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Robert M. McDowell

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Robert M. McDowell
Commissioner Robert M. McDowell
Commissioner of the
Federal Communications Commission
In office
May 26, 2006 – May 17, 2013
Nominated byGeorge W. Bush
Barack Obama
Preceded byKathleen Q. Abernathy
Succeeded byMichael O'Rielly
Personal details
Born (1963-06-13) June 13, 1963 (age 61)
Washington, DC
Political partyRepublican
Spouse(s)Jennifer, née Griffin
RelationsKelly McDowell, brother
Children3 [1]
Parent(s)Martha Louise Shea McDowell
Hobart K. "Bart" McDowell Jr.
ResidenceVienna, Virginia
EducationA.B. 1985 cum laude
J.D. 1990
Alma mater
OccupationAttorney
[6]

Robert Malcolm McDowell (born June 13, 1963) served as a commissioner of the Federal Communications Commission from June 1, 2006 to May 17, 2013. He is currently a partner in the Communications regulatory, Digital media & entertainment, Telecommunications, etc. practices at Cooley LLP.[7]

Federal Communications Commissioner

Robert M. McDowell was first appointed to a seat on the Federal Communications Commission by U.S. President George W. Bush and unanimously confirmed by the Senate in 2006. When he was reappointed to the Commission on June 2, 2009, Commissioner McDowell became the first Republican to be appointed to an independent agency by President Barack Obama. The U.S. Senate confirmed him unanimously on June 25, 2009.[8] Commissioner McDowell's second term was set to end in June 2014, but he announced on March 20, 2013, his plans to step down early.

McDowell was widely perceived to be a front runner for Chairman of the FCC had Mitt Romney won the 2012 presidential election.[9][10]

On May 17, 2013, Commissioner McDowell stepped down from the Commission to join the Hudson Institute's Center for Economics of the Internet as a visiting fellow.[11]

The Issues

Internet Freedom

Commissioner McDowell has long maintained that the Internet should remain free from government intrusion and that Internet governance works best through the non-governmental "Multistakeholder Model". This structure, which has been in place since the Internet's inception has worked well, he argues and is directly responsible for the Internet's rapid adoption throughout the globe.[12] McDowell has opposed attempts by other nations, such as China and Russia, to give the International Telecommunication Union (ITU) jurisdiction over many Internet governance matters.[13] [14] In 2010, he warned that attempts by the U.N. to regulate the Net were serious.[15] He served on the U.S. delegation to the 2012 World Conference on International Telecommunications (WCIT-12).

McDowell's February 2012 op-ed in the Wall Street Journal warning of the increasing U.N. threat to Internet freedom dramatically raised awareness of the issue.[13] This seminal opinion article became the most widely read piece in the Journal for two consecutive days. Coupled with his ongoing advocacy and testimony before Congress in 2012, his efforts resulted in the House and Senate unanimously passing resolutions opposing the ITU's expansion into Internet regulation.[16][17]

After the ITU voted 89-55 to include aspects of the Internet under ITU control in December 2012, McDowell strongly criticized the vote as well as the efforts by proponents of Net freedom to work against the Net regulation efforts. He stated, "The United States should immediately prepare for an even more treacherous ITU treaty negotiation that will take place in 2014 in Korea. Those talks could expand the ITU's reach even further. Accordingly, Internet freedom's allies everywhere should more than redouble their efforts to erase the damage that was wrought today. Freedom and prosperity are at stake. Let's never be slow to respond again."[18] On March 12, 2013, he testified before the Senate that "we are losing the fight for Internet freedom." [19] His interest in the work of the ITU was also visible in October 2016, when McDowell co-authored (with Gordon M. Goldstein) an article in the Wall Street Journal,[20] which addresses the topic of the ITU and its work on Internet of Things and Digital Object Architecture.

In November 2013, McDowell was appointed to the Panel on the Future of Global Internet Cooperation and Governance Mechanisms - a diverse global group of Internet policy stakeholders from government, civil society, the private sector, the technical community and international organizations.[21] Chaired by the President of Estonia, Toomas Ilves, and containing highly accomplished panelists and thought leaders on Internet governance issues from across the world, the panel is working toward creating a framework for international Internet governance challenges.[22] The Panel released its report containing ideas regarding the future of Internet governance on May 20, 2014. McDowell issued a separate statement expressing his concern that the report did not go far enough to propose presumption against intergovernmental encroachment on the successful private sector, non-profit multistakeholder model of Internet governance.[23]

