September 10, 2009
Ms. Marlene Dortch
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
RE: American Cable Association (“ACA”) Notice of Ex Parte Presentation; MB Docket Nos. 07-198 and 07-269; CS Docket No. 97-80; and GN Docket No. 09-51
Dear Ms. Dortch:
Pursuant to 47 C.F.R. § 1.1206(b), we electronically provide this notice of an ex parte presentation in the dockets referenced above. On September 9, 2009, the following persons met with Media Bureau Chief William T. Lake and Media Bureau Deputy Bureau Chief Robert H. Ratcliffe:
Matthew M. Polka, President and CEO, ACA
Steve Friedman, Chairman, ACA; Chief Operating Officer, Wave Broadband
Ross J. Lieberman, Vice President of Government Affairs, ACA
Ted Hearn, Vice President of Communications, ACA
Jeremy M. Kissel, Cinnamon Mueller, Outside Counsel for ACA
During the meeting, participants relayed their concerns with “closed Internet” business
models such as The Walt Disney Company’s ESPN360 service, which ACA has described in detail
in its comments in the National Broadband Plan proceeding. Participants also discussed issues
relating to the bundling of video programming by programmers, referencing ACA’s comments in the pending program access proceeding.
Participants further discussed the escalating year-to-year increases in retransmission consent
fees charged to smaller cable operators. Participants specifically noted a recent survey of ACA’s
membership (submitted and detailed in the latest Video Competition Report proceeding), which
showed a 271% increase in year-to-year retransmission consent fees.
Finally, meeting participants discussed the importance of set-top box waivers that allow
smaller cable operators to transition their systems to all-digital at a much faster pace due to the
availability of low-cost set-top boxes. Participants noted that such waivers will enable small cable operators to offer the services that their consumers want, including more high-definition channels and faster broadband speeds.
Jeremy M. Kissel
cc: William T. Lake (via email)
Robert H. Ratcliffe (via email)
Matthew M. Polka
Ross J. Lieberman