FEDERAL COMMUNICATIONS COMMISSION in the Matter Of

Home , La Familia Network, U Television, WESH, WKCF, WRDQ

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION W ASIDNGTON, D.C. 20554

In the Matter of ) ) Florida Cable Inc. ) MB Docket No. 15- ) CSR _ ___ Enforcement Complaint Concerillng ) Retransmission Without Authorization of ) WESH(TV), Daytona Beach, Florida, ) WK.CF(TV), Clermont, Florida, and ) WMOR-TV, Lakeland, Florida )

To: Office of the Secretary Attention: Media Bureau

ENFORCEMENT COMPLAINT

Hearst Properties Inc., a subsidiary of Hearst Television Inc. (collectively, "Hearst"), by and through their undersigned counsel, hereby files this Enforc.ement Complaint, pursuant to

Section 76.7 of the Commission's rules, 47 C.F.R. § 76.7, against Florida Cable Inc. ("Florida

Cable") for its continuing and willful violation of Section 325(b) of the Communications Act of

1934, as amended ("the Communications Act"), 47 U.S.C. § 325(b)(l)(A), and Section 76.64 of the Commission's rules, 47 C.F.R. § 76.64(a). Hearst respectfully requests the Commission issue an order compelling Florida Cable to cease immediately its unauthorized retransmission of the signals of broadcast stations WESH(TV), Daytona Beach, Florida, WK.CF(TV), Clermont,

Florida, and WMOR-TV, Lakeland, Florida (collectively, the "Stations"). In addition, because

Florida Cable does not have Hearst's consent or authorization to retransmit the Stations and bas repeatedly ignored Hearst's numerous requests that it cease its unauthorized retransmissions,

Hearst respectfully requests that the Commission initiate a forfeiture proceeding against Florida

- 1 - 3JOS00.6 Cable pursuant to Section 503 of the Communications Act, 47 U.S.C. § 503, and Section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, to penalize Florida Cable for its willful, egregious, and

ongoing violations of the Communications Act and the Commission's rules.

THE PARTIES

1. Hearst Properties Inc. is the FCC licensee of Stations WESH(TV), Daytona Beach,

Florida, WKCF(TV), Clermont, Florida, and WMOR-TV, Lakeland, Florida. WESH and WKCF

operate in the Orlando-Daytona Beach-Melbourne Designated Market Area ("DMA"). WMOR

operates in the Tampa-St. Petersburg (Sarasota) DMA.

2. Florida Cable operates one or more cable systems in the Orlando-Daytona Beach-

Melbourne DMA.

FACTUAL BACKGROUND

3. From January 1, 2012, through December 31, 2014, Florida Cable and Hearst were

parties to a retransmission consent agreement (the "Prior Agreement") governing carriage of the

Stations by Florida Cable. See Declaration of James J. Carter (Aug. 26, 2015), ~ 4 ("Carter Deel."),

attached hereto as Exhibit I.

4. Florida Cable defaulted on the Prior Agreement by failing to pay the monthly

retransmission consent fees it had agreed to pay. Carter Deel.~ 4.

5. By letter dated July 8, 2014, Hearst provided Florida Cable with a notice of its

breach of the Prior Agreement. See Carter Deel. ii 4 (attaching July 8, 2014 letter from Hearst to

Florida Cable). Florida Cable did not cure its breach, and its authority to retransmit the Stations

terminated at 12:01 am on July 19, 2014. Carter Deel.~ 4.

-2- 310500.6 6. By letters dated September 4, 2014, Hearst sent Florida Cable retransmission consent election notices for each of the Stations in compliance with 47 C.F.R. § 76.64(f) for the election cycle commencing January 1, 2015, and ending December 31 , 2017. See Carter Deel. ii 5

(attaching Sept. 4, 2014 retransmission consent election notices from Hearst to Florida Cable).

Each of the notices was received and signed for by Florida Cable. See id. As a result, since

January 1, 2015, Florida Cable cannot retransmit the Stations during the current election cycle on a must-carry basis.

7. By letter dated November 13, 2014, Hearst informed Florida Cable that, notwithstanding Florida Cable's still-uncured default under the Prior Agreement, Hearst was prepared to enter into a renewal retransmission consent agreement if Florida Cable paid the delinquent retransmission consent fees. See Carter Deel. ii 6 (attaching Nov. 13, 2014 letter from

Hearst to Florida Cable). Hearst further informed Florida Cable that if such a renewal agreement were not secured prior to the expiration date of the Prior Agreement, then Florida Cable would have no basis for authorization to retransmit the Stations after December 31, 2014. Hearst received no response from Florida Cable to its November 13, 2014 letter. See id.

8. On December 16, 2014, James Carter, the President and General Manager of

Stations WESH and WK.CF, attempted to reach Florida Cable's CEO and Chairman, David Suarez, by telephone to discuss Florida Cable's retransmission of the Stations' signals. He was not able to reach Mr. Suarez, and Mr. Suarez did not return the telephone call. See Carter Deel. ii 7.

9. The Prior Agreement expired by its terms on December 31, 2014, and Florida Cable made no attempt to enter into a renewal retransmission consent agreement or otherwise to respond to Hearst' s repeated attempts to communicate with Florida Cable about its retransmission of the

Stations' signals.

- 3 - 3 10500.6 10. Upon information and belief, Florida Cable continued to carry the Stations on its systems following the expiration of the Prior Agreement and has continued to do so without

Hearst' s authorization since January 1, 2015.

11. Having received no response from Florida Cable to any of its letters, but having reason to believe that Florida Cable was continuing to retransmit the Stations after December 31,

2014, without Hearst's authorization to do so, Hearst sent Florida Cable a further notice, dated

January 14, 2015, cleai:ly informing Florida Cable that it had lost its authorization to retransmit the Stations and demanding that Florida Cable cease such retransmissions. See Carter Deel. ii 8

(attaching Jan. 14, 2015 letter from Hearst to Florida Cable).

12. Hearst again received no response from Florida Cable and no confirmation that

Florida Cable had ceased its unauthorized retransmissions. Carter Deel. ii 8.

13. On July 21, 2015, two Florida Cable representatives confirmed by telephone that

Stations WESH and WK.CF continued to be available on Florida Cable systems. See Declaration of Lenora E. Boutte (Aug. 26, 2015), irii 2-3, attached hereto as Exhibit II.

14. By letter dated July 23, 2015, Hearst, through outside counsel, made yet another attempt to notify Florida Cable of its breach of the Prior Agreement and its continuing violation of the Communications Act, demanding that Florida Cable cease its unauthorized retransmission of the signals of each of the Stations and noting that its retransmission without Hearst's consent could subject Florida Cable to the imposition of a forfeiture. See Letter on Behalf of Hearst to

Florida Cable (July 23, 2015), attached hereto as Exhibit III.

15. The July 23 letter informed Florida Cable that, if it failed to confirm by August 10,

2015, that it had ceased its unauthorized retransmission of the Stations' signals, Hearst would be left with no choice but to file a complaint with the Commission.

- 4 - 310500.6 16. When Hearst again received no response from Florida Cable, it prepared this

Enforcement Complaint and, at the same time, prepared a further letter informing Florida Cable of its intent to file the Complaint if Florida Cable did not immediately cease its unauthorized retransmission of the Stations' signals and provide written confirmation that it had done so by

August 24, 2015. See Letter on Behalf of Hearst to Florida Cable (Aug. 14, 2015), attached hereto as Exhibit IV. The letter provided Florida Cable with an advance draft of this Complaint and noted that it did so as a final courtesy in one last attempt to avoid an enforcement proceeding at the FCC.

17. In keeping with its now-longstanding pattern of ignoring Hearst's requests that it comply with the retransmission consent laws, Florida Cable did not confirm by August 24, 2015, that it ceased retransmitting the Stations' signals but rather has continued to ignore Hearst's communications and has persisted in its unauthorized retransmission of the Stations' signals.

FLORIDA CABLE CONTINUES TO RETRANSMIT THE STATIONS IN VIOLATION OF THE COMMUNICATIONS ACT

18. Despite its lack of authorization to retransmit the Stations and Hearst's repeated notifications, Florida Cable's channel line-ups continue to list each of the Hearst Stations. See

Exhibit V (providing Florida Cable channel line-up for AstorNo lusia/Pierson, which lists WESH and WK.CF, and the channel line-up for Oak Forest, which lists WMOR, printed August 26, 2015).

19. Section 325 of the Communications Act requires cable systems and other multichannel video programming distributors ("MVPDs") to obtain "the express authority of the originating station" to retransmit a broadcasting station's signal. See 47 U.S.C. § 325(b)(l)(A).1

Absent such consent, no cable system or other MVPD "shall retransmit the signal of a broadcasting

1 Although Section 325(b) sets forth certain limited exceptions to the retransmission consent requirement, none is applicable here.

- 5 - 310500.6 station." Id. The Commission codified this requirement in Section 76.64 of its rules, which further requires retransmission consent agreements to be in writing and to "specify the extent of the consent being granted." 47 C.F.R. § 76.64(a), G).

20. The legislative history of the Communications Act makes clear that Congress intended the retransmission consent regime to "allow broadcasters to control the use of their signals by anyone engaged in retransmission by whatever means." See S . .REP.No. 102-92. (1991 ), at 34.

21. Despite Hearst's repeated attempts to communicate with Florida Cable and its repeated requests that Florida Cable stop its unauthorized retransmission of the Stations' signals,

Florida Cable has refused to cease its unauthorized retransmissions.

22. As the Commission has confirmed, a cable system that "retransmit[s] the signal of a broadcasting station without 'the express authority"' of the broadcaster ''willfully and repeatedly violate[s] Section 325 of the Communications Act ..·. and Section 76.64 of the Commission's rules." Jn re Notice ofApparent Liability for Forfeiture ofBailey Cable TV, Inc., 27 FCC Red

2625, 2625,, 1 (2012); Jn re Notice ofApparent Liability for F01feiture ofBailey Cable TV, Inc.,

27 FCC Red 263 1, 2631, ~ 1 (2012) (collectively, "Bailey Cable NALs").

23. Florida Cable's continued retransmission of the Stations' signals on its systems, in direct contravention of Hearst's repeated statements and instructions, constitutes a blatant, willful, and ongoing violation of Section 325(b) of the Communications Act and Section 76.64 of the

Commission' s rules.

24. The Commission has stated that "properly documented retransmission of a television signal without consent would be grounds for imposition of a forfeiture." Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal

- 6 - 3 10500.6 Carriage Issues, Report and Order, 8 FCC Red 2965, 3005, if 175 (J 993) ("Must-Carry Order"); see also 47 C.F.R. § l.80(a)(2) (declaring that "[a] forfeiture penalty may be assessed against any person found to have ... [w]i llfully or repeatedly failed to comply with any of the provisions of the [Act]; or of any rule, regulation or order issued by the Commission").

25. The base forfeiture for a cable system retransmitting a television station's signal without its express authority is $7,500 per day. See Bailey Cable NALs, 27 FCC Red at 2628, if 8; id. at 2634, if 8; see also In re TV Max, Inc. and Broadband Ventures Six, LLC d/b/a Wavevision,

Forfeiture Order, 29 FCC Red 8648, 8656-57, 8658, ifif 16, 19 (2014) (concluding that MVPD

"consciously and deliberately retransmitted the Stations without having written retransmission consent agreements in place," rendering the violations "willful" and "repeated"; the Commission therefore imposed forfeiture in the amount of $2,250,000); 47 C.F.R. § 1.80.

26. Florida Cable's willful and ongoing violation of the Communications Act and the

Commission's rules should subject Florida Cable to a base forfeiture of $7,500 per day per Station for the period commencing January 1, 2015. The Bailey Cable NALs indicate that such a base forfeiture is appropriate, with each day of unlawful carriage of each Station representing a separate violation. 2

27. In addition, Florida Cable should be ordered to terminate immediately its

unauthorized retransmission of the Stations' signals. The Commission has the authority to enter

2 Hearst makes no request that the Commission make any determination as to whether imposition of a forfeiture is appropriate during the time that Florida Cable retransmitted the Stations' signals without authorization following Florida Cable's breach of the Prior Agreement (i.e., from July 19, 2014, through Deeember 31, 2014) as that involves a private contract between the parties. Imposition of a forfeiture against Florida Cable is appropriate for its continuing retransmission of the Stations' signals since January 1, 2015, following expiration of the Prior Agreement and the commencement of a new retransmission consent/must-carry election cycle for which the Stations elected retransmission consent and for which there is no retransmission consent agreement between the parties.

-7- 3 LOS00.6 such an order. See, e.g., In re Complaint ofNorth Texas Broadcasting Corp., 10 FCC Red 8343,

8344, if 5 (1995) (concluding that "carriage of the signal of [a broadcast station] without its retransmission consent ... having been obtain[ed] is in violation" of the Communications Act and ordering cable system to "inform the Commission that it has ceased carriage of the signal . . . or received the necessary retransmission consent" within 30 days).

WHEREFORE, Hearst respectfully requests that the Commission:

1. Find Florida Cable in violation of the Communications Act .and the Commission's rules;

2. Order Florida Cable to cease immediately its unauthorized retransmission of the

Stations' signals; and

3. Expedite the iojtiation of a forfeiture proceeding and the issuance of a· notice of

·apparent liability to penalize Florida Cable for its willful and egregious violations of the

Communications Act and the Commission's rules.

Respectfully submitted,

HEARST TELEVISION INC. HEARST PROPERTIES INC.

,f)-c~-2.~/ /c.<~ f-_- --·---.... David Kushner Julia C. Ambrose BROOKS, PIERCE, MCLENDON, H UMPHREY & LEONARD, LLP 1600 Wells Fargo Capitol Center P.O. Box 1800 Raleigh, North Carolina 27602 (919) 839-0300

Attorneys for Hearst Television Inc. and Hearst Properties Inc. Dated August 27, 2015

- 8 - 31 0500.6 EXHIBIT I B EFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554

In the Matter of ) ) Florida Cable Inc. ) MB Docket No. 15-__ ) CSR _ _ ___ Enforcement Complaint Concerning ) Retransmission Without Authorization of ) WESH(TV), Daytona Beach, Florida, ) WKCF(TV), Clermont, Florida, and ) WMOR-TV, Lakeland, Florida )

D.ECLARATION OF J AMES J. CARTER

l. My name is James J. Carter. I am the President and General Manager of Stations WESH(TV), Daytona Beach, Florida, and WKCF(TV), Cle1mont, Florida.

2. Stations WESH(TV) and WKCF(TV), together with Station WMOR-TV, Lakeland, Florida, (collectively, the "Stations") are owned by Hearst Prope1ties Inc., ~hich is the FCC licensee of the Stations. Hearst Properties Inc. is a subsidiary of Hearst Television Inc. (collectively, "Hearst"). WESH and WK.CF operate in the Orlrui.do-Daytona Beach-Melbourne Designated Market Area ("DMA"). WMOR operates in the Tampa-St. Petersburg (Sarasota) DMA.

3. I have read the foregoing Enforcement Complaint and am familiar with the contents thereof.

4. From January 1, 2012, through December 31, 2014, Florida Cable Inc. ("Florida Cable") and Hearst were patties to a retransmission consent agreement (the "Prior Agreement") pursuant to which Florida Cable was authorized to retransmit each of the Stations on certain cable systems owned by Floiida Cable. I had negotiated the Prior Agreement on behalf of each of the· Stations. Florida Cable defaulted on the Prior Agreement by failing to pay the monthly retransmission consent fees it had agreed to pay. By letter dated July 8, 2014, Hearst provided Florida Cable with a notice of its breach of the Prior Agreement (see Exhibit I" attached hereto). Florida Cable did not cure its breach, and its authority to retransmit the Stations terminated at 12:01 am on July 19, 2014.

5. On September 4, 2014, I sent Florida Cable retransmission consent election notices for WESH and WKCF in compliance with 47 C.F.R. § 76.64(f) for the election cycle beginning January 1, 2015, and ending December 31, 2017. On that same date, September 4, 2014, Kenneth A. Lucas, then President and General Manager of WMOR, who has since retired, sent to Florida Cable a retransmission consent election notice for WMOR in compliance with 47 C.F.R.

- 1 - § 76.~(t) for the election cycle beginning January l, 2015, and ending December 31, 2017. Each of the notices was received and signed for by Florida Cable. (See retransmission consent election notices from Hearst to Florida Cable, dated September 4, 2014, and siSned return receipts, attached hereto as Exhibit 2.)

6. O~ November . 13. 20 l 4, l sent a letter (attached hereto as Exhibit 3) infom1ing · Florida Cable that Hearst was prepared to enter into a renewal retransmission consent agreement despite Florida Cable's default under the Prior Agreement if Florida Cable paid the delinq1.1ent retransmission consent fees. My letter informed Florida Cable that if the parties did not enter a· new retransmission consent agreement before the Prior Agreement expired, then Florida Cable 'would bave no nuthorizalion to retransmit lhe three Stations afttr December 31, 2014. The U.S. Postal Service return receipt card (attached hereto in Exhibit 3) confirms that Florida Cable received my November 13, 2~ 14, letter. However, Florida Cable never responded.

7. On Decembc1' 16, 2014, l attempted to have a telephone con.versa1ion with Florida Cable's CEO and Chairman, David Suarez, to discuss these matters. I was not able to reach · ·Mr. Suarez, and he di"d not return my telephone call..

8. Alter 'the expiration of the Prior Agreement on December 31, 2014, upon information and bcliet~ Florida Cable continued to retransmit the signals of all three Stations. Accordingly, by letter dated January 14, 2015 (attached her~to as Exhibit 4), Hearst informed Florida Cable that it was no longer authorized to retransmit the Stations' signals and demanded that it immediately cease the unauthorized retransmission. The U.S. Postal Service return receipt card (uttached hereto in Exhibit 4) confirms that Florida Cable received the January 14, ~O 15, letter. Again, Flol'ida Cable did not respond to the letter.

9. I have reviewed the foregoing Enforcement Complaint ruid found the factual matters set forth therein to be true and correct lo the best of my knowledge and belief. In addition, to the best of my knowledge, information, and belief formed after . reasonable inquiry, the Complaint is well grounded in fact ru1d is wananted by existing law or a good faith argument for the extension, modification, or reversal of e~islii1g law, ru1d it is not interposed for any improper purpose. I declare under penalty of pe1jury thatthe foregoing is true and correct.

Pres ent u encrnl Manager WESH(TV) I WKCF(TV) 1021 No1th Wymore Road Winter Park, Florida 32789

Dated August 26, 2015

. -2- EXHIBIT 1 M § & oo $ TI' television inc

]011at!ran C. lifit1fzer July 8, 2014 . Vice P."tsidmt & General 0J11111d Via Certified U.S. Mail. Rerurn Receipt Relm'231ed

Florida Cable Attn: John Russo, General Manager i3sos State Road 40 Astor, Florida 32101

Re: Digttal Retransmission Conseni Agreement

Dear Mr. Russo:

Florida Cable is in breach of the Retransmission Consent Agreement bet\Veen Florida Cable TV Networks, Inc. and Orlando Hearst-Argyle Television, Inc. ("Hearst") commencing Januar1I,2012 (the 0 ..Agreement ). Pur~uant to the terms of t,'1e Agreement., Florida Cable agreed to pay Hearst a monthly retransmission ·consent fee (the '4Monthly Fee") in exchange for Hearst's consent to the retransmission of the digital and analog signals of television stations WESH, WKCF and WMOR to Florida Cable's subscribers. Since the inception of the Agreement, Florida Cable has failed to pay Hearst the-agreed-upon Monthly F'ee, despite repeated inquiries by the stations.

PLEASE TAKE NOTf CE that Hearst is hereby terminating the Agreement unless Florida Cable pays .Hearst all past due amounts, plus interest at the rate ofone and one-half percent (1 .5%) per month (as required under the Agreement), by July 18, 2014. Based upon infonnation provided by Florida Cable, we estimate the past due amount, including interest, a~$ U . If said$] U amount is not paid in fu ll by July IS, 2014 the Agreement shall automatically tenninate. If so tenninated, Florida Cable's authorization to retransmit the signals of television stations WESH, WKCF and WMOR shall end ai 12:01 AM, July 19, 2014. .

Furthennore, such tennination shall be in addition to, and not in lieu of, all additional rights and remedies Hearst may have as a result of Florida Cable's material breach of the Agreement, which may also include· all amounts due under the Agreement, together wit.it costs, interes4 and reasonable aitomey's fees incurred in collecting such amounts.

Please contact the undersigned if you have any questions.

Jim Ca1ter, General Manager, WESH~TV/WKCF·TV Ken Lucas, General Manager, WMOR-TV David Kushner, Esq.

