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