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January 7, 2010
The Honorable Julius Genachowski
Chainnan
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chainnan Genachowski:
I am writing with respect to the Commission's implementation ofSection 629 ofthe
Communications Act, a provision that I authored as part ofthe Telecommunications Act of 1996.
As you know, Congress enacted Section 629 to replicate the unqualified successes ofthe
so-called "Carterfone" policies by requiring the unbundling ofequipment from multichannel
video programming distributors, such as cable systems. Congress tasked the Commission with
adopting rules to implement this policy to promote much-needed investment, innovation, and
consumer choice in equipment utilized in conjunction with services offered over cable systems.
Specifically, the law requires the Commission to assure consumers ofthe retail availability of
cable modems (and other equipment) from vendors not affiliated with any multichannel video
programming distributor.
Recently, Boston-based Zoom Telephonics filed a complaint with the Commission
regarding Comcast's adherence to rules implementing this important broadband policy statute. I
take no position on the merits ofthis particular complaint, but as one ofthe authors ofSection
629 ofthe Act, I wish to underscore my strong interest in ensuring that its requirements are fully
and faithfully implemented by the Commission. Accordingly, I request that the Commission
examine the activities raised by Zoom's complaint, and ifthe Commission finds them to be
inconsistent with Section 629, I request that it take action to ensure compliance with such
section.
Finally, I note that at the Commission's December meeting, the FCC adopted so-called
"net neutrality" rules that reaffinned the obligation ofbroadband providers to pennit consumers
to use non-harmful devices with their broadband service. This is wholly consistent with the
longstanding communications policy goals ofinvestment, innovation and consumer choice,
underscoring the importance oftimely Commission review to ensure consistency with the intent
of Section 629.
I thank you in advance for your time and attention to this matter.
Sincerely,
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