Before the COPYRIGHT ROYALTY JUDGES Washington, D.C.
In the Matter of
Distribution of the Docket No. 14-CRB-0010-CD (2010-13)
2010, 2011, 2012, and 2013 Cable Royalty Funds
WRITTEN DIRECT STATEMENT REGARDING DISTRIBUTION METHODOLOGIES OF MPAA-REPRESENTED PROGRAM SUPPLIERS
VoLUME II oF II PRIOR DESIGNATED TESTIMONY
Gregory O. Olaniran D.C. Bar No. 455784 Lucy Holmes Plovnick D.C. Bar No. 488752 Alesha M. Dominique D.C. Bar No. 990311 Mitchell Silberberg A Knupp LLP 1818 N Street NW, 8th Floor Washington, DC 20036 (202) 355-7917 (Telephone) (202) 355-7887 (Facsimile) goo msk.corn lhpamsk.corn amd msk.corn
Attorneysfor MPAA-Represented Program Suppliers
June 30, 2017 WRITTEN DIRECT STATEMENT REGARDING DISTRIBUTION METHODOLOGIES OF MPAA-RKPRKSKNTKD PROGRAM SUPPLIERS
TABLE OF CONTENTS
DESIGNATED PRIOR TESTIMONY
From Docket Nos. 2008-2 CRB CD 2000-2003 (Phase II) and 2007-3 CRB CD 2004-2005
Tab Marsha E. Kessler, Written Direct Testimony, submitted in Docket No. 2008-2 CRB CD 2000-2003 (Phase II) (filed May 30, 2012) (admitted in that proceeding as MPAA Exhibit 358)
Marsha E. Kessler, Written Rebuttal Testimony, submitted in Docket No. 2008-2 CRB CD 2000-2003 (Phase II) (filed May 15, 2013) (admitted in that proceeding as MPAA Exhibit 359)
Marsha E. Kessler, Oral Testimony, Docket No. 2008-2 CRB CD 2000-2003 (Phase II), Transcript pp. 94-221(June 3, 2013) ......
Paul B. I.indstrom, Written Direct Testimony, submitted in Docket No. 2008-2 CRB CD 2000-2003 (Phase II) (filed May 30, 2012) (admitted in that proceeding as MPAA Exhibit 363)
Paul B. Lindstrom, Oral Testimony, Docket No., 2008-2 CRB CD 2000-2003 (Phase Il), Transcript pp. 280-324 and 368-433 (June 3-4, 2013) ......
Alex Paen, Written Direct Testimony, submitted in Docket No. 2007-3 CRB CD 2004-2005 (filed June 1, 2009) (admitted in that proceeding as PS Exhibit 1) . NIPAA EXHISIT ~
Before the COPYRIGHT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Distribution of the ) Docket No. 2008-2 CRB CD 2000-2003 ) (Phase 11) 2000, 2001, 2002, and 2003 ) Cable Royalty Funds ) )
Direct Testimony of
Marsha K. Kessler
May 30, 2012 DIRECT TESTIMONY OF 1NAlRSIHA, E.l KESSEL,ER 'ASI
E OF. CONTENTS
I. Biographica'1 Informalion
II. Purpose ofTestimony
III. Introduction
IV. MPAA's Claim Verification And.Title Certification Process......
,V. MPAA-Represented Program Suppliers'ielsen Studies In This Proceeding .
A. Selection Of Sample Stations B. Local County Analysis Por Commercial Stations.....
C. Commissioning The 2000-2003 Nielsen Studies .....
Appendices
Declaration DIRECT TESTIMONY OF MARSHA K. KKSSI ER
I. BIOGRAPHICAL INFORMATION
My name is Marsha E. Kessler. Prior to my retirement in August 2010, I served as Uice-President, Retransmission Royalty Distribution, at Motion Picture
Association of America ("MPAA"), a position I held, under various titles, for about 28 years. Prior to working for MPAA, I was a founding member ofthe
Copyright Office's Licensing Division, the division responsible for collecting
cable royalties under Section 111 of the Copyright Act. Section 111, also known as the "statutory" or "compulsory" license, governs cable system royalty fee
obligations for the carriage ofbroadcast signals. At the Licensing Division, I
initially was an "Examiner" of Statements of Account ("SOAs") — the
documents cable operators file to substantiate their royalty payments. Later, I
became a "Lead Examiner." As a Lead Examiner, I advised colleagues as they
encountered difficulties with individual SOAs. I have a baccalaureate degree in
Spanish from Catawba College in Salisbury, North Carolina and a master's degree
in Spanish Language and Literature from the University of Maryland, College
Park, Maryland.
In order to verify the accuracy of a royalty payment, examiners confirmed
that the cable operator had filed the correct SOA form and had supplied all other
required SOA information (e.g., numbers of subscribers served, monthly rates,
stations retransmitted, revenues, activated channels, etc.). In thc case of larger
systems, we confirmed that the royalty payment reflected correct application ofthe Direct Testimony ofMarsha E. Kesslcr Page 2
WV provisions ofthe statutory license in conjunctioxi with tihe forrherlsigtial icarriagie rules of the I"ederal Communications Commission ("I'CC"). If all those conditions were met, the Eiling was accepted.:
If an SOA appeared deficient (for example, if'the system omitted information or miscalculated the royalty), examiners wrote to the system and sought correction of the matter.
I 1eft the Licensing Division in 1982 and began working for MPAA, where:
I oversaw the distribution ofcable and satellite retransmission royalties (undcr Sections 111 and 119 ofthc Copyright Act) unti~l my retirement in 2010.' worked'losely
with information technology contractors and with financial, legal an'd statistical professionals to provide fair and efficient distribution of royalties among our represented claimants. In addition to.overseeing royalty distributions, I. assisted MPAA-represented program owners in the annual filing of their royalty claims with the Copyright Royalty Board ("CRB*'). I also supervised MPAA's statutory license enforcement efforts. This supervision included training, reviewing the work of, and advising staffwho review SOAs for compliance with the statutory license. Moreover, I made recommendatiionsi regardiing potential: areas for enforcement investigation and on other matters that croliiped up during the course of an investigation.
I previously testified before the Copyright Royalty Judges. ("Judges .') izi
Phase I of this proceeding, and a copy of my: written direst testimony in that matter Direct Testimony. of Marsha E. Kessler Page 3
1 is attached to my Phase II testimony here and incorporated as Appendix A. I also provided testimony to the Judges in the recent. 2004-2005 cable Phase I proceeding. In addition to testifying before the Judges, I have testified numerous times before the Copyright Royalty Tribunal, the Copyright Arbitration Royalty
Panel, and the Canadian Copyright Board on xnatters related to statutory license royalties. I have also appeared before the Intellectual Property Subcommittee of the House Judiciary Committee in a matter connected with satellite royalty rates.
II. PURPOSE OF TESTIMONY
First, I will describe the nature and extent ofthe MPAA-represented
Program Suppliers'laim in this proceeding, including the different type's of programs that comprise our claim, Second, I will explain MPAA's process for identifying and certifying ownership of each of the program titles claimed by
MPAA in this proceeding. Finally, I will describe my role in the Nielsen Studies which the MPAA-represented Program Suppliers are presenting as evidence in this proceeding.
'n my 2000-2003 Cable Phase I testimony, 1 explained in detail how Section 111 royalties are collected by the Copyright Office and provided information regarding cable systems'OA filing requirements, including descriptions of key elements of the SOAs, types of cable systems, types of distant signals, and the methodology by which cable operators calculate royalties. See Appendix A. Direct Testimony of Marsha E. Kessler .Page 4
III. INTRODUCTION
Beginning with the first royalty distribution proceeding addressing the
allocation of 1978 cable royalties, MPAA has been the defacto Phase I
representative of all Program Supplier claimants — the owners of nonnetwork
series, movies and specials which air on commercial television broadcast stations '.
retransmitted by cable systems. In Phase II proceedings, MPAA represents::those
program suppliers who have agreed to reprekenilatidn 6y MPAA (i"MPAA- Program Suppliers"). A listing ofMPAA-represe'nted Program 'epresented
Suppliers is set forth in Appendix B.
MPAA-represented Program Suppliers include not only the major U.S.
production studios, but also dozens and dozens of srna)ler producers and
syndicators from both the U.S. and many parts ofthe world — all of whom have
filed claims seeking a share ofthe pool. Por the 2000-2003 royalty years, MPAA
directly represents approximately 100 claimants each yearL Because'many Ofthese
MPAA-represented claimants filed joint claims, have multiple subsidiaries, and include royalty collection agents, MPAA directly atid bandit'ectly represerits as 'he
many as 1,400 claimants per royalty year.
Merely describing our programs as series, rrtovi'es and specials understates
width and breadth ofMPAA-represented Program Suppliers'laim. Our
programs include game shows, sitcoms, news magazines, interview shows, sports', Direct Testimony of Marsha E. Kesslcr Page 5 shows and sporting events, awards shows, health and 6tness shows, and animal shows as well as similar works in Spanish. The following is a brief example:
o I ive-action and/or anitnated series and siteoms, such as: FRIENDS
(Warner Bros. Domestic Television Distribution), 3" ROCK FROM THE
SUN (Carsey-Werner-Mandabach Productions, LLC), and THE SIMPSONS
(Fox Entertainment Group, Inc.).
Movies, such as: AFRICAN QUEEN (Carlton International), A FISH
CALLED WANDA (Metro-Goldwyn Mayer Studios, Inc.), and YOUNG
GUNS II (Morgan Creek International, Inc.).
o Game shows, such as: FAMILY FEUD (FremantleMedia NA) and
JEOPARDY! ( Jeopardy Productions, Inc.).
Sports shows and sports-related programs, such as: BABE
WINKELMAN'S GOOD FISHING (Babe Winkelman Productions, Inc.),
GEORGE MICHAEL SPORTS MACHINE (King World Productions, Inc.),
THIS WEEK IN BASEBALL (Major League Baseball Properties, Inc.).
WOMEN OF WRESTLING (MG/Perin) and SUPER TUESDAY (World
Wrestling Entertainment, Inc.).
o Awards shows and pageants, such as. FIFTH ANNUAL FAMILY
FRIENDLY AWARDS (dick clark productions, inc.), MISS HAWAIIAN
TROPIC INTERNA'IIONAL FINALS (Bennett Productions, Inc.) and
GOLDEN GLOBE AWARDS (dick clark productions, inc.). Direct Testimony of Marsha H. Kessl.er Page 6
X I.
~ News shows, such as: HEADLINE NEWS {'Calble News Network LLP),
MCLAUGHLIN GROUP (Oliver Produc:tions, Inc.) and WAI.L STREET
JOURNAL REPORT (NBC Universal, Inc,).
~ Health and fitness,shows, such as: WAI LANA YOGA {'Zia Film
Distribution LLC), plus an almost unlimited number of infomercials promoting
exercise equipment and diet plans„
Animal shows, such as: WILD ABOUT ANIMALS (Steve Rotfeld
Productions, Inc.), ANIMAL RFSCUE ('~I'elco Productions, Inc.) and PET
KEEPIN(3 WITH MLARC MORRONE (Martha Stewart Living Omnimedia.
Inc.),
Interview and talk shows, such as: OPIbUI WINFRI".Y (King World
Productions, Inc.) and MARTHA STEWART LIVING (Martha Stewart Living
Omimedia, Inc.) „
All of these and many more types of programs fall under tlhe MPAA- represented Program Suppliers'mbrella. Relative to Phase II claims, MPAA-
represented Program Suppliers not only have the largest number ofprograms, they
also have an extremely diverse array of programs. An alphabetical liist I prepared of all of the program titles that MPAA-represented Program Suppliers are claiming in this iprocecding for ca:h royalty year is a{tached to my testimony a'ppendix
C. Taken together, this list. includes approximately 11,600 MPAA- claimed titles for the four-year period. Direct Testimony ofMarsha E. Kessler Page 7
Definitions
Before going on, it might be helpful to provide definitions of some terms commonly used in Section 111 discussions.
TV station: A broadcast facility licensed by the I'CC to air on a specific channel in a certain geographic area. An example of a TV broadcast station is
KMSP, channel 27, licensed to Minneapolis. Although there are exceptions, call signs ofstations located in the western U.S. begin with the letter "K" (e.g., KOMO in Seattle) and call signs of stations located in the eastern U.S. begin with the letter
"W" (e.g., WJLA in Washington, D.C.). TV stations are sometimes referred to as
"over-the-air television stations" or "free TV." Stations are also referred to as
slgilals.
Cable network: A facility which does not broadcast itself, but which provides programming directly to cable systems. Au example of a cable network is TNT. Programming on cable networks is not compensable under Section 111.
Network station, Independent station; Network and Nonnetwork programming: In the context of Section 111, Network TV stations arc those commercial broadcast stations affiliated with the ABC, CBS and/or NBC networks only. All other commercial stations are considered Independent stations.
Nehvork programming refers to programming disseminated by the
ABC/CBS/NBC networks to their affiliated TV stations. ABC/CBS/NBC network programming is not compensable under Section 111. Nonnetwork programming Direct Testimony ofMarsha E. Kessler Page 8
refers to programming on TV stations that thie stations acquire themselves, f.e., not disseminated to them by the ABC, CBS, or NBC networks 'rogramming
Nonnetwork programming is the only type of programming compensable under
Section 111.
Transmission versus retransmission: TV stations broadcast'(i.e., transmit) works over the air to the public which receives the programming for. free. Section 111 refers to this as the primary transmission. Cable systems . .'he simultaneously re-transmit stations'ignals to their subscribers, who pay fees for service. Section 1 l l refers to this as the secondary~transmission. 'ocal
Market (or Local Service Area): THe geog''aphic ared withirI
which a TV station is entitled to insist that its signal be retransmitted by a cable system in accordance with the FCC "must. carry" rules.''cable system located,
within a particular television market must carry 'all stations that are lidensed'(i.e., local) to the market Distant Station (Signal): When a cableisystent retransmits a 'broadcast 'tation
outside of the station's local market, the station:is referred: to as a: distant station or signal. For example, when Verizon retransmits WGN-Chicago to, the
District of Columbia TV market, WGN is deemed k diktanlt sisal in the'District of
Columbia.
Local Station (Signal): When a cable sgstdm r'etrdnsrhits'a statidn to subscribers located within that station's market, the station is called a "local" Direct Testimony of Marsha E. Kessler Page 9 signal. For example, WDCA, channel 20, licensed to the District of Columbia, is considered a local signal in Washington, D.C.
Retransmission royalties: Section 111 royalties cable operators pay in order to retransmit TV station programming to subscribers.
IV. MPAA'S CLAIM VERIFICATION AND TITLE CERTIFICATION PROCESS
In the years that I worked at MPAA. we developed and maintained internal standards to ensure that only those individuals or entities who were truly entitled to claim retransmission royalties would be able to assert a claim for those royalties through MPAA, To be a MPAA-represented claimant. a rights-holder must satisfy the following requirements: {1) file a timely claim for rctransmission royalties each year with the Copyright Office; (2) provide MPAA with an "as-filed" copy of that claim, demonstrating that it was submitted to the Office in a timely manner; and (3) have a valid representation agreement with MPAA. All of the MPAA- represented claimants listed on Appendix 8 to my testimony satisfied these requirements.
Relative to 2000-2003 for those parties who satisfied the requirements,
MPAA proceeded to identify the program titles for which those entities were entitled to claim Section 111 royalties. This process included analyzing the program title information submitted by MPAA-rcprescntcd claimants and performing independent research to identify additional program titles potentially owned by our represented claimants. Direct festimony of Marsha E. Kessler Page 10
Once MPAA identified the program titles we believed were attributable to a
l particular clairnetnt, we prepared a certification report listing those titles and sent it to the claimant, along with a certification form for the claimant to sign verifying that party's right to claim the works listed on the certification report,.
Additionally,, each c:lairnant was requirecl to strike through any titles for which it was not authorized to claim retransmission royalties and to then certify its ownership of the remaining titles. After reviewl, MPAlA's represented claimants returned their executed certifications to my attention at MPH%. I re viewed the executed cert,ifications and ensured that any corrections made to tLhe report were accurately adjusted by MPAA. I performed the'tasks j'ust 'des'cribed 'on a royalty year-by-royalty year basis. fhe list ofMPAA-represented claimants'itles in
Appendix C of my testimony vvere al:l subject to this certification process.
V. MPAA-REPRESENTED PROGRAM SUPPLIERS'IELSEN STUDIES IN THIS PRO CKKDING
In this proceeding, IvtPAA-represented Program Suppl~iers~ will be presenting studies of viewing to distantly retransmitted, nonnetwork programs undertaken by Nielsen. In this part ofmy testimony, I will explain my ro]e in the development of these studies.
Viewing, as measured by Nielsen,, is the predominant standard by which all television programming is commercially evaluated., It is to Nielsen, therefore, that
MPAA turns for assistance in quantifying thc c&)ns&imI&tion of distant signal programming. Direct Testimony of Marsha E. Kessler Page l 1
To begin the process, I (I) selected a sample ofstations retransmitted by cable systems, (2) performed an analysis to determine the local market (county) for each station in the sample, and (3) sent both the sample stations and the related local county analysis to Nielsen for Nielsen to extract related viewing by distant subscribers. Below, I describe the first two steps in the process. Nielsen's Paul
Lindstrom will describe the methodology employed by Nielsen to obtain the distant viewing information for 2000-2003 ("Nielsen Studies").
A. Selection Of Sample Stations
Prior to commissioning each ofthe Nielsen Studies I requested a report from Cable Data Corporation ("CDC") showing all stations distantly retransmitted by cable systems for each ofthe years in question. The reports provided detailed information on each station, including number of distant subscribers, estimated royalties attributed to the station, station type, and whether the data were attributable to Form 1-2 systems (the so-called smaller systems whose revenues fall below a certain threshold) or to Form 3 systems (the so-called large systems whose revenues are above the threshold). Using the CDC Form 3
SOA data, I identified and prepared a list of sample stations for each year. We
relied on Form 3 data related to commercial stations to select the samples because
Form 3 royalties and subscribers account for the lion's share of all cable royalties
'DC is a Mount Airy, Maryland company who specializes in collecting data reported by cable systems on their SOAs and producing regular and customized data reports utilizing SOA data. Direct Testimony of Marsha E. Kessler Page 12 and distant subscribers — roughly 91% - 93% (subscribers) arid 96%: - 97%
(royalties) for each year.
The chart below provides data related: to the percentage of:distant subscribers and share of royalties represented by each year's sample. The data
reflect the retransmission of commercial stations only, as the allocation of fiends for works on Canadian, Mexican and public television stations is not at issue in this proceeding.
Percentage of Total Distant Percentage of Subscribers Total Royalties '.
Number of Covered by Generated By Royalty Year Stations Sample Stations Sample Stations 2000 81 75% 84% 2001 97 85% 90% 2002 122 85% 90% 2003 125 86% 86%
The lists in Appendix D are the stations in my 2000-2003 samples. B. Local County Analysis Fair Comlmelrcikl Stations 'as
Standard Nielsen stings — which are measured on a county-by-county basis
— do not differentiate between distant and local viewing. The 'nest step, therefore,
MPAA's identification for Nielsen of the counties in which cable household
("CHH") viewing to each sample station would be considered local. Thus, when performing its estimates, Nielsen could ignore data from local counties and focus its measurements on viewing from distant counties only. ' Direct Testimony of Marsha E. Kessler Page 13
MPAA based identification of the counties local to each 2000-2003 sample station on the FCC signal carriage rules, and we refer to this task as "county analysis." We employed the following general steps; first, we identified thc counties that constituted each station's Designated Market Area {"DMA"). All such counties are considered local for that station. Second, we identified the counties in which each station was deemed "significantly viewed" ("SV") per the
FCC. All such counties are considered local for that station pursuant to the FCC's signal carriage rules Lastly, we looked at other factors that would qualify a county as local to the station in question. Appendix F to my testimony provides an illustration ofhow the local county analysis was performed for 2000-2003.
After completing the local county analysis, we then provided Nielsen with a listing ofthose counties that we identified as local for each sample station. As Mr.
Lindstrom's testimony should confirm, Nielsen excluded viewing from cable households located in each station's local counties with the result that only distant cable viewing is shown in the studies.
C. Commissioning The 2000-2003 Nielsen Studies
After 1 selected the sample stations and worked with my staff at MPAA to complete the local county analysis for each year, I delivered these items to
Nielsen and requested special studies for each ofthe 2000-2003 years estimating
'1'he signal carriage rules, now rescinded, were found at Sections 76.57 through 76.63 of the regulations of the FCC. 47 C.F.R. g$ 76.57-76.63 (1976), attached as Appendix E. DECLARATION OF MARSHA E KESSLER
I declare under penalty of perjury that the foregoing testimony is true and correct, and of my personal knowledge.
Executed on May 2'f 2012 I/Nore~ 8. 1&ssk~ Marsha E. Kess]er
Before the COPYRIGHT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Distribution of the ) Docket No. 2008-2 CRB CD 2000-2003 ) 2000, 2001, 2002, and 2003 ) Cable Royalty Funds ) )
Direct Testimony of
Marsha E. Kessler
February 2, 2009 I)IHECT TESTINIOXY OF MARSHA. K. KKSSLRR
TABLE OF CONTENTS
I. Biographical Information .
II. Purpose of Testimony.
III. Introduction .
IU. Operati.on of the Section 111 Statutory License. V. The Statement ofAccount
A. Contents of the Statement of Account Gross Receipts.
VI. The 2000, 2001, 200:?. a:nd 2003 Cable Pu'nds'nd Subscribers ..
VII. Form 3 Royalties
A. Distant S:ignals.
B. Royalty Pee Calculation for Form 3 Systems
C. The 3.75',% Pee and the Syndicated Exclusivity Surcharge ... VIII. The Concept of "Fees G&enerated".
Appendices
Declaration DIRECT TESTIMONY OF MARSHA E. KESSLER
BIOGRAPHICAL INFORMATION
My name is Marsha B. Kessler. I am appearing as a witness in this proceedirtg on behalf ofthe Program Supphers. I am Vice-President,
Retransmission Royalty Distribution, at Motion Picture Association of America
('"MPAA"). I have held this position, under various titles, for about 27 years.
Prior to that, I was a founding member ofthe Copyright Office's Licensing
Division, the division responsible for collecting cable royalties under Section 1 1 1 of the Copyright Act. Section ill, also known as the "statutory" or "compulsory" license, governs cable system royalty fee liability for the carriage ofbroadcast signals. At the Licensing Division, I initially was an "Examiner" of Statements
of Account ("SOAs") — the documents cable operators file to substantiate their
royalty payments. Later, I became a "Lead Examiner." As a Lead Examiner, I
advised colleagues as they encountered difficulties with individual SOAs.
1'n order to verify the accuracy ofa royalty payment, examiners confirmed
that the operator had filed the correct SOA form applicable to the amount of gross
receipts reported (more about which I will say later) and that the operator had
supplied all other information required in the statement (e.g., numbers of
subscribers served, stations carried, revenues, etc,). In the case of larger (or so-
called "Form 3") systems, we confirmed that the royalty payment reflected correct
application of the provisions of the statutory license in conjunction with the former
Direct Testimony o t Marsha E. Kessler Page 2 signal carriage rules of the Federal Commttnications Commission ('FCC").'he
FCC's signal can iage rules are used to identify distant stations carried by Form 3 systems. I will say more about distant station".. later, but for the time being, note that different types of distant stations are assigned dIifferent weights and those weights are: reflected in the formula for calculating each c;able system's royalty obligation. Examiners at the Li.censing DivisIion made sure each reporting cable system used. the correct SOA form, accurately identified its distant stations, and calculated the, royalty as required by statute. If all those conditions were met, the filing was deemed accepted
If a SOA appears deficient (for example, if the system omitted or misreported information), examiners wrote to the system and sought correction of the matter.
Since leaving the Licensing Division in 1982, I have worked for MPA.A,
where I oversee the distribution of cable and satellite retransmission royalties
(under Sections 1 I 1 and 115~ of the Copyright Act, respectively). I work closely
with informatIion technology contractors and with financial, legal and statistical
professionals to provide fair ancl efficient clistribution ofroyalties among our
represented claintants. In addition to overseeing royalty distribution, I assist
1 The signal ca!mage rules, now rescinded., were found at Section.'6.57 through 76.63 of the regulations of the FCC. 47 C.F.R. II) 76.57-76.63 (1976),. PS Exhibit (MEK-1). Direct Testimony ofMarsha E. Kessler Page 3 program owners in the annual filing of their royalty claims with the Copyright
Royalty Board {"CRB").
Finally, I supervise MPAA's compulsory license enforcement efforts.
My responsibilities in that regard include training, reviewing the work of, and supervising the staff who review cable system SOAs for compliance with the statutory license. I also make recommendations regarding potential areas of concern for investigation and on other matters that crop up during the course of an investigation.
I have testified numerous times before the Copyright Royalty Tribunal, the
Copyright Arbitration Royalty Panel, and the Canadian Copyright Board on matters related to statutory license royalties. I have also appeared before the
Intellectual Property Subcommittee of the House Judiciary Committee in a matter connected with satellite royalty rates.
II. PURPOSE OF TESTIMONY
I will provide information regarding cable systems'OA filing
requirements, including descriptions of key elements of the SOAs, types ofcable
systems, types of distant signals, and the methodology by which cable operators
Although the Copyright Office takes action to get licensees to correct errors on SOAs, it has no authority to pursue actions in the courts if the licensees do not fix the errors. That role falls to copyright owners, who must file infringement actions against systems that fail to satisfy their statutory filing obligations. MPAA's enforcement program monitors cable systems'ilings and seeks to bring cable systems and satellite carriers into compliance when it believes their reporting or payments conflict with the requirements of the statutory licenses. Direct Testimony ofMarsha H. Kessler Page 4 calcu'late royalties. I mill also illustrate how royalties. were actually'reported on the SOAs filed by a specific cable system that camed'anadian!distant'siN'tais.
Finally, using specific examples, I wiH illustrate liow,a cable system's royalty, payment may fluctuate due to a variety of factors.
III. INTRODUCTION
To be considered compensable under Section 111, programming must meet three qualifiers:
1. The programming must be initially transmitted by' broadcast television
station that either the PCC or the Canadian or Mexican governments have
licensed to a particular community on a specific channel. An example of a
broadcast television station here in Washin'gton, D.C.'is %JL'A, 'channel 7
2. A cable system must simultaneously retransmit the broadcast station's
progranuning outside the station's local market (a station transmits and the
cable system retransmits).
3. The programming cannot be part of progranuning transmitted by the ABC,
CBS or NBC networks via their affiliated stations'("network
programming").
The compensable programming represented by the Settling Parties in this
proceeding iiicludes series and movies, professional and collegiate sporting
Programming on cable networks, e.g., HBO,.ESPN,:USA, etc. does not fall within the . terms of Section 111 because program owners license programining directly to cable networks through private negotiations. Direct Testimony ofMarsha E. Kessler Page 5 programming, station-produced news and other programming, religious programming, non-commercial programming, and music used during these programs.
Now, a little more detail: As I indicated above, a broadcast station is a facility licensed by the FCC (or the Canadian or Mexican governments) to a particular community on a specific channel. Bach station is identified by a call sign and channel along with its city of hcense, for example, WJLA, channel 7, in
Washington, D.C. or KOMO, channel 4, in Seattle. With minor exceptions, call
signs of stations located in the western part of the U.S. begin with the letter "K"
(e.g., KOMO in Seattle) and call signs of stations located in the eastern part ofthe
U.S. begin with the letter "%" (e.g., WJLA in Washington, D.C.). Broadcast
stations are sometimes referred to as "free, over-the-air television stations" or
"free TV" or "TV stations." Stations are also referred to as "signals."
Program owners can license their shows to television stations for broadcast
within a television market (usually defined by geographic areas). Program owners
receive compensation for such a license. For example, a program owner could
license a program to Washington, D.C. station WJLA, channel 7 only for
broadcast in the Washington, D.C. market. WJLA transmits (i.e., broadcasts) its
programmiug free of charge to the public, and anyone in the D.C. metro area who
The Settling Parties arc comprised ofProgram Suppliers, Joint Sports Claimants, Commercial Television Claimants, Public Television Claimants, Music Claimants and Devotional Claimants. Direct Testimony ofMarsha E. Kessler 'n Page 6 has a television set capable of receiving the WJLA signal: can watch the programs
WJLA free of charge.
As long as a cable operator complies wrath Section 1H, it may retransmit
WJLA to subscribers located outside of the Washington, D.C. local market. This
means the programs on WJLA would be available to a new audience for which the
program owner has not been compensated. It is the purpose of Section 111 to
compensate program owners for this increased exposure oftheir works outside
(i.e., distant to) the area to which the program was originally licensed.
When a cable system located in Washington, D.C. rettansmits WJLA to
subscribers located within the Washington, D.C. market, ~WJLA is called a "local"
signal. When a cable system located outside ofthe Washington, D.C. market
retransmits WJLA and delivers its signal to subsciibers outside theWashingtoii,
D.C. market, WJLA becomes, for that cable system, a "d'ista'nt" station for
Section 111 purposes. I wiH say more about distant stations, or distant signals,
later
OPERATION OF THK SECTION 111 STATUTORY LICENSE
In order to retransmit broadcast station signals without infringing program
owners'opyright in individual works, the cable operator must comply; with the
requirements of the statutory license. Compliant cdnsi0ts df, among dther ttungs,
the operator filing a SOA and paying a royalty, thee calculatien afwhich is
determined by Section 111. Cable operators make r6yalty payments and file the Direct Testimony ofMarsha E. Kessler Page 7 accompanying SOAs twice a year with the Licensing Division ofthe Copyright
Office. Royalties and SOAs for January 1 through June 30 are due by August 29; for August 1 through December 31, they are due by March 1 of the following year.
We refer to these time frames as accounting periods "1" and "2," respectively, for
example "2000-1" (for the first accounting period in 2000) and "2001-2" (for the
second accounting period in 2001).
V. THE STATEMENT OF ACCOUNT A. Contents of the Statement ofAccount
Section 111 requires that cable operators accompany each royalty payment
with a SOA. In the SOA, the operator must provide information about the
system's operations during the accounting period. Different-sized systems file
different SOA forms. Copies ofthe two types of Statement of Account forms are
attached to my testimony. PS Exhibit (MEK-2) is the form for smaller
systems called "Form 1-2" and PS Exhibit (MEK-3) is the form for larger
systems called "Form 3."
Information found on both SOAs includes:
o Owner ofthe system
o Communities served by the system
e The categories ofservice offered by the system (e.g., basic,
expanded basic and pay cable, more about which I will say later)
o The number of subscribers to those services
Direct Testimony ofMarsha E. Kessler Page 8
The rates charged the subscribers
~ Television broadcast stations retransmitted to.the. system's
subscribers (by call sign, local channel, city of license, etc.)
~ Gross receipts for any and all packages or.tiers of seivice that
contain broadcast signals
~ The royalty fee calculation plus a slectilon %are ihteiest,'can if the system files late be;'alculated
~ The number of channels on which the system retransmitted
broadcast stations and the total number of.activated channels offered
by the system
~ Various schedules providing the basis for 'caligula'ting cettaiti royalties '.
~ A certification of the information in the SOA
~ An individual at the system to whom inquires can be made if further
information is required
Next, I will describe the key reported items found iii an'SOA.
Gross Receipts
Gross receipts are the fees collected by cable operatorS from subs'cribcrs
who receive the categories of service containing broadcast stations. Cable
operators offer various packages, or tiers, ofprogramming. Typically, there is a
"basic service tier" (or "basic tier'"), which nest include local broadcast stations Direct Testimony ofMarsha E. Kessler Page 9
and may also include distant broadcast stations and access channels for local city
and county governments and educational institutions as well as cable networks. In
a hypothetical situation, a cable system might charge a monthly rate of $14 for the
basic tier.
Qiie notch up from basic is what the cable system typically refers to as the
"expanded basic" tier, which may include such things as distant signals and digital
broadcast stations plus basic cable networks. In the hypothetical situation
envisioned in the preceding paragraph, the same cable system might charge an
expanded basic tier monthly fee of $25. Of course, a cable customer must first
subscribe to the basic tier (for $14) before she can receive the expanded basic tier,
so the subscriber's total cost would be $39 for both tiers.
Cable operators also offer premium cable networks ("pay cable") such as
HBO or Showtime. Cable systems market these premium channels either alone or
in packages ofmultiple channels for an additional monthly fee, say $20. The
cable customer must first subscribe to the basic tier before electing additional
premium channels. In the hypothetical posed above, if the customer subscribes to
basic (for $ 14), expanded basic (for $25) and HBO/Showtime for ($20), the
customer's bill would be $59 per month.
For purposes ofcalculating its Section 111 royalties, the cable operator
must report as Gross Receipts the full amounts received 5om all tiers of service
that contain broadcast stations. In the hypothetical given above, if the cable Direct Testimony ofMarsha E. Kesslcr Page 10
operator offered its local broadcast and distant broadcast stations in the basic ($14)
tier and a distant station in the expanded basic ($25) tierI, the operator must
calculate its gross receipts based ori the $39 ($ 14 ~pius $25) paid by all subscribers
who received the basic aind expanded basic tiers. Operators are not allowed to
prorate fees for tiers of service that contain both broadcast and Inon-broadcast
offerings when reporting their gross receipts,
Section. 111 differentiates cable systems based on the amount oftheir emi-
annual gross receipts. As stated, smaller systems file M)As known as "Form 1-2."
Larger systems use the SOA known as "Form 3."
Different-sized systems pay different statutory fees based on their Gross
Receipts. In the first accounting period of 2000 {i e., 2000-1), the Gross Receipts
thresholds for the three forms were;
Form 1: $75,800 or less
Form 2: More than $75,800 and less than $292,000
Form,3: $292,000 and more
For 2000-1, the royalty payments were as follow;:
~ Form 1 operators paid a~ flatfee of $28 every 6 months.
~ Form 2 operators paid flat pe~ centres of their Gross Rece:ipts (0,5%
up to $ 146 000 and 1.0% of their Gloss Receipts ill excess of $ 146 000
but less than $292,000). Direct Testimony ofMarsha E. Kessler Page 11
Form 3 operators paid a royalty based on a calculation whose
components are the system's Gross Receipts and the number and type
ofdistant stations they carried.
Commencing July 1, 2000, the rate increased. Thereafter, the Gross
Receipts thresholds for the three forms increased:
Form 1: $98,600 or less
Form 2: More than $98,600 and less than $379,600
Form 3: $379,600 and more
Commencing with the 2000-2 accounting period, Form 1 operators paid a
flatfee of $37 every 6 months. The methodology for calculating Form 2 and Form
3 operators'oyalties did not change.
VL THE 2000, 2001, 2002, AND 2003 CABLE FVNDS AND SVBSCRIBERS
For the years, 2000, 2001, 2002, and. 2003, the approximate total royalties
paid by cable operators each year were as follows:
2000 $ 120.4 million
2001 $ 122.9 million
.2002 $ 130.9 million
2003 $ 132.1 million
Appendix A is a copy of the Licensing Division's Report of Receipts dated
January 23, 2009, showing cable royalty deposits from inception to date.
Appendix B breaks out the average number of systems, subscribers and total Direct Testimony ofMarsha E. Kessler Page 12 royalties reported by cable operators in the SOA filings for 2000-2003. The data
for Appendix 3 were provided by Cable Data Corporation ("C9C"), a .
Rockville, Maryland company., whose, representative I understand will testify in this proceeding, CDC compiles SOA information, as reported on paper forms at the Copyright Office, md reproduces the data in electronic format. CDC is the only company that does, this work and all parties in this proceeding rely on CDC for SOA data.