300 W.fut 57tb Str.:l'I New 1~1k, NY 10019-.J7R9 T 212 887 6817 F 212 887 6855 EXHIBIT2 JAM!!;S JI.

Th\ CERTIFIED U.S. MAIL RETURN REC~IPT REQUESTED September 4, 2014 JAMES PIERCE, GM FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Re: · 2015al01'i Three-.Y ear Elc~ti on for Retr~nsm ission Consent Dear Sir or Madam:

. In accord~mce with Secticm 76.64 of the· Rules of the Federal Communications Commission ('~Fee~'), this is io notify you that Station WESH-TV and WESH-DT Orlando Florida, (the "Station") elects to require FLORIDA CABLE INC, which serves the community(ies) and/or county(ies) and unincorporated areas within those community(ies) and county(ies) listed on the enclosed 2015~2017 Retransmission Consent Election Statement, to obtaiJ;l the consent of the Station for retransmission of its broadcast signal effective January 1, 2015, through December 31, 2017. Consent of the Station for retransmission of its signal· will be required .for, but not limited to~ the system(s) serving the com.munity(ies) and c9unty(ies) listed on the enclosed Election Statement

I would appreciate your contacting me to discuss the tenns under which the sys~em(s) may retransmit the Station's signal. If you already have a retransmission consent agreement v.. ith the Statfon or with Hearst Television Inc. or a subsidiary thereof (collectively, .. Hearst") that covers the Station for all or a portion of the January 1, 2015, tltrough December 31, 2017, cycle, then the tenns of that agreement vi.ill govern for the period specified in the agreen:ient. If such an agreement expires prior to December 31, 2017, then it will be necessary for you to negotiate for retransmission consent following that expiration. In addition, if any retransmission consent agreement between you and the Station or Hearst contains an automatic renewal provision, then this letter shall also senre·as notice of termination of that agreemen~ and it ".ViJl be necessary for the system(s) to negotiate for retransmission consent following expiration of the current term of that agreement.

Sincerely, Enclosure ~~JaSLe; cc: Public File President/General Manager

1021 North Wymore Road· Winter Parfl. FL 32769 ·TEL 407 G45 • 2222 Ext.7200 ·FAX 407 539-7812

Wl!SM 2 I W~Sf-l.CC>f. l I l·l eTV I CW10 I CWlel\!.COM j 'l' MI S TV l ESIAr::t.1.A VV t ORL~NOO MY tV/4.\' rn fJ t:J. C-J G 'ii' lelevhion inc :W I I IS. I .-

2015-2017 RETP~SMJSSION CONSEJ\ff ELECTION STATEMENT FOR STATION WESHwTV and \VESH-DT

Tiils Statement constitutes the election, pursuant to Section 76.64 of the .Rules of the Federal Communications Commission, by Orlando Hearst Television, Inc., licensee of Station WESH-TV and WESH-DT, Orlando, Florida (the "Station"}, to require FLORIDA CABLE INC to obtain the Station's consent beginning January 1, 2015, for retransmission of its broadcast signal by, but not limited to, the cable or multichannel video programming distribution system(s) serving the follovJing community(ies) and county(ies), any unincorporated areas wiLhin these community(ies) and county(ies); and any other areas within the Station's Designated Market Area not specified below:

ASTO~ LAKE, FL 0 ASTOR. VOLUSIA $FL - OAK SPRINGS MHP LAKE, FL ASTATULA LAKE, FL SILVER SPRINGS, MARION, f'L • ANTHONY, MARION; FL - HA \VTI-IORNE

ALACJWA, FL v HAWTHORNE, PUTNAM, FL· ZELL WOOD, ORANGE, FL~ SAINT CLOUD, OSCEOLA, FL 0 KENANSVILLE, OSCEOLA~ FL~ OCALA MARION, FL: OLD TOWN DIXIE, FL - CLERMONT, L&XE, FL

This election is effective for the period beginning January 1, 2015, and terminating as of December 31, 2017.

This will certify that this Statement will be placed in t.h.e Station!s public file no later than ·October 1, 2014, and was mailed by certified U.S. mail, return receipt requeste~ on September 4, 2014 to the following cable system(s):

FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Station: WESH-TV ·

Date: Sepiember 4, 2014 By: ~~J e J. Carter . P::nt/General Ma.tlager

2811[42 .·. .. ~ .

JAC-llra5 J. ~A ifi"ra~ PRESIDENT & GENEMl. MANAGE~

VIA CERTIFIED U.S. MML RETURN RECEIPT REQUESTE[i) Sept~mber 4, 2014

JAMES PIERCE, GM FLORIDA CABLE INC 23505 SR40 · ASTOR, FL 32102

Re: 2915-2017 '1fh 1·e~Year Election for Reb.-~ilsmissio~ Comumt

Dear Sir or Madam:

In accordance with Sectio11 76.64 of the Rules of the Federal Communications Commission ("FCC"), this is to notify you that Station WKCF and V!KCF-DT, Orlando Florida, (the. "Station") elects to require FLORIDA CABLE INC, which serves the conununity(ies) and/or county(ies) and unincorporated areas within those community(ies) and county(ies) listed on the enclosed 2015-2017· Retransmissimi Consent Election Statemen~ t9 obtain the consent of the Station for retransmission of its broadcast sign~ effective January 1, 2015, through December 31, 2017. Consent oftlte Station for retransmission of its signal will be required for, but not limited to, the system(s) serving the community(ies) and county(ies) listed on the enclosed Election Statement. ~

I would appreciate yow· contacting me to discuss the terms under which the system(s) may retransmit the Station's signal. If you al.ready have a retransmission consent agreement with the Station or with I:Iearst Television Inc. or a subsidiary thereof (collectively, "Hearst") that covers the Station for all or a portion of the January 1, 2015, through December 31~ 2017, cycle, tl1en the tenns of that agreement vvill govern for the peiiod specified in the agreemen~ . Ifsuch an agl'eernent expires prior to December 31, 2017, then·it v.ril.l be necessary for you to negotiate for retransmission consent follovJing ~1at expir-ation. In addition, if any retra11smissio11 consent agreement between you and the Station or Hearst contains an automatic renewal provision, then this letter shall also serve as notice of termination of that agreement, and it will be necessai.J' for the system(s) to negotiate for retransrriJssion consent following expiration of the current term of that agreement.

Enclosure

cc: Public File

1021 Nor~h Wymora Ro.st! · Winter Part~. i-L 32/89 ·TEL 407 G4!i·2222 E>tt.7200 ·FAX 407 5.39·71H2 W!f:SH 2 I Wl!SM.ccm I Manr I cwi a I 1;wiaTV.COM I n-11 s TV I ESTRa l.t. :'), IV I ~HH. ANDO M~' WAY f;J o ~ rn s ii television inc 28 11 l U. I 2015-2017 RETRANSMISSION CONSENT ELECTION STATEMENT FOR STATION vVKCF-TV and WKCF-DT

This Statement constitµtes the election, pursuant to Section 76.64 of the Rules of the Federal Communications Commission, by Orlando Hearst Television, Inc., licensee of Station WKCF-TV and WKCF-DT;Orlaudo, Florida (tlte "Station"), to require FLORIDA C::ABLE INC to obtain the Station's consent beghming Ja.nuazy 1, 201 5, for retransmission of its broadcast signal by, but not limited to, the cable or multichannel video progi·amm.ing distribution system(s) serving the following community(ies} c;i.nd county(ies), any unincorporated areas within these commwtlty(ies) and county(ies), and any other areas within the Station's Designated Market Area not specified below:

ASTOR, LAKE, FL - ASTOR, VOLUSIA, fL, - OAK SPRINGS MHP LA.KE, FL - ASTA TULA LAKE, FL - SILVER SPRINGS MARION, FL - ANTHONY MARION, FL - HAWTHORNE ALACHUA, FL - HAWTHORNE PUTNAM, FL - ZELLV/OOD ORANGE, FL • SAINT CLOUD OSCEOLA, FL - KENANSVILLE OSCEOLA, FL - OCALA MARION, FL~ OLD TOWN DIXIE, FL - CLERMONf LAKE, FL

This election is effective for the period beginning January l , 2015, and terminating as of December 31, 2017. ·

This will certify that this Statement will be placed in the Station's public file no later than October l, 2014, and was mailed by certified U.S. mail, return receipt requested, on September 4, 2014 to the follo'Ning cable system(s):

FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Station: WKCF-TV

Date: September 4, 2014 By:

2SllM.2

Septembe-14, 2014

VIA CERTIFIED U.S. MAD.. RETURN RECEIPT P..EQUESTED

James Pierce Florida Cable P.O.Box498 Astor, FL 32102

Re: 2015-2017 Tb1•e&-Year Election for Reta·ansmission ·consent

Dear Sir or Madam:

In accordance with ·Section 76.64 of the Rules of the Federal Commt.mications Commission ("FCC"). "this "is to notify you that Station WMOR-TV, Tamp~., Florida (the "Statiorr') elects to require Florida Cable which serves the community(ies) and/or county(ies) and unincoiporated areas within those· community(ies) and county(ies) listed on the ·enclosed 2015-2017 Retransmission Consent Election Stat».ment, to obtain the consent of the Station for retransmission of its broadcast signal effective January I, 2015, through December 31, 2017. Consent 0£ the Station for teti&.ns~""'Si.on of its signal will be required for, but not limited io, the · system(s) serving the community(ies) and county(ies) listed on the enclosed Election St:ateme~

I would appreciate your con.tactiug me to discuss the terms under which the system(s) may retransmit the Station's signal.. Ifyou already have a retransmission consent agreeme.nt with the Station or with Hearst Television Inc. Qr a subsidiaxy thereof (collectively, "I-Iea..rsf» that covers the Station for all or a portion of the January 1; 2015, through December 31, 2017, cycle, ·then the terms oftl~at agreement will govern for the period specified in the agreement. If such an agreement expires prior to December 31, 2017, then it will be necessary for you to negotiate for retransmission consent following that expiration. Jn addition, if any retransmission consent agreement between you and the Station orHearst·contains an automatic renewal provision, then this letter shall also serve as notice of termination of that agreement, and it will be necessary for the system.(s) to negotiate for retransmission consent following expiration of the current tenn of that agreement. Sincerely,

Enclosure

cc: Pu.blic File President and Geueral ~.nager

2lltll3.I 2015-2017 RETRANSMJSSION CONSENT ELECTION STATEMENT FOR STATION WMOR

This Statement constitutes fue election, pul'suant to Section 76.64 of the Rules of the Federal ·communications Comniission, by Hearst Properti~ Inc. of Station \VMOP~ T8mpa, FL (the "Station"), to require. Florida Cable to obt.ain the Station's consent beginning JanUfily 1, 2015, for retransmission of its broadcast signal by, but not limited to, the cable or multichannel video programming distribution system(s) serving the following community(ies) and county(ies), any unincorporated areas within th~e community(ies) and oounty(ies), and ~my other areas ·within the Station's Design~.ted Market f\reai1ot specified below:

Heman do

This election is effective for the period beginning January I, 2015, and tennin~ting as of December 31, 2017.

This will certify that this Statement will be placed in the Station's public file no later than October l, 2014, and was mailed by certified U.S. mail, refum receipt requested, on Septemb~r 8, 2014 to the following cable sy~tem(s):

Jaraes Pierce Florida Cable P.O. Box498 Astor, FL 32102

Station: WMOR

September 8 · .Date:------"°' 2014 By: · ~-~~~~~~~~ President and General Manager

281114.2 2015-2017 RETRANSMISSION CONSENT ELECTION STATEMEl\IT FOR STATION WMOR

This Statement constitutes fue election, pursuant to Section 76.64 of the 'Rules ·of the Federal Communications Cor.am.issiori~ by Hearst Properties Inc. of Station WMOR, Tampa, FL (the "Station'», t~ require Florida Cable to o~tcin the Station's consent beginning Januaty 1, 2015, for retransmission of its broadcast signal by, but not limited to, the cable or multichrumel video programming distribution system(s) serving the following community(ies) ru.1d county(ies). any unincorporated areas within \h§Se comm.unity(ies) and county(ies), and any other 8reas within the Station's Designated Market ..Area not specified below; ·

Citrus This election is effective for the petiod beginning Januacy 1, 2015, ancl terminating as of December 31, 2017. ' This will certify that this Staternerri: will be placed in the Station's public file no later than October 1, 2014, and was mailed by certified U.S. mail, return receipt requested, on September 8, 2014 to the following cable system(s):

James Pierce Florida Cable P.O. Box498 Astor, FL 32102

Station: WMOR

~ Seplemb& 8 "'Ol ' D aie: ______.J .t.: 4 By: KO:s: President and General Manager

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November 13, 2014

yia Certifi~ U.S. ~n . Return Re.:!elnt Roouestgd

Mr. James Pierce Florida Cable 23505 Staie Rend 40 Astor~ Florida 32102

Dear Mi'. Pierce: Hearst•s eumnt Re~smission Cons~nt Agreement ("Agreemeot'} with Flor Ida Cable will expire on Dec.amber 31, 2014. Florida Cable is in default ofth at Agreement due to the failure to pay Henrst the contractually agreed upon consideration required thereunder. The cun-ent delinquent amount is

Heam is prepared to offer Florida Cable a. reliewal agreement upon remittance oftbe outstanding SlTcOUi'lt. If that amount is not paid in full and a renewa1agreemen t is not secured prior to the ei

Nothing herein is intended to nor shall act to waive any rights and remedies Hearst rnt\y have as a result of Florida Cable's material breach of the Agreement,. whiE:h may also include all amounts due under the Agreement, together with costs, interest, and reasonable attomets fees incurred in collecting such amou1us. · Please contact me ifyou have any questic.ms.

Very truly yours, g:;.~ President &. GeneraJ Manage-. WESH-1VIVIKCF0 TV

cc: Ken Lu~ General Mam1ger, WMOR-TV Jonathan C. Mintzer, Esq. David Kushm~•. Esq. 1021 Nortil Wymore Road· Winter ~or l<, fl. 32789 • iEL 407 645-2222. ~ llt. 1200 •FAX 407 SlS\~7812 wrzs~ 2 I WESM.COM I M aTV I c w 1a I c w 107v.cOM I 'i'lilS TV 1U Y ~l! U.A ;v I ORLMJl)O wv vu1:1 Ill! o FA m9 'ii' television inc ...· .· EXHJBIT4 January 14, 2015

Via Certified U.S. Mail4Return Receipt Requested

Florida Cable Attn: John Russo, General Manager 2350) State Road 40 Astor, Florida 32101

Re: No Reh·ansmission Consent Agreemeni for Stations :wESH, WKCJF ~md Vt"MOR.

Dear Mr. Russo:

PLEASE TAKE NOTICE that-Florida Cable has lost its authorization to retransmit the signals of television stations \'{ESH, WK.CF (both stations in the Orlando-Daytona Beach-Melbourne DMA) and WMOR (in the Tampa-St. Petersburg-Sarasota DMA).

EFFECTIVE IMMEDIATELY, cease all transmissions, retransmissions and distributions of any kind ofeach of the foregoing stations, including all the stations' programming a..11d other content and materials. . . Florida Cable's failure to immediately comply with the demands of this notice letter may result in claims of copyright infringement, violations of the Communications Act and FCC regulations, and fines, penalties and da.rnages associated therewith together with ~osts, interest, and reasonable attorney's fees incurre~ in pursuing su.ch claims.

Please confirm to me that you have ceased all distribution ofWESH-TV, \VKCF-TV and WMOR-TV.

No~h i ng in this letter act or be dee.med to waive any rights or remedies of any of the foregoing stations or their respective owner~ for the retransmission, exhibition or other distribution of any of the aforementioned stations, or any content or materials of the stations, without appropriate permissions, licenses or other authorizations. Please contact the undersigned if you have any questions. ·

Very truly yours,

Jonathan C. Mintzer

cc: Jh11 Carter, General Manager, WESH(TV)/WKCF Ken Lucas, General Ma.11ager, WMOR-TV David Kushner, Esq. SENDER: COMPLETE THIS SECTION cor.;PLETF THI"- .'-,,fl 11 ..J:·: 0 1: L)EL't Enr · • Complete items 1, 2, and 3. Also complete item 4 h' Restricted Delivery is desired. • Print your name and address 0n the reverse so that we can return the card to )-'OU. • Attach this card to the back of the mai:Piece, c. Dateai~~ or on the front if space pennits. 10, . LlJf' D. lsdelvetyaddruscllrerootfromitem 1? 0 Yes 1. Article Addressed to:. If YES, enter de!lve.-y add!eM be!Gw: $No FlUf'irJ.JA. cc.. Mt.. .a Hy. ·. \Jbhn ~ \) o?Jf~j' ~hk t~ I.JO 3. Servfce Type l a~ ;:/._. .kJ1DJ ~ified Mall D ~Mal l ~ Cl Regietered D Return R~pt for Marchand!M l Cl Insured Mail D c.o.o. __,_ 1 4. Restricted Dlllivety? (Extra Frle) 0 Y..s ~

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J I 1· s~... ~'"" tCc.~. lh;s . . llt tJ."11 TV. Jtn ~}.' cf"i~ ·uny f; ~~ ~ .. .I ~~ _ Va&, :tJv (l»i;.. EXHIBIT II Htfto nE TJm l?EDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554

Jn the Matter of ) ) Florida Cable Inc. ) MB Docket No. 15- ) CSR . - Enforcement Complaint Concerning ) Retransmission Without Authorization or ) WESH(TV), Daytona Beach, Florida, .) WKCF(TV), Clennont, Florida, and · ) WM OR-TV, Lakeland, Florida )

DECLARATION OF LENORA E. DOUTIE

1. My name is Lenora E. Boutte. I serve as the Director of Programming and Public Affairs for Stations WESH(TV), Daytona Beach. Florida, and WKCF(TV)~ Clermont, Florida.

2. On the morning of July 21, 2015, I called the offices of Florida Cable Inc. ("Florida Cable") at approximately 9:00 a.m. I spoke with the receptionist, who did not provide her name. I asked whether Florida Cable provided cable television service in the Astor, Florida, area. She said yes. 1 then asked the receptionist if all local stations were available on Florida Cable's systems, since I wanted to be sure that 1 received loc~l weather and news infonnation, She said yes buf noted that Florida Cable was currently involved in a contract dispute with WFTV, which they ho1;ed to ha~1 e tcsolvcd soon. · ·

3. Later that morning, I made a second telephone call to Florida Cable at approximately 11:00 a.m. I spoke with a different employee of Florida Cable who provided only her first name, Karina. I told Karina that I had spoken with another Flolida Cable employee earlier in the dny and wanted to confinn tbat Florida Cable carried the Orlando market television stations, including WESH nnd WKCF. l,(mina said Uiat that was correct, although she repeated that Florida · Cable was then currently involved in a dispute with WFTV.

4. I declare under penalty of pe1jury that the facls contained herein are true and c01Tcct to the best of my knowledge, infonnation, ruid belief form rtc1: rcusonablc ·nquiry.

Direclor of Progmmrning and Public Affairs WESH(TV) I WKCf(TV) " 1021 North Wymore Road Winter Park, Florida 32789 Dated August 26, 2015 EXHIBIT Ill 1600 WELLS FARGO CAPITOL CENTER BROOKS ""- 150 FAYETTEVILLE STREET RALEIGH, NC 27601 - ·~ PIERCE FOUNDED 1897 T 919.839.0300 F 919.839.0304 WWW.BROOKSPIERCE.COM

July 23, 2015

Via O vernight Courier and Certified U.S. Mail, Return Receipt Requested

Mr. Gary M. English President Florida Cable Inc. 23505 State Road 40 · Astor, Florida 32102-2907

Re: Retl~ansmission of Stations WESH(TV), WKCF(TV), and WMOR-TV Without Authorization

J?ear Mr. English:

·This firm is outside legal counsel. to Hearst Television Inc. and its subsidiary Hearst Properties Inc. (collectively, "Hearst"), licensee of Stations WESH(TV), Daytona Beach, Florida, WK.CF(TV), Clermont, Fl01ida, and WMOR~TV, Lakeland, Florida (the "Stations").

Upon information and belief, Florida Cable Inc. ("Florida Cable") continues to retransmit without authorization the broadcast signals of the Stations despite previous notices to Florida Cable of the lack of sw::h authorization.

From January l, 2012, through December 31, 2014, Florida Cable and Hearst were parties to a retransmission consent agreement (the "Prior Agreement") governing caniage of the Stations by Florida Cable. Florida Cable defaulted on the Prior Agreement by faµing to pay Hearst the required monthly retransmission consent fees it agreed to. By letter dated July 8, 2014, Hearst provided Florida Cable wiih a notice of its br~ach of the Prior Agreement. (See breach letter from Hearst to Florida Cable, dated July 8, 2014, attached hereto as Exhibit A)

By letters dated September 4, 2014, Hearst sent Florida Cabl~ retransmissioll' consent election notices for each of the Stations in compliance with 47 C.F.R. § 76 .. 64(f) for the election cycle commencing Jan~rnry 1, 2015, and ending December 31, 2017. Each of the notices was received and signed for by Florida Cable. (See retransmission consent election notices from Hearst to Florida Cable, dated September 4, 2014, and signed return receipts, ~ttached hereto as Exhibit B .) Consequei1tly, Florida Cable cannot retransmit the Stations on a must carry basis.

