U.S. GOVERNMENT PUBLISHING OFFICE

35–141 WASHINGTON : 2019

DISCUSSION DRAFT: NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION 

REAUTHORIZATION ACT OF 2018 

HEARING 

BEFORE THE

SUBCOMMITTEE ON COMMUNICATIONS AND 

TECHNOLOGY 

OF THE

COMMITTEE ON ENERGY AND 

COMMERCE 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JUNE 26, 2018 

Serial No. 115–146 

( 

Printed for the use of the Committee on Energy and Commerce 

energycommerce.house.gov 

(II) 

COMMITTEE ON ENERGY AND COMMERCE 

GREG WALDEN, Oregon 

Chairman 

JOE BARTON, Texas 

Vice Chairman 

FRED UPTON, Michigan 

JOHN SHIMKUS, Illinois 

MICHAEL C. BURGESS, Texas 

MARSHA BLACKBURN, Tennessee 

STEVE SCALISE, Louisiana 

ROBERT E. LATTA, Ohio 

CATHY MCMORRIS RODGERS, Washington 

GREGG HARPER, Mississippi 

LEONARD LANCE, New Jersey 

BRETT GUTHRIE, Kentucky 

PETE OLSON, Texas 

DAVID B. MCKINLEY, West Virginia 

ADAM KINZINGER, Illinois 

H. MORGAN GRIFFITH, Virginia 

GUS M. BILIRAKIS, Florida 

BILL JOHNSON, Ohio 

BILLY LONG, Missouri 

LARRY BUCSHON, Indiana 

BILL FLORES, Texas 

SUSAN W. BROOKS, Indiana 

MARKWAYNE MULLIN, Oklahoma 

RICHARD HUDSON, North Carolina 

CHRIS COLLINS, New York 

KEVIN CRAMER, North Dakota 

TIM WALBERG, Michigan 

MIMI WALTERS, California 

RYAN A. COSTELLO, Pennsylvania 

EARL L. ‘‘BUDDY’’ CARTER, Georgia 

JEFF DUNCAN, South Carolina 

FRANK PALLONE, JR., New Jersey 

Ranking Member 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

ELIOT L. ENGEL, New York 

GENE GREEN, Texas 

DIANA DEGETTE, Colorado 

MICHAEL F. DOYLE, Pennsylvania 

JANICE D. SCHAKOWSKY, Illinois 

G.K. BUTTERFIELD, North Carolina 

DORIS O. MATSUI, California 

KATHY CASTOR, Florida 

JOHN P. SARBANES, Maryland 

JERRY MCNERNEY, California 

PETER WELCH, Vermont 

BEN RAY LUJA ́ N, New Mexico 

PAUL TONKO, New York 

YVETTE D. CLARKE, New York 

DAVID LOEBSACK, Iowa 

KURT SCHRADER, Oregon 

JOSEPH P. KENNEDY, III, Massachusetts 

TONY CA ́ RDENAS, California 

RAUL RUIZ, California 

SCOTT H. PETERS, California 

DEBBIE DINGELL, Michigan 

SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY

MARSHA BLACKBURN, Tennessee 

Chairman 

LEONARD LANCE, New Jersey 

Vice Chairman 

JOHN SHIMKUS, Illinois 

STEVE SCALISE, Louisiana 

ROBERT E. LATTA, Ohio 

BRETT GUTHRIE, Kentucky 

PETE OLSON, Texas 

ADAM KINZINGER, Illinois 

GUS M. BILIRAKIS, Florida 

BILL JOHNSON, Ohio 

BILLY LONG, Missouri 

BILL FLORES, Texas 

SUSAN W. BROOKS, Tennessee 

CHRIS COLLINS, New York 

KEVIN CRAMER, North Dakota 

MIMI WALTERS, California 

RYAN A. COSTELLO, Pennsylvania 

GREG WALDEN, Oregon (ex officio) 

MICHAEL F. DOYLE, Pennsylvania 

Ranking Member 

PETER WELCH, Vermont 

YVETTE D. CLARKE, New York 

DAVID LOEBSACK, Iowa 

RAUL RUIZ, California 

DEBBIE DINGELL, Michigan 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

ELIOT L. ENGEL, New York 

G.K. BUTTERFIELD, North Carolina 

DORIS O. MATSUI, California 

JERRY MCNERNEY, California 

FRANK PALLONE, JR., New Jersey (ex 

officio) 

(III) 

C O N T E N T S 

Page 

Hon. Marsha Blackburn, a Representative in Congress from the State of 

Tennessee, opening statement ............................................................................ 1 

Prepared statement .......................................................................................... 3 

Hon. Michael F. Doyle, a Representative in Congress from the Commonwealth 

of Pennsylvania, opening statement ................................................................... 3 

Prepared statement .......................................................................................... 5 

Hon. Leonard Lance, a Representative in Congress from the State of New 

Jersey, opening statement ................................................................................... 6 

Prepared statement .......................................................................................... 7 

Hon. Frank Pallone, Jr., a Representative in Congress from the State of 

New Jersey, opening statement .......................................................................... 41 

Prepared statement .......................................................................................... 42 

WITNESSES

Michael D. Gallagher, CEO, Entertainment Software Association ..................... 8 

Prepared statement .......................................................................................... 10 

Answers to submitted questions ...................................................................... 94 

John Kneuer, President, JKC Consulting ............................................................. 20 

Prepared statement .......................................................................................... 23 

Answers to submitted questions ...................................................................... 97 

Joanne S. Hovis, President, CTC Technology and Energy ................................... 29 

Prepared statement .......................................................................................... 31 

Answers to submitted questions ...................................................................... 99 

SUBMITTED MATERIAL

Statement of the Computer & Communications Industry Association ............... 64 

The Entertainment Software Association’s Motion for Leave to Intervene in 

Support of Petitioners .......................................................................................... 66 

Statement of the Coalition for a Secure and Transparent Internet .................... 73 

Statement of the Telecommunications Industry Association ............................... 74 

Article entitled, ’’Wired to Fail,’’ Politico, June 28, 2015 ..................................... 80 

Statement of Organizations fighting against human trafficking ......................... 91 

Letter of May 11, 2018, from Messrs. Shimkus and Ruiz to Alphabet, Inc. ....... 92 

Statement of the Telecommunications Industry Association ............................... 74 

(1) 

DISCUSSION DRAFT: NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION REAUTHORIZATION ACT OF 

2018 

TUESDAY, JUNE 26, 2018 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC. 

The subcommittee met, pursuant to call, at 1:15 p.m., in room 

2322 Rayburn House Office Building, Hon. Marsha Blackburn 

(chairman of the subcommittee) presiding. 

Members present: Representatives Blackburn, Lance, Shimkus, 

Latta, Guthrie, Bilirakis, Johnson, Flores, Brooks, Collins, Walters, 

Costello, Doyle, Welch, Loebsack, Ruiz, Eshoo, Butterfield, Matsui, 

McNerney, and Pallone (ex officio). 

Staff present: Jon Adame, Policy Coordinator, Communications 

and Technology; Robin Colwell, Chief Counsel, Communications 

and Technology; Kristine Fargotstein, Detailee, Communications 

and Technology; Sean Farrell, Professional Staff Member, Communications and Technology; Adam Fromm, Director of Outreach and 

Coalitions; Elena Hernandez, Press Secretary; Paul Jackson, Professional Staff, Digital Commerce and Consumer Protection; Tim 

Kurth, Deputy Chief Counsel, Communications and Technology; 

Lauren McCarty, Counsel, Communications and Technology; Austin Stonebraker, Press Assistant; Evan Viau, Legislative Clerk, 

Communications and Technology; Jeff Carroll, Minority Staff Director; Jennifer Epperson, Minority FCC Detailee; Alex Hoehn-Saric, 

Chief Counsel, Communications and Technology, Jerry Leverich, 

Minority Counsel; Dan Miller, Minority Policy Analyst; Jon Monger, Minority Counsel; Andrew Souvall, Minority Director of Communications, Outreach and Member Services; C.J. Young, Minority 

Press Secretary. 

OPENING STATEMENT OF HON. MARSHA BLACKBURN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE 

Mrs. BLACKBURN. The Subcommittee on Communications and 

Technology will now come to order. The chair now recognizes herself for 5 minutes for an opening statement. 

And I want to welcome you to our hearing on reauthorizing the 

NTIA. This should be a very familiar topic to everyone in the room 

as NTIA reauthorization was also my very first hearing as chair of 

2 

this subcommittee on February 2nd of 2017. Since then, we have 

held nine hearings related to the work of the NTIA, including an 

oversight hearing this spring with the new NTIA administrator. 

I’d like to thank our witnesses for being here. Ms. Hovis has 

been particularly generous with her time, as this is her third appearance before the subcommittee this Congress on NTIA-related 

topics. We welcome Mr. Kneuer back to the subcommittee as well, 

and are pleased to welcome Mr. Gallagher as the fourth former 

NTIA administrator that we have heard from. We appreciate your 

perspectives on the agency and also what music you might have 

been listening to when the NTIA was last reauthorized. Of course, 

as somebody coming from middle Tennessee, I’ll give you a little 

hint. 

Mr. Doyle was dancing the line dance in Pittsburgh to the music 

of Billy Ray Cyrus and ‘‘Achy Breaky Heart.‘‘ I know it. 

Mr. DOYLE. I kind of doubt that but—— 

[Laughter.] 

Mrs. BLACKBURN. I think I am probably right, and it’s also—1992 

is the year that Miley Cyrus was born. This shows you how long 

it has been. 

Make no mistake, the bill before us today is a rural broadband 

bill, and a very important one at that. Many of us hear over and 

over again about the desperate need to connect unserved Americans, and we are willing to invest toward that goal. But we must 

ensure good stewardship of those dollars. We know that without 

Federal involvement, rural areas will continue to be left behind. So 

the best thing that we can do to promote rural broadband is to help 

the Federal Government get its act together. 

Mr. Tonko and Mr. Lance’s ACCESS BROADBAND Act would 

establish a new office within NTIA to do just that. As we saw at 

our last markup, this bill has strong bipartisan support. There is 

just one problem: without giving NTIA the resources it needs to 

start up and follow through on this new function, our subcommittee’s vision will never be realized. 

And the same can be said of our bipartisan consensus that NTIA 

should be pulling in the latest information across the government 

to develop an accurate nationwide map of broadband service to 

guide deployment efforts. We first gave NTIA this task in the 

American Recovery and Reinvestment Act of 2009 and we reaffirmed the priority in RAY BAUM’S Act. Our vision was then enacted in the omnibus, but with funding to get the job started, more 

will need to be done. 

That’s why we have targeted our discussion draft so squarely at 

giving NTIA both the authority and resources to get to work on 

these two bipartisan, urgently needed initiatives. 

Our discussion draft also asserts our leadership and priorities on 

other important areas in NTIA’s purview, including internet governance, supply chain vulnerabilities, and getting our first responders the very best, most accurate location information when someone calls 911. 

And here is the alternative. For 26 years, we have funded NTIA 

without an authorization from this committee, and every time we 

fail here, we fail the jurisdiction of this committee. But with the 

level of consensus we have on our vision of NTIA’s leadership on 

3 

rural broadband, that would be a real shame, and I don’t intend 

for us to let that happen. 

So at this time, I yield back the balance of my time and I yield 

to Mr. Doyle 5 minutes for an opening statement. 

[The prepared statement of Mrs. Blackburn follows:] 

PREPARED STATEMENT OF HON. MARSHA BLACKBURN

Good afternoon and welcome to our hearing on reauthorizing the NTIA. This 

should be a familiar topic to everyone in the room as NTIA reauthorization was also 

my first hearing as chair of this subcommittee on February 2nd of 2017. Since then, 

we have held nine hearings related to the work of NTIA, including an oversight 

hearing this spring with the NTIA Administrator. 

I’d like to thank our witnesses for being here. Ms. Hovis has been particularly 

generous with her time, as this is her third appearance before the subcommittee 

this Congress on NTIA-related topics. We welcome Mr. Kneuer back to the subcommittee as well, and are pleased to welcome Mr. Gallagher as the fourth former 

NTIA Administrator we have heard from. We appreciate your perspectives on the 

agency, and also what music you might have been listening to when the NTIA was 

last reauthorized. I’ll give you a little hint, it was the year that Miley Cyrus was 

born. 

Make no mistake, the bill before us today is a rural broadband bill, and a very 

important one at that. Many of us hear over and over again about the desperate 

need to connect unserved Americans, and we are willing to invest toward that goal, 

but we must ensure good stewardship of those dollars. We know that without Federal involvement, rural areas will continue to be left behind. So the best thing we 

can do to promote rural broadband is to help the Federal Government get its act 

together. 

Mr. Tonko and Mr. Lance’s ACCESS BROADBAND Act would establish a new office within NTIA to do exactly that. As we saw at our last markup, it has our strong 

bipartisan support. There’s just one problem: without giving NTIA the resources it 

needs to start up and follow through on this new function, our subcommittee’s vision 

will never be realized. 

And the same can be said of our bipartisan consensus that NTIA should be pulling in the latest information across the government to develop an accurate, nationwide map of broadband service to guide deployment efforts. We first gave NTIA this 

task in the American Recovery and Reinvestment Act of 2009, and we reaffirmed 

the priority in RAY BAUM’S Act. Our vision was then enacted in the omnibus, but 

with funding to get the job started, but more will be needed. 

That’s why we have targeted our discussion draft so squarely at giving NTIA both 

the authority and the resources to get to work on these two bipartisan, urgently 

needed initiatives. And I hope we will be able to move it forward on a bipartisan 

basis. 

Our discussion draft also asserts our leadership and our priorities on other important areas in NTIA’s purview, including internet governance, supply chain 

vulnerabilities, and getting our first responders the very best, most accurate location information when someone calls 911. 

Here is the alternative. For 26 years we have funded NTIA without an authorization from this Committee. And every time we fail here, we fail the jurisdiction of 

this Committee. But with the level of consensus we have here on our vision of 

NTIA’s leadership on rural broadband, that would be a real shame, and I don’t intend for it to happen. 

At this time, I will yield to the ranking member of the subcommittee, Mr. Doyle, 

for 5 minutes for an opening statement. 

OPENING STATEMENT OF HON. MICHAEL F. DOYLE, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH 

OF PENNSYLVANIA 

Mr. DOYLE. Thank you, Madam Chair, for holding this hearing 

and thank you to the witnesses for appearing before us today. 

The National Telecommunications and Information Administration plays a critical role of advising the President on telecommunications and information policy issues. 

4 

NTIA also manages federal spectrum usage and has been a key 

partner in freeing up more spectrum for commercial use. In doing 

so, they have generated tens of billions in revenue for the Federal 

Government—a mission that I strongly believe we can do more to 

help them accomplish. 

The AIRWAVES Act, a bipartisan bicameral bill that I’ve sponsored with Mr. Lance, along with Senators Gardner and Hassan, 

furthers this mission by freeing up additional federal spectrum for 

commercial use and paves the way for our nation’s 5G future. AIRWAVES frees up a combination of licensed and unlicensed spectrum to meet our nation’s diverse spectrum needs. 

The bill also sets up a new mechanism to help deploy broadband 

in rural and underserved communities by directing a portion of the 

spectrum auction revenue to wireless broadband deployment. 

Madam Chair, this legislation is supported by a number of our 

colleagues on this committee on both sides of the aisle and I think 

it merits consideration by this subcommittee. 

I think this legislation could go a long way to accomplishing 

many of our shared goals. Going back to NTIA, the agency also administers grant programs to deploy broadband and other advance 

technologies, including the very successful $4 billion BTOP 

broadband program. 

The lessons learned from this program led to the creation of 

Broadband USA, a one-stop shop that helps state, local governments, industry, and nonprofits obtain the tools they need to expand broadband deployment and promote digital inclusion. 

I am happy to see that the reauthorization draft before us includes Mr. Tonko’s bipartisan ACCESS BROADBAND Act, which 

we voice voted out of this subcommittee 2 weeks ago. 

This legislation puts into statute many of the things that NTIA 

is already doing through the Broadband USA program. I am also 

happy to be a cosponsor of this legislation. 

This is a good start, but if we are going to help our rural and 

underserved communities address their broadband needs, we need 

to put our money where our mouth is and dedicate more dollars to 

solving this problem, particularly if we ever want to get people connected in rural and tribal communities as well as in Puerto Rico 

and other areas suffering from storm-related damage and outages. 

Ranking Member Pallone’s LIFT America Act sets out $40 billion 

in funds to help address our nation’s broadband shortfalls. This is 

the kind of commitment we need if we want to address these problems, because if we continue to just sit here, these problems aren’t 

going to solve themselves. 

The draft reauthorization also directs NTIA to continue working 

on the national broadband map, another Recovery Act program 

that, like BTOP, has run out of money. I agree with the majority 

that having accurate broadband maps is important both for the 

government and for consumers and communities. We can’t solve a 

problem that we don’t know the scale of. Looking at the mapping 

debacle in the FCC’s Mobility Fund II’s proceedings demonstrates 

the need for better data. 

The agency also represents and advocates on behalf of the United 

States internationally on matters of internet governance and telecommunications policy. 

5 

In this time of fractured alliances and tumultuous trade policy, 

a globally unified free and open internet is more important than 

ever. NTIA, as our representatives to a number of these global 

internet governance organizations, needs to advance that message 

through what seems to be a great deal of noise from our government. 

NTIA also does critical spectrum research at the lab in Colorado, 

which we need to do more to support. They’ve also been a critical 

partner in housing and launching FirstNet, our nation’s public 

safety broadband network, which I am happy to note every state 

has opted into. 

They have also done good work developing policies on a range of 

complex technical subjects including privacy, cybersecurity, and the 

digital economy. 

Madam Chair, I support this agency and I support giving this 

agency more resources to accomplish its many missions. I look forward to hearing from the witnesses and working with you on this 

legislation, and I yield back. 

[The prepared statement of Mr. Doyle follows:] 

PREPARED STATEMENT OF HON. MICHAEL F. DOYLE

Thank you, Madam Chairman for holding this hearing, and thank you to the witnesses for appearing before us today. 

I just want to start by saying that I’m concerned we don’t have someone from the 

agency we are planning to reauthorize here to testify. While I appreciate the time 

and effort the witnesses have taken out of their schedules to appear before us today, 

I’m deeply concerned that without participation from representatives of the agency 

itself we will not be fully able to understand the needs of the agency and how best 

this subcommittee can help them in accomplishing their mission. 

That issue aside, the National Telecommunications and Information Administration plays the critical role of advising the President on telecommunications and information policy issues. 

NTIA also manages Federal spectrum usage and has been a key partner in freeing up more spectrum for commercial use, in doing so they have generated tens of 

billions in revenue for the Federal Government—a mission that I strongly believe 

we can do more to help them accomplish. 

The Airwaves Act, a bipartisan-bicameral bill that I have sponsored with Mr. 

Lance, along with Senator’s Gardner and Hassan, furthers this mission by freeing 

up additional federal spectrum for commercial use and paves the way for our nation’s 5-G future. The Airwaves Act frees up a combination of licensed and unlicensed spectrum to meet our nation’s diverse spectrum needs. 

The bill also sets up a new mechanism to help deploy broadband in rural and underserved communities, by directing a portion of the spectrum auction revenue to 

wireless broadband deployment. 

Madam Chairman, this legislation is supported by a number of our colleagues on 

this committee on both sides of the aisle, and I think it merits consideration by this 

subcommittee. I think this legislation could go a long way to accomplishing many 

of our shared goals. 

Going back to NTIA, the agency also administers grant programs to deploy 

broadband and other advanced technologies, including the very successful $4 billion 

B-TOP broadband program. 

The lessons learned from this program led to the creation of Broadband-USA, a 

one-stop shop that helps states, local governments, industry, and non-profits obtain 

the tools they need to expand broadband deployment and promote digital inclusion. 

I’m happy to see that the reauthorization draft before us includes Mr. Tonko’s bipartisan Access Broadband Act, which we voice voted out of this subcommittee 2 

weeks ago. This legislation puts into statute many of the things that NTIA is already doing through the Broadband USA program. I’m also happy to be a cosponsor 

of this legislation 

It’s a good start, but if we are going to help our rural and underserved communities address their broadband needs, we need to put our money where our mouth 

is and dedicate more dollars to solving this problem, particularly if we ever want 

6 

to get people connected in rural and tribal communities as well as in Puerto Rico 

and other areas suffering from storm related damage and outages. 

Ranking Member Pallone’s Lift America Act sets out 40 billion dollars in funds 

to help address our nation’s broadband shortfalls. This is the kind of commitment 

we need if we want to address these problems. If we continue to just sit here, these 

problems aren’t going to solve themselves. 

The draft reauthorization also directs NTIA to continue working on the National 

Broadband Map, another Recovery Act program that, like B-TOP, has run out of 

money. I agree with the majority that having accurate broadband maps is important 

both for the government and for consumers and communities. We can’t solve a problem that we don’t know the scale of. Looking at the mapping debacle in the FCC’s 

Mobility Fund 2 proceeding demonstrates the need for better data. 

The NTIA also represents and advocates on behalf of the United States internationally on matters of internet governance and telecommunications policy. 

In this time of fractured alliances and tumultuous trade policy, a globally unified 

free and open internet is more important than ever. NTIA, as our representative 

to a number of these global internet governance organizations, needs to advance 

that message, through what seems to be a great deal of noise from our government. 

NTIA also does critical spectrum research at the lab in Colorado, which we need 

to do more to support. They have also been a critical partner in housing and launching First-NET, our nation’s public safety broadband network, which, I’m happy to 

note, every state has opted into. 

They also have done good work developing policies on a range of complex technical 

subjects including: privacy, cybersecurity, and the digital economy. 

Madam Chairman, I support this agency, and I support giving this agency more 

resources to accomplish its many missions. I look forward to hearing from the witnesses and working with you on this legislation. 

Mrs. BLACKBURN. The gentleman yields back. 

Mr. Lance, you are recognized on Chairman Walden’s. 

OPENING STATEMENT OF HON. LEONARD LANCE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY 

Mr. LANCE. Thank you very much, Chairman Blackburn, and our 

thanks to the distinguished panel for appearing before us today. 

Following the landmark bipartisan passage of RAY BAUM’S Act 

earlier this year, which reauthorized the FCC for the first time 

since 1990, we are now looking to reauthorize the NTIA for the 

first time since 1992. I commend the chairman for fulfilling the 

subcommittee’s authorizing duties. 

I am pleased that the draft legislation also includes the ACCESS BROADBAND 

Act, which I introduced last year with Congressman Tonko and that we recently reported unanimously out of this subcommittee. The bill would create a new office 

within NTIA tasked with tracking all Federal broadband support programs across 

several agencies, and ensuring Federal broadband funds are used efficiently. It is 

important to recognize that Federal funds for broadband deployment are finite and 

must be focused on the areas of the country that need them the most. This new office will help make sure that agencies are not duplicating each other’s efforts by 

overbuilding broadband infrastructure. 

While the standalone bill continues through the committee process, I believe it still makes sense also to include it with the reauthorization language before us today. During my conversations 

with the NTIA before and after introduction of ACCESS 

BROADBAND, the agency emphasized the need for additional resources to implement this new office properly. By reauthorizing 

NTIA for the first time in 26 years, we provide it with those additional resources. 

I thank the panel for being with us and look forward to discussing these and other important issues facing the NTIA. I ask 

unanimous consent from the chairman to enter a letter of support 

7 

from the Computer and Communications Industry Association into 

the record. 

