ex parte presentationecfsapi.fcc.gov/file/60001042392.pdfapril 6, 2015 ex parte presentation ms....

April 6, 2015 EX PARTE PRESENTATION Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Ex Parte Presentation in MB Docket No. 14-57, Applications of Comcast Corp. and

Time Warner Cable Inc. for Consent to Assign or Transfer Control of Licenses and Authorizations

Dear Ms. Dortch: Common Cause1 submits this ex parte filing to place into the record recently uncovered documents that cast significant doubt on the purported benefits of the proposed merger between Comcast and Time Warner Cable (“TWC”). Documents obtained by reporter Spencer Woodman and published in The Verge, In These Times, and The Nation illustrate that Comcast in many cases authored the full text of filings submitted by state and local officials supporting the merger, often with limited, if any, modification by the entities submitting them.2 For decades, Common Cause has advocated for transparent,

1 Common Cause is a nonpartisan, grassroots organization dedicated to restoring the core values of American democracy, reinventing an open, honest, and accountable government that works for the public interest, and empowering ordinary people to make their voices heard with over 400,000 members in all 50 states. 2 See Spencer Woodman, Exclusive: Politicians are Supporting Comcast’s TWC Merger With Letters Ghostwritten by Comcast, The Verge (Jan. 26, 2015), available at http://www.theverge.com/2015/1/26/7878239/comcast-twc-fcc-merger-letters-politicians-ghostwritten (Verge Article); Spencer Woodman, Exclusive: Documents Show Comcast Ghostwrote Pro-TWC Merger Letters of Support for Hawaii Governor, In These Times (Feb. 5, 2015), available at http://inthesetimes.com/article/17602/comcast_merger_hawaii; Spencer Woodman, Did Comcast Ghostwrite Rahm Emanuel’s Letter to the FCC?, The Nation (Apr. 1, 2015), available at http://www.thenation.com/article/203169/did-comcast-ghostwrite-rahm-

responsive government, so we are concerned about these questionable letters, which stand in contrast to the over 680,000 genuine consumers who have already contacted the Commission to voice their concerns about this potential consolidation. The Commission should conduct an investigation into which, if any, of these submissions present verifiable public interest benefits. Based on e-mail correspondence Woodman obtained through Freedom of Information Act requests, supportive letters submitted by state and local officials in this proceeding are “anything but grassroots.”3 For example, in the case of a letter sent to the FCC by a town councilman from Jupiter, Florida: [n]ot only do records show that a Comcast official sent the councilman the exact wording of the letter he would submit to the FCC, but also that finishing touches were put on the letter by a former FCC official.”4 In another case – a supportive letter written by Oregon’s then-Secretary of State Kate Brown – The Verge found records to show that “Secretary of State Brown’s letter to the agency was almost wholly written by a Comcast Government Affairs specialist.”5

As Woodman reported, the following phrases highlighting the company’s “successes” were not provided by the state and local officials, but instead authored by Comcast itself:

“Comcast Cares Day is a perfect example. This annual day of philanthropy,

mobilizing Comcast employees, their families, and local volunteers nationwide, is just a glimpse of how much Comcast invests in each community it services. As Roswell continues to prosper economically, it is this kind of service that I want the children in our neighborhoods to witness and be a part of.” – Submitted by Jere Wood, Mayor for the City of Roswell Georgia. Authored by a Comcast employee.

“The company is working to close the digital divide and make broadband affordable for low-income residents, something that sets it apart from other companies.” – Submitted by Todd Wodraska, member of Jupiter Town Council. Authored by a Comcast employee.

“As Secretary of State here in Oregon, one of my goals is to identify and support

companies that use business as a tool to promote positive social change. I can tell you from personal experience that Comcast is committed to such change.” – Submitted by Kate Brown, Secretary of Oregon. Authored by a Comcast employee.

emanuels-letter-fcc#. The documents cited in these articles are attached as Exhibits to this ex parte. 3 Verge Article. 4 Id. 5 Id.

“I am writing in support of the proposed Comcast and Time Warner Cable merger transaction, which I am confident, will improve Hawai'i's economic competitiveness and result in community development opportunities.” – Submitted by Neil Abercrombie, Governor of Hawaii. Authored by a Comcast employee.

The Commission’s public interest mandate necessitates an investigation of the real impact of the merger on local communities. As Common Cause has explained,6 the Applicants have not met their burden of proving that the proposed transaction is in the public interest. This merger will harm competition and impact consumer choice all across the nation. The Applicants have not made a convincing case that significant economic efficiencies would result or would be passed along to consumers; indeed, the merger will not result in lower prices for consumers. The manifold problems in this proposal cannot be resolved through conditions. As such, this merger must be denied.

Respectfully submitted,

Todd O’Boyle, Ph.D. Program Director, Common Cause

Enclosures

6 See Joint Petition to Deny of Consumers Union and Common Cause, MB Docket No. 14-57 (Aug. 21, 2014); Response of Consumers Union and Common Cause to Applicants’ Opposition to Petitions to Deny, MB Docket No. 14-57 (Dec. 17, 2015).

