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tv   FCC Chair Nominee Other Nominees Testify at Confirmation Hearing  CSPAN  November 19, 2021 12:21pm-3:25pm EST

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here and c-span2, online at c-span.org or on the go with c-span now our new video app. >> next the confirmation hearing for jessica rosenworcel to the fcc chair. she and other biden administration nominees testified before a senate committee for three hours. >> today the commerce committee will consider very important nominees and i want to thank them for their willingness to serve. first will consider the nomination of jessica rosenworcel to be commissioner and chair of the federal communicationsal commission. senator blumenthal will be providing a formal introduction but but i would like to say a few words. the pandemic has magnified the deep digital divide in our country and if confirmed chairwoman rosenworcel will be responsible for leading the agencies important work to ensure broadband accessibility for all americans. all schools transition studentsr
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to learning at home last year, 20% of students in washington state did not have reliable internet connection that would allow them to participate in remote learning. over 16 million k-12 students in the united states did not have access to reliable broadband at the beginning of thehe pandemic and over thehe past several yeas i've heard stories about students sitting in parking lots to access their wi-fi, do their homework in concerneder teachers who students don't have the connectivity. the pandemic has make clear the broadband access is no longer a luxury but a necessity to participate in nearly all aspects of society including educating our children. yesterdays distort $65 billion investment in broadband broadba obviously we need the mapping to go with this before we can get anything really done. the first -- as the first woman to serve as this chair, mr.
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rosenworcel brings nearly a decade of experience and important role for the commission. i'll look forward to hearing her thought on how the agency moves forward in our information age. next we'll consider the nomination of alvaro bedoya. federal trade commission to protect consumers from unfair and deceptive practices in commerce and promoting competition by enforcing the nation's anti-trust laws. in today's information economy the ftc mission never mattered more. the last several years we've seen 45% increase in consumer
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fraud and -- ftc -- straining capacity to rigorously investigate --. significant resources to create is it staff and dedicated consumer privacy data and security bureau at the ftc and restore the ftc's ability to seek penalties from companies that violate the law and victimize consumers as well as comprehensive federal privacy legislation. we have also been exploring new legal authority to tackle privacy and data security and ways to prevent abuse that are all too common online. mr. bedoya will bring a wealth of experience and expertise to this role as a professor at georgetown law and founder of center on privacy and technology. he's dedicated his career to advancing the law and policy on privacy and surveillance. mr. bedoya has served chiefs council on the senate judiciary committee on privacy technology and the law. so i believe he's the right
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person to carry out this mission and to ensure that consumers can harness the opportunities of the information age. next we'll consider the nomination of janie boboshi to be deputy noah administrator. nomination could not be more timely infrastructure and jobs act and hopefully soon the build back better act requires strategic leadership to help noah execute. she has an impressive background including leading climate resiliency programs for new york city, mayors office of climate resiliency, white house council on environmental quality and previously is she served as noah where she was responsible for environmental justice and led the agencies policies and initiatives on the deep water horizon oil spill.
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environmental justice separate from climate change, adaptation and mitigation at expense of underserved communities of color and tribal communities and these communities are to be at the forefront of adaptation and mitigation. this is particularly of concern to me in the state of washington where so many of our tribes are on our coastal communities and literally need to move to higher ground. finally, we will hear from arun -- say your name for me please. okay. veng tropin. thank you so much for your willingness to serve to be assistant secretary of commerce and director general at the --. if confirmed he would play key role in helping small and medium sized enterprises enter and compete in foreign markets. more than 80% of the world's purchasing power, 95% of the population resides outside the
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united states. in washington state, one in three jobs depend on trade and access to overseas markets is critical for small and medium sized manufacturers in my state and across the united states. these companies provide for one-third of u.s. merchandise exports. this is why we passed the united states innovation and competitiveness act because it provides more funding for manufacturers, research funding and the manufacturing program to support supply chain resiliency. more than 20 years experience in advising companies on international thank you all for your willingness to serve and i now would like to turn to my colleague for his opening statement. >> thank you madam chair for holding this hearing to consider the nominations of jessica
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rosenworcel for new term as commissioner at the federal communications commission. mr. alfaro bedoya to be commissioner of the federal trait commission. ms. jadedy bobichi for commerce and oceans and atmosphere. and mr. arun veng troemen to be assistant secretary of --. it really speaks to the diversity of our great nation that we have so many last names that give you and me a bit of pause. we're delighted to have them here today. and i want to -- i want to congratulate our old friend chairwoman rosenworcel on being the first woman to chair the
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fcc. well known to the committee. confirmed twice by the senate for two terms at the fcc. given the significant amount of broadband funding that will be made available through the recently enacted bipartisan infrastructure package, and particularly interested in hearing the chair's plan for ensuring that the, of course, produces accurate coverage maps in a timely manner. i know she's astonished that i would mention that sort of thing. we cannot afford to repeat the mistakes of the past. during which government funding was used to overbill in some areas. while living many other communities unserved. the fcc is at the epicenter of number of key communications -- including spectrum policy 45 g rural broadband subsidies and internet regulation. ao i look forward to discussing these matters with ms.
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rosenworcel. mr. bedoya -- should be resolved through 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. for over 100 years the ftc has been the chief consumer protection agency in the united states. its core mission to protect consumers from unfair or deceptive acts or practices and unfair methods of competition is essential to a well-functioning economy. i look forward to hearing from mr. bedoya about his plans if confirmed to enhance the privacy
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and security of americans personal data, to combat fraud and scams and promote competition in today's information economy. miss -- has been the director of new york city -- resilience 2017 having served on the white house council environmental quality during the obama administration. keenly interested in hearing her plans should she become assistant secretary for oceans and atmosphere. i want to stress that noah should always be counted by scientific standards and never by a partisan agenda. and i anticipate that mr. poef shi will want to give the committee her perspective on these fundamental principles. mr. vin cot rimmen -- mr. vin
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cot rimmen is quite familiar with the department of commerce since he currently service as senior advisor to secretary and previously as director of policy at the international trade administration during the obama administration. i hope he will share his goals for trade and keeping -- helping u.s. companies get started with exporting or increasing sales to new global markets. i thank all the nominees for before the committee today. i understand mr. bedoya is not ill but quarantined, perhaps exposed to covid, and we look forward to a robust hearing. thank you madam chair. >> thank you senator wicker. senator blumenthal.
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>> thanks very much madam chair and thanks for your leadership on these nominations and thank you to the nominees for your willingness to serve. the diversity attests to the greatness of our country. and at a time -- difficulty pronouncing blumenthal as a nominee. so we've welcomed you here and celebrate your nominations, i am 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
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wesleyan although she went to new york university for law school, but i've worked with her closely as have many members of our committee over the years. and i know that we are very familiar with her qualifications on this committee. got her start at the ftc first as professional staff and then legal advisor to the commissioner. she worked for the commerce committee as senior council. and she has really been a distinguished champion, energetic and aggressive. champion of consumers, of causes of price and neutrality. i've worked with her on fighting the abusive effects of robo
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calls. and efforts to provide for coordination. but apart from all of those specific issues, she has a very extraordinary ability to put complex issues in terms that every day americans can understand. she invented the term to describe the increasing digital divides that unfortunately increasingly impede children in their efforts to stay current and study when they need broadband access. and her leadership and commitment to working on clothing the digital divide and ending homework gap i think have been extremely productive and significant. we have really a once in a lifetime opportunity here.
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to confirm an ftc chairman. she's been a champion of making broadband more affordable and addressing the digital divide on disadvantaged communities. in particular i've watched her in hartford talk about this issue with -- clarity this moment really demands and i know she will make us proud as she has already of her public service when she's confirmed as the next chairman of the federal communications commission. thank you to you and your family. commissioner rosenworcel and wish you well. i know they are watching and they are --. thank you.
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>> thank you senator blumenthal. now senator lieu han introducing mr. bedoya. >> thank you. it is my pleasure to introduce mr. alvaro bedoya. his nomination to the federal trade commission is a clear example to the administration's commitment that united states is at its strongest when our 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 approve alvaro bedoya. mr. bedoya is the founding director of the center on privacy and technology at georgetown law where he's a visiting professor. his research and advocacy centers on the idea that privacy, an essential civil rights that privacy is for everyone. as senate council in united states senate from 2009-14, mr. bedoya acted to protect victims
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of sexual assault, conducted oversight hearings of technology and fought to protect the privacy of public from government overreach. a graduate harvard college and yale law school, mr. bedoya lives in rockville, maryland with his two children and his wife dr. see ma bedoya. a pediatric psychologist at the national institutes of health national cancer institute. in 2020 professor bedoya delivered the united states senator dennis chavez memorial lecture in law and civil rights at the university of new mexico school of law. many of you know that senator dennis chavez who was a fellow new mexicoen was the first united states-born latino serve in the united states senate. senator chavez understood that protecting privacy is critical to preserve equality. and than lecture, bedoya quoted senator chavez's timeless words.
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i contend that we are a nation of dissenters. privacy is critical to preserving that fundamental right to dissent in our democracy. the role mr. bedoya will play at the ftc to preserve privacy rights will ensure all americans keep their fundamental right to public disclosure but it is more than just words. his 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 point and was part of raising it to a national significance. just two weeks ago facebook announced that it would shut down its facial recognition system and delete data used to identify individuals. such progress would not be possible without the work of mr. bedoya who has shown the public, lawmakers and private companies the serious dangers of such
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technologies to all americans. today he teaches in the same law school that accepted senator dennis chavez when el senator, as he was known, was 29 years old with only a 7th grade education. i know mr. bedoya understands the deep significance of the legacy. if confirmed the only latino in a senate confirmed position at the ftc, federal communication commission or consumer protection bureau. and since i have the time i want to also add words to support commissioner rosenworcel's nomination. my only frustration with the commissioners nomination is that it was not done in march. this is long overdue and with a strong pipesen vote this should have been done months ago. i look forward to the hearing. since there are two ftc
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commissioners here want to bring to the attention of the committee a letter sent by president biden to the ftc regarding the concerns that we all have and that is the rising cost of gas prices. in this 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 two largest players of the industry, exxon mobil and chevron have doubled net income since 2019 while announcing billions of dollars in plans to issue dividends and buy back stock. if these prices reflect same as we're seeing as refiners people would be saving 25 cents a gallon at the pump. i hope we can shed light on this, bring attention to what's happening with the opec cartels and help bring relief to the american people. and i thank you for the time mr. chairman. look forward to the hearing.
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>> thank you. begin our testimony starting with mr. rosenworcel. >> good morning and thank you to the chair t ranking member and other members of this committee. as the tremendous honor to be nominated and designated the first permanent chairwoman ots the federal communications commission. this is historic and i would like to think president biden for the opportunity. i also would like to thank my husband mark and children caroline and emmett and while we're at it the newest member of ow family our pandemic rescue pup, bo. it's been a privilege to lead the ftc in acting capacity in 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 has demonstrated with total clarity that we need modern communications to reach us all. because more than ever before americans count on the ftc to
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support the connections they need to work, to learn, to access healthcare and access the information we all need to make decisions about our lives, our community and our country. i know the ftc staff are up to this task. they are an exceptional group of public servants and i think public service is a special calling. i also like to think it runs in my family. my father served in the air force and later went on to a career after nephrologist in hartford connecticut. he ran the clinic for hypertension and kidney failure. my mother spent over two decades helping run a soup kitchen in hartford. my great grandfather before them also served the public just in a different way. he swept the streets of new york. i think communications technologies are the infrastructure of opportunity. these are the connections physical and digital that can
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strengthen our mutual bond, grow our economy and create new jobs. help us work, learn, be informed, enlighten and entertain. and help us break down bairz that for too long have held many back.rriers that for too long have held many back. public safety is paramount. new technologies touch every aspect of our lives. we need them to be secure and resilient. that means universal service, no matter who you are or where you live in this country, urban, rural or anything in between, you need access to modern communications to have a fair shot at digital age success. that means competition. because it is the most effective way to foster innovation and make sure the public reap this is benefit. and -- fierce commitment to consumer protection. i think at the ftc we have put these values into practice over the last ten months, with the support of my colleague, we've
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worked on a bipartisan basis to set up the nations largest ever broadband affordability program known as the emergency broadband benefit which now has seven and a half million household enrolled. we work together to launch the emergency connectivity fund t first nationwide effort to close the homework gap so no child is left offline. we have made historic investments in telehealth, technology all across the country and we've kicked off a major auction of mid band spectrum in the three dot four five gigahertz which is violate for leadership and 5g service. and just a few weeks ago successfully started the nation's first ever secure and trusted communications networks reimbursement program so network provider kansas remove and replace vulnerable equipment. this is a lot. but there is more work to do. we need to make sure 100% of this country has access to fast, affordable and reliable
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broadband. that means every household, every business, every consumer, everyone, everywhere. and to do this we will need greater coordination against federal, state, local and tribal governments. renewed vigilance to make sure our communications network are safe and secure and foster innovation across the board to insure the technological leadership of the united states continue answer global stage. if confirmed, it will be an honor to lead this charge. and if confirmed, i pledge to listen to this committee which not lo long ago i had the great honor of serving as council. so i know deep in my bones how important it is for each of you to have a good relationship with the agency. and i pledge to --. thank you. >> thank you very much. we'll know proceed to mr. bedoya. please proceed with your testimony. >> thank you, senator. thank you madam chair.
