REQUEST FOR INFORMATION ISSUED TO TIME WARNER INC. 
 
 1. Identify and list each agreement between (a) the Company and an Applicant, or 
(b) the Company and the Announced OVD Services, relating to the licensing of the Company’s 
Video Programming that has been effective at any time during the period beginning January 18, 
2011, through the date of this Request. 
 
 2. Identify any provision in each agreement listed in response to Specification 1(a) 
that limits or reduces the Company’s incentive or ability to: 
 
  a. license its Video Programming to an OVD (including an Announced OVD 
Service) or to offer Video Programming directly to consumers via the Internet, including, but not 
limited to, any economic or non-economic Most-Favored-Nations obligations, provisions 
relating to exclusive distribution or further distribution by another Person or through the use of 
windows, limits on distribution on a specific platform (e.g. Cable System, via the Internet), limits 
on the Applicant’s subscribers’ ability to view the Company’s Video Programming through an 
authentication process or on a particular device, limits on the number of promotions, stunts or 
clips that the Company can distribute, and limits on the number of Video Programming networks 
that can be aggregated on a single website or single application; and 
 
  b. sell advertising for, or otherwise monetize its Video Programming through 
distribution to an OVD or by the Company offering its Video Programming via the Internet 
directly to consumers. 
 
 3. Describe each provision identified in response to Specification 2, and describe: 
 
   a. the negotiation of the provision; 
 
  b. the events or acts that trigger the application of the provision, and the acts 
taken or the restriction imposed when the provision is triggered or otherwise becomes effective; 
 
  c. the efforts taken by the relevant Applicant, if any, to enforce the provision, 
including but not limited to discussions between the Company and the Applicant about the 
enforcement of the provision, the Company’s response thereto and the results of those efforts; 
and 
 
  d.  whether similar provisions exist in the Company’s agreements with other 
MVPDs. 
  
 4. Describe all provisions relating to restrictions or limitations on distribution of the 
Company’s Video Programming, including but not limited to windowing, device approval, and 
authentication that were proposed by an Applicant during negotiations that the Company 
successfully sought to exclude from the Video Programming distribution agreement it ultimately 
entered into with the Applicant, and the reason given by the Applicant for the provision. 
 
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 5. Describe all oral and written communications relating to any statement by 
Comcast that the provisions identified in response to Specification 2 were either no longer 
effective or would not be enforced as a result of the Comcast-NBCU Order or the Final 
Judgment entered in U.S. v. Comcast Corp. and NBC Universal, Inc., Civ. Action No. 1:11-cv-
00106 (D.D.C. 2011). 
 
 6. If an action by the Company triggered any of the Most-Favored-Nations 
provisions identified in response to Specification 2, identify the provision and describe the acts 
taken by the Company to comply with the requirements of the provision, and the Applicant’s 
response thereto. 
 
 7. For each provision identified in response to Specification 2 that prevented, 
affected or limited the nature or scope of the license for Video Programming that the Company 
entered, was willing to enter, or was able to enter with the Announced OVDs, identify the 
provision and describe in detail how the provision influenced the Company’s licensing decision. 
Describe all communications between the Company and the relevant Applicant relating to 
negotiation of any agreement listed in response to Specification 1(b), including, but not limited 
to, negotiations to modify the impact of any provision identified in response to this Specification 
on the Company’s ability to license the Video Programming covered by the provision to an 
Announced OVD, and the results of those discussions. 
 
 8. Identify each provision identified in response to Specification 2 that could inhibit 
the Company’s ability to license its Video Programming to an OVD which proposes to employ 
new or different business models than those that have been offered to consumers to date, and 
describe the provision’s effect and impact on the Company’s licensing practices. 
 
 9. Describe any efforts or actions, not otherwise described, that relate to the use or 
potential use of current or prospective Video Programming agreements or negotiations between 
the Company and an Applicant, in a manner that would limit the ability of the Company to 
provide its Video Programming to an MVPD, OVD or by the Company directly to consumers. 
  
 10. For any OVD service that the Company has considered, plans to provide, or 
provides:  
 
  a. describe each provision identified in response to Specification 2 that 
influenced the Company’s decision to launch, or not launch, such service, or limited the nature or 
scope of the OVD service that the Company was willing to or able to launch, and describe in 
detail how the provisions influenced the Company’s decision-making; 
 
  b. describe any discussions concerning such current or prospective 
agreements or negotiations with the Applicants about the provisions identified in this subpart a of 
this Specification relating to such OVD service; and 
 
  c. if the Company has launched such service, describe any reaction by the 
Applicants to the service and any discussions with the Applicants about such service to the 
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extent they concern the existence or prospective creation of Video Programming agreements or 
negotiations. 
  