4/2/2015 Exclusive: politicians are supporting Comcast's TWC merger with letters ghostwritten by Comcast | The Verge

http://www.theverge.com/2015/1/26/7878239/comcast-twc-fcc-merger-letters-politicians-ghostwritten 1/9

On August 21st, 2014, Mayor Jere Wood of Roswell, Georgia, sent a letter to theFederal Communications Commission expressing emphatic support for Comcast’scontroversial effort to merge with Time Warner Cable. Not only did the mayor’sletter express personal excitement for the gargantuan deal — which critics say willcreate a monopoly that will harm millions of consumers — but it also claimed thatthe entire town of Roswell adored Comcast. "When Comcast makes a promise toact, it is comforting to know that they will always follow through," Wood's letterexplained. "This is the type of attitude that makes Roswell proud to be involvedwith such a company," the letter asserts, "our residents are happy with theservices it has provided and continues to provide each day.”

Yet Wood’s letter made one key omission: Neither Wood nor anyone representingRoswell’s residents wrote his letter to the FCC. Instead, a vice president ofexternal affairs at Comcast authored the missive word for word in Mayor Wood'svoice. According to email correspondence obtained through a public recordsrequest, the Republican mayor’s office apparently added one sign-off sentenceand his signature to the corporate PR document, then sent it to federal regulatorson the official letterhead of Roswell, Georgia.

Exclusive: politicians are supportingComcast's TWC merger with lettersghostwritten by ComcastDocuments reveal the cozy relationship between lobbyists, officials, andthe FCC

By Spencer Woodman on January 26, 2015 11:46 am



THESE LETTERS ARE ANYTHING BUT GRASSROOTSThe letter was part of what Comcast called an "outpouring of thoughtful andpositive comments" in support of the proposed mega-merger, which is nowentering the final stages of federal review. Comcast asserted that the numerousletters sent by local officials expressing support for the merger displayed its broadgrassroots backing. "We are especially gratified for the support of mayors andother local officials," Comcast boasted in an August 25th release, "underscoringthe powerful benefits of this transaction for their cities, constituents, andcustomers."

Yet email records obtained by The Verge indicate that these letters are far fromgrassroots.

For instance, a letter sent to the FCC by a town councilman from the smallcommunity of Jupiter, Florida, was in fact largely orchestrated by some of thebiggest players in corporate telecom. Not only do records show that a Comcastofficial sent the councilman the exact wording of the letter he would submit to theFCC, but also that finishing touches were put on the letter by a former FCC officialnamed Rosemary Harold, who is now a partner at one of the nation’s foremosttelecom law firms in Washington, DC. Comcast has enlisted Harold to helppersuade her former agency to approve the proposed merger.



Working through a contact at the local chamber ofcommerce, Comcast furnished Roswell Mayor JereWood with a draft of his letter to the FCC. Afteradding one sign-off sentence and his signature, Woodsubmitted the letter to federal regulators. "Your arethe best," the local chamber of commercerepresentative replies after Wood’s assistant notifieshim that the letter has made it to the FCC.

More prominent officials with histories of receiving campaign money from Comcast



— like Oregon's Democratic Secretary of State Kate Brown — also recently sentpersonal letters to the FCC supporting the merger.

Records obtained by The Verge show that Secretary of State Brown's letter to theagency was almost wholly written by a Comcast Government Affairs specialist.After a conversation with Brown’s staff, the Comcast official sent Brown a letter hehad prewritten for her that even included her typed sign-off, name, and title.Brown’s office sent the Comcast document — containing just three sentences withnew or altered language — to the FCC emblazoned with the official seal of theState of Oregon.

Since 2008, Comcast has contributed nearly $10,000 to Brown's two campaignsfor secretary of state. Neither Comcast nor the state of Oregon made any attempttell the public of the corporation’s role in authoring Brown’s letter. Brown’scommunications director told The Verge that Brown was too busy to beinterviewed. (Neither Wood nor Todd Wodraska, the councilman from Jupiter,Florida, accepted requests to speak to The Verge about the letters they sent theFCC. Rosemary Harold did not respond to multiple interview requests.)



On the evening of the FCC’s filing deadline, aComcast Government Affairs director sent a draft of aletter to a city councilman in Jupiter, Florida, written inhis voice. After the councilman requested the letter inPDF form, the Comcast employee sent the draft —identical to the first version — to former FCC officialand telecom attorney Rosemary Harold, who polishedit. Later that evening, when notified of the letter'ssuccessful filing, a Comcast vice president ofGovernment and Regulatory Affairs & CommunityInvestment emailed the councilman: "Thanks! Pleasepardon any spelling errors, I am all thumbs!"



Although Comcast is well-known for having one of corporate America’s mostsophisticated armies of lobbyists, the records obtained by The Verge shed newlight on just how intimate of a role these actors play in shaping what the public —and federal regulators — hear about the company from supportive governmentofficials. A portion of Brown’s letter that was written by Comcast even provides theFCC with a case study on the company’s charitable activity at a local Portlandhigh school. "We are proud of Roosevelt High School, which leads the way inpromoting digital literacy," the letter reads. "Since 2012, every student has beenassigned an iPad, and the school has been a trailblazer for instant online accessto curriculums and educational tools." In the case of the Jupiter letter, the DCtelecom attorney seems to have added the councilman's typed signature.