You will note small differences between Appendix A (t'e Licensing
Division's deposits) and th: royalty amounts as recorded by CDC and reported in
Appendix B. While, the Division's document reports the deposits related to unexamined SOAs, CDC's data are compiled after SOAs have been examined and may include adjustments for interest, additional payments, refunds, etc.
Regardless of the differences in the absolute amounts between the two sources,
they both show that the royalties paid for the years at issue in this proceeding total $500 milhon, and that the bulk of the subscribers (about 92%) and 'pproximately
of the royalties {about 96%) are attributable to Form 3 cabl'e systems.
VH. FORM 3 ROYALTIES
A. Diistant Sign als
The Form 3 royalty calculation in volves the number and type of distant
stations carried by the system. Remember, "distant" means a cable system carries
the station outside the station',s local market, which uncler Section 11] (f) is Direct Testimony ofMarsha H. Kessler Page 13 referred to as the station's "local service area." Form 3 cable operators are required to account for all distant signals when..calculating the royalty obhgation
In 2000, 2001, 2002, and 2003, the process for identifying a system's distant stations was based on an ajnaigam of current and former FCC cable system signal carriage rules. These rules define which stations a cable system "must" carry (meaning the local stations) and which stations a cab'le system "may" carry
(i.e., distant stations). The PCC's former signal carriage rules applied different standards depending on size of the market in which the cable system was located
But the primary determinant, which comes from the current rules, is whether the station is being transmitted within its owlet Nielsen Designated Market Area
("DMA"). DMAs arc non-overlapping geographic markets consisting of counties in which one market's stations are viewed predominately
Under Section 111(c)(4), cable systems arc allowed to retransmit Canadian
broadcast stations as long as the cable system is located north of the forty-second
parallel of latitude and within 150 miles ofthe U.S.-Canadian border. The rules
for determining which Canadian stations are distant and which arc local are the
same as for U.S. broadcast stations.
Form I and Foim 2 systems pay either the flat fee (Form I) or specific
percentages of Gross Receipts (Form 2) regardless of how many distant broadcast
stations they retransmit. For Form 3 operators; if a station is local, the operator Direct Testimony ofMarsha K Kessler Page 14
does not have to account for the station in'the calculation. If the station is distant,
the opeiator must account for the station in the royalty calculation.
8. Royalty Fee Calculation for 5'.orm 3 Systems
A Form 3 operator pays a royalty based on the system's Gross Receipts and
the number and type.of distant stations carried. If you return to PS (MEK-3)
you will see Space E of a Form 3 SOA, which is the where the operator reports the
types. of services or tiers of services related to carriage of broadcast stations. The
subscriber fees collected from all those services must be included in the system's
Gross Receipts. For this purpose, those fees include not only fees from residential
customers, but also fees from commercial users, as well as payment's made for
related services (for example, for additional sets or for converter boxes)
lf you look at Space G, you will see the section where the operator
identifies all stations.carried during the accounting period plus an ideuti6cation of
those stations which were distant. Again, the determination ofwhbther a 'stahon is
distant or local to the system is determined by analyses associa'ted 'with the si'gna'l
carriage rules.
After identifying the distant signals rehansmitted by the system, the cable
operator assigns a weight to each one. The weight iN called~ a Bistant Signal
Equivalent ("DSK"). DSE values arc a statutorily-prescribed system ofvalues, .
assigned by Section-I I 1 as follows: Direct'Testimony ofMarsha B. Kessler Page 15
Independent stations, which include Fox, UPN, WB, PAX and Canadian
signals, are set at 1.00 DSE.
Stations af61iated with the ABC, CBS and/or NBC networks are set at 0.25
DSE.
Pubhc television stations are set at 0.25 DSE.
Congress assigned the different DSE values based in part on assumptions
" about the amount of nonnetwork {i.e., compensable) programming carried'by each
type of station.
The next step is for the cable operator to total. the DSE values. Assume, for
example, that a system carried a total of 6 distant stations — 2 independent
stations, 3 network stations and 1 PBS station. Those 6 distant stations translate to
a total DSE value of 3.0, calculated as follows:
2.00 (2 distant independents at 1.00 DSE each)
0.75 (3 distant networks at 0.25 DSE each)
0.25 1 distant PBS station at 0.25 DSE each
3.00 Total DSEs
After determining Gross Receipts and DSE values, the cable operator
calculates the first of three potential royalty payments, the Base Rate Fee. The
Base Rate Fee is the primary or first royalty that all Form 3 cable operators must
pay. The Base Rate Fee must be paid regardless of whether or how many distant Direct Testimony of Marsha E. Kessler Page 16 signals are carried. Page 16 of PS Exhibit (MEK-3) shows the place on the
SOA where cable operators tabulate their Hase Rate Fee.i
If the system retransmits more than one distant signal, the Base Rate Fee is calculated according to a sliding scale of percentages based on the number of
DSEs. Starting in 2000-2, those, percentages for the period covered by this'ase were:
Rough~Rates — Base Rate Fee
Percentage of Gross DSEs Recei ts 1" DSE 0.956% )nd 3rd g 46 DSEH, each 0.630% All DSEs over 4 0 296%
The cable operator calcu'lates the royalty bury mdltiplyilng the System"s Gross
Receipts by the DSE percentage;s.
Exa~mile of Base Rate Fee Calculation
If we assume that the cable system had Gross Receipts of $1,300,000 and
3.0 DSEs (based on the carriage of the 6 distant stations in the example: above}, i here is how the Form 3 Hase Rate Fee is calculated:
Gross Receipts $ 1 300 000 Total number DSEs 3.0
1'DSE at 0.956% ($ 1,300,000 x 0 956% x I) $ 12,428 2" and 3'SEs at 0.630% ($ 1..„300,QQQ x Q.63Q% x 2) $ 16,380 5'" DSE at 0.296% ($ 1,300,000 x 0,.296% x 0) $0 Total Royalty, Base Rate Fee $28,lL08 Direct Testimony ofMarsha E. Kessler Page 17
Explanation: Royalties for the 1" DSE are calculated by multiplying Gross
Receipts of $ 1,300,000 by 0.956% (the rate for the 1" DSE), which equals
$ 12,428, The second and third DSEs are paid for at the same rate of 0.630%, so the royalty payment for those remaimng 2 DSEs in the hypothetical is calculated by multiplying Gross Receipts of$1,300,000 times the rate (0.630%) times 2, for a royalty of $ 16,380. Had there been more than 4 DSEs, the royalty would have been calculated by multiplying Gross Receipts of $1,300,000 times 0,296% times
'he number of DSEs over 4. Added together, the Base Rate Fee for this hypothetical Form 3 system is $28,808.
If a cable system carries no distant stations, or if the number of distant
stations it carries totals less than 1.0 DSE, the system pays a minimum fee. The
minimum fee is the equivalent of 1,0 DSE and is paid at the rate of the 1" DSE,
i.e,, 0.956% of Gross Receipts. The Base Rate Fee paid by each cable operator
makes up the Basic Fund.
C. The 3.75 "lo Fec and the Syndicated Exclusivity Surcharge In addition to the Base Rate Fee, there are two additional categories of
royalties for which an operator may be obligated to pay in certain circumstances:
the "3.75% Fee" and the "Syndicated Exclusivity Surcharge" (also called
"Syndex Surcharge"). These fees resulted from changes in the FCC rules and
regulations that affected carriage of distant signals.
Direct Testimony ofMarsha E Kessler Page 18
Prior to June 24, 1981, cable systems were limited as, to the number and type of distant stations they were permitted to retransmit. Appendix C,is a chart 'howing
those limits.
The term "3.75% Fee" refers to the royalty obligation foi the carria'ge of 'tations
a cable system could not have carried prior to June 24, 'l 98'1, the date on which the FCC eliminated its rules restricting: the number of distant signal's cable'ystems were permitted to retransmit. The fee for qualifying stations is 3.75% of.'age
Gross Receipts per station in lieu of the Base Rate Fee or the Syndax Suroharge.
13 of PS Exhibit (MEK-3) shows the page where the cable system
calculates the 3.75% Pee royalty.
The calculation of 3.7S% Fee liability is similar to that of the Base Rate
Fee. The first step is identifying all stations for which there is 3.75% Fee liability
Next, the DSEs for those stations are totaled.. Then Gross Receipts are multiplied
by 3.75% and that result is multiplied by the total DSEs 'for 3.7S% Fee stations.
The result is the 3.75% Pee royalty obligation.
Here is an example of the 3.75% Fee calculation in a hypothetical situation
where a system with Gross Receipts of $700,000'ust pay 3.75% for one 'SEs. (1.00) DSE plus one network affiliate (8.29 DSE) for a total 6f'ndependent 1'.25
$700,000 times 3.75% times 1.25 = $32,813 Direct Testimony ofMarsha F.. Kessler . Page 19
Note three observations regarding the 3.75% Fee:
e If the cable operator pays the 3.75% Fee for a particular distant
station, there is no other royalty due for that station.
o If an operator is carrying two independent stations (say a U.S.
independent plus a Canadian station) and is required to pay 3.75%
Fee liability for one independent station, the option as to which
station is paid at the Base Rate versus which is paid at the 3.75% rate
is an arbitrary choice by the cable system.
o In situations where the cable system serves communities where the
application of the 3,75/o Fee rules differs (for example„ if the system
serves communities in the Top 50 markets and also serves
communities outside all television markets), the operator is
permitted to prorate the 3.75% Fee.
The 3.75% Fee royalties are paid into the 3.75% Fee Fund.
"Syndicated Exclusivity Surcharge" or "Syndex Surcharge" refers to the
protection FCC rules formerly provided to television stations in the top 100
markets, At one time, the FCC required cable systems, if requested by the local
station, to black out syndicated programs on distant stations if the same programs
were available on a local TV station. The purpose was to protect the local
station's right to provide an exclusive audience to the businesses to whom the
station had sold commercial time. Those rules have gone through several Direct Testimony ofMarsha E. Kessler Page 20
evolutions, one of the efI'ects of which was the imposition of the Syndex
Surcharge for Foison 3 systems located in the top 100 markets. A cable operator
becomes liable for the Syndex Surcharge when the operator.
1. serves subscribers located in one of the top 100 markets as defined
by the FCC (Section 76.51)
2. carries a very high frequenc:y ("VHF") station
3. serves subscribers located within t'e station's Grade 8 contour
4. whose, syndicated programs the", op'erators'nce were required to
black out pursuant to FCC i~let in efkct bn lunch 24, 1981, but
wltich the operators are no longer ~required to black out because the
FCC rule changed,
Fortunately, the c:ircumstances that trigger this type of payment occur rather
infrequently and result in a very small amount of royalties generated—
approximately $272„000 for 2000, 2001, 2002 and 2003 conibined. Page 15 of PS
Exhibit (ME%-3) shows thc schedule by which the cable operator calculates
any applicable Syndex Surcharge royalty„and Appendix D is a listing of the
FCC*s top 100 markets. The Syndex Surcharge fee.'re paid into the Syrtdex
Surcharge Fund.
A Grade 8 contour is a prediction of the station's signal strength. The contour generally resembles a circle around the station's transmitter. Direct Testimony of Marsha E. Kessler Page 21
Jn the cases of all three fee schedules, the Base Rate Fee, 3.75% Fee and
Syndex Surcharge, cable operators are permitted to prorate their payments in one limited circumstance, to wit, ifthey retransmit stations that are distant to some communities in the cable system, but local to other communities served by the system. Such stations are called "partia)ly-distant" stations, or "P-D" and the operator pays royalties only on the Gross Receipts attributable to the so-called distant subscribers.
Appendix E reports the breakdown of Form 3 payments for 2000„2001,
2002, and 2003 by royalty type.
VH. THE CONCEPT OF "FEES GENERATED"
The term "fees gen'." is an abbreviation of the term "fees generated" and it refers to the attempt to assign a proportionate share of the total royalties paid by
all systems to each individual broadcast station that is retransmitted as a distant
signal. However, it is actually not possible to quantify the precise amount oftota'1
royalties that can be directly attributable to any individual station.
Recall the example I gave earlier wherein the system with $ 1,300,000 in
gross receipts carried 6 distant stations for a total of 3 DSEs
2.00 (2 distant independents at 1.00 DSE each)
0.75 (3 distant networks at 0.25 DSE each}
0.25 1 distant PBS station at 0.25 DSE each
3.00 Total DSEs Direct Testimony ofMarsha E. Kessler Page 22
Recati also that the DSE percentages are on a sliding scale that has ~low'er rates as
more distant signals are camed,. Cable operators,are not required to match DSEs
to specific stations„so for the following illustration, let us assume that at least one
of the distant independents in my example is a Canadian station.
The hypothetical system paid a royalty'f $ 12',428 for th'e first 1.0 DSH.
But the calculation of that amount was related to the.DSZ va1ne aHocated to
individual stations, not to a specific station. There are several possible ways to
reach $ 12,428. It could be a payment:for a Canadian. statiori (i.e., for 1.0 DSE); it
could be the payment for three network affiliates plus one public televi.sion station .
(i.e., four stations at 0.25 DSE each); it could be a payment for a different
independent; or it could be a payment for four network stations, The matter is IL further complicated:if th.e 2", 3", 4 and 5 DSBs are ta~ken into actcount. Just as
the 1.0 DSE for the Canadian station could be considered to be part ofthe
calculation for the first 1.0 DSH, that 1.0 DSE could instead be housed within the
"last four" DSEs, and paid Ifor at a lower rate. The point is -- there is no way to
attach any particular distant signal with any liartibulkr rciyal/y payment.
CDC devi,sed the fees gen meth.odology for allocating fees generated to
individual stations. The following is roy understanding of how the CDC "fees
gen" protocol operates:
IL
IL
IL
IL Direct Testimony ofMarsha B. Kessler Page 23
Form 3 s stems that carried no distant stations are required to pay a minimum fee equivalent to 1.0 DSE. For these systems, CDC allocates the entire
royalty payment to what it calls the Minimum Fee Category. Thus if a system
paid $30,000 and retransmitted 6 {local) broadcast stations, the entire $30,000
would be allocated to CDC's Minimum Fee Category.
For Form 3 s stems whose total DSEs are less than 1.0 and whose distant
stations carried no 3 75% Fee liabilit, the royalty is allocated among the distant
station(s) as a proportion of their total DSEs and the balance is allocated to the
Minimum Fee Category. For example, assume a cable system carried 3 distant
network affiliates {i.e., 3 stations times 0.25 DSE each for a total of 0.75 DSE),
Such a system would pay the minimum fee. If the minimum fee were $ 6,000,
each distant station would be allocated $ 1,500, and the remaining $1,500 would be
allocated to the Minimum Fee Category.
For Form 3 s stems with total DSEs of 1,0 or more, CDC sums total DSEs
and then allocates the royalty among the distant stations in the same proportion
that each station's DSE value represents of total DSEs. In our hypothetical system
above, the allocation of the $28,808 royalty payment would go like this. Direct Testimony ofMarsha E. Kessler Page 24
D'DISTANT STATION DSE % OF TOTAL DSEs,','SHARE OF $28.808
1st indeoendent 1.00 33.33% i i i: $ ii.603 2nd lndeoendent 1.00 33.33% $ 9.603
1st network affiliate 0.25 8.33% $ 2.401
2nd network sfflIiate 0.25 8.33%.... $ 2.401
3rd network affiliate 0.25 8.33% I i i '2.401
1st PTV station 0.25 8 33% $ 2.401
TOTAL 3.00 1PP P $ 28 808
Note the difference between the royalty paid for a sirigle 1.0 DSE value in
the hypothetical versus the fees gen assigned by prorating the iridependent stations in the foregoing illustration. For 'Form 3 systems. with 3.75 le Fee liability, CDC allocates the payment on a pro rata basis by dividing each station's DSE value by'otal
DSE values for all 3.75% Fee stations arid multiplying each station's
resulting percentage times the royalty amount.
CDC's fees gen allocation reflects the relative weights ofDSE values for
independent (including Canadian) stations, netwerk affiliates and public television
stations
It might be helpful to illustrate how the fees pen ~al]ication f&lays out in
practice by examining the following SOA filings by the cable system serving
Dunkirk, New York. The individual filings covering periods 1998-1 through
2005-1 are included as PS Exhibit (MEK-4). In the initial periods, the Direct Testimony ofMarsha B. Kessler Page 25
'system carried the same distant stations, shown below with the 8SE value for each:
CBLT TORONTO 1.00 CFTO TORONTO 1.00 TORONTO WICU ERIE, PA 0.25 ERIE, PA ERIE, PA WPIX NEW YORK 1.00 PAMS, ONT Total DSEs
Appendix F summarizes the system's subscriber count, gross receipts, total DSEs
and royalty for accounting periods 1998-1 through 2005-1. It is immediately
obvious that, although the number of subscribers to the Dunkirk system and the
number of distant stations retransmitted (between 6 and 8) remained relatively
steady throughout thc years in question, the system's gross receipts and
corresponding royalty payments fluctuated significantly. The gross receipts started
at $299,058 in 1998-1. Starting in 2002-2, the system added a "satellite tier" and
the subscriber fees associated with that tier increased the Gross Receipts to $ 1.6
million in 2002-2. Two years later, when the system began providing the satellite
tier at no cost, the gross receipts dropped to $338,000 in 2005-1, and the system
fi]ed as a Form 2 system, thereby reducing its royalty payment. Direct Testimony ofMarsha B. Kessler Page 26
Dunkirk's royalties similarly track the gross receipts, starting at $21,105 for
1998-1, getting as high as $252,000 in 2004-1, and then plummeting to around
$2,400 in 2005-1 — substantially below where they were in 1998-1
Another factor in the history ofDunkirk's royalty.payments.is the effect of
a Section 111 rate change that took place in 2000~2. The change increased the
Form 3 royalty rate, but it also increased the Gros's Receipts'threshold so that in
2000-2 the system was able to file as a Form 2 system, thereby i educing its royalty
payment.
Appendix P shows the effect of these various influences on fees gen for the
Base Rate and 3.75% Fee royalties for '1.00 factor that can cause fluctuationDSE.'nother in fees gen is the merger of
formerly independent systems. Such a merger would result in an increase in gross
receipts of the merged entity and automatically trigger a higher payment in the
next period and a higher allocation to distant signals
Similarly, a system might drop a previously-cWrried distant Signal, r'esulting
in the royalties being allocated among fewer stations/DSEs. Related to this factor
would be a system that carries just a single distant independent (Canadian) statioa
That system must pay the same minimum fee, whether or not it carries that single
station.
Thank you foi the opportunity to present the information in this testimony;
I hope it will be helpful in the Judges'eliberations. Direct APPENDIX A Testimony of Nlareha E. Keseier
UCENSlNG DIVIiOM REPORT OF RECPIPTS 1/612009
CABLE TOTAL PERCENT PERCEN'r YEAR/PERtOD DEPOSITS GROtVTH LAST DEPOSIT TOTAL DEPOSIT BY YEAR GROWTH
2008/2 $ 113,688. 14. 01/23/09 2008/I $79, 820,258.28 Ot/ts/09 $79,933,924. 40 2007/2. $73,139.271.05 3.74% 01/21/09 2007/I $72,805.S42.84 1.32%a 01/21/09 $145,745, I 13. SS 2 52% 2006/2 $70,503,340.21 1.65'/o 01/09/09 2006/1 $71 660,397. 41 5.71%a 01/09/09 $ 'f42,163, 737.82 3.66'k 2005/2 $68.358,843. 73 3.46% DISS/Os 2005/1 $ST 781 783. 22 0.72y, otlpslos $ 137,1S0,606.95 2.09ok 2004/2 $8, S,gos-rt 1.88% 12NS/ 8 2004/1 $87 305 Sgs. 93 1.55% ton4los $134 345'65,84 '1:72% 2003/2 $ 5,603,392. 51 0 30%o oe/15/Ds. ZMSII $68 276 120.47 1 5eo/a 1ON9108 $132 076 512.98 0.93% 2Q02/2 $65,805,614.28 5.SSYo Dms/OS 2002/1 $85,26'I,154. Q7 6.92% 0?/28/08 $130.888, T89.28 6.45% 2001 /2 $61,SDO,OSS. OO -8.40% 07/28/08 .. ' 2001 /1 $81,037 417. 89 12.41o/a 07/2SIOS "$122 937;503.89 PSok $68,13,957.49 15.70% 2000/2 02/U/08'7/2SIDB 2000/t $54 299,685. 30 -2,90% $120 433,822.78 8 45% 1999 2 $57,1 9,927.51 M7% 07/28108 1999/1 $55,971,187 67 3.83% 07/ZNDS $ 113 1st t15 18 4.55/o 1 6/2 $64~, 55.51 -30.30th 07/28/06 199SI1 $ 53,907 97?.57 -29.63% 07n8/08 $108 204 728.08 -29.92% '19BTI2 $77,906,354. t 0 12.6 % 07/28/084 1997/1 $78 485 072-87 13 51% 02/11/08 $154 895 426.77 1 996/2 $8,21,834. 56 .B.'32%a 07IZSIDS. 1998/1 $88 440 053.50 7.90% DT/28/08 177 858 688.08 7 10ok 1995/ $83.91 .133.03 7.31% DT/2 .08 1995lt $81 982 891.10 1.34ok 07/Ze/08 $166 876 024.13 2 85% 1994/2 $?8, 97,770.21 14:25% 07IZSIDB. 1994/I $83 077 232. 43 11.79% or/zs/08 $ 161 275 002.64 -13.00% 191;061. 78 -3 13% 1011I/2 Sar 02/t1/08'2/11?08 1993/1 94183 949.75 -0 22a/o $185 375 011.53 -1.66% 'I.992/2 .$ 84;14't,71 1. 32 4.1 07/28/08 1892/1 $ 94 395 613.62 4;65% 02/11IDB $188 537 324.94 4.31ok
90.376,655. 2S 6.55o/o 02/1$ 1091/2 $ /Da'2/1 1991/1 $90 377 832. QB 5.88% 1/08 $160754 288.22 '.12% I 990/2 $84,8'18,30L 05 -20.23. 02/11/08 1990/1 $85 518 221. 89 -15.99% 02/11/OB $170 335 522.94 -1 8.166a 1989/2 $106,334,726. 38 9.88% 02/11lpa 1989/1 101 791 515.O1 5.89% 02/11/08 $208 126 241.39 7.?BVa 1988/2 Sssa?90,130. 13 t3ZZ% OZ/lt/OB 1988/1" $98 313 278. 58 24.00ok 02/1 1/DB $193 104 008.71 18:35'/ 1967/2 $85.492 550. 64 34.43'/o 02/1 1/08 19BT/1 $77 670 753.05 27.08'k 02/11/08 $16'3 163 303.69 SO.SZ/. I 8 /2 $83,598,291. 16 17 39% 02/11/08 1988/1 Sot 127 295. 88 20.80'/o 02/1 1/08 $124 725 587.04 19.04% 1985/2 $ 54,176,755.47 'I 2.52% 02/11/DS 1985/1 $50600 588.70 14.87% 02/11/OB $104 777, 324,1T 'I 3.55% 1sstn $48,147,885. 41 27.01'k 02/11/08 1984/1 $44,125 443. 21 28.56% 02/1 1/DB $82,273 308.62 26,78% 1963/2 $37,909,I 96. 05 74.87% 02/11/08 1983/1 $34 885475,47 79.00Ya 02I1 1/06 $72 775'71.52 76.82a/a 1982I2 3'21,878,908, 56 28.16% 02/11IOB 1982/1 3'l9,478 472.04 39.42% 02/11/08 $41,157,378.60 33.26% tsstn $ 16,91 5,375. 02 64.22%a 11/25/08 1981/1 $13 QTO784.2S 43.38% 11I26/08 $30,6BS 159.31 54.OS% 198O/2 $ 10,30D,B43, 55 24.74%a 10/24/05 1980/1 $9 743 848. 23 2/.87%o 10/25/05 $20 044 481.78 28.t5% 1979I2 $ 8,257.823. 85 25.63% 10/26/D5 1979/1 $7632 t69.73 20.44'Yo 'I o/27/05 $15 689 793.38 23,08'k 1978/2 $6,572,982.50 I 0/28/05 19?6/1 $8,337,044. 38 10/29/05 $12 910 028.88
Total 53,751,093,960AO ILICENSlhlG UIVSSION REPORT OF RECEIPTS 1/ZM20()S
SAT6LL)TE TOTA). PERCENT PERCENT YEAR/PER)OD DEPOSITS GROWT)) LAST DEPOS)T TO'3!'AL DEPOSlT BP YEAR GRO)VT)3
2008/2 2008/1 $45, 9;26,370.55 4.00% 08/20/08 $46,926o370.55 2007/2 $44, 820,83!3.24 4.45'/o 01/30/OS 2007/1 $45,1.2'l,72 3.99 3.60o/ 11/08/07 $ 89,942, 557.23 4.03%o 2006/2 $42,eoe,(346.oo 10 04o4 03I22I07 2006/1 $43,552~)54.74 10: V% 0!3/22/07 $88 452, 00924 10.41% 2005/2 $38,993,747. 81 1D.'.28'/o 0:3/22/07 2005/l $39,315~963, 37 12/39%o 0(VO)/05 $78 309 711.18 'l l 33o/ 2004/2 $35,357,420. 59 4.43'/o 09/01/05 2004/1 $~34 983~057, 03 3.Ã% OQ/0 1/05 $70 338, 477.6 2 4.20% 2003/2 $33,857,253. 35 -0.22%o 01/30/04 . 2003/1 $~$S 847~366,. 17 -1.!38% 07!19/04" $87'504 618,52 2002I2 ~$33 933,297, 12 -6.75% 02/25/03 2002/1 $3~4188,301 . 93 7.21% 09/26/02 $66 116 599.05 -7.90% 2001/2 $37,'I 85,165. 31 7. leo/o 01/31I02 2001/1 10,(34% 09/20!02 $74~028 320.30 2DOO/2 18.08% 10/29/D1. 200(V( $3~3298,555. 71 -35:08% 10/29/Dl $67 994 7e5,33 -15.7:2% ~W $2~9383 056 92 -45,4$% 0|j/04/00 1999/1 $5~1290~949„82 -7.96% (OOQBP $80 674 OOS,74 -26,36% 1998/2 $53,821,089„71 128.81% O'I /1 9/00 1998/1 $5~5727~832„06 189.80% O(V07/98 $109.548 901.77 156.24% ~199 I $23,522,186. 82 52.()zo/o 0:3/1 e/98 1997/1 $19,229,671., 70 41 93/o 11/07/87 $4 761 76S.52 47 62o/o 1996/2 25.:)2/o 02/26/97 1998/1 $~13'548;288, 52 23.(L7% O(V06//)8 $28,96'0 559,74 '4.49o/ 1995/2 3!12,3P7.755., 12 23A13o 02/20/98 1995/1 $~10 BS4'852,3S 36,03./ (0/04l95 $23 262 607.50 29.06% 1994/2 $9,973,123. 28 4'1.74% 06/05/95 1994/1 38,05~3'30L 13 56/l4'/o 09//113/94 $16~026 424,41 50.96% 1993/2 $6,750,269.48 72.79%o 03/28/94 1993/1 ~$5 190~922. 99. /4% OB/27/93 $11 941 191.54 83,55o/o
(. 08'3,906,71 02 103 26% Ds/05/ 93 )QM/1 ~$2 59~887 Q. 32 49,24% 088)3/82 $5505 590.34 77 58o/o 1eel/2 $ 1,921,99D. 44 17,22oA 1991/1 ~$3 74~1464. 97 14.87% 03/DB/92 $3.l(63 455.41 18.09% 1990/2 $1;639,882. 03 22.133%39.26'NNIQ205/(4/91 1990I1 $1,515;974. 06 07/31/90 $3 155 636.09 30.2'!% 1989/2 $1,334,680, 11 0'3I30/ 0 1989/1 $ 1 086 677, 39 De/01!59 $~2423 557,50
TOTAL $933;653,751,03 i ICENSING DlYiSlON REPORT OF RECEiPTS 1)23/2009
DART TOTAL PERCENT PERCENT YEAR/PERIOD DEPOSITS GROYITII LAST DEPOSIT TOT%I. DEPOSIT BY YEAR CROWTII
..o: 2008/4 $ 1,160.92 c 01)20)09 2006/3 $303.668. 57 f ala 11)20/08 2008/2 $424,155.48 6.28% 11/19/08 2008/1 $3N.706. 93 2.85% 08/1S/08 $1,079, 671.90 2007/4 $555,688. 81 6 08/27/06 2007/3 $383,937. 32 2. 05% 0 I/1 4/08 2007/2 $399,075,70 .64.04% 01/1 7/08 2007/1 $ 340 973.1S 28 37o%%d 08/11IOT $1 679 674 Bt -46 4?ca 2006/4 $1,297, 394,68 33.04% 11)1 5)07 2006/3 $376.231.35 -14.60% 06/11)07 2005/2 $1,109,898.D7 106.31% 08/1 1/07 2008/1 $476,030.14 .0 84a%%d 06/11/07 $3.259 554,24 33,93'/o 2005/4 $975, 171.17 44. 20% 06)11IOT 2005/3 $440,568.04 -9. 95% 06/1 1/07 2005/2 $537.971.82 32.44%o 06/11/07 2005/1 $480 OS 1.60 -56.73% 06)11)OF $2 433,792.83 -9.23% 2004/4 $678,284.90 -19.16% 06/1t/OT 2004/3 $489,236.00 -30.74% 08/11/07 2004/2 $406, 198.73 -c5. 30o%%d 06)11)07 2004/1 $ 1,109,823. 20 15.18%a 06)11)07 $2 881,342. 83 44 46oc
2003/4 $838, SBS.15 -19.36'29 06/11/07 2003/3 $706.407.83 13o6 06/11/OF 2003/2 $628,741,60 -25.42a%%d OB/11/07 2003/1 $983 516.87 60.60% 06/11/07 $3 135 265 65 9 83o%%d 2002/4 $ 1,087,414. 44 1 55% 08/1 1/07 2002/3 $996,698.01 6.14% 06/11I07 2002/2 $843,06'1.89 19.05% 08/1 1/07 2002)1 599 935.96 4? 14%a 06/1 1/OT $3 4?7, 100.30 4I 2001/4 $1,021,604. 38 38 1 0/21/02
2001/3 $939,021.40 24'Bz.se% 08/14/03 Zootn $708,177.59 42.61,o 11/05/02 17"'3,705,6ee. 2001/1 $ 1 036 696.54 3. 76% 07/16/02 91 -29.87% 2000/4 31,654,098. 28 79.57% 08/18/04 2000/3 $1,393,072. 95 63.03% 1 0/3'I/03 200D/2 $1,234,062. 82 48.46a%%d 11/20/08 2000/1 $9BB 304.59 13.33% 04)28)01 5 260,536. 64 51.36%o 1999/4 $921.127.84 31. 64Yo 02/05/01 1999/3 $854,490.25 3t.49% 02/OS/01 I Been $831, 224.09 159.18% 07)27)OD 1S99/1 $881 791.61 177.73% 07/2'7/DD $3 488 623. 79 75.45% 1eBB)4 $700,280.95 145.85% 07/27/00 'I 998/3 $ 649,868.83 129.01% 10/27/00 1998/2 $320. 707.65 90.41% 07)27IOO 1996/1 $31 7 498.33 18.76% 07)27IOO $ 1 988 343.78 97.97% 1997I4 $284,848.45 193.82% 07/27/00 1997/3 $283,774.20 139.14% 07)27/00 1997/2 $188,428.23 77.78/. 07/27/00 1997/1 $287 333.37 130.83% 07/27)00 $ 1 004 382. 25 135.64'Yo 1996/4 $97,011.58 -23 67% 07)27)00 1998/3 $116,668.78 -13,69% 07)27)00 teesn $94,746.82 -11.41%a 07/27IOO 1998/1 $116 816.46 5.52% 07/27/00 $426 243.62 -1 l.50% 1995/4 $127.094.30 -13.36 Yo 07)27/00 tee 5)3 $ 137, S08.40 R36% 07/27/00 1995/2 $106,950.25 -30. 56'la 05/31/00 1995/I $ IOB 755.SB 21.36a%%d 06/31/00 $481 808.53 -?.74% 1994/4 $ 148,728.29 22.47% 05/31/00 1994/3 $130,803.26 23.19'Ya 05)31)00 1994/2 $154.028.62 29.41% 05/31IOD 1994/1 $90 441.47 48.36% 05/22/98 $ 521 999.64 0. 35%o 1993/4 $119,806.92 1 34a%%d 09/14/94 1993/3 $ 106,1?e.3e 06)31)00 1993n $119.024,S4 05/31/00 1993/1 $175 151.69 05/31)00 $520 162.84 tee2/4 $ 118 22?.42 07/31/94 $ 118 227.42
TOTAL $34,202,556.66 APPENDIX 8 Direct Testimony af Marsha E. Kessler
NUMBER OF CABLE SYSTEMS BY FORM AVERAGE AVERAGE AVERAGE NUMBER NUMBER OF NUMBER OF F1 F2 OF F3 TOTAL NUMBER YEAR SYSTEMS SYSTEMS SYSTEINS OF SYSTEMS
2000 5,301 . 2,373 2,103 9,777 54 2% 24 3% 21 5% 1PD Popo
2001 5,258 2,051 1,836 9,145 57.5% 22.4% 20.1% 1PP P%
2002 4,940 1,788 1,743 8,471 58.3% 21.1% 20.6% 100.0'Yo
2003 4,533 1,640 1,669 7,842 57.8% 20.$% 21.3% , 100.0ojo AVERAGE, ALL YEARS 5,008 1,963 1,838 8,809 56 9% 22.3%, .20.9%. ,100.0 jo
SOURCE: GABLE DATA CORPORATION
Page 1 of 3 APPENDiX B Direct Testimony of Marsha E. Kessler
ROYALTIES BY FORII ROYALTIES ROYALTIES ROYALTIES PAID BY F1 PAID BY F2 PAID BY F3 TOTAL YEAR SYSTEMS SYSTEMS SYSTEMS ROYALTIES 2000 8 351,954 $ 4,279,608 $ 111,871,811 116,503,373 0 3% 3 7% 96.0% 100.0%
2001 $ 375,651 $ 4,159,556 5 116,144,090 120,679,297 0.3% 3.4% 96.2% 100.0%
2002 $ 365,936 8 3„630,270 8 125,765„602 129,761„808 03% 28% 96 9% 100.0%
337, I 59 $ 3,360, I 97 $ 126,726,417 130,423,773 0.3% 2.6% 97 2% "I 00.0% TOTAL„ALL YEARS 1,430,700 15„429,631 480,507,920 497,368,251 0.3% 3,1% 96.6% 100,0%
SOURCE.'CABLE DATA CORPORATION
Page 2 of 3 APPENDIXB Direct Testimony of Marsha E. Kessler
I'IIUIItIBER OF SUBSCRIBERS BV'ORII
AVI=RAGE AVERAGE AVERAGE TOTAL NUMIBER OF F1 NUMBER OF E2 NUMBER OF F3 NUMBER. OF YEAR '.IUBSCFIIBERS SUBSCRIBERS SIIBSI:RIIIERS SUBSCFIIBERS 2000 1,531,7'I 0 4,190,980 60,418,458 66,141,148 2.'3o/o 6.3o/o 9'1.3o/o 100.0%
2001 '1,596,572 4,1,'84,215 60,470,614 66,201,401 2.4% 6.2% 9'!,3'/o 100 0%
2002 1,394,309 3,359,605 60,604,709 65,358,623 2.'1% 5.1% 92.7oio 100 0
2003 '1,243,0'I 1 2,958,685 59,707,396 63,909,092 1.9% 4.6% 93.4o/o 100 0% AVERAGE, ALL YEARS '1,441,401 3,660,871 60,300,294 65,402,566 2 5.6% 92 2o/o 100 0%
SOURCE: CABLE DATA CORPORATION
Page 3 of 3 APPENDIX C Direct Testimony of Marsha E. Kessier
PERMITTED SIGNALS PRIOR TO JUNE 24, 1981
Ulled 0 F LOCATION OF NETWORKS'USIBEPERMITTED PERMITTED ADDITIONAL SYSTEM INDEPENDENTS INDEPENDENTS
1/EACH PER 2, SUBJECT TO TOP 50 MARKETS NETWORK RESTRICTIONS
SECOND 50 1/EACH PER 2, SUBJECT TO MARKETS NETWORK RESTRICTIONS
SMALLER 1/EACH PER MARKETS NETWORK (ZERO)
"ABC, CBS or NBC APPENDIX 0 Direct Testimony Of Ilarshs E. Kessler
576.29 '47 CFR Ch. I (10-1-03 Bd(tian)
Subpart tt-Reglstratton Subpart D—Carriage of Televhlon
Statements Broadcast Signals 1'94LBB Spearer temporary authority. 5 rsirl Mater television markets. (a) In circumstances requiring the Far purposes of rhe cable television
temporary use af community units for rules. the farrowing is a list of the operatians nat authorized by the Com- maJor television;markets and thah.. mlssian's rules. a cable television sys. dssr(mated colnmunitiesl teal may request speaial temporary au- (a) Ftnrt 50 ms)ar television lnarkets: to operate. Commission (1) New York, New York-Linden- thority The '3) lnay grant special temporary author- .Paterson'-Neseerk, New,'Jere'ey. ity. upon a finding that the public in- (2),:Lo4 An(rslesrSan~ Be~sr/inc-Co- terest wauld be served thereby, for a rona-Rrvtsardh-Anaheim. Calif. period to exceed Chicago, IIL not ninety (80) days. (4)'hrraclelphra,'Pa.-Burlington. h(.J. and may extend such authority. upon a (5)'Detr'oit, Mich'. like Bnding, for one additional perlad. (6)' Boston-Camb'ridge-Warcester- not to exceed ninety (80) days. Lawrence. Ivlass. (b) Requests for special temporary (I): San Francisco-OaklandSan Jo'se, authority may be submitted infor- Calif.
mally, by letter. end shall contain the (8). CleVelend-Lofaln-Akron. Ohio.;
following; (8) Washington. DC. (1) Name and address of the applicant 10) Pittsburgh. Pa. cable system. '2) 11') St.'Lau(s. Mb. Community in which the commu- 12) Dallas-Fort Worth. Tex. nity unit is located. 13) Minneapolis-St. Paul. Minn. (3) Type of operation to be conducted. 14) Baltlmo're, 1Vld. (4) Date of commencement of pro- 15) Houston. Te& posed operatldns. 18) Indianapolis-Bloomington. Ind. (5) Duration af thne for which tem- lr) Crnccrnnatr, ohio-Newport, Ky. porary authority Is required. 18) At(entarRoars. Ga. 18) Hsrtfard-New (8) All pertinent facts and consider- Haven-New Brit- ations relied on to demonstrate the in-Water -Net Laqdon, Ct.,
need for special temporary authority RB) Seattl~tacoma, Wash. and to support a deterinlnatron that a (21) Mlamh Fla. great ofsuch authority would serve the 22) Kansas City. Mo.
public interest. 5) MQwaukee, Wls.,
(24) Buffalo„'.Y.'25)
(rj A certificat of service on all In- Sacrainento-Stockton-Modesto, terested parties. Calif, (c) A request for specter temporary (20) Melnphls. Tenn. '21) authority shall be riled at least ten (10) Columbus-Chflrrciothe', Ohio. days prke'o the date oi'ommence- (25) Tampa-Sti P'etersburg-Clear-'3 ment of the proposed aperatlons, or water. Florida. shall be accolnpanled by a statement of (25) Part]and, Orbs.
reasons for the delay rll submitting (3 ) Nashville, Tenn. such request. ) New Orleans,'a.'3R) (d) A grant of special temporary au- Denver-Castle Rock. Cio]credo. thority may be rescinded by the Com- (33) Providence; R.I.-New Bedford. mlsslan at eny time upon a finding of Mass. facts which warrant such action. (34} Albany&chenectady-Troy) N.Y. (35) Syracuse, N,Y. l39 FR Sslst. Xl. 42 l9346. Sept. lsr» FR Apr. (35) charrestnn-Hunttngton, I3, 1922. ee amended at 43 FR 49009. Oct. 20, w, Va.; (3f) Kalamazoo-Gran'd Rapids-Battle lsrtr Creek. Mich. — (38) Louisville, Ky. Subpart C Fsderat-State/lacol (36) Ogahorne C)ty. Pkla, Regulatory Retatlonshlps [Re- (40) Birmingham, Als. served] (41) Dayton-'Ketthrinrt, ohio.
