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tv   FCC Chair Nominee Other Nominees Testify at Confirmation Hearing  CSPAN  November 17, 2021 9:29pm-12:31am EST

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jessica to be mcc chair. she and other biden administration nominees testify testified before the senate committee for three hours. today the commerce committee will consider a veryll important nominee and i want to thank them for their willingness to serve. first we will consider the nomination of jessica to be commissioner and chair of the
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federal communications commission. senator blumenthal will be providing a formal introduction but i would like to say a few words. the pandemic is magnified the deep digital divide in the country and if confirmed, the chair will be responsible for leading the agency's important work to ensure broadband accessibility for all americans. all schools transition students to learning at home last year 20% of students in washington state did not have a reliable connection. that would have allowed them to participate in remote learning.i over 16 million -- students in parking lots to access wi-fi and concerned teachers whose students don't have the connectivity. the pandemic has made clear the broadband access is no longer a luxury but a necessity it is a
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start but we need the mapping to go with this before we can get anything done. as the first womant to serve as the chair, she brings a decade of experience and an important role for the commission. i look forward to hearing heron thoughts on how the agency moves forward in the information age. next we will consider the nomination of the commissioner of the federal trade commission who will be joining us remotely we welcome him and his family who are participating and i'd also like to take the opportunity to welcome a bipartisan group of commissioners have joined us in the support of him this morning. the federal trade commission to
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protect consumers from unfair and deceptive practices in acommerce and promotingng competition by enforcing the nation's antitrust law in today'ss information economy the mission has never mattered more. the last several years we've seen a 45% increase in consumer fraud and deception complaints as well as the surge of the merger filings with the agency's capacity to investigate. the committee advocated for significant resources to create the staff and dedicated consumer bureau of the ftc and restore the ability to seek penalties from companies that violated the victimize consumers as well as comprehensive federal privacy legislation. we have new legal authority in ways to prevent abuse that is all too common online. he will bring a wealth of
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experience and expertise to this role as a professor and founder on privacy and technology. he is dedicated his career to advancing the law and privacy surveillance. he served as chief counsel on the senate judiciary committee on privacy technology and the law so i believe he's the right person to carry out the mission to ensure that he can harness the opportunity of the information age. next the nomination of janie to be the deputy administrator welcome to you and your family. the nomination couldn't be more timely. the investment and jobs act and hopefully soon to build back better act requires leadership to help nola execute its climate and coastal resiliency goods. i'm confident she can provide that leadership and has an
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impressive background with leading climate resiliency programs for new york city's end of the mayors office of resiliency of the white house council on environmental quality and previously served where she was responsible for environmental justice on the agency's policies and initiatives on the deepwater horizon oil spill. we've kept the environmental justice separate from climate change adaptation and mitigation at the expense of underserved communities of color and tribal communitiess and they are to be at the forefront of the adaptation and mitigation. this is a concern to me in the state of washington where so many of the tribes are on the coastal communities and literally need to move to higher ground. finally we will hear -- say your name for me, please. thank you. so much for your
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willingness to be assistant secretary of commerce and director of commerce general, director general of the united states foreign and commercial service if confirmed he would play a key role in helping small to medium enterprises compete in the foreign markets more of the met% of the purchasing power in 95% resides outside of the united states and in washington state one and three jobs depend on trade and access to markets as critical for small or medium-sized manufacturers and across the united states the companies provide for one third of u.s. merchandise export this is why we passed the innovation and competitiveness act because it provides more funding in the extension program to support the supply chain resiliency. he has more than 20 years experience advising companies on international organizations and the governmental and international trade issues, and i look forward to hearing from him on the challenges he sees when facing american businesses
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and how we can address them. so thank you to all the nominees for your willingness to serve, and i would now like to turn to my colleague, senator wicker, for his opening statement. >> thank you for holding the hearing to consider the nominations of jessica rosen morsel for the term as the commissioner of the federal communications commission, to the commissioner of the federal trade commission and assistant secretary for commerce for oceans and atmosphere and assistant secretary of commerce and director general of the u.s. and foreign commercial service. it speaks to the diversity of the great nation that we have so many last names that give you
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and me a bit of pause but we are delighted to have them here and i want to congratulate our friend, chairwoman on the first woman to chair the fcc. she is well known to members of the committee having served as professional staff member here as well as being confirmed twice by the senate for two terms at the fcc. given the significant amount of broadband funding that will be madebe available through the recently enacted partisan infrastructure package, and i am particularly interested in hearing the plan for ensuring that the fcc produces accurate coverage maps in a timely manner. i knowy she is astonished that i wouldha mention the disgusting. we cannot afford to repeat the mistakes of the past, which government funding was used to overbuild in some areas while leaving many other communities
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underserved. the fcc is at the epicenter of a number of key communications policy issues, including spectrum policy for 5g, rural broadband subsidies and internet regulations. i will look forward to discussing these matters. former professional staff member of the senate judiciary committee, the position that afforded him the chance to work on important initiatives, however, i am a bit concerned by the frequency with which he publicly expresses strident views on public policy matters that should be reserved for consultation and collaboration. i fear that this pattern calls into question his ability to work in a collaborative manner with the other ftc commissioners on critical issues. the chief consumer protection agency in the united states, the
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core mission to protect consumers from unfair or deceptive acts or practices and unfair methods of competition is essential to theon well-functioning economy. i look forward tooo hearing abot how he plans if confirmed to enhance the privacy and security of america's personal data to combat fraud and scams and promote competition in today's economy. the director of new york city mayors office of climate resiliency since 2017 and i think previously served on the white house counsel environmental quality during the obama administration and i'mer interested in hearing the plans should she become assistant secretary for the oceans and atmosphere and i want to stress that it should be guided by scientific standards and never partisan agenda and i
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don't anticipate she will want to give the committee her perspective on these fundamental principles. quite familiar with the department of commerce since he serves as a senior advisor to secretary and previously worked as the director of policy at the international trade administration during the obama administration. i hope you will share his goals on promoting trade and keeping u.s. companies, helping u.s. companies get started with exporting or increasing sales to new global markets. i think all of the nominees for appearing before the committee today and i understand he isn't ill but is quarantined because
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perhaps he was exposed to covid and we look forward to a robust hearing. thank you. >> thank you senator wicker. senator blumenthal will be recognized for further comments on chairs rosenworcel. >> thank you to the nominees for your willingness to serve. the diversity and extraordinary qualifications these nominations i think detest to the greatness of the country and it would have been a time i am absolutely sure when the members of the committee would have had difficulty pronouncing blumenthal as a nominee, so we welcome you here and celebrate your nomination.
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i'm particularly delighted and honored to introduce jessica rosenworcel as the president's nominee and first female chair of the federal communications commission. equally importantly, as a daughter of connecticut, specifically west hartford and wesley and although she went to new york university for law school, but i've worked with her closely as have many members of the years and i know that we are very familiar with her qualifications on this committee. she got her start first as professional staff andst then aa legal advisor.
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senator rockefeller and has been a distinguished champion energetic and aggressive champion of consumers, causes of privacy and net neutrality. i've worked with her on slighting the abuses of robo call and efforts to provide for spectrum coordination, but apart from all of those specific issues, a very extraordinary ability to put complex issues in terms of everyday americans to understand. she described the increasing digital divide that unfortunately increasingly impedes children in their efforts to stay current in studies when they need broadband
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access and her leadership and commitment to working on closing the digital divide and ending the gap i think have been extremely productive and significant. we have a once-in-a-lifetime opportunity here to confirm and fcc chair man who will effectively implement the infrastructure law to include a $65 billion of investment expanding broadband. she's been a champion of making broadband more affordable and addressing that digital divide impact on disadvantaged communities. particularly i watched her in hartford talk about this issue with passion and clarity that this moment really demands, and i know that she will make us proud as she has already of her public service when she is
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confirmed as the next chair of the federal communications. thank you to you and your family. commissioner rosenworcel, we wish you well. i know they are watching and they are justifiably proud. thank you. >> thank you, senator blumenthal. now we will have senator lujan introducing mr. bedoya. >> thank you mr. chairman and ranking member wicker and fellow members of the senate commerce committee. it's my pleasure to introduce mr. bedoya. his nomination to the federal trade commission is an example of the administration's commitment to that united states is at its strongest when the nation's public servants reflect the full diversity of the american people. the proponent for more hispanic voices at the highest levels of government, i am proud to introduce the professor bedoya. the founding director of the center on the privacy and
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technology at georgetown law, visitingis a professor, his research and advocacy centers on the idea that privacy and essential civil rights that privacy is for everyone and senate counsel in the united states from 2009 to 2014, he acted to protect victims of sexual assault, conducted oversight hearings of technology, companies and fault to protecter the privacy of the public from government overreach. at the graduate of harvard college and yale law school, mr, maryland,, with his two children and his wife. a pediatric psychologist at the national institute of national cancer institute. in 2020, professor bedoya delivered the united states senator u memorial lecture in lw and civil rights at the university of new mexico school
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of law. many of you know that he was a fellow in new mexico was the first united states born latino to serve in the united states senate. senator chavez understood that protecting privacy is critical to preserving equality and that lecture he quoted the timeless words i contend that we are a nation of dissenters. privacy is critical to preserving that fundamental right to dissent in our democracy. the role that he will play at the ftc to preserve privacy rights will ensure all americans keep the fundamental right but it's more than just words. the work on privacy and facial recognition both in his time as a staffer with the united states senate and at georgetown has influenced how the technology is perceived and utilized. he recognized the importance of this issue from an early pointas and was part of raising it through a national significance just two weeks ago facebook
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announced that it would shut down its facial recognition system and delete the data used to identify individuals. such progress would not be possible without the work of mrc public, lawmakers and private companies the serious dangers of such technology. today he teaches in the same law school that accepted senator dennis s chavez at 29-years-old with only a seventh grade education. from our conversations, i know he understands the deep significance of this legacy. if confirmed he will be the only latino in the senate confirmed position at the federal trade commission, federal communications commission or the consumer financial protection bureau and i look forward to working with him following his confirmation. and mr. chair man, since i have the time, i just want to also add words of support for
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commissioner rosenworcel's nomination. my only frustration with commissioner rosenworcel john nomination as it wasn't done in march. this is overdue and we will see with the strong bipartisan vote for this should have been done months ago so i look forward to the hearing and since there are two ftc commissioners here, i want to h bring to the attention of the committee a letter that was send by president biden to the ftc regarding the concern that we all have and that's the rising cost of gas prices. it's going to be important that they do the work is president biden has asked. in the article the president noted that prices at the pump have risen even as the cost of refined fuel have fallen and industry profits have gone up. the largest players of the industry have doubled their net income since 2019 while announcing billions of dollars and plans to issue dividends and buy 9ou back stock. if the prices would reflect
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savings that were seen people would be saving 25 cents a gallon at the pump. i certainly hope that we can shed some light on this and bring attention to what's happening with the cartels and help bring relief to the american people and i think you for the time and look forward to the hearing. >> thank you very much. we will now begin the testimony starting with ms. rosenworcel. >> good morning and thank you to the chair, the ranking member y and the other members of the committee. it is a tremendous honor to be nominated and designated the first permanent chairwoman of the federal communications commission. this is historic and i would like to thank president biden forou the opportunity and also y husband and my children caroline and emmett and while we are at it, the newest member of my family our pandemic rescue pup, though. it's been a privilege to lead
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the fcc in a capacity during the past ten months. so much about the last year has been new and complex as this strange virus has changed our lives, but it's demonstrated with total clarity that we need modern communications to reach us all because more than ever before, americans count on the fcc to support the connections they needpp to work, to learn, o access healthcare and access the information we all needed to make decisions about our lives, community and country. i know the staff are up to this task and are an exceptional group of public servants and i think public service as a special calling.f i also like to think it runs in my family. my father served in the air force and later went on to a career in hartford connecticut. for three decades he ran the city's clinic for hypertension kidney failure. my mother spent over two decades helping run a soup kitchen in
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hartford. my grandfather before them served in the united states customs service right here in washington. about my great grandfather before them also served the public just in t a different wa. he swept the streets of new york. i think communications technologies are the infrastructure of opportunity. these are the connections physically into digital that can strengthen our mutual bond, that can grow the economy and create new jobs.s. they help us work, learn, be informed, enlightened and entertained, and we also need to these connections to break down barriers that for too long have held too many back. i think that the fcc does all of this best l when it's worked honors the essential values in the communications laws. that means public safety is paramount. neww technologies touch every aspect of our lives. we need them to be secure and resilient. that means universal service, no matter whose you are or where yu live in this country, urban, rural or anything in between, you need access to modern communications to have a fairnn
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shot at the digital age of success that means competition because it is the most effective way to foster innovation and make sure the public reaps its benefits. and it means in absolutely fierce commitment to consumer protection. i think we haven. put these vals into practice over the last ten months witht the support of my colleagues, we've worked on a bipartisan basis to set up the nation's largest ever broadband affordability program known as the emergency broadband benefit, which now has 7.5 million households and rolled. we work together to launch the connectivity fund, the first nationwide effort to close the homework gap so no child is left floff-line. we've made historic investments in telehealth, technology all acrossle the country, and we've kicked off a major option of spectrum on the gigahertz band that is for the leadership in 5g wireless service. to ensure the networks now and in the future are secure just a
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few weeks ago we successfully started the nation's first ever secure and trusted networks reimbursement program so that network providers can remove and replace vulnerable equipment. this is a lot a but there's more work to do. we need to make sure 100% of the country has access to fast, affordable and reliable broadband that means every household, every business, every consumer, everyone and everywhere. we need coordination across federal, state, local and tribal governments and a renewed vigilance to make sure the communications networks are safe and secure.
