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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE Of'

July 22, 2014

THE CHAIRMAN

The I Ionorablc Deb Fischer

United States Senate

825 llart Senate Office Building

Washington, D.C. 20510

Dear Senator Fischer:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. l lowever, that investment has not necessarily reached every comer of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband eiTorts -

or authorizing others to invest in their behalf

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and pol icy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. 1 assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

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Page 2-

The Honorable Deb Fischer

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know ifl can be of any further

assistance.

Sincerely,

~[

Tom Wheeler

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22, 2014

THE CHAIRMAN

The llonorable Michael Enzi

United States Senate

379A Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Enzi:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difTerencc between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. However, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to al~ost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

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Page 2-

The Honorable Michael Enzi

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know if I can be of any further

assistance.

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

O FF IC E OF

July 22, 2014

THE C HAIRMAN

The llonorable Ted Cruz

United States Senate

185 Dirksen Senate Office Building

Washington, D.C. 20510

Dear Senator Cruz:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. However, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

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Page 2-The Honorable Ted Cruz

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know ifl can be of any further

assistance.

Sincerely,

~eeler

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22, 2014

T H E C H AIRMA N

The Honorable John Comyn

United States Senate

517 llart Senate Office Building

Washington, D.C. 20510

Dear Senator Comyn:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. However, that investment has not necessarily reached every comer of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efTorts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

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Page 2-The Honorable John Cornyn

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know if I can be of any further

assistance.

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22,2014

T HE C H AI RMA N

The I lonorable Tom Coburn

United States Senate

172 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Coburn:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difTerence between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. However, that investment has not necessarily reached every corner of

America. Around the country, communjties have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband eiTorts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

commuruties' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

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Page 2-

The I lonorable Tom Coburn

I appreciate your interest in this matter. Your views are very important and will be

tL

included as part of the Commission's review. Please let me know ifl can be of any further

assistance.

Ŝincerelŷ

-fi!!wheeler

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22,2014

THE CHAIRMAN

The llonorable John Barrasso

United States Senate

307 Dirksen Senate Office Building

Washington, D.C. 20510

Dear Senator Barrasso:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. I Iowever, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efTorts -

or authorizing others to invest in their behalf

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but l also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image12-00.jpg612x792

Page 2-

The Honorable John Barrasso

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please Jet me know ifl can be of any further

assistance.

Sincere!~~

r eêler

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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22, 2014

THE CHAIRMAN

The llonorable Lamar Alexander

United States Senate

455 Dirksen Senate Office Building

Washington, D.C. 20510

Dear Senator Alexander:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the diiTerence between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. llowever, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly connict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

ISSUeS.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. 1 assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image14-00.jpg612x792

Page 2-The Honorable Lamar Alexander

I appreciate your interest in this matter. Your views are very important and will be

included as part ofthe Commission's review. Please let me know ifl can be of any further

/£_

assistance.

Ŝince?j

~eler

image15-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22, 2014

TH E C HAIRMAN

The I Jonorable Tim Scott

United States Senate

113 llart Senate Office Building

Washington, D.C. 20510

Dear Senator Scott:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. llowever, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. l recognize that federal preemption is not a step to

be taken lightly and must be done only afier careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. l assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image16-00.jpg612x792

Page 2-

The Honorable Tim Scott

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know ifl can be of any further

assistance.

.---i!wheeler

image17-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

July 22, 2014

THE CHAIRMAN

The llonorable Pat Roberts

United States Senate

I 09 Ilart Senate Office Building

Washington, D.C. 20510

Dear Senator Roberts:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for smaJI and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. llowever, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion . I believe that competition is a strong means to that critical goaL

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. l respect the important role of state governments in our federal system, but I also

know that state laws which directly connict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image18-00.jpg612x792

Page 2-

The Honorable Pat Roberts

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know ifl can be of any further

assistance.

image19-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OF F ICE OF

July 22, 2014

THE C H A IRMAN

The llonorable Ron Johnson

United States

enate

386 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Johnson:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, heaJth care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. llowever, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efTorts- or authorizing others to invest in their behalf-

will provide more

competition and the economic and sociaJ benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion.

I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted laws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only afier careful consideration of aJl relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factuaJ, policy, and legal issues involved. I assure you that the final decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image20-00.jpg612x792

Page 2-

The Honorable Ron Johnson

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know if I can be of any further

assistance.

;_nc?l;~t-

-ĥeeler

image21-00.jpg612x792

F EDERAL COMMU NI CAT IONS

C

O M M ISSION

W AS HI NGTON

OFFICE OF

July 22, 2014

THE CHAIRMAN

The Honorable Marco Rubio

United States Senate

317 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Rubio:

Thank you for your letter concerning the critical issue of broadband deployment. The

deployment of broadband is, as you know, a powerful platform that encourages economic growth

and facilitates improvements in education, health care, public safety, and other key policy areas.

This is particularly true for small and rural communities, where the availability of high quality

broadband can be the difference between economic decline and a vibrant future.

Private sector incumbent telephone and cable companies have invested billions of dollars

in broadband deployment in the past decade. That investment has been of great benefit to our

Nation in many ways. However, that investment has not necessarily reached every corner of

America. Around the country, communities have focused on the importance of ensuring that

their citizens receive the benefits of broadband, and some have concluded that investing in their

own broadband efforts -

or authorizing others to invest in their behalf-

will provide more

competition and the economic and social benefits that accompany competition for their residents

and businesses. Section 706 of the Communications Act charges the Federal Communications

Commission with ensuring that broadband is being deployed to all Americans in a reasonable

and timely fashion. I believe that competition is a strong means to that critical goal.

At the same time, many states have enacted Jaws that place a range of restrictions on

communities' ability to make their own decisions about their own future. There is reason to

believe that these laws have the effect of limiting competition in those areas, contrary to almost

two decades of bipartisan federal communications policy that is focused on encouraging

competition. I respect the important role of state governments in our federal system, but I also

know that state laws which directly conflict with critical federal laws and policy may be subject

to preemption in appropriate circumstances. I recognize that federal preemption is not a step to

be taken lightly and must be done only after careful consideration of all relevant legal and policy

issues.

Any Commission decision on community broadband issues will be made only after a full

opportunity for comment by all interested parties in an open proceeding and a careful analysis of

the specific factual, policy, and legal issues involved. I assure you that the fmal decision on

these issues will be based on a careful analysis of the full record in any agency proceeding.

image22-00.jpg612x792

Page 2-

The Honorable Marco Rubio

I appreciate your interest in this matter. Your views are very important and will be

included as part of the Commission's review. Please let me know if I can be of any further

assistance.

-~~~~~

Tom Wheeler

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