumers, and
in many cases can reduce the need for regulation. However, the
regulatory mandate of the FCC will remain an important one as
our society continues to experience technological advancement
in the communications sector. If confirmed, I would take this
responsibility very seriously while working to promote the
principles of investment, innovation, and competition for the
benefit of all Americans. Thank you again for the opportunity
to appear before you, and I look forward to taking your
questions.
[The prepared statement and biographical information of Ms.
Baker follows:]
Prepared Statement of Meredith Attwell Baker, Commissioner-Designate,
Federal Communications Commission
Good afternoon. Chairman Rockefeller, Ranking Member Hutchison and
distinguished Members of the Committee, thank you for the opportunity
to appear before you today. It is a tremendous honor to have been
nominated by President Obama to serve as a Commissioner of the Federal
Communications Commission (FCC), and I am deeply grateful for this
opportunity. I look forward to answering your questions and to earning
your support for my nomination.
I would like to start by introducing my husband, Jamie Baker.
Everyday I am thankful for the foundation of love and support he
provides. I am also pleased to be able to introduce my parents, Kirby
and Nancy Attwell, who are here from Houston. As a successful
businessman, my father has shown me the importance of hard work,
determination and common sense. My mother, who worked as a fundraiser
for public television and as a homemaker, has shown me how to live a
life full of creativity, kindness and zest. I have two of my four
stepdaughters here--Hallie and Mary Stuart. Jackie is at sleep away
camp and Rosemary is in New York. And my brother, Kirby, is here from
Houston.
I am also pleased to be sitting next to Mignon Clyburn. It has been
a privilege to get to know such a talented and dedicated public
official. If confirmed, I look forward to serving with Commissioner
Clyburn and the current FCC Commissioners--Chairman Julius Genachowski,
Commissioner Michael Copps, and Commissioner Robert McDowell.
Chairman Genachowski, who is off to a great start at the FCC, gave
an inspirational introductory speech to the FCC staff on the day of his
arrival. He stated that the promise of technology has never been
brighter and consequently, the obligations of the Commission have never
been greater. I share that view. The FCC holds the keys to unleashing
the power of broadband, the new media landscape and true public safety
interoperability. That responsibility is challenging but the rewards
will truly make a difference in the life and future of every American.
According to one metric, the communications industry constitutes
one-sixth of our economy, and serves as a foundation for the rest. A
21st Century communications infrastructure is essential for restoring
sustained economic growth, opportunity and prosperity. Congress has
directed the FCC to develop and implement a National Broadband Plan.
This directive holds great promise for our Nation. Not only do many
aspects of our children's education and opportunities for life-long
learning depend on this directive, but so to does the next generation
of health care delivery, smart energy grid development, and public
safety interoperability. The FCC will play an important role in making
sure that the right regulatory environment exists to incent companies
to build out infrastructure faster, to reward innovation and
investment, and to encourage competition so that American consumers
have access to, and can afford, the world's most advanced
telecommunications services.
I believe we can reap great benefits from a spectrum policy that
unlocks the value of the public airwaves in more efficient, transparent
and flexible ways. The Spectrum Inventory bill that this Committee
marked up last week, shows important leadership and is a first step to
increasing wireless broadband use in innovative ways such as secondary
markets, leasing, and testbeds.
Improving the effective and efficient management of Federal
programs such as universal service must round this National Broadband
Plan. In this time of profound economic challenge, we need to ensure
that the communications sector continues to thrive and contributes
meaningfully to an economic recovery, both in the near and long term.
I was fortunate to work closely with many of you and your staffs in
my former role at the National Telecommunications and Information
Administration (NTIA) on the recent transition to digital television.
The 700 MHz spectrum band that this transition has freed makes way for
the next generation of American wireless services and public safety
interoperability. I worked very hard to make the unique coupon program
administered by NTIA a success in difficult circumstances. Although the
transition was aided by additional time and resources for coupon
distribution and call centers, I am proud of NTIA's hard work
throughout the program. I also appreciate the work that Congress did to
ensure the success of the transition.
In the past weeks, I have had the pleasure of meeting with many of
the members of this Committee. And I thank you for taking time out of
your busy schedules to meet with me and share your thoughts on
communications policy and the future of the FCC. Whether it is
discussion of the Fairness Doctrine, indecency and violence in
broadcast programming, low power FM, WWOR, satellites in Alaska or
broadband in the Navajo Nation, I have learned a great deal about your
respective views on the range of issues that affect your states and
constituents. If confirmed, I look forward to continuing our dialogue,
to consulting closely with this Committee and with your other
colleagues in Congress, and to working effectively together for the
benefit of American consumers.
The FCC has a profound impact on what the American people see, hear
and read. Healthy competition can benefit consumers and, in many cases,
can reduce the need for regulation. However, the regulatory mandate of
the FCC will remain an important one as our society continues to
experience technological advancement in the communications sector. If
confirmed, I would take this responsibility very seriously while
working to promote the principles of investment, innovation and
competition for the benefit of all Americans. Thank you again for the
opportunity to appear before you, and I look forward to answering your
questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Meredith
Attwell Baker; maiden name: Meredith McAshan Attwell.
2. Position to which nominated: Commissioner, Federal
Communications Commission.
3. Date of Nomination: June 25, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 1486 Evans Farm Drive, McLean, VA 22101.
5. Date and Place of Birth: May 31, 1968; Houston, Texas.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
James Addison Baker IV (spouse)--Partner in Charge of the
Washington, D.C. office, Baker Botts L.L.P.
Children: Rosemary Elise Baker, 25; Hallie Anderson Baker, 23;
Mary Stuart Clark Baker, 19; Virginia Graeme Baker, deceased;
Jaqueline Addison Baker, 14.
7. List all college and graduate degrees. Provide year and school
attended.
Washington and Lee University, B.A., 1986-1990.
University of Houston Law School, J.D., 1992-1994.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
U.S. Department of State, Personal Assistant to the Assistant
Secretary for Legislative Affairs (1990-1991).
U.S. Department of State, Legislative Management Officer (non-
managerial, relevant) (1991-1992).
DeLange & Hudspeth, L.L.P. , Associate (1994-1997).
Cellular Telecommunications and Internet Association, Director
of Congressional Affairs (non-managerial, relevant) (1998-
2000).
Covad Communications, Senior Counsel (managerial, relevant)
(2000-2002).
Williams Mullen Strategies, Vice President (non-managerial,
relevant) (2002-2003).
U.S. Department of Commerce, Senior Policy Advisory to the
Assistant Secretary for Communications and Information (non-
managerial, relevant) (2004-2006).
The White House, Acting Assistant Director, Office of Science
and Technology Policy (non-managerial, relevant) (2006).
U.S. Department of Commerce, Acting Associate Administrator,
Office of International Affairs (managerial, relevant) (2007).
U.S. Department of Commerce, Deputy Assistant Secretary for
Communications and Information (managerial, relevant) (2007).
U.S. Department of Commerce, Acting Assistant Secretary for
Communications and Information (managerial, relevant) (2007-
2009).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Board Member, United States Telecommunications Training
Institute (2007-2009) (Board seat is part of responsibilities
of the Assistant Secretary of NTIA).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Texas Bar Association (1995-present), No restriction.
Junior League of Houston/Washington, D.C. (1993-2001) Transfer
Chairman, Female Only.
Woodmore Country Club (2000-2005), No restriction.
Decade Society (1999-2003), No restriction.
Federal Communications Bar Association (2004-present), No
restriction.
Gibson Island Club (2007-present), No restriction.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I was appointed by the President as a Schedule C to the positions
of: U.S. Department of State, Personal Assistant to the Assistant
Secretary of Legislative Affairs (1990) and Legislative Management
Officer (1991); and U.S. Department of Commerce, Senior Policy Advisor
to the Assistant Secretary for Communications and Information (2004)
and Deputy Assistant Secretary of Commerce for Communications and
Information.
14.Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
6/29/01--Rep. Chris Cannon ($760).
9/18/03--Rep. John Carter ($500).
4/12/04--George W. Bush ($1,000).
9/18/08--John McCain ($2,300).
I volunteered in October 2000 in Louisiana for the Republican
National Committee.
I volunteered in November 2000 in Florida for the Republican
National Committee.
I volunteered in October 2002 in Florida for the Republican
Party of Florida.
I volunteered in October 2004 in Ohio for the Republican
National Committee.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Consumer Electronics Association Academy of Digital Television
Pioneers (2007).
National Association of Broadcasters Appreciation Award (2007).
Outstanding Leadership--World Radio Conference 2007.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
September 17, 2004--South Dakota Public Utilities Commission
Conference Speech: ``Everything You Always Wanted to Know about
Wireless Technology,'' Spearfish, SD.
February 2, 2005--International Rights of Way Association:
Improving Federal Rights of Way Management to Spur Broadband
Development, Washington, D.C.
June 7, 2005--Southeastern Association of Regulatory Utility
Commissioners Annual Conference: Promoting Broadband Deployment
in Rural America, Covington, KY.
January 2006--International Rights of Way Association Keynote,
Washington, D.C.
October 17, 2007--3G Americas Conference Keynote: International
Growth of Wireless Technologies and Markets, Washington, D.C.
January 15, 2008--Lehman Bros. Conference, Remarks on the TV
Converter Box Coupon Program, Washington, D.C.
January 21, 2008--Television Operators Caucus, Remarks on
NTIA's DTV Transition Planning and Procedures, Washington, D.C.
January 24, 2008--Federal Communications Bar Association, 9th
Annual Communication Law Seminar, Keynote Speech: Welcome to
Communications Law, Washington, D.C.
January 29, 2008--Interview by About.com on TV Converter Box
Coupon Program, Washington, D.C.
January 30, 2008--Associated Press interview on Networked
Nation: Broadband in America report, Washington, D.C.
January 31, 2008--Press Tele-Briefing on release of Networked
Nation: Broadband in America report, Washington, D.C.
February 13, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Telecommunications and the Internet, Washington, D.C.
February 15, 2008--Progress and Freedom Foundation
Congressional Seminar, Countdown to DTV: Making the 2009
Deadline Work, Opening Remarks, Washington, D.C.
February 18, 2008--Interview on C-SPAN ``The Communicators''
series, Washington, D.C.
February 19, 2008--Interview with Fox 5 Morning News on TV
Converter Box Coupon Program, Washington, D.C.
February 19, 2008--Washington Post online chat on the DTV
Transition and TV Converter Box Coupon Program, Washington,
D.C.
February 19, 2008--Federal Communications Bar Association
Seminar Panel, DTV Transition: Only One Year to Go, Washington,
D.C.
February 20, 2008--Coalition Against Domain Name Abuse Speech:
Perspectives on Internet Governance Policy, Washington, D.C.
March 3, 2008--Interview with ABC News on DTV Transition and TV
Converter Box Coupon Program, Washington, D.C.
March 5, 2008--Interview with Broadcasting and Cable magazine
on DTV Transition and TV Converter Box Coupon Program,
Washington, D.C.
March 19, 2008--Internet Video Policy Symposium, Luncheon
Keynote, Washington, D.C.
April 1, 2008--CTIA Wireless 2008, Plenary--U.S. Wireless and
the World Economy Panel, Las Vegas, NV.
April 3, 2008--Consumer Electronics Association Washington
Forum Keynote, Washington, D.C.
April 8, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C.
April 14, 2008--Press Conference at National Association of
Broadcasters Show on DTV Transition and TV Converter Box Coupon
Program, Las Vegas, NV.
April 17, 2008--Massachusetts Technology Leadership Council
Spring Conference: China, India & Russia, Our Partners in the
New Global Economy, ``A Strong Communications Infrastructure is
Key to Economic Success,'' Boston, MA.
April 24, 2008--APEC TEL Ministerial Meeting, Speech:
``Challenges and Strategies to Promote Universal Service,''
Bangkok Thailand.
May 9, 2008--NCTA's 57th Annual Convention and International
Exposition, Public Policy Luncheon Panel, New Orleans, LA.
May 14, 2008--Remarks, NTIA 30th Anniversary Celebration,
Washington, D.C.
June 2008--Article in Connect World-North America magazine: On
the Front Lines: Shaping Wireless Policy.
June 18, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Government Management, Organization, and Procurement, Brooklyn,
NY.
July 15, 2008--Presentation on TV Converter Box Coupon Program,
Self Help for the Elderly, San Francisco, CA.
July 22, 2008--National Association of Regulatory Utility
Commissioners (NARUC), Summer Meetings, Luncheon Speech:
Embracing the Future in Telecommunications, Portland, OR.
August 17, 2008--Progress and Freedom Foundation Aspen Summit,
Speech: Unlocking Innovation: Has the Key Been Misplaced?
Aspen, CO.
September 2008--Matte Release, Apply. Buy. Try. Consumers Urged
to Prepare for the Switch to Digital TV before the end of the
year; Released in multiple newspapers including The Triangle
Tribune, December 7, 2008.
September 8, 2008--Remarks at Event Marking DTV Transition in
Wilmington, North Carolina, Designated Market Area, Wilmington,
NC.
September 16, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Telecommunications and the Internet, Washington, D.C.
September 18, 2008--LSI Spectrum Management Conference,
Spectrum Issues for the Next Administration and What to Expect
in Response Panel, Arlington, VA.
September 22, 2008--Maximum Television Service 22nd Annual Fall
Television Conference, Keynote Speech, Washington, D.C.
September 23, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C.
September 30, 2008--The Hill Op-Ed, Making the Switch from
Analog TV.
October 7, 2008--French-EU Presidency Conference, Plenary
Session Keynote Speech: Internet of Things--Internet of the
Future: Challenges of International Cooperation, Nice, France.
October 15, 2008--Texas Wireless Summit, Policy and Regulation
Panel, Austin, TX.
October 15, 2008--Media Event on DTV Transition and TV
Converter Box Coupon Program at Radio Shack Headquarters,
Austin, TX.
October 21, 2008--Luncheon Speaker, Digital Dialogue Forum,
Washington, D.C.
October 29, 2008--Luncheon Remarks, Wilkinson, Barker, Knauer,
LLP, Washington, D.C.
November 6, 2008--33rd Meeting of the Internet Corporation for
Assigned Names and Numbers (ICANN) Speech: Ten Years Out . . .
Celebrating Accomplishments and Preparing for New Challenges,
Cairo, Egypt.
November 10, 2008--Satellite Media Tour on DTV Transition and
TV Converter Box Coupon Program, Washington, D.C.
November 14, 2008--National Grange Annual Convention, Speech on
DTV Transition and TV Converter Box Coupon Program, Cromwell,
CT.
November 20, 2008--Speech to The Media Institute's
Communication Forum: Embracing Change in the New Media
Landscape, Washington, D.C.
December 3, 2008--Internet Governance Forum, Opening Ceremony,
Speech: The Importance of the Internet Governance Forum,
Hybderabad, India.
January 2009--Twice.com/CES Show 2009, Positive Response Seen
to Converter Box Coupon Program.
February 26, 2009--Catholic University of America Columbus
School of Law Communications Symposium Interference, Wireless
Innovation, Public Interest, Regulatory Response, Keynote
Speech, Washington, D.C.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
February 13, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Telecommunications and the Internet, Washington, D.C.
April 8, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C.
June 18, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Government Management, Organization, and Procurement, Brooklyn,
NY.
September 16, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the House Subcommittee on
Telecommunications and the Internet, Washington, D.C.
September 23, 2008--Testimony on the DTV Transition and the TV
Converter Box Coupon Program before the Senate Committee on
Commerce, Science, and Transportation, Washington, D.C.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have over 10 years experience working in the field of
telecommunications and technology policy, and I would bring both public
and private sector experience to the position. I worked at the Cellular
Telecommunications and Internet Association, representing over 350
member companies of wireless and equipment manufacturers. I worked at
Covad Communications, the Nation's largest competitive DSL company.
Most recently, I spent 5 years working at the National
Telecommunications and Information Administration, Advisor to the
President on matters of information and communications technology
policy.
I have legal, policy, and technical experience and expertise in the
broad portfolio of the FCC--spectrum, wireless, wireline, media,
homeland security and Internet issues. I have worked extensively on
regulatory and legislative issues such as telecom reform, broadband,
Internet governance, network management, public safety
interoperability, cybersecurity, digital television transition, making
spectrum use more efficient, global standards, and the new media
landscape.
I think these sectors will fuel the economic growth and the next
generation of global prosperity, so it is imperative that the
environment for this critical infrastructure flourishes. I believe that
the coming years will bring continued convergence and integration of
communications technologies that will enhance our lives, our economy
and our Nation. I think that my experience and understanding of the
multi-stakeholder challenges that will arise make me qualified to serve
as an FCC Commissioner.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe in regular meetings and a positive, all-inclusive
management style. I believe if staff feels part of a team, performance
and productivity improve. Accounting controls are part of proper
management and examples are set from the top down. My management
experience includes: Acting Associate Administrator of the
International Office at the NTIA, Deputy Assistant Secretary of NTIA
and Acting Assistant Secretary at NTIA.
