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GOOD MORNING I'M HAPPY TO CALL THE MEETING OF THE FCC TO ORDER.
MADAM SECRETARY PLEASE INTRODUCE OUR AGENDA FOR THIS MORNING.
THANK YOU MR. CHAIRMAN. GOOD MORNING TO YOU AND GOOD MORNING COMMISSIONERS.
TODAY'S AGENDA INCLUDES ONE ITEM FOR YOUR CONSIDERATION.
YOU WILL CONSIDER A REPORT AND ORDER THAT PROTECTS CONSUMERS BY IMPLEMENTING THE COMMERCIAL
ADVERTISEMENT LOUDNESS MITIGATION ACT OR CALM ACT TO PREVENT DIGITAL TELEVISION COMMERCIAL
ADVERTISEMENTS FROM BEING TRANSMITTED AT LOUDER VOLUMES THAN THE PROGRAM MATERIAL THEY ACCOMPANY.
THIS IS YOUR AGENDA FOR TODAY. TODAY'S ITEM WILL BE PRESENTED BY THE MEDIA
BUREAU. WILLIAM LAKE CHIEF OF THE BUREAU WILL GIVE
THE INTRODUCTION. TERRIFIC.
MR. LAKE WHENEVER YOU ARE READY. TODAY THAT MEDIA BUREAU PRESENTS AN ITEM THAT
WILL PROTECT VIEWERS I ENSURING THE COMMERCIAL ADVERTISEMENTS ON TELEVISION WILL BE NO LATTER
THAN THE PROGRAMMING THEY ACCOMPANY. THIS ORDER IMPLEMENTS THE COMMERCIAL ADVERTISEMENT
LOUDNESS MITIGATION ACT KNOWN AS THE CALM ACT.
THE CALM ACT IS ENACTED INTO LAW ON DECEMBER 15, 2010 IN RESPONSE TO VIEWER COMPLAINTS
ABOUT LOUD COMMERCIALS WHICH THE COMMISSION HAS BEEN RECEIVING ALMOST AS LONG AS COMMERCIAL
TELEVISION HAS EXISTED. THE COMMISSION HAS NOT REGULATED THE LOUDNESS
OF COMMERCIALS IN THE PAST PARTLY BECAUSE OF THE TECHNICAL LIMITATIONS OF ANALOG TELEVISION.
DIGITAL TV TECHNOLOGY HOWEVER, MAKES IT NOW FEASIBLE TO MANAGE LOUDNESS AND CONGRESS HAS
DIRECTED THE COMMISSION TO TAKE THIS OPPORTUNITY TO ADDRESS THESE PERSISTENT VIEWER COMPLAINTS.
JOINING ME AT THE TABLE THIS MORNING ARE ELOISE GORE OF THE ENFORCEMENT BUREAU'S FRONT OFFICE
MARY BETH MURPHY AND LYLE ELDER OF THE MEDIA BUREAU'S POLICY DIVISION AND SHABNAM JAVID
OF THE ENGINEERING DIVISION. LYLE WILL PRESENT THE ITEM.
I AM PLEASED TO PRESENT THIS REPORT AND ORDER IN THE CALM ACT PROCEEDING.
THE CALM ACT DIRECTS THE COMMISSION TO INCORPORATE BY REFERENCE A RECOMMENDED PRACTICE ESTABLISHED
BY THE ATF SEEK A PRIVATE DIGITAL TELEVISION STANDARD BODY AND IT INCORPORATES AND MAKES
IT MANDATORY ON ALL COMMERCIAL ADVERTISERS TRIM IT BY TV BROADCASTERS.
TO ADDRESS THE PROBLEM OF COMMERCIAL LOUDNESS THE ORDER REQUIRES THAT ALL STATIONS COMPLIED
BOTH AS TO COMMERCIAL THE LOCALLY INSERT AND AS TO ALREADY EMBEDDED COMMERCIALS THEY PASS
THROUGH AS PART OF PROGRAMMING PROVIDED FROM THE NETWORK OR PROGRAMMER.
UNDER THE ORDER THE ENFORCEMENT BUREAU WILL NOTIFY STATIONS OF POTENTIAL NONCOMPLIANCE
IF IT RECEIVES A PATTERN OR TREND OF CONSUMER COMPLAINTS BECAUSE RETROACTIVELY DEMONSTRATING
COMPLIANCE MAY BE DIFFICULT THE ORDER PROVIDES TWO METHODS BY WITH THEY MAY MORE EASILY DEMONSTRATE
ONGOING COMPLIANCE. WITH RESPECT TO LOCALLY INSERTED COMMERCIALS
STATIONS AND MVPDS THAT DEMONSTRATE THEY INSTALL, UTILIZE AND MAINTAIN EQUIPMENT AND SOFTWARE
IN A COMMERCIALLY REASONABLE MANNER WILL BE DEEMED IN COMPLIANCE WITH THE RULES.
WITH RESPECT TO EMBEDDED COMMERCIALS THE ORDER PROVIDES AN ALTERNATIVE SAFE HARBOR APPROACH
THAT COMBINES APPROACHES. ALL STATIONS AND MVPDS WILL BE IN THE SAFE
HARBOR FOR COMMERCIALS EMBEDDED IN PROGRAMMING IF THE PROGRAM PROVIDER HAS CERTIFIED THAT
ITS PROGRAMMING COMPLIES WITH THE PRACTICE OF STATION OR MVPDS HAS A REASON TO BELIEVE
THAT CERTIFICATION IS INCORRECT AND THE STATION OR MVPD CERTIFIES THE COMPLIANCE OF ITS OWN
EQUIPMENT. TO PROMOTE A LEVEL PLAYING FIELD A CERTIFIED
PROGRAMMING IT MUST MAKE ITS CERTIFICATION AVAILABLE TO ALL DISTRIBUTORS TO BE IN THE
SAFE HARBOR WITH REGARD TO COMMERCIALS AND NONCERTIFIED PROGRAMMING LARGER STATIONS AND
MVPD (PH) MUST PERFORM ANNUAL 24 HOUR SPOT CHECKS OF CHANNELS CARRYING NONCERTIFIED PROGRAMMING.
LARGE BROADCAST STATIONS, THOSE WITH MORE THAN $14 MILLION IN ANNUAL RECEIPTS AND THE
TOP OR MVPD (PH), THOSE WITH 10 MILLION OR MORE SUBSCRIBERS MUST SPOT CHECK 100 PERCENT
OF NONCERTIFIED PROGRAMMING. MVPD (PH) WITH FEWER THAN 10 MILLION BUT MORE
THAN 400,000 SUBSCRIBERS, THESE ARE THE FIFTH THROUGH 15TH LARGEST MVPD (PH) MUCH SPY TECH
15 PERCENT OF NONCERTIFIED PROGRAMMING. THIS WILL INCREASE THE LIKELIHOOD THAT AT
LEAST ONE MVPD (PH) IS WATCHING ALL COMMERCIAL PROGRAMMING INCLUDING REGIONAL OR OTHER PROGRAMMING
NOT CARRIED BY ONE OF THE TOP FOR MVPD (PH). THIS APPROACH WILL ALSO ENSURE THAT NATIONAL
PROGRAMMING IS BY CHECK ON MULTIPLE DAYS OVER THE COURSE OF THE YEAR.
ONCE A LARGER STATION OR MVPD (PH) HAS PERFORMED TWO YEARS OF SPOT CHECKS ON ITS NONCERTIFIED
PROGRAMMING AND FOUND NO EVIDENCE OF NONCOMPLIANCE IT MAY STOP PERFORMING ANNUAL SPOT CHECKS
AND REMAIN IN THE SAFE HARBOR. SMALLER STATIONS AND MVPD (PH) ARE EXCUSED
FROM ANNUAL SPOT CHECKS. IF NOTIFIED BY THE ENFORCEMENT BUREAU OF A
PATTERN OR TREND OF CONSUMER COMPLAINTS A STATION OR MVPD (PH) MUST PERFORM A 24 HOUR
SPOT CHECK OF THE CHANNEL AT ISSUE. THIS REQUIREMENT APPLIES TO ALL STATIONS AND
MVPD (PH) REGARDLESS OF SIZE AND APPLIES TO BOTH CERTIFIED AND NONCERTIFIED PROGRAMMING.
HOWEVER, IF COMPLAINTS IMPLICATE THOSE LARGE AND SMALL STATIONS OR MVPD (PH) THE BUREAU
WOULD GENERALLY FOCUS ENFORCEMENT INQUIRIES FIRST ON THE LARGER ENTITIES.
SPOT CHECKS WHETHER ANNUAL OR IN RESPONSE TO A PATTERN OR TREND OF COMPLAINTS WILL REQUIRE
FURTHER ACTION ONLY IF THEY INDICATE NONCOMPLIANCE BY THE PROGRAMMER.
IN THAT CASE THE STATION OR MVPD (PH) MUST NOTIFY THE COMMISSION AND THE PROGRAMMER WITHIN
SEVEN DAYS AND CONDUCT A FOLLOW UP SPOTCHECK WITHIN 30 DAYS.
