during these last few years. i want to take the opportunity to thank the men and women of the fbi. it is through their work, dedication, and their adaptability that the fbi is better able to predict and prevent terrorism and crime of here and abroad. i want to thank my wife and my family for the support and their patience over the last 12 years, and i want to commend the president for the choice of jim comey as the next rector of the fbi. i have had the opportunity to work with jim or a number of years in the department of justice, and i have found him to be a man of honesty, dedication, and integrity. is experience, judgment, and strong sense of humility will benefit not only the bureau, but the country as a whole. again, mr. president, thank you for this opportunity to serve.

[applause] >> thank you, mr. president, for this honor and opportunity. i am not sure i have words to describe how excited i am to return to justice and especially to get work again with the people of the fbi. they are men and women who have devoted their lives to serving and protecting others, and i cannot wait to be there colleague yet again. everything i am and have done in my adult life is due to the great good fortune of marrying p. thanks to the long and support and occasional constructive

criticism of my beloved troops, of my amazing wife, patrice and abby, claire, brian, kate, and maureen, i am a much better person than i would have been without you. hank you for that. i must be out of my mind to be following bob mueller. i do not know whether i can fill those shoes, but i know however i do i will be standing truly on the shoulders of a giant, someone who has made a remarkable difference in the life of this country. i can promise you, mr. president and mr. director, i will do my very best to honor and protect that legacy, and i thank you again for this chance to serve. thank you. [applause] >> can we give bob mueller and ann one more round of applause? [applause]

>> it was esperm to remove france from canada for the united states as it became to have the opportunity to -- to achieve its independence. the few people led by franklin recognized the possibilities for america to become a great country. i mean -- let me put in the different words. -- the ican achievement

people -- 2.5 million free people and the slaves for them to get the british to evict the french from their borders then e french to help evict the british, to ma nine you late the biggest powers of the world is an astonishing achievement. > this is part of book tv this weekend. >> next, the con formation of thomas wheeler, president obama's pick for the chairman. he was president of the cable national television and c.e.o. of the wireless commission. this is just over two hours.

>> mr. wheeler, if confirmed you will lead an agycy that has the most challenging issues pending since 1934. i don't say this lightly, the decisions the f.c.c. makes under your leadership, should you be confirmed then i will stop saying that. the future of the nation's public safety, broadcasting internet and consumer protection are at stake for years to come. of all the pending issues before the commission, the current proceeding and one future rule making is utmost importance to me. the proceeding will create the revenues to fund a nationwide public safety network. i feel so strongly about this and i have ever since september

11, 2001 and before that really when we went into kuwait and none of the branches of the service could talk to each other. the program has connected millions of school children to the internet, exposing them to the transformational power to information in extraordinary ays. as i called for several months ago and the president, more importantly said in his recent remark, the f.c.c. can make sure that that schools can reach the requirements for today and the future. updating the program is necessary for our children and our national competitiveness. the combination of these two

initiatives as my highest priority. i hope it will be yours too. too much is at stake to not get these rights. if the sheer magnitude and complexity is not enough, you face an agency that is polarized. some question its relevance in the digital age. i believe too many have forgotten that the agency's fundamental responsibility is the communication to networks. you cannot have universal service without regulation. you cannot open sure competition without regulation. you cannot have consumer protection without regulation. let me be clearer, even as

communication net works evolve and technology advances the f.c.c.'s mission does not. the rules and regulations we have in place may not be the rules we need for the future but that does not mean we should not have any as so many in the industry seem to advocate and some of our colleagues do. i understand that. i think we can all agree that the rules of the agency need to conditions ld change, evolve so every american, no matter where has access to broadband. that is so easily said and so easily avoided by all forms of those under taking it. promises made, promises not kept any e pattern i have found

rue rule state finds there's a deficit of attention. the rules that the agency need to adopt should guarantee every child in america can harness the pow over internet and do it safely. the rules the agency need to be put on not consumers. the f.c.c., under the leadership made progress on achieving these goals but a lot of work remains to be done. new challenges will emerge as i advise the chairman, the f.c.c. chairman must be more than the arby or the of investment. they are very effective in making their cases, exclusively from them. bottom line, truism, long

history. you must use the vast statute authority to advocate for the public interest 34 communications act. the consumer, also the parent and the student, all those without an army of advocates to lobby on their behalf. we're concerned about people who wireless this and wireless that and megahertz and that's fine because they are a big part of the puzzle. what is the goal? the goal is to provide access for and protection to the people who use this theens who are not using it who should be using it, in my judgment. you will bring to the job a long history and distinguished career in the communications industry.

as a pyrer in in the industry, you have been strufment in the growth of both critical sectors. as an entrepreneur you built businesses and created jobs. most importantly, you understand the power of technology, how it has already transformed our lives and how it will continue to do so each day. in closing, your career is one of innovation, leadership, and public service. i believe as chair of the f.c.c., you can use our experience and skills to harness the vast, vast power of the f.c.c. harness it.from it, use it. to foster growth, innovation, and protect consumers. >> mr. wheeler, i want to thank you for your interest to serve as the next chairman and to

bring your experience to the agency. we're in the midst of a technological revolution. advancements seem to be moving faster than ever before and they are finding the ways in their hands of consumers more quickly. today, grand parents who live -- grandparents who live thousands of miles away can see their grandkids. doctors are able to diagnosis and help folks in rue rule america without patients traveling hundreds of miles. we talked about saad saad and i we talked nd an -- about south dakota. you can also replace the old sign that you happen to come by a few years ago. my colleagues may be aware,

you've written, the communications act is analog communication. you went on to say, regulation design around 21st technology isn't the perfect tool with dealing with multiple service providers. i think, that frames our big picture discussion perfectly. in coming from someone now aspiring to lead, that same legacy agency using that same outdated law begs several questions. will you work with congress and see to amend the law that might be inadequate or outdated? the first attempt was struck down in court, the second may meet the same fate. if the commission loses again i hope you come to congress for

legal clarity or revision instead of wasting more public resources on regulatory adventuring. applyingu reframe from the monopoly to our economy. you've been criticized for suggesting that the f.c.c. uses de facto regulation or at a minimum of underscoring its ability to do so. i hope understand when a chairman is tasked with executing the law discusses using a backdoor to imposing a new regime and skirting the regulatory authority issue. congress never intented for the review authority to be used as a backdoor policy making tool that lacks transparency and review. we already have too many federal agencies carrying out too many agged the d.a.s. third, be a visionary.

you have seen firsthand the power of the internet. there's no debate where our current telecommunication laws if they were written in 1992, 1996, or 1934, where consumers can choose from multiple wire lines. none of them did. in fact, all of our laws deserve to be reviewed and brought into our era, reflecting not just today's reality but a allowing for today's advances. i invite you to share your ideas reguaranteing statutory modernization. i know many members have been able to meet privately with mr. wheeler. i suspect there may not be enough time today to address all the questions so the record will be an opportunity for them to explore their questions.

so i awith it the president's additional nomination to fill the seat and i'm ready to with work with you. thank you, mr. chairman. >> please proceed. >> first, we start with a technological challenge. turn the mic on. >> thank you very much for the privilege of being before you today. it is an honor to be nominated by the president and to be considered by this committee for the position of chairman of the federal communications commission. as you have both referenced, it has been a privilege to meet with memory -- many members of

his committee. if confirmed, i look forward to continuing the dialogue's. together, we are working in one of the most exciting, if not the most exciting technological moment in our nation's history. i am blessed to be joined by my family here today. please allow me to introduce carol wheeler, my best friend, nd the biggest hearted, wisest person, i have ever met in my life. this is a, if confirmed, this will be a public service both of us perform. >> this is a very family-friendly observation.