Mrs. BLACKBURN. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mr. LANCE. Thank you, Chairman, and I yield back the balance 

of my time. 

[The prepared statement of Mr. Lance follows:] 

PREPARED STATEMENT OF HON. LEONARD LANCE

Thank you Chairman Blackburn and thank you to our distinguished panel for appearing before us today. 

Following the landmark, bipartisan passage of RAY BAUMS Act earlier this year, 

which reauthorized the FCC for the first time since 1990, we are now looking to 

reauthorize the NTIA for the first time since 1992. I commend the Chairman for 

fulfilling the Subcommittee’s authorizing duties. 

I am pleased that the draft legislation also includes the ACCESS BROADBAND 

Act, which I introduced last year with Congressman Tonko and that we recently reported unanimously out of this subcommittee. The bill would create a new office in 

within NTIA tasked with tracking all Federal broadband support programs across 

several agencies, and ensuring Federal broadband funds are used efficiently. It is 

important to recognize that Federal funds for broadband deployment are finite and 

must be focused on the areas of the country that need it the most. This new office 

will help make sure that agencies are not duplicating each other’s efforts by overbuilding broadband infrastructure. 

While the standalone bill continues through the Committee process, I believe it 

still makes sense to include it with the reauthorization language before us today. 

During my conversations with NTIA before and after introduction of ACCESS 

BROADBAND, they have emphasized the need for additional resources to implement this new office properly. By reauthorizing NTIA for the first time in 26 years, 

we provide them with those additional resources. 

I thank the panel for being with us and look forward to discussing these and other 

important issues facing the NTIA. 

Mrs. BLACKBURN. Anyone seeking the balance of the time the 

gentleman yields back? 

And Mr. Pallone has not arrived. Is there anyone seeking Mr. 

Pallone’s time? No one seeking Mr. Pallone—— 

That concludes the member opening statements. The chair would 

like to remind members that pursuant to the committee rules, all 

members’ opening statements will be made a part of the record. 

We want to thank all of our witnesses for being here today and 

taking time to testify before the subcommittee. Today’s witnesses 

will have the opportunity to give opening statements, followed by 

a round of questions from members. 

Our panel for today’s hearing will include the Honorable Michael 

Gallagher, former NTIA administrator and the current CEO of the 

Entertainment Software Association; the Honorable John Kneuer, 

former NTIA administrator and the current President of JKC Consulting; and Ms. Joanne Hovis, the President of CTC Technology 

and Energy. 

We appreciate each of you being here today and preparing your 

testimony for the committee. We will begin today with you, Mr. 

Gallagher. 

You are recognized for 5 minutes for an opening statement. 

8 

STATEMENTS OF THE HONORABLE MICHAEL D. GALLAGHER, 

CEO, ENTERTAINMENT SOFTWARE ASSOCIATION; THE HONORABLE JOHN KNEUER, PRESIDENT, JKC CONSULTING; JOANNE S. HOVIS, PRESIDENT, CTC TECHNOLOGY AND ENERGY 

STATEMENT OF MICHAEL GALLAGHER 

Mr. GALLAGHER. Good afternoon, Chairman Blackburn and 

Ranking Member Doyle. My name is Mike Gallagher and I am the 

CEO of the Entertainment Software Association. 

Today, however, I am here in my capacity as the former NTIA 

administrator. I served as both Deputy Assistant Secretary and Assistant Secretary from the years 2001 to 2006. 

I am also delighted to be here at the side of my good friend and 

colleague, John Kneuer. He and I overlapped 3 years together. So, 

many of the accomplishments that the administration achieved in 

our space we did together and he was terrific as a team member 

when we were together and he was even better as an assistant secretary. 

Our country and NTIA are also richly well served by having 

David Redl as its new administrator. He has both the energy and 

the experience to drive the agency where we need to be in a very 

complex world in front of us. 

And before addressing substantive issues, I’d like to begin by 

saying I strongly endorse the committee’s efforts to reauthorize 

NTIA and to focus the agency on the policy objectives that are core 

to the agency’s competencies and expertise. 

NTIA is a low-cost high-impact agency that plays a vital role in 

expanding broadband access for all Americans and in protecting 

the missions of both the military and other government agencies as 

well as promoting the growth of the private sector through its spectrum management efforts. It also has a great tradition of doing so 

in a bipartisan manner, which is reflective of the draft that we are 

here to speak about today. 

My written testimony specifically points to several issues of very 

significant importance for NTIA leadership and that enjoy this 

committee’s support. 

The first is the imperative rural broadband growth. It is important, but as a country, the benefits of broadband technology extend 

absolutely as far as possible to everyone and that includes taking 

continued efforts and redoubling efforts to make sure that that remains a key focus. 

Alongside of that and along with a great track record are the 

spectrum policy enhancements. Specifically, I point to three areas 

where NTIA has a history of accomplishing important work and 

leading the country and the world on how to deploy spectrum policy and, first, is in dynamic spectrum access. 

Ten years ago, in the 5 GHz band, we were able to double the 

amount of spectrum for wi-fi by using dynamic spectrum access 

technologies. 

That same approach could bear significant fruit in the years 

ahead for the country, and that’s both for government and for private sector uses. 

9 

It’s also important that we identify additional unlicensed spectrum. We enjoy the fruits of unlicensed spectrum with all the devices that we carry with us. The continued growth of that is a top 

priority for NTIA and that’s important for us to have it remain center of target. 

And then, finally, it’s also important to maintain the focus on 

achieving exclusive private sector spectrum and having more of 

that come from the federal government to the private sector 

through auction because of new technologies that make that possible. 

I also fully endorse the committee’s efforts too on the WHOIS 

database. It’s critical important that the WHOIS database maintain a very high profile in all of our international engagements and 

that it is a top priority for law enforcement, it’s a priority for copyright holders like the industry that I represent, and for other 

issues relative to cyber-crime. 

The national broadband map and the creation of the Office of 

Internet Connectivity and Growth are also tremendous steps forward. I fully support those. 

Having a central clearinghouse where these programs can be administered in a very efficient way, it makes great sense and it’s of 

even higher importance. 

As forecasted by dozens of witnesses over the last 25 years before 

this committee, the world is increasingly connected. Broadband has 

gone from a vision of George Gilder to the reality that’s in the 

hands of each of us and over 4 billion people around the world. 

That connected world presents tremendous opportunities and 

risks, and it’s imperative that NTIA be focused and resourced to 

drive success for all of us in the years ahead. 

I commend the committee for its draft reauthorization legislation 

and I look forward to answering any questions. 

[The prepared statement of Mr. Gallagher follows:] 

10 


35141.001

Testimony of Michael D. Gallagher 

President and CEO, Entertainment Software Association 

Before the 

Committee on Energy and Commerce 

Subcommittee on Communications and Technology 

U.S. House of Representatives 

June 26,2018 

Good afternoon, Chairman Blackburn and Ranking Member Doyle and distinguished 

members of the Subcommittee. I would first like to thank you for inviting me here today to 

testify on the reauthorization of the National Telecommunications and Information 

Administration (NTIA). I am Michael D. Gallagher, President and CEO of the Entertainment 

Software Association (ESA). ESA is the U.S. trade association in service to companies that 

publish computer and video games for consoles, personal computers, the Internet, and mobile 

phones. More importantly for this hearing, I also have had the privilege of serving as Assistant 

Secretary for Communications and Information at the U.S. Department of Commerce. I am 

appearing before you today in that latter capacity to offer my thoughts, as a former NTIA 

Administrator, on how Congress can help focus NTIA's priorities through this reauthorization. 

Introduction 

The NTIA plays a vital role in developing and driving the Executive Branch's policies on 

telecommunications and information technology. For years, its policy mission has focused on 

expanding broadband Internet access and adoption and ensuring that the Internet remains an 

engine for innovation and economic growth. Consideration of this reauthorization bill comes at 

an important point in time-as we stand on the cusp of the SG rollout that will require the 

marshalling of our spectrum resources, continue to address the stubborn gaps in broadband 

availability and adoption, and navigate changing regulatory environments abroad that will affect 

industries with global reach. By reauthorizing the NTIA, Congress can add much-needed 
11 


35141.002

resources to enable the agency to address these challenges and opportunities. Congress can also 

use this bill to re-focus the agency on the policy objectives that are core to the agency's 

competencies and expertise. 

I commend the Subcommittee on highlighting important issues in the draft, including 

improving location technology for emergency services, and streamlining and consolidating 

broadband support programs administered by various executive agencies into an Office of 

Internet Connectivity and Growth. In my testimony, I will focus on two issues that are 

particularly important to NTIA's mission going forward: (1) improving rural broadband access, 

including by expanding the availability of spectrum for commercial use, and (2) ensuring the 

continued availability ofWhois, a transparency tool that is vital to law enforcement, consumer 

protection, and intellectual property rights in the Internet ecosystem. 

Rural Broadband 

Improving Broadband Availability Mapping 

In order to develop and implement the right policies to promote broadband deployment 

and adoption, we of course first need to understand broadband availability. Knowing where 

broadband deployment is still lacking will allow the government to better target policies to 

promote additional private sector investment. Geographic precision is necessary to hit this 

target. A high level of granularity is particularly important for determining availability in rural 

communities, where the distances between homes and businesses and the nearest network access 

point can be much greater compared to those in urban and suburban communities. 

Over the years, NTIA and others have collected a wealth of data on broadband 

deployment and adoption from different sources. At the direction of Congress, the Federal 

Communications Commission (FCC) first started tracking and reporting on broadband 

2 
12 


35141.003

deployment at the turn ofthc century. 1 NTIA, carrying out its congressional mandate, has also 

played an important role in studying the availability and use of broadband Internet access. NTIA 

works with the Census Bureau on surveys and analyses of broadband availability and adoption. 2 

Together with the FCC, NTIA developed the National Broadband Map. 3 Non-governmental 

research, such as surveys conducted by the Pew Research Center, have also periodically studied 

broadband adoption. 4 The quality of data collected has improved over time. For example, in 

2014, the FCC revised its Form 477 to collect and analyze broadband availability at a census 

block level, which has significantly improved the accuracy and precision of our data. 

Still, there is room for improvement, and we must do better. The data currently collected 

indicates only whether broadband is available anywhere in a given census block, and we are left 

to infer that residents elsewhere in that same block might also have access to the same service. 

But a census block can vary greatly in size, depending upon whether it is in an urban or rural 

environment. While the availability of service in one part of the block in urban and suburban 

communities suggests that the provider can, within reasonable costs, extend the service to other 

customers in the same block, that same inference may not be warranted with respect to rural 

1 See Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans 

in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to 

Section 706 of the Telecommunications Act of 1996, Report, 14 FCC Red. 2398 (!999). 

2 See National Telecommunications and Information Administration, Blog Post, "New Data Show 

Substantial Gains and Evolution in Internet Use" (June 6, 20 18), 

https://www.ntia.doc.gov/blog/20 18/new-data-show-substantial-gains-and-evolution-internet-use ("NTIA 

June 6, 2018 Blog Post"). 

3 See FEDERAL COMMUNICATIONS COMMISSION, MAPS, https://www.fcc.gov/reports-research/maps/ (last 

visited June 24, 2018). 

4 See, e.g., PEW RESEARCH CENTER, INTERNET/BROADBAND FACT SHEET, 

http://www.pewintemet.org/fact-sheetlinternet-broadband/ (last visited June 24, 2018). 

3 
13 


35141.004

communities, where census blocks can encompass hundreds of square miles. 5 Broadband 

availability is critical for economic development in rural regions, and we need to consider new 

ways of collecting and measuring data to help us better serve those communities. 

I applaud the reauthorization bill's focus on NTIA's leadership role in developing and 

improving the National Broadband Map. I also support its recognition that NTIA can and should 

use the existing expertise of the States, other Federal resources, and public-private partnerships. 

Better policy begins with better data, and I am confident that NTIA can help gather and analyze 

that data. 

Increasing Efficient Use of Spectrum Resources 

Ensuring the availability of wireless spectrum for the private sector is also critical for 

expanding broadband access in rural communities. Given the economics of network build-out in 

low-density, geographically dispersed communities, wireless holds significant promise for 

bridging the urban-rural broadband gap. The data we do have confirms that more cost-effective 

measures are necessary to make meaningful reductions in that gap. 

Broadband availability and use have steadily increased in the United States overall in the 

past decade. However, the gap between rural communities on the one hand, and urban and 

suburban communities on the other hand, has been stubbornly persistent. For example, an NTIA 

report in 2016 found that "the [Internet use] gap between rural and urban populations has 

remained remarkably consistent for at least as long as NTIA has been gathering data on Internet 

use."6 The gap between rural and urban communities in 1998 was approximately 6 percentage 

5 UNITED STATES CENSUS BUREAU, GEOGRAPHIC TERMS AND CONCEPTS- BLOCK, 

https://www.census.gov/geo/referencc/gtc/gtc block.html. 

6 See National Telecommunications and Information Administration, Blog Post, "The State of the 

Urban/Rural Digital Divide" (Aug. 10, 2016), https:/!www.ntia.doc.gov/blog/2016/state-urbanruraldigital-divide. 

4 
14 


35141.005

points, and remained at 6 percentage points in 2015. 7 This gap has persisted even as other 

differences in Internet adoption along demographic lines, such as income and race, have 

narrowed over time. 8 Indeed, by some accounts, the gaps in availability and adoption rates 

between rural and urban communities may have actually widened in recent years. For example, 

according to the FCC's 2018 Broadband Report, between 2014 and 2016, the gap between urban 

and rural LTE penetration increased from 11.6 percentage points to 20.4 percentage points, 

attributable almost entirely to the growth of L TE availability in urban areas but its stagnation in 

rural areas.9 By making more spectrum available for wireless broadband, NTIA can make 

important contributions to narrowing this gap. 

Freeing up additional. unused Federal spectrum 

First, it is important that NTIA continue the search for additional ways to promote 

efficient use of Federal government spectrum. I applaud and support the momentum to identify 

spectrum suitable for sharing between government and private sector users. However, 

experience shows us that the quest for identifying additional spectrum for exclusive nongovernment use must continue as well. 

At Congress's direction, NTIA has been successful in the past in identifying unused or 

inefficiently-used Federal spectrum that has been reallocated from 12 government agencies for 

licensed commercial use. For example, the A WS-1 auction in 2006 reallocated spectrum in the 

1710-1755 MHz from Federal users. The auction generated nearly $14 billion. Moreover, the 

7 See id. 

'See NT!A June 6, 2018 Blog Post. 

9 2018 Broadband Deployment Report at~ 52, Table 2b. 

5 
15 


35141.006

released spectrum enabled the rollout of 3G mobile wireless services across the country, which 

provided broadband speeds that propelled the development and adoption of the mobile Internet. 

Need for more advanced spectrum sharing 

Second, we all recognize that spectrum is a finite resource and that there is only so much 

that can be allocated to exclusive commercial use or for unlicensed use. For that reason, we 

must continue to prioritize technologies and regulations that enable spectrum sharing both for 

licensed and unlicensed use. 

The benefits of increasing unlicensed use in valuable bands are well known. The 

expansion of unlicensed uses in the 5 GHz band over time has improved Wi-Fi speeds and 

encouraged the development of fixed wireless broadband services. For example, the addition of 

255 MHz of spectrum in the 5 GHz band in 2003 nearly doubled the amount of 5GHz spectrum 

for Wi-Fi and allowed for speeds of up to 54 Mbps. 10 The Federal users, including for 

radio location services, shared the band and were able to continue to operate without interference 

from the new unlicensed users. 11 I encourage the Subcommittee to consider focusing on similar 

efforts to make more spectrum available for unlicensed use as part of the reauthorization process 

In addition to allowing users in different regions, or at different times, to share use of the 

same bands of spectrum, NTIA can and should continue to lead the way in advancing Dynamic 

Spectrum Access (DSA). Dynamic sharing will be critical for the move to 5G technologies and 

the accompanying increased bandwidth demands. 

As we have seen, the economic value of moving to more efficient technologies is a boost 

to the Federal agencies as welL By deploying the funding mechanisms in the Commercial 

10 See Revision of Parts 2 and 15 of the Commission's Rules to Permit Unlicensed National Information 

Infrastructure (U-Nll) devices in the 5 GHz band, Report and Order, 18 FCC Red. 24484 (2003). 

11 See !d.~ 3. 

6 
16 


35141.007

Spectrum Enhancement Act, 12 agencies can upgrade their dated and inefficient systems to 

modem systems without burdening their agency's core budget. The upgrades are completely 

funded by the auction proceeds. The proven success of this approach should inform future 

policy actions. 

In particular, more advanced sharing of low frequency bands can help expand broadband 

access in rural areas. The physical properties of lower frequency spectrum make it easier for 

wireless providers to reach users across the greater geographical distances in rural communities. 

In 2006, working with the FCC, NTIA launched the Test-Bed program to explore increased 

spectrum sharing among Federal and non-Federal users in lower frequency bands. I applaud the 

progress that NTIA has made working with Federal users, the FCC, the academy, and private 

industry, to expand the field testing efforts. I would encourage the Subcommittee to give NTIA 

the additional resources that it needs to continue this important work. 

Preserving Access to Whois Information 

I want to touch on another important aspect of the bill: acknowledging the critical role 

that the Internet domain name service, Whois, plays in consumer protection, law enforcement, 

and intellectual property rights. Some have suggested that recent legal developments in the EU 

necessitate the removal of information from Who is, or the scaling back of information collection 

going forward. In fact, access to such information on Whois has already been suspended. While 

others have convincingly argued that there is no such requirement, 13 I want to express support for 

the statement in the bill's Sense of Congress on the importance of preserving Who is data, and to 

12 Commercial Spectrum Enhancement Act, Pub. L. 108-494 (2004). 13 See, e.g., The Internet Corporation for Assigned Names and Numbers, Press Release, "ICANN Files 

Legal Action in Germany to Preserve WHOIS Data (May 25, 2018), 

https://www.icann.org/news/announcement-2018-05-25-en. 

7 
17 


35141.008

recommend that the Subcommittee provide its fullest support for the NTIA Administrator in 

promoting this position abroad. 

When businesses, organizations, or individuals register a domain name with the Internet 

Corporation for Assigned Names and Numbers (ICAJ\TN), they are required to provide basic 

identifying and contact information, including a name, phone number, and address. This data is 

publicly available through a database called Whois, which is maintained by ICANN and provides 

information for every registered domain name. Whois provides a vital function in the Internet 

ecosystem by promoting transparency for law enforcement, consumers, and intellectual property 

owners, among others. 

Law enforcement officials have emphasized the importance of the Whois database for 

years. By using information available through Who is, investigators are able to identify the 

individual or entity responsible for a website that may be involved in criminal activity, and they 

can use that information to focus their investigation and to serve as a "starting point for utilizing 

other investigative techniques." 14 For example, in 2003, a senior FBI official testified before the 

House Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet, 

explaining the value of the database: "Cyber Division investigators use the Whois database 

almost every day. Querying of domain name registries is the first step in many cybercrime 

investigations." 15 

Whois has been important to consumer protection efforts in the United States. In 2006, 

then-Chairman of the Federal Trade Commission, John Leibowitz, issued a statement before 

14 James E. Farnan, Testimony Before the House Committee on the Judiciary, Subcommittee on Courts, 

Intellectual Property, and the Internet, Federal Bureau of Investigation (Sept. 4, 2003), 

https:l/archives.fbi.gov/archives/news/testimonylthe-whois-database-and-cybercrime-investigation. 

15 !d. 

8 
18 


35141.009

ICANN explaining how the service aided the FTC in carrying ou~ its mission. In one instance, 

he explained how, "[u]sing Whois data, the FTC found the defendants, stopped their illegal 

conduct, and obtained a judgment for millions of dollars in consumer redress." 16 Using Whois, 

consumers can also directly access more information about the websites they visit and use that 

information in reporting potential fraudulent activities. For instance, FTC staff noted that "a 

significant number" of consumer complaints the agency receives referenced the Whois 

database, 17 indicating that many consumers used this publicly available information as an initial 

way to gather more information about the domain name in question. The Organisation for 

Economic Co-operation and Development has also weighed in on this issue, concluding that 

"[e]ffective identification of online businesses is one element of the framework for consumer 

trust." 18 

Whois is also a valuable tool for enforcing intellectual property rights, which has been 

and will continue to be the engine for economic growth. Indeed, the International Trademark 

Association issued a statement in support of the database, explained how intellectual property 

owners could use the database to protect their property, and warned, "elimination or reduction of 

open access to ownership information contained in the Whois database will result in increased 

abuses of intellectual property and online fraud." 19 

16 John Leibowitz, Prepared Statement of the Federal Trade Commission before the Internet Corporation 

for Assigned Names and Numbers ("ICANN") Meeting Concerning Whois Databases, at 4-5 (June 2006), 

https:/ /www. icann .orgl en/ system/fi les/files/leibowitz-!nar -26 j un06-en. pdf ("FTC Statement"). 

17 Jd. at 7. 

18 Consumer Policy Considerations on the Importance of Accurate and Available Whois Data, 

Organisation for Economic Co-operation and Development, at 4 (June 2, 2003), 

http://www.oecd.orglofficialdocuments/publicdisplaydocumentpdf/?cote=DST!/CP(2003)1/FINAL&doc 

Language= En 

19 International Trademark Association, Continued Open Access to the Whois Database (Nov. 12, 2008), 

http:/ /wyyw. inta. org/ As_Lvocacy/Pages/ContinuedOpenAccesstothe WhoisDatabase.aspx. 

9 
19 


35141.010

Taken as a whole, the Whois database serves law enforcement officials, intellectual 

property owners, and consumers as they identify and confront online predators and 

cybercriminals that would otherwise hide behind the anonymity of a computer screen. 

I strongly support the bill's focus on the importance of preserving robust access to the 

Who is service and believe that NTIA will be a great advocate internationally. Bicameral, 

bipartisan support for NTIA's position on Whois would greatly help the agency's ability to 

advance the issue before multilateral stakeholders. 

Again, thank you for inviting me here to speak with you today. 

10 
20 

Mrs. BLACKBURN. The gentleman yields back. 

Mr. Kneuer, you are recognized for 5 minutes. 

STATEMENT OF JOHN KNEUER 

Mr. KNEUER. Good afternoon, Chairman Blackburn, Ranking 

Member Doyle, Ranking Member Pallone, members of the subcommittee. 

It’s an honor to be back here before you. My name is John 

Kneuer. From 2003 to 2007, it was my privilege to serve first as 

the Deputy Assistant Secretary and then as the Assistant Secretary at NTIA. 

Since leaving government in 2007, I’ve worked in the private sector as a board member, consultant, advisor to companies and institutions with an interest in domestic and international telecommunications. 

But I am appearing before you today in my personal capacity and 

my testimony and comments are my own. 

I would like to start by commending you, Chairman Blackburn, 

and the committee for undertaking the hard work of the reauthorization. 

In my experience, even though NTIA is explicitly an executive 

branch agency and the assistant secretary serves at the pleasure 

of the president, the exercise of government authority in the service of the citizenry is most effective and accountable when there is 

an established clarity of mission agreed upon by both the administration and the sources of its funding in the Congress. 

Regular reauthorization of executive branch agencies can provide 

that clarity and, following up on Mike’s comments about David 

Redl, a proud alumni of this committee, I think that experience 

and his judgement—he’s someone who’s particularly well suited to 

navigate both the executive branch equities while responding to the 

appropriate oversight of Congress. 