57G Federal Cofntnunicatiorts Cofrtmlssfon 5 76.53
(42) Charlotte, N.C. (88) Beaumont-Porr. Arthur. Tex. (43) Phoenix-lvfesa. Ariz. {89) Duluth. Minn.-Superior. Minn. (44) Norfolk-Newport News-Ports- (90) Wheeling, W, Va.-Steubenvilie, mouth-Hampton, Vs. Qhfo. (45) San Antonio. Tex. (91) Lincoln-Hastings-Kearney, Nebr. (46) Creenvtlle-Spsrranburg-Ander- (92) Lansing-Onondaga, Mich. son, S.C.-Asheville, N.C. (95) Madison. Wis. (47) Greensboro-High Point-Wfnston (94) Columbus. Ga, Salem, N.C. (95) Amarillo, Tex. (48) Salt Lake City, Vtah, (96) Huntsville-Decatur, Als. (49) Wilkes Barre-Scranton, Pa. (97) Rockford-Freepart, Ill. (50) Lfttle Rock-Pine Bluff, Arkan- (98) Fargo-Valley City. N,D. sas, (99) Monroe. La.-EI Dorado, Ark.
(b) Second 50 major televisfon mar- . (100) Columbia. S.C. kets: No75: Requests for changes tn this list
(51) San Diego, Calif. shall be made tn cba form of a pet.ttinn tnr (52) TOledo, Ohio. rulumaking pursuant tn 51.401 of this chap- (53) Omaha, Nebr. ter. except tfsat such poctttons shall nut ba (54) Tulsa, Okla. eubJect cn the publtc'37 nntton provisions of'
(55) Qrfanda-Daytond Beach-Mel- 1.40$ of this cbnpter. Florida, 'ourne-Cocoa-CIermont, PR 3278. Pob. 12, 1972. as amended at 37 (56) Rochester, N.Y. PR 13858, July 14, 1972I $9 PR 24573, July 2, (57) Harrisburg-Lancaster-York, Ps, 1874; 39 PR 27572, July 30, 1874; $9 PR 37988, (58) Texarkana, Tex;Shreveport. La, Och 2$, 1074; $8 PR 17369, Apr. 2. 1903." $8 PR (59) Mobile, Ala.-pensacola, Fls, 3039$ , May 28, 1893", 58 FR 84168, IIoc. 5, 1993", $6 PR 57584, Poc. 22, 1893; $5 FR 25344, (60) Davenport. Iowa-Rock Island-Mo- May 16, 1984; $9 FR 45368, Sept. B. 1894; 80 FR III. 45375, line. 31, 189$ ; 50 FR 51928, M'ich. Aug. Oct, 4, 1995; 61 PR (61) Flint.Bay City-Saglnaw, 18282, APr. 25, 19861 6$ PR 58101, Nnv, 14. 2000) (62) Green Bsy, Wis, (63) Richmond-Petersburg, Vs; 676.68 Reference points. (54) Springfield-Decatur-Champaign. The following fist of reference points I 1ltnois. shall be used to identify the boundaries (65) Cedar Rapids-Waterloo, Iowa, of the 'ma)or and smaller televtslon (56) Des Moines-Ames. Iowa, markets (defined in 576.5). Where s (67) Wichita-Hutchinson, Kans. comrnuniry's reference point is not (68) Jacksanville, Fla. given. the geographic coordinates of (69) Cape Girardeau, Mo.-Paducah, the main post oflice in the commurdty Ky.-Harrisburg, Ill. shall be used. (70) Roanoke-Lynchburg. Va, {71) Knoxvlge, Tenn. state srtd oorlsnurshr Lsatude Lonoltude (72) Fresno-Visslis-Henford-Clovls. Nahalns
California. Annhton ~'40'5 85'liras (73) Raleigh-Durham-Gotdsboro-Fay- Strrrenghsm -...... Jt'01 stree"Ja osoehx . -.-.-- - -...... Bstssrs5 ettevtlie, North Carohna. seutrss't'ts'27 87'scr07" (74) Johnstown-Altoona, Pa. Oonsn...... -...... 85'28'35 (75) Portland-Poland Spring. Maine. Ooster...... 3 1 80'21'58 Bnarrat (76) Spokane, Wash.. Huntudla '28'80'1'47'00 ssus'Ia (77) Jackson, Miss. Loulsstee 85'asu8 (78) Chattanooga, Tenn. uohte ...... ,.... 30'4l'38 88'02&3 (79) Youngstown, Ohio. SB'tsst assent cheshs slate perh sr22'Ss'4'2425 85'48'30 (80) South Bend-gikhsrt, Ind. Selnu ...... --. --.-.. -.... 87VII'ts- (81) Albuquerque, N. Mex, Tusoalooso 35'raus 87'33'44 (82) Fort Wayne-Roanoke. Ind. Anohof ace 01'IS'01 140'53'28 (83) Peoria. Ill. Collooa 84'5l'22 147'48'38 (84) Crecnvffle-Waslsfngton-Nesv Fslrusrdrs .. 54 srrss l47'41'5 I Bern, N.C. Juneau ..... 58 ttrco 134'2508 Silks . lac 20'12 (85) Sioux Falls-Mitchell, S. Oak. hstrxtu {86) Evsnsvflie, Ind, Stssstss ...... -.- -..- 35"11'54 111'sslr? (87) Baton Rouge, La. Mssa 3P24'54 t1S 4041 577 APPENDIX E Direct Testimony of Marsha E. Kessier
BREAKDOWN OF FORM 3 PAYMENTS BY RC)YAILTY TYPE
2000
.AVERAGE NUIMBER SHARE OF SHARE 0 FEE Of F3 F3 2000 FUI4 SCHEDULE SYSTEMS ROYALTIES RO'IIALTiES $316,40323I73 BASE RATE 1,863 $ 99,648,160 89 1% 85.5% 3.75 232 $ 12.104,368 10,8% 10.41% SYNDEX $ 119,283 0.1% 0.1 TOTAl. 2,1Q3 $ 111,871,811 100,0% 96.0%
2001
AVERACiE NUMBER SHARE OF SHARE O FEE OF F3 F3 2000 FUI4 SCHEDULE SYSTEMS ROYALTIES ROYALTIES 8220,82!I,282 BASE RATE:" 1,59I5 $ "I CI2,542,01 4 88.3% 85.0% 3.75 232 $ 13,517,28IQ 11,6% 11.2% SYNDEX 9 $ 84,796 0.10/0 0 1% TOTAL 1,83I6 $ 118,144,090 "I 00.0% 96.2%
2002
AVERA(iE NUMBER SHARE OF SHARE 0 FEE OF 183 F3 2OOQ FUN SCHEDULE SYSiTEMS ROYALTIIIS ROYALTIES 8'I28,282,808
BASE RATE 1,474 $ 109,361,432 87 Q%%u 84.3% 3.75 263 3;16,371,409 13 0'/0 126 SYNDEX 6 $ 32,761 0.'0% 0.0% TOTAL 1,743 $ 125,765,602 100,.0% 96.'I%
2003
AVERAGE NUMBER SHARE OF SHARE OF FEE OF F3 F3 2000 FUN SCHEDULE SYSTEMS ROYALTIFS ROYALT IES $ 'I 30,423,773 BASE RATI= 1,39I3 $ 109,983,369 86.8% 84.3%
3.75 271 3 '16.707,622 13,2% 12. 6%%uo SYNDEX 6 $ :.)5,426 0 0'/ 0.0 TOTAL 1,670 $ 126,726,41 7 100,0'/0 97.2%
SOURCE: CASLE DATA CORPORATION
FEE GEN ANALYSIS - DUNKIRK, BASE RATENY'CCOUNT BASE RATE 3.75 . GROSS tb DISTANT TOTAL RATE, ROYALTY 1.00 OSE 1.00 OSE NOTES PERIOD SUBSCRIBERS ROYALTY RECEtPTS STATIONS DSEs 1st DSE 1st DSE FEES GEM FEES GEN
1998-1 12 711 $ 21 105 299 058 5.75 0.893o/o $ 2 6?1 5 1744 3 2879
1998-2 13 647 $ 21 992 $ 389 374 5.75 0.893/o $ 3 477 S 'I 744 $ 3 033
1999-1 13 912 S 21 583 $ 386 923 5.75 0.893'/o 3 1798 $ 2934
1999-2 7 479 $ 21 947 $ 387 839 5.75 0.893% 3 2 642 $ 3 108
2000-1 7 773 $ 22 048 $ 383 820 5.75 0.893'/o $ 3 428 $ 1 744 $ 3 037
2000-2 7 638 $ 2 854 $ 365 696 N/A SECTION 111 RATE CHANGED.
2001-1 7 659 2 605 349,23T N/A N/A
2001-2 7 589 $ 19 353 $ 383 2'l9 4.75 0.956'/o 2 161 $ 3 219
2002-1 7 589 $ 82 365 4.75 0.956o/o 6 241 2 180 $ 24 479 ADDED SATELLITE TIER, GROSS 2002-2 7 438 $ 133 113 3 75 0 956'/ $ 6 909 $ 61 259 RECEIPTS INCREASED
2003-1 7 213 $ 126 543 3.75 0.956'/o $ 6 588 $ 58 236
2003-2 6 957 242 883 $ 1 552 118 $ 4 281 3 58 205
2004-1 6 810 $ 252 820 $ 1 615618 5.75 0.958'/o $ 15 445 PROVIDED SATELLITE TIER FOR 2004-2 6 561 2,324 5 327 320 Id/A F2 NIA FREE
2005-1 6 387 $ 2 432 N/A N/A
Data were taken from photoccpiss of microiiched SOA The micrcfche was dBicuit to reed, but was lhs only copy available. The information offered in th'a chart is based cn a good faith effort at leading ths problstnadc SOA. I
KK~SSLKR APPENDIX 8
I I I I I APPENDIX B
MPAA-REPRESENTED CLAIMANTS 2000 US CABLE RETRANSMISSION ROYALTIES
2000 CLAIMANT AB DOLLY LLC AFMA COLLECTIONS ALLIED COMMUNICATIONS INC AMERICAN BROADCASTING COMPANIES, INC. AMERICAN HEALTH & FITNESS LLC AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED B 8, A PRODUCTIONS LLC BABE WINKELMAN PRODUCTIONS INC. BIG LEAGUE GOLF INC BIG TICKET TELEVISION INC BODYB LADE INC BUENA VISTA TELEVISION CABLE NEWS NETWORK CALIFON'PRODUCTIONS, INC CBS BROADCASTING, INC. CESARI RESPONSE TELEVISION, INC. CF ENTERTAINMENT CINAR CORPORATION ClASSIC MEDIA LLC COLUMBIA PICTURES TELEVISION INC DIC ENTERTAINMENT LP DICK CLARK PRODUCTIONS, INC. DL TAFFNER, LTD FINTAGE PUBLISHING AND COLLECTION B.V. FIREWORKS ENTERTAINMENT INC FOX ENTERTAINMENT GROUP INC. FOX FAMILY WORLDWIDE INC FTM PRODUCTIONS GENERAL MILLS SALES INC GENESIS DISTRIBUTION INC GENESIS INTERMEDIA, INC. GT MERCHANDISING 8 LICENSING LLC GUTHY-RENKER HALLMARK ENTERTAINMENT DISTRIBUTION INC HASBRO, INC. HAWTHORNE COMMUNICATIONS, INC. HEARST ENTERTAINMENT INC. HOME BOX OFFICE INTERSPORT INC JALBERT PRODUCTIONS INC JEOPARDY PRODUCTIONS, INC KOST BROADCAST SALES LARRY HARMON PICTURES CORP. LEVY-GARDNER-LAVEN PRODUCTIONS, INC. LIONS GATE ENTERTAINMENT CORP MAJOR LEAGUE BASEBALL PROPERTIES, INC. MGIPERIN, INC. MODERN ENTERTAINMENT, LTD.
Page 1 of 11 APPENDIX B
IIPAA-REPRESENTED CLAIIIANTS
2000 US CABLE RETRANSMISSION RbYALTIES l
2000 CLAIIIANT MORGAN CREEK PRODUCTIONS INC NATIONAL BASKETBALL ASSOCIATION NATIONAL BROADCASTING COMPANY INC NATIONAL GEOGRAPHIC TELEVISION INC NATIONAL HOCKEY LEAGUE NELVANA LIMITED NEW L'INE CINEMA CORPORATION NEW WEST PRODUCTS NFL FILMS ORANGE GLO, INC. PARAMOUNT PICTURES, A VIACOM COMPANY PATHE IMAGE SNC PEARSON TELEVISION INC PRODUCTIONS ZONE3 INC QUICK N BRITE RICHA'RD SIMMONS INC
RYSHER ENTERTAINMENT
SCREEN MEDIA VENTURES LLC SCRIPT TO SCREEN PRODUCTiONS, INC,'ESAME WORKSHOP SFM ENTERTAINMENT SPECTACOR FILMS SPELLING TELEVISION, INC SPORTS LEGENDS INC STEVE ROTFELD PRODUCTIONS,'NC. STEVE WHITE FILMS STUDIOCANAL IMAGE STUDIOS USA TELEVISION DISTRIBUTION TALL PONY PRODUCTIONS TELCO PRODUCTIONS, INC. THE CANADIAN BROADCASTING CORPORA PIO THE CARSEY WERNER COMPANY THE GOODMAN GROUP, LLC. THE LANDSBURG COMPANY THE RECORDING INDUSTRY ASSOCIATI N (bF AMERICA INC THE SUMMIT MEDIA GROUP INC: TIME LIFE FILMS
TORSO TRACK INC
TOTAL GYM FITNESS LLC TRANSWORLD INTERNATIONAL, INC.'RIBUNE ENTERTAINMENT COMPANY UNIVISION NETWORK LIMITED PARTNERSHIP US SKI 8 SNOWBOARD ASSOCIATION WARNER BROS WESTERN INTERNATIONAL SYNDICATION WNBA ENTERPRISES LLC WORLDVISION ENTERPRISES, INC
*MPAA represents all claimants within jo'Int Claim's
Page 2 ot 11 APPENDIX B
IIIIPAA-REPRESENTED CLAINIANTS 2001 US CABLE RETRANSNllSSION ROYALTIES
2001 CLAINIANT AB DOLLY LLC ABC FAMILY WORLDWIDE, INC. AFMA COLLECTIONS ALLIED COMMUNICATIONS INC AMERICAN BROADCASTING COMPANIES, INC. AUDIO-VISUAL COPYRIGHT SOCIETY BABE WINKELMAN PRODUCTIONS INC. BENNETT PRODUCTIONS INC. BIG LEAGUE GOLF INC BIG TICKET TELEVISION INC BUENA VISTA TELEVISION CABLE NEWS NETWORK LP LLP CALIFON PRODUCTIONS, INC. CARSEY-WERNER-MANDABACH LLC CBS BROADCASTING, INC. CF ENTERTAINMENT, INC CLASSIC MEDIA LLC CNBC, INC. COLUMBIA PICTURES TELEVISION INC COMPACT COLLECTIONS LIMITED CRYSTAL PICTURES INC DIC ENTERTAINMENT, LP DL TAFFNER, LTD DREAMWORKS LI C EUROPEAN PICTURES BV FAMILY PRODUCTS LLP FINTAGE PUBLISHING L COLLECTION BV FOX ENTERTAINMENT GROUP INC. FREMANTLEMEDIA NORTH AMERICA, INC. GRIZZLY ADAMS PRODUCTIONS INC GT MERCHANDISING 8 LICENSING LLC GUTHY-RENKER HALLMARK ENTERTAINMENT HARMONY GOLD U.S.A. HASBRO, INC. HAWTHORNE COMMUNICATIONS HEARST ENTERTAINMENT INC. HOME BOX OFFICE JAFFE BRAUNSTEIN Fll MS'LTD JALBERT PRODUCTIONS, INC. JAS)NSKI TV JEOPARDY PRODUCTIONS, INC. KELLER ENTERTAINMENT CORP KOST BROADCAST SALES LARRY HARMON PICTURES CORP. LEVY-GARDNER-LAVEN PRODUCTIONS, INC. LITTON SYNDICATIONS MAJOR LEAGUE BASEBALL PROPERTIES, INC.
Page 3of11 APPENDIX B
MIPAA-REPRESENTED CLAINIANTIS 2001 US CABLE RETRANSMlSSION ROYALTIES
2001 CLAIMANT MARTHA STEWART LIVING OMNIMEBIA, INC! MARTY STOUFFER PRODUCTIONS METRO-GOLDWYN-MAYER STUDIOS'NC. MG/PERIN, INC. MODERN ENTERTAINMENT, LTD.i MOSO PRODUCTIONS NASCAR DIGITAL ENTERTAINMENT LTD NATIONAL BASKETBALL ASSOCIATION NATIONAL BROADCASTING COMPANY INC NATIONAL GEOGRAPHIC TELEVISION NATIONAL HOCKEY LEAGUE NBC ENTERPRISES, INC. NELVANA LIMITED NEW LINE CINEMA CORPORATION NFL FILMS O. ATLAS ENTERPRISES, INC. OLIVER PRODUCTIONS, INC. OVERVIEW PRODUCTIONS INC PARAMOUNT PICTURES, A VIACQM COMPANY PRODUCTIONS ZONE3 INC. RED HORSE RYSHER ENTERTAINMENT SANDRA CARTER PRODUCTIONS
SCHOLASTIC ENTERTAINMENT INC. i
SCREEN MEDIA VENTURES, LLC l SCRIPT TO SCREEN PRODUCTIOiNS,'ING SESAME WORKSHOP SFM ENTERTAINMENT LLC SFX TELEVISION SPECTACOR FILMS SPELLING TELEVISION, INC. STEPHEN J CANNELL PRODUCTIONS INC STEVE ROTFELD PRODUCTIONS) INC. STEVE WHITE FILMS STUDiOS USA TELEVISION TELCO PRODUCTIONS, INIC. THE CANADIAN BROADCASTING CORPORATION THE GOODMAN GROUP, LLC THE LANDSBURG COMPANY THE PROGRAM EXCHANGE THE SUMMIT MEDIA GROUP TIME LIFE FILMS TOTAL GYM FITNESS, LLC TRANSWORLD INTERNATIONAL, INC. TRIBUNE ENTERTAINMENT COMPANY UNIVERSAL CITY STUDIOS LLP UNIVISION NETWORK LIMITED PARTNERSHIP WARNER BROS. DOMESTIC TELEVISION DISTRIBUTION
Page 4 of 11 APPENDIX.B
iIPAA-REPRESENTEDCLAIMANTS'003 US CABLE RETRANSMISSION ROYALTIES
2001 CLAIMANT WESTERN INTERNATIONAL SYNDICATION WNSA ENTERPRiSES LLC WORLDVISION ENTERPRISES, INC.
*MPAA represents all claimants within joint claims
Page 5 of 11 APPENDIX 8
INPAA-REPRESENTED CLAIMANTS I I I 2002 US CABLE RETRANSMISSION ROYALTIES"
* 2002 CLAIMANT
ABC FAMILY WORLDWIDE, INC. AFMA COLLECTIONS AGICOA (GENEVA)
AGICOA (MUNICH) ALLIED COMMUNICATIONS INC AMERICAN BROADCASTING COMPANIES', INC. AUDIO-VISUAL COPYRIGHT SOCIETY BABE WINKELMAN PRODUCTIONS'IG INC. BETTER GRADES SEMINARS LLC LEAGUE GOLF INC BIG TICKET TELEVISION INC. BUENA VISTA TELEVISION CALIFON PRODUCTIONS, INC. CARSEY WERNER COMPANY LLC CBS BROADCASTING, INC. CF ENTERTAINMENT, INC. CINAR CORPORATION CLASSIC MEDIA LLC CNBC, INC. COMPACT COLLECTIONS LIMITED CRYSTAL PICTURES INC DIC ENTERTAINMENT DICK CLARK PRODUCTIONS, INC. DL TAFF NER, LTD. DREAMWORKS LLC ECLIPSE TELEVISION AND SPORTS IV!ARKETING, LLC EYE PRODUCTIONS INC FINTAGE PUBI ISHING 8 COLLECTION B.V. FOX ENTERTAINMENT GROUP INC. FREMANTLEMEDIA NORTH AMERICA,'NC. GENERAL MILLS SALES INC GENESIS INTERMEDIA INC GRIZZLY ADAMS PRODUCTIONS, INCJ GT MERCHANDISING 8 LICENSING Ll C GUTHY-RENKER HALLMARK ENTERTAINMENT DISTR I 8UTION'LC HAWTHORNE COMMUNICATIONS INC 'HISPANIC HERITAGE AWARDS FOUNDATION, INC. INTERSPORT INC t JALBERT PRODUCTIONS, INC, JASINSKI TV JEOPARDY PRODUCTIONS, INC. KOST BROADCAST SALES
I ITTON SYNDICATIONS MAJOR LEAGUE BASEBALL PROPERTIES, INC. MARTHA STEWART LIVING OMNIMEDIA, INC, MARTY STOUFFER PRODUCTIONS LTD. METRO-GOLDWYN-MAYER STUDlOS INC.
Page 6 of 'l1 APPENDIX B
MPAA-REPRESENTED CLAIINANTS 2002 US CABLE RETRANSMISSION ROYALTIES
* 2002 CLAIMANT MG/PERIN, INC. MICHAEL JAFFE FILMS LTD MODERN ENTERTAINMENT, LTD. NASCAR DIGITAL ENTERTAINMENT LTD. NATIONAL BASKETBALL ASSOCIATION NATIONAL BROADCASTING COMPANY NATIONAL GEOGRAPHIC SOCIETY NBC ENTERPRISES, INC. NELVANA LIMITED NEW LINE CINEMA CORPORATION NEW YORK ROAD RUNNERS CLUB INC NFL FILMS O. ATLAS ENTERPRISES INC OLIVER PRODUCTIONS, INC. OVERVIEW PRODUCTIONS INC. PARAMOUNT PICTURES, A VIACOM COMPANY PAUL RICH BENNETT PRODUCTIONS PGA TOUR, INC. POWERBASE FITNESS LLC PRODUCTIONS ZONE3 INC RED HORSE LLC RYSHER ENTERTAINMENT SANDRA CARTER PRODUCTIONS SCHOLASTIC ENTERTAINMENT INC. SCREEN MEDIA VENTURES, LLC SCRIPT TO SCREEN PRODUCTIONS, INC SFM ENTERTAINMENT LLO SFX TELEVISION (same as SFX Sports Group') SONY PICTURES TELEVISION INC. SPECTACOR FILMS SPELLING TELEVISION, INC. STEPHEN J CANNELL PRODUCTIONS INC
STEVE ROTFELD PRODUCTIONS, INC.
STEVE WHITE Fll MS STUDIOS USA TALL PONY PRODUCTIONS LLC 'ELCO PRODUCTIONS, INC. THE CANADIAN BROADCASTING CORPORATION THE GOODMAN GROUP LLC THE LANDSBURG COMPANY THE RECORDING INDUSTRY ASSOCIATION OF AMERICA THE SUMMIT MEDIA GROUP TOTAL GYM FITNESS, LLC TRANSWORLD INTERNATIONAL, INC. TRIBUNE ENTERTAINMENT COMPANY UNITED FEATURE SYNDICATE INC UNITED STATES OLYMPIC COMMITTEE UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP
Page 7 qf 11 APPENDIX B
MPAA-REPRESENTEDCLAIMANTS 2002 US CABLE RETRANSMISSION ROYALTIES
2002 CLAIMANT UNIVISION NETWORK LIM(TED PARTNERSHIP URBAN LATINO TV, LLC WARD PRODUCTIONS, INC. WARNER BROS. DOMESTIC TELEVISION DISTRIBUTION WESTERN INTERNATIONAL SYNDICATION WNBA WORLD WRESTLING ENTERTAINIVJENT; INC. WORLDVISION ENTERPRISES INC,
"MPAA represents all claimants within joiAt dsims
Page 8 of 11 APPENDIX 8
MPAA-REPRESENTED CLAINIANTS 200$ US CABLE RETRANSMISSION ROYALTIES
2003 CLAIMANT ABC FAMILY WORLDWIDE INC AGICOA ALLIED COMMUNICATIONS INC AMERICAN BROADCASTING COMPANIES INC ARTIST & IDEA MANAGEMENT LTD AUDIO-VISUAL COPYRIGHT SOCIETY B & A PRODUCTiONS I LC BABE WINKELMAN PRODUCTIONS, INC- BETTER GRADES SEMINARS LLC BIG TICKET TELEVISION INC BUENA VISTA TELEVISION CALIFON PRODUCTIONS, INC. CBS BROADCASTING, INC. CF ENTERTAINMENT INC CHAMPION ENTERTAINMENT, INC. CLASSIC MEDIA INC CLEAR CHANNEL ENTERTAINMENT INC CNBC INC
COLLECTIONS'OMPACT LIMITED D,L. TAFFNER LTD DIC ENTERTAINMENT, LP DICK CLARK PRODUCTIONS, INC. DRAGON HOUSE PRODUCTIONS DREAMWORKS LLC ECLIPSE TELEVISION & SPORTS MARKETING LLC EGEDA EURO-PRO EYE PRODUCTIONS INC FINTAGE PUBLISHING AND COLLECTION B.V. FOX ENTERTAINMENT GROUP INC FREMANTLE MEDIA NORTH AMERICA INC GENERAL MILLS SALES INC GRIZZLY ADAMS PRODUCTIONS INC GT MERCHANDISING & LICENSING CORP. GUTHY-RENKER HAWTHORNE COMMUNICATIONS INC HISPANIC HERITAGE AWARDS FOUNDATION INC HOME BOX OFFICE, INC. HORTUS LTD I.F.T,A. COLLECTIONS INTERTAINMENT LICENSING GMBH JAFFE BRAUNSTEIN FILMS LTD JALBERT PRODUCTIONS INC JEOPARDY PRODUCTIONS, INC. LITTON SYNDICATIONS MAJOR I EAGUE BASEBALL PROPERTIES INC MARTHA STEWART LIVING OMNIMEDIA, INC. MARTY STOUFFER PRODUCTIONS LTD.
Page 9 of 11 APPENDIX 8
MPAA-REPRESENTED CLAIMANTS 2003 US CABLE RETRANSlNISSION ROYALTIES
2003 CLAINIANT METRO-GOLDWYN-MAYER STUDIOS INC. MG/PERIN, INC MICHAEL JAFFE FILMS LTD MODERN ENTERTAINMENT LTD.
NASCAR DIGITAL ENTERTAINMENT L~TD ~ NATIONAL BASKETBALL ASSOCIATIQN NATIONAL HOCKEY LEAGUE NBC ENTERPRISES INC NBC UNIVERSAL INC NELVANA LIMITED NEW LINE CINEMA CORPORATION
NEW YORK ROAD RUNNERS CLUB!NC i NFL FILMS INC NGHT INC O. ATLAS ENTERPRISES INC OLIVER PRODUCTIONS, INC. PARAMOUNT PICTURES, A VIACOM COMPANY PRODUCTIONS ZONE3 INC RED HORSE LLC REMODELING TODAY INC
RL 101 INC
RYSHER ENTERTAINMENT SANDRA CARTER PRODUCTIONS SCHOLASTIC ENTERTAINMENT INC 'CREEN MEDIA VENTURES, LLC SESAME WORKSHOP SFM ENTERTAINMENT LLC SONY PICTURES TELEVISION INC SPECTACOR FILMS SPELLING TELEVISION, INC. STEVE ROTFELD PRODUCTIONS, INC. STEVE WHITE FILMS TELCO PRODUCTIONS, INC. THE CANADIAN BROADCASTING CORPORAT!ON THE CARSEY WERNER COMPANY, LLC THE GOODMAN GROUP LLC THE HERITAGE NETWORKS LLC THE LANDSBURG COMPANY THE RECORDING INDUSTRY ASSOCIATION OF AMERICA INC. THE SUMMIT MEDIA GROUP TOTAL GYM FITNESS LLC TRANSWORLD INTERNATIONAL, INC . TRIBUNE ENTERTAINMENT COMPANY ULTIMATE CHOICE INC UNIVERSAL CITY STUDIOS P RODUCTIONS LLP UNIVISION NETWORK LIMITED PARTNERSHIP URBAN LATINO TV LLC WARD PRODUCTIONS INC
Page 10 of 11 APPENDIX B
MPAA-REPRESENTED CLAIMANTS 2003 US CABLE RETRANSMISSION ROYALTIES
2003 CLAIMANT WARNER BROTHERS DOMESTIC TELEVISION DISTRIBUTION WESTERN INTERNATIONAL SYNDICATION WORLD WRESTLING ENTERTAINMENT, INC WORLDVISION ENTERPRISES, INC.
