On September 20, 2016, the undersigned, of the United States Telecom Association (USTelecom), met with Marc A. Paul, Legal Advisor to Commissioner Rosenworcel regarding the above-referenced proceeding. During the meeting, USTelecom discussed its significant concerns with the approaches raised by Chairman Wheeler’s “Fact Sheet” for addressing the issues in this proceeding.
USTelecom noted widely shared concerns that the Commission’s proposal exceeds its statutory authority, particularly with respect to its creation of a government-created and overseen, centralized licensing entity that would insert itself into the vibrant video marketplace by negotiating contracts for private parties and dictating the terms of copyright licenses. USTelecom emphasized the harms to innovation that would occur under the Commission’s proposal, since MVPDs would be required to conform their diverse network architectures to a standardized technology. USTelecom also said that any corrective adjustments to the Commission’s proposal should limit burdens on smaller providers by including the creation of an appropriate safe harbor.