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we also need to foster innovation across the board to ensure that the technological leadership of the united states continues on a global stage. if confirmed it will be an honor to lead this charge and if confirmed, i pledge to listen to the committee, which not that long ago i had the great honor as serving as counsel so i know deep in my bones how important it is for each of you to have a good relationship.od thank you. >> we will now proceed to mr. bedoya. >> thank you, senator and madam chair, ranking member and members of the committee. i appreciate the ability to testify remotely due to the families covid exposure. senator lujan, in a job as a hero of mine, what you said means the world to me. i want to thank president biden for the trust he has placed in me and the chairs for being there today. i wish i could be there with you. i want to thank my family, in particular, my wife, who i'm so proud of who is a psychologist for the kids at the national cancer institute.
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my mother who teaches community college in richmond virginia, my dad who is watching in lima, peru, my brother and sister-in-law and mother and father-in-law watching in louisiana and last i want to tell my daughterng and my son tt i love them. i've been working on privacy and consumer protection for over a dozen years but for me, my work really began around 2011 when the subcommittee on privacy called its first hearing and it was a hearing on smart phone geolocation technology and right after we announced at that hearing, one of the first messages we got wasn't from a privacy or consumer group at the minnesota coalition for battered women, and it told us that often times when women arrive in their shelters they were beingng tracd by their abusers through secret spyware known as documents and
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this message was eye-opening because here we were about to hold a hearing on the positioning systems and locations and here was the shelter saying this is about to safety, about a woman's ability to live her life in peace and ever since then i've tried to think about consumer protection ando privacy not in terms of daa but in terms of people, real people suffering real harm, and i've tried to work across the aisle to help them and indeed, by focusing on that issue, the issue that included senator klobuchar, senator blumenthal, we were able to get the support of the senators and together we were able to press the department of justice to bring one of its first prosecutions. this is what i hope to focus on
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if i am confirmed. i want to make sure the commission is helping the people who need it the most. people fighting opiate addictions are being sold scanned treatments. parents trying to make sure the apps their kids use online are not hurting them and small business owners who are struggling in the face of unprecedented consolidation on this last point i will shareol e example. when a hurricane comes through, the last pharmacies to close and first to reopen are the independent pharmacies. they are critical not just in rural america urban america and it's exactly these pharmacies who are shutting down in the face of unprecedented consolidation and the thing is you can tell slightly different versions of the same story for
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almost any other sector of small business. independent grocers, cattlemen. i think things are not normal. we are in a crisis, a privacy crisis, crisis for small business. i believe my five years in the senate have prepared me for that crisis and at the time to run the first major oversight hearings in the tech giantsts wo were logging our movements and scanning our faces. i help protect a small small bus from federal bureaucracies and i helped negotiate a bipartisan law that forced of the nsa to be more transparent. what i've learned from the senate is that we may disagree profoundly and even passionately, but we can't let that get in the way of serving the american people. i'mor grateful for your time and equally grateful for the nomination, and for this country, my country that has
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given me and mytr family so muc. when we landed at jfk airport 34 years ago, i don't think this is what any of us expected. thanks and i look forward to your questions. >> thank you very much mr. bedoya. >> chair, ranking member, members of the committee, i currently serve as the director of the new york city mayor's office of climate resiliency. i'm honored to be nominated by president biden for the position of assistant secretary for oceans and atmosphere. i'm especially grateful to the secretary of commerce and the noaa administrator for their support of my nomination. i also want to thank members of the committee f and staff for taking time to meet with me to share their perspectives. finally, my family including my and a sister who are here today, and my partner and daughter who stayed back in new york. i've spent 20 years to bolster the resilience of communities infrastructure and economies to
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withstand the impact of extreme weather and rising seas, which are both amplified by climate change. ... >> informing from day today response operations economic recovery and long-term
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restoration. about the importance of communicating in the accessible way when it became clear that the enemies american fishermen and mississippi were not receiving information of closures due to the spell it was my job to make sure it was translated and distributed so that the fishermen could continue their livelihood. i later moved to honolulu i lead a nonprofit initiative with partnerships between government and thed private sector to scale innovativeri approaches of the asia-pacific region with a team of researchers in hawaii i worked on a project to scale community-based landslide early warning systems andli indonesian villages our client a national commitment to establish the early warning system in 1000 communities my experience underscored to enduring and innovative solutions i then worked at the white house counsel
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pay-per-view included supported they resilience on the frontlines of climate change that is actively testing the storm surge. i gained a deep appreciation for how knowledge can complementgi finance and reveal important social and cultural insights about for the last five years i have led new york city resilience strategy which encompasses over $20 million and that protects the waterfront neighborhoods fromon devastating storm surge and title flooding the first of their kind projects involve rigorous analysis coordination with all levels of government and private partners and robust engagement with communities. these experiences have provided me with invaluable insight into effectivent
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management with diversey stakeholders. i believe they have prepared me well. never has that been more critical. just in the last summer alone our country experienced devastating heat waves that read have act on salmon and other fisheries hurricane ida is created unprecedented flash flooding in new york and new jersey and a multiyear drought in the west. if confirmed i would deploy the products and services to support local state and tribal governments the private sector in federal agency partners to plan and make informed decisions in a changing climate. i waited ensure that environmental stewardship to unlock new jobs and foster growth while transforming to a clean energy economy i would work to restore habitat and to
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protect ecosystems and infrastructure from devastating climate impact finally i would focus on recruiting the next generation of scientists and environmentalists to reflect the diversity of our country in closing thank you for your consideration to testify and i look forward to your questions. >> now we will proceed with the final witness. >> thank you for the opportunity to appear before you today i i am honored to be nominated assistant secretary of commerce for global markets and the director general of the us and foreign commercial service thank you secretary for her support of my nominationo also thinking to the community —- committee to meet with many members of your
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staff. i feel the deepest sense of gratitude and humility to be considered for this position my parents brought me to this country 45 years ago you could not appreciate we were part of a lineage of immigrants that came through new york in search of better opportunities and my parents certainly could not have imagined that would lead to my being here today to be considered by this commission by the committee i remain grateful to make all of this possible because of their bold decision to move 8000 miles away from what they need to start a new life in america their support for everything i do is unwavering. together with my brother and sister-in-law in my nieces who could not be here who are a andtant source of joy
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laughter inou my life my family remains a source of my strength and commitment i bring to every professional endeavor. have had the privilege of spending much of my career in public service working on a wide range of international trade issues on behalf of the american people i negotiated with our most challenging trade partners on issues like subsidies and held them accountable to their commitment under our trade agreement i have collaborated with foreign governments to address shared challenges and help defend legitimate policy tools we have to protect american companies and workers from unfair state backed positions in these and other areas extensively with various stakeholders to build a unified position for the government. working on teams and
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organizations in and out of government i fully understand that no one of us has a monopoly on solutions with the types of trade problems we increasingly need to look beyond our silo to bring to bear the right perspective that is why i am committed working together with my colleagues across the commerce department and with congress and all stakeholders to meet these challenges head on. in over 20 years working on international trade my career has allowed me to see how trade works from different vantage points from the judicial branch from the international organization the private sector from the public sector the global markets is uniquely situated to make sure
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american firms get the fair access they deserve and so global markets leverage that attractiveness of the united states as a destination to create jobs. through these core activities to bring to life the potential to trade the investment to the american people and i'm committed to see that mission through to the fullest if confirmed. i fully appreciate the privilege i wouldf have if i were confirmed to this position and then through much of my government career most recently at the as the
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director of policy at the obama administration and i know firsthand the high caliber of staff of the global market team to create opportunities i commit to you to be worthy of leading the high-performingrf team and do what it does best to drive the administration's efforts to strengthen precisely between trade and american people i look forward to your question. >> thank g you to the witnesses for their testimony. >> senator klobuchar? >> thank you very much. congratulations to all of the incredible nominees and the commissioners from the ftc here to show their support and
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then i cannot tell you how important it is that we worked on a major bill years ago and want a difference it makes for our country thank you for that. i will start with the chairwoman. i always like someone that has a longer last name than me. i was honored to have you in minnesota you came to talk about 911 many years ago in the importance of upgrading thatat and talk about how you will continue to make that in this changing world where there are emergency calls by text and we had people marooned in the middle of the snowstorm in minnesota if there self and goes off, what
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happens all these things keep happening in our state can you talk about your plans they are quick. >> thank you for the question. you may only called 911, once in your life it's the most important call youou ever make we are in the cusp of updating to next generation 911 that has so much more functionality because it can be video or data to help public safety address your needs and they arrived and then we need to standardize the definition of next generation 911 and identify new funding sources traditionally it was done local level and this probably needs a federal boost. in addition we have to continue to make sure that wireless calls resulted in public safety being able to find you in a snowstorm or in a building anywhere you use that device to reach out for