[laughter] >> nicole and melvin are the parents of hunter and schuyler, who appeared on the scene three weeks ago. they made us proud grandparents, joining their two-year-old. melvin is from ireland. the other grandparents communicate with their grandkids exactly as you just said, via kype and the internet. max wheeler, sitting on the end, is somebody i am incredibly proud of. last month was a big month because melvin and nicole had twins. also because max graduated from the program at george mason university. this was a team effort.

i appreciate the opportunity to introduce the team to you. i am excited by the opportunity for public service. for almost 40 years, my professional life has revolved around communications technology and its various iterations during that time. in the process, i have seen the role policy can play, either as a boon to growth or a brake on innovation. in 1976, i stepped onto this career path, first as executive vice president, and then ceo of the national cable television association. i fought against the rules limiting cables ability to compete as a service. i work for the ability of competitors to bring services into the home.

i helped lead the industry support, what is today the underpinning of the jurisdiction over -- over the 1984 cable act. caught in the excitement, i became the ceo of the home computer network, the first delivery of high-speed data over cable television lines. unfortunately, it is hard to be the home computer networks when there are few home computers. the market forecast did not come to pass. that company went by the wayside. i was able to continue in the new digital world, including bringing to market the first digital video system and the first satellite delivery of digital video. in 1992, the cellular industry recruited me.

it was an exciting time as we build markets around the new oncept of competitive, local telecommunication service. that competition was expanded by the offices of 1994. wireless was increasingly used in place of wireline. wireless data turn the phone into a pocket computer. all of these development wrought with them new policy challenges. what i learned from my business experience will make me a better chairman, should the senate confirm my nomination. the lessons can be summed up in two concepts. the first is that competition is a power unto itself that must be encouraged. competitive markets produce that are outcomes than regulated or uncompetitive markets. i have seen firsthand the results of competition.

the bs competition spurred cables expansion in the digital services. competitive local exchange carriers and cable television provision of internet access spurred telephone companies to expand their digital offerings, and the introduction of licensees spurred cellular arriers to go digital. i am an unabashed supporter of competition. i believe the role of the fcc has evolved from acting in lieu of competition to dictate the market, to promoting and protecting competition with appropriate oversight to see it lourishes. the second lesson is that, while competition is a basic american value, by itself, it is up -- not always sufficient to protect other basic american values. in a telecommunications world,

this committee has identified and congress has identified issues that include improving access to broadband networks, universal service is a key tenet of the telecommunications act. we did it for electricity, phone service, and we can do it for broadcast. this committee has long and regularly recognized another value. that is the use of technology to enhance public safety and public services. it makes no sense that first responders -- carry their own smartphones because the gear they have been issued cannot do what technology otherwise makes possible. likewise, it does not make sense 80% of schools report the available bandwidth is below their instructional needs. assisting those who are disabled

or disadvantaged is another american value. this committee's work on the 21st century medications accessibility act is a classic example of making sure our values and technology are in sync. protecting consumers is the heart of the congressional instructions in the telecommunications act. it manifests itself in the half of one million consumer inquiries and complaints the commission handles annually. t is the fact that our society depends so much on our networks that makes the work of the fcc so very important. a commission is a bully led by a well-informed and dedicated group of commissioners, supported by an excellent staff.

our public service exemplars, should the senate determine -- my nomination, my life experience has prepared me to participate with these medical -- dedicated professionals to carry out the intents of congress in this area. i am humbled to be before you today. should you so decide, i look forward to the opportunity of working with this committee and with each of you to advance the networks and services defining our tomorrow. thank you. >> thank you. the senator is, in most respects, the superior person to me. or that reason, and because he

has to do an amendment on the floor, where we are about to vote, i want to call on him to ask for his question, while warning our colleagues this is an amazingly important meeting. it is very easy to go down and vote and slip into the many hings one has to do. i am eagerly looking around the room wondering how many eyes i will be staring into after our ote. we come back right after the votes and continue and i ask your forbearance. >> thank you. i appreciate your kindness and wanted me to go, although i do not think my presence on a war will affect in a positive way the outcome of a vote on my amendment. i appreciate it. on your blog, you indicated in 2011 the fcc could have proposed provisions that could have later expanded the entire wireless industry.

your post could be read to see -- to read they should do what they cannot do in their regulatory, to propose a regulatory regime on wireless. that is how you characterize it. this concerns me. i believe the fcc's transaction review authority should be used only to address public -- public ssues. rather than issue strong arm ather than to fecteau, shouldn't they instead use their authority to implement industrywide policy echo >> thank you. i appreciate you raising the issue. i understand your concern. what you have cited was hypothetical speculation. what a regulator must deal with

re the realities of a specific case, and the law and precedent that deals with merger eview. there is scarcely anything more important that comes before the commission van merger review. that review must be conducted precisely based upon the facts in that specific instance, based upon the mandate congress has established in the act, and based upon precedent. if i am fortunate enough to be confirmed as chairman, those will be the guidelines i will use in merger reviews. >> i want to quote from your blog post.

this is why why staff doesn't allow me to blog and limits my twitter. [laughter] you assert the merger conditions, and i want to quote again, could have been lifted into subsequent consent decrees for other carriers for other spectrum auctions, under the logic that if at&t could live with them, so could anyone else. to me, that would appear to be exactly backwards. is it not large players like at&t that could have more -- more easily handle merger conditions, whereas small and medium-sized would be andicapped by regulations? > this is one of the reasons the kind of observation i made that you talk about specifics of that merger agreement that is

eing reviewed, is important, because, these are issues that have to be dealt with with caution and care and have broad mpact. the specific review of the specific issues in the case, guided by the statute, is the rule that the agency should play. >> you know i am present a rural state and at -- as do a number of my colleagues on both sides. i am firmly committed to expanding telecommunications opportunities to people in my state. i am wondering how you will approach the challenges that rural america faces. >> senator, it seems to me that

we have made the jump from voice o broadband. the commission, with the help of this committee, have made that ump. there is expansion of broadband going on, but there are three goals i think are particularly important. one is the extension of broadband, as i just reference. the second is the expansion of broadband as technology allows aster and faster speeds. the third is the exploitation of broadband. anyone without the other is an incomplete solution. o, in rural america, or in urban america, it is expansion

-- extension, expansion, and exploitation. they will be the key to our roadband digital future. >> if i might just touch on this spectrum issue, it has been over five years since an auction was held to put spectrum on mobile broadband into the marketplace. do you think that is an acceptable track record and what do you intend to do to improve? >> thank you. there are a couple of auctions teed up, not the least of which is the incentive auction. it will be the first time in the history of the world -- that is a grandiose statement. it will be the first time an auction like this has been tried. this committee and the congress

have directed the fcc to do that in an expedited manner. a chairman has set the schedule for that. if i am fortunate enough to be confirmed, it is my intention to move expeditiously to make spectrum available by auction in multiple bands. >> do you agree the goal of the incentive auction ought to be to maximize net revenues in order to cover the cost of first net generation 9/11? >> senator, the incentive auction has never been tried before. i liken it to a rubik's cube, that over on this side of the cube, you have got to provide an incentive for broadcasters to want to auction their pectrum.

on this side of the cube, you have got to provide a product structured in such a way it incentive i is the wireless characters -- carriers who want to bid for that spectrum. in the middle of this, on an almost real-time basis, you have to have a band plan constantly changing to reflect variables going on here. that is why this has never been tried before. this is a monumental undertaking. all of the pieces to create value for the broadcasters and for the wireless industry, and to pay for first net and provide something for the american taxpayer all have to go through this incredibly complex rubik's cube. >> i will take that as a yes. my time has expired. thank you.