IF THAT FOLLOW UP SPOTCHECK REVEALS NONCOMPLIANCE THE STATION OR MVPD (PH) WILL NOT BE IN THE
SAFE HARBOR FOR THAT PROGRAMMING AND WILL BE LIABLE FOR FUTURE VIOLATIONS.
AS REQUIRED BY THE CALM ACT THE RULES CONTAINED IN THIS ORDER WILL GO INTO EFFECT ONE YEAR
AFTER THEIR ADOPTION OR DECEMBER 132012. THIS ADDITIONAL GEAR AFFORDS STATIONS AND
MVPD (PH) AMPLE TIME TO PREPARE FOR COMPLIANCE AND GIVES PROGRAMMERS THE OPPORTUNITY TO PROVIDE
THE CERTIFICATIONS FOR THEIR PROGRAMMING THAT WILL MAKE THE PROCESS RUN MORE SMOOTHLY FOR
THE BENEFIT OF BOTH CONSUMERS AND VIDEO PROVIDERS. THE MEDIA BUREAU RECOMMENDS A CONDITION I
DOUBT THE REPORT AND ORDER AND RECOMMENDS EDITORIAL PRIVILEGES.
THANK YOU. THANK YOU VERY MUCH.
LET'S HEAR COMMENTS FROM THE BENCH. COMMISSIONER COPPS.
THANK YOU MR. CHAIRMAN. THIS IS AN IMPORTANT DAY FOR CONSUMER PROTECTION.
I CANNOT TELL YOU HOW MANY HUNDREDS OF CITIZENS HAVE TOLD ME PERSONALLY THROUGH E MAILS AND
LETTERS AND PUBLIC HEARINGS AND EVEN ACROSS THE FAMILY DINNER TABLE HOW OBNOXIOUSLY INTRUSIVE
THEY FOUND LOUD COMMERCIALS. SO THE WHY.
AND I AM THEREFORE, DELIGHTED THIS PROCEEDING MADE IT ONTO OUR AGENDA BEFORE I DEPART THE
COMMISSION. OF COURSE, WE WOULD NOT BE HERE TODAY WITHOUT
THE LEADERSHIP OF CONGRESSWOMAN ANNA WHO SPEARHEADED THIS EFFORT IN CONGRESS.
ALWAYS AN INSPIRATION THE REPRESENTATIVE INTRODUCE THE LEGISLATION THAT MADE TODAY POSSIBLE AND
SHEPHERDED IT THROUGH TO ENACTMENT. ONCE AGAIN SHE DELIVERS FOR AMERICAN CONSUMERS.
HER COLLEAGUE ON THE OTHER SIDE OF THE CAPITOL WHITESTONE DID AN OUTSTANDING JOB OF NAVIGATING
THIS TO THE SENATE. I AM PROUD TO SAY THE AGENCY HAS TACKLED SO
MANY CONSUMER PROTECTION ISSUES UNDER CHAIRMAN GENACHOWSKI'S LEADERSHIP AND I'M CONFIDENT
MORE ARE ON THE WAY. IT'S A VERY DEFINITIVE NEXUS BETWEEN THE ACTIONS
TAKEN IN THIS ROOM AND OUR BUREAUS WITH THE EVERYDAY LIVES OF AMERICANS.
THIS IS AT THE HEART OF WHAT THE PUBLIC INTEREST IS ALL ABOUT.
AND ONE MORE TIME I WANT US TO REMEMBER THAT TERM PUBLIC INTEREST APPEARS BY MY COUNT 112
TIMES IN OUR GOVERNING STATUTE AND THIS ITEM REFLECTS THAT.
I WANT TO BE SURE THAT THE SPIRIT AND LETTER OF THE NEW LAW ARE FULLY IMPLEMENTED BY THE
COMMISSION. THE PURPOSE OF THE ACT WAS TO GET RID OF LOUD
COMMERCIALS PERIOD. I REALIZE THAT'S THE PROGRAM PRODUCTION CHAIN
IS A LONG ONE AND NOT EVERY LINK IN THAT CHAIN IS UNDER FCC PURVIEW BUT THAT JUST MEANS WE
HAVE TO WORK ALL THE HARDER TO MAKE SURE THAT CONSUMERS RECEIVE THE PROTECTIONS ENVISIONED
IN THIS LAW. I ALSO REALIZE THAT SOMETIMES WHAT PEOPLE
THINK IS AN EASY FIX DOES NOT TURN OUT THAT WAY.
FOR EXAMPLE, TECHNICAL QUESTIONS REGARDING LOCALLY INSERTED COMMERCIALS VERSUS PASSING
THROUGH COMMERCIALS THAT ARE INSERTED UPSTREAM MADE FOR SOME VERY COMPLICATED DISCUSSIONS
BUT THE BUREAU WORKED DECIDUOUS REALLY AND IN THE SPIRIT OF THE ACT THROUGHOUT THE PROCESS.
WELL I MIGHT NOT HAVE MADE EVERY CALL THE IDENTICAL WAY I BELIEVE THE ITEM BEFORE US
PROVIDES AN APPROPRIATE BALANCE AS REQUIRED BY STATUTE OF GIVING SOME MEASURE OF FLEXIBILITY
TO THE SMALLEST PROVIDERS EVEN WHILE PROVIDING THE NECESSARY HAVE TO DRIVE ALL PARTIES TO
WORKABLE AND IMPLEMENTABLE SOLUTIONS. AND I'M CONFIDENT THE COMMERCIALS WILL BE
MONITORING IMPLEMENTATION EACH AND EVERY STEP OF THE WAY AND WILL MAKE ANY ADJUSTMENTS THAT
ARE CALLED FOR TO ENSURE THAT CONSUMERS GET WHAT THE LEGISLATION INTENDED THEM TO GET.
I WANT TO RECOGNIZE AND THANK THE NUMEROUS INDUSTRY INTEREST FOR STEPPING UP TO THE PLATE
AND WORKING WITH US TO FIND WORKABLE SOLUTIONS. I.T. AIN'T EVERYONE WHO LANDED A HAND AND
CONTRIBUTED TO THE RECORD AND PUT A SHOULDER TO THE WHEEL TO HELP FASHION THE ITEM BEFORE
US. AS PART OF THE IMPLEMENTATION GOING FORWARD
WE WILL NEED CONSUMERS TO PROVIDE THE FCC WITH FEEDBACK AND TO INFORM US IF THEY HEAR
AND I LITERALLY MEAN HERE ANY PROBLEM. THE COMPLAINT PROCESS PUTS HEAVY EMPHASIS
ON CONSUMER COMPLAINTS TO MONITOR WHERE INSTANCES OF OVERLY LOUD COMMERCIALS MAY STILL EXIST.
ABOVE ALL THANKS TO THE BUREAU FOR WORKING THROUGH THIS VERY IMPORTANT BUT ALSO VERY
DEMANDING PROCEEDING. I APPRECIATE THE HARD WORK OF ALL AND I WANT
TO ESPECIALLY RECOGNIZE THE CONTRIBUTION OF THE EVER INDEFATIGABLE ELOISE GORE AND LYLE
ELDER AND EVERYONE ELSE IN THE BUREAU. THANK YOU TO MY COLLEAGUES FOR THEIR INPUT
AND TO THE CHAIRMAN FOR MAKING SURE WE GOT THIS BOTH DONE IN TIME AND CREDITABLY.
I'M PLEASED TO SUPPORT THE ITEM. THANK YOU.
THANK YOU. COMMISSIONER MCDOWELL.
THANK YOU MR. CHAIRMAN. TODAY WE HAVE THE CALM ACT.
[LAUGHING] I WILL TRY AND KEEP IT DOWN.
FROM THIS POINT FORWARD TV COMMERCIALS SUCH AS THOSE FOR OXLEY CLEAN, SHAM WOW, HEAD ON
AND THE LIKE WILL NEVER BE THE SAME. [LAUGHING]
FAMILY ROOMS ACROSS AMERICA MIGHT BE A LITTLE LESS NOISY AS A RESULT OF OUR IMPLEMENTATION
OF CONGRESSES WILL. DIRECTLY ELECTED REPRESENTATIVES OF THE AMERICAN
PEOPLE HAVE MANDATED THAT THE FCC MUFFLED THE SUDDEN VOLUME INCREASES OF TV COMMERCIALS
AND TODAY WE ARE GIVING THAT ENDEAVOR OUR BEST SHOT AT THIS REACHING FOR OUR CONTROL
VOLUME BUTTONS. I'M GENERALLY SUPPORTIVE OF OUR EFFORTS TODAY
AS YOU MAY HAVE GUESSED I HAVE SOME RESERVATIONS THAT A FEW OF THE RULES WE ARE ADOPTING I
AM CONCERNED CONGRESS MAY NOT HAVE GIVEN US THE AUTHORITY TO TAKE SOME OF THESE ACTIONS
AND WHEN ADDRESSING PROMOTIONAL ANNOUNCEMENTS WE MAY NOT BE FAITHFULLY EXECUTING THE LETTER
OF THE STATUTE. THE HISTORY OF THE CALM ACT STRESSES THE OVERALL
OBJECTIVE OF PROHIBITING DISRUPTIVE AND INTRUSIVE LOUD ADVERTISING THAT ARE AN ANNOYANCE TO
THE CONSUMER. I AM SURE WHETHER WE ARE GETTING I'M UNSURE
AS TO WHETHER WE ARE GETTING THE INTENT RIGHT, BUT I REMAIN HOPEFUL.