For most of my tenure at NTIA, the full time employee headcount has
been around 250 (100 under salary and 150 under reimbursable spectrum
work), with an all accounts budget of $55 million. Under the programs
assigned to NTIA under the Deficit Reduction Act of 2005, mainly the
DTV coupon program and the Public Safety Interoperable Communications
Grants, the total FY 2009 budget increased to almost $650 million (and
about 280 FTEs). Additionally, NTIA offices are located in Main
Commerce, an extension on New York Avenue, an offsite location and in
Boulder, Colorado. I have experience managing a large organization with
offices in multiple locations.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I think the Commission has many challenges, which are also
opportunities, in the coming months and years. I have a strong interest
in making spectrum management more efficient, transparent and flexible.
However, I think the most pressing issues are:
National Strategy for Broadband--Broadband clearly holds the
promise for our children's improved education, our next
generation of healthcare, smart energy and true public safety
interoperability. It is important to incentivize companies to
build out faster speeds, to make sure it reaches all Americans
and is affordable. Congress has given the FCC a challenge, but
a real opportunity by requiring a National plan. The timeline
is short, the challenges to ensure that technology neutrality
and innovation are fostered are important, but the mission is
critical.
Universal Service Reform--Universal Service reform is long
overdue. As wireline is moving toward wireless and it is all
moving to the Internet, broadband should be considered part of
a reformed USF. However, there must be restraint on the growth
to allow for its inclusion. Additionally, in these troubled
economic times, we must make sure that companies, including the
rural companies, agree to the solution and that revenue streams
are not taken away without a glide path.
Public Safety Interoperability--A critical goal related to the
return of the broadcast spectrum is to establish a nationwide,
interoperable broadband wireless network for use by first
responders. The FCC sought to achieve this goal with a public/
private partnership which would have required the winning
bidder of the commercial 700 MHz D Block license to partner
with the nationwide licensee of the public safety spectrum to
allow construction of a network that would have been used by
both public safety and the commercial users. However, the D
Block auction did not get a winning bid. The current economic
climate makes the question of how to move forward on this
critical issue more difficult. The FCC needs to look at all of
the options carefully to ensure that it finds the best way
forward for first responders to serve our country.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Federal Government Employee's Thrift Savings Plan.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
My husband, Jamie Baker, is the Partner in Charge of the
Washington, D.C. office of the law firm Baker Botts, L.L.P. While they
do not have a telecommunications regulatory practice, or a governmental
affairs practice, there could be a situation where a conflict of
interest might arise. If such a case were to arise, I would certainly
consult with the General Counsel and immediately recuse myself as
appropriate.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
From 1998-2000, I served as Director of Congressional Affairs
for the Cellular Telecommunications and Internet Association.
We sought to pass the anti-cellphone cloning legislation, to
make 9-1-1 a national number, and for number portability.
From 2000-2002, I worked as the Senior Counsel to Covad
Communications, the Nation's largest competitive digital
subscriber line. We worked to ensure that access to legacy
phone company facilities would be available to competition.
From 2002-2003, I worked as Vice President for Williams Mullen
Strategies. My main client continued to be working with Covad
Communications. I also worked for a partner's client, NewsCorp.
From 2004-2009, I worked at the U.S. Department of Commerce at
the National Telecommunications and Information Administration.
As the policy advisor to the President on telecommunications
and technology issues, I worked on many issues of law and
public policy on the Hill, as well as, at the Federal
Communications Commission, the Department of Justice, the
Federal Trade Commission, and the Department of Homeland
Security. I advocated for the enactment of economic incentives
and a regulatory environment that would encourage innovation
and investment in new broadband technologies, such as: an
extension of the Internet tax moratorium, an economic security
package that would allow companies to speed depreciation
schedules for capital-intensive broadband equipment, a
permanent extension of the research and experimentation tax
credit, and an expanded budget for research and development. I
advocated treating like services similarly. I worked with
Congress to pass the Commercial Spectrum Enhancement Act. I
worked with Congress in the implementation of and changes to
the various grant programs given to NTIA in the Deficit
Reduction Act of 2005 including the Public Safety Interoperable
Communications Grant Program and the Digital Television
Converter Box Program.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
I would defer to General Counsel's decision as to any conflict of
interest and would recuse myself as appropriate.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
In May 1987, I was arrested for a Driving Under the Influence in
Lexington, Virginia. I received a six-month suspension of my drivers
license.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Civil Small Claims Court--Alexandria, Virginia (2007).
My husband and I sued our decorator for specific performance or
return of retainer when she left the country without completing the
job. Settled. Eastern District of Louisiana--New Orleans (1994).
I suffered a personal injury resulting from a drunk driver running
over a crowd watching a parade. Insurance settlement.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
In May 1987, I was arrested for a Driving Under the Influence in
Lexington, Virginia. I received a six-month suspension of my drivers
license.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of meredith attwell baker
Professional Experience
United States Department of Commerce, Washington, D.C.--Acting
Assistant Secretary of Commerce for Communications and Information/
Acting Administrator, National Telecommunications and Information
Administration, 2007-2009.
Serve as the President's principle advisor on domestic and
international information and communications technology issues.
Ensure efficient and effective management of Federal radio
spectrum, and oversee state-of-the-art telecommunications
research, engineering and planning.
Spokesperson for the Administration on telecommunications and
technology. Interviewed by many major news outlet in the
country. Testified five times to Congressional committees.
Daily outreach to press and Congressional leaders.
Provide leadership and management of $3.5 billion of Deficit
Reduction Act of 2005 Programs including the Digital Television
Converter Box Coupon Program and the Public Safety
Interoperable Communications Grants.
Responsible for the underlying contracts of the Internet Domain
Name and Addressing System.
Lead the Commerce Spectrum Advisory Committee of private sector
experts to develop recommendations to the Federal Government on
efficient spectrum management. Lead Policy Coordinating
Committee meetings when high level agency decisions on spectrum
issues were needed. Participated in JCCT and NSTAC meetings.
Represent the United States on delegations to international
conferences regarding telecommunications and technology issues
involving governance, global competitiveness, cybersecurity,
development and standards, including: ITU, ICANN, IEEF, OECD,
APECTEL, WSIS, as well as other fora such as bilaterals.
Deputy Assistant Secretary of Commerce for Communications and
Information/Deputy Administrator, National Telecommunications and
Information Administration, 2007.
Responsible for day-to-day management of the agency. Manage all
capital, personnel and resources including spectrum management
for all Federal agencies and activities for digital transition
coupon program and interoperability programs. (FY 2009 budget,
all resources: 280 FTEs, $648 million).
Provide comprehensive legal, and policy advice to the Secretary
of Commerce and the Executive Office of the President on all
matters of information and communications technology policy.
Work in direct collaboration with the White House including the
Office of the Vice President, Office of Management and Budget,
Office of Science and Technology Policy, the National Security
Council, and the National Economic Council to develop
Administration positions on complex telecommunications and
technology policies.
Coordinate and communicate Administration positions to the
leadership of the Federal Communications Commission (FCC).
Present Administration positions to Members of Congress and
their staff.
Acting Associate Administrator, Office of International Policy,
2007.
Formulate and promote national policies in multilateral,
bilateral and international organization settings. Advocate
globally for foreign regulatory and policy regimes that
encourage competition and innovation.
Oversee the IANA Contract and the Joint Partnership with MANN.
Manage, prioritize, and allocate resources of office of nine
people.
The White House, Washington, D.C.--Acting Assistant Director,
Office of Science and Technology Policy, 2006.
Formulate, coordinate and execute Executive Office of the
President (EOP) policies with respect to broadband, the
Internet, telecommunications, spectrum, interoperability, and
other technology-related issues.
Lead inter-agency high tech task force whose members include
the Departments of State, Commerce, Justice and Education, the
Federal Trade Commission, and the Federal Communications
Commission.
Research, analyze and brief EOP officials on regulatory and
legislative issues such as telecom reform, digital television
transition, President's Spectrum Initiative, ICANN, spyware,
indecency, and CALEA.
United States Department of Commerce, Washington, D.C.--Senior
Policy Advisor to the Assistant Secretary for Communications and
Information, 2004-2006.
Responsible for formulating and advocating the Administration's
position on domestic and international communications and
information technology issues, including: broadband;
eliminating economic and regulatory burdens on technologies;
ensuring multi-stakeholder and private sector leadership in the
Internet governance; and overseeing efficient management of the
Federal agencies' uses of spectrum.
Liaison with the Federal Communications Commission on
proceedings of interest to the Administration.
Williams Mullen Strategies, Washington, D.C.--Vice President, 2002-
2003.
Advise and counsel a variety of telecommunications and
broadcast clients in their various legislative, regulatory and
communication needs.
Work closely with third party groups and think tanks to
articulate public policy and form coalitions based on various
issue challenges.
Covad Communications, Washington, D.C.--Senior Counsel, 2000-2002.
Design and build company's Washington presence including
structure, management, liaisons, branding, public relations,
political action committee and non-profit outreach. Serve as
corporate spokesperson.
Responsible for formulating, articulating and executing Covad's
public policy positions at the Federal and state levels.
Represent company before the Administration, Capitol Hill and
several trade associations. Manage multiple consultants and
Government Affairs budget.
Cellular Telecommunications and Internet Association, Washington,
D.C.--Director of Congressional Affairs, 1998-2000.
Design, implement and manage legislative agenda for over 350
member companies at both the legislative and Executive branches
of the Federal Government.
Monitor and analyze legislative and regulatory developments in
the telecommunications and technology industry.
Planning and direction of political activities and fundraising
events.
DeLange & Hudspeth, L.L.P. , Houston, TX--Associate, 1994-1997.
General commercial practice including both transactional and
litigation.
Business counseling including acquisitions, choice of entity,
contracts, bankruptcy and employment law.
U.S. Department of State, Washington, D.C.--Legislative Management
Officer, 1990-1992.
Advocated the Administration's position for the Oceans,
Environment, Science and Technology Bureau.
Personal Assistant to the Assistant Secretary for Legislative
Affairs
Aided Assistant Secretary Janet Mullins in the operations of
the Bureau of Legislative Affairs.
Worked on special projects involving the Middle East and the
former Soviet Union.
Internships and Clerkships
Summer 1994, Fifth Circuit Court of Appeals, Chamber of Harold
DeMoss, Houston, TX.
Summer 1993, Lean y Muez, Mexico City, Mexico.
Education
University of Houston Law School, Houston, Texas (J.D., 1994).
Washington and Lee University, Lexington, Virginia (B.A.,
1990).
St. John's School, Houston, Texas (High school diploma, 1986).
Senator Begich. Thank you very much, Ms. Baker. Thank you
for mentioning satellites and Alaska, not that I'm biased or
anything.
[Laughter.]
Senator Begich. We are also joined by Congresswoman Barbara
Lee. If she can stand and be recognized. Thank you for
attending.
[Applause.]
Senator Begich. I have had the privilege to chair once
before and I always break the rules. Usually the chair would
begin asking questions first, but I will yield to Ranking
Member Hutchison, and then I will go through the list and I'll
go last. Ensign, DeMint, Lautenberg, Johanns, Isakson. Senator
Hutchison?
Senator Hutchison. Thank you very much, Mr. Acting
Chairman.
I want to ask each of you about the Fairness Doctrine. My
question is, do you think the Fairness Doctrine should be
reinstated and are you committed to making sure the Commission
will not attempt to revive the doctrine or any policy like it
that effectively mandates broadcast speech? Ms. Clyburn?
Ms. Clyburn. Age before beauty, I guess, right?
Senator Hutchison. You went first.
Senator Begich. Reverse alphabetical.
Ms. Clyburn. Ranking Member, I believe that the Fairness
Doctrine should not be reinstated in any way, shape or form.
The FCC, I believe, is not in the business of censoring speech
or content on the basis of political views.
Ms. Baker. I am also very concerned about any move to
reinstate the Fairness Doctrine either directly or indirectly,
given the diversity of information sources that are available
to consumers. And I, too, have been very pleased with the
statements of Chairman Genachowski who also has said he
believes strongly in the First Amendment and does not believe
the FCC should be involved in censorship of content of
political speech or opinion.
Senator Hutchison. Thank you. I would like to ask both of
you, and I will start with Ms. Baker because you had some
experience in this area, and that is, what would be your
priority, both of you, for a national broadband plan and the
first steps that the FCC should take to establish such a plan?
Ms. Baker. I think this is a great challenge but also a
great opportunity for the FCC. I think it's important to set
the economic climate so that we have incentives to build out
broadband faster. I think it's important to have a regulatory
climate that rewards investment and innovation and encourages
competition. And I also think that it's really important to
have a spectrum policy that unleashes the power of the public
airwaves. And I think that effective and efficient management
of Federal programs such as USF will probably round out that
national plan.
Senator Hutchison. Specifically, and I will ask you as
well. Would your priority for the stimulus dollars and the
early government money be for new areas where there is no
broadband coverage or expanding where there is some, but
perhaps not everything?
Ms. Baker. I think it's very important to map broadband and
to fill out areas that are unserved first.
Ms. Clyburn. Ranking Member, as it relates to the national
broadband plan, I believe the process, in and of itself, should
be an open and inclusive one. One that should involve all
stakeholders, many of whom are in this room. I believe that
number one in that plan should be an assurance or to ensure
that all people in the U.S. have access to broadband capacity.
This process, as I said, should be fair and inclusive and
participatory.
And also the FCC has a great start as to the broadband plan
that is due before this Committee on the 17th of February. They
note, acknowledge and instituted the opportunity for 20
workshops that are going to be open to the public, and I am
looking forward to what that would deliver and bring--the
promises it will bring for the American people.
And as it relates to--you mentioned priorities. I am from
South Carolina and as you mentioned, we have a lot of
commonalities as it relates to rural--we are a rural state. I
believe I sit next to a colleague who tells me every day, that
we don't have broadband, we don't have broadband. So the
priorities, I am in sync with you in terms of the parties
bringing special attention to the areas unserved, but never
losing sight of those underserved areas.
Senator Hutchison. I will let others have a chance to ask
questions and come back. Thank you, Mr. Acting Chairman.
Senator Begich. Thank you very much. Next is Senator
Ensign.
STATEMENT OF HON. JOHN ENSIGN,
U.S. SENATOR FROM NEVADA
Senator Ensign. If you could both discuss your views on
Internet neutrality. I want to start with an easy question
first.
Ms. Clyburn. Thank you very much. I appreciate that. First,
I want to inform the Senator that I believe in preserving the
openness of the Internet. This has been a vehicle for
innovation and economic growth and opportunity for all
Americans, especially small business. I think the Internet has
thrived to the extent that it has because of the open nature of
it, and I would do everything in my power to preserve that.
Ms. Baker. I actually think there is a consensus growing
around this concept of net neutrality, meaning there needs to
be sufficient network management to have a reliable Internet
that works. And I think that we all want an open Internet, an
open platform that is able to have innovation on the edges and
in the middle. We also know there is a distinction between
lawful content and unlawful content, and they do not get the
same protection.
So there needs to be reasonable network management for
network owners to have network management that can help protect
against unlawful content such as child pornography, and spam
and denial of service attacks and illegal content copyrights.
There needs to be reasonable network management while
maintaining the platform for innovation.
Senator Ensign. Jump to second easy issue--media ownership
rules were written at a time when we had very few TV stations
and few newspapers in each locality and not many radio
stations. Today we have everything from the Internet and
podcasts to numerous stations. Cable television didn't exist
back then the way that it exists today, and especially with the
penetration that we have and since the digital television
transition, the number of TV stations that they have is
certainly greatly increased.
You turn on your radio today and there is station after
station after station. Even in a lot of rural areas there are
many stations. Growing up as a boy in Lake Tahoe, we only had
one radio station that had been coming in, well, most of the
time. It's a much different story today.
Having said that, can you express your opinions on media
ownership and if the current rules apply to the technology that
exists today. Does it still make sense to have the kind of
media ownership rules that we have today?
Ms. Baker. I will start on this one. It's a concern. I
think this is a topic that ignites great passion and great
concern in people. There are three principles the FCC looks at
in media ownership: in localism, diversity--diversity of
ownership and also diversity of viewpoints--and competition.
I think those are the principles that you look at. And I
think we would look at, if confirmed, in the quadrennial review
which will be coming up. I personally think that from a policy
standpoint from where I sit, the changes in the marketplace are
apparent. And there is traditional media which is struggling.
So we need to be careful not to put new burdens on an already
struggling industry environment.
I know this has been looked at by this Committee, and I
think if confirmed, I would like to continue to work with this
Committee to find answers to this issue.
Ms. Clyburn. Senator, I agree that the media landscape is
changing. We see entities like the Christian Science Monitor
and the Rocky Mountain News moving into more of a hybrid
delivery of our news. So definitely the landscape is changing.
