FRED UPTON, MICHIGAN
CHAIRMAN
HENRY A. WAXMAN, CALIFORNIA
RANKING MEMBER
ONE HUNDRED TWELFTH CONGRESS
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COMMITTEE ON ENERGY AND COMMERCE
2125 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-6115
Majority (202) 225-2927
Minority (202) 225-3641
March 3, 2011
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chairman Genachowski:
Thank you for testifying at our February 16, 2011, subcommittee hearing on your rules
regulating the Internet. We wish to follow up on some ofthe issues discussed. Please provide
written replies to the following requests for information by close ofbusiness, March 7, 2011:
1. You said at the hearing that you would find for us the market analysis the Federal
Communications Commission (FCC) conducted justifying government intervention.
Please point us to the specific paragraphs and language in the order providing that
analysis.
2. President Obama said in a January 18,2011, Executive Order that agencies should base
regulations on a reasoned determination that their benefits justify their costs. While the
Executive Order does not apply to independent agencies, the President urged such
agencies to follow it, and you have indicated that you plan to do so. Please point us to
the specific paragraphs and language in the order containing the FCC's cost-benefit
analysis justifying your intervention.
3. President Obama has said that it is important in the current fiscal environment to focus on
promoting the economy and creating jobs. Please point us to the specific paragraphs and
language in the order analyzing the impact ofyour rules on the economy and the creation
or loss ofjobs.
4. The order concludes that its rules will have "minimal" burden on small businesses.
Please point us to the specific paragraphs and language in the order providing the analysis
to back up that conclusion.
5. The FCC cites section 706 ofthe Telecommunications Act of 1996 as legal justification
for its action in the net neutrality order. While we dispute the Commission's prior
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Letter to the Honorable Julius Genachowski
Page 2
finding that broadband is not being deployed in a "reasonable and timely manner,"
section 706 states that in the event the Commission finds such a shortcoming, it is .
empowered to take action "to accelerate deployment ofsuch capability by removing
barriers to infrastructure investment." Please point us to the specific paragraphs and
language in the order providing the analysis ofhow the rules remove barriers to
infrastructure investment.
6. The FCC has regulatory docket GN 10-127 open that presents alternative approaches to
the net neutralityrul~sadopted last December. Now that the Commission has adopted an
order, will you terminate the open proceeding on Title II regulation ofthe Internet and
your "Third Way" proposal? Ifnot, what purpose does retaining anop~ndocket in those
proceedings serve?
Regulation ofthe Internet and the impact ofthese regulations on the economy, jobs,
innovation, and the American people are ofcritical concern to this committee. We look forward
to your prompt response. Ifyou have any questions, please contact Committee staffNeil Fried
and David Redl at 225-2927.
Sincerely,
Fr~~
Chairman
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Chairman
Subcommittee on Communications and Technology
cc: The Honorable Henry A. Waxman, Ranking Member
The Honorable Anna Eshoo, Ranking Member
Subcommittee on Communications and Technology
Commissioner Michael 1. Copps
Commissioner Robert M. McDowell
Commissioner Mignon Clyburn
Commissioner Meredith Attwell Baker