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ranking member wicker and members of the committee. i appreciate the ability to testify remotely due to our family's covid exposure. i want to thank president biden for the trust he's placed in me. chair khan -- for being there today. i wish i could be there with you. i want to thank my family. my wife ecologist for the quds at the national cancer institute --. my mother teaches community college in richmond, virginia. my dad was watching us in lima, peru. my brother and sister-in-law and mother and father-in-law watching from louisiana. and lastly my daughter and son they love them. i have been working on privacy
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and consumer protection for over a dozen years. but for me, my work really began around late 2011 and when the subcommittee i served call for a hearing on smart phone geolocation technology. right after that hearing one of the first messages we got wasn't from a privacy group or consumer group. it was from the minnesota coalition for battered women. and they told us that often times when women arrive in their shelters they were actually getting tracked by their abusers through secret spyware. and this message, here we were about to hold a hearing on global positioning systems and cell phone location and here was the shelter saying this is about safety. this is about a woman's ability to live her life in peace. and ever since then i've tried
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to think about consumer protection and i've tried to think about privacy not in terms of data. 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 of stalking apps, our coalition which included senator klobuchar and senator blumenthal, we were able to get the support of the offices of senator grassley, corbin, senator graham and able to bring one of the first major prosecutions of one of these stalking app developers. this is what i hope to focus on if i'm confirmed. i want to make sure the commission is helping the people who needle it the most. healthcare workers -- fake masks. fighting opiates and being sold scam treatments. parents want to be sure their kids online are safe.
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and small businesses struggling in the face of unprecedented consolidation. on this last point, one example, we spent a lot of time with our family in louisiana. a lot of them work in healthcare. and when a hurricane comes, the last pharmacies to close and the first ones to reopen are the independent pharmacies, community pharmacies. these community pharmacies are critical not just in rural america but also urban america. and yet exactly these pharmacies who are shutting down in the face of unprecedented consolidation. and the thing is, you can tell slightly different versions of this same story for almost any other sector of small business. independent grocers, online merchants, you name it. i think things are not normal. i think we're in a crisis. a covid crisis. a privacy crisis. a crisis for small business. i believe my five years in the
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senate have prepared me to help run some of the first major oversight hearings into tech giant, who are logging our movements and scanning our faces. i help protect small businesses from federal bureaucracies. and i help negotiate the bipartisan law that forced the nsa to be more transparent. what i learned from the senate is that we may disagree profoundly, even passionately. but we can't let that get in the way of serving the american people. i'm grateful for your time. i'm deepfully grateful for this nomination. and i'm grateful for this country, my country, which has given me and my family so much. when we landed at jfk airport 34 years ago, i don't think this is what any of us expected. thank you. and i look forward to your questions. >> thank you very much mr. bedoya. your questions. thank you, mr. bedoya.
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>> i currently serve as the director of the new york city mayor's office of climate resiliency. i am honored to be nominated by president biden for the position of assistant secretary for oceans and atmosphere. i am especially grateful to the secretary of commerce, gina raimondo, and noaa's administrator for their support. i want to thank members of the committee and staff for taking their time to meet with me and share my perspectives. i want to thank my family and sister who are with me today and my partner and daughter who are back in new york. i have worked to bolster communities and infrastructure to withstand the impact of extreme weather and rising seas which are both amplified by climate change. when hurricane katrina made landfall on the gulf coast i felt personally compelled to assist in the recovery and supported rural and urban communities in louisiana, mississippi, and alabama.
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early in my career i came to appreciate the most economically and socially vulnerable communities are often the most environmentally vulnerable which is why i have always sought to center equity in my work. i transitioned to noaa a few months before the deep water horizon oil spill for the duration of the initial 90-day response. that gave me deep insight into the use of scientific information to guide policy. noaa -- i also learned the importance of communicating the science in an accessible way. for example, when it became clear that vietnamese american fishermen in mississippi were not receiving information about fisheries' closures due to the spill it was my job to ensure that the information was translated and distributed in
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ethnic media outlets. i moved to honolulu for partnerships between academia and the private sector to scale responses in the asia pacific region. i worked on a project to scale community based landslide early warning systems in indonesian villages. i helped establish the early warning system in communities. my experience underscored the importance of partnerships to enhance enduring and innovative solutions. i then worked at the white house council on environmental quality where my purview included supporting the resilience of alaska native villages on the front lines of climate change. i visited a village that is experiencing storm surge. through this work i gained a deep appreciation for how traditional ecological knowledge can complement climate science and reveal social insights about
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the impact of climate change. for the last five years, i have led new york city's multihazard resilience strategy which encompasses projects city-wide. one aspect of my portfolio is protecting waterfront neighborhoods from devastating storm surge and regular tidal flooding. these complex subjects require coordination with all levels of government and private partners and robust engagement with communities. these experiences have provided me with invaluable insight into effective leadership and management especially with diversity. i believe these experiences have prepared me well to advance noaa's mission. never has that mission been more critical to the future of our nation. just in the last summer alone, our country experienced devastating heat waves in the normally temperate northwest which wreaked havoc on salmon
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and other important fisheries. hurricane ida which wreaked havoc and an historic multiyear drought in the west. i would deploy services to support local state and tribal governments, private sector, and federal agency partners to better plan for a changing climate. i would ensure noaa advances opportunity to unlock new jobs and forest growth while transforming to a clean energy economy and conserving our natural resources. i would work to restore habitat and strengthen the nation's cost lines to protect ecosystems and infrastructure from disruptive and often devastating climate impacts. finally, i would focus on recruiting the next generation of scientists and environmentalists so they reflect the diversity of ow country. in closing, thank you for your consideration and opportunity to testify here today. and i look forward to your questions.
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>> thank you. now we'll proceed with the final nominee. >> thank you, senator. senator cantwell, ranking member wicker, members of the committee, thank you for the opportunity to appear before you today. i am honored to be nominated by president biden to be the assistant secretary of commerce for global markets and the director general of the u.s. foreign commercial service. i want to thank secretary raimondo for her support of my nomination. i also want to thank the committee for the opportunity to meet with many members of your staff. i feel the deepest sense of gratitude and humility in being considered for this position. when my parents brought me to this country 45 years ago, we could not appreciate that we were part of a proud lineage of immigrants that came through new york, like us, in search of better opportunities. and my parents certainly could not have imagined that those
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opportunities would lead to my being here today to be considered for this position by the committee. i remain grateful to my parents for making all of this possible because of their bold decision to move 8,000 miles away from everything they knew to start a new life for us here in america. their support for everything i do has been unwavering. together with my brother and sister-in-law whom i am proud to have with me here today and my nieces who could not be here but are a constant source of joy, love, and laughter in my life, my family remains the source of my strength and commitment that i bring to every professional endeavor. i 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 have negotiated with some of our most challenging trading partners on issues like subsidies and tech policy and
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held them accountable to their commitments under our trade agreements. i have collaborated with foreign governments to address shared challenges in third country markets. i have also helped defend legitimate policy tools we have to protect american companies and workers from unfair state-backed competition from countries like china. and in these and other areas, i have worked extensively across the multiple agencies and with various stakeholders to build a unified position for the government. from leading teams in highly matrixed organizations both in and out of government, i fully understand that no one of us has a monopoly on solutions to the types of trade problems we are being called on to address at this time in our history. we increasingly need to look beyond our silos, to bring to bear the right perspectives and knowledge to any challenge.
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that is why i am committed to working together with my colleagues across the commerce department and across the administration and with congress and with 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 an international organization, from the private sector and from the public sector. i believe that global markets is uniquely situated to make trade work for american firms and their workers. this team works with foreign governments to make sure american firms get the fair access they deserve to foreign markets. global markets also help small and medium sized enterprises become new exporters and take advantage of the commercial opportunities created by trade agreements. finally, global markets leverages
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to bring foreign companies to america and create jobs. through these core activities , global markets brings to life the potential trade and investments offer the american people and i am committed to seeing that mission through to its fullest extent. one last point i would note to the committee. i fully appreciate the privilege i would have if i worked in this position. i've had the fortune of working closely with global markets through much of my government career most recently as international trade administration director of policy for the obama administration and know firsthand the high caliber of staff and the commitment to the global market team to creating opportunities and bringing the benefits of trade to the american people . it confirmed i commit to you to be worthy of leading this high-performing team to do what it does best and drive the administration's efforts
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to strengthen precisely that connection between trade and the american people. thank you for this opportunity to be considered an for this position and be here before you today. i look forward to your questions >> thank you to witnesses for their testimony and we will start with a round of testimony. i'm going to do for my questions another round and call on senator klobuchar. >> thank you to all the nominees we have and i welcome the many commissioners from theftc , here to show their support for mister joya so i'm it's a very good showing and i'm not going to be able to ask you i think mister catania questions today. i'm going to put them on the record but i can't tell you how important it is to me the commercial service worked on a major bill years ago to help get funding and what a difference it makes for our
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country . we should make a country that exports the world so thank you for that. i'm going to start with you chairman rosen were stalled. i like someone that has a longer last name and the . i was honored to have you in minnesota. you came to talk about 911 many years ago and the importance of upgrading that could you talk about how you'll continue to make that in this changing world where people are making emergency calls by text and where we have people may be marooned in the middle of a snowstorm in minnesota and if there's cell phone goes off what happens. all these things keep happening in our state. firefighters being able to have actual plans before they go into a building. can you talk about your plans there ?>> thank you for the question. you may only call 911 once in your life but it's going to be the most important call you ever make and when you make it you want first responders to find you and we are on the cusp of updating
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911 in this country to next-generation which will provide so much more functionality than just traditional voice. it could be video data and information that can help public safety address your needs when they arrive. i think the way to do that is going to need to standardize our definition of next generation 911 and identify new funding sources. traditionally this has been done at the local level and this needs a federal boost. in addition we're going to have to continue work to make sure wireless calls resulted in public safety being able to find you in a snowstorm or in a building or anywhere you might be using device to reach out for help. >> i'm chair of the 911 caucus ishould have mentioned you know that . were going to get funding in this reconciliation bill and we will move forward from there.rdbroadband, i was the head of the bill that represents representative
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cliburn had in the house. i know you've been all over this. could you talk about the challenges as we bring in this incredible investment to get to every corner of our country and which i always joke that if iceland can get broadband everywhere with no volcanoes maybe we can handle it. mapping, some of the things i know you're going to be asked about. just what you see as our biggest wchallenges. >> 'spandemic has proven we need to get broadband to everyone and we need to get to 100 percent of the country and we can't accept anything less and with this recent infrastructure bill i think we have a chance for generational change but it requires us to execute andto do that well so making sure the department of commerce , federal communications commission and our colleagues at the rural utilities service are working off the same data set to make smart decisions about what to on and where to deploy. i think it's the first order of business and in june we signed a memorandum of understanding with the rural utilities service and in anticipation of just that. >> one of our discussions is getting the awning out and i
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know you will focus on that, making sure people get money. one of the reasons we put the clawback in the still is that if people don't start actually building it we're going to have to take it back because for too long there's been a lot of promises made in certain rural areas and this will be something secondary model will be dealing with. one specific question and this comes from my competition work over in judiciary. i've long been concerned about competition in the video marketplace. we continue to hear serious concerns from independent programming networks regarding the negotiating tactics of some of the video distributors. when you work with me and my colleagues to re-examine the impact of these actresses and take appropriate action to protect the publicinterest ? >> it confirmed yes i will. >> a lot to turnout i think you're on mister joya, a professor via video there. questions about the importance of the ftc work with your what we hope to be
