>> one thing i didn't talk about in the beginning, you may be wondering why a group like this is even involved in this issue, and a lot of this goes back to the idea that we've always advocated for the idea that technology was designed by choice and we should be thinking about what type of uses of technology we should be creating and how are going to use it and how we can provide promote more innovation. that only happens when you create the space people want to participate in and that's a role that has a private component and a public-sector component. :

and again not crafting it as a harassment statute but rather a privacy when. and making it a criminal offense. >> i think it is moving forward in trying to get laws like this past in all the states is that it educates prosecutors throughout, up and down the levels of government. it really gets the word out to all of law enforcement that this is, in fact, a crime. >> we still need to maintain state laws in all 50 states need them. the fbi is not going to be looking into every single case. we can't expect them to. they have much more discretion about what case to take, so we are local on four servers to be stopping nonconsensual porn on a local level.

the cyber civil rights initiative has a model on our website which is very similar to the illinois law that josh talked about which we would recommend that the 15 remaining states look to. and the other trend we are seeing more and more to civil remedies. we've been talking about how criminal laws really deter, but we should all have options. and so if the victim wants to take matters into her own hand, then they should be civil liability. and the good double laws allow victims to sue and keep their anonymity and to get injunctions to stop the spread. and so they don't necessarily have to wait for law enforcers to act. >> great. let me open it up. can you just say your name and any affiliation box we have a

mic that will be coming to you. >> my name is jamal. i'm a reporter with the first issues in higher education. i have a two-part question. the first part is if anyone can speak to the extent to which this is a problem on colleges and university campuses? and the second part would be specifically for josh. i'm wondering how you envision this might play out if something takes place at an institution of higher education. as you know if sexual assault takes place at the university it's handled differently than if it taken place anywhere else. so those the legislation, does it consider or should it consider anything special for colleges and universities? thank you. >> can answer the first part of that question? we are seeing more title ix cases that involve revenge porn. we have one right now on a college campus that were handling out my firm, but also i

don't know if you remember the pain state issue that happen i think two years ago -- penn state -- were a fertility was maintaining a private facebook page whether uploading images of drunk and passed out naked supported girls. and the particularly something about that was that even though pennsylvania had a law, they didn't apply to the situation because they come i guess the law enforcers decided the offenders didn't have the intent. they were just kind of trading baseball cards with their frat brothers. but also right now the office of civil rights at the united states department of ed is investigating three cases that we submitted that all involved nonconsensual poor. action at the k-12 level. these cases don't just involve nonconsensual poor.

one involves nonconsensual porn that was nonconsensual he reported. one also has to be unduly sex act was nonconsensual. that was then distributed around the 13-year-olds middle school. >> we are totally unaware of the huge problem of campus of sexual assault, this sort of. congressman spiers has been extreme active and on the forefront of the. regarding any sort jurisdictional ambiguity, we don't really foresee the. i think it's solidly within the da or a just jurisdiction whether to take the case of. we would encourage them to do so. i think in a lot of cases, to your point, they defer to the title ix defense in having a school adjudicate these sorts of offenses. and i think the default should probably lie with ida -- with a

da. >> thank you. other questions? >> my name is claire and them with electronic privacy information center. i heard the right to be forgotten was raised earlier and i wanted to explore that a little more. kerry had mentioned how often times it's challenging to get this content taken down from the internet. i have worked on some taken cases as well and i've seen, whether today or an image, this content spreads like wildfire and get 20, 30 pages of search results in foreign languages. it's really hard to get this content down. even if were able to bring criminal enforcement actions against the revenge pornographer and potentially even a website that is soliciting this content, that still leaves the question

of how do we get the content outcomdown, special from reallyy websites operating in another country. the right to be forgotten which i'm sure many people are familiar with but allows individuals in the eu to request search engines to remove results from search results when content is no longer relevant. i'm just wondering your thoughts whether that would be a useful tool for combating or reliving some of the stress for victims when the content is impossible to completely remove? >> actually last year google, yahoo! and being treated the many right to be forgotten when it comes to revenge porn. that's been tremendous in terms of helping victims. but you are right. i mean, it's a totally game of whack-a-mole. we can never insure a victim pictures are going to be down

promote because anybody who saw them as the ability to have uploaded them to saved them on his computer and then could post them back up. i have clients who, part of their morning ritual, they get up, brushed their teeth and they go to google to see where their new images have spread. then they spend the first hour of their day just sending takedown notices and filling out the google form asking for the search results to be taken down. it requires constant maintenance, even though we do have the ability to request takedown from search engine results. >> could you maybe talk about some of the challenges you see with the content that's not searchable? so on whatsapp were some of these other platforms. >> especially among the younger set, there is a lot of different

ways the content gets spread. oftentimes it's posted on social media page of the victim. sometimes somebody will actually create a website with the victim's name as the url and dedicate all website to the. then there are revenge porn websites. one of the most pernicious problems is when revenge porn is published on an actual porn site, because been the victim's name becomes a searchable term on that site. so like port hub or asked to actually their own internal search engine. even if the victim gets richer than from her search results still lead to that site. among the younger people tend, that i've dealt with, they came to distribute the images device to device or through apps like

whatsapp and facebook messenger, and so it kind of spreads in a different way. and usually, inevitably at some point it once upon instagram or facebook. but it's a real problem, like to figure out the extent of the spread. when the material isn't on the public internet but it is being spread in a more horizontal way. >> does anybody else on the panel want to comment? yes? >> you all talked about the challenges of balancing free speech interest in taking down content you don't want on your platforms. specifically a question for facebook. i'm just wondering we've seen a number of issues in recent weeks and months showing content taken

down and then later facebook comes in and reverses the decision. most recently the vietnam war and napalm photo a lot of attention. on this one if you could elaborate on how the process works, decide when to reverse course on a takedown? what are the factors that go into that decision and who ultimately is making that decision? >> as i said earlier when the team of people who reviewed this content around the world 24/7 in multiple languages. in the context of something like this policy, there isn't, there is no reverse course. so if you share an intimate image of somebody, we take it down. it's not coming back up. >> but there has been a reversal, what is that sort of, what goes into that process, deciding to remove an image or a video and then coming back and think this actually is something that is okay?

>> maybe we can talk after since this is about this legislation but i can talk to you after. >> other questions? >> my question is you brought up intervention a little earlier and i was wondering if there are any campaigns out to educate the masses? i know the growing generation is very relied on social media, and one of the campaigns that's been brought about, college campuses, the obama administration brought up its own app and my camp at the future of that. a lot of cultures back in california have national days and weeks of awareness. is there any bystander intervention campaigns colleges campaigns about this issue that are out that we can spread into

people so they know? i know a lot of people know that this is an issue but are not that aware of it. so your thoughts on that? >> there or not in a government based campaigns. the cyber civil rights initiative is dedicated to raising awareness and it's a great place to go for information, and for instructions about removing content. but it's an issue that is rife for a campaign. >> garate. any other questions? with that, please join in thanking our panel for their expertise today. [applause] >> [inaudible conversations]

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>> you can watch this discussion again starting later today in our video library that c-span.org. coming up this evening live at 7 p.m. eastern a debate on the u.s. presidential election. former house speaker newt gingrich and radio talk show host laura ingraham debate former michigan governor jennifer granholm and former labor secretary robert reisch, all or part of the market debate from toronto at seven eastern. the african-american history museum opened last weekend. the ceremony repairs tonight at 8 p.m. eastern on c-span with president obama and the first lady and former president george w. bush and his wife laura, congress then jobless and others. >> every weekend otb features 48 hours of nonfiction books and authors.