The FCC, I believe, if confirmed, I would like to be a part
of assessing the impact of these changes as it relates to any
ownership discussions. The agency will, I know, keep its eye on
this very important issue, but I also want to affirm that I
believe that a cacophony of voices on our airwaves, over our
airwaves is a benefit to all Americans. And I speak from
firsthand experience of being a former owner of a media outlet,
that there are benefits to having a variety of voices. And I
look forward to engaging in more conversations as it relates to
the media universe.
Senator Ensign. Thank you, Mr. Chairman. My time has
expired but let me offer my congratulations to both of you on
your nominations. I know you are both going to be excellent. I
enjoyed meeting with both of you. And on those two issues I
mentioned, I know they are contentious. That's the reason I
brought them up. I knew you wouldn't commit to anything today,
but I think it is important to raise those issues for
discussion.
On the subject of media ownership, to me it doesn't make a
heck of a lot of sense to have the rules we have today
considering the technologies that are in the marketplace today.
The cacophony of media voices are much louder today because of
technology. There is no way to shut it down and no way to
monopolize it. I hope that you will both keep this in mind.
This Committee also needs to take a fresh look at this
issue along with network neutrality, because we want to have an
environment where commerce can flourish in ways that it never
has before. So I congratulate all of you. Congressman Clyburn,
way to go. You and your wife must have done something very well
to raise her. Thank you very much.
Ms. Clyburn. Senator, if you will allow me to, I will
commit to this--to working with you as it relates to the
variety of issues that we have before us today.
Senator Begich. Thank you very much, Senator. And before I
go on, I want to remind members if you have additional
questions that we are not able to do today, if you have
questions for the record, please make sure they are done by 6
p.m. Friday. Senator Lautenberg.
STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. Thanks, Mr. Chairman. And greetings to
each of you. You bring the kind of quality that we know will be
helpful in achieving the mission of the FCC. That is to make
sure that broadband gets distributed properly, that we take
care of the D-block opportunities for safety, network, and also
to take a look--a serious look--at the question that I have,
about whether or not the Internet which is no longer a luxury,
it's a necessity, and people need it to communicate to
government and to the people at large.
So when I sit here with you, coming from the state of New
Jersey, it would be the fourth largest media market in the
country, and doesn't have any real commitment to New Jersey and
its broadcast of not only news but, not only public service
announcements and volunteering in the community. Doesn't the
commitment, and I will ask you to be briefer in your answer
than I am in my question, doesn't the commitment to license--
and by the way, the license on WWOR in New Jersey has a
condition, and the condition is that it serves the New Jersey
marketplace interests.
And we are the largest, most densely populated state in
this country with 9 million people, so doesn't a broadcaster
have to go beyond public service announcements and volunteering
service to earn its right to continue to broadcast news and
information about what's going on in the state? Ms. Clyburn?
Ms. Clyburn. Thank you so much, Senator. It's good to see
you again. I know we had an opportunity to speak about this
just briefly in your office, and I know how passionate and
committed you are to that particular issue, and I share in your
passion. I know that the situation that you mention is before
the Commission, and I know it has been before it for sometime,
and I know there is a special history, and a special passion.
Senator Lautenberg. Thank you for that.
Ms. Baker, how do you feel?
Ms. Baker. I agree with Ms. Clyburn that this is an
interesting issue in license renewal and if you are looking at
localism and competition, this is certainly a local issue. I
agree with you and if confirmed, pledge to look into it.
Senator Lautenberg. In 2007 the FCC held a hearing in
Newark, New Jersey on the license renewal of WWOR. New Jersey
residents testified about the station's failure to cover New
Jersey news. Now, a year or 2 years later, the station still
has not adequately improved its service. They are now operating
on an extension of a license that has not been renewed after
the first term. And I take it that if you are confirmed, I can
get a commitment from you that you look thoroughly at this case
very quickly in your ascension to your seats?
Ms. Clyburn. Yes, sir.
Ms. Baker. Yes, Senator.
Senator Lautenberg. Thank you for those lengthy answers.
New Jersey is a net contributor of more than $180 million a
year to the Universal Service Fund. I think everyone knows what
the Universal Service Fund is. It has to take funds from one
area, one state, and contribute to a fund to make sure that
people who can't afford regular service have at least limited
services, telephone availability. Have you thought about what
you might have to do to reform the USF, and bring some fairness
to donor states? Have you had a chance? If you don't, the
question will persist, I promise you.
[Laughter.]
Ms. Baker. I think there is general consensus that
universal service does need reform. How that outcome--how that
outcome is reformed I think is still up in the air. I think
what is important is we get a predictability of the subsidy so
we can have certainty in the marketplace so we have assurance
to customers and consumers that we have high quality services
available at affordable prices. And if confirmed, I would be
happy to work with you on how that actually plays out.
Ms. Clyburn. And Senator, if confirmed, I commit to you
that I will work with you and others to make sure that the fund
is both efficient and effective and getting as much bang for
your buck as can you get.
Senator Lautenberg. Thank you very much. Mr. Chairman, I
ask unanimous consent that my opening statement would be
included in the record, and I commend the Committee for having
found two such qualified nominees for positions on the FCC. And
I would like to reiterate the statement that you each made
about looking forward to working with me. I look forward to
working with you. Thank you.
Senator Begich. Senator, your statement will be in the
record.
[The prepared statement of Senator Lautenberg follows:]
Prepared Statement of Hon. Frank R. Lautenberg,
U.S. Senator from New Jersey
Every day, computers and televisions become more important tools in
our homes and in our lives. We know the Internet is no longer a luxury.
It is a necessity. People need it to communicate, connect to
government, take online classes and get information in emergencies.
That's why we included more than $7 billion in the Recovery Act to
bring broadband to every community in the country.
TVs have also become increasingly interactive. Congress and the FCC
have aided that transition by moving the Nation from analog to digital
television. This move promises better programming, picture and sound
quality for our residents and businesses, and it has freed up space for
wireless broadband and public safety needs.
If Mignon Clyburn and Meredith Baker are confirmed, we expect them
to continue these national transformations.
Our work on the digital transition is not yet done, for example. We
need a plan for a public safety broadband network using some airwaves
that were freed up by the switch to digital. That is a national
imperative, but we also need these nominees to look out for the
interests of our individual states.
Ms. Clyburn has spent a decade serving on the South Carolina Public
Service Commission, which regulates South Carolina's telecommunications
providers. Before that, she published a weekly newspaper in Charleston,
South Carolina. So Ms. Clyburn understands the importance of local
media providing news coverage of local issues.
This is a major issue for the nearly nine million residents of New
Jersey, who are stuck between the media markets of New York and
Philadelphia--and have no media market of their own. New Jersey's only
commercial high-power station, WWOR, has failed to meet its obligations
to our state.
In fact, at a hearing the FCC held in New Jersey, our residents
talked about how WWOR spends more time covering the schools, civic
affairs and communities of New York than our state. If confirmed, I
look forward to the assistance of these nominees to make sure WWOR does
what its license says it should be doing: covering New Jersey.
Meredith Baker has extensive experience at the NTIA, where she
served as Acting Director. Ms. Baker was responsible for overseeing the
digital TV converter box coupon program and coordinating the education
efforts surrounding that program.
As the FCC develops its national broadband plan, I hope Ms. Baker
will use that experience to educate all Americans--particularly those
in underserved, low-income areas--about the benefits of broadband.
Increasing broadband availability and adoption is essential if we
are going to help people continue to learn, get new or better jobs and
keep America competitive.
Finally, I hope these nominees can help fix the bloated Universal
Service Fund. Each year, New Jersey pays almost $200 million more into
the fund than it gets back.
New Jersey cannot afford to bear this unfair and ever-increasing
burden. I look forward to hearing from and working with today's
nominees on these critical issues.''
Senator Begich. Senator Johanns.
STATEMENT OF HON. MIKE JOHANNS,
U.S. SENATOR FROM NEBRASKA
Senator Johanns. Let me add my voice to those who have
complimented you and applauded you. You are both enormously
qualified and I look forward to not only supporting your
nomination, each of you, but I also look forward to working
with both of you. I think you are both going to be a great team
and a great asset to the FCC.
The other thing I might add, I think it is so respectful to
a Committee member to reach out to them and offer your time
prior to the hearing. I think it is so respectful and I applaud
you for doing that. Sometimes our schedules are busy, and we
run in and out for a short meeting. But it speaks volumes that
both of you did that. And I want you to know as a very junior
member of this Committee how much I appreciate that.
I've got three questions here to kind of gauge your sense
of regulation, because after all, the FCC is a regulatory body.
Thinking about the wireless industry--and I will start with
you, Ms. Baker. Thinking about the wireless industry, where you
sit today, what preconceived notion would you take to your job
as a Commissioner? Do they need more regulation or less
regulation?
Ms. Baker. I think as we have 270 million cell phone users
in America now and growing as we speak, that it's a healthy
debate. People are moving from wireline to wireless. I think
the reason that this wireless number continues to increase is
the great competition that we see in this market. I guess that
is why the panel of experts in the Department of Justice is
looking into this. And I think we now actually have two bodies
that are looking into the wireless market. I think the data
will tell us how competitive the market is, but certainly it
has been a success story of competition in America.
Senator Johanns. Ms. Clyburn, what is your sense, more or
less?
Ms. Clyburn. Balanced, smart regulation. We need to be
mindful that number one, is the protection of customers, but
also keep in mind we must do everything in our power to help
spur competition, but I think at the end of the day more
players in the market will help with choices and prices and
ultimately in consumer services.
Senator Johanns. I will stay with you, Ms. Clyburn. Going
to the next area in thinking about the Internet, more
regulation or less regulation?
Ms. Clyburn. I believe that we should, again, have smart
and balanced regulation. The same holds true. Where there are a
number of players in a certain market, then we wisely should
stand back, and watch market forces. Where, if there are
issues, by chance, there are issues with market abuses, then
that's when--that's when my job becomes a bit clearer. So
again, it's a delicate balance, but a smart regulatory approach
is how I phrase it.
Senator Johanns. Ms. Baker?
Ms. Baker. I think we have an incredibly innovative
Internet at this point that exists without regulation and I
would be very hesitant to regulate. I think where there have
been violations, there has been quick enforcement and that
seems to provide the current environment in which the Internet
is thriving.
Senator Johanns. And the last one--broadcasters. More
regulation of broadcasters or less regulation?
Ms. Clyburn. Of broadcasters? More regulation or less
regulation of broadcasters? It would all depend. Again, what
are the market forces where the market is working, where it is
vibrant where there is consumer satisfaction, less than more.
Senator Johanns. Ms. Baker?
Ms. Baker. We have a new media landscape that is evident to
all of us every day whether it's through the Internet or our
smart phones. The broadcasting industry is struggling, but it
is still the main place, the universal mechanism, for people to
receive their news and information. I would hesitate for any
one company or group of companies to control all sources of
information in a certain area of the country. However, again,
if you look at the diversity of the media marketplace at this
point, it seems unlikely.
Senator Johanns. My time has expired, but I will offer this
insight. I watched you both struggle with fundamental
questions. This is kind of basic. If you want to regulate them
more or you want to regulate them less. You can ask that about
everything within your jurisdiction.
The thought I offer is this--somebody pays for that. And
you know it's not the big corporation, it really is the
consumer. And if you don't strike that right balance, you
hammer the little guy. And that's what I want you to think
about. It's an enormously important issue. More regulation or
less regulation. And I hope you come down on the side of the
consumer. Thank you.
Senator Begich. Thank you very much, Senator. Senator
Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman and I'd like to
follow that last point about protecting consumers and I think
that's a key issue particularly as it relates to net neutrality
and to make sure that someone doesn't take the Internet and
hijack it and make it into a paid-for super-lane and make
everybody pay for access which should be free. I asked Chairman
Genachowski if consumers had a choice of multiple independent
sources of broadband would that eliminate the need for further
action on net neutrality and to paraphrase his response, he
said short of unlimited broadband competition, he thought that
there was a need for some rules on net neutrality. I know that
you probably have heard this question already, Ms. Baker, we
talked about it in our office. But, Ms. Baker, if you can talk
about the need for a fifth principle on nondiscrimination.
Ms. Baker. I think--I really do think the current
innovation that we have in the Internet right now is working.
And I think that the enforcement of problems has been quick and
swift, and I think that is the best way for the future that I
see right now. Until we gather more data about a larger
problem, I would be worried about the unintended consequences
of more regulation on the Internet.
Ms. Cantwell. More regulation to make sure there is
nondiscrimination?
Ms. Baker. I, at this point, have not seen where there is a
problem on blocked lawful content. I think unlawful content can
be blocked where lawful content exists. I think that we have
not had too many problems and that the enforcement of that has
been swift.
Senator Cantwell. Ms. Clyburn, what do you think about net
neutrality? What else needs to happen? Where do you come down
on that?
Ms. Clyburn. I believe if I am interpreting your question
correctly, we need to do all we can to make sure that the
market is fully competitive. There are areas in the country
where there might be zero, one, or two providers. In that I
look forward to working with you, if you consider that
concentration competitive, but if we will have zero or one or
two providers that I think we have to question whether the
market truly is competitive in that framework.
So if we have a truly robust, competitive market, then as I
mention, we might need to speak about as it relates to net
neutrality, there might not be a real need for it, but if the
market is not competitive, then I think that the need for and
concentration on net neutrality is warranted.
Senator Cantwell. I think what we are looking for is to
make sure that consumers are protected by not having an undue
cost put on top of them for access that otherwise would be free
or to divide the Internet in some way that would allow people
who pay for high broadband access--we are talking not about
specific services here. We are talking about all of a sudden
taking our freeways and turning them into something else and
what that expense would be to consumers.
So we are looking to you to make sure that there are
protections in place, and obviously our colleagues here will
decide what legislative actions we want to take to make sure we
are protecting consumers from undue additional costs to access
to the Internet.
I know you had a question about media ownership by one of
my colleagues, too. I wanted to get that question in, if I
could.
Ms. Baker, do you see the increased common ownership of
television stations and daily newspapers in the same market as
a negative impact on the quality and quantity of news in their
communities or how do you look at that, the cross-ownership
part?
Ms. Baker. I think that broadcasting and newspapers are
still a very stable traditional medium for people in an area to
receive their information. So I think if they are owned by one
source, then that does become troublesome. I also do think that
we have a new media landscape where there is a wide variety of
news sources, more than ever before, for people to receive
their information.
Senator Cantwell. Does that mean you are for cross-
ownership?
Ms. Baker. I actually haven't had to vote on this--I
realize the principles for the FCC to look at are localism,
diversity and competition, and I would have to look at those
principles and apply them as a situation arose at the FCC.
Senator Cantwell. Ms. Clyburn?
Ms. Clyburn. Senator, I am very wary of media consolidation
and vowed I would take a very close look at this. As we said
the landscape is changing, no one questions that. But we must
assess the impact of these challenges and changes, that must be
a part of this ownership discussion. The Commission I know is
committed. And if confirmed, I will be committed to keeping our
eye on this, because I think that having a variety of voices is
most important, and in particular, I look forward to working
with members of the Committee and other parties of record.
Senator Cantwell. Thank you, Mr. Chairman.
Senator Begich. Senator Thune?
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman. And I want to
welcome Ms. Baker and Ms. Clyburn to the Committee, and
hopefully once we get you confirmed we will have, after having
confirmed Commissioner McDowell and Chairman Genachowski, a
full complement of people at the FCC to take on the important
challenges that are ahead at the FCC.
I would like to follow up on a question that was asked by
Senator Cantwell that had to do with the issue of net
neutrality. The question is, do you believe that Internet
service providers should have the ability to violate this sort
of nondiscrimination principle that was referenced during the
confirmation in order to stop illegal content, child
pornography and unauthorized copyrighted material from
traveling across the network?
Ms. Baker. I think there is a distinction between lawful
content and unlawful content, and unlawful content has no
protection. I think network operators need to have the
flexibility to block unlawful content, whether it's child
pornography, or spam, or denial of service attacks, or illegal
copyrighting.
Ms. Clyburn. When I speak of preserving the openness of the
Internet, I am speaking of lawful content. I believe that
operators or providers, if challenged with unlawful content,
the content which you mentioned should have reasonable tools,
be allowed to exercise reasonable network management in order
to control what goes over the airwaves.
Senator Thune. OK. Let me ask you a question about
something that--and I think I have mentioned this to both of
you in meetings, but both rural and non-rural carriers serve
high-cost rural areas of the country, yet the USF distribution
mechanisms are considerably different. The question would be,
what changes do you believe the FCC should make, if any, to the
current system that would more fairly allocate high-cost
Universal Service Fund support, and what challenges do you see
in attempting to apply a forward-looking cost approach in
determining USF distribution to small rural carriers?