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your future colleagues here. my view is you can't take on the biggest companies the world has ever known with just band-aids. you need resources and could you talk about the importance of thatin both the privacy area and antitrust peace of the ftc's work ? >> thank you senator. i am frantically agree with you. the folks in the competition bureau and bureau of consumer protection do extraordinary work but we are dwarfed by the staffs at similar european countries particularly privacy and i think it's an urgent ti bipartisan consensus that we need to support that. >> and then privacy legislation. senator cantwell has been in incredible leader in this area. senator worker i know they're working together on this. we had this really chattering testimony of the whistleblower which after years of working on this i
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felt like that kind of crystallized everything we know. people feeling out of control in their lives and not being able to controltheir kids . exposure to accounts they would never want them to see. data being shared, companies profiting off ofindividuals in our company like they are pure profit centers with no regard to people's own privacy . could you talk about how your experience is perfect, this is a softball. perfect for what we have to do going forward. >> thank you senator. certainly i believe my oversight work, bipartisan oversight work in the senate because of my ability to do this. i'm a new parent. ema and i have been thinking about how to add our kids to this and i'm excited to work with commissioner wilson. she's an expert on this. >> very good and thank you to all the nominees. thankyou senator cantwell . >> senator worker. >> thank you madam chair. chair rosen morsel let me
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take up where senator klobuchar left off on maps. when do you estimate that we're actually going to have o new maps? >> thank you for the question ti senator. i anticipated you might ask and that's a fair reason because for too long the sec has been working off maps that are not accurate over state where broadband is in this country which means we don't send dollars to the right places so i want you to know right after i took over we got to work on this immediately. and in the summer in early august he produced the nations bestever wireless maps . we worked with the carriers to build a prototype for the broadband data and you can go on the sec's website right now, look up your address and you will find data that is light years better than anything you might have seen from the agency before or anything you might get if you
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walk into a store and try to purchase a handset. that's because we required every carrier to use the same cell loading characteristics and propagation models so for the first time we have an apple to apples comparison but like i said that's just a prototype to test the systems that i required when i took over because it turned out the fcc didn't have the computer processing power to build these. we acquired those . >> when you learn . >> i learned that in the first few weeks of arriving . >> you been an agency for two terms. >> i didn't haveoversight over the office ofmanaging director with authority over those issues .that's not information . >> rank-and-file members don't have that information . >> you don't operate with a budget or work with the agencies computer processing systems . so as soon as i found out, we immediately secured that capacity. and then we also decided we would come up with a statistically valid way or
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states, localities and tribes to challenge any data before us on top of that we are working on a redo of our speed test more than 200,000 will have downloaded and can use instantly to report to us where service is and is not so we will have a whole consumer brigade that's able to fix. here's the thing though that is going to tell us what day they will be available by. it is a challenge in the broadband data app which is legislation i know you're familiar with. there is something called the broadband serviceable location fabric and it tells you where any service location is. and under the broadband data act we had to follow federal government acquisition ve regulations to procure it. and i've learned a lot more about that process in the last few months. it is not fast but we have procured a broadband service location fabric which is essential. if the ground-floor for all thiswork . however every bidder can now protest that vote and it will
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stay our ability to work on that fabric while the gao reviews it. and the gao review can take up to 100 days so with that behind me let me say we are doing everything possible to encourage the gao to move fast if there's a protest but if we have problems i might ask for you and this committee's assistance because we absolutely need to get those maps done because all the money that is flowing through the infrastructure built depends on them being available . >> when would that protest period be over? >> it's a terrific question. we made the award last week. anyone who wants to protest as three days to ask for a debriefing on the agency staff side. after that they can file a protest. >> within the hundred days. okay, well you do agree though that we need accurate maps fully in place before we
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start sending the money out r. >> absolutely and i have told the commerce department we will send them every bit aof data we have as soon as we had because we know all those infrastructure dollars will be better spent when we do and i am still hopeful despite that process. were going to be able to do this with taste and i just want to make sureyou understand what the law looks like . >> let me see if i can de squeeze a question in and that extra minute or 20 utthat senator klobuchar had. with the regulation of net neutrality that was revealed under the lastadministration , it seems to me we did better than europe under the light touch appropriation or the light touch regulation. broadband usage increased way
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and companies invested in broadband in america. unlike in europe we did not have to ask providers to throttle service or take other measures to reduce traffic . can you tell us what if any disadvantages occurred to our country or to consumers when we repealed the obama administration net neutrality roots or am i correct that we have a lot more buildout and no throttling or measures during this traffic? >> i think you know i support neutrality. i have posed therule back in 2017 . i continue to support it. i think the investment record is something we always have to pay attention to because as we develop goals we've got to be mindful what the impact is on infrastructure in this country . that being said i think the impact of the role back in
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2017 is robroader than just net neutrality because it took the fcc away from oversight of broadband and coming out of this pandemic i think all of us know that we need some oversight because it's become an essential service or day-to-day life. >> let me ask you to submit on the record specific answer to examples of consumers being harmed. by the repeal of net neutrality regulations. >> i'd be happy to do ethat. >> senators lot is to be next . thank you. >> then followed ,by senator blumenthal. >> thank you very much, thank you ma'am chairman and before i give my questions i want to reiterate what senator lujan said. it is so urgent to move rosen morsels nomination to a market so we can send the nomination to the floor and
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confirm her before the end of the year. we don't have many floor days left and if we don't confirm her before the end of the year, then by law she has two pack up her office and leave the fcc. on monday the president signed historic legislation that will help us connect all americans with broadband. this is on top of other broadband legislation we passed this year and last so we need the expert agency to provide expertise. jessica rosen morsels is an extremely qualified nominee with widespread wipartisan support. this is not the time to leave the agency leaderless. ms. rosen morsels, i'm not sure if you pointed you certainly popularized the phrase the homework gap. i'd like for you to talk about the progress that you've made and progress that you think you can make as the chair of the commission. >> thank you for the question senator. when i was growing up i didn't need an internet
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connection to do my homework. it was paperwere pencil and i've got to make sure my brother would stay out of the room . that's those days are gone. every child needed internet connection to participate in school. we knew that before this but this pandemic is china like like nothing else. in the united states we don't need to have children sitting in the parking lot outside of fast food restaurants just to attend a virtual class. and i am really pleased at the fcc we've been able to make some meaningful difference because of the emergency conductivity funds with which is a fund that this congress helped set up to close the homework gap. we distributed funding for connections for school kidsto more than 7000 schools and 600 libraries were making a meaningful difference . >> how many kids remain unconnected. >> the numbers we have horrible 17 million. i think that we have reduced that number with this program but i don't think we can stop
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until every child has the opportunity to go online for class. >> i just find that number mind-boggling and the wealthiest nation in the history of the world, and in the context where we force kids onto a wet saw resume. and then 17 million of these kids don't have access to the internet. it is just unconscionable and i think it is all of our collective responsibility and i thank you for leading in this space. i want to follow up on senator wicker's line of questioning regarding maps. my understanding is there's a ton of interagency coordination that is required and i'm wondering if you can help us understand the different agencies, three and four and five letter agencies involved and how your making sure that i think it's fcc primarily by usda and nci and others and how we make sure we're not stepping on each
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other's toes and maximizing our collective impact. >> such a good question senator because after this ea infrastructure bill has passed we had all this funding and opportunities to address our nations digital divide but it's contingent on every agency working together. in june the fcc signed a memorandum of understanding the nti a and ruf to make sure we're sharing all our data. i've also made available to the department of commerce our power connection notification system so that the nti can use that data as well in these programs. i would like to invite the treasury department which also has funds to come in and start to work with us on this . i know we all work off the same data set we will take those dollars and be able to handle further . >> so i understand jurisdiction are us under usda you guys obviously treasury just because they had a program of their administering not because they have access to particular data sets that are interesting. okay. so is there anything that the congress needs to do to clarify its legislative intent and make sure
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everybody's as we say in hawaii in the same direction. >> a very useful metaphor. were going to need your oversight to make sure we continue to paddle in thesame direction . >> thank you . mister this is an easy one. don't you love the bills that introduced? >> i want to ask you about the duty of loyalty. a good conversation about that. do you agree that federal privacy law must include a duty of loyalty to prohibit companies from using the data they collectfrom users to their detriment . >> i appreciate the question. i think it's a great idea and what i like is a lot of times when there's legislation on privacy, there is this need to reinvent the wheel and do something on a whole cloth and what i appreciate about the duty of loyalty is that it ties back to a very old common law tradition x just as old as the first amendment information held by
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fiduciaries like folks like doctors clergy in certain circumstances is protected and i admire that . >> thank you madam. >> senator fisher. >> document chair. mister benoit i will ask you a few of all my bills. i'm sure you do but i would say that i see you have been a strong critic offacial recognition technologies in your work . you suggested abandoning or having a moratorium put in place. what privacy guardrails aare vital for facial recognition? i wonder if you believe there are still benefits with this technology such as for public safety, health care. if you would be confirmed as commissioner, how would you assess technologies that you feel deserve more scrutiny on privacy? would you support banning certain commercial
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technologies based on privacy concerns alone for those that fall in the ftc jurisdiction? >> i appreciate the chance to this. i'll the question of supporting the technology. i'll give you a clear example . my ability as a. young kids to open up my phone with a face is useful and i think this ties into your question about when i would apply greater scrutiny. the beauty of opening up a phone with your face is its transparent . you opt into it and its limited data collection the data resides on the device. so i confirmed probably i think would apply greater scrutiny to situations where collection and use is opaque where there is broader dragnet data collection and where people aren't allowed to consent and where the data is free-flowing without restrictions. on and i don't anticipate calling for a van in the commercial setting.
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i certainly can't think of one off the top of my head. those would probably be the guardrails that i think the state is under. >> from your answer i would say that you do believe that the united states needs to be a global leader than on these emerging technologies adjust facial recognition. >> in certain respects. for example to help folks with disabilities t, for verification. i think face recognition can be a great second or third factor so yes, i very much agreewith you in that respect . >> chair rosen were still, so good to see you again. as you know the usf contribution factor remains high and it hit an all-time record in the second quarter of this year. with the shrinking base of
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coupes into the pond, the situation is straining on our telecommunication providers. especially small providers that we have in our most rural areas. it's strange their ability to be able to manage that high fee. i noticed that you've also supported expanded ebay subsidies and other means of growing broadband affordability programs through the fcc. how do you square the push to grow certain usf programs at the commission given what we're seeing in the contribution sector. >> paid you for the question. the universal tservice contribution system is a byproduct of the telecommunications act of 1996 . in 1996 i have an aol account and i really badly wanted all my was a long time ago and it was the collective belief of congress that we should assess a little bit off of the long distance bill of every customer estate
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networks nationwide. it was a smart idea. it exempted the funds from the annual operations process and urmade it more consistent which was important for those small rural providers but we need to have a conversation with this committee about what's the right mix of universal service appropriations because already high risk has started to change that and you see that in the emergency broadband benefit and its successor the affordable conductivity plan because that's dependent on actually appropriated dollars with its distinct from the universal service fund.ee we need to think about a revamp and work with you to do it. >> you have any ideas on what you would suggest to us? >> when i was in the state legislature i chaired a committee on transportation communications and this was in the early 2000 and went into that chairmanship taking i was going to have to deal with the feds would send down after they updated the 96 bill. i'm here now.
