charter_twc fcc ex parte meeting notice 7-29-15

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Representative from a long list of content companies arguing that information provided to the FCC as part of the review of the Charter/Time Warner Cable/Bright House merger should confidential and not be provided to parties outside of the merger.

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  • July 31, 2015

    Electronic Filing Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street SW Washington, D.C. 20554

    Re: Notice of Ex Parte Communication Applications of Charter Communications, Inc., Time Warner Cable, Inc., and Advance/Newhouse Partnership for Consent to Assign Licenses or Transfer Control of Licensees, MB Docket No. 15-149

    Dear Ms. Dortch:

    In separate meetings on July 29, 2015, Anne Lucey of CBS Corporation, Kimberly Hulsey of Scripps Networks Interactive, Inc., Kyle Dixon of Time Warner Inc., Jared Sher of Twenty First Century Fox, Inc., Keith Murphy of Viacom Inc., and Susan Fox of The Walt Disney Company, together with the undersigned (the Content Company Representatives), met with the following Commission personnel regarding procedures governing access to certain competitively sensitive information in connection with an anticipated protective order to be issued in the referenced proceeding: Chanelle Hardy, Chief of Staff and Media Legal Advisor to Commissioner Clyburn (by telephone); Valery Galasso, Policy Advisor to Commissioner Rosenworcel; Matthew Berry, Chief of Staff, and Trey OCallaghan, Law Clerk, from the Office of Commissioner Pai; and Robin Collwell, Chief of Staff and Senior Legal Advisor to Commissioner OReilly.

    The Content Company Representatives emphasized that they do not seek to delay the Commissions review of the referenced transaction or to prevent Commission personnel from reviewing highly sensitive commercial information contained in their affiliation and distribution agreements. They emphasized that they are not parties to the proposed transaction and that they themselves are not subject to information and data requests. Rather, they explained, they seek in good faith to protect any of their proprietary commercial information submitted to the Commission during the pendency of the referenced proceeding from being disclosed to third parties in a highly competitive marketplace.

  • Marlene H. Dortch July 31, 2015 Page 2

    The Content Company Representatives explained that disclosure of their competitively sensitive information was not necessary to the Commissions evaluation of the proposed transaction. They highlighted that the Commission successfully reviewed two proposed mergers within the last year, including the AT&T/DIRECTV merger approved on July 24, 2015, without disclosing such information.

    The Content Company Representatives stated their view that the only effective way to address their concerns, consistent with Commission practice and precedent, would be to direct the transaction parties to segregate video programming confidential information (VPCI) in their production of materials to the Commission. This would allow Commission personnel to review the information and, in the first instance, determine if any VPCI is necessary to review of the proposed transaction.

    Finally, the Content Company Representatives urged that, to the extent the Commission seeks to modify the policies and procedures for protecting confidential information, which are set forth in 47 C.F.R. 0.457 and the Commissions Confidential Information Policy, it should do so in a considered manner, allowing time to seek public input on new proposed procedures, and separate from consideration of the proposed transaction.

    This letter is being submitted electronically pursuant to Section 1.1206(b) of the Commissions Rules. Please direct any questions regarding this matter to the undersigned.

    Respectfully submitted, /s/ Laura Flahive Wu

    cc: Chanelle Hardy Matthew Berry Robin Collwell Valery Galasso