>> i will ask two quick questions. then i think we better leave and come back. i have your permission to go ahead with the question? thank you. as i mentioned my remarks, the program is just seminal in my life and with me in terms of public policy. the idea to bring affordable access to telecommunications and internet to libraries throughout the entire country, the president wants to make it to 99% and i am all for that. he reaffirmed this sentiment when he called to take the steps necessary to make sure all american students so digital technologies can benefit from

them. is a a bold statement and a good one. earlier this year, i received public comments from all the commissioners to work with me to update and strengthen the rate -- the erate program. that is not frivolous. i do not make them stand and take an oath. it is one by one, yes no, yes no. they were all yes. that does not always guarantee the result, because of the internal problems that arise. to me, it involves a ommitment. i asked, if confirmed, which i am certain you will be, would you also commit to working with me? i know this is a basic question but i need to ask it to protect accomplishments, as well as short additional support to meet the needs of our schools and

labors? >> the answer is yes. i'm taking the hint and one word answers. >> good. >> can you just give me one sentence of why you said yes? >> yes. i have been a supporter since it first happened in 1996. i think it is for basic reasons. as i mentioned, when 80% of the eu rate schools say they are not getting the proper bandwidth for their instructional needs, something needs to be done about it. this is the program that started in 1996. a lot of things have changed ince 1996. it is not good enough for us to have 1996 textbooks in the classroom. i do not think it is good for us to have 1996 connectivity in the classroom.

>> good. one more. when congress authorized voluntary off -- it was part of a larger goal for providing funding. let me interject this. when we passed the rate, olympia snowe, being one of the causes, i wrote each of the telecommunications cubbies at the time, there being more than, and asked them to write a letter to me promising they would not challenge this public policy in court. i got letters from every one of the ceos promising not to challenge in court, after which, they all challenged it in court. they all lost in court. but that is a part of what i bring to all of this. promises made, promises kept.

it is important. so the auction thing is incredibly compensated. - complicated. getting it right is really hard. for me, the successes of the offices -- of these would be judged by their sufficient funding. i know you have watched this policy debate closely. you will appreciate my question. if confirmed, you understand the need for auction rules to provide sufficient funding for first net? >> yes, sir. > can you act judiciously to amend these and avoid unnecessary delay? >> it is crucial the incentive auction -- the incentive auction move quickly. >> thank you, sir. he hearing stands in recess.

>> i will go ahead and ask my two or three questions and get out of everybody's way. is that ok? if i am next, i will ask a ouple questions. i may have more for the ecord. first i want to ask is more of a statement than a question. we are tomorrow getting ready for a hearing in the same ommittee on railroads. one of the things that came up, we are getting ready for the hearing on positive train control, which the law currently says should be implemented by 2015. the commission will have to complete the permitting process, including environmental impact studies and historical impact studies for 22,000 new wireless polls and towers. i am told the historic impact studies may even have more residents here because of tribal lands and other things because -- than other studies.

it is also my understanding the normal mom -- number of permits is somewhere between her towers and two or 3000. if the commission goes through the regular permitting process for these polls, most of which would be located on the current right away, it would take 10 years to complete. i want to make sure that is on your agenda as you are thinking about that, this is a case where one set of procedures would make it impossible to comply with the other law. i'd you not know if you have had a reason to discuss this with anyone or not, but if you want to comment, that would be fine. >> i have not and it is on the list. >> 22,000 permits, unless there is an x the guided permitting process that goes on so that positive train and fulton appened. on retransmission, everyone knows retransmission consent is a controversial topic.

this committee over the years has spent countless hours debating that. the chairman and his predecessors have always taken the view that the fcc's current authority to alter retransmission consent rules in any way is very limited and that changes to the policy would have to come from congress. is that a position you share? >> i look forward to looking into the issue and trying to get my arms around it, particularly in light of recent court issues and pending second circuit action that has been brought on a related issue. i and not trying to josh your question, but i think this is something that is a situation that is in flux at the moment that i have to get my arms around. class is there a possibility -- >> is there a possibility the commission had more authority than they had previously thought? >> i would hate to second guess court in advance.

>> you are waiting for the court decision to see where you need o come down on that. the third question i want to ask, and just, i will submit questions later, in a merger situation, there is 180 days shock climate role. who you plan -- rule. do you plan to continue the conditions to the merger that do not directly deal with competitive issues? i have got a ouple of examples. >> i understand your example and it is not this similar to the kinds of things we exchanged deas on. believe the merger review process is a specific process that deals with that specific case.

the facts in that situation, and is guided by the law and precedent. and that ought to be the defining four corners of any consideration. >> competition is the merger eview element? >> the necessity is the broad term, but it includes cup petition, consumer protection, and viability of markets, etc. >> thank you. i will have more questions later. we stand in recess. thank you for holding the gavel so i can ask those questions. cable satellite corp. 2013] national captioning institute]

>> ok, we will resume. the chairman is on his way. >> thank you. thank you for your patience today as you had to wait an extra hour for us. we had votes to take. i also want to thank you for coming in and visiting with me and i appreciate you took the time to have a conversation tonight. i look forward now to continuing hat. when we met the other day in my office, i explained to you i do have an interest in looking at alternative funding. and looking at a different mechanism for the universal service fund.

do you think that that would be one of your priorities if you would be confirmed? what options do you see for that alternative funding? > thank you. i also, as we discussed, recognize your expertise on the matter, having served as chairman of the committee in the legislature. i was fortunate enough to be able to serve on the first board of the universal service administration corporation. i have seen a lot of happen ince then. there were significant terations. it seems to me of pressing importance to continue the evolution of universal service. to look at that evolution

holistically, if you will, that we have tended to look at universal service, like the old story about the different fellows feeling the elephant, and one thinks it is a snake and one thinks it is a tree. we should look at the whole elephant and ask ourselves what should happen since the onset of the program in terms of tech knowledge he, marketplace, business models. that suggests we ought to be looking at new approaches. >> specifically for funding, though, what options are out there? what would be a source of revenue? >> it is a whole -- they cannot quite be separated here. but, clearly, one of the challenges that is facing universal service going forward is the transition.

if you have fees assessed on but it's an issue that has to be addressed holistically, with both sides of the equation. >> the senator thought -- do you think that's a realistic schedule moving forward? >> senator, i will make every effort to meet that schedule. one of the big frustrations in is that i ituation know what's on the public record, but i do not know what

other facts are being used by the commission. and i look forward to getting those pieces of information and then making that decision. but i think that this is something, as i said to the chairman, and i reiterate again, i think this is something that needs to move on an expedited basis. >> that's good to hear. thank you. as you know, some groups are pushing the fcc to use its rule-making authority to enforce the provisions in the failed disclosed act, which would require the failure of donars that require television time for campaign purposes. are you concerned that inserting the fcc into this politically charged debate where congress has expressly decided not to act, would that undermine the bipartisan support for the f.c.c.? 6 >> one of the things i learned about, i said in my statement, i

spent 40 years in telecom, that this issue is not one i have ever seen come on my radar before. and i know that it is a strongly held position throughout this committee with different positions. what i'm going to do, is i'm going to learn more about it. i am going to delve into the issue, but i'm not aware of the tensions this issue creates. >> do you think it would be a proper role for the f.c.c. to by pass congress where congress decided not to act? do you think it is within your charge that you would then act as an agency and a rule-making process where congress decided not to act? >> i think it is the job of the agency to act within the structures that the congress has

created. as i understand the issue in this debate, there is authority about this, and that's what i want to learn more about. >> what do you perceive to be the biggest challenge if you were to be confirmed. >> only one? >> yes. the biggest. number one. >> clearly, if you talked about the auction and there is -- there are so many components of the effect of the auction that you have to say that auction is top priority. t on a more -- on a bigger scale, i have spent a lot of time dealing with the f.c.c. in my life. and it is important that the make decisions in a

timely fashion. there is nothing woffers for -- there is nothing worse for investment or all the things that flow from investment than businesses not knowing what the rules are. and so i would hope that in an overarching scope of things, that we would be able, with my colleagues, because i am very aware this is a commission, not a sole proprietorship. >> i believe leaders when it comes to telecommunications and broadband, and yet we are very, very sparsly populated state in any areas.