Ms. Clyburn. I believe that the Fund needs to be run
efficiently and effectively. I know there are issues in terms
of the--in terms of the percentages--the cost of the Fund, and
that we need to look at that, and make sure that--again, I
would say simply in getting as much bang for our buck as we
can. So the efficient and effective Fund I think will better
serve us and that would help alleviate pressures as it relates
to that contribution factor.
Ms. Baker. You know, Senator, I don't have the answer to
high cost universal service support at this point, but I look
forward to working with you on that answer. I do think as far
as universal service goes and as far as we reform it, wireline
has moved to wireless and it's all moving to the Internet, so
broadband needs to be part of the reform of universal service.
And as we reform universal service, we need to be forward
looking as well.
Senator Thune. So including more of a broadband orientation
in the USF issue.
I would just say in terms of adequate cost recovery, it is
the life blood of a lot of small providers and particularly
those in rural areas of the country and they rely on inter-
carrier compensation and as well as universal service, to
ensure they meet those carrier-of-last-resort responsibilities.
So I would encourage you as you look at these issues to
keep the rural carriers in mind with any intercarrier or USF
reform. It is essential that rural areas play an equal role in
the communication revolution that we are experiencing elsewhere
across the country.
I have one other question I would like to ask, too, and
that has to do with the future of the wireless industry,
finding additional spectrum is essential to the industry. And
my question has to do with what Congress or the FCC can do to
free up additional spectrum for wireless use?
Ms. Baker. My turn. I think the spectrum inventory bill
that the Committee marked up last week is a great start. I
think it's a great baseline to see where spectrum is being used
and where it's not. And where you can go from there is
secondary markets and spectrum leasing and test beds. I think
all of that is a really positive development especially for
rural America and minority ownership as well.
Ms. Clyburn. I also believe that spectrum inventory is a
good idea. It's a precious resource that is limited. If we got
more access that DTV has provided us--the transition has
provided us with an incredible opportunity but it is still a
finite and important resource.
So I believe we need to understand what is out there and
how it is being used and I look forward to working with all of
you to ensure that the goals we have in terms of emergency
personnel and all of the other uses that we see fit--that we
use that optimally for a finite resource.
Senator Thune. My time has expired, Mr. Chairman. Thank you
very much for your willingness to serve.
Senator Begich. Senator Klobuchar?
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you. We have another little
hearing going on in the Judiciary Committee. You are lucky,
there are a lot less cameras in here. I did want to stop by
because I am looking forward to working with both of you. I
want to congratulate you on your nomination, Ms. Clyburn,
especially. I will never forget meeting your family in South
Carolina. Your dad's fish fry is something I will never forget.
There were a lot of people there. I think we had to hold hands
to get through the crowd, if I recall.
Anyway, I wanted to talk with both of you about the FCC.
Earlier, we had a very good nomination hearing with Julius
Genachowski and I enjoyed hearing from him about his views on
modernizing the agency from the website on to make it more
accessible, as well as bringing back the agency's reputation as
being an agency of expertise so that Congress and other groups
can rely on the agency, as we grapple with very technically
difficult policy issues and I don't know if you want to comment
on that, Ms. Clyburn.
Ms. Clyburn. I agree that we should make sure that at the
heart of every decision that we make, we keep in mind that the
consumer is at the beginning and the end of that. This agency
should not be satisfied with the GAO report that says it has
some challenges and issues as it relates to consumer services
and the provisioning of adequate questions and answers in
response to their complaints.
So first and foremost, as it relates to the agency, if
confirmed, I look forward to communicating with the public and
working with an agency that does not have another finding of
that nature, and that we have a reputation of not being
substandard as it relates to consumer services.
Ms. Baker. I really appreciate this Committee's interest in
this issue and commitment to make sure that the morale of the
FCC and efficient effective use of staff is utilized. I am
grateful for that. I also think that the modernizing of the
website is so great and that is going to take a priority. It is
a consumer agency, consumers need to come first and it needs to
be consumer friendly.
There are an awful lot of things. The Child Safe Viewing
Act that Congress has passed. I think the website could be a
useful tool for parents to find answers to what technology
exists. So, I think there is an awful lot of things that can be
done on that path.
Senator Klobuchar. Very good. I will talk to you another
time about this Cell Phone Bill of Rights that I introduced
last year with Senator Rockefeller. We're very focused on that
issue, but I thought I would mention something new I am working
on with Senator Warner. That is our ``dig once'' bill and we
are refining that bill and working with groups on it, but the
idea is if we are doing infrastructure projects in this country
and we are going to be tearing up Federal highways, we should
at least use that opportunity to put in broadband conduit. To
dig once. That is especially appealing in my state, right now,
when we have one season, it's called road construction season.
Unlike South Carolina we can't utilize a lot of the winter for
that time, so we have huge road construction all at once.
People are interested in trying to minimize disruption and save
money. I wondered if both of you, if you want to start on this
one, Ms. Baker, could comment on that concept.
Ms. Baker. I appreciate your leadership on this issue and I
am glad that you are focusing on it. I think it makes an awful
lot of sense.
Ms. Clyburn. And I too, think any opportunity for proper
synergies, economic synergies that we could work toward
economic efficiently is a wonderful potential and I am looking
forward to working with you on that, sounds like a novel idea.
Senator Klobuchar. I am the co-chair of the E911 caucus
along with Senator Burr and we have been focusing on emergency
issues in Minnesota. The 35W bridge collapse being an example
of that, where actually the communications worked incredibly
well with the eight-lane highway going down with 100 cars in
the water and only 13 people died. And part of that was the
emergency communications worked so well. They worked well
because our county was able to get interoperability between
agencies within a metropolitan area and we were one of the
leaders on that.
But I am very concerned about what I see especially in our
rural areas with interoperability with public safety equipment.
Before we had this in the metro area, a police officer was
killed in St. Paul, and at that time we had some of the people
chasing down the killer with six or seven walkie talkies, and
radios because they couldn't communicate. Can you talk about
your goals for interoperability for public safety?
Ms. Clyburn. I think it is unacceptable, years after 9/11
that we have not progressed further on this. I am from a
beautiful but vulnerable state in terms of natural disaster, so
this has a special meaning to me. I think the FCC could be a
conduit of sorts to work with other agencies who are in the
position to move things forward in this area, and if confirmed,
I look forward to being an active participant in these
discussions to move forward.
Ms. Baker. The first bill I ever passed in Washington,
D.C.--I was working at CTIA--was making 911 a national number,
so it has a certain place in my own heart as well. I think
interoperability is a huge challenge but one of the most
important ones that is in front of the FCC. Currently the most
important proceeding regarding that is what to do with the D
block out of the digital television transition. I think it's a
national issue, something that communications and technology
can solve. I think the FCC has an important role in this
discussion of interoperability.
Senator Klobuchar. Thank you. I also wanted you to know, I
started my legal career doing telecommunications law and I
remember being one of the only women in the room as they
discussed all these technical issues so it's kind of fun to
have two women before us to be on the FCC. Congratulations.
Senator Begich. Thank you, Senator.
Thank you for, again, for your willingness to serve and be
here today. I like today going last, because all the bigger
questions, I can be very parochial on some very specific
questions with regards to my state. But first I would like to
comment about the website of the FCC--it should be a model,
seeing that it's the regulatory body of telecommunications and
it should be robust, consumer friendly and interactive. And I
thank you for those comments and the Chairman was very
motivated in underlining his interest to make sure that it is a
very useful tool. My first two are probably very easy for you.
The first one should be an easy answer.
Alaska is so diverse, so unique when it comes to
telecommunications and how we utilize it. Are you both willing
over your term at least to come to Alaska? I want to get this
for the record so you understand why I am getting it for the
record.
Senator Klobuchar. I want you to know he calls it extreme
rural, not just rural, extreme rural.
Ms. Clyburn. I'm looking forward to it, Senator.
Ms. Baker. Senator, you would be happy to know that I have
been to Alaska on a number of occasions and I have actually
seen how important universal service is for tele-education and
telehealth. I would absolutely also love to go back. I was
hoping to go in August but I am also hoping now that I may be
working.
[Laughter.]
Senator Begich. We will get you to do both at some point,
maybe, up in Alaska. And also thank you for your comments in
recognizing Alaska's uniqueness in telecommunications. I am
sorry Senator Lautenberg isn't here, because I have the reverse
view as you know with the USF. We appreciate New Jersey being a
very large donor state to the Universal Service Fund.
So as you move forward, and Alaska is currently recognized
and you may or not know is 100 percent tribal which exempts it
from some caps and some other issues and as you move forward on
the USF reform, that will you keep in mind the very unique role
that Alaska has with telecommunications and the vital link it
has in regard to how that universal fund is utilized. Maybe I
can start with you, Ms. Clyburn?
Ms. Clyburn. If you mention the rural characteristics of
your state, I too, come from a rural state, and I see firsthand
the benefits that the Fund has delivered to our state. It is
important to me. Its viability is important to me. We need to
make sure that the Fund is efficient and effective and it is
changing and evolving to present-day standards. So everything
should be on the table as it relates to communications and how
we--our expectations of the communications marketplace.
Ms. Baker. I think Alaska is an example of--well, number
one, how great America is and how diverse it is.
Senator Begich. That's the right answer, so far. Good.
[Laughter.]
Ms. Baker. But it's why our national policies can't be one-
size-fits-all. It's why we need technology neutrality, the
answers in Alaska are not going to be the same as they are in
New Jersey.
Senator Begich. Thank you very much for your comments
regarding broadband and how important that is in the placement
in Alaska. You know we have probably 75 to 76 percent Internet
access at this point, 76 percent of the population which, is
very significant, when you think of a rural area. But we use it
in a very unique way, not only for communications, but as you
mentioned, Ms. Baker, telemedicine is a powerful tool for us in
a very rural area--but also for education, utilizing E-Rate and
other tools to ensure that we have access, especially for rural
schools where we can go from one hub and access 20 villages at
the exact same time with some of the new Federal regulations,
No Child Left Behind, is the one tool and only tool we can
have. We would like your thoughts and how you feel about E-
Rate.
Ms. Baker. E-Rate has clearly helped connect communities
that the market would otherwise not have, and I am committed to
maintain it.
Senator Begich. One more, will you at the reauthorization
of this, I would like to ask these things with the No Child
Left Behind Act being considered for reauthorization, will you
as a member of the FCC engage in that to some extent to see how
education via the Internet is utilized?
Ms. Baker. I have seen particularly in Alaska that
regarding having a certified teacher requirement to teach
children, is essential to have tele-education, because you
don't have a certified teacher in every village, so, yes, sir.
Senator Begich. So we will see comments possible from the
FCC in that item report?
Ms. Baker. Yes, sir.
Ms. Clyburn. I had an opportunity to view in the news--not
to plug a particular outlet but especially as it relates to not
having been to Alaska yet and you invited me and I will be
there.
But I saw on television the power of E-Rate, the power of
what is happening in classrooms that would not happen because
of some of these geographic challenges that you mention. I have
seen the power of E-Rate in my own neighborhoods with young
children working in our neighborhood libraries on computers
that I know they do not have at home. So I am absolutely
supportive and I am a beneficiary of the E-Rate program and
will do all in my power to see that it is enforced.
Senator Begich. One last question and I will see if any
member has some additional questions, and that is tribal lands
and Alaskan native lands are treated with exceptions within the
rules, and I guess it's more of an education than a question.
When you see an Alaskan native corporation because we do it
different up there, in how it is organized, it is similar to
tribal lands and a lot of people are not clear when we talk
about Alaska native corporations which are a replacement for
the reservations that are in the lower 48, there are similar
roles of rights of lands and so forth. So will you recognize
the reform activity in the FCC regarding the uniqueness of
tribal lands and in our case in Alaskan native corporation
lands?
Ms. Baker. If confirmed, I will certainly come to you for
your expertise in tribal lands and the issues thereof.
Ms. Clyburn. I look forward to engaging in conversations
about, as it relates to that, and as Ms. Baker mentioned, we
cannot afford to have a one-size-fits-all approach to those
unique instances and those challenges you mentioned. I look
forward to engaging more and doing all we can to ensure the
goals that we have.
Senator Hutchison, additional questions?
Senator Hutchison. Mr. Chairman, mine were asked so I think
we have covered it fully.
Senator Begich. Thank you very much again. I want to thank
you for your willingness to serve the public and for your
family members that are willing to support you in this
endeavor. I know it takes a great deal of effort and time. So I
want to thank them on our behalf and remind all members also if
you have questions to please submit them by 6 p.m. Friday.
Almost. Senator Dorgan, they were smiling. And I hate to
say, now they know you're here. So you have tough questions,
I'm sure. Senator Dorgan, do you have any questions?
STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Dorgan. Mr. Chairman, what an entrance! I didn't
mean to come quite this close to the end. I was speaking on the
floor of the Senate, but I appreciate your work and I wanted to
just come for a moment to say that we have been through a long
tortured trail with the Federal Communications Commission in a
lot of ways. We have had very discouraging battles inside the
Commission on very important issues, a lot of things have been
deferred rather than decided.
And my hope is that we are going to enter into a new era
with the FCC. We have a lot of significant issues. Spectrum is
very important. We have a lot of spectrum that lies fallow all
around the country. I am trying to get the FCC to give us a
complete inventory of fallow spectrum. We need to figure out
how we can gather that spectrum and use it.
We have a lot of folks who have purchased spectrum with no
intention of using it in rural areas. So there we sit, have
with the spectrum being auctioned and available and no one
wishing to build out anything and rural areas are left behind.
Forbearance petitions, the issue of universal service, the
issue of what is the public interest requirement and
responsibility with respect to broadcasters. What about
concentration of ownership? All of these issues are really
important issues. Many have been deferred at the FCC.
I hope for a new FCC with a new era of cooperation. We had
in this committee hearings and discussion about reports that
were paid for by the taxpayers but were deep-sixed because they
didn't report what someone wanted reported. So they never saw
the light of day. Things have gone on in recent years that have
been very troubling to me so I just wanted to come and say
that.
The Federal Communications Commission is a pivotal
commission at this point for working a lot of important issues.
If anybody wonders about the importance of communications,
about the importance for example, of net neutrality which I
know is very controversial, but in my judgment needs to be
resolved, take a look at what happened in the country of Iran.
Take a look at the folks in the streets of Iran and the methods
by which they could communicate.
If you ever understand and wonder about the importance of
having open access and those kinds of things, just take a look
at what was happening in that country. The issue of net
neutrality is one that is so important, and as you know, the
nondiscrimination rules do not exist at this point because of
action by the Federal Communications Commission. The Commission
could fix that on its own volition. If not, the Congress
should.
The architecture, the open architecture of the Internet,
was created with nondiscrimination rules so that anybody
anywhere can see and visit and experience anybody anywhere
else. And those nondiscrimination rules in my opinion should be
reestablished either legislatively or I hope, perhaps with a
new determination in the Commission to see that reestablished.
So those are the areas that I did come to say to the
nominees, I think both will be--will be successful on the floor
of the Senate. And I will be voting for both. And I have great
hopes and high hopes for the performance of not only these two
nominees but the new chairman of the Commission, and the
holdover members, I see at least one in the room, Commissioner
McDowell.
So Mr. Chairman, thank you for allowing me to interrupt
this right at the end of this hearing, and I wish the nominees
well, and I want to indicate that I intend to be voting for
them on the floor of the Senate.
Senator Begich. Thank you, Senator Dorgan. Again, we want
to thank you for your willingness to serve and again we would
like to remind members and staff that if they have questions,
they should submit them by 6 p.m. on Friday. Thank you very
much.
This Committee is adjourned.
[Whereupon, at 4 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Question Submitted by Hon. John D. Rockefeller IV
to Mignon L. Clyburn
Question. As part of the Telecommunications Act of 1996, Senator
Snowe and I established the E-Rate program to provide schools and
libraries with affordable access to telecommunications services and the
Internet. No other program has been as singularly effective at closing
our educational digital divide. Thanks to the E-Rate program, today
more than 90 percent of all classrooms have access to the Internet.
Children in the most rural communities are able to enjoy the
educational benefits and opportunities that broadband provides.
Recognizing the importance of the program, will you commit to me that
you will support and protect the E-Rate program as laid out in statute?
Answer. I commit to you my full support for the E-Rate program as
it is laid out in the statute. I have experienced first-hand the
tremendous value of the program, and I will do everything in my power
to protect it and ensure its continued success.
______
Response to Written Question Submitted by Hon. Daniel K. Inouye to
Mignon L. Clyburn
Question. The Federal Communications Commission (FCC) formed NECA
in 1983 to perform telephone industry tariff filings and revenue
distribution. What do you believe is an appropriate level of oversight
by the FCC over the activities and decisions made by the NECA?
Answer. I have not yet been briefed by the FCC's staff on the
specific activities and decisions of NECA or about the scope of the
FCC's oversight of NECA to date. As a general matter, however, I
believe that oversight is a crucial ingredient in good governance and
is critical to providing efficiency and effectiveness in any program.