MANY THANKS TO MY COLLEAGUES FOR TAKING SPECIFIC MEASURES TO REDUCE THE BURDEN ON STATIONS
AND MVPD (PH) SUCH AS ADOPTING THESE MEASURES USING PROGRAMMER CERTIFICATION TO ESTABLISH
COMPLIANCE FOR EMBEDDED COMMERCIALS. PROVIDING FOR THE SUNSET OF THE ANNUAL SPOT
CHECKS ON NONCERTIFIED PROGRAMMING. AND LESSENING THE EFFECTS ON SMALL OPERATORS
BY REQUIRING THEM TO MONITOR THE VOLUMES OF COMMERCIALS ONLY IF THERE IS A PATTERN OF
COMPLAINTS SPECIFIC TO THEIR PARTICULAR STATIONS OR SYSTEMS.
I AM ALSO APPRECIATIVE THAT CONGRESS PROVIDED THE COMMISSION WITH THE ABILITY TO PROVIDE
FINANCIAL HARDSHIP WAIVERS AND RECOGNIZED OUR GENERAL AUTHORITY TO WAIVE OUR RULES FOR
GOOD CAUSE. I'M HOPEFUL SUCH WAIVERS WILL BE PROVIDED
TO ALLEVIATE BURDENS ON BROADCAST STATIONS AND MVPD (PH) IF OUR RULES CAUSE UNINTENDED
CONSEQUENCES. I THANK YOU THE CHAIRMAN AND OUR COLLEAGUES
FOR THEIR WILLINGNESS TO INCORPORATE MY EDITS. I APPLAUD THE ENFORCEMENT BUREAUS FOR THEIR
DEDICATION AND THOUGHTFUL HARD WORK ON ALL THIS.
IT IS REALLY A CONSULTATIVE MANNER BELIEVE IT OR NOT.
SO THANK YOU VERY MUCH. THANK YOU.
COMMISSIONER CLYBOURN. I DON'T OFTEN QUOTE MY COLLEAGUES FROM THE
BENCH BUT TODAY I PROUDLY EMBRACE LINES I HAVE MURDERED MANY TIME FROM THE DISTINGUISHED
GENTLEMAN FROM VIRGINIA IN STATING THAT AS A COMMISSIONER I DON'T TELL CONGRESS WHAT
TO DO, CONGRESS TELLS ME WHAT TO DO. AND IN THAT VEIN WE MOVE FORWARD WITH AN ORDER
WHICH WILL GREATLY IMPROVE THE PARITY OF VOLUME LEVELS AND COMMERCIALS TO THAT OF THE PROGRAM
THEY ACCOMPANY. FOR FAR TOO LONG TV VIEWERS EITHER FRANTICALLY
REACHED FOR THE REMOTE TO ADJUST THE VOLUME WHEN THE COMMERCIALS BEGAN OR ENDURED WHAT
SOMETIMES WERE FRIGHTENING DECIBEL LEVELS THAT RESULTED IN CONSIDERABLE ALARM, ANGER
AND SPILLED POPCORN. CONGRESS HEARD THE CRIES OF THE TV WATCHING
PUBLIC AND CONSTRUCTED A BILL TO ADDRESS THIS CONCERN.
CONGRESSWOMAN ANNA ESHOO WHO NOTES THAT THE ISSUE OF LOUD COMMERCIALS HAS BEEN A TOP CONSUMER
COMPLAINT FOR MOST 50 YEARS OFFERED A BILL THAT PASSED THE HOUSE VOTE MEANING A ROLL
CALL VOLT WAS NOT EVEN NECESSARY. THE SENATE FOLLOWED A SIMILAR PATH PASSING
THE BILL BY UNANIMOUS CONSENT. SHE WENT ON TO PROCLAIM THAT THE CALM ACT
GIVES US CONTROL OF SOUND BACK TO THE CONSUMER WHERE IT BELONGS AND I ABSOLUTELY AGREE.
IN CRAFTING AN ITEM THAT ADHERES TO THE BILL CONGRESS PASSED WE HAD TO TRY OUR BEST TO
ACHIEVE BALANCE AND NOT OVERLY BURDENED THE INDUSTRY WITH NEW REQUIREMENTS THAT WOULD
ADVERSELY HARM SMALLER OPERATORS BY ADDING ONEROUS NEW EXPENSES.
AS I MENTIONED, WHEN I BEGAN SPEAKING WE DO AS CONGRESS INSTRUCTS US, BUT HOPEFULLY WITH
A GLOW STICK AND NOT A FLAMETHROWER. [LAUGHING]
THE MEDIA BUREAU STAFF INCLUDING OUR ENGINEERS WORKED TIRELESSLY TO GUIDE US THROUGH THIS
RULEMAKING WHILE CONSULTING WITH THE INDUSTRY. WE DID ALL WE COULD TO MINIMIZE THE BURDENS
ON OPERATORS BOTH LARGE AND SMALL WHILE AT THE SAME TIME MAINTAINING THE BROAD COVERAGE
THAT CONGRESS SPECIFIED WITH REGARD TO TECHNOLOGY PARAMETERS.
FURTHER WE NEEDED TO PUT INTO PLACE AN ENFORCEMENT MECHANISM TO ADDRESS FUTURE PROBLEMS AS THEY
ARISE AND TO CONTINUE TO FIELD COMPLAINTS FROM THE PUBLIC.
CONGRESS CHOSE THE RECOMMENDED PRACTICE WHICH THE INDUSTRY CREATED AS A COMMISSION INC.
FROM THIS POINT FORWARD. MAKING THAT MANDATORY WILL ADD CERTAINTY TO
THE BUSINESS PLANNING OF STATIONS, CABLE OPERATORS AND OTHER MVPD (PH) NATIONWIDE JUST AS CONGRESS
INTENDED. SAFE HARBOR AND COMPLIANCE PROVISIONS INCLUDING
CERTIFICATIONS, SPOT CHECKS AND REQUEST WILL SERVE TO MAINTAIN THE BALANCE SOUGHT BY CONGRESS
AND THE FCC AND NOT BURDENING INDUSTRY. THE ITEM DEMONSTRATES THE HANDLING OF INTEREST
THAT COULD POTENTIALLY COLLIDE WHEN CONGRESS AND AGENCY INDUSTRY PLAYERS AND CONSUMERS
INTERSECT. ALL 4 CAN BE AND OFTEN ARE FILLED WITH PASSION
FOR THERE STAKE IN WHAT IS BEING CONSIDERED IN FINDING COMMON GROUND CAN BE ELUSIVE.
BUT I BELIEVE WE HAVE DONE THAT TODAY IN A WAY THAT SATISFIES ALL OF THE PARTIES INVOLVED.
CONSUMERS CRIED OUT CONGRESS HEARD THEM AND THE FCC WORKED WITH AN AFFECTED INDUSTRIES
AND CONSUMER REPRESENTATIVES TO ADDRESS THE CONCERNS.
THIS IS AN EXAMPLE OF GOVERNMENT RECEPTIVENESS AND EFFICIENCY AND I AND THE AMERICAN PUBLIC
SHOULD TAKE GREAT COMFORT IN IT. I WANT TO THANK LYLE ELDER, EVAN, ALLISON,
AND THE OFTEN IMITATED BUT NEVER DUPLICATED ELOISE GORE.
THIS ITEM IS A RESULT OF YOUR HARD WORK AND DEDICATION AND I THANK YOU FOR IT.
THANK YOU COMMISSIONER CLYBOURN. THIS IS AN ISSUE THAT PEOPLE CARE ABOUT, CONSUMERS
CARE ABOUT, THE CONSUMER I LISTEN TO THE MOST, MY WIFE.
AND FOUR YEARS WONDERED WHEN THEY WERE GOING TO DO SOMETHING ABOUT THIS.
WAS VERY PLEASED TO SEE CONGRESS ACT AND VERY PLEASED TO HEAR WE ARE IMPLEMENTING THIS TODAY.
WE HAVE RECEIVED THOUSANDS OF COMPLAINTS ABOUT TV COMMERCIALS THAT COME ON MUCH LOUDER THAN
THE PROGRAMMING AROUND IT. CONSUMERS UNION IN THEIR LAST 25 QUARTERLY
REPORTS, 21 OF THEM HAVE IDENTIFIED LOUD TV COMMERCIALS AS A CONSUMER OR EVENTS AND SO
TODAY I AM PLEASED THAT THE COMMISSION IS IMPLEMENTING THE CALM ACT.
THE RULE THAT WE ADOPT IS STRAIGHTFORWARD. TV PROVIDERS MUST ENSURE THE AVERAGE LOUDNESS
OF COMMERCIALS WILL BE NO HIGHER THAN THE AVERAGE VOLUME OF THE PROGRAMMING THEY ACCOMPANY.