309037. l l\!fr. Gary M. English July 23, 2015 Pa:ge 2

By letter dated November 13, 2014, Hearst informed F101ida Cable that, despite being in default of the Prior Agreemeut, it was prepared to enter into a renewal retransmission consent agreement if Florida Cable paid the delinquent retransmission consent fees, and Hearst fmther informed Florida Cable that if such a renewal agreement were not secured priot to the expiration date of the Prior Agreement, then Fiorida Cable wonld have no basis for authorization to retnmsmit the Stations after. December 31, 2014. (See letter from Hearst to Florida Cable, dated November 13, 2014, attached hereto as Exhibit C.)

Having received no response from Florida Cable to any of its letters, but upon information and belief that Florida Cable was continuing to retransmit the Stations after December 31, 2014, without any basis for authorization to do so, Hearst sent Florida Cable a further notice, dated January 14, 2015, clearly informing Florida Cable that it had lost its authorization to retransmit the Stations and demanding that Florida Cable cease such reti:ansmissions. (See cease and desist letter from Hearst to Florida Cable, dated january 14, 2015,. attached hereto as Exhibit D.) Notwithstanding the request that Florida Cable confirm that · it had ceased its unauthorized retransmissions, Hearst received no response from Florida Cable. ·

Despite its lack of authoriZation to retransmit the Stations, Florida Cable's channel line-ups continue to list each of the Hearst St~tions (see Florida· Cable channel line-ups for Astor/Volusia/Pierson listing WESH and WKCF and for Oak: Forest listing °Wr'ilOR, printed July 22, 2015, attached hereto as. Exhibit E), .and, recently, a Florida Cable representative confirmed by telephone that the Stations are available on Flolida Cable systems.

Mr. English, I cannot stress enough the seriousness and urgency of this matter.

Retransmission.of a television station's signal without the station's exmess authorization . ~ is a· violation of the federal Communications Act of 1934, as amended.

The Fe.deral Corr).munications Commission ("FCC") has stated that the base forfeiture for a cable system retransmitting a television station's signal without its· express authority is $7 ,500 per day. See Bailey Cable TV, Inc., DA 12-420 (released Mar. 16, 2012); Bailey Cable TV; Inc., DA.12-421 (released Mar. 16, 2012); TV Max, Inc. and Broc1dband Ventures Six, 1.LC, Forfeiture Order, FCC 14-95 (released July 7, 2014) (ordering .$2,250,000 fo1feiture for retransmissions without authorization) ..

Florida Cable's retransmission without authorization of these three Hearst Stations' signals could subject Florida Cable to a base fmfeiture of $7,500 per day per Station, with the amount subject to increase for each day that Floiida Cable continues to retransmit the signals without authorization. Even putting aside auy period of time during the Prior Agreement during which Florida Cable retransmitted the Stations after the Prior Agreement was terminated for breach, in .calendar year 2015 alone, Florida Cable has ret.J.:ansmitted the Stations for two hundred four (204) days tlu·ough today (July 23, 2015). At the base forfeiture amount, Florida Cable could be subject to a forfeiture of $4,590,000. This amount could be increas.ing by $22,500 per day for the three Stations for each additional day that Florida Cable continues to retransmit the Stations' signals with authorization. The TV Max case, cited above, establishes that the FCC will issue forfeitures Mr. Gary M. English July 23, 2015 Page3 in the millions of dollars even to small cable operators that violate the Communications Act's retransmission consent requirement.

~ PLEASE TAKE NOTICE that if Florida Cable does not immediately cease retransmission of each of the Stations on Florida Cable's systems and provide written confirmation ·to the undersigned no later than Monday, August 10, 2015, then Hearst will file a complaint with the FCC seeking au order directing Florida Cable to cease jts unauthor~zed retransmission of the Stations and further seeking the imposition of the maximum forfeiture for Florida Cable's egregious conduct.

In addition, you should be aware that each of the Stations' signals contains progranuning for which the Station is the copyright owner or licensee. J?istribution of such·prograrnming without authorization is a violation of the.federal Copyiight Act of 197 6, as amended. Willful infringement of copyrigl1ted material may subject the infiinger to statutory damages of as much as $150,000 per infringement. · ·

Nothing in this letter shall be deemed to waive any rights or remedies that Hearst or the · Stations may have, including, but not limited to, the right to file a copyright infringement action again~t Florida Cable or the right to collect the delinquent amounts owed by Florida Cable under the Prior Agreement. ·

As indicated herein, if you do not immediately cease and desist your unautho1ized retransmissions, Hearst will take action to vigorously enforce its legal rights.

Please direct all communications concerning this matter to-the undersigned.

Sincerely,

David Kushner Counsel to Hearst Television Inc. and Hearst Properties Inc.

cc: Mr. David S. Suarez, CEO & Chairman, Florida Cable Inc. . (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested) Mr. James Pi~rce, Vice President, ~lorida Cable Inc. (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested)

Jonathan C. Mintzer, Esq . . Frank Biancuzzo Jim Carter Pamela Barber EXHIBIT A i:l ~ & ~ $ 11~ television inc

Jo11athan C. Miniw1· July 8, 2014 Vire P.-e1idmt & General Gimm/

Florida Cable Attn: John Russo, General Manager 23505 St.ate Road 40 Astoi-, Florida 32101

Re: Digital Retransmission Cm.mm~ Agreement

Dear Mr. Russo:

Florida Cable is in b1·each of the Retransmission Consent Agreement between Florida Cable TV Networks, Inc. and Orlando Hearst-Argyle Television, Inc. ("Hearst") commencing Januar1 I, 2012 (the "Agreement"). Pu~uant to the terms of the Agi"eement, Florida Cable a~ed to pay Hear-st a monthly retransmission consent fee· (the "Monthly Fee") in exchange for Hearst• s consent to the retransrnission of . the digital and analog signafs of television stations WESH, WKCF and WMOR to Fiorida Cable,s subscribers. Since the incet:ition of the Agreement, Florida Cable has failed to pay 1-Jearst the agreed-upon Monthly Fee, despite repeated inquiries by the stations.

PLEASE TAKE NOTICE that Hearst is hereby tenninating tlie Agreement unless Florida Cable pays .Hearst all past due amounts~ plus in'ferest at the rate of one and one-half percent (1.5%) per month (as 1·equired under the Agreement)~ by July 18, 2014. Based upon information provided by Florida Cable, we estimate the past ·due amount, including interestt at$ ff said $ amount is not paid i11 fo ll by July 18, 2014 the Agreement shall automatically terminate. Ifso te1minated, Florida Cable's authorizatimi to retransmit the signals of television stations WESH, WKCF and WMOR shall end at 12:01 AM, July 19, 2014. . ·

Furthennore, such termination shall be in addition to, and not in lieu of, all additional rights and remedies Hearst may have as a result of Florida Cable's material breach of the Agret!mem, which may also include all amounts due under the Agreement, together with costs, interest, and reasonable attorney's fees incurred in collecting such amol!nts. ·

Please contact the undersigned if you have any questions.

onathan C. Min ·e·r

Jim CarJI', Genera; Manager, WESH-TV/WKCF·TV Ken Lucas, General Manager, WMOR-TV David Kushner, Esq.

.wo Wfat 57th Str~d l'Jru· 10ik, N \' !00;9-.37R9 T :!I;) 887 68:7 ..:: :?!;.. 88"? 6855 E1CT-IIBITB JAMES J . CAR'i'ER PRESiDENT & GENERA!.. Mi'.l~AGER

VIA CERTIFIED U.S. f-AAIL RETURN RECEIPT REQUESTED September 4, 2014 JAMES PIERCE, G:M: . FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Re: 2015-2017 Thre&o Year Election for Re~rm1sm ission Conf1ent Dear Sir or Madam:

In accordance vJith Section 76.64 of the Rules of the Federal Commu.i1icatio11s Comn1ission (''FCC"), thls is to notify you thai Station WESH-TV and WESH-DT Orlando Florida, (the "Station'-') elects to require FLORJDA CABLE INC, which serves the community(ies) and/or cmmty(ies) and u._nJncorporated areas with.in those com.munity(ies) a.rid county(ies) listed on the enclosed 2015 ~2017 Retra.i'1Smission Consent Election Statement, to obtaii;t the coilSent of the Station for retranstl'l.i.ssion of its broadcast signal effective January 1, 2015, through December 31, 2017. Cmisent of the Station for retransniJssion of its signal will be required for, but not limited to, the system(s) serving the community(ies) a.ild c9u.nl-y(ies) listed on the enclosed Election Statement.

I v10uld appreciate yolli' ~ontacting :me to discuss t11e terms under which the sys~em(s) may retransmit the Station's sign!:!I. Ifyou afready have a retransmission consent agreement with the S£ation or with I-Ieai-:-st Television Inc. or a subsidiEU"/ thereof (collectively9 '"Hearsth) that covers the Station for all or a portion of the January 1, 201 5, tiu:ough December 31, 2017~ cycle, then the tenns of that agreement viill govern for the period specified in tl1e agreement. If such an agreement expires prior.to December 31, 201 7, then it will be necessary for you to negotiate for retransmission consent follovling that expiration. Ln addition, if any retransmission consent agreement between you and t!1e Station or Hearst contains an a·utomatic renewal provision, then this letter shall also serve·as notice of termination of that agreement, and it ~11 be necessaq for the system(s) to negotiate for retransmission consent following expil'ation of the current tem1 of that agreement. .

Sincerely, Enclosme (\_(\~~:futis®erIi: ------ cc: Public File President/General Manager

1021. North Wymor~ Roa cl· Wint.zr Parf;, t=L :'>2739 • TL:L 407 G45 •?. 222 E);t. 7200 · F/.\X 407 S39· 7al2 Wf.!SM?. I Wl!lHl.COM ! Mal'\' I \;Vh6 I CW28T V.CCIM I YM IS IV I ~S'iflE l,lf~ i\J j ORLMHJO MY W~¥ ! • • • CJ G t'.:. r~ o 'ii' tetevsston mr, i.ttnS.l 2015-2017 P...ETRANSi~liSSION CONSENT ELECTION STATEMENT FOR STATION WESH-TV and WESH-DT

This Statement constitutes the election, pursua11t to Section 76.64 of t.lie Rules of the Federal Communications Commission, by Orlando Heiu""St Television, Iuc., licensee .of Station V.fESH-TV and WESH-DT, Orla.ndo, Florida {the "Station"), to require FLORIDA CABLE INC to obtain the Station's consent beginning January 1, 2015, for retra.itsmission of its broadcast signal by, but not limited to, the cable or multicha!lnel video program.ming distribution system(s) serving the following communhy(ies) and county(ies), any w1incorporated areas witJ-rin these .. commuuity(ies) and county(ies), and any other areas within the Station's Designated Market Area not ~pecified below:

ASTOR, LAKE, FI. -ASTOR, VOLUSIA ,FL·· OP.J( SPRlNGS Ml-IP LAKE, FL ASTATULJ.\. LAICEP FL SILVER SPRINGS, MARION, ;FL· ANTHONY, MARION, FL - HA WT.HORNE ALACI-rUA, FL - HA Wi1-IORNE, PUTNA1Y.i, FL - ZELLWOOD, ORANGE, FL - SAINT CLOUD, OSCEOLA, FL - KENANSVILLE, OSCEQLA, FL - OCALA MARION, FL - ·. OLD TOVlN DIXIB, FL - CLERMONT, LAKE, FL

This etection is effective for the period beginningJanwn'Y 1, 2015, and terminating as of December 3i, 2017.

This wm certify that this Statement will be placed in the Station's public file no later than ·October 1, 2014, and was mailed by certified U.S. mail, return receipt request~d, on September 4, 2014 to the follov~ng cable system(s):

FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Station: WESI·Frv .

Date: September4, 2014 By: (J~_t\_~ ~J. Caxter · President/General Managei: . '

•......

J;".\MES J . ~A R'f~fl PRES!D[Ni' & GENERAL MANAGER

VIA CERTIFIED U.S. ~'1AIL RETURN RECELPT REQUESTED September 4, 2014

Ji\MES PIERCE, GM · :FLORIDA CABLE INC 23505 SR40 ASTOR, FL 32102

Re: 2015-2017.Three-Year Election for Retransmisi:iion Consent

Dear Sfr 01· Madrun: ·

In acoordance wi.th Section 76.64 of the Rules of the Federal Communications Commission ("FCC's), this is to notify you that Station WKCF and WKCF-DT, Orlando Florida, (the "Stationn) elects io require FLORIDA CABLE INC, which serves the comrnuuity(ies) and/or county(ies) and unincorporated areas within those commu11ity(ies) and county(ies) listed on the enclosed 2015-2017 Retransmission Consent Election Statement, to obtain the consent of the Station for retransmission of its broadcast sign~ effective January 1, 2015, th.rough Decem'ber 31, 2017. Consent of the Station for retransmission of its signal vlill be require~ for, but not limited to, the system(s) serving the cormnunity(ies) and cou11ty(ies) listed on the enclosed Election Statement.

i would appreciate your contacting me to discuss the tem1s under which the system(s) may retransmit the Station's signal. If you already have a retransmission consent agreement with ·the Station or with Hearst T~l ev i sion Inc. or a subsidiary thereof (collectively, "Heru:sf~) that covers the Station for all or a portion of the January 1, 2015, through December 31, 2017, ·cycle, then the terms of that agreement will govern for the period specified in the agreement. If such an agreement expires prior to December 3 1 ~ 2017, then it ·will be nece~sary for you to negotiate for retransmission consent follov.Ji.ng that expiration. In addition, if any retransmission conse11t agreement between you ai'1.d the Station or l'-Iearst contains an automatic renewal provision, then t.h.is letter shall also serve as notice of termination of that agreement, and it ·will be necessary for the system(s) to negotiate for retr'""dll.Smission consent following expiration of the current term of that agreement.

Enclosure ~~~~-=·~::;_~r . · $~- cc: Public File President!d?neral Manager

1.1.)2 1. Nci ri.:h Wymorn Roar:!· 'Winter Park, t=I. 327S9 • T~L <307 645-~222 E>tt.7200 · Ff.'.~X 401 S~S·7B'i2 WtiS M ?. j Wt!Sli.COM I Manr I cw ia j cwaarv.coM I n11s rv I ~ STR fll.L1~ 1v I onLMHlO MY WAY n o £:.\ n Du t11lev2swn inc . 'W it 1::.1 2015-2017 F.ETR.AwsrvIISSION_ CONSENT ELECTION STATEMENT FOR STATION WKCF-TV and V/KCF-DT

This Statement col:l..stittries the election, pmsuant to Section 76.64 of ihe Rules of the Federal Communications Conlllli~sim1, by Orlando Hearst Television, lnc., lkensee of Station WKCF-1V and WKCF-DT, Orlando, Florida (tl1e "Station''), to require FLORIDA CABLE INC to obtain the Station's consent beginning January 1, 2015, for retransmission of its broadcast signal by, but not limited to, tilie cable or multichannel video programrr.ting distribution system(s} serving the following comLntm.H.y(ies) and county(ies), any urijncorporated areas within these community(ies) and cow1ty(ies), and vny other areas within the Station's Designated Mi11.rket Area not sp~cified below:

ASTOR, LAKE, FL -ASTOR, VOLUSIA, fL, - OAK SPRINGS MHP LAKE, FL -ASTATULA LAKE, FL- SILVER SPRINGS MARION, FL - ANTHONY MARION, FL - HAWTHORNE ALACHUA, FL - HAWTHORNE PUTNAM, FL - ZELLWOOD ORANGE, FL - SAlNT CLOUD OSCEOLA, FL - KENA.NSVILLE OSCEOLA., FL - OCALA MARJON, FL - OLD TOWN DIXJE, FL - CLE:Rl'AONT L.A.KE, FL

This election is effective for the period begin.ti.ing Ja."!lID}' 1, 2015, and termLnating as of December 31, 2017. ·

This w:ill certify that iliis Statement \vill be placed in the Station's public file no later than October l, 201'!·, and was mailed by certified U.S. mail, ret"\lill receipt requested, on September 4~ 2014 to the followLug cable system(s):

FLOlUDA CABLE INC 23505 SR40 ASTOR, FL 32102

Station; WKCF-TV

Date: September 4·, 2014 By: -

2tll t4,?

September4, 2014

VIA CERTIFIED U$. MAIL RETURN RECEIPT REQlJ"'ESTED

Jarnes Pierce Florida Cable P.O. Box498 Astot, FL 32102

Re: 2.fHS-2017 'l'in'U-Year Efo~tion for Retransmission ·cmisent

Dear Sir or Madron:

In accordance vii.th Section 76.64 of tlte Rules of the ·Federal Communic-ations Commission ("FCC"), this 'is to notify you that Station WMOR-TV, Tampa, Florida (fue "Station") elecis to require Florida Cable which serves the community(ies)° and/or county(ies) and unincorporated areas within those corrununity(ies) and county(ies) listed on the enclosed 2015-2017 Retransmission Con.sent Election Staten1ent, to obtain 1he consent of the Station for retr~.nsmission of its broadcast signal effective Januar11, 2015, through December 31, 2017. Consent of the Station for r~ansmission of its signal will be xequired for, but not limited to. the system(s) s~g the commUi.lity(ies) and county(ies) listed on the enclosed Election Statement:

I.would appreciate your contacting me to discuss fue terms under which the system(s) may retransmit the Staiicn's signal If you already have a retransmission consent agreement vAth the Station or with Hearst Tefovision Inc. or a subsidiary thereof (collectively, "Hearnf) th& covers the Sta!ion for all or a por'd.on ofthe Jai.t.Wt.JY l; 2015, through December 31, 2017, cycle, then the terms of that agreement will govern for the period specified in the agreement. If su~h an agreemei1t expires prior to December 31. 2017, then it will be necessazy for you to negotiaJe for retransmission consent following that expiration. In rulditi.on:, if any retransmission consent agreement bet\neen you ai:itl the Station or Hearst contains an automatic renewal provision, then this letter shall also serve as notice of temdnati.on of that agreement, an~ it vvill be necessary for the systei.n(s ) to negotiate for retransmission consent following expiration of the current term of that agreement.

Sincerely~

Enclosure

cc: Public File

2ClllG.I 2015-2017 REIRA!'-TfilVIlSSION CONSENT ELECTION STA'IBMEN T FOR STATION VlMOR

This Statement constituies the eiectlon, pursuant to Section 76.64· of the Rules of the Federal CQmmunicatlons Commission, by Heru'St Properties Inc. of Station w:MOR, Tam:pa, FL (the "Station"), to require l=<'lmida Cable to obtain the Station's consent beginning Januaxy I, 2015, for retransmission of its broadcast signal by, but not limited to, the cti,ble or multichannel · video programming distribution system(s) serving the following comro.uniiy(ies) and cmmty(ies). any unincorporated areas within. these community{ies) and county{ies), and any other areas viithin the Station's DesignaJ,i;;d Market Area not specified below: .

Henlando TI'lis election is effective for the period beginning J~uaiy 1, 2015," and tem:rin~ting as of Decembar 31, 2017.

This will certify that this St&einerit will be placed .in the Station's public file no later fu~n October 1, 2014, and was mailed by certified U.S. mail, i:e1urn receipt requested, on. September 8, 2014 to the following cable system(s):

James Pierce Florida Cable P.0.Box498 Astor, FL 32102

Station: WMOR

Date: _s_e_pt_em_:be_rs_. _· ---" 2014 By: ffeKenn~ i1 ALUCas Pre.sident aud General Mimager

281ll•i.2 2015-2017 Rb""!RA.WSJVlISSION CONSENT ELECTION STATBMBNT FOR STATION W1v10R

This Stateroont constitures fue election, pursuant ·ro Section 76.64 of the ·Rule-s of the Federal Conununications Commissiov-? by Hearst Properties Inc. of Station \~10R Tampa,. F"L (the "Station"), t~ require Florida Cable to obtain the Station's consent beginning January 1, 2015, for retransmission of its broadcast signi;l by, but not limited to, tha cable or multichannel video programming distribution system(s) serving the following connnun.ity(ies) and county(ie.s), any unincorporated areas within these community(ies) and county(ies), and any other areas within the Station's Designt11ed Market Area.not spedfied below;

Ci"lms

This election is effective for the period beginiling January 1, ~015, and terminating as of December 31, 2017.