If confirmed, I look forward to learning more about NECA and working
with you and the Committee to ensure the appropriate level of oversight
by the FCC.
______
Response to Written Question Submitted by Hon. John F. Kerry to
Mignon L. Clyburn
Question. There are a number of proceedings pending at the FCC that
involve making spectrum available in the broadcast bands on an
unlicensed basis. These proceedings include the reconsideration of the
FCC's so called White Spaces decision, the clearing of wireless
microphones from the 700 MHz band, and the FCC work around data bases
for white space device use. The important work done so far by the FCC
puts us on a road to allowing greater wireless broadband connectivity.
It remains important that these proceedings are concluded in a
timely manner and allows the unlicensed use of the spectrum for
wireless broadband. What are your thoughts about the broadband
potential of the TV White Spaces?
Answer. I am a strong believer in promoting the efficient use of
spectrum, and wherever possible extending the benefits of such use to
the public. White spaces certainly offer tremendous promise for
advanced wireless services, including broadband, and could inspire new
innovations yielding great advances for consumers. That being said, as
the Commission proceeds in this area, it must protect existing users of
licensed services from harmful and/or excessive interference. This is a
delicate and difficult balance to achieve, and must be done on the
basis of data that is universally available and with the continued
participation from all stakeholders.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Mignon L. Clyburn
Question 1. As part of the Economic Recovery Act, the FCC will
develop a national broadband plan by February 2010. In New Jersey,
broadband has been deployed throughout the state, but many low-income
residents--often in urban areas--cannot afford it, or it does not reach
into their buildings. How will the FCC bring broadband to these
underserved low-income residents, and not only more rural areas of the
country?
Answer. One of the FCC's top priorities over the next year is to
develop a National Broadband Plan that sets the stage for ensuring that
all Americans have access to high-speed, affordable broadband. This
goal applies both to those Americans in rural areas who live in hard-
to-reach places, as well as those Americans in urban centers who either
do not have access to broadband in their building or block or who
simply cannot afford it. It is essential that we find creative ways to
ensure that, even in those places where a large percentage of consumers
do have access to broadband, we do not overlook those who do not.
An important first step in this process is gathering data on where
broadband is currently available and subscriber levels in areas where
there is already access to broadband. My understanding is that this
endeavor is already underway at the Commission, and if confirmed, I
look forward to working with my colleagues to further this process
along in order to lay the foundation for meaningful broadband access
throughout the country.
Question 2. Almost 8 years after 9/11, we still do not have a
national, interoperable public safety communications network. One of
the major benefits of the digital television transition that took place
last month was supposed to be the creation of this network, but the
portion of the airwaves set aside for public safety--known as the ``D
block''--is still vacant. When do you expect to have a plan for the D
block?
Answer. Another important priority for the Commission continues to
be working collaboratively with other agencies, as well as the private
sector, to help achieve a nationwide, interoperable public safety
communications network. As your question notes, we now finally have
cleared the necessary spectrum to enable such a network and must
refocus our attention on how the 700 MHz spectrum that is designated
for first responders can be put to use. If confirmed, I will work with
Chairman Genachowski and my fellow Commissioners to ensure that we
develop a strong plan for the D block in the very near future.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Mignon L. Clyburn
Question 1. Over the last 10 years, the U.S. has gone from being a
world leader in Internet penetration to being 15th or worse, depending
upon what statistics you read. What will you do as FCC Commissioner to
reverse this trend?
Answer. The United States should be a world leader in broadband
access. A strong first step in this process is the development of a
comprehensive and thoughtful National Broadband Plan, which is due from
the FCC to Congress in February 2010. That plan must be the result of a
process that is open, transparent and inclusive, and must reflect the
myriad views from all sectors and regions of the country. I believe
strongly that if we engage in a collaborative effort, bringing together
the collective expertise of Federal and state agencies as well as the
private sector, we can produce a plan that puts us back on a course to
be leading the pack in broadband access.
Question 2. As the FCC formulates a national broadband plan, the
adoption of broadband by end users should be an important part of
measuring its success. Simply laying fiber pipe across the country is
not sufficient if people cannot afford or do not understand the
economic and practical value of adopting it. What educational efforts
or other activities will be needed to ensure high adoption rates for
broadband? What do you propose to do to help low-income Americans
afford access to broadband?
Answer. I absolutely agree that our work is not done as soon as the
fiber pipe is in the ground. Indeed, in one sense, our work has just
begun. Congress expressly instructed the FCC in the statute requiring a
National Broadband Plan to find ways: (1) to encourage Americans to
adopt broadband where feasible and (2) to ensure that access to
broadband is affordable. Our mission would be incomplete if we simply
cultivated the infrastructure but failed to have most or all Americans
take advantage of all broadband has to offer.
As your question suggests, I think one area of focus must be how
best to market broadband to different communities. We cannot and should
not approach this issue as a one-size-fits-all campaign. The power of
broadband will mean different things to different people, and we must
recognize that only by speaking to an individual consumer's needs will
we be successful in convincing them of its value.
Likewise, it is as important that broadband is affordable. In order
to ensure that all Americans have meaningful access to high-speed
broadband, consumers must be able to acquire it for a reasonable price.
The FCC, in conjunction with all relevant stakeholders, must take a
hard look at the best mechanisms to deliver broadband that is
affordable, and take the appropriate steps, if necessary, to ensure
that broadband is not just a goal but a reality for all Americans. I
look forward to working with you and the Committee to find the best
manner in which to achieve this end.
Question 3. Ms. Clyburn, you discuss in your testimony the
importance of ensuring all Americans have access to communications
technologies. Today many rural Americans--who make up 17 percent of the
U.S. population--are much less likely to have broadband than suburban
or urban dwellers. I hope you share my view that rolling out broadband
to rural America today should be made a top priority. What will you do
as FCC Commissioners to ensure that rural Americans benefit from
advanced telecommunications, including broadband?
Answer. Coming from a rural state--South Carolina--I am very aware
of and concerned about the need for rural Americans to benefit from
advanced telecommunications, such as broadband. Not only is the
Internet an essential element to sustained economic success, but it is
also extremely important to many individuals and families in rural
communities where access to medical assistance and educational services
is limited. Therefore, in the Commission's work on the National
Broadband Plan, it needs to be aware of the significance of broadband
to rural America and creative about ways in which the plan can ensure
that those communities have broadband access in the near future.
Question 4. During the campaign, President Obama said that
reforming our universal service system will be a priority. I think that
this essential if we are going to ensure affordable Internet access in
rural parts of the country. Like the telephone in an earlier era,
broadband has become essential in many ways. Job seekers must often
look online for employment listings and file their applications
electronically. Companies are less likely to locate or expand to areas
where high speed Internet access is not affordable. Important public
information from government agencies and news outlets is often
available online.
Will universal service reform be a top priority for the FCC under
your leadership?
What principles should guide any effort to reform universal
service?
Universal service does not cover broadband. Would you support
universal service reforms to ensure greater Internet access for low
income and rural Americans?
Answer. Comprehensive Universal Service Fund (USF) reform is one of
the most challenging and important issues facing the Commission today.
The USF has been an essential part of ensuring that nearly all
Americans have meaningful access to voice service, and thus it is
important that we find ways to ensure its long-term health.
Our current challenge is to encourage the deployment of basic and
advanced telecommunications services to all Americans and to ensure
that the essential USF can facilitate the broadband build-out our
Nation requires. I believe that our mission should be to reform the USF
so as to enable all of our citizens, regardless of where the live in
the country, to have meaningful access to broadband.
Because of the significance and complexity of the USF, any reform
must be thoughtful and deliberate, and must aim to make the fund more
effective and efficient. Moreover, a critical component of any USF
reform is oversight, which must be robust without being overly
burdensome.
Question 5. When we met to discuss your interest in becoming FCC
Commissioner, I related a story about President Clinton visiting
Shiprock, New Mexico, where a girl who won a computer did not have a
telephone line or Internet access at home.
Too many tribal areas still do not have basic phone service, let
alone broadband. Telephone access in Indian country today is less than
70 percent. Broadband access may be only 10 percent. Although the FCC
has taken some positive steps to address this problem, the digital
divide facing Indian country obviously is still a challenge. How will
the FCC under your leadership work to erase the digital divide in
Indian country?
Answer. The digital divide in Indian country is staggering and one
of the toughest challenges we face. One way in which the FCC can help
erase that divide is through its National Broadband Plan, which is due
to Congress in February 2010. The FCC has been tasked with providing
universal access to broadband, including a detailed strategy for
achieving affordability of such service, which is undoubtedly a crucial
factor in making high-speed broadband a reality in Indian country. If
confirmed, I look forward to working with you on this important issue.
Question 5a. Given the distinct challenges and unique situation of
our Nation's tribes, do you support having a tribal office within the
FCC to better assist tribes' efforts to gain access to modern
telecommunications services?
Answer. There is no doubt that our Nation's tribes present distinct
challenges and a unique situation for the Commission, and that those
circumstances demand a more tailored approach. I am open to all ideas
on ways in which to improve the FCC's dealing with our Nation's tribes,
and if confirmed, I look forward to hearing more about how such an
office would function and what role it might play within the FCC's
existing consumer outreach structure.
Question 5b. My understanding is that the Telecommunications Act
does not specifically mention tribes yet it should be understood that
tribes were meant to be included. Will you support a flexible
regulatory approach in order to meet the spirit of the law when helping
tribes improve telecommunications access in Indian country?
Answer. I have not yet been briefed on the issue of the scope of
the Telecommunications Act with respect to our Nation's tribes. I am
interested in learning more about this issue, and if confirmed, I would
be eager to work with you to further understand your concerns and
provide support consistent with Congress's intent.
Question 5c. It has been 10 years since the FCC focused on tribal
lands in a hearing on telephone services, can the Commission reinitiate
hearings that focus directly on broadband and other critical services
to tribal lands?
Answer. If confirmed, I would support the Commission reinitiating
hearings that concern broadband and other critical services to tribal
lands.
Question 6. Most Americans now consider the digital TV transition
over. However, New Mexicans living in rural areas will continue to
receive analogue TV until their local TV translators switch to digital
next year or later. How will the FCC ensure that these rural TV viewers
will not be left in the dark when the DTV transition finally takes
place in their area?
Answer. My understanding is that there is no current schedule for
the transitioning of non-full-power stations to all-digital television.
When that occurs, however, the FCC should employ the same focus and
determination it demonstrated following the passage of the DTV Delay
Act in order to ensure that those Americans currently relying on analog
TV translators are clear about when the transition will occur and what
steps they need to take to be digital-ready prior to the transition.
Question 6a. How should the FCC and broadcasters address the issue
of ``digital white spaces'' created in rural areas where free broadcast
TV will no longer be available to some Americans?
Answer. There is no doubt that the Nation's move to all-digital
television for full-power stations was necessary and wise. By freeing
up a significant amount of spectrum, we can now go about the business
of building a nationwide interoperable public safety network and open
the door to new advanced wireless technologies that will benefit
consumers.
At the same time, we must also recognize that the transition has
left some consumers, including those in rural parts of the country,
without the broadcast service to which they had been accustomed. From
what I understand, the FCC has taken certain important steps to create
avenues for such service to be restored. For example, the FCC is
permitting new ``fill-in'' replacement translator service, which is
aimed at problems created by the transition and is designed for use
within full-service stations' service contours. I applaud efforts such
as this one and, if confirmed, will work with you, the Committee and
the Commission staff to find ways to help all consumers have access to
free, over-the-air television.
Question 7. New Mexico is a rural state where most areas have just
one or two cell phone providers. This situation already limits consumer
choices. People in rural areas with few wireless companies to choose
from have even fewer options for phone handsets due to exclusivity
arrangements between carriers and phone manufacturers. This exacerbates
the digital divide between urban and rural areas.
With traditional wireline service, one can take any telephone to
any home or office and just plug it in to make calls--no matter who the
service provider is. Yet if one changes wireless carriers, one often
has to buy a new phone. This seems wasteful and unnecessary. What
policies would you support to increase the availability of smartphones
to consumers, particularly those that live in rural areas?
Answer. I agree with the view expressed by then-Acting Chairman
Copps in favor of opening a proceeding to examine wireless handset
exclusivity arrangements. This is an important issue, with significant
implications for consumers--especially those in rural areas. As the
Nation's expert agency in this area, the Commission should determine
the effect of such arrangements on consumer choice and on the
development of innovative devices. I have not formed an opinion on the
underlying matter, and if confirmed, I can assure you that I will
review any matters on this subject with an open mind and will take
seriously the impact on consumers of such arrangements.
Question 7a. Do you believe public policy should mandate that
wireless networks allow any new handset to connect to it, similar to
the existing situation with wireline service since the Carterfone
decision?
Answer. As I noted above, I have not prejudged this issue and I am
looking forward to reviewing the record, if confirmed. It is important
that the Commission aim to stimulate innovation, investment and
competition and that it consider the impact on consumers at every stage
of its proceedings.
______
Response to Written Questions Submitted by Hon. Mel Martinez to
Mignon L. Clyburn
Question 1. In addition to the legal applications and services, the
Internet has also become a vehicle for criminal behavior like the
dissemination of child pornography and IP theft. The explosion of
pornography is especially disturbing. Ms. Clyburn, do you agree that
there is a critical imperative that technological capabilities to block
pornographic materials and pirated IP like films and television should
be permitted in the context of appropriate network management? Can I
have your assurance that the Commission will adhere to this important
concept to protect U.S. public?
Answer. I agree that technological capabilities to block unlawful
material--such as child pornography, obscenity, or pirated IP like
films and television--should be permitted as part of an operator's
reasonable network management. You have my assurance that I will adhere
to this position in order to protect the public and owners of
copyrighted material.
Question 2. Global copyright theft costs U.S. workers more than $16
billion in lost wages and 373,000 jobs each year. Much of this theft is
occurring over broadband networks. In your view, are net-neutrality, or
so-called non-discrimination, obligations at odds with the ability of
broadband providers to take steps to stem this tide of unlawful
activity on their networks?
Answer. I do not believe that the concept of network neutrality is
at odds with the ability of broadband providers or network operators to
stem the tide of unlawful activity on their networks. In my view, a
broadband provider or network operator should be able to engage in
reasonable network management, including to prevent unlawful activity
from occurring on its network. I certainly do not believe that such
management represents ``discrimination'' for purposes of network
neutrality, which is a concept that only extends to lawful content and
conduct.
Question 3. It is generally agreed that greater broadband access is
important because it creates jobs not only in the telecom and related
sectors, but also through the economic opportunities generated by
reliable broadband access in rural and underserved communities. This is
all very good. At the same time, we know that a number of important
U.S. industries are facing increasing challenges stemming from
counterfeiting and piracy on broadband networks. Not only does such
piracy result in substantial job losses in these and related
industries, but it also results in large amounts of forgone tax
revenues and economic output. It is important that as we work to invest
taxpayer dollars to stimulate job growth in one sector, we don't simply
offset those gains by fostering an environment that stimulate job
losses and reduced economic output in other important American industry
sectors. To that end we should encourage broadband providers to do what
they can to deter piracy and counterfeiting on their networks. Can you
assure us that the policies you will implement, any adoption of a so-
called ``nondiscrimination principle'' will not prevent broadband
providers from engaging in reasonable and voluntary efforts to do so?
Answer. I can assure the Committee that my support for an open
Internet does not entail preventing broadband providers from engaging
in reasonable and voluntary efforts to deter piracy and counterfeiting
on their networks.
______
Response to Written Questions Submitted by Hon. John Ensign to
Mignon L. Clyburn
Question 1. It seems clear that there are physical, logistical, and
technological differences between wireline and wireless broadband
networks. Do you agree? Wireless certainly has different capacity and
speed constraints compared to wireline broadband. As such, wireline and
wireless networks are operated and managed differently. As the FCC
considers network management regulations and develops a national
broadband policy, do you believe that a one-size-fits-all regulatory
approach for broadband makes sense?
Answer. I do not believe that a one-size-fits-all approach is
appropriate when it comes to broadband regulation. Most notably,
different geographical areas of the country present unique physical,
logistical and technological challenges to the provision and adoption
of broadband service. A host of different issues must be addressed when
developing a nationwide broadband plan that covers diverse places from
Alaska to Nevada to South Carolina.
That being said, as with any sector of the economy that cuts across
the nation, there must be certain basic principles that apply to all
elements of a nationwide broadband plan. In developing such overarching
principles, the FCC must be open and transparent and must solicit and
evaluate input from all stakeholders. By engaging in this process, the
Commission can ensure that it takes account of, among other things,
distinct types of broadband services and varying geographies, and
therefore ultimately produces a plan that effectively sets the stage
for ensuring broadband access for all Americans.