Many of the letters sent to the FCC by state and local officials bear strikingresemblance to those of Brown, Wodraska, and Wood. The letters are often quickto point to Comcast’s spending on local infrastructure and its record ofphilanthropy. Chicago's Mayor Rahm Emanuel and the governors ofPennsylvania, North Carolina, Hawaii, Colorado, Maryland, and Vermont all wroteletters to the FCC regarding the merger that cite both Comcast’s InternetEssentials program — which discounts internet services to low-income customers— and past or future local investments by the company.

Critics say Comcast’s charitable giving itself has been used to buy public support.Last year, The New York Times, in partnership with the Center for PublicIntegrity, reported that many of the civic groups and business associations thathad written letters supporting Comcast’s position to the FCC during its last majormerger deal had also received money from Comcast’s charitable foundation.According to The Center for Responsive Politics, Comcast has enrolled the help ofwell over a hundred registered lobbyists as of last year, including formerDemocratic US Representative Blanche Lincoln.



After a conversation with Oregon Secretary of StateKate Brown, a Comcast Government Affairs officialsent Brown a draft of her letter supporting the merger.After making changes to three sentences ofComcast's language, Brown’s staff sent the letter tothe FCC.

Former FCC Chairman Michael Copps says that, although he could oftendistinguish between genuine and manufactured comments sent to the agency,letters sent by local and state officials carry weight. "When a mayor of a town or a



town councilman or a legislator writes in — we look at that, and if someone is of amind already to approve something like this they might say: ‘ah-ha, see!’" saysCopps, who is now an advisor at Common Cause and opposes the merger."These letters can be consequential, there’s no question about that."

In response to a list of questions from The Verge, Comcast emphasized that it didnot have final say in the substance of the letters. "We reached out to policymakers, community leaders, business groups and others across the country todetail the public interest benefits of our transaction with Time Warner Cable,"Sena Fitzmaurice, a Comcast spokesperson, said in an email. "When suchleaders indicate they’d like to support our transaction in public filings, we’veprovided them with information on the transaction. All filings are ultimately decidedupon by the filers, not Comcast."

"IT IS THIS KIND OF SERVICE THAT I WANT THE CHILDREN INOUR NEIGHBORHOODS TO WITNESS AND BE A PART OF."If the FCC follows the recommendations of the letters and approves the merger,American consumers could see big changes to their broadband and cable TVservices. Critics argue that the merger would give Comcast a dangerous grip onan estimated 50 percent of the United States’ high-speed broadband market,which already lacks the sort of fierce market competition that helps drive downprices and ensure quality service. The merger would hand Comcast a level ofmarket power, according to critics, that would allow the company to jack upalready-rising cable prices while making it a gatekeeper over which movies, news,and music Americans can access. Last month, a coalition of industry groupsintensified opposition to the merger for fear that it will give Comcast too muchleverage over things like programming choices and local advertising. And earlierthis month, a conservative political action committee joined the anti-mergermovement, which had hitherto been associated with more progressive-leaningfigures like Senator Al Franken (D-MN).

Comcast argues that the merger will provide a greater economy of scale for it toreduce its costs and intensify its infrastructure investments in things like fasterconnections. One letter, signed by more than 50 mayors and largely orchestratedby Michael Nutter, the mayor of Comcast’s hometown of Philadelphia, argues the



merger poses no threat to telecom competition because Comcast and TimeWarner do not already compete in US cable markets. The letter also contends thatthe merger will in fact improve the telecom market by creating "a larger competitorin the marketplace that should bring new choices to our citizens."

"IT’S SORT OF BECOME AN AMUSEMENT PARK WHERE THEFAKE STUFF OUTNUMBERS THE REAL STUFF."For the FCC to green-light the merger, Comcast must prove that the deal wouldserve the public interest — no doubt a key driver of Comcast’s focus on appearingto have support from public officials. Critics say that, despite all the letters andlobbying, Comcast has yet to provide convincing evidence for this basic standardof approval.

"I think they have failed to meet their burden of persuasion that this will make lifebetter for the average American consumer," says Tim Wu, a law professor atColumbia University who has written extensively about the telecom industry."What does the average American consumer care about? They care about pricesbeing too high. Comcast could have said this merger will lower prices andcommitted itself to lower prices but it has made no sign that it will do this."

Wu, who reviewed the documents obtained by The Verge, said that the newinformation "confirms the impression that evidence that the merger is in the ‘publicinterest’ is simply being manufactured."

"It’s sort of become an amusement park where the fake stuff outnumbers the realstuff," Wu says. "The fact is a lot of telecom issues are pretty obscure, they oftendon’t get the public very excited. So what do you do? You buy it."

From: Sally Boylan [email protected]: FW: Comcast - Supporter Filing Instructions with the FCC

Date: January 9, 2015 at 9:51 AMTo: Debra Gallagher [email protected]

-----Original Message-----From: Cooper, Derek [mailto:[email protected]]Sent: Wednesday, August 20, 2014 11:01 PMTo: Todd WodraskaSubject: Comcast - Supporter Filing Instructions with the FCC

Per your request, attached please find the Filing Instructions for the FCC's Public Comment Period regarding the Comcast/Time WarnerCable/Charter transactions. Should you have any questions, please do not hesitate to call or email me.

Thank you and have a wonderful day!

