so commissioner mcdowell, you had mentioned something, i want to go back to. the notion of net neutrality. having net neutrality and that that would... those net neutrality rules could complicate the efforts to enforce the laws on illegal content. illegal downloading on-line. i would like for you to expand a little bit about that relationship between net neutrality rules, and enforcement against illegal content. >> sure. first of all, the proposed rules do call for a carve out for such things as illegal content, not just intellectual property theft but child pornography or things involving national security, et cetera. but, i think my concern with adopting those rules in general is the amount of uncertainty that it will inject. we have talked about today, extensively, title one versus title two and i'll file a letter with the committee regarding my passion on that but that is litigated before the courts and these things take years. in the meantime, would new rules, actually give network operators pause in terms of acting on a number of front, including the enf

-- his father bundled him up, took him to a pioneering doctor in kentucky by the name of nephron mcdowell. mcdowell had crafted a surgery, carved up to the public floor to the prostate, no anesthetics -- 17 years old. i cannot imagine how long it took. it had to be at least an hour. he had some brandy, i guess, and maybe a piece of wood to bite down on. and they removed the stones and he renewed his life. but based on what we know now about the nerves that line the prostate, it is very likely that he was sterile and did not have children. >> i have read somewhere that churchill had this false that may be great men of history were sickly or and well, that marks was -- and that marx not very well. maybe james k. polk was one of those who knows their own life is going to be short and you have to get it done now. >> i think he was very aware of his own mortality as a result of that, but he was also absolutely determined. by the time he gave up the presidency, he came to hate the job. he was not a robust consciousness type of person such as roosevelt, who loved the job, or reagan, who would no

. >> host: well, recently on this program robert mcdowell was our guest. he's an fcc commissioner. and during that interview he mentioned somebody who's very influential in telecommunications industry. here's what he had to say. >> guest: i was recently speaking to the inventer of the cell phone who is, we all know who the unventer of the wire line phone is, alexander graham bell -- [inaudible] >> guest: his name is marty cooper. 99.9% of america has never heard of him. he's the most influential person nobody's ever heard of, and he's in his 80s now, and you should have him on this program. >> host: and here he is. this is marty cooper on your screen. we're not sure whether tow curse you -- to curse you or thank you for inventing the cell phone;. >> guest: well, peter, would you give up your cell phone because of all these disadvantages? i don't think so. and that's true of most people. so the benefits, i think, outweigh the curses. >> host: could you briefly tell us what your role was or is in the invention of the cell phone? >> guest: well, it's a long story, and it has to do wit

. >> well, recently on this program robert mcdowell was our guest. he's an fcc commissioner.and during that interview he mentioned somebody who's very influential in telecommunications industry. here's what he had to say. >> i was recently speaking to the inventor of the cell phone, lest we all know the inventor of the wireline phone as alexander graham bell. his name is martin cooper. 99.9% of americans have never heard of him. he is the host influential person no one has ever heard of. he is in his 80's now and you should have them on this program sometime. >> curious on your screen. mr. cooper, we're not sure whether to curse you or thank you for inventing the cell phone. >> guest: well, peter, would you give up your cell phone because of all these disadvantages? i don't think so. and that's true of most people. so the benefits i think alloway vickers says. >> host: did you briefly tell us what your role was or is in the invention of the cell phone? >> guest: well, it's a long story and it has to do with the fact that at&t invented cellular telemetry and as far back as 194

. >> commissioner mcdowell. >> the plan offered last week does represent a tremendous amount of hardork. it was not put to a vote and contained no rules. that is because the plan represents the beginning of a process and not the end of one. we may disagree at times on the best path to follow during our upcoming journey, we can all agree on at least the primary destination, a country that offers faster broadband access to more americans at affordable prices. before going further, all policymakers involved should pledge to do no harm. precisely because the sec classifies broadband services as less regulated information services, we have seen adoption of broadband technologies flourish. as the plan itself asserts, the number of americans who have broadband at home has grown from 8 million in 2000, to nearly 200 million last year. in fact, out of 114 million households, only 7 million lack of access to broadband. some form of broadband is available to roughly 95% of americans. there is phenomenal growth in wireless broadband adoption. mobile broadbent was virtually unheard of in 2000. by