SO THE BOTTOM LINE TODAY THE FCC IS QUIETING A PERSISTENT PROBLEM OF THE TV AGE, LOUD COMMERCIALS.
I WANT TO ACKNOWLEDGE AND THANK CONGRESSWOMAN ESHOO FOR HER PERSISTENCE AND LEADERSHIP ON
THIS ISSUE. CHAIRMAN ROCKEFELLER AND SENATOR WHITEHOUSE.
ALSO I WANT TO ACKNOWLEDGE AND THANK AND LET ME THANK THE STAFF PARTICULARLY AT THE MEDIA
BUREAU, ALL OF THE STAFF MEMBERS UP HERE FOR WORKING *** THIS TO MAKE SURE THAT WE
GET THIS RIGHT, THAT WE DO THIS IN A THOUGHTFUL WAY THAT TAKES INTO ACCOUNT SOME OF THE CHALLENGING
ENGINEERING ISSUES AND SOME OF THE UNIQUE ISSUES FACED BY SMALLER BROADCASTERS.
SO WITH TODAY'S VOTE I AM PLEASED THAT WE ARE ABLE TO ELIMINATE SOMETHING THAT MILLIONS
OF CONSUMERS PERCEIVE AS A PERVASIVE AND ANNOYING PROBLEM.
WITH THAT LET'S PROCEED TO A VOTE. ALL IN FAVOR SAY AYE.
ANY OPPOSED? AND A VOLUME WILL DO.
SO ORDERED. THE REQUEST IS GRANTED AND BACK TO OUR REGULAR
SCHEDULED PROGRAMMING. [LAUGHING]
THANK YOU VERY MUCH. THAT IS THE ONLY VOTABLE ITEM ON OUR AGENDA
TODAY. IT WILL MAKE IT IMPORTANT DAY BUT TODAY IS
SIGNIFICANT FOR A NUMBER VERY IMPORTANT REASON. IN FACT, THE FINAL PIECE OF THE COMMISSION'S
AGENDA TODAY IS A BITTERSWEET ONE. AFTER TEN YEARS OF SERVICE HERE AT THE COMMISSION
AND WELL OVER 100 COMMISSION MEETINGS, TODAY IS COMMISSIONER MIKE COPPS LAST OPEN MEETING.
IN A MOMENT I WOULD LIKE TO GIVE MY COLLEAGUE THE CHANCE TO RECOGNIZE COMMISSIONER COPPS
IN HIS EXTRAORDINARY CAREER IN GOVERNMENT BUT FIRST LET ME SAY A FEW WORDS TO EXPRESS
MY OWN APPRECIATION FOR MIKE COPPS IS A COLLEAGUE AND A FRIEND.
AS MANY OF YOU MAY KNOW COMMISSIONER COPPS CAME TO WASHINGTON IN 19702 SERVE AS A SPECIAL
ASSISTANT TO SENATOR ***. MY COPPS AT THE TIME WAS AN ASSISTANT PROFESSOR
AT LOYOLA UNIVERSITY AND NOR ARE THEY AND THEN HE JUST EARNED HIS PH.D IN AMERICAN HISTORY
FROM THE UNIVERSITY OF NORTH CAROLINA. MIKE COPPS EXPECTED TO STAY IN WASHINGTON
FOR A COUPLE OF YEARS TO WORK AN INTERESTING GOVERNMENT OUT OF HIS SYSTEM AND THEN RETURNED
TO THE ACADEMIC LIFE. 41 YEARS LATER HERE WE ARE.
THE ACADEMY'S LOSS HAS BEEN THE GOVERNMENT'S GREAT GAME.
THOSE OF US HERE TODAY FOCUSED ON MIKE COPPS TEN YEARS AT THE COMMISSION, THAT'S ONLY ONE
QUARTER OF MIKE COPPS AND CREDIBLE CAREER IN PUBLIC SERVICE.
HE SERVED SENATOR HOLLINGS DURING THE 70s AND '80s, MOST OF THAT TIME AS THE CHIEF OF
STAFF. THOSE OF US THAT HAVE BEEN IN THIS SPACE REMEMBER
SENATOR HOLLINGS VERY WELL AND REMEMBER THE EXTRAORDINARY WORK HE DID IN THIS SPACE AND
HAVING NOW WORKED WITH MIKE COPPS WE UNDERSTAND A LOT MORE ABOUT HOW SENATOR HOLLINGS WAS
ABLE TO GET DONE AS MUCH AS HE GOT DONE. DURING THE ADMINISTRATION OF PRESIDENT CLINTON
MIKE COPPS SERVED IN THE COMMERCE DEPARTMENT AS AN ASSISTANT SECRETARY DEALING WITH TRADE,
INTERNATIONAL ISSUES AND MAKING A REAL CONTRIBUTION TO PUBLIC SERVICE THEN BUT ALSO BROADENING
HIS BACKGROUND AND EXPERIENCE AT MAKING HIM AN EVEN MORE VALUABLE MEMBER OF THE COMMISSION
ONCE HE CAME HERE. AND THEN FOR THE PAST TEN YEARS OF MIKE COPPS
HAS SERVED WITH GREAT DISTINCTION AT THE FCC. THERE ARE MANY THINGS TO ADMIRE ABOUT COMMISSIONER
COPPS. I HAVE HAD THE GOOD FORTUNE TO MENTION SOME
OF THEM AND THE PAST REMARKS AND WE WILL ALL HAVE OTHER OCCASIONS TO SAY MORE ABOUT COMMISSIONER
COPPS AND CREDIBLE CONTRIBUTIONS. LET ME JUST HIGHLIGHT A COUPLE OF THINGS HERE
TODAY. FIRST I WANT TO ACKNOWLEDGE COMMISSIONER COPPS
DEEP AND ABIDING COMMITMENT TO PUBLIC SERVICE. THIS IS APPARENT OF COURSE FROM HIS OWN LIFE
AND CAREER CHOICES. THOSE OF US WOULD'VE BEEN PRIVILEGED TO WORK
CLOSELY WITH MIKE COPPS IT'S ALSO BEEN APPARENT EACH AND EVERY DAY IN THE EXAMPLES HE HAS
SET FOR US ALL. THE QUESTIONS HE ASKS EVERY DAY, WITH EVERY
DECISION, ISSUED BEFORE HIM BIG OR SMALL THE FIRST AND LAST QUESTION HAS ALWAYS BEEN HOW
WILL THIS AFFECT AMERICANS YOUNG AND OLD, URBAN AND RURAL, FORTUNATE OR LESS FORTUNATE,
DISABLED OR NOT. THESE ARE OF COURSE, THE QUESTIONS THAT REALLY
MATTER AND IT'S A GREAT PRIVILEGE AND A GREAT LESSON TO SERVE ALONGSIDE A PUBLIC SERVANT
WITH SUCH A FIERCE AND UNWAVERING COMMITMENT TO THE PUBLIC AND THE PUBLIC INTEREST.
AS ACTING CHAIRMAN, MIKE COPPS WAS EXCEPTIONAL STEWARD OF THE AGENCY DURING AN IMPORTANT
TIME. OF PARTICULAR IMPORTANCE DURING THAT PERIOD
WAS THE DTV TRANSITION AND THE UNPRECEDENTED CHANGEOVER THAT WOULD AFFECT THE ENTIRE COUNTRY,
ALL TV VIEWERS, NOT A SIMPLE THING. COMMISSIONER COPPS STEPPED INTO THE ROLE OF
ACTING CHAIRMAN JUST ONE MONTH BEFORE THE SWITCHOVER WAS SCHEDULED, WORKED VERY CLOSELY
WITH HIS TWO COLLEAGUES WHO ARE HERE AT THE TIME COMMISSIONER MCDOWELL AND COMMISSIONER
EDELSTEIN ANOTHER AND OVERSAW A DTV TRANSITION TO VIRTUALLY ALL AMERICANS WAS SEAMLESS.
ONE OF THE GREAT ACCOMPLISHMENTS SOMETIMES IN GOVERNMENT IS TO DO THINGS THAT DON'T GENERATE
A LOT OF CONTROVERSY AND A LOT OF ATTENTION AND THE FACT THAT THAT TRANSITION WENT AS
SMOOTHLY AS IT DID AND GENERATED MUCH LESS IN THE WAY OF DISCUSSION THAN IT MIGHT HAVE
IS A TRIBUTE TO MIKE COPPS AS ACTING CHAIRMAN AND HIS COLLEAGUES ON THE COMMISSION AT THAT
TIME. IN THIS SETTING I CERTAINLY WANT TO RECOGNIZE
THE ELOQUENCE OF COMMISSIONER COPPS PUBLIC STATEMENTS AS SOMEONE WHO APPRECIATES GREAT
WRITING AND GREAT SPEAKING I WANT TO TAKE PARTICULAR NOTE OF THAT.
OF COURSE, IT IS ALWAYS A CHALLENGE TO FOLLOW AS I GENERALLY DO MIKE COPPS IN THESE MEETINGS
AND I SIT HERE VERY OFTEN THINKING THAT'S EXACTLY THE RIGHT WAY.