i hope you will come and see the diversity of our state and how we have addressed the needs of the people. >> i look forward to that, senator. > thank you. >> let me, if i can, pick up on two ends. first, i want to talk a little about what senator fischer said about rural states. she definitely is from a rural state. ours is considered more extreme rural, to say the least.

the high cost to do business is very expensive. to be frank, we have found not a lot of understanding from the f.c.c. in toto in this area. there have been documents that indicate it is cheaper to build in alaska than the lower 48, which is absolutely false and incorrect. i want to get your sense and understanding of how we can work with the f.c.c. or how you see the f.c.c. working with these very extreme areas that have high costs to develop and get a predictable stream. because what happens now, as you know in the private sector, you can't make these kinds of investments with one-year horizons. you have to have multiple years. and we find it very difficult, especially with our small co-ops working in alaska or our large companies laying lots of new fiber or satellite. that's all that can work from

our area. can you give us your feelings or thrauts in regard to equal access to very extreme rural areas and understanding that the cost is going to be higher than any other place in the country, more than likely. >> thank you, senator. i do understand that that costs, was made about and i too have learned more about that, because i would say t is counterintuitive. proud of the 'm fact that many years ago i tern -- turned on the northern most cell site in north america at

point barrow. and it was amazing. i watched how that could change a community. the excitement it brought to a community, the polar bear patrol, which i never knew anything about, was enabled because of this new technology. d the promise that new communications technology is wide in many areas, but particularly in states like alaska it seems to have great opportunity. >> let me zs also -- the f.c.c. has eliminated the budget for tribal nations. which alaska has 50% of the tribes in the nation. for alaska, a sizable amount. there are 44 million acres of alaskan natively developped land

and 48% of the tribal land. what would you do -- i want to ask you a budget question, but i know the answer, and so i won't waste my time on that. i would just say, are you willing to step this back into what should be part of the process, which is tribal consultation with regard to wireless? because if you look at the areas that are the least connected, predominantly, it is tribal lands. throughout the country and alaska. yet the f.c.c. wipes out the a ding, it is actually consult into how to improve that. so give me your thoughts, sir. >> it is hard to serve people if you can't consult with them. period. >> i'll take an example and work with you. >> i'll look forward to that.

>> today my colleague from alaska, congressman young, chaired an oversight committee in the house on the f.c.c. and he universal service fund. you should watch it. he's very animated because no one decided to show up to the hearing. you from our perspective, see folks down the street and they couldn't find the time in their busy schedule, and i get that, but for alaskans to fly that far is amazing to me. as chairman of the commission, would you do everything possible under every circumstance, and i have experienced this, too, where they don't show up because they don't want to have the discussion. well, too bad, they have to have the discussionment maybe it would be uncomfortable. i have a lot of discussions every day that are

uncomfortable. if you are selected as chair will you ensure where ever possible that members of the f.c.c. will show up at these hearings? you have to watch. he's not a happy camper over there. it is critical to have people at the table. 6 >> it is the same as the consultation issue. it is all about dialogue. and the answer to your question is yes. >> in another area, obviously we would love to invite you to alaska. we know you have been there, but in your new role, i would be interested in seeing you participate aand coming up to the new area since your time here. >> i look forward to that. >> the next questions were on the f.c.c.'s role with regard to the disclose act. it is interesting, the f.e.c. --

a few letters off -- but the f.e.c. requires us to put our voice on the ads. so it seems logical if corporations want to do these ads, they should put their voice. i'm assuming they must have a voice somewhere. >> is that a question? >> it's a rhetorical question. i'm pointing it out because i think your question is very good. there are strong feelings on both sides here. if we're required to put the voice on and a corporation is now defined as a person by the supreme court, i hope they find their voice and put it on the map. i'll leave it at that. >> thank you, sir. >> thank you, senator. senator nelson. >> thank you, mr. chairman. i want to just point out that i know there is some interest on this political advertising. and the fact is that there is a petition in front of the f.c.c.

that is ongoing and it's not going to be plopet for you to respond. there's a live petition for rule access ile by media project. we could would ask the communications act to require ore disclosure in advertising. the fact that in -- there is ongoing discussion, that is an appropriate thing to do. further more, i just want to mention that when we talked the r, we talked about need of the federal and the

commercial users of the spectrum , i was pleased to see just this past week the administration announced an initiative that seeks to promote a sharing in rder to get more efficient use f the spectrum resource. so i'm assuming this is something you are planning on projecting into not your authority. >> yes, sir. if anything, what i have learned is that technology is constantly

evolving. and i think that's that is a classic example right there, sir. >> thank you, nor nelson. now we'll have senator cruz. just a minute. id i bypass you? >> i will happily defer to my friend. >> thank you. >> mr. chairman, while we have the deferrals going on, mr. chairman, i understand it is your birthday today. is that right? >> no. [laughter] we won't ask our witness to sing you happy birthday.

> thank you very much. >> senator, and i want to thank my colleagues. thank you so much. i appreciate it. i want to thank you, mr. wheeler, for taking on this important role. when you and i met privately, i talked to you about my concerns about the universal service fund. and frankly how little return on the investment that my constituents get in new hampshire. we're a country of 50 different states. i know there will always be some inequities, but i know new hampshire gets 37 cents on the dollar of what new hampshire puts in for the universal service fund. there are only four other states that get a lower return on their investment. frankly, they don't have some of norrural areas that we have

do they have many unserved areas when you look athe census block. i would ask you if you are in m this position, this important role, do you believe that the f.c.c. has the ability to work with net donor states with states like mine, which we feel we are in a very inequitable situation? also, would you be able toll discuss what you think would correct this inequity and also would you look at the universal fund and how it is allocated? i can tell you, if you come visit some of the rural areas of new hampshire, but despite the fact we are getting only 37 cents return on the dollar that every person in new hampshire puts in, there are many areas in my state that do not have broad band access in the rural areas.

>> thank you, senator. i am, unfortunately, not familiar with the specifics of new hampshire. owever, it is essential that universal service be looked at in totality, and the distribution as well as the contribution formulas looked at in the light of the realities of today. as you and i discussed, i was on the first usat board, and i lived with a lot of the early difficulties. the great thing is, the world has moved on since some of those struggles in terms of what's happening in the market and in terms of what's happening with technology. we need to make sure the rules ave as well.

>> and can i ask for your commitment to work with states like ours that don't get the return on their investment? it is hard for me to look people in the eye and say that we are not working on the inequityities. >> i look forward to working with you on that, senator. >> thank you. >> i also wanted to ask you about the broad band deployment issue. i asked about it in the rural areas of my state, and i know that the ranking members touched on this issue. urrently the congress spectrum management and advisory commission is working on commercial broadband use, but its work has been slow going. and i wanted to ask you, this morning, the former head of ntia under president clinton

criticized this administration for working too slowly when it comes to bringing government spectrum. one of the issues you and i have talked about on some very valuable bands, particularly the issue of the 1755 to the 1780 and. and the f.c.c. has less than ree years to connect the two bands. what do you hope for as chairman that you would be able to do to move this forward? to really light a fire under this issue that there is a scarcity of it and we want to see that private sector growth by having more spectrum available? also, by the way, making sure that d.o.d. has what it needs to protect our national security. if you could help me with that,

i would appreciate it. >> thank you, senator. that's a huge question. let me see if i can parse it out. first of all, i was there when the last federal government spectrum was reallocated to the rivate sector. i was representing the wireless ndustry in that situation. i understand the challenges involved. i understand the good faith necessities on both sides. it is not my first rodeo. i look forward to participating in this issue. and in working with ntia who is responsible for the allocation. the fcc is then responsible for the assignment.

but sometimes a reallocation requires a reassignment. so there has to be a pairing of the exercise. and i also would just want to comment to you and all ever your colleagues here that thinking back to 15 years ago and talking about spectrum with the members of congress, the understanding in the grip of both sides of the spectrum debate, this today in the congress, is far different. and i think that's terrific. because you're the key do keeping both ntia, the administration and the fcc, moving on this. on your specific question in so 1755 to 55 to 2180 and 1708, yes, they need to be paired. and as you know, the congress

said you would have this done by february of 20125. the lower part is actually part 1755 to reach from 1810. no, i'm sorry, 1850. i didn't do the math right. but i think just parsing that to deal with the first part of that 1755 to 1780 and they trying to pair it is it an important thing that has to happen, and we shouldn't have to wait for everything to be cleared before we move on that. >> thank you for being here, and i want to thank your family for supporting your service. >> thank you.