Derek CooperVice President, Government and Regulatory Affairs & Community Investment - Florida Region Comcast1100 Northpoint Parkway, Suite 100West Palm Beach, FL 33407Direct Line: (561) 227-3485Cell: (561) 398-8286Facsimile: (561) [email protected]

From: Sally Boylan [email protected]: FW: Good morning...


-----Original Message-----From: Cooper, Derek [mailto:[email protected]]Sent: Friday, August 22, 2014 1:04 PMTo: Todd WodraskaSubject: Good morning...

I resent the our discussion email. For some reason your server rejected it a few times. Did you receive and are you all set?

Thanks!

Derek Cooper(561) 227-3485

From: Sally Boylan [email protected]: FW: Letter


-----Original Message-----From: Todd Wodraska [mailto:[email protected]]Sent: Monday, August 25, 2014 6:10 PMTo: Todd WodraskaSubject: Fwd: Letter

Sent from my iPad

Begin forwarded message:

From: "Williams, Antonio (Tony-Corp)" <[email protected]<mailto:[email protected]>>Date: August 25, 2014 at 5:52:57 PM EDTTo: "[email protected]<mailto:[email protected]>" <[email protected]<mailto:[email protected]>>Cc: "Cooper, Derek" <[email protected]<mailto:[email protected]>>Subject: Letter

As a Florida native, I have seen my hometown of Jupiter expand, grow and develop with time. I now watch this trend from a front row seat as amember of Jupiter Town Council.

Comcast has been a major component in Jupiter¹s business and technological development over the past several years. I am writing today tovoice my support for the Comcast and Time Warner Cable transaction because it has the potential to greatly benefit many communities likeours. I strive to preserve Jupiter¹s unique coastal-style of living while providing top-notch innovation and commodities for our residents.

Comcast provides Jupiter¹s citizens the high-quality entertainment services they want without having to move to a large city. This kind ofquality of service is what Jupiter deserves and what makes Comcast a leader in the industry.

In my professional life, I spent several years on Wall Street interacting with other business executives prior to returning to Jupiter. Currently Ispecialize in public-private partnerships that enable our community to grow. It is no small feat that Comcast has invested over $6 billion ininfrastructure and technology improvements in Florida since 1996. Comcast¹s investment demonstrates the benefits of having a major cableprovider serve our town. It means that small and medium-sized businesses have the opportunity to flourish. With Comcast Business,companies of all sizes can access broadband connections with speeds that continue to increase.

In addition, Comcast has invested in our community. The company is working to close the digital divide and make broadband affordable forlow-income residents, something that sets it apart from other companies.

The Internet Essentials program is a prime example. For qualified families with one or more children receiving free school lunches, Comcastmakes high-speed broadband services available for the reduced price of just under $10 a month. The greater adoption of broadband Internetin the Florida area and nationwide will allow our communities to prosper.

Comcast¹s commitment to Florida is strong. The transaction with Time Warner Cable will enable Comcast to become a better company andextend its positive reach to many others.

PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Jupiter officials andemployees regarding public business are public records available to the public and media upon request. Your e-mail communications may besubject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released inresponse to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The viewsexpressed in this message may not necessarily reflect those of the Town of Jupiter. If you have received this message in error, please notify usimmediately by replying to this message, and please delete it from your computer. Thank you.

This message has been scanned for malware by Websense. www.websense.com

From: Sally Boylan [email protected]: FW: Letter


From: Williams, Antonio (Tony-Corp) [mailto:[email protected]] Sent: Monday, August 25, 2014 6:48 PMTo: Todd WodraskaSubject: Fwd: Letter

Tony WilliamsDirectorGovernment AffairsComcast


From: "Harold, Rosemary" <[email protected]>Date: August 25, 2014 at 6:45:20 PM EDTTo: "'Williams, Antonio (Tony-Corp)'" <[email protected]>Subject: RE: Letter

Cleaned and converted. (FYI – I will be leaving the office soon to teach an eveningclass at a local law school, so if you have any additional needs this evening, pleasecontact Adam directly. I could forward stuff to him after 10, but that may be too latefor your purposes.)

ROSEMARY C. HAROLDPARTNER2300 N STREET, NWSUITE 700WASHINGTON, DC 20037-1128MAIN 202.783.4141DIRECT 202.383.3371FAX [email protected]

This electronic message transmission contains information from the law firm of Wilkinson Barker Knauer, LLP which may be confidential or privileged.The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure,copying, distribution, or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by

py g, , p y , p y ytelephone at 202.783.4141 or by electronic mail [email protected] immediately.

From: Williams, Antonio (Tony-Corp) [mailto:[email protected]] Sent: Monday, August 25, 2014 6:41 PMTo: Harold, RosemarySubject: Fwd: Letter Can you PDF and clean?



From: Todd Wodraska <[email protected]>Date: August 25, 2014 at 6:36:40 PM EDTTo: "[email protected]" <[email protected]>Subject: FW: Letter

can one of you guys convert this to pdf and email it back .Im on the road and dont have that capability.________________________________________From: Todd Wodraska [[email protected]]Sent: Monday, August 25, 2014 6:09 PMTo: Todd WodraskaSubject: Fwd: Letter

Sent from my iPad


From: "Williams, Antonio (Tony-Corp)"<[email protected]<mailto:[email protected]>>Date: August 25, 2014 at 5:52:57 PM EDTTo: "[email protected]<mailto:[email protected]>"<[email protected]<mailto:[email protected]>>Cc: "Cooper, Derek"<[email protected]<mailto:[email protected]>>Subject: Letter

As a Florida native, I have seen my hometown of Jupiter expand, grow anddevelop with time. I now watch this trend from a front row seat as amember of Jupiter Town Council.

