Letter from Rep. John Dingell (D-MI), Chairman of the House Commerce Committee (HCC), and Rep. Ed Markey (D-MA), Chairman of the HCC's Subcommittee on Telecommunications and the Internet (STI), to the five Commissioners of the Federal Communications Commission (FCC).
Date: January 31, 2007.

January 31, 2007

The Honorable Kevin J. Martin, Chairman
The Honorable Michael J. Copps, Commissioner
The Honorable Jonathan S. Adelstein, Commissioner
The Honorable Deborah Taylor Tate, Commissioner
The Honorable Robert M. McDowell, Commissioner
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C.  20554

Dear Mr. Chairman and Commissioners:

We are writing to request your assistance in preparation for the Subcommittee on Telecommunications and the Internet oversight hearing on the Federal Communications Commission scheduled for Thursday, February 15, 2007.

The Subcommittee's inquiry into the functioning and procedures of the Commission and the views of Commissioners on matters of policy and process would benefit greatly if each of you would respond to the enclosed pre-hearing questions by no later than 5:00 p.m. on Wednesday, February 7, 2007.

Thank you in advance for your time and attention to this request.  If you have any questions, please contact us or have your staff contact Johanna Shelton of the Committee staff at (202) 225-2927.



  John D. Dingell
Committee on Energy and Commerce
Edward J. Markey
Subcommittee on Telecommunications and the Internet Committee on Energy and Commerce



cc:    The Honorable Joe Barton, Ranking Member
        Committee on Energy and Commerce

        The Honorable Fred Upton, Ranking Member
        Subcommittee on Telecommunications and the Internet
        Committee on Energy and Commerce


Attachment to Letter dated January 31, 2007 from
Reps. Dingell and Markey to Federal Communications Commission (FCC)
Chairman and Commissioners

Questions for Chairman Kevin J. Martin

1. On May 22, 2006, you wrote to then-Subcommittee Ranking Member Markey that the Commission was "unable to investigate" allegations that telecommunications carriers were disclosing personal phone records of consumers to the National Security Agency (NSA) in apparent contravention of Section 222 of the Communications Act and other laws.  Your response noted "the classified nature" of NSA activities and the "statutory privilege" of the National Security Act, and referenced a pending motion to dismiss a case before the U.S. District Court for the Northern District of California.

Questions for Chairman Martin and Commissioner Tate

1. In your Joint Statement accompanying the Commission's News Release announcing approval of the AT&T-BellSouth merger, you stated as follows: "[t]here are certain conditions, however, that are not self-effectuating or cannot be accomplished by AT&T alone. To the extent Commission action is required to effectuate these conditions as a policy going forward, we specifically do not support those aspects of the conditions and will oppose such policies going forward."

Questions for All Federal Communications Commission Members

1.  Broadband Policy

2.  Wireless and Spectrum Policy

3.  Digital Television Transition

4. Overall Commission Policies

5. Commission Process and Functioning