>> thank you, mr. chairman. i was going to sing you happy birthday, but -- stole my thunder. i know we have covered a lot of things, but one of the things you know is a concern to me is that consumers should be able to keep the cell phone that they purchase and use the cell phone that they purchase, even if they move somewhere or their service area changes. that's why senator lee and forced blumenthal and i the f.c.c. to take action to ensure that consumers can unlock and keep their phones when they change servers. we are working on another bill that takes on the specific decision of the library of congress. so i wondered if you could comment on whether you agree that unlocking is an impediment for consumers choosing to switch carriers and therefore a barrier to competition and should become the -- the chairman of f.c.c.

will you commit to working with cups, carriers to address unlocking. >> thank you, senator. of knew the librarian congress had this far of a reach? but i am a strong supporter of intellectual property rights. at the same time, i believe when i as a consumer or you as a consumer has fulfilled our commitment, and we have paid off our contract, that we ought to have the right to use that device and to move it across carriers or whatever as we see fit. and yes, i look forward to moving on this issue to give consumers more flexibility. >> thank you. many of my other colleagues lked -- talked about the

spectrum issue. one suggestion is providing financial incentives for financial agencies to participate in relocation. this is just one idea. we have also called for agencies take a look at commercial zation. what depow see as the future for commercial zation for spectrum manage the and cooperation? >> well, as i mentioned earlier, i was involved in this very issue the first time it ever happened. and it only worked if we created incentives. in that case, it was the defense department. if we reated appropriate incentives for the defense department to be able to free up spectrum and still do its job. and those incentives came down to, how can you provide the

where with al -- wherewithal so that if they are leaving this piece of spectrum that they can do it with the best technology rather than an log technology. that come down to a cash issue. that came down to an appropriations issue, and the congress in that situation, created the incentive by creating the spectrum trust fund, and saying that the money raised from the sale of d.o.d. spectrum would, in fact, go to .o.d. to help upgrade. commissioner rosen made a terrific observation when she said we ought to be thinking more about carrots and less about sticks. >> the spectrum act, when congress passed it, the act specifically mentioned that the f.c.c. should coordinate with canada and mexico to prevent

interference in repacking. that was the pokeous. being a state that is on the canadian border, will you commit to -- we have been talking a lot about borders the last few days on the floor. not really the canadian border. i wonder if you would commit to working with the canadian government as well as spectrum users, as well as broadcasters on both sides of the floor to make sure the auction is a success. >> yes, senator. i was involved in the digital transition which involved ebanding in much the same way. and i know there is possible to do, and yes, i will do that. >> i remember how concerned we were that that was not going to go well and there was a delay, and we got it done without a lot

of problems. everyone knows there is retransmission consent is a hugely controversial topic. we have spent countless hours in this committee debating it. can you discuss your views on retransmission policies? >> yes, it is interesting. when i was in the cable industry, retransmission was an entirely different concept. because today broadcasters are using retransmission consent as a way of developing a new evenue stream where they can get revenues from the intermediate area ri -- interimmediate areay -- intermediary of the cable industry. i agree with that kind of cooperation. what i believe the commission needs to be atuned to is when consumers are held hostage over corporate disputes.

and if i'm fortunate enough to be concerned, that is something i will be looking at. >> thank you. one last question the senator talked on at some length, the rural broad band, and i think it is incredibly important in our state. i think kids that grow up in rural minnesota should be able to live there and work there. and that means they will need access to the high-speed internet. i hope you will work going forward to ensure investments are made to build out our broad band network. >> yes, ma'am. >> will you continue to review the act reforms and measure broadband investment? >> i think that u.s.f. reform is a priority of the commission and the totality of the process. so the answer to that is "yes." >> thank you very much. >> thank you senator. you ended precisely on time.

i want to say to my colleagues that i'm a little embarrassed here. senator heller is next. , we i should say to you have had basically an hours worth of votes and everybody came back. the problem is, in which order did they come back? that's not your problem. that's my problem. and if you call on a senator behind another senator, they only remember it for two years. >> but not on your birthday. >> not on your birthday. we'll give you a break. > mr. senator, i promise i won't be precisely on time. tom, thank you. i appreciate the meeting we had in my office. i want to welcome you and your

family here also. good to see their smiling won't be faces behind you. it does help. > thank you. the question i have, i can't think of an industry that has more of a potential for growth. i think we will create more jobs in the sector probably in any other industry in this country in the next five to 10 years if we do our jobs right here on our side or your side. so the question i have becomes, are you familiar with some of the reforms that came out of the house during the last cycle for the f.c.c.? >> yes, sir. >> the congressman was the author of that particular bill, and i would like to highlight a couple pieces on there and see how you feel about them. because i think it is important, and i think it is something you will have to be discussing smth in the future. and i would like to say that because i have offered the set-aside for this particular piece of legislation.

one of the things he was trying to achieve in his legislation, i believe, was to get the industry and the commission to work better together. at times the f.c.c. would not go to the industry and ask them if a new regulation made sense. i think that's what they were trying to get to, was to make sure the f.c.c. and the industry had an opportunity to talk. do you have any thoughts on that? >> yes. -- i f all, i'm still must say in all candor, sir, i don't believe when my job was advocating before the commission that there was a challenge getting my ideas heard. i do believe that it is essential that the commission have an open process for the ollection of ideas and inputs.

and i also just want to respond to one thing you said a moment ago, which still has me a little startled when you use the term "the wheeler commission" which is the first time i have ever heard anything like that, particularly from someone like you. it is an honor to have that kind of moniker, but i would also emphasize that it is a commission. nd that i don't believe that i'm the czar. i look forward -- i know it is a strong chairman role. i understand the responsibilities of the chairman. but i also think that this is an stitution that needs to work cohesively and together on resolving the challenges. >> one of the issues that walden had in his legislation, which i agree with him on, that the

previous chairman disagreed with, and that was whether or not to do an analysis every time a new regulation was proposed. did it create jobs or did it kill jobs? at's your feelings on that topic? >> well, i know one of the isngs that you have proposed to address the question of will there are too many diverse reports coming out ofed f.c.c. and there is too ever time being spent on too many reports. i think you raised an incredibly valuable point when you asked that question. and i think that inside the construct of whatever the mandate of reports that the congress decided they want the commission to have, that kind of an issue falls.