Net Neutrality

Commissioner McDowell has been an outspoken critic of net neutrality rules, casting a dissenting vote based on four primary concerns: 1) Nothing is broken in the Internet access market that needs fixing; 2) The FCC does not have the legal authority to issue net neutrality rules; 3) The rules are likely to cause irreparable harm; and 4) Existing law and Internet governance structures provide ample consumer protection in the event a systemic market failure occurs.[24]

On January 14, 2014, a federal appeals court threw out much of the FCC's net neutrality order and cited McDowell's dissent.[25] The court interpreted Section 706 of the Telecommunications Act of 1996, however, as giving the FCC limited authority to manage broadband markets.[26] In a Wall Street Journal op-ed the following day, McDowell warned that further action by the FCC would only encourage other governments across the globe to regulate the Net as well, including through international treaties.[27]

Ending Discrimination in Broadcast Advertising

In 2007, McDowell led an effort with then-FCC Commissioner Jonathan Adelstein to adopt a proposal first made in 1984 by the National Association of Black Owned Broadcasters (NABOB) to ban the use of racially discriminatory so-called "no urban, no Hispanic dictates" in broadcast advertising.[28][29] This anti-discrimination rule became the first new federal civil rights rule adopted in a generation.[30][30][31][32] In recognition of his leadership, NABOB and Latinos in Information Sciences and Technology Association (LISTA) presented McDowell with awards in 2012 and 2008 respectively.[33] He repeated his warnings of the unintended consequences of classifying Internet services as telecommunications services under Title II of the Communications Act of 1934 in testifying before Congress in 2014 [34][35] and 2015,[36] as well as in numerous opinion editorials.[37][38][39][40][41]

Universal Service and Intercarrier Compensation

Commissioner McDowell believes that the first priority in reforming universal service is "to restore fiscal responsibility to this program."[42] He has long stated that USF reform should include the following five basic objectives: (1) contain the growth of the Fund; (2) broaden the base of contributors; (3) reduce the contribution burden; (4) ensure competitive neutrality; and (5) eliminate waste, fraud and other abuses of the system.[43] In October 2011 and January 2012, McDowell worked with his fellow Commissioners to bend the spending curve of the high cost and lifeline portions of the Universal Service Fund.[44] Working from a one to three partisan divide, McDowell helped lead the first adoption of spending controls on a federal entitlement in a generation.[45][46] He has continued to call for reform of the universal service "taxing" mechanism.[45]

Fairness Doctrine

Commissioner McDowell has been a long-standing critic of the Fairness Doctrine and has repeatedly called for the FCC to repeal the remnants of the Fairness Doctrine from its books.[47] On August 12, 2008, FCC Commissioner Robert M. McDowell stated that the reinstitution of the Fairness Doctrine could be intertwined with the debate over network neutrality.[48] He outlined the history of the Fairness Doctrine in a January 2009 speech at the Media Institute. He again called for its elimination from the FCC's rulebook in May 2011.[49] In August 2011 the FCC's Media Bureau issued an order removing all references to the Fairness Doctrine from the Code of Federal Regulations.

White Spaces

Commissioner McDowell has long supported unlicensed uses of vacant TV broadcast channels known as "white spaces." Commissioner McDowell applauded the FCC's November 2008 rules to open up white spaces for unlicensed use stating, "Robust unlicensed use of white spaces will give nimble entrepreneurs the freedom to disrupt the market in positive and constructive ways that will force incumbents to keep pace with this new revolution. As a result, the pressure created by dynamic competition will knock down barriers created by walled gardens and pry open closed networks. This liberation will come about not through increased regulation, but through increased competition."[50]

700 MHz Auction

Commissioner McDowell dissented in part to the Commission's July 2007 rules governing the 700 MHz spectrum auction, arguing that the overly proscriptive rules, such as the open access requirement, would discourage some bidders and ultimately decrease the proceeds from the auction.[51]

FCC Reform

Commissioner McDowell has long advocated major reforms to the FCC's structure and operations. In 2009, he sent letters to Acting Chairman Copps and Chairman Genachowski outlining some of his ideas.[52][53] McDowell called for an audit of the FCC's operations, finances and ethical practices and also wanted the agency to consider restructuring itself.[54] Commissioner McDowell stated "the bottom line is simple: No commissioner should learn of official actions through the trade press. Maybe we could call this our 'leave no Commissioner behind' program.[55] He further outlined his ideas for reforming the agency and eliminating unnecessary regulations in a speech at TIA in May 2011[49] and in his July 2011 testimony to the House Energy and Commerce Committee's Subcommittee on Oversight and Investigations Subcommittee.[56] McDowell has called for a fundamental rewrite of federal communications laws calling them "outdated." [17][57] He reiterated that call in Congressional testimony in July 2013.[58]

AT&T Recusal

McDowell recused himself from a vote on an $86 billion merger between AT&T and BellSouth citing his 2006 ethics agreement with the Senate Commerce Committee.[59] AT&T then allegedly campaigned against McDowell's renomination to the Commission in 2009.[60] Endorsed by Senate Republican Leader, Mitch McConnell, AT&T's efforts to block McDowell's renomination were unsuccessful, as Commissioner McDowell was reconfirmed June 2009.