Comcast has been a major component in Jupiter¹s business and technologicaldevelopment over the past several years. I am writing today to voice mysupport for the Comcast and Time Warner Cable transaction because it hasthe potential to greatly benefit many communities like ours. I strive topreserve Jupiter¹s unique coastal-style of living while providingtop-notch innovation and commodities for our residents.

Comcast provides Jupiter¹s citizens the high-quality entertainmentservices they want without having to move to a large city. This kind ofquality of service is what Jupiter deserves and what makes Comcast aleader in the industry.

In my professional life, I spent several years on Wall Street interactingwith other business executives prior to returning to Jupiter. Currently Ispecialize in public-private partnerships that enable our community togrow. It is no small feat that Comcast has invested over $6 billion ininfrastructure and technology improvements in Florida since 1996. Comcast¹sinvestment demonstrates the benefits of having a major cable providerserve our town. It means that small and medium-sized businesses have theopportunity to flourish. With Comcast Business, companies of all sizes canaccess broadband connections with speeds that continue to increase.

In addition, Comcast has invested in our community. The company is workingto close the digital divide and make broadband affordable for low-incomeresidents, something that sets it apart from other companies.

The Internet Essentials program is a prime example. For qualified familieswith one or more children receiving free school lunches, Comcast makeshigh-speed broadband services available for the reduced price of justunder $10 a month. The greater adoption of broadband Internet in theFlorida area and nationwide will allow our communities to prosper.

Comcast¹s commitment to Florida is strong. The transaction with TimeWarner Cable will enable Comcast to become a better company and extend itspositive reach to many others.

PLEASE NOTE: Florida has a very broad public records law. Most writtencommunications to or from the Town of Jupiter officials and employees regardingpublic business are public records available to the public and media upon request.

public business are public records available to the public and media upon request.Your e-mail communications may be subject to public disclosure. Under Floridalaw, e-mail addresses are public records. If you do not want your e-mail addressreleased in response to a public records request, do not send electronic mail to thisentity. Instead, contact this office by phone or in writing. The views expressed inthis message may not necessarily reflect those of the Town of Jupiter. If you havereceived this message in error, please notify us immediately by replying to thismessage, and please delete it from your computer. Thank you.

This message has been scanned for malware by Websense. www.websense.com

From: Sally Boylan [email protected]: FW: Letter: FILED


From: Cooper, Derek [mailto:[email protected]] Sent: Monday, August 25, 2014 11:02 PMTo: Todd WodraskaSubject: Re: Letter: FILED Thanks!

Please pardon any spelling errors, I am all thumbs!

On Aug 25, 2014, at 7:13 PM, "Todd Wodraska" <[email protected]> wrote:

ECFS Filing Receipt - Confirmation number:2014825004855

From: Williams, Antonio (Tony-Corp) [[email protected]]Sent: Monday, August 25, 2014 6:47 PMTo: Todd WodraskaSubject: Fwd: Letter



From: "Harold, Rosemary" <[email protected]>Date: August 25, 2014 at 6:45:20 PM EDTTo: "'Williams, Antonio (Tony-Corp)'"<[email protected]>Subject: RE: Letter

Cleaned and converted. (FYI – I will be leaving the office soon to teachan evening class at a local law school, so if you have any additionalneeds this evening, please contact Adam directly. I could forward stuffto him after 10, but that may be too late for your purposes.)

1/21/2015 Gmail - Public Records Request "Comcast"

https://mail.google.com/mail/u/0/?ui=2&ik=db9ab9fea4&view=pt&search=inbox&msg=14aeb2d11685a1c8&siml=14aeb2d11685a1c8 1/2

Spencer Woodman <[email protected]>

Public Records Request "Comcast"

GREEN Tony <[email protected]> Wed, Jan 14, 2015 at 8:19 PMTo: "[email protected]" <[email protected]>

Mr. Woodman --

Sorry it has taken me so long to respond to your request. Your search terms initially turned up more than 130documents, almost none of which were related to the proposed Comcast/Time Warner merger. A number ofthose documents involved privileged communications between our office and the Oregon Department ofJustice on a matter wholly unrelated to the proposed merger and would have required significant review andredaction. Instead, I refined the search for any records related too the merger. I turned up:

-- An email from Doug Cooley from Comcast with the draft letter and instructions on filing it.

-- An email from Kate Brown forwarding the Cooley email to Deputy Secretary of State Robert Taylor seekinginput.

-- The final letter submitted.

After reading the draft letter supplied by Mr. Cooley, Robert Taylor and Kate Brown met to discuss edits. Kate'spersonal assistant at the time, Brittany Kenison, incorporated the edits and submitted the letter.

Please let me know if this satisfies your request.