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we still haven't updated it. what are a couple ideas you would be willing to share publicly at this time . >> this is definitely something that's going to need more conversation. we have a state board that allows federal officials and state officials to come together. >> that needs to be more active. >> and needs to propose more ideas because the best ideas are working with our state counterparts. my colleagues have recommended expanding it to the tech universe and we have to think about the role of appropriations with some of these programs because some of them are being funded like that which is distinct from this traditional mechanism. 25 years out i think the fcc needs to have a conversation about this so we make it on firmer footinggoing forward . >> thank you madam chair. senator blumenthal. >> we're fortunate to have a
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nominee to the fcc with us this morning and even more fortunate the president of the united states backs the fcc to investigate skyrocketing debt crisis. i'm a veteran of the number of these investigations having served as attorney general of connecticut. it is a challenging issue but one that has to be faced. what we're seeing is that the cost of refined products are diminishing but consumers see at the pump soaring prices and rising profits as well on the part of the major gap companies and stock buyback. this ckinvestigation is overdu . absolutely necessary, should be pursued vigorously and promptly. the president monopolistic practices of these companies need to be exposed for what
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they are so consumers understand why prices are rising and we need to call attention as well to the monopolistic prices of opec and producers of gasoline. there's no reason that consumers should be left in the dark about why gasoline prices at the pump are rising so astronomically and i will just cite if the gap between refined fuel costs and gasoline prices at the pump were to return to normal pre-pandemic levels, drivers would be paying as much as 25 cents less for a gallon. 25 percent less gallon. it's real money in consumer's pockets and investigation will help achieve that goal. mister do you support this d investigation.
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>> absolutely in principle center. gas prices matter for everyone and particularly metaphorical living a check to pay check and i'd add that i believe there is a 2007 petroleum manipulation rule and confirmed senator i would try to make sure that is enforced vigorously. >> the fcc as you know as an independent agency but i urge consumers to write to you to call you as an agency to make their real life stories known to you. because that's the most powerful evidence their faces can have a real impact. they can make a difference. so thank you for that answer. chair rosen were still, i want to address a topic that is unlikely to be raised otherwise. the local journalism sustainability act. i know you've been very committed to sustaining and enhancing old journalism. this measure would help
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support the existence and the survival and driving of local media outlets. can you tell me more about how to revitalize and sustain local journalism? >> thank you for the question and your kind remarks. we all need local journalism to make decisions about our lives, communities and country and yet over the last odecade and a half we know that nearly 2000 newspapers have shuddered. it's getting harder and harder to find economic models that give us the news we need so i think the kind of tax credits involved with payroll for the production of local news urjournalism are essential for r its future. i also think that restoring the minority media tax credit would be a beneficial way to encourage small businesses and people of color to take over the ownership of local radio andtelevision stations . that is i don't build up also
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pending before the congress. we're going to do a whole lot of little tools to make that happen. there's not one big single answer but i think we have to invest in them because journalism and local journalism is so important. >> i welcome your commitment and would like to work with you further on it. obviously our time is limited but i know you know the commitment to it. let me ask one lastquestion about robo calls . a mission for both of us, you have visited hartford connecticut to talk about this issue on multiple occasions. robo calls continue. this morning we approved a bill out of committee to increase penalties for spoofing which is protected by the robo calls upon artists to disguise their origins and frustrate investigations. can you talk a little bit about the tools that you think are necessary to combat this bane of consumers existence?
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>> robo calls are a nuisance. they're annoying and the last several years they have really grown. we need to trust applications networks with these calls people don't want to pick up the phone. so what we've done at the agency since i've been reading it at an acting capacity is we have done a lot more enforcement. we now to cease and desist letters to anyone we think is issuing robo calls and tell them they have 40 hours to knock it off we will tell our k carriers to block their traffic . we also have turned to technology . we have enforced turner call authentication technology on our networks nationwide. we are starting to notice more calls are coming from overseas so we're starting a new gateway policies to make sure we canstop them before they hit our shores but i will tell you scam artists fast . they move faster than regulators and legislators and if therewere two things i think are necessary to do next , i would make it these.
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the supreme court had a decision in facebook that it decided to narrow the definition of autodialer that matter cause it limits the agency and private rights action against robo calls. it's a technical decision but it's got real world impact and the second thing is this is not a problem new at the fcc it's long-standing. that's we will issue fines under my leadership we have the largest fine ever under the telephone consumer protectionact, the largest fine ever under the truth in caller id at . go after bad actors for robo calls i need to turn to the department of justice for civil enforcement action. and i think we have to not just find these bad actors, we have to take them to court and collect so i would like assistance working with the department of justice to make this apriority . or possibly even give the fcc enforcement authority so we can take these on bad actors to court because i think we need to engage in more of those efforts to make sure we have adequate deterrence and retribution when it comesto
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these nuisance calls . >> i hope this department is listening and i hope theywill take note. thank you . thanks non-chair. >> center murray. >> thank you all for being here, thank you for your willingness to serve. each of you deserve a hearing of your own. their sufficient conversations and i'm appropriate for all of you and authorizer for all of you so i assume we will have upon your confirmation the opportunity to pursue many topics. let me just start with a few today in the few minutes i have. german rosen dorsal house with you and unfortunately a couple of my comments. senator blumenthal and wicker have cover r. and so i'll not repeat those let me first confirm what i believe to be true about you. you know this committee and this congress in general has consistently shown support for local broadcasting local journalism . broadcasters in particular. when you were discussing er local broadcasting last summer, you brought up your
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commitment to local journalism as well as the need to have content created in and for the communities that stations serve. i appreciate that sentiment which i believe is one this committee shares and i hope if you are confirmed as the next chair of the fcc we can continue working together to achieve that goal. is that true? >> absolutely. >> this again for you chair rosen dorsal, congress and the fcc placed buildout requirements on recipients of broadband buildout funds that mandate companies complete their networks by a certain time . this requirement makes sense. it's designed to ensure underserved areas received broadband services in a timely fashion but there are a number of supply chain t issues impacting build times for small internet providers . is the fcc monitoring and working to alleviate these supply chain issues? does the fcc have any plans to work with broadband flyer
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that may not be those filing deadlines? >> that's a good and timely question. in may i started a proceeding with my colleagues to ask questions about supply chain in particular my conductors and how it impacts the telecommunications industry and deployment. there's been discussion about that but we felt we needed to develop a detailed record to inform our work on this and shared this record with the department of commerce and we are using it to inform continuing discussions with them before the agency because we're mindful this can be a problem but i think that record was an especially useful tool to develop at the outset. >> this is a timely issue but it's also a timely issuewith the dollars being put into broadband investment and the capability for many builders to get towers, building permits . it is areal challenge that i think you cannot ignore. >> i agree with you . >> billions of dollars has
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been distributed for broadbanddeployment. fcc and tia, usda and other agencies . i keep saying before we authorize more money for more broadband we want to simplify and consolidate programs that are there. we have not done that and therefore the burden falls to you and others. universal service fund continues to play animportant role in making certain that uncertain areas in kansas and other states received broadband service . what can the fcc do about ensuring usf contribution factors table eyes and reflect the view. you touched on this topic but i'd be pleased to hear about what your thoughts are in regard to the usf contribution factor and its modernization. >> i spoke to senator fisher about this and pointed out the tell communications act of 1996 is when the universal service contribution factor was developed and a long time
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ago and 25 years later we might need to start having a conversation about what an update looks like . we see that with the way they're being distributed. the affordable connectivity program and its predecessor the emergency conductivity fund all of these are existing outside the universal service system and through the annual appropriations system so were going to have to figure out what the right mix of appropriations and adjust it to the universal service system . >> does that suggest the fcc has no intentions of taking thisissue on on its own ? >> going to have to have a vereferral under the law through the federal state joint board on universal service first but i also think there are challenges with the law that we had before us in that if you would like us to assess on other constituencies, other industries it would take a change in the legislation. >> thank you for that answer. 19 seconds.
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the last four years at the urging of both chambers the fcc put in place a number of process reforms . commission items three weeks in advance preventing significant changes on items unless they've been voted on andestablishing the office of analytics . what's your take on the result of that effort, improved process, better outcomes? >> short answer is yes i left open those initiatives in place . >> final question what am i going to do in the absence of a kansas chairman ? will you and commissioner start fill the role of the taking care, excuse me the citizens of cumy state. >> you might have to have some new england references along the way . >> i'll try ento be accommodating. >> senator baldwin i think is next.
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followed by senator hickenlooper. >> thank you ma'am chair. chair rosen dorsal i am excited about the progress that is being made on the 988 line. this is a three digit code for the national suicide prevention lifeline and i was proud to have been lead author of that legislation. beyond making access to resources easier for people in crisis and for everyone, one of my chief goals was to ensure that populations that were disproportionately facing high rates of suicide could have access to the specialized services theyneed . in the bill itself we talked about the veterans community. we talked about the lgbtq
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youth community. i've worked on suicide prevention for farmers as they faced disastrous conditions. under the law the national suicide prevention lifeline must be ready to begin accepting 988 calls on july 16 2022 and that deadline is fast approaching. ogiven the importance of this change and focusing on servicing and serving populations with the greatest need i like to hear you give us an update on how the commission will continue to engage government stakeholders as we as well as nonprofits and mental health specialists on the 98 roll out and we had a great conversation about this. i hope you'll talk a little bit about essential technologies especially for youth, the text to chat and integrated voice responses.
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>> thank you for your work on this. we do have a suicide crisis in this country. the rates 14 girls are three times higher than they been over the last 20 years. it's true for young people of color and lgbtq youth and our veterans and more first responders die annually by suicide and in the line of work. we can do better by then and we had had. we've had a long-standing toll-free number for them but moving it to a three digit code is a way to make it more accessible to morepeople . i'm proud this week the fcc will vote on making it text accessible. for young people it's not picking up the phone and talking so we will continue to work with the va and dhs to make sure they have the resourcesneeded to answer those calls however they come
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in and i think we're going to have to continue to discuss how we make sure people get the specialized care they might need in that moment . >> i am as excited as my colleagues about the new major federal resources that will be taunted targeted for broadband, universal broadband, high-speed access for all . i know you'll agree that it will be six successive if we don't have better maps. i was proud to be a cosponsor of broadband data at. and i was pleased to see the fcc announced a new wireless service map and i understand the commission was recently awarded has recently awarded an important contract. we talked about that earlier already for a better maps for wired broadband i'm anxious to see more progress quickly. first when can we expect to see additional maps come online and how will you continue to push the commission towards that goal if confirmed and rather than acting chairman and the
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second, along these lines that's particularly interested in the fcc using the new methods to verify the existence of broadband service including using federal vehicles like postal service vehicles, national parks service vehicles, that's a thing where we're able to get more data. so give me an update on those . >> they're the best time to make broadband months would have been five years ago. what are working morning noon and night to do that. we are working through a federal acquisition process to get the broadband service se location fabric which is like the ground-floor for building our wireless maps and hopefully we can work through that but you're trying to come up with ways where we can build these maps outside of washington and by that i mean coming up with a methodology so that states, municipalities and tribes can challenge any data see that carriers have filed. we're trying to update our speed test at so if you go
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and test your phone you will be able tosend us the data about what's happening in your own backyard . also setting up webinars with tribal communities to make sure that we can get them involved in the snapping process and in elthe end i believe the best maps will not be built by us in washington, they're going to build be built by all of us using creative technologies and we've done some exploration of using postal trucks in rural areas like you described. it turns out it's more costly to use than we had anticipated and there are isome power challenges but it might be atool to use in some rural areas to help us get accurate data . >> thank you. , senator thune. >> thank you madam care. miss rosenwurztel, do you
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believe it's important to provide rural broadband providers particularly rate of return carriers regulatory certainty in the usf program and mark. >> thank you, the answer is yes. >> if confirmed as chair what steps will you take to ensure the fcc is better fc coordinating with other federal agencies on issues. >> this is an important issue. we are using more of our airwaves than ever before tfor commercial activity . every one of us does it because we rely on those phones for much of our day-to-day life. and when you added up with wi-fi and all the new ways that were going to start connecting the world around us realize we need more of that wespectrum for commercial activity. the challenge is the laws of physics mean you're not making more spectrum so we have to reclaim it from older uses and sometimes that requires going to federal asters and asking them to choose to be more cefficient with their current allocations. for instance is how we were able to hold our most auction which is still finishing up
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in the 355 gigahertz band. that process is difficult one and what i hope over time as we can build a whole of government approach we all understand that repurchasing some of those areas for new commercial use has innovative benefits for our economy and our civic life and i hope we can have the support of the committee when we do that. >> i hope you all can focus on that because that's an issue that thhas been particularly problematic given the fact the federal government sits on so much of the spectrum be necessary for commercial use and getting that coordination between the different layers and levels and silos in government is going to be key to making sure that we can accommodate the growth that we're going to see and the demand. i want to come back to the issue i think senator whitaker touched on this. the issue of net neutrality. on the issue of net neutrality i continue to believe and i think we've had this conversation in the past and i laid out 11 principles
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for an open internet when i was chairman of this committee. i still think the best way to provide long-term protections is for congress to pass bipartisan legislation and i think that i say that today and i said when i was chairman i stand willing to work towards gfinding a lasting legislative solution that will resolve the dispute over net neutrality once and for all. if you're confirmedas chair of the fcc will you commit to coming to congress for more direction before attempting any iteration of net neutrality rules . >> thank you for the question senator. i will always agree to work on these issues and offer any technicalassistance when asked . >> would you come to congress though, yes, sir no west and mark. >> you know as a matter of history that in 2015 i supported the agency putting in place net neutrality rules so i believe it has the power to do so but will work with
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this committee on issues we know are big and important. >> do you think it would be a good idea for congressto legislate in this area ? >> any efforts to update is a good idea because many of them have a quality to it. i think the principles including nondiscrimination are strong but i think they always benefit from a legislative update. >> the open internet order repealed in 2017 since that time we had a good amount of time now, four years or so to see the impact . strikes me at least if you look at through the pandemic in particular , the internet television association reports that cable providers saw 39.4 percent increase upstream usage and 18.7 percent increase in downstream usage. and what we had in europe, we didn't have quality or anything like that. what we had in europe, they had to take measures. just to finally use other
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types of measures to reduce and manage that increase . and you did say i think in your dissenting statement of the sec's internet freedom order you said i'm not going to give up. been this was more to come in the courts, wherever we need to go to ensure that neutrality stays the law of the land and you and your the site dissent by saying let's fight. given what we've seen since that time. and given the fact that president biden's nominated miss gigi someone to be the fifth commissioner of the fcc has stated not only he would be for reinstating those rules but also would support additional rules to adopt policy and handle issues like zerorating and data caps , where do you come down? has your position changed when it comes to the route that you might find it necessary to bring back the ba 2015 rules ? do you agreewith her position ? >> a lot of people have different positions but i support it and i think if the
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agency were to proceed we have to start with traditional rulemaking to get updates and that would include information associated with our increased use of broadband during this pandemic and i would want whatever rules we pass to be fully up-to-date and reflected that . >> i would say madam chair and this committee which has jurisdiction over this issue could really by acting legislatively and putting rules in place get away from the constant back and forth that we havevewith the agency . with the courts and the uncertainty and unpredictability of that that that creates to those out there who are investing in making this wonderful benefit that we have from technology. workas well particularly at a time through the pandemic when americans really needed it to work .
