Dear Ms. Dortch:

Under 47 C.F.R. § 1.1206(b), we electronically provide this notice of an ex parte written
presentation in the docket listed above.

We attach a letter delivered today to Chairman Kevin Martin from Matthew Polka, ACA
President and CEO. The letter describes how Lifetime Entertainment Services, the programmer
owned by Hearst and The Walt Disney Company, summarily pulled the Lifetime Channel from
CableCom of Willsboro, an ACA member and small cable company. The sole reason that Lifetime
pulled the channel was because CableCom declined to sign Lifetime’s “take it or leave it” contract, which would have required CableCom to move Lifetime Movie Network from a digital tier to analog basic. As explained in the letter and attachments, this would have required CableCom to drop other channels or divert bandwidth from high speed internet service.

The letter details yet another example of how the current wholesale practices of large
programmers and broadcasters reduce choices, raise costs, and impede broadband deployment,
especially in the markets served by small and medium-sized cable companies.

Sincerely,
Christopher C. Cinnamon
Heidi I. Schmid
Attorneys for the American Cable Association

cc: Matthew M. Polka
Ross J. Lieberman