This is my second opportunity to testify before this committee on 

the subject of the NTIA reauthorization. At last year’s hearing, the 

focus of my testimony was on the dual responsibilities of NTIA as 

both the principal advisor of the president on telecommunications 

policy as well as the management of the Federal radio government 

spectrum. 

Because of the demands of this dual responsibility, NTIA has developed a specialized technical competency that provides expertise 

to policymakers across the government with interest in technical 

matters in everything from spectrum to internet governance to the 

broadband economy. 

But in addition to this technical expertise, NTIA has developed 

a valuable expertise in coordinating interagency equities in the 

service of broader government priorities. I believe it is this interagency policy coordination function that is most relevant to the 

draft legislation under consideration. 

While the legislation being considered covers a broad range of 

issues before NTIA—and I will endeavor to answer any questions 

on any of these subjects—for purposes of time I will focus my testimony on those sections of the legislation where I believe my experience is the most relevant. 

21 

So from time to time, NTIA has been granted authority to administer large-scale infrastructure grant programs intended to advance access to communications networks for underserved communities. Sometimes these are targeted and limited in scope, like the 

public safety grant programs, and sometimes more widespread, as 

in the Broadband Technology Opportunities Program. 

However, in each instance, NTIA was required to coordinate with 

institutions across the government for either execution or measurement of the effectiveness of this program. 

This experience should enable NTIA to effectively coordinate the 

broadband map as well as the Office of Internet Connectivity and 

Growth. 

One of the challenges in effectively distributing broadband infrastructure funds is accuracy in measuring the extent to which 

broadband networks are already being deployed by market participants. 

Scarce resources should be deployed where there are actual gaps 

in coverage rather than in competition with private capital. But because different government agencies gather information in different 

formats from different sources, it makes sense to have a single repository for all this information that can be synthesized into a format that can be consistently applied and relied upon by various 

grant and loan-issuing agencies across the government. I believe 

NTIA has the experience and the personnel to perform these functions. 

With regard to the sense of the Congress on cybersecurity and 

supply chain vulnerabilities, NTIA is particularly well suited to engage in these important matters that cut cross commercial interests as well as important government equities. 

By providing the perspective of industry into the interagency 

process, NTIA can help bridge the gap between the executive 

branch interests with national and homeland security responsibilities and keep private sector interest so that they all support our 

collective cyber defenses. 

Similarly, NTIA can serve as a conduit from government agencies with cyber responsibilities to the private sector to ensure that 

information flows in both directions to maximum effect. 

In addition, from its position within the Department of Commerce, NTIA has access to the broad resources of the International 

Trade Administration and the Bureau of Industry and Security on 

supply chain matters that implicate either our trade agreements or 

the intersection of national security and high technology. 

Finally, with regard to the collection and availability of WHOIS 

data, WHOIS data has been a foundational feature of the domain 

name system. 

As far back as 1982, before there was an internet, ARPANET 

had WHOIS requirements so people could understand who was 

supporting the network. WHOIS requirements were included in 

every memorandum of understanding between NTIA and ICANN 

from 1998 to 2016. 

With the transition of the IANA contract, timely, unrestricted, 

and accurate WHOIS remains a feature of ICANN’s process. The 

sense of the Congress underscores this important role. 

22 

Historically, NTIA has been the U.S. government entity in 

charge of protecting WHOIS obligations and I believe NTIA remains the proper repository for this policy coordination and advocacy before ICANN. 

Again, I appreciate the opportunity to testify. I will remain available to the committee throughout this process as you consider the 

authorization and I will look forward to your questions. 

[The prepared statement of Mr. Kneuer follows:] 

23 


35141.011

Testimony of john M. R. Kneuer 

House Energy and Commerce Committee 

Subcommittee on Communications and Technology 

june 26, 2018 

Good Afternoon Chairman Blackburn, Ranking Member Doyle, Members of the 

Committee. 

It is an honor to be back here before you, my name is john Kneuer. From 2003 to 

2007, it was my privilege to serve first as the Deputy Assistant Secretary, and then 

to be appointed by the President and confirmed by the Senate as the Assistant 

Secretary of Commerce for Communications and Information and Administrator of 

the National Telecommunications and Information Administration ("NTIA"). 

Since leaving government in 2007 I have worked in th.e private sector as a board 

member, consultant, and advisor to companies and institutions with interests in 

domestic and international telecommunications and technology markets. However, 

I am appearing before you today in my personal capacity and my testimony and 

comments are my own. 
24 


35141.012

At the outset, I would like to commend Chairman Blackburn and the Committee for 

undertaking the hard work of this reauthorization. In my experience, although NTIA 

is explicitly an Executive Branch agency- and once confirmed the Assistant 

Secretary serves at the pleasure of the President- the exercise of government 

authority in the service of the citizenry is most effective and accountable when there 

is an established clarity of mission agreed upon by both the administration and the 

sources of its funding in Congress. Regular re-authorization of executive branch 

agencies can provide that clarity. And I would be remiss if I didn't acknowledge the 

new Assistant Secretary- David Red!. A proud alumni of this Committee and, in my 

judgement, someone whose experience is particularly well suited to navigating 

executive branch equities while responding to the appropriate oversight of 

Congress. 

This is my second opportunity to testify before this Committee on the subject of 

NTIA reauthorization. At last year's hearing the focus of my testimony was on the 

broad responsibilities of NTIA and its dual role as the principal advisor to the 

President on telecommunications policy, as well as the manager of the federal 

government radio spectrum. Because of the demands of this dual responsibility 

NTIA has developed a specialized technical competency that provides expertise to 

policy-makers across the government with interests in technical matters from 

spectrum science, to Internet Governance, to the broadband economy. But in 

addition to this technical expertise, NTIA has developed a valuable expertise in 

coordinating inter-agency equities in the service of broader government priorities. I 
25 


35141.013

believe that it is this inter-agency policy coordination function that is most relevant 

to the draft legislation under consideration. 

While the legislation being considered covers a broad range of issues before NTIAand I will endeavor to answer any questions on these subjects- for purposes of time 

I will focus my testimony on those sections of the legislation with which I feel my 

experience is most relevant. 

SEC. 102. Broadband Inventory Map and SEC. 202.Establishment of the Office of 

Internet Connectivity and Growth 

From time to time, NTIA has been granted authority to administer large scale 

infrastructure grant programs intended to advance access to communications 

networks for underserved communities. These are sometimes targeted and limited 

in scope -as in the PSIC public safety grant programs- and sometimes more 

widespread- as in the Broadband Technology Opportunities Program ("BTOP"). 

However, in each instance NTIA was required to coordinate with institutions across 

the government for either execution or measurement of the effectiveness of the 

program. 

This experience should enable NTIA to effectively coordinate the Broadband Map as 

well as the Office of Internet Connectivity and Growth. One of the challenges in 

effectively distributing broadband infrastructure funds is accuracy in measuring the 
26 


35141.014

extent to which broadband networks are already being deployed by market 

participants. Scarce resources should be deployed where there are actual gaps in 

coverage, rather than in competition with private capital. Because different 

government agencies gather information in different formats and from different 

sources, it makes sense to have a single repository for all of this information that can 

be synthesized into a format that can be consistently applied and relied upon by 

various grant and loan issuing agencies across the government. NTIA has the 

experience and personnel to perform these functions. 

SEC. 104. Sense of Congress on CyberSecurity Threats and Supply Chain 

Vulnerabilities 

With regards to the sense of the Congress on cyber-security and supply chain 

vulnerabilities, NTIA is particularly well-suited to engage in these important matters 

that cut across commercial interests as well as important government equities. By 

providing the perspective of industry into the inter-agency process, NTIA can help 

bridge the gap between the executive branch interests with national and homeland 

security responsibilities and key private sector interests so that they all support our 

collective cyber-defenses. Similarly, NTIA can serve as a conduit from government 

agencies with cyber responsibilities to the private sector to ensure that information 

flows in both directions to maximum affect. 

In addition, from it's position within the Department of Commerce NTIA has access 

to the broad resources of the International Trade Administration and the Bureau of 
27 


35141.015

Industry and Security on supply chain matters that implicate our trade agreements 

or the intersection of national security and high technology. 

SEC. 105. Sense of the Congress on Preservation of Domain Name System and 

WHOIS Service 

The collection and availability of accurate WHO IS data is a foundational feature of 

the Domaine Name System. In fact, as far back as 1982 a WHO IS requirement was 

included as a directory for the ARPANET- the government precursor to the 

Internet. And WHO IS requirements were included in every Memorandum of 

Understanding between NTIA and ICANN from 1998 to 2016. With the transition of 

the lANA contract "timely, unrestricted, and accurate WHOIS" remains a feature of 

ICANN's processes through Registration Directory Service (RDS) obligations. 

The sense of the Congress underscores the important role WHO IS has played for law 

enforcement, intellectual property protection, and cyber-security. Historically, 

NTIA has been the USG entity in charge of protecting WHOIS obligations through its 

oversight of ICANN. With the transition of the lANA contract in 2016 ICANN 

remains U.S.-based and subject to U.S. laws. NTIA is the proper repository for the 

policy coordination and advocacy before ICANN and is the best suited agency to 

represent US equities. 
28 


35141.016

Again, I appreciate the opportunity to testify before you this morning, and I will 

remain available to the Committee as you consider the authorization of this 

important agency. I will be happy to answer any questions. 

#### 
29 

Mrs. BLACKBURN. The gentleman yields back. 

Ms. Hovis, you are recognized. 

STATEMENT OF JOANNE HOVIS 

Ms. HOVIS. Thank you, Chairman Blackburn, Ranking Member 

Doyle, members of the subcommittee. 

I am Joanne Hovis and I am President of CTC Technology and 

Energy. I am also CEO of the Coalition for Local Internet Choice, 

a nonprofit entity that brings together public and private entities 

that believe solving our nation’s broadband challenges requires a 

full range of options including locally-driven efforts to deploy networks and create public-private partnerships. 

My work focuses on assisting state, local, and tribal government 

to build broadband strategy and plans and on helping them to develop public-private collaborations that improve broadband infrastructure and services, address affordability challenges, and provide digital education to enable members of the community to 

maximize the benefits of the broadband internet in their lives. 

I’ve encountered NTIA in my state and local level broadband 

work throughout the country for over a decade. My comments 

today focus on the important and successful role NTIA has played 

in broadband policy and expanding broadband service and device 

availability and in expanding digital literacy. 

As you consider this reauthorization, I encourage you to think expansively about NTIA’s important role in building broadband capabilities in infrastructure, going forward. 

NTIA has this important role to fill in improving the broadband 

environment nationally but it also has unique expertise and experience within the Federal Government to do so and this role is essential because our work of expanding broadband access is far from 

done. 

Large areas of rural America as well as significant sections of 

our urban communities lack adequate affordable broadband. Addressing these gaps in access and opportunity requires expansive 

thinking about funding new infrastructure and capabilities, enabling new educational and inclusion programs, and supporting access to computers and other broadband-enabled devices. 

For that reason, I commend you on the current reauthorization 

efforts as well as on the ACCESS BROADBAND Act, the LIFT 

America Act, and other pending legislation focused on access, 

urban deserts, and rural broadband funding. 

There is a critical role for Federal, state, and local entities in 

solving these problems and filling these gaps as well as for private 

sector companies and other stakeholders, and NTIA is uniquely experienced at creating bridges among all these entities. 

As is discussed in greater detail in my written comments, NTIA 

has really done a terrific job over many years in grant making, in 

convening stakeholders, in stimulating public-private collaboration 

and partnerships, and in providing technical assistance through 

the Broadband USA program. 

I refer to my written testimony, which goes into detail on many 

of those topics, but let me share with you, based on my personal 

experience, some of why I think NTIA’s track record in building 

30 

funding programs to support expansion of broadband, particularly 

in rural areas, the track record is very sound. 

In particular, through the BTOP program, which was referenced 

by my fellow panellists here, there was an impressive, laudable, 

and frankly, less recognized—in Washington than it deserved—effort by NTIA. 

In a short period of time after passage of the Recovery Act, the 

team at NTIA built a robust and proven grant program and then 

successfully administered it in subsequent years with remarkably 

little controversy. 

In fact, the program and NTIA’s administration of it was welcomed with enormous enthusiasm and appreciation in communities 

impacted by it throughout the country. 

This enthusiasm resulted in part from the extraordinary hunger 

for better broadband in significant parts of our country and in part 

from the way that NTIA had consulted with communities, companies, first responders, educators, and other stakeholders and built 

a program that was optimized to confer the greatest possible benefit in unserved and underserved areas. 

At the same time, the program is also thoughtfully and efficiently designed to focus the federal investment on middle mile infrastructure to key anchor institutions such as firehouses, police 

stations, and remote government facilities while incenting private 

sector investment in the last mile to reach homes and businesses. 

The vision was successfully realized in significant parts of the 

country. I visited or observed dozens of the projects that NTIA 

funded in this way and let me share just a couple of quick examples in my brief remaining time. 

An example that may be of real interest is rural Garrett County 

in far western Maryland, a remote Appalachian community deeply 

impacted by the decline in the coal economy, which has struggled 

to get broadband in a number of its remote mountainous areas and, 

as a result, has also struggled to attract and retain businesses and 

teleworkers. 

The county’s current success in attracting a private partner to 

fund and deploy last-mile residential service in the most remote 

and inaccessible mountain areas. It’s testimony, in part, to NTIA’s 

efforts. NTIA granted funding to a state-led middle-mile network 

that reached many of the most remote schools, libraries, and public 

safety facilities in the state, and county leaders then further invested in additional fiber both to reach additional remote schools 

and to serve as a platform for last-mile deployment. 

In 2015, a private partner agreed to leverage some of that fiber 

and local funding in order to build a fixed wireless network that 

will provide the potential of service to up to 3,000 currently 

unserved homes and hundreds of homes are already receiving service under this network. 

I am grateful for your attention and I refer you to my written 

testimony for more examples. 

Thank you so much. 

[The prepared statement of Ms. Hovis follows:] 

31 


35141.017

Testimony of Joanne S. Hovis 

President, CTC Technology & Energy 

before the 

U.S. House of Representatives Committee on Energy and Commerce 

Subcommittee on Communications and Technology 

"Discussion Draft: National Telecommunications and Information Administration 

Reauthorization Act of 2018." 

June 26, 2018 
32 


35141.018

Chairman Blackburn, Ranking Member Doyle, Members of the Subcommittee-thank you 

for having me here. My name is Joanne Hovis. I am president of CTC Technology & Energy, a 

communications engineering and planning consultancy serving the public sector. 

I am also CEO of the Coalition for Local Internet Choice, a non-profit entity that brings 

together public and private entities that believe solving our nation's broadband challenges 

requires a full range of options, including locally-driven efforts to deploy networks and create 

public-private collaboration. 

My work focuses on assisting state, local, and tribal government to build broadband 

strategy and plans, and on helping them to develop public-private collaborations that improve 

broadband infrastructure and services, address affordability challenges, and provide digital 

education to enable members of the community to maximize the benefits of the broadband 

internet in their lives. 

I've encountered NTIA in my state- and local-level broadband work throughout the 

country for over a decade. My comments today focus on the important and successful role NTIA 

has played in broadband policy, in expanding broadband service and device availability, and in 

expanding digital literacy. As you consider this reauthorization, I encourage you to think 

expansively about NTIA's critical role in expansion of broadband capabilities and infrastructure 

going forward. 

In sum, what I suggest to you today is not only that NTIA has a critically important role to 

fill in improving the broadband environment nationally, but also that it has unique expertise and 

experience within the federal government in order to do so. And this role is essential, because 

our work of expanding broadband access and availability is far from done-large areas of rural 

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America, as well as significant sections of our urban communities, lack adequate, affordable 

broadband. Addressing these gaps in access and opportunity requires expansive thinking about 

funding new infrastructure and capabilities, enabling new educational and inclusion programs, 

and supporting access to computers and other broadband-enabled devices. For that reason, I 

commend you on the current reauthorization efforts, as well as on the Access Broadband Act and 

LIFT America Act, which serve these critical goals. 

In the efforts to meet these goals, there is a critical role for federal, state, and local 

entities, as well as for private sector companies and other stakeholders-and NTIA is uniquely 

experienced at creating bridges among all these entities. 

Indeed, it is critical that NTIA's efforts in this regard continue and that it have sufficient 

resources to pursue this broad mission. 

Let me share with you my observations of NTIA's efforts and capabilities over the past 

years and why I think its role going forward should be broadly understood. 

First, NTIA has developed a substantial body of knowledge and expertise through 

extensive efforts and experience-and its track record is very sound. In particular, let me note 

that NTIA's work on the Broadband Technology Opportunities Program (BTOP) was impressive 

and laudable, and frankly less recognized here in Washington than it deserved. In a short period 

of time after passage of the American Recovery and Reinvestment Act (Recovery Act), the team 

at NTIA built a robust and prudent grant program, and then successfully administered it in 

subsequent years, with remarkably little controversy. 

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35141.020

In fact, what may not be understood here in Washington is how well-received the 

program-and NTIA's administration of it-was in areas throughout the country where the 

program was welcomed with enormous enthusiasm and appreciation. This enthusiasm resulted 

in part from the extraordinary hunger for better broadband in significant parts of the country, 

and in part from the way that NTIA consulted with communities, companies, first responders, 

educators, and other stakeholders and built a program that was optimized to confer the greatest 

possible benefit in unserved and underserved areas. At the same time, the program was also 

thoughtfully and efficiently designed to focus the federal investment on middle mile 

infrastructure to key anchor institutions such as fire houses, police stations, and remote 

government facilities, while incenting private sector investment in the last mile to reach homes 

and businesses. 

And that vision has been successfully realized in significant parts of the country. I've 

visited or observed dozens of the projects NTIA funded through BTOP. Let me share just a few 

examples of the benefits that have emerged from that program and the continuing dividends 

that effort is paying for the nation and the communities and companies it impacts. 

For example, rural Garrett County, in far western Maryland, is a relatively remote 

Appalachian community bordered by West Virginia and Pennsylvania. The county, which has 

been dramatically impacted by the decline in the coal economy, has struggled to get broadband 

in a number of its remote, mountainous areas. Where broadband is available, it is inadequate 

DSL service that does not meet the Federal Communications Commission's speed benchmark for 

broadband service, let alone the requirements for home-based businesses or homeschooling, 

3 
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which are driving economic needs for this community. As a result, the county has struggled to 

attract and retain businesses and teleworkers. 

With that history as a backdrop, Garrett County's current success in attracting a private 

partner to deploy last-mile residential broadband service in the most remote and inaccessible 

parts of the county is testimony to NTIA's efforts. Under BTOP, NTIA granted funding to the One 

Maryland Broadband Network, a state-led middle-mile network that touched every county in 

Maryland and reached many of the most remote schools, libraries, and public safety facilities in 

rural Maryland. County leaders then further invested in additional fiber, both to reach all remote 

schools in the county but also to serve as a platform for last mile deployment by the private 

sector. 

In 2015, the county selected a private partner to leverage some of that fiber and 

additional public funding to support the deployment of a fixed-wireless broadband network, 

currently under construction and already serving hundreds of customers, that will serve up to 

3,000 currently unserved homes in the most remote parts of the county. The private partner, 

Declaration Networks Group (DNG), also put its own capital toward the construction of the 

network, and has applied its technical and operational capabilities to managing the network. 

The county's outlay of funds is $750,000, matched by a grant from the Appalachian 

Regional Commission (ARC) and DNG's commitment of both capital and operating funds. That 

relatively modest county contribution made the economics of this opportunity very attractive to 

DNG, and secured a broadband build-out for an area that would otherwise not be attractive for 

private sector broadband investment. 

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From an economic development perspective, the effort has been enormously successful 

for the county, enabling residents in 3,000 remote mountain homes to buy cost-effective 

broadband service that facilitates telework, home-based businesses, and homeschooling. This 

investment will also close the homework gap for many students in the county schools who do 

not currently have broadband in their homes-an increasingly critical lack of service. 

As the network is completed, the county will reduce to nearly zero the number of homes 

in the county that do not have access to some kind of broadband communications option. This 

option may be modest-not the robust speeds available in metro markets-but it is significantly 

better than nothing, and a huge economic development achievement from the county's and the 

state of Maryland's standpoints. For this reason, the program has been entirely bipartisan and 

supported by successive governors of different political parties, as well as universally supported 

by local leaders. 

In a second example, the University of Illinois and the cities of Urbana and Champaign, 

Illinois, have worked together over many years to expand their broadband infrastructure and 

connectivity. Those efforts included the development of the Urbana-Champaign Big Broadband 

(UC2B) network, which is now owned and operated by a not-for-profit corporation. Through a 

range of different strategies and using local private capital, state funds, and a modest federal 

grant, UC2B built fiber rings specifically engineered to enable fiber-to-the-premises deployment 

in the most cost-effective manner. 

NTIA-administered BTOP funding was the key to UC2B's success. With ubiquitous FTTP as 

the ultimate goal, city leaders applied for and received BTOP funding to build first in 

neighborhoods with the lowest broadband adoption rates, which were the lowest income areas 

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of the community, on the theory that those would be the last places that the private sector would 

deploy. NTIA recognized UC2B's vision-that modest initial funding for the residential 

neighborhoods most likely to be passed over by for-profit service providers could catalyze a 

community-wide business case for broadband deployment. 

The NTIA funding strategy worked. UC2B's existing $22.5 million investment and 

willingness to share future risk attracted a private partner in 2013. The two partners entered into 

an agreement that gave the partner access to UC2B fiber on a lease basis at no cost in return for 

meeting the community's goals of deploying additional broadband to homes and businesses with 

binding requirements to enable gigabit speeds, competition, and non-discriminatory build-out. 

The model means the community can focus on driving demand and adoption, while relying on an 

experienced private partner to handle customer service, marketing, and operations. 

Second, let me share how NTIA's convening expertise has had a significant impact. Over 

the past decade or so, NTIA has played a singular role in creating opportunities for shared learning 

and shared experience among some of the most highly motivated broadband stakeholders across 

the country in state, local, and tribal government, as well as across a wide range of companies 

such as manufacturers, internet service providers (ISP), and infrastructure builders. 

Beginning in the early stages of the Recovery Act roll-out, for example, NTIA convened 

interested stakeholders at events across the country designed to stimulate partnering among 

public and private entities and to enable sharing of experience on topics such as best practices 

for building public-private partnerships. NTIA also convened state-level planners and decisionmakers in all 50 states and the territories to enable these critical stakeholders to learn from each 

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other and to share ideas and realize efficiencies in supporting broadband deployment at the local 

level and with a full range of companies. 

I saw tremendous benefits from these thoughtfully designed convenings. For example, I 

saw private ISPs and states make connections that led to important new broadband efforts, such 

as on the Eastern Shore of Virginia, where a consortium of localities built connections with several 

small wireless ISPs that were interested in serving commercial and residential customers. I 

further observed as NTIA efforts enabled the state of New Mexico to share with its peers from 

other states broadband educational materials designed to optimize broadband literacy education 

in rural libraries, in both English and Spanish. The Spanish-language resources, in particular, were 

unique and, thanks to NTIA's convenings, were spread to other states and used more extensively, 

a huge benefit that would not have happened had each ofthe states worked in a silo without the 

opportunities for cross-learning and cross-pollination. 

