1 Before the FEDERAL COMMUNICATIONS COMMISSION

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) Video Description: Implementation of the ) MB Docket No. 11-43 Twenty-First Century Communications and ) Video Accessibility Act of 2010 ) )

REQUEST FOR EXEMPTION OF CNN FROM LIST OF TOP FIVE NONBROADCAST NETWORKS

Warner Media, LLC (“Warner Media) submits this request on behalf of its wholly-owned nonbroadcast programming network, CNN, to be excluded from the list of the top five national nonbroadcast networks subject to the Federal Communications Commission’s (“Commission’s”) audio description rules.1

The Commission’s rules require multichannel video programming distributor (“MVPD”) systems that serve 50,000 or more subscribers to provide 87.5 hours of audio description per calendar quarter on channels carrying each of the top five national nonbroadcast networks.2 In this context, the top five national nonbroadcast networks include only those that both (i) reach 50 percent or more of MVPD households and (ii) provide, on average, at least 50 hours per quarter of

1 See Media Bureau Announces National Nonbroadcast Network Rankings for Purposes of July 1, 2021 Update to Audio Description Requirements, Public Notice, MB Docket No. 11-43, DA 20- 1301 (MB rel. Nov. 2, 2020) (“Public Notice”); see also 47 CFR § 79.3(b)(4); Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Report and Order, 26 FCC Rcd 11847, 11857 ¶ 18 (2011) (“2011 Audio Description Order”). The FCC recently modernized its rules to use the term “audio description” in lieu of the term “video description.” Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Report and Order, MB Docket No. 11-43, FCC 20-155 (rel. Oct. 27, 2020). 2 47 CFR § 79.3(b)(4); 2011 Audio Description Order, 26 FCC Rcd at 11854 ¶ 12.

1 prime time nonexempt programming.3 The Commission updates its list of the top five national nonbroadcast networks every three years to account for changing ratings.4 Networks may seek an exemption from this list if they do not provide at least 50 hours per quarter of nonexempt prime time programming.5

On November 2, 2020, the Commission issued a Public Notice identifying CNN as a potential top-five national nonbroadcast network.6 Warner Media requests that the Commission exempt CNN from the list of top-five national nonbroadcast networks because it does not air, on average, at least 50 hours per quarter of prime time nonexempt programming, i.e., programming that is not live or near-live or otherwise exempt.7 CNN’s prime time programming largely consists of live or near-live news and information programming anchored by journalists such as Wolf

Blitzer, Chris Cuomo, Don Lemon, and Anderson Cooper. CNN’s live or near-live programming airs around-the-clock, except for a two-hour block in prime time Saturdays, a two-hour block in prime time Sundays, and a two-hour block after prime time Sundays. When needed, CNN also provides additional breaking news and other live programming.8

3 Id. 4 47 CFR § 79.3(b)(4). 5 2011 Audio Description Order, 26 FCC Rcd at 11857 ¶ 18. 6 Public Notice at 2. This Public Notice was published in the Federal Register on November 9, 2020, effectively setting December 9, 2020 as the deadline for exemption requests. See 85 Fed. Reg. 71336 (Nov. 9, 2020). 7 “Live or near-live programming” means “programming performed either simultaneously with, or recorded no more than 24 hours prior to, its first transmission by a video programming distributor.” 47 CFR § 79.3(a)(7). 8 At certain times, such as holidays, CNN may provide slightly more nonexempt programming. These periods do not bring CNN’s average of nonexempt programming over the most recent six programming quarters to 50 hours and are not expected to raise its average of nonexempt programming over the coming triennial period to above 50 hours.

The attached declaration of CNN’s Vice President of Business Operations (“Declaration”) explains that a recent examination determined that CNN averaged only 41.7 hours of nonexempt, specifically non-live or near-live, prime time programming over the six quarters through the fourth quarter of 2020. In addition, CNN’s proposed weekly schedule, attached to the Declaration as a programming grid (“Grid”), will also lead to an average of nonexempt prime time programming of less than 50 hours per quarter. CNN anticipates that its schedule for the upcoming three-year period will not vary in a substantial way with respect to the mix of live or near-live programming detailed on the Grid. For these reasons, CNN qualifies for an exemption from the Commission’s list of top-five nonbroadcast networks.

December 9, 2020 Respectfully submitted,

Robert Vitanza Gary Phillips David Lawson

AT&T Services, Inc., on behalf of Warner Media, LLC 208 S. Akard Street, Rm 3011 Dallas, Texas 75202 214-757-3357 [email protected]

3 Before the FEDERAL COMMT]NICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) Video Description: Implementation of the ) MB Docket No. 11-43 Twenty-First Century Communications and ) Video Accessibility Act of 2010 ) )

DECLARATION OF RICHARD ORRELL.JONES

I, Richard Orrell-Jones, am Vice President of Business Operations at CNN. In that

capacity,I am familiar with CNN's programming schedule for CNN.

1. I reviewed CNN programming for the most recent six quarters, from July 1, 2019,

through December 31,2020, to determine the average number of hours of prime-timel

programming that was neither live nor near-live. Although the current quarter will conclude this

month, CNN has determined programming schedule for the rest of this quarter.

2. As set forth in the table below, my analysis identified that the hours of prime-time

programming that were neither live nor near-live ranged from 29 hours per quarter to 73 hours

per quarter, fbr an average of 41.7 hours:

Q3 2019 54 hours Q4 2A19 73 hours Ql 2019 38 hours Q2 2o2A t hours Q3 2A20 29 hours Q4 2o2o 47 hours

I See 47 CFR $ 79.3(a[6) (defining prime time generally to mean the period I to 11 p.m. Monday through Saturday, and 7 to 11 p.m. on Sunday local time).

1 3. In the table above, the Q4 hours are elevated because large blocks of prerecorded programming aired on Thanksgiving Day (13 hours the week of Thanksgiving in 2019 and 10 hours the week of Thanksgiving in 2020) and Christmas Day (20 hours the week of Christmas in

2019). CNN plans a similar amount of prerecorded programming the week of Christmas 2A20.

4. In addition, the attached generic weekly programming grid ("Grid") is representative of the programming that CNN intends to air during the triennial period beginning July 1, 2021, although, as explained above, there will likely be variations during holiday periods.

5. Based on the hours of nonexempt programming shown on the Grid, typically there will be significantly fewer than 50 hours of nonexempt prime-time hours in a quarter.

6. CNN anticipates that its schedule for the upcoming three-year period will not vary in a substantial way with respect to the mix of live or near-live programming detailed on the Grid.

7. In conclusion, CNN does not anticipate airing, on average, at least 50 hours of prime- time programming per quarter that will be neither live nor near-live.

I declare under penalty of perjury that to the best of my information, knowledge, and belief (including information provided by others), the foregoing is true and correct.

Executed December 9, 2020

Richard ones Vice President of Business Operations CNN Worldwide One CNN Center suite sE0904G Atlanta Georgia 30303

Attachrnent: Programming Grid