July 1, 2011 
 
 
The Honorable Julius Genachowski 
Federal Communications Commission 
445 12th Street, SW 
Washington, DC 20554 
 
 
Dear Chairman Genachowski: 
 
I am writing to you in regards to the Notice of Inquiry that was adopted by the Federal 
Communications Commission on April 7th 2011 (WC Docket No. 11-59).  As the 60- day 
comment period for this notice comes to a close, I wanted to express concern over potential 
rulemakings the FCC may propose that would, in effect, threaten the “home rule” authority of 
local governments and lead to their loss of significant amounts of revenue. 
 
I, much like you, am a proponent of expanding our national broadband infrastructure.  I have 
been proud to cast several votes throughout my time in Congress that facilitated broadband 
access to under- and un-served populations alike nationwide.  While I certainly support the 
FCC’s efforts in this particular inquiry to help alleviate tactical and bureaucratic barriers that 
may impede the growth of broadband, I would caution the FCC that a short-sighted Notice of 
Proposed Rulemaking (NPRM) relating to public rights of way would severely degrade the 
negotiating authority of local governments. 
 
Every town and village in my district that exercises “home rule” may be threatened by a future 
NPRM.  My hometown of Mineola, NY, has already suggested that threats to its negotiating 
position with cable operators could potentially lead to both a loss of public access television and 
hundreds of thousands of dollars in revenue from franchise fees.  Especially at a time when state 
and local governments already have to make difficult budgetary decisions, it is my hope that the 
FCC not put local communities in further financial distress. 
 
I ask that you provide further clarification as to the track the FCC wishes to pursue on this 
matter. 
 
     Sincerely,  
     ??
     Carolyn McCarthy 
     Member of Congress 
0866