Third, NTIA has played an important role as a technical adviser to states, localities, nonprofits, and other entities, including smaller companies throughout the country. In my 

observation, over the past few years, NTIA made use of the developed expertise and extensive 

experience of its broadband planning team and put that expertise to work advising local 

communities and providing technical assistance and guidance to them as they seek to develop 

broadband planning strategies. The capabilities NTIA brings to bear in this capacity range from 

educational materials about best practices in development of public-private partnerships to 

guidance for how to aggregate and expand demand so as to attract private broadband 

investment in particularly underserved rural areas. 

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Communities and states around the country have observed the singular role the NTIA 

team plays in the federal government in providing this particular kind of information, based on 

experience in a full range of communities and significant time in the field far outside the 

Washington Beltway. In the same vein, the team has also on occasion played an incredibly 

important role as an effective ombudsman for local and state entities seeking to expand 

broadband opportunity by assisting with navigation of the federal government. 

Fourth, NTIA holds singular knowledge of vulnerable communities and how broadband 

networks, broadband literacy programs, and access to computing centers or devices can benefit 

those communities. As a result of nearly two decades of experience, the NTIA team has a 

remarkable knowledge of the two other critical parts of the broadband puzzle beyond 

infrastructure and service availability: that is, digital literacy and access to devices. Going back 

several presidential administrations, NTIA has had a leadership role in developing programs and 

policy to provide literacy programs that are essential to the meaningful use of broadband by 

Americans who have never benefited from the service previously. For example, NTIA funded a 

range of highly successful broadband adoption programs under the Technology Opportunities 

Program (TOP) and BTOP of the past couple of decades that were designed to provide internet 

education to those who did not know how to use the internet. These programs ranged from those 

focused on older adults without internet experience to those in very low income urban and rural 

communities where computer use and ownership is still not extensive. And as an important 

complement to these literacy programs, NTIA also developed experience and expertise in 

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programs to support device ownership and use, including through public computing centers in 

critical areas were members of the community would be likely to go to receive services. 

To NTIA's credit, it recognized libraries and schools were likely locations for provision of 

public computing capabilities for those who cannot afford their own devices, but also that, 

depending on the community and with wide variation, public computing centers might be best 

located in facilities such as firehouses (as was very successfully undertaken in parts of West 

Virginia), or in church basements (as was undertaken in some rural communities in Illinois). 

Thanks to NTIA's efforts, many tens of thousands of Americans who did not previously have 

access to computers or did not have knowledge of how to use the internet have been served for 

the past many years through digital literacy and public computing center programs. 

Frankly, these capabilities are particularly critical given the ongoing weakening of the 

Lifeline program at the FCC and the adverse impact on low-income Americans, including in very 

rural and tribal areas, who have lost access to the subsidy for Lifeline broadband and phone 

services. 

Members of the Subcommittee, let me thank for you for the opportunity to testify before 

you today and let me encourage you to include in NTIA's reauthorization the full range of efforts 

that are so critical to our national broadband future and that are so well served by NTIA's 

expertise and experience. My thanks for your consideration of my comments and for your 

commitment to reauthorizing a robust NTIA- and to funding new broadband opportunities for 

our most underserved rural and urban communities-- in the best interests of a robust broadband 

future throughout the nation. 

9 
41 

Mrs. BLACKBURN. The gentlelady yields back, and before we 

move to questions we will now recognize Mr. Pallone for his opening. 

OPENING STATEMENT OF HON. FRANK PALLONE, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY 

Mr. PALLONE. Thank you, Madam Chairman. The National Telecommunications and Information Administration, or NTIA, plays a 

critical role in establishing and coordinating communications policies for the administration both domestically and internationally. 

Given the importance of the agency, I am disappointed that my 

Republican colleagues have circulated a discussion draft that does 

little more than reintroduce Congressman Tonko’s ACCESS 

BROADBAND Act, which the subcommittee recently marked up 

and has already reported to the full committee. 

Mr. Tonko’s bill establishes an office in NTIA to streamline the 

management of Federal broadband resources and I hope that this 

is not an effort to strip this bill away from Mr. Tonko, who worked 

hard to advance this important legislation. 

Besides the contribution from Mr. Tonko, the majority’s bill fails 

to provide NTIA the authority and direction it needs to address 

America’s 21st century needs. 

The administration acknowledges the need for broadband infrastructure investment. But President Trump and the Republican 

majority have failed to act. 

We must think big in reauthorizing the NTIA. In May of last 

year, committee Democrats introduced the LIFT America Act, 

which provides $40 billion over 5 years to deploy secure and resilient broadband to 98 percent of the country through a program administered by the NTIA. 

The LIFT America Act ensures that every state has access to 

funds to help bridge the digital divide that remains in too many 

parts of this country, both rural and urban. 

As the Internet of Things continues to expand, we should increase NTIA’s efforts to address cybersecurity threats. We must ensure that the Trump administration’s alienation of our international allies does not hamper our ability to protect an open internet and the free flow of information from Russian and Chinese efforts at the International Telecommunications Union and other forums. 

We must also ensure that the NTIA has the resources and authority needed to improve public safety communications. Democratic members have actively engaged on many of these issues and 

we should consider them as part of any reauthorization. 

Now, while limited on substance, the discussion draft does increase NTIA’s authorization level to the last Obama administration 

request. But this does not reflect the additional tasks and duties 

we now seek, and unfortunately, the most important witness for 

this hearing—Administrator Redl—is not here to answer questions 

regarding whether the NTIA has the authority and resources necessary to achieve its current mission, much less the task it should 

be pursuing. 

42 

So before we move forward with the reauthorization, we need the 

current administration’s views on the draft legislation. 

And finally, Madam Chairman, as a result of the Trump administration’s policies, thousands of children are still separated from 

their parents and we still do not have any sufficient answers about 

how they’re going to reunite—reunify, I should say, these families. 

Parents have been left wondering where their children are, 

whether they are being treated OK, and when they will see them 

again. Efforts of parents seeking to call their children to hear their 

voices and comfort them have been stymied because of unconscionable rates charged at the detention centers, and I visited one of 

these on Father’s Day in Elizabeth, New Jersey. And according to news reports, phone calls at one facility cost $8 

a minute, which I think is outrageous. I think it’s bad enough that 

the Trump administration separated more than 2,300 children from 

their parents, but now through these detention facilities asylum 

seekers are being extorted. These outrageous rates are one more insult as desperate parents try to weave their way through the bureaucracy to find their children and it’s inexcusable. 

So I would call on the Trump administration to provide detained 

parents free phone calls to reach their children. It’s the least they 

can do for a policy that never should have been instituted in the 

first place. 

I would hope the administration would take this action on its 

own but, failing that, I will be introducing a bill today directing the 

FCC to reinstate the recent inmate calling order which covers immigration detention facilities and to promulgate rules to enable detained parents to call their children without charge. 

I would also like to reiterate the request that every Democratic 

committee member made last week—they will hold a hearing on 

how these children are going to be reunited with their parents. 

The Energy and Commerce Committee’s oversight responsibility 

must include holding a hearing on this catastrophic policy and implementation failure, and I think that Secretary Azar should testify 

before us. 

I thank you, Madam Chairman, for letting me use this time and 

I yield back. 

[The prepared statement of Mr. Pallone follows:] 

PREPARED STATEMENT OF HON. FRANK PALLONE, JR. 

The National Telecommunications and Information Administration (NTIA) plays 

a critical role in establishing and coordinating communications policies for the Administration both domestically and internationally. 

Given the importance of the agency, I am disappointed that my Republican colleagues have circulated a discussion draft that does little more than reintroduce 

Congressman Tonko’s ACCESS BROADBAND Act, which the subcommittee recently 

marked up and has already reported to the full committee. Mr. Tonko’s bill establishes an office in NTIA to streamline the management of federal broadband resources. I hope that this is not an effort to strip this bill away from Mr. Tonko who 

worked hard to advance this important legislation. 

Besides the contribution from Mr. Tonko, the majority’s bill fails to provide NTIA 

the authority and direction it needs to address America’s 21st Century needs. 

The Administration acknowledges the need for broadband infrastructure investment but President Trump and the Republican Majority have failed to act. We must 

think big in reauthorizing the NTIA. 

In May of last year, Committee Democrats introduced the LIFT America Act, 

which provides $40 billion over 5 years to deploy secure and resilient broadband to 

43 

98 percent of the country through a program administered by the NTIA. The LIFT 

America Act ensures that every State has access to funds to help bridge the digital 

divide that remains in too many parts of this country—both rural and urban. 

As the Internet-of-Things continues to expand, we should increase NTIA’s effort 

to address cybersecurity threats. We must ensure that the Trump Administration’s 

alienation of our international allies does not hamper our ability to protect an open 

Internet and the free flow of information from Russian and Chinese efforts at the 

International Telecommunications Union and other forums. We must also ensure 

that the NTIA has the resources and authority needed to improve public safety communications. Democratic Members have actively engaged on many of these issues 

and we should consider them as part of any reauthorization. 

While limited on substance, the discussion draft does increase NTIA’s authorization level to the last Obama Administration request, but this does not reflect the 

additional tasks and duties we now seek. And, unfortunately, the most important 

witness for this hearing, Administrator Redl, is not here to answer questions regarding whether the NTIA has the authority and resources necessary to achieve its current mission much less the tasks it should be pursuing. 

Before we move forward with a reauthorization, we need the current Administrator’s views on the draft legislation. 

Finally, Mr. Chairman, as a result of the Trump Administration’s policies, thousands of children are still separated from their parents, and we still do not have 

any sufficient answers about how they are going to reunify these families. Parents 

have been left wondering where their children are, whether they are being treated 

OK, and when they will see them again. 

Efforts of parents seeking to call their children—to hear their voices and comfort 

them—have been stymied because of unconscionable rates charged at the detention 

centers. According to news reports, phone calls at one facility cost $8 a minute— 

that’s outrageous! 

It’s bad enough the Trump Administration separated more than 2,300 children 

from their parents, but now, through these detention facilities, asylum seekers are 

being extorted. These outrageous rates are one more insult as desperate parents try 

to weave their way through the bureaucracy to find their children. It is inexcusable. 

I call on the Administration to provide detained parents free phone calls to reach 

their children. It is the least they can do for a policy that never should have been 

instituted in the first place. I would hope the Administration would take this action 

on its own, but failing that, I will be introducing a bill today directing the FCC to 

reinstate the recent inmate calling Order—which covers immigration detention facilities—and to promulgate rules to enable detained parents to call their children 

without charge. 

I would also like to reiterate the request that every Democratic Committee member made last week that we hold a hearing on how these children are going to be 

reunited with their parents. It would be a complete abdication of this Committee’s 

oversight responsibility for Republicans to refuse to hold a hearing on this catastrophic policy and implementation failure. Secretary Azar must testify before this 

Committee. 

Thank you, I yield back. 

Mrs. BLACKBURN. The gentleman yields back, and this concludes 

our statements from our witnesses. 

And at this point, we will move into the Q and A portion of our 

hearing and I recognize myself for 5 minutes. 

At our very first NTIA reauthorization hearing, I had commented 

about my concern of the lack of coordination when it came to Federal resources in different agencies that were trying to implement 

components to address broadband infrastructure or access adoption 

rates, research, things of that nature. 

And, of course, our draft legislation includes the Office of Internet Connectivity. So what I would like to hear from each of you is, 

how do you think this office can and should work to coordinate all 

of these efforts? 

And Mr. Gallagher, we’ll start with you. 

Mr. GALLAGHER. Thank you, Madam Chairman. So, for purposes 

of bringing all of this under one roof or putting it in one place, then 

44 

having an inventory of the resources that are being spent right now 

is vitally important. 

NTIA has accomplished similar interagency missions in the past. 

OSM, the spectrum agency, works that way. The way it administers its duties for ICANN are also done in interagency coordination basis. 

There is a DNA component where their capabilities are prone to 

be able to do this very well. It’s also important as a taxpayer that 

we see how much the dollars are, where they’re going, and then 

what’s being achieved with them, and that can only be done when 

there’s one single view that’s administered from over the top. 

The encouragement that I would add as this discussion evolves 

is that there’s a strong leadership role from the White House and 

from OMB. 

The Office of Management and Budget has significant influence 

and impact on all of the agencies. So NTIA, during the time when 

I was there, when we would have challenges, it wasn’t because of 

lack of will at the Department of Commerce or a lack of competence of the team that was there. 

It was because other agencies were reluctant to participate because it wasn’t in their mission to do so or in their interests, and 

I think aligning those interests through guidance to those agencies, 

having the White House role be strong, having the role of inventory 

clarification value to the taxpayer, moving that through as part of 

the prism that this would be looked through, would be steps in the 

right direction. 

Mrs. BLACKBURN. Thank you. Mr. Kneuer. 

Mr. KNEUER. I agree with all of that. The challenge is that the 

sources of funds reside in different departments sometimes. 

So you have got the RUS in the Department of Agriculture. 

We’ve got NTIA and others that issue grants. You’ve got—even in 

Agriculture beyond RUS. Sometimes in DHS there are emergency 

preparedness funds that wind up being devoted to broadband services. 

Again, I think this gets to the point of the importance of reauthorization. Giving NTIA the responsibility and ability to bring into 

one place all of the different ways that the government measures 

all of the different ways the government is spending money doesn’t 

just help them more efficiently deploy the money through the executive branch. 

But it gives the Congress visibility into how the money is being 

spent, is it getting to the part of the communities that it needs to. 

So you can make future appropriations authorization decisions 

based on affected information and data. 

So, again, I think NTIA has the resources and experience of 

doing that. Having it in NTIA is the most logical of any other 

places that you could put it. 

In terms of using that information inside the executive branch to 

make the right decision, I agree with Mike—a lot of that has to 

come from OMB riding above any of the individual agencies. 

But all of those decisions will be better targeted if you have better information. And the way to do that, I think, is this legislation. 

Mrs. BLACKBURN. OK. Good. Ms. Hovis. 

45 

Ms. HOVIS. Thank you, Chairman Blackburn. I’m very much in 

agreement here with my fellow panelists about the incredible importance of this set of functions and NTIA’s ability to do so and its 

ability to bring to bear experience in order to do so. 

And I could say that we have all noted the same challenges in 

this very large and complex entity that is the Federal Government 

with multiple entities charged with different kinds of responsibility 

for funding, mapping, engaging what is happening with regard to 

broadband. 

I think that better and more comprehensive and more centralized 

collection of data and accurate data and granular data would be a 

massive, massive contribution to building important information 

and understanding of what is actually happening with regard to 

broadband. 

And if we are able to understand through a central entity, such 

as NTIA, not only what all the existing funding programs are and 

what they are funding and where, but also where there has been 

verification and enforcement that that funding was used as intended and that the capabilities that were intended to be funded 

by the Federal Government were actually deployed as well as accurate and granular mapping. It would be an enormous contribution 

and enable development of very good policy. 

Mrs. BLACKBURN. The gentlelady yields back. Mr. Doyle, you are 

recognized for 5 minutes. 

Mr. DOYLE. Thank you, Madam Chair. Mr. Kneuer and Mr. Gallagher, as former NTIA administrators, so I am just curious how 

you think the NTIA will be navigating upcoming global internet 

governance discussions such as the ITU’s upcoming conference in 

Dubai. 

Given our administration’s strained relationship with our allies, 

its increasingly hostile relationship with China, and our relationship with Russia, which I am really not sure how to characterize, 

how do you think that’s going to go? 

Mr. KNEUER. Traditionally, the ITU and some of the telecom 

issues really have been driven by the technical staff and, with a 

few exceptions, the—— 

Mrs. BLACKBURN. Mr. Kneuer, can I get you to talk directly into 

that mic? Thank you. 

Mr. KNEUER. Yes. Sorry. The broader geopolitical issues rarely, 

but not never, get involved. I think the ability of NTIA to collect 

the technical expertise of various government agencies, so whether 

it’s been the Defense Department or the intel communities or others who rely on spectrum and telecommunications engage in sort 

of robust bilateral discussions with our allies and with interested 

parties has been sort of the way this has gone. 

So even though the meetings themselves may take place in 

Dubai, our diplomats and NTIA staff have been, typically, in pretty 

constant contact with their counter parties in other governments. 

So it’s not to say that the geopolitical challenges don’t enter into 

these multilateral negotiations. These are, after all, very often 

U.N.-sponsored delegations. 

But I think the technical matters typically speak for themselves 

and historically and, hopefully, ideally the larger geopolitical issues 

stay in the background. 

46 

Mr. DOYLE. Thank you. Ms. Hovis, given the success of the 

Obama administration’s BTOP program, do you think that the type 

of investments laid out in Ranking Member Pallone’s LIFT America Act or the share of the spectrum auction revenue set aside for 

wireless broadband deployment by the AIRWAVES legislation 

would significantly contribute to closing the broadband divide in 

this country. 

And at what point do you imagine we will close the broadband 

divide in this country if we simply continue on our current path? 

Ms. HOVIS. On our current path, we are not going to close the 

divide and we may actually, in some areas, exacerbate it because 

the realities of the economics of broadband are that private investment funds will go where they will see the greatest return. 

That’s how the private sector works. It’s how we want it to work 

and how we want our system to work, and that means that we are 

likely to see increased investment in enhanced capabilities—5G, 

more deeper fiber, et cetera—in certain kinds of suburban and 

urban areas, in certain urban areas with high income levels, average income levels, for example, but not in rural areas, not in areas 

of low population, and not in certain areas of low income. 

And as a result, we may actually see a significant exacerbation 

of the digital divide over time. So yes, I very much agree that the 

LIFT America Act and certain kinds of appropriation, the funding 

for rural broadband and for solving urban deserts would be enormously helpful and I think, in fact, it’s critical. 

And the track record has been very, very solid and I hope—my 

example of the Appalachian community in western Maryland that 

I talked about is one of hundreds of examples, I think, of communities that have been enormously benefited by that investment and 

by the way it was administered by NTIA and I certainly personally 

hope we’ll see a good deal more because I spend a lot of my time 

on the road in rural America and I see enormous, enormous gaps 

that we have a long way to go in filling. 

Mr. DOYLE. Thank you very much. Mr. Gallagher, I know you’re 

here in your capacity as a former NTIA administrator, but you’re 

always the CEO of the Entertainment Software Association, which 

represents the video game industry—an industry that’s now larger 

than the film and music industries combined. 

Video games these days outperform the biggest Hollywood blockbusters and, increasingly, video games are downloaded online, and 

online games are become spectator events and the future of the industry seems to be shifting from consoles to the cloud, all of which 

rely on a free and open network that is fast, has low latency and 

high capacity. 

I know ESA filed in federal court seeking to intervene in the case 

against the FCC’s repeal of net neutrality rules. That filing said, 

‘‘absent these protections, ESA and its member companies will 

have no effective legal recourse against broadband provider conduct 

that impairs consumers’ online video game experiences.’’ 

So my question is whether you and your association oppose the 

repeal of the net neutrality rules as your association’s legal filing 

indicates and whether you support restoring those rules, as your 

filing indicates, as I am trying to do with my CRA resolution. 

47 

Mr. GALLAGHER. First, I really enjoyed the introduction to the 

question. 

[Laughter.] 

Terrific. And then as to the specifics on net neutrality, yes, we 

filed the motion to intervene in that litigation because it’s important for us, on behalf of our members, to make sure that we do 

have an open and free and high capacity and high quality internet 

available for gamers and game makers. We’ve been clear about 

that for years. 

And what we’ve also seen is that the pendulum swinging back 

and forth between whoever controls the pen at the FCC causes uncertainty for investors. 

It causes uncertainty for those who are seeking to make the 

economy of tomorrow happen in a digital way, and the world is 

very much connected. These opportunities need to be present and 

thriving here in the U.S. 

What we’ve done is—— 

Mr. DOYLE. Madam Chair, I see our time has expired. I would 

like to ask unanimous consent to add ESA’s court filing to the 

record. 

Mrs. BLACKBURN. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mrs. BLACKBURN. Mr. Lance, you’re recognized for 5 minutes. 

Mr. LANCE. Thank you, Chairman. Mr. Gallagher and Mr. 

Kneuer, you both mentioned in your testimony the importance of 

giving the NTIA more resources. Could you please expand on this, 

using your own experience leading the agency and in the context 

of how its mission and duties have evolved since the last time it 

was reauthorized? 

I am also interested specifically in your perspective on whether 

or not these additional resources are necessary to implement the 

Office of Internet Connectivity and Growth as the NTIA has indicated to me? 

Mr. Kneuer. 

Mr. KNEUER. So I think there is adequate staffing. As the BTOP 

program winds down, those moneys are spent. The staff that were 

administering that are the same staff that I think would likely be 

involved in the new office contemplated by this legislation. 

I think the important thing in terms of the amount of funding— 

and I do not have visibility into the current budgets of NTIA and 

I wouldn’t want to speak for precise dollar figures—but the way to 

think about it is that all of the money that we are putting into 

NTIA to drive broadband really needs to be thought of as seed capital. 

By having better information, we are going to more fully leverage 

the amount of money that comes from whatever variety of sources 

there are. 

The economic growth and productivity gains that come from 

broadband being deployed in communities that don’t otherwise 

have access to it, that has to be kept in mind and focused as the 

objective for budgeting. 

So while I don’t have the great sense of what the precise numbers are, I think the exercise that needs to be undertaken is making sure that the money that we spend we can look at and find a 

48 

direct linkage to either—it’s going to more than be offset by savings 

in the efficient allocation of other resources or it’s going to generate 

economic growth far in excess of the money that we devote to the 

project. 

Mr. LANCE. Thank you. Mr. Gallagher. 

Mr. GALLAGHER. I would focus on three areas, and the overarching focus is where do we need NTIA to take us over the next 

10 years, if that’s the relevant time frame for the committee, and 

then does it have the resources to accomplish those key focuses. 

The three that I would point to, one is international, two is OSM, 

or the Office of Spectrum Management, and third is a coordinator 

role across the Federal Government. 

And the roles have changed. Now, many of these functions remain the same. They have the same office names as when I was 

there, as when John was there, but their challenges are quite different. 

Everything that happens now is global. Everything that our industry is engaged in is worldwide in nature. 

That’s the thinking process, and when we were at the Department of Commerce, one of the key talking points and things that 

we’d repeat, 95 percent of the world’s customers live outside the 

United States. 

So NTIA should be focused and be resourced to be very effective 

in that environment. One thing I would add to this is it’s been 

brought to my attention that a level of the position within the Department of Commerce oftentimes can be problematic in dealing 

with foreign governments—that if there was a higher level to the 

position like under secretary as opposed to assistant secretary, that 

would create greater impact for Secretary Redl as he goes about his 

duties. 

Second is OSM. I believe the Office of Spectrum Management is 

using the very same equipment that they used when I was there 

10 years ago. 

The return we’ve gotten from sound spectrum policy is enormous. 

More investment and then making sure they have the resources to 

be even better at their job is money well spent. 

And then the final point is on this coordination role. The more 

we ask NTIA to do in that regard you need to make sure that 

there’s enough resources—primarily, people—to make sure that 

that happens, and again, I look to Office of Management and Budget and this committee to set where those levels are. 

Mr. LANCE. Thank you very much to the distinguished panel and, 

Chairman, I yield back 46 seconds. 

Mrs. BLACKBURN. The gentleman yields back. Mr. Loebsack, 

you’re recognized. 

Mr. LOEBSACK. Thank you, Madam Chair. I really appreciate, obviously, the testimony today. I am an Iowan. I’ve got 24 counties— 

a lot of rural areas. I don’t know what the total square miles is. 