>> some people need a pat on the back and a helping hand in sympathy and other people need a kick in the pants. >> going off without taking 21 andrew jackson rantings about some of the way donald trump was. they weren't about to be a demagogue. not because he was an television relish a star but he was already out the store. he had been a general and those who worry that investing all of the hopes and dreams of electorate into this one general because he was a flamboyant and

successful general would take democracy off its mark. >> so when japan bombed pearl harbor in place in black america was this infrastructure of proton to support that paul robeson begin to chip away at. that is to say, paul robeson was able to convince many black americans that their destiny and fate should rest with solidarity

with washington. washington. >> join the conversation with your phone calls, e-mails, facebook comments in tweets. for a complete schedule go to booktv.org. >> president obama and first lady michelle obama leading the u.s. delegation in jerusalem today at the funeral for former israeli prime minister and president shimon peres. politico reports attendees were a muslim palestinian leader abu abbas arrived and shook hands with israeli prime minister benjamin netanyahu. they write it was a rare personal encounter between the two men to a years long pause in efforts to come to peace deal between israelis and palestinians. quote long time, long time. according to multiple media reports, politico says netanyahu is quoted as welcoming can i buy same quote it's something i appreciate very much our behalf of our people and on behalf of

us. that's from political and you can read more at politico.com. >> the fcc yesterday okayed rules on wireless emergency alerts delivered to cell phones and other mobile devices. >> good morning and welcome to the september meeting of the federal communications commission. madam secretary, will you please walk us through what to expect at a? >> thank you, mr. chairman. good morning to you and good morning commissioners. first you consider a report and order and further notice of proposed rulemaking that would leverage advancements in technology to improve wireless emergency alert content delivery and testing while seeking, on further measures to ensure effective alerts.

second, you will consider a report and order that extends to broadcast licensees the same streamline rules -- and procedures that common carrier wireless licensees to seek approval for foreign ownership with appropriate broadcast specific modifications. the item also establishes a framework for publicly traded common carrier or broadcast licensees or controlling u.s. to ascertain its foreign ownership level. third, you will consider a notice of proposed rulemaking that proposes steps that the commission can take to promote the distribution of independent and diverse programming to consumers. please note item for has been deleted from today's agenda. regarding the items listed under

consent agenda into commissions september 2016 sunshine notice, items one to four have been removed and remained under consideration by the commission. item six and seven have been deleted from the agenda and were adopted by the commission. the commission has before it today consent agenda item number five. last, you consider six personnel actions consisting of the items listed under personal actions. this is your agenda for today. the first item will be presented at a public safety and homeland security bureau. it is entitled improving wireless emergency alerts, a minutes to part 11 of the commission's rules regarding emergency alert system and rear admiral david simpson, chief of the bureau will give the introduction. >> thank you, madam secretary. >> good morning.

today we present a report and order and further notice of proposed rulemaking that would improve wireless emergency alerts. since its launch in 2012 more than 21,000 wireless emergency alerts have been sent to warn wn americans from weather events, missing children, active shooters and bombing suspects to be other emergency situations. the service is a proven, valuable tool for keeping communities safe. it makes a difference. now we have the opportunity to leverage technological advancements and lessons learned to make the service and even more effective public safety tool. in recent events in new york city, the value of high quality of its was illustrated of september 19 i in the wake of a bombing in the chelsea neighborhood, emergency managers used it to publicly commit. nude city leaders have since indicated that the inclusion of a photo with such an art would be an even more effective tool.

we also played a critical role in natural disasters as was the case very recently in baton rouge were emergency managers used the service toward a predictive severe flooding. this event also illustrates the shortfalls in existing service as some residents not in the traditional floodplain assumes the broad area flooding was meant for those along the river and did not plan for the subsequent evacuation. alerts that are more geographically targeted are more likely to grab the public's attention and motivate them to take appropriate protective action. to change the votes in the eye before you were for the improved utility for commute and state emergency managers and enable to more usually dashed it would enable links to a map of hurricane evacuation routes, a distribution point a phone number shortcuts. able to expand available message content to increase the character limits. the geo- targeting improvements in the item will lead to best practice alert use insurance

that warnings are sent wherever possible, whenever possible to the intended audience with time sensitive information relevant to the current situation. lastly he would support amber alert intend to motivate the public to assist law enforcement and the search for missing child to put links to pictures of the child or the suspected abductor. taken together the changes would make it a more powerful lies saving tool and will improve engage of emergency managers with the communities they serve. with the today from the public safety and homeland security bureau our nicole mcguiness, associate bureau chief for cybersecurity, gregory cook and james wiley from a policy of licensing division. i would like to thank lisa at the bureaus and offices who contributed. we also appreciate the continued engagement by public safety and industry stakeholders including the national center for missing and exploited children as well as our sister agencies fema and no.

james will present the item. >> thank you, admiral simpson. morning. as admiral simpson explained this item if adopted would leverage technological advances to enhance a tool for us to a local to keep communities safe. the orthodox requirements to improve message content, delivery come training and outreach. with respect to message content we would increase the maximum message link from 90, three under 60 characters for future networks. we would significantly improve the quality of information that alert originates are able to transmit by requiring participating wireless carriers to support embedded urls and phone numbers in all messages including amber alerts within one year of the roles publication in the federal register. this would enable the public to view a photo or to place a call to authorities by simply clicking on a link in an alert. we would create a new other

classification for public safety messages come defined as a central public safety advisory to prescribe one or more actions likely to save lives or safeguard property. would also require carriers to support transmission of alerts initiated in spanish. the order would adopt rules to meet, for the delivery of alerts. specifically we would require purchase a wireless carriers to create and maintain alert logs that he must make available upon request. we would require carriers to improve over the delivery by geographically targeting alerts to any the best approximates the target is specified by originators and allow carriers to begin implementing the bi space at geo- targeting as soon as practicable to critically path forward for meeting and even more accurate geo- targeting standard. the order would adopt rules that would create a friend for emerging managers to test them exercise and raise public awareness about it does for committee proficiency in the use of wireless alerts. next in the further notice we

propose and seek an additional measure to improve effectiveness of wia. we would propose require that kind of capable device to preserve award for easy review until they expire. we would propose require carriers to deliver earthquake would lurch to the public into than three seconds. we would see, additional steps we can take to optimize wia as a means of community with the public during disaster relief efforts including by using wia key to the provision outsourced to community feedback. we would seek to incorporate future technical advancements to improve wia, specifically proposed to require support for certain multimedia content in public safety messages and proposed to require carriers to geo- target over to areas that match by the approximate target areas specified by originates. we would see, always to deepen wia's support in multiple languages and on whether and how 5g networks could enhance wia.

finally, we would take steps to promote the development of consumer education tools and proposed to facilitate and for stay a local emergency management agencies use of wia by requiring carriers to annual report on critical performance metrics. up your records adoption of the item this editorial privileges. >> thank you very much, james. and to all of you for all the work that has gone into this. commissioner clyburn? >> thank you, mr. chairman. it is in our darkest hours that we unfortunately are most reminded of the importance of robust reliable connectivity. in the wake of the recent bombing in manhattan as you heard, the wireless emergency alert system invested millions of new yorkers to be the eyes and ears of law enforcement. thanks in large part to this viable tool, the suspect was swiftly captured. this first of its kind message

is an example of the ways of the innovative ways wea can be utilized to help save lives. today's item enhances wea's effectiveness in utah by dr. roscoe brown message content, delivery and testing. notably, we increase the maximum alert message link from 90, 360 characters for 4g, lte and future networks to enable our originators were clearly communicate with their communities. we also require participating mobile providers to support embedded references and all alerts as contemplated in the underlying nprm. indeed, as a recent incident in new york and new jersey underscore, providing emergency managers with the building to correcdirect their communities a comprehensive and authoritative resource in emergency situation is a must. equally important is ensuring that alerts are delivered to the

intended audience to support this goal, we require participating wireless providers to mirror their geotargeting of alert messages to locations that best approximates the area specified by the originator and we affirm our commitment to ensuring that we expect wea messages are received by those for whom their relevant. the further notice officers have questioned the technical considerations that must be resolved before we get there, but we are unwavering in our goals to reduce over a learning and improve wea effectiveness in disregard. in addition to further notice seeks comment on a number of important issues such as expanding the language capabilities of wea beyond english and spanish, providing the public more choice, and the types of alert, alerts received as well as the manner and timing of the alerts. and ensuring that enhanced wea