*MPAA represents all claimants within joint claims
Page 11 of 11
lVIPAA CLAIIVIED WORKS — 2000
227 ABDUCTION (1975) AGATHA (1979)
STREET ABDUCTION, THE (1996) AINSLEY HARRIOIT
...AT FIRST SIGHT (1995) ABOUT LAST NIGHT... (1986) AIR AMERICA (1990)
IFELIZ MILENIO! ABOVE THE RIM (1994) AL CAER LA NOCHE
ZA QUE NO TE ATREVES? ABSLIDE AL FILO DEL TERROR
ZSOY HOMBRE Y QUC'? ABSLIDE 2 AL FIN DE SEMANA
10 MILI.ION DOLLAR GETAWAY, THE (1991) ACADEMY AWARDS PREVIEW AL FIN DE SEMANA EN ANO NUEVO
102 DALMATIANS: CRUELLA UNLEASHED! ACCESS HOLLYWOOD AL FIN DE SEMANA EN NAVIDAD
12:01 (1993) ACCIDENTAL MEETING (1994) ALAN & NAOMI {1992)
1984 (1956) ACCIDENTAL TOURIST, THE [1988) ALBINO ALLIGATOR [1996)
1984 (1984) ACCION EXTRA ALCHEMIST, THE (1985)
21 STARS FOR THE 21ST CENTURY ACCUSED, THE (198S) ALGUNAS NUBES
21ST CENTURY ACE 3 ALI- AN AMERICAN HERO (2000)
28 BY JAKF. ACROSS THE GREAT DIVIDE (1976) ALICE IN WONDERLAND $.99 MOVIE {1951)
3 NINJAS (1992) ACROSS THE TRACKS (1991) ALICE IN WONDERLAND (1951)
3RD ROCK FROM THE SUN ACTION JACKSON [198S) ALIEN 3 [1992)
48 HRS. (1982) ACTION MAN ALIEN FURY (2000)
4PKTAE BO LIVE ADDICTED TO LOVE (1995) ALlEN INTRUDER {1993)
7 DAYS ADDICTED TO LOVE (1997) ALL GOD'S CHILDREN (1980)
7TI& HEAVEN ADRENALIN: FEAR THE RUSH (1996) ALL IN THE FAMILY
83 HOURS 'TIL DAWN (2990) ADVENTURES OF BLACK BEAUTY ALL MADDEN TEAM
976-EVIL (1989) ADVENTURES OF FORD FAIRLANE, THE ALL SHE EVER WANTED (1996) {1990)
976-EVIL II (1991) ALLEGRO ADVENTURES OF JIM BOWIE AB DOLLY ALLEGRO REVISED ADVFNTURES OF SHERLOCK HOLMES, THE
AB DOLLY 11 (1939) ALLY MCBEAL
AB DOLLY PLUS ADVENTURFS OF THE WII.DERNESS ALMA REBELDE FAMILY, THE (1975) AB ROCKER ALMOST AN ANGEL (1990) AERO BED AS ROCKER 16 ALMOST DEAD (1994) AERO EXTRA BED IN A MINUTE AB ROCKER 2 AM GOLD AERO IMAGINAIR AB ROCKFR 3 AM GOLD VERSION 2 AEROBFD Ae SUDE AMADEUS (1984) AFTER HOURS [1985) AS SLIDER AMAZING PANDA ADVENTURE, THE (1995) AFTERMATH (1990) AS TWISTER AMAZON AGAINST HER WILI.: AN INCIDENT IN BALTIMORE AB TWISTER 2 (1992) AMERICAN ADVENIIJRER
AGAINST THEIR WILL: WOMEN ABBOTT RND COSTELLO IN PRISON AMERICAN ATHLETE (1994)
AB-DOER AMERICAN BANDSTAND MPAA CLAIMED WORKS — 2000
ANIERICAN BORN (1990) ANOTHER 48 HRS. (1990) AXIS
AMERICAN COMEDY AWARDS ANOTHER STAKEOUT (1993); AXIS HELP
AMERICAN CYBORG: STEELWARRIOR ANOTHER YOU (1991) AXIS NIARKETING. {1994) AOL BABE RUTH [1991) AMERICAN GOTHIC (1988) APPOINTMENT FOR A KILUNG (1993) BABE WINKELMAN'S GOOD FISHING AMERICAN HIGH AQU( Y AHORA BABE WINKEUVIAN'5 OUTDOOR SFCRETS AMERICAN HOT WAX (1978) ARABIAN KNIGHT (1995) BABY BLUES AMERICAN MARKETING SYSTEMS ARACHNOPHOBIA (1990) BABY HUEY'5 GREAT EASTER. ADVENTURE AMERICAN K4 NJA 5 (1995) (1999) ARCHIE BUNKER'5 PlACE AMERICAN RO ULEITE (1988) BABY OF THE BRIDE (1991) ARCTIC BLUE (1993) AMERICAN SAMURAI (1992) BABY, ll"5 YOU (1983) AR5TOCATS, THE (1970) AMERICAN SKI CLASSIC BABY'5 DAY OUT (1994) ARTHUR ('l981) AMERICAN STORY, AN (1992) BACHELOR'5 BABY, THE (1996) ARTHUR 2: ON THE ROCKS (1988) AMERICAN SUMMER, AN {1990) BACK IN BUSINESS (1997) AS GOOD AS DEAD (1995) AMERICA'5 DUMBEST CRIMINALS BACKSTREET DREAMS (1990) ASESLNATO EN PLAZA GARIBALDI AMERICA'5 FUNNIEST HOME VIDEOS BACKSTROKE ASSAULT AT WEST POINT: THE COURT- AMERICA'5 FUNNIEST HOME VIDEOS MARTIAL OF JOHNSON WHITTAKER (1994) BACKSTROKE 2 SALUTE TO BONEHEADS ASSI 6 NMEI'IT, THE (1997) BAD BLOOD (1981) AMERICA'5 F UNNIEST HOME VIDLOS UNCENSORED AT HOME WITH THE WEBBERS (1993) BAD BLOOD (1994)
AMERICA'5 FUNNIEST HOME VIDEOS: KIDS AlTEMPT TO KILL (1961) BAD BOYS (1995) AND ANIMALS AlTICA (1980) BAO COMPANY (1994) AMERICA'5 MOST WANTED: AMERICA FIGHTS BACK AUSSIE HAIR OFFER BAD NEWS BEARS, THE (1976)
AMIGO AUSSIE NADS BAJA OKIAHOMA (1988)
AMITYVILLE 1992: IT'5 ABOUT TIME (1992) BANJO AUSTIN POWERS: INTERNATIONA'L MAN OF 'YSTERY MINNOW (1997) AMOR GITANO BANNED IN AMERICA: THE WORLD'5 AUTO LOCK SEXIEST COMMERCIAIS 2 ANASTASIA (1997) AUTO LOCK PRO BASIC INSTINCT (1992) AND GOD CREATED WOMAN (1988) AUTOBIOGRAPHY OF MISS JANE PIT?MAN, BATMAN (1989) ANDROMEDA THE (1974) BATMAN BEYOND ANDY GRIFFITH AUTOCI.OCKPRO BATMAN RETURNS (1992) ANGEL AUTOLOCK BATTLE BEYOND THE STARS (1980) ANGEL ON MY SHOULDER (1980) AUTOLOCK PRO 2 BATTLE DOME ANGELAANACONDA AUTOLOCK UNBREAKABLE BATTLE OF THE CHILD GENIUSES: WHO IS ANGEUTO M(O AVENGERS THE SMARTEST KID IN AMERICA?
ANIMAL RESCUE AWAKETO DANGER BAlTLING FOR BABY (1992) (1995)'WAKENINGS ANIMAL RESCUE — A CHRISTMAS SPECIAL (1990) BAYWATCH HAWAII
ANNA KARENINA (1948) AWESOME ADVENTURES BEACON IVIPAA CLAIMED WORKS — 2000
BEACON CHITO BEWITCHED BLIND MAN'S BLUFF {1992)
BEAKMAN'S WORLD BEYOND BELIEF: FACT OR FICTION? BLIND SPOT (1958)
BEAR, THE (1989) BEYOND RANGOON (1995) BUND SPOT (1993)
BEAST MACHINES BEYOND THE STARS (1989) BLOCKBUSTER ENTERTAINMENT AWARDS
BEAST WAR5 BIENVENIDOS BLOOD BROTHERS (1994)
BEASTMASTER BIG BABY BLOOD FOR BLOOD (1995)
BEASTMASTER, THE (1982) BIG BRAWL, THE (1980) BLOOD MONEY (1997)
BEA1 THE DEVIL [1954) BIG EASY, THE (1986) BLOODFIST II (1990)
BEAT, THE BIG 6EORGE OVEN BLOODFIST III: FORCED TO FIGHT (1991)
BEAT THE (1987) BIG GREEN, THE (1995) BLOODFIST IV: DIE TRYING (1992)
BEAUTICIAN AND THE BEAST, THE (1997) BIG JAKE {1971) BLUE FIN (1978)
BEAUTY & DENISE (1989) BIG ONE: THE GREAT LOS ANGELES BI.UE THUNDFR (1983) EARTHCLUAKE, THE (1990) BED OF LIES (1992) BLUE TKiER (1994) BIG TREES, THE (195?) BED OF ROSES [1996) BODY BY JAKE BIG TROUBLE (1986) BEDKNOBS AND BROOMSTICKS (1971) BODY BY JAKE: BUN & THIGH BILL & TED'5 BOGUS JOURNEY (1991) BEDROOM WINDOW, THE (1987) BODY FLEX BILL & TED'5 EXCELLENTADVENTURE BELL JAR, THE (1979) (1989) BODY FLEX 3
BENEATH THE 12-MILE REEF (1953) BILL NYE THF. SCIENCE GUY BODY FLEX II
BENEFIT OF THE DOUBT (1993) BILLBOARD MUSIC AWARDS BODY LANGUAGE (1992)
BENJI (1974) BILLBOARD'5 ROCK 'N'OLL NEW YEAR'5 BODY LANGUAGE (1995) EVE BENSON BODYFLEX BILLY BATHGATE (1991) BEST FRIENDS (1982) BODYGUARD FROM BEIJINCi (1994) BIONIC MINNOW BEST OF ANIMAI. RESCUE BONANZA BIOSLIM BEST OF DEAN MARTIN BONFIRE OF THE VANITIES, THE (1990) BIRD OF PREY (1995) BEST OF HARD ROCK LIVE: HARD ROCKERS BONITA BITTER VENGEANCE (1994) BEST OF HARD ROCK LIVE: ROCK & POP BOOK OF LOVE (1991) BLACK MAG'IC WOMAN (1990) BEST OF IIARD ROCK LIVE BOOMERANG (1992) BLACK SUNDAY {1977) BEST OF SESSIONS AT W EST 54TH BORN BEAUTIFUL (1982) BLACKBEARD, THE PIRATE (1952) BEST OF THE BEST [1989) BORN TO FLY BLACXBELT (1992) BETTER HOMES AND GARDENS BORN TO KILL(1974) BLAME IT ON THE BELLBOY (1992) BETTY FORD STORY, THE (1987) BORN TO RIDE (1990) BLANK CHECK (1994) BEVERI.Y HILLBII.LIFS BOSOIIII BUDDIFS BLESSED ASSURANCE (1997)
BEVERLY HILLS COP I! (1987) BOSTON PUBLIC BLIND DATE (1934) BEVERLY HILLS, 90210 BOULEVARD (1994) BLIND FAITH (1998) BEVERLY HILLS, 90210: THE FINAL BOUNTY HUNTERS GOODBYE BLIND FURY (1990) BOW FLEX 2 MPAA CLAIMED WORKS — 2000
BOWFLEX BY YOUR LEAVE (1935) CARLETON SHEETS EIGHT
BOXED ESTEIAR C.I.A. CODENAME: ALEXA (1992) CARLETON SHEETS ELEVEN
BOY MEETS WORLD C.I.A. Il: TARGET ALEXA (1994) CARLETON SHEETS NINE
BOYS CLUB, THE (1997) CABLE CARS CARLETON SHEETS REAL E5TATE
BOYS ON THE 5 ID E (1995) CABLE GUY, THE (1996) CARLETON SHEETSTEN
BOYZ N THE HOOD (1991) CACER(A DE UN FUGITIVO CARLTON SHEETS
BRAINSCA N (1994) CADENCE (1990) CARNIVAL STORY (1954)
BRANDED CAFE VIDEO CAROLINE IN THE CITY
BREAKING THE MAGICIAN'5 CODE: CAFE VIDEO: THE TOP 20 VIDEOS OF THE CAROLINE?(1990) MAGIC'5 BIGGEST SECRETS FINALLY '905 REVEALED CAR RUSEL Df LAS AIVIERICAS C*L MAX BREEDERS (1997) CASUALTIES OF WAR (1989) CALENDAR GIRL, COP, KILLER? THF. BAMBI BREVES LECCIONES BEMBENEK STORY (1992) CASUALTY OF WAR, A'(1990)
BRITNEY SPEARS: THERE'5 NO PLACE LIKE CALIENTE CAT & BUNNY WARNEROONIE SUPER HOME LOONEY BIG CARTOONIE CALIFORNIA DREAMS BROKEN ARROW (1996) CAT BALLOU (1965) CALL ME (1988) BRDTHER FROM ANOTHER PLANET, THE 'CELEBRITY SPORTS INVITATIONAL (1984) CALL OF THE WILD (1993) CEUNE DION: THE CONCERT BRUTALLY NORMAL CALLE OCHO CENTER OF THE WEB (1992) BUDDY HOLLY STORY, THE (1978) CALMAX CERO EN CONDUCTA BUFFALO SOLDIERS (1972) CA MA RA INF RAG ANTI CESARI RESPONSE BUFFALO SOLDIERS (1997) CAMINO A LA COPA CHAIN OF COMMAND (1993) BUFFY THE VAMPIRE SIAYER CAMINO AL INFIERNO CHALLENGE TO BE FREE (1976) BUFFY THE VAMPIRE SlAYER (1992) CAAAVERAL DE PASIONES CHAMELEON3: DARKANGEL(2000) BUGS BUNNY CANDY MAN, THE (1968) CHAMELEON 8: DEATH MATCH (1999) BUGSY (1991) CANDYMAN (1992) CHAMPIONS: A LOVE STORY (1979) BULLET (1997) CANNIBAL WOMEN IN THE AVOCADO JUNGLE OF DEATH (1988) CHANCES ARE (1989) BULLETS OVER BROADWAY (1994) CANNONBALL RUN 8 (1984) CHANGE OF HEART (1934) BULLITT (1968) CANNONBALL RUN, THE (1981) CHANGE OF HEART BULISEYEI (1989) CAPTAIN AMERICA (1990) CHAPLIN (1992) BUN & TFRGH CAPTAIN RON (199Z) CHARLIE'5 ANGELS BUN AND THIGH ROCKER CAPTAIN SIIVIIAN & THE SPACE MONKEYS CHARLIF'5 BALLOON
THE BURBS, (1989) (1981)'HARLTON CAPTIVE HEART: THE JAMES MLNK STORY HESTON BURGLAR (1987) (1996) CHARLTON HESTON BOOK BONU5 BURNS AND ALLEN CARDCAPTORS CHARMED BURT BACHARACH: ONE AMAZING NIGHT CAREFREE (1938) CHARRITO BURY ME IN NIAGARA (1993) CARIBBEAN MYSTERY, A (1983) CHASE (1985) BUZZ UG HTY EAR OF STAR COMMAND CARLETON SHEETS )V(PAA CLA)IVIED WORKS — 2000
CHASE, THE (199'1) CITY SLICKERS (1991} COMPREHENSIVE FORMUIA
CHEATERS CLAN OF THE CAVE BEAR, THE (1986) COMPREHENSIVE VITAMIN
CHEATING SPOUSES CAUGHT ON TAPE CLARA'S HEART (1988) COMQ
CHECK DEBIT PERSONAL POWER CLASS ACT (1992) CON GANAS
CHEERS CLASS ACTION ('1991) CONCRETE COWBOYS, THE (1979)
CHILD OF DARKNESS, CHILD OF LIGHT CLASSIC COUNTRY CONCRETE WAR (1991) (1991) CLASSIC COUNTRY COLLECTION CONNECTICUT YANKEE IN KING ARTHUR' CHILDREN NOBODY WANTED, THE (1981) COURT, A (1989) CLASSIC RBB CHILDREN OF THE BRIDE (1990) CONSENTING ADULTS (1992) CLASSIC RHYTHM AND BLUES CHILDREN OF THE CORN (1984) CONSTANTINE AND THE CROSS (1962) CLEAN AND SOBER (1988) CHILDREN OF THE CORN IV: THE CONTROL GATHERING (1996) CLIMATE FOR KILLING, A (1991) CO NVECTIONAIRE CHILL FACTOR, THE (1973) CLUELESS COOKIE (1989) CHINA GIRL (1987) CNN INTERNATIONAL COOL RUNNINGS (1993) CHINA HAND (1987) COACH (1978) COPA
C HI NATOW N (1974) COBB (1994) COPA DE ORO CHINESE RING, THE (1947) COCOON (1985) COPA HAIR CHITO CODE NAME: PHOENIX (2000) COPA REVISED CHITO 5 COLD NIGHT'5 DEATH, A (1973) COPS CHITO II COI.D RIVER (1982) COPS: THE TOP 15 MOMENTS OF ALL TIME CHITOSOL COLLEGE BOWL PREVIEW COPYCAT (1995) CHITOS0L 3 COLLEGE FOOTBALL PREVIEW CORAZON DE TEQURA CHITOSOL 5 COLOR ME PERFECT (1996) CORN IS GREEN, THE (1979) CHITOSOL Il COLOR PURPLE, THE(1985) CORRUPCION Y PLACER CHRISTINE (1983) COMANDO DE FEDERALES II CORSICAN BROTHERS, THE (1985) CHRISTMAS CAROL, A (1984) COME BACK TO THE 5 5 DIME JIMMY DEAI'I, JIMMY DEAN (1982) COSAS DEL AMOR CHRISTMAS WITHOUT SNOW, A (1980) COME NEXT SPRING (1955) COSBY CHRISTOPHER COLUMBUS: THE DISCOVERY (1992) COMEDY SHOWCASE COSBY SHOW
CHRISTY COMMISSIONER, THE (1998) COUNTRY CLASSIC COLLECTION
CHROME SOLDIERS (1992) COMMITMENTS, THE (1991) COUNTRY CLASSICS
CINDE RELMO COMP FORMULA COUNTRY GOLD
CINDY MARGOLIS COMP VB COURAGE AND THE PASSION, THE (1978)
CIRCUMSTANCES UNKNOWN (1995) COMPAQ COURAGE MOUNTAIN (1989)
CITIZEN KANE (1941) COlvlPLICES DEL INFIERNO COVER GIRL MURDERS, THE (1993)
CITIZEN X (1995) COMPREHENSIVE COWARD OF THE COUNTY (1981}
CITY IIEAT(1984) COMPREHENSIVE CLOCK COWBOYS, THE (1972) h/IPAA C].AIWIED V/ORKS — 2000
COX CHALLENGE CYBORG COP II (1994) DEADBOLT(1992)
CO,2 O.A.R.Y.L (1985) DEADFALL ('[993)
CQ4 C).C. DEADLY BET! 1991)
CRIME STRIKE D2: THIE Ml(IHTY DUCK5 (1994) DEADLY DESIRE (1991)
CRISTINA DAKOTA (15)45) DEADLY FAMILY SECRE[5 (1995)
CRISllNA... ED)CION ESPECIAL DANCI.: ME OUTSIDE (1994] DEADLY HEF(OES (1993]
CRISTINA: EDIC[ON ESPECIAL DANCE OF THE DI|VARFS (1983) C)EADLY WHISPERS (1995)
CRITTERS 3 (1992) L')ANCI- WITH ME (1998) DEAN IMARTIN
CROCODILE DUNDEE (1986) DANCING WITH DANGFR (1994] DEAN iMARTIN ll
CROOKED HEARTS'HE (1972] DANGER IN OUR!iKIES: THE NfW UFO DEAN MARTIN RCIAST THREAT CROSS CREEK (1983) DEAR IOHN DANGEROUS LIAISONS (1988) CROSSING DELANCEY (1988) DEATH BE NOT PROUD (1975) DANG E ROUS PAS!5)ON I',1.990) CROSSING THF BRIDGE (1992) DEATH BY IVIAGIC (2000] OAN(il[ROUS PLAICE, A (1995) CROSSING THE LINE (1989) DEATH CAR ON THE FREEWAY (1979) DANGEROUSTOUCH (1.993) CROSSROADS (1986) DEA'IH FLIGI4T (1977) E&AN[EL BOONF CROSSWORLDS (1996) DEATH HAS A BAL) REPIJTATION (1991) DARBY O'GILLAND THE LITTIE PEOPLE CRUSH (1992) (1959) DEATH IN SMALL DOSES (195)4)
CRUSH, THE (1993) E)ARK ANGEL DEATH MACHINE (1995)
CRY IN THE DARK, A (1988) DARK BACKWARD, THE (1991) DEATH OF A CHEERLEADER (1994)
CRY IN THE WILD: THE TAKING OF PEGEiY DARK BREED (1996) DEATH ON THE FF(EEWAY (1979) ANN (1991) DARK MIRROR (1984) Df ATHi RINCi (1992) CUANDO HAY PASION DARK SIDE OF THE SUN, THf (1988) DEATH SHIP (1980) CUENTO DE NAVIDAD DARK VENGEANCE (199?) DEATI-II WISH V; T'E FACE OF DEATH (1[394) CURLY SUE (1991) DARK WIND, THE (1991) DECERIED (1991) CURSE )1: THE BITE (1989) DATING GAME DECISION 2000 CURSE OF THE BLACK WIDOW [1[177) l?AWSON'5 CREEK DE E P COVE R (1992) CURTIS COURT DAWSON'5 CREEK DEFENDER, THE (1994) CU1TING CLASS (1989) DAY IN OCTOBER, A (1990) DEFENDING YOUR LIFE (1991) CYBER SONIC DAY MY PARENTS RAN AWAY, THE (1993) DFLIVERANCf (1972) CYBERSIX DAYS OF THUN DI 8 (1990) DEMON IN lv)Y VIEW, A (1991] CYBERSONIC Df FIESTA CON EIL GORDO Y LA FLACA DENNIS THE IviENACE CYBERSONIC TOOTHBRUS'H 1?f GF!UESO CAL)IRRE DENNIS THE MENACE (1993] CYBER.TRACKER (1994) DEAD BEFORE DAWN (1993] DFNTIST, Tk)E (1996) CYBER-TRACKER 2 (1995) 13EAD CALM (1988) DERMAL TCI'NE CYBORG 2: G[ASS SHADOW (199;I) IBFAD FUNNY (1995) DERMAL TO NE 2 CYBORG COP (1993) DEAD PRESIDENTS (1995) DERfvlALTONE 2000 MPAA CLAIMED WORKS — 2000
DFRMALTONE FACELIFT DISH DOGS (1998) DR. lAURA
DERMATONE DISTINGUISHED GENTLEMAN, THE (1992) DR. QUINN, MEDICINE WOMAN
DESIGNING WOMEN DIVORCE COURT DRAGON BALL 2
DESIRE AND HELL AT SUNSET MOTEL DIVORCE HIS (1972) DREAM CHASERS, THE (1984) (1992) DKDA DREAM HOUSE (1981) DESNUDATE MARCELA DM — MMV700 DREAM IS A WISH YOUR HEART MAKES: DESPERATE CHOICES: TO SAVE MY CHILD THE ANNETTE FUNICELLO STORY, A (1995 (1992) DM VERSION 202 DREAM MAKER DE5PERATE MOTIVE (1993) DM VERSION 500 DREMEL DES PIERTA AMERICA DMI DREW CAREY DESTINATION STARDOM DMI 2000 DRIVING MISS DAISY (1989) DETENTION DMI BEACON DUMB & DUMBER (1994) DETRAS DEL PREMIO LO NUFSTRO DMI CHITO II DUNGEONMASTER (1984) DEUDA SALDADA OMI DIET DUNGEONS & DRAGONS DEVIL'5 BED, THE (1994) DMI DIRECT DUPLICATES (1992) DIAGNOSIS MURDER DMI HAIR LOSS DLISTY'5 TRAIL DIAMOND DRIVER D MICHITO DYING TO LOVE YOU (1993) DIARY OF A SERIAL KILLER (1997) DMICHITO II DYING TO REMEMBER (1993) DIARY OFA TEEN-AGE HITCHHIKER (1979) DOBIE GILLIS DYING YOUNG (1991) DIAS DE COMBATE DOC HOLLYWOOD (1991) E4L DICK TRACY (1990) DOCTOR, THE (1991) EAGLE EYES DIE HARD 2 (1990) DODGE SHOOTOUT AT INN E5 BROOK EAGLES EYES DIET 2X DOMINGO DE BIENVENIOOS EARLY EDITION DIET ZX DOMINGO DEPORTIVO EARTH'. FINAL CONFLICT DIFFFRENT WORLD DONNY & MARIE EARTH QUAKE IN NEW YORK (1998) DIFF'RENT STROKES DOOMSDAY GUN (1994) EASY RIDER (1969) DIGIMON: DIGITAL MONSTERS DOOMSDAY ROCK (1997) EBERT & ROEPER AND THE MOVIES DIGITALCONVERGENCC DOUBLE CHAMPION GRILL ED AND HIS DEAD MOTHER (1993) DII.BERT DOUBLE DRAGON EDWARD SCISSORHANDS (1990) DILLINGER (1991) DOUBLE EDGE (1992) EIGHT IS ENOUGH: A FAMILY REUNION DINOZAURS DOUBLE JEOPARDY (1992) (1987)
DIOS SE LO PAGUE DOUBLE, DOUBLE, TOIL AND TROUBLE EIGHT IS ENOUGH (1993) DIRECT HIT (1994) EL 170. ANIVERSARIO DF BIENVFNIDOS DOUG DIRT HUNTER EL 7ENIMA DE SAYULA DOWNHILL RACER (1969) DIR1Y DANCING (1987) EL ARRECIFE DE LOS ALACRANES DOWNTOWN (1990) DIRTY HARRY (1971) EL BALCON DE VERONICA DR. JOY BROWNE DISASTER IN TIME (1992) EL BLABLAZO MPAA CI.AIMED WGIIKS — 2000
EL CLUB DE LOS TIGRITOS ENFORCER, THE (1995) EXPLORERS (1985)
EL CUATRERO ENFORMA FINAL EXPRESSWARE
EL DIARIO DE DANIELA ENFORMA MIT
EL ESPACIO DE TATIANA ENFORMA REVISED EXTREME GHOSTBUSTERS
EL FSCAL DE HIERRO III ENFORMA SYSTEM EXTREME JUSTICE (1993)
EL FISGI) N DEL HOTEL ENGLISHMAN WHO WENT UP A HILL BUT EXTREME'REJUDICE (1987) CAME DOWN A MOUNTAIN, THE (1995) ELGANADOR EYE FOR AN EYE, AN (1981). ENTERTAINERS EL GANADO R (1990) EYE OF THE STORM (1992) ENTERTAINMENT STUDIOS.COM EL 6ATO CON GATAS 2 EYES OF CHARLES SAND, THE (1972) ENTERTAINMENT TONIGHT EL GORDO Y IA FLACA F FACTOR BH ER EL GRAN BlABlAZO FABULOUS FIFTIES ERNEST GOES TO JAIL(19901 EL GRAN FINAL DE ALMA REBELDE FAC 3 ERNEST SCARED STUPID (1991) EL GRAN FINAL DE AMOR GITANO FACE (1997) ESCAFLOWNE EL GRAN FINAL DE COSAS DEL AMOR PACES ESCAPE FROM ANGOLA (1977) EL GRAN FINAL DE DKDA FACE LIFT ESCAPE SHAPF EL GRAN FINAL DE LABERINTOS DE PASION FACE OF FEAR, THE (1990) ESCAPE YOUR SHAPE EL GRAN FINAL DE NUNCA TE OLVIDARE FACE, THE (1995) ESPECIAL DE SOFIADORAS EL GRAN FINAL DE QUERIDA FACELIFT BY DERMALTONE ESSENCE AWARDS EL GRAN FINAL DE ROSALINDA FACIALTONER ESTAMOS UNIDOS EL GRAN FINAL DE SUEJIOS FACTS OF LIFE ESTAMOS UNIDOS EN NAVIDAD EL HOMBRE DE BLANCO FALLING DOWN (1993) ET CHEF EL NIIIO QUE VINO DEL MAR FALLING FOR YOU (1995) FT CI.IEF 2 EL OJO DE VIDRIO FALLING IN LOVE AGAIN (1980) ETERNITY(1990) EL PREMIO LO NUESTRO FAMILY BUSINESS (1989) EVENT HORIZON (1997) EL SUPER BlABlA70 FAMILY FEUD EVERY GIRL SHOULD BE MARRIED (1948) EL VERANO DE BIENVENIDOS FAMILY GUY EVERY TIME WE SAY GOODBYE (1986) ELEMENT OF TRUTH, AN (1995) FAMILY MAN, THE (1979) EVERY WHICI I WAY BUT LOOSE (1978) EMPIRE OF THE SUN (198/) FAMILY MATTERS EvtRY WOMAN EMPTY NEST FAMILY OF COPS, A (1995) EVERYBODY'5 ALL-AMERICAN (1988) ENAMORADA FAMILY PRAYERS (1993) EVERYONE SAYS I LOVE YOU (1996) ENCHANTED COTI'A6E, THE (1945) FAMILY TIES EVOLVER (1995) ENCINO MAN (1992) FAMILY TORN APART, A (1993) tXCLUSIVE CQ4 ENCUENTRO DE VALIENTES FAMILY, THE (1970) EXCLUSIVE P4 ENDLESS SUMMER II, THE (1994) FANTASIA (1940) EXECUTIVE TARGET (1997) ENDURO BITS FANTASY ISLAND tXORCIST III, TIIE (1990) ENEMIES, A LOVE STORY (1989) FAR FROM HOME (198'8) IVIPAA CLAIMED WORKS- 2000
FAR OFF PLACE, A (1993) FIST OF THE NORTH STAR (1995) FOURTH PROTOCOL, THE (1987)
FAR OUT MAN (1990) FIT AB FOURTH STORY (1991)
FAST BREAK (1979) FIT AB 529 FOURTH WISH, THE (1976)
FATHER AND SCOUT (1994) F ITAB 529 FRANCES (1982)
FATHER OF THE BRIDE (1991) FIVE HEARTBEATS, THE (1991) FRANK 8 JESSE (1995)
FATHERLAND (1994) FLASH GORDON (1980) FRANTIC (1988)
FEAR INSIDE, THE (1992) F LATLIN EBS (1990) FRASIER
FELICITY FLIGHT FOR FREEDOM (1943) FREAKYLINKS
FELIZ AAO NUEVO FLIGHT OF THE INTRUDER (1991) FREE FALL (1999)
FELIZ MILENIO PARA SIEMPRE FLINCH (1993) FREEDOM
FENCE, THE (1994) FLINT THE TIME DETECTIVE FREEFALL (1994)
FERRIS BUELLER'5 DAY OFF (1986) FLORIDA CITBU5 BOWL PARADE FREEFALL: FLIGHT 174 (1995)
FESTIVALACAPUI.CO FM PRO GRILL FREEJACK (1997)
FEW GOOD MEN, A (1992) FOCUS FACTOR FRENCH SILK (1994)
FIELD TRIP FOLLOW THE RIVER (1995) FRE5H (1994)
FIESTA DE CARNAVAL FOOD 2 PAY FRESH PRINCE OF BEL-AIB
FIESTA DE NAVIDAD FOOD SAVER FRESHMAN, THE (1990)
FIESTA GIGANTE FOOD SAYER COMPACT FRIENDS
FIFTI& MONKEY, THE (1990) FOOD SAVER COMPACT II FRIGHT NIGHT PART 2 (1988)
FIFTY/FIFTY (1993) FOOD 5AV FR TWO FROM TIJE SECRET MIXED-UP FILES Qf MRS. BASIL E. FBANKWEILER (1995) FIGHTER, THE (1994) FOODSAVER FUERA DE S ERIE FINAL ANALYSIS (1992) FQQDSAVER COMPACT FULL HOUSE FINAL ASSIGNMENT (1980) FOODSAVER COMPACT il FULL MONTY, THE (1997) FINAL COUNTDOWN, Tl IE (1980) FOR LQVE ALONE (1996) FULL MOON IN BLUE WATER (1988) FINAL IMPACT (1991) FOR TIIE BOYS (1991) FUN IN ACAPULCO (1963) FINE ROMANCE, A (1992) FOR THE VERY FIRSTTIME (1991) FUNNIEST, MOST OUTRAGFOUS SPORTS FIRE BIRD5 (1990) FOR YOUR LOVE MOMENTS EVER
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FIRST FAMILY'5 HOLIDAY GIFT TO AMERICA FOREMAN GRILL FUTBOL
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FISHER KING, THE (1991) FORT APACHE (1948) FUTBOL LIGA MEXICANA
FIST OF HONOR (1993) FORT APACHE, THE BRONX (1981) FUTURAMA
FIST OF LEGEND (1994) FOUND MONEY (1983) G.l. BLUES (1960) [)I'IPAA CLAIIVIEO WORKS — 2000
GAMBLER RETURNS: LUCK OF THE DRAiN, GOOD GUYS WEAR BLACK (1978) GUIL1Y BY SUSPICION (1991) THE (1991) GOOD UFE GUILTl( CQFIISCIENCE (1985) GARDENS OF STONE (1987) GOOD MORNING BABYLON [1987) GUINhlESS WORLD RECORDS: PRII'vIETI(vIE GARFIELD AND FRIENDS 6000 MORNING V!ETNAM (1987) GUMBALL RALLY, THE I,'1976) GATE, THE (7987) GOOD SON, THE (1993) (iUN IIV BETTY LOU'5 HANDBAG, THE GATHERING OF OLD MEN, A (1987) (1992) GOOD TIMES GENERATION Ql (iUNFI6HTATTHE O.K. CORRAL [19S7) C OooiFELLAS (1990) GEORGE BALANCHINE'STRE NUTCRACKER GUNS IOF WII,L SQNNETT (1993] GOODNIGHT, MY LOVE (1972) (iUNSIMOKE: GEORGE FOREMAN GRILL (iOONIES, THE (1985) (ILITHY RENKER F RESENTS GEORGE JR. ROTISSERIE Ci RACE UNDER FIRE (iUTHY RENKER ( OM GEORGE MICHAELSPORTS MACI-IINE (iRAMMY COUNT'DOWN GUYVI['R 2: DARK HERO (199n) GET ON THE BUS (19961 CiRANI) CAhlYQM [1991) HAIR GET REAL CiRAVE:YARD SHIFT [1987) HAIR l.OSS GET SKINNY 3 ()RAVEYARD SHIFT(1990) HAMLET (1990) GETTING A TICKET IN AMERICA CiREAT ADVENTUIRF: THE (1(l75) HAND THAT ROCIKS THE CRADLE, THE GETTING AWAY WITH MURDER: THE 6REAT AMERICAN SEX SCANIDAL, THE (1991) JONBENET RAMSEY STORY (1990] HAND, THE (1981) GHOST (1990) (iREAT DAY (19n5) HANGIN'ITH IVI R. COOPER 6HOSTBUSTERS ll (1989) GREA1 HOUDINIS, THE (1976) HAPPY DAYS GHOSTS: BEST EVIDENCE CAUGIIT ON 'I APE GREAT MOM SWAP, THE (1995) HARD ROCK LIVE 6ILMORE GIRLS (iRFA1FSTSPORTS LEGENDS HARD TQ KILL(1cl90) LUC'[A GIRASOLES PARA (iREA Il EST, THE (1977] IVRRD TRUTH, THE (199n] GIRL MOST LIKELY To..., THE [1973) (iREED: THESERIF5 IVARDWARE (1990) GIRLFRIENDS (i REEN CARD (1990) IVARLEY (1990) GIRLS! GIRLS! GIRLS! (1962) (iREMLINS 2: THE NEW BATCH (1990) IVASTA EN LAS ME]ORES FAIVIII.IAS GlADIATOR (1992) GRIDLOCK (1996,'I IVASTA QUEI LOS CUERNOS NOS SEPAREN GLOBAL BUSINESS PEOPLE GRIFTERS, THE (1990) HAUNTING OF LISA, THE (1996] GLORY (1989) GROSS MISCONDUCT [1993) HAVE GUN WILL TRAVEL GI.ORY AND HONOR (1998) GROSSE POINTE HAWAII DIET GO TELL TIIE SPARTANS (1978) GROUNDHOG DRY(1993) HAWAII FIVE-0 GODS MUST BE CRAZY II, THE (1EI90) GROWN UPS HAWAIIAN DIET FOUR GODZILlA GS 27 SCRATCH REMOVFR HAWK, TI-IE (1993) GOING UNDERGROUND (1993) GUARDIAN RNGIZL (1999) HAWTHORNE GOLD STATE QUARTERS GUESS WHO'5 COMING TQ DINNER (1967) HAWTHORNE COMMIJNICATIONS GOLDEN EYE, THC (19n8) GUILTY AS CHARGED [7991) HAWTHORNE DIRECT GOOD FISHING GUIL'IY AS SIN (1993) I IE SAID, SHE SAID (15r91) 10 NIPAA CLAIMED WORKS — 2000
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HEADLINE NEWS HOFFA (1992) HOUSE ON SORORITY ROW, THE (1982)
HEALTH TRAC 2000 HOGAN'5 HEROES HOUSE PARTY (1990}
HEALTH TRACK HDLIDaY aFFAIR (1949) HOUSECALLS
HEALTH TRACK 2000 HOLIDAY CELEBRITY SPORTS HOW THE TOYS SAVED CHRISTMAS (1997)
HEAR MY SONG (1991) HOLIDAY CELEBRITY SPORTS SPECTACUlAR HOW THE WEST WAS FUN (1994)
HEAR NO EVIL (1993) HOLIDAY FOR LOVE (1996} HOW TO MARRY A BILLIONAIRE: A CHRISTMAS TALE (2000) HEART FULL OF RAIN (1997) HOLLYWOOD CELEBRITY DIET HOW TO MURDER A MILLIONAIRE (1990) HEARTLAND HOLLYWOOD CHRISTMAS HOWARD STERN RADIO SHOW HEARTLAND MUSIC HOLLYWOOD ONE ON ONE HOWLING IV: THE ORIGINAL NIGHTMARE HEAT (1987} HOLLYWOOD SQUARES (1988)
HEAT (1995) HOLOGRAM MAN (1995) HOY NO CIACUlA
HEATSEEKER (1995) HOME AGAIN HUCKLEBERRY FINN (1975)
HEIST, THE (1996) HOME ALONE 2: LOST IN NEW YORK (1992) HUDSON HAWK (1991)
HELL SWARM (2000) HOME ALONE 3 (1997) HUGHLEYS
HELLBOUND (1993) HOME IMPROVEMENT HUMAN BOMB, THE (1997)
HER DESPFAATE CHOICE (1996) HOMEWARD BOUND (1980} HUMOR ES... LOS COMEDIANTES
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HIGHLANDER (1986) HONEYMOON IN VEGAS (1992) I LOVE LUCY
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IMAGES OF 1999: A YEAR IN REVIEW IRON-FREE ORBITREK JOAN QF PARIS (1942)
IMAGES OF LIFE: THE PHOTOGRAPHS 1:HAT ISLAND OF DR. IYIOREAU, Tl-IE (1996) I I I JOE VERSUS THE VOLCANO {1990) CHANGED THE WORLD 'IT TAKES TVVO (1995) JOHNIJY BELINDA (1982) IMAGES: A CENTURY IN REVIEW 3T'5 SHQWTIME AT THE APOLLO JOHNNY CARSOIV COLLECTION IMAGINE: 3OHN LENNON {1.988) IT'5 YIJLIR CHANCE OF A LIFLTIME JOSEPHINE BAKEIR STORY, TIRE {1991) IMMORTAL IZZY AND IVIOE (1985} JOSHLIA TRIEE (1993) IN COUNTRY (1989) .IACK & JILL JOURNEY INTO LIGHT (1951) IN LOVE AND WAR (1996) .JACK AND THE BEANSTALK (1952',I JOURNEY'5 ENO: THE SAGA QF TAR IN OLD CALIFORNIA (1942) l REK: TFIE NEXT GENE!RATION" .IACKIIE CHAN ADVENTURES IN SELF DEFENSE (1987) JOY LUCK O'LU8, THE (1993) .IACK'!i BACK {1988) IN THE DEEP WOODS (1992) JUAN GABRIEL EN El. ESTADIO AZTECA JADE {1995)
IN THE HOUSE 3UDGE HATCHEl .IAGGIID EDGE (198S} I'UDGE IN THE LINE OF DUTY; SIEGE AT MARION JOE BROWN (1992) .IAMIE FOXJ( JUDGE JUD'( IN THE NAME OF LOVE: A TEXAS TRAGEDY IANE DOE (1996) (1995) JUDGE MATHI5 JAPAtVESE WAR BRIDE (1952} IN THE SPIRIT (1990) JUDGE MILI.S LANE JASON GOES TO HELL THE FINAL FRIDAY INDEPENDENCE DAY (1996) (1993) J'Ul CE (1992.)