It’s something like 12,000 or so. It’s a pretty big area—and I get 

around every weekend, and I know for a fact that our coverage in 

Iowa isn’t anything like what the FCC says it is officially. 

So I’ve been very interested in making sure that we have accurate data when it comes to where broadband is deployed around 

the country. 

49 

And there is bipartisan and bicameral agreement that the maps 

the FCC is relying on now are flawed and quite inaccurate, and I 

did introduce the bill, the Rural Wireless Act, with my good friend 

from Pennsylvania, Ryan Costello, to improve the reliability and 

the validity of the data needed to create the maps and I am really 

happy it was passed—included in the RAY BAUM’S Act that the 

President signed into law earlier this year. 

So I am really hoping that better maps are on the horizon. A lot 

of folks in Iowa, all across the country in rural areas, are hoping 

that better maps are on the horizon. 

Hope isn’t enough. I am glad the discussion draft reaffirms the 

NTIA’s role in producing a national broadband map that’s accurate. 

However, we may need to work together as the bill progresses to 

ensure that we are doing all that we can to ensure that the maps 

are as reliable as possible. 

And, Mr. Gallagher, just a couple of quick questions for you 

today. I do appreciate your comments and your testimony about the 

need for more granular data, particularly in rural areas where a 

census block isn’t necessarily the right geographic measurement to 

reflect the realities of broadband availability. 

So, Mr. Gallagher, I would just like to ask you first what obstacles might NTIA face in collecting such granular data? 

Mr. GALLAGHER. Well, the first obstacle is it may not exist by 

doing it, like, household to household and so looking for the 

sourcing on the data is really important. 

One area that I would look to for all rural areas, not just in Iowa 

but around the country, is you do have state Public Utility Commissions that are in charge of wired communications and increasingly have been involved in deployment of public safety networks 

and other areas where their maps may be supplemental and offer 

more granular data because it is their role to fundamentally be 

local. 

Mr. LOEBSACK. Do you have any other ideas—that was my second question, actually—ideas about how to produce better data? 

Mr. GALLAGHER. I think that there are increasingly applications 

and technologies that are developed that do miraculous things for 

very low cost and those—a survey of those mapping technologies, 

a survey of elements that follow the development of broadbands so, 

like, derivative types of activities, would be able to develop the contours of where broadband exists if you know what people are doing. 

Like, for example, if they’re playing Pokemon Go they must have 

access to the internet because their phones are connected—those 

types of things might be where the data could be more practically 

extracted at a lower cost. 

Mr. LOEBSACK. OK. That’s great. 

Well, that’s pretty much what I have as far as questions and 

comments. This is something I’ve been beating sort of like a dead 

horse for quite a while. 

The chair knows that and—but we do have good bipartisan support for this and I want to make sure that the FCC does the right 

thing so that we know where the heck we have coverage and where 

we don’t. 

50 

And I don’t want to create any false illusions out there, or false 

expectations, if you will, on the part of folks in Iowa and all around 

rural America. 

When somebody says, oh, there’s 96 percent coverage, we know 

there’s not, and so we have to make sure that we have some truth 

in advertising when it comes to finding the ways to measure this 

and get the accurate data really, really quickly. 

So thank you very much. I yield back my time. 

Mrs. BLACKBURN. The gentleman yields back, and I just got a notice that votes will come sometime between 3:10 and 3:25 so we 

will try to complete our hearing before then. 

Mr. Johnson, you’re recognized for 5 minutes. 

Mr. JOHNSON. Thank you, Madam Chair, and thank you for holding such an important hearing. 

NTIA has not been reauthorized since 1992 and it’s essential 

that it has the funding and tools it needs to accomplish its objectives. I am particularly pleased to see the components relating to 

the broadband mapping and deployment issue. 

My legislation, the Mapping Now Act, which was included in the 

omnibus, reasserts NTIA’s authority on broadband mapping. It is 

essential that we have an accurate map showing areas that are 

unserved and underserved so that we know where available resources should be focused. 

This discussion draft tasks NTIA with facilitating more accurate 

granular maps of broadband coverage with input from the FCC and 

other federal resources in addition to states and public-private 

partnerships. 

NTIA is in a good position to compile data from multiple sources, 

not just the FCC’s Form 477 data, that would help create a more 

accurate and complete picture of broadband coverage. 

I am hopeful that this legislation would provide NTIA with necessary funds and authority to work with other agencies and implement creative solutions for broadband mapping and to break down 

the barriers to broadband deployment. 

So to my questions—when NTIA was first charged with creating 

the national broadband map under the 2009 American Recovery 

and Reinvestment Act, the data on the map was not always correct. 

In many cases, that is because it was reported on a state-by-state 

basis and each state had a different way in which it collected the 

data. 

This often led to the data being unreliable. For example, at one 

point it showed that one state in the Northeast had full satellite 

coverage but the next state that shared almost the same latitude 

and longitude had no satellite coverage. 

Now, I don’t think it’s the case that Vermont and New Hampshire can be so completely different in terms of their ability to be 

covered by satellite. 

So my question is this, and we’ll just go down the line starting 

with you, Mr. Gallagher. How can NTIA ensure that the mistakes 

from the past are not repeated with any new mapping efforts? 

Mr. GALLAGHER. The first place to start is to ask the question, 

put out an NOI saying, all right, this was done in the past—what 

are the mistakes—develop an inventory of those and an underVerDate Nov 24 2008 12:54 Mar 01, 2019 Jkt 037690 PO 00000 Frm 00054 Fmt 6633 Sfmt 6633 U:\MY DOCS\HEARINGS 115\HEARINGS\115-146 CHRIS
51 

standing, and then go through and systematically can be done and, 

of course, how much it costs in order to be able to close those gaps. 

That’s the most important thing is just to ask the question and 

understand where you came up short, be very honest about it, and 

then just get back in there and do it again. 

Also, in the span of time since the map was first developed there 

may have been additional technologies that have been—become 

available or applications or services that could be done—where this 

could be done very cheaply. 

Just one example is we developed a map of our own industry in 

the U.S. We’ve had this need—it’s called areweinyourstate.org— 

and we found that there were over 3,000 companies in our industry. 

Spread them out, and we organized them by congressional district. Now, this was done with manual labor and a great outside— 

a great intern on the inside and a great partner in an outside vendor and done at very reasonable cost. 

What’s being done here is much more complex, but it just shows 

that the push of service quality means there could be ways to close 

those gaps. 

Mr. JOHNSON. Mr. Kneuer. 

Mr. KNEUER. Yes. I also think there are—different institutions 

have different incentives to gather this information for their own 

purposes, whether they are commercial purposes, different government agencies have different access to information, whether it is 

the—not just the existence of service but are there network elements under the control of the government that might be useful in 

providing additional services, whether it is fiber links from the Energy Department or towers controlled by public safety or natural 

resource agencies. 

So, with a lot of what we’ve been talking about this afternoon, 

it’s NTIA’s ability to survey all of those different sources of information, whether they are in disparate government entities, government agencies, whether they are held by the carriers, whether they 

are held by application providers who, for their own commercial interests, have a real monetary incentive to figure out where the coverage is and where the gaps are, to gather all of that and synthesize that in very much the same way. 

It’s going to be very much, and I think it is a perfect complement 

to the Office if Internet Growth and Connectivity. It is getting access to each of these different constituent pieces—sources of funding, sources of information—and synthesizing them together so 

that you don’t have these—there should be obvious failures if a satellite sees the Northeast of the United States the same, right. So 

those sorts of things. 

By having, collating, overlooking different sources of information 

you can correct those areas. 

Mr. JOHNSON. Thank you. Ms. Hovis, sorry I didn’t get to you. 

But Madam Chair, I will yield back. 

Mrs. BLACKBURN. The gentleman yields back. Ms. Eshoo, you’re 

recognized for 5 minutes. 

Ms. ESHOO. Thank you, Madam Chairwoman. I noted that when 

you made your opening statement you spoke about this being a bill 

52 

for rural Americans and I think that we all hope that that will 

really be the result. 

But while this bill provides funding, I think it’s important to 

point out that it doesn’t direct the agency enough on either the authority or the direction on how to use the funding to address the 

needs of Americans in the digital age. 

So we’ve got our work cut out for us here. I want to thank the 

three witnesses for being here today. I want to thank you for your 

public service. 

This is my 24th year on this subcommittee. It’s kind of extraordinary for me to use that number. It’s hard to believe 24 years. 

But I think this is the first time in terms of a reauthorization 

act that we don’t have the agency represented here. I think it’s 

wonderful that you’re giving your opinion about what you think the 

agency should do. But I find this to be highly unusual. 

Now, I know David Redl was here in March. But I still think, 

Madam Chairwoman, that it’s very important and it’s still really 

appropriate to be discussing the draft of a reauthorization with 

someone—with a key official—I think David Redl—an NTIA official 

on this. 

So let me get to my questions. But I wanted to point that out 

because it’s the first time that I’ve ever experienced this. So it is 

what it is. 

But I think that we need to make sure that NTIA comes and 

when we have a review with the key person from there. 

So to Mr. Gallagher and Mr. Kneuer, do you know what steps 

the assistant secretary is taking relative to overseeing FirstNet and 

its contract with AT&T? 

Mr. GALLAGHER. I do not. 

Ms. ESHOO. Do you, Mr. Kneuer? 

Mr. KNEUER. Not with specificity. 

Ms. ESHOO. OK. 

Mr. KNEUER. Just in terms of how the role of NTIA overseeing 

FirstNet, which—— 

Ms. ESHOO. Well, we know that they oversee it. I want to know— 

because I think you’re here in some way, shape, or form to speak 

for NTIA. 

Do you know what the current NTIA plans are to address the 

gaps between the maps? It says show coverage and the actual coverage of high-speed broadband. 

Mr. KNEUER. I do not. 

Ms. ESHOO. Does anyone know? 

Mr. GALLAGHER. No. 

Ms. ESHOO. No one knows. OK. 

If this authorization were to become the enacted budget for 

NTIA, do you know what portion of the new resources would be 

aimed at improving NTIA’s oversight of FirstNet? 

Mr. GALLAGHER. I do not. 

Ms. ESHOO. Anyone know? 

Mr. KNEUER. No. 

Ms. ESHOO. Maybe to Ms. Hovis—do you know what the specific 

challenges are that NTIA faces in mapping broadband coverage accurately today and are they technological? 

53 

Are they methodological, and what do you think that they should 

be doing to get an accurate study? 

Ms. HOVIS. My primary concern about the broadband mapping is 

that some of the underlying data is at such a low level of granularity that we don’t really have anything like an accurate picture. 

The big part—— 

Ms. ESHOO. Well, I know that, but I am asking what—do you 

think it’s beyond technological or methodological? How are we 

going to get accurate information? 

If we don’t have a roadmap, then we don’t know where we are 

going and what we are doing. 

Ms. HOVIS. The data—— 

Ms. ESHOO. That’s what a roadmap is. Or the map, in this situation—so what do you think the main issue is that we should be 

pursuing? 

Ms. HOVIS. From my perspective, the main issue is that the data 

collected by the FCC through the 477 is not giving us sufficient information. We are getting—— 

Ms. ESHOO. And the source of that lack of being able to get it 

is what? What do you recommend? 

Ms. HOVIS. The information is self-reported by the providers and 

it is frequently self-reported at the level of if a single location within a census block is served, the entire census block can be shown 

as served, which I sometimes think of as allowing my high school 

daughter to—— 

Ms. ESHOO. Well, I remember years ago, in the Bush administration, if it was in a zip code then everyone was covered, which—this 

is like Pete and repeat. 

So, well, I’m happy that you all came. Thank you again for your 

service and, Madam Chairwoman, I think that we need the assistant secretary to come in and speak about the reauthorization. I 

think that’s very important. 

With that, I yield back. 

Mrs. BLACKBURN. The gentlelady yields back. 

Mrs. Brooks, you’re recognized for 5 minutes. 

Mrs. BROOKS. Thank you, Madam Chairwoman. Thank you so 

much to all of our witnesses for being here today. 

Something that we heard about at a earlier NTIA hearing had 

to do with the fact that we are fairly behind the race for 5G of 

South Korea, Japan, and other countries. 

I am curious, Mr. Kneuer, in your opinion, how are we doing in 

the 5G race? 

Mr. KNEUER. I think 5G is in its infancy where it’s sort of the 

beginning of the beginning, not even the end of the beginning. But 

I think 5G is sort of the cross-cutting issue that answers much of 

what we’ve been talking about here. 

For the first time with 5G, wireless applications will give the 

same kinds of speeds and comparable speeds as landline applications at a much, much lower cost of deployment and much more 

readily suited to serve hard-to-reach areas. 

So the issues for NTIA around 5G are recognizing that but very 

much it’s spectrum to spectrum to spectrum. We need low-band 

spectrum. We need mid-band spectrum. We need high-band spectrum. 

54 

With all of that, I think the inherent incentives in the U.S. economy and in the U.S. telecommunications marketplace give us a key 

advantage over some of the countries that some people may look 

at and say that they’re ‘‘leading.‘‘ 

If you have got a single carrier or a couple of dominant carriers, 

the U.S. market has been one that has been a massive incentive 

for as much investment in as many carriers as possible. 

I think if we repeat those examples and provide the spectrum 

that allows each of our main market participants to continue to 

compete, we will have the most robust and the most widespread 5G 

networks in the world. 

Mrs. BROOKS. Does our current discussion draft that we are discussing address the issues that you’re referring to? I am curious 

that—of each of the panel members. 

Mr. KNEUER. I think the establishment of the Internet 

Connectivity Office will help in identifying where those issues are. 

The issues around spectrum in general, which may not be specifically called out in this draft but are explicit in the reauthorization 

of the agency and the things that NTIA does, I think so. 

Mrs. BROOKS. Does anyone else have a different opinion or further opinion on 5G? 

Mr. Gallagher. 

Mr. GALLAGHER. What I would say is I would echo John’s 

thoughts—that we are at the very beginning of this—it’s way too 

early to declare a winner—and that in the U.S. we have all of the 

elements to be fantastically successful in the deployment of 5G. 

When you look at the demand for the services, like, what’s the 

extra speed going to mean, we’ll be able to translate that into economic value a lot faster than other economies around the world 

and that will be the engine that pulls this in a very commercial 

way to worldwide success. 

Mrs. BROOKS. Thank you. Ms. Hovis. 

Ms. HOVIS. Congresswoman, I think this is incredibly important, 

and I actually just returned a matter of days ago from South Korea 

where I spent a good amount of time looking at infrastructure both 

in the cities and, even more importantly, in rural areas. 

And I don’t think we are right at the beginning. We have not lost 

anything, and we are well positioned to win the race for 5G. 

The one thing that I noted in South Korea that I thought was 

so important is that their rural areas will get better wireless and 

better 5G than our rural areas will because there’s existing infrastructure there, and that speaks to the reauthorization bill and the 

need for more rural infrastructure and fiber for our communities 

and that is what will enable 5G because there will be no wireless 

without wires to support it. 

Mrs. BROOKS. OK. Thank you. Shifting gears a moment to—we 

learned this in dealing with a bill to reauthorize the Poison Control 

Center in our work on opioids out of this committee. 

But I learned about problems relative to our 911 services and it 

caused me to be concerned as to whether or not other emergency 

lines like suicide hotlines, veteran crisis lines, apparently, if someone were to call they aren’t necessarily—the centers aren’t locating 

the calls. 

55 

They’re taking what area code is showing up on the phone rather 

than geolocating the actual phone. 

I think most people don’t assume that’s what’s happening. So 

while I have a 317 area code here and I were to make a call, I 

would be routed improperly, or it could be. 

Are we going to be fixing issues like this and is NTIA—what will 

their role be? If any of you have an opinion on that. 

Mr. GALLAGHER. What I would offer is that so much of what you 

just described those challenges—they lie in the province of the 

states and how they deploy 9-1-1, and then the FCC and its role 

in overseeing how that works. 

And so it’s not in the sweet spot of what NTIA does except for 

ITS, which is the lab that’s run by NTIA. They do research on 

these types of things and how to improve accuracy and performance. 

Mrs. BROOKS. OK. Thank you. I yield back. 

Mrs. BLACKBURN. The gentlelady yields back. Mr. McNerney, 

you’re recognized for 5 minutes. 

Mr. MCNERNEY. I thank the chair. I thank the witnesses. 

I apologize for missing your testimony but you did have written 

statements, which we reviewed beforehand. 

I am concerned about the security risk posed by the vast number 

of devices coming to the market on IOT, and I have introduced legislation to improve the security. 

Mr. Gallagher, NTIA’s recent botnets report outlines a series of 

goals that are intended to give stakeholders guidance on what 

steps they should be taking to secure their systems networks. 

What are specific resources the NTIA needs to ensure that meaningful action is taken by its stakeholders? 

Mr. GALLAGHER. I think, unfortunately, the resources are going 

to be more necessary by those that need to implement the recommendations than those that formulated them themselves. 

The Federal Government has had many challenges when it 

comes to implementing its own solutions on a technical basis. This 

is going to require action in the marketplace and by manufacturers 

and then, ultimately, by consumers to make sure that their behavior reinforces the values in those reports. 

Mr. MCNERNEY. Thank you. Mr. Kneuer, the NTIA has held a 

series of multi-stakeholder meetings on IOT security upgradeability 

and patching. The most recent one was held last November. 

Are you aware of what progress the NTIA has made with this 

multi-stakeholder process since November? 

Mr. KNEUER. I am not familiar with the details of that particular 

multi-stakeholder process. But it is indicative of the contribution 

that NTIA can make as sort of standing as an intersection between 

having lots of communication with the market participants and the 

commercial entities and, at the same time, having visibility 

through their contacts with the national security intel Homeland 

Security agencies where they can serve as a conduit of sort of identifying threats, passing information back and forth, and serving 

that sort of a function. 

Mr. MCNERNEY. OK. Mr. Gallagher, you’re shaking your head 

yes? 

Mr. GALLAGHER. Well, I am just agreeing with John. 

56 

Mr. MCNERNEY. OK. Well, as an engineer, I think it’s important 

that the agencies principally responsible for advising the President 

on telecommunications and information policy be equipped with the 

technical expertise needed to develop policy. 

Mr. Gallagher, how many engineers does the NTIA currently employ? 

Mr. GALLAGHER. I don’t know the answer to that. 

Mr. MCNERNEY. Well, earlier this month before the Senate Committee on Commerce, Administrator Redl said that, ‘‘I believe the 

greatest challenge for advancing IOT will be cybersecurity.‘‘ 

How many engineers does NTIA have on staff that would specifically work on cybersecurity? 

Mr. GALLAGHER. Again, that’s specific information. I am sure it’s 

available from other sources but I don’t have it. 

Mr. MCNERNEY. Mr. Kneuer, in reauthorizing the NTIA, it’s critical that we understand what resources the agency currently allocates toward technical expertise and I am hoping that you might 

be able to provide me with more specific answers for the questions 

that I just asked Mr. Gallagher. 

How many engineers specifically focus on IOT security? 

Mr. KNEUER. So I don’t have visibility into the number of engineers assigned right now. When Mike and I were there, there was 

something like 180 engineers in the agency. 

But I think what is important is that NTIA’s access to technical 

expertise is not limited to its in-staff resources. So there are vast 

resources that NIST, which is the flagship government technical 

agency—there are resources within the NSA. There are resources 

within the Defense Department that they’re able to access, as I’ve 

said, when they—and then share that information with the commercial sector and also help identify vulnerabilities and events that 

are taking place in the commercial environment, and communicating that into the broader government-wide effort, and I think 

it’s going to have to be a government-wide effort. This won’t be an 

NTIA only solution. 

Mr. MCNERNEY. Well, OK. I will grant you that. 

Unfortunately, NTIA doesn’t have anyone here today. So we can’t 

really get enough visibility to determine if they have the resources 

that they need. 

Ms. Hovis, could you discuss the importance of the public-private 

partnerships in rural and underserved broadband deployment? I 

have a lot of that in my district. 

Ms. HOVIS. Well, at its core, a public-private partnership helps 

to change the economics of broadband in an area where the economics simply don’t work. 

Ideally, there would be private sector investment everywhere and 

there would be rationale and economic viability for private sector 

investment. 

But that’s, unfortunately, not how infrastructure works of any 

sort, particularly in rural areas, and there are simply going to need 

to be places where the public sector has a significant role. 

The places where that’s been most successful there has been collaboration between public and private, and frequently, efforts on 

the public sector side at the Federal, state, and local levels to colVerDate Nov 24 2008 12:54 Mar 01, 2019 Jkt 037690 PO 00000 Frm 00060 Fmt 6633 Sfmt 6633 U:\MY DOCS\HEARINGS 115\HEARINGS\115-146 CHRIS
57 

laborate with the private sector to solve these problems and to improve the economics of the build out. 

Mr. MCNERNEY. Thank you. I guess I better yield back. 

Mrs. BLACKBURN. The gentleman yields back. Mr. Costello, you’re 

recognized for 5 minutes. 

Mr. KNEUER. Sure, and with regards to the specific case that was 

an enforcement action, not surprised that NTIA wasn’t specifically 

involved in that part of the negotiation. 

But I think NTIA does sort of sit in the middle of the intersection 

of national security and our communications networks. 

It would be a partner with other agencies within the Department 

of Commerce, the Bureau of Industry and Security, which has a 

specific mission to look after cross-border trade and technology that 

involves our national security—the International Trade Administration, which is responsible for our international trade commitments, but most importantly and, I think, most relevant, as the 

agency that has direct contact with the carrier set that is relying 

on these network elements that may be subject to vulnerabilities. 

So its policy coordinating function through its natural interface 

with the defense, intelligence, and homeland security agencies with 

the national security inside the White House and with its counterparts inside the Commerce Department. So—— 

Mr. COSTELLO. So you, likewise, agree that having NTIA lead an 

interagency effort to strategically share supply chain threat information with the private sector should be one of its core competencies? 

Mr. KNEUER. Yes. 

Mr. COSTELLO. Mr. Gallagher, in your testimony you touched 

upon the benefits of increased unlicensed spectrum use and successful spectrum sharing in the 5 gigahertz band, starting in 2003. 

Can you expand on that example and talk about some of the future benefits of unlicensed spectrum use in the context of 5G deployment? 

Also, in your opinion, what, if anything, should Congress do to 

leverage NTIA’s expertise and role in unlicensed spectrum use? 

Mr. GALLAGHER. So unlicensed spectrum has been one of the gold 

mines of our tech economy over the last 15 years. If you look at 

wi-fi and how pervasively we use it in our homes and our businesses, it’s been just a powerhouse of very, very cheap, very efficient transmission of data. 

Now, ultimately, all of that ties back to a fiber architecture and 

gets transmitted over more robust networks. But the promise of 

unlicensed has been proven to be very, very true and very real. 

So finding more of that it makes great sense because if you have 

encountered the interference in your home from multiple devices, 

as we all carry more and more of them, we access richer and richer 

services, it does put a load on those and there is a potential for interference. 

So more of that type of spectrum will continue to feed the growth 

in that area, lowers the burden on our license services. 

I think the aspiration of unlicensed that we have yet to achieve 

is I would call carrier class unlicensed spectrum use where you 

would have, basically, the quality of a licensed service done in an 

unlicensed way. 

58 

That remains something that’s out of reach at the moment. It 

hasn’t really been delivered yet in the marketplace. 

