(tongues of the ?G?m?teh ?tates Washington, EOE 20515 August 24, 2018 The Honorable Joseph J. Simons, Chairman Federal Trade Commission 600 Avenue, NW. Washington, DC. 20580 Dear Chairman Simons, We?re writing to express our serious concerns regarding a declaration ?led by the Santa Clara County Fire Chief with the DC. Circuit that Verizon throttled the ?unlimited? data plan of the Santa Clara County Fire Department (?County Fire?) as it battled the Mendocino Complex Fire, the largest wild?re in the history of California. Throttling directly violates core net neutrality principles. In light of the repeal of net neutrality, we urge you to investigate whether Verizon?s practices were ?unfair or deceptive? pursuant to Section 5 of the Federal Trade Commission Act. According to the Declaration, County Fire contracted with Verizon for an ?unlimited? data plan but experienced heavy throttling when they had reached their ?cap.? These reduced speeds severely undermined department personnel?s ability to function in the midst of the largest wildfire in California history. When County Fire contacted Verizon directly about the reduced speeds and asked it to restore speeds to essential transfer speed, County Fire was told it would have to switch to a new data plan at more than twice the cost. We believe the Federal Communications Commission, as the expert regulatory agency, should be responsible for the oversight of public safety networks and communications networks as a whole. Unfortunately, with its repeal of the 2015 Open Internet Order, the FCC has abdicated its jurisdiction over broadband communications and walked away from protecting consumers, including public safety agencies. We, therefore, call on the FTC to protect consumers from unfair or deceptive acts or practices stemming from this incident. It is unacceptable for communications providers to deceive their customers. But when the consumer in question is a government entity tasked with fire and emergency services, we can?t afford to wait a moment longer. The FTC must investigate whether Verizon and other communications companies are being unfair or deceptive in the services they?re offering to public safety entities, and if so, to determine what remedies are appropriate to ensure our first responders have adequate service when lives are on the line. We urge you to examine whether Verizon?s throttling practices were ?unfair or deceptive?, PRINTED 0N RECYCLED PAPER pursuant to Section 5 of the Federal Trade Commission Act. We thank you in advance for your cooperation and look forward to your timely response. Sincerely, ?340er ?w PM Anna G. Eshoo Nancy l?elosi Member of Congress Democratic Leader Mike Thompson Member of Congress . 631x512 12.5% (lam? M.C. Jared Huffman Ro Khanna Member of Congress Member of Congress )77 Barbara Lee I Jerry McNerney Member of Congre Member of Congress 5 1 . ac ie Speier gress mber of Congress oe f'gren\/ Mark DeSaulnier ber of Con es Member of Congress Bans Wm U: Doris O. Matsui Member of Congress cc: Commissioner Maureen K. Ohlhausen, Federal Trade Commission Commissioner Noah Joshua Phillips, Federal Trade Commission Commissioner Rohit Chopra, Federal Trade Commission Commissioner Rebecca Kelly Slaughter, Federal Trade Commission Chairman Ajit Pai, Federal Communications Commission