This will certify that this Statement ~vitl be placed ·in the Station's public file no later tha.n October 1, 2014, and was mailed by certified U.S. mail, return receipt reque8ted, on September 8, 2014 to the followi11g cable system(s):

James Pierce Flori~a Cable P.O.Box498 Astor, FL 32102

Date: September 8 2014

231ll~.i t:3 rl ,...:1 J Ul

; er LO ~ POsl=Gll 01 1-~~-=.,---j n l;;J CJ l::l EXHIBIT C November i3, 2014

Mr. James Piei-r..e FiQrida Cab!e 23505 State Road 40 As1or9F lorid¥\ 32102

Dear Mr. Pierce:

Hearst0 s cu,-rent Retransmission Cm1si;nt Agreement {'~Agreement''} wilh Florida Cable will expire on December 31, 2014. Florida Cable is in denmtlofthat Agn:ement due to the failure to pay He&"'St the contractuas••&lly agreed upon oons!deration required thereunder. The eurnmt d~l inqu~nt erru:mnt is Hea:rst is prep.i:b"°ed to offei' Ffmida Cable a n;"'llewal agreement upon remittence ofthe outstanding a.rn.~unt. If that amount is not paid in full 2nd a renewal sgreemi::nt is riot secured prior to Lile expiration (or earliei termination due to breach) of th".eumnt Agree..rnent. then Flcridn Ceble's o.t1thorizatlon to retnmsmil the · signals oftefevisiail stations WE$H WKCF and WMOR s!tell end at 12:01 AM. December JI. 2014. . 1 . Please immediately remit tile$£ I 1 past due amount fo accorclauce with the payment ir1Structi1ms of tl1e Agre-cment in order to ~eive a nmev.. >a l proposal. N~thing herein is intended to 1ior shati act to wa. ive any rigl1ts and remedies Hea1-st may have as a result of Flctjda Cable's material breach of the Agre.ement, which may also include all amounts due 1.mderthe Agreem~n~ together •Nith oosis., inte.re5~ ai1d reasonable attomets fees i.ncurred in coUe.::ting sueh amounts.

PleDSe c.ontact me ifyou bave any qm~fons.

Very ttulyyours, ()~~ ?i}mies J. Cnrter President & Gene.i-a! Manager WESH-TV/\VKCF·TV ce: Ken l w:as,. General Manager, VHliOR-TV Jonathan C. Mintzer, Esq. David Kuslme~. Esq. 0 "H.122 North W~mo.r0 Hood · Wln ~t:s r P~ ~ k. i!t. 3lH'El9 ·Tl!!.. ~07 G45·a22?. g~;~.7200 • rnK 401 5S~ e ni 2 wrzsN 2 l W!!SN. con I M(l!V I CW Hl I cvaarv.coM ! nus •v I l!S'\"R~l,LA "IV I 01u.su.i£so wi' wr-.'f o o £:1 a 811 telwision inc EXHIBITD Jan_uary 14, 2015

Via Cei1ified U.S. Mail. Rctum Receipt R~t1ue3tetl

Florida Cable Attn: John Russo, General Manager 23505 State Road 40 Astor, Florida 32101

Re: No Retransmission Oinsent Ag:r~ement for Stations :wESH~ WKCF ~mi WMOR.

Dear Mr. Russo:

PLEASE TAKE NOTICE that Florida Cable has lost its authorization to retransmit t_he siE;nals of television stations V{ESH, WKCF (both stations in·the Orlando-Daytona Beach-Melbourne DMA) and WMOR (in .the Tampa-St Petersburg-Sarasota OMA).

EFFECTIVE IMMEDIATELY, cease all t.ransmissions, retransmissions and distributions of any kind of each of the foregoing stations, including all the stations' programming and other content and materials.

Floiida Cable's failure to immediately comply with the demands of this notice letter may result in claims of copyrig~t infringement, violations of the Communications Act and FCC regulations, c:ind fines, penalties and d8.!l'lages associated therewith togethe1· with costs, interest, and reasonable attorney's fees incurred in pursuing su.ch claims.

Please confirm 1:0 me that you have ceased all·distrihution ofWESH-TV, WKCF-TVand WMOR-TV.

No~h i ng in this letter act or be dee.med to waive any rights or remedies of any of the forego ing stations or their respective own~rs for the retransmission, exhibition or other distribution of any of the aforementioned stati.ons, or any content or materials of the stations, without appropriate permissions, licenses or oilier authorizations. Please contact the undersigned if you.have any questions.

Very tmly yours,

Jonatha.11 C. Mintzel·

cc: Jim Carte1-, General M~mager~ WESH(TV)/WKCF Ken Lucas, General Manager, WMOR-TV David Kusimer, Esq. EXHIBITE Astor I Pierson I Volusia Channel Lineup I Florida Cable Page 1

Florida Cable Inc.

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You arc here: Programming>> Channel Lineups>> Central Florida>> Astor I Volusia I Pierson

Astor I Volusia I Pierson

Basic 2 WESH2NBC 3 WDSC 15PBS 4 WACX 55 lndependcnt 5 WRBW65UPN 6 WKMG6CBS 7 Local Origination 8 WKCF 18"CW 9 WFTV9ABC 10 TV Guide 11 WUCF68PBS 12 WOFL35Fox 13 The Weather Channel 14.l WESH 2 NBC HD** 14.2 WESH 2 MeTV HD** l.4.11 WKMG 6 CBS HD** 14.12 WKMG 6 Live Well Network IID** 15.1 WFTV 9 ABC HD** 15.2 WFTV 9 MegaTV HD*~' 15.3 WFTV 9 GritTV HD** 15.11 WOFL 35 Fox HD** 16.1 WUCF 24 PBS HD** 16.2 WUCF 24 Create HD** 16.3 WUCF 24 World HD** 16.4 WUCF 24 V-Me HD** 16.11 WDSC 15 PBS rlD*" 16.12 WDSC 15 Florida Channel HD** 16.13 WDSC 15 WVHD** 17 CNN 18 CNBC 19 Fox News 20 ESPN 21 ESPN2

http://www.floridacable.com/programming/lineups/centralflorida/astor.html 7/22/2015 10:4·3:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page2

22 Stm Spo1ts 33 Fox Sports I 14 TBS Superstation 35 American Movie Classics 36 Turner Classic Movies 37 Turner Network Television 38 ABC Family 39 Lifetime 40 USA Network 41 Syfy 42 Discovery Channel 43 The Learning Channel 44 History Channel 45 Atts & Entertainment 46 Home and Garden TV 47 Food Network 48 Spike TV 49 Country Music Television 50 VH-1 51 MTV 52 . TV Land 53 Nickelodeon 54 Cartoon Network 55 Galavision 56 Univision 57 UniMas 58 WGNChicago 59 Travel Channel 60 FX 61 Animal Planet 62 Home Shopping Network 63 WRDQ 27 JP Independent 64 CSPAN 95 CNN Headline News 98 E! Entertainment

Digital Basic 110 A&E Biography 111 BBC.America 112 Bravo West 113 Bravo 114 cloo 120 Game Show Network 121 Teen Nick 122 Nick Jr. 123 Discovery Kids 124 NickToons 130 MTV2 131 MTV Hits 132 VH 1 Classic Rock 133 CMT Pure Country

http://vvwvv.floridacable.com/programmingflineups/centralflorida/astor.html 7/22/2015 10:43:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page3

134 VH 1 Soul 135 Centric 136 Fuse 137 Great American Country 138 MTVU 159 Esquire 160 Destination America ! 161 G4TV I 163 Discove1y Fit and Health 164 Oprah Winfrey Network 165 Pivot 166 Trinity Broadcasting Network 167 The Word 168 SonLife Network 211 Bloomberg TV 250 Science Channel 251 Investigation Discovery 252 American Heroes Channel 253 National Geographic 261 H2 295 EVINELive 311 FXX East 312 Golf Channel 313 Outdoor Chaimel 314 ESPN Classics 315 ESPNNews 316 NBC Spotts Network 5to Independent Film Channel 511 Women's Ente1tainment 512 FX Movie Channei 513 Lifetime Movie Network 514 Sundance

http://www.floridacable.com/programming/lineups/centro.lflorida/astor.html 7/22/2015 10:43:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page4

431 Showtime2 432 Showtime Showcase

4"".).) Showtime Extreme 434 Showtime West 435 Shov.rtime Showcase West 436 Showtime Extreme West 437 Shdwtime Next 438 Showtime Family 439 Showtime Women 440 Tbe Movie Channel 441 The Movie Channel Xtra 442 The Movie Channel Xtra West 443 The Movie Channel West 444 Showtime 2 West 445 Flix 450 Starz! . 451 Starz! Edge West 452 Starz! In Black 453 Starz! West 454 Starz! Cinema 455 Starz! Kids & Family 456 Starz! Comedy 457 Starz! Edge West 460 Encore 461 Encore Suspense 462 Encore Action 463 Encore Westerns 464 Encore Classic 465 Encore Black 466 Encore West 467 Encore Action West 468 Encore Black West 469 Encore Family 470 Encore Westerns West 471 Encore Classic West 472 Encore Suspense West

HDTV 701 WESH2NBCHD 702 WEST 2 MeTV HD 705 WKMG6CBSHD 706 WKMG 6 Live Well Network HD 711 \¥FTV 9 ABC HD 712 \VFTV 9 MegaTV IID 713 WFTV 9 GritTV HD 715 WOFL 35 Fox HD 721 \VUCF 68 PBS BP 722 WUCF 68 Create HD 723 WUCF 68 World HD 724 WUCF 68 V-MeHD 730 WDSC 15 PBS HD

http://www.floridacablc.com/programming/lineups/centralflorida/astor.html 7/22/2015 10 :43:28 AM Astor I Pieison I Volusia Channel Lineup I Florida Cable Page 5

731 WDSC 15 Florida Network IID 732 WDSC 15 WV HD

Pay Per View 811 iNDEMAND 1 812 iNDEMAND 2 814 iNDEMAND 4 815 iNDEMAND 5

Adult Pay Pea· View 890 Playboy 891 Fresh! 892 Spice:Xcess 893 ·Club Jenna 894 · HotChoice

Digital Music 910 Beautiful Instruments 911 Jazz Vocal Blends 912 . Hottest Hits 913 Modem Country 914. Alternative 915 Adult Contemporary 916 Lite Classical 917 Rock n Roll Oldies 918 Classic Rock 919 Urban Beat 920 Coffeehouse Rock 921 Dance 922 Retro Disco 923 Album Rock 924 80\'s Hits 925 ?O's Hi ts 926 Classic R &B 927 Hard Rock 928 Soft Hits 929 Golden Oldies 930 Tradition.al Country 93 1 Groove Lounge 932 Smooth Jazz 933 Big Band Swing 934 New Age 935 Holidays & Happenings 936 Great Standards 937 Contemporary Christian 938 Reggae 939 Children's 940 Urban Adult Contemporary 941 Rap 942 Jazz 943 Blues

http://'vvww.floridacable.com/programming/lineups/centralflorida/astor.html 7/22/2015 10:43:28 AM ·Astor I Pierson I Volusia Channel Lineup I Florida Ca?le Page6

944 Gospel 945 Subterranean 946 Symphonic

$Available with QAM compatible HDTVs. No cable box requirt:d.

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http://www.floridacable.com/programming/Jineups/centralflorida/astor.html 7/22/2015 10:43:28 AM Oak Forest Channel Lineup I Florida Cable Pagel

Florida Cable Inc.

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You are here: Programming >> Channel Lineups >> Central Florida>> Oak Forest

Oak Forest

Basic Cable - 2 HBO* 3 Cinemax~' 4 WMOR 32 ThisTV Tampa 5 WMOR 32 Independent Tampa 6 Disney Channel 7 WOGX 51 Fox Ocala 8 \\/FLA 8 NBC Tampa 9 WTTA 38"MyTV Tampa 10 WTSP 10 CBS Tampa 11 WFTS 28 ABC Tampa 12 WTOG 44 CW Tampa 13 WTVT 13 Fox Tampa 14 WEDU 3 PBS Tampa 15 WVEA 62 Univ!sioi:i Tampa 16 TBS Superstation 17 USA Network 18 WGN Chicago 19 Animal Plan~t 20 ABC Family -21 ESPN . 22 WCLF 22 CTN 23 CNN Headline News 24 Discove1y Channel 25 Arts & Entertainment 26 Syfy 27 Spike TV 28 Country ~usic Tele"'.ision 29 The Learning Channel 30 Turner Classic Movies 31 Turner Network Television 32 Histmy Channel 33 Ca1toon Network 34 TV Land 35 Nickelodeon · 36 VH l 37 CSPAN

http://www.floridacable.com/programming/lineups/centralf10iida/oakforest.html 7/22/2015 10:48:02 AM Oak Forest Channel Lineup I Florida Cable Page2

38 The Weather Channel 39 Home Shopping Network 40 E! Entertainment 41 CNN 42 Home and Garden TV 43 ESPN2 44 National Geographic 45 Hallmark Channel 46 Local Origination 98 truTV 99 Fox Business News

*Denotes premium service by subscription only.

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http://wv.rw.floridacable.com/programmingllineups/centralflorida/oakforest.html 7/22/2015 10:48:02 AM Michelle W estlake

From: [email protected] Sent: Friday, July 24, 2015 2:10 PM To: Michel~e Westlake Subject: FedEx Shipment 774119648850 Delivered

Your package has been delivered Track,ing # 774 119648850

Ship date: Delivery date: Thu, 7/23/15 Fri, 7/24/15 2:08 pm David Kushner . ivtr. David S. Suarez." CEO &. Brool

~~' ; .Shipment Facts~~

~~Our records indicate that the following package has been d~livered.~~

~~Tl'aqking number: 774119648850~~

~~~· ••· ··";t··,. Status: Delivered: 07/24/2015 2:08 PM Signed for By: .PIGUE~~

~~l~efEirenca: 22'120-13877~~

~~' . Signed for by:· .PIGUE~~

~~Delivery l o~ ati o n: ASTOR, FL-~~

~~Delivered to: Receptionist/Front Desk~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces: 1~~

~~Weig~t: d.50 lb.~~

~~Special handling/Services:· Deliver Weekday~~

'· 1 Pl~as~ <.h.> not 1esponcl tu l1li! 1 n ess~·· ut) . Ti;!:-; ::'·•':.-:ii '1~s $~t'n i•0tn :;_n l11lrt ti~ i 11~od ••Httl1..·ox Thi ; .~,·:.,x( vi,~: !:,:-2nz:,i::h:>:I «;t .ipproxi111.<:l.?.ly 1: l 0 PM t:Dl' 111) Oi/1~1~0 1 5.

~~1 Michelle Westlake~~

~~From : [email protected] Sent: Friday, July 24, 2015 2:10 PM To: Michelle Westlake Subject: FedEx Shipment 774119584833 Delivered~~

~~Your package has been delivered Tracking # 77 41 '19584833~~

~~Ship date: Delivery date: Thu, 7/23/15 Fri, 7/24/15 2:08 pm oa~ i.ci' t~~

~~Shipment Facts~~

~~Our records indicaia that the following package hc:s been delivered.~~

~~Tracking number: 7741 19584833~~

~~Status: Delivered: 07/24/2015 2:08 PM Signed for By: .PIGUE~~

~~Reference: . 22120-13877 , . Signed fo.r by: .PIGUE~~

~~Delivery location: ASTOR, FL~~

~~Delivered to: Receptionist/Front Desi<~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces:~~

~~Weight: 0.50 lb.~~

~~Special handling/Services: Deliver Weekday~~

· f'le?.:,;11 do11 C'I f2:'1Nt1rJ to ihi; lll.>$~»l l'~ . Tiu:' er.1ail ~·r&;. se11l i1t1111 .m un ; it,•11r:~t1111 ?.ill ''''· Th15 I .;> p;Jtl \'l<~ S OE·1l~. 1 c: l r:J n: npp1C1xi.n?l:?ly I. I (l PM CDT 011ll7iZ<'i.?O15.

~~1 Mi chelle Westlake~~

~~Fro m ; [email protected] Sent Friday, July 24, 2015 2:10 PM To; Michelle Westlake Subject: Fed_Ex Shipment 774119521872 Delivered~~

~~Your package has been delivered . Tracking# 774'i '19521872~~

Ship date: . Del!very date: Thu, 7/23/1 5 Fri, 7/24/1 5 2:08 pm ...... David Kushner . Mr. Gary l\11. English, Brooks Pierce r )President Raleigh, NC 27G01 f:1 Florida Cable Inc. .· ·: us ---Delivered 23505 State Road 40 .· . ·.~ : ASTOR, FL 32·102 ~ , .I.:· f..: ; . i'"' ·.t, us .... ~.. :.:, ~ ·' ,:-;•.' ~~- .'-~~ .:'~ :·f~;:: Shipment Facts

~~Our records indicate that the following package has been delivered.~~

~~Tracking number: 774119521872~~

~~•· """-'•';:";." ' Status: Delivered: 07/24/20'15 2:08 . ; : . ~~.: .~ \ . PM Signed for By: .PIGUE~~

~~· Referencq:~~

~~Signed for by: .PIGUE~~

~~Delivery location: ASTOR, FL~~

~~Delivered to: · Receptionist/Front Desk~~

~~Service typ~: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces: 1~~

~~Weight: 0.50ib.~~

~~Special hi:mdling/Services: Deliver Weekday~~

· P! a::s~ •!\l 1 l~ l , a~;''-~,,._: l•l lfl1:; fi t ~ :: ...: .i!;:.?. T ii1s. ~: .1 l :1 t , ...?.s ~c-·.1 1 f:·,'11" ~ 1 111:1:1i~~11~· ..-t.; n1.'i1i1L'~~ T.,i.~ ':pvl1 \·.. !.: : ~ . ..:1~1i1 ·_i :!1 l ! '~'"~i 1 i l .!"li:":~, t:·ro pj\,, Ct'1rn•0:1-:··i12l'!f 5.

~~1 . . r - r - ·--- -~--.-,.------.., r, ·. .. . --~..-z.-- . . :.:~~

1. Art!cl3 Addressed to: D. f s def.very address differenlfrom item 1? 0 Yes If YES enter deivery address be!ow: · 0 No !Jir. David S. Suarez, CEO & Chairman Florida Cable Inc. 23505 State Road 40 Astor, FL 32.102-2907

~~3. Service Type lllllllll IUIHlll lllllHll 1111 11 11111 11 111 111 9290 9969 0099 9702 769 0 74 4. Restricted Delivery? (Extra Fee) D Yes 9214 '?969 0099 9790 1602 7690 67~~

~~PS Form3811 _oqm-i~tJc Return Receipt~~

D. Is delivery address cfrfferent from item 1? 1. Article Addressed to: · If YES enter delivery address be!o\i1: Mr. James Pierce, Vice President I l Florjda Cal.Jle Inc. 23q05 State Road 40 Ast~r, FL 32.102-2907

~~IIn 11111111111mlll llllllII llllllll III Ill Ill ...~/'· ~erv-ice Typ_e _l&l-=='= . C-.....-ertif~ied - 9290 9969 0099 9702 769111 4. Restricted Delivery?' (Extra Fee) . . D v_es~~

~~921~ 7969 0099 9790' 1602 7691 04~~

~~~~~~~~~~~~~~~~~~~~..,...~;w..--~~~~~~~~~~.....,.~-:--~~ .~~

~~PS Form 3814 . ~ ... \ ...... : . .:·- . :- ·-· . ;. ' i~~

o. Is delivery address differ~nl liom ite.m 1.? O Yes 1. Article Addressed to: · If YES enter delivery address beiow: 0 No . Mr. Gary M. English, President Florida Cable !nc. . 23505 State Road 40 Astor, FL 32102-2907

~~3. Service Type 11 111111! 111111111tll llllllllll ll llllll ll ll Ill 9290 9969 0099 9702 7686 95 4. Restricted Delivery? (Extra Fee) D Yes~~

9214 7969 0099 9790 1602 7686 88 EXHIBIT IV 1600 WELLS FARGO cAPITOL CENTER BROOl(S .,,,_ _ 150 FAYETTEVILLE STREET RALEIGH, NC 27601 ~ PIERCE FOUND ED 1897 T 919.839.0300 F 919.839.0304 WWW.BROOKSl'IERCE.COM

~~August 14, 2015~~

~~Via Overnight Courier and Certified U.S. Mail, Return Receipt Requested~~

~~Mr. Gary M. English President Florida Cable Inc. 23505 State Road 40 Astor, Florida 32102-2907~~

~~Re: Retransmission of Stations WESH(TV), WKCF(TV), and WMOR-TV Without Authorization~~

~~Dear Mr. English:~~

This firm is outside legal counsel to Hearst Television Inc. and its subsidiary Hearst . Properties Inc. (collectively, "Hearst"), licensee of Stations WESH(TV), Daytona Beach, Florida, WKCF(TV), Clermont, Florida, and WMOR-TV, Lakeland, Florida (the "Stations").