In the times when John and I were serving it looked like that 

was going to happen, and it hasn’t really come to fruition. But 

that’s an area of further explanation. 

Mrs. BLACKBURN. The gentleman yields back. 

Mr. Butterfield, you’re recognized for 5 minutes. 

Mr. BUTTERFIELD. Thank you very much, Madam Chairman, and 

thank you to the three witnesses for your testimony today. 

We have votes around 3:15 and so I am going go cut mine short 

and not go through the full 5 minutes, Madam Chairman. But let 

me just ask the three witnesses, I am from a rural low income community in eastern North Carolina and I think we can all agree that 

we have a digital divide in this country. 

It’s no question that affluent developed communities have 

broadband. Low income rural communities, many of them, do not. 

Can you just tell me, each of you, in your own words in plain 

English why we have this digital divide and what we can do to 

bridge this divide and bring it to an end in my lifetime? 

Ms. HOVIS. Congressman, I think you articulated the problem exactly right. The challenges that private investment goes—it follows 

the money and where the opportunity is and we need to build 

bridges in terms of investment and funding at the state, local, and 

federal level to support private investment and to add to it and to 

make it economically viable and interesting for the private sector 

to support markets where they might not otherwise go and to make 

it possible for other entities to provide services in those markets 

where the private sector may choose not to go and that, in my opinion, should include counties and municipalities and nonprofit and 

public-private partnerships and collaborations because we need to 

use every tool in the toolbox if we are going to bridge those gaps. 

Mr. KNEUER. I will just keep banging on the 5G drum for a 

minute. There is the reality of the economic return, based on the 

cost of the deployment of the networks. In the very high cost for 

hard-to-serve areas, the economic incentive breaks down on delivering service to those areas. 

As 5G becomes a reality, that economic equation will change dramatically and I think we have a promise of wireless networks closing dramatically the gaps that would need to be filled by the kinds 

of public and private partnerships and by government support. 

Mr. GALLAGHER. And I would just add my voice to the solution 

will be wireless. It will be a lot lower cost per person or per unit 

of data than what has been deployed in the past. 

The technology has come to this stage where now we carry devices in our pockets that 5 years ago would have cost tens of thousands of dollars. 

Now, there are new versions coming out every year. Flat screen 

TVs used to be ridiculously expensive. They’re now borderline disposable, and these types of end of the network uses for 

broadband—they’ve brought down the cost in the home for those 

that need the service in rural areas as well as in the networks 

themselves. 

59 

So as we continue to get better and better at better technologies, 

richer technologies, lower cost devices on the other end, it’ll help 

close that gap. 

Mr. BUTTERFIELD. All three of you agree 5G is the future? 

Ms. HOVIS. If I may add, Congressman. 

Mr. BUTTERFIELD. Yes. 

Ms. HOVIS. I very much agree with my colleagues here. We are 

all extremely optimistic about the wireless future. But there is no 

rural wireless without a wire to support that wireless service and 

that means we can’t just say, well, we don’t have to worry about 

wired infrastructure in rural areas because wireless will take care 

of it. 

That wireless component is only the very end of the network and 

if we are going to give folks in rural communities the kinds of services that we all expect every day in our urban communities, we are 

going to have to make sure that wire is there to support next-generation wireless deployment, and we’ve got a long way to go on 

that. 

Mr. BUTTERFIELD. Thank you. 

Mr. GALLAGHER. I would just amend by saying wireless back 

haul is in service now and is a step toward helping close that gap 

that exists on the wired space. 

Mr. BUTTERFIELD. OK. All right. Thank you, Madam Chair. 

Mrs. BLACKBURN. The gentleman yields back. Mr. Guthrie, you’re 

recognized. 

Mr. GUTHRIE. Thank you. Thank you very much, and I will be 

brief too because I know we have at least another question over 

here. 

So, many counties regionalised their dispatch centers, and not 

only does it allow for pooled technical resources—9-1-1 services is 

what I am talking about—it also provides for the redundancies in 

the system so that if one county dispatch center shuts down, the 

other can cover for them because they share the same equipment. 

As we work for further deployment of NG 9-1-1, how can NTIA 

work to support the ongoing and future initiatives of these regional 

dispatch centers. 

I will just open it to anyone. Does any—— 

Mr. GALLAGHER. The first thing I would say is convening, and 

that’s a very strong power of NTIA historically is bring people together to share best practices so that as the public safety law enforcement network responsible leaders, when they get together 

they’re able to see that there’s a cheaper and better way of doing 

something, they learn that from one another. 

The other, again I would point to is ITS as NTIA does do research on the telecommunications services themselves and potentially could assist in formulating lower cost ways or more robust 

ways of providing the same service. 

Mr. GUTHRIE. OK. And I know there’s been discussion in elevating the NTIA administrator to an under secretary, and somebody else may ask more about that. 

So but I want to focus on if the elevation of the title adds to what 

we may call gravitas, internationally, what would it do interagency 

for the deployment of Federal spectrum and auctioning Federal 

spectrum? 

60 

Mr. KNEUER. I think it’s directionally helpful. As a practical matter, NTIA functions inside the department as an under secretary 

already. There’s no layer in between NTIA and the secretary. 

Typically, an assistant secretary might report to an undersecretary, who then reports to the secretary of commerce. NTIA actually 

has one step elevated stature in that it also reports dotted line directly to the President. 

So in terms of the governance, it’s functioning as an under secretary already. But in terms of protocol and interagency negotiations, if you’re synced up with an assistant secretary at the Defense Department who then is talking to an under secretary before 

they get to the secretary, it’s just one more layer in between. 

So I think there is, it would be directionally helpful inside managing the interagency process and it would more accurately reflect 

where the agency sits within the department by making an under 

secretary. 

Mr. GUTHRIE. So thanks. 

And then really quick also, mapping. I know we’ve talked about 

mapping and it’s been addressed. But I would like to share my support for more granular mapping that’s been talked about and better 

data and better verification as well. 

Do you have suggestions for improving verification strategies? I 

know you have talked a little bit earlier. I know I was in and out 

with another meeting, Ms. Hovis, if you—— 

Ms. HOVIS. I don’t know how this happens, but I think that— 

wherever I travel I speak to stakeholders and officials in rural communities who say to me, why is the map showing us as served 

when we know we are not served, and there needs to be some kind 

of formal mechanism for feedback and opportunity to challenge the 

map where it’s not accurate and resources for the map then to be 

corrected because I understand it’s expensive and difficult for providers to provide certain kinds of data. 

But the rural communities, the rural businesses that are suffering from the fact that the map has not got accurate data and 

therefore they’re not eligible for certain kinds of programs or certain kinds of support at the state and Federal level. Very, very 

frustrating for them, and it is the Federal Government that is putting this data together. 

Mr. GUTHRIE. Well, that’s important, too, because my area it has 

rural areas you just look at and say you know there’s issues that 

need to be addressed. My home town is Bowling Green, which is 

kind of tied in with our chairwoman’s community—boom town of 

Nashville. We are a boom town as well. 

And you hear from people who are developing and trying to accommodate the growth and stuff moving forward is that a lot of 

people won’t want to move into certain neighborhoods or they can’t 

develop areas because there’s no profit. If you’re going to build a 

nice home you’re moving in you want access to broadband. 

So that’s limiting what can happen. But if you look at a map, you 

would say that Warren County, that has gone from 70,000 to 

125,000 in the last 20 years, would be served. 

But it depends on where you live, and so that’s what’s important. 

And I was going to not use all my time but I almost did. 

I yield back. 

61 

[Laughter.] 

Mrs. BLACKBURN. The gentleman yields back. Mr. Shimkus, 

you’re recognized. 

Mr. SHIMKUS. Thank you, Madam Chairman. Great hearing. It’s 

good to see you all again. 

I am going to start really following up on my colleague, Mr. 

Guthrie’s question on the under secretary debate and is—because 

you talked—Mr. Kneuer, you talked internally. 

Let’s talk externally. We’ve been involved in the NATO parliamentary assembly. I do some stuff in the Baltic regions. Titles 

matter internationally. 

Anyone want to comment on a title change just for the international aspects of what NTIA has to do? 

Mr. KNEUER. Yes. I think it’s more relevant in the international 

context than in the interagency domestically. We can sort of manage that here. 

In my experience traveling, they were very confused by the NTIA 

role and the title, are you the minister of communications, which 

in foreign countries could be one of the leaders of the cabinet, right. 

So some clarity with an under secretary helps them understand 

it. It gives commonality with our counterparts in the State Department who travel internationally. There’s more of a clarity of what 

the role is. 

So I think the elevation of the title actually probably carries a 

little bit more currency in international negotiations than it does— 

you can manage it here. You just have to—— 

Mr. SHIMKUS. Right. Mr. Gallagher, you seem to be shaking your 

head. Do you agree with that analysis? 

Mr. GALLAGHER. Yes. I think 90 percent of the benefit of this is 

coming in the international arena and it comes from respect from 

the foreign delegations. 

It’s very important for us to keep in mind that they don’t have 

the turnover we do. Our political system—we move through political appointees. There, they tend to be there for very long periods 

of time. 

The title helps cut through that gap and experience. 

Mr. SHIMKUS. Great. Thank you. And I want to focus on a part 

of the discussion draft, which is WHOIS database, and I—many of 

you follow me. I was involved with the IANA on transition and 

ICANN debate, and there was kind of a commitment during that 

discussion that the WHOIS database would continue. 

Now, throw in the uncertainty with the European Union and the 

general data protection regulation. 

Can you talk to me about the importance of keeping the WHOIS 

database and this European concern and how we crunch through 

this? 

Mr. Gallagher. 

Mr. GALLAGHER. It’s absolutely vital that the WHOIS database 

is taken very seriously and continues to have the emphasis that it 

has had for a very long period of time. 

In virtually every bilateral meeting that I had or any other international meeting, the Department of Justice, Department of Homeland Security, the intelligence community, the White House all the 

62 

way through made sure it was always on our agenda at NTIA to 

underscore the importance of WHOIS. 

That’s paramount that that continue, even with any conflict with 

the GDPR. The conflict is something that is misplaced if that’s the 

way it’s perceived. 

The mission of WHOIS to intellectual property holders, law enforcement, is paramount to whatever those concerns might be 

about individual privacy. 

Mr. SHIMKUS. Anyone else want to chime in on that? 

Mr. KNEUER. I think there is no separation anywhere in the USG 

and, I even think, at ICANN with regards to the importance of 

WHOIS and the commitment to collect reliable publicly accessible 

WHOIS data. 

This conflict of laws with the GDPR, I think WHOIS is going to 

be sort of the pointy end of the spear on that. There are lots and 

lots of different places where the GDPR is running into conflicts of 

law. 

So I think this is going to be an exercise we are going to have 

to undertake. I think NTIA remains well suited to be the U.S. 

point in working with ICANN, protecting that, and if it turns out 

that there needs to be a U.S. legal solution to clarify and supersede 

the GDPR, that’s something that they can consider as well. 

Mr. SHIMKUS. Thank you, and I want to submit for the record the 

Coalition for a Secure and Transparent Internet to the record. 

Mrs. BLACKBURN. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mr. SHIMKUS. And I will just end on I sent a letter along with 

Congressman Ruiz to GoDaddy highlighting and fleshing this out 

either. 

So it’s very important and I appreciate your answers and look 

forward to having that part of the language. 

And I yield back. 

Mrs. BLACKBURN. The gentleman yields back. 

And Mr. Welch has no questions or comments. We are delighted 

that he’s here. We should ask him where he was in 1992, the last 

time Congress did this. 

Well, seeing that there are no further members wishing to ask 

questions for the panel, I want to thank each of you for being here 

today and for helping us. 

As you can see, there is broad bipartisan agreement on moving 

forward with the rural broadband and with NTIA—their participation, and so we thank you for your insight. 

Before we conclude, I ask unanimous consent to enter the following documents into the record: a letter from NTIA, a Politico article, ‘‘Wired to Fail,‘‘ a letter to me from organizations fighting 

human trafficking, a letter from CCIA—that is offered by Mr. 

Lance—a letter from CSTI, offered by Mr. Shimkus, ESA’s court filing, offered by Mr. Doyle, the Shimkus-Ruiz letter regarding 

WHOIS and the database. 

Without objection, so ordered. 

[The information appears at the conclusion of the hearing.] 

Mrs. BLACKBURN. Pursuant to committee rules, all members are 

reminded that they have 10 business days in which to submit addiVerDate Nov 24 2008 12:54 Mar 01, 2019 Jkt 037690 PO 00000 Frm 00066 Fmt 6633 Sfmt 6633 U:\MY DOCS\HEARINGS 115\HEARINGS\115-146 CHRIS
63 

tional questions, and we would ask each of you—our witnesses— 

to respond within 10 business days. 

Seeing there is no further business to come before the committee, 

the subcommittee is adjourned. 

[Whereupon, at 3:23 p.m., the committee was adjourned.] 

[Material submitted for inclusion in the record follows:] 

64 


35141.027

Contact: 

Computer & Communications 

Industry Association 

Tech Advocacy Since 1972 

Heather Greenfield hgreenfield@ccianet.org 

Ed Black eblack@ccianet.org 

John Howes jhowes@ccianet org 

FOR IMMEDIATE RELEASE: 

June 26, 2018 

CCIA Encourages House E&C To Reauthorize NTIA, Promote Spectrum, 

Competition 

Washington -- The House Energy & Commerce Committee is meeting today (Tuesday) 

to consider the National Telecommunications and Information Administration (NTIA) 

Reauthorization Act. 

The following can be attributed to Computer & Communications Industry Association 

President & CEO Ed Black: 

"CCIA welcomes the Energy & Commerce Committee's plans to reauthorize the NTIA, 

which has not been accomplished in nearly a quarter century. As the President's 

principal adviser on telecommunications and information policies, NTIA plays important 

roles in advocating for telecommunication policies around the world that promote 

competition and in managing federal spectrum. 

"CCIA encourages the committee to build on this discussion draft by adding the 

bipartisan AIRWAVES Act (H.R. 4953), which will help create a pipeline of licensed and 

unlicensed spectrum to promote the benefits that next-generation 5G wireless networks, 

and the PEERING Act (H.R. 4817), which will promote connectivity and economic 

development in underserved areas. Following the reauthorization of the Federal 

Communications Commission (FCC) through RAY BAUM's Act earlier this year, CCIA 

encourages the Committee's continued bipartisan efforts to push this important agency 

forward." 
65 


35141.028

AboutCCIA: 

The Computer & Communications Industry Association is an international, nonprofit association 

representing a broad cross section of computer, communications and Internet industry firms. 

CCIA remains dedicated, as it has for over 40 years, to promoting innovation and preserving full, 

fair and open competition throughout our industry. Our members employ more than 750,000 

workers and generate annual revenues in excess of $540 billion. For more, please go to: 

www.ccianet.org 
66 


35141.029

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 1 of 7 

ORAL ARGUMENT NOT YET SCHEDULED 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

MOZILLA CORPORATION, 

Petitioner, 

v. 

FEDERAL COMMUNICATIONS 

COMMISSION and UNITED STATES 

OF AMERICA, 

Respondents. 

No. 18-1051 (Lead) 

Consolidated with Nos. 18-105 2, 

18-1053, 18-1054, 18-1055, 18-

1056, 18-1061, 18-1062, 18-

1064, 18-1065, 18-1066, 18-

1067, 18-1068, 18-1088, 18-

1089 

THE ENTERTAINMENT SOFTWARE ASSOCIATION'S 

MOTION FOR LEAVE TO INTERVENE IN SUPPORT OF PETITIONERS 

Pursuant to 28 U.S.C. § 2348, 47 U.S.C. § 402(e), and Federal Rule of 

Appellate Procedure 15(d), the Entertainment Software Association (ESA), a trade 

association representing companies that publish computer and video games for 

video game consoles, handheld devices, personal computers, and the internet, 

moves for leave to intervene as a matter of right in support of Petitioners in the 

above-captioned proceeding. 

Petitioners seek review of a Federal Communications Commission (FCC) 

Order, which eliminates judicially approved rules the FCC adopted in 2015 to 

protect and promote net neutrality. See Restoring Internet Freedom, Declaratory 

Ruling, Report and Order, and Order, FCC 17-166, WC Docket No. 17-108 (rei. 

Jan. 4, 20 18) ("Order"). Petitioners argue that the Order is "arbitrary, capricious, 
67 


35141.030

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 2 of 7 

and an abuse of discretion within the meaning of the Administrative Procedure 

Act, 5 U.S.C. § 701 et seq.," "violates federal law, including ... the 

Communications Act of 1934, as amended, and FCC regulations promulgated 

thereunder," "conflicts with the notice-and-comment rulemaking requirements of5 

U.S.C. § 553," and is "otherwise not in accordance with law." 

ESA actively participated in the FCC proceeding, and because the FCC's 

Order permits ISPs to take actions that could jeopardize the fast, reliable, and lowlatency connections that are critical to the video game industry, ESA's members' 

interests will be substantially affected by this Court's review of the Order. See 

Comments of the Entertainment Software Association, Restoring Internet 

Freedom, WC Docket No. 17-108 (filed Jul. 17, 2017). The FCC's Order 

eliminates the rules that prevent broadband providers from blocking, throttling, and 

otherwise inter!ering with consumers' access to content online. Absent these 

protections, ESA and its member companies will have no effective legal recourse 

against broadband provider conduct that impairs consumers' online video game 

experiences. In particular, broadband providers arc now permitted to engage in 

practices that degrade consumers' traffic. That, in tum, could have significant 

consequences for the enjoyment ofmultiplayer online games and cloud-based 

game play services, both of which require low latency connections to support rapid 

and continuous interactivity. Unlike streamed movies or music, games cannot be 

2 
68 


35141.031

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 3 of 7 

buffered to compensate for problems with the broadband connection. Degradation 

of consumers' traffic could also impact game distribution networks, which depend 

upon adequate and consistent bandwidth to deliver large file downloads in a timely 

manner. ESA therefore supports enforceable open internet protections that have 

helped fuel dynamic growth, competition, and innovation in the video game 

industry. 

For the foregoing reasons, the Court should grant the Entertainment 

Software Association's motion to intervene. 

Dated: April4, 2018 

Respectfully submitted, 

Is/ Scott Blake Harris 

Scott Blake Harris 

E. Austin Bonner 

HARRIS, WILTSHIRE & GRANNIS LLP 

1919 M Street, N.W., 8th Floor 

Washington, D.C. 20036 

(202) 730-1300 

Counsel for the Entertainment Software 

Association 

3 
69 


35141.032

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 4 of 7 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

MOZILLA CORPORATION, 

Petitioner, 

v. 

FEDERAL COMMUNICATIONS 

COMMISSION and UNITED STATES 

OF AMERICA, 

No. 18-1051 (Lead) 

Respondents. 

Consolidated with Nos. 18-1052, 

18-1053, 18-1054, 18-1055, 18-

1056, 18-1061, 18-1062, 18-

1064, 18-1065, 18-1066, 18-

1067, 18-1068, 18-1088, 18-

1089 

PROPOSED INTERVENOR'S CORPORATE DISCLOSURE STATEMENT 

Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, the 

Entertainment Software Association (ESA) hereby submits this Corporate 

Disclosure Statement. ESA is a trade association representing companies that 

publish computer and video games for video game consoles, handheld devices, 

personal computers, and the internet. ESA does not have any parent corporations 

and does not issue stock. 

Dated: April 4, 2018 

Respectfully submitted, 

Is/ Scott Blake Harris 

Scott Blake Harris 

E. Austin Bonner 

HARRIS, WILTSHIRE & GRANNIS LLP 

1919 M Street, N.W., 8th Floor 

Washington, D.C. 20036 

(202) 730-1300 

Counsel for the Entertainment Software 

Association 
70 


35141.033

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 5 of 7 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

MOZILLA CORPORATION, 

Petitioner, 

v. 

FEDERAL COMMUNICATIONS 

COMMISSION and UNITED STATES 

OF AMERICA, 

Respondents. 

No. 18-1051 (Lead) 

Consolidated with Nos. 18-1052, 

18-1053, 18-1054, 18-1055, 18-

1056, 18-1061, 18-1062, 18-

1064, 18-1065, 18-1066, 18-

1067, 18-1068, 18-1088, 18-

1089 

PROPOSED INTERVENOR'S CERTIFICATE AS TO PARTIES 

Pursuant to Circuit Rule 27(a)(4) and Circuit Rule 28(a)(1)(A), the 

Entertainment Software Association hereby certifies that in Case No. 18-1051 and 

the consolidated cases, the Petitioners are Mozilla Corporation; Vimeo, Inc; Public 

Knowledge; the Open Technology Institute; the State ofNew York, et al.; the 

County of Santa Clara, et al.; the California Public Utilities Commission; the 

National Hispanic Media Coalition; NTCH, Inc.; the Benton Foundation; Free 

Press; the Coalition for Internet Openness; Etsy, Inc.; Ad Hoc Telecom Users 

Committee; and the Center for Democracy and Technology. Respondents are the 

Federal Communications Commission (FCC) and the United States of America. 

The City of San Francisco has been admitted to the case as an Intervenor in support 

of Petitioners. The Entertainment Software Association seeks leave to appear in 
71 


35141.034

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 6 of 7 

this matter as an Intervenor in support of Petitioners. No amici have appeared 

before this Court. 

Dated: April 4, 2018 

Respectfully submitted, 

Is/ Scott Blake Harris 

Scott Blake Harris 

E. Austin Bonner 

HARRIS, WILTSHIRE & GRANNIS LLP 

1919 M Street, N.W., 8th Floor 

Washington, D.C. 20036 

(202) 730-1300 

Counsel for the Entertainment Software 

Association 
72 


35141.035

USCA Case #18-1051 Document #1725150 Filed: 04/04/2018 Page 7 of 7 

CERTIFICATE OF SERVICE 

I certify that on April 4, 2018, the foregoing was electronically filed through 

this Court's CM/ECF system, which will send a notice of filing to all registered 

users. Users not registered with CM/ECF will be served by U.S. Mail. 

CERTIFICATE OF COMPLIANCE 

I certify that the forgoing Motion complies with the type-volume limitation 

of Fed. R. App. P. 27 because it contains 414 words. This Motion complies with 

the typeface and type style requirements of Fed. R. App. P. 27 because this Motion 

has been prepared in a proportionally spaced typeface using Word 14-point Times 

New Roman typeface. 

Dated: April4, 2018 

Is/ Scott Blake Harris 

Scott Blake Harris 

E. Austin Bonner 

HARRIS, WILTSHIRE & GRANNIS LLP 

1919 M Street, N.W., 8th Floor 

Washington, D.C. 20036 

(202) 730-1300 

Counselfor the Entertainment Software 

Association 
73 


35141.036

CST I COALITION 

FOR A SECURE AND 

TRANSPARENT INTERNET 

U.S. House of Representatives 

Energy and Commerce Committee 

Subcommittee on Communications and Technology 

2125 Rayburn House Office Building 

Washington, D.C. 20515 

Dear Chairman Blackburn and Ranking Member Doyle: 

The Coalition for a Secure and Transparent Internet (CST!) writes to thank you for your leadership on the 

National Telecommunications and Information Administration (NTIA) reauthorization as it relates to 

WHO IS data. We applaud the draft NTIA Reauthorization Act of 2018 Section 105, "Sense of Congress on 

Preservation of Domain Name System and WHO IS Service" for calling attention to the critical 

importance of maintaining this data as free, transparent, and publically available. 