. >> reporter: randy johnson and michael mcdowell, melvin pittman, earnest taylor and alvin turner, knownfive, disappeared 32 years ago. prosecutors say the teens died in a gruesome crime at an abandoned house. >> the boys were corralled at gunpoint and restrained. it is further alleged that the home was then set on fire and the boys perished in the blaze. >> reporter: no remains have ever been found. police say the cold case was broken when a witness came forward. lee evans and philander hampton are charged with murder and arson. the teenagers worked odd jobs for evans. but the 56-year-old had been cleared as a suspect until new information surfaced. >> detectives believe that the victims had broken into one of the defendant's homes and stolen an undetermined amount of marijuana. >> reporter: on that hot summer night, the five boys played a game of pickup basketball in this neighborhood. after dinner, they went out to meet with evans. they were never seen again. debbie wilson doesn't believe her brother melvin deserves to die for an alleged break-in. she is furious that evans didn't get

. >> reporter: 32 years after her brother michael went missing terry mcdowell sat in a new jersey courtroom and face the two men who prosecutors say burned her brother and four others to death. >> on august 20, 1978 five teenager boys played a game of baseball. the boys were o corralled at bun and restrained. >> reporter: late monday police arrested a 56-year-old and 53- year-old after one of the longest missing person's cases ever in new jersey. at the time of the crime, evans told police he dropped the boys office at a street corner near an ice cream parlor. >> i have always felt that he was responsible. >> reporter: helen collected every newspaper article since her nephew michael disappeared. >> it doesn't change anything. that's the sadness of it. >> reporter: the abandoned house was detried in the blaze. five bodies were never found. >> the motive was a result from marijuana being stolen from the boys a few days earlier. >> reporter: the break in the case came when a witness with direct knowledge of the murders came forward. police said they never looked at the matter as a homicide but

the name of mcdowell elementary school's sports teams is the daredevils.athan certainly fit that description growing up, as he liked to play in the mountains, go four wheeling and go hunting. this is not to say that he didn't have any sense of responsibility. once when he was just 4 or 5 years old, jonathan and his father were hunting when they climbed too high on a mountain. we need to go down. mommy will be worried about us, jonathan said. jonathan was very close to his father, and the two of them worked together in the coal mines before jonathan joined the marines. jonathan was also a father himself. he and his wife, toni renee, had a daughter haley jo. haley jo recently turned 5 years old, and she likes to tell people that she has her daddy's green eyes. jonathan was also close to his aunt, edna hamilton, better known in the family as aunt eddie a girl. she would always buy candy for her favorite nephew, even though she was on a fixed income. jonathan graduated from south floyd high school in 2002 and after working alongside his father in the coal mine

commissioner mcdowell, you mention something i want to go back to.that is the notion of that neutrality -- net neutrality. those rules could complicate efforts to enforce the law. illegal content, illegal downloading, and i would like for you to expand a little bit on the relationship between net neutrality rules and enforcement against illegal content. >> first of all, proposed rules and to call for a car about for illegal content -- a carve out for illegal content. that includes matters of national security and child pornography. my concern with adopting those rules in general is the amount of uncertainty in will inject. i will be filing a letter with the committee regarding my position on that. it is being litigated before the courts. these things do take years. in the meantime, would new rules actually give network operators pause in terms of acting on a number of fronts including the enforcement of intellectual property where it might not be so clear especially if we're talking about relaxing or undermining fair use? i think it creates uncertain

. >> reporter: 32 years after her brother michael went missing, terry mcdowell sat in a new jersey courtroomced the two men who prosecutors say burned her brother and four others to death. >> august 20th, 1978, the five teenage boys played a game of pickup basketball. the boys were corralled at gunpoint and restrained. it is further alleged that the home was then set on fire and the boys perished in the blaze. >> reporter: late monday, police arrested 56-year-old lee evans and 53-year-old phil lander hampton after one of the longest missing persons cases ever in new jersey. at the time of the crime evans told police he dropped the boys off at a street corner near an ice cream parlor. >> he was the last one to see the kids and i've always felt that he was responsible. >> reporter: helen simmons has collected virtually every newspaper article since her nephew michael and his teenage friends disappeared. >> doesn't change anything. that's the sadness of it. you know? if this is justice, justice is always empty. >> reporter: the abandoned house was destroyed in the blaze. the five bodies were ne