By letter dated July 23, 2015 (attached hereto as Exhibit 1), I informed you that, upon information an d belief, Florida Cable Inc. (''Florida Cable") continues to retransmit without authorization the broadcast signals of the Stations despite previous notices to Flmida Cable of the Jack of such authorization. The July 23 letter further stated that if Florida Cable did not cease retransmission of each of the Stations on Florida Cable's systems and provide written confirmation to me by Monday, August 10, 2015, then Hearst would file a complaint with the Federal Communications Commission ("FCC") seeking an order directing Florida Cable to cease its unauthorized retransmission of the Stations and further seeking the imposition of the maximum forfeiture for Florida Cable's egregious conduct.

Although FedEx delivery notices and U.S. Postal Service return receipts show that you, Mr. David S. Suarez, CEO & Chairman of Florida Cable, and Mr. James Pierce, Vice President of Florida Cable, each received two copies of my July 23 letter as delivered to Florida Cable's principal place of business (see delivery notices and return receipts attached hereto as Exhibit 2), Florida Cable has not confirmed that it has ceased retransmission of the Stations; indeed, it has continued to ignore Hearst's demands that it cease its unlawful retransmission of the Stations.

~~And, in fact, Florida Cable's channel line-ups continue to list each of the Hearst Stations~~

~~310471. I Mr. Gary M. English August 14, 2015 Page2~~

~~(see Florida Cable channel line-ups for AstorNolusia/Pierson listing WESH and WKCF and for Oak Forest listing WMOR, printed August 11, 2015, attached hereto as Exhibit 3).~~

Attached hereto as Exhibit 4 is a draft complaint lhat Hearst intends to file with the FCC. This draft complaint is being provided to you as a·final courtesy in one last attempt to avoid an enforcement proceeding at the FCC.

PLEASE TAKE NOTICE that if Florida Cable does not immediately cease retransmission of each of the Stations on Florida Cable's systems and provide written confirmation to the undersigned no later than Monday, August 24, 2015, then Hearst will file the complaint with the FCC seeking an order directing Florida Cable to cease its unauthorized retransmission of the Stations and further seeking the imposition of the maximum forfeiture for Florida Cable's egregious conduct.

Nothing in this letter shall be deemed to waive any rights or remedies that Hearst or the Stations may have, including, but not limited to, the right to file a copyright infringement action against Florida Cable or the ii ght to collect the delinquent amounts owed by Florida Cable under the prior agreement between the parties.

~~Please direct all communications concerning this matter to the undersigned.~~

~~Sincerely,~~

~~David Kushner Counsel to Hearst Television Inc. and Hearst Properties Inc.~~

cc: Mr. David S. Suarez, CEO & Chairman, Florida Cable Inc. (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested) Mr. James Pierce, Vice President, Florida Cable Inc. · (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested)

Jonathan C. Mintzer, Esq. Frank Biancuzzo Jim Carter Pamela Barber EXHIBIT 1 1600 WELLS FARGO CAPITOL CENTER · BROOKS ~ 150 FAYETTEVILLE STREET RALEIGH, NC 27601 ~ PIERCE FOUNDED 1897 T 919.839.0300 F 919.839.0304 WWW.SROOI

~~July 23, 2015~~

~~Via O vernight Courier and Certified U.S. Mail, Return Receh1t Requested~~

~~Mr. Gary M. English President Florida Cable Inc. 23505 State Road 40 Astor, Florida 32102-2907~~

~~R e: Reti~ansmission of Stations W ESH (TV), WKCF(TV), a nd WMOR-TV Without Authorization~~

~~f?ear Mr. English:~~

·Th.is firm. is outside legal counsel to Hearst Television Inc. and its subsidiary Hearst Properties Inc. (collectively, "Hearst"), licensee of Stations WESH(TV), Daytona Beach, Florida, WKCF(TV), Clermont, Florida, and WMOR-TV, Lakeland, Florida (the "Stations").

Upon inform~tion and belief, Florida Cable Inc. ("Florida Cable") continues to reti-ansmit without authorization the broadcast signals of the Stations despite previous notices to Florida Cable of the lack of such authorization.

From January 1, 2012, through December 31, 2014, Florida Cable and Hearst were parties to a retransmission consent agreement (the "Prior Agreement") governing caniage of the Stations by F lorida Cable. Florida Cable defaulted on the Plior Agreement by failing to pay Hearst the required monthly retransmission consent fees it agreed to. By letter dated July 8, 2014, Hearst provided Florida Cable with a notice of its breach of the Prior Agreement. (See breach letter from Hearst to Florida Cable, dated July 8, 2014, attached hereto as Exhibit A.) ·

By letters dated September 4, 2014, Hearst sent Florida Cable retransmission consent election notices for each of the Stations in compliance with 47 C.F.R. § 76.64(f) for the election cycle commencing January 1, 2015, and ending December 31, 2017. Each of the notices was received and signed for by Florida Cable. (See retransmission consent election notices from Hearst to Florida Cable, dated September 4, 2014, and signed return receipts, ~ttached h ereto as Exhibit B .) Consequei1tly, Flmida Cable cannot retransmit the Stations on a must cany basis.

~~309037. 1 Iv1r. Gary M. English July 23, 2015 Page2~~

By letter dated November 13, 2014, Hearst informed Plorida Cable that, despite being in default of the Prior Agreement, it was prepared to enter into a renewal retransmission consent agreement if Florida Cable paid the delinquent retransmission consent fees, and Hearst further informed Florida Cable that if such a renewal agreement were not secured prior to the expiration date of the Prior Agreement, then Florida Cable would have no basis for authorization to retransmit the Stations after. December 31, 2014. (S~e letter from Hearst to Florida Cable, dated November 13, 2014, attached hereto as Exhibit C.)

Having received no response from Florida Cable to any of its letters, but upon information and belief that Plorida Cable was continuing to retransmit the Stations after December 31, 2014, without any basis for authorization to do so, Hearst sent Florida Cable a further notice, dated January 14, 2015, clearly informing Florida Cable that it had lost its authorization to retransmit the Stations and demanding that Florida Cable cease such retransmissions. (See cease and desist letter from Hearst to Florida Cable, dated January 14, 2015, attached hereto as Exhibit D .) Notwithstanding the request that Florida Cable confirm that it had ceased its unauthorized retransmissions, Hearst received no response from Florida Cable.

Despite its lack of authorization to retransmit the Stations, Florida Cable's chan.nel line-ups continue to list each of the Hearst St~tions (see Florida Cable channel line-ups for Astor/Volusia/Pierson listing VIESH and-WKCF and for Oak Forest listing WMOR, printed July 22, 2015, attached hereto as . Exhibit E), _and, recently, a Florida Cable representative confirmed by telephone that the Stations are available on Florida Cable systems.

~~Mr. English, I cannot stress enough the seriousness and urgency of this matter.~~

~~Retrarismission. of a television station's signal without the station's express. authorization is a violation of the federal Communications Act of 1934, as amended.~~

The Federal Communications Commission ("FCC") has stated that the base forfeiture for a cable system retrnnsmitting a television station's signal without its· express authority is $7 ,500 per day. See Bailey Cable TV, Inc., DA 12-420 (released Mar. 16, 2012); Bailey Cable TV, Inc., DA 12-421 (released Mar. 16, 2012); TV Max, Inc. and Brocidband Ventures Six, UC, Forfeiture Order, FCC 14-95 (released July 7, 2014-) (ordering.$2,250,000 forfeiture for retransmissions without authorization) . .

Florida Cable's retrn.nsmission without authorization of these three Hearst Stations' signals could Sllbject Florida Cable to a base fmieitnre of $7,500 per day per Station, with the amount subject to increase for each day that Fl01ida Cable continues to retransniit the signals without authorization. Even putting aside any period of time during the Prior Agreement during which Florida Cable retransmitted the Stations after the Prior Agreement was terminated for breach, in .calendar year 2015 alone, Flmida Cable has retransmitted the Stations for two hundred four (204) days through today (July 23, 2015). At the base forfeiture amount, Florida Cable could be subject to a forfeiture of $4,590,000. This amount could be increasing by $22,500 per day for the three Stations for each additional day that Florida Cable continues to retransmit the Stations' signals with authorization. The TV Max case, cited above, establishes that the FCC will issue forfeitures i\ffr. Gary M. English July 23, 2015 Page 3 in the millions of dollars even to small cable operators that violate the Communications Act's retransmission consent requirement. \ PLEASE TAKE NOTICE that if Florida Cable does not inunediately cease retransmission of each of the Stations on Fl01ida Cable's systems and provide written confirmation to the undersigned no later than Monday, August 10, 2015, then Hearst will file a complaint with the FCC seeking an order directing Florida Cable to cease .its unauthorized retransmission of the Stations and further seeking the imposition of the maximum forfeiture for Florida Cable's egregious conduct.

In addition, you should. be aware that each of the Stations' signals contains progranuning for which the Station is the copyright owner or licensee. J:?istribution of such·programming without authorization is a violation of the.federal Copyright Act of 1976, as amended. Willful infringement of copyrighted material may subject the infringer to statutory damages of as much as $150,000 per infringement. · ·

Nothing in this letter shall be deemed to waive any rights or remedies that Hearst or the Stations may have, including, but not limited to, the right to file a copyiight infringement action again$t Florida Cable or the right to collect the delinquent amounts owed by Florida Cable under the Prior Agreement.

~~As indicated herein, if you do not immediately cease and desist your unauthorized retransmissions, Hearst will take actiou to vigorously enforce its legal rights.~~

~~Please direct all communications concerning this matter to the undersigned.~~

~~Sincerely,~~

~~David Kushner · · Counsel to Hearst Television Inc. and Hearst Properties Inc.~~

cc: Mr. David S. Suarez, CEO & Chai1man, Florida Cable Inc. (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested) Mr. James Pierce, Vice President, Florida Cable Inc. (via Overnight Courier and Certified U.S. Mail, Return Receipt Requested)

~~Jonathan C. Mintzer, Esq. Frank Biancuzzo Jim Carter Pamela Barber EXI-IlBIT A ia ~ A R $ T television inc~~

~~Jm:at/;nn C. Mintzef' July 8, 2014 Wre Pn:1ideut & General Comm{~~

~~Via Certified U.S. Mail. Return Reeeint Requested~~

~~Florida Cable Attn: John Russo, General Manager 23505 State Road 40 Astor, Fiorida 32l01~~

~~Re: Digital Retransmission Co1mmt Agreement~~

~~Dear Mr. Russo:~~

Florida Cable is in breach of the Retransmission Consent Agreement between Floiida Cable TV Networks, Inc. and Orlando Hearst-Argyle Te!evision, Inc. ('1Hearst") commencing January 1, 20 l 2 (the "Agreement'»· Pu~uant to the terms of the Agreement, Florida Cable agreed to pay Hearst a monthly retransmission consent fee'(the ' 1Monthly Fee") in exchange for Hearst's consent to ti'le retransmission of the digital and analog signals of television stations WESH, WKCF and WMOR to Fiorida Cable's subscribers. Since the inception ofthe Agreement, Florida Cab!e has failed to pay Hearst the agr~ed- upon Monthly Fee, despite repeated inquiries by the stations.

PLEASE TAKE NOTICE that Hearst is hereby terminating the Agreement unless Florida Cable pays .Hearst all past due amount"S, plus interest at the rate of one and one-half percent ( 1.5%) per month (as 1·equirecl under the Agreement), by July 18, 2014. Bssed upon infonnation provided by Florida Cable, we estimate the past due amount, including interest, at$ . If said$ amount is not paid in full by July 18, 2014 the Agreement shalt automatically terminate. lfso terminated, Florida Cable's authorization to retransmit the signals of television stations WESH, WKCF and WMOR shall end at 12:01 AM, July 19, 2014. ·

. Furthennore, such termination shall be in addition to, and 11ot in lieu of~ alt additional rights and remedies Hearst may have as a restifr of Florida Cable's material breach of the Agreement, w11ich may also include all amounts due under the Agreement, together with costs, interest, and reasonable altomey's fees incurred in col!ectiug such amounts.

~~Please contact the undersigned if you have any questions.~~

~~Jim Carter, General Manager, WESH-TV/WKCF·TV Ken Lucas, General Manager, WMOR-TV David Kushner, Esq.~~

300 If.fa; 57ih St;i!d Nm• icrk, NY 10or9-_3789 T 212 887 <58;7 ,r: n1 8B7 6B55 EXHIBITB VIA CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED September 4, 2014 JAMES PIERCE, GM FLORIDA CABLE INC 23505 SR40 ASTOR.i FL 32102

~~Re: 20l5a2017 Three--Year Electioll for Retransmission Consent Dear Sir or Madam:~~

In accordance vlith Section 76.64 of the Rules of tl1e Federal Communications Commission ("FCC's), thls is to notify you that Station WESH-TV and WESH-DT Orlando Florida, (the "Station") elects to require FLORIDA CABLE INC, which serves the community(ies) and/or count'J(ies) and unincorporated areas withln those community(ies) arid county(ies) listed on the enclosed 2015°2017 Retransmission Consent Election Statement, to obtaii,l the con.Sent of the Station for retransmission of its broadcast signal effective January 1, 2015, tltrough December 31, 2017. Consent of the Station for retrsrJ.Smission of its signal wHl be required for, but not limited to, the system(s) serving the corrununity(ies) and cpunty(ies) listed on the enclosed Election Statement. · ·

I would appreciate your !!Ontacting me to discuss tl1e terms under which the sys~em(s) may retransmit the Station's signal. If you already have a retransmission consent agreement \Vith the Station or with Hearst Television Inc. or a subsidiary thereof (collectively, "Hearst") that covers the Station for all or a portion of the January 1, 2015, tlu·ough December 31, 2017, cycle, then the tenns of that agreement v.ill govern for tb.e period specified in the agreement. If such an agreement expires prior to December 31~ 201 7, then it will be necessary for you to negotiate for retransmission con..sent follov.ii.ng that expiration. In addition, if any retransmission consent agreement betwe.en you a.rid the Station or Hearst contains an automatic renewal provision, then this letter shall also serve·as notice of temli.nation of that agreemen~ and it '-01! be necessar1 for the system(s) to negotiate for retransmission consent following expiration of the current term of that agreement. ·

~~Sincerely~ Enclosure C\_.c\ ~~-"---- ~er cc: Public File President/General Manager~~

~~10/H Nor~h Wymore Road· Wint.;i r Park, i-f. 32769 ·TUI. 407 G4!i•i!2il2 ~xt.7200 · F'AX 407 539-78 12~~

~~11 ·wcrst-1?. I Wf!SM. COM I M01 • I cwrn I CWH;Tv.coM I Yr-it s rv ! 1rnrr~n1.t. 'Iv I 0111.P. 1~ 00 MY WA> c-~ C: n r~ s 'ii' television inc 2~ 1 11s.: ' '~~

~~2015"2017 RETRA.NSMISSION CONSENT ELECTION STATEMENT FORSTATIONWESHuTV and WESH~DT~~

This Statement constitutes the e lectio~ pursuru:it to Section 76.64 of tlte Rules of the Federal Comnmnications Commission, by Orlando Hearst Television, Inc., licensee of Station WESH-TV and WESH-DT, Orlando, Florida (tlie "Station"), to require FLORlDA CABLE INC to obtain the Station's consent beginning January 1, 2015, for retransmission of iis broadcast signal by, but not limited to, the cable or multichannel video programming distribution system(s) serving the following commv.nity(ies) and county(ies), any Wlincorporated areas ·within these commu:nity(ies) and cmmty{ies); a.tld any other areas wilnin the Station's Designated M~.rket Area not specified below:

~~ASTOR,, LAKE, FL - ASTO~ VOLUSIA ,FL - OAK SPRJNGS MHP LAKE, FL ASTATULA LAKE, FL SILVER SPRINGS, tv'.lARlON, ;FL - ANTHONY, MARION, FL - HAVJTHORNE~~

~~ALACHUA,. FL - HA WT.HORNE,. PUTNAM, FL - ZELLWOOD, ORANGE, FL - SAINT CLOUD, OSCEOLA, FL - KENANSVILLE, OSCEOLA, FL - OCALA 1v1ARION, FL - OLD TOWN DIXJE, FL" CLER.'M:ONT, LAKE, FL~~

~~This election is effective for the period beginning January 1, 2015, and terminating as of December 31, 2017.~~

This will certify that this Statement vlill be placed in the Station's public file no later than ·October 1, 2014, and was mailed by certified U.S. mail, return receipt requested, on September 4, 2014 to the follo~ng cable system(s):

~~FLORIDA CABLE fNC 23505 SR40 AST9R, FL 32102~~

~~Station: WESH~TV ·~~

~~Date: September4, 2014 By: ~~ . - vJe J. Carter . President/General Manager~~

~~., "" .~~

~~JAMES J . CAR'i"Ell. PRESIDENT & GENERAL MANAGER~~

~~VIA CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED September 4, 2014~~

~~JAMES PIERCE, GM FLORlDA CABLE INC 23505 SR40 ASTOR, FL 32102~~

~~Re: 2015-2017 ThreeoYeat' Election for Retransmission Com~e:o. t~~

~~Dea.r Sh' 01· Madam:~~

In accordance wit.ti Section 76.64 of tl1e Rules of the Federal Cornn111nications Co1mnission ("FCC''), this is to notify you that Station WK.CF and WKCF-DT, Orlando Florida, (the "Station") elects to require FLORIDA CABLE INC, which serves the community(ies) and/or county(ies) and unincorporated areas within tliose cor.nmunity{ies) ai1d county(ies) l ~sted on the enclosed 2015-2017 Retransmission Consent Election Statement, to obtain the consent of the Station fur retransmission of its broadcast sign~ effective January 1, 2015, through December 31, 2017. Consent of the Station for retransmission of its signal vlill be required for, but not limited to, the system(s) sening the community(ies) and councy(ies) listed on the enclosed Election Statement.