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helplp. >> i am chair of the 911 caucus i should have mentioned that.. and with this reconciliation bill moving forward from there. i was head of the bill in the house can you talk about the challenges as we bring in this incredible investment to get to every corner of our country that they joke if i.c.e. land can get broadband everywhere with volcanoes maybe we can. >> we need to get broadband to everywhere to 100 percent of the country we cannot accept anything less. we have a chance for generational change but to execute and do that well with the sec, our colleagues at the
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utility service all working at the same data set. and with the role of the utility a service. >> and wine the sessions to get the funding out making sure we get money to put the club back in the bill is that if people don't stop building it we have to take it back this is something that secretary romano will be dealing with so thank you for that someone specific question coming from my competition work inom the judiciary i have been concerned in the video marketplace with serious concerns of independent programming networks and with that video distributors when
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you work with me and my colleagues to re-examine the impact of these practices and take appropriate action to protect the public's interest? >> if confirmed, yes i will. >> professor hello. the importance of the ftc work with what we hope to be your future colleagues. my view is you cannot take on the biggest companies the world has ever known if you need resources and talk about the importance of that in the privacy area and the antitrust peace. >> i emphatically agree so those in the competition bureau and those that do extraordinary work that we are warped by similar consensus in
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a way to confirm that. >> and then privacy legislation. l i know that they are working together and we have this earth shattering testimony to after yearsblower of working on this that crystallizes to feel out of control and that data being shared in companies profiting over individuals. anden this is a softball. perfect. [laughter] for what we have to do going forward. > certainly my bipartisan oversight work speaks to the ability to do this i have been
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thinking. >> very good thank you to working with you on —- forward to working with you. >> chair t14 when do you estimate you will have new maps quick. >> thank you for the question i anticipated you may not ask because for for too long we been working off of maps that are not accurate which means we don't send dollars to the right places we got to work on this immediately this serve a
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summer in early august with a broadband data act and you will find data that is light years better it's better than anything to purchasend the handset we have an apples to appleson comparison and then to acquire when i check over because the sec didn't have a computer can't onn —- processing power i learned that within a few first few weeks of arriving at the agency. >> you been an agency for two-term. >> i didn't have offers on —- oversight with those issues.
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>> so rank-and-file members don't have thatat information? >> you don't operate with a budget or with the agencies computer processing system as soon as i find out we immediately secure that capacity and then decided we would come up with a statistically validlo way for localities to challenge any data and on top of that we are working on a redo of more than 200,000 people have downloaded it is a broadband data act. this is a serviceable location fabric every location that can be served in this country is
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and under the broadband data act we have to follow federal acquisition and i've learned more about that process in the last few months and that is essential for the groundwork everyone who did not succeed and stayri our ability to work on the fabric while the gao reviews it and it can take 100 days so with that behind me doing everything to move fast if there is a protest if we have problems to ask for assistance because we absolutely need to get the maps done because all the money flowing through the w infrastructure bill depends on not being available. >> when is a protest period over? >> terrific question we made the award last week anyone who
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wants to protest has three days to ask for a debriefing five days after that they can file a protest. >> because they need the accurate maps fully in place? >> absolutely. i told the commerce department we will send them every bit of data we k have as soon as we have it am still hopeful despite that process i just want you to make sure that you understand what the law looks like. >> let me see if i can squeeze a question in.
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it seems we did better under the light touch regulation and companies invested in like in europe we do not have to throttle service to reduce traffic can you tell me what if any disadvantages occurred to our country or consumers when we repealed the obama administration net neutrality or am i i correct and no throttling or measures.
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>> i thank you know that i support net neutrality in 2015 and oppose the rollback i continue to support it. i think the investment record is something we always have to pay attention to because we developed rules at the ftc we have to be mindful of the impact of infrastructure on the country. so the impact of the rollback is broader than just net neutrality because it took the sec away and coming out of the pandemic all of us know we need some oversight because it is such an essential service for day to day life. >> i would like to submit on the record the examples of consumers being harmed by the repeal of net neutrality.
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>> thank you very much. want to reiterate that it is so urgent to move chair t14 to markups we can send it to the floor to confirm her before the end of the year. we don'the have very many floor days left if we don't confirm her before the end of the year and bylaw she has to pack up her office and leave the fcc. on monday the president signed historic legislation to help a us connect all americans with broadband on top of other broadband legislation. we need the expert agency to provide expertise. she is an extremely qualified nominee with widespread bipartisan support this is not the time to leave the agency
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leader less. i'm not sure if you coined it that you popularized the homework gap and i would like you to talk about the progress you have made in the progress you thank you can make as chair of the commission. >> thank you for the question. when i was growing up i didn't need an internet connection to do my homework. it was paper and pencil and make sure my brother would stay out of the room every child needs an internet connection we knew that before the pandemic but this #-number-sign the light like nothing else and in the united states we don't need to have children sitting in a parking lot outside of fast food restaurants just to attend virtual class i am pleased the sec we have been able to make some meaningful difference because of the emergency connectivity find which is a find this congress help to set up to close that homework gap we have estimated funding for
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school kids to more than 7000 schools in 600 labor libraries were making a meaningful difference. >> how many remainec unconnected. >> the numbers were almost 70 million and irt think we have reduce that number but i don't think we can stop until every child has the opportunity to go online for class. >> i find that number mind-boggling in the wealthiest nation in the i history of the world and in the context where we force kids to zoom in and 14 million don't have access to the internetco and it is unconscionable thank you for leading in the space. my understanding is there is a ten of interagency
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coordination required can you help us to understand the different agencies that are involved and how you make sure that the sec primarily that usda and how we make sure we are not stepping on each other's toes to maximize the collectiveac impact? >> after the infrastructure bill has passed we have all the opportunities for the digital divide it is contingency in every agency working together the sec signed a memorandum of understanding to make sure we are sharing our data and with that connectionn notification system so the antifa can use that dataa as well i like to invite the treasury department to come in and work with us working out the same data set we can make them go further.
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>> under usda you obviously treasury because they have a program they are administering not because they have access to a particular data set. >> correct. >> is there anything congress needs to do to clarify that everybody is paddling in the same direction? >> that is a useful metaphor we need your oversight to make sure we paddle in the same directionn'. >> this is easy. don't you love the bills i have introduced? [laughter] i just want to ask you we had a very good conversation about that. do you agree the federal privacy law must include a duty of loyalty to prohibit companies from using the data they collect on their detriment? >> chair, appreciate the question and what i like about
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it is when there is legislation on privacy there is the need to reinvent the wheel and do something and what i appreciate with that duty of loyalty it ties back to a common law tradition held by fiduciaries. >>y thank you madame chair. i want to ask you if you love all my bills because i am sure that you do bad i would say that you have been a strong critic of facial recognition technology in your work you suggested banning having a moratorium put in place what privacy guardrails are vital for facial recognition are
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there still benefits with this technology such as public safety or healthcare? if you would be confirmed as a commissioner how do you assess technologies you feel deserve more scrutiny do you support banning based on those that fall within the ftc jurisdiction? >> i a appreciate the chance to speak to this i will speak to the question of subverting that technology i will give you a very example the ability to open my phone with my face so when we apply greater scrutiny with a duty of opening the phone with your face it is transparent you opt into it there is limited data collection and it resides. so if confirmed i would apply
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greater scrutiny to situations where collection and use is opaque with broader dragnet data collection people are not allowed to consent and the data is free flowing without restriction i don't anticipate calling for abandon the commercialin setting i certainly cannot think of one off the top of my head those are be the guardrails i would anticipate. >> so from your answer i would say that you do believe the united states needs to be a global leader on these emerging technologies such as facial recognition. >> so to help folks with disabilities and with verification i think face recognition can be a great second or third factor so i
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very much agree and that perspective. >> chair t14 good to see you the contribution factor remains exception of the exceptionally high in the second quarter ofec this year with the shrinking base of who pays into the sand and the telecommunication providers especially providers in our most rural areas it strains their ability to manage. i noticed that you have also supported other means to grow broadband affordability programs through the fcc so how do you square the push to grow certain programs that the commissionsi given what we are seeing in the contribution factor quick. >> thank you for the question universal service is a
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byproduct of the telecommunications act of 1996 i had an aol account and had a palmpilot and it was the collective belief of congress that we shared assess of the long distance bill ofti every customer to sustain networks nationwide it was a smart idea that exempted the fund and made it more consistent but 25 years later we need a conversation about what is the right mix of universal service and appropriations going forward because congress has started to change that with emergency broadband that benefit because that is dependent on appropriated dollars that is distinct from the universal service fund. >> .