 11. Identify and describe the Applicants’ obligations, and limits thereon, contained in 
the agreements listed in response to Specification 1(a) to provide the Company the metrics and 
data relating to views of the Company’s Video Programming by the Applicants’ subscribers, and 
describe how the information received pursuant to the provision impacts the Company’s ability 
to effectively monetize its Video Programming and sell advertising. 
 
 12. With respect to each provision identified in response to Specification 2, describe 
any consideration or other benefit that was either offered by an Applicant or accepted by the 
Company in exchange for the Company’s agreement to include the provision in the agreement. 
 
 13. Describe any material differences among the Company’s agreements with each of 
the Applicants, including differences among any provisions identified in response to 
Specification 2, and whether the terms of any one Applicant’s agreements with the Company, 
taken in the aggregate, could be characterized as more favorable to the relevant Applicant than 
the Company’s affiliation agreements with other Applicants. 
 
14. Describe all communications between the Company and the Applicants related to 
the negotiation of any agreement listed in response to Specification 1(a) that discuss: 
 
a. the importance to the Company of reaching a minimum level of 
penetration for the Company’s Video Programming; 
 
b. the importance to the Company of being carried on a particular 
programming tier;  
 
c. the need to obtain carriage for the Company’s Video Programming from 
another MVPD prior to obtaining carriage from the relevant Applicant; and 
 
d. the importance of achieving distribution for the Company’s Video 
Programming in in any specific geographic markets, including, but not limited to, any 
discussions related to the Company’s ability to reach a critical mass of subscribers to launch a 
new network, attract national or regional advertisers, maintain long-term viability, or compete 
effectively with other video programmers. 
 
  
Definitions 
 
 The following definitions apply only to this Information Request.  They are not intended 
to set or modify precedent outside the context of this document.  In this Information Request, the 
following terms shall have the following meanings (such meanings to be equally applicable to 
both the singular and plural forms of the terms defined):  
 
 1. The term “Company” means  Time Warner Inc. and its Subsidiaries. 
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 2. The term “Applicants” means Comcast, Charter and TWC. 
 
 3. The terms “and” and “or” have both conjunctive and disjunctive meanings. 
 
 4. The term “Announced OVD Services” means the Video Programming 
distribution services announced by CBS Corporation, DISH Network Corporation, Intel 
Corporation, Scripps Networks Interactive Inc. Sony Corporation, Time Warner Inc. and Verizon 
Communications Inc. 
 
 5. The word “any” shall be construed to include the word “all,” and the word “all” 
shall be construed to include the word “any.”  The word “each” shall be construed to include the 
word “every,” and the word “every” shall be construed to include the word “each.”  All words 
used in the singular should be construed to include the plural, and all words used in the plural 
should be construed to include the singular.  
 
 6. The term “Broadcast Programming Network” means without limitation network 
Video Programming delivered simultaneously to two or more Broadcast Television Stations.    
 
 7. The term “Broadcast Television Station” means a station in the television 
broadcast band transmitting simultaneous visual and aural signals intended to be received by the 
public.   
 
 8. The term “Cable System” means a facility consisting of a set of closed 
transmission paths and associated signal generation, reception, and control equipment that is 
designed to provide cable service which includes Video Programming and which is provided to 
multiple subscribers within a community, as defined in Section 76.5 of the Commission’s rules.   
 
 9. The term “Charter” means Charter Communications Inc., and its Subsidiaries. 
 
 10. The term “Comcast” means Comcast Corporation and its Subsidiaries. 
 
 11. The term “Comcast-NBCU Order” means the Application of Comcast Corp., 
General Electric Co., and NBC Universal, Inc. for Consent to Assign Licenses and Transfer 
Control of Licenses, Memorandum Opinion and Order, 26 FCC Rec 4238 (2011). 
 
 12. The term “describe” when used with reference to a provision in an agreement 
means, in addition to providing the description requested in the Specification, to state the scope 
of the Video Programming covered by the provision, including but not limited to the type of 
content (e.g. Broadcast Programming Network or cable network and current content or library 
content), the type of distribution (linear stream, VOD or other) and the relevant platform (Cable 
System or Online). 
 
 13. The term “identify,” when used with reference to an agreement, means to state the 
date, the parties thereto, and the type of agreement (e.g., contract, letter agreement, amendment), 
and a brief description of the subject matter. “Identify,” when used with reference to an entity 
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other than a Person, means to state its name, current or last known business address, and current 
or last known business telephone number.  The term “identify” when used with reference to a 
provision within an agreement, means to identify the agreement containing the provision, and 
state the section number, the paragraph number and the page number where the provision 
appears in the agreement.  
 
 14. The term “Multichannel Video Programming Distributor” or “MVPD” means an 
entity, including but not limited to, a cable operator, which is engaged in the business of making 
available for purchase, by subscribers or customers, multiple channels of Video Programming.  
 