TO MAKE THAT POINT. BUT IT REALLY REFLECTS I THINK IS NOT SIMPLY
A MATTER OF STYLE AND ELEGANCE BUT REFLECTS PASSION AND VISION AND COMMISSIONER COPPS
WRITTEN STATEMENTS AND SPEECHES REFLECT THAT, THAT IS WHY THEY ARE SO POWERFUL.
I WANT TO RECOGNIZE MIKE COPPS ROLE AS A MENTOR TO MANY LEADERS IN OUR COMMUNITY.
MANY MEMBERS OF COMMISSIONER COPPS PERSONAL STAFF ARE HERE TODAY.
WE HAD A WONDERFUL CEREMONY THIS MORNING UNVEILING COMMISSIONER COPPS PORTRAIT WHICH NOW HANGS
RIGHT OUTSIDE THE COMMISSION MEETING ROOM. A VERY HIGH NUMBER OF FORMER COMMISSIONERS
AND CHAIRMAN CAME BY TO PAY TRIBUTE TO MIKE COPPS WHICH ALSO SPEAKS ITEMS ABOUT HIS EXTRAORDINARY
CAREER AND IN THE EXTRAORDINARY CAREERS OF HIS FORMER STAFF MEMBERS AND OTHERS AT THE
COMMISSION AND COMMISSIONER COPPS ENGAGE WITH OVER THE LAST TEN YEARS ONE OF THE WAYS WE
WILL SEE THE WORK OF MIKE COPPS CONTINUE. WE SEE IT EVERY DAY AND OF COURSE IT IS A
WONDERFUL THING THAT THE PERSON WHO HAS BEEN NOMINATED TO FILL MIKE'S COPPS SEAT AT THE
COMMISSION IS A FORMER STAFFER OF MIKE COPPS, JESSICA.
THREE YEARS OUT COMMISSIONER COPPS FOUND A WAY TO BE NOT JUST A SPIRITED PUBLIC SERVANT
BUT A COMMITTED FAMILY MEMBER, LEADER IN HIS COMMUNITY.
WE HAVE ALL GOTTEN TO KNOW HIS WONDERFUL WIFE BETH.
WE THANK HER; WE THANK COMMISSIONER COPPS FIVE CHILDREN, HIS SIX GRANDCHILDREN INCLUDING
ONE ON THE WAY RIGHT NOW. WE THANK THEM ALL FOR THEIR SACRIFICES AND
ALLOWING COMMISSIONER COPPS TO PUT THE TIME AND ENERGY THAT HE HAS INTO THIS IMPORTANT
JOB. MIKE COPPS HAS SAID HE WILL REMAIN ENGAGED
IN THE ISSUES BEFORE US. I CAN'T IMAGINE ANYTHING DIMINISHING HIS PASSION
AND CONVICTION AND SO EVEN THOUGH THIS IS COMMISSIONER COPPS LAST MEETING AS AN FCC
COMMISSIONER, WE CAN ALL REST ASSURED THAT WE WILL STILL HAVE COPPS ON THE BEAT.
[LAUGHING] PLEASE JOIN ME IN RECOGNIZING COMMISSIONER
MIKE COPPS OUTSTANDING CAREER IN PUBLIC SERVICE HERE AT THE FCC AND THROUGHOUT GOVERNMENT.
THANK YOU. [APPLAUSE]
AND DEPARTING FROM OUR USUAL ORDER I WILL ASK COMMISSIONER MCDOWELL IF YOU WOULD LIKE
TO MAKE ANY REMARKS. THANK YOU MR. CHAIRMAN.
I HAVE BEEN IN DENIAL ABOUT THIS DAY FOR QUITE SOME TIME.
I DISLIKE FAREWELLS AND I'M NOT VERY GOOD AT THEM.
I TEND TO GET EMOTIONAL. A FEW DAYS AGO WE HAD TO SAY GOODBYE TO MCDOWELL'S
ONLY PAT AND I TEARED UP SO YOU CAN UNDERSTAND HOW DIFFICULT IT IS FOR ME TO SAY NOT FARE
WELL BUT SEE YOU LATER TO MY FRIEND AND DISTINGUISHED COLLEAGUE OF THE PAST 5 1/2 YEARS ALMOST HALF
OF YOUR TENURE HERE, MIKE COPPS SO I WILL TRY TO KEEP IT LIGHTHEARTED AND DRY EYED,
BUT I CAN'T MAKE ANY GUARANTEES. UNLIKE LUCKY MIKE HAS QUITE A BACKBONE.
HE IS WITHOUT A DOUBT MY FAVORITE PRINCIPLED LIBERAL.
I FIRST MET MIKE WHEN I WAS IN THE PRIVATE SECTOR AFTER HE BECAME A COMMISSIONER IN 2001.
HIS REPUTATION AS AN INTELLECTUAL WITH A DEEP AND LONG CAREER IN PUBLIC SERVICE PROCEEDED
HIS ARRIVAL HERE. BEFORE MEETING HIM IN ALL HONESTY I WAS A
BIT INTIMIDATED. HE QUICKLY PUT ME AT EASE HOWEVER WITH HIS
STRAIGHTFORWARD THOUGHTFUL MANNER. LITTLE DID I KNOW IN 2001 THAT SOMEDAY WE
WOULD BECOME COLLEAGUES AND THEN FRIENDS. WE ARE NOT AN OBVIOUS PAIR FOR FRIENDSHIP.
I'M A REPUBLICAN, HE'S A DEMOCRAT. I BELIEVE IN MARKET SOLUTIONS HE BELIEVES
IN GOVERNMENT SOLUTIONS. AND PERHAPS THE WIDEST CHASM FOR US TO BRIDGE
I AM A BLUE DEVIL AND HE IS A TAR HEEL. [LAUGHING]
NONETHELESS FATE THROUGH US TOGETHER. IF NEIL SIMON WERE TO WRITE A PLAY ABOUT US
UNDOUBTEDLY IT WOULD BE CALLED THE ODD COUPLE. UNLIKE OSCAR AND FELIX WE DID NOT DRIVE EACH
OTHER CRAZY. QUITE THE OPPOSITE.
WE WORKED TOGETHER MORE THAN MOST FCC OBSERVERS PROBABLY REALIZE.
SOMETIMES WE TOOK DIFFERENT PHILOSOPHICAL PATHS, BUT ARRIVED AT THE SAME DESTINATION
SUCH AS WITH THE CONTENTIOUS ISSUE THAT FACED ME BEFORE I WAS EVEN SWORN IN, [INAUDIBLE].
WE BOTH DECLINED TO SUPPORT IT BUT FOR DIFFERENT REASONS.
THAT TYPE OF SCENARIO UNFOLDED FREQUENTLY. IN FACT, A WHILE AGO I ASKED MY LAW CLERK
TO ANALYZE MY VOTING RECORD WITH WHOM TO THREE CHAIRMAN WHO I SERVED.
I VOTED WITH CHAIRMAN MARTIN AND 97 PERCENT OF THE TIME.
THE LAST TIME I CHECKED WHICH WAS A FEW MONTHS AGO I VOTED WITH CHAIRMAN GENACHOWSKI 95 PERCENT
OF THE TIME. ENTERING MIKE COPPS SIX MONTH TENURE AS CHAIRMAN
WE VOTED TOGETHER CAN WE GET A DRUM ROLL OUT OF THE TECH BOOTH.
THANK YOU. VERY GOOD.
WE VOTED TOGETHER 100 PERCENT OF THE TIME. THAT IS RIGHT DURING THE ERA OF THE THREE
AMIGOS [LAUGHING] UNDER THE LEADERSHIP OF CHAIRMAN COPPS ALL
50 VOTES THAT HE AND JONATHAN EDELSTEIN AND I CAST WERE UNANIMOUS VOTE BY THE ONE THING
TODAY IT IS TOO RUINED BOTH OF OUR REPUTATIONS AMONG OUR CONSTITUENCIES.
[LAUGHING] BUT IN ALL SERIOUSNESS WE ALL KNEW THAT MIKE
COPPS HAD A STREAK WHEN IT CAME TIME TO HIM TO DISPLAY HIS LEADERSHIP ON THE PILLAR OF
THIS AGENCY IT ENDED UP HIS STYLE RAN COUNTER TO THE PARTISAN CULTURE OF WASHINGTON.
SUCH A PERFECT BIPARTISAN LEGACY IS VIRTUALLY UNHEARD OF THESE DAYS.
BY THE WAY, I ALWAYS HESITATED TO CALL HIM ACTING CHAIRMAN.
REMEMBER HE IS NOT AN ACTOR, HE'S A ROCK STAR. [LAUGHING]
PLUS A MERE ACTING CHAIRMAN COULD NOT HAVE BROUGHT IN FOR A SMOOTH LANDING THE ONE TASK
THAT REQUIRED THE FCC TO AFFECT MORE AMERICANS THEN ANY OTHER IN DECADES THE DIGITAL TELEVISION
TRANSITION. SUCCESS WAS BY NO MEANS GUARANTEED.