I would appreciate your contacting me to discuss the terms under which the system(s) may retransmit the Statioi:i's signal. If you already have a retransmission consent agreement with · t11e Station or with Hearst Television Inc. or a subsidiary thereof (collectively, "Hearst") that covers the Station for all or a portion of the January 1, 2015, through Decernber 31, 201 7;cycle, then the temis of that agreement will govern for the period -specified in t!1e agreement. Ifsuch an agreement expires prior to December 31~ 2017, tl1en it will be nece~sary fqr you to negotiate for retransmission consent following tlmt expiration. In addition, if any retransmission consent aireement between you and the Station or Hearst contains an automatic renewal provision, then this letter shall a!so serve as notice of termination of that agi-eement, and it \'..rill be necessary for · the system(s) to negotiate for retrdllSmission consent following expiration of i:he current term of that agreement. _ .. Enclosure s~~~C\ ~...,,,,._..· -~ cc: Public File ~al Manager

1. 0 22 Nor~h Wymore l'foe d · Wlnt~li' Park,!=!. 327$9 •TEL 407 G4 5··2222 l!):t.7200 • Ftl.X 401' 539·7G12 we:s M 2 I wusM.cq MI f.telV I c wu I cwiarv.r~o M 1·rn 1s i\! I ESTRIH.L r~ 111 I Ol'I L t~Noo1 1 Y wrw n o n n 3 u television inc . 2811 !~1 2015-2017 RETRANSMISSION CONSENT ELECTION STATEMENT FORSTATIONWKCF-TV and WKCF-DT

This Statement constitutes the election, pursu.ant to Section 76.64 of the Rules of the Fede1a1 Communications Commissio1~ by Orlando Hearst Television, Inc., licensee of Station 1 WKCF-TV and ''AlK.CF5 DT, Oi:lando, Florida (the "Station '), to require FLORIDA CABLE INC to obtain the Station's consent begllinfog January 1, 2015, for retransmission of its broadcast signal by, but not limited to, t.he cable or multichannel video programming distribution system(s) serving ~le followmg comm.unity(ies) and county(ies), any unincol'porated meas 1"Jithin these community(ies) and county(ies), and any other areas within the Station's Designated Market Area not specified below:

ASTOR, LA_K..E, FL -ASTOR, VOLUSIA, f'L, - OAK SPRINGS MHP LAKE, FL - ASTATULA LAJ(E, FL- SILVER SPRINGS MAPJON, FL· ANTHONY tv1ARION, FL - HA ¥ITHORNE ALACHUA, FL - HA WTHOlThIE PUTNAM:, FL - ZELLWOOD ORANGE, PL • SAINT CLOUD OSCEOLA, FL - KENANSV-!LLE OSCEOLA, FL - OCALA MARION, FL - OLD TOWN DIXIE, FL - CLERMONT LAKE, FL

~~This election is effective for the period beginning January 1, 2015, and tennLnatlrig as of December 31, 2017. ·~~

This will certify that tbis Statement vlill be placed in the Station's public file no later than October 1, 2014, and was mailed by certified U.S. mail, return receipt requested~ on September 4, 2014 to the follovling cable ~ystem(s):

~~FLORIDA CABLE INC 23505 SR40 ASTOR, PL 32102~~

~~Station: WKCF-TV~~

~~Date: September4, 2014· By:~~

~~September4, 2014~~

~~VIA CERTIFIED U.S. lVlAIL RETURN RECEfllT REQlJESTED~~

~~James Pierce Florida Cable P.O. Box498 Asto1·, FL 32102~~

~~Re: 2015-2017 Thrne-Yea r Election for Retransmission ·co:ose11t~~

~~Dear Sir or Madam:~~

In accordance with Section 76.64 of the Rules of the ·Federal Commtnli~:ci.ons Commission ("FCC"), fuis is to notify you that Station WMOR-TV, Tampa, Florida (the "Station") elects to require Florida Cable which serves the community(ies) and/or county(ies) and unincorporated areas within those community(ies) and couniy(ies) listed on the enclosed 2015-2017 Retransmission Consent Election Statement, to obtain the consent of the Station for retransmission of its broadcast signal effective January 1, 2015, through December 31, 2017. Consent of1he Station for r~ansmission of its signal will be required for, but not limited to, fue system(s) s~g the community(ies) and county(ies) listed on the enclosed Election Statement:

I would appreci!ll-"e your contacting me to discuss 'the terms under which the sysiem(s) may retransmit the Station's sign81. If you already have a retransmission consent agreement with the Station or with Hearst Television Inc. or a subsidiary thereof (collectively, '1Iearst") that covers the Station for all or a portion of the January l; 2015, tlu:ough December 31, 2017, cycle, then the terms of that agreement will govern for the period speci.fiecl in the agreement. If such an agreeme11t expires prior to December 31, 2017, then it will be necessary for you to negotiate for retransmission consent following that expiratiou. In addition, if any retransmission consent agreement between you and the Station or Hearst contains an automatic renewal provision, ineu this letter shall ~lso serve as notice of termination of that agreement, and it will be necessary for the systetn(s) to negotiate for retransmission consent following expiration of the current term of that agreement. Sincerely,

~~Enclosure~~

~~cc: Public File P£P..side11t and General Manager~~

~~2tlllS.I I . I~~

~~2015-2017 RBTRA.~SM1SSION CONSENT ELECTION STATlJMENT FOR STATION WMOR~~

This Statement constitutes the eleciion, pursuant to Section 76.64 of -the Rules of the Federal Communications Commission, by Hea.i'St Properties Inc. of Station \VJ\10R., Tampa, FL (the "Station"), to require i-=itorida Cable 'io obtain the Station's consent beginning Janilai.l' 1, 2015, for retransmission of its broadcast signal by, but not limited to, the cable or mcltlcharmel video programming distribution system(s) serving the following c-0mraunity(ies) ~d coULTty(ies), any unincorporated areas within these cormnwiity(ies) ll.nd com1ty(ies)> and any other areas within the Station's Designated Market Area not specified below: .

~~Hernr,ndo~~

This election is effective for the period beginning January l, 2015, and tennin~ting as of December 31, 2017. This will ce1tify that this Stateme11t will be place.cl in the Station's public file no later than October 1, 2014, and was m~Jled by certified U.S. mail; return receipt requested, on September 8, 2014 to the following cable system(s):

~~James Pierce Florida Cable P.0.Box498 Astor, FL 32102~~

~~St-ati.on: VJMOR~~

~~Date: ______Septembers . ._ _, 2014 By:~~

~~'lBl!M.2 2015-2017 RETRANS1v1ISSION CONSENT ELECTiON STATEMENT FOR STATION WMOR~~

This Statement constih ltes... the election, pursuant to Section 76.64 of the Rule-s of the Federal Cor..rununications Commission, by Hearnt Properties Inc. of Station WMOR, Tarupa, FL (the "Station"), to require Florida Cable to obtain the Station's consent beginning January 1, 2015, fol' retransir..ission of its broadcast signai by, but not limited to, the cable or multichru:mel video programming distribution system(s) serving the following community(ies) and county(ie.s). any unincmporated areas within these community(ies) and county(ies), and any othet areas within the Station's Design.axed Market Area not specified below;

~~Ci-lrns~~

~~Tilis election is effective for the period beginning January 1, 2015, and temlinating ~.s of December 31, 2017.~~

This will certify thax this Siatement Will be placed in the Station's public file no later than October 1, 2014, and wa5 mailed by certified U.S. mail, return receipt requested, on September 8, 2014 to the following cable system(s):

~~James Pierce Flori~a Cable P.O. Box 493 · Astor, FL 32102~~

~~Station: WMOR~~

~~Date: September 8 ;,2014 BY:~~A-.-L-u""'c"--as----=----- President and General Manager~~

~~2Gll1U t::l ,.; ,..:i J LI)~~

~~lJ"' / ~ ttl fYl~~

~~.-:! Fo~L'T1a1k Cl !\Oro CJ t:J~~

~~. ;-.,;.c I ,/El Agent I D Addressee~~

~~D. Is de!lve.-y adlte~s~~

3. SetVlce 'fype ~ Cerlined M11if' 0 Pr!orit{Mail Express'" -1 0 RegTstared ~ Return Receipt for Motchandis0 ti Insured M~ D GoUaet on Delivery 4. l'i~strloted DelvGJY? (fxlra Fae) Cl Yes EXHIBITC Jla1f&£9\ IEW 18 JAMES J. CARYER \I ~~ ...V..<'J!'I QFi!.At.mO --~--·------"-nE_·s._1D_E_NT_&_G.:...E.:...N..;.E_RA.:...!._M,;,;..A.:...N.:...AG:..:;::....;R

~~November 13, 2014~~

~~yta Certified U.S. Msil. Return R~e iut Rc"{mested~~

~~Mr. James Pierce Florida Cehle 23505 State Road 40 Astor. F!orid.ei 32102~~

Deo.r Mr. Pieree: Hear:n,s cun-ent Retransmission Cors:nt Agreement ("Agreement') with Florida Cable will expire cm December 31. 2014. Florida Cable is in default of that Ag\'eernent duo to the failure to pay Hearst the contractually sgmd upon cons!derati!:m required thereunder. The current d~ li nquent amount is s .

Hearst is p~pai""ed to offer Florida Cable a renewat agreement upon remittance of the outstanding a.mount. If that amoun1 is not paid in full and a renewal agreement is not secured prior to the expiration (or earlier termination due to breach) of the_curren t Agrooment. then Florida Cabl ~ ' s nuthori:zation to retransmit the · signals oft elevision stations W ESH~ WKCF and WMOR $hall end at 12:0 I AM. December 31. 2014. Please immediately remit the$ past due runourit fo accordance with the payment instructions of the Agreement in order to receive a renewal proposal. Nothing hereirt is intended to nor shaU act to wah'e any rights and remedies Hearst' may have as a result of Florida Cable's material bresd1of the Agreement, which may also include all amounts due 1.mder the Agreement, together with oosLc;, inte1·est, and reasonab?e attorney's fees incurred in collecting su~h amounts.

~~Ple11Se contact me ifyou have any questions.~~

Very truly yours., g:;,~ President&. Geru:ml Manager WESH-TVIWKCF·TV cc: Ken Lucas, General Manage1', WMOR-TV .fon athw C. Mintzer, Esq. David Kusimer, Esq. tOU North Wym o1·e Read· W!o~er Pt:rk, C: ~ 32109 • Tl!L 407 G4!Ht222 c<1:·t.7200 •FAX 407 53S·1B'i.Z w izsN 2 I t•(E:. SM.COM I M<.1TV I cw10 I cw101v.ccm 1·rn1 s TV I r.sYRllt.l.P. rv I o tu.At-iE'H:J wt WP.'! u o IA f3 s 'ii' television inc EXHIBITD Januaey 14, 2015

~~Via Ce11ified U.S. Mail. Return Receint R~g uested~~

~~Florida Cable Arm: John Russo, General Mai!ager 23505 State Road 40 Astor, Florida 32101~~

~~Re: No Retransmission Consent Agreement for Stations :wESH ~ WKCF ancl WMOR.~~

~~Dear Mr. Russo:~~

~~PLEASE TAI~~

EFFECTIVE IMM ED IATEL Y, cease all transmissions, retransmissions and distributions of any kind ofeach of the foregoing stations, including all the stations' programming and other content and materials.

Florida Cable's failure to inm1ediately comply with the demands of this notice letter may result in claims of copyright infdngement; violations of the Communications Act and FCC regulations, and fines, penalties and damages associated therewith together with costs, interest, and reasonable attorney's fees incurred in pursuing su.ch claims.

~~Please confirm to me that you have ceased all distl'ibution ofWESH-TV, WKCF-TV and WMOR-TV.~~

Nothing in this letter act or be dee.med to waive any rights or remedies of any of the foregoing stations or their respective ovm~rs for the retransmission, exhibition or other distribution of any of the aforementioned stations, or any content or materials of the stations, without appropriate permissions, licenses or other authoriwtions. Please contact the undersigned if you have any questions.

~~Very truly yours,~~

~~Jonathan C. Mintzer~~

~~cc: Jim Carter, Genernl r\,1~mager1 WESH(TV)/WKCF Ken L\tcas, General Ma..nager, WMOR.-TV David Kushner, Esq. EXHIBITE Astor /Pierson I Volusia Channel Lineup I Florida Cable Pagel~~

~~Florida Cable Inc.~~

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22 Sun Sports 33 Fox Sports I 34 TBS Superstation 35 American Movie Classics 36 Turner Classic Movies 37 Turner Network Television 38 ABC Family 39 Lifetime 40 USA Network 41 Syfy 42 Discovery Channel 43 The Learning Channel 44 History Channel 45 A 1ts & Entertainment 46 Home and Garden TV 47 Food Network 48 . Spike TV 49 Country Music Television 50 VH-1 51 MTV 52 TV Land 53 Nickelodeon 54 Cartoon Network 55 Galavision 56 Univision 57 UniMas 58 WGNChicago 59 Travel Channel 60 FX 61 Animal Planet 62 Home Shopping Network 63 WRDQ 27 JP Independent 64 CSPAN 95 CNN Headline News 98 E! Enle1tainment

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134 VH I Soul 135 Centric 136 Fuse 137 Great Americ!1Jl Country 138 MTVU 159 Esquire 160 Destination America 161 G4TV 163 Discovery Fit and Health 164 Oprah Winfrey Network 165 Pivot 166 . Trinity Broadcasting Network 167 The Word 168 SonLife Network 211 Bloomberg TV 250 Science Channel 251 Investigation Discove1y 252 American Heroes Channel 253 National Geographic 261 H2 295 EVINELive 311 F:XXEast 312 Golf Channel 313 Outdoor Channel 314 ESPN Classics 315 ESPNNews 316 NBC Sports Network 5l0 Independent Film Channel 511 Women's Entertainment 512 FX Movie Channel 513 Lifetime Movie Network 514 Sundance

~~http://www.floridacable.com/programming/lineups/centralflorida/astor.html 7/22/2015 10:43:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page4~~

431 Showtime 2 432 Showtime Showcase 433 Showtime Extreme 434 Showtime West 435 Showtime Showcase West 436 Showtime Extreme West 437 Showtime Next 438 Showtime Family 439 Showtime Women 440 The Movie Channel 441 The Movie Channel Xtra 442 The Movie Channel Xtra West 443 The Movie Channel West 444 Showtime 2 West 445 Fl ix 450 Starz! 451 Starz! Edge West 452 Starz! In Black 453 Starz! West 454 Starz! Cinema 455 Starz! Kids & Family 456 Starz! Comedy 457 Starz! Edge West 460 Encore 461 Encore Suspense 462 Encore Action 463 Encore Westerns 464 Encore Classic 465 Encore Black 466 ·Encore West 467 Encore Action West 468 Encore Black West 469 Encore Family 470 Encore Westerns West 471 Encore Classic West 472 Encore Suspense West

HDTV 701 WESH2NBCHD 702 WEST 2 MeTV lID 705 WKMG6CBSHD 706 \VKMG 6 Live Well Network HD 711 WFTV9ABCHD 712 WFTV 9 MegaTV HD 713 WFTV 9 GritTV lID 715 WOFL 35 Fox HD 721 WUCF 68 PBS lID 722 WUCF 68. Create lID 723 WUCF 68 World HD 724 WUCF 68 V-Me lID 730 WDSC 15 PBS HD

~~http://WW\v.:floridacable.com/programming/lineups/centralflorida/astor.html 7/22/2015 10:43:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page 5~~

~~731 WDSC 15 Florida Network HD 732 WDSC 15 WV HD~~

~~Pay Per View 811 iNDEMAND 1 812 il\1DEMAND2 814 iNDEMAND 4 815 il\1DEMAND 5~~

~~Adult Pay Per View 890 Playboy 891 Fresh! 892 Spice:Xcess 893 Club Jenna 894 · Hot Choice~~

Digital Music 910 Beautiful Instruments 911 Jazz Vocal Blends 912 Hottest Hits 913 Modem Country 914 Alternative 915 Adult Contempora1y 916 Lite Classical 917 Rock n Roll Oldies 918 Classic Rock 919 Urban Beat 920 Coffeehouse Rock 921 Dance 922 Retro Disco 923 Album Rock 924 80\'s Hits 925 70'sHits 926 ClassicR&B 927 Hard Rock 928 Soft Hits 929 Golden Oldies 930 Traditional Country 931 Groove Lounge 932 Smooth Jazz 933 Big Band Swing 934 New Age 935 Holidays & Happenings 936 Great Standards 937 Contemporaiy Christian 938 Reggae 939 Children's 940 Urban Adult Contemporary 941 Rap 942 Jazz 943 Blues

~~http://www.floridacable.com/programming/lineups/centralflorida/astor.html 7/22/2015 10:43:28 AM Astor I Pierson I Volusia Channel Lineup I Florida Cable Page6~~

~~944 Gospel 945 Subterranean 946 Symphonic~~

~~"Available with QAM co:npatib!e HDTVs. No cable box requir~d.~~

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~~Oak Forest~~

Basic Cable 2 HBO* 3 Cinemax* 4 WMOR 32 ThisTV Tampa 5 WMOR 32 Independent Tampa 6 Disney Channel 7 WOGX 51 Fox Ocala 8 WFLA 8 NBC Tampa 9 WTTA 38 MyTV Tampa 10 WTSP 10 CBS Tampa 11 WFTS 28 ABC Tampa 12 WTOG 44 CW Tampa 13 WTVT 13 Fox Tampa 14 WEDU 3 PBS Tampa 15 WVEA 62 Univision Tampa 16 TBS Superstation 17 USA Network 18 WGN Chicago 19 Animal Planet 20 ABC Family · 21 ESPN 22 WCLF 22 CTN 23 CNN Headline News 24 Discovery Channel 25 Arts & Entertainment 26 Syfy 27 SpikeTV 28 Country Music Tele-yision 29 The Learning Channel 30 Turner Classic Movies 31 Turner Network Television 32 History Channel 33 Ca1toon Network 34 TV Land 35 Nickelodeon . 36VH1 37 CSPAN

~~http://w>.vw.floridacable.com/programming/lineups/centralf1orida/oakforest.htrnl 7/22/2015 10:48:02 AM Oak Forest Channel Lineup I Florida Cable Page2~~

~~38 The Weather Channel 39 Home Shopping Network 40 E! Entertainment 41 CNN 42 Home and Garden TV 43 ESPN2 44 National Geographic 45 Hallmark Channel 46 Local Origination 98 truT V 99 Fox Business News~~

*Denotes premium service by subscription only.

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~~http://Vvww.floridacable.com/programming/lineups/centralflorida/oakforest.html 7/22/2015 10:48:02 AM EXHIBIT 2 Michell e West lake~~

~~From: [email protected] Sent: Friday, July 24, 2015 2:10 PM To: Michelte Westlake Subject: FedEx Shipment 774119648850 Delivered~~

~~Your package has been delivered Tracking # 77 4'1 19648850~~

Ship date: Delivery date: Thu, 7/23/15 Fri, 7/24/'15 2:08 pm ...... David ~{ushne; Mr. David S. Suarez, CEO & Brooks Pierce :W»41"') Chaim1an Raleigh, NC 27601 ...., Florida Cable Inc. us ---Delivered 23505 State Road 40 ASTOR, FL 32·102 us

~~Shipment Facts~~

~~Our records indicate that ihe following package has been delivered.~~

~~Tra~king number: 774119648850~~

~~Status: Delivered: 07/24/2015 2:08 PM Signed for By: .PIGUE~~

~~Reference: 22120-13877~~

~~Signed for by:· .PIGUE~~

~~Delivery location: ASTOR, FL~~

~~Delivered to: ReceptionisUFront Desk~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces:~~

~~Weig_ht: 0.50 lb.~~

~~Special handling/Services: Deliver Weel~~

: . ' P l i:t:;)~~ ti\J .-.ot 1:.?:\t:.t1n 1 i 1i ~ n1€..:S~i~1 £'!~ Tit:~ ~ .•1::ii ; , ,,;-.:; :.le:th i10.n ·::tn '"' :t~~:.? 1 \ 1.! ztl 1t1 nil::nx 1 hi:; ?.!"..;,;i wri~ {:i'Zn-0i'~i~·1 ~~l .~pp1\~Xi 1 m:l~I~ l. f(I Pi,1 t'.O"t" ri.o ll 7/1•ll~l) l !i.

~~1 Michelle Westlake~~

~~From: [email protected] Sent: Friday, July 24, 2015 2:10 PM To: Michelle Westlake Subject: FedEx Shipment 774119584833 Delivered~~

~~Your package has been delivered Tracking # 774119584833~~

~~Sl1ip date: Delivery date: Fri, 7/24/15 2:08 pm Thu, 7 /23/15 . . oavi'ci Kl1~iliier Mr. James Piere~, Vice Orooks Pierce ~ P~~

~~Shipment·Facts~~

~~Our records indicate that the following package has been delivered.~~

~~Tracking nurnbe;: 774119584833~~

~~Status: Delivered: 07/24/20'15 2:08 PM Signed for By: .PIGUE~~

~~Reference: . 22120-13877~~

~~Signed for by: .PIGUE~~

~~Delivery l ocation: ASTOR, FL~~

~~Delivered to: Receptionist/Front Desk~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces:~~

~~Weight: 0.501b.~~

~~Special handling/Services: Deliver Weekday~~

~~1 1 • P l ~Cl~? l1o 110i r.?$ 1.>IJtHJ l('I thi:; 1n~ssr1~!:. Tiu:..: ~r.1a il 71:;s sen t 1• t'1n ~ n m 1~h~uc:e,1 Hl~~

~~1 Michelle W estlake~~

~~Fro m: [email protected] Sent: Friday, July 24, :2015 2:10 PM To: Michelle Westlake Subject: FedEx Shipment 774119521872 Delivered~~

~~Your package has been delivered Tracking# 77 4119521872~~

~~Ship date: Del!very date: Thu, 7/23/15 Fri, 7/24/15 2:08 pm~~

~~David ~Cushner Mr. G~uy · M. Eng.lish, Brooks Pierce ~) President Raleigh, NC 27601 ~ Florida Cable Inc. us ---Delivered 23505 State Road 40 ASTOR, FL ;32:102 us~~

~~Shipment Facts~~

~~Our records indicate that ihe following package has been delivered.~~

~~Tracking number: 774119521872~~

~~Status: Delivered: 07/2412015 2:08 PM Signed for By: .PIGUE~~

~~Reference: 22120-'13877~~

~~Signed for by: .PIGUE.~~

~~Delivery location: ASTOR, FL~~

~~Delivered to; Receptionist/Front Desk~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces:~~

~~Weigh\.: 0.501b.~~

~~Special handlinglServices: Deliver Weekday~~

· ?M~~J ~1i.> ''.Jl 1 ~~:,... ·.,E: l•J :tu; nit>-;. ..: :1i; ~. 'fii t~ ~.1tt! 1I , .••.~;; .:ic-· ,tl '· '-''" ;·1, W':~i~~I ,,· f't: 1lh,,~;,,.1 ~ 1".•i; ,._1-~N• '.If~!~ :~e: i ':Hl1 ,:·.J ;~; .~;'1J ~':i.:i 1H .1:~ : ~ I: Jr· ;.·: 1CL' r l.1il (Ji'/.' .f!l1.i5.

1 ! ... ,..,.'l"T7 . ..--i.o · · ..- ·-- --..-- ... -- ' · Yi l>e~ ;. . ·· .. • ' I <.. --.:..~--- ....a...... _.:_J ~ ·:J 1ature ;_ \ ~l\ fl ' _ k(~gent . ..:....:.~.Q....1'..--_\ V."..Jl)ly D A(ldreme B. {':r,eived by (Printed Name~ "- C. Date of Delivery · ~(\Y \ Y1CA. \h,\l.,l'L .....I ) .LJ I\\ -, -. A-rt-ic-IG"-A-.cl-d-re-s-se_d_t_o :--~------1 D. Is delivery address different from item 1? O Yes lilir. David S. Suarez, CEO & Chairman If YES enter deliveiy address below: . D No Florida Cable Inc. 23505 State Road 40 Astor, FL 32102-2907

~~·3. Service Type Jg] Certified IIllll lll llllHllI lilllH ll IIll II llllIll II II ll 9290 9969 0099 9702 7690 74 4. Restricted Delivery? (Extra Fee) D Yes 9 214 7969 0099 9790 1602 7690 6 7~~

~~PS Form 33·1 1 Dqmestic Re!um Receipt~~

~~~------""""'( 2. J}tlti_Q!~ .t-l'll.ri'!~~ r· ~~------~~

D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: · If YES enter delivery address below: D No M r. James Pierce, Vice President Florida CalJ!e Inc. 23~05 State Road 40 Astor, FL 32102-2907 , I

~~:S. Service Type IX! Certified ll lllllll lll l ll~ I Ill llllll ll llllllll II I Ill Ill < • 9290 9969 0099 9702 769111 4. Restricted Delivery?. (Extra Fee)' D Yes~~

~~921~ 7969 0099 9790 1602 7691 04~~

~~_P_S_F_o_rm~3_8_1_·1 _____~-· -·· -··--~· ..• QQ1.11esticf!e!tJ.111 Fteceipt • .r -. t·'-·~~

D. Is delivery address diiferehtfrom Item 1? 0 Yes 1. Article Addressed to: If YES enter delivery address below: D No Mr. Gary M. English, President Florida Cable Inc. 23505 State Road 40 Aslor, fl 32102-2907

~~3. Service Type lXI Certified ii lllllll llllllllI Ill llllll llll ll Ill Illll I II ll 9 290 9969 0099 9702 7686 95 4. Restricted Delivery? (£xtra Fee) D Yes~~

~~9214 7969 0099 9790 1602 7686 88 EXIITBIT 3 8/11/2015 Astor I Pierson I Volusia Channel Lineup I Florida Cable~~

~~Florida Cable Inco~~

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~~You are here: Programming>>. Channel Lineups >> Central Florida>> Astor I Volusia I Pierson~~

~~Astor I Volusia I Pierson~~

Basic 2 WESH2NBC 3 WDSC 15PBS 4 W~ex 55 Independent 5 WRBW65UPN 6 WKMG6CBS 7 Local Origination 8 WKCF 18CW 9 WFTV9ABC IO TV Guide 11 WUCF68PBS 12 WOFL35Fox 13 The Weather Channel 14.1 WESH 2 NBC HD** 14.2 WESH 2 MeTv HD** 14.11 WKMG 6 CBS !:ID** 14.1 2 WKMG 6 Live Well Network HD** 15.1 WFTV 9 ABC HD** 15.2 WFTV 9 MegaTV HDt.'* 15.3 WFTV 9 GritTV HD** 15.11 WOFL 35 Fox HD**· 16.1 WUCF 24 PBS HD** 16.2 WUCF 24 Create HD** 16.3 WUCF 24 World HD*':' 16.4 WUCF24 V-MeHD** 16.11 WDSC 15 .PBS HD**

htto://iloridacable.com/oroorammlna/lineuos/centralflorida/aslor html if? 8/11/2015 Astor I Pierson I Volusia Chamel Lineup I Florida Cable 16.1 2 WDSC 15 Florida Channel HD.:,.:, 16.13 WDS C 15 WV HD** 17 CNN 18 CNBC 19 Fox News 20 ESPN 21 ESPN2 22 Sun Sports 33 Fox Sports 1 34 TBS Superstation 35 American Movie Classics 36. Turner Classic Movies 37 Turner Network Television 38 . ABC Family 39 Lifetime 40 USA Network 41 / Syfy 42 Discovery Channel 43 The Learning Channel 44 History Channel 45 Arts & Entertainment 46 Home and Garden TV 47 Food Network 48 Spike TV 49 Country Music Television 50 VH-1 51 MTV 52 TV Land 53 Nickelodeon 54 Cartoon Network 55 Galavis ion 56 Univision 57 UniMas 58 WGNChicago 59 Travel Channer 60 FX 61 Animal Planet 62 Home Shopping Network 63 WRDQ 27 JP Independent 64 CSPAN 95 CNN Headline News

~~httn·//florir!P.r-.;:;hlP. r.om/nrmr..mminniliM11n<:/r.Pnlr:>.lflorirfafa<:tnr html 8/11/2015 Astor I Pierson I Volusia Channel Lineup I Florida Cable 98 E ! Entertainment~~

Digital Basic 110 A&E Biography 111 BBC America 112 Bravo West 113 Bravo 114 cloo 120 Game Show Network 121 Teen Nick 122 Nick Jr. 123 Discovery Kids 124 Nick Toons 130 MTV2 131 MTV Hits 132 VH 1 Classic Rock 133 CMf Pure Country 134 VH 1 Soul 135 Centric 136 Fuse 137 Great American Country 138 MTVU 159 Esquire 160 Destination America 161 G4TV 163 Discovery Fit and Health 164 Oprah Winfrey Network 165 Pivot 166 Trinity Broadcasting N~twork 167 The Word 168 SonLife Network 211 Bloomberg TV 250 Science Channel 251 Investigation Discovery 252 American Heroes Channel 253 National Geographic 261 H2 295 EVINELive 311 F:XXEast 312 Golf Channel 313 Outdoor Channel

Li.s-..1/a.-..:-1---t..1- _..,,- /.,.,...... _,,. ___ l_,...11;...,,.., ,..,..,.,..,,..,,...... 1" """';~ ... ( ...,..fl"'>r f.,h-.1 8/'11/2015 Astor I Pierson /Volusia Channel Llnsup I Florida Cable 314 ESPN Classics 315 ESPN News 316 NBC Sports Network 510 Independent Film Channel 511 Women's Entertain_ment 512 FX Movie Channel 513 Lifetime Movie Network 514 Sundance

Digital Premium Movies 410 HBO 411 HB02 412 HBO Signature 413 HBO Family 414 HBO West 415 HBO Family West 416 . HBO Comedy 417 HBO Zone 418 HB02 West 419 HBO Signature West 420 Cinemax 421 More Max 422 Cinemax West 423 More Max West 424 Action Max 425 Thriller Max 430 Showtime 431 Showtime 2 432 Showtime Showcase 433 Showtime Extre·me 434 Showtime West 435 Showtime Showcase West 436 Showtime Extreme West 437 Showtime Next 438 Showtime Family 439 Showtime Women 440 The Movie Channel 441 The Movie Channel Xtra 442· The Movie Channel Xtra West 443 The Movie Channel West 444 Showtime 2 West

e-.u...... 1,n ..... :..1 ...... L... 1...... _.,_ .. ,,..,_ .. _.._ ...... :-;.n: ... .-..-.... 1... ,....,...... ,,,~ ..... :,.!....,f...... ,...... h •.-1 8/11/2015 Astor I Pierson I Volusia Channel Unaup I FIOf'lda Cable 445 Flix 450 Starz! 451 Starz! Edge West 452 Starz! In Black 453 Starz! West 454. Starz! Cinema 455 Starz! Kids & Family 456 Starz! Comedy 457 Starz! Edge West 460 Encore 461 Encore Suspense 462 Encore Action 463 Encore Westerns 464 Encore Classic 465 Encore Bfack 466 Encore West 467 Encore Action West 468 Encore Black West 469 Enc9re Family 470 Encore Westerns West 471 Encore Classic West 472 Encore Suspense West

HDTV 701 WESH 2NBCHD 702 WEST 2 MeTV HD 705 WKMG 6CBSHD 706 WK.MG 6 Live Well Network HD 711 WFTV9ABCHD 712 WFTV 9 MegaTV HD 713 WFTV 9 GritTV HD 715 WOFL 35 Fox HD 721 WUCF 68 PBS HD 722 WUCF 68 Create HD 723 WUCF 68 World HD 724 WUCF68 V-Me HD 730 WDSC 15 PBS HD 731 WDSC 15 Florida Network HD 732 WDSC 15 WVHD

~~Pay Per View~~

httn-//flmirl::...-~hlP l'.nm/11r1V1r:1mminn/linp111"1<:/r.,ntr:olflnrirl::>f<>dnr hfml 811112015 Astor I Pierson/Volusia Channel Line~ I Florida Cable 811 iNDEMAN D 1 812 iNDEMAND2 814 iNDEMAND4 815 iNDEMAND 5·

~~Adult Pay Per View 890 Playboy 891 Fresh! 892 Spice:Xcess 893 Club Jenna 894 Hot Choice~~

Digital Music 910 Beautiful Instruments 911 Jazz Vocal Blends 912 Hottest Hits 913 Modem Country 914 Alternative 915 Adult Contemporary 916 Lite Classical 917 Rock n Roll Oldies 918 Classic Rock 919 Urban Beat 920 Coffeehouse Rock 921 Dance 922 Retro Disco 923 Albun;i Rock 924 80\'s Hits 925 70's Hits 926 Classic R& B 927 Hard Rock 928 Soft Hits 929 Golden Oldies 930 Traditional Country 931 Groove Lounge 932 Smooth Jazz 933 Big Band Swing 934 New Age 935 Holidays & Happenings 936 Great Standards 937 Contemporary Christian http:/lfloridacable.com/programming/lineups/centralflorida/astor.htrnl 617 8/11/2015 Astor I Pierson / Volusia Channel Line~ I Florida Cable 938 Reggae 939 Children's 940 Urban Adult Contemporary 941 Rap 942 Jazz 943 Blues 944 Gospel 945 Subterranean 946 Symphonic

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~~http:111loridacable.com /pro~rarn rn i nwli nsups/ceniralflori da/astor .htrn I 7(7 8/11/2015 Oak Forest Channel Lineup I Florida Cable~~

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~~Oak Forest~~

Basic Cable 2 HBO* 3 Cinemax* 4 WMOR 32 ThisTV Tampa 5 WMOR 32 Independent Tampa 6 Disney Channel 7 WOGX 51 fox Ocala 8 WFLA 8 NBC Tampa 9. WTTA 38 MyTV Tampa 10 WTSP I 0 CBS Tampa 11 WFTS 28 ABC Tampa 12 WTOG 44 CW Tampa 13 WTVT 13 Fox Tampa 14 WEDD 3 PBS Tampa 15 WVEA 62 Univision Tampa 16 TBS Superstation 17 USA Network 18 WGN Chicago 19 Animal Planet 20 ABC Family 21 ESPN 22 WCLF 22 CTN 23 CNN Headline News 24 Discove1y Channel 25 Arts & Entertainment 26 Syfy htip://floridacable.com/program111ing/llneups/centralt1orida/oakforest.html 112 8111/2015 Oak Forest Channel Lineup I Florida Cable · 27 Spike TV 28 Country Music Television 29 The Leaming Channel 30 Turner Classic Movies 31 Turner Network Television 32 History Channel 33 Cartoon Network 34 TVLand 35 Nickelodeon 36VH1 37 CSPAN 3 8 The Weather Channel 39 Home Shopping Network 40 E! Entertainment 41 CNN 42 Home and Garden TV 43 ESPN2 44 National Geographic 45 Hallmark Channel 46 Local Origination 98 truTV 99 Fox Business News

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1- !.J.-.HD- - ! -1-- - '-1 - _ _ _ ,_.., _____ -!-... /I: ...... , _,../,...... f...... 1"1 -. ..; ,..,,.. / ,...... ,l,~.. -- t. 1-.:.-1 ·EXHIBIT4 BEFORETilE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554

In the Matter of ) ) Florida Cable Inc. ) MB Docket No. 15-__ ) CSR ___ _ _ Enforcement Complaint Concerning ) Retransmission Without Authorization of ) WESH(TV), Daytona Beach, Florida, ) WKCF(TV), Clermont, Florida, and ) WMOR-TV, Lakeland, Florida )

~~To: Office of the Secreta1y Attention: Media Bureau~~

~~ENFORCE.MENT COMPLAINT~~

~~Hearst Properties Inc., a subsidiary of Hearst Television Inc. (collectively, "Hearst"), by~~

~~and through their undersigned counsel, hereby files this Enforcement Complaint, pursuant to~~

~~Section 76.7 of the Commission's rnles, 47 C.F.R. § 76.7, against Florida Cable Inc. ("Florida~~

~~Cable") for its continuing and willful violation of Section 325(b) of the Communications Act of~~

~~1934, as amended ("the Communications Act"), 47 U.S.C. § 325(b)(l)(A), and Section 76.64 of~~

~~the Commission's rules, 47 C.F.R. § 76.64(a). Hearst respectfully requests the Commission issue~~

~~an order compelling Florida Cable to cease immediately its unauthoiized retransmission of the~~

~~signals of broadcast stations WESH(TV), Daytona Beach, Florida, WKCF(TV), Clermont,~~

~~Florida, and WMOR-TV, Lakeland, Florida (collectively, the "Stations"). In addition, because~~

~~Florida Cable does not have Hearst's consent or authorization to retransmit the Stations and has~~

~~repeatedly ignored Hearst's numerous requests that it cease its uoauthorized retransmissions,~~

~~Hearst respectfully requests that the Commission initiate a fo1feiture proceeding against Florida~~

- 1 - 310500.5 Cable pursuant to Section 503 of the Communications Act, 47 U.S.C. § 503, and Section 1.80 of the Commission's rules, 47 C.F.R. § 1.80, to penalize Flolida Cable for its willful, egregious, and

~~THE PARTIES~~

~~1. ·Hearst Properties Inc. is the FCC licei1see of Stations WESH(TV), Daytona Beach,~~

Florida, WKCF(TV), Clermont, Floiida, and WMOR-TV, Lakeland, Florida. WESH and WKCF opei·ate in the Orlando-Daytona Beach-Melbourne Designated Market Area ("DMA"). WMOR operates in the Tampa-St. Petersburg (Sarasota) DMA.

~~2. Florida Cable operates one or more cable systems in the Orlando-Daytona Beach-~~

~~Melboume DMA.~~

~~FACTUAL BACKGROUND~~

~~3. From January 1, 2012, through December 31, 2014, Florida Cable and Hearst were~~

~~parties to a retransmission consent agreement (the "Prior Agreement") governing carriage of the~~

~~Stations by Florida Cable. See Declaration of James J. Carter (Aug._ 2015),~~

~~attached hereto as Exhibit I.~~

~~4. Florida Cable defaulted on the Prior Agreement by failing to pay the monthly~~

~~retransmission consent fees it had agreed to pay. Carter Deel.~~

~~5. By letter dated July 8, 2014, Hearst provided Florida Cable with a notice of its~~

~~breach of the Prior Agreement. See Carter Deel.~~

~~Florida Cable). Florida Cable did not cure its breach, and its authority to retransmit the Stations~~

~~terminated at 12:01 am on July 19, .2014. Carter Deel.~~

~~- 2 - 310500.5 D · IT«P~e~~1r~~

6. By letters dated September 4, 2014, Hearst sent Florida Cable retransmission consent election notices for each of the Stations in compliance with 47 C.F.R. § 76.64(f) for the electiou cycle commencing January I-, 2~15, and ending December 31, 2017. See Carter Deel.

~~(attaching Sept. 4, 2014 retransmission consent election notices from Hearst to Florida Cable).~~

~~Each of the notices was received and signed for by Florida Cable. See .id. As a result, since~~

~~January 1, 2015, Florida Cable cannot retransmit the Stations during the current election cycle on a must-carry basis.~~

7 . By letter dated November 13, 2014, Hearst informed Florida Cable that, notwiU1standing Florida Cable's still-uncured default under the Prior Agreement, Hearst was prepared to enter into a renewal retransmission consent agreement if Florida Cable paid the delinquent retransmission consent fees. See Cruter Deel. CJ[ 6 (attaching Nov. 13, 2014 letter from

Hearst to Plorida Cable). Hearst further informed Florida Cable that if such a renewal agreement were not secured prior to the expiration date of the Prior Agreement, then Florida Cable would have no basis for authorization to retransmit the Stations after December 31, 2014. Heru·st received no response from Florida Cable to its November 13, 2014 letter. See Carter Deel. CJ[ 6.

~~8. On December 16, 2014, James Carter, the President and General Manager of~~

~~Stations WESH and WKCF, attempted to reach Florida Cable's CEO and Chairman, David Suarez,~~

~~by telephone to discuss Florida Cable's retransmission of the Stations' signals. He was not able~~

~~to reach Mr. Suarez, ru1d Mr. Suarez did not return the teleP,hone call. See Carter Deel. lj[ 7 .~~

~~9. The Prior Agreement expired by its te1ms on December 31, 2014, and Florida Cable~~

~~made no attempt to enter into a renewal retransmission consent agreement or otherwise to respond~~

~~to Hearst's repeated attempts to communicate with Florida Cable about its retransmission of the~~

~~Stations' signals.~~

~~- 3 - 3lOSOO.S 10. Upon information aud belief, Florida Cable continued to carry the Stations on its systems following the expiration of the Plior Agreement and has continued to do so without~~

~~Hearst's authorization since January 1, 2015.~~

~~11. Having received no response from Florida Cable to any of its letters, but having reason to believe that Florida Cable was continuing to ret.ransmit the Stations after December 31,~~

~~2014-, without Hearst's authorization to do so, Hearst sent Florida Cable a further notice, dated~~

~~January 14, 2015, clearly informing Florida Cable that it had lost its authorization to retransmit~~

~~the Sta.tions and demanding that Florida Cable cease such retransmissions. See Carter Deel.~~

~~(attaching Jan. 14, 2015 letter from Hearst to Florida Cable).~~

~~12. Hearst again i:eceived no response from Florida Cable and no. confirmation that~~

~~Florida Cable had ceased its unauthorized retransmissions. Caiter Deel. ~[ 8.~~

~~13. By letter dated July 23, 2015, Heai·st, through outside counsel, made yet another~~

~~attempt to notify Florida Cable of its breach of the Prior Agreeme~1t and its continuing violation~~

~~of the Communications Act, demanding that Florida Cable cease its unauthorized retransmission~~

~~of the signals of each of the Stations and noting that its retransmission without Hearst's consent~~

~~could subject Florida Cable to the imposition of a forfeiture. See Letter on Behalf of Hearst to~~

~~Florida Cable (July 23, 2015), attached hereto as Exhibit IL~~

~~14. The July 23 letter informed Florida Cable that, if it failed to confirm by August 10,~~

~~2015, that it had ceased its unautholized retransmission of the Stations' signals, Heai·st would be~~

~~left with no choice but to file a complaint with the Commission.~~

~~15. When Hearst again received no response from Florida Cable, it prepared this~~

~~Enforcement Complaint and, at the same time, prepared a further letter informing Florida Cable of~~

~~its intent to file the Complaint if Florida Cable did not immediately cease its unauthorized~~

~~-4- 31Uo(l0.S retransmission of the Stations' signals and provide written confirmation that it had done so by~~

~~August 24, 2015. See Letter on Behalf of Hearst to Florida Cable (Aug. 14, 2015), attached hereto~~

~~as Exhibit III. The letter provided Florida Cable with an advance draft of this Complaint and noted~~

~~that it did so as a final courtesy in one last attempt to avoid an enforcement proceeding at the FCC.~~

~~16. In keeping with its now-longstanding pattern of ignoring Hearst's requests that it~~

~~comply with the retransmission consent laws, Florida Cable did not confirm by August 24, 2015,~~

~~that it ceased retransmitting the Stations' signals but rather has continued to ignore Hearst's~~

~~commmlications and has persisted in its unauthorized retransmission of the Stations' signals.~~

~~FLORIDA CABLE CONTINUES TO RETRANSMIT THE STATIONS IN VIOLATION.OF THE COMMUNICATIONS ACT~~

~~17. Despite its lack of authorization to retransmit the Stations and Hearst's repeated~~

~~notifications, Florida Cable's channel line-ups continue to list each of the Hearst Stations. See~~

~~Exhibit III (including as attachment to letter an Exhibit 3 providing Florida Cable channel line-up~~

~~for Astor/Volusia/Pierson, which lists WESH and WKCF, and the channel line-up for Oak Forest,~~

~~which lists WMOR, printed August 11, 2015).~~

~~18. .In addition, ii~ July 201~ , two Florida Cable representatives confirmed by telephone~~

~~that Stations WESH and WKCF are available on Florida Cable systems. See Declaration of Lenora.~~

~~E. Boutte (Aug. _ , 2015), ~[~~

~~19. Section 325 of the Communications Act requires cable systems and other~~