As you know, WHO IS data is the publicly available information on who has registered and administers 

generic top level domain (gTLDs) names in spaces like .com and .net as well as certain country-code 

domain spaces like .TV. WHO IS data has been publicly accessible for free since the inception of the 

Domain Name System. Generic top-level domain name registrars and registries are contractually 

required to collect contact information from all domain name registrants at the time of registration. This 

contact data, including name, address, phone number, and email address, is combined with certain 

other attributes of a domain name's registration to comprise WHOIS data. 

Due to an overly broad interpretation of the EU's General Data Protection Regulation (GDPR), many 

domain name registrars and registries are shutting down public access to the full range of WHO IS data, 

both for one-off requests and automated access. Law enforcement, consumer protection agencies, 

child advocacy groups, anti-human trafficking organizations, cybersecurity investigators, copyright and 

trademark holders, journalists, academics, and others rely on WHO IS to help determine who is operating 

a criminal website, sending malicious (SPAM, phishing) emails, or initiating cyber security attacks. When 

WHO IS data goes dark it takes away a critical source of information that is used to help keep the 

internet safe, secure and sustainable for all internet users. 

CSTI encourages the Committee to do all you can to make WHO IS registration data publicly available in 

order to help protect Internet users from online criminal activity and to enable action against network 

and cyber security risks, intellectual property violations, and consumer fraud and abuse online. 

Thank you again for your time and attention to this important issue. CSTI and our member organizations 

look forward to working with you on future versions of the language as you receive feedback, and on 

other efforts to ensure robust access to the WHO IS database continues. Please contact CSTI via Libby 

Baney (Libby.Baney@faegrebd.coml or Josh Andrews (Josh.Andrews@Faegrebd.cm) anytime. 

Sincerely, 

The Coalition for a Secure and Transparent Internet 

www.SecureandTransparent.org 

ACT I The App Association; Alliance for Safe Online Pharmacies; Coalition for Online Accountability; 

Crucial Point LLC; CTO Vision; DomainTools; LegitScript; National Association of Boards of Pharmacy; 

Recording Industry Association of America; Motion Picture Association of America and SpamHaus 
74 


35141.037

ADVAMONG GlOBAl COMMUNICATIONS 

TIAOHllHE.ORG 

June 25, 2018 

The Honorable Marsha Blackburn 

U.S. House of Representatives 

2266 Rayburn House Office Building 

Washington, DC 20515 

The Honorable Mike Doyle 

U.S. House of Representatives 

239 Cannon House Office Building 

Washington, DC 20515 

Dear Chairman Blackburn and Ranking Member Doyle: 

The Telecommunications Industry Association (TIA), the leading trade association for global 

manufacturers, vendors, and suppliers of information and communications technology (ICT), 

applauds you for moving ahead to reauthorize the National Telecommunications and Information 

Administration (NTIA). NTIA serves a vital role in coordinating U.S. telecommunications 

policy in spectrum management, public safety, and other areas of national importance. Its efforts 

have also yielded direct benefits many times over for the American taxpayer. Meanwhile, we 

also appreciate the Committee's efforts to take a more holistic look at issues regarding ICT 

supply chain security. 

In this letter, we address (1) NTIA's budget; (2) other steps the Committee could consider to 

strengthen NTIA's work and federal spectrum management generally; and (3) efforts to promote 

the security of the ICT supply chain. 

NTIA's Budget 

NTIA is the rare government agency that directly turns a profit- of many orders of magnitudefor American taxpayers. T!A strongly supports the Committee's e1Torts to make further 

investments in NTIA, including an increase in the authorized level of appropriations to $50.8 

million. Increased funding would enable the agency to better carry out its mission in the 

following key areas: 

• Federal Spectrum Management. Work by the Office of Spectrum Management (OSM) 

has enabled federal spectrum auctions, such as the A WS-3 auction of federal spectrum in 

2015 that raised nearly $45 billion for the Treasury. Moving forward, OSM's efforts are 

essential to ensuring the successful deployment of innovative spectrum sharing models in 

the 3.5 GHz band, opening additional bands in the 3.4 GHz, 1300-1350 MHz, and other 

bands, and to future planning. 

• Wireless Research and Engineering. The Institute for Telecommunications Sciences 

(ITS) conducts cutting-edge pre-market research toward more efficient uses of spectrum. 

Its work on test and demonstration networks is also important as the U.S. information & 

communications technology industry seeks to deploy new technologies such as 50 
75 


35141.038

networks and keep pace with investments being made by European and Asian 

governments. 

• Security and Privacy. While providing important guidance to the Administration on an 

array of technology policy issues, NTIA's Office of Policy Analysis and Development 

(OPAD) facilitates critical multi-stakeholder processes on emerging topics like 

cybersecurity vulnerability disclosure and Internet of Things updatability and patching. 

NTIA has played and will continue to play a key role in implementing the President's 

executive order on cybersecurity, particularly with respect to mitigating botnets and other 

automated, distributed threats. 

Public Safety. NTIA's Office of Public Safety Communications (OPSC) played a 

pivotal role in the development of FirstNet, the forthcoming interoperable national public 

safety broadband network. OPSC's role is essential not just for FirstNet itself, but for 

assisting state and local governments with their coordination and planning, or 

(alternatively) constructing their own public safety radio access networks. 

In short, NTIA's efforts have enabled the communications services that consumers, businesses, 

state and local governments, public safety professionals, and the federal government all depend 

upon, while also yielding huge returns for taxpayers. Congress should strengthen these efforts. 

Other Steps to Enable NTIA's Future Success 

Aside from increasing the agency's budget, the Committee should consider other ways to 

strengthen the agency's authority, provide it with greater flexibility, and/or enhance its ability to 

carry out its mission. Ideas for doing so may include the following: 1 

Creating a National Spectrum Strategy. TIA supports the concept of creating a 

national spectrum strategy to help provide guidance for federal spectrum policy over the 

medium and long term. The strategy could include a set of principles, 2 a path toward 

achieving goals,3 and could also be a living document that evolves over time.4 This 

1 See generally Comments of the Telecommunications Industry Association to OSTP, Mar. 20, 

2014 ("TIA OSTP Comments"). 

2 See David J. Red!, NTIA Spectrum Policy Symposium Remarks, June 12,2018 ("The 

principles must include a commitment to balancing federal and non-federal spectrum 

requirements, and reflect the need to protect economic and national security. We need to ensure 

suflicient mechanisms exist to increase spectrum access, including through spectrum sharing, 

when that is the most effective approach. We need greater transparency of spectrum use. And 

we should promote increased collaboration between federal and non-federal stakeholders, 

including creative public-private partnerships.") ("Red! Symposium Remarks") 

3 See id. ("Our strategy must rely upon a flexible spectrum management regulatory model, to 

include standards and enforcement mechanisms that encourage spectrum efficiency and 

effectiveness. We also need to leverage spectrum research, development, testing and 

engineering processes to elevate and deploy advanced spectrum sharing tools, dual-use 

2 
76 


35141.039

would build on the Department of Defense's Electromagnetic Spectrum Strategy 

developed in 2013, 5 and DoD has signaled that it would welcome the creation of a wider 

strategy across the government. 6 

Better Tracking of Spectrum Use. A better spectrum use tracking and management 

process would undoubtedly encourage more efficient uses of spectrum by all users. 

However, achieving this objective would require more frequent and sustained 

engagement between government and private-sector users at a technical level. In cases of 

spectrum sharing, federal policy should support forums for all stakeholders to 

periodically exchange information to better ensure that the sharing environment is and 

remains workable. 

Stronger Central Coordination. As various spectrum-related efforts in recent years 

have demonstrated, a stronger level of coordination or management for federal spectrum 

usage may be required. Indeed, in some cases NTIA has occasionally had difficulties 

even obtaining current information from other departments, making it difficult for the 

agency to effectively respond to Administration and Congressional requests for more 

detailed information regarding federal use. It may be valuable to have NTIA be staffed to 

engage more closely with other spectrum management offices to ensure that there is 

greater currency to government records of use, providing greater transparency for 

management purposes. 

SRF Flexibility. TIA supports further efforts to provide agencies with appropriate 

flexibility to use a portion of funds from the Spectrum Relocation Fund to plan for 

transitions. NTIA Administrator David Red! has recently observed that some 

policymakers have suggested that not tying SRF funds directly to specific auction 

proceeds or relocations might broaden the incentive effects for federal agencies to share 

or otherwise re-purpose spectrum.7 \Vhile Congress must ensure that funding is still 

technologies, and innovative ways to access spectrum. We need to make meaningful progress 

toward establishing secure, enterprise-level spectrum management tools to help us both identify 

areas of greater spectrum efficiency, and to manage the coordination of shared spectrum 

access.") 

4 See NTIA Spectrum Policy Symposium Transcript, June 12, 2018, at 26 (remarks of Rachael 

Bender, Wireless and International Advisory to FCC Chairman Ajit Pai) ("instead of setting out 

one goal that we have to meet, it should be kind of a living document, something that can move 

over time as technology evolves, as things change, so that we can keep pushing torward and we 

can adapt.") ("NTIA Symposium Transcript"). 

5 Department of Defense, Electromagnetic Spectrum Strategy, 2013. 

6 NTIA Symposium Transcript at 28 (remarks of Col. Frederick D. Williams, Sr. Analyst, 

Spectrum Policy & International Engagements, Office of the CIO, DoD) ("We love, applaud, the 

idea of getting after a national strategy in the DoD.") 

7 See David J. Red!, Remarks at TIA Policy Forum: Federal Spectrum Policy for the 5G Era, 

June 21,2018 ("Red] TIA Remarks"). 

3 
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available for the primary purpose of directly supporting relocations, such flexibility may 

also help overcome any agency resistance to "unknowns" associated with any particular 

transition of spectrum. 

• Re-Investing Spectrum Proceeds in R&D. Spectrum R&D is the "seed corn" that has 

enabled more efficient uses of spectrum by federal and commercial users alike, resulting 

in macroeconomic benefits to the U.S. economy as well as direct benefits to the Treasury 

when more spectrum is made available for auction. To ensure that the pipeline of 

spectrum continues into the future, Congress should enact legislation requiring reinvestment of one percent of spectrum auction proceeds into spectrum research and 

development efforts8 

Supporting Global Wireless Standards Efforts. U.S. industry is facing significant 

pressure in global standards-setting forums from state-subsidized companies in other 

parts of the world. This is a growing problem that Congress should address through a 

variety of means, including allowing the use of the R&D tax credit for participation in 

standards-setting activities. NTIA's Institute for Telecommunications Sciences (ITS) 

helps promote Administration policies in national and international standards-setting 

bodies,9 and this Committee should consider ways to further strengthen that role to help 

ensure that U.S. industry can compete. 

Commercial Alternatives for Federal Users. For those communications capabilities 

that can be provided equally well by commercial providers, Congress should require 

agencies to consider commercial options in lieu of using their own legacy systems -

options that may be more cost-effective while providing much greater flexibility in 

serving an agency's mission. Indeed, any legacy uses of agency spectrum for 

communications purposes may need to be re-evaluated in favor of a more flexible 

approach that will ultimately benefit the agencies themselves. 10 For example, in 2013 

DoD committed that it would seek to use commercial services and technologies to meet 

its requirements where possible. 11 

• Caution on Spectrum Leasing. TIA is cautiously open to exploration of potential 

spectrum leasing models, as NTIA has proposed doing in its FY19 budget. However, 

8 Current spectrum auction authority expires at the end of FY2022, except for certain bands 

identified under the Spectrum Pipeline Act of2015. See 47 U.S.C. § 309(j)(ll). Direction of 

1% of funds from auctions conducted beginning in 2023 to R&D may therefore potentially avoid 

congressional budget scoring issues that other proposals have encountered in recent years. For 

guidance on how funding could be directed, see, e.g., TIA White Paper, Spectrum Sharing 

Research and Development (2014); S. 911. 1121

h Cong., § 224 (as reported in Senate). 

9 See Redl TIA Remarks. 

10 The outcomes of such re-evaluations may be different for each agency, particularly when 

considering certain non- "communications" uses of spectrum (radar, telemetry, etc.). 

11 DoD Electromagnetic Spectrum Strategy, supra n.5, at 7. 

4 
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TIA agrees with Administrator Red! that the concept needs much more study and analysis 

before it could be implemented. 12 For example, TIA has expressed concerns in the past 

regarding spectrum fees possibly a different concept from what NTIA may be studying 

now- since the implementation of any such fees would almost certainly not be universal, 

and would therefore create myriad opportunities for "market distortions" including 

administrative and/or legislative intervention over time. (To usc an analogy, the existing 

problems of a massively complex tax code should not be imported into spectrum policy.) 

This could result in a marketplace that may not be technology-neutral, i.e., in which the 

government is picking technological winners and losers. 13 

Supporting NTIA's Technical Workforce. Nearly half ofNTIA's workforce is focused 

on spectrum policy issues, 14 and many other topics within the agency's purview are also 

highly technical in nature. Ensuring that the agency is appropriately staffed with highlyqualified technical personnel, including electrical engineers with a background in 

spectrum issues, will be essential to ensuring that the agency can fulfill its mission in 

future years. The FCC recently launched a new Honors Engineer Program to address 

similar concerns, 15 and this Committee should consider similar ways to creatively ensure 

that NTIA has appropriate technical staffing to meet future needs. 

Securing the ICT Supply Chain 

TIA has recently explained in its detailed comments to the FCC that supply chain security in 

general is a complex task that is best addressed through public-private partnerships and 

consensus-based industry standards. 16 A whole-of-government approach based upon an 

interagency process would be the most durable over the long term, and TIA has therefore 

outlined in its comments what such a process might look like, including a set of criteria for 

eventual use by decisionmakers1 7 

Also, TIA supports efforts by the U.S. government, including this committee, to address 

concerns regarding certain communications technology suppliers deemed to pose a national 

security risk. For that reason, TIA has supported the FCC's recent proposal to restrict specific 

companies posing national security concerns from receiving funding through the Universal 

12 See Red! TIA Remarks ("To be clear, this concept needs much more study and analysis, but I 

believe it is worth exploring whether it can become an additional tool for expanding access to 

spectrum and using it more efficiently and effectively."). 

13 TIA OSTP Comments at 6. 

14 See Red! TIA Remarks. 

15 Press Release, FCC Launches New Honors Engineering Program, Apr. 2, 2018. 

16 See Comments of the Telecommunications Industry Association, filed June I, 2018 in WC 

Docket No. 18-89, at 28-35 ("TIA USF Security Comments"). 

17 /d. at 80-84. 

5 
79 


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Service Fund program. 18 Meanwhile, Congress has already taken action with regard to certain 

hardware manufacturers to prohibit purchases by certain U.S. government agencies of equipment 

from certain companies. 19 Most recently, both the House and Senate versions of the FY19 

National Defense Authorization Act would expand those statutory prohibitions to encompass 

federal procurement more broadly.20 

*********************** 

Thank you again for holding a hearing on these issues. For more information, please contact me 

at 703-907-7707 or by email at crogers@tiaonline.org. 

Cinnamon Rogers 

Senior Vice President, Government Affairs 

Telecommunications Industry Association 

18 Protecting Against National Security Threats to the Communications Supply Chain Through 

FCC Programs, Notice of Proposed Rulemaking. WC Docket No. 18-89, FCC 18-42 (rei. Apr. 

18, 2018), 83 Fed. Reg. 19,196 (May 2, 2018) ("Notice"); see also TIA USF Security Comments 

(passim). 

19 See, e.g., National Defense Authorization Act for Fiscal Year 2018, Pub. L. No. 115-91, div. 

A,§ 1634, 131 Stat. 1283, 1739 (Dec. 12, 2017) (prohibiting all federal agencies from using any 

"hardware, software, or services developed or provided, in whole or in part," by Kaspersky Lab); 

id at § 1656, 131 Stat. at 1762 (barring the Department of Defense from "procurfing] or 

obtain[ing], or extend[ing] or renew[ing] a contract" with Huawei or ZTE for "any equipment, 

system, or service" that forms a substantial component of any nuclear deterrence or homeland 

security mission); Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013, 

Pub. L. No. 113-6, div. B, § 516, 127 Stat. 198,274 (2013) (barring the Departments of 

Commerce and Justice, NASA, and the National Science Foundation from purchasing IT systems 

"produced, manufactured or assembled" by entities "owned, directed, or subsidized by the 

People's Republic of China" unless the purchase is "in the national interest of the United States," 

and requiring that agencies must consult with the FBI or another appropriate federal entity to 

assess the risk of cyberespionage or sabotage before considering purchasing any such systems). 

20 National Defense Authorization Act for Fiscal Year 2019, H.R. 5515, !15th Cong., div. A,§ 

880 (engrossed in House on May 24, 2018); National Defense Authorization Act for Fiscal Year 

2019, H.R. 5515, § 6702 (printed as passed in Senate, June 19, 2018). 

6 
80 


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6/26/2018 Wired to fail - Tony Romm - POLITICO 

POLITICO 

PO!JTH'O !NVEST1C1All0N 

Wired to fail 

I low a little known agency mishandled several billion dollars of stimulus money trying to expand broadband coverage to rural communities 

By ]Qoy...Emnlll 

7/28/15 5 15 AM EDT 

Updated 7128115 5:32PM EDT 

Bryant Hancock, a contractor for Lake Connections.bunes fiber opt1c lines m May in rural Lake County. Minnesota.! M. Scott Mahaskey!Politico 

• Shares 

• 

·~ Ilrill&r 

• Qrulgl<.± 

• Emilll 

·~ • £ilglllJU<l! 

·= 

BRCKEHIIYDESIGN In September 2011, as the C s_ economy continued to sputter in the shadow of the Great Recession, Jonathan 

Adc!stem offered a bold promise on behalf of a tiny federal agency that had long strived to improve the lives of rural 

Amen cans APOUTJCO series that Investigates 

little-known federal agencies where big 

policy challenges m'*!t political realities. 

Story Continued Below 

The admimstrator of the little-known Rural Utilities Service had just finished announcmg $3.5 billion in aid to 

expand htgh-speed Internet access to the hardest-to-reach areas of the country. The awards, part of the federal 

stimulus passed by Congress two years earlier, had been crucml to President Barack Obama "s blueprint for a 

recovery that would <:nsure farmers and remote businesses could compete m an increasmgly global economy, 

'These investments in broadband will connect nearly 7 mil!ion rural Americans." Adelstein pledged in a report to Congress, "along with more than 360,000 businesses 

and more than 30,000 critical commumty mshtutmns hkc schools, health care facihtleS and pubhc safety agenctes, to new or IIDJ)tOVCd service" 

Judged against the agency's SO-year track record, those numbers didn't seem unreahst1caHy ambit1ous. Dunng the Great Depression, after a!l, RUS had loaned out 

m1lhons of dollars to string electric lines to distant farms and small towns m parts of the country that private companies refused to serve- a bold and calculated risk that 

had transformed America m a single generation 

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6/26/2018 Wired to fail· Tony Romm ~POLITICO 

When 1t came to fundmg broadband 

Also on POl !TJCO 

It should come a~ httle surpnse. then, that four years and tOur d1rectors later, RUS h.as failed to deliver on Adelstein's prom1se 

But a bigger, more crit1ca! dead fine looms for those broadband proJects sn!! undenvay !f these networks do not draw a!! their cash by the end of September, they will have 

to forfeit what remains. In other words, they may altogether squander as much as $277 million in still-untapped federal funds, which car!"t be spent elsewhere mother 

neglected rural communJtJeS 

cooperatives 

https·ffwww.po!itico. com/story/20 1 5/07/broadband-coverage-rural-a rea-fund-mishand!ed-120601_ful!. htm!?print 2/17 
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6/2612018 Wired to fail* Tony Romm ~POLITICO 

Race against the clock 

In 2009, as part of the federal Recovery Act, the Rural Utilities Se!Vice launched a $3.5 billion program to brlr 

high-speed Internet se!VIce to more than 7 million rural Americans. More than six years later, RUS appears un 

come close to hitting that mark. Roughly 150 projects, totaling about $270 million, have not drawn down som 

their awards. If they don't tap this cash by the end of September, they forfeit the money. Another 42 projects, 

more than $300 million, never got started. 

Household~ businesses 

KEY and anchor corporations 

reached 

Size of award 

$120M-

$100M· 

$80M .. 42 

.. ·400,000 

......... 200,000 

.................. so.ooo 

............ 10,000 

West 

II South 

Midwest II Pacific 

Northeast 

lake County 

Minnesota 

Award: $66.4M Project$ 

never got Percent drawn: 89.7% -+----(l 

$60M- ........ 

I $40M· • • 

$20M 

$OM0% 10% 

Percent of award drawn 

*Four projects (circles with white outline) drew a portion ofthe award and are due to return it. 

Sources: U.S. Department of Agriculture sw 

httos:f /www.oolitico. com/storv/20 1 5/07/broadband-coveraqe*rural-area-fund-mishand led· 120601_fu!l. htm!?print 3!17 
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6/26/2018 Wired to fail- Tony Romm ~POLITICO 

100 percent certam that the company we give it to will not default and Will not fall Some of them 

Who's in charge? 

USDA 

Hilda Gay Lcgg 

TENURE: George W Bush appointee, 200 I to 2005 

QtJALif'ICATIONS: Legg was president and CEO of the Center for Rural Development, which worked in Kentucky on telecommunications 

WHERE IS SHE NOW? Legg launched her own ftrm, Legg Strategies, he!pmg others navigate the government's thicket of telecom Jaws. She's since 

become a consultant w1th Wiley Rem, and she has worked w1th clients seeking to obtam stimulus funds 

/then] ach1eve all 

James Andrew 

TENl'RE: Bush appointee. Served from September 2005 until Barack Obama took office in 2009 

Qt;ALIFICATIONS: A Georg1a native, Andrew spent 16 years representing hiS home state, then served as board president of the National Rural 

Electnc Cooperative Associatwn (Andrew dwd m Apnl.) 