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>> i know you've been a long advocate of working this out and i certainly believe that the pandemic brought us to the point of seeing how critical this was when people didn't have access to service and trust me, i have a long list of issues that i think are here of great concern about broadband so hopefully wewill have a chance to work onthem . senator markey . >> thank you very much. madam chair of the federal communications commission and just following up on the senators line of inquiry just going back to 2015 and his restating what you just gave an answer you did vote to approve the open internet work order that neutrality protections in place. and from my perspective it
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properly treated broadband as a telecommunications service under title ii of the communications and as we know, regrettably the trump era of the federal commission's commission in a limited the commissions rightful authority to investigate broadband consumer complaints, promote public safety," digital divide yet the ongoing pandemic has dramatically increased reliance on the internet , now more than ever americans need net neutrality . americans need a commission with authority to have consumers ask and oversee what is undoubtedly an essential utility rob and access. we're all having been discussions here about antitrust . in the disconnect patients sector but that's what net neutrality is, just making sure the smaller upstart companies don't have to hire more lawyers but higher more engineers.
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so that they can come up with their new ideas without worrying about being sued by these giants behemoths. so again, chairwoman rosen were still do you support reinstating net neutrality rules and restoring classification of broadbandas a title ii service . >> yes, i support net neutrality. >> i intend actually on introducing legislation that would and this ping-pong between atadministrations and make explicit broadband service. my hope is we could do this on a bipartisan basis. but perhaps that will not be the case. and you would still retain the inherent authority to act. on the rate, the coronavirus pandemic has also highlighted the homework gap.
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experienced by 12 to 17 million children. mostlyplpoor children, rural children, black and brown in our country who have been unable to complete their homework at home . ghand it's why i fought for $7 billion for an emergency conductivity fund. which is now the law and i thank you for the excellent way in which you have implemented that program. under your leadership the sec has already received more than $6 billion in applications and you have committed more than $3 billion to helping communities across the country to connect those 12 to 17 million children at home so they can do their homework . so i think the numbers actually show the urgency of us are continuing to deal with the issue and we're working hard to include more money in the billback better program so that you'll have more resources in order to deal with this issue. do you agree we should add
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more funding to the billback better built for emergency connectivity so that the resources are there for those children. >> thank you for the question. the homework gap as you said they affect as many as 17 million kids and we are making progress with the funds from the opportunity conductivity fund. i don't want to have to stop until we connect every child everywhere so no student is locked out of the virtual classroom. >> you believe we have to create a permanent solution to thisproblem so that children in the future are not locked out at home . and let me just ask you mister fidelio in terms of a child long line of privacy protection law. the ftc is responsible for enforcing the children's online privacy protection act . mister prbedoya do you agree congress should update 214
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and 15 years old control over their data to ban targeted ads to children eiand three create an eraser button so that parents can insist that llall information collected about their 13 14 or 15-year-old son and daughter is erased from their data record forever. >> i think those are critical updates to the law and very much support them. >> as the parent of a child in that age range i support the idea of any racer button. >> you have you on that western mark. >> no child.
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we will go with those that do and say they represent every other parent in america that is understandably paranoid about what they saw in the last year and a half in terms of their opens relationship with this device that has been their companion in increasing numbers of hours every day, every single week and we should provide those protections. i think we should do it in this congress. thank you madam chair. >> german i appreciate our discussion yesterday. let meask a quick question on net neutrality . i know there'sa lot of debate . the policies at stake. you're very distinguished background includes being a staff member on this committee. don't you think that is something that big in terms of supervised by congress not just federal agencies?
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>> as you know i support net neutrality. i also would support working with the committee in any way short or aform on any of these updates as i said earlier i believe the agency has inherent authority in this area. >> let me turn to the majority of our discussion on the unique challenges in alaska and i know you're well aware of those . you made a number of commitments to me yesterday at our meeting. can i get you publicly to kind of make those again and talk briefly about some of the issues and commit to be commitment to come back up to the great state of alaska to see our people and challenges to work with the stakeholders in the alaska plan on what comes next and how we move forward on the important and very successful initiative from the fcc and then not to subject alaska to the healthcare ratesetting
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database and have more transparency and timeliness and allow the on a lot of the issues the previous chairman in my view completely ignored and almost crater the entire health care system in alaska. >> that would be yes to a visit, yes to continuing to work on the alaska plan and yes with respect to your concerns about the rural health care system and that database. i have in fact state that database right now so it's not in effect. are going to have to figure out other ways like i said to you yesterday that reduce waste and abuse, have appropriate transparency but are ultimately mindful of the fact that these communications are essential for the health and safety of the people who rely on them. >> some of the most vulnerable people in the country with very limited access to healthcare. a lot of them are my constituents. >> i think you know i've been in a lot of rural alaska was villages where the healthcare
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facilities at the center of town a lot of connection back to anchorage a lot of those people would not be able to see professionals. is among the most essential healthcare in the country . >> if you can comment briefly on the discussion we had with the infrastructure bill , usda's initiative and an tias initiative, there's an opportunity more broadband. >> .. i said earlier today we have an opportunity for generational change with the infrastructure built so we need to execute on it and if two things stand out to me most, we are going to meet coordination about data and facts. the ftc which doesn't have a driving route, it will have to
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support every other organization in the government that does the states as well. i think we need really strong accountability measures right out of the gate. it be criticism i've had previously, we need to make clear what kind of audits are happening and what penalties exist for anyone who takes the funds and doesn't deliver. >> thank you. i'm sorry we didn't have our meeting yesterday, i look forward to meeting with you. your position is enormously important to my state and constituents. two thirds of the seafood harvested in america two thirds comes from alaska. we are the super power of seafood and it's a really important partner in terms of stock assessment, in terms of clean and healthy oceans. we haven't met yet so i will
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withhold judgment but i'm concerned about your background which is impressive but focused on urban planning, climate resilience, i don't see a lot in the area of the core focus which is so important to my state and constituents, can you comment on that? >> thank you. i look forward to having a chance to connect likely, i enjoy talking with their staff yesterday. our to start by saying i've previously worked at mela and noah when the oil spill happened which leveraged every part of the agency to jump into action. a crash course in the agency and believed i can hit the ground running if confirmed but i work in climate resilience is so cross cutting and focused on making sure we leverage the best available science. >> i am all for that. >> that decision-making, i
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believe that work i have done in communities across the country including alaska i mentioned in my testimony when i work at the white house environment of quality, part of my portfolio is focused on resilience in villages, i had a chance to visit and appreciated being able to connect with alaskan natives there, they appreciate that challenges they face maintaining -- >> i don't want to cut you off, i have one more question for him but i do look forward to our meeting and i apologize i had to cancel it yesterday. i'm a little -- i am actually quite concerned in 2016, there was a tweet you retweeted talking about presidential convention in 2016, number of senators on this committee went to it the tweets i've never thought i would see at a
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presidential convention essentially was a whitedeco supremacist rally, pretty strong view there. we realize ftc leadership structures made up of partisan commissioners but this tweet and others raised questions whether you have theth temperament, maturity, dispassionate views require of ftc commissioner in charge of 1100 employees and i'm sure a lot of the employees didn't see that in 2016 as a white supremacist rally. how do you respond to my concerns about your temperament and judgment meaning you need to serve all american in this job. >> i appreciate the chance to speak to this i think my record as a staffer and georgetown --
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>> are not asking about your record, i'm asking about this tweet, and don't dodge me on it, just address it. maybe are sorry, maybe that wasn't really youryo view, don't dodge the question, tell me about your temperament and maturity, your dispassionate views when you are essentially claiming half the country was on a white supremacist rally which was the convention we had in , 2016. >> of course, i want to clarify, i do not believe the former president supporters are white supremacist, they are part of my family and i love them -- >> are you apologizing for what is -- are you saying that was a mistake or something like that? >> i don't because appropriate to call the entire convention a white supremacist rally, i do apologize for that, i want to
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clarify i don't cast judgment on the former president supporters, they are part of my family and i quote them to me. 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 examples to why as a private citizen and law professor i utspoke out but i pledge to youf confirmed, it is my duty to do as i did as senate staffer to satisfy those views from every person in the country with political opinions and party. yes, sir. >> thank you, senator. >> i see senator chester, are you ready? >> i am ready to rock, thank you. the other folks can c take a brk because my questions will be focused, thank you all being here and thank you for being here, jessica.
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i don't need to tell youetas internet access has always been a major challenge from a particularly in states like this, the pandemic has exacerbated those challenges. congress and fcc received $150,000 for emergency productivity thumbs. it doesn't sound like a lot but it's a lot for montana. montana health providers received nearly $2.9 million to the telehealth program. as of last monday, nearly 13000 households using emergency broadband benefit program. now we got infrastructure jobs act which i am intimately familiar with because i'm one who helps negotiate that. we will seek 65 billion in investments in broadband infrastructure there which should close the digital divide. if you disagree with me, let me know.