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>> you have any ideas what you would suggest on that quick. >> in the state legislature i chaired onmm telecommunication and this was on the early 2000 i went into the chairmanship thinking i would have to deal with what the feds words send down after the updated the 96 bill i'm here now we still have not updated at. wide are a couple of ideas to share publicly at this time? >> this will definitely need more conversation that allows federal officials and state officials to come together that needs to be more active because i do thinknk the best ideas working with the state counterparts i know my colleagues have recommended and we look at the role of appropriations because some of them are funded like that from
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the traditional mechanism in the bottom line is 25 years out the sec needs to have a conversation with you about this on firmer footing going forward. >> senator blumenthal. >> we are fortunate toad have a nominee this morning and even more fortunate the president of the united states asked to investigate the skyrocketing gasoline prices i am a veteran of a number of these investigations with the attorney general of connecticut it is a challenging issue but one that has to be faced with the cost of refined products and diminishing that consumers see at the pump with soaring prices and rising profits as well companies and stock
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buyback so this investigation is overdue and absolutely necessary to should be pursued vigorously and promptly and the president monopolistic practices of these companies need to be exposed for what they are so consumers understand why prices are rising we need to call attention to the monopoly prices there is no reason that consumers should be left in the dark about why when you have prices at the pump they are rising so astronomically if the gap with the gasoline prices at the pump were to return to normal pre- pandemic levels drivers would pay as much as 25 cents less per
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gallon that is real money and consumerspo products and the investigation will help achieve that goal do you support this investigation? >> absolutely. gas prices matter for everyone especially living paycheck to paycheck and i believe with the manipulation rule and if confirmed i will try to make sure that is enforced vigorously. >> the ftc is an independent agency that i urge them to call you and write to you to make their real life story known to you because that is the most powerful evidence they are facing to have a real impact and make a difference
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thank you for that answer. chair t14 i want to address a topic that is unlikely to be raised otherwise the local journalism sustainability act you have been very committed to sustaining and enhancing local journalism this would help support the existence and survival of the local media outlets.u can you telle me more how to revitalize and sustain local journalism quick. >> thank you for your kind remarks earlier we all need local journalism but over the last decade and a half we know 2000 newspapers have shuddered it's getting harder to find economic models that give us the news that we need so the
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tax credits that are involved with payroll or the production of local news journalism is essential and restoring the minority media tax credit is a beneficial way to encourage small businesses and people of color to take over ownership of local radio television stations that is a bill pending before congress right now. lot t of little tools to make that happen but we have to invest in local journalism at some point. >> i welcome you are time is limited that i know with that commitment so one last question about robo calls. omission for both of us talk about this on multiple occasions but they continue
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this morning we approved a bill out of committee to increase penaltiess for spoofing from con artist who disguise their origins so can you talk about the tools that you think are necessary to combat? >> they are a nuisance they the lasting and in several years they have grown we need to trust our communication network and with these calls people don't want to pick up the phone so we have done a lot more enforcement sending cease-and-desist letters to say they have 48 hours tobo knock it off or all other carriers will block air traffic and turning to technology we have now and for on —- enforce technology on
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our networks nationwide we are starting to notice more calls are coming from overseas so starting a new gateway policy to stop them before they hit our shores that scam artists move fast. fasters and regulators and if there are two things that i think are necessary to do next, the supreme court this year had a decision where it decided to narrow the definition of the autodialer because it limits the agency it is a technocratic decision better real-world impact and second this is not new at the sec that long-standing under my leadership we hadun the largest fine ever under the truth and caller id act to go after the n bad actors but i have to turn to the department of justice for civil enforcement action we don't
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just have to you only find the bad actors but taken to court intellect i would like assistance to make this a priorityty or possibly give the ftc some civil enforcement authority to take the bad actors to court because we need to engage in more of those efforts to make sure we have deterrents with the nuisance calls. >> i agree thank you madame chair. >> thank you all for being here in your willingness to serve you all deserve a hearing of your own i am an appropriate are for allor of you and not the riser so i assume upon your confirmation the opportunity to pursue many topics chairman t14 i will start with you some of them
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have 40 been covered i will not repeat those that first let me confirm what i know to be true about you that you know this committee in congress in general is consistently shown support for local broadcasting, journalism and broadcasters in particular when you were discussing local broadcaster last summer we brought up your commitment to local journalism as well asat to have content created for what they serve i appreciate that sentiment which i believe is what this committee shares and i hope if confirmed as a next chair we canan continue working together to achieve that goal. >> absolutely. congress and the sec placed buildout requirements on recipients of broadband buildout funds at mandate companies complete networks by a certain period of time this makesnt sense it is designed to
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ensure underserved areas receive services in a timely fashion there those that impact build times for small internet providers is the sec monitoring to the supply chain issues do they have plans to work with broadband providers who run into the supply chain issues and not meeting those timely deadlines quick. >> it's a timely question in may of this year i had a proceeding with my callings to ask about the supply chain in particular and semi conductors how it impacts the telecommunications industry and deployment. we thought we had to have a detailed record we share that with the department of commerce and we are using it to inform and discussion with those before the agency we are mindful this can bees a problem but it was a useful tool to
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develop that the outset. >> this iss a timely issue with the additional dollars put into broadbandnt investment and the capability for the suppliers and builders to get building permits. it is a real challenge you cannot ignore. >> i agree. >> thank you. millions of dollars has been and will be distributed for broadband deployment. fcc, usda and other agencies i keep saying before we authorize more money for more broadband we are to simplify and consolidate the programs that are there. we have not done that and therefore the burden falls to you and others. the universal service fund is an important role that unserved areas receive broadband service. what can sec do about ensuring contribution factors touching
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on this topic i would be pleased to hear more about your thoughts in regard to the contribution factor. >> yes i spoke to senator fisher earlier and the telecommunications act of 1996 is the universal service factor developed ari long time ago and 25 years later and we talked about with the update looks like and the funds in the where they are distributed with the affordable connectivity program emergency connectivity find and all of these are outside of the universal service system to the annual appropriation system so to figure out the right mix of the universal service system is necessary. >> does that suggest the sec has no intention of taking this issue on its own? >> i will be honest we need a
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referral underst the law first but there are some challenges with the law we have before us if you would like us to assess on other constituencies it would take a change in the legislation. >> thank you for that answer. nineteen seconds. >> and three weeks in advance of any vote that they had then voted on establishing the office of the analytics what is the take of the results of the effort better outcomes? period the short answer is yes and intend to do so if confirmed. >> what will i do in the absence of the chairman? will you fulfill the role of
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the citizens of my state quick. >> we will do our best you may have to have some new england references along the way. >> i will try to be accommodating. thank you. >> thank you madame chair. charity 14 i am excited about the progress made on that line it is a three digit code for the national suicide prevention lifeline i was proud to be a lead author of that legislation beyond making
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access easier for people in crisis one of my chief goals was to ensure that populations that were disproportionately facing high rates of suicide could have access to specialized services that they need. in the bill itself we talked about the veterans community and lgbtq youth in particular working with suicide prevention as they faced disastrous conditions under the national suicide while they must began accepting 988 calls on july 16, 2022 and that is fast approaching given the importance of the change to serve populations the greatest need i would like to have an update on how the commission will engage governmentke stakeholders as
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well as nonprofits and specialist on the 988 rollout with the great conversation about this that you will talk about the text to chat and integrated voice responses. >> thank you for the question we have a suicide crisis it's three times higher overh, the last 20 years it's true for young people of color and lgbtq youth and veterans and more first responders die annually in suicide than in the line of work we can do better and we should we have long had a toll-free number moving it to a three digit called code makes it more accessible i'm especially proud the fcc will make it
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texting accessible so for young people in particular is not picking up the phone and talking we will continue to workrk with dhs to make sure they have the resources needed however they can't in and continue to discuss people get the specialized care. >> i and as excited as the federal resources targeted for universal broadband high-speed access for all but i know you agree it will be a success without better maps i was proud to be a cosponsor of the broadband data act i was pleased to see with a new wireless service map is in the standardsan and i understand the commission was recently awarded an important contract talking about that already
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earlier today for a better map for wired broadband i'm wonder when weog can see additional maps come online and how do you push the commission toward that goal if confirmed if that is permanent rather than acting chairman but seconds along these lines i am the new methods to verify the existence of broadband services including vehicles like postal service vehicles national forest? so then we are able to get more data so give me an update on those. >> absolutely the best time to w make butut better broadband would be five years ago the second best time is right now we are working morning noon and night period federal acquisition process which is
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the ground-floor i'm hope thing we can work through the habit to work through ways we can build these outside of washington so coming up with the methodology the municipalities and tribes to challenge any data you can actually send the data what's going on in yourr backyard. so to make sure we can get them involved and in the process they will be billed by all of this using creative technologies we done some exploration and rural areas just like you describe it turns out smart costly to use than we anticipated and there are some challenges that i might be a tool we use in a rural area toas get accurate
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data. >> thank you. >> the universal service fund is a high has a large area is important to have the return carriers regulatory certainty in the program? >> thank you for your question and the answer>> is yes. >> if confirmed as chair of the fcc what steps do you take to make sure it's better correlated with better better issues on spectrum issues quick. >> it isf an important issue we are using more airwaves everybody here knows that because we rely on the phones for much of our day-to-day life when you add that up with wi-fi and all the new ways to connect the world around us we
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need more of that for commercial activity that challengeses the laws of physics were not making more spectrum so sometimes that requires going to federal actors to ask them to be more efficient that is how we were able to hold the most recent auction that process is difficult and i hope over timeov we can have a whole of government approach where we all understand that repurpose seeing those errors airways has benefits for our economy and civic life and has the support of the committee. >> that is an issue that has been particularly problematic given the fact with the spectrum that is necessary for commercial use to get that coordination with the different layers and levels of
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government would be key to make sure we can accommodate the growth we would see in the demand i want to come back to the issue of net neutrality on the issue i thank you know this having the conversation in the past to lay out the 11 and principles for the open internet when i was chairman is still think the best way to provide legislation to pass and i say that today i stand ready and willing to work toward finding a lasting legislative solution that will result the dispute over net neutrality if you are confirmed as chair of the fcc would you commit to coming to congress for more direction before any iteration of net neutrality rules?