Digital Television Transition

Commissioner McDowell traveled to over 20 television markets to raise awareness about the digital television transition and wrote numerous op-eds on the topic. He was especially critical that the Commission lacked a coordinated call center response only one month prior to the original February 17, 2009 cut-off date. In a January 14, 2009 letter to then-Chairman Martin he expressed his concern about the Commission's lack of readiness, emphasizing that "the Commission must be better organized, more energetic and must coordinate its efforts in a more open and collaborative manner."[61] The DTV transition deadline was later extended by Congress to June 12, 2009.

Helping the Creation of Medical Body Area Networks (mBANs)

In early 2009, McDowell initiated an effort with then-Acting FCC Chairman Michael Copps to resurrect long-pending proceedings to provide spectrum for wireless medical technologies called Medical Body Area Networks (mBANs).[62] This effort resulted in the revolutionary approval of low-power medical wireless devices to operate in specific frequencies, making the U.S. the first country in the world to make spectrum available for this specific usage.[63] Devices used in these frequencies include electronic implants that allow paralyzed patients to regain use of their limbs, as well as mobile monitors of patients' vital signs.[63][64][65]

Career

Early career

Commissioner McDowell is a former lobbyist for telecommunications companies that compete against the Baby Bells. Immediately before his confirmation to the FCC, he was senior vice president and assistant general counsel of COMPTEL (Competitive Telecommunications Association), an industry trade group of competitive (non-RBOC) telephone companies.

Prior to joining CompTel in February 1999, McDowell served as the executive vice president and general counsel of America's Carriers Telecommunications Association (ACTA), which merged with CompTel at that time.[66]

McDowell was graduated cum laude from Duke University in 1985. After serving as chief legislative aide to Virginia Delegate Robert T. Andrews (R-McLean), he attended the Marshall-Wythe School of Law at the College of William and Mary.[67] Upon his graduation from law school in 1990, McDowell joined the Washington, D.C., office of the national law firm of Arter & Hadden where he focused on communications law.[66]

His involvement in civic and political affairs spans four decades. He was appointed by Virginia Governor George Allen to the Governor's Advisory Board for a Safe and Drug-Free Virginia, and to the Virginia Board for Contractors where he served for eight years.[2] A veteran of several presidential campaigns, his work during the 1992 presidential campaign is cited in the Almanac of American Politics, 1994. In 2000, he served as a member of the Bush-Cheney Florida recount team.[6] Among many other endeavors, McDowell has twice been a candidate for the Virginia General Assembly.[2] He is a former Chairman of the Board of the McLean Project for the Arts, which strives to connect emerging artists with communities in the Washington region. Currently, he serves on the board of The Potomac School in McLean, Virginia.

Later career

In May 2013, McDowell became a visiting fellow at the Hudson Institute's Center for Economics of the Internet.[68][69] In December 2013 he was appointed to the Panel on the Future of Global Internet Cooperation and Governance Mechanisms, a group focused on a multistakeholder approach to Internet governance. The Panel released a high-level report on May 20, 2014 which includes principles for global Internet cooperation, proposed frameworks for such cooperation and a roadmap for future Internet governance challenges.[70] McDowell issued a separate statement expressing his concern that the report did not go far enough to propose presumption against governmental and intergovernmental encroachment on the successful non-governmental private sector, non-profit multistakeholder model of Internet governance.[23]

Between 2014 and 2016 he was a partner at Wiley Rein LLP.[71]

Bar admissions

Personal life

He is the son of the late Hobart K. McDowell Jr., a former senior editor of National Geographic Magazine, and the late Martha Louise Shea McDowell, a former journalist and public relations executive. He resides on the farm where he grew up near Vienna, Virginia with his wife, the former Jennifer Griffin, and their three children.[72][73]