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the truth is, how do you plan to coordinate with an tia on implementation of the broadband provisions in the infrastructure jobs act? >> thank you for the question and all the numbers of the legislation signed into law monday are best shot at closing the digital divide for this generation so we will have to coordinate with the department of commerce which has primary authority for those funds like we never have before. i am keenly aware of that, who will have to make that a f priority going forward in anticipation of the legislation, who signed a memorandum of understanding with data sharing and we have shared our notification system with the department of commerce but i want to open up all books and information because it's the only way will truly execute on these funds and address the digital divide. >> i'm going to put you on the
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spot because i don't know how you answer but iec do want your perspective. the bill was passed, sign on monday. from your seat on the fcc, how quick do you think we can get these dollars out? >> this is a really good question, i think i probably need to do some review of the law itself but if think the department of commerce, if they were asking me for three pieces of advice, first i would say work with our data and second, make sure there are clear penalties up if anyone takes those dollars doesn't perform and the third, i put premium on the projects that are want we can move on fast. >> okay.. thanks. we cap seven indian reservations and honestly, the communication infrastructure there isn't where it needs to be. the fcc report the fact that 68%
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of the people in rural areas or travel plans don't have access to broadband, that's more than two thirds of the people don't even have access. universities often pay more for sloweror internet and other institutions so how is the fcc currently working with communities to improve internet access how can the fcc improve its tribal engagement process? >> thank you for the question, how native communities are the last communities to see the last of the digital age but the last number is used to describe, i suggest we have a real problem and we have to take special action to address that. one thing the fcc has been doing, issuing licensing in the gigahertz spans in rural areas across the country, we've issued
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300. it's a once-in-a-lifetime opportunity to show up, get a license and use that to serve your community. i think that will provideha opportunity in the days ahead. we are midcourse updating policies to support tribal libraries. not every tribal library canan apply for the funds under existing systems. i'm working with my colleagues right now to fix that. we'll have to expand engagement, we are starting to do that on mapping and you mentioned tribal colleges, i know we have close to 3000 in this country, many are in rural locations, i think they punch about their weight when it comes to the service they provide to students innd their communities, i think we have to make ao specialized effort to do more to ensure they broadband soess to they can take advantage of the full opportunities of the digital age. >> thank you very much and look forward to your confirmation, thank you. >> thank you, senator blackburn. >> thank you.
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chairwoman, i would like to go to you first, thank you for the time. i want to say thank you or congratulate you on the successful option you just completed let's talk about the spectrum because all of his other issues cannot be resolved if we do not have spectrum needed and have that deployed. we've recently had a couple things, and cia has kind of gotten outside of their jurisdiction when it comes to spectrum and the fcc is working to clear for federal agencies. we also have the issue with the faa raising objections and questions they've never raised through this entire process and slowing down 5g systems so when
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it comes to dealing with this commercial side of spectrum, but talk how you will approach that and approach utilization. you're going to keep agencies from squatting, we have issues at the dod, how you deal with the faa because spectrum is what will allow us to close the digital divide, to utilize wireless, to get it, and turn it into areas where we cannot get it. >> thank you, our future is wireless so these issues are really important for every aspect the commercial life we are always going to be looking for new ways to put to use for our economy, increase innovation and enhance our quality of life. the challenge is we don't have
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more airways, we will just allocate them and there's a lot of back and forth between allocations and fcc and an tia going forward we need a whole of government approach to this. we need engineers working in concert rather than cross purposes a few things i think would help i hope the an tia can actually speak as it's authorized to do so or federal government spectrum interest so we can speak through the confidence that they are acting on behalf of of other federal authorities with allegations. it would streamline our process, they should have the authority a set of having to talk to these other authorities all the time. we could revisit memorandum of understanding between ntia cc with updated timelines or agreements about methodologies, testing, what harmful interference looks like. third, this maybe be as long tem but i think we have to think about the incentiveve structure
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for existing spectrum allocations to federal authorities. if we don't give them incentives to be efficient, they will only see loss rather than gain from reallocation and we have to get smarter about building incentives on their s side so we can be more successful when we try toe repurpose airways for commercial use. >> i agree with you that last part wholeheartedly. going back to discussions weoi d when i was in the house and you were appearing before us, as you know, i think it's time for us to conductct inventory of all spectrum allocated to different federal agencies so we know it's eithere, what is being used, what's not being used and what we can then recoup and auction for commercialization so i look forward to those conversations.
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mr. pretoria, i discussed with you the open app market legislation senator blumenthal and clover chart and i have done. said he wanted moress time to lk at that issue so i want to see if you hadoo taken the time to look at it and how -- what position you would take with that legislation and if you had changes you would offer to that legislation. i will save senator blumenthal and i do think this is an important one to move forward because it's imperative we have a competitive marketplace. >> thank you for that question, i think it is a strong bill. in the very first senate hearing i staffed would look at add
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marketplaces and this trade-off the platforms say they offer, we will make sure the marketplaces are safe a and secure and that's why we need to protect that. he was ten years ago but the marketplace was opened for severalr years, and one of the marketplaces, not one app had been removed for the failure to adequately protect location information despite problems on location sharing of the data in a locked nonconsensual matter so i believe -- >> like to fill or not? >> yes,r sorry. >> we look forward, mr. -- did i pronounce it right? say it one more time.
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[laughter] venkataraman. i didn't know which syllable heavy emphasis. i do have a question in the interest of time, i will submit it for a written response. thank you, madam chair. >> thank you senator blackburn. next, senator rosen. >> thank you, madam chair, i appreciate this hearing today, i am excited for the nominees to come forward and serve the country, pleased to have you with us today. i want to start with broadband mapping because one of the lessons we've learned during the pandemic is how critical it is for all americans to have access to broadband so i am so glad president biden signed into law bipartisan infrastructure in the jobs act because historic investment in broadband access and affordability.
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another thing, broadband access connects to telemedicine, decreasing exposure for patient command is moving up so that us fantastic. telemedicine is not always a perfect substitute for physical evaluation, it is however, useful in assessing whether or not they need in present treatment. telemedicine patients are more likely to keep their patients appointments. they access the care they need and in rural areas, it's lack of access to medical care for outcomes for pregnant women, that's why earlier this year we introduced the bipartisan data mapping to save moms lives act which would direct the fcc with the cdc to incorporate data on maternal healthnc outcome in broadband health cap to show
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broadband access and high rates of maternal health outcomes that we see whether they overlap in so we can know where telehealth services are needed most. can you discuss thean importance of mapping the overlap on how broadband access and taking a holistic approach at addressing maternal and infant mortality and it confirmed, indigenous women are more than three times more likely as white women to die from pregnancy -related causes. will you help us address these gaps? >> yes, senator. the short answer is obviously yes. the united states is the only industrialized country with rising level of internals mortality, it's an incredible shame and affects women of color especially hard and women in
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rural areas because more than half of those counties no longer have a maternity ward during my time as commissioner ofte the agency, i visited with the university of arkansas' medical school and mayo clinic too talk about technologies they can use with broadband to help monitor pregnant women most at risk. they are incredible, available. the technology exists today and they are dependent on broadband so the more we get broadband to more people in more places, the more we can use the tools to address it. i think the multilayer mapping are contemplating rethink about a problem we have and what technology solutions we have and overlay them on our nations broadband map will be president for all those thinking about other problems beyond healthcare and maternal mortality. >> i'm hoping to do something with covid and the outcomes there as we move forward so thank you for that. i want to move on, i would like to ask y a few questions about,i
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posted the commissioners when they testify before the committee in august. as you know, nevada has immigrant families who make up diversity of my wonderfulul stae and our nation. 30% identify as hispanic or latino and some of these members go through a process to become american citizens and far too often, they are a target of scammers. we know one form of deception is the no child scam. they claim access to attorneys and they really to take advantage of our community's on the interest of time,e, i know u have some campaigns about this but if you're confirmed, what outrage do you think we should do to protect people so they don't become victims of these
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scams? >> a student of mine, this happened to a student of mine, he wrote aboutas this in his family? cheated out of a lot of money they didn't really have to buy one of these. i think it is critical the commission help people regardless of the language they speak. one of the unsung accomplishments as - tenure was the work with monica to run conferences called common ground conferences where they went to spanish speaking communities to make sure they were in touch with local law enforcement status are attorneys general to prepare people on the lookout for them and one thing i pledge to do if confirmed, make sure the work is continuing not just for spanish but new mexico and minnesota making sure everyone regardless of the language theyg speak is protected against fraud. >> thank you, i appreciate that. in the interest of time, i have
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questions on telecommunication. i will submit those for the record. thank you. >> senator lee. >> thank you, madam chair. mr. pennoyer, i appreciate the time we spent two weeks ago and you were kindd enough to give me time and answer my questions. if there were a lot of questions i have and these are the questions that kind of need to be answered. there were some to which you can have complete answers, understandable and are a couple ways. i'm hoping today i can get some answers on basic questions, things that ought to be able to be answerable with a yes or no. i would appreciate if you can give me a yes or no in response to each of these because they are necessary. can you commit that if
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confirmed, you'll be committed to enforcing consumer welfare standard under precedent as it now stands? >> i commit to enforce the law and support your efforts to ensure the standard includes not just price bute output, quality, choice, innovation. there are critiques on how the standards applied. >> mr. bedoya, i just need a yes or no answer here and then you can supplement "afterwards" with supplemental information. i heard you say -- including president on the consumer welfare standard. >> yes -- >> should they use rulemaking authority when it comes to w unfair methods of competition under section five? >> yes, i do believe if the
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commission is to be called on to police big tech, it needs every tool at its disposal, i believe the structure in history -- >> i got very limited time, i would appreciate a yes or no. do you agree with the recent decision to rescind 2015 antitrust enforcement statement? >> with respect to the virgin -- >> i want to think more about this but i would like the benefit of staff. i am concerned with immigration on technology -- >> again, i guess are no answer, i will taken that you're not prepared to answer that with a yes. should they be focused on enforcement adjudication rather than rulemaking? >> i believe it's charged by congress to do both, meat and
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petito's is enforcement, express authority, i think it's important they use it as necessary. >> again, i'm looking for yes or no, these are very simple answers that can and should be answered quickly, should be focused on enforcement? is not yes or no? >> yes primarily enforcement, regulation when necessary. >> despite the fact he's left the commission, chair con is still voting for him by a proxy to give majority despite only four commissioners. do support the use of proxy for former commissioners on current proceedings even after the commissioners left the ftc? >> i have not readd into that, i would like the chance to read into that and get back to you. >> thank you. should the exercise only
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dedicated to expressly? >> yes, sir. >> the ftc used will make power to circumvent legal precedents with which it disagrees? >> i don't think that is a good idea. >> so that as i know? you've voted to eliminate procedural rules related to section 18, rulemaking authority, to support this decision? >> i do believe that ist appropriate for them to exercise authority respect to this, he
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would have to go under magma and the restrictions are extensive. >> so there are limits? >> yes. >> they recently voted support of only a single mission of to open investigations as opposed to the practice of having majority of commissioners, you support this decision? >> i support the agency having every tool at its disposal to police consumer protection and competition. >> i understand that but that's not answering this question, you support that particular decision i am describing? to allow things to proceed rather than a vote of the majority of the commissioners with a single mission approving? >> for investigation, yes, sir. >> i see my time has expired, i
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appreciate you trying to answer the questions, i really do believe each one of these questions could and should be subject to a reasonable yes or no answer. i have gotten back today, i should have gone back and that is concerning to me.te q. >> senator warnock. >> thank you, i want to thank senator lujan for letting me get ahead today. thank you for coming to jackson county, georgia this last week at my invitation. i think it was an important conversation that gave us the opportunity to hear directly from georgians about the importance of broadband and the challenges they are having and how best to get the job done
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with respect to the signing a couple of days ago, bipartisan infrastructure bill you and i have great conversations there you got aon chance to talk face-to-face georgians on the ground but i was particularly struck by one conversation we had with a third-year medical student, you recall he was a student at the school of medicine and he said because his house had such slow speeds, he had to drive to a friend's house to finish his homework. medical school homework. obviously we need that student vito help us make our way throuh the remainder of this pandemic and he's trying to get online to do his medical school homework. we also heard from a parent about how the internet sot slow she and her daughter are trying to log on, neither of them can get anything done.