Question 2. Technological convergence has dramatically changed the
face of communications over the last decade. What do you think this
means for the FCC and communications policymakers? Having served on the
Public Service Commission of South Carolina since 1998, how has the
dramatic changes in the marketplace during that time impacted your
views on your role as a regulator?
Answer. One of the most exciting aspects of today's communications
landscape is communications ``convergence''--where wireless, wireline
and video communications are becoming increasingly intertwined. We no
longer strictly adhere to the traditional model that presented wholly
distinct telecommunications markets; now we are seeing direct
competition between once distinct players. In some ways, this state of
affairs has forced the FCC and relevant state agencies to rework their
regulatory frameworks.
There are a number of examples of how this changed landscape has
impacted my views on my role as a regulator. In some cases, the
changing marketplace has put the regulation of certain services beyond
the South Carolina PSC's reach. In other cases, technological
convergence has required us to address the new public safety
vulnerabilities that have emerged as a result (e.g., E9-1-1). In still
others, because of the impact of wireless technologies on traditional
investor-owned telephone companies in South Carolina, we have had to
make significant adjustments to the State's universal service fund.
The common thread in each of the above examples is that as
regulators, we must be attuned to the constantly evolving marketplace
and be prepared to identify and account for implications of that
evolution. If confirmed, I will continue to evaluate such changes and
work with my colleagues to determine what regulatory approach in each
instance makes good sense to allow businesses to compete and thrive,
and for consumers to reap the benefits.
Question 3. The Obama Administration has prioritized infrastructure
investment in the United States, from both a public and private
perspective. This includes technology infrastructure. As Commissioner,
will you prioritize private sector investment in broadband and
telecommunications infrastructure? Could you give us some examples of
how you might do this?
Answer. If confirmed, I will prioritize private sector investment
in broadband and telecommunications infrastructure. There is no
question that private sector investment in such infrastructure is
essential to achieving universal broadband deployment and adoption, as
well as meeting the other goals set forth by Congress for the FCC as
part of the National Broadband Plan. In order to ensure effective
private sector investment, the FCC must, at a minimum, conduct
processes that are open and transparent, and create a regulatory
environment that is clear and predictable. If confirmed, I look forward
to working with you, the Committee and my colleagues to figure out the
best ways to involve the private sector in our goal to ensure access to
broadband for all Americans.
Question 4. U.S. consumers use more wireless minutes and pay less
money per minute than their European counterparts. Furthermore,
according to the FCC, mobile Internet penetration is higher in the
United States than in any major European country. What does that say
about the state of the U.S. wireless market? Doesn't that indicate that
the current U.S. regulatory model is working?
Answer. The wireless sector is one of the most promising elements
of our Nation's telecommunications future. To the degree that the
domestic wireless market is robust, I believe that we should support
the existing framework and ensure that the landscape permits continued
investment and innovation. Put differently, where economic analysis
indicates that markets are functioning properly, we should allow them
to thrive and intervene only when necessary and wise.
Question 5. Local broadcasters take seriously their responsibility
to serve their communities. Even in the face of a serious economic
recession, I believe they provide an extremely diverse menu of news,
information, sports, and entertainment for free. How do you view
broadcasters' demonstrated commitment to serve the public interest? Do
you support imposing burdensome operating and reporting regulations on
broadcasters, like so-called ``localism'' requirements?
Answer. Many local broadcasters have strong and positive records of
meeting their obligations to serve their communities and the public
interest. When broadcasters provide an extremely diverse menu of news,
information, sports and entertainment, the public interest is
undoubtedly well served. If confirmed, this is a goal I wholeheartedly
support and believe that the broadcast industry can and should have a
positive impact on our Nation's future.
I want to affirm that I do not support imposing unwarranted
burdensome operating and reporting regulations on broadcasters. If
confirmed, I will work with Chairman Genachowski to ensure that all of
our processes are open and transparent, and that our rules are derived
from an inclusive process through which all stakeholders have ample
opportunities to participate.
______
Response to Written Questions Submitted by Hon. Johnny Isakson to
Mignon L. Clyburn
Question 1. I have always been actively involved in taking the
appropriate steps to combat child pornography on the Internet.
As you know, in September of 2005, the FCC adopted a set of net
neutrality principles that explicitly allows broadband providers to
take reasonable steps to prevent unlawful activity such as child
pornography and piracy or theft of copyrighted content over their
networks.
I have recently been made aware of the fact that it rejects the
critical imperative that technological capabilities to block
pornographic materials and pirated IP, like films and television be
permitted. I am interested in knowing that it is your intention to
confirm and adhere to this policy during your tenure as an FCC
Commissioner.
Answer. I support the FCC's existing net neutrality principles
insofar as they permit broadband providers to take reasonable steps to
prevent unlawful activity such as child pornography and piracy or theft
of copyrighted content over their networks. In my view, we may and
should preserve the openness of the Internet while allowing providers
to prevent the dissemination of unlawful material.
Question 2. Our broadband ranking has stagnated at 15th in the
world for a few years now. Competition is a key ingredient in driving
investment and system upgrades that will improve broadband quality.
What policies will you advocate while at FCC to ensure that our global
broadband ranking increases, and promotes competition?
Answer. One of the goals of our National Broadband Plan must be
laying the groundwork for improving our global broadband standing in
the world. I concur that competition is an important factor in reaching
that goal. In order to develop a program that spurs competition, the
FCC must produce a plan that results from a comprehensive understanding
of the marketplace through current data and an open, transparent and
inclusive process.
______
Response to Written Questions Submitted by Hon. David Vitter to
Mignon L. Clyburn
Question 1. At the hearing, you discussed your view of the need for
network openness for lawful content. I'd like to ask for a little more
clarification on this important issue. As you know, in September of
2005, the FCC adopted a set of principles that explicitly allows
broadband providers to take steps to prevent unlawful activity, such as
child pornography and piracy or theft of copyrighted content over their
networks. Is it your intention to adhere to this policy during your
tenure at the FCC and continue to allow service providers to act
against illegal activity and not be overly hindered by openness
regulations?
Answer. My intention is to adhere to the FCC's policy of permitting
service providers to act against illegal activity in order to comply
with the law. As I understand it, the principle of network neutrality
applies solely to the management of lawful traffic, and in no way
prevents or hinders service providers from taking important steps to
curtail unlawful activity.
Question 2. What do you think can be done at the FCC to improve
efforts to help parents protect their children from indecent content on
television?
Answer. In my view, the FCC should do everything in its power,
consistent with the First Amendment, to assist parents in their efforts
to protect their children from indecent content on television. I care
deeply about this issue, and in addition to enforcing the current laws
as passed by Congress, would like to see parents empowered with an
array of tools at their disposal to make smart choices for their
children.
A positive step undoubtedly is the Child Safe Viewing Act which,
among other things, requires the FCC to produce a report to Congress by
the end of next month on the state of advanced blocking technologies.
Understanding the overall landscape is an important start if the FCC is
to find ways to arm parents and guardians with the knowledge and
ability to monitor and restrict their children's access to
inappropriate television content. If confirmed, I look forward to
reviewing the record and working with Congress to continue this
important momentum in the right direction.
______
Response to Written Questions Submitted by Hon. Jim DeMint to
Mignon L. Clyburn
Question 1. What are your thoughts on ``localism'' mandates and
community advisory boards for broadcasters and the content they air?
Answer. As you may know, a proceeding on this very question is
currently pending before the Commission. See Report on Broadcast
Localism and Notice of Proposed Rulemaking, 23 FCC Rcd 1324, 26
(2008). I assure you that I have not prejudged this matter and, if
confirmed, I look forward to reviewing the record and understanding
your concerns as well as those of others in order to reach an
appropriate decision. If confirmed, I intend to support a process that
is open and transparent and that gives ample time for public
participation. Only then can the Commission reach a well-reasoned and
thoughtful decision that truly benefits the American people.
Question 2. It is possible that community advisory boards may
become populated by members of ideological groups and not provide an
accurate representation of their local communities. Will you commit to
oppose any efforts to use these local content advisory boards for
partisan political purposes?
Answer. As noted above in my answer to Question 1, due to the fact
that the question of community advisory boards is currently before the
Commission, and that I have not prejudged the issue, I do not have a
view on this matter at the current time. I can say, however, that
``partisan political purposes'' are inconsistent with the public
interest and therefore have no role in attempting to promote the
Commission's core media values of diversity, localism and competition.
Question 3. How will you support and promote facilities-based
competition in the communications market?
Answer. If confirmed, I will work with the Chairman and my fellow
Commissioners to implement and enforce the laws relating to facilities-
based competition as enacted by Congress. It bears noting, however,
that one of the primary areas in which facilities-based competition can
and should be enhanced is wireless communications. The United States
should strive to be a leader in the wireless world and, if confirmed, I
will urge the FCC to lay the groundwork for continued innovation and
opportunity in the wireless market to further support and promote
facilities-based competition in the overall communications market.
Question 4. Do you believe broadband services should be eligible
for Federal universal service support?
Answer. One of our Nation's central ongoing challenges is to
encourage the deployment of basic and advanced telecommunications
services to all Americans. As part of this effort, I believe that the
Universal Service Fund should, if at all possible and reasonable, help
facilitate the broadband build-out our Nation requires. The FCC should
make its best efforts to reform the USF so as to enable all of our
citizens, regardless of where they live in the country, to have
meaningful access to broadband.
Question 5. Does Section 254 of the Communications Act authorize
support for these services or does the Act need to be amended to
authorize it?
Answer. I have yet to be briefed in any detail on this issue by
Commission staff and the General Counsel and would not want to reach a
conclusion on this matter without first doing so. I do note, however,
that under Section 254(c)(2), Congress determined that ``[u]niversal
service is an evolving level of telecommunications services that the
Commission shall establish periodically under this section, taking into
account advances in telecommunications and information technologies and
services.'' In the same subsection, Congress authorized the Federal-
State Joint Board on universal service to recommend to the Commission
changes in ``the definition of the services that are supported by
Federal universal service support mechanisms.'' The Act therefore
appears to contemplate a flexible and evolving definition of
``universal service.''
If confirmed, I am interested in consulting with Congress and the
Commission's expert staff on this matter to determine the scope of
section 254 with respect to broadband.
Question 6. Please identify any specific occurrences or activities
that, in your opinion, have violated net neutrality.
Answer. My understanding is that the FCC has brought at least two
enforcement actions against network operators for violating net
neutrality principles. In one instance, a petition alleged that an ISP
was blocking its customers' access to VoIP service. In another, a
network operator was alleged to have unlawfully interfered with peer-
to-peer file-sharing protocols.
I am also aware that the Commission has taken certain actions with
respect to network discrimination in the context of mergers in the
telecommunications industry in order to ensure that the general
principles of network neutrality are upheld.
Question 7. Please also explain how the resolution of these
episodes would have been expedited or improved had there been in place
an enforceable rule or law mandating net neutrality.
Answer. Because I was not involved in those matters and have only a
basic understanding of how they unfolded, I am unable to address with
any specificity how and whether their resolution would have been
expedited or improved had there been in place enforceable rules or laws
mandating net neutrality.
______
Response to Written Questions Submitted by Hon. Olympia J. Snowe to
Mignon L. Clyburn
Question 1. As you are probably aware, this committee was actively
engaged in the issue of media ownership last session when the FCC
decided to relax a crucial media ownership rule--specifically, lifting
the 32-year-old absolute ban on newspaper/broadcast cross-ownership.
My concern is that such action will ultimately lead to further
consolidation within the industry instead of focusing on what is truly
needed, which is effectively promoting localism and diversity in media
ownership. To that point, a report by the Consumer Federation of
America, Consumers Union and Free Press, utilizing the FCC's own data,
showed that lessening newspaper-broadcast cross-ownership rules
resulted in a net loss in the amount of local news that is produced
across local markets by broadcast stations. Also, minority and women
ownership of media outlets are also at dreadful levels--currently only
6 percent of full-power commercial broadcast radio stations are owned
by women and 7.7 percent are owned by minorities. Ownership of
broadcast TV is even lower--5 percent for women and only 3.3 percent
for minorities.
Given your experience as a newspaper owner, what specifically can
the FCC and/or Congress do to better address the continuing problems
the industry is facing and at the same time protect the fundamental
tenets of competition, localism and diversity?
Answer. There is no question that the media industry is undergoing
significant changes in today's marketplace. If confirmed, I will take a
close look at the continuing problems in the media industry when
evaluating the degree to which the broadcast industry is adhering to
the Commission's core media values of diversity, localism and
competition.
That being said, the fact that the media industry looks different
today than it did in the past does not alleviate the need to ensure
that our media is diverse and provides meaningful local content. The
numbers you cite with respect to minority and female ownership are
distressing and the Commission must marshal its resources to better
understand the problem in order to develop solutions that will benefit
all Americans. I believe that my 14 years as a small business owner of
a newspaper in South Carolina give me a special appreciation for the
challenges faced by entrepreneurs and, if confirmed, undoubtedly will
help inform my overall approach to this critical issue.
Question 2. An additional concern I had during the FCC's action was
the lack of time the Commission allowed the public to comment on its
specific rulemaking. While the FCC had its media ownership proceeding
open for some 17 months, it provided only 28 days for public comment on
the specific proposal, when the Commission has historically provided
60-90 days on similar proceedings. Do you believe the FCC's actions
were just in providing such a short time-frame for public comment on
such a crucial issue?
Answer. There is no question that the Commission must conduct open
and transparent proceedings and ensure that the public has ample
opportunity to participate in its decision-making process. Our
government simply cannot be a government by, for and of the people if
it fails to include them in a meaningful way.
Early in his tenure, Chairman Genachowski has made clear that he
intends to run an open and transparent Commission. If confirmed, I will
fully support him in this endeavor and champion transparency and
inclusiveness at every stage of the process.
Question 3. Given that the FCC is charged with regulating
interstate and international communications by radio, television, wire,
satellite and cable, if the Court rules in favor of Comcast and states
the FCC didn't have the authority to enforce its Internet Principles,
what steps will you take as Commissioners to ensure the Commission does
have the power to protect consumers' ability to access content of their
choice--fostering the creation, adoption and use of broadband Internet
content, applications and services, and ensuring that consumers benefit
from that innovation, which is what the principles were adopted for in
the first place? Do you support the codification of the FCC Internet
Principles?
Answer. I am a strong believer in the openness of the Internet and
the benefits it has provided consumers and businesses throughout the
world. It is unlikely that we would have seen the level of innovation,
capital investment and small business development that has occurred if
the Internet had not been an open platform. I therefore believe that
the Commission should do its part to maintain the openness of the
Internet so that it can continue to serve as an engine of incredible
economic growth and general welfare for our Nation.
As you have indicated, a related matter is currently pending before
the D.C. Circuit. If confirmed, I will continue to support finding ways
to protect the open nature of the Internet that are consistent with the
law.
Question 4. As you may know, I have been a champion for legislation
that would ensure the inherent openness and freedom of the Internet
remain intact and that carriers cannot use their networks in
anticompetitive ways against content or applications providers or with
new entrants. These protections are essential for allowing innovation
to flourish at all points of the Internet supply chain.
At the same time, I am cognizant that there has to be an
appropriate level of flexibility for network operators to effectively
manage their networks to ensure quality of service (QoS) to all
customers as well as to combat the growing problem of piracy that
plagues the Internet. According to the International Federation of the
Phonographic Industry (IFPI), 40 billion songs were illegally
downloaded in 2008 worldwide and that 95 percent of online music
downloads are completed illegally. Obviously this illegal traffic
attributes to the congestion that some broadband consumers experience
when surfing the web as well as an undue increase in operational costs
to network operators for delivering this illegal content.
Do you have concerns about the growing problem of piracy? What are
your views in balancing the necessity of ensuring the Internet remains
open and that users can access lawful content, applications and
services without restriction with our concerns that ISPs must be able
to manage their networks in an appropriate way to maintain QoS and to
protect against unlawful activities such as piracy and child
pornography?
Answer. I am concerned about the growing problem of piracy and
other unlawful activities on the Internet. It is a real and present
concern that must be taken seriously by all relevant parties. To that
end, my understanding of the concept of net neutrality is that it is
fully consistent with permitting ISPs to manage their networks in
appropriate ways to ensure that they are an equitable vehicle for
lawful content. Moreover, in order to ensure that all Americans have
equal and open access to the Internet, networks must be able to engage
in reasonable management practices designed to enhance their quality of
service to all consumers.
Question 5. A 2008 Pew Internet & American Life Project survey
found that approximately 62 percent of dial-up users said they weren't
interested in switching to broadband. That same survey also found that
33 percent of non-Internet users say they are not interested in using
the Internet. So while we must focus on making sure affordable
broadband is available to all Americans, we also must make sure that
any ``digital divide'' is not self-inflicted--that individuals are
aware and understand the importance of broadband and the countless
benefits it can provide to them.