>> i appreciate your response to that. because obviously we share that. merger conditions, also something that has been brought up several times with both senator thune and senator blunt. regarding their questions on merger reviews. now, you have indicated three times that merger reviews should be based on facts. you and i would agree with that. but again, your blunt post dated september 122, 2011, was that, my theory is that conditions ultimately imposed on at&t by the government should not only establish rules on at&t but would expand from larger carriers to all others. now, i see two different theories here. >> but only one set of law. that in a hypothetical musing, those. ssible to do if i am fortunate enough to be

onfirmed, i am guided by statute and the case before me period. >> let me ask you a question. this is one of the complaints i have received in the past. can you assure us you will have no votes between mnlt and 6 -- between midnight and 6:00 a.m. in the morning on the commission? >> it is rare that i'm awake past 10:00 at night, and i don't know the reference you're making, but it certainly would not be my goal to be holding votes at that time of night. >> thank you very much, mr. chairman. thank you. >> senator cruz. >> thank you of the for being here. deja vu all over again. thank you for being here. i enjoyed the time you and i had in my office. i want to cover a number of issues. i will start with the spectrum.

it is my view that the federal government should own or control as little spectrum as possible consistent with national security and law enforcement needs. do you agree with that principle? >> i thinked federal government should be using spectrum to the amount necessary to do its job. >> as you know, there has been a long history of reluctance by those federal agencies that is have control over portions of spectrum. there has been a long history of reluctance to relinquish that control. what do you see as the most effective tools congress can implement to shift more and more of that spectrum into private

hands where it can generate jobs and economic growth? >> that's an excellent question. thank you, sir. nd i think there are many. one, as i indicated before, the bright light you are focusing on spectrum now is so different than the days when i was negotiating with the federal government over spectrum. that can only help. secondly, i would hope that part anthat bright light would be encouragement to think about how new technology has changed the use of spectrum. doing things the way we are always done them isn't the answer for tomorrow. and most spectrum has been aloe indicated with an log concepts in mind.

living in a digital world, people think differently. next is the issue of creating the necessary incentives for the federal government users to ecome efficient and to want to put speck -- spectrum to other uses. and i think all of those reside here. i think if i am fortunate enough o be confirmed, sir, i will be forthright in calling for these kinds of changes. actually the are ones actually in control of that. >> i look forward to working with you to accomplish that. >> thank you. >> let me shift to a different topic, which as you know, in recent months two of the president's nominees sat where you are sitting.

i asked both of them if they would commit. my top priority is economic growth. reducing the burdens of federal regulation on small businesses and job creation. so i asked each of those two nominees if they would commit in the first 30 days to vie fiing the aleast 50 federal regulations that should be modified or repealed because they are impeding job creation. one of them agreed to do so, and the second one actually upped the ante, and he thought three was insufficient, and he would want to find 10 instead. i will ask you -- >> i don't want to get into a game of comparison and say i see his so and raise you 10. i will take a slightly different tact on that.

since i prepared for this hearing, i have been asking myself that question. lincoln's use on of the telegraph. i am fascinated with the first electronics communications network that we ever had. i discovered that the telegraph rules are still in place at the f.c.c. i'd like to take a look at whether that makes any sense. in is my philosophy, sir, looking at all of the rules with that kind of an eye. >> i appreciate that. getting rid of the telegraph rules makes a lot of sense, but i think in particular targeting those rules that are impacting productivity and job creation is a priority of ours, and i hope we can work together on that. i want to briefly touch on the uestion of unlocking phones. . u mentioned contract law

in your opinion, should federal law prohibit consumers from unlocking their phones? >> i think if the consumer full fills their side of the bargain, they ought to have the right to unlock their phone. >> would you support a permanent exception to the dmca for cell phones and other wireless devices? >> first, i think it is an extension now that has caused all kinds of problems that we need to deal with. i don't right now, sir, know whether it is a permanent exemption, whether ds a rewrite of the copyright act, or what the appropriate solution is. but i do believe that there needs to be a solution, and consumers should have the right to unlock their phones after they have lived up to their side of the deal. why terrific. i look forward to working with you on that. the final issue i want to address is one that's come up

already in the disclose act. as you know, there are few, if any issues, that provide more passionate partisan divisions in this body. this body has l failed repeatedly to pass the disclose act because a number of members of this body believe it is unconstitutional and bad policy. in your judgment does the f.c.c. have the authority to implement the disclose act or otherwise regulate political speech? >> as i have said before, that's an issue that i look forward to learning more about. there is a pending proceeding on that exemption, and i need to look at that proceeding and become informed. but i do not miss the expression on both sides of this as to the strong feelings. and i know this is an issue of tension. >> mr. wheeler, as you know, every republican on this committee along with minority

leader mitch mcconnell, sent a letter to your predecessor on this issue. you and i visited my office. you said you need to study the issue more. woy -- i would ask you to submit in writing an answer to this question. i would note that you and i visited privately this is one issue that in my pan has the potential to derail your nomination. i dwonte don't want to see that happen. i think the commission has a very important role. but should the commission leave that role and get into the business of regulating political speech -- we've seen with the i.r.s. what can happen when members of congress urge the executive branch to begin playing politics. so i look forward to reading your written response in terms of whether you believe the commission has the authority to implement the disclose act or to regulate political speech. >> thank you, senator.

>> thank you, sir. enator blume that you will walked in. -- senator blumenthal walked in. >> with your permission, mr. chairman, i will yield to my colleague and friend. >> i appreciate that. and i owe you one. tom, you said this is not your first rodeo. it is not my first rodeo either. you bring a lot of experience to the table here, a lot of knowledge about the relevant issues. you've had a good career in this . my second time back, and i was out for 12 years, and during that time, part of that time i

did represent some clients. i thought oh, boy there's asomeone who already knows our issues and he's going to come down. i was able to inform every one of them that i'm starting with a clean sheet. people are going to have to come and make your case to me as if it is a brand new issue. my reputation -- my representation of you does not have a bearing on how we will go forward. my constituents came forward and said, you voted for or against our position. we are wondering if you are still with us or against us. i said the same thing. i'm hoping that's the way you will approach your job, that you will not base future decisions on the fact that you took a different position in your private life or that you came to a conclusion that may not match up with the current situation that sifts exists today, the current facts, and that you will

scr that open door, clean sheet, when clients come forward, regardless of what your past positions might have been. so you don't have to affirm that. i am just suggesting that that worked very well for me and i hope it works well for you. >> senator, thank you for bringing that up, number one, and secondly, for your advice and counsel on that. i was an advocate for specific points of view. i hope i was a pretty good advocate. >> you were. i remember our times working together, sir. if i am fortunate enough to be confirmed, my client will be the american public. i hope that i examine be -- and i hope that i can be as effective an advocate for them as i humanly can be. >> thank you. i thank my chairman for allowing

me the time. >> thank you, mr. chairman. >> good question. >> thank you mr. wheeler for your willingness to serve the american public as your client, which i believe is supremely important in approaching this job. and let me just say from my part, apart from my colleague from texas, i don't have an issue that will derail your nomination. and i hope you will consider carefully and judiciously all these issues once you reach the position, if you are confirmed, that will best serve the american public and that you will be willing to listen to what's presented to you. i think that listening is very, very important in this job. in that spirit, let me just ask you first about limits on spectrum consolidation, which is very important to the public,

and the f.c.c. is currently revisiting its antiquated and inadequate spectrum screen. updating the screen is important. not just for this upcoming auction, but also it is integral to ensure the wireless market remains competitive for years to come. as you know, they recently wrote the f.c.c. to weigh in on how the commission can structure its competition policy to promote consumer welfare, and it encourages the f.c.c. to create a spectrum policy that ensures smaller carriers have access in order to promote more competitive discipline, more competition, more choices. and i'd like you to agree with me and the department of justice advice that the f.c.c. should create a spectrum policy that specifically seeks to encourage competition in the wireless