YET CHAIRMAN COPPS INCLUSIVENESS BROUGHT TOGETHER A DIVERSE COALITION OF COALITIONS THAT SPEND
LITERALLY FROM SEA TO SHINING SEA TO MAKE THE DTV TRANSITION A SPARKLING SUCCESS.
I WILL ALWAYS BE GRATEFUL TO HIM FOR ACCOMPLISHING THAT HERCULEAN TASK A MERE FOUR DAYS BEFORE
HIS SENATE RECONFIRMATION HEARING. A LITTLE TENSE ABOUT THAT AT FIRST.
AND LET US ALWAYS REMEMBER THAT HIS HANDLING OF THE TRANSITION GARNERED HIM FOX NEWS SUNDAY'S
COVETED POWER PLAYER OF THE WEEK AWARD. MANY FOLKS ON THAT FOUND THAT DELICIOUSLY
IRONIC AND BY THE WAY, DID MSNBC EVER DO THAT FOR YOU?
[LAUGHING] I DON'T THINK SO.
I ALWAYS LOOK FORWARD TO MY MEETINGS WITH MIKE.
HE FREQUENTLY STARTS OUR CONVERSATION TALKING ABOUT THE FAMILY.
HE IS QUITE OBVIOUSLY A LOVING HUSBAND TO HIS BEAUTIFUL BRIDE BETH, A PROUD FATHER TO
FIVE CHILDREN AND A VERY BUSY ADORING GRANDFATHER TENDING TO HIS SIX CHILDREN, GRANDCHILDREN
IS IT SIX CURRENTLY OR SEVEN ON THE WAY? [OFF MIC COMMENT SEVENTH ON THE WAY.
OKAY. YOU ARE OBVIOUSLY A PROLIFIC AND FERTILE BUNCH.
IT'S HARD TO KEEP COUNT OF ALL THE GRANDCHILDREN. DURING OUR MEETINGS NOT ONLY DID HE ALWAYS
MAKE US THINK THAT WE HAD A LOT OF FUN AS WELL.
HE UTTERED SOME OF HIS BEST ONE LINERS FROM HIS BOTTOMLESS SATCHEL OF HUMOR DURING OUR
ONE ON ONES. FORTUNATELY FOR THE TWO OF US, BUT UNFORTUNATELY
FOR EVERYONE ELSE THEY WILL REMAIN FOREVER OFF THE RECORD.
EVEN THOUGH WE SOMETIMES DISAGREED ON POLICY I ADMIRE HIS TALENTS IN EXPRESSING HIS VIEWS
SO MEMORABLY. WHO ELSE COULD HAVE FRAMED OUR DECEMBER 2007
MEDIA OWNERSHIP DECISION AS "ANOTHER BIG SHINY PRESENT FOR THE FAVORED FEW WHO ALREADY HOLD
AN FCC LICENSE AND A LUMP OF COAL FOR EVERYONE ELSE."
AND HE ONCE AGAIN STOLE THE SHOW IN DELIVERING HIS STATEMENT ON THE COMCAST MATTER WHEN HE
SAID THE FCC NEEDS TO "MAKE CLEAR THAT THEY COMMISSION IS NOT HAVING A ONE NIGHT STAND
WITH NET NEUTRALITY BUT AN AFFAIR OF THE HEART AND A COMMITMENT FOR LIFE."
WHO CAN'T HELP BUT ADMIRE HIS ELOQUENCE. HIS ACCOMPLISHMENTS ARE NUMEROUS AND PROFOUND.
AND I SUSPECT HE IS NEARLY MID STRIDE IN HIS QUEST TO QUENCH HIS DESIRE FOR PUBLIC SERVICE.
I HOPE THAT IS THE CASE. IN WASHINGTON THERE ARE ONLY THREE TYPES OF
POLICY MAKERS, TO FEW ARE AT TO NUMEROUS ARE THOSE THAT WILL SAY AND DO ANYTHING TO STAY
IN OFFICE, FAR FEWER ARE THE DEDICATED PUBLIC SERVANTS WHO DEVOTE THEIR LIVES TO SERVING
THEIR FELLOW CITIZENS AND THEN EACH GENERATION YIELDS ONLY A FEW WHOSE VISION, HONESTY, SINCERITY,
AND PASSION TRULY MAKE THEM EPLURIBUS UNUM. THESE ARE KNOWN AS STATEMENT AND LADIES AND
GENTLEMEN MICHAEL J. COPPS IS A STATESMAN. THANK YOU FOR YOUR SERVICE TO OUR COUNTRY
MY FRIEND AND I LOOK FORWARD TO A LOT MORE. THANK YOU.
[APPLAUSE] COMMISSIONER CLYBOURN.
WHEN I ARRIVED AT THE COMMISSION TO AN A HALF YEARS AGO I SUDDENLY HAD A HOST OF FRIENDS,
A HOST OF NEW FRIENDS, A LOT OF NEW FRIENDS. WONDERFUL PEOPLE ALL OF THEM BUT THERE WAS
ONE WHO ESPECIALLY STOOD OUT, MICHAEL COPPS HAD BEEN A PROMINENT PRESENCE IN WASHINGTON
FOR SOMETIME BUT HIS CONNECTION TO AND ALLOW FOR A PARTICULAR STATE IN THE UNION GOT MY
ATTENTION FROM DAY ONE. AND THAT BLENDING OF DC'S SAVVY AND SOUTHERN
GRACES HAS HAD A PROFOUND AFFECT ON ME EVER SINCE.
HE IS PART PROFESSOR, PART WATCHFUL CRITIC, PART SAGE, BUT HE IS ALSO ALL MEN ALL FRIEND,
ALL MENTOR AND ALL PUBLIC SERVANTS. HE CAME TO THE COMMISSION IN THE SPRING OF
2001 AND AFTER SEPTEMBER OF THAT YEAR IT WAS CLEAR THAT OUR NATION'S COMMUNICATIONS NETWORK
NEEDED TO UNDERGO MAJOR CHANGES IN RESPONSE TO MAJOR THREATS.
OUR FIRST RESPONDED DATED BETTER INTEROPERABILITY AND MICHAEL COPPS FOUGHT AND CONTINUES TO
FIGHT FOR THEM. HE WAS INTERVAL TO THE DTV TRANSITION AND
HIS GUIDING HAND ASSISTED IN CONDUCTING A MASSIVE SHIFT WITH REGARD TO ONE OF THE SCARIEST
PLACES IMAGINABLE THE SPACE BETWEEN PEOPLE AND THEIR TELEVISION SETS.
WHEN I WAS NOMINATED, ONE OF THE FIRST THINGS I DID WAS TRY TO FIND MORE ABOUT ACTING CHAIRMAN
COPPS AND ALTHOUGH HIS THREE MOST IMPORTANT PRIORITIES AT THE TIME WERE DTV, DTV, AND
DTV HE HELPED TO NAVIGATE THAT SHIFT IN SO MUCH MORE.
AS WE HEARD AT THE COMMISSION MEETING LAST MONTH HE INITIATED A RULEMAKING PROCEEDING
TO SPUR THE DEPLOYMENT OF NEW WIRELESS MEDICAL SERVICES THAT COULD BRING GREAT BREAKTHROUGHS
TO MORE THAN 5 MILLION AMERICANS WHO WERE SUFFERING FROM PARALYSIS.
HE ALSO ISSUED A REPORT ON THE RULE RURAL BROADBAND STRATEGY AND INITIATED THE PLAN
PROCEEDINGS. I'M SORRY.
I'M CRYING. [LAUGHING]
COMMISSIONER COPPS HAS CONSISTENTLY PROVIDED A VOICE TO THE VOICELESS AND I'VE BEEN LUCKY
ENOUGH TO SEE HIM IN ACTION. JUST TWO WEEKS AGO IN OUR FINAL FORM TOGETHER
I WATCHED HIM BRING A CROWD TO ITS FEET AFTER A PASSIONATE SPEECH ABOUT THE PUBLIC INTEREST
OBLIGATIONS OWED TO ALL AMERICANS AND HOW THE FCC IS THEIR PROTECTOR.
IN EVERY SPEECH HE GIVES TO USE A SPORTS ANALOGY MICHAEL COPPS LOSE IT ALL ON THE FIELD.
HE SPEAKS FROM THE HEART BUT MORE SIGNIFICANTLY HE SPEAKS TO THE HEART AND MIND OF THE AMERICAN
CONSUMER. HE IS UNCOMPROMISING IN THAT REGARD AS ARE
ALL CHAMPIONS. HIS DEDICATION TO THIS AGENCY AND ITS WORK
IS UNQUESTIONABLE. HE ARRIVES BEFORE THE ROOSTER CROWS.
HE HAS ACCOMPLISHED MORE EACH DAY BEFORE MOST OF US FINISH OUR FIRST CUP OF COFFEE.
HE ALSO ATTENDS MORE MEANING IN ONE DAY THAN MOST PEOPLE ATTENDED ONE WEEK.
IN FACT, HE EVEN ATTENDS JOINT BOARD MEETINGS, NOT NECESSARILY EASY TO DO AND DID I SAY THAT
OUT LOUD AND WAS WILLING TO TRAVEL TO ANOTHER CITY TO THE JOINT BOARDS WHEN I WAS NOT AVAILABLE.