IN ESP ERA DO AMOR IAW tJROPPFRS JUICE LADY
INFIERNO EN EL PARA(SQ JAWDROPPERS JUICE IJ3DY2
INFORMANT, THE (3997) JEFF E RSO N IN PARIS ('1995) 3 0 ICE!LADY
INNOCENT BLOOD (1992) IEFFERSONS JUICEILADY 2
INNOCEN'T SLEEP, THE (1995) JFNNY JONES .IUICEIVIAN
INSIDE (1996) JEOPARDY! .IUICEMAN II
INSIDE EDI'(ION JEREMIAH (1998) .IUICEMAN POWI.:R OF JUICING
INSIDE EDITIQN WEEKEND JEREMIAH .IQHNSON (19/2) .IULIO SABA LA Ehl NAVIDAD
INSOLES 2 JERICHO Ft VER (1993) JUMANJI
INSOLES SIX JERKY BOYS, THE (1995) .IUMANJI (1995)
INSTANT PIANO JERRY Mh(i UIRE (1996) ,)UST I&IDDING
INTENT TO KILL (1993) lESSE OWE NS STORY, THE (1984) JUST KIDDING 2
INTERNALAFFAIRS (1990) JESU!i (1979) JUSTICEROGERSFOR THE .ASINNOCENT(1994)
INV)SIBLE STRANGLER (1976) 3ESUS, EL IRIRIO IDIOS KANSAS CITY {1996)
IONIC BREEZE JEWEL OF THE NIILE, THE (1985) KANSAS CI IY MA5SACRE (1975)
IRON EAGLE 8 (1988} JFK (1991) KANSAS PACIFIC (1953)
IRON MAZE (1991) JFK ASSAS!ilNATION FILES KENNEDY THE GAMBLER (1980)
IRON WILL (1994) JIMMY THE KID (1982) KENNY ROGERS AS THE GAMBLER, PART II. - THE ADVENTURE CQNTINIJES {:1983) 12 IVIPAA CLAIMED WC}RKS — 2000
KENNY ROGERS AS THE GAMBLER, PART RI LA PUERTA NEGRA LE SEAL 319 — THE LEGEND CONTINUES (1987) LA PURA LEAN 2 KERRY'S CURE LA QUEBRADITA LEAN FOR LIFE KD/IN'5 REMEDY lA RISA EN VACACIONES 10 LEAN FOR LIFE 2 KICKBQXER 4: THE AGGRESSOR [1994) LA R)SA EN VACACIQNES II LEAN ON )VIE {1989) KICKBOXER iii: THE ART OF WAR (1992} LA RISA EN VACACIONES Ilt . LEATHER JACKETS {1991) KICKIN')T LA RISA EN VACACIQNES IV LEEZA KID (1991) LA TUMBA DEL MQJADQ LEGEND 2, THE (1993) KID WHO LOVED CHRISTMAS, THE (1990} LA VIDA DE NUESTRO SENOR JESUCRISTQ LEGEND OF ALFRED PACKER, THE (1980) KID WITH THE BROKEN HALO, THE (1982) LABERINTOS DE PAS)6N LEGEND, THE (1993) KIDNAPPED (1971) LABOR OF LOVE: THE ARLETTE LENTE LDCQ KIDNAPPING OF THE PRESIDENT, THE SCI.IWEITZER STORY (1993) (1980) I.EONARD PART 6 [1987) LADIES COURAGEOUS (1944) KIDS'QNCQCTIONS LEPRECHAUN [1992) lAOY DRAGQIY (1992) KING CREOLE (1958) LEPRECHAUN 2 (1994) LADY DRAGON 2 (1993) KING KONG {1933) LEPRECHAUN 3 (1995) LADY fROM LOUISIANA (1941) KING KONG (19761 LEPRECHAUN 4 IN SPACE [1996) LADY IN RED, THE {1979) KING OF COMEDY, THE (1983) LETHAL WEAPON 2 (1989) lADY IN WHITE (1988) KING OF THE HILL LETHAL WEAPON 3 (1992) LAD'Y MOBSTER (1988) KISS ME GOODBYE (1982) LEVEL 9 LAS DELICIAS DEL PODER KiSS OF DEATH (1995) LIES BEFORE KISSES (1991) LAS NOCHES DEL BLANQU)TA KISS TOMORROW GOODBYE (2000) LIFE AND TIMES OF JUDGE ROY BEAN, THE LASSIE (1994) (1972) KITTY FOYLE (1940) LAST BOY SCOUT, THE (1991) LIFE AND TRIALS OF ALLY MCBEAL KNIG'HTS (1993) LAST CHASE, TIIE (1981) LIFE )N A DAY [1999) KUNDLIN (1997) LAST FLING, THE (1987} LIFE IN THE WILD KUN6 FU {1971) LAST MAN STANDING (1996) LIFE WITH FATHER (1947) KURT VQNNEGUT'5 HARRISON BER6ERON (1995) LA5T OF SHEILA, THE (1973} LIFE WITH M)KEY [1993)
LA. STORY (1991) LAST OF THE MOHICANS, THE (1992) L)6H I BLAST (1985)
LAANTORCHA ENCENDIDA LAST PICTURE SHOW, THE (1971) LIGHTER SIDE OF SPORTS
LA BAMBA (1987) lAST WAVE, THE (1978) LIMIT UP (1989)
lA BQDA DELANO lATE FOR DINNER [1991) LINDA (1973)
LACAPTURA DE LATREVI LATE SHIFT, THE (1996) LINDA (1993)
LA CASA EN LA PlAYA LAWMAN LINDORA LEAN 2
LA 6RAN NOCHE Df ).Os DEM6CRATAS LAWNMOWER MAN 2: BEYOND LIQUID METAL GOLI CYBERSPACE[1996) LA GRAN NOCHE DE I.OS REPUBLICANOS LISA 219 LAWNMOWER MAN, THE (1992) LA PINATA LOCA LITTLF ARK, THE (1972) LAWRENCE OF ARABIA [1962) 13 MPAA CLAIMED WORKS -2000
LllTLE BIG MAN (1970) LOVE, CHEAT & STEAL (1994) MAN NEXT DOOR, THE (1996)
LllTLE HOUSE ON THE PRAIRiE LOVE, MARY (1985) MAN TAOUBLE (1992) 01TLE HOUSE: A NEW BEGINNING LOVER BOY (1989) WHO WOULD BE'AN KING, THE (1975)
LilTLE ODE55A (1994) LOVING COUPLES (1980) MAN WITH TWO BRAINS, THE (1983)
LITTlE PIECE OF HEAVEN, A (1991) LUCHA POR LA CASA BLANCA MAN WITHOUT A FACE, THE (1993)
LITTLE PAINCESS, THE (1939) LUCY SHOW MAIIANITAS A IA VIRGEN
UVE — REGIS & KATHIE LEE LYING EYES (1996) MANDELA AND DE KLERK (1997);
LIVE FAOM THE ACADEMY AWARDS M+A+S~H MANGLER, THE (1995),'ANHUNT: UVE WITH REGIS MACKINTOSH MAN, TIIE (19 73) SFARCH FOR THE NIGHT STALKER (1989) LIVING IN PERIL (1997) MAD ABOU T YOU MANHUNTER (1986) LIVING SINGLE MAD MAX 2 (1981) MASEA SUAVE LO QUE SE VIO Y NO SE VIO DE MAD MAX BEYOND THUNDERDOME (1985) SOAADOAAS MARILYN: THE UNTOLD STORY (1980) MAD TV LO QUE SE VIO Y NOSE VICI DE MARIMAR SOIIADORAS MADE FOR EACH OTHER (1971) MARKED FOR DEATH (1990) LOCK UP (1989) MADONNA: TRUTH OR DARE(1991) MARKED MA&II (1996)
LOCURA DE AMOR MAGIC ISLAND (1995) 'ARKElWATCH
LONG SUMMER OF GEORGE ADAMS, THE MAGIC KID (1993) (1981) MARRIED... WITH CHIL'DREN MAGIC OF CHRISTMAS .LONG WALK HOME, Tl IE (1990) MAAAYING MAN, THE {199$) MAGIC SCHOOL SUS LOOK WHO'5 TALKING (1989) MARSHAL DILLON MAID TO ORDER (1987) LORD OF THE FUES (1990) MARTA SUSANA MAITE LDS HEAMANOS SUENA ONDA MARTHA STEWART LIVING MAIOR LEAGUE BASEBALL 99: A SEASON LOS PELOTONES Y JUAN CAMANEY OF HEROES MARTHA STEWART LIVING WEEKEND
LOS REYES DEL PALENQUE MAJOR LEAGUE II (1994) MARTIN SHOAT
LOSE WEIGHT AND CELEBRATE WITH MAKER, THE (1997) MARTIN RICHARD SIMMONS MAKING LOVE WORK MARVIN AND TIGF (1983) LOST HONOR OF KATHRYN BECK, THE (1984) MALCOLM & EDDIE MARY POPPINS (1964)
LOST IN SPACE FOREVER MALCOLM (1986) IVIAS QUF. AKANZAR UNA ESTRELIA
LOST WORLD MALCOLM IN THE MIDDLE MASK OF DEATH (1995)
LOVE AFFAIR (1994) MALCOLM X (1992) ~ASQUE OF THE RED DEATH (1989)
LOVE AND A .45 (1994) MAIISU, CA MASTER RACE, THE (1944) .
LOVE AT FIRST BITE (1979) MAMA'5 FAMILY MATLOCK
LOVE CAN SE MURDER (1992) MAMBO KIIIIGS, THE (1992) MATLOCK: THE ASSASSINATION (1992)
LOVE IS A GUN (1994) MAN CALLED HORSE, A (1970) MATLOCK: THE DON (1986)
LOVE IS NEVER SILEN'i (1985) MAN FROM FAISCO (1944) MATLOCK: THE EVENING NEWS (1992)
LOVE JONES (1.997) MAN IN THE BROWN SUIT, THE (1989) MATLOCK: THE HUNTING PARTY (1989)
14 MPAA CLAIMED WORKS — 2000
MATLOCK: THE INFORMER MIDNIGHT COP (1989) MQNKEES MATLOCK: THE POWER BROKERS (1987) IN SAINT PETERSBURG'IDNIGHT (1997) MONKEY TROUBLE (1994)
MATLOCK: THE SUSPECT (1991) MIDNIGHT MAN (1995) MONSTER MASH
MAT LOCK: THE THIEF (1988) MIDNIGHT RIDE (1995) MONSTER RANCI-IER
MATLOCK: THE WITNESS KILLINGS (1992) MIGHTY DUCKS, THE (1992) MONTE WALSH {1970)
MAX KNIGHT: ULTRA SPY (2000) MIGHTY JOE YOUNG (1949) IVIONTEL WILLIAMS
MAX STEEL MIGHTY JOE YOUNG (1998) MORAL COURT
MAXIMUM COVERAGE MIGHTY PRQ GRILL MORE TRUE STORIES FROM TOUCHED BY AN ANGEL MAXIMUM EXPOSURE MIKE'5 MURDER (1984) MORE LIA MAXIMUM FORCE (1992) MILLENNIUM SILVER DOLLAR MORNING AFTER, THE (1986) MAXIMUM MEDIA MILLER'5 CROSSING (1990) MORTAL FEAR (1994) MAXIMUM RISK (1996) MILLION DOLLAR MY5TERIES MORTAL SINS (1992) MAYFLOWER'. THE PILGRIMS'DVENTURE MILLON, A (1979) MOSCOW ON THE HUDSON (2.984) MINORITY BUSINES5 REPORT MCM MOSQUITO COAST, THE (1986) MIRACI.E IANDING (1990) MEATBALLS [2979) MOST WANTED {1997) MIRACLE OFTHE FIRST CHRISTMAS MEDIA POWER MOTHER NIGHT (1996) MIRACLE ON 34TI-I STREET (1994) MEDICINE MAN (1,992) MOTHER QF THE BRIDE (1993) MIRRO MEDUSA (1974) MOTHER'5 JU5TICE, A (1991)
MIRRO W EAR EVER MEET JOHN DOE (1941) MOTOR UP MISA DE PASCUA DEL PAPA MEMOIRS OF AN INVISIBLE MAN (1992) MOUNTAIN FAMILY RQBINSON (1979) MISERY (1990) MEMPHIS BELLE (2990) MOUNTIES: TRIJE STORIES OF THE ROYAL MISS HAWAIIAN TROPIC INTERNATIONAL CANADIAN MOUNTED POLICE MEN ARE FROM MARS WOMEN ARE FROM PAGEANT VENUS MOVE GROOVE SIMMONS MISS HAWAIIAN TROPIC UNITEDSTATES MEN ARE FROM MARS, WOMEN ARE PAGEANT MOVE, GROOVE AND I.OSE FRQN4 VENUS MISS ROSE WHITE (1992) MOVE., GROOVE AND LOSE 2 fvlEN IN BLACK: THE SERIES MISS VENEZUELA MOVIE STARS MENACE II SOCIETY (1993) MISSING CHILDREN: A MOTHER'5 5TORY MR. AND MRS. LOVING (1996) MENTOR & THE HIP HOP OWLS HOLIDAY (1982) MR. BLANDINGS BUILDS HIS DREAM MESSENGER OF DEATH [1988) MISSION HILL HOUSE (1948)
MEXICAN SPITFIRE {2939) MLB '99: A SEASON OF HEROES MR. DESTINY (2990)
MEXICO DECIDE MQ'ONEY (1992) MR. SATURDAY NIGHT (1992)
Ml BARRIO MODEL BEHAVIOR (2000) MR. SMITH GOES TQ WASHINGTON {2939)
MI GENTEI MY PEOPLE! MOESHA MR. WRITE (1994)
MICKI & MAUDE (1984) MONDAY NIGHT LIVE MRS. DOUBTFIRE {2993)
MICROWEAREVE 8 MONEY (1991) MUJERES ENGANADAS
MIDAS RUN (1969) MONEY TALKS {1997) MUMMIES ALIVE! MPAA CLAIIVIEO WORKS — 2000
MUMMY LIVES, THE (1996) NATIONAL LAMPOON'5 IAST RESORT NIGHT OWL (1993) (1994) MUPPET CHRISTMAS CAROL, THE (1992) hllGHT 6 I IIFT (1982) NATIONAL lAMPOON'S SENIOR TRIP (1995)
MURDER BY NATURAL CAUSES (1979) NIGHT 5TALKER, 1'HE (1971) '. NATIONAL LAMPOON'5 VACATION (1983) MURDER IN M55ISSIPPI (1990) NIGHT STRANGLER, THE (1973) NATIONAL MEDIA
MURDER IN NEW HAMPSHIRE: THE NIGHT THE LIGHTS WENT OUT IN PAMELA SMART STORY (1991) NATURALADVANTAGE THE (1981) 'EORGIA,
MURDER IN THREE ACTS (1986) NATURAL COVER NIGHT VISION (1998)
MURDER ON THE ORIENT EXPRESS(1974) NATURAI„THE (1984): I I I I NIGHTAIIAN I
MURDER WITHOUT MOTIVE: THE EDMUND NAVIDAD EN VIENA ' ' 'IGHTMAN,7HE (1992) PERRY STORY (1992) NECESSITY (1988) NIGHTMARE ON ELM STREET 2: FREDDY'S MURDEROUS AFFAIR: THE CAROLYN REVENGE, A (1985) WARMUS STORY, A (1992) NEMES5 (1993) NIGHTMARE ON ELM STREETS: THE MURDEROUS VISION (1991) NFT MACHINE DREAM CHILD (1989)
MUREAL NEVERENDING STORY III, THE (1994) NIGHTMARE ON ELM STREET,' (1984)
MURPHY BROWN NEW ADVENTURES OF WINNIE THE POOH NIKKI
MUSIC SYSTEM NEW BATMAN/SUPERMAN ADVENTURES NINJA: THE AMERICAN SAMURAI (1992)
MUSICA DE VIENTO NCW JACK CITY (1991) NO CONTABAN CON MIASTUCIA
MY BLUE HEAVEN (1990) NEW MAVERICK, THE (1978); NO CONTEST (1994)
MY BOYFRIEND'5 BACK (1989) NEW SW55 FAMILY ROBINSGN, DIE (1999) NO HOLDS BARRED (1989)
MY COUSIN VINNY (1992) NEW TRUE LIFE ADVENTURES NO MERCY (1986)
MY LEFT FOOT (1989) NEW VO AUTOLOCK NO PLACE TO HIDE (1993)
MY UTTLE GIRL (1986) NEWLYWED GAME NO SAFE HAVEN (1989).
MYSTERIOUS WAYS N EWSIES (1991) NO SMALL AFFAIR (1984) lVIYSTERY MANSION (1984) NEWSRADIO NOCHE DC BIENVENIDOS
NAACP IMAGE AWARDS NEXT OF KIN (1989) NOCHE DE CARNAVAL 2000
NAD 5 NFL EUROPE FOOTBALL NOCHE DE ELECCIONES
NADS 2000 NFL PLAYERS FANTASY FOOTBALL WEEKLY NOCHE DE ESTRELIAS
NAOS OVERFLOW NFL PRESEASON SPECIAL NOCHE DE PARBCO
NAKED GUN 2 1/2: THE SMELL OF FEAR, NFL UNDFR THE HELMET NOISES OFF (1992) THE (1991) NFL YEARBOOK NORMAL LIFE (1996} NANNY Nl CHANA, Nl JUAhlA NORMAI„OHIO NASCAR RACERS Nl DE AQU( Nl DE ALLA NORTH (1994) NASCAR RACERS: THE MOVIE (1999) NIGHT IN PARADISE, A (1946} NOTICIERO UNIV)516N NASH BRIDGES NIGHT OF THE COMET (1984) NOTICIERO UNIVISI6N — FIN DE SEMANA NATIONAL GEOGRAPHIC ON ASSIGNMENT NIGHT OF TliE HUNTER (1991) NOTICIERO UNIVISI6N UI.TIMA HORA NATIONAL LAMPOON'5 CHRLSTMAS VACATION (1989) NIGHT OF THE RUNNING MAN (1994) NOTICIERO UNIVISI6N: BOLET(N ESPECIAL
NATIONAL LAMPOON'5 EUROPEAN NIGHT OF THE WARRIOR (1981) NOW OR NEVER VACATION (1985)
16 {VIPAA CLA(MEO V/QRKS — 2000
NOWHERE TO HIDE (1987) ONEWORLD MUSIC BEAT PAINT MATE
NOWHERE TO RUN (1993) ONION FIELD, THE (1979) PAPA 2000
NRA ONLY THE LONELY (1991) PAPER MASK (1990)
NRA 3 ONLY YOU (1992) PARADE, THE (1984)
NSYNC 'NTIMATE HOLIDAY ONLY YOU (1994) PARADISE (1991)
NUESTRA BELLEZA DE MEXICO OPENING THE TOMBS OF THE GOLDEN PARADISE, HAWAIIAN STYLE (1966) MUMMIES NUFIT PARENT 'HOOD OPERATION CONDOR (1991) NUNCA TE OLVIDAR 6 PARENTTRAP OPERATION CONDOR 2: THE ARMOUR OF NUNS ON THE RUN (1990) THE GODS (1986) PARENT TRAP, THE (1961)
NURSE, THE (1997) OPERATION SANDMAN: WARRIORS FN PA RE NTHOO D Hf LL {2000) NLrrcRAcKER: THE MQTIQN plcTURE PARIS TROUT (1991) (1986) OPPOSITE SEX, THE (1956) PARKERS NYPD BLUE OPPOSITE SEX PARTRIDGE FAMILY 0 PIONEERS! (1992) OPRAH WINFREY PARTY G RILL OCCASIONAL HELI AN (1996) ORBITREK PARYY GRILL 4 OCTAGON, THE (1980) ORDINARY MAGIC (1993) PARTY OF FIVE ODD COUPLE ORIGINAL SIN (1989) PASSED AWAY (1992) ODD JOBS (1986) ,OSCAR (1991) PASSENGER 57 {1992) OF PURE BLOOD (1986) OSTERMAN WEEKEND, THE (1983) PASSPORT TO MURDER (1993) OHI HEAVENLY DOGI (1980) OTHER PEOPLE'5 MONEY (1991) PAST MIDNIGHT (1991) O'HARA'5 WIFE (1982) OUR HOUSE PAST TENSE (1994) OLIVE, THE OTHER REINDEER OUT FOR BLOOD (1992) PASTA OLIVER & COMPANY (1988) OUT FOR JUSTICE (1991) PASTA 99 OLYMPIC GOLD OUT OF SYNC (1995) PASTA MAKER ON DANGEROUS GROUND (1996) OUT TO SEA (1997) PATRIOTS (1994) ON THE WATERFRONT(1954) OUTLAND (1981) PENSACOLA: WINGS OF GOLD ON THIN ICE: THE DARK SIDE OF SKATING OUTRAGE (1973) PFNTATHLON (1995) ONASSIS: THE RICHEST MAN IN THE OUTRAGEOUS FORTUNE (1987) WORLD (1988) PENTHOUSE, THE OVER THE LINE (1995) ONCE UPON A CHRISTMAS PEOPLE NEXT DOOR, THE (1996) OVERBOARD (1978) ONCE UPON ATEXAS TRAIN (1988) P E OP LE'5 CO U RT OVERNIGHT DELIVERY (1996) ONCE UPON A TIME IN AMERICA {1984) PEPPER ANN OWL AND THE PUSSYCAT, THE (1970) ONE GOOD COP (1991) PERFECT (1985) OXYCISE ONE MAN'5 WAR {1991) PERFECT BODY (1997) PACHANGA LATINA ONE NIGHT 'STAND {1997) PERFECT FAMILY (1992) PACHANGA LATINA EXTRA ONE SPECIAL VICTORY (1991) PERFECT WEAPON, THE (1991) PACIFIC HEIGHTS (1990) ONE TOUGH BASTARD (1995) PERFECT WOMAN MPAA CLAIMI=D WORKS — 2000
PERRY MASON PERRY MASOI4: THIL CASE OF THE SKIN- PONTIAC MOON (1994) DEEP SCANDAL(1993) PERRY MASON RETURNS (1985) POPEYE (1980) PERRY MASOI4: THIE CASE OF THE TELL-
PERRY MASON: THE LASE OF THE ALL-STAR TA LE TALK 5 HOW ~ I OST (1993] POPULAR MECHANICS FOR KII2S ASSASSIN (1989) PEIRSONAL PCIWER POPULAR PERRY MASON: THE CASE OF THE AVENGING ACE (1988) PERSONS UNKNOWN (1996) POR TU AMOR
PERRY MASON: THE CASE OF THE DEFIANT PEST OFFENSE POR TU MALEilTO AlvlOR DAUGHTER (1990) PHANTOM OF THE OPERA, THE (19fl9) POSTCARDS FROM THE EDGE (1990) PERRY MASON: THE CASE OF THE DESPERATE DECEPTION (1990} PICARD(A MEXICANA POWDEll (199iS)
PERRY MASON: THE CASE OF THE FATAL PICKING UP THE PIECES (1985} POWER iGYM FASHION (1991) PICTURE PERFECT (1997} POWER OF ATTORNEY PERRY MASON: THE CASE OF THE FATAL F RAMIHG (1992) PINKY & THE IJRAIN POWER OF JUICLNG
PERRY MASON: THE CASE OF THE GLASS PKBIOCCIJIO'5 REVEI4GE (1996) POWER OF JUICING SHOW II COFFIN (1991)
PIRANHA (1995) POWER OF ONE, TI.IE (1992) PERRY MASON: THECASEOF THE HEARTBROKEN BRIDE (1992) PJS POWER (3F OI IE: THIE P DIKE MON 2000 MOVIE PERRY MASON.'THE CASE OF THE KII.LER PLACE FOR AIINIE, A (1994] KiSS (1993) POWER RANGERS LiIGHTSPEED RESC'UE PLAGUE, THE (1992) PERRY MASON: THE CASE OF THE LADY IN POWER RANGERS LOST GALAXY THE LAKE (1988) PLATO'S RUN (1997 } Po)ivER PERRY MASON: THE CASE Ol. THE LCTHAL WITHIN, THE (1995) PLAY IT AGAIN, SAM LESSON (1989) (1972) POWERS OF TIHE PARANORMAL: LIVE ON PLAYERS CLUEI, THE PERRY MASON: THE CASE OF THE LOST (1998) STAGE! LOVE (1987) PLAY MATES ('-f941) PRAYER OF THE ROI.LERBOYS (1991] PERRY MASON: THE CASE OF THE MALIGNED MOBSTER (1991} PLAZA Sl:SAMO PRAYING MANTIS(1993)
PERRY MASON: TIIE CASE OF THE POBRE DIABLA PREDATOR 2 (,1990) MURDERED MADAIVI (1987) POBRE NHAA RICA PREFONTAINE (1997) PERRY MASON: THE CASE OF THE h/IUSICAL MURDER (1989) POETIC JUSTICE (1993) PREI.UDE TO A KISS (199'&)
PERRY MASON: THE CASE OF THE POINT BREAK (1991) PREMIOS "EL HERALDO" NOTORIOUS NUN (1986) POISON IVY: THE NIEW SEDUCTION (199TJ PREMIOS ERES PERRY MASON: THE CASE OF THE POISONED PEN (1990) POKE MON PREM}OS FURIA iVILISICAL
PERRY MASON: THE CASE OF THE RECKLESS POKEMON: THE JOHTO JOURNEYS PREMIOS TV Y NOVELAS ROMEO (1992) POLICE ACADEMY (1984) PRESUMED INNOCENT (1990) PERRY MASON: THE CASE OF THE RUTHLESS REPORTER (1991) POLICE ACADEMY 3: BACK IN TRAINING PRI.:TENDER (1986) PERRY MASON: THE CASE OF THE PRI.1TY IN PINK (1986) SCANDALOUS SCOUNDREL (1987) PQLlcE AcADEMY: IvllsslclN TO Moscow (1994) PRETTY 'iNOMAN (1990) PERRY MASON: THE CASE OF THE SHOOTING STAR (1986) POLICE STORY PREY OF THE CHAMELEON (1992)
PERRY MASON: THE CASF. OF THE SILENCED POLICE VIDEQiS PRIDE AND EXTREME PREJUDICE (1990) SINGER(1990) POLICE WOMAN PRIIVIARY MO1I IVE (1992) PERRY MASON: THE CASE OF THE SINISTER SPIRIT (1987) POLTER(iEIST (1982) PRIME TARGET (19cl1) MPAA CLA}MED WORKS — 2000
PRIMER IMPACTO PROMISE OF LOVE, THE (1980) QUE NOS PASA
PRIMER IIVIPACTO EDICK}N ESTELAR PROMISE TO KEEP, A (1990) QUEEN LA'TIFAH
PRIMER IMPACTO EXTRA PROMISE, THE (1999) QUEEN OF SWORDS
PRIMER IMPACTO: EDICION ESPECIAL PROMISED LAND QUEENS LOGIC (1991)
PRIMER IMPACTO: EDICIIJN NOCTURNA ~ PRONTO (1997) QUERIDA
PRINCE AND THE PAUPER, THE (1978) PROPHECY, THE (1995} QUICK & BRITE
PRINCE OF T)DES, TI-IE (1991) PROTEIN FREE QUICK AND BRITE
PRINCESS BRIDE, THE {1987) PROTEIN POWER QUICK CHANGE (1990)
PRLNCIPAL SECRET PROTEIN POWER FREE QUICK N BRITE
PRINCIPAL SECRET 5 PROTEIN POWER THREE QUICK N BRITE 14
PRINCIPAL SECRET 8 PROTEVA QUICKSILVER {1986)
PRISM AWARDS PROTEVA INTERNET QUIERO SER ESTRELLA
PRISONER OF SECOND AVENUE, THE (1975) PROTIVA COMPUTER QUIET FIRE (1991}
PRIVATE EYE5, THE (1980) PROVOCATEUR (1997) R2 CARSON
PRIVATE WARS (1993} PSI FACTOR: CHRONICLES OF THE RADIANT HEALTH PARANORMAL PRIZE FIGHTER, THE (1979} RAGE AND HONOR (1992) PSYCHIC (1991) PRO ACTIVE RAGTI M E (1981) PUBLIC ENEMIES (1995) PRO ACTIVE 4 RAINBOW DRIVE (1990) PULP FICTION (1994) PRO ACTIVE 5 RAMBO PUMP UP THE VOLUME {1990) PRO GRILL RAMBO lll (1988) PUMPKINHEAD II: BLOOD WINGS {1994) PROACTIV RAMBO: FIRST BLOOD PART II (1985) PUNISHER, THE (1990) PROACTIV 4 RAPID FIRE {1989) PUPPET MASTER (1989) PROACTIV 5 RAPID FIRE (1992) PUPPET MASTERS, THE (1994) PROACTIV FOUR RAPTURE, THE (1991) PURE COUNTRY (1992) PROACTIV SOLUTION SKIN CARE RATINGS GAME, THE (1984) PURE DANGER (1996) PROACTIV SOLUTlONS RAV E N (1996) PURE SPIN DRIVER PROACTIVE RAW DEAL (1986) PURE SP)N WEDGE PROACTIVE FOUR RAWHIDE PURSUIT (1972) PROACTIVE SOI.UTIONS RAZOR'5 EDGE, THE (1984) PURSUIT {1975) PRO-ACTIVE SOLUTIONS READY TO WEAR (1994) PURSUIT TO ALGIERS (1945) PROACTIVE SOLUTIONS FOUR REAL ADVENTURES OF JONNY QUEST PUSHING UP DAISIES (1974) PROFII.ER REALTV PYROMANIAC'5 LOVE STORY, A (7995) PROFITS REASON TO BELIEVE, A (1995) Q & A (1990) PROGRILL REBEL(1985) Q-SLIM PROJECTA [1983) RECESS QUANTUM PROMISF. (1986) RECKLESS MOMENT, THE {1949) hf PAA Cl.AIIVIED WORKS — 2000
RED DEVIL REVERSAL OF FOF'TUNE (193rD) II,ONCO SHOrW 4
RED DEVIL GRILL REVOLUTION (1985) RONCO SHOW CFIRISTIVIAS
RED DRAGON, THE (1946) REVOLUTIOIVIZER RONCO SHOWTIME ROTISSERIE Sr BBQ
RED FURY, THE (1984) RICFIIE RICH'5 CIJI(ISTMAS WISH (1998) ROOKIE OFTHEYEAR(1993)
RED HEAT (198S) R,ICKI LAKE ROOKIE, THlE (19fl0)
RED PONY, THE (1949) R,IDE TO GLORY (1964) FIOSALINDA
RED ROCK WEST (1593) RIDER ON Tlh E RAIN (1970) FIOSEANNE
RED SCORPION (1989) FIIFLEMAN FIOSEANNE 'SHOW
RE DElvlPTION, THE [1995) FIING OF FIRE (19l91) FIOSEMARY'5 BAEIY (1968)
REDLINE (1997) FIING OF FIRE 11: 8 LOO f) AND STEEL (1992) flOSIE O'DONNELL
REIVERS, THE (1969) FIIO LOBO (1970) BOSWELL
REJUVENIQUE FIIO Sl-IANNON (1993) BOSWELL.'HE AI.IENS ATI'ACK (1999)
REJUVENIQUE 2 RISING SUN (1993) ROTO ZIP
RELENTLESS [1989) RIVER RAT, THE (1984) ROTO ZlP SF'IRAL SAW
RELENTLESS lll (1993) ROAD HUSTLERS, THE (1968) ROTOi'.IP
RELIC HUNTER ROAD TO GALVESTON, THE [1996) ROTOi'.IP CIRCULAR SAW
RE MING TON STEEI.E FIOAD WARIJIOR, THE (1981) ROTOZIP SAW
REMOTE (1993l ROBBIE KNIILVFL IJEAD ON TRAIN JUMP ROTOi'.IP SP'IRAL J)AW
REPLAY TV FIOBIN HOOD (1991) ROUGHNECKS: STARSHIP TROOPERS CHRONICLES REPUBLICA DEPORTIVA ROCK N ROLL tll,GH SCHOOI (1979) FIO U STAB OUT (11164) REPUBLICA DEPORTIVA EXTRA FIOCKET CHEF FIOXANNE: THE P RIZE PULITi'ER (2 989) RESCUE FROM GILLIGAN'5 ISLAN[) (19/8) ROCKET CHEF 2 flOYAL WEDDING (1951) RESCUE ME [1993) ROCKET CHI'F 2 FOR 1 ftUBDOWN (1593) RESTORE 4 ROCKETEER, THE (199).) RUBY.IEAN AND JOE (1996) RESTORE FOUR ROCKY HORROR PICTURE StlOW, THE (1975) RUN (1991) RESTORF. FOUR II ROGER EBERT Sr THE MOVIES fJUN OF THE COUtITRY, THE (1995) RLSTORE FOUR THREE PAY ROLLIIrlG MAN [1972) RUNAWAY 14EART (1990) RETURN OF ELIOT NESS, TtlE (1991) IJON tIAZELTON 5 HOL1SE CALLS RUNNING MAN, THE [1987) RETURN OF SHERLOCK HOLMES, THE (1987) RON CrO RUSSKIES (1.987)
RETURN OF THE SECAUCUS7 (19SO) RONDO 3 Sr.W.A.T.