. >> commissioner mcdowell. >> the plan offered last week does represent a tremendous amount of hard work. it was not put to a vote and contained no rules. that is because the plan represents the beginning of a process and not the end of one. we may disagree at times on the best path to follow during our upcoming journey, we can all agree on at least the primary destination, a country that offers faster broadband access to more americans at affordable prices. before going further, all policymakers involved should pledge to do no harm. precisely because the sec classifies broadband services as less regulated information services, we have seen adoption of broadband technologies flourish. as the plan itself asserts, the number of americans who have broadband at home has grown from 8 million in 2000, to nearly 200 million last year. in fact, out of 114 million households, only 7 million lack of access to broadband. some form of broadband is available to roughly 95% of americans. there is phenomenal growth in wireless broadband adoption. mobile broadbent was virtually unheard of in 2000.

what they make of this, stuart varney, da dagen mcdowell.tartling numbers. >> startling for a number of reason. one, this tax, they can call it a medicare tax. guess what, it's not going to make medicare solvent. it's going to pay for these new entitlements. number one. but number two, this wasn't even in the original senate bill. not in the original house bill. this is a new add-on from the white house. we have to worry about not just the top income tax rate, but what about capital gains that create money to invest in private businesses in this country. that is going to go up by 60%, the top cap gains tax rate will be 24%. >> neil: stuart varney, the markets knew the broader aspect of this deal, maybe not the little detail on medicare coming to light. they saw this coming, and friday notwithstanding they've been on a tear. the market thousands of points up from the lows. you know, the dow is at 17, 18-month high. what is going on? >> wall street has done well, main street is in the doldrums. profitability for corporations in america is very

thank you. >> commissioner mcdowell? >> thank you, mr. chairman. first, to the many hard-working members of the broadband plan team. who have spent countless hours away from your loved ones, absorbing terabytes of information over these many months. if you remember nothing else i say today, please remember these few words. thank you for your efforts. you have floated ideas and taken some arrows. your blood, sweat, toil, and tears and more often than not laughter, at least with me, are appreciated. your commitment, energy, and sense of mission have not gone unnoticed. while you've had to give up your personal lives including holidays with your families, i imagine that this st. patrick's day will be one to remember. [laughter] >> even if you're not irish. [laughter] >> second, we should be mindful that blair and his team are presenting this plan to congress during a tumultuous time and, no, i'm not referring to the debate over healthcare legislation. i'm talking, of course, about march madness. [laughter] >> it should be obvious to policymakers every

. >> commissioner mcdowell. >> the plan offered last week does represent a tremendous amount of hardk. it was not put to a vote and contained no rules. that is because the plan represents the beginning of a process and not the end of one. we may disagree at times on the best path to follow during our upcoming journey, we can all agree on at least the primary destination, a country that offers faster broadband access to more americans at affordable prices. before going further, all policymakers involved should pledge to do no harm. precisely because the sec classifies broadband services as less regulated information services, we have seen adoption of broadband technologies flourish. as the plan itself asserts, the number of americans who have broadband at home has grown from 8 million in 2000, to nearly 200 million last year. in fact, out of 114 million households, only 7 million lack of access to broadband. some form of broadband is available to roughly 95% of americans. there is phenomenal growth in wireless broadband adoption. mobile broadbent was virtually unheard of in 2000. by t

back in september would regain an interim update commissioner mcdowell said while we did well in theterm only the final exam accounts. based on preliminary reactions from stakeholders i think we more than past but today your exam begins. history will judge us all by jellyfish demand effectively you address the plans of this tackles in history will judge us not buy our slogans but by our solutions. you have a plan now is the time to act for i have enjoyed working with all of view and grateful for the opportunity to serve. >> thank you too each of you. of more to say but first let's move to comments from the bench. commissioner? >> at long last year we are and here we go. cents walking through the door of this building as a newly minted commissioner in 2001 i have called for and hope for and a dream about this, in national plan to insure every american has high-speed and opportunity creating affordable broadband. for too many years government was asleep at the switch and as your country and mine drop down broad band penetration during the countries and it took a long time for good news

commissioner mcdowell, you mention something i want to go back to. that is the notion of that neutrality -- net neutrality. those rules could complicate efforts to enforce the law. illegal content, illegal downloading, and i would like for you to expand a little bit on the relationship between net neutrality rules and enforcement against illegal content. >> first of all, proposed rules and to call for a car about for illegal content -- a carve out for illegal content. that includes matters of national security and child pornography. my concern with adopting those rules in general is the amount of uncertainty in will inject. i will be filing a letter with the committee regarding my position on that. it is being litigated before the courts. these things do take years. in the meantime, would new rules actually give network operators pause in terms of acting on a number of fronts including the enforcement of intellectual property where it might not be so clear especially if we're talking about relaxing or undermining fair use? i think it creates uncertai