In the Media

Publications

Profiles

Awards

  • Latinos in Information Sciences and Technology Association (LISTA) Chair Award in recognition of commitment to excellence and for leadership on eliminating discriminatory practices in broadcast advertising. (2008)[33]
  • The Consumer Electronics Association Digital Patriot Award for preserving and advancing technology, entrepreneurship and the spirit of American innovation. (2011)[33]
  • The Media Institute Freedom of Speech Award for defending the First Amendment right to freedom of expression. (2011)[33]
  • National Association of Black Owned Broadcasters (NABOB) Power of Urban Radio Award for outstanding leadership and meritorious service in helping to eliminate discriminatory advertising practices in broadcasting. (2012)[33]
  • Sports Fan Coalition Most Valuable Policymaker Award. (2012)[33]
  • The Phoenix Center for Advanced Legal and Economic Policy Studies Jerry B. DuVall Public Service Award in recognition of his exercise of political courage in, and contribution of analytical rigor to, the United States telecom policy debate. (2013)[33]
  • The Minority Media and Telecommunications Council (MMTC) Everett C. Parker Lifetime Achievement Award for his visionary leadership in promoting minority entrepreneurship, advertising non-discrimination, and universal broadband access and adoption, and for the many extraordinary contributions he has made throughout his lifetime to the diversity and success of America's most influential and important industries. (2013)[74]