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>> i will always agree to work with this committee on these issues starring technical assistance. >> would youss come to congress quick. >> you know as a matter of history and 2015 a supported the agency putting in place net neutrality rules that has the authority to do so but we will always work with this committee on issuesrt like this that areat important in the country. >> is a good idea for congress to legislate in this area? think i think any attempt to update our telecommunication is a good idea i think they always benefit from the legislative update spent the open internet order we had a good amount of time to see the impact that strikes me if you look at it through the impact of the pandemic in particular
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that they saw 39.4 percent upstream usage and an increase of downstream usage what we had in europe weny had no throttling with that neutrality regulations they had to take measures and other types of measures to manage the increased use and i thank you said to restore internet freedom order you said i will not give up we'll been this toward a more just outcome wherever we need to go that net neutrality stays the law of the land and and your dissent to say let's fight given what we have seen since that time and given the fact those that have stated not only she would be reinstating
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those rules that support additional authorities to adopt policy and handle issues like the data caps where do you come down has your position changed when it comes necessary to bring back these rules? do you agree with her position? period people have different opinions with net neutrality that i support any think of the agency were to proceed we have to start with traditional rulemaking and that would include information associated with increased use of broadband during the pandemic i want whatever rules passed to reflect that. >> i would say madame chair this committee could really by acting legislatively to put rules in place to get away from the constant back-and-forth that we have at theit agency with the courts and the uncertainty and the
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unpredictability it creates to makest this wonderful benefit that we have from technology through that pandemic when americans really needed it to work. >> thank you senator year and advocate to try to work this out certainly the pandemic brought up to see how critical this was. trust me i have a long list of issues of great concern over broadbandma. >> and following up on the
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senators line of inquiry just going back to 2015 and restating what you gave is an answer youo did bells for the open internet order that part net neutrality protections in place and then properly treated broadband as a telecommunicatione service and the trump era fcc eliminated those commissions to investigate broadband consumer complaints to close the digital divide but the ongoing pandemic has dramatically increased reliance onas the internet now more than ever americans need netut neutrality to have consumers facts for
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what is an essential utility broadband access we are all having big discussions about antitrust in the communications sector that is what net neutrality and i intend on introducing legislation that would make explicit broadband service. my hope is we can do this on a
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bipartisan basis, but perhaps that will not be the case and you will still maintain that authority to act. the coronavirus pandemic has also highlighted the gap experienced by 12 to 17 million children, mostly poor, rural, black and brown who have been unable to complete their homework at home and it's why for $7 billion for an emergency connectivity fund which is now the law and i think you for the excellent way in which you have implemented that program. under your leadership the fcc has received more than $6 billion in applications, and you've committed more than $3 billion to helping communities across the country to connect those 12 to 17 billion children at home so they can do c c their homework.
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and so, i think the numbers actually show the urgency of continuing to deal with the issue, and we are working hard to include more money in the build back better program so that you will have more resources in order to deal with this issue. do you agree we should add more funding to the build back better bill for emergency connectivity so that the resources are there for those children? >> thank you, senator, for the question. the gap may affect as many as 17 million kids in the country. we are making progress with funds from the connectivity fund. ii just don't want to have to stop until we connect every child, everywhere so no student is locked out of the virtual classroom. >> do you believe we have to create a permanent solution to the problems of children in the future are not locked out at home? >> yes. >> and let me just ask you
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mr. bedoya in terms of a child online, privacy protection law, the ftc is responsible for enforcing the children's online privacy protection act. mr. bedoya, do you agree that congress should update copper to 13, 14 and 15-year-olds, control over their data to ban targeted ads to children and three, create an erase button so that parents can and insisted that all information collected about through 13, 14 or 15-year-old, son and daughter is erased from the data record forever? >> thank you, senator. i think those are critical updates to the law and i very much support them. >> can i get your view on that as well? >> as the parent of a child and that age range i fully support
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the erase button. >> do you have a view on that? >> yes, fully support. >> yes sir. >> no child. [laughter] we will go with those who do and to say that they represent every rother parent in america that is understandably paranoid about what they saw in the last year and a halfas in terms of their children's relationship with this device that has been their companion inir increasing numbes of hours every single day, every single weekend we should provide those productions, and i think we should do it in this congress. thank you madam chair. senator sullivan. >> thank you, madam chair. i appreciate the discussion yesterday. let me ask a quick question on net neutrality. i know there's a lot of debate and big policies at stake.
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you're very distinguished background includes being a staff member on this committee. don't you think that something that a big in terms of policy should be authorized by congress, not just the federal agencies? >> as you know i support net neutrality. i also would support working with of the committee in any way, shape or form or any other updates on the telecommunications law but as i said earlier, i do believe the agency has inherent authority in this area. >> let me turn to the majority ofo the discussion on the uniqe challenges in alaska and i know you are very well awarew of those. you made a number of commitments to me yesterday in the meeting. can i get you publicly to kind of make those again and talk briefly about some of the issues and is a commitment to come back up to the great state of alaska and see our people and
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challenges to work with the stakeholders in the alaska plan, what comes next and how we move forward on that important and successfulhe initiative and then not to subject alaska to the rate setting database and have morett transparency and timelins on a lot of the issues that the previous chair man in my view completely ignored and almost cratered the entire healthcare system in rural alaska. >> that would be yes to a visit and continuing to work with you on the alaska plan and gas with respect to the concerns about the rural healthcare system in the database. i have that database so it's not in effect. we have to figure out other ways forward like i said yesterday that reduce waste and abuse and have appropriate transparency but are ultimately mindful of the fact of the communications
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are essential for the health and safety of the people that rely on them. a. >> some of the most vulnerable people in the country with very limited access to healthcare are my constituents. a. >> in a lot of the villages where the healthcare facilities at the center of town and but forr that connection back to anchorage many people wouldn't be able to see professionals. it's among the most essential healthcare in the country. >> real quickly if you can comment briefly on the discussion we had with the infrastructure bill, usda initiative there is going to be an opportunity more broadband throughout the country particularly in rural communities, but i am concerned about the lack of coordination, waste, fraud and abuse. can you comment on that? i know you recently put together
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within tia. a. >> like i think i said a little earlier here today we have an opportunity for generational change with the infrastructure bill, so we need to execute on it and if two things stand out to me most first is we need coordination about the data and facts which doesn't have a driving role in the bulk of the funds it's going to have to support every other organization in the government that does and the states as well. in addition i think we need strong accountability measures right out of the gate. it would be a criticism i've had of previous programs we need to make clear what audits are happening and what kind of penalties exist for anyone who takes the funds and doesn't deliver.ve >> i'm sorry we didn't have our meeting yesterday. i looked forward to meeting you. your position is enormously important to my estate and constituents. two thirds of the seafood
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harvested in america, two thirds comes from alaska so we are the superpower of seafood and noah is a really important partner in terms of surveysys and stock assessments and clean and healthy oceans. we haven't met so i will withhold judgment. i'm concerned about your background which is impressive but it's focused on urban planning, climate resilience. i don't see a lot that is in the area of the core of noah focus which is so important to my states and my constituents. can you comment on that? >> thank you, senator sullivan, and i look forward to having a chance to connect directly. i enjoyed talking with your staff yesterday. i want to start by saying i previously worked at noah when the deepwater horizon oil spill happened which leveraged every part of the agency to jump into action so i got a crash course
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in the agency and believe that i can hit the ground running if confirmed but also my work in climate resilience is so crosscutting and focused on making sure we leverage the best available science. >> i i am all for that. a. >> and apply that to the decision-making. i believe the work that i've done including in alaska i mentioned in my testimony when i worked at the white house part of my portfolio was focused on the resilience of alaskan native villages. i had a chance to visit and really appreciated being able to connect with alaska natives and appreciate the tremendous challenges that they face in maintaining -- >> i don't want to cut you off that i have one more question for mr. bedoya, but i do look forward to our meeting and again i apologize i had to cancel on
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that yesterday. mr. bedoya, i'm a little, actually i am quite concerned. in 2016, there was a tweet that you retweeted and it was talking about the presidential convention in 2016. a number of senators on the committee including myself went into it. i never thoughtho i'd seen a televised presidential convention that was a white supremacist rally. that's pretty strong view. we realize the ftc leadership structure is made up of partisan commissioners, but this tweet and others raise questions about whether you have the temperament, maturity dispassionate views required of you and ftc commissioner in charge of over 1100 employees, andd i'm sure a lot of those employees didn't see that convention in 2016 as a white supremacist rally.
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how do you respond to my concerns about the temperament and judgment, meaning that you need to serve all americans in this job? >> absolutely, senator. i appreciate the chance to speak to this. i think my record in the senate as a staffer and at georgetown speaks to this -- >> i'm not asking about your record. i'm asking about this tweet andirectly, and don't dodge me n it, just address it. maybe you're sorry, maybe that wasn't really your viewpoint. don't dodge the question. to tell me about your temperament, maturity, dispassionate views when you are essentially claiming half the country was at a white supremacist rally which was the convention that we had in 2016. >> of course, senator. i want to clarify i do not to believe the former president's orders are a white supremacist. they are part of my family and i
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love them -- >> are you apologizing for that or what is your -- are you taking -- it probably was a mistake or something like - tha? >> i do think it's appropriate to call the entire convention a white supremacist rally i do apologize for that. i was trying to clarify that i don't cast judgment on the former president orders. the last four to five years affected my own family. my daughter has never met her great grandmother because of the travel ban and i could give an example as to why as a private e citizen and a law professor i spoke out, but i pledge to you that if confirmed, it is my duty to do what i did as a senate a staffer to set aside politics and ensure every single person in the country, irrespective of political party and opinions. >> thank you madam chair. >> ic senator tester. are you ready?
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>> i am ready to rock. thank you madam chair. the other folks can take a break because all of my questions are going to be focused on the chairwoman rosenworcel and thank you all for being here. i don't need to tell you that internet access has always been a major challenge particularly in states like montana. this pandemic has only exacerbated those challenges. congress and the fcc schools have received $150,000 for emergency connectivity funds. doesn't sound like a lot but it's a lot for montana. health providers receive nearly $2.9 million through the fcc telehealth program. as of this last monday we got nearly 13,000 households in montana that are using emergency broadband benefit programs, and
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now we've got the infrastructure investment jobs act which i am familiar with because i'm one of the ten that helped negotiate it. we are going to see 65 billion in investments of the infrastructure which should close the digital divide. if you disagree with me on that, let me know. but the truth is this, how do you plan to coordinate with the end tia on the implementation of the broadband provisions in the infrastructure investment jobs act? >> thank you, senator, for the question and all those numbers. the legislation that was just signed into law on monday is our best shot at closing the divide for t this generation, so we are going to have todi coordinate wh the department that has primary authority for the funds like we never had before. i am aware of that we have to make that a priority going
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forward. anticipation of the legislation we signed a memorandum of understanding with data sharing and we've already shared at the theconstruction notification wih the department of commerce but i want to open all ofen the books and information to them because it is the only way we are going to w execute on these funds and address the digital divide. a. >> i'm going to put you on the spot because i don't know that you're going to answer this question but i do want to get your perspective. this bill was passed and signed on monday. from your seat how do you think we can get these dollars out? >> this is a good question. i think i would probably need to do some review of the law itself, but i think that the department of commerce if they were asking me for three pieces of advice, first i would say work with the data. a second make sure there are clear penalties up front if anyone takes the dollars and it doesn't perform and third i would to say i put some premium on the project that are ones
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that we can move on fast. >> okay. well, thanks. look, we've got seven indian reservations in montana and quite honestly, the investments in communication infrastructure isn't where it needs to be. the fcc has a fact that says 68% of the people that live in rural areas r and tribal lands don't have access to broadband. if it's more than two thirds of the people that don't even have access and tribal colleges and universities often pay more for slower internet than other higher education institutions. so how is the fcc to working with communities to improve access and how can the fcc and prove it's tribal engagement process? >> thank you for the question. it can't be the native communities are the last to see the benefits of the digital age,
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but the numbers like you describe suggest that we have a real problem, and we have to take special action to address it. one thing the fcc has been doing is we have been issuing licenses in the band to tribes in rural areas across the country. we've issued more than 300 of them.is this is a once-in-a-lifetime opportunity to show up, get a license and use that to serve your community. updating the policies to support tribal libraries not every tribal library canno apply for funds under the existing system. i'm working with my colleagues right now to fix that. we have to expand of the engagement and we are already starting to do that on mapping and then you mentioned the tribal colleges. i know we have close to three dozen of them in the country. many of them are in rural locations and punch above their weight when it comes to the service they provide to the
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services and communities and we have toe make a specialized effort to do more to ensure they have full access to broadband is so they can take advantage of the full opportunities of the digital age. >> thank you very much and i lookok forward to voting for yor confirmation. >> thank you. senatoren blackburn. >> chairwoman, i'd like to come to you first and thank you for the time. i want to say thank you and congratulate you on the successful option that you just completed a. let's talk about spectrum because all these other issues cannot be resolved if we do not have the spectrum that is needed and have that deployed. we recently had a couple of things. they've kind of gotten outside of their jurisdiction i would say when it comes to spectrum
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and the fcc is working to clear more. we also have the issue with the faa raising objections and questions that they've never raised through this entire process and a slowing the 5g systems. so when it comes to dealing with this commercial side of the spectrum, let's talk about how you're going to approach that and approach the utilization, how you're going to keep the agencies from squatting. we have issues at the dod how dod howyou will deal with becaue spectrum is what is going to allow us to close theal digital divide, to utilize wireless, to get the internet into areas where we cannot get fiber.