I HAD AND SHE CHECK OUR ATTENDANCE RECORDS OF THE JOINT BOARDS AND HE SHOWS UP EACH AND
EVERY TIME NO MATTER THE AGENDA AND US WITH HIS INTIMATE KNOWLEDGE ON TELECOM POLICY AND
HIS PERSONAL EXPERIENCE ON ADOPTING NEW TECHNOLOGIES SUCH AS MOVING FROM TELEGRAPH MESSAGES TO
PARTY LINES TO CELL PHONES. HE HAS RECENTLY INTEGRATED INTO HIS COMMENTS
IS UP TO THE TWITTER ACCOUNT WHICH INCLUDES HIS PERSONAL ENCOUNTERS WITH AIRLINE ATTENDANTS
WHO INSIST THAT HE TURN OFF ALL OF HIS ELECTRONIC GADGETS BEFORE TAKEOFF.
THAT WAS NOT YOU. [LAUGHING]
THAT WAS AN ACTOR NOT A ROCKSTAR. [LAUGHING]
SERIOUSLY I WILL DEARLY MISS THAT GREAT SMILE, EFFORTLESS CHARM AND GENTLEMANLY DEMEANOR
THAT YOU CONSISTENTLY DISPLAY DURING BATTLES, VICTORIES AND EVEN DURING DISAPPOINTMENTS.
YOU'VE BEEN A TREMENDOUS SOURCE OF ENCOURAGEMENT AND COMFORT FOR ME AND IT'S HARD TO IMAGINE
WHAT YOU WOULD BE WITHOUT HERE SITTING NEXT TO ME AND LENDING SUPPORT AND INSPIRATION
BUT AS I HAVE HEARD YOU SAY MORE THAN ONCE YOU ARE LEAVING THIS POST BUT NOT THIS SPACE
AND FOR THAT AND SO MUCH MORE I AM ETERNALLY GRATEFUL.
WELL DONE. [APPLAUSE]
TOUGH ACTS TO FOLLOW. [LAUGHING]
COMMISSIONER COPPS. I DON'T THINK I'M EVEN GOING TO TRY.
ELOQUENCE, SPEAKING FROM THE HEART AND I CAN'T THANK EACH OF YOU ARE NOT THE REASON I COULD
DO THAT SEAMLESSNESS FROM TELEGRAPH TO THE PARTING LINE AND CELL PHONE AS I SAW IT MYSELF
[LAUGHING] I DON'T KNOW WHERE TO BEGIN.
IT'S BEEN AN INCREDIBLE DAY ALREADY AND IT'S ONLY 11:40 A.M.
THE CHAIRMAN MENTIONED THE MEETING WE HAVE WITH THE FOREMAN FORMER COMMISSIONERS THIS
MORNING I HAD THE OPPORTUNITY TO THANK THEM. I BEGAN TODAY AND WILL INEVITABLY END TODAY
BY SAYING THANK YOU. THERE IS PROBABLY NO ONE IN THIS ROOM THAT
OAT IS OWED A BIG THANK YOU FROM ME. FIRST OF ALL, THANK YOU TO THE CHAIRMAN NOT
ONLY FOR HIS LAVISH GENEROUS AND EXCESSIVELY GENEROUS PRAISE BUT FOR SO MANY KINDNESSES
AND COURTESIES THAT YOU HAVE SHOWN TO ME SINCE YOU CAME HERE.
AND FOR THE GREAT LEADERSHIP YOU ARE SHOWING AND YOUR HARD WORK ON BEHALF OF CONSUMERS,
ON BEHALF OF THE COUNTRY YOU HAVE BEEN INSTRUMENTAL IN GETTING THIS COUNTRY FOR THE FIRST TIME
A BROADBAND STRATEGY, FOR MAKING PROGRESS IN OPENING UP THE INTERNET AND COMING WITH
A CONSUMER OF AGENDA AND REALLY BUILDING AN AGENCY OF EXCELLENCE WHICH I KNOW IS NEAR
AND DEAR TO YOUR HEART. MY FRIEND ROB, WHAT CAN I SAY, WE HAVE BEEN
THROUGH SO MUCH TOGETHER. YOU TALKED ABOUT THE COLLEGIALITY, THE COOPERATION,
THE PERSONIFICATION OF THAT. I WILL ALWAYS REMEMBER THE DTV TRANSITION
AND HOW YOU ROLLED UP YOUR SLEEVES AND TRAVELED THE COUNTRY AND CAME TO THE MEETINGS AND MADE
CONSTRUCTIVE SUGGESTIONS TO HELP BUILD A COALITION. AND IT HAS JUST BEEN A WONDERFUL EXPERIENCE,
ALWAYS ELOQUENT, ALWAYS WITH THAT WONDERFUL SENSE OF HUMOR AND IN SPITE OF BEING ONE OF
THE BLUE DEVILS REALLY A CLOSE AND WONDERFUL FRIEND AND I LOOK FORWARD TO THE CONTINUATION
OF THAT FRIENDSHIP IN THE YEARS AHEAD TO MY FRIENDS MIGNON WHO BRINGS SUCH BACKGROUND
AND COMMITMENT WITH A PALPABLE COMMITMENT TO HELPING SERVICE AND TO BRINGING TELECOMMUNICATION
TO THOSE WHO HAVE HAD TO WAIT TOO LONG FOR TELECOMMUNICATIONS AND THE TOOLS OF OPPORTUNITIES
IN THE 21ST CENTURY. WE THANK YOU FOR THAT AND FOR THE ABILITY
TO KEEP US ALL PRETTY WELL GROUNDED WITH HER PERSPECTIVES AND HER WONDERFUL SENSE OF HUMOR
AND REALLY HER REFRESHING AND TOTAL SENSE OF CANDOR.
I LOOK FORWARD TO OUR FRIENDSHIP GOING DOWN THE LINE.
THANK YOU TO ALL OF MY FORMER COLLEAGUES. MY STAFF IS HERE, MOST OF MY PRESENCE THERE,
SOME OF MY FORMER STAFF. I WISH YOU WOULD ALL STAND UP SO I COULD SAY
THANK YOU. [APPLAUSE]
THESE FOLKS ARE THE BEST OF THE BEST TWO LIVE THE PUBLIC INTEREST.
THEY CAME IN AND WORK TOGETHER AND I DON'T THINK IN TEN YEARS HERE I OTHER HEARD A HARSH
WORD EXCHANGED AMONG MEMBERS OF MY STAFF. THEY HAVE ALWAYS BEEN PULLING FOR THE COMMON
GOOD AND IT HAS BEEN A WONDERFUL EXPERIENCE. IT IS NOT ALWAYS THAT WAY BUT THERE SENSE
OF WORKING TOGETHER AND PULLING TOGETHER AND DEDICATION TO THE PUBLIC INTEREST AND ALSO
THE GREAT FACILITY IN KEEPING ME OUT OF TROUBLE HAS BEEN VERY MUCH APPRECIATED.
SO I THANK YOU AND EVERYONE AMONG YOU AND CAROLYN SHE HAS BEEN WITH ME SINCE THE BEGINNING.
[APPLAUSE] PROBABLY HAS MORE EXPERIENCE ON THE EIGHTH
FLOOR THEN ALL OF US COMBINED AND REALLY WITHOUT BETH AND CAROLYN I WOULD BE A LOST BALL IN
HIGH WEEDS. [LAUGHING]
SO SHE HAS CAPPED KEPT IT ALL GOING. TO OTHERS, MY FAMILY, THANK YOU FOR MENTIONING
THEM BECAUSE THEY ARE SO IMPORTANT AND TO EVERYBODY'S SUCCESS IN THEIR ABILITY TO WORK
ON THE PUBLIC SPHERE AND THEY'VE SACRIFICED A LOT WHILE I WENT OFF AND TALKED TELECOMMUNICATIONS
AT THE TABLE AND ALL THE REST. BETH WILL BE AROUND LATER TODAY BUT SHE IS
THE LOVE OF MY LIFE AND HAS BEEN A FANTASTIC PARTNER AND MOTHER.
I WANT TO SAY THANK YOU TO SOMEONE WHO IS NOT HERE TODAY MY FORMER BOSS SENATOR FRITZ
HOLLINGS WHO REALLY TAUGHT ME WHAT PUBLIC SERVICE IS ALL ABOUT, WHAT IT SHOULD BE.
HE NEVER DENIGRATED, HE ALWAYS ELEVATED IT. HE NEVER WENT BACK HOME AND RAN AGAINST THOSE
IDIOTS IN WASHINGTON. HE WENT BACK HOME AND TRIED TO EXPLAIN HOW
GOVERNMENT WORKS AND WHAT PUBLIC SERVICE WAS AND HE SAW HIS ROLE AS TRYING TO HOLD THE
PEOPLE WHO SENT HIM TO WASHINGTON AND GAVE HIM HIS BEST JUDGMENT AS HOW POLITICS IS SOMETHING
OF AN EDUCATION OF THE CITIZEN STREET ENTERPRISE AND HE ALSO TAUGHT ME ALL ALTHOUGH I NEVER
MASTERED THE ART QUITE AS MUCH AS HE DID TO TELL IT LIKE YOU SAW IT, EXACTLY LIKE EASTSIDE
AND TO GO OUT AND EXPLAIN YOURSELF IN TERMS THAT PEOPLE CAN UNDERSTAND.
