FCC NOMINATIONS HEARING
Senator Kay Bailey Hutchison,
Ranking Member – Senate Commerce, Science, and Transportation Committee
June 16, 2009

Thank you Mr. Chairman, and I would like to welcome the nominees and their families.

As we head into a new era at the FCC, I want to express my desire that the FCC’s commissioners work together as partners.  We are at a critical point in our economic recovery, and the FCC has oversight over several key industries that directly impact the nation’s economy.

First, we must ensure that broadband reaches every part of the country.  The FCC is currently developing a national broadband map – it is my strong desire that this map be used to bring broadband to unserved areas.  I do not believe the government should seek to subsidize competition in so-called underserved areas before making sure that unserved rural Americans have the ability to access broadband for healthcare, education, and economic opportunity and growth.

Moreover, regulators must be careful not to impede progress in this sector by increasing burdens, especially where there is not a clearly demonstrated need for government intervention.  In the late 1990’s, for example, we saw that unbridled government intervention in the some telecommunications markets could have a devastating impact.  Simply put, regulatory intervention led to some of the largest bankruptcies in our nation’s history.

Second, broadcasters have long provided invaluable service to our nation – in addition to entertaining us, they deliver timely local news, free family and educational programming, and are one of the last lines of defense when natural disasters occur.  As the marketplace evolves and broadcasters seek out new opportunities to change, I caution the FCC against increasing regulatory burdens and reporting requirements that will only make it more difficult for broadcasters to thrive.  I come from broadcasting, and I cannot over-emphasize my belief that we need to nurture this industry, particularly as it proceeds through the recent DTV transition, and adapts to a reality of falling advertising revenue.

I also want to be clear that the FCC must remain vigilant in enforcing standards of decency over the airwaves.  As a mother of two young children, I have a very personal stake in this issue – and as I travel across Texas, I see that all my constituents also care very deeply about this issue.  The FCC must first be very clear about what the standards are, and then not hesitate to enforce them.  I have had the pleasure of meeting with both of these nominees, they are good family men and I am confident that they share these concerns and are committed to this issue.

Third, I want to address the FCC’s processes.  I often hear from my state that there are long delays at the FCC in responding to consumer issues, and that the rulemaking process needs to become more transparent.  The FCC’s primary function is to serve the public interest – when a consumer needs assistance, the FCC should reasonably respond to each and every consumer.  I do not want unrelated disagreements between commissioners to get in the way of serving individual Americans.

Lastly, and I hope the committee will forgive me for peeling open the net neutrality can-of-worms this early in the hearing, but I will be very interested to learn whether either of our nominees believe that any future network management proposals the FCC may consider should ensure that the industry retains the ability to halt copyright infringement.  Theft of copyrighted works is a significant and ongoing problem on the Internet – and I am 100% committed to putting an end to it.

Upholding copyright protections is a critical aspect of promoting richness in programming and entertainment options, and an important driver of economic growth.  I look forward to hearing how the nominees will approach this issue.

Thank you again Mr. Chairman, and I look forward to hearing from the nominees.