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>> thank you. the future is wireless, so these issues are important for every aspect of civic and commercial life and we are always going to be looking for new airway is to put to use for the economy to increase innovation with allocations i would just say going forward we need a whole of government approach to this and engineers working in concert rather than acrosss the purpose is. so, a few things i think could help. first, i hope they can speak as it is authorized to do so for the federal government spectrum interest to speak through the confidence that they are acting on behalf of other federal authorities without allocation. it wase to streamline the procs
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instead of having us have to talk to all of these other authorities. second, i think we could revisit the memorandum of understanding between the end tia with may be updated timelines or agreements about the methodologies and testing what harmful interference looks like. and then third this is a long-term project but we have to think about what the incentive structure is for the spectrum allocation to the federal authorities. they will only see loss rather than gain from the reallocation, and we have to get smarter about building the incentives on their side so that we can be more successful when we try to repurpose for the commercial use. >> i agree with you on that last part wholeheartedly and going back to discussions we had when i was in the house and you were appearing before us, as you know it is time to conduct an inventory of all spectrum and
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that is allocated to defend federal agencies so that we know what is there and what is being used,, but is not being used and what we can recoup for the commercialization so i look forward to those conversations. mr. bedoya, i would like to come to you please. i had discussed with you the legislation that senator blumenthal and klobuchar and i had done and you said you wanted more time to work on that issue, so i wanted to see if you had taken the time to look at it and how you would, what possession you would take with that legislation andad if you had changes that you would offer to the legislation.
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i will say, senator blumenthal and i do think that this is an important one to move forward because it is imperative that we have a competitive marketplace. >> thank you for the question, senator. a strong bill and important and i will tell you why. in the very first senate hearing that i staffed, we looked at the ad marketplaces and this trade-off we will make sure that the apps in the marketplaces are safe and secure and that's why we need to protect the gardens but what we found admittedly was ten years ago the marketplace had been open for several years if that and not one had been removed for the failure to adequately protect geolocation information despite the problems on the hearings of the data.
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>> do you like the bill or not? >> of course, senator. we will look forward did i pronounce that right? say it one more time. i didn't know which syllable had the d emphasis, so thank you for that. i do have a question for you in the interest of time i will submit it for a written response. thank yout madam chair. >> next we will go to senator rosen. >> thank you madam chair. appreciate the hearing today and i'm very excited for all the nominees to come forward and serve the country. pleased to have you with us today but i want to start with broadband mapping and maternal
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mapping because one of the lessons that we've learned during the pandemic is how critical it is for all americans to have access to affordable broadband. i'm sowh glad this week presidet biden signed into law the infrastructure jobs act that has historic investment in broadband access and affordability but among other things it's allowed us to connect to telemedicine it's not always a perfect substitute for receiving a physical evaluation. however it is useful in assessing whether or not they should designate in prison treatment in the positions that they were more likely to keep their appointment. it can also keep pregnant and new mothers safe while accessing the care they need in rural areas especially throughout nevada, lack of access too medical care which would direct
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them to consult on the maternal health outcomes into the broadband health map to show the broadband access. chairwoman, can you discussed the importance of the broadband access as a way of taking a holistic approach on addressing maternal and infant mortality and of courseng if confirmed we know black and indigenous women are three times more likely as white women to die from pregnancyhr related causes. will you help us address these
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gaps? >> yes, senator, the short answer is obviously yes. the united states the only industrialized country with a levels of rising mortality. it is incredible and affects women of color and women in rural areas because more than half of the counties no longer have a maternity ward. during my time as a commissioner at the agency, i visited with the university of arkansas medical school and also the mayo clinic to talk about the technology they can use with broadband to help monitor pregnant women that are most at risk. they are incredible, available. the technologies exist and they are dependent onst broadband so the more we give to more people land or places the more we will be able to use those tools to address it and i think it is a multilayered mapping where we think about a problem and what technology solutionsob and overy them on the nation's broadband map is going to be pressing for also thinking about other
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problems beyond healthcare and maternal mortality. >> dealing with some of the outcomes there as we go forward, thank you for that. i want to move on. mr. bedoya, i'd like to ask you a few questions about those, questions i posed to the commissioners when they testify before the committee in august. nevada is home to thousands of families that make up the diversity of my wonderful state and nation and nearly 30% identify as latino and some of the members and communities go through a process to become american citizens and far too often they are a target of scammers and pose to help them through the challenging process. wewe know one form of deceptions the scam with a public notary claim to act as attorneys and if
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they do take advantage of the communities so in the interest of time i knowhe that you have d campaigns about this but if you are confirmed, what kind of outreach do you think we should do to protect people so that they do d not become victims of these scams? >> thank you for that question and ion will share that a studet of mine, this happened to a student of mine that wrote about this and how his family was cheated out of a lot of money that they didn't really have by one of these. senator, i think it is critical that the commission help people regardless of the language they speak. one of the unsung accomplishments was the work to run the conference is called common ground conferences where they went to spanish-speaking communities and made sure they were in touch with local state attorneys general to prepare people and put them on the
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lookout and one of the things i pledge for you to do if confirmed is to make sure this work is continuing not just with spanish but new mexico and minnesota making sure that everyone in the country regardless the language they speak is protected against fraud.s >> thank you and i appreciate that. in the interest of time i have questions on telecommunications for the deaf and hard of hearing and i will submit those for the record. thank you madam chair. >> senator lee. >> thank you madam chair. mr. bedoya, i appreciate it at the time you and i spentnt about two weeks ago you were kind enough to give me some time and answer my questions. there were a lot of questions i had and these are the kind of questions that need to a be answered. some of them you didn't have complete answers, understandably in some ways but there's been a couple of weeks of lapses of the
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conversation, so i'm hoping today i can get answers on basic questions, things that ought to be answerable with a yes or no. i'd appreciate if you could give me a yes or no answer in response to each of these as necessary. first, can you commit that if confirmed you will be committed to enforcing the consumerr welfare standard under precedent as it now stands? >> i committed to enforce the law and emphatically support efforts to ensure the standard include not just price but output, quality, choice, innovation.. there are critiques of how the standard apply. >> i would just encourage you i need a yes or no answer and then you can supplement afterwards with any supplemental
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information. as we are bound to i believe. >> should they use the rulemaking authority when it comes to unfair methods of competition? under section five? >> yes. i do believe that if the commission is to bee called on o police big tech it means every tool at its disposal and i do believe the structure and the history -- >> i have very limited time so i appreciate the answer. yes or no. do you agree with the recent decision to resend the antitruss enforcement statement to the antitrust policy statement? this one my specialties privacy i'd like to have the benefit of staff. i am acutely i will take that to
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mean you are not prepared to answer that one. should they be focused on enforcement and at adjudication rather than expansive rulemaking? >> i believe it is charged by congress to do both. the meat and potatoes of the enforcement when given the express authority i think it's important to use it as necessary. >> looking for yes or no these are very simple answers that can and should produce a binary result. should it be focused on enforcement and at adjudication rather than expansive rulemaking, yes or no? >> yes, primarilyy. enforcement. >> despite the fact that they've left the commission, the chairok is still voting for them by
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proxy and despite there being only four commissioners at the moment. supporting the use for the former commissioners on current proceedings even after the commissioners left the ftc? >> i have not read into that. i would like the chance to get back to you in writing as soon .as possible. >> should they exercise be delegated to it by congress? >> thank you. can they use the rulemaking power to circumvent the legal precedents with which it disagrees? >> i don't think that is a good idea. >> so that is a no. they recently voted with a vote of 3-2 to eliminate procedural rules relating to section 18 and rulemaking authority do you support this decision? >> i can't speak>> to the decisn to resend it but it is appropriate to exercise
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the authority that was granted by congress under the law. >> were there any limits to the rules and commission has the authority to promulgate under 6g ofe the act that is to define te unfair or deceptive trade practices were unfair methods of competition? >> you would have to go under the restrictions because you could only do prevalent practices and -- >> the ftc only recently voted to require the support of a singlequ commissioner to open investigations as opposed to the practice of having a majority of commissioners. do you support thatup position? >> i support the agency having the tools at the disposal for the consumer protectiono and competition. >> i understand that answer but
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that isn't answering the question. do you support that particular decision that i'm describing? to allow things to proceed rather than with a vote of the commissioners to put a single commissioner. >> for investigations, yes, sir. >> i seeed my time is expired. i appreciate you trying to answer the questions i do believe each one of the questions could and should be subject to a reasonable yes or no answer. i haven't gotten that today. i should have gotten that and that is deeply concerning to me. thank you. >> thank you madam chair. i want to thank senator llewellyn for letting me get ahead today. it's great to see you again and thank you so much for coming to jackson county, georgia just
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last week at my invitation i think it was an important conversation that you gave us an opportunity to hear from georgians about the importance of broadband and the challenges that they are having and how best to get the job done with respect to the signing a couple of days ago the bipartisan infrastructure will. you and i had some great conversations there and you got the chance to talk with georgians on the ground, but i was particularly struck by one conversation that we had with the third-year medical student you will recall he was at the morehouse school of medicine. he said because his house had a such slow speeds, he had to drive to a friend's house to finish his homework. his medical school homework.