Tony Green Communications Director

(copy of email from Brown to Taylor is copied below)

----Original Message-----From: BROWN Kate Sent: Thursday, August 21, 2014 11:07 AMTo: TAYLOR RobertCc: KENISON BrittanySubject: FW: Comcast letter

Robert, Please review. Would love to get your input. The due date is the 25th.Call me with your suggestions.Kate B

-----Original Message-----From: Cooley, Douglas [mailto:[email protected]] Sent: Thursday, August 21, 2014 9:08 AMTo: SOS Oregon; BROWN KateSubject: Comcast letter

Madam Secretary,So sorry for the delay but I've drafted some ideas below from our conversation about a supportive letter to theFCC. I've also attached filing instructions in hopes of making the process a little easier. Of course, feel free tomodify as you see fit and thanks again!

1/21/2015 Gmail - Public Records Request "Comcast"

https://mail.google.com/mail/u/0/?ui=2&ik=db9ab9fea4&view=pt&search=inbox&msg=14aeb2d11685a1c8&siml=14aeb2d11685a1c8 2/2

Doug CooleyComcast Government Affairs503-584-5795 office503-330-5826 cell

My name is Kate Brown. I have been a legislator in Oregon since 1991, and currently serve as Oregon'sSecretary of State, a position I've held since 2008. It has come to my attention that the FederalCommunications Commission is taking comments from the public on the proposed merger between Comcast,Time Warner and Charter Cable. I write this letter to voice my support for this transaction.

As Secretary of State here in Oregon, one of my goals is to identify and support companies that use businessas a tool to promote positive social change. I can tell you from personal experience that Comcast is committedto such change. There are several projects Comcast and NBC Universal sponsor and support statewide -including Comcast Cares Day, Big Brothers Big Sisters Beyond School Walls Program, and Education Nation,to name a few.

Comcast is also on the front-lines of the battle to decrease the digital divide and provide access to broadbandfor low-income families that have disproportionate access. One of the most significant ways that Comcast isfulfilling its mission to increase America's digital literacy is through its Internet Essentials Program - a programthat provides affordable access to qualifying families. In 2011, I attended and spoke at the program kick-offevent, which Comcast held at Roosevelt High School in Portland, Oregon.

We are proud of Roosevelt High School, which leads the way in promoting digital literacy. Since 2012, everystudent has been assigned an iPad, and the school has been a trailblazer for instant online access tocurriculums and educational tools. However, Roosevelt's success has yet to be fully matched as there aremany families that fall under free lunch qualifications in other parts of the state. In the past three years, severalthousand Oregon families have taken advantage of the Internet Essentials program for their broadbandaccess. In my capacity as State Secretary, programs such as this give me hope. If the proposed merger isapproved, Comcast can bring its community partnerships and digital literacy programs to Time Warner marketssuch as New York and Los Angeles but also to the Oregon communities currently served by Charter Cable.

I know that Comcast is committed to the future and I respectfully encourage your approval of the transaction.

Sincerely,

Kate Brown, Secretary of State, Oregon

###

2 attachments

LTTR Comcast Aug 014docx.docx53K

LTTR Comcast MB Docket No 14-57 Aug 014.pdf76K

4/2/2015 EXCLUSIVE: Documents Show Comcast Ghostwrote Pro-TWC Merger Letters of Support for Hawaii Governor - In These Times

http://inthesetimes.com/article/17602/comcast_merger_hawaii 1/8

WITH LIBERTY AND JUSTICE FOR ALL...SEARCH

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C U L T U R E M A G A Z I N E D O N A T E

Records obtained byIn These Timesthrough a publicrecords request reveal

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WEB ONLY / FEATURES » FEBRUARY 5, 2015

EXCLUSIVE: DocumentsShow ComcastGhostwrote Pro-TWCMerger Letters of Supportfor Hawaii GovernorNew records reveal that the cable giantwrote a lobbying letter signed by theAloha State’s head.BY SPENCER WOODMAN

On August 22, NeilAbercrombie, thenHawaii’s governor, sent aletter to Washington,

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that, in its effort topersuade the FCC toapprove its proposedmega-merger,Comcast draftedletters all the way upthe state political foodchain to thegovernorship.

D.C., urging the FederalCommunicationsCommission to approveComcast’s controversialproposal to merge withTime Warner Cable. Inexplaining theimportance of whatComcast could bring toHawaii’s future, thegovernor’s letter invokedthe country’s recent recession and the state’s high number offamilies without Internet access.

“I have been impressed with Comcast and what it can offer theState, especially its Internet Essentials program, which offersdiscount Internet service to low income families,” theDemocratic Governor’s letter asserted. “Your approval of thistransaction should bring this needed service from the mainlandto our shores.”

Yet the state of Hawaii did not give credit to one primaryauthor of the letter: Comcast itself.

The first draft of the missive was sent from the ExecutiveDirector of Government Affairs at Comcast Cable. Afterreceiving the original draft, the governor’s office—with helpfrom a state regulatory agency—made mostly cosmetic changesto the Comcast PR document, added some language about aspecific transaction involving Comcast’s proposed merger inthe state, and sent it to Washington stamped with the state ofHawaii’s official seal.

Records obtained by In These Times through a public recordsrequest reveal that, in its effort to persuade the FCC to approveits proposed mega-merger, Comcast drafted letters all the wayup the state political food chain to the governorship.