RETURN TO MAYBERRY (1986) IRONCO FAB 505 SABADO DE BIENVE NIDOS
RETURN TO THE BLUE LAGOON (1991) RONCO INTERNATIONAL SABADO GIGANTE
REVALLEGRO RONCO INVENTK)NS SABADO GIGANTE INTERNACIONAL
REVFNGE (1990) RONCO SHOW SABRINA, THE ANIMATED SERIES
REVENGERS, THE [1972) RONCO SI.IOW 1:199 SABRINA, THE TEENAGE WITCII MPAA CLAIMED WORKS — 2000
SAFE HARBOR SECRETS TO PLAYING GREAT GUITAR 5HASTA
SAFE HOUSE (1998) SEDUCED AND BETRAYED(1995) SHATTERED IMAGE
SAILOR MOON SEDUCED BY EVIL (1994) SHE WORE A YELLOW RIBBON (1949)
SALTON INC. SEE JANE RUN (1995) SHEENA
SALTON MAXIM SEE YOU IN THE MORNING (1989) SHEENA (1984)
SANDLOT, THE (1993) SEEDS OF DECEPTION (1994) SIJERLOCK HOLMES
SANDS OF IWO JIMA (1949) SEINFELD Sl-IERLOCK I.IOLMES AND THE HOUSE OF FEAR (1945) SANFORD AND SON 5ELECCA SQL 9 SHERLOCK HOLMES AND TFIE PEARL OF SANTA CLAUS (1985) 5ELLECA SOLUTIONS DEATH (1944)
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SANTO ENREDO SFLLECCA SOLUTIONS SHERLOCK HOLMES AND THE VOICE OF TERROR (1942) SARAFINA! (1992) SELLECCA SOLUTIQNS FIVE SHERLOCK HOLMES AND THE WOMAN IN GREEN SATURDAY NIGIIT FEVER (1977) SELLICCA SOLUTION (1945)
SHERLOCK HOLMES FACES SAY ANYTHING... (1989) SENIOR TRIP (1981) DEATH (1943)
SHERLOCK HOLMES IN THE SAY GQQDB'YE, MAGGIE COLE (1972) SENORITA VENEZUELA 2000 22ND CENTURY
SHERLOCK HOLMES IN WASHINGTON SCAM (1993) 5 E N SACI 0 NA L(5 I MQ (1943)
SCARECROW AND MBS. KING SENTI MIE NTOS AJ ENDS SHE'5 IN THE ARMY NQW (1981) SCARLET CLAW, THE (1944) SEPARATE LIVES (199S} SHOO I'TO KILL (1988) SCENES FROM A MALL (1990) SEPARATED BY MURDER (1994) 5HQOTFIGKTER 2 (1996) SCHEMES (1995) SERAFIN SHOP 'TIL YOU DROP SCORPION SPRING (1995) SCBAF(N SHOW 11
SCOUT'5 HONOR (1980) SERVANTS OF TWILIGHT, THE (1991) SHOW 1199
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SECRET KGB SEX FILES . SHAFT IN AFRICA (1973) SHOWTFME 1199 SECRET PASSION OF ROBERT ClAYTON, SHAKING THE TREE (1991} 5HOWTIME 159 THE (1992) SHAKMA (1990) 5HQWTIME SECRET RAPTURE, THE (1993) 4 SHALLOW GRAVE (1995) 5HPWTIME CHRISTMAS SECRETS OF STREET MAGICIANS FINALLY REVEALE D SHAME, SHAME ON THE BIXSY BOYS (1979) I[/)PJ}lA CLAIMED Ih}ORK'} — 2000
SHOWTIME FOUR SLIM DOW14 .SONICARE TOOTHBRUSH
SHOWTIME OVEN SLIM DOWI'I EXPRESS SON-IN-LAW (1993)
SHOWXMA5 SLIML'IOWhl EXPRESS SO UL TRAlliU
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SKEETER(1994) SOLO BOXED SPM SMC IN ACTION SK E LETON 5 (1997) SOLOMOI'I (1998) SPORT ENTERTAINMENT AWARDS SKIN CARE SOMEBOD'( KILLED HER HUSBAND {1978) SPORT MAGAZINE: SPORT SKIN GAME (1971) SOMIIBSIZE ENTERTAIBIMENT AWARDS
SKYLARK(1993) SOMEBSIZE GET SKINI4Y SPORT TV IYIAGAZINE
SKYSCRAPER(1996) SOMI.THING RIG (1971) SPORTS MAGAZINE
SKYWARD (1980) SOMETIMES THEY COME BACK... AGAIN SPORTS MAGAZ'INE QN TV (1996} SlANDER(1957} SPORTS SLiNDAY SOMliVIERSIZE GI=T SKINNY SLEEPING WITH THE ENEMY (1991) SPRII/G, THE (2000) SONADORAS SLEEPWALKERS (1992) SQ'U/lRE Pl:GS SONIC TOOTHBRUSH SLEUTH (1973) SQUEEZE, I'ME (1987) SONIC UNDEKGI'IOUND 22 MPAA CLAIMED WORKS — 2000
ST. ELMO'5 FIRE (1985) STRANGER WAITS, A (1987) SWEEPER, THE (1996)
ST. HELENS {1981) STRANGER, THE (1994) SWEET LORRAINE (1987)
ST, JUDE'S CHILDREN'S HO5PITAL STREET CRIMES (1992) SWEET TEMPTATION (1996)
ST. JUDE'5 HOSPITAL . STREET KNIGHT (1993) SWINGERS (1996)
ST. JUDE'5 RESEARCH HOSPITAL STREET SHARKS SWISS FAMILY ROBINSON (196D)
ST. JUDE'5: CITY OF HOPE STREET SMARTS SWORD IN THE STONE, THE (1963)
STAKEOUT (1987) STRICTLY BUSINESS (1991) SWORD OF HONOR (1994)
STALKING LAURA (1992) STRIKING DISTANCE (1993) SWORN ENEMIES (1996)
STAND AND DELIVER (1987) STRIP, THE SYLMAR ABS
STAR TREK GENERATIONS (1994) STROKER ACE (1983) SYLMARK INC
STAR TREK: DEEP'SPACE NINE STUPIDS, THE [1996) SYLVESTER & TWEETY MYSTERIES
STAR TREK: FIRST CON'TACT (1996) SUDDENLY SUSAN SYLVESTER IL TWEETY
STAR TREK: THE NEXT GENERATION SUEI7IOS T2 LIVE
STAR TREK: VOYAGER SUMERSIZE GET SKINNY 4 T2TAE BO LIVE
STAR WARS (1977) SUMMER DREAMS: THE STORY OF THE TAE 80 LIVE BEACH BOYS (1990) STARSKY AND HUTCH TAE-BO LIVE OMAHA SUMMER OF '42 (1971) STATIC SHOCK TAI CHI MASTER, THE (1993) SUMMER SCHOOL (1987) STATION WEST (1948) TAILS YOU LIVE, HEADS YOU'E DEAD SUNSET (1988) (1995) STAY TUNED (1992) SUNSET GRILL (1992) TAINTED BLOOD (1993) STEALING HOME (1988) SUNSET PARK (1996) TAKE MY DAUGHTERS, PLEASE (1988) STEAM WIZARD SUNSTROKE (1992) TAKING CARE OF BUSINE55 (1990) STEEL FRONTIER (1995) SUPER BLUE TAKING THE HEAT (1993) STEEL MAGNOLIAS (1989) SUPER BLUE STUFF TALES FROM THE CRYPTKEEPER STEP BY STEP SUPER CHEF TALES FROM TIIC DARKSIDE STEPFATHER 11 (1989) SUPER CHEF KNIFE TALK YOURSELF THIN STEPFORD WIVFS, THE (1975) SUPER CHEF PRO KNIVES TANGO 5 CASH (1989) STEPPING OUT (1991) SUPER SABADO SENSACIONAL TAP (1989) STEVE HARVEY SUPE RCOP (1992) TAQUITO DE OJO STEVE HARVEY SUPERCOP 2 (1'993) TARG ET (19 85) STIM-ii-LURE SUPERGIRL (1984) TAXI STONE COLD (1991) SUPERMAN III (1983) TE SIGO AMANDO STORMY MONDAY {1988) SURPRISE WEDDING TEARS IN THE RAIN (1988) STRAIGHT TALK (1992) SURVIVE THE NIGHT (1993) TEEN CHOICE AWARDS STRAIGHT TIME {1978) SURVIVORS, THE (1983) TEEN FILES: THE TRUTH ABOUT DRUGS STRANGER SUSPICION (1941) TEEN WOLF {1985) STRANGER AMONG US, A [1992) 23 MPAA ClAI IVI ED [hfORKS - 2000.
TEENAGE MUTANT NINJA TURTLES (19!)0) TIME F(UNNIER (1992) TOTAL RECALL (1!990)
TENDER COMRADE (1943) TIME TO DIE,A (1991) TOTALLY AAIIMALS
TENNESSEE TUXEDO 1IN MiEN f1987) TOTALLY AAIIMAI.S 2
TERMINAL JUS FICE (1995) 1'INY TOON ADVENTURES TOUCH OF HOPE, A (1999)
TERMLNAL RUSH (1995) TINY TOON5 TOUCHED BY AN ANGEL
TERMINATOR 2( JUDGMENT DAY (1991 ) TITUS TOWERING INFERNO, THE (1974)
TEXASVILLE (1990) TO DIE FOR (1995) TRAD I IVG MOM (1994)
T-FAL3 TO GRANDAiIOTHER'5 I.IOUSE WE GO TRADIIVG PLACES [1983) (1992) TFAL EXPRESSWARE TRAIN ROBE(EBS, THE (1973) TO MY DAUGHTEIR (1990) T-FAL INGENIQ TRASH OR TREASIJRE TO RACE THE Wl AID (19 SO) T-FORCE (1994) TRAVEL UPCIATE TO TELLTHE TRUTH THAT 70S SHOW TRL'ACHEROUS CROSSING (1992) TO THI= LIMIT [1995) THAT'S LIFE TREES LOUNGE (1996) 1QMA TAN THEODORE REX (1996) TRES MUJERES TOMA'5 TAI'I THERE WAS A CROOKED MAN (1970) TRIAL BY FIRE (1995) TOM BSTON E (1993) THERMOSLIM TRICK OF THE EYE (1994) TONE:2000 THIEF WHO CAME TO DINNER, THE (1973) TRICKS OF THE TRADE (1988) TOO CLOSE FOR COMFORT THINGS TO DO IN DENVER WHEN YOU'IRE TRIMMING AMERICA'S WAISTLINE DEAD (1995) TOP GIJN (1986) TROVE(LE BOUND (1993) THIS LAND IS MINE (1943) TOPPER TROUBLE IN THE GLEN (1954) THIS OLD HOUSE TORSO TIGFR TRU VANTA(SE THIS WEEK IN BASEBALL TOBSCI TIGER 3 PAY TRUCKS (1997) Tl IREE HUNDRED MILES FOR STEPHANIE TORSCI TRAC EXERCISER (1981) TRUE IDENTITY (1991) TORSCI TRACK THREE MEN AND A LI1TLE LADY (1990) TRUE LIES [1.994) 1ORSCI TRACK 3 THREE STEPS NORTH (1951) TRUE STQRI',ES FROM TQUCI-IED BY AN TORSC) TRACK SE(2UE L ANGEL 1HREE STQOGES TORSO TRACK YR 2000 TRUE VANTAGE THREE'5 COMPANY TOTAL GYM TRUTH BEHIND TIVE RUMORS THUNDER POINT [1996) TOTAL GYM 2 TRUTHi BEHINDTIRE SITCOMS THUNDER STICK TOTAL GYM 3000 LON(3 FORM TRUTH'EHIND TIVE SITCOMS 2 THUNDERI IEART (1992) 1 OTAL GYM 99 TRUTI.I BEI.IIND Tl IC SITCOIVIS 3 THUNDERSTICK MIXFR 1OTAL GYM CHALLENGE 'I BUTI-I BEI IIND TIJF. SITCOMS 4 TIGER HEART (1996)
1 OTAL GYM CHAI LENG E 3 TRUTI I BEHIND TIVE SITCQMS 5 TIGER WARSAW [198S) TOTAL GYM CHALLENC E THREE TBUTI"I OR C:ONSEQUENCES, N.M. (1997) TI6 H TROP E (1984) TOTAL GYM CHAl.LENGE TWO TUCKER: THE MAN AND HIS DREAM (1988) TIM (1979) TOTAL GYM SI TURBC)( A POWER RANGERS MOVIE (1997) TIME OF YOUR LIFE
22( I)JIPAA CLAIMED WORKS — 2000
TURBULENCE [1997) UNTOUCHABLES VIVIANA A LA MED)ANOCHE
TURNER & HOOCH (1989) UNTOUCHABLES, THE {3987) VOODOO (1995)
TV GUIDE AWARDS UPDATED RS BOWFLEX VOW TO KILL, A (1995)
TV'5 FUNNIEST GAME SHOW MOMENTS URBAN COWBOY (1980) VOYAGE OF TERROR (1998)
TWENTY ONE V.l. WARSHAWSKI (1991) VOYAGE OF TERROR: THE AC[ IILLE laURO AFFAIR {1990) TWIN WARRIORS (1993) V,I,P, VOYAGER (1991)
TWO OF A KIND [1982) . V2 CLOCK VP SNORENZ TWO WORLDS OF JENNIE LOGAN& THE VAC CAN (1979) W.B., BLUE ANDTHE BEAN [1989) VALLEY GIRL (1983) U.S. FARM REPORT WAGNER PAINTMATE 89.95 VALUE AMERICA U.S. OLYMPIC GOLD WAGNER POWER PAINTER VANISHING WILDERNE55 (1974) UFOSI THE BEST EVIDENCE CAUGHT ON WAIST 219 TAPE 2 VAP-CM3 . WAITING FOR THE LIGHT (1990) ULTERIOR MOTIVES (1992) VENGEANCE [1986) WAKKO'S WISH (1999)
. ULTIMATE BETRAYAL (1994) VENTURE MEDIA WALKING TALL (1973} ULTIMATF PIZZA OVEN VERNON JOHNS STORY, THE (1994) WALL STREET JOURNAL REPORT UN BAUL LLENO DE MIEDO VERO MAX WAR AT HOME, THE (1996) UN CORAZON PARA DOS VERSION S00 WAR BETWEEN THE TATES, THE (1977)
UN HOMBRE LLAMADO EL DIABLO VE R5I ON
WAR OF THE ROSES& TIIE 700'ERSION (1989) UNA PAPA SIN CATSUP 801 WARLORDS (1987} UNAIJTHORIZED: BRADY BUNCH THE FINAL VERY BRADY CHRISTMAS, A (1988) DAYS WASHBALL FREE VICE VERSA (1988) UNBREAKABLE AUTOLOCK WATERMELON MAN (1970) VICTIM OF LOVE (1991) UNCLE WAS A VAIVIPIRE (1959) WAY WE WERE, THE {1973) VLCTORIA JACKSON UNCONQUERED (1989} WAYANS BROS. VICTORIA JACKSON COSMETICS 6 UNDER CAPRICORN (1949) WCW WORLD WIDE WRESTLING VIEJO ZORRO UNDER CAPRICORN (1982) WE LOVE LUCY VILLAGE TALE (1935) UNDER THE HULA MOON [1995) WEAREvER ALLEGR0 VILLAIN, THE (1979) UNDLR TI.IE INFLUENCE [1986) WEB TV VINA DEL MAR UNDERCOVER ANGEL (1999) WEB TV 7 VIOLATION OF TRUST (1991) UNDERDOG w EB Tv cLasslc VIRTUAL NIGHTMARE (2000) UNDERTOW (1996) WEEDS (1987) VIRTUAL SEDUCTION [1995) UNDERWORLD (1996) WELCOME To SPRING BREAK (1989) VIRUS (1995) UNHAPPILY EVER AFTER WE'E TALKIN'ERIOUS MONEY (1993) VISIONS (1996) UNHOLY, THE (1988) WES CRAVFN'5 NEW NIGHTMARE (1994) VITAL BASICS UNITED STATFS AIR SHow WEST SIDE WALTZ, TI.IE (1995) VITALSIGNS (1986) UNIVERSAL SOLDIER (1992) WE'E NEVER BEEN LICKED (1943) VITAL SIGNS [:I 990) 25 IVIPAA CI.AIIIJIEO WORKS- 2000
WHATABOUT 8087 (1991) 'WILD. WILD WEST WORLD'5 MOST INCREDIBLE ANIMAL RESCUES 3 VVHAT EVER HAPPENED TO BABY JANE? WILDiCATS (1986) (19») WORl.D'5 RIASTIEST NEIGH BIO RS WILDER NAPALM (1993) WHAT'S EATING GILBERT GRAPE (1993] WORLD'5 UUILDEST POLICE VIDEOS WILDERNESS FAMILY, PART 2, THE (1978) WHAT'5 HAPPENING NOWI 'WORTH WINNING (1989) WILDFIRE {1988) WHAT'S HAPPENING! WRAITH, TIVE (1986) WIND (1992) WHAT'5 UP, DOC? (1972) WYAJT EAflP (1994) WINDWALKER (198D) WHEEL OF FORTUNE WYA)T EARP: RETURN TO TOMBSTONE WINGS (1994) WHEN ARE YOU COMING BACK, RED RYDER? (1979) WINIVER, Tl IE {1996) X-FILES
WHEN HARRY MET SALLY (1989) WINTER CELEBRITY SPORTS INVITATIOI'JAL X-MEIV
WHEN HELL WAS IN SESSION (1979) WINTER SP'ORTSCAST X-MEN: EVOLUTION
WHEN THE PAR IY'5 OVER (1992} 'WINTER SPORTS(?AST II :K-MEIV: THE MUTANT WATCH
WHERE ON EARTH IS CARMEN SANDIEGO7 'WINTER SPORTSCAST ill I I I I kXL FIIJREMANEELY GRILL
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WHITE MEN CAN'T JUMP (1992) 'WITH SIX YOU GET EG( ROI L 0968) YEARLING, THE (1994)
WIIITE SANDS (1992) WITH STYLE. YQ, Tl), ELOTRO
WHITE TIGER (1996) WITH TERS RING YOUNG AMERICANS
WHO FRAMED ROGER RABBIT [1988) WITIIOUT HER CONSEIVT (1990) YOUNG AMERICANS
WHO GETS THE FRIENDS? (1988) WKRP IN CINCINIVATI YOUNG AND FREE (1978)
MULTI- WHO WANTS TO MARRY A 'WOMEN AT RISK YOUNG GUIVS II (1990) MILLIONAIRE?
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...AT FIRST SIGHT (1995) ACADEMY AWARDS PREVIEW AL FIN DE SEMANA
10 TO MIDNIGHT (1983) ACCESS HOLLYWOOD ALADDIN (1992)
100 AB ACCIDENTAI. MEETING (1994) ALADDIN AND THE KING OF THIEVES f1996)
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ADVENTURES OF FORD FAIRLANEp THE ALIEN NATION (1988) 3 NINJAS (1992) (1990) ALIENATORS: EVOLUTION CONTINUES 39 STEPS, THE (1959) ADVENTURES OF KIT CARSON ALL DOGS CHRISTMAS CAROL, AN (1998) 39 STE PS, THE (1978) ADVENTURES OF PRISCILIA, QUEEN OF THE DESERT, THE [1994) ALL DOGS GO TO HEAVEN (1989) 3RD ROCK FROM THE SUN ADVENTURES OF SHERLOCK HOLMES, THE ALL IN THE FAIVIILY 6 WEEK BODY MAKEOVER {1939) ALI. MADDEN TEAM 7 DAYS ADVENTURES OF SONIC THE HEDGEHOG AI.LSOULS 7TH HEAVEN AERO BED ALLAN QUATERMAIN AND THE LOST CITY A QUE NO TE ATRFVESP AERO EXTRA BED IN A MINUTE OF GOLD (1987)
AB AWAY PRO AFRO IMAGINAIR ALLEGRO COOKWARE
AB AWAY AERO JUMP ALLEGRO
AB DOLLY AFI UFE ACHIEVEMENT AWARD: A TRIBUTE ALLY MCBEAL TO BARBRA STREISAND AB DOLLY PLUS ALMOSF DEAD {199 I) AGAINST HER WILL: AN INCIDENT IN BALTIMORE AB ENERGIZER (1992) ALMOST PERFECT BANK ROBBERY, THE (1996) AGAINST THE ODDS AB LIFTER PLUS ALONE IN THE DARK (1982) INST THEIR WOMEN IN PRISON AB ROCKER AGP WILL: (1994) AMDEN AB SLIDE Al II VIENE VERONICA (1999) AMEN AB TWISTER 2 AIR AMERICA (1990) AMERICA: A TRIBUTE TO HEROES AB TWISTER AIR CORE AMERICA: UN TRIBUTO A LOS HEROES AB-DOER AIR SPEED (1998) AMERICAN ADVENTURER ABFRRATION (1998) AIR UP THERE, THF. (1994) AMERICAN ATHLETE, THE ABRAZAME MUY FUERTE AIRCORE AMERICAN BORN (1990) ABSLIDE AIRF. CORE 10 AMERICAN CYBORG: STEEL WARRIOR ABSOLUTE STRANGERS (1991) (1994) AIRE CORE SHOW ABTRONIC FITNESS AMERICAN DREAM A!RE CORE ABTRONIC AMERICAN HEJ RT [1992) AL DERECHO Y AL DERBEZ ABTRONICS AMERICAN MARKETING SYSTEMS 27 IVIPAA CLAIMED WORKS — 2001
AMERICAN NINJA 5'(1995) APEX CREATIVE AUSSIE WII.D
AMERICAN SKJ CLASSIC APEX MEDIA AUSTIN POWFREK INTERNATIONAL MAN OF MYSTERY (1997) AMERICAN STORY, AN (1992) APPOINTMENT FOR A KILLING (1993} AUTCI CLUB 300 AMERICAN WEREWOLF IN PARIS, AN AQUI Y AHI3RA (1997) AUTO LOCI( PRO ARACHNOPHO BIA (1990) AMERICAS BESTSMC AUTCI LOCI& ARMED FOR ACTION (1992) AMERIca'5 DEsT sMc AUTCJLOCK PRO 2 ARREST & TRIAL AMERlca'5 BEST AUTOLOCK. ARRESTAN'DTRIAI. AMERICA'5 FUNNIEST HOME VIDEOS AVALANCI.IE (1999) SALUTE TO BONEHEADS ARTHUR 2: ON THE ROCKS (1988) AVALON: BEYOND THE ABYSS (1999) AMERICA'5 FUNNIEST HOME VIDEOS AS GOOD AS DEAD (1995) AWAKENINGS (1990) AMERICA'5 MOST WANTED PRESENTS— ASESINO DEL N)ETRO (1991) JUDGMENT NIGHT: DNA THE ULTIMATE AWESOME ADVENTURES TES ASPEIN EXTREME (1992) AXIS 14ELP AMERICA'5 MOST WANTED: AML RICA ASSASSINATION (198/) FIGHTS BACK AXIS IVIARKETING ASSALJLTAT WEST POJN1: THE COURT- AMERICA'5 MOST WANTED: TERRORISTS-- MARTIAL OF JOJ INSON WHITTAKER (1994) AXI5 A SPECIAL EDITION ASSEI'ENONTVPC,(.OM B AND T RocKFR AMI GAS Y RIVALES ASSIGNMENT, TIJE(1997} BABE WINKELMAN'5 GOOD FISHING AMITYVILLE DOLLHOUSE (1996) AT CLOSE RANGIE (1986) BABE WINKELMAN'S OUTDOOR SECRETS AMOROSOS FANTASMAS (1993) AT FIRST SIGHT (1999',I BABES IN TOYLAND (1986) AMOS IJ. ANDREW (1993) AT HOME 'WITH TI IE WFBBL'RS (1993} BABY OF THE BRIDE (1991) ANANOA I.EWIS S»OW, T»E
AT WAR WITH Tl~ E ARMY (1950) BaBY, 175 YOU (1983) AND GOD CREATED WOMAN (1988)
ATHELON EI GIG BABYcaKES (1989} ANDRE (1994) ATHLON 1.2 GIG BABYSITTER'S SEDUCTION, THE (1996) ANDROMEDA
ATHLON 1 4 GHZ BACK FLEX ANDY GRIFFITH SHOW, THE ATHLON 1.4 G(G BACK IN BIJSINESS (1997) ANGEL AND THE BADMAN (1947)
ATHLON 1700 BACK BEAT (1994 } ANGEL FACE (1953) ATHLON PC BACKSTREET DREAMS (1990) ANGEL ON MY SHOULDER (1946,'I
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GORDY (1995) GUYANA, CUI.T OF THE DAMNED (1980) HAVEN
GORGO (1961) GUYVER 2: DARK HERO (1994) HAWAII FIVE-0
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GINCE UNDER FIRE GYM CHALLENGE HAWK'5 VENGEANCE (1997)
GRAMMY PREVIEW GYM FIT HCM POWERHOUSE
GRAN FIESTA DE ACAPULCO HABIA UNA VEZ UNA ESTRELIA (1989) HEADLINE NEWS
GRANDIVIA GOT RUN OVER BY A REINDEER HAIR CLUB FOR MEN HEADS {1994)
GREASE (1978) HAIR CLUB HEAR MY 5ONG (1991)
GREAT AMERICAN 5EX SCANDAl, THE HAIR l055 ANSWERS HEARTLAND COUNTRY (1990) HAIR LOSS OPTIONS HEARTLAND MUSIC GREAT BALLS OF FIRE! {1989} HAIR LOSS UPDATE HEARTIAND GREAT MOM SWAP, THE(1995) HAIR LOSS HEAT (1987) GREAT WHITE HYPE, THE (1996) HAIR H EATSFF KER (1995) GREEN PROMISE, THE (1949) HALLOWEEN: THE CURSE OF MICHAEL HEAVY GEAR GREENSTONE S. CO. MYERS (1995) HEIST, THE (1996) GREENSTONE GUITAR HAND THAT ROCKS THE CRADLE, THE (1991) HELL BOUND (1957) GREEN5TONE HANGFIRE (1991) HELLBOUND (1993) GREMLINS 2: THE NEW BATCH (1990) HANGIN'ITH MR. COOPER HELLRAISFR: BLOODLINE (1996) GRIDLOCK'D (1997) HARD PROMISES (1991) HELLRAISER: INFERNO (2000) GRILLTO GO HARD TO KILL (199D) HERCULES (1959) GRIND (1996} HARD TRUTH, THE (1994) HERCULES IN NEW YORK (1970) GROSSE POIMTE HARDWARE {1990) HERO (1992) GROUNDED FOR LIFE HARLEM GLOBETROTI ERS — 75TH HERO AND THE TERROR (1988) GROUNDHOG DAY (1993} ANNIVERSARY GAME HEXED (1993) GUARDIAN ANGEL (1994) I.IABRAI.I'5 500 HIGH SCHOOL HIGH (1996) GUILTY AS CHARGED (1991) HART TO HART (1979) HIGHER AND HIGHEB (1943) GUILTY AS SIN (1993) HART TO I IART RFTURNS (1993) HUO DE LAMBERTO QUINTERO (1990) 37 )TNPAA CLA!MED WORK5 — 2001
HIS GIRL FRIDAY (1940) HOUND OF THE ITASKERVILLES, THE (1939) IMAGES OF 1999; A YEAR INI REVIEW
H I SPAN ICS TODAY HOUS E IN THE Hl LLS, A (1993) llMAGINE: JOHN I.ENNON (1988)
HISTERIAI HOUSE OF EXORCISM, THE(1975) IN COUNTRY (1989)
HISTORY OFTHE WORLD: PARTI (1981) HOUEIE OF SECRE'TS AND LIES, A (1992) IN CROWD, THE (1988)
HIT AND RUN (1982) HOUSE ON SORCIRITY ROW, THE I',1982) 'IN CROWD, THE (7000)
HIT AND RUN (1997) HOUSE PARTY (1990) IN HIS FATI-IER'S SHOES (1997)
HIT LIST (1989) HOUSECALLS CN LOVE AND WAR (1596)
HOCUS POCUS (1993) HOW STELIA GOT HER GROOVE BACK IN SEI.F DEFENSE (1987) (1998) HOGAN'5 HEROES IN THE ARMY NOW (1994) HOW THE GRINCH STOLE CHRISTIT4AS HOLIDAY AFFAIR (1949) 'IN THE DEEP WOODS (1992) HOWARD STERN RADIO SHOW THE HOLIDAY CELEBRITY 5PORTS INVITATIONAL IN THE HEA'C OF THE NIGHT HOWLING IV: THE ORIGINAI. NIGHTMARE HOLIDAY CELEBRITY SPORTS SPEI TACULAR (1988) IN THE HOLJSE
HOLLYWOOD CFLEBRITY DIET HUGHLEYS, THE IN THI= MOIJTI I C)F MADNESS {1995)
HOLLYWOOD CHRISTMAS PARADE HUG() POOL (1997) IN THI! NAME OF LOVE: A TEXAS 'll'RAG 8DY
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HONEY, I BLEW UP THE KID (1991'?) ICE (1994) INSPECTOR GENERAL, THE (1949) HONEYMOON IN VEGAS (1992) IDEAL HEAILTH INSPECTORS, THE (1998) HONEYMOONERS IF THE SHOE FIT!i (1991) INSTANT JI.ISTICE. (1987) HOOK {1991) IF YOU KN[W SUSIE (1948) INTERNAL AFFAIRS (1990) HOOP DREAMS (1994) IKE: THE WAR YEARS (19/8) INTERNET SECRETS HOOSIERS (1986) I'L DO ANYTHING (1994) INTEI'IVIEW WITH THE VAMP)RE (1994) HORSE FOR DANNY, A (lggS) I'M GONNA GFT YOU SUCKA {1988) INTRUSA HOT BOY Z (1999) IMAEiENCS Df lhtlPACTCJ INVADERS IFROMI MARS (1953) HOTTICKET IMAEiES 2000: A YEAR IN REVIEW INVAI3ERS IFROMI MARS (1986) HOTEL DE LOVE (1996] IMAGES 2001: A YEAR IN REVIEW INVASION I'ORCE (1990) 38 MPAA CLAIMEO WORKS — 2001
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39 IVIPAA CIA)II//IED WORK!I — 200k
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NOTICIERO UNIVISION ONE TOUGH BASTARD (1995) OXYCLEAN
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PENNY SERENADE (1941) PERRY MASON: THE CASE OF THE RECKLESS PIRANHA (1978) ROMEO [1992) PENTATHLON (1995) PIRANHA (1995) PERRY IVIASON: THE CASE OF THE PENTHOUSE, THE (1989) RUTHLESS REPORTER (1991) PJS, THE
PEOPLE'5 COURT, THE PERRY IVIASON: THE CASE OF THE PLACE FOR ANNIE, A (1994) SCANDALOUS SCOUNDREL (1987) PEPPER ANN PLAGUE, THE (1992) PERRY MASON.'HE CASE OF THE PERFECT (1985) SHOOTING STAR (1986) PLANES, TRAINS AND AUTOMOBILES (1987) PFRFECT BRIDE, THF. (1991) PERRY MASON: THE CASE OF THE SILENCED SINGER (1990) PLANET OF THE APES: RULE THE PLANET PERFECT LIFT PERRY CASE MASON: THE OF THE SINISTER P LAN ETA U SPIRIT (1987) PERFECT MATCH PLATOON LEADER (1988) PERRY MASON: CASE OF THE SKIN- PERFECTWOMAN THE DEEP SCANDAL (1993) PLATO'5 RUN (1997} PERRY MASON RETUFINS (1985) PERRY MASON: THE CASE OF THE TELL- PLAY GUITAR TALF. TALK SHOW HOST (1993) PERRY MASON: THE CASE OF THE ALL-STAR ASSASSIN (1989) PLAY IT AGAIN, SAM (1972) PERRY MASON
PERRY MASON: THE CASE OF THE PLAYERS CLUB, THE (1998) PERSONAL POWER 6 AVENGING ACE (1988) PLAYING GREAT GUITAR PERSONAL POWER 8 PERRY IVIASON: THE CASE OF THE DEFIANT DAUGHTER (1990) PLAYING GUITAR PERSONAL POWER PERRY MASON: THE CASE OF THE PLAYMATES (1972) DESPERATE DECEPTION (1990) PERSONS UNKNOWN (1996) PLAZA SESAMO PERRY MASON: THE CASE OF THE FATAL PEST OFFENSE 2000 FASHION (1991) POBRE DIABLA PEST OFFENSE PERRY MASON: THE CASE OF THE FATAL PQCONQ 500 FRAMING (1992) PET SHOP POINT BREAK (1991) PERRY MASON: THE CASE OF THE GLASS PHAEDRA (1962) COFFIN (1991) POISON IVY II: LILY (1996) PHANTASM [1979) PERRY MASON: THE CASE OF THE POISON IVY: THE NEW SEDUCTION (1997) HEARTBROKEN BRIDE (1992) PHANTOM OF THE OPERA, THE (1925)
POKEIVION;!OHTO LEAGUE CHAMPIONS PERRY MASON: THE CASK OF THE KILLER PHANTOM OF THE OPFRA, THE (1962} KISS (1993) POKEMON: THE IOHTO IOURNEYS PHASE 4 ORTHO PERRY MASON: THE CASE OF THE LADY IN POKEMON THE IAKE (1988) PHASE 4 ORTHOT)CS
POLICE STORY (1985) PERRY MASON: THE CASE OF THE LETHAL PHASE 4 V.18 LESSON (1989) POLICE STORY: BURNOUT (1988) PHASEII PERRY MASON: THE CASE OF THE LOST POLICE STORY: COP KILLERS (1988) LOVE (1987) PHASEIV ORTHO
POLICE STORY: GLADIATOR SCHOOL PERRY MASON: THE CASE OF THE PHILCO MUSIC SYSTEM (1988) MALIGNED MOBSTER (1991) POLICE STORY: MONSTER MANOR PHILCO MUSIC (1988) PERRY MASON: THE CASE OF THE MURDERED MADAM POLICE STORY: THE WATCH COMMANDER (1987) PHOENIX THE WARRIOR (1988) (1988) PERRY MASON: T?IE CASE OF THE MUSICAL PICA Y SE EXTIENDE MURDER (1989) POLICE STORY PICARDIA MEXICANA PERRY MASON: THE CASE OF THE POLICE VIDEOS NOTORIOUS NUN (1986) PINK CADILLAC (1989} POLTERGEIST (1982) PERRY MASON: THE CASE OF THE PINQCCHIO'5 REVENGE (1996) PQ)SONED PEN (1990) PONTIAC MOON (1994) MPi)IA CLA)MED WORKS — 2001
POPEIL INVENTIONS PRIMER AMOR PROCiRAM, THE (1993)
POPSTARS 2 PRIMER AMOR: TRES ANDS DESPUES PROMISE TO KEEP, A (1990)
PQPSTABS PRIMER Ih/IPACTO EDIC)ON ESTELAR PAQI'ITO (1997)
POPULAR MECHANICS FOR KIDS PRIMER IIVIPACTO EXI RA PROPOSITION, THE (1997)
POPULAR PRIMER IIVIPACTO: EDICIQPI ESPECIAL PROPRIETOR, TFIE [1996)
PQR UN BESO PRIMER Ih/IP*CTO PROSTAONG
PQRTRAIT5 OF A KILLER (1996) PRINCE AND THE PAUPER, THE (1978) PRO'JEIN POWER