SHE WAS A MASTER OF THAT AND TO MY MIND THE IDEAL PUBLIC SERVANT AND I HAD A CAREER HERE
IN WASHINGTON BUT MORE THAN THAT I OWE HIM SOME OF THE BEST LESSONS YOU COULD EVER LEARN
TONIGHT AND I THINK IT WAS A GREAT POET ALFRED LORD TENNYSON WHO SAID EACH OF US ARE PART
OF ALL THAT WE HAVE MET AND THAT IS HOW I FEEL TODAY, PART OF THIS PLACE, PART OF EACH
OF YOU, PARTS OF FRIENDS FROM DAYS ON CAPITOL HILL, THE COMMERCE DEPARTMENT AND AROUND TOWN,
FOLKS WHO HAVE HELPED US IN THE WORLD OF BUSINESS AND ENTERPRISE AND OF COURSE THE GREAT FRIENDS
IN THE CONSUMER ADVOCACY AND PUBLIC INTEREST GROUPS WHO DO SO MUCH FOR SO MANY FOR SUCH
A LOW RETURN FOR THEMSELVES. PART OF OUR GREAT FRIENDS IN THE DISABILITIES
COMMUNITIES AND THE MINORITIES COMMUNITIES AND THE NATIVE POPULATIONS ACROSS THIS COUNTRY.
AGAIN ALL OF THEM ARE WAITING FOR AN OPPORTUNITY TO USE THE TOOLS WE HAVE AVAILABLE TO FULFILL
THEIR LIVES. THE WORLD HAS CHANGED AT WARP SPEED REALLY
OVER THE PAST TEN YEARS THAT I HAVE BEEN HERE. BROADBAND, WIRELESS, THE INTERNET, SATELLITE,
GLOBAL COMMUNICATIONS. IT HAS REALLY BEEN A PRIVILEGE TO BE A PART
OF ALL OF THAT. THIS IS A WONDERFUL INSTITUTION.
IT IS A VERY UNIQUE PLACE. EVERY COUNTRY DOES NOT HAVE SOMETHING LIKE
THIS WHERE YOU CAN FIND THIS LEVEL OF EXPERTISE AND COME IN WITH THE HOPE OF FINDING INDEPENDENT
JUDGMENT RENDERED ON THE FACTS RATHER THAN IDEOLOGY WHERE YOU TAKE THE REAL ENABLING
TOOLS OF THE 21ST CENTURY AND TRY TO HARNESS THE VISION OF PUBLIC POLICY WITH THE EXPERIENCE
AND THE KNOW HOW OF THE PRIVATE SECTOR. THAT IS A WONDERFUL CHALLENGE AND IT IS THAT
REPUTATION WE ALWAYS HAVE TO FIGHT FOR EACH DAY AND EVERY DAY SO THAT WE ARE SERVING THE
COMMON GOOD AND THE PUBLIC INTEREST AND AVOIDING ANY THREAT OF BEING DECEIVED AND CAPTIVE TO
ANYBODY WE OVERSEE IS ALWAYS A CHALLENGE TO OVERCOME BUT THIS PLACE THRIVES BEST WHEN
WE DO OVERCOME THAT AND WHEN WE DO REALLY SEE UP THE ISSUES ON THEIR MERITS AND TRY
TO SERVE THE PUBLIC INTEREST. A HUGE CHALLENGE REMAINS AND IT IS ALWAYS
THAT WAY. I WILL LUCKILY SPARE YOU MY MEDIA SPEECH THIS
MORNING. BUT I INTEND TO KEEP TALKING ABOUT THE LEVEL
OF THREAT THAT I THINK THE STATE OF OUR JOURNALISM AND OUR MEDIA AND OUR NEWS HOLDS FOR THIS
COUNTRY. I THINK WE FACE NO GREATER CHALLENGE WITH
ALL OF THE PROBLEMS THAT THE UNITED STATES FACES RIGHT NOW GOING TO THE COMPETITIVE AND
ECONOMIC VIABILITY CREATING OPPORTUNITY FOR EVERYONE UNLESS THEY HAVE SPECIFIC DIALOGUE
THAT AFFORDS THE OPPORTUNITY FOR DIVERSITY INVOICES THERE IS NOT ONE OF THOSE PROBLEMS
WE WILL MANAGE TO OVERCOME BUT WITH OUR FRIENDS FROM THE STATES ENABLED TO DO THEIR JOBS SO
THAT NOT ONLY THAT THEY ARE THERE BUT SO THAT FIVE YEARS FROM NOW TWICE AS MANY OF THEM
ARE SITTING OVER THERE TO HOLD US ACCOUNTABLE AND TO HOLD GOVERNMENT ACCOUNTABLE AND TO
REPORT TO THE PEOPLE WHAT IS HAPPENING, IF WE DON'T HAVE THAT WE DON'T HAVE MUCH WE HAVE
NO GUARANTEES OUTCOME ON THAT. LET ME JUST PUT IT THAT WAY SO IT HAS BEEN
A PRECIOUS WONDERFUL OPPORTUNITY. I WILL PROBABLY HAVE PAINS OF REMORSE WHEN
I GO ON THE COMPUTER NEXT MONTH AND I AM NOT SITTING UP HERE.
IT HAS JUST BEEN INCREDIBLE MORE THEN EVER THAT I COULD HAVE HOPED FOR AND I DO FEEL
A PART OF ALL OF YOU FROM THE BOTTOM OF MY HEART I THANK YOU EACH AND EVERY ONE OF YOU
FOR YOUR WISDOM, YOUR COMMITMENT TO PUBLIC SERVICE AND YOUR FRIENDSHIP.
GOD BLESS US EVERYONE. THANK YOU.
[APPLAUSE] THANK YOU AGAIN COMMISSIONER COPPS, MIKE,
FOUR FOR TOPPING US OFF. AS ALWAYS WE WOULD NOT EXPECT ANYTHING LESS
AND WE ARE SO PLEASED TO HAVE THIS TRIBUTE FOR YOU TODAY.
LET US CONCLUDE, WE HAVE ONE FINAL ANNOUNCEMENT. ACTUALLY LET ME ASK MY COLLEAGUES IF NO.
WE SAY GOODBYE TODAY TO DAVID SMITH I DON'T KNOW IF DAVID IS HERE.
DAVID HAS BEEN AT THE COMMISSION FOR MORE THAN 16 YEARS SERVING FOR TEN YEARS AS DIRECTOR
OF THE OFFICE OF MEDIA RELATIONS. WHEN DAVID BECAME THE HEAD OF OMR THE OFFICE
HAD GONE THROUGH SIX DIRECTORS IN SIX YEARS. I WAS HERE FOR THAT AND I WAS HERE WHEN DAVID
CAME, STUDIED STEADIED THE CHIP, RIGHTED THE CHIP.
IT TELLS YOU THAT NOT ONLY WAS DAVID CRAZY TO TAKE THE JOB BUT, SOMETHING ABOUT HOW WONDERFUL
A JOB HE HAS DONE IN THIS ROLE FOR A LONG TIME.
DAVID CAME TO THE COMMISSION FROM COM DAILY AND KNEW SO MUCH ABOUT THE COMMISSION ABOUT
THE AGENCY'S RELATIONSHIP WITH THE MEDIA AND HAS WORKED TIRELESSLY OVER THE YEARS TO MAKE
SURE THAT RELATIONSHIP WORKS. FOR THOSE OF YOU THAT DON'T KNOW DAVID HAS
A CAREER THAT PRECEDES THE FCC. HE WORKED AT THE FEDERAL ELECTIONS COMMISSION,
AT THE U.S. SENATE AND AS A LIEUTENANT IN THE NAVY.
WE APPLAUD THAT CAREER OF SERVICE. DAVID PLANS TO PERHAPS CONSISTENT WITH THE
NAVY BACKGROUND MOVE WHERE HE WILL BE ABLE TO SEE THE OCEAN EVERY DAY AND CONTINUE TO
WORK ON A FREELANCE BASIS AND WE HOPE THAT WE ARE ABLE TO CONTINUE TO INTERACT WITH YOU
DAVID. WE HAVE VALUED YOUR WORK; WE HAVE VALUED OUR
RELATIONSHIP WITH YOU OVER THE YEARS. YOU HAVE BEEN A STEADY ROCK AT THE COMMISSION
FOR SUCH A LONG TIME AND WE WILL MISS SEEING YOU EVERY DAY.
THANK YOU DAVID FISKE. [APPLAUSE
AND WITH THAT MADAM SECRETARY PLEASE ANNOUNCE THE DATE OF THE NEXT FCC AGENDA MEETING.
THE NEXT MEETING OF THE FEDERAL COMMUNICATION MEETING IS TUESDAY JANUARY 31ST 2012.
[OFF MIC COMMENT] [LAUGHING] THANK
YOU
VERY MUCH.