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obviously we need to be making our way through the remainder of the pandemic and he's trying to get online. we also heard from a parent about how the internet is so slow if both she and her daughter are trying to logon, neither of them can get anything done. she's a nurse practitioner online and it needs to do broadband work. her daughter needs it to study and they can't be online at the same time. i think this is a travesty. i think broadband is to the 21st century what electricity and electric lights were to the 20th century and the lack of reliable broadband is hurting our kids and services like telehealth and the economy. if confirmed will you commit to working with me and others to support the big goal of connecting every single household in georgia
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particularly the rural areas in georgia and all across the country to broadband, and can you speak to where that will fit into the portfolio of priorities? >> thank you for the invitation to join you in georgia last week which wasn't a hardship assignment. i can't imagine being in medical school just because that's what you needed to do during class and the pandemic so io had some conviction he's going to be an awfully good dr. one day. but the bottom line this is the moment we are going to do something audacious and connect every household in the country and we are not going to stop until we get 100% with fast, reliable and affordable broadband and i think we should to say it clearly and simply because it has to be the goal to produce more equity in the
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system and more opportunity for the entire nation. >> thank you and i was honored to be with you as we heard from these families. theis broadband is multi tiered multitiertalking about the accey andul affordability, talking abt access to devices to take sadvantage of broadband. the devices couldn't get online but some can't afford laptops and tablets and when working families are struggling to afford monthly bills they don't have hundreds of dollars lying around to purchase the device. about four in ten lower income families don't have a laptop or a tablet at home. do you agree that ensuring that all families have access to laptops and tablets is a critical component to closing the digital divide?
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>> yes, i do. >> that's why i introduced the access bill for the devices like laptops and tablets for free to low income families so that parents and kidsen can access opportunities for work, school and more. this legislation is part of the build back better package and i'm going to work hard until we get it signed into law to make sure everybody is connected. >> absolutely. thank you. >> thank you. senator cruz. >> thank you madam chair. i'm going to direct my questions to mr. bedoya. the biden administration has nominated a number of extreme
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nominees, radicals who advocated the banking regulator trained in the soviet union and advocates the banks and to describe thousands ofes businesses across america and as i look at your record you fall firmly in that line and the record of someone who has been a left-wing activist, provocateur, bomb thrower and extremist so i want to take a minute to explore your views. i took a look at twitter. you've been very active on twitter. what are your views? >> thank you for thates questio, senator.
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i have called attention to what i see as a first amendment violation and face recognition searches into these are measures that have triggered oversight. >> i am not talking about the things you say when you are wearing a suit and tie about fourth amendment violations. i'm talking about what you tweet to the world and i refer you to one from february 206th, 2021 it's time to call it what it is, and out-of-control domestic surveillance agency that peers into all of our lives. that isn't simply a comment about an abstract for the amendment issue and let's be clear you also have on april 10, 2021 a tweet that is certainly not lacking in subtlety but says maryland police have no business working with ice are you with
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the more radical members and arguing and advocate for abolishing? >> i am not, senator. that last message was rhetoric. bill posted in support of was a bill that required the government to get a warrant before scanning one of the most prominent republicans in the senate and so i have occasionally used rhetoric about i've worked with you and your staff when i was a staffer in 2013 and the bill that i helped
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draft and you cosponsored as an amendment so i believe that i can and will work alongside of politics to help the constituents into those across the country. >> let's's take a look at june 203rd, 2018 in this case you are blasting a fellow democrat decorum directed at steny hoyer, howell swept. thousands of latino kids still forcibly separated from their parents, some in cages and you go on cnn to ask for the quorum form members of the hispanic caucus. you should apologize to those members and to the latino community. you are blasting not just federal law enforcement, but alsorc democrats who were not sufficiently extreme to your liking when it comes to immigration, is that right?
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>> i think family separation, the kids off the border -- >> you are troubled by those? >> as i was troubled with what happened -- >> have you said one word about ththe cages of joe biden since t was a democrat president? >> respectfully i believe i have in certain circumstances criticized the immigration policy. >> have you said a word about the cages or is that rhetoric only directed at your political opponents? >> i can't say whether i've used the word cages but i do believe i've been critical of democrats and republicans alike. >> that is your sworn testimony
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today? >> the message with respect to the leader speak to that. >> here's another one where she says we are learning daily of theconsequences of having had a white supremacist administration. do you embrace the practice of the far left of blasting the political opponents and do you think that kind of rhetoric is suitable for what is supposed to be an independent agency and the law? >> i don't recall sharing that. i don't believe the prior administration was a white supremacist administration. i worked with democrats and republicans alike on the committee. >> i gave a speech where i said
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critical race theory is bigoted and every bit as racist as the klansmanry and you retweeted soe fellow slamming the door. i take it you disagree with the ioproposition that critical race theory is bigoted, so tell us your views on the critical race theory. >> senator, the secretary's great-grandfather was a slave in gaithersburg maryland do you agree that america is fundamentally racist and all white people are racist and institutions are irredeemably racist? >> senator, i do not believe all white people are racist. i haven't given great thought to it before this hearing but i do
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not think all white people are racist and i can't recall the other provisions of the question, sir. >> i would ask unanimous consent. >> commissioner, as i said in my opening statement, and it's refreshing to finally be havingg the hearing as we are having a conversation about the importance of having the federal communications commission the importance of what i hope will be a confirmed director as well, the importance of having a full if tcu given all the challenges that this committee has had beforeen whether it be the revelations in "the wall street journal" with facebook and influence of protecting children, the importance of privacy and the work that is being done and i want to say thank you to the chair and of the ranking member for being here and i look forward to the other hearings where it's my
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hope that the 67 members that supported the bipartisan infrastructure package with $65 billion for the department of commerce mainly the end tia moved swiftly as well to confirm a director so we could get that money into the communities but i wanto to highlight some of the work that still needs to be done to protect consumers in new mexico for all forms of connectivity and security for families in my state particularly in rural and tribal communities promoting affordable resilient secure broadband should be at the core of the mission. congress wasn't clarified in the jurisdiction particularly the user privacy. the ftc just completed a report on the practices of internet service providers that gives mores evidence. the congress must move comprehensive privacy legislation, so my question is both for chairwoman rosenworcel and for mr. bedoya.
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chairwoman rosenworcel, yes or no do you commit to the committee to protect consumer privacy including and ensuring p that the tech platforms and internet service providers recognize their duty to secure and minimize the use of individual identifiable information? >> thank you for the question the answer is yes. >> mr. bedoya, the same question. >> yes sir absolutely. >> should thein communities have challenges when it comes to access? access to high-speed affordable broadband, commissioner rosenworcel you rode on a bus with me in rural new mexico, which was retrofitted so students can access the internet. we now see the deployment of more of this across america. students are more end-to-end and the students are able to get work done as well. it's also become more difficult to access local news and understand development in our own communities. particularly for those that speak spanish at home.
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they can no longer rely on the review that is largely shifted to facebook and google and as we have seen the local voices are difficult to hear through all the noise were the misinformation is often the loudest and the social media companies are doing much worse with bringing accountability to non-english language mainly spanish-language when it comes to misinformation. what can wein do to support locl broadcasters and newspapers so they continue to serve the needs and interest of the communities in the country? >> thank you for the question. it's important for our democracy that we all get the news that we need to make decisions about the communities where we live and that goes to the heart of the spectrum licenses for broadcasting because under the law it is to serve the community that they are in and i think that over time they have tour figure out more ways to encourage them to use that license to serve the community
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because that is a resource we have for news in the world today and we need to make sure that we support it. >> i've been an advocate and i worked with senate colleagues now and with a member of the u.s. house of representatives in this space and it's another conversation that i hope we can have going forward. i recently was in the southwestern new mexico population of about 3,500 in the county and the small-town reserve which had between 250 to 500 people. some of the people that came to chat with me give to their internet from satellite connection but they are subjected to data caps and they are not the only ones. some of my constituents that receive access to the internet through their phones or other subscriptions are often subjected to the data caps. i don't believe people should be paying for long distance calls anymore. i thinknk that is predominantly
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still using the service when they could make a free call from a mobile device if they have both in their home and we should look to modernize the revenue streams. i think that there are some ways we can get to the bottom of making access more affordable so we can keep people from having mto make choices especially whn it comes to not using the connection for telehealth or teachers trying to support the students i do want to thank mr. bedoya for coming forward. the other questions that i have for youth i want to again say thank you for the work that you've done especially in the area of facial recognition and what has led to facebook finally inadmitting that they should not have been collecting that data in the united states andho they are taking itat down but i do lk forward to a full functioning
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and especially again reminding the commissioners that you are right, as i said earlier, two, four, plus mr. bedoya who i hope will be five on getting to the bottom of what's happening with the prices especially given the letter that president biden recently sent. thank you madam chair. >> thank you. >> thank you madam chairman. my questions are primarily for chairwoman rosenworcel, so thank you for being here today. wyoming is one of the states that has had to start developing its own broadband map as a direct result ofof the fcc slow pace and releasing maps so, what is w your message to the states like wyoming that are creating their own maps? >> thank you, senator, for the question. for too long the fcc collected data for its maps based only on the census blocks, and we would make this assumption if there
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was a single subscriber to broadband in a census block in wyoming, then inevitably the service would be available throughout and you don't have to be much of a statistician to know that is not correct. when congress passed the broadband data act and you gave us the ability to improve on that, working through the government procurement process to secure it broadband service location fabric with the geocoded data about every single structure in the country where we could build broadband, so we are going to do a whole lot better. i know we are not going to do it by ourselves. we have to have outreach like wyoming and others to make sure that they are collecting information about what's going on in their backyard that works for the methods and standards that we have at the federal level. we are starting that right now and working with some that might include the state of wyoming to do that, and i'm optimistic if we work together on this we will have the data that is radically superior to anything that the fcc has had in the past. >> i look forward to working
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with you on that. >> as you know, the countries that run the race will determine the standards and security of the infrastructure throughout the globe. we are in jeopardy of losing the race and need spectrum to launch ahead of the competition. will you commit to move quickly to establish new 12 gigahertz rules if you find coexistence as possible between terrestrial and satellite users in the band? >> i absolutely agree and in fact we are coming to the end of the gigahertz band right now as i speak and made a band spectrum is where we will grow the economy. we have a proceeding on the 12 gigahertz band and there is a lot of engineering issues we are combing through from front to back because we want to be really careful about further
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deployment making sure there is no interference to the satellite services that may use it today. i'm going to jump today to some issues about the universal service fund. i've heard from service providers in my state that are being squeezed by big tech and streamingg companies taking up o 75% in rural broadband networks without contributing to the universal service i fund, so in this case the video streamers have the cost of that can't be passed on to subscribers because of affordability concerns and high cost rural areas. my friend from new mexico eluded to some of the issues related to the service fund as well. what are your thoughts about expandingou the basis that contribute to the service fund?