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she is a nurse practitioner online, she needs to do broadband work, her daughter needs her to study they can't be online at the same time. i think this is a travesty. i think broadband the 21st century with electricity and electric lights, the 20th century, lack of reliable broadband is hurting our kids, itit hurting services like telehealth and our economy. if confirmed, will you commit to working with me and others to support a big goal of connecting every single household in georgia more particularly rural areas and across the country for broadband? can you speak to where that will fit in your portfolio of priorities? >> thank you for the question an invitation to join you in georgia last week, which wasn't a hardship assignment, the focus
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we met with, they all told stories that stayed with you, i can't imagine being in medical school and couch surfing just because that's what you needi to do to go to class during a pandemic so i have conviction he's going to be an b awfully gd doctor monday. the bottom line, this is our moment, this is what it was like in the prior century, we are going to do something audacious and connect every household in this country and we are not going to stop untilop we get one 100% of us with fast, reliable and affordable broadband and i think we should say that clearly and simply because it has to be article. that's how we will produce more equity in this country and more opportunity not just that corner of georgia but throughout the entire nation. >> thank you. and i was honored to be there with you as we talked and heard directly from these families. the broadbent issue as you know, it is multi tiered we are talking about accessibility and
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affordability, access to devices to take advantage of broadband, families need devices to get online but some can't afford laptops and tablets. when working families struggle to afford monthly bills, they don't have hundred dollars lying around to purchase a device. about four in ten lower income families don't have a laptop or tablet at home. do you agree ensuring all families have access to laptops and tablets is a critical component to closing the digital divide? >> yes, i do. y >> thank you so much, i agree obviously and that's why i introduced device access to every american act, this bill will provide essential devices like laptops and tablets for free to low income families so parents and kids can access opportunities for work, school,
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health and more. i am glad this legislation is part of the build back better package and i'm going to work hard until we get signed into law and look forward to working with you in the future to make sure everybody is connected. >> absolutely, thank you. >> thank you. >> thank you. senator. >> i'm going to direct my questions q to mr. bedoya. the biden administration dominated a number of extreme nominees, radicals who advocated for abolishing police and senior officials currently at the justice department. banking regulator who trained in the soviet union and advocates nationalizing the banks and wants to bankrupt thousands of businesses acrossri america and
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unfortunately, as i look at your record, you fall firmly in that line. i see the record of someone who has been left-wing activists backward tour, bomb thrower and extremist. i want to take a minute to explore your views. i look at twitter, you've been very active on twitter. tell me, what are your views on ice? >> thank you for that question, senator. i have called attention to what i see as first amendment violations and. isis based recognition and this has triggered oversight -- >> let's be clear, i'm not talking about the things you say when you are wearing a suit and tie talking about fourth amendment violations, i'm
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talking about what you angrily tweet out to the world, i refer you to a tweet february 26, 2021, it's time to call ice what is, and out-of-control domestic surveillance agency that appears into all of our lives. that's not just simply a comments about an abstract fourth amendment issue, and let's be clear, you also have april 10, 2021, a tweet which is certainly not lackingub in subtlety, a tweet that says maryland police have no business working with ice, maryland police have no business working cewith ice maryland police haveo business working with ice," maryland police have no business working with ice. apparently, your calling on state law enforcement to refuse to cooperate in any way with federal immigration enforcement, how do you explain these tweets?
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are you with the more radical members of the squad and house and argue and advocate for abolishing ice? >> i am not, that last message was rhetoric, the bill posted in support of was a bill to require the government to get a warrant before scanning 7 million drivers basis in support one of the most prominent republicans in our senate, senate christopher west. i worked with you and your staff when i was a staffer, i draft the separation of children act and cosponsored as an amendment so i believe if confirmed, i can and will work across the aisle, set aside my politics to help your constituents and those across the country. >> we will talk more rhetoric, let's look at june 23, 2018, another tweet you sent.
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in this case, you blast a fellow democrat. decorum, directed at housework, thousands of kids separated from their families, some in cages and you go on cnn to ask for decorum for members of the hispanic caucus, you should apologize to those members and latino community so your blasting not just ice or federal law enforcement but you are also blasting democrats who were not sufficiently extreme to your liking when it comes to immigration, is that right? >> i think family separation was a horror. the kids at the border looked -- >> you are troubled by the kids in cages under president trump? >> and as i was troubled with what happened to the children in certain circumstances under the prior admin -- >> heavyset one word about the
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kids cages and biden's cages, the cages are bigger and more full, have you set a word about it is the democrat president putting kids in cages? >> i believe i have. >> heavyset a word about the biden cages works or is that rhetoric only directed at your? >> i can't say i've used the work cages but i have been critical of democrats and republicans alike and i believe democrats -- >> you believe you've been critical of democrats and republicans alike? that is your sworn testimony today? >> yes, and i believe the message you referred to in respect to this speaks to that. >> you retweet joy and read where she says wee are learning daily ugly consequences of having had a white supremacist administration. do you embrace the practice of
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the far left blasting their political opponents as white supremacist and you think that rhetoric is suitable for what's supposed to be an independent agency enforcing the law? >> i don't recall sharing that, i don't believe the prior administration was white supremacist, i worked with democrats and republicans alike on the senate commerce committe- >> you retweeted it and i will enter it to the record, i have one final one which is something else you retweet it where it was, i gave a speech rise at critical race theory is to get it, ally and every bit as racist as klansmen and white sheep. you retweeted some fellow named don king with a gif of slamming the door. i take it you disagree with the proposition that critical race theory is bigoted so tell us
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your views on critical race theory. >> secretary king's great-grandfather was enslaved in maryland and i believe what he was saying was history should be taught in schools. i don't recall that specific message but i don't know if i -- >> do you agree with critical race theory that america is fundamentally racist, institutions are irredeemably racist? >> i do not believe all white people are racist, i haven't given great thought to critical race theory before this hearing but i do not think all white people are racist and i can't recall the provisions of your question. >> madam chair, i ask unanimous consent the tweets i am referring to be entered into the record. >> without objection. >> thank you. as i said in my opening statement and refreshing to
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finally be having a hearing, we are having a conversation about the importance of having five-member communication commission, the importance of what i hope will be a confirmed nti director as well, the importance of having a full ftc as well given all the challenges this committee has had before whether the revelations with the "wall streethe journal", facebok and the importance of protecting children and privacy in the work being done, i want to say acute to the chair and ranking member for ringing this hearing before us and i look forward to other hearings, it is my hope the 67 members who supported the bipartisan infrastructure package my $65 billion to the department ofli commerce, maimig and tia they will move swiftly as well to confirm nti director so we can get that money into our communities but i want to highlight some of the work that
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still needs to be done to protect consumers in new mexico, all forms of productivity more affordable, resilient secure for families in my state, particularlyta in rural and tril communities promoting affordable resilient, secure broadband should be at the core of the ftc's mission. congress hasn't clarified jurisdiction particularly user privacy the ftc complete a report on the privacy practices of internet service providers that gives more evidence that congress must move comprehensive privacy legislation so my question is for bedoya. you can make of this committee to protect consumer privacy including ensuring tech platforms and internet service providers recognize their duty toto secure and minimize use of individuale identifiable information? >> think of a question, the
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answer isam yes. >> the same question. >> absolutely. traditional local communities in new mexico have challenges when it comes to access to high-speed a portable broadband from commissioner you actually wrote on a bus with me in new mexico, retrofitted so students could access the internet. we are seeing the deployment of more of those across america now. drivers and students are more attentive and students get work done. it has become more difficult to access local news and understand department in our own communities, particularly for families who speak spanish at home. newspapers can no longer rely on ad revenue shifting to facebook and google and as we have seen, local trusted voices are difficult to hear through all the noise where misinformation is often allowed into social media companies are doing much worse bringing accountability
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not english language, english spanish when it comes to misinformation.in what can they do to support local newspapers to continue to serve the needs andrs interests around the country? >> it is really important for our democracy that we all get the news, we need to make decisions about the communities where we live in i think it goes to the t heart of licenses for broadcasting because duty under law is for those licensees to serve the community they are in. i think the ftc overtime will have to figure out more ways to encourage them to use that license to truly serve the community because that is a resource we have in the world today and we need to make sure we supported. >> i have also beenn an advocate for diversity media ownership. i've worked with my senate colleagues now and closely with a member of the u.s. house of representatives on this and it's another conversation we can have
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going forward. i recently wasn't capture county in southwestern new mexico, population of about 3500 in the county, a small town of reserves which between 70550 people in there. some of the folks get there internet from aat satellite connection but they are t subjected to data caps and they are not the only one. some of my constituents who receive access to the internet through your phone or other subscription are often subjected data caps, i think is a technology of the past and i don't believe people should pay for long distance callsls anymo, i think it's preying on older americans who predominately are still using that service when they could make a free call from a mobile device if they have those in their home and we should look to modernize revenue streams comes to u.s. debt and i think there are ways we can get to the bottom of making access to internet more affordable modernizing we can keep people
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from having to make choices especially when it comes to not using internet connection to telehealth for students with education, our teachers try to support those students? i'm hopeful we can get that done and i have several other questions that i will submit to the record buto i want to thank mr. bedoya for coming forward. the other three questions i have, i want to say thank you for the work you've done especially racial recognition and what led to facebook finally admitting they should not be collecting that data here and theng rest they are taking it dn but i look forward to the ftc and reminding ftc commissioners herere, i incorrectly said earlr it was two, four plus bedoya, i hope it will be five soon and i hope to get to the bottom of this, with what president biden recently said. thank you. >> thank you.
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>> my questions are primarilyy for chairwoman so thank you for being here today. wyoming is one of the states that had to start developing his own broadband map is a direct result of the fcc's slow pace releasing maps so what is your message to states like wyoming creating their own maps? >> thank you for the question. for too long, ftc collected data for the maps based only on census, who would make this assumption if there is a single subscriber to broadband environment, the service would be available throughout. you don't have too be anyone to know that's not correct. when congress passed broadband data act and authorized funds, it gave the ability to improve on that. working through the government secure progress geocoded data
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about every single structure in the country where we can build broadband. we are going to do a whole lot better than i know we won't do it by ourselves, we have to have outreach to states like wyoming and others make sure they are collecting information about what is going on in their backyard that works with the methods and standards we have at the federal level. we are starting outreach right now and working with tribes which might include the state of wyoming to do that i am optimistic if we work together on this, or have data sets radically superior to anything the ftc has had of the past. >> we look forward to working with you on that. the country that went the 5d race will determine standards and security of 5g infrastructure throughout the globe. we are in jeopardy of losing the 5g race and need spectrum to launch ahead of our competition.
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will you commit to move quickly to establish new 12 gigahertz rules if you find coexistence is possible between terrestrial and satellite users in the band? >> i agree about spectrum and we are coming to the end of our auction about three.45 gigahertz band right now as i speak. band spectrum is the sweet spot to grow 5g economy. we have a proceeding on the 12 gigahertz, there's a lot of engineering issues as you alluded to and we are coming through that because we want to be really careful about deployment of broadband from making sure there's no m interferenceha. >> i'm going to jump to some issues about the universal service fund. i have heard from service providers in my state being squeezed by big tech and streamingni companies taking upo
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75% of rural broadband networks without contributing to the universal service fund. in this case, your streamers get revenue so rural broadband operators get the cost that can't be passed on to subscribers because of affordability concerns high cost rural areas. my friend from new mexico just alluded to some of the issues related to the service fund as well. what are your thoughts about expanding space of services that contribute to the universal service fund? >> thank you for the question, this has come before, my answers a little repetitive. established in 1996, a long time ago and many of the services you are describing what part of our communications back then i think this needs a fresh look and expanding it like you described is a discussion we should have,
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it would requireeq legislation from this congress to do so. >> we would look forward to having you report that studies unrecovereddi costs at the midde mile should pay for the universal service fund and work cost should be covid by the u.s. so i look forward to working with you on that. in wyoming, we are concerned -- i better check my time, it's getting close to the end here. in wyoming, we are concerned about the use of taxpayer dollars to overbuild networks where there is already service when there are areas in our state with no service. same issue raised in new mexico so with that in mind, coordination between the fcc ana tia usda is important to avoid the overbuild because they have programs that support broadband climate. how would you characterize coordination between these agencies and are you concerned
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about this issue? >> we are getting started as i mentioned, we have a f memorandm of understanding, quick got to work with them more carefully, more often and better in light of the recent infrastructure legislation and if confirmed, i would be willing to do so. >> thank you and i apologize for the repetitiveness of my questions from i suspect they are repetitive because they are important to more than just wyoming but we look forward to working with you on these issues and others, thank you and that i yield back. >> senator sinema. >> thank you for joining us today. this week president biden signed into law bipartisan infrastructure jobs act. i was proud to represent the white house, chair cantwell and many of my colleagues on both sides of the aisle. the bipartisan infrastructure invest 65 billing dollars and
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broadband deployment, affordability for low income families, digital inclusion and programs for broadband expansion of rural areas. the federal communication commission has important role to intimate to receive it, arizona is expecting and fermented to benefit our communities. i'd appreciate your work to improve productivity and arizona, particularly withov telehealth. our bipartisan infrastructure while provided significant investment in broadband deployment withbi arizona to receive hundreds of millions of dollars to expand access to broadband internet. this is crucial for arizonans living in rural and tribal areas but you allocate these investments, ftc needs to update broadband n maps to determine which areas of the country cannot be accessed to broadband.