capabilities are considered and factored into the 5g development process. the importance of this lifesaving tool cannot be overstated, and i encourage all stakeholders to consider to participate in the ongoing dialogue as technological improvements are made to mobile networks. we have a lot to be proud of today, more work remains, in times of the essence. how appropriate it is, mr. chairman, that we are releasing this item during national preparedness month. because us another opportunity to thank the nations emergency professionals are all that you do keep us safe from including those who came to the rescue during yesterday's tragic shooting incident at allendale elementary in my home state of south carolina. i would also like to thank pat mo davis for his leadership and the staff of the public safety and homeland security bureau for their dedication and tireless

efforts on behalf of of the american people. >> thank you, commissioner. commissioner rosenworcel? >> thank you. as you just heard my colleagues say, september is national preparedness month. it was also in september 4 years ago, more years than i care to count, having moved to an apartment in new york. it was small and unlovely. it was also within easy walking distance of the neighborhood where a bomb exploded earlier this month. what i learned from my time in new york is that its residents may shuffle down the sidewalk in an anonymous supporter, but when crisis ensues, they rally. they love their city. on september 19 when mobile phones blighted with the piercing sound of a wireless emergency alert, urging them to look for a bombing suspect, they took note.

he was located a few hours later, and last week he was charged by federal and state prosecutors. the question now is how we can make alerts like this better. that's not just a question for new york. it's a question for all of us. our wireless devices are in our palms, our pockets, our purses. they are with us always. so let's recognize them for what they are, a formidable tool for public safety. congress thought it very clearly when it created the wireless alert and response network act, 10 years ago. but the engineering and approach behind this emergency alert system is dated. and felt its power has been demonstrated in new york and elsewhere, so has its limitations. we tackle some of those limitations today. we update and modernize key elements of the wireless emergency alert system. in particular we've increased

the length of alerts from 90, to 360 characters. this will allow them to include embedded references, including telephone numbers in addition we better target the geographic delivery of messages. we also expand testing opportunities for state and local public safety authorities. but by no means should we stop here. because the episode never old neighborhood did more than burned and damaged buildings. it demonstrated that going forward we can do more with these messages. vague directives and text about where to find more information about a suspect, just as we saw in new york, are not good enough. as we move into the 5g future, we need to ensure that multimedia is available in all of our alert messages. because as a new yorker, senator schumer has said when it comes to a terrorist or other very

dangerous criminal on the run, a picture is not only worth a thousand words, it could save a thousand lives is the right person sees it. amen. let's make this happen. >> thank you very much, commissioner. commissioner pai? >> thank you, mr. chairman. before i discuss this plan had a chance to make a statement about some news today that the public and folks in this room most likely just learned about, and so i want to take this opportunity to say abbey national coffee day. as you can see i am observing the occasion by the leader, and i hope you will, too. okay, the wireless emergency alert or wea system as a simple purpose. kiss in public safety information to americans on their mobile devices during emergencies. wea's implementation has been a little more complicated. last year i know the importance of allowing public safety officials to target wireless alerts to more specific

geographic locations. that's because of a phenomena sometimes referred to as over a burden. this happened and this happened to me when you get an alert that has no real connection to your location. instead the alert is about a store or some other event in a nearby neighborhood or even distant community. receiving a relevant message isn't just an annoyance. it undermines the thickness of the entire wea system by causing people to tune out all alerts. disasters public safety consequence if we've seen over the past weeks and months. for example, as lucien was drenched by catastrophic floods this august, officials use of wea to send out at least six flash flood alerts. but as our communication and security and reliability and interoperability council found, they were unintended -- unheated by 10,000 people. they don't messages because it

proves received a flood alerts that only applied to homes within a traditional flood zone. and according to them, this number of people assumed the alert was not for them. since their own had never flooded before. in the end over 30,000 people had to be rescued. the need for enhanced geotargeting is brought home again listen to be seated during the bombings in new york and new jersey mentioned by my colleagues previously. public safety officials activated the wea system three times in response to the bombing in manhattan on september 17. when they found a suspicious package in the chelsea neighborhood be tempted to send target dollars to residents in the vicinity directing him to stay away from the windows. those messages were broadcast far beyond that neighborhood. to ensure the kind of snap in future, new york city public safety officials have argue urge fcc to adopt a device assisted approach. this approach would help ensure that messages are delivered on

to areas where the relevant. but the problem with overalerting is limited to cases which many people are receiving messages. the opposite is also true. citizens and public safety officials alike are opting out of the system altogether. for instance, the city of cialis is a quote doesn't use than five because of over our burden. the city houston since it has shied away from using wea because of the high likelihood of overalerting. harris county, texas, reported chose not to wea during recent disasters solely due to significant concerns over the granularity of alerts. millions of people who live in these communities could miss out on potentially life-saving information because wea's current brushstroke is too broad. that's why the public safety community has said enabling more alerting is the single most important action the fcc can take to make wea relevant for first responders. after studying the record and

speaking with officials including those in new york city, i agreed that we need to do more than simply codify the status quo. so i proposed to my colleagues that we be more forward leaning, and we commit in this order to moving ahead with a device-based approach to geotargeting. by enabling devices to screen emergency messages and to allow the relevant once through, this approach would allow public safety officials to target information to specific geographic areas. and with advanced wea as a platform of reducing alert fatigue. i'm happy to report this order incorporates this approach. in addition to adopting other enhancements to our geotargeting girls. moreover, further notice now seeks additional comments on ways we can implement our commitment to device assisted geotargeting. taking a step back, these are major steps toward promoting the public safety solution as advanced as wireless services themselves. and so because today's order

loses in the right direction, it has my support. thanks to the staff of the public safety bureau and others, commission, for the hard work on this item, and thank you, mr. chairman. >> thank you, commissioner. commissioner o'rielly? >> wireless alerts on one of the many tools to provide americans with information during emergencies from tornadoes to amber alerts to terrorist attacks, these alerts can provide beneficial warnings that there is danger ahead or to look out for missing child. for this reason i can surely support such ideas as 360 character overcoming a category of public safety messages, and narrower geographic targeting as a means to improve the wireless emergency alert system. i appreciate that a certain number of my comically elimination of the legacy timeline on 360 character alerts, and reduction in the message log retention mandates with corporate in the text. at the same time as we make changes to the functionality of wea is necessary to encourage

participation by winning the birthplace of industry and recipients by ensuring that the system is reliable so that consumers receive necessary information but not a by overalerting. i believe portions of this item failed to strike such a balance and this is where my ideas and views differ from my colleagues. first i cannot support requiring participating wireless providers to add functions that are not based on what can reasonably be achieved with existing technology and realistic timelines. today's order requires certain components to be completed within 30 months, and others to you. for people and other cities timelines are sufficient, these solutions would be to go through standard process, device and network developing, testing and be deployed in the marketplace. that's not likely to happen within these tight timelines. we've seen this approach a multiple occasions in the public safety context such as location accuracy where the political pressures and headlines take precedent over technological feasibility.

big announcements lead to big expectations which result in multiple waivers because as technology lags behind the hi. over promising and under delivering the site improve public safety. we also need to consider standards bodies have their hands full right now preparing for next generation technology. i wouldn't want to see 5g deployment stock on the sidelines or to incorporate not ready wea solutions into development of 5g networks and devices. that's exactly what is being contemplated by provisions in this further notice. this trend also permits the further notice were we proposed earthquake alert prioritization and deliver within three minutes. which the system is not currently designed to do, which may not be feasible. to top it off the i even acknowledge his many urgency management agencies do not have the capability to send such messages.