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4/44 2/22 2015 EXCLUSIVE: Documents Showoo Comcast Ghostwtt rotoo e Pro-TWC Merger Letttt ers ofoo Support foff r Hawaa aii Govoo ernor - In These Times

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Last week, I reported in The Verge that Comcast hadghostwritten FCC letters foff r a spectrum of public servants—frff om a town councilman in Jupiter, Florida, to Oregon’ssecretary of state—who had sent letters to Washingtonsupporting the merger. In the case of Oregon, Secretary of StateKate Brown had received nearly $10,000 frff om Comcast incampaign donations in the years leading up to her FCC letter.Likewise, records show that just over a year befoff re NeilAbercrombie submitted his letter to the FCC supporting theproposed merger, Comcast gave the governor a $6,000campaign donation, the maximum yearly donation allowed inHawaii foff r statewide candidates.

Other prominent offff iff cials who wrote letters to the FCCexpressing support foff r the Comcast/Time Warner mergerinclude Chicago Mayor Rahm Emanuel and the governors ofPennsylyy vania, North Carolina, Vermont, Marylyy and, and



Colorado. Like those of Brown and Abercrombie, each one ofthese letters cites Comcast’s Internet Essentials program byname.

These letters of support could play a key role in one of the mostimportant anti-trust proceedings in recent memory. Criticsargue that, if approved, the proposed merger will create amonopoly that would give Comcast the sort of market powerthat could harm consumers on a variety of fronts includingprices, customer service and the kinds of programming thecompany will allow people to access. Comcast argues that themerger will enable it to reduce its costs and give it a greaterlevel of efficiency to make infrastructure investments.

“We reached out to policy makers, community leaders,business groups and others across the country to detail thepublic interest benefits of our transaction with Time WarnerCable,” said Comcast spokesperson Sena Fitzmaurice in anemailed statement. “When such leaders indicate they’d like tosupport our transaction in public filings, we’ve provided themwith information on the transaction, in many cases at theirrequest. All filings are ultimately decided upon by the filers,not Comcast.”

The newly obtained records from Hawaii give a view into bothcollaboration and some apparent tension between thegovernor’s office and the regulatory agency charged withoverseeing the state’s cable industry. In one email, a consumeraffairs regulator at the Department of Commerce andConsumer Affairs (DCCA) pleads with the governor to “holdoff” on sending his letter of support for Comcast’s merger tothe FCC until after the state agency determines if and how theparticularities of the proposed merger would play out there.

“A letter from the governor to the FCC at this time, wouldpotentially undermine our negotiations with Comcast,” aDCCA official wrote to the governor’s deputy chief of staff onJuly 30.

But then just weeks later on August 22—well over a monthbefore the DCCA made its own determination on the merger—the same regulator helped to edit Comcast’s draft letter that



Governor Abercrombie would send to the FCC. The final letterthe governor sent later that day largely kept intact Comcast’sglowing predictions about the potential of what the companymight bring to Hawaii. (In August, Abercrombie also lost hisbid for reelection to Democratic primary challenger David Ige.)

“The department’s Cable Television Division had initialconcerns regarding the letter to the FCC,” the DCCA told InThese Times in an emailed statement. “However, thedepartment was able to provide feedback to the governorbefore the letter was issued.”

On September 12, a veteran lobbyist named Robert Toyofukuemailed the governor’s deputy chief of staff. Comcast wascoming to town and the lobbyist was trying to wrangle amaximally private meeting area at Honolulu’s swanky PlazaClub for the Governor and Comcast officials to meet. Otherthan that Comcast wanted to “see the Gov and thank him forthe letter,” the records do not make clear what the meetingregarded or why the lobbyist was involved.

Less than a month later, Hawaii’s state regulator gave itsblessing, pending final approval from the FCC and Departmentof Justice, for the transfer of cable lines owned by Time Warnerto Comcast.

SPENCER WOODMANSpencer Woodman is a journalist based in New York. He has written on laborfor The Nation and The Guardian. You can follow him on Twitter at@spencerwoodman and reach him via email [email protected].

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4/2/2015 Did Comcast Ghostwrite Rahm Emanuel’s Letter to the FCC? | The Nation

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Did Comcast Ghostwrite RahmEmanuel’s Letter to the FCC?The Chicago mayor’s office confirmed that Comcast advised Emanuel onhow to support a proposed merger with Time Warner—but it is refusing tomake the communication public.

Spencer Woodman April 1, 2015

Chicago Mayor Rahm Emanuel (AP Photo/Charles Rex Arbogast)

On August 26th of last year, David L. Cohen, a Comcast Executive Vice President, joyouslyannounced that the cable giant’s controversial proposed merger with Time Warner hadgenerated a frenzy of supportive letters to the Federal Communications Commission from nearly70 mayors and dozens of other state and local officials. In particular, Cohen singled out a letterfrom one of the country’s most high-profile mayors.

“We’re proud to have the support of Chicago Mayor Rahm Emanuel, who praised Comcast’sacclaimed Internet Essentials program and the increased investment and faster Internet speedsthat the transaction will bring in his letter,” Cohen wrote, referring partly to Comcast’s discountedservices for low-income customers. Emanuel’s letter, submitted to federal regulators just daysbefore, was indeed glowing. The mayor asserted his belief that the proposed merger would notreduce consumer choice or drive up prices (a primary concern of the proposal’s critics), beforelaunching into breathless praise of the company’s charitable activity in Chicago.