The American Recovery and Reinvestment Act of 2009, does address
this issue with tasking the FCC with developing a national broadband
plan that includes a ``detailed strategy for achieving affordability of
such service and maximum utilization of broadband infrastructure and
service by the public.''
What specific initiatives/proposals do you believe would be
beneficial to achieving that goal of consumer awareness and education?
And how involved should the government be in addressing that effort and
improving the digital literacy of Americans?
Answer. You have identified an essential ingredient to any
comprehensive National Broadband Plan. The Commission can set the stage
for broadband reaching all corners of the country, but if the adoption
rate is low, our mission would be incomplete. It is important that the
Commission engages in a data-driven process that includes information
about adoption rates and studies about how to ensure that all Americans
appreciate the incredible impact broadband can have on their daily
lives.
By the same token, we must also lay the groundwork for broadband
that is affordable. There is no question that the cost of broadband
services plays and will continue to play a role in Americans' decisions
whether or not to subscribe. Therefore, in conjunction with robust
consumer awareness and education plans, the Commission must also find
creative ways to ensure that once aware and educated, American
consumers are able to afford broadband service.
Question 6. As the FCC moves forward in its effort to establish a
national broadband policy, in its notice of inquiry, the Commission
seeks comment the definition of broadband. In its semiannual High-Speed
Services for Internet Access Report, it historically collected date on
lines that were 200 Kbps or higher. In revising the Form 477 collection
it expands the number of broadband speed tiers but still uses 200 Kbps
as a minimum standard.
However, the United Kingdom, in its Digital Britain report, loosely
defines broadband at 2 Mbps by outlining the countries effort to
deliver its Universal Service Broadband Commitment at 2Mbps (a baseline
service standard) by 2012.
What are your thoughts as to what the appropriate definition of
``broadband'' should be--should it be a numerical value or a service
metric defined by different services running concurrently over a
connection or something else?
Answer. The issue of how to define broadband is crucial to the
overall National Broadband Plan. If confirmed, I am looking forward to
hearing from all parties in order to evaluate the best way in which to
define ``broadband.'' I believe the only manner in which to develop the
most appropriate and comprehensive definition is to have a process that
is open and transparent and that encourages robust public
participation. Under the leadership first of Acting Chairman Copps and
now of Chairman Genachowski, the Commission appears to be off to a
great start, and if confirmed, I look forward to working with the
Chairman and my fellow Commissioners to develop a comprehensive and
thoughtful plan by February 2010.
______
Response to Written Questions Submitted by Hon. Charles Grassley to
Mignon L. Clyburn
Question 1. The FCC has already been working hard on broadband
deployment issues through notices of inquiry. I'm happy to see the
Commission thinking long-term and look forward to seeing the results.
However, I'd like to know if there are any reforms to the USF program
that could be taken in the shorter term, such as ensuring rural
carriers that have purchased underinvested assets of the Nation's
largest carriers have a meaningful opportunity to qualify for high-cost
support. If so, would these include qualifying for support based on
forward-looking economic cost or cost estimates based on population
density?
Rural and non-rural carriers serve high cost, rural areas of the
country--such as in Iowa, yet their USF distribution mechanisms differ.
Worse yet, some ``rural'' carriers don't receive any high cost support
because of bad investment and business decisions made by the previous
owners of their network. As FCC Chairman, what changes would you
propose to the current system that would more equitably allocate high
cost USF support? Would standardizing the funding based on forward-
looking costs be a more realistic approach that would result in a more
equitable distribution of support?
Answer. Universal service reform is one of the most important
issues facing the Commission today. If confirmed, I pledge to look at
all pieces of the program to ensure that it is running efficiently and
effectively so that we are receiving the greatest return on our
investment nationwide.
Despite our need for comprehensive and thorough reform, there also
may be interim steps that can be taken to correct some of the more
glaring weaknesses in the program. If confirmed, I look forward to
working with you and other representatives of rural areas of the
country to evaluate the best mechanisms for high-cost USF support. I
believe that all options should be on the table, and any decisions must
reflect the real-world challenges faced by carriers and be based on a
data-driven process. I already have a strong sense of some of these
challenges, having served as a regulator in a largely rural state for
more than a decade.
Question 2. The FCC has had before it the remand from the Tenth
Circuit concerning the non-rural high-cost universal service program
for the entire time you have been on the Commission and just received
yet another round of comments. The non-rural program is currently the
only means by which a carrier can qualify for USF support based on
forward-looking economic cost. Based on your experiences at the
Commission, what are your thoughts on how to determine eligibility to
receive high-cost funding? Do you think the current distinctions
between the rural and the non-rural programs make sense?
Iowa is a predominantly rural state. The GAO reported in 2008 that
the USF high cost fund's structure has contributed to inconsistent
distribution of support and availability of services across rural
America. If we fail to remedy this situation of today's system, the
problem will likely only get worse if the system is expanded to include
broadband support. Why do you think vastly different high-cost support
mechanisms present a fundamental inequity in the USF system? How should
this inequity be addressed by the FCC to remedy the situation?
Answer. While I have some familiarity with the specifics of the
Universal Service Fund, I have not yet been fully briefed by FCC staff
on the different high-cost support mechanisms operating under the USF.
If confirmed, I look forward to hearing more about your concerns on
this subject and working with you and my colleagues to ensure that the
fund operates effectively and efficiently and continues to serve as a
positive force in ensuring essential telecommunications services for
all Americans.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Meredith Attwell Baker
Question 1. As part of the Telecommunications Act of 1996, Senator
Snowe and I established the E-Rate program to provide schools and
libraries with affordable access to telecommunications services and the
Internet. No other program has been as singularly effective at closing
our educational digital divide. Thanks to the E-Rate program, today
more than 90 percent of all classrooms have access to the Internet.
Children in the most rural communities are able to enjoy the
educational benefits and opportunities that broadband provides.
Recognizing the importance of the program, will you commit to me that
you will support and protect the E-Rate program as laid out in statute?
Answer. Yes. I recognize and appreciate the importance of the E-
rate program, which has been unsurpassed in connecting schools and
libraries in communities, thus allowing all Americans access to the
transformative power of broadband. If confirmed, you have my assurance
that I am fully committed to supporting and protecting the E-rate
program as laid out in statute.
Question 2. Part of the reason Congress delayed the digital
television (DTV) transition from February to June 2009 was due the
converter box coupon program running out of funds. As head of the
National Telecommunication and Information Administration (NTIA), you
oversaw the DTV coupon program and monitored its progress. Why was the
funding problem not identified prior to the end of 2008?
Answer. The Bush Administration, particularly the Office of
Management and Budget, saw the DTV coupon program as part of the
Deficit Reduction Act, rather than a vital consumer program. Although I
urged otherwise, the Administration would not agree to request from
Congress either additional funds or an Anti-Deficiency Act waiver.
Rather, they elected to propose additional budget authority only after
the maximum dollar amount for redeemed and active coupons was reached.
Thus, although I identified the funding problem prior to the end of
2008, I did not have the necessary support to resolve the matter. Given
the importance of the DTV coupon program and the proximity to the
(then) DTV transition date, I worked in a transparent and collaborative
manner with the Obama Administration Transition Team and Congress to
present options for solving the problem in the most effective and
efficient manner.
______
Response to Written Question Submitted by Hon. Daniel K. Inouye to
Meredith Attwell Baker
Question. The Federal Communications Commission (FCC) formed NECA
in 1983 to perform telephone industry tariff filings and revenue
distribution. What do you believe is an appropriate level of oversight
by the FCC over the activities and decisions made by the NECA?
Answer. The Commission has a duty to ensure that the National
Exchange Carrier Association (NECA) conducts its business in accordance
with applicable Commission rules and guidelines. I agree with those
that have suggested an operational, financial and ethics audit of the
FCC and its related entities. If confirmed, I will work to ensure that
NECA is included in that process.
______
Response to Written Question Submitted by Hon. John F. Kerry to
Meredith Attwell Baker
Question. There are a number of proceedings pending at the FCC that
involve making spectrum available in the broadcast bands on an
unlicensed basis. These proceedings include the reconsideration of the
FCC's so called White Spaces decision, the clearing of wireless
microphones from the 700 MHz band, and the FCC work around data bases
for white space device use. The important work done so far by the FCC
puts us on a road to allowing greater wireless broadband connectivity.
It remains important that these proceedings are concluded in a timely
manner and allows the unlicensed use of the spectrum for wireless
broadband. What are your thoughts about the broadband potential of the
TV White Spaces?
Answer. I believe that the TV white spaces hold great potential for
broadband, and I followed the FCC's action last fall with great
interest. I think that it is important to utilize spectrum in
efficient, transparent and flexible ways so as to unleash its great
potential for the American people. Moreover, I am hopeful that the
advanced services offered by this new spectrum will present additional
opportunities for entrepreneurs--including women, small businesses and
minorities--to enter the communications industry. I confirmed, I look
forward to joining my FCC colleagues to continue to build upon the
FCC's early and exciting success.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Meredith Attwell Baker
Question 1. As part of the Economic Recovery Act, the FCC will
develop a national broadband plan by February 2010. In New Jersey,
broadband has been deployed throughout the state, but many low-income
residents--often in urban areas--cannot afford it, or it does not reach
into their buildings. How will the FCC bring broadband to these
underserved low-income residents, and not only more rural areas of the
country?
Answer. If confirmed, I will proceed mindful of the importance of
competitive and technological neutrality. Given the diverse geography
and demographics of our nation, the plan must not favor one particular
technology or type of provider over another, even inadvertently.
Broadband deployment throughout America is not a one-size-fits-all
proposition. Wireline, wireless and satellite technologies are each
worthy alternatives. Low income residents in New Jersey will benefit
from the lower prices resulting from the competition among an array of
service providers. If confirmed, I look forward to working with
Congress and my Commission colleagues to develop a thoughtful,
practical and pragmatic National Broadband Plan.
Question 2. Almost 9 years after 9/11, we still do not have a
national, interoperable public safety communications network. One of
the major benefits of the DTV Transition that took place last week was
supposed to be the creation of this network, but the portion of the
airwaves set aside for public safety--known as the ``D block''--is
still vacant. What accounts for this delay? When do you expect to have
a plan for the D block?
Answer. One of the most important benefits of the digital
television transition is the ``D block,'' which has the promise to
deliver nationwide public safety interoperability. If confirmed, I will
work closely with my FCC colleagues to learn more about this important
endeavor and to devise a plan for moving forward. I will also listen to
Congress, and engage the public safety community regarding new ideas. I
am hopeful that this is a challenge that will take priority and will
resolved in the very near term.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Meredith Attwell Baker
Question 1. Over the last 10 years, the U.S. has gone from being a
world leader in Internet penetration to being 15th or worse, depending
upon what statistics you read. What will you do as FCC Commissioner to
reverse this trend?
Answer. The National Broadband Plan that Congress has charged the
Commission to complete by February of next year is an important and
strategic opportunity to ensure that the proper environment exists so
that broadband can continue to flourish. Hopefully, this plan will
include economic incentives to build out infrastructure faster at
higher speeds and set a regulatory climate that rewards innovation,
investment and encourages competition. A spectrum policy that unleashes
the value of the public airwaves is critical, as is effective and
efficient management of programs such as universal service. If
confirmed, I pledge to work collaboratively with my colleagues to
devise a timely, thorough and thoughtful plan.
Question 2. As the FCC formulates a national broadband plan, the
adoption of broadband by end users should be an important part of
measuring its success. Simply laying fiber pipe across the country is
not sufficient if people cannot afford or do not understand the
economic and practical value of adopting it. What educational efforts
or other activities will be needed to ensure high adoption rates for
broadband? What do you propose to do to help low-income Americans
afford access to broadband?
Answer. If confirmed, I look forward to closely collaborating with
Congress and my Commission colleagues to identify and implement an
array of methods to educate consumers on the benefits of broadband.
Moreover, if confirmed, I will proceed mindful of the importance of
maintaining competitive and technological neutrality. Given the diverse
geography and demographics of our nation, the plan must not favor one
particular technology or type of provider over another, even
inadvertently. Broadband deployment throughout America is not a one-
size-fits-all proposition. Wireline, wireless and satellite
technologies are each worthy alternatives. Low income residents in New
Mexico will benefit from the lower prices resulting from the
competition among an array of service providers. If confirmed, I look
forward to working with Congress and my Commission colleagues to
develop a thoughtful, practical and pragmatic National Broadband Plan.
Question 3. Ms. Baker, you note that the ``FCC has the keys to
unleashing the power of broadband.'' Today many rural Americans--who
make up 17 percent of the U.S. population--are much less likely to have
broadband than suburban or urban dwellers. I hope you share my view
that rolling out broadband to rural America today should be made a top
priority. What will you do as FCC Commissioners to ensure that rural
Americans benefit from advanced telecommunications, including
broadband?
Answer. As noted above, I will proceed mindful of the importance of
competitive and technological neutrality. Given the diverse geography
and demographics of our nation, the plan must not favor one particular
technology or type of provider over another, even inadvertently.
Broadband deployment throughout America is not a one-size-fits-all
proposition. Wireline, wireless and satellite technologies are each
worthy alternatives. Low income residents in New Mexico will benefit
from the lower prices resulting from the competition among an array of
service providers.
Question 4. During the campaign, President Obama said that
reforming our universal service system will be a priority. I think that
this essential if we are going to ensure affordable Internet access in
rural parts of the country. Like the telephone in an earlier era,
broadband has become essential in many ways. Job seekers must often
look online for employment listings and file their applications
electronically. Companies are less likely to locate or expand to areas
where high speed Internet access is not affordable. Important public
information from government agencies and news outlets is often
available online. Will universal service reform be a top priority for
the FCC under your leadership? What principles should guide any effort
to reform universal service? Universal service does not cover
broadband. Would you support universal service reforms to ensure
greater Internet access for low income and rural Americans?
Answer. While Chairman Genachowski will set the FCC's agenda, if
confirmed, I would work with him and all of my FCC colleagues, to
ensure that universal service reform proceeds in a timely, transparent
and collaborative manner. With respect to guiding principles, I think
that predictability in the subsidy support level would bring greater
certainty in the marketplace and assurance to customers that they will
receive affordable high quality services. If confirmed, I would proceed
with the hope that a reformed system would operate in the most
efficient and effective manner possible--collecting only the amount
necessary, and spending only what is collected. Finally, as traditional
wireline communication has moved to wireless, and as more and more
services ride on the Internet platform, I think it is becoming more
apparent that broadband should be part of a modernized universal
service system. I am hopeful that the FCC's National Broadband Plan
would include a discussion setting forth options on this question.
Question 5. When we met to discuss your interest in becoming FCC
Commissioners, I related a story about President Clinton visiting
Shiprock, New Mexico, where a girl who won a computer did not have a
telephone line or Internet access at home.
Too many tribal areas still do not have basic phone service, let
alone broadband. Telephone access in Indian country today is less than
70 percent. Broadband access may be only 10 percent. Although the FCC
has taken some positive steps to address this problem, the digital
divide facing Indian country obviously is still a challenge. How will
the FCC under your leadership work to erase the digital divide in
Indian country?
Given the distinct challenges and unique situation of our Nation's
tribes, do you support having a tribal office within the FCC to better
assist tribes' efforts to gain access to modern telecommunications
services. My understanding is that the Telecommunications Act does not
specifically mention tribes yet it should be understood that tribes
were meant to be included. Will you support a flexible regulatory
approach in order to meet the spirit of the law when helping tribes
improve telecommunications access in Indian country?
It has been 10 years since the FCC focused on tribal lands in a
hearing on telephone services, can the Commission reinitiate hearings
that focus directly on broadband and other critical services to tribal
lands?
Answer. Through my visits to New Mexico, I have grown to recognize
that tribal lands face unique challenges and, given that they are some
of the most under-served parts of America, have not meaningfully
benefited from one-size-fits-all solutions. Given these circumstances,
I understand that the FCC has created exceptions within the universal
service program that are designed to ensure that companies operating in
these remote areas will continue to receive high-cost support to
provide their services while the Commission is considering the
possibility of a more comprehensive reform. I also understand that the
FCC has an attorney on its staff with responsibility for outreach to
tribal lands. If confirmed, I look forward to learning more about the
unique challenges that face tribal citizens and to joining with you and
my colleagues to continue to make progress to eliminate disparities.
Question 6. Most Americans now consider the digital TV transition
over. However, New Mexicans living in rural areas will continue to
receive analogue TV until their local TV translators switch to digital
next year or later. How will the FCC ensure that these rural TV viewers
will not be left in the dark when the DTV transition finally takes
place in their area? How should the FCC and broadcasters address the
issue of ``digital white spaces'' created in rural areas where free
broadcast TV will no longer be available to some Americans?
Answer. I fully support efforts to ensure that all over-the-air TV
viewers continue to enjoy TV service. If confirmed, I will join with my
FCC colleagues to identify any lingering challenges and resolve them
expeditiously.