second, we seem completely oblivious to the unintended consequences of unproven technologies. the requirement includes embedded references such as urls as they beware what you wish for situation the the availability of these links they seem useful, affected individuals been able to use them because encouraging internet use and phone calls at those exact moments could lead to additional network congestion at a time of already beyond capacity during an emergency. is historically contrary to the comments from network operators of technical experts such as allies for telecommunications industry standards in the record. further, the pilot program initiated in item is more than trouble. take for example, the fact that you are such a trouble conclude and the requirement to go into effect you for the standards are likely finalize. how to set allows to determine if network congestion is an issue arcs instead of getting answers we are ignoring the warnings of network coverage and

experts. this item doubles down, such as photo images and maps into public safety message wea alerts. this issue needs to be considered but through further consideration needs to be given along with real testing beyond the voluntary prototyping envision in your to the network effects of such messages before we force provided to accommodate additional data intensive messaging. third, we must ensure that wea is only used when appropriate, otherwise there's increased risk that consumers will opt out of these alerts. by colleagues explaining the bombing in new york is alleged of about the system works and can be improved. but i figure that was issued to be in the look out for the suspect, the articles and social media those about how frightened and annoyed some recipients were. if some people found his tone of countless cell phone alerts going off in subways offputting in that context, imagine if the

message received was a public service announcement informing you of the benefits of wea. on that point i strongly oppose the use of emergency alert systems, the signals, for the purposes of psas. lastly, for the notice adds a host of questionable idea such as requiring a uniform format for under blogging, standardized opt out menus for consumers, and extensive data collection and annual reporting requirements which will add unnecessary costs for wireless providers with little benefit to consumers. in addition dennis or point-of-sale disclosures are burdensome and could mislead consumers because your experience can change depending on your geographic area, what network you are on, and whether there is congestion. why prove a good portion i must dissent for those reasons. thank you. >> we began this proceeding last november. for a simple reason.

and that is that when technology gives us the opportunity to save lives, to increase public safety, shame on us if we don't seize on that opportunity. as my colleagues have said, we note of the importance of wireless emergency alerts from the headlines, whether they be in the bayou of louisiana or the canyons of new york. and in those experiences we have learned how the alerts can be made better, from including links to further information, including photos, and more precise geographic targeting, to

expanding the length of the message and the languages in which it is offered. a couple of weeks ago i guess is less than a couple of weeks ago. it was probably last week, nypd chief james o'neill wrote us a letter in which he talked about the importance of these alerts, and said, quote, lives are truly on the line. we all know how mobile technology has changed our lives, generally. with this action today, we are now doing even more to allow mobile technology to save lives. so i will call for the vote.

all those in favor say aye. opposed? the ayes have it. the item is adopted. the request for editorial privileges is granted with the objection noted. madam secretary? >> mr. chairman, and commissioners, the next item on your agenda today will be presented by the international bureau in the media bureau. anderson titled review of for osha policies for broadcast, common carrier and aeronautical radio licensees under section 310. >> good morning, everybody. whenever you're ready.

>> good morning chairman. of the commission. the report an in order to which they would extend to broadcast licensees the same streamline foreign ownership approval process the commission applies now to common carrier wireless licensees with appropriate broadcast specific modifications. the standardized approval process under section 310 of the commissions act will provide rock acid with a clear path. in addition this report and order would reform the methodology that a publicly traded broadcast or common carrier licensee uses to ascertain its foreign ownership levels. this new methodology would eliminate the need for surveys are random samples of shareholders which are impractical for public companies in today's marketplace. and media bureau and international bureau collaborated with invaluable

assistance from the office of general counsel in the wireless telecommunications bureau. the national bureau has worked closely with the media bureau on foreign ownership issues for nearly two decades and to join us at the table today. to my right is built like, along with been pardone arden and chre that. to my left are the iconic susan o'connell, tim cook and gabrielle. from international bureau. in addition i would like to recognize from the media bureau david roberts, lisa scanlon and beth johnson. and sitting behind me we have our team from, we have deputy chief of the bureau troy tanner, quay county, denise and francis. i would also like to thank bill richardson from the office of general counsel, linda and kathy. a final note of thanks to diane who champion this item which is in the chairman's office, and now holly have started, she

started readin doing this item e was in the media bureau and now just as her first international bureau item in front of the chairman's office. gabrielle will present this item. she's one of our star honors attorneys and this is her first commission presentation. >> good morning, mr. chairman, commissioners. as noted the report and order before you extend streamline foreign ownership rules and procedures to broadcast licensees. also reforms methodology but public trade commentary licensees and controlling u.s. parent companies needs to ascertain compliance of the foreign -- [inaudible] the item discusses the procedures for the -- [inaudible] a broadcast licensee to request approval for up to and including 100% ownership of its controlling u.s. parent your a broadcast licensing also request

approval for a proposed controlling foreign investors to increase its equity in voting interest in the u.s. parent up to and including 100% at some future time. and 44 and osha to increase its interest in the u.s. parent up to and including a noncontrolling 49.99% interest at some future time without requiring a new ruling. broadcast licensees including any covered affiliates or subsidiaries at fort ownership rulings may upload those rulings to after a quite broadcast licenses regardless of the broadcast service of the geographic area served by the stations. broadcast licensees with a specific approval only for foreign individuals or entities with greater than 5% ownership interest or in some cases an interest greater than 10% in the licensees of u.s. parent. the item recognizes that in some instances it is appropriate to apply existing broadcast

requirements to minimize disruption to broadcasters. for example, broadcasters which is broadcast attribution criteria to determine u.s. and foreign interest that must be disclosed in which is the broadcast installation criteria to determine whether a particular for investor requires specific approval. next, the item before, a publicly traded broadcast or common carrier licensee or a controlling u.s. parent you suggesting its compliance with a 20% foreign ownership limit under section 310, at a 25% foreign ownership benchmark. the new methodology relies on information that is known for recently should be known to the company in the ordinary course of business. the methodology requires public of is to exercise due diligence in identifying and determining the citizenship of their known or recently should be no interest holders. it specifies the information public companies can rely on for

purposes of complying with section 310. significantly it eliminates the need to conduct surveys or random sampling schedules public company shares or upon presumptions about the citizenship of unknown shareholders. but also provides licensees of greater certainty and reduces burdens and determining aggregate levels of foreign ownership. and allow such companies to focus their efforts and resources on identifying and determining the citizenship of those shareholders that may present a realistic potential to influence or control the company. rather than on small unknown shareholders that lack such potential. the international bureau and media bureau recommend option of deciding it was editor of privileges. thank you. >> thank you very much. and nice job. commissioner clyburn? >> thank you. as an owner of a small weekly outlet, former owner, don't want to get -- [laughter] spent there are a lot of rumors floating around today. i know all to well the imports

of adequate capital naval operations an can support new ad innovative service offerings and provide value to customers. today's border recognizes these benefits like standing in large part to the broadcast industry the streamlined rules and the modified procedures the commission adopted three years ago for foreign ownership we choose of common carrier licenses. we address head-on the complexities and difficulties faced by publicly traded broadcast companies when attempting to ascertain the extent of foreign ownership. we provide a more efficient approach is, offer greater transparency and predictability, and enhanced access to capital opportunities for broadcasters while reducing regulatory burdens and costs. the leadership instead of the international bureau and media bureau are to be commended, because this order is a praiseworthy sample about the commission unleashes

opportunities by harmonizing and streamlining rules to facilitate capital investment as we protect important policy goals. thank you, mr. chairman. great job, gabrielle. i look forward to the vote. >> and thank you. commissioner rosenworcel? >> broadcasting has a storied history. for decades it has been where return for local news and entertainment in communities all across the country. but change is in the air. spectrum used by broadcast stations is now in demand by other services. a new broadcast standards is in the works. in the media platform are multiplying. to ensure the future of broadcasting is bright, investment is key. but the laws that govern broadcast investment can get in the way. that's because they have a distinctly vintage quality. in fact, by and large they were put in place to prevent foreign powers from disrupting ship to

shore communications during warfare. but just as horses and bayonets are not the tools of modern warfare, the cyber threats we face today are not especially well guarded by these prohibitions. moreover, these policies can create artificial constraints that make it tough for broadcasters to access funding on a global scale. this is not right and it's not fair. so today we update our policies extending to broadcast licensees the same streamlined rules and procedures applicable to common carrier licenses under the law. we clarify our rules on foreign investment across the board your and also improve our method for counting foreign ownership in both common carriers and broadcasters. these actions remove barriers for investments and provide clarity for broadcasters seeking support for new technologies and new ways to reach the

communities they serve. this effort has my full support spent thank you commission. commissioner pai? >> four years ago i called for the fcc to relax its restrictions on foreign investments in the broadcast industry. appetite i said this could give broadcasters greater access to capital. i noted the commission's rules with respect to foreign investments did not make sense in today's marketplace. for example, our approach allowed a foreign company to own a majority interest in one of our nation's nationwide wireless carriers. but it did not allow that same company to own a single a.m. rig a station in kansas. in 2013 the commission took action. we ended our de facto ban on any foreign investment in u.s. broadcast holding companies exceeding 25%. that was a step in the right direction and i was pleased to support it. but also notably slow to develop additional procedures for applicants seeking to take advantage of the commission's policy change.