 15. The term “Online Video Distributor” or “OVD” means any entity that provides 
Video Programming by means of the Internet or other IP-based transmission path provided at 
least in part by a person other than the OVD. 
 
 16. The term “Pay Per View” or “PPV” means a service that allows MVPD 
subscribers, for an additional fee, to order individual programs, generally live event 
programming.   
 
 17. The term “Person” includes the Company, and means any individual, partnership, 
corporation (including a business trust), joint stock company, trust, unincorporated association, 
joint venture, limited liability company or other entity, or a government or any political 
subdivision or agency thereof.  
 
 18. The term “relating to” means in the whole or in part constituting, containing, 
concerning, discussing, describing, analyzing, identifying, or stating.  
 
 19. The term “Subsidiary” as to any Person means any corporation, partnership, joint 
venture, limited liability company, or other entity of which shares of stock or other ownership 
interests having ordinary voting power to elect a majority of the board of directors or other 
managers of such corporation, partnership, joint venture, limited liability company or other entity 
are at the time owned, or the management of which is otherwise controlled, directly or indirectly, 
through one or more intermediaries, or both, by such Person. 
 
 20. The term “Time Warner Cable” or “TWC” means Time Warner Cable Inc. and its 
Subsidiaries. 
 
 21. The term “Video-on-Demand” or “VOD” means a service which allows 
subscribers to MVPD Service to view individual programs at the time of their choosing 
including, but not limited to, motion pictures, professional video, Broadcast Programming 
Networks, or Non-Broadcast Programming Networks. VOD includes without limitation both free 
programs and programs for which there is a charge. 
 
 22. The term “Video Programming” means programming provided by, or generally 
considered comparable to programming provided by, a television broadcast station or cable 
network, regardless of the medium or method used for distribution, and includes but is not 
limited to: programming prescheduled by the programming provider (also known as scheduled 
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programming or a linear feed); programming offered to viewers on an on-demand, point-to-point 
basis (also known as VOD or PPV); short programming segments (also known as clips); 
programming that includes multiple video sources (also known as feeds, including camera 
angles); programming that includes video in different qualities or formats (including high-
definition, 3D and 4K); and films. 
 
Instructions 
 
 1. Unless otherwise specified, all Information Requests cover the period from 
January 18, 2011, through the date of this Request.  
 
 2. Submit responses to Information Requests in both paper and electronic form, 
unless an electronic form is specified (e.g., electronic spreadsheet).   
 
 3. For each statement submitted in response to the Requests, indicate, by number 
and subsection, the Request to which it is responsive.   
 
 4. Provide a glossary of industry and company terminology.  
 
 5. The specific Requests made herein are continuing in nature.  The Company is 
required to produce in the future any and all information that is responsive to the Requests made 
herein but not initially produced at the time, date, and place specified herein.  In this regard, the 
Company must supplement its responses (a) if the Company learns that, in some material respect, 
the information initially disclosed were incomplete or incorrect or (b) if additional responsive  
information are acquired by or become known to the Company after the initial production.  
 
 6. Any information or communication that is withheld in whole or in part from 
production based on a claim of privilege shall be assigned a control number and noted in the 
Company’s privilege log.   
 
 7. For each control number on the Company privilege log: 
  a. Provide the control number(s); 
  b. Identify all authors of the information or participants in the 
communication; 
  c. Identify all recipients of the information; 
  d. Provide the date of the information or communication; 
  e. Provide a description of the subject matter of the information or 
communication; 
  f. State the nature or type of the privilege that the Company is asserting for 
the information or communication (e.g., “attorney-client privilege”); and 
  g. Provide the number(s) of the Request to which the information or 
communication is responsive.  
 
 8. The Company’s privilege log shall also conform with all of the following 
requirements: 
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  a. Provide a separate legend identifying each author, addressee, and 
participant identified on the Company’s privilege log; 
  b. Identify on the privilege log, and denote with an asterisk, all attorneys 
acting in a legal capacity with respect to the withheld information or communication; 
  c. The description of the subject matter of the information or each 
communication shall describe the nature of thereof in a manner that, though not revealing 
information that is itself privileged, provides sufficiently detailed information to enable the 
Commission to assess the applicability of the privilege claimed; 
  d. Produce all nonprivileged portions of any responsive information or 
communication for which a claim of privilege is asserted;  
  e. The privilege log shall be produced in both hardcopy and electronic form, 
the electronic form of which shall be both searchable and sortable; and 
  g. Information and communications transmitted solely between counsel, 
including in-house counsel acting solely in a legal capacity, and information authored by the 
Company’s outside counsel that were not directly or indirectly furnished to any third party, such 
as internal law firm memoranda, may be omitted from the privilege log.   
 
 
 
 
  
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