marketplace. >> senator, the act on dealing with the incentive auction was very explicit. it said that you could not preclude a company from participating, and it also said that the commission had authority to establish the rules for various plans. spectrum the first auction when i was one of the guilty parties of saying, you have to do it this way or the sky will fall! and i know that that always happens in this kind of a situation. but i believe that there is a responsibility to the congress -- that the congress has given the commission to have an effective auction and to preserve and protect the tition, which includes

smaller auction. >> so that means they would have access to the spectrum. >> that is a key issue the auction has to consider. >> and a key goal. >> yes, sir. >> thank you. do you think that the f.c.c. ought to account for differences in quality between different spectrum, particularly low and high frequency spectrum? >> i am very aware of the different techniques. would be disingenuous if i told you i had -- one piece of spectrum is not the same as another. i have not reached a policy decision on how to balance that. >> but it certainly is a relevant consideration. >> it certainly is, sir. >> let me switch to another

consumer issue that my colleagues are -- have been talking about, and that is blackout policy. which you and i talked a little about or we alluded to it when we spoke. nd as you know, few issues sports vanthe f.c.c. nsumer -- i was going to say drive them crazy, but upsept set them to use a more temperate way of putting it, as the current blackout policies and practices. so my question is, what canned f.c.c. do to increase the frequency of blackouts and make sure that consumers potentially aren't stuck with blank screens when they want to watch sports contests that they should be seeing and they have a right to see. >> you know, there is a proceeding before the commission now to eliminate the so-called sports blackout rule which

derrives from the days when decisions were made on basis of what broadcasters in a market had contracted to. the market has moved since that time, point one. point two, the market has a plethora of new players since that time. the latest example of which is verizon wireless paying a billion dollars to the nfl to be able to stream nfl games on to mobile devices wut the blackout ule ever being considered. so clearly this is an issue that is ripe for commission decision because there is a proceeding at the commission i don't think it is appropriate for me to opine at this point in time, but there is an evolutionary process here. that the would agree

commission should move forward with the notice of proposed rule making concerning blackouts? >> there is a process in place to deal with this evolution, sir. >> let me ask you, finally, just generally, if you consider the array of consumer protection issues now before the f.c.c., have you settled in your mind on several or a single one or more than a few that really should be priorities for the f.c.c.? >> that is a legitimate question i one that i can't say that have gone, "a, b, c, d." however, i have thought about, what are the kind of priorities i want to -- if i'm fortunate enough to be confirmed -- that i want to consider.

it seems to me there are three. the first is consumer protection. the aid in my statement, telecommunications act makes it abundantly clear that the first act is consumer protection. the second issue is competition. and as i said in my statement, i believer in ed competition, and competition sometimes also needs some help to make sure that it's del. and the -- to make sure it is there. the third issue i would have as a priority is predictability, decisiveness, dispatch. ability to know what the rules are. cause frankly whether a rule is right or wrong and knowing what it is is more of an

existing in tive the, oh, my goodness, what >> thank you, mr. wheeler for your answers to my questions and her willingness to serve. senator scott? >> good chatting with you. a lotks like it assumed of your time. not onlyhat process supports innovation in the future engine of our country economically, there seems to be concerns as it relates. one would be could you discuss with me how you would anticipate the week packing funds?- repacking

and how you you handle the low power tv stations must work -- stations? >> i cannot give you a specific example to that. hope you can sense my frustration for why i cannot. i have not been able to look past the public record on this issue. however, i mentioned earlier that this hearing, this perceiving is like a rubik's cube where you have got to sufficient forve broadcasters to want to bring their spur to to market. -- their spectrum to market. you have to organize it in a so that makes it valuable

that whoever is bidding wants to bid on it. the glue that is in the middle howow you do it and decide this works. and so i agree with you. it is crucial. i also know from my experience on the digital television the incredible importance and responsibility that exists to somebody who is on how is a leader service areas and band plans are allocated and decided as you work through this band plan. one of the big challenges that existed in the digital television transition was how do you make sure that you have

similar coverage areas and all of these kinds of things. i believe it is possible to find the right solution. it is not easy. i wish i could give you the specific answer. i do not know what it is. i do have experience to say i know it is possible to reach that. >> thank you. things the current commissioner is wrestling with is decency standards. this is going to be an ongoing debate. the public is engaged intensely in the debate with over 100,000 responses from the public. the last time that this enforcement standard was considered in 2004 took about eight years for them to come to a decision. my question is as chairman, will you take the broadcast

decency policy? >> is a very relevant question. as if heard me say when i was introducing my family, i have three brand-new grandkids. i am old enough to when i see some close to grit my -- some things to grit my teeth and is this something i want my grandchildren to bc whether it orviolence or obscenity indecency or whatever area -- what ever. the courts have been pretty specific and restrictive. i do believe however, that it is our better call upon angels with leadership. newton minnow

talking about television as the wasteland. he did that without authority. 's caught the public attention. maybe it is possible to do the same kind of thing today and save, can't we do better? >> i like your optimism. question abouta ip transition which is comic. in 2011, you chaired was part of the board. the industry has come along way in making the investments to help us shape the future. how do you envision the transition taking shape and do it is possible by 2018? >> i was the chairman of the committee that started the ball

rolling. i eagerly there are a couple of -- i think there are a couple of things. it is going to happen with or without us. , how do wen is mitigate the impact of it? we have all lived in other transitions. we lived in the podcast to cable. there were bumps along the road and all of them. it ifhe commission can do i am fortunate enough to be confirmed, will be able to lay stratageme kind of that says we have to progress through this with a planned structure rather than and growing like topsy it happened

here and there. theuse that is what causes harm to consumers. the is what causes disincentive to invest. i am hopeful will be able to address a broad spectrum of issues associated with the ip transition in a collective and logical way. >> thank you, mr. chairman. >> senator scott? stayed around just to wish you a happy birthday. some questions and i am very glad he brought up minnow. i remember that story of him taking president kennedy and asking why are we launching satellites instead of people

into space. minnow said ideas last longer than people. it is important question when it comes to media and media consolidation. i want lots of ideas. i do not want ideas packaged up and shut down local throats of individual broadcasters say this the news that is the way it is going to be. one question i have is his issue of media consolidation and your role of the fcc. you know of the previous chairman and their attempts. senators obama and biden joined us in disapproval resolution via last week, it was announced belo was going to be urgent. -- resolution. beloweek, it was announced was going to be purchased.

it is trying to basically use these ownership rules and use the whole shared service agreement as a way to get around those rules. i am very concerned about that whole issue. making itieve in easier for owners of daily newspapers to own television stations and radio stations in the same market? is that the way we need to be going? >> i understand the seriousness of this issue. and i have long been an advocate of diversity of voices. on the specific issue that you just erase, i note the chairman the doj to opine on this issue. that is appropriate.

i look forward to their opinion. you said the key thing. when the commission looks at --se issues, the petition, competition, localism, , thesity are the issues touchstones. >> do you believe some broadcasters could abuse of those shared services to get around those ownership rules? >> i am not informed enough. i am going to be. thatk forward to pursuing issue with you. >> you basically believe this is an issue the commission needs to give more attention to to wille members of congress

have another disapproval resolution that there is going to be adherent not a continued move a consolidation? i was asking, a lot of people try to put forward the notion that newspaper industry having problems and this is why you should allow the consolidation of media to save the day. i'll try to give your -- i was tried to get your thoughts on that. >> i am a businessperson. it has been my experience that the way to grow businesses when they are challenged by new embrace thoses to new technologies and that is the

way of working your self i dash out of this kind of situation. that is the -- your self out this kind of situation. thereby throw out these legitimate concerns about over consolidation in the market? toi'm specifically trying not be specific. i want to become a more informed. the seriousness of this. i understand the priority of competition, localism, diversity. there was a lot of discussion about the difference was going to happen or not, would you pursue an aggressive approach to make sure you are

monitoring complaints so we actually see what is happening? >> the answer is, yes. if one of the solutions to the spectrum crunch is to use spectrum or efficiently that inherently means sharing whether it is geographic, time, or barely sharing. you have to be monitoring interference to make sure this inefficiency is happening. >> ok. i appreciate that. , dthis unlicensed spectrum believe there is a crunch -- do you believe there is a crunch? >> i am a supporter of

unlicensed spectrum. i find it noteworthy that unlicensed has been the rescuer of licensed in so many ways 1/4 of the mobile data out of the smartphone ends up going through unlicensed rather than the licensed spectrum. is the home to , wevation and therefore need to have unlicensed spectrum. but you support -- quickly support? -- >> you support? job of the commission is to balance out the demands between here is license you can sell that will fund for cnet and other kinds of activities and here is unlicensed you cannot sell and how do you reach the balance of those?