in this order the commission does just about. we decide to streamlined procedures that apply to afford investment and broadcasters, and the same streamlined procedures have worked well in the commentary context. i'm confident they work as well in the broadcast context. it will make it easier for broadcasters to access capital while at the same time ensuring any foreign ownership above the 25% benchmark set forth in section 310 does not cover much our national security or any other public interest. ..

the shares that are held by an institution or an individual on behalf of someone else. this makes it very difficult for companies to figure out the identity let alone the citizenship of many of their shareholders. that was a particular problem given the presumption that any unknown shareholders are non-us citizens. thankfully, the commission ends that presumption today. our new methodology features only on ownership information that should be known to a company. this reform makes sense because these are the ownership interest that could actually influence the company's operations. furthermore this reform will eliminate the need for companies to conduct costly and often unreliable surveys of individual shareholders. i'm therefore therefore optimistic that it will reduce the regulatory burdens placed on companies and make it easier to comply with our rules.

at the end of the dave commission's rules in this areas need to strike a balance. one hand we should promote investment of the united states and make it easier for communication companies to access capital. on the other, we must ensure that any foreign investment in this sector of our economy is in the public interest because this generally strikes the right balance, i am pleased to support it. i like to thank the staff of the international bureau and the media bureau for their hard work and my old law school classmate kim cook for her hard work. also to commissioner o'reilly of a more modernized framework in this area. thank you. >> thank you commissioner. >> thank you, mr. chairman, i have often spoken of the need for both foreign investment opportunities for broadcasters into further streamlined reviews under section 310b of the medications ask. quite simply, today's order is a helpful step as it changes are likely to produce significant

benefits without jeopardizing national security. by allowing broadcasters to follow the streamlined process available to common carrier we facilitate new avenues of capital that helps nations compete in today's highly competitive video marketplace. we also modify the methodology that they use to assess compliance with the statute. the old method of determining ownership levels was practically impossible and not cost-effective to implement for publicly traded companies in today's fast-paced global market. further, by focusing primarily on those shareholders with more than 5% interest which are reported in certain sc filings, and the burden on licensees will be greatly reduced while retaining the ability for companies with significant foreign ownership held by entities that are more likely to be able to observe influence over a company. there are some things however that i would like to have done

differently. for instance i hoped the item would raise the overall threshold. raising this level which triggers the time-consuming review process would reduce costs on industry participants. align the u.s. with nations that permit higher levels on foreign investment and reduce the effort of other countries to restrict investment based on our own ownership restrictions. we do not do this today, i am very pleased that the items state that we may pursue such measures in the future. in that regard, the commission must finish its proceeding to truly streamline its ownership review. we can take all the steps we want but if telecom can hold up applications for years in regulatory abyss, all of the improvements that we do today are of little value. they fail to identify the concerns, hiding behind opec structures and delaying or refusing to conclude a review has been problematic. the docket is near the university filled with filings indicating that drastic improvements are needed and it needs to be resolved in the very near term.

i want to thank the chairman for incorporating and i can't think enough for all of their work on this important item. thank you very much. >> thank you very much commissioner. i would like to add to that, i can't think -- thank enough, i think that is a true and a well put statement to all of you who have worked so hard. for the record i won't read it into the record, but i do want to say thank you to all of you and to commissioner o'reilly for his leadership on this issue. we will go to the vote. all those in favor say i. opposed? the eyes have it. the objection has been noted. thank you to all of you. >> mr. chairman, commissioner, the third item on your agenda will be presented by the media

bureau and is entitled promoting the availability of diverse and independent video programming. the late chief of the video bureau will give the introduction. >> i didn't even have to move. just sit there in the whole world comes to. >> i do have different reinforcements this time. >> okay, the floors your. >> good morning mr. chairman and commissioners. the media bureau presents a notice of proposed rulemaking that seeks to foster consumer choice and access to diverse programming in television. the video marketplace as experienced tremendous innovation in recent years. it has transforming the ways that consumers access and watch programming. at the same time however,

independent programmers continue to face challenges in gaining carriage for their content. that in turn limits consumer choice. the rulemaking we initiate today seeks to address these barriers by proposing to ban certain practices that could impede competition, diversity and innovation in the video marketplace. joining me at the table are martha heller cliché myers and others of the media policy division. she will present the item. >> mr. chairman and commissioner , good morning. we are pleased to present this notice of proposed rulemaking that seeks to address certain practices in the video programming industry that may hamper the growth of programming and distribution platforms. they propose to prohibit the use of unconditional and

unreasonable distribution methods carriage agreeen eny-tvd indeen once conditional, the provision will allow them to obtain better contract terms that a programmer has offered to another distributor they unduly restrict or prevent independent programmers from entering into carriage agreements with online video distributors. by reducing the ability of independent programmers to experiment with special carriage terms and license their content on new or emerging platforms, these stifle the availability of diverse programming, new entry into the distribution marketplace and the development of innovative services. the and prm also seeks comment

on authority to adopt these rules under the medications ask. that once them to establish agreements and related practices between those and programming vendors. in addition we seek input on bundling practices including how bundling impacts consumer cost, choice and access to the programming. finally we seek comment on other rules we should consider in this proceeding as a means to foster independent programming. the proposed rules would serve section 616 in the public interest by giving consumers more choice in the sources and variety of their video programming. also greater flexibility in the manner of accessing program content. the media bureau recommends that the commission adopts this proposal and request an odd

thank you. >> it's appropriate that you are the first comment are here since you have been leading the charge on this. >> thank you, mr. chairman. >> you've been dropped. i wasn't speaking to you this time these are three of the most paralyzing words a smaller independent programmer could ever hear. they render the content provider powerless and frustrated. as for the consumer, with little or no warning, they suddenly discover that a favorite network or show has been removed from their channel lineup leaving them with little or no alternative means for assessing nich content. which some may call nich program is that customers preferred preferred viewings. strong readings, rave reviews, neither of these seem to matter. their favorite station is now missing from the lineup because the cruel reality is that independent programmers live by a different of rules. some understandable, others quite perplexing.