Question 7. New Mexico is a rural state where most areas have just
one or two cell phone providers. This situation already limits consumer
choices. People in rural areas with few wireless companies to choose
from have even fewer options for phone handsets due to exclusivity
arrangements between carriers and phone manufacturers. This exacerbates
the digital divide between urban and rural areas. With traditional
wireline service, one can take any telephone to any home or office and
just plug it in to make calls--no matter who the service provider is.
Yet if one changes wireless carriers, one often has to buy a new phone.
This seems wasteful and unnecessary. What policies would you support to
increase the availability of smartphones to consumers, particularly
those that live in rural areas? Do you believe public policy should
mandate that wireless networks allow any new handset to connect to it,
similar to the existing situation with wireline service since the
Carterfone decision?
Answer. From my own personal experiences as a wireless consumer, I
understand the frustration. I also appreciate the desire of smaller
companies to offer their customers a fuller complement of handsets. I
was interested to learn of one company's recent compromise on exclusive
handset agreements and hope these industry-driven solutions continue.
On the other hand, I understand that there are about 30 companies that
manufacture wireless devices for the U.S. market, and that over 630
different handsets are sold in the U.S. Moreover, I recognize that the
Commission has a longstanding precedent against participation in
private contractual disputes, which may be at the heart of this matter.
If confirmed, I look forward to working with Congress and my FCC
colleagues on this challenging issue.
______
Response to Written Questions Submitted by Hon. Olympia J. Snowe to
Meredith Attwell Baker
Question 1. The Government Accountability Office has issued several
reports over the past 7 years on spectrum policy. One report, Options
for and Barriers to Spectrum Reform (GAO-06-526T) released in March
2006, stated that ``the current management framework may pose barriers
to reform'' and that the GAO had previously made several
recommendations to address this issue such as: (1) for the Commerce
Secretary and FCC to establish and carry out formal, joint planning
activities to develop a national spectrum plan to guide decisionmaking
and (2) that relevant administrative agencies and Congressional
committees work together to develop and implement a plan for the
establishment of a commission that would conduct a comprehensive
examination of current spectrum management. At the time of the report's
release, it was noted that neither of those recommendations had yet
been implemented. Since that time, do you know if those recommendations
have been considered or implemented? If not, could you elaborate on why
not?
Answer. During my tenure as Acting Assistant Secretary at the
National Telecommunications and Information Administration (NTIA), I
was privileged to work on a comprehensive report pertaining to the
Nation's airwaves used by the Federal Government, The Federal Strategic
Spectrum Plan. Our work was based on submissions of spectrum plans from
15 Federal agencies. As you know, the report described how the Federal
Government uses spectrum and provided a framework for the National
Spectrum Plan, which was called for by a 2004 Executive Memorandum and
was to be completed in conjunction with the Federal Communications
Commission. Unfortunately, the FCC has not yet completed their work on
this plan. Therefore, the spectrum inventory, such as proposed in your
bill, would be a beneficial exercise and, if undertaken in a thoughtful
and deliberate matter, lay a foundation for more transparent, flexible
and efficient spectrum management.
I have a keen interest in spectrum matters, and, more specifically
the means and tools to maximize spectral efficiency. If confirmed, I
look forward to advancing the work of the Commission in this area,
partnering with the NTIA and Federal users, as well as closely
coordinating with Congress to optimize spectrum use and management.
Question 2. The biggest issue last year with respect to network
neutrality was with Comcast and its management of peer-to-peer traffic.
In August of last year, the FCC concluded that Comcast violated the
Commission's Internet open-access guidelines by blocking BitTorrent
peer-to-peer traffic and found that Comcast's broadband-network-
management practices were arbitrary and capricious. The Commission gave
the carrier 30 days to ``disclose the details'' of those
``unreasonable'' network practices, as well as its plan for replacing
them by year's end with network-management practices acceptable to the
FCC. Comcast subsequently filed suit against the Commission challenging
the FCC's authority to enforce those principles.
Given that the FCC is charged with regulating interstate and
international communications by radio, television, wire, satellite and
cable, if the Court rules in favor of Comcast and states the FCC didn't
have the authority to enforce its Internet Principles, what steps will
you take as Commissioners to ensure the Commission does have the power
to protect consumers' ability to access content of their choice--
fostering the creation, adoption and use of broadband Internet content,
applications and services, and ensuring that consumers benefit from
that innovation, which is what the principles were adopted for in the
first place?
Answer. Protecting consumers' ability to access the content of
their choice is a responsibility that I take seriously. All
policymakers have a duty to engage in principled and transparent
decisionmaking. If confirmed, I will work collaboratively and
constructively with my colleagues to ensure that we proceed in a
prudent and thoughtful manner.
Question 2a. Do you support the codification of the FCC Internet
Principles?
Answer. As policymakers, we all have an interest in ensuring the
free flow of lawful content over the Internet. On the other hand, I
would be concerned about any regulatory action that could lead to
unintended harmful consequences. That said, debating this matter will
be a healthy exercise. If confirmed, I look forward to engaging with my
FCC colleagues, Congress and interested parties. As noted above, I will
work collaboratively and constructively to ensure that the FCC proceeds
in a transparent, prudent and thoughtful manner.
Question 3. As you may know, I have been a champion for legislation
that would ensure the inherent openness and freedom of the Internet
remain intact and that carriers cannot use their networks in
anticompetitive ways against content or applications providers or with
new entrants. These protections are essential for allowing innovation
to flourish at all points of the Internet supply chain.
At the same time, I am cognizant that there has to be an
appropriate level of flexibility for network operators to effectively
manage their networks to ensure quality of service (QoS) to all
customers as well as to combat the growing problem of piracy that
plagues the Internet. According to the International Federation of the
Phonographic Industry (IFPI), 40 billion songs were illegally
downloaded in 2008 worldwide and that 95 percent of online music
downloads are completed illegally. Obviously this illegal traffic
attributes to the congestion that some broadband consumers experience
when surfing the web as well as an undue increase in operational costs
to network operators for delivering this illegal content.
Do you have concerns about the growing problem of piracy? What are
your views in balancing the necessity of ensuring the Internet remains
open and that users can access lawful content, applications and
services without restriction with our concerns that ISPs must be able
to manage their networks in an appropriate way to maintain QoS and to
protect against unlawful activities such as piracy and child
pornography?
Answer. It is reported that global copyright theft costs U.S.
workers more than $16 billion in lost wages and 373,000 jobs each year.
Illegal copyright infringement is a threat to our economy, our
creativity and our global competitiveness. On the other hand, all
policymakers have an interest in ensuring the free flow of lawful
content over the Internet. For this reason, I would be concerned about
any regulatory action that would have the potential to lead to
unintended harmful consequences such as impairing a network owner's
ability to protect against unlawful content and activities, such as
piracy, spam, denial of service attacks or child pornography. If
confirmed, I look forward to engaging with my FCC colleagues, Congress
and interested parties. I would work collaboratively and constructively
to ensure that the FCC proceeds in a transparent, prudent and
thoughtful manner.
Question 4. A 2008 Pew Internet & American Life Project survey
found that approximately 62 percent of dial-up users said they weren't
interested in switching to broadband. That same survey also found that
33 percent of non-Internet users say they are not interested in using
the Internet. So while we must focus on making sure affordable
broadband is available to all Americans, we also must make sure that
any ``digital divide'' is not self-inflicted--that individuals are
aware and understand the importance of broadband and the countless
benefits it can provide to them.
The American Recovery and Reinvestment Act of 2009, does address
this issue with tasking the FCC with developing a national broadband
plan that includes a ``detailed strategy for achieving affordability of
such service and maximum utilization of broadband infrastructure and
service by the public.''
What specific initiatives/proposals do you believe would be
beneficial to achieving that goal of consumer awareness and education?
And how involved should the government be in addressing that effort and
improving the digital literacy of Americans?
Answer. Under Acting Chairman Copps' leadership, the FCC did an
outstanding job to educate and prepare consumers for the transition to
digital television and lessons from this effort could be replicated. If
confirmed, I look forward to working with my FCC colleagues, and
coordinating with interested parties, to study the successes (and
failures, if any) from the DTV transition process. The Commission
appears to be well-poised to develop and implement educational efforts
to increase consumer awareness regarding and use of broadband services.
I would be pleased to be part of this effort.
Question 5. As the FCC moves forward in its effort to establish a
national broadband policy, in its notice of inquiry, the Commission
seeks comment the definition of broadband. In its semiannual High-Speed
Services for Internet Access Report, it historically collected date on
lines that were 200 Kbps or higher. In revising the Form 477 collection
it expands the number of broadband speed tiers but still uses 200 Kbps
as a minimum standard.
However, the United Kingdom, in its Digital Britain report, loosely
defines broadband at 2 Mbps by outlining the countries effort to
deliver its Universal Service Broadband Commitment at 2Mbps (a baseline
service standard) by 2012. What are your thoughts as to what the
appropriate definition of ``broadband'' should be--should it be a
numerical value or a service metric defined by different services
running concurrently over a connection or something else?
Answer. Given the diverse nature of our Nation and the
corresponding need to proceed in a technologically neutral manner, I
would be reluctant at this time to define broadband in strict terms
that might impede innovation. If confirmed, I look forward to joining
with my colleagues and with interested parties on this important
component of the FCC's work.
______
Response to Written Questions Submitted by Hon. Jim DeMint to
Meredith Attwell Baker
Question 1. What are your thoughts on ``localism'' mandates and
community advisory boards for broadcasters and the content they air?
Answer. I am aware that the FCC has a pending proceeding that
proposes to require broadcasters to consult with advisory boards
regarding content. While I do not want to appear to prejudge the
outcome of this pending proceeding, I will state that I would be
concerned about even the appearance of government involvement in
station programming. I strongly believe in the First Amendment, and
that the competitive marketplace provides broadcasters with the proper
incentives to cover their local communities.
Question 2. It is possible that community advisory boards may
become populated by members of ideological groups and not provide an
accurate representation of their local communities. Will you commit to
oppose any efforts to use these local content advisory boards for
partisan political purposes?
Answer. Yes. I am committed to opposing any efforts to use any
local content advisory boards for partisan political purposes.
Question 3. How will you support and promote facilities-based
competition in the communications market?
Answer. If confirmed, I would work with Congress and my FCC
colleagues to promote facilities-based competition by eliminating
regulatory barriers and creating incentives for entering the
communications marketplace. Of particular note is the promise of new
facilities-based competition through new wireless technologies. New AWS
and 700 MHz spectrum is coming into the market, with carriers launching
new markets with regularity. White spaces spectrum will also provide an
exciting opportunity for new entrepreneurs to enter the marketplace and
provide additional competition. I am excited about the prospect of
creating new avenues for competition, which delivers untold benefits to
American consumers.
Question 4. Do you believe broadband services should be eligible
for Federal universal service support?
Answer. Please see answer below.
Question 5. Does section 254 of the Communications Act authorize
support for these services or does the Act need to be amended to
authorize it?
Answer. With respect to questions 4 and 5, I understand that some
universal service funds may be used for the purpose of deploying
broadband services--for instance, to upgrade existing facilities or to
construct new facilities. It may be inevitable and appropriate that
universal service funding will continue to support broadband
deployment. That said, the importance in analyzing options that would
reform both the contribution and distribution universal service support
mechanisms is apparent given that the funding contribution factor is
now above 12 percent. If confirmed, I will closely coordinate with
Congress, my FCC colleagues and interested parties to learn more about
the universal service support systems, including whether Congress would
need to amend Section 254 of the Communications Act to include funding
for broadband deployment.
Question 6. Please identify any specific occurrences or activities
that, in your opinion, have violated net neutrality.
Answer. Please see answer below.
Question 7. Please also explain how the resolution of these
episodes would have been expedited or improved had there been in place
an enforceable rule or law mandating net neutrality.
Answer. I am aware of the Madison River case, where the FCC took
swift enforcement action against a carrier that was engaged in anti-
competitive content blocking. This case demonstrated that the
Commission has the requisite tools to act quickly to investigate and
resolve charges of unlawful activity. As a result, I am not convinced
that this episode could have been expedited or improved. At the end of
the day, consumers were the victors. Likewise, I am not convinced
additional rules or policies on ``net neutrality'' are necessary. I
would be concerned about any proposal to impose intrusive new
regulations given the possible unintended harmful consequences--such as
stifling innovation and investment. This is especially true given that
the marketplace is rushing to satisfy the ever-evolving consumer
demand. If confirmed, I look forward to engaging with my FCC
colleagues, Congress and interested parties to ensure that the FCC
proceeds in a transparent, prudent and thoughtful manner.
______
Response to Written Questions Submitted by Hon. Johnny Isakson to
Meredith Attwell Baker
Question 1. I have always been actively involved in taking the
appropriate steps to combat child pornography on the Internet. As you
know, in September of 2005, the FCC adopted a set of net neutrality
principles that explicitly allows broadband providers to take
reasonable steps to prevent unlawful activity such as child pornography
and piracy or theft of copyrighted content over their networks.
I have recently been made aware of the fact that it rejects the
critical imperative that technological capabilities to block
pornographic materials and pirated IP, like films and television be
permitted. I am interested in knowing that it is your intention to
confirm and adhere to this policy during your tenure as an FCC
Commissioner.
Answer. I think there is beginning to be a consensus that network
operators must be able to enlist reasonable network management tools to
maintain a functioning Internet and that there is a distinction between
lawful and unlawful content. Unlawful content--child pornography, spam,
denial-of-service attacks and pirated IP--has no protection. While
network operators must not ``discriminate'' in an anti-competitive
manner against lawful content, they nonetheless must have the
flexibility to manage their networks without compromising the
innovation that has led to the robust Internet today.
Question 2. Our broadband ranking has stagnated at 15th in the
world for a few years now. Competition is a key ingredient in driving
investment and system upgrades that will improve broadband quality.
What policies will you advocate while at FCC to ensure that our global
broadband ranking increases, and promotes competition?
Answer. The National Broadband Plan that Congress has charged the
Commission to complete by February of next year is an important and
strategic opportunity to ensure that the proper environment exists so
that broadband can grow and continue to flourish. Hopefully this plan
will include economic incentives to build out infrastructure faster at
higher speeds and set a regulatory climate that rewards innovation,
investment and encourages competition. A spectrum policy that unleashes
the value of the public airwaves is critical, as is effective and
efficient management of programs such as universal service. If
confirmed, I pledge to work with my colleagues to ensure a timely,
thorough and thoughtful plan.
______
Response to Written Questions Submitted by Hon. Charles Grassley to
Meredith Attwell Baker
Question 1. The FCC has already been working hard on broadband
deployment issues through notices of inquiry. I'm happy to see the
Commission thinking long-term and look forward to seeing the results.
However, I'd like to know if there are any reforms to the USF program
that could be taken in the shorter term, such as ensuring rural
carriers that have purchased underinvested assets of the Nation's
largest carriers have a meaningful opportunity to qualify for high-cost
support. If so, would these include qualifying for support based on
forward-looking economic cost or cost estimates based on population
density?
Rural and non-rural carriers serve high cost, rural areas of the
country--such as in Iowa, yet their USF distribution mechanisms differ.
Worse yet, some ``rural'' carriers don't receive any high cost support
because of bad investment and business decisions made by the previous
owners of their network. As FCC Chairman, what changes would you
propose to the current system that would more equitably allocate high
cost USF support? Would standardizing the funding based on forward-
looking costs be a more realistic approach that would result in a more
equitable distribution of support?
Answer. While the Universal Service system has been instrumental in
keeping Americans connected and improving their quality of life, this
system is in need of comprehensive reform. As noted earlier, if
confirmed, I look forward to working with Congress and my FCC
colleagues to tackle these challenging and important issues.
Question 2. The FCC has had before it the remand from the Tenth
Circuit concerning the non-rural high-cost universal service program
for the entire time you have been on the Commission and just received
yet another round of comments. The non-rural program is currently the
only means by which a carrier can qualify for USF support based on
forward-looking economic cost. Based on your experiences at the
Commission, what are your thoughts on how to determine eligibility to
receive high-cost funding? Do you think the current distinctions
between the rural and the non-rural programs make sense?
Iowa is a predominantly rural state. The GAO reported in 2008 that
the USF high cost fund's structure has contributed to inconsistent
distribution of support and availability of services across rural
America. If we fail to remedy this situation of today's system, the
problem will likely only get worse if the system is expanded to include
broadband support. Why do you think vastly different high-cost support
mechanisms present a fundamental inequity in the USF system? How should
this inequity be addressed by the FCC to remedy the situation?
Answer. If confirmed, I look forward to working with my colleagues
to satisfactorily resolve the questions posed to us by the Tenth
Circuit and to continuing our work toward fundamental reform of the
intercarrier compensation and Universal Service systems. In that
context, the Commission can appropriately address the Commission's
decision to provide different support mechanisms for rural and non-
rural carriers.