Jonathan Adelstein 

TENL'RE: Obama appointee. Served from July 2009 to September 20! 2 

QVALIFICATIONS: Adelstein, a Democrat, served on the Federal Communications Commission as a commissioner from 2002 to 2009_ Before that, 

he served as a Senate staffer, mcluding a stmt as a top ardc to former Senate MaJonty Leader Tom Daschlc 

WHERE IS HE NOW? Adelstein m 2012 became prestdent ofPCIA- the Wirele% Infrastructure Association, a trade group 

on track and creatmg;obs m tnbal communmes and across rural America, " 

John Padalino 

TE~l:RE: Padalino served as RUS acting administrator from September 2012 until May 2013, when he was named administrator llc departed in 

August10!4 

QUALIFICATIONS: Pada!ino arnvcd at USDA in 2009 and served in a number ofleadership positions, including actmg pnncipal deputy counsel for 

the agency's OtTice of General Counsel and ch1ef of stuff for Rural Development. which houses RUS 

WHERE IS HE ~OW? After leaving USDA. Padalino returned to Kemp Smith, the Texas-based law firm where he practiced before his tenure at 

Brandon McBride 

TENt;RE: Obama appomtee. \1cBride became the 19th admimstrator of RlJS m March 2015 

Ql:ALJFICATIO~S: McBnde preVIously served as a semor staff member on the Senate Agriculmre Commtttee for then·Chainvoman Dl:'bbie 

Stabenow 

"Because of the strengthened nsk management practJces mstlluted by USDA, there has not been a smgle Recovery Act pro;ect default to dare. ' he satd m a statement. 

https:/lwww. politico. comfstory/20 15/07/broadband-coverage-ru ra!-area-fu nd-mlshand!ed~ 120601_ fulL htm!?print 4/17 
84 


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6/26/2018 Wired to fa1!- Tony Romm- POlll!GO 

Image credlfs. Campbellsville Uwversify Photo by Chnslllw K.:m, Jefferson Energy Coopnaflve, AP and Getty 

Andrew agreed w1th the senator, but there were plenty of mternal problems plagumg the embattled agency, as a 2005 inspector general's report revealed 

''They've been involved m loans and loan guarantees and things !tke that smce !949," Harkin said at the tune, 'so they know how to do these things" 

https://www.polltlco. com/story/20 1 5107 /broadband-coverage-rural-area-fund-mishandled-12060 1_fu!l. htmt?print 5117 
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6/26/2018 W1red to fail· Tony Romm ~ POUT!CO 

lntruth,projtx:tswerebcginningtoillil 

httos·flwww.oolitico.com/storv/2015/07/broadband-coveraoe-rura!-area-fund-mishandled~120601_fulLhtm!?print 6/17 
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6/26/2018 Wired to fall~ Tony Romm ~POLITICO 

But, he acknowledged to POLJTlCO, "We d1dn 't have a shovel~rcady proJeCt" 

https:/twww.politico. com/story/201 5/07/broadband~coverage.ru ral·area~fund·m ishandled·120601_fu!l. htm!?print 7117 
87 


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6!26/2018 W1red to fa!!~ Tony Romm • POUTICO 

A later d1spute with Lake County's lead contractor resulted m a total reshuffling of its leadership, further delaying the project. Potential competitors in the region, !ike 

Mediacom, a local cable provider, lobbied hard in Washington against the network, attracting the attentiOn of Republican stimulus skeptics like F!onda Rep. Cliff Stearns 

Stearns and his allies on tht: Energy and Commerce Commtttee m May 2012 opened a full-fledged probe of the Lake County award. For more than a year, they closely 

scrutinized the Minnesota network "Matenals reviewed by comnnttee staff also raise qucst1ons as to whether RUS adequately constdered the financial viability of the 

Lake C<lunty pro,Ject before committing .$66.4 million in government funding;· tivc members led by the panel's chrurman, Michigan Rep. Fred Upton, wrote in a March 

20!3!ctter 

Desp!te the agency's own doubts, RUS that year mounted a vigorous public defense of !Is mvestment, accordmg to documents reviewed by POLITICO. At the helm was 

John Pada!ino, a longtime leader at USDA who took over RUS after Adelstein's departure. Writmg to House Republicans on the C<lmmmee that Apnl, Padalino stressed 

that Lake County had ''met all eliglbihty, financial and technical reqwremcnts" to have received !Is award 

httn.•:; f lwww oo!itico. c:om/storv/201 5/07/broadband-coveraae-ru ra!-area-fund-mlshandled-120601 fuU.html?prlnt 8/17 
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6/26/2018 Wired to fail- Tony Romm ·POLITICO 

Stuck in the slow lane 

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6/26/2018 

BROADBAND ACCESS 

BY COUNTY 

As of May 15, 2015 

Wired to fail ·Tony Romm • POLITICO 

-~---~-~~-~--

'25mbps dOW1llo;'ld,'3mb 

Percentage of county population with dov 

speeds. of 25 Megabits per second or greE 

0% 20% 40% 60% 80% 

Sources: National Telecommunlcations lnformat!on Administration; Federal Communications Commission SW!NFOG 

(Click to enlarge) 

Lake County is not alone in what has become a race against the dock Roughly 150 of the total, orlginal297 broadband infrastructure projects approved by RUS have not 

drawn down their fu!l awards. leaving $277 milhon in potential tnvestment to posstbly be returned to the Treasury Adding to the headaches, RUS has not determined how 

many of its awardees completed their projects by the end of June. The agency imposed that deadline, after all, so it had sufficient time to ensure networks were built as 

proposed~ and it's unclear if it's be~n met 

·'RUS dtd not collect information that allowed anyone to evaluate whether or not 1t reached lis goals or what 1mpact it had; smd GAO's Go!dstem 

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6/26/2018 

"Many rural areas still need help and assistance,' hes.a1d 

ShareonFacebook~ 

IQny...Rrunm 

@!illl}IQllllll 

·~gY. 

·~ • PO! IT! CO lnvcstjgi!!im:t 

·~y~gu 

• Rural Communjties 

Wired to fail ~Tony Romm ~ POLITICO 

https·/fwww.politico.com/story/2015/07/broadband-coverage-rura!~area~fund~mishandled-120601_ful!.htm!?print 11/17 
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The Honorable Marsha Blackburn 

Chairman 

June 26, 2018 

Subcommittee on Communications and Technology Committee on Energy and 

Commerce 

United States House of Representatives 

2152 Rayburn House Office Building 

Washington, DC 20515 

Dear Chairman Blackburn: 

As Organizations fighting against human trafficking and sexual exploitation of children 

around the world, we want to thank you and express our support for the inclusion of the 

"Sense of Congress" language in the National Telecommunications and Information 

Administration (NTIA) reauthorization bill on the need to preserve the domain name 

system and the importance of maintaining a free, accessible, transparent, and publically 

available WHOIS database. 

Unfortunately, some Registrars and Registries have used the EU's General Data 

Protection Regulation (GDPR) as an excuse to shut down public access to a full range 

of WHO IS data. As anti-human trafficking, survivor, and child safety groups, we work 

closely with law enforcement who utilize the WHO IS database as a critical tool to help 

determine who is operating a criminal website that is knowingly engaged in human 

trafficking. Without an open WHO IS database, we are very concerned that the ability to 

go after these websites will be curtailed and thus make the recently enacted FOSTASESTA law less effective. 

Thank you for your leadership, and we look forward to working with you on this 

important issue in order to make the Internet safe, secure and sustainable for all. 

Sincerely, 

ECPAT USA 

Enough is Enough 

Mary Mazzie and the I AM JANE DOE, Survivors and Families 
92 


35141.055

JOHN M. SHIMKUS 

15TH 0JSTRJCT, !u lNOlS 

ENERGY AND COMMERCE COMMITTEE 

ENERGY ANO ?QWfR 

COMMUNICATIONS AND TECHNOLOGY 

Mr. Larry Page 

Chief Executive Officer 

Alphabet, Inc. 

{!Congress of tbc Wnttcb ~tatcs 

T!Jomu of l\epresentatibes 

ll!tmibington. « 20515-1315 

May II, 2018 

1600 Amphitheatre Parkway 

Mountain View, CA 94043 

Dear Mr. Page: 

Since arriving in Congress, we have strived to help make the internet a competitive, open 

and safe place and are gratified to have seen it become a tremendous resource for all Americans and 

the businesses they support. Sadly, however, we have all witnessed how this amazing technological 

achievement can also be used to perpetrate criminal and other illicit behavior, which compromises 

our public safety and security, and undermines the very foundation of this indispensable platform. 

The solution to protecting the integrity of the internet is, of course, transparency and public 

accountability. It is transparency that has driven one of the core ingredients of a sustainable 

internet, the publicly accessible WHOIS database. The Internet Corporation for Assigned Names 

and Numbers (ICANN) coordinates the WHOIS database, and contractually requires registrars and 

registries to make public certain WHO IS data regarding the identity of domain name registrants, 

including name, email, and phone number. WHO IS serves as the backbone of consumer trust and 

online protection because it provides the public with an indispensable window into who owns and 

operates websites in which we place our trust and, in some cases, personal information. 

From its founding, the WHO IS database was designed as a public directory to allow anyone 

to contact any individual who has obtained an internet domain address. Domain name registrants 

have long been aware that they must provide certain identifying information that will be publicly 

disclosed, and that such information may be used for matters of public safety, consumer protection, 

dispute resolution, and enforcement of rights. However, ICANN has unfortunately recently 

proposed changes to the publication of WHO IS data that will dramatically alter its essential and 

historical purpose and do not do justice to the spirit of the European Union's impending General 

Data Protection Regulation (GDPR). 

We write to express concern that the interim ICANN proposal removes access to even the 

most besic ofWHOIS information, which is not a reflection of the requirements of the GDPR. 

Restricting such access to WHOIS data would diminish online transparency, responsibility, and 

accountability, as well as jeopardize internet security and safety. Moreover, it would frustrate what 

ICANN itself has identified as WHOIS's most basic public policy interests, including "enhancing 

trust in the DNS, ensuring consumer protection, protecting intellectual property, combating cyber· 
93 


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crime, piracy and fraud.'' 1 Of course, it would also thwart even preliminary examinations into 

identity theft, cyber-attacks, unlawful sale of drugs, human trafficking, and other criminal behavior. 

Relying on an overly broad interpretation of the GDPR could have the perverse consequence of 

jeopardizing consumer safety and the ability of the public to identify who owns and operates 

internet domain addresses (and, by extension, who then collects user data via said domain). 

We serve on the U.S. House of Representatives Committee on Energy and Commerce, 

which regularly conducts significant oversight ofNTIA, ICANN, the domain name ecosystem, and 

the lANA transition. In 2015 the House passed the DOTCOM Act, which Mr. Shimkus authored, 

and as such we believe it is imperative that registrars and registries, together with others in the 

ICANN community, work with NTIA to ensure there is balanced progress in developing a GDPRcompliant accreditation framework that preserves accountability by allowing qualified access to 

registrant information. 

We respectfully request that you respond promptly in writing to the following: 

I. Please clarify what GDPR-related changes you have made or intend to make with respect to 

the WHOIS data you collect or receive; 

2. Please indicate whether, with the exception of registrants who are natural persons and 

confirmed residents of the EEA, you will continue to publish in a publicly accessible 

WHO IS directory all domain registrant data that your current contracts with ICANN (under 

the Registrar Accreditation Agreement or the applicable Registry Agreement) require to be 

collected and made public-even if doing so requires you to reverse changes you have 

already made or are preparing to make? and 

3. Please confirm that you are actively working in good faith with others in the ICANN 

community (such as public safety non-governmental organizations, cyber-security 

professionals, and intellectual property owners) to launch-before any WHOIS data is 

removed from public access-a GDPR-compliant accrerutation framework that allows 

qualified access to such information for legitimate purposes. 

The Hon. John Shimkus 

Member of Congress 

Sincerely, 

2'5 'tf:;?, The Hon. Raul Ruiz 

Member of Congress 

1 See JCANN's Governmental Advisory Committee (GAC) March 15 ICANN 61 communique, reflecting a formal 

consensus view of its more than 170 member countries and economies. 

2 We are aware that some of your domain name registrants currently subscribe to privacy or proxy registration services 

that mask some of their WHO IS data from unfettered public access. The inquiry we are making is without prejudice to 

the continued operation of such services in accordance with your existing ICANN contractual obligations, including the 

implementation ofiCANN policies governing the minimum tenns and conditions under which such masked data would 

be published or disclosed to qualified investigators, law enforcement, and similar requestors. 
94 


35141.057

GREG WALDEN, OREGON 

CHAinMAN 

ONE HUNDRED FIFTEENTH CONGRESS 

FRANK PALLONE, JR, NEW JERSEY 

RANKING MEMBER 

(f[ongrc~~ of tbe 'mntteb $tate~ 

1!,lou11c of l\cpre~5cntatii.Je!5 

COMMITTEE ON ENERGY AND COMMERCE 

2125 RAYBURN HousE OFFICE BuiLDING 

WASHINGTON, DC 20515-6115 

July 12,2018 

The Honorable Michael D. Gallagher 

CEO 

Entertainment Software Association 

601 Massachusetts Avenue, N.W.; Suite 300 West 

Washington, DC 20001 

Dear Me Gallagher: 

Thank you for appearing before the Subcommittee on Communications and Technology 

on Tuesday, June 26,2018, to testify at the hearing entitled "Discussion Draft: National 

Telecommunications and Information Administration Reauthorization Act of2018,'' 

Pursuant to the Rules of the Committee on Energy and Commerce, the bearing record 

remains open for ten business days to permit Members to submit additional questions for the 

record, which are attached. To facilitate the printing of the hearing record, please respond to 

these questions with a transmittal letter by the close of business on Thursday, July 26, 2018. 

Your responses should be mailed to Evan Viau, Legislative Clerk, Committee on Energy and 

Commerce, 2125 Rayburn House Office Building, Washington, DC 20515 and e-mailed to 

Evan. Viau@mail.house.gov. 

Thank you again for your time and effort preparing and delivering testimony before the 

Subcommittee. 

~~ Marsha Blackburn 

Chairman 

Subcommittee on Communications and Technology 

cc: The Honorable Michael F. Doyle, Ranking Member, Subcommittee on Communications 

and Technology 

Attachment 
95 


35141.058

entertainment• 

software 

association 

The Honorable Marsha Blackburn 

Chairman 

July 26, 2018 

Subcommittee on Communications and Technology 

Committee on Energy and Commerce 

U.S. House of Representatives 

Washington, DC 20515 

Dear Chairman Blackburn: 

It was my pleasure to appear before the Subcommittee on Communications and Technology on 

Tuesday, June 26, 2018, to testify at the hearing entitled "Discussion Draft: National 

Telecommunications and Information Administration Reauthorization Act of 2018." Attached please 

find my response to the question for the record that Rep. Peter Welch directed to me. 

Please do not hesitate to contact me if your or anyone on the committee has further questions. 

Thank you for your leadership on these important technology issues. 

Attachment 

Very truly yours, 

Michael D. Gallagher 

President and CEO 

Entertainment Software Association 

The Entertainment Software Association • 601 Massachusetts Avenue NW • Suite 300 West • Washington, DC 20001 • Tel: (202) 223-2400 
96 


35141.059

Attachment- Response to Rep. Peter Welch's Question for the Record 

Rep. Welch's Question: 

1. In this Information Age, the Internet offers endless possibilities. Unfortunately, these possibilities 

include harmful activity that impacts people all around the world. Do you believe NTIA as the 

President's principal advisor on telecommunications policies, has a role to play in helping combat 

abuse of online platforms? 

a. If yes, please specify the role and what actions the Agency should carry out in its role. 

Response of the Honorable Michael D. Gallagher: 

Thank you for the opportunity to provide the Committee with additional information for the record. 

Combatting online abuse, whatever its form, is important to fostering the full promise of the internet. 

NTIA can help combat online abuse in three key respects. First, NTIA is an important international 

advocate for preserving the Whols service, as the U.S. government representative to ICANN's 

Governmental Advisory Committee (GAC) and the lead agency on domain name policy. Who is helps 

promote transparency and curb online abuse by providing a vital function for law enforcement, 

regulators, consumers, and IP owners trying to determine the identity of site owners engaged in 

possible illegal activity. Second, NTIA can play a vital convening role, bringing together law enforcement 

--such as the FBI, Secret Service, Homeland Security Investigations, Computer Crime and Intellectual 

Property Section --and regulators who have primary enforcement responsibility, to coordinate 

responses to online abuse. Third, NTIA can use its influence internationally to promote the U.S. 

approach to combatting online abuse with international partners in the telecommunications regulatory 

sphere. 
97 


35141.060

GREG WALDEN, OREGON 

CHAIRMAN 

ONE HUNDRED FIFTEENTH CONGRESS 

FRANK PALLONE, JR., NEW JERSEY 

RANKING MEMBER 

C!!:ongress of tbe mtntteb $tates 

jf.}ou!lr of l\eprc!lrntatil.lc!l 

COMMITTEE ON ENERGY AND COMMERCE 

2125 RAYBURN HousE OFFICE BuiLDING 

WASHINGTON, DC 20515-6115 Ml.ljorily {202)22!1<.>927 

Mmonly\202)225-3641 

July 12, 2018 

The Honorable John Kneuer 

President 

JKC Consulting 

2300 M Street, N.W.; Suite 800 

Washington, DC 20037 

Dear Mr. Kneuer: 

Thank you for appearing before the Subcommittee on Communications and Technology 

on Tuesday, June 26,2018, to testify at the hearing entitled "Discussion Draft: National 

Telecommunications and Information Administration Reauthorization Act of 20 18." 

Pursuant to the Rules of the Committee on Energy and Commerce, the hearing record 

remains open for ten business days to permit Members to submit additional questions for the 

record, which are attached. To facilitate the printing of the hearing record, please respond to 

these questions with a transmittal letter by the close of business on Thursday, July 26, 2018. 

Your responses should be mailed to Evan Viau, Legislative Clerk, Committee on Energy and 

Commerce, 2125 Rayburn House Office Building, Washington, DC 20515 and e-mailed to 

Evan.Viau@mail.house.gov. 

Thank you again for your time and effort preparing and delivering testimony before the 

Subcommittee. 

Sincerely, 

~ Chairman 

Subcommittee on Communications and Technology 

cc: The Honorable Michael F. Doyle, Ranking Member, Subcommittee on Communications 

and Technology 

Attachment 
98 


35141.061

John Kneuer 

Responses to Questions for the Record 

Subcommittee on Communications and Technology 

Hearing entitled, "Discussion Draft: National Telecommunications and Information 

Administration Reauthorization Act of2018." 

June 26, 2018 

The Honorable Peter Welch 

1. In this Information Age, the Internet offers endless possibilities. Unfortunately, these 

possibilities include harmful activity that impacts people all around the world. Do you 

believe NTIA, as the President's principal advisor on telecommunications policies, has a 

role to play in helping combat abuse of online platforms? 

a. If yes, please specify the role and what actions the Agency should carry out in its 

role. 

Response: As I stated in my written and oral testimony, NTIA plays a key coordinating 

function across various Executive Branch entities with equities in domestic and 

international Internet policy. With respect to abuse of online platforms NTIA is often 

called upon to lend its expertise to domestic law enforcement and Homeland security 

agencies, as well as the Defense and National Security communities. This support can be 

informal through the inter-agency policy coordination process, or more formally through 

representation of the United States before multi-national and/or inter-governmental 

bodies. In carrying out these functions NTIA should pursue the dual objectives of 

ensuring that the Internet remains a powerful tool for the free exchange of ideas, while at 

the same time ensuring that it is not abused as a threat to law enforcement or our 

Homeland and National Security. 
99 


35141.062

GREG WALDEN, OREGON 

CHAIRMAN 

ONE HUNDRED FIFTEENTH CONGRESS 

FRANK PALLONE, JR., NEW JERSEY 

RANKING MEMBER 

<ftongress of tbc ~nttcb $tatcs 

J!}ousr of l\cprcsrntatlbrll' 

COMMITTEE ON ENERGY AND COMMERCE 

2125 RAYBURN HousE OFFICE BuiLDING 

WASHINGTON, DC 20515-6115 

Ms. Joanne S. Hovis 

President 

CTC Technology and Energy 

l 0613 Concord Street 

Kensington, MD 20895 

Dear Ms. Hovis: 

Majority 1202)225·~927 

M1nmity {?0?)225·3641 

July 12,2018 

Thank you for appearing before the Subcommittee on Communications and Technology 

on Tuesday, June 26, 2018, to testify at the hearing entitled "Discussion Draft: National 

Telecommunications and Information Administration Reauthorization Act of2018." 

Pursuant to the Rules of the Committee on Energy and Commerce, the hearing record 

remains open for ten business days to permit Members to submit additional questions for the 

record, which are attached. To facilitate the printing of the hearing record, please respond to 

these questions with a transmittal letter by the close of business on Thursday, July 26, 2018. 

Your responses should be mailed to Evan Viau, Legislative Clerk, Committee on Energy and 

Commerce, 2125 Rayburn House Office Building, Washington, DC 20515 and e-mailed to 

Evan.Viau@mail.house.gov. 

Thank you again for your time and effort preparing and delivering testimony before the 

Subcommittee. 

Sincerely, 

~ Chairman 

Subcommittee on Communications and Technology 

cc: The Honorable Michael F, Doyle, Ranking Member, Subcommittee on Communications 

and Technology 

Attachment 
100 


35141.063

August 2, 2018 

The Honorable Marsha Blackburn, Chairman 

The Honorable Michael Doyle, Ranking Member 

The Honorable Peter Welch, Member 

Subcommittee on Communications and Technology 

Committee on Energy and Commerce 

U.S. House of Representatives 

2125 Rayburn House Office Building 

Washington, D.C. 20515-6115 

Subject: Response to Mr. Welch's question regarding the potential role of NTIA in identifying and 

combating abuse of online platforms 

Dear Chairman Blackburn, Ranking Member Doyle, and Representative Welch: 

Per the request to respond to Mr. Welch's question regarding whether and how NTIA might help 

to identify and combat abuse of online platforms, I extend my thanks for the question. In my 

view, NTIA can play a crucial role in studying and documenting some of the many challenges 

presented by abuse of online platforms, based on its considerable expertise in understanding the 

governance of the internet, the commercial elements of its operation, and its criticality in 

American life. In this way, NTIA's capabilities can be leveraged to support the robust national 

debate about platform abuse that I believe is essential and that should be a priority of the 

Committee and the Congress. 

As a broadband and internet analyst for public entities, I find that the counties, cities, and states 

for whom I work are deeply concerned because they know that the broadband internet is 

increasingly essential to their communities' economic and civic life, but that abuse of platforms 

raises some of the most challenging and tricky communications issues we face as a nation. 

Among other matters, America's communities are concerned by use of platforms from within our 

own communities to abuse and harass others; and the use of platforms from outside our nation 

to create discord, sow mistrust, and subvert our institutions. 

With respect to the internal abuse issues, there is widespread concern that our reasonable 

instinct to protect victims of online abuse and resulting harassment may be challenging to 

reconcile with our long tradition of erring in the direction of protecting speech. And the 

complexities and nuances of this issue are not only manifold, but we are only now starting to 

understand their scale and scope. 
101 

Æ 


35141.064

For example, consider how the online platforms function as the equivalent of many non-digital 

spaces in all of our lives, and how differently we would treat such behavior in their non-online 

equivalents: Specifically, the online platforms serve as the modern era's town square for 

purposes of civic discourse and political engagement, and in those spaces in non-cyberspace, we 

have as a nation chosen largely to refrain from restrictions and even monitoring in order to 

protect speech. However, at the same time, the platforms also serve as other critical "spaces," 

and for many Americans, have become their workplaces, social gathering places, educational 

institutions, or community centers. The types of harassment and abuse that are rife on the 

platforms would rightly not be tolerated in the bricks-and-mortar equivalents of these online 

spaces. 

And, indeed, intentionally-destructive foreign interference in those non-cyber spaces would not 

only not be tolerated but is virtually inconceivable as a practical matter. The ubiquity and 

anonymity of the online platforms, however, makes such destructive interference not only easy 

and cheap for foreign actors, but very challenging for Americans to identify and understand. 

These difficult questions-and the fast evolution of the online platforms to become the modern 

equivalent of so many spaces in American life-require significant study, evaluation, and debate. 

This set of concerns is one that should be debated by our society and by the Congress over a 

considerable amount of time, sufficient to fully vet the critical issues raised. And any long-term 

role assigned for NTIA should be part of a broader understanding of how to guard against abuse, 

dangers, harassment, and foreign incursion on the platforms while protecting speech and our 

national interest. In the meantime, NTIA can play a valuable role in studying and documenting 

some of these challenges. 

I hope that you and your colleagues will embark on a comprehensive analysis of this set of issues 

in the interests of public discourse and broad engagement on the topic. 

Many thanks for your consideration. 

Sincerely, 

Joanne S. Hovis 

President