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could you provide an update on the mapping process tell us when the maps will be complete? >> thank you for thena question about the broadbent data act was passed into law in 2020 when i took over at the agency, the first thing we did was set up new broadbent data task force. we procured processing power so wece could take in all of the da and start manipulating it for updated maps. we set up a system to make sure we have a statistically valid way for states like arizona, towns in arizonaon and consumers to challenge any of the data our carriers provide us with. right now we are working to procure and resolve broadbent serviceable location fabric which will feature every buildable location in the uniter states. that's an o ongoing government contracting project we are working fast to finish and as soon as we finish, we will proceed with data to form new maps. michael is to make that available too and tia and others
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who have broadbent authority as a result of this infrastructure legislation because i know that data is vital for them to make smart choices with the funding they have from that bill. >> thank you. give me your experience working to expand broadbent enclosed the digital divide, or other advice you have for states for this bipartisan bill? >> i appreciate your asking this terrific question. i would encourage themto to talk to us, we can tell them what data and information we have. i encouraged him all creatively about different energies that might be able to apply for these funds that would include nontraditional actors like rural electric co-ops and then they will have to think beyond and look at other activities that can increase redundancy and competition in the state. >> arizonans value their privacy they don't want their data used for public purposes are data breached.
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2005, data breaking across arizona cost one billing dollars. arizona works together to develop bipartisan solutions. there are reports the trade commission is considering opening rulemaking data privacy in the commission with out congress new legislation the federal privacy. if you're confirmed, would you support this approach and why or why not? >> i would support rulemaking on unfair or deceptive practices and if it extends to data security, i would emphatically help if confirmed to work with you and your staff to make sure your concerns are addressed but i do agree it's preferable congress to pass a law, unfortunately if it doesn't happen, i want to make to this ,
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committee approved bipartisan legislation developed with senator collins, anti- penalty act. penalties for individuals who provide color identification and formation, i frequently hear from constituents in arizona who were annoyed by calls and robo calls and they are troubling when they're coming from a neighbor or a local business, you support our legislation and how will that complement other efforts to address the issue? >> robo calls are incredibly annoying and among the most annoying are the ones to look like their family or friends, you so you are compelled to pick
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up the phone and answer. the scams are increasing and i appreciate legislation is brought to this committee which wille, increase fines. that is terrific and will helpic us p as we proceed with enforcement activities but there are other things we are doing to cut down on spoofing. requiring technology to be built into our ip networks and the network level, we are engaged call authentication practices that should help cut down on this activity over time. the mix of enforcement technology might be the way we can tackle these calls. >> thank you, my time has expired. thank you for holding this hearing. >> thank you, senator sinema. i don't know if anybody will join us but i think the witnesses, i know it's been a long morning already but i think there's an importantal issue to put onto the record.
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i want to ask you to submit something for the record about commercial service leveraging expertise for u.s. manufacturers on the supply chain, we had a hearing on obviously our legislation being considered and supply chain witnesses who submitted lengthy answers which is helpful developing f legislation so we ask you to submit a lengthy answer on how the commercial service could be used on the expertise helping u.s. manufacturers navigate the supply chain. we support the new national removal replacement restoration grant program part of the legislation passed and signed into law bym the president. noaa scientists are seen in habitat experts and if confirmed, who want to know how you will help with no expertise
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with the department of transportation support this grant program. lots to talk about, my colleagues did a great job bringing up lots ofin issues whh we are happy about, we have a very active committee, very large active committee and a lot to do. we talked about a lot of questions about the mapping. i think the key thing i am looking for here is current mapping available by the fcc. what flaws do you see in it? >> a whole lot. for more than a decade, ftc practices assume that there's a single subscriber in a census
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block, service was available w throughout systematically overstated service and as a result, there are areas in the country we just assume service was for people on the ground will tell you it's not here so we haven't been sending support structures and systems to the right places as a result of the flawed maps so instead of thinking about geography, we have to think about on a buildable location five buildable location because if we don't go to that level, our precision will continue to miss communities who will need assistance including the most recent infrastructure legislation. >> i'm glad you said that last phrase. what word would you use for the current mapping? >> i recall senator tester said fake stink so maybe i will quote him. >> i definitely think they are ludicrousit in making erroneous
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decisions here and that is mapping that microsoft and others have done down to the household level show us the majority of the problem we have broadbentt affordability. >> it's a very big problem. >> access is a problem but a majority of the problem, 65 to 70% is affordability. >> i want to deal with both, i don't want to shortchange affordability equation in urban areas mapping around $2000 a year, you're not investing in broadband so we can keep going on this ludicrous here acting and get down to business on the broadband problem.
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if in ten years from now we still have this in the affordable category, we see this, we see. these counties in the u.s. with worst broadband service having the biggest covid problem. why? ab we couldn't communicate with people. we are not communicating effectively with people so i think the pandemic has showed us we've got to get serious about this map, who got to get serious aboutt urban broadbent's efficiencies, seriouso about the reason why people don't have broadbent and we can't move spending please dollars until we get serious so i look forward to working with you on that and i appreciate your work.e in my state, i know you care aboutaf affordability and rural
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issues and we care about that, probably better than most, we solve problems but we're better than most states but got to solve us. mr. bedoya, i would like to turn to you, my colleagues, i served on judiciary for two years and i learned lots of college professors say things in their naprofessional career they definitely get questioned when they come for positions there so i also believe you have a right to yourself so your commitment to continue to serve and work in a bipartisan basis, i think your comments wholeheartedly, i hope that's what you will be able to achieve. our colleagues brought up this issue privacy many times in the idiscussion, i think the issue
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forue me is when we think about where we have started -- i should start for a second, let go to the ftc authority on manipulation. we offered and wrote anti- manipulation plank which we were successful in gettingeruc in geg into the ftc and getting into the ftc. we did that after crisis because manipulation of electricity markets that cause havoc in my state people want to to see the deep pockets for that. wewe saw the same instances they often have a highest gas prices in the nation because we are an isolated market and all about supply coming from alaska the heart to impact it that we did
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have instances when the market, people we believe were holding the supply outside of the united states to just driveus up costs. i literally had a provider of home heating oil testify before the energy committee they thought they had the ability to do this and try to blame it on the jones act and they did not have the u.s. to artificially create a shortage to jack up prices so i want to know if you will use this authority, i don't know what is happening in this instance as it relates to the supply but i want be investigated by thehe ftc. >> i know this is a priority for you and you worked hard to get that authority to commission these rules and you are eager forhe enforcement and i commit o do everything i can if confirmed to move that forward. >> this is why i think you need
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an aggressive ftc because for many years people told us this was not anan antitrust issue. we don't think they are collaborating artificial shortages and when you look at schemes enron did, they were all about moving supply somewhere else so they would create a shortage. we had one instance where people said they have to shut down a plant and wen saw actual data from region ten they were still up and running when they said they were shut down when they said there was a shortage. we have real world situations now the information age has grown in many ways probably
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beyond what people could have imagined ten years ago so now we need a strong privacy law, carolyn brought up the dilemma about even the enforcement of privacy as it relates to these agreements binding arbitration. to me when you have domestic up domestic violence will have stockers stocking them and software that enables people to help stop them and having kids signed up her mouth like to think we need to do here to make sure we stand up for the privacy rights of individuals and give them protections besides binding arbitration they may or may not have to pay for? i don't think privacy laws say
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let's go into the conference room a facebook lawyer you are paying for is the right solution for privacy woes and having a private right isn't about getting in the box with a facebook lawyer, you may have to pay for on top of it so could you give you views on that? >> there's a place for arbitration in the american legal system where to sophisticated corporate entities being able to resolve complex matter berkeley and i do not think that is a place where consumer rights should be enforced for the reasons you mentioned. arbitration typically involves repeat players and often times the players who use it the most about the companies get to choose the form or pay for the form. as a result, i think there are serious issues, i did work with this specifically for this kind
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of thing occurring with respect to sexual assault and i think it's critical consumers have every right available to them and are able to generally speaking in court. >> we saw ninth circuit decision based on driving technology where the court said yes, you are empowering people to monitor how fast they are doing this and driving. yes, it was an incentive for people to drive even faster so to me, at the question if you have these technologies that are basically in a living stocking and they use them domestic violence and then you say that is theta limitation? you want them to go into a binding arbitration with the company? it hardly feels like a fair day in court for the consumer, particularly women who are
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victims of these stocking attacks. do you want to comment on this further since you brought this case up? and what you think need to do here? >> in respect to the wireless location accuracy issues you describe, i know the ftce enforced wireless carriers on these issues, i want to say i agree with ftc nominee to address this but in respect to consumers, you can't have two unequal parties sitting in a room trying to resolve something through binding arbitration, it puts consumers at a extraordinary disadvantage. they can't be the best our system can produce. >> my, sense is there may be issues of you just didn't remove my name from your list in time. >> there's too much that goes on, when i think about the
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number of boxes i checked on app or splinter information simply to get shipping, you have that moment where you recognize you might be giving away a lot of rights, even though i've been trained as a lawyer, i'm not beating u it, how folks deal wih this on a daily basis, this is not a system that scales built especially therapist stephanie changed in the risk involved. >> it puts the risk back on the consumer. >> yes but it's changed dramatically enabling technology and what does. you see a line here along the harm or the damage it done? i think of data preaching and data breach where your identity and financial wherewithal and things caner be ruined, is there somewhere you think we should change? i heard your answer.
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the question whether you might consider rulemaking here but what do you think we should do trying to address this issue? >> thank you for the question, if we are talking about this issue of stocking apps, there are a couple c things both targeted and slightly broader, one is relentless focus to be honest, it is a shame that this is ann issue ten years later whn fact when i first started working on this, i think the commission has critical action recently on this, i would love to see more work with organizations like domestic violence, permits brief minnesota at the state level and others more broadly though, i think it is important to recognize harms, we can try to
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fact butem after the part of preventing is everyone's goal to make sure the sensitive data to be used to facilitate tragic things like cyber stalking stocking apps, there needs to be rules for protections and when it comes to geolocation, the ease with which the information can be collected, shared, breached, facilitates these harms so it's important to not just go after the targeted harm but also understand ecosystem that facilitates it and put rules of the road to prevent those harms from occurring in the first place. >> definitely want to prevent them from occurring of the first place but what rights do consumers expect when there is major harm done for individuals? >> the right to make sure they have the ability to take their
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rights and defend them in court and in sharp i privacy is protected, oftentimes law enforcers how a lot of things they have to worry about and sometimes privacy harms don't go to the top of that list so that is critical in my view. >> does the fcc have the ability to broader new rule on this? >> i would have to study and get back to you on that. >> would you do that for us? >> yes. >> definitely appreciate an answer here. i do think there are people who wish all of these would be under the same rule so that is an issue as well and as i said, i think there is a lot of my colleagues working on legislation a long time in these areas of good data hygiene and consumer information should be
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given to consumers and i think we're just negligent we don't try to figure this out and get rights for consumers because i think you are not going to contain or continued growth of these activities if you don't have strong deterrence. we can see this in different aspects, i truly believe the information age is a great time to be alive but i also think we have to figure oute how to harness it and make it work for us and not against us. there are certainly examplesee where it can work against us and that is what we need to do with the agencies we are talking about. i willt. end this, i know you joined us remotely because you have someone in the family, your household who tested positive and i hope your son is doing well and i appreciate your participating in the hearing.
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i think that concludes unless we have any other members who want to ask questions but i don't believe so. i want to ask the nominees if confirmed, will you pledge to work collaboratively provide timely responses to request of information as we put together an address ofge policy issues ad appear before the committee when requested? >> yes. absolutely. >> okay, senators will have until monday noon to submit for the record and witnesses will have until monday the 22nd to submit questions for the record and witnesses will have one week to respond so that concludes our hearing. one of the longer hearings,
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