“Comcast currently makes considerable contributions in Chicago,” Emanuel writes, “and weexpect those contributions to continue—and increase—if the proposed combination isapproved.”

The authorship of Emanuel's letter, however, may be more complex than meets the eye. BeforeEmanuel wrote to federal regulators, Comcast appears to have furnished the mayor with somewriting assistance in the form of suggested language—and perhaps even a whole first draft—regarding his FCC letter. When The Nation submitted a FOIA request to his office requestingany records of suggested language or any Comcast-supplied draft, the mayor's office respondedthat such a communication does indeed exist. It is refusing, however, to turn over the Comcastdocument, citing a state law that allows the withholding of preliminary drafts, suggestions, notes

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and communications in which opinions are expressed or actions or policies are formulated.

Emanuel’s office also would not respond to questions The Nation originally sent more than fourweeks ago—and followed up on several times—that asked whether Comcast had helped draftEmanuel’s letter to the FCC. As long as this record is withheld, any definitive knowledge of theextent to which Emanuel’s letter used corporate lobbying language will likely remain a secretbetween the mayor's office and Comcast. Emanuel is just days away from a hotly contestedrunoff election against progressive challenger Jesus “Chuy” Garcia.

“It's unfortunate that the mayor’s office is trying to avoid transparency,” said Todd O’Boyle,program director for Common Cause, a nonprofit organization that advocates for governmentaccountability and opposes Comcast’s proposed merger. “FOIA laws should be serving thepublic interest—they should be vehicle to inform the public not a vehicle for politicians to findloopholes to hide the truth.”

In an investigation published in The Verge in January, I found a pattern of Comcast lobbyistsghostwriting highly customized letters for politicians across the country. In several cases,elected officials made few or no changes to the Comcast corporate PR documents beforesigning and submitting them to federal regulators on official government letterhead. In eachinstance, no effort was made to tell the public of Comcast’s role in authoring the letters. In onecase, a former FCC official and heavyweight telecom attorney even put the finishing touches ona letter written by Comcast for a member of the town council in Jupiter, Florida.

Emanuel’s letter bears certain similarities to other letters to the FCC that were shown to havebeen ghostwritten by Comcast. His letter goes into detail about Comcast’s regional infrastructureinvestments, expresses confidence that the merger will only expand Comcast’s largess, citesthe company’s Internet Essentials program by name and provides a detailed praise for its localcharitable activity.

Neil Abercrombie, then Hawaii Governor, and Kate Brown, then Oregon’s Secretary of State andnow governor, also submitted letters to the FCC in favor the Comcast merger—letters thatComcast had drafted. The cable giant had contributed to both politicians’ campaigns in the yearspreceding.

The company’s political coffers have been kind to Mayor Emanuel as well. After he sent his FCCletter in August, The International Business Times reported that Comcast and its employees haddonated over $100,000 to Emanuel’s political activity, including $50,000 to his “mayoralcampaign and his other municipal political organizations” in Chicago.



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Comcast spokesperson Sena Fitzmaurice did not directly answer questions regarding thecompany’s role in authoring Emanuel’s letter to the FCC, but highlighted that Chicago is itslargest success story in providing discounted internet access to low-income customers. “Morelow-income families in Chicago have broadband thanks to the active participation of CPS,nonprofits, and elected officials there—they've helped us drive a higher participation rate inChicago than in any other city in the country,” Fitzmaurice said in an emailed statement.

Fitzmaurice also emphasized that, although the company had provided information to officialsaround the country who signaled interest in supporting the merger, those officials had final say inwhat they sent. “All filings are ultimately decided upon by the filers, not Comcast.”

Critics of Comcast’s proposed merger ague that, by giving the cable giant control over about halfof America’s high-speed broadband connections, the plan would grant Comcast a dangerousdegree of market leverage that could adversely affect prices. The American cable industryalready lacks the sort of fierce competition that compels companies to lower prices and offerbetter customer service, and critics see the prospect of further market consolidation as a step inthe wrong direction. The merger also affects cable television lines, and a coalition of businessgroups have banded together to oppose the merger, contending that Comcast’s marketconsolidation could give the company too much power over programming and advertisingchoices.

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Comcast argues that its merger will give it an economy of scale that will allow it to ramp upinfrastructure investments to improve cable connections. It also argues that the scale will grantthe company a greater level of efficiency of operating costs—savings which would end upbenefiting consumers.

Emanuel’s letter asserts that greater scale for Comcast will mean a better product for consumersin Chicago. “[W]e are optimistic that the increased resources of the combined corporation willlead to more investment in local network infrastructure and faster Internet speeds,” the letterstates.

Garcia, a county commissioner who jolted the political scene in the February 24 mayoralelection, has found broad support among Latino and progressive voters who particularly resentEmanuel’s overseeing of the closing of nearly fifty public schools and his aggressive attempts torestrict the power of the city’s teachers unions. Garcia has capitalized on the image of Emanuelas too enmeshed in the elite world of wealth and corporate interests to understand the strugglesof everyday Chicagoans. Where Garcia might be strong on message, he’s been short on cash,having been reportedly outspent by Emanuel’s campaign war chest by a factor of 12 to 1 in theprimary.

“This is about whether Chicago will be a city that is inclusive of all of its people,” Garcia toldDemocracy Now earlier this month, “or whether it will continue to work for a select few of richand powerful people.”

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