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>> thank you for the question. this has come up before. congress established that back in 96 which was a long time ago and the services were not a part of the communications mix. i think that this needs a fresh look, and i think expanding it like you described is a discussion we should have and it would require legislation from the commerce to dos so. >> we would look forward to having a report that the study is the cost of the middle mile and what cost should be covered by the usf so i will look forward to working with you on that. now in wyoming we are concerned about the use of taxpayer dollars to over build networks where there is already service where there are areas of the states that have no service.
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they all have programs that support the broadband deployment. how would you characterize between these agencies and are you concerned about this issue? >> we signed a memorandum of understanding and the agencies and we've got to work with them more carefully, more often in light of the legislation. >> thank youlo and i apologize r the repetitiveness and my questions. i expect they are repetitive because it's important to more than just wyoming but thank you madam chair and i will yield back. >> thank you to the nominees for
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joining us today. president biden signed into law the infrastructure investment into jobs act. i was proud to work with senator portman, cantwell and many colleagues on both sides of the aisle too pass the law that includes the investment in closing the digital divide. it works on $65 billion in broadband deployment and affordability for low income families, digital inclusion and specific programs for broadband expansion and areas. expecting a lot of the implemented manners to benefit the community so my first question i appreciate the work to improve connectivity particularly for telehealth where the students learning remotely during the pandemic and for tribal communities. the bipartisan infrastructure law provides a significant investment in broadband deployment with arizona set to receive hundreds of millions of
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dollars to expand access to broadband internet. this is crucial for those in rural and tribal areas but in order to allocate the broadband investments, they need to update the broadband map to determine which areas do not have accessd. to high-speed broadband. can you provide an update on the process and tell us whether these will be complete? >> thankor you for the question. the broadband data was passed in 2020 when i took over at the the agencythe first thing we dip a task force and procured the powers so we could takee in the data and start manipulating it to make sure we have a valid waiver states like arizona to challenge the data that the carriers provide us with and right now we work to finally procure and resolve a broadband a serviceable location fabric
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which will feature every buildable location in the united states. that's part a of the ongoing government contracting project that we are working very fast to finish and as soon we finish we are going to proceed with new data that data is vital for them to make smarter choices with of thenew funding they have from tt a bill. what exercise do you have? >> this is a terrific question. i would encourage them to even come w talk to us and we could tell them about what data and information we have and i would urge them too think about the entities that could apply for the funds that could include
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actors like rural electric co-ops and think beyond the hamiddle mile activities for competition in the state the commission would ask on the new legislation to the federal policy. i would support the methods and deceptive practices and if it
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extended to the data security, i would hope if confirmed to work with you and your staff to makeu sure that your concerns are addressed, but i do agree that it is preferable for congress to pass a law. unfortunately, if that doesn't happen, i want to make sure that your constituents and everyone else in the country is protected. but i very much would like to work with you on this question. i know that you are a leader on and particularly with respect to seniors. >> back to jersey 12 prior to the hearing the committee approved bipartisan legislation developed with senator susan collins on the modernization act. the bill doubles the existing penalties for individuals that provide misleading identification information. i hear from constituents in arizona who've been defrauded or are just annoyed a by cole's and they are particularly troubled
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those that are spoofed to look like their family and friends whose calling is you are compelled to pick up the phone osand answer. the legislation that he brought to the committee which would increase the fine that's terrific and it would help us as proceed with enforcement activity but as you mentioned there are other things we are doing to cut down by requiring it to be built into the networks and this network level we are engaged in the authentication practices that should help cut down on this activity over time with a mix of an enforcement and technology might be the way we will be able toe tackle these calls. >> thank you madam chair.
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my time is expired. itn thank the witnesses. i know it's been a long morning already but there is an important issue to put on the record in one fashion or another. i'm going to ask you to submit something for the record about commercial service leveraging for the manufacturers on the supplypl chain. all the legislation that's beina considered and also some supply-chain witnesses with a very lengthy answer which is very helpful for developing legislation so wesl ask you to submit a very lengthy answer on how the commercial service can be used on the expertise helping the u.s. manufacturers navigate.
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we supported the new replacement restoration grant program if confirmed we want to know how you will help with expertise at the department of transportation if you could help us with that. we could have a very active committee and lots to do, so i will start with you, commissioner rosenworcel. we talked about the mapping starting with my colleague. >> the key thing i'm looking for
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here is current mapping available. the people on the ground will tell you know why it is not here so we haven't always been sending our supportur structures and systems to the right places as a result of those maps so instead of thinking about the geography we have to now think of it by buildable location because if we don't go to that level of granularity and precision, we will continue to miss communities that are going assistance including from the most recent infrastructure legislation.
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>> i'm glad you said that last phrase. >> senator tester said they --the mapping that others have done is collaborative fashion in the actual household level the majority of the problem 65 to 70% i certainly don't want to shortchange the equation and we
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can keep going on this past year and acting like we are solving the broadband problem or we can actually get down to business but if he spent $65 million into ten years from now we still have all these people in this unaffordable category the reason i mention it and have been soso passionate about it we see these counties in the united states of americas with the worst broadbad service having the biggest covid problems. we are not communicating effectively with people and so i think the pandemic has shown us we have to get serious about these maps and about urban broadband deficiencies and why
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people don't have broadband i oulook forward to working with u on that and appreciate your work. i know you've been to my state and you care about affordability and we care about that we are better than most states but we've got to solve those problems. i'd like to turn to you and say i served on the judiciary for udtwo years and i learned lots f college professors say things in their professional careers that they get questioned about when heit comes for positions i think
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your commitment to continuing to serve on a bipartisan basis i take your comment wholeheartedly and i hope that that is what you will be able to achieve our colleagues brought up this issue many times in the discussion and i think that the issue for me is when we think about where we started, i should start for the second we authored and wrote we were successful getting into the cftc we did that after the crisis because manipulation of electricity markets caused havoc in my state and people wanted us to pay for that and the isolated
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oil market washington, oregon, california have the highest gas prices in the nation because we are an isolated market with all of that supply coming from alaska so it's hard to impact but we did have instances where those markets were holding supply outside of the united states to drive up cost. i had a provider justify before the energy committee that they thought they had the ability to do this and then try to blame it on the act outside of the united states so i want to know if you will use this authority i don't know what's happening in this instance as it relates to supply but i wanted to be investigated
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by the ftc. >> i commit to doing everything i can if confirmed to move forward many people told us this wasn't an antitrust issue that manipulation of supply can create artificial shortages and when you look at all of the schemes with supplies the morels so they would create a shortage we had one instance people said they had to shut down a plant and saw the data from the region
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when they said they were shut downta and there was a shortage. i believe in an aggressive enforcement and appreciate that. back to privacy. lots of my colleagues asked about privacy and the information age has grown beyond what people could imagine ten years ago and so now on the binding arbitration i went to ask you have software that literally enables people when you have a kids lineup for the
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arbitration agreements what do you think we need to do here to make sure that we are standing up for the privacy rights of individuals giving them protection? >> i don't think that it's saying let's go into the conference room having the privacy right isn't about getting in the box with the facebook lawyer can you give your views on that? >> definitely, senator. there's a place for arbitration in the system where there's two sophisticated corporate entities
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and i do not think that is a place they should be enforced. it typically involves routine players and often times the players that you visit the most get to choose the forum or pay for the forum occurring with respect to sexual assault, and i think it's critical that consumers have every right available to them and are able to defend that generally speaking in court. >> wee saw this decision based n the driving technology. if you are empowering people to monitor how fast they are doing this and driving, yes it was an incentive in this case for people to drive even faster and so for me this is a question of
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if you have these technologies that basically are enabling stocking you want them to go into a binding arbitration with the company it hardly feels like a fair day in court do you want to comment on this further? with respect to the wireless location i know that the fcc is forced against wireless carriers on these issues i just want to stay with the ftc nominee we need to address those with respect to consumers you can't have two unequal parties in a
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room i think it puts consumers at an extraordinaryge disadvantage. it can't be the best the legal system can produce. there may be issues of just you didn't remove my name from your listt in time. to recognize you might be giving away a whole lot of rights and b even though i've been trained as a lawyer i don't know how most of us are dealing with this on a daily basis but this isn't a system that is especially fair. it's changed in the risk that geevolved do you see the lion
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somewhere along the harm or the damage that is done i also think of data breaching and financial wherewithal is there some way you think we should try to change as i heard your answer to the question whether we might consider a rulemaking but what do you think we should do to address this issue? i think there's a couple things targeted. one is we are less focused to be honest with you. it's a shame that this is an issue ten years later back when i first started working on this i do think the commission had a
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critical action recently on the sand i would love to see more of them more broadly it's important to recognize that we can try to remedy them after the fact but part of the data for things like cyber stalking there need t to e rules when it comes to the egeolocation the ease with whih this information can be collected and for the targeted harm that also understands the ecosystem that facilitates it and put the rules on the road to
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protect those from occurring in the first place. >> what kind of quiet should they consider if there's been major harm done to be an individual? >> in my opinion, they have the ability to take the rights and defend them in court and often times law enforcers have a lot of things they have to worry about and sometimes privacy harms don't go to the top of that list i think i have to study with the general counsel's office and get back with you. >> would you do that off the record i appreciate an answer
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here those that wish the entities would be under the same rules so that's an issue as well. af lot of my colleagues have ben working on legislation forn a long time in these areas for the data hygiene and we are negligent if we don't try to figure this out you're not going to contain the growth of these activities if you don't have a strong deterrence and we can see this in so many different aspects. i truly believe the information age is a great time to be alive
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that's what we need to do. >> i know you joined us remotely because you have someone in the household that tested positive and i appreciate you participating today in the hearing. i think that concludes unless we have any other witnesses that want to ask questions but i don't believe so. at today's hearing i want to ask all the nominees if confirmed will you pledge to work collaboratively to provide timely responses to the request for information and appear before the committee when requested. >> yes.
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>> absolutely senators will have until monday november 202nd to submit questions for the record to the committee and witnesses willll have, senators will have until monday the 22nd to submit questions for the record and witnesses will o have one more week to respond to that so that concludes the hearing again thank you certainly appreciate everyone's participation today. thanks. >> [inaudible conversations]
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