References

  1. ^ "Statement of Commissioner Robert M. McDowell". Senate Committee on Commerce, Science, and Transportation. June 16, 2009. Archived from the original (PDF) on August 5, 2009. Retrieved August 31, 2009. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  2. ^ a b c "Alumni Profile: Robert McDowell '77 - The Langley School". Archived from the original on April 2, 2012. Retrieved January 15, 2014.
  3. ^ "Volunteers" (PDF). Deerfield Academy. September 17, 2007. p. 5. Retrieved April 11, 2008.
  4. ^ a b "Bush Nominates McDowell for FCC Slot". Comptel Connection. Comptel. February 6, 2006. Retrieved April 11, 2008.
  5. ^ "Spring 2006 Class notes". William & Mary School of Law. Spring 2006. Retrieved April 11, 2008. Robert M. McDowell JD '90 was approved by the Senate Commerce Committee...
  6. ^ a b "Robert M. McDowell". WhoRunsGov.com. Washington Post. Retrieved August 31, 2009.
  7. ^ Prominent Communications Regulatory Attorney Joins Cooley message from the web site of the firm.
  8. ^ "Biography of FCC Commissioner Robert M. McDowell". Retrieved October 29, 2017.
  9. ^ Broadcasting & Cable magazine, October 22, 2012, p. 13
  10. ^ Communications Daily, October 31, 2012, p. 4
  11. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0514/DOC-320957A1.pdf
  12. ^ http://www.fcc.gov/document/technology-and-sovereignty-individual-commissioner-mcdowells-keynote-sweden
  13. ^ a b http://transition.fcc.gov/commissioners/mcdowell/documents/Wall-Street-Journal-2-21-12-UN-Threat-to-Internet-Freedom-Part2.pdf
  14. ^ http://transition.fcc.gov/commissioners/mcdowell/documents/Politico113012.pdf
  15. ^ http://transition.fcc.gov/commissioners/mcdowell/documents/Wall-Street-Journal-7-23-10-UN-Threat-to-Internet-Freedom.pdf
  16. ^ FCC statement May 31, 2012.
  17. ^ a b FCC statement July 10, 2012.
  18. ^ "Commissioner McDowell's Statement RE: Today's Action at WCIT-12". December 12, 2015. Retrieved October 29, 2017.
  19. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0312/DOC-319446A1.pdf
  20. ^ McDowell, Robert M.; Goldstein, Gordon M. (October 25, 2016). "The Authoritarian Internet Power Grab". Retrieved October 29, 2017 – via www.wsj.com.
  21. ^ http://www.internetcovernancepanel.org
  22. ^ "High-Level Panel Organizes to Address Future of Internet Governance". www.icann.org. Retrieved October 29, 2017.
  23. ^ a b McDowell, Robert M. "Separate Statement of the Honorable Robert M. McDowell, Member, Panel on Global Internet Cooperation and Governance Mechanisms - by Robert M. McDowell". Retrieved October 29, 2017.
  24. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A4.pdf
  25. ^ "USCA-DC Opinions Released Last Month". www.cadc.uscourts.gov. Retrieved October 29, 2017.
  26. ^ "D.C. Circuit Voids FCC 'Net Neutrality' Order - National Law Journal". National Law Journal. Retrieved October 29, 2017.
  27. ^ "WSJ". Retrieved October 29, 2017 – via online.wsj.com.
  28. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279035A6.pdf
  29. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db1113/DOC-316504A1.pdf
  30. ^ a b ://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0116/DOC-318454A1.pdf
  31. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303198A1.pdf
  32. ^ ://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302777A1.pdf
  33. ^ a b c d e f g http://www.fcc.gov/leadership/robert-m-mcdowell-awards
  34. ^ "Hearing: "Net Neutrality: Is Antitrust Law More Effective than Regulation in Protecting Consumers and Innovation?" - House Judiciary Committee". Retrieved October 29, 2017.
  35. ^ "United States Senate Committee on the Judiciary". www.judiciary.senate.gov. Retrieved October 29, 2017.
  36. ^ http://www.commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=7ba9cc4e-3cd8-44dd-bb84-fed5f6309ab2&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a&MonthDisplay=1&YearDisplay=2015
  37. ^ McDowell, Robert M. "This Is Why the Government Should Never Control the Internet - by Robert M. McDowell". Retrieved October 29, 2017.
  38. ^ McDowell, Robert M. "Net Neutrality Vs. Free Speech - by Robert M. McDowell". Retrieved October 29, 2017.
  39. ^ McDowell, Robert M. "The Turning Point for Internet Freedom - by Robert M. McDowell". Retrieved October 29, 2017.
  40. ^ McDowell, Robert M.; Goldstein, Gordon M. (February 18, 2015). "Dictators Love the FCC's Plan to Regulate the Internet". Retrieved October 29, 2017 – via www.wsj.com.
  41. ^ "Overturn FCC power grab: Opposing view". Retrieved October 29, 2017.
  42. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A4.pdf
  43. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270406A1.pdf
  44. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-11A1.pdf
  45. ^ a b http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310695A4.pdf
  46. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310695A2.pdf
  47. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0613/DOC-307492A1.pdf
  48. ^ http://www.mrc.org/bmi/articles/2008/FCC_Commissioner_Return_of_Fairness_Doctrine_Could_Control_Web_Content.html
  49. ^ a b http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0519/DOC-306765A1.pdf
  50. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-260A6.pdf
  51. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A6.pdf
  52. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288104A1.pdf
  53. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292122A1.pdf
  54. ^ http://www.whorunsgov.com/Profiles/Robert_M._McDowell
  55. ^ "McDowell Says He's not Proposing 'Witch Hunt' with Audit of FCC," TR Daily, February 2, 2009
  56. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0707/DOC-308297A1.pdf
  57. ^ http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db1212/DOC-317905A1.pdf
  58. ^ http://www.hudson.org/content/researchattachments/attachment/1120/rmmtestimony07112013.pdf
  59. ^ Washington Post Article, December 19, 2006, Alan Sipress- FCC Official Declines to Vote on AT&T Deal.
  60. ^ "Decision Makers" National Journal 6/20/09
  61. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287892A1.pdf
  62. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-57A2.pdf
  63. ^ a b http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A1.pdf
  64. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A3.pdf
  65. ^ http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-54A2.pdf
  66. ^ a b "Biography of Former Commissioner Robert McDowell". December 29, 2010. Retrieved October 29, 2017.
  67. ^ a b COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE (March 9, 2006). NOMINATIONS OF ... AND ROBERT M. McDOWELL TO BE A MEMBER OF THE FEDERAL COMMUNICATIONS COMMISSION. 109 Senate Hearings. Washington, D.C.: U.S. Government Printing Office. SenHrg109-693. Retrieved April 11, 2008. {{cite book}}: Cite has empty unknown parameters: |chapterurl= and |month= (help)CS1 maint: multiple names: authors list (link)
  68. ^ "Improving FCC Process" (PDF). United States House Energy Subcommittee on Communications and Technology. July 11, 2013. Retrieved January 15, 2014. ...Visiting Fellow, Hudson Institute Center for the Economics of the Internet
  69. ^ "Hudson Institute >`About Hudson > Robert M. McDowell". Retrieved January 15, 2014.
  70. ^ "High-Level Panel on Global Internet Cooperation and Governance Mechanisms Convenes in London". www.icann.org. Retrieved October 29, 2017.
  71. ^ Former FCC commissioner Rob McDowell joins D.C. law firm Wiley Rein article in the Washington Post.
  72. ^ "Obituary: Martha Louise Shea McDowell, Public Relations Executive". Washington Post. Washington, D.C. July 10, 2005. p. C10. Retrieved April 11, 2008. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  73. ^ "Obituary : Martha Shea McDowell, 80, Journalist". McLean Connection. McLean, Virginia: Connection Newspapers. July 14, 2005. Retrieved January 16, 2008. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  74. ^ "Awards - Multicultural Media, Telecom and Internet Council". mmtconline.org. Retrieved October 29, 2017.
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