just last month, as part of my office to her, i visited one such programmer in a small town in south carolina which is an unincorporated community south of charlotte. there i toured the facilities and met with the leadership of insp, a family focused content provider which reaches more than 80 million u.s. households. inspiration network, like countless other independent programmers i have haut heard from faces a number of significant challenges that make it difficult to compete on a level playing field. they will be the first to admit that comparatively speaking, they are quite fortunate. it's because they and dozens of others who are not as fortunate that i urged seven months ago for the adoption of a notice of inquiry that enabled the commission to embark on a fact-finding mission on the

current state of program diversity, consumer choice and the evolving video marketplace. what did we learn from this exercise? after combing through more than 36000 filings and reviewing the transcripts of two public workshops, several things emerged. most notably, independent programmers from all ends of the ideological spectrum told us they readily must accept clauses in their carriage agreement including most favored nation and alternative distribution methods that inhibit their ability to grow and innovate. i must admit when we launched this in february, i was was unsure what path if any we would tread. i knew there were significant problems facing independent programmers but i was always aware that tackling these issues head-on would require a robust docket and clear legal authority

building on the expense of record in the authority granted under section 616 of the medications act, the npr, and we consider today appropriately targets to troubling practices, unconditional and unreasonable adm. for those outside the community, imagine an independent contributor seeking to grow seeks to agree to accept the lower right rate. subscriber in exchange for better placement. in negotiating with another distributor you are told that because of your previous deal with the other entity, they will not take your discount, they will not only take your discounted rate but they will put your channel in a tear with just a quarter of the subscribers you thought you were negotiating for. just how fair does that sound?

similarly, what if you were told that to strike a carriage deal with the pay-tv provider you must agree to a clause that will ever prevent you from striking similar agreement with online video distributors of what we call. [inaudible] these very real situations are what independent programmers face each and every day. do not take my word here when it comes to the nature of these practices. look at what the department of justice said in its review of the cable deal earlier this year they stated that adm and other contractual provisions have the effect of making them less competitive. as a result of the determination, the department of justice impose conditions on new charter that prohibits the

company from entering into or enforcing adm with programmers as well as msn if they are inconsistent with this underlying prohibition. i am also pleased that this npr and asks about potential recourse when customers find that their favorite programming network has been dropped from the chain channel lineup. for many consumers were locked into a multiyear contract, the prospect of finding another tv provider that carries their favorite channel, if one even exist, means paying stiff cancellation penalties. we also ask a series of question about practices such as bundling that may prevent independent programmers from gaining carriage. for a new entrance, some who are even willing to initially offer free carriage, this can be challenging. it is also challenging to get

your telephone call returned. in sum, i respectfully ask this body, are we satisfied with a few large conglomerates dominating the pay-tv channel lineup? do we believe that independent and diverse forces have a place in a vibrant media landscape? do these voices play a role in a strong democracy? the adoption of today's npr m ensure that these questions and more are dressed and for that i sincerely think the chairman for his support of this fact-finding exercise, the media staff for diving into the complex issues surrounding carriage agreements and producing this npr end. of course i must think my advisor david roseman for his keen attention to detail. thank you. >> thank you commissioner.

i think will probably shortly find the answers to those questions you pose. >> so much content, so many ways to watch, so few hours in the day. this is what viewing now feels like for me and probably a lot of other people to. we have a dizzying array of channels, we have programming available anytime, anywhere and on any screen. new platforms are multiplying at a rapid clip, keeping up with the show, season, a #, it's exhausting. how all kinds of content is now available to exhaust and excite us, for those who created, breaking through and being seen as hard. cutting through the crowd often requires securing space space on the channel lineup of cable and satellite systems. although there are new ways to watch, these platforms still

dominate viewing. as a result they remain an important part of building an audience and building an audience in turn is essential for new investment. it provides the opportunity to create more and diverse content. today's notice of proposed rulemaking takes a hard look at the situation. it asks about carriage agreements programmers find to get on cable and satellite systems, in particular, it seeks comment on the operation of certain clauses in those agreements known as unconditional most favored nation provisions and alternative distribution method provisions. in practice, these clauses can make it tough for new and independent programming to get on the channel light lineup of this cable and satellite systems and it can make it tough for them to even show their programming online. we do need to address these difficulties and seek ideas for

ways to give new and diverse programming a fair shot at being seen. i look forward to the record that develops and think my colleague for encouraging us to get this dialogue going. >> thank you commissioner, commissioner pi. >> as a citizen, i believe our medium should ideally reflect the diversity of the country in which we live. when it comes to the video marketplace, we have made a lot of progress in the last decade. there are now more outlets through which creators of video content can distribute their programming than ever before. over the top, video has been a game changer. has given diverse voices a new way to be heard and given americans access to novel contents they might not previously have seen. on the notice of inquiry, i discussed the second episode of master of none, neck flicks series starring the shows

cocreator and writer. that was focused on the relationship of agents who came to this country in the 1960s and 70s and their american-born children. as american-born son of immigrants myself, that episode really hit home with me. it told a story that i had had really never seen before on american television. evidently that episode impacted a lot of other people as well. earlier this month that won the emmy for outstanding writing for a comedy series. i'm sure that most of the emmy voters weren't the children of asian immigrants which just goes to show that a compelling story has universal appeal. given my support for greater diversity in the video marketplace, i had hoped that i would be able to support this rulemaking. indeed it used to be the case that almost all fcc votes on notices were meant to represent the beginning of the rulemaking process, not its end. the purpose was to identify all pertinent issues and ask the right questions so that the

commission would be able to make a decision about whether to move forward with new rules and if so what those new rules should be on the basis of complete factual record. for this reason commissioners were generally able to add questions to draft notices. even if commissioners were ultimately likely to disagree on how issues should be resolved, the norm here used to be if there's nothing wrong with asking the question. unfortunately, those days are long gone. too often notices are now one-sided documents that leave little doubt that the commission has already made up its mind on the issues about which it is purporting to seek the public's interest. they suggest the comments is nearly an administrative hoop through which the commission must jump rather than a critical component in shaping the fcc's decision-making. questions that could generate

act answers suggesting flaws are excluded entirely from the document. effort to bring balance by describing arguments in a fairway are rejected. i was disappointed when the drafts of this notice that i received three weeks ago reflected that approach. so as a result i suggested a number of reports to make it less slanted to not block the intended direction. i proposed a number of questions to ensure that all aspects of the issues raised in the document were explored. it is especially critical to make one other point. had my ideas been accepted, there still would have been adequate notice for adopting the rules that this notice is most vocal proponents favor. the vast majority of my edits and suggestions were rejected. in critical respects this is an order masquerading as a notice. this is a notice littered with statements indicating to the commission has already decided

many of the most important issues about which we are seeking comment. this is a notice that doesn't include many questions that could yield answers they might find inconvenient and this is a notice that i cannot support. in particular i would like to briefly discuss two of my most serious concerns. first, i'm not convinced that the fcc has the legal authority to adopt the proposal in this notice. the notice contends in section 616 a that it gives the agency general rulemaking authority over programming contracts. in particular, the commission points to that part of the visit revision that reads the commission shall establish regulations governing the program carriage agreements and related practices between cable operators or others and video programming vendors.

it goes on to specify the things that those regulations should include, contain or provide, six specific things. the commission claims that these regulations promulgated may not be limited to those six things and may include others such as prohibiting certain times of types of adm provisions, but i have my doubts. to begin with, the almost quarter-century since it wasn't acted, the commission has never issued regulations under this provision that go beyond the six requirements specified. they've only implemented the specific terms set forth in section 61681 through six. moreover, if it does give the commission general rulemaking authority over program agreements, what are the limits on that authority? no one within the agency or without has answered this question.

the notice of interpretation since simply gives them carte blanche to regulate contracts. i've seen no evidence that congress intended to give the fcc such limitless authority. i'm also concerned that such an interpretation of 616 a1 could give rise to serious constitutional difficulties. under the nondelegation doctrine, congress must provide agencies with the principle upon which to base its regulation. under the portion of 616 a, the commission believes it provides general rulemaking authorities, what is an intelligible principle? there is none. additionally the notice fails to ask about the significance, if any of the contrast between the structure of 616 a and that of 628 see. in the latter latter section, congress directed them to establish regulations to prohibit cable operators and others from engaging in unfair methods of competition, or unfair or deceptive acts. the purpose is to hinder

significantly or prevent any from providing satellite cable programming or satellite broadcast programming to consumers. then in section 6282, they specified for different types of regulation that the commission must adopt. this provision however is entitled minimum content of regulation. that signals that congress didn't intend for the fcc rulemaking of power to be captained by the particular regulations discussed in section 628c2. consequently, congress and title vi of the indication asked clearly knew how to indicate a regulatory mandate and establish for the commission's authority rather than a ceiling. moreover 626c contains a principle that can be used to guide a general grant of

rulemaking authority. section 616 a by contrast doesn't appear to include such principle. shouldn't all these differences impact the interpretation of 616 a? the second major concern is that i'm worried that the proposal set forth could have unintended consequences. in my meetings with independent programmers, and there there have been many of them, i have heard there concerns about how unconditional provisions are impacting their businesses. i have sympathy for their perspective, particularly with respect to unconditional msn's. we need to consider fully the potential results of commission action here. remember, they render render no legal obligation to carry any particular programs in the first place. we have to consider whether banning conditional msm's and adm's would make it less likely that independent programmers would be able to secure carriage at all.