i do not take lightly the significance of unlicensed. >> thank you. >> you do not have to stop. >> thank you. >> senator blumenthal? -- fork you forgiven giving us a second round. i want to cover some issue related to broadband that have not been touched on. of allw that half broadband subscribers in the united states are subject to some kind of cap -- bandwidth cap that a lot of people regard ,s anti-consumer and in the end .nhibiting more internet use

because more expensive of the effect on competition. as you know, congress recognizes the need for more information about what the situation is locally in the state of competition, how these caps impact competition. it recognizes when it was passed the008, the fcc recognized broadband plan and department of justice recognized it when estimated comments on how best inpromote more competition the broadband marketplace. my question is do you bring -- do you agree with the recommendations of the plan that the fcc should be collecting more broadband pricing information to

facilitate and understand what is happening with these caps and other factors are impacting consumer use and competition? >> thank you. i am a data centric guy. i come from a management background. what they used to beat into you, if you could measure it, you can manage it. i believe that. you need to have the kind of data you are talking about. >> thank you. that answers my question. thank you very much. >> i was just finishing a note. .> i do have one question >> you can go ahead. i can finish my note. [laughter] >> happy birthday, mr. chairman. >> one of the issues we have in

the northwest is this issue of rural completion. we have a number of constituents who believe too many of their calls do not connect, drop. is this a concern? is an issue that needs to be addressed, something the sec can do? -- the fcc can do? >> yes. the situation is that some carriers, long distance providers have been subcontracted out and not doing the appropriate oversight of the quality of service delivered. they should be held responsible for that. this is an enforcement action. i know the fcc has taken one enforcement action already on this. and if i am confirmed, i look

forward to investigating the need for there to be others. to be clear, you cannot have a network if you do not interconnect. >> thank you for that. is natoissue of concern affairs and policy which was established in 2010 because of broadbandst and more adoption technology throughout indian country. if you are confirmed, would you support this office it is activities and what role would you envision for broadband in this area? >> yes. i've met with the office already. i understand some of the .hallenges that they are facing not the least of which is some of the impact of sequester and

their ability to travel and be with native groups to work with and address the issues. the answer is, yes. i will be aware of that situation. >> support the continuation of the policy? that is a very clear answer to that, yes. the activities of that office are an essential component. >> thank you. >> thank you. , the note that i have written which i will give to maria. raises the state of the point that what you have heard this afternoon has been some ideology, for the most part, it is this is the

questions about policy questions coming from the experience of a lot of the folks from this committee club been here a lot and who are very smart. ,eople want on this committee there's a long waiting list. there is a reason for that. whatever restriction and it is up powerful jurisdiction. that have a jurisdiction it is a powerful jurisdiction. things do not happen like this. my so-called birthday is going havingpent with my wife the board of directors over for dinner. [laughter] sing well.hey >> i was hoping to catch the second breaks again. game.ves , it isentral to that

something i appreciate. it is wonderful being chairman of this committee. it is a wonderful job. and with intensity and firmness and giving your total concentration to whatever question was asked. i am not going to bring up cramming. i want to thank you. fcc's role is important. i want you to be a strong chairman. we need a strong chairman. you will have strong commissioners. we need a strong chairman. we need to feel the energy of that strong chairman. --ond what is necessary

delay beyond what is necessary is something we should not have to deal with. we are interested in the subject area we cannot do it for the sake of it. i think you are going to be confirmed. i believe you're up to the job. those staff members still willning, the record remain open for one week. with that, this hearing is adjourned. thanks to you and your family and all who have attended. >> thank you, mr. chairman. >> you can learn more about the

members of both the house and the senate and our congressional directly. it is a handy guide with updated listings for each member. also information about cap that members, supreme court justices and the governors. $12.95. order online. tomorrow in washington journal, the heritage foundation from cato institute debate immigration policy. the managing editor looks at the congressional agenda before the recess. the carnegie endowment for international peace discusses the recent iranian presidential election. it is left at 7:00 a.m. >> let us not be blind to our differences but also direct

attention to our common interests in the means by which those differences can be end our and we cannot differences, at least with can help make the world see diverse. [applause] all free men wherever they may live our citizens of berlin. as a free man, i take pride in the words of -- a much different president kennedy as in the first year. in 1963, you see a different one again who is preparing the ground for a real shot. whichclear test treaty was agreed to in the fall of 1963. at the same time, also building up defenses and seeking a way to

peace. >> looking back at the 50th anniversary of president kennedy's pizza speech. peace speech. >> in this week's radio address, press obama calls on americans to -- president obama calls on americans to urge senators to pass the immigration bill. -- presidentlein john kline -- representative john kline gave be republican address. >> hi, everybody. united states debate is debating an immigration bill that will ask our broken immigration system. a -- it will continue to strengthen our borders and whole fish and hold employees were accountable -- and hold

accountable.re as we train american workers for the jobs of tomorrow, we are attracted the highest skilled brewers who grow our economy. it is a bill that will provide a pathway to citizenship for 11 million citizens who are here. it means passing a background check, paying taxes and a pivoting and going to the back of the line behind everybody trying to come here legally. a few days ago, a report definitively shows this bipartisan bill will help the middle class grow our economy and shrink our deficit by making sure every worker in america plays by the same set of rules. this independent report, reforming our immigration system would reduce our deficit by almost $1 trillion. it will boost our economy by more than five percent in part

because businesses created and investments may and technologies invented by immigrants. this comes on the heel of another report. it says this immigration bill would strengthen the long-term health and solvency of social security for future generations. ,ecause with this bill millions of additional people will start paying more in taxes for things like social security and education. that will make the economy better for middle-class families. that is what copper hisses immigration reform looks like. stronger enforcement. a stronger system. a pathway to citizenship. a vibrant, growing economy. future for our children. the bill is not perfect. it is a compromise. nobody is going to get everything they want. not to democrats, not republicans, not me. it is consistent to the principles of common sense

reform. people are saying now is a time to pass this bill. , which oute with us to your senators and representatives and tell them the time for excuses is over. it is time to fix our broken immigration system once and for all. we can do this. we are a nation of laws and immigrants. enriched by that contribute is people from all over the world is stronger for it. that's been the story of america from the start. let us keep it going. thank you and have a great weekend. >> hello i am representing john kline. as you may know millions of --dent loan borrowers and consume see their student interest rate double. this rate hike which will take effect on july 1 if nothing is done would apply to new subsidized stafford loans. the house of representatives is

the only chamber of commerce that is acting to solve this problem. our students surf better. politicians put themselves in second interest rates guaranteeing this uncertainty for students and their families. what we need is a long-term solution that gets washington out of the business of setting rates. president obama agrees. in his budget, he offered a plan for long-term reform by tying interest rate to the markets. republicans put together a similar measure, the smart solution for students act. the house passed it weeks before the deadline. the senate democrats have blocked the president's plan and refuse to consider hours. -- ours. toould say they are content let rate to double. republicans have pressed ahead in good