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FCC Ex Parte with Commissioner Robert McDowell, Media Legal Advisor Rosemary Harold

Submission Date: 
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; GN Docket Nos. 09-47, 09-51, 09-137

Dear Ms. Dortch:

Pursuant to Section 1.1206 of the Commission's rules, we are electronically filing this letter in the dockets referenced above as notice of a December 7, 2009, meeting with Commissioner Robert McDowell, Media Legal Advisor Rosemary Harold, and the following persons:

James Bruder, Vice Chairman, ACA; Chief Executive Officer, MetroCast Communications
Ross J. Lieberman, Vice President of Government Affairs, ACA
Jeremy M. Kissel, Cinnamon Mueller, Outside Counsel for ACA

During the meeting, participants discussed the following matters contained in the association's filing in the National Broadband Plan for Our Future Inquiry concerning Broadband Adoption.

ACA explained that all-or-nothing online distribution models that require broadband service providers to pay a per-subscriber fee on behalf of all of their broadband subscribers in order to permit any one of their high-speed Internet customers to obtain access to the content or services of the distributor (e.g., ESPN360), increases the cost of basic broadband access for all customers, and, correspondingly, decreases the rate upon which broadband is adopted, particularly among low income households where cost is a factor. ACA representatives also stressed that broadband service providers should not be impeded from offering flexible-pricing models such as consumption-based billing plans. A prohibition on this type of retail pricing would limit the flexibility of broadband service providers to offer lower cost options for price-sensitive consumers who only intend to use the Internet for low-bandwidth applications and services, such as email.

ACA also outlined its concerns with the recently announced Comcast-NBC Universal deal. Participants explained that without forced divestitures or conditions, Comcast-NBC Universal will wield its enhanced market power to drive up artificially the per subscriber cost of its programming, particularly its newly acquired local broadcast stations and its "must-have" national and regional cable networks that air live sporting events. Moreover, without restrictions, the new media conglomerate will use its bargaining power to force other pay-television providers to distribute its programming on basic tiers, regardless of consumer interest in the content. ACA also raised concerns that Comcast-NBC Universal will be able to force its preferred business model for online video distribution upon others, regardless of whether such a model would naturally develop in a competitive market.


Jeremy M. Kissel

cc: Commissioner Robert McDowell (via email)
Rosemary Harold (via email)
James Bruder
Ross Lieberman

1 -See Comment Sought on Broadband Adoption, GN Docket Nos. 09-47, 09-51, 09-137, NBP Public Notice #16, DA 09-2403 (rel. Nov. 10, 2009), Comments of the American Cable Association (filed Dec. 2, 2009).

2009 12 08 ACA Ex Parte McDowell .pdf85.02 KB

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