would banning such contract terms make it more likely that those independent programmers already being carried would be dropped? or would prohibiting such provisions make it more likely to the large that insist on exclusive deals with independent programmers thus limiting their reach. in short, with the commission's proposals make it easier or harder for independent programmers to gain distribution. unfortunately, as evidence from the notice of the commission, they have already fixed upon the answer before the record has even been compiled. one last point. i voted against the charter time warner cable because i was concerned that numerous conditions imposed upon that transaction would, over time, be transformed into industrywide rules. when i when i took that stan, i heard from many who insisted this wouldn't be the case. less than five months after that , here we are, the fcc is already proposing in this notice

to impose on an industrywide basis restrictions on programming agreements agreed to by the justice department and a single company during a single merger proceeding. even before the use of the time warner cable name has been completely phased out we see the commission's first effort to demand of the entire industry a regulatory tribute exacted from charter. mark my words, it won't be the last. i read respectfully dissent. >> thank you, mr. chairman this takes up the cause of independent programmers who want all the benefits while also speaking to prohibit certain distributor limits and acquire the ability to completely bypass their cable agreement to self distribute. i understand why independent programmers would want this. it just doesn't seem to be the role of the government to further it.

in the end, i suspect the effort will not be as fruitful as anticipated as independent programmers will face more difficulty getting underlining carriage thereby reducing their viability and longevity. that means there will be fewer first programming sources, not more. they do seek to fill consumer interests, often without diversify financial backing. in today's media marketplace, it's it's difficult to generate such programming, survival world wind of changing technologies and make overall finances work. at the same time, distributors ought to take a chance to carry such independent programming. would it be easier and more lucrative to carry other change it channels? in exchange they look to justify their risk of carriage. with this item the commission seeks to jump in the middle of programmer distributor relationships and eliminate certain practices that the independent programmers have in the past, and continually

voluntarily except during private negotiations. to argue that these are not free negotiations because it's an unbalanced negotiating table ignores the fact that circumstances exist in so many other parts of our economy. for instance if you want your product to be carried by walmart, marriott or home depot, you have to deal with an unbalanced negotiating table. table. it's not illegal, inappropriate or worthy of government involvement. complicating this item is a simple fact that it's an extension of the conditions imposed on a charter communication and its acquisition of time warner and bright house. having been totally shut out of any involvement in the crafting of those conditions, i am now being told we must burden the entire industry with the same, at least charter got something in return for acquiescing to such market interference. some will argue that this item is merely an mp rm just asking question.

but the commission under this leadership has proven the sentiment totally laughable. we were told that they were to be very bag and sat there for quite a while before any action was even contemplated and yet here we are with the determined outcome and a march to completion. thank you, mr. chairman. >> the issue here are really quite simple. we had a notice of inquiry, we had a series of workshops in this room and those activities found discrimination against independent programmers. we've heard the term one-sided msn, most favorite nation kicked around up here. let's talk about what it means. it means give us the good stuff

that you got in other deals but we won't give you the terms that made such a transaction a fair deal. we've heard the term adm, alternative distribution methods restrictions thrown around up here. what does that mean? it means i'm a big cable system, if you want to get on, i must be able to dictate your use in other media. the statute requires to prevent

cable operators from engaging in conduct with unreasonably restraining unaffiliated video programmers. is there anything reasonable in those two examples i just gave? so, this notice proposes to ban both of these discriminatory practices. it is an npr m, like both, we say here is the nugget of what we are talking about that we are proposing, focus your attention on this and we also specifically asked the question about our legal authority. i look forward to input into making a decision based on that

record. again, i want to thank the commissioner for keeping us focused on these issues. with that i will call for the vote, all in favor say i. opposed? the i's have it. the request for editorial privileges is granted with the objection noted. madam secretary. >> mr. chairman and commissioners, as mentioned mentioned at the beginning of the meeting today, you will consider item five listed under the consent agenda proportion of the agenda. for your convenience we are providing you a copy of the notice. >> i will shortly call for votes on these personnel actions.

>> mr. chairman we are doing the consent agenda. we have one consent agenda item. >> sorry. >> item number five that we are going to do right now. >> all right, got it. we previously sought consent of all the commissioners for the inclusion of the items on the consent agenda. we removed from the proposed consent agenda any item for which we received an objection from any commissioner or which was voted. for the remaining consent agenda item listed on the sunshine notice we have received no objection from any commissioner. accordingly i will call for the vote on this consent agenda. if you are voting to adopt the consent agenda item please indicate by voting in favor. if you oppose please vote to oppose. with that all in favor of adopting the item listed on the consent agenda, please indicate by saying i.

opposed. so ordered. now, would you like to talk about the other end. i was just so anxious to move along here. >> okay now we will consider the personnel actions listed on the commission and we will consider each one of them. >> i will call for votes as i said before on these personnel actions. because they are personal actions, there will be no discussion of the items. if you are voting to accept these personnel action items, please indicate so by the voting in. if you oppose the adoption of these actions, please vote to oppose. madam secretary we please announce each of the items.

>> for personnel action number one. >> all in favor say i. opposed. the i's have it, so ordered. personnel action number two. that's you, and that's not me. >> there's no action number two. >> all those in favor say i. opposed. the i's have it. so ordered. >> for personnel action number three. >> all those in favor say i. all those opposed say no. the i's have it, so ordered. >> personnel action number four. >> all those in favor say i - all those opposed say no. the eyes have it, so ordered.

>> personnel action number five. >> all those in favor say i. all those opposed, say no. the i's have it. so ordered. >> personnel action number six. >> all those in favor say i. opposed say no. the i's have it. so ordered. >> completed. >> thank you very much madam secretary. were any of my colleagues like to make any announcement at this point in time? >> i would like to, if you would allow me to introduce three law clerks. if you'd stand up as i call you. megan is a catholic university, can columbus school of law. she is interned with us and you

might recognize her, in the competition bureau and was named the earl k more fellow last spring. megan enjoys thrift shopping and she started a digital media into bader in fort lauderdale for young men and women interested in fashion and blogging. i don't know if some of you had time to watch television this morning when they talk to shawn, he is making more money, he made he made more money from his fashion line then music so there is a bright future if you get a percentage of all those people that are subscribing to your service. i'm not promoting, i'm just dating a fact. next there is adriana who is at the columbus school of law, she graduated from the university of pittsburgh in 2015 and was originally from youngstown ohio. she is a pittsburgh penguin fan and loves to bake.

she will put her to work before the season is over. >> wait, we know the penguins. the she have any other sports teams that she follows? >> you can take that up later, and last but not least is casey rutherford from cincinnati ohio. she is another invasion from catholic university school of law. we know they rule the world here, right. she graduated from the university of tennessee in 2015 and she enjoys hiking, photography and being a tennessee volunteer fan. here is my class, so to speak of 2016 and i would like to welcome them. they are doing a fine job. >> that's great, you are are very fortunate to have two buckeyes on your team. >> we will start with julia, julie f you in mind standing up, she is a second-year law student at george mason, she grew up in

northern new jersey. she's a proud new jersey girl and is not best friends with nikki. she graduated from college where she majored in a minor in business and started a program to teach underprivileged kids. she has been talking trash in her fantasy football league and is keeping her to black else in martial arts up-to-date. she is the first intern in history to be on a first name basis with burning car due to her belief that stepbrothers is the greatest movie of all time. alex mcleod is a law student and grew up outside the bay area and graduated from sonoma state university with a degree in economics and political science. while at sonoma she worked as an ra, volunteered at a charter school for underprivileged youth and, became a wine and cheese aficionado.