POSSE (1993) PRINCE OF TIDES, THE (1991) PBOTOCOI (1984)
POWER 90 PRINCESS ANDTHE CABBIE, THE {1981) PSYCHIC (1991)
POWER JUICING PRINCIPAL SECRIET 8 PUBLIC ENI":MIES (1995)
POWER OF ATTORNEY PRINCIPAL SECRIET PULSIE
POWER OF JUICE PRINCIPAL SECAIET-5 PUMP A HEI SEAL
POWER OF JUICING SHOW 11 PRISIVI AWARDS PUMP UP 1HE VI3LUME (1990)
POWER OF JUICING PRISON QF SECRETS (:1997) PUMPKINHEAD II: BLOOD WINGS (1994)
POWER OF ONE, THE(3992) PRO AB PUNISHF R, THE {1990)
POWER PASTE PRO ACTIVE 4 PUPPET MASTER (1989)
PRACTICE, TI IE PRO ACTIVE 5 PURE COUNTRY (1992)
PRANCER (1989) PRO ACTIVE PURE DAN(iER (1996)
PRANK ATTACK PRO BUN AND THIGH PURSUIT TO ALGIEAS (1945)
PRAY FOR THE WILDCATS (1974) PRO liRILL PUTTING INSTRUCTOR
PRAYING MANTIS (1982) PRO STRONG P W19/P OWE R 90
PRAYING MANTIS (1993) PRO TOOL RFTAIL QUADBA 2000
PRECIO DE TU AMOR PRO-ACTICIN SOILUTIQNS QUADRA VS
PREDATOR (1987) PRQACTIV 4 QUADRA V6
PREHISTORIC WOMEN ('1967) PROACTIV 5 QUADRA
PREMIOS EL HERALDO 2001 PROACTIV 6 QUE 13ODAS
PREMIOS ERES PROACTIV FOUR QUE IVOS PASA
PREMIOS FURIA MUSICAL PROACTIV SOLUTIONS QUE E N LATIFAI.I
PREMIOS TV Y NOVELAS PRO/ICTIV QUEE N OF SWORDS
PREPPIE MURDER, THE (1989) PAQACTIVI.: FOUR QUEENS LOGIC (1991)
PRESUIVIED GUILTY (1991) PRQACTIVI SQLIJTIQN 5 (2UfsT FQFI THE RING
PRESUMED INNOCENT (1990) PROACTIVI: SOLIJTIONS 5 auEST II
PRETENDER, THE PROACTIVI= SOLIJTIQNS FOUR QUICK CHANGE (1990)
PRETTY IN PINK (1986) PROACTIVI= SOLIJTIONS QUICK COOKER
PRETTY POISON (1996) P 8 OAC TIV QU1613O SER ESTRELLA I'ROFILER PRETTY WOMAN (1990) QUIET MAN, THE (1952) IVIPAA CLAIMED WORKS — 2091
R lk 8 CLASSICS REBA RESTORE FOUR THREE PAY
RRB REBECCA'5 GARDEN: KIDS IN THE GARDEN RESTORE FOUR
R.S.V.P (1992) REBECCA'5 GARDEN: PLANTING COLOR IN RESTORE WITH SUPER512E THE GARDEN R2 CARSON RESTORE RFBECCA'5 GARDEN RACE FOR YOUR LIFE, CHARLIE BROWN! RETURN OF MICKEY SPILLANE'5 MIKE (1977) REBEL (1985) HAMMER, THE (1986)
RADIANT HEALTH REBEL RETURN OF THE CHAMPIONS
RAGE (1995) RECESS RETURN TO MAYBERRY (1986)
RAGE AND HONOR (1992) RECKLESS MOMENT, THE (1949) RETURN TO THE BLUE IAGOOI4 (1991)
RAGE AND HONOR 8: HOSTILE TAKEOVER RED BLUE SOLARIS REVANCHA DE MUJER (1995) (1993) RED FURY, THE (1984) REVENGE(1990) RAGE TO KILt. (1987) RED HEAT (1988) REVENGER, THE (1990) RAGTIME {1981) REDEMPTION, THE (1995) REVENGERS, THE {1972) RAISED AEROBE D REDLINE (1997) REVISED GRILL2 GO RAISING DAD REEBOK FREE RISK REVISED JAKE V3 RAMBO III (1988) REEBOK RISK FREE REVISED JAKE RAMBO: FIRST BLOOD (1982) REFLECTIONS OF MURDER (1974) REVOLUTION TOOL RAMBO: FIRST BLOOD PART II (1985) REIVERS, THE (1969) RHYTHM AND BLUES RAMONA REJUVENIQUE 2 RICH DAD, POOR DAD: YOU CAN CHOOSE RANDY RIDES ALONE (1934) TO Bf RICH REJUVENIQUE SHOW RAPID FIRE (1989) RICH DAD REJUVENIQUE RAPTURE (1992) RICHARD SIMMONS RELENTLESS III (1993) RAPTURE, THE (1991) RICKI LAKE RELIANT WONDER RATINGS GAME, THE (1984) RIDER ON THE RAIN (1970) RELIANT RAVEN (1996) RIDERS OF DESTINY (1933) RELIC HUNTER RAW DEAL(1986) RIFI.EMAN REMARKABLE JOURNEY RAW NERVE (1991) RING OF FiRE II: BLOOD AND STEEL (1992) RENDEZ-VIEW RAWHIDE RIO LOBO (1970) REPLACEMENT KILLERS, THE ('1998) RAY ITO DE LUZ RIOT (1996) REPUBLICA DEPORTIVA REACH THE ROCK {1998) RIPLEY'5 BELIEVE IT OR NOT! RESCUE FROM GILLIG'AN'5 ISLAND (1978) REAL ADVENTURES OF JONNY QUEST RISK FREE TIGER RESCUE HEROES: GLOBAL RESPONSE TEAM REALTY Rl V E R NIGE R, TH E (1976) RESTORE 3 FOR FREE
REAL WORLD I RIVER RAT, THE (1984) RESTORE 4 4 REAL WORLD II ROAD HUSTLERS, THE (1968) RESTORE 4 SUPER SIZE REAL WORLD III ROAD TO THE ACADEMY AWARDS RESTORE 4 SUPER STORE REAL WORLD ROAD WARIIIOR, THE (1981) RESTORE 4 REALITY TV'S FUNNIEST IVIOMEHTS ROBIN ltOOD (1.991) RESTORE FOR FREE 47 )II)) PAA Cl&(MED WORKS — 200'1
ROBIN HOOD: PRINCE OF THIEVES (1991) ROTISSERIE 8! BBQ SANTA CLAUS CONQUERS THE MARTIANS (1964) ROBOCOP (1987) ROTO ZIP SF'IRAL SAW SANTA FE (1997) ROCK-A-DOODLE (1992) ROTO ZIP SARAI.INA! (1992) ROCKER 8 ROTOZIP SAW SCANI4ERS (1981) ROCKET CHEF 2 FOR 1 RQTOZIP SPIRAL.'iAW SCARLET CIAW, TIIE (1944) ROCKET CHEF 2 ROYAI.WEDDING (1951) SCARLET LETTER,, THE (1995) ROCKET CHEF ROYCE (1994) SCARLET PIMPEFINEL, 'THE {1935) ROCKETEER, THE (1991) RUBDOWN (1993) SCARRED CITY (1998) ROCKY V (1990) RUBY.IEAN AND JOE (1996) SCHEMES (1995) RODEO FIUDY (1993) ')CHOOL DAZE (1988) ROLL IMC TIG ER FIUMBLE IN THE BRONX (1995) SCORPION SPRING (2995) RON HAZELTON'5 HOUSE CALLS FIUMOR OF WAR, A (1980) SCOUPS HONOR (1980) RONCQ FOOD 2 PAY FIUNAWAY TRAIN (1985) SCREAM (1!396)
RONCO FOODS FIUN NING Vl/ILD ( (995) .'!CREAM 2 (1997) RONCO INTERNATIONAL FIUSH HOUR (1998) SCROOGE (1935) RONCO INVENTIONS RUSH WEEK (1989) SCROOGE (.1951) RONCO PASTA FIUSSIA HOLISE, TIVE (1!390) SEALED WITH A KISS (1996) RONCQ ROTISSERIE RYDER CUP SEARCHING FOR BOBBY FISCHER I',1993) RONCQ SHOW 1299 SABADO GIGANTE SECRET ADVENTURES OF JUILES Vl RNE RONCQ SHOW 4 SABRIIVA GOES TO ROME {1998) SECRET RAF'TUBE THE (1993) RON CD SHOW CHRISTMAS SABRIIVA, DOWN UNDFR (1999) «;ECRETO DE AM(7R RONCO SHOW SABRINA, THE ANIMATED SERIES SECRETS OF MAKING MONEY RONCO 5HOWTIME 3 SABRIIVA, THE TEENAGE WITCH «ECRETS TO MAKING MONEY ON tHE RONCO SHOWTIME 4 SAGE 8,RUSH TRA)L (1933) INTERNET
RONCO SHOWTIME ROTISSERIE 8«BBQ SAILOR MOON SECRETS TCI MAKING MONEY
RONCO SHOWTIME SALLY SECRETS TO PLAYING GREAT GUITAR
RONCO ST 100 «iALON MFXICO (:l995) SECRETS TCI PLAYING
RONCO ST100 SALTON MAXIM SECRETS: IVIAKING MONEY
RONCO SAMURAI JACK 'iECRETS
ROOFTOPS (1989) SANFORD AND SON SF DUCE D AND BETRAYED (1995)
ROOKIE, THE (1990) SANSONE 39 'F DU('ED BY EVII (1994)
ROOM SERVICE (1938} "ANSONE IIV-HOME ;(8 YOU IN TIFF IVIORKIING (1989',I
ROSEANNE SANSONE WALK)IVG 'iEEDS OF DECEPTION (1994)
ROSIE 0'OONNELL SANTA AND THE THREE BEARS (19 i'0) SEINFELD
ROSWELL (1994) SANTA SELECCA SOL 9 BABY'iANTA ROSWELI. CLAUS (1985) SELLE(M SOLUTION-II MPAA CLA(IVIED WORKS — 200'1
51X WEEK BODY MAKE OVER SELLECA SOLUTIONS TWO SHERLOCK HOLMES IN WASHINGTON (1943) SIX WEEK BODY MAKEOVER SELLECA SOLUTIONS SHE'5 THE ONE (1996) SIX WEEKS TO BODY MAKEOVER 5ELLECCA 8 SHINE (1996) SKEETER SELLECCA SOLUTION 2 (1994) SHIPMATES SKELETONS SELLECCA SOLUTIONS (1997) SHOCKING POLICE VIDEOS SKYIARK 5ELLECCA (1993) SHOW 1199 SENSACIONALISIMO SLAM MAN SHOW 2000 SLEEPING WITH THE ENElvlY SEPARATE LIVES (1995) (1991) SHOW 2001 SLEEPWALKERS SERAFIN (1992) SHOW CHRISTMAS SLICE BASIC SET IT OFF (1996) SHOW XMA5 EXPRESS SEVEN (1995I 5LIMDOWN SHOWDOWN (1993) SEVENTH COIN, THE (1993) SMALLVILLE SHOWTIME 1199 SMASH-UP, THE STORY OF A WOMAN SEX AND'THE OTHER MAN (1995) SHOWTIME AT THE APOL'LO (1947) SEXWARS SHOWTIME CHRISTMAS 5 MC E-COM REVIS E D SHAFT IN AFRICA (1973) SHOWTIME ROTISSERIE SMC IN ACTION SHAKING THE TREE (1991) SHOWTIME SMC KEV)NS REMEDY SHAKMA (1990) SIBLING RIVALRY (1990) SlvlC LAVINES SHALIOW GRAVE (1995} SICILIAN CLAN, THE (1969) 5MC SEARCH TRUTH SHARK RIVE R (1954) SICILIAN CODE (2000} 5MC USA SHOW SHARK STEAM SICILIAN, 1HE (1987) SMC SHARPER IMAGE: IONIC BREEZE SIEMPRE TE AMARE 5MCTV SHARPER IMAGE SILENCE OF THE LAM BS, THE (1991) SNEAK PEEK SHAT[ERED (1991) SILENCERS, THE (1996) SNIPER (1993) SHATTERED IMAGE [1994} SILENT HUNTER (1994) SNORE FIX SHE WORE A YELLOW RIBBON (1949) SILENT PARTNER, THE (1978) SNOWBOUND: THE JIM AND JENNIFER STOLPA STORY (1994) SHE-DEVIL (1989) SILVERADO (1985} SNOWS OF KILIIVIANJARO, THE 5HEENA (1952) SIMPSONS, THE SODBUSTERS SHERLOCK HOLMES AND THE HOUSE OF (1994) FEAR (1945) 51 MPSONS SOL 4 SOLARIS SHERLOCK HOLMES AND THE PEARL OF SINGER 2001 DEATH (1944) SOL550L 5 IN 6 1 ES (1992) SHERLOCK HOLMES AND THE SPIDER SO[. SOLARIS WOMAN (1944) SINNERS (1989) SOL THREE SQLARIS SHERLOCK HOLMES AND THE VOICE OF SINVERGUENZA PERO HONRADO TERROR (1942) SOLAR CRISIS (1990) SISTER ACT (1992) SHERLOCK HOLMES AND IHE WOMAN IN 50[ARIS 3 PAY GREEN (1945) SISTER ACT 2; BACK INTI-IE HAB'IT(1993) SOLARIS CIRCLE CUTTER SHERLOCK HOLMES FACES DEATH (1943} SISTER, SISTER SOLARIS SOL 4 SHERLOCK HOLMES IN THE 22ND CENTURY SIX DEGREES OF SEPARATION (1993) 49 (VIPAA CLAtbllED WO'RKS — 2001
5OLARIS SOL 5 SPLIT IMAGES (1992) .'iTATIC SHOCK
SOLARIS SPM lhCTION ANYTIME !iTAY TUNEI3 (1992)
SOLDIER (1998) SPM NEIGHIBORHOOD 5MC !iTEALING HOME (1988)
SOLE SURVIVOR (2000) SPM!iMC JIV ACTION .'iTEAA4 QUADRA 30 VERSIOIY 3
SOLO BOXED SPM !)TEEL FROhITIER (1995)
5OLOMDN (1998) SPQRESMAN'S DREAMKKRVES .'iTEEL MAG NOLIAS (1989)
SOMEBODY IS WAITING (1996) !iQUANTQ: A WARRIOIR'S TALE (1994) STEP (IY STE'P
SOMETHING B)G [1971) SQUEEZE, THE (1987) STEPFATHEIR II (1989)
SOMETIMES TFIEY COME BACK... AGA!IV SST: CIEATHI FLIGHT (1977) ' ' 'TEVE HARVEY SHOW, THE (1996) ST. CHITOSQL STIM-IJ-LUI",E SOMMERSBY (1993) ST. I lf:LENS (1981) STORhi!Y MIDNDAY (1988) SON OF KONG (1933) ST. JUDE STRAIGHTTALK (1992) SONICTOOTHBRUSH ST. JUDE'5 CHILDREN'5 HOSPITAL STRANGE LOVE OF MARTI IA IVERS, Tl&r SONIC UNDERGROUND (1946) ST. JUDES CHILDIREN'5 RESEARCH SON-IN-LAW (1993) STRAhlGER AMONG US, A (1992) !iT. JUDE'5 RESEARCH HOS PI fAL SOS IN AMERICA STRAhlGER, THE (1994) ST. JUDE'5: A STORY OF HOPE SOUL TRAN CHRISTMAS STARFEST STREET CRIMES (1992) ST. JUDE'5: CI IY OF HOPE SOUL TRAIN LADY OF SOUL AWAIRDS STREET SMARTS: HOW TO AVOID BEING A !IT. JUDES: IHOPE FOR THE CIHILDREN VICTIM SOUL TRAIN MUSIC AWARDS !iT. JUDE'S: TIME TO LIVE STREET SMARTS SOULTRAIN
, !iT100 STRIC'liLY BLISINESS (1991) SOUND OF MUSIC, THE (1965) !iTAG E DOC)R (1937) STUPII3 BEHAVIOR CAUGHT QN TAPE SOUNDER (1972) STALKING LAURA (1992) 5 U HER ENCI'A E Rlh MAYA R (1992) SOUNDS QF THE '805 STAND BY ME (1986) SUBUIRBIA (1983) SOUTH CENTRAL (1992) STAR IS BQIRN, A (1937) SUBURBIA (1996) SOUTHERNER, THE (1945) STAR IS BO'RN, A (197(i) SUDDIENLY (1954) SPACE MUTINY (1988) STAR PACKER, THE (1934) !iUDDIENLY SUSAN SPACF. RAGE (1986) .STAR TREK DEEP SPACE NlhIE SUPEFI BLUE 2 SPAWN (1997) STAR TREK; ENTERPRI!)E SUPEF BLUI STUI.F SPECIAL UNIT 2 STAR TREK I'HE NEXT GENFRATION 5UPER BLUE SPECIAUSI, THE (1994) STAR TREK; VOYAGER iUPEFI 5ABlhDO SENSACIONAL SPECIALTY MERCH. CORP. 9 STAR WAR!i (1977) !IUPEFI STAfls ON TOUR PRE.&ENTS JOE SPECIALTY MERCHANDISE COCKER
STAR WARS: EPISODE I — THE PHANTOIVI SPIDER AND THE FLY, THE (1994) MENACE (1999) SUPEFI STAf'IS ON TOUR: MARVIN GAYE- 7HE LEGACY SPIES LIKE Us (1985) STARGATE SG-1 !)UPEfl STAfhs ON TOUR: TINA TURNER CELEBRATION SPIN CITY STARSHIP 1 ROOPERS f1997)
!iUPEFI WRENCI I SPITFIRE GRILL, TIJE (1996) STAR!IKY AND HUTCH
SPI.IT DECISIONS (1988) STATE POLICE !iUPEFIGIRL (1984) 50 N)PAA CLA)N(ED WORKS — 2001
SUPERMAN III (1983) TALK TO ME (1996) TERROR, THE (1963)
SUPERMAN IV: THE QUEST FOR PEAC'E. TALLADEGA 500 TEXASJUSTICE (1987) TAMA AND FRIENDS TFAL EXPRESSWARE SURE THING, THE (1985) TAN PERFECT T-FORCE (1994) SURPRISE WEDDING 2 TAN60 & CASH (1989) THAUA ARRASANDO SURVIVE THE NIGHT (1993) TATIANA ROMPE EL SILENCIO THANE DIRECT SURVIVING THE GAME (1994) TAXI THANE MARKETING SURVIVING THE MOMENT OF IMPACT 3 TD JAKE MAXTHE MOMENT THAT '705 SHOW SURVIVING THE MOMENT OF IMPACT 4 TEACH ME TO TRADE THAT WAS THEN... THIS IS NOW {1985) SUSPICION (1987) TEACH ME THAT'5 RIGHT- YOU'E WRONG (1939) SWEARING ALLEGIANCE (1997) TEEN CHOICE AWARDS THELMA & LOUISE (1991) SWEEPER, THE (1996) TEEN PEOPLE'5 20 TEENS WHO WILL THEN AND NOW SWEET LORRAINE (1987) CHANGE THE WORLD THERE GOES THE 6ROOM (1937) SWING JACKET TEEN PEOPLE'5 25 HOTTESTSTARS UNDER 25 THERE'S SOMETHING ABOUT MARY (1998) SW)NG TIME (1936) TFENAGE MUTANT NINJA TURTLES (1990) THERMOSLIM 2 SWISS CONSPIRACY. THE (1975) TEENAPALOOZA TH E RMOS LI M T SWORD OF THE VALIANT (1984) TEENS 6ET REAL THERMOSLIM SWORN ENEMIES (1996) TELEFON (1977) THERMOSPOT SYLMAR V 18 PHASE 5 TEMPTATIDN ISLAND 2 THEY ALL LAUGHED (1981) SYLMAR TEMPTATION iSLAND REUNION WEDDING THEY LIVE BY NIGHT (1949) SYLMARK ABS TEMPTATION IS(AND THI6H ROCKER SYLMARK INC TEMPUR PEDIC MATTRESS THIN LINE BETWEEN LOVE AND HATE, A SYLMARK ORTHOTIC P4-16 (1996) TEMPUR VEDIC SYLVESTER &YWEETY MYSTERIES THING, THE (1951) TEMPURVEDIC TAE BO 2 GET RIPPFD BILLY BLANKS THINGS TO COME (1936) TENNESSEE TUXEDO TAE BO 2 LIVE TH'IS IS DESTINY'5 CHILD! TEQUILA SUNRISE (1988) TAE BD GET RIPPED BILLY BLANKS THIS OLD HOUSE TERESA'5 TATTOO (1994 ) TAE-BO 2 THIS WEEK IN BASEBALL TERMINAL JUSTICE (1995) TAE-BO THOSE BEDROOM EYES (1993) TERMINAL RUSH (1995) TAFFIN (1988) THREE MEN AIJD A BABY(1987) TERMINAL VELOCITY (1994) TAINTED WOOD (1993) THREE MEN AND A LI'I I LE LADY (1990) TERMINATOR 7.'UDGMENT DAY (1991) TAKING CARE OF BUSINESS (1990) THREE MUSKETEERS, THE (1993) TERMINATOR, THF (1984) TAKING THE HEAT (1993) THREE STOOGES, THE (7000) TERROR BY NIGHT(1946) TALES FROM THE DARKSIDE THREE STOOGES, THE TERROR IN THE SHADOWS (1995) TALK AMERICA THREE'5 COIVIPANY TERROR INSIDE, THE (1996) TALK OR WALK THROW MOMMA FROM THE TRAIN (1987) TERROR WITHIN, THE {1989J TALK TO ME (1982} THUNDER MIXER 51 IVIPAA CI.AIMED WORKS — 2',001
THUNDER POIN I (1996) TO BE THE BEST [1993) TRAIL BEYOND, THE (1934)
THUNDER STICK MIXER TO BFIAVE ALASKA (1996) TRAIL OF TEARS (1995)
THUNDER TO DANCE WITH OLIVIA (1E!97) TRAIN ROBBERS„THE [1973)
THUNDERBOX TO LOVE, ~IOFIOR AND DECEIVE (1996) TRAPPED BENEATH TltE SEA (1974)
THUNDERHEART (1992) TO SLEEP WITH A VAh4PIRE (1992) TRASH OR TREASURE
THUNDERSTICK IVIIXER TO SLEEP WITH ANGER(1990) TREE LOUFIGE 2
THUNDERST)CK PRO TOTELL THE TRUTH TREE LOUhlGE lf JFORMATION
THUNDERSTICK TO THE LIMIT (1995) TREES LOUNGE (1996I
TICK, THE TOMA DE POSESION DE GEORGE W. BUSH TREVI-ANDRADE-BOGUITAS: REVE LACIONES DESDE: LA CARCEL TIE THAT BINDS, THE (1995) TOMATAN TRICK OF THE EYE (1994) TIGER 49 TOMA'5 TA N TRINITY GOLF TIGER ATTACHMENTS TOP ktAT (1935) TRIUMPH OF THE SPIRIT (1989) TIGER HEART (1996) TOP OFTHI WORLD (1998) TRUCKS {1997) TIGER OT TOPPER RETURNS {1941) TRUE CRIIVlE [1995) TIGER ROLL TOPPER TRUE IDEN'TITY (1991) TIGER WARSAW (1988) TORNADO TRUE LIES (1994) TIGHTROPE (1984) TORSO TIGER TRUTH BEHIND1HE RUIVIOftS 7
TILIA FOODSAVER 'TOTAL GY IVI 2 TRUTIH BEI-IIND THE RUMORS 8 TILIA VAC 500 TOTAL GYM 5 TULSA (194.9) T)LIA TOTAL GYM 6 TURBO 2 PAY 39.95 TILL THE CLOUDS ROLL BY (1946) TOTAL GYM CHALLENGE 3 TURBO 2 PAY TIM (1979) TOTAL GYM Clif}LLENGE Tl'IREE TURBO 39 TIME LIFE '705 DANCE PAR1Y 3 TOTAL GYM CHALLENGE TWO TURBO COOKER 2 TIME LIFE CLASSIC COUNTRY TOTAL Gvr t CHALLENGE TURBO COOKER TIME LIFE SOUNDS OF THE '805 TOTAL GYM ffl TURBO TIGER TIME LIFE TOTAL GYM TURBO: A f'OWER RANGERS MOVIE (1997) TIME OF YOUR LIFE, THE (1948) TOTAL RECALL (1990) TURBO TIME RESTORE 1'OTAL RECALL 2070 TUTTILFS OF TAHITI, THE [1942) TIME RUNNER (1992) TOTAL TIG I.:R TV GUIDE AWARDS TIME TO DIE, A {1991) TOTEM (1999) 1'WAS TIIE FIGHT BEFORE CHRISTIVIAS TIME TO SAY GOODBYE? (1997) TOUCH (1997) TWO SMALL VOICES [1997) TITANfUM KNIVES 8 TOUCHED BY EVIL (1997) TYEE GROLIP TITANIUM KNIVES TRACK 2K 529 U.S. FARM REPORT TITUS TRACKER U.S. OLYMPIC GOLD TKNIVES TRADE OFF (1995) UAW-DAIMLER (:HRYSLER 400 TM RB SLIDE TRADING MOM (1994) UFO CHRONICLES 52 MPAA CLAIIV}EO WORKS -2001
UHF (1989) V.I.P. WALK AWAY POUNDS
ULTIMATE LEAN MACHINE VAC 500 WALK AWAY THE POUNDS
ULTIMATE LEAN ROUTINE VAC CAN WALK! N THE CLOUDS, A (19951
ULTIMATE LEAN VACATION IN HELL, A (1979) WALKING DEAD, THE (1936)
ULTRASONEX VAMPIRE'5 COFFIN, THE (1957) WALKING DEAD, THE (1995)
ULTRAVECTION OVEN VARSITY BLUES (1999) WALL STREET JOURNAL REPORT WITH MARIA BARTIROMO ULTRAVECTION VELVET TOUCH, THE (1948) WALL STREET 'JOURNAL REPORT UN CORAZON PARA DQS (1990) VENGEANCE VALLEY (195.'I) WAR BETWEEN MEN AND WOMEN, THE UNABQMBER: THE TRUE STORY (1996) VENTURE MEDIA {1972)
UNBREAKABLE AUTOLOCK VENTURE WAR OF THE ROSES, THE (1989)
UNCLE WAS A VAMPIRE (1959) VER PARA CREER WARLOCK III: TklE END OF INNOCENCE (1999) UNDECLARED VICE VERSA (1988) WARNER AMERICA UNDER ATTACK UNDER CAPRICORN [1949) VICTORIA JACKSON WARNER STATION PRESIDENTIAL'ADDRESS UNDER CAPRICORN (1982) VICTORIA PRINCIPAL TO CONGRESS
WATER PIK UNDER SIEGE (1992) VIDAS PRESTADAS . 514 95
UNDER THE HULA MOON (1995) VILIAIN, THE [1979) WAYANS BROS., THE
UNDERDOG VIRG INIA 500 WAYNE'5 WORLD (1992)
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3 SMART TECH AB TRONIC AIRPLANE! (1980)
3 SMART TECHNIQUES ABBOlT & COSTELLO AL CABO QUE NI QUER!A (1981)
3TORNADO ABBOTI'ND COSTELLO AL DERECHO Y AL DERBEZ
AL DERECHO Y AL DERBEZ 3 X 19.95 SLIM IN SIX ABDUCTED: A FATHER'5 LOVE (1996)
AL DE 3 X 29,95 SLIM IN SIX ABERRATION (1997) FIN SEMANA SS MPAA CLAIMED WORKS — 2002
AL ROJO VIVO AMERICAN AFFAIR, AN (1998) ANASTASIA (1997)
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ASESINO NOCTURNO (1988} AVENTURAS DE FRAY VALENTINO (1991) BASIC INSTINCT (1992)
ASESINOS [1995) AWAKENINGS (1990) BATMAN (1989)
ASESINOS SUSTITUTOS [1998) AWESOME ADVENTURES BATMAN FOREVER (1995)
AS[ SON ELIAS AXIS HELP BATMAN RETURNS (1992)
ASSAULT AT WEST POINT: THE COURT- AXIS MARKETING BATS (1999) MARTIAL OF JOHNSON WHITTAKER (1994) AXIS BEACH BASH ASSEENONTVPC.COM AY CARAMBA BEASTMASTER 2: THROUGH THE PORTAL ASSIGNMFNT, THF (1997) DF TIME (1991) AZUI. TEQUIIA ASSISI UNDERGROUND, THE (1985) BEASTMASTER B.A.P.S. (1997) AT HOME WITH THE WEBBERS (1993) BEAT THE CLOCK BABE WINKELMAN'5 GOOD FISHING AT WAR WITH THE ARMY (19SO) BEAT THE DEVIL (1954) BABE WINKELIVIAN'5 OUTDOOR SECRETS ATAQUE SALVAJE (1996) BEAT, THE (1987) BABES IN TOYLAND (1986'} A-TEAM, THE BEAUTIFUL HOMES & GREAT ESTATES BABY LOONEY TUNES ATHLO N 1.2 GIG BEAUTIFUL AI1IND BABY, IT'5 YOU (1983) ATHLON 1700 PROTO 8 E D OF RO5 ES (1996) BACHELOR AND THE BOBBY-SOXER, THE ATHLON 170D (1947) BEETLEJ VICE (1988)
ATHLON 2000 BACHELOR IViOTHER (1939) BELLA ENTRE LAS FLORES (1991)
ATHLON PC BACK TO SCHOOL (1986) BELLEZA NEGRA (1994)
ATHLON XP 1700 BACKSTREET BOYS: LARGER THAN LIFE BELLS OF SAN ANGELO (1947)
ATHLON XP 2000 BAD BLOOD (1994) BELLSOUTH SENIOR CIASSIC AT OPRYLAND
ATHLON BAD MAN OF DEADWOOD (1941) BENEATH THE 12-MILE REEF (1953)
ATKINS 2000 BADLANDS (1973) BENEFIT OF THE DOUBT (1993)
ATKINS ANSWER BAILA CONMIGO (1998) BENGAL BRIGADE [1954)
ATKINS C 2000 BALLAERO 8 EN J I (1974)
ATKINS CINDY WITH KEVIN BANACEK BENNY HILL
ATKINS DIET BANDAS GUERRERAS (1989) BERNIE MAC SHOW, THE
ATK)NS WEIGHT LOSS BARB WIRE (1996) BEST OFFENSE {1984)
ATKINS BARE CALCIUM BEST OF BOB HOPE
AUDI SENIOR CLASSIC BAREFOOT CALCIUM BEST OF. CARSON
AUSTIN POWERS: INTERNATIONAL MAN OF BAREFOOT CORAL BEST OF T GYM MYSTERY (19971 BAREFOOT IN TIIE PARK (1967] BEST OFT?IE BEST(1989) AUTO CLUB 300 BAREFOOT REV. HARD OFFER 19 BEST OF THE BEST II (1993) AUTO LOCK PRO BAREFOOT REVISED NARD OFFER BESTOF TOTRLGYM AUTO BIO G RAF [AS BAREFOOT REVISED BEST SELLER (1987) AUTOBIOGRAPHY OF MISS JANE PITI'MAN, THE (1974) BAREFOOT BEVERLY HILLBILLIES, THE
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AUTUMN HEART, THE (1999) BASE, THE (1998) BEVERLY HILLS NINJA (1997) 57 IVIPAA CHAI&/IED WC)RK!I — 2002
BEWITCHED BLAST OFF BODY TRAINER 4 PAY
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BIG DADDY (1999) BLOODS PORT (1988) BOSLEY HAIR
BIG HIT, THE (1998) BLOUSSANT2 BOSLEY MEDICAL 5
BIG JAKE (1971) BLOUSSANT BOSLEY MEDICAL HAIR LOSS ANSWERS
BIG SKY, THE (1952) BLOM/N AVI/AY (1994) BOSLIEY MEDICAL
BIG TREES, THE (1952} BLUE 2 REV. 3 BOSLEY
BIG TROUBLE (1986) BLUE 2 REVISED BOSOM BUDDIES
BIG TROUBLE IN LITTLE CHiNA (1986) BLUE 2 BOSTON PIJBLIC
BILL & TED'S EXCELLENTADVENTURE BLUE COLLAR (1978) BOULEVARD (1994) (1989) BLUE DESERT(1991) BOULEVARD DEL CRIMEN (1992) BILLBOARD LATIN MUSIC AWARDS BLUE LIGHTNINEI, THE (1986) Boul'JD (1996) BILLBOARD MUSICAWARDS BLUE SKY (1994) BOUNTY HUNTER, TH!? (1989) BILLBOARD'5 ROCK 'N'OLL NEW YEAR'5 EVE BLUE STREAK (1999) BOUNTY, TI.IE (1984)
BILLETE VERDE (1999) BLUE STUFF BOW FLEX
BILLY GALVIN (1,987) BLUE THUNDER (1983) BOWFLEX 4
BILOXI BLUES (1988) BMI IJAIR LOSS BOWFLEX
BIO THANE 8MI IJAIR BOY AND HIS DOG, A (1975)
BIO-DOME (1996) BOB HOPE BOYS (1996)
BIOSLIM BOD'( & SOUL BOYS WILL BE BOYS [1'.997)
BIRDS OF PREY BODY AND SOUL (1998) BOYS, THE (1991)
BITTFR VFNGFANCE [1994) BOD'( ARMOR (I!997) BOYZ N THE HOOD (1991)
BIZARRE WORLD II BODY BAGS (1993) BRADY BUNCH IN THE WHITE HOUSE, THE {2002} BLACK BIRD, THE ('1975) BOD'/ BY JAKE
BRAIN SMASHEI? A I OVE STORY (19cl3) BLADE (1998) BODY COLINT [1998) BRAIN THAT WOULDN'T DIE, THE (1959) BLAST FROM THE PAST (1999} BODY MAI&EOVER BRAINIAC, THE (1961) BLAST OFF THF POUNDS BODY SLAIVI (1987) BRANDED 58 MPAA ClAIMED WORKS — 2002
BREAK UP, THE (1998) CABALLERO A LA MEDIDA (1953) CANISTER
8 BEAK FAST AMERICANA CABALLO PATAS DE ACERO (1995) CANNIBAL WOMEN IN THE AVOCADO JUNGLE OF DEATH (1988) 8 RFWSTE 8'5 MILLIONS (1985) CABBAGE PATCH KIDS FIRST CHRISTMAS CANNONBALL RUN II (1984) BRIDGE OF DRAGONS (1999) CABIN PRESSURE (2001) CANNONBALL RUN, THE (1981) BRILLIANT LIES (1996) CABLE FLEX WITH BAG CAN'T HARDLY WAIT (1998) BRINGING UP BABY (1938) CABLE FLEX CAPTAIN AMERICA (1990) BRITE SMILE CABLEFLEX CAPTAIN LIGHTFOOT (1955) BROADWAY ON BROADWAY CACER[A DE JUDICIALES (1996) CAPTAIN RON (1992) BRONCO BILLY (1980) CADA MANANA CAPTURED [1999) BROTHER FROM ANOTHER PLANET, THE CADENAS DE VIOLENCIA (1992) (1984) CARD SHARKS CADENCE(1990) BRUNO'5 MEMORIAL CIASSIC CARDCAPTORS CADILLAC MAN (1990) BRUSH REVO CARGAMENTO MORTAL (1987) CADILLAC RANCH (1997} BUCANEROS CARNIVAL OF SOULS (1998) CAL MAX BUFFALO SOLDIERS (1970) CARNIVAL STORY (1954) CALENDAR GIRL MURDERS, THE [1984) BUFFY THE VAMPIRE SLAYER (1992} CAROLINA DODGE DFALERS 400 CALIENTE DUFFY THE VAMPIRE SlAYER CAROLINE IN THE CITY CALIFORNLA CASANOVA (1991) BUFFY, LA ASESINA DE VAMPIROS(1992) CAROLINE RHEA SHOW, THF. CALMAX 2 VERSION 9 BULL DURHAM (1988) CARQUEST AUTO PARTS 300 CALMAX 2 BULLET [1997) CARSON 1 CALMAX 2001 BULLET TO BEIJING (1995) CART RACING CALMAXTV V 17 BULLETPROOF {1996) CARTUCHO CORTADO (1980) CALMAX TV VERSION 13 BULLMANIA CASABLANCA EXPRESS(1990) CALIVIAX TV VFRSION 16 BULLWINKLE SHOW, THE CASH FLOW 2001 CALMAXTV VERSION 19 BUN & THIGH CASH FLOW FREE TRIAL CALMAX IV VERSION 4 BUR BUJAS DE AMOR (1991) CASH FLOW GENERATOR 3 CALIVlAX TV BURN FAT CASH FLOW GENERATOR CALMAX BURNS AND ALI.EN SHOYV, THE CASH FLOW REVISED CAMELOT (1967) BUSCANDO LA MUERTE (1989) CASH FLOW VENDING CAMINO A lA COPA: EDICION ESPECIAL BUSCANDO SALIDA (199S) CASH FLOW WORKSHOP CAMINO A LA FAMA BUSINESS WEEK CASH FLOW CAMP NOWHERE (1994) BUSINESSWEEK MONEYTALKS CASH WORKSHOP CANDID CAMERA BUSTIN'OOSE [1981) CASOS DE LA VIDA RFAL: EDICION ESPECIAL CANDIDATE, THE (1972) BUZZ LIGHTYEAR OF STAR COMMAND CASTLE CANDYMAN (1992) C MEDIA CASUALTIES (1997) CANISTER 500 VACUUM C.I.A. II: OBJETO ALEXA {1994) CAT'5 EYE (1985) CANISTER 500 C.I.A. II: TARGET ALEXA (1994) CAZADOR NOCTURNO (1996) MPAA C[.A)MED '[h[OIRKS — 2002