~~multichannel video programming distributors ("MVPDs") to obtain "the express authority of the~~

~~1 originating station" to retransmit a broadcasting station's signal. See 47 U.S.C. § 325(b)(l)(A).~~

~~1 Although Section 325(b) sets forth certain limited exceptions to the retransmission consent requirement, none is applicable here.~~

- 5 - 310500.S Absent such consent, no cable system or other MVPD "shall retransmit the signal of a broadcasting station." Id. The Commission codified this requirement in Section 76.64 of its rules, which further requires retransmission consent agreements to be in writing and to "specify the extent of the consent being granted." 4TC.F.R. § 76.64(a), G).

20. The legislative history of the Communications Act makes clear that Congress intended the retrausmission consent regime to "allow broadcasters to control the use of their signals by anyone engaged in retransmission by whatever means." See S. REP. No. 102-92 (1991), at 34.

~~21. Despite Hearst's repeated attempts to communicate with Florida Cable and its repeated requests tbat Florida Cable stop its unauthorized retransmission of the Stations' signals,~~

~~Florida Cable has refused to cease its unauthorized retransmissions.~~

22. As the Com.mission has confirmed, a cable system that "retransmit[s] the signal of a broadcasting station without 'the express authority"' of the broadcaster "willfully and repeatedly violate[s] Section 325 of the Communications Act ... and Section 76.64 of the Commission's rules." In re Notice of Apparent Liability for Fmfeiture of Bailey Cable Tv, Inc., 27 FCC Red

~~2625, 2625,~~

~~27.FCC Red 2631, 2631,~~

~~23. Florida Cable's continued retransmission of the Stations' signals on its systems, in~~

~~direct contravention of Hearst's repeated statements and instructions, constitutes a blatant, willful,~~

~~and ongoing v!olation of Section 325(b) of the Conununications Act and Section 76.64 of the~~

~~Commission's rules.~~

~~24. The Commission has stated that "properly documented retransmission of a~~

~~television signal without consent would be grounds for imposition of a forfeiture." Implementation~~

~~-6- 310500.S of the Cable Television Consumer Protection a11d Competition Act. of 1992, Broadcast Signal~~

Carriage Issues, Report and Order, 8 FCC Red 2965, 3005, 9[ 175 (1993) ("Must-Carry Order)'); see also. 47 C.F.R. § l.80(a)(2) (declaring that "[a] forfeiture penalty may be assessed against any person found to have ... [w]illfully or repeatedly failed to comply with any of the provisions of the [Act]; or of any rule, regulation or order issued by the Commission").

~~25. The base forfeiture for a cable system retransmitting a television station's signal · without jts express authority is $7,500 per day. See Bailey Cable NALs, 27 FCC Red at 2628,~~

~~id. at 2634,~~

~~Forfeiture Order, 29 FCC Red 8648, 8656-57, 8658, 'jffi 16, 19 (2014) (concluding that MVPD~~

~~"consciously and deliberately retransmitted the Stations without having written retransmission~~

~~consent agreements in place," rendering the violations "willful" and "repeated"; the Commission~~

~~therefore imposed fo1feiture in the amount of $2,250,000); 47 C.F.R. § 1.80.~~

~~26. Florida Cable's willful and ongoing violation of the Communications Act and the~~

~~Comnlission' s rules should subject Florida Cable to a base forfeiture of $7 ,500 per day per Station~~

~~for the period commencing January 1, 2015. The Bailey Cable NALs indicate that such a base~~

~~forfeiture is appropriate, with each day of unlawful carriage of each Station representing a separate~~

~~violation.2~~

~~27. In addition, Fl01ida Cable should be ordered to terminate immediately its~~

(i.e., from July 19, 2014, through December 31 1 2014) as thal involves a private contract between the parties. Imposition of a forfeiture against Florida Cable is appropriate for its continuing retransmission of the Stations' signals since January 1, 2015, following expiration of the Prior Agreement and the commencement of a new retransmission consent/must-carry election cycle for which the Stations elected retransmission consent and for which there is no retransmission consent agreemenl between the parties.

-7- 3 10 ~00. S unauthorized retransmission of the Stations' signals. The Commission has the authority to enter such an order. See, e.g., In re Complaint of North Texas Broadcasting Corp., 10 FCC Red 8343, . .

8344, ~ 5 (1995) (concluding that "carriage of the signal of [a broadcast station] without its retransmission consent ... having been obtain[ed] is in violation" of the Communications Act and ordering cable system to "inform the Commission that it has ceased carriage of the signal . . . or received the necessary retransmission consent" within 30 days).

~~WHEREFORE, Hearst respectfully r~quests that the Conunission:~~

~~· 1. Find Florida Cable in violation of the Conununications Act and the Commission's rules;~~

~~2. Order Florida Cable to cease immediately its unauthorized retransmission of the~~

~~Stations' signals; and~~

~~3. Expedite the initiation of a fo1feiture proceeding and the issuance of a notice of apparent liability to penalize Florida Cable for its willful and egregious violations gf the~~

~~Communications Act and the Commission's rules.~~

~~Respectfully submitted,~~

~~HEARST TELEVISION INC. HEARST PROPERTIES INC.~~

~~David Kushner Julia C. Ambrose BROOKS, PIERCE, MCL ENDON, HUMPIIREY & LEONARD, LLP 1600 Wells Fargo Capitol Center P.O. Box 1800 Raleigh, North Carolina 27602 (919) 839-0300~~

~~Attorneys for Hearst Television Inc. and Hearst Properties Inc. Dated August_, 201 5~~

~~- 8 - 310500.5 [Exhibits to Draft Enforcement Complaint Intentionally Omitted] Your package has been delivered Tracking # 77 4285330967~~

Ship date: Delivery date: Fri, 8/14/15 Mon, 8/17/15 1 :46 pm David Kushner' Mr. James Pierce Brooks Pierce Law Firm ----Vice President Raleigh, NC 27601 23505 State Road 40 Florida us Delivered Cable Inc. ASTOR, FL 32102 us

~~Shipment Facts Our records indicate that the following package has been delivered.~~

~~Tracking number: 774285330967~~

~~Status: Delivered: 08/17/2015 1:46 PM Signed for By: K.VALDEZ~~

~~Reference: 22120-13877~~

~~Signed for by: K.VALDEZ~~

~~Delivery location: ASTOR, FL~~

~~Delivered to: ReceptionisUFront Desk~~

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Number of pieces: Weight: 2.00lb. I Special handling/Services: Deliver Weekday I -· ------· -.J l:::::::J Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 12:48 PM CDT on 08117/2015.

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To track the latest status of your shipment, click on the tracking number above, or go to feciex.com. This tracking update has been sent to you by FedEx at your request. FedEx does not validate the authenticity of the requestor and does not validate, guarantee or warrant the authenticity of the requesl. the requester's message, or the accuracy of this tracking update. For tracking results and terms of use, go to fedex.com.

~~Thank you for your business. Your package has been delivered · Tracking# 774285290710~~

Ship date: Delivery date: Fri, 8/14/15 Mon, 8/17/15 1:46 pm David Kushner Mr. David S. Suarez Brooks Pierce law Firm ----CEO&Chairman r,:-, .. Raleigh, NC 27601 23505 State Road 40 Florida us Delivered Cable Inc. ASTOR, Fl 32102 us

~~Shipment Facts Our records indicate that the following package has been delivered.~~

~~Tracking number: 774285290710~~

~~Status: Delivered: 08/17/2015 1 :46 PM Signed for By: K.VAlDEZ~~

~~Reference: 22120-13877~~

~~Signed for by: K.VAlDEZ~~

~~Delivery location: ASTOR, Fl~~

~~Delivered to: ReceptionisVFront Desk~~

~~Service type: FedEx Priority Overnight 1 ! Packaging type: FedEx Envelope 1 I Number of pieces: ! I Weight: 2.00 lb. I ! Special handling/Services: Deliver Weekday I .I~~

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~~Thank you for your business. Your package has been delivered Tracking # 774285233220~~

Ship date: Delivery date: Fri, 8/14/15 Mon, 8/17/15 1: 46 pm David Kushner Mr. Gary M. English, Brooks Pierce Law Firm ~ President i ~ Florida Cable Inc. I Raleigh, NC 27601 I us ---Delivered 23505 State Road 40 ASTOR, FL 32102 !. us I :

~~Shipment Facts Our records indicate that the following package has been delivered.~~

~~Tracking number: 774285233220~~

~~Status: Delivered: 08/17/20151:46 PM Signed for By: K.VALDEZ~~

~~Reference: 22120-13877~~

~~Signed for by: K.VALDEZ~~

~~Delivery location: ASTOR, FL~~

~~Delivered to: Receptionist/Front Desk~~

~~Service type: FedEx Priority Overnight~~

~~Packaging type: FedEx Envelope~~

~~Number of pieces:~~

~~Weight: 2.00 lb.~~

~~Speci.al handling/Services: Deliver Weekday~~

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~~Thank you for your business. ' ...... ~ .. -·--~-~---,.----- ·.-·· ..~~

~~2. Article Number~~

~~9214 7969 0099 9790 1603 1240 94~~

D. Is dohvcry address different from Item f? 1. Article Addressed to: It YES enter derivery address below: Mr. Gary M. English, President Florida Cable Inc. .· 23505 State Road 40 Astor, FL 32102-2907

~~3. Service Type IXICertif ied 11u 1111 1111111111111 1111111 111111 11111 1111111 9290 9969 0099 9703 1241 OD 4. Restricted Delivery? (Extra Fee) D Yes •• y .. • ":l~~

PS °Form 3811 _ .i- • · . .:·;' ·:'' · .\:'.. , .Qomestic .Retu rn R ~~eipt · . . . : ------.-..- , ~.· --··:~;,·,.:·:~r:·~~:_.;... : ,;:.,?·t ·<·'f·°'i~'.::~,~~·::: ~-~:~~·.-;,... ~ .7... :-~:.::.=-~~;.~

~~2. Article Number ~· :. f 9214 7969 0099 9790 J.603 1227' 17~~

D. ls'delivery adcfreSJ! ditfe~e.n.tJr~/ii ite·m 1? D Yes · ' 1. Article Addressed to: · · ., II YES enter delivery adilcess.below: · 0 No I • • ...... • •• , Mr. David S. ~uarez, CEO & Chairman Florida Cable Inc. 23505 State Road 40 Astor, FL 32102-2907

~~·" 9290 9969 0 099 9703 1227 24~~

~~.~ " ,, .~~

~~.: ~ 2. Article Number~~

~~9214 7969 0099 9790 1603 1228 09~~

D. Is delivery address diflerent from item 1? 1. Article Addressed to: •. • 1~ YES entor ~livery address belo\V: Mr. James Pierce, Vice President Florida <;::able Inc. 23505 State Road 40 Astor, FL 32102-2907

~~3 III llllll llllllllI II Illll ll II I III I III II Ill I Ill i--. serv-ico Ty-pe..___,...· ~- Ce_rti fi_ed - 9290 9969 0 099 9703 1228 16 4. Restricted Delivery? (Extra Fee) D Yes~~

~~PS Form 3811 Domestic: Return R1!ccipt ,. ': ... ;· ·~r •. ·:· '• ) • ~· I .'-:\~ .:...:...... ,.,. : ...... EXHIBITV 8/26/2015 Astor I Pierson I Volusia Channel Lineup I Florida Cable~~

~~Florida Cable Inc.~~

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~~You are here: Programming >> Channel Lineups >> Central Flor~da >>Astor I Volusia I Pierson~~

~~Astor I Volusia I Pierson~~

Basic 2 WESH2NBC 3 WDSC 15 PBS 4 WACX 55 Independent 5 WRBW65UPN 6 WKMG6CBS 7 Local Origination 8 WKCF 18 CW 9 WFTV 9ABC 10 TV Guide 11 WUCF 68PBS 12 WOFL35 Fox 13 The Weather Channel 14.1 WESH 2 NBC HD** 14.2 WESH 2 Me TV HD* * 14.11 WK.MG 6 CBS HD** 14.12 WK.MG 6 Live Well Network HD** 15.1 WFTV 9 ABC HD** 15.2 WFTV 9 MegaTV HD** 15.3 WFTV 9 GritTV HD** 15.11 WOFL 35 Fox HD** 16.1 WUCF 24 PBS HD** 16.2 WUCF 24 Create HD** 16.3 WUCF 24 World HD** 16.4 WUCF 24 V-Me HD** 16.11 WDSC 15 PBS HD** http://floridacable.com/programmlng/lineups/centralflorida/astor.html 1/7 812612015 Astor I Pierson /Volusia Channel Lineup I ~lorlda Cable 16.12 WDSC 15 Florida Channel HD** 16.13 WDSC 15 WV HD** 17 CNN 18 CNBC 19 Fox News 20 ESPN 21 ESPN2 22 Sun Sports 33 Fox Sports 1 34 TBS Superstation 35 American Movie Classics 36 Turner Classic Movies 37 Turner Network Television 38 ABC Family 39 Lifetime 40 USA Network 41 Syfy 42 Discovery Channel 43 The Learning Channel 44 History Channel 45 Arts & Entertainment 46 Home and Garden TV 47 Food Network 48 Spike TV 49 Country Music Television 50 VH-1 51 MTV 52 TV Land 53 Nickelodeon 54 Cartoon Network 55 Galavision 56 Univision 57 UniMas 58 WGN Chicago 59 Travel Channel 60 FX 61 Animal Planet 62 Home Shopping Network 63 WRDQ 27 JP Independent 64 CSPAN 95 CNN Headline News

~~http://lloridacable.com/programming/lineups/centralflorida/astor.html '217 8126/2015 Astor I Pierson I Volusia Channel Lineup 1Florida Cable 98 E! Entertainment~~

Digital Basic 110 A&E Biography 11 1 BBC America 112 Bravo West 11 3 Bravo 114 cloo 120 Game Show Network 121 Teen Nick 122 · Nick Jr. 123 Discovery Kids 124 Nick Toons 130 MTV2 131 MTV Hits 132 VH 1 Classic Rock 133 CMT Pure Country 134 VH 1 Soul 135 Centric 136 Fuse 137 Great American Country 138 MTVU 159 Esquire 160 Destination America 161 G4TV 163 Discovery Fit and Health 164 Oprah Winfrey Network 165 Pivot 166 Trinity Broadcasting Network 167 The Word· 168 SonLife Network 211 Bloomberg TV 250 Science Channel 251 Investigation Discovery 252 American Heroes Channel 253 National Geographic 261 H2 295 EVINE Live 311 FXXEast 312 Golf Channel 313 Outdoor Channel

http://floridacable.com/programming/lineups/centralflorida/astor.html 812612015 Astor I Pierson I Volusia Channel Lineup I Florida Cable 314 ESPN Classics 315 ESPNNews 316 NBC Sports Network 510 Independent Film Channel 511 Women's Entertainment 512 FX Movie Channel 513 Lifetime Movie Network 514 Sundance

Digital Premium Movies 410 HBO 411 HB02 412 HBO Signature 413 HBO Family 414 HBO West 415 HBO Family West 416 HBO Comedy 417 HBO Zone 418 HB02 West 419 HBO Signature West 420 Cinemax 421 More Max 422 Cinemax West 423 More Max West 424' Action Max 425 Thriller Max 430 Showtime 431 Showtime 2 432 Showtime Showcase 433 Showtime Extreme 434 Showtime West 435 Showtime Showcase West 436 Showtime Extreme West 437 Showtime Next 438 Showtime Family 439 Showtime Women 440 The Movie Channel 441 The Movie Channel Xtra 442 The Movie Channel Xtra West 443 The Movie Channel West 444 Showtime 2 West

http://floridacable.com/programmlng/lineups/centralflorida/astor .html 4!7 8126/2015 Astor I Pierson I Volusia Channel Lineup I Florida Cable 445 Flix 450 Starz! 451 Starz! Edge West 452 Starz! In Black 453 Starz! West 454 Starz! Cinema 455 Starz! Kids & Family 456 Starz! Comedy 457 Starz! Edge West 460 Encore 461 Encore Suspense 462 Encore Action 463 Encore Westerns 464 Encore Classic 465 Encore Black 466 Encore West 467 Encore Action West 468 Encore Black West 469 Encore Family 470 Encore Westerns West 471 Enc~ore Classic West 472 Encore Suspense West

HDTV 701 WESH2NBCHD 702 WEST 2 MeTV HD 705 WKMG6CBSHD 706 WKMG 6 Live Well Network HD 711 WFTV9ABCHD 712 WFTV 9 MegaTV HD 713 WFTV 9 GritTV HD 715 WOFL 35 Fox HD 721 WUCF 68 PBS HD 722 WUCF 68 Create HD 723 WUCF 68 World HD 724 WUCF 68 V-Me HD 730 WDSC 15 PBS HD 731 WDSC 15 Florida Network HD 732 WDSC 15 WVHD

~~Pay Per View~~

http://floridacable.com/program mi ng/li neups/centralflorida/astor .htm I 517 812612015 Astor I Pierson /Volusia Channel Lineup I Florida Cable 811 iNDEMAND 1 812 iNDEMAND2 814 iNDEMAND4 815 iNDEMAND5

~~Adult Pay Per View 890 Playboy 891 Fresh! 892 Spice:Xcess 893 Club Jenna 894 Hot Choice~~

http://floridacable.com/programming/lllle4)S /centralflorida/astor.h~ml 617 812612015 Astor I Pierson I Volusia Channel Lineup I Florida Cable 938 Reggae 939 Children's 940 Urban Adult Contemporary 941 Rap 942 Jazz 943 Blues 944 Gospel 945 Subterranean 946 Symphonic

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~~http://floridacable.com/program ml ng/l i neups/centralflorida/astor .himI 7f7 812612015 Oak Forest Channel Lineup I Florida Cable~~

~~Florida Cable Inc.~~

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~~Oak Forest~~

Basic Cable 2 HBO* 3 Cinemax* 4 WMOR 32 ThisTV Tampa 5 WMOR 32 Independent Tampa 6 Disney Channel 7 WOGX 51 Fox Ocala 8 WFLA 8 NBC Tampa 9 WTTA 38 MyTV Tampa 10 WTSP 10 CBS Tampa 11 WFTS 28 ABC Tampa 12 WTOG 44 CW Tampa 13 WTVT 13 Fox Tampa 14 WEDU 3 PBS Tampa 15 WVEA 62 Univision Tampa 16 TBS Superstation 17 USA Network 18 WGN Chicago 19 Animal Planet 20 ABC Family 21 ESPN 22 WCLF 22 CTN 23 CNN Headline News 24 Discovery Channel 25 Arts & Entertainment 26 Syfy 27 Spike TV

http:l/floridacable.com/programming/lineups/centralflorida/oakforest.html 1/2 812612015 Oak Forest Channel Lineup I Florida Cable 28 Country Music Television 29 The Leaming Channel 30 Turner Classic Movies 31 Turner Network Television 32 History Channel 33 Cartoon Network 34 TVLand 35 Nickelodeon 36VH1 37 CSPAN 38 The Weather Channel 39 Home Shopping Network 40 E! Entertainment 41 CNN 42 Home and Garden TV 43 ESPN 2 44 National Geographic 45 Hallmark Channel 46 Local Origination 98 truTV 99 Fox Business News

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~~htlp://floridacable.com/prograrnmlng/lineups/centralftoridaloakforest.html 212 CERTIFICATE OF SERVICE~~

~~The undersigned counsel hereby certifies that the foregoing Enforcement Complaint was served by first-class mail, except where service by email is indicated, on the following:~~

Florida Cable Inc. Travis LeBlanc* Gary M. English, President Chief, Enforcement Bureau 23505 State Road 40 Federal Communications Commission Astor, Florida 32102-2907 445 12th Street, S.W. Washington, D.C. 20554

William T. Lake* Mary Beth Murphy* Chief, Media Bureau Chief, Policy Division, Media Bureau .Federal Communications Commission Federal Communications Commission 445 12th Street, S.W. 445 12th Street, S.W. Washington, D.C. 20554 Washington, D.C. 20554

~~Steven A. Broeckaert* Senior Deputy Chief, Policy Division, Media Bureau Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554~~

*service made by email

~~This the 27th day of August, 2015. 1 r · ' / rt I l '} l,_;\! LU,,ti .'-{, .LCL it 0 c,~}\Le_., rtulia c. Ambrose~~

~~'I, ; "~~