she's a california sports fan and has always watch the golden state warriors even before they went to semi three and nine. also the a's in the raiders much to my chagrin. she also says she will be taking my spot in the fantasy football league next week, but i have my doubts. last but not least is kirk garner, he is a a law student at george mason and grew up in a small town in pennsylvania and is still a philadelphia eagles and phillies fan. prior to mason he graduated from university of pennsylvania majoring in philosophy, politics and economics. while at penn he was a member of the glee club, no relation to the tv show and he prefers washington to philadelphia but he longs to the day when they will still finally have the good sense to move southward. thanks to all three of our great folks for their work in the office and we are excited for

the semester,. >> thank you, mr. chairman. i want to mention a somber moment for me and a friend of mine inc. capitol hill, jim lyons on the senate committee, he had a charity basketball event last week and suffered a massive heart attack and this afternoon they will be turning off his life-support so i want to stand extend my opportunity to thank jim for getting to know him and i wanted to mention that while we may fight and disagree on policy matters, we certainly know what is important, what's really important with our friends and our family and thank you free time. >> here, here here. we too would like to welcome some new folks into the chairman's office. steven klein, where are you. okay, steven must be in class. he is a returning, he was in the

enforcement bureau this past summer, he is a third-year student at georgetown law school and a production editor for the law journal and a member of the student intellectual property law association. he received a bachelor of science in communications from the university of miami. timothy campbell, tim, are you here? >> this is great, is great, everybody from the chairman's office decides not to show up. >> they went to class. >> timothy is also a third-year student, attends american university, washington college of law and has a masters in american history and both have been with us for several weeks and i've already jumped in and we are glad they're both in class as well as working in the chairman's office. are there any other things that should come before us at this point and time? >> madam secretary, tell us

about our next date, please. >> the next meeting of the federal commission is thursday october 27, 2016. >> thank you very much. until then, we are adjourned,. [inaudible conversation] >> hi everyone, we will start with the press conference and then get your questions. >> thank you kim. obviously there was a great deal of interest in what the

commission did not have on the agenda, and so i want to address that at the top. it was simply a matter of running out of time. the item remains on circulation, remains in deliberation among the consumers. i trust that you have seen the joint statement that commissioners and i put out in the commitment in that statement so, let's talk about what we did today. since it was established in 2012, the wireless emergency alert system has been a tremendous success that has

literally saved lives, whether giving advance notice to people to seek shelter before an oncoming tornado or transmitting amber alerts that led to the safe return of missing children. while the system has worked, we know it can work better as evidenced by the recent experience in new york city where an alert identifying the alleged perpetrator had to say go to the media to see his picture. this on a device where you're always looking at pictures. the updated rules would enable the public to receive additional vital information lyla in wireless alerts. they would be able to send embedded links in all wireless emergency alert messages including amber alerts so the

public can quickly see a photo or call authorities. it will enable local authorities to send spanish language alerts while seeking comment on whether we should be thinking about that in other languages as well. participating carriers will now be required to deliver alerts to more specific geographic areas. as i said in my statement, nypd commissioner couldn't have said it better, lives are truly on the line. i agree and that's why i'm gratified that they have taken such swift action on this. without i'm happy to answer any questions. we will start at this and. >> can you be more specific about why you ran out of time,.

you do not have enough votes to get it approved mark. >> were going back and forth on edits and content. >> personal question, no. >> i'm just wondering, it seems like from the record that's developing, the real sticking point is this licensing thing, why not just drop that if at least three other commissioners don't want it and just get the thing done. >> that is a great question that i'm not going to negotiate with. >> do you believe you had a deal coming into the morning, why the last minute change? >> it is not unusual that commission items run up to the last minute. i can assure you that staff had been working late nights,

including last night commissioners were talking about the situation. the matter is, we simply ran out of time. >> i'm brian with the washington post, are you still planning to do something on bureau rating before the end of the year? >> so, as i've said all along, we are carefully examining what has been developing in zero rating. it's interesting interesting to see things do continually come on and old things continue to evolve. we are trying to make sure that we understand the dynamics of all of those. >> you been with us for a long time now, months, what are your thoughts after having. >> sometimes i get beat up by the fact that we've been taking too long, other other times were moving too fast, things move at the pace that is appropriate for

that and i think were doing a good job. >> on wireless emergency in alerts, you mentioned the issue that came up in new york. at the same time, after that incident there were concerns that this alert was used to put out the name of a suspect they were hunting for could lead to racial profiling and citizen vigilante. i'm wondering how you balance those concerns as you're working on this and how you plan to make sure that doesn't happen. >> we are a technology agency. we are not the agency that makes the decision of which alert. >> policy and regulation, david.

>> bipartisan lawmakers have written to the gao requesting a report and proposing an expansion to national security review. one of the proposals that they want considered is whether the fcc chairman should be added as a permanent number. i'm wondering if you have an opinion on that, would you support it or pose a. >> we will do whatever they tell us to do. >> you have an opinion. >> do you think this agency should make the decision. >> it appends who is participating and we will abide by whatever congress wants to decide. >> did you go into it and you

now have an end goal with some kind of action order or what is your intention more of an informational kind of study? >> it's hard to speculate on something that hasn't happened but zero rating is something that there has been continued evolution on the old programs and there have been some new things and were trying to make sure we understand everything that's going on. >> alisha green. >> lawmakers have suggested that you should issue proposed rulemaking for these items and open up comments. >> oh golly, beth is something that has had public comments and going on for a couple of years.

let's go back to the defect report and all of the comments filed in that, i don't think this is an issue where the public has not had an opportunity to express themselves or has not been hurt. >> i want i wanted to ask about the privacy rule should. are you in talks with the fcc about potentially streamlining those rules to go along with what they are ready have? >> as i think i said, at the hearing, although i didn't see the subsequent hearing, i think they also address the issue that yes, they have made a formal filing with us, that was a filing that was bipartisan and unanimous and we have been working with them and i think i

even, in my comment that the senate referenced how i had been in touch with them in the last 24 hours. >> i'm ask about the npr, but she took that from me. i wanted to ask you about reports that there was a revised item that was put out by your office on tuesday that there wasn't enough time to review and comment on that revised item. >> to be able to have the dialogue that is necessary, again, i reiterate what i've said in the outset that it's clear from the statement of three of us that we intend to

get something done. [inaudible] [inaudible] >> so the question becomes, let's see what develops in the record. we have proposed something and that opposer was targeted in order to elicit comments like this and let's see what the record develops and will make the decision based on that. >> there has been a lot of calls to release information on the plan beyond what was in the fact sheet. will you be issuing a longer fact sheet.

>> look, all that has happened here is that the delivery process that has been going on continues to go on. that's the only change. >> on one hand you state the discussed for the bill. [inaudible] >> we all have a statement this morning that says we want to do something. all three of us want to do something. we are down to making sure that we are people of good faith that want to do something. >> you've got a lot on your agenda to get done you have data

services, and the privacy ruling is this a setback to getting your attire agenda done on boxes ? >> this is tick-tock, this is clock, clock, this is groups, we ran out of time. >> are you hoping to get this done before the election? >> we are managing to get it done by the end of the year. i hope to have it done as soon as possible. >> do you think there was any pressure from the hill that made any difference in this outcome today? >> the hill has made itself known on both sides of this

issue since it started and i agree with cecelia, it was was 20 years ago, but since everything started a couple of years ago, it's ongoing. >> i'm from politico and i have a question. : the end of deliberation on how to do it. and we ran out of d