C84 (1993) CHELO GOMEZ, DETECTIVE PRIVADO CLASSIC CO'lJ NTRY (J!990) CEDRIC THE ENTERTAINER PRESEhlTS CLASSIC R&B COLLECTION CHICKEN SOUP FOR THIE SOUL CELEBRITY BOOT CAMP CLASSIC R&8 CHILDREN OF THE CORIV IV: THE CELEBRITY BOXING 2 GATHERING (1996) CLASSIC RH'YTHIVI AND BLUES
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CELEBRITY DAREDEVILS CHINA GIRL (1987) (: LIMB, TH E (199:7)
CELEBRITY DIET 2 PAY CIIINA O'RIEN 2 (1991) CLIMB, THE (2002)
CELEBRITY DIET CHITOGENICS CLOCKERS (1995)
CELEBRITY SPORTS INVITATIONAL CHITOSOL 5 HOT IVIOMMIES CLOSE CALL: CHEATIN(i DEATH 3
CENTER OF THE WEB {1992) CHITOSOL 5 CLOSE CALL: CHEATIN(5 DEATH II
CENTRAL CAMIONERA [1990) CHITOSOL CLUB AMERICA
CERO EN CONDUCTA CHOICES OF THE HEART(1983) CLUB GOLF
CF: 3X39 W/0 BAG CHOO!)E TO BE RICH CLUELESS (1995)
CHAIN OF COMMAND (1993) CHRIS IMAI1'HEWS SHOW, THE CLUELF.SS
CHAIN OF COMMAND {2000) CHRI51MAS CAROL, A (1951) COACH
CHAIN REACTIO N [1996) CHRIS1MAS WITH TFIE STARS COBRA (1981)
CHAINED HEAT 2 (1993) CHRISTOPHER COLUMEIUS: THE DISCOVERY COCA-COLA RACING F/(MILY 600 (1992) CHAMBER, THE COCINANDO EL PAVO CON CRISTINA CHRIS110 CHOICES OF 1HE HI=ART (2001) CHANGE OF HtART, A CODE NAMIL'ENGEANCE (1989) CHROFIICLE CHANGE OF HEART CODE NAMI.: PHOENIX (2000) CHURCHILL FILES, THE I1998) CHAPLIN (1992) CODE RED: THE RUBICON CONSPIRACY CIMARRON STRIP (2001) CHARADE (1963) CINCO POLLAS EN PELIGRO (1986) CODIGO: FLECIIA ROTA (1996) CHARLES IN CHARGE CINDEIRELLA. (199'7) COLD HEAVEN (1992) CHARLIE'S ANGELS CINDERELlA (1999) COLLEGE ALL-STAR SKILLS CHALLENGE CHARLTON HESTON ANIMATED BllBLE STORIES CIRCl( OF FEAR (1990) COLLEGE BOWL PREVIEW
CHARLTON HESTON BIBLE BOOKS CIRCUMSTANCES UNKNOWN (19cl5) COLLEGE FOOTBALL POSTGAME
CHARLTON HESTON PRESENTS THE BIBI.E CITIZEIV KANE (1941) COLLEGE FOOTBALL PREVIEW
CHARLTON HESTON CITY GUYS COLMILLOS DE FIJRIA (1995)
CHARMED CI I Y HEAI ((984) COLOR PURPLE, 'll'HE (1985)
CHASE (1988] CITY 5 I ICKE(IS (1991) COLORADO (1940)
CHASE, THE (1991) (.LARA'5 HEART (:L988) COLUIYIBO
CHATO Y SUS AMIGOS CLASH OF THE TITANS (1981} COMANDO MARIINO {1990)
CHEATERS CLASICOS DE AL F IN DE SEMANA COME NEX'I SPRING (1955)
CHEERS (,LASH.05 DE CRISTINA COME NTAR105 POST Al RECORRIDO
CHEF MAKER CIASICOS DE LENTE LOCO COMING TO AMERICA [1988)
CHEFMAKER CLASS ACTION (1991) COMh/IISSIONER, (HE I',1998) 60 IVIPAA CLAIMED WORKS — 2002
COMMITMENTS, THE (1991} COUNTESS DRACUIA (1970) CRYO KNIVES
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DIRTY HARRY (1971) DR. PHIL EL CALIBRE DE LA VENGANZA (1991)
DLRTY ROTTEN SCOUNDRELS (1988) DRAGNET (1987) EL CENICIENTO (1955)
DISENADOR AMBOS SEXOS DRAGON BALL Z EL CHARRO Nl! IJA
DISH DOGS (1998) DRAG ON TALES EL CONTEO FINAL: DESFILE DE LAS ROSAS
DIVORCE COURT DREAM A LITTLE DREAM (1989) EL DEMOLEDOR (1993)
DIVORCE HIS, DiVORCE HERS (1973) DREW CAREY SHOW, THE EL DIAB6LICO (1977)
DMI CHITOSOL DRIVE TIME MURDERS (2001) EL EMBUSTERO {1983)
DRIVING MISS DAISY (1989) EL ENJAMBRE (1978)
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DOC HOLLYWOOD {1991) DROP SQUAD (1994) EL EX ALUMNO
DOC DUMB & DUMBER (1994) EL EXORCISTA {1.973)
DOCTOR DOLITTLE (1998) DURA SHINE EL FANTASMA DEL LAGO (1980)
DOCTOR Z HIVA60 (1965) DURALUBE EL FISGON DFL HOTEL (1993) IL
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EL FRANCOTIRADOR FE NOMENO (198!3) EL PfCARO NORTENO (1990) EN ELOJO DELHURACAN
EL GANDALLA HUSSEIN (1989) EL PLACER DE IA VENGANZA (1.986) EN ESTAS CAMAS NADIE DUERME (1970)
EL GATILLERQ DE LA MAFIA (1998) EL POD ERCISO JOE (1949) EN MEDIO DEL ESPECTJ[CUI 0
El GATQ CON GATAS (1994) EL PREMIO LO NUESTI30 ENCINO MAN (1992)
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EL GRAN FINAL DE NAVIDAD SIN FIN EL QUE MACE PA'TAMIAL (1986) I I I I IENEIVIY OF'THE PEQPIE, AN (1977)
EL GRAN FINAL DE VINA DEL MAR EL QLJELITE (1969) ENEMY OF THE PEOPI.E, AN (1990) I
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EL NOVENO MANDAMIENTO EMBOSCADA (1991) ESTAM05 UNIDQS
EL OFICIO MAS ANTIGUO DEL MiUND(3 EMERALD COAST CLASSIC ESTHER (1!399) ll (1968) EMERGENCY! ETERNAI I.'Vll (1987) EL QJO DEL HURACAN FIVIINENT DOMAIN (1990) ETERNITY I',1990) El OJO DORADO (1995} II EMPIRE STRIKES BAC'(, THE (1980) EURO PRQ SHARK EL PADRINO ES Ml COMPADRE (1974) Ci4 II MPAA CLA{ MED WORKS — 2002
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EURO SHARK STEAM BlAST FACLAL MAGIC FENCE, THE (1994)
ACAPULCO EURO SHARK FAIR GAME (1995) FESTIVAL 2002
EURO STEAM SHARK BLAST FALL TIME (1995) FESTIVAL CALIENTE DE CR)STINA
EUROSHARK STEAM BLAST FALLEN IDOL, THE (1948) FESTIVAL DE LOS METICHES
EVEN COWG IRLS GET THE BLUES (1994) FALLEN SPARROW, THE (1943) FEUD, THE (1989)
EVEN STEVENS FALLING FIRE (1998) FEW GOOD MEN, A (1992)
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EVERY WHICH WAY BUT LOOSE (1978) FAMILY PRAYERS (1993) FIGHTING FOODONS
EVERY WOMAN FAMILY TIES FIGHTING SEABEES, THE (1944)
EVERYBODY LOVES RAYMOND FANTASMA II {1988) FINAL ANALYSIS (1992)
EVERYBODY'5 ALL-AMERICAN (1988) FAR FROM HOME'(1988) FLNAL ASSIGNMENT (1980)
EVERYBODY'5 BABY: THE RESCUE OF FAR FROM HOME: THE ADVENTURES OF FINAL COUNTDOWN, THE (1980) JESSICA MCCLURE (1989) YELLOW DOG (1995) FINAL JAKE TRAINER EVIL UNDER THE SUN (1982) FAR FRONTIER, THE (1949) FINAL JAKE'5 TRAINER EVOLVER (1995) FAR HARBOR (1996) FINE MESS, A {1986) EXCESSIVE FORCE (1993) FAR OUT MAN (1990) HRE BIRDS (1990) EXECUTIVE POWER (1997) FAREWELL TO THE KING (1989) FIRE OVER ENGLAND (1937) EXORCISTA II (1977} FARGO (1996} FIREFLY EXORCISTA II: EL HEREJE (1977) FARMERS CHARITY ClASSIC F IREHEAD (1990) EXPOSURE (2000) FAST ABS FIREPOWER (1994) EXTRA FAST BREAK [1979) FIRM 3 DAY EXTREME DATING FASTIANE FIRM 3 PAY, THE EYE OF GOD (1997) FATAL BONO (1992} FIRM 3X29, THE EYE Q FREE TRIAL FATAL SKIES [1990] FIRM, THE EYE Q FATHER AND SCOUT (1994) FIRM EYEQVB INFINITE FATHER OF THE BRIDE (1991) FIRST BLOOD (1982) EYEQ V6 FATHERLAND (1994) FIRST MONDAY IN OCTOBER (1981) EYES HAVE IT FEAR INSIDE, THE (1992) FISH CALLED WANOA, A (1988) EYES OF TEXAS (1948) FEDERAL DE NARCOTICOS (1991) FISHER KING, THE (1991) F/X (1986] FEI.ICITY F)ST OF HONOR (1993) FABS 2 FELIX AND~ All/lOR M[O (1957) FISTFUL OF DYNAIUIITE, A (1972) FABULOUS BAKER BOYS, THE [1989) FELIZ CHRISTMAS/MERRY NAVIDAD [1999) 65 IVIPAA CLAIMED WORKS — 2002
FITNESS QUFST FOR BETTER OR WORSE (1996) FRESHMAN, THE (1990)
FIVE HEARTBEATS, THE [1991) FOR HIRE (1997) FRIDAY THE 13TII (1980)
FIVE STAR POWER TOOL FOR LOVE ALONE (1996) FRIDAYTHE 13TH PART VBI: JASON TAKES
MANHATTAN(1989) . FIVE STAR FOR THE BOYS (1991) FRIENDS
FOR YOUR EYES ONLY FIATLINERS (1990) {1981) 'AIG HT NIGHT PART 2 (1988) FLAVOR WAVE 3 X 49 REVISED FOR YOUR LOVE FROM DUSK TILL DAWN (1996) FLAVOR WAVE 3 X 49, VERSION 2 FORAIIDOS EN LA MIRA (1586) FROM THE FILESOF JOSEPH WAMBAUGH: FLAVOR WAVE 3 X 49 FOACED TO KILL (1994) JURY OF ONE (1992)
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FRONTIER PONY EXPRESS FLRVORWAVE 3 PAY 39 FOREVER WHITE (1939)'UEBA DE SERIE
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GAY RANCHERO, THE {1948) GOOD DAY LIVE GROUNDED FOR I.IFE
GAZ FREESTYLE GOOD MORNING BABYLON (1987) GROUNDHOG DAY (1993)
GAZE PRO FREESTYLE GOOD TIMES GUARDIAN ANGEL (1994)
GAZELLE ELITE GOODBYE SU PE RMO M (1987) GUILTY AS CHARGED (1991)
GAZELLE FREESTYLE ELITE GOODFELLAS (1990) GUITAR METHOD 8
GAZELLE FREESTYLE GOONIES ELTESORO DE WILLY (1985) GUITAR METHOD
GAZELLE FREESTYLER ELITE GORILLA, THE (1939) GUN IN BETTY LOU'5 HANDBAG, THE (1992) GAZELLE FREES'TYLER GOSSIP (2000) GUNGA DIN {1939) GAZELLE GLIDER GOZAR, A GOZAR QUE EL MUNDO SE VR A ACABAR, A (1988) GUNS OF WILl. SONNETT GAZELLE GRACE UNDER FIRE GUNSMOKE 6AZEPRO FREESTYLER GRADES $19.95 TRIAL GUTHY-RENKER.COM 6AZEPRO GRANDMA GOT RUN OVER BY A REINDEER GUYVER Z: DARK HERO (1994) GAZPROWO GRtASE (1978) HABLAME DE AMOR GENTE CON CHISPA GREASE 2 (198Z) HACER EL AMOR CON OTRO [1992) GEORGE BALANCHINE'5 THE NUTCRACKER (1993) GREAT AIVIERICAN TRAGEDY, A {1972) HACKERS (1995)
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GETTHE EDGE GREAT MOM SWAP, Tl-IE (19951 HAIR CLUB FOR MEN
GHOST (1990) GREAT WHITE HYPE, THE (1995) HAIR CLUB FRANCHISE
GHOULIES (1985) GREATER BALTIMORE CLAS5IC HAIR CLUB
GHOULIES II (1988) GREATE5T CHRISTMAS MOMENTS OF ALI. HAIR LOSS ANSWER5 TIME!, THE GILMORE GIRLS HAIR LOSS SEMINAR GREEN ACRES GINGERBREAD MAN, THE (1998) HAIR LOSS UPDATE GREENSTONE & CO. GIRLFRIENDS HAIR LOSS GREENSTONE SECRETS GIRLS CLUB HAIRAGAMI GREENSTONE 6LA DIATOR (1992) HALCONES DE IA MUERTE (1993) GRttTINGS FROM TUCSON GLIMMER MAN, THE {1995) HALF & HALF GREG THE BUNNY GLOBAL BUSINESS PEOPLE HALF AND HALF GRFMLINS (1984) GLORY DAYS HAND THAT ROCKS THE CRADLE, THE GREMLINS 2: LA NUEVA GENERACION (1991) GLOW, THE (2002) (1990) HANG 'EM HIGH (1968) GLUTTON BOWL: THE WORLD'5 GREATEST GREMLINS 2: THE NEW BATCH (1990) EATIN6 CONTEST HANS CHR51IAN ANDERSEN (1952) 6 REYSTOKE: LA LEYENDA DE TARZAN GODZR.LA (1998) (1984) HAPPY CAlvlPERS (2001)
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67 MPAA, Cl.A){VIED lNOI[?KS — 2002
HARD PROMISES (1991) HEIST, THE(1996) HOME Ih(IPROVEIVIENT
HARD TO KILL (1990) I IELLBOUND {1993) HOME.SWEET HOME
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HARTTO HART RETURNS (1993) IIERCUILES UNCHAINED (1960) HO MEDICS
HART TO HART: CRIMES OF THE HART I IERMANDAD DE LA MUERTE (1990) HOMEGROW'N (1998) [1994) I IERMI.:LINDA LIN DA {1984) HOMETIME I.OR THE HOLIDAYS HARTTO HART: HARTS IN HIGH SEASOI4 {1996} I-IERO (1992} HOME'[IME
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HOW THE TOYS SAVED CHR 15TMAS (1997) IF YOU KNEW SUSIE (1.948} IRON GIANT, THE (1999)
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HOW TO BE A PLAYER (1997) IMAGE NES DE IMPACTO ISAAC LITTLEFEATHERS (1984)
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JOHN DOE JUST YOUR LUCK [199ii) KOJAK
JOHN WALSH SHOW, THE JUVEI'ITUD EN DROGAS (1996) KROCiER SENIOR CIASSIC
JOHNNY CARSON COLLECTION K-9000 (1991) KUNEIUN (1997)
JOHNNY SKIDMARKS (1998) KABDOM SHOW 1 KURIG FU: THE IVIOVIE (1986)
J()VENES DE L MAL (1987) KA BOOM L SANI IN HOME
JOVENES PERVERSOS (1991) KALIFORNIA (19'13) LSANSONE
JOY OF JUICING KARATE Klf) II (1986) L,A. STORY (1991)
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LA LOCURA MEXICANA (1993) LAS BODAS DEL2002 LE I G HT VALE NTINE
LA MAFIATIEMBLA II {1990) LAS BRUJAS (1990) LE NCHA lA TAX ISTA (1990)
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LA MARCA DE SATANAS (1956) LAS CUATRO BODAS DE MARISOL (1967) LEPRECHAUN 2 {1994)
LA MARCA DEL AIACRAN (1998) LAS ESTRELLAS DE TV Y NQVELAS LEPRECHAUN 3 (1995)
LA MASCARA DEL ZQR RO (1998) LAS INTERESADAS (1952) LEPRECHAUN 4 IN SPACE (1996)
LA IVI ETRA LLETA IN F E RNA L (1990) lAS SIRVIENTAS ARDIENTES (1988} LEPRESSE
LA MEXICANA, A lAS TRAVESURAS DE DUNSTON (1996) LESLIE SANSONE HOME WALKING
LA MUERTE CRUZ6 EL RIO BRAVO (1984) LAS VEGAS STORY, THE (1952) LES LIE SANSONE
LA MUJER DE Ml VIDA LAS VIAS DEL AMOR LESS THAN ZERO (1987)
LA NOCHE DEL PRESIDENTE BUSH LAST BOY SCOUT, THE (1991) LETHAL WEAPON (1987)
LA QTRA MUJER (1971) LAST CALL 329 LETHAI. WEAPON 2 [1989)
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LOCK UP (1989) LOST (NOR(DE THE iMAFIA MEXICANA (1990)
LOCOS Y SUELI OS LOST WORLD: JURASSIC PARK, THE (1997) iMAGIC (1978)
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MAID TO ORDER (1987) IVIARTA SUSANA EDIC ION ESPECIAL MATLOCK: THE POWER BROKERS (1987)
MAIN FLOOR MARTA SUSANA: EDICION ESPECIAL MATLOCK
MAKER, THE (1997) MARTA SUSANA MATRIX, THE (1999)
MAKING MONEY VERSION 1000 MARTHA QUINN MAURY
IvlAKING MONEY MARTHA STEWART LIVING WEEKEND MAX DUGAN RETURNS (1983)
MAKING OF E.T. MARTHA STEWART LIVING MAX STEEL
MAKING OF SCORPIO KING MARTIN MAXIMA VELOCIDAD (1994)
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MANANITAS A LA VIRGEN MATEWAN (1987) IvlDR VITAMINS
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MENTE Y MOVIMIENTO MIRACLE BLADE 2 MORONS FROM OUTER SPACE (1985)
MENTIRAS VERDADERAS (1994) MIRACLE 8!LADE.3 VERSIOAI 11 MORTAL F EAR (1994)
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IVIIRACLE BLADE 13 MORI& 8! IVII!VDY IVIURIEBQN A MITAD DEL BIO (1988) 74 MPAA CLAIMED WORKS-2002
IVIUsCLE MAssAGE NATIONAL LAMPOON'S CHRISTMAS NFL UNDER THE HFLMET VACATION (1989) A4USIC MAN, THF (1962) NGONE'5 STORY: A TALE OF AFRICA S NATIONAL LAMPOON'5 LAST RESORT ORPHANS MUSIC OF THE 80'S (1994) NICKEL 83 DIME (1992) MUSIC OF THE '80S NATURAL ADVANTAGE 2 NIGHT HEAT MUSIC OF THE EIGHTIES NATURALADVANTAGE NIGHT OF THE DEMONS (1988) MUSICSYSTEM NATURE OF THE BEAST (1995) NIGHT OF THE RUNNING MAN (1994) MUSICO, POETA Y LOCO (1947) NAVIDAD EN VIENA NIGHT TRAIN TO MUNICH (1940) MUTANT (1984) NAVIDAD MAGICA DISNEY NIGHT VISION (1998} MUTANT X NAVIDA D SIN FIN NIGHT VISIONS (1990) MY BOYFRIEND'5 BACK (1989) I4BA MAX NIGHTMARE CASTLE (1965) MY DOG SKIP (2000) NDM MIRACLE BLADE NIGHTMARF. ON LLM STREET 2: FREDDY'5 MY FAVORITE WIFE (1940) NEC ESS ITY (1988) REVENGE, A (1985)
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NAPA AUTO PARTS 500 NEW STRATEGIES NOCHE ESPECIAL DE GATA SALVAIE
NARROW MARGIN (1990) NEWSRADIO NOCHE ESPECIAL DE LAS V(AS DEL AMOR
NASCAR PRE-RACE NFL EUROPE FOOTBALL NOCHE HISTORICA CON EL PRESIDENTE
NASCAR RACING NFL GOLF CLASSIC NOISES OFF (1992)
NASH BRIDGES NFL PRESEASON SPECIAL NONE BUT THE LONELY I IEART {1944) 75 IVIPCLA ( LJ3t)()J)ED WGRKK[ — 2002
NORTH (1994) OMEN IV: IHE A'INAKENING (1991) ORTHOTIC SHOE INSOLES
NORTH DALLAS FORTY (1979) ON HOLY GROUND: PILGRIMS IN A SACRED l3SCURAS ME DA RISA„A (1994) PLACI'. NORTH SHORE (1987) OTHER HALF, THE ON TIVE BORDER (1998) NOTICIARIO HECHOS ON TI-IE LII IE (1998) OTRA'TRO NOTICIAS UNIVISION CASCl DE VIOLA? ION (1991) ON TIVE RECORD WITH GRETA VAN NOTICIERO HECHOS SUSTI.:REN MDTRO ROLI.O
NOTICIERO TELEMUNOO EDICII}N ONCE'ATI.IIEF OUT FOR JUSTICE (19?Il) NOCTURNA ONCE AGAIN (1986) OUT OF SYIVC (1995) NOTICIERO TELEMUNDO ONCE UPOI'4 A HONEYMOON (1942) OUT OF THE PAST (19'l7) NOTICIERO UNIVISION ONCE UPOIV A TEXAS TRAIN'1988) OUT To SEA (1997) NOWHERE IN SIGHT (2000} ONE IN A MILLION: THE ROI4 LEFI.ORE OUTBREAK (1995) NOWHERE To HIDE (1987) STORY (1978) OUTER LIMITS, THE NOWHERE To RUN (1993) ONE IYIAN'5 JUSTICE (1995) OUTLAW, THE (1989) NSYNC: BIGGER THAN LIVE ONE IVIRN".I WAI'I [1991) OUTSIDE 0?ONA (19981 NU WAVE OVEN 1 ONE ON ONE OVER THE LINE (1995) NU WAVE OVEN 2 ONE1OUGI'I BASTARD (1995} OVER THE TOP (1987) NUESTRA BELLEZA DE MEXICO ONLY THE LONELY (1991) OZZY & DRIX NUESTRA NAVIDAD ONLY YOU [1992} P AI.LEN SMITH GARDENS NUNS ON THE RUN (1990) OPERACIOI'I DRAGON [1973) P.K. AND THE KID (1982) NUTCRACKER: THE MOTION PICTURE OPERATION DELTA FORCE (1997)l (1986) PAAWS 7 OPERATION DUMBO DROP [1995) NUTTY PROFESSOR, THE (1996) PAAWS OPERATIOI'I SANDMAIV: WARRIORS IN NU-ZYMES VS HELL [2000) PACIFIC HEI6HTS (1990)
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76 MPAA CLA)NEO WORKS — 2002
PARTNERS IN CRIME (1984) PERRY MASON: THE CASE Of THE PERSONS UNKNOWN (1996) DESPERATE DECEPTION [1990) PARTNERS IN CRIME (2000) PEST DEFENSE PERRY MASOI4: THE CASE OF THE FATAL PARTRIDGE FAMILY, THE FASHION (1991) PEST OFFENSE 2000
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PAYBACK(1999} PHASE 4 ORTHOTICS PERRY MASON: THE CASE OF THE LETHAL LESSON (1989) PEDRO EL CSCAMOSO PHASE 4 PERRY MASON: THE CASE OF THE LOST PEELAWAYTHE EBS PHAT BEACH (1996) LOVE (1987}
POUNDS PHOENIX THE WARRIOR (1988} PEELAWAYTHE PERRY MASON: THE CASE OF THE MALIGNED MOBSTER [1991) PEEL AWAY PICA Y SE EXTIENDE PERRY MASON: THE CASE OF THE PEEL/POUNDS MURDERED MADAM (1987) PICARDIA MEXICANA (1978)
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DEAR JOHN DIAMONDS (1999) DUMB & DLIMBER (1994)
DEATH OF OCEAN VIEW PARK, THE (1979) C)IAMONDS ARE FOREVER (1971) DUMB LUCK (2001)
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DFATH WISH V: THE FACE OF DEATH (1994) DIFFE)IENTI/YORLD, A DUTCH (1991)
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MISSING MURPI.IY'5 LAW {1986) NEPHEW THE (1998)
MISSISSIPPI BURNIIVG (1988) MUSIC OF TtlE 80'5 NEVER 2 BIG (1998)
MODERN ADVENTURES OF TOM SAWYEIR, MUSIC OF Tl-IE '80!i NEVER BEEN'KISSED (1999) THE (1998) MUTAhlT X NEVER TOO LATE (1996'I MOESHA MY BOYFRIEIVD'5 BACK I',1989) NEW CIASSIC COUNTRY MONEY (1991) MY LITTLE ASSASSIN (1999) NEW FRESH START MONEY KINGS (1998) MY MOTHER THE!iPY (2000) NEW HAIR CIUB MONTE WALSH (1970) MY TEACHER'S Wll'E (1995) NEW PASTA MONTEL WILLIAMS MY THFIEE SONS NIEW SCOOBY lh SCRAPPY-DOO SHOW, THE MORAL COUBT MYO NEW SCOOBY-DOO MOVIES MORGAN'5 FERRY (1999) MYOBX SHOW 19 Nl'W SLIM IN SIX MORIB A Ml MANE RA [1994) M/YORK SHOW NIEW WAVE OVEN MORNING GLORY (1993) M'f ORX Nl'W WORLD DISORDER (1999) MORTAL FEAR (1994) M'fROX 19 NEWHART MOST HILARIOUS SPORTS PRANKS EVER MYRRX NllWSBADIO MOTHER OF TtlE BRIDE (1993) MYSTERIES OF THE: MIND NI=XT JQE MII.LIONAIRE: AN MOUNTAIN TOP SKI fh SNOWBOARDING INTERNATIONAL AFFAIR, THE NAACP ACT-fiQ AWARDS MOVING TARGET [1996) NI=XT KARATE KID, THE (1994) NADIE CONOCE A NIADIE. (1999) MR. ACCIDENT (2000) NI=L QUARTERBACI& NADINE (1987) MR. FOOD: A NEW YORK CHRISTMAS NFL UNDER THE HELMET NAKED GUN 2 1/2'.. THE SMELL OF I=EAR, MR. HOLIAND'5 OPUS {1995) THE (1991) NICHOIAS'IFT (1998)
MR. MOM [1983) NANNY NIGHTh/IARE BEFORE CI.IRIST/vlAS, THE (1993) MR. PERSONALITY NATIOhlAL GEOGRAPHIC CHANNEL: BUG ATTACK NIGHTh/IARE ON EI.M STREET 2: FRIEDDY'5 IvlR, SATURDAY NIGHT (1992) REVENGE, A (1985) NATIOI'IAL LAMPOON GOES TO THE MR. WRITE (1994) MOVIFS (1981) N'GHTMARE ON El.lvl STREET 4: THE DREAM MASTER, CI (1988) MB. WRONG (1996) NATIONAL LAMPOON'5 M'OVIE MADNE'iS (1981) N/GHTh/IARE ON EI.M STREET 5: THE MBS. DOUBTF/BF. (1993) DREAM CHILD (1989) NATURAL ADVANTAGE II MUCHA LUCHA NINA... AMADA MIA NA1URALADVANFAGE WITH CLOCK MUJER... CASOS DE LA VIDA REAL NQ CODE OF CONDUCT (1998) NATUBALRDVANIAGE MULLETS, THE NQ CONTEST (1994) NATURE OF THE BEAST [1995) MUMMIF.S ALIVE! NQ CONTEST II: ACCESS DENIED (1995) NAVIDAD Sll'I FIN MUMMY LIVES, THE (1996) NO ONII CAN HEA/l YOU (2001) NAVIGATING THE HEART (2000} MUPPET TREASURE ISlAND (1996) NO PLACE LIKE HOME (2001) NlilA ALL-STR 8 BEAD TO ACHIEVE MUPPETS 10 NO WAY OUl (1987) 102 MPAA CLAIWIED WORKS — 2003
NOCHE OE ESTRELLAS ONCE UPON A TIME IN CHINA V (1994) PAPA 2000 (1999)
NOISES OFF (1992) ONE DOWN, TWO TO GO (1982) PAPER BULLETS (1999)
NORTH [1994) QNE FINE DAY (1996) PAPER MOON (1973)
NORTH STAR (1996) ONE GOOD TURN (1996) PARADISE HOTEL
NORTHGATE MEDIA ONE IN A MILLION {1936) PARADISE LOST (1999)
NOT OF THIS EARTH (1995) ONE IN A MILLION: THE RON LEFLORE PARALLEL LIVES (1994} STORY (1978} NOTHING IN COMMON (1986) PARENT 'HOOD ONE MAN'5 WAR {1991) NOTICIAS UNIVISION PARENTS (1989) ONE ON ONE NOTICIERO UNIVISION PARKE RS, THE ONE TREE HILL NOWHERE IN SIGHT(2000) PASS, THE (1998) ONLY THE LONELY (1991) NOWHERE TO RUN (1993) PAS5ENGER 57 (1992} OPERATION Df LTA FORCE (1997) NUESTRA BELLEZA DE MEXICO PASSION'5 WAY (1999) OPERATION DUMBO DROP {1995) NVE5TRA NAVIDAD 2003 PATR lOTS (1994) OPERATION WAR ZONE (1989) NUTCRACKER: THE MOTION PICTURE PECATA MINUTA (1999) (1986) OP RAH WINF BEY PECKER {1998) NUTTY PROFESSOR II: THE KLUMPS (2000) ORBITREK PEDRO INFANTE ZVIVE? (1990} NUTTY PROFESSOR, THE (1996) ORCA (1977} PEEL AWAY THE POUNDS O.C., TIIE ORDINARY InAGIC (1993) PEOPLE'5 COURT, THE OCCASIONAL HELL, AN (1996) ORIGINAL GANGSTAS {1996) PEPSI SMASH ODD COUPLE, THE (1968) OTHER HALF, THE PEREGRINA [1980) ODD COUPLE, THE OTRA PERFECTAIR OJO POR OJO (1981) OTR0 R0 I.LO PERFECT ASSASSINS [1998) OJOS QUE NO VEN (1999) OUT FOR JUSTICE (1991) PERFECT CRIME (1997} OK MR. PANCHO (1979) OUTBREAK (1995) PERFFCT LIFE SKIN O'KFEFES, THE OUTER LIMITS, THE PERFECT LIFE OLD GRINGO (1989} OUTRAGEOUS CELEBRITY LOOK-ALIKE BEHAVIOR: CAUGHT ON TAPE PERFECT LIFT 7 OLIVER BEENE OVER THE TOP (1987) PERFECT LIFT SKIN RESTORE OLIVER TWIST (1997) OZZY & DRIX PERFECT LIFT OMEN IV: THE AWAKENING (1991) P. ALLEN SMITH GARDENS PERFECT PEOPLE (1988} ON DANGEROUS GROUND (1996) PAAWS 7 PERFECTSKIN ON DEADLY GROUND [1994) PAAWS PERFORMING AS... ON THE BORDER {1998) PACIFIC HEIGHTS (1990) PERMANENT MIDNIGHT(1998) ON THE SPOT PACT, THE (1999) PERRY MASON RETURNS (1985) ONCE A THIEF PADRE DE LA DEA PERRY MASON: THE CASE OF THE ALL-STAR ONCE BITTEN (1985) ASSASSIN (1989) PADRES CULPABLES ONCE UPON A CRIME (1992) PERRY MASON: THE CASE OF THF PALLBEARER, THE (3.996) AVENGING ACE (1988) ONCE UPON A TEXAS TRAIN (1988) 103 MPAA CLA)MED WORKS -200$
PERRY MASON: THE CASE OF THE DEFIANT PERSONS UNKNOWN (1996) PGNTIAC MOON [1994)'' DAUGHTER (1990) PET KEEPING WITH MARC MORRONE POPEIL INVENTIONS PERRY MASON: THE CASE OF THE DESPERATE DECEPTION (1990) PET SHOP WITH MARC MORRONE, THE POPEIL SHOW 2003
PERRY MASON: THE CASE OF THE FATAL PHANTASM (1979) POR TU MALDITO AMOR [1990) FASHION (1991) PHANTOM OF THE OPERA, THE (1925) PORKY'S II: THE NEXT DAY (1983) PERRY MASON: THE CASE OF THE FATAL FRAMiNG (1992) PHASE 3 PORKY'S REVENGE [1985)
PERRY THE MASON: THE CASE OF 6IASS PHASE 4 ORTHOTlCS VERSION 16 PORTRAITS OF A KILLER'(1996) COFFIN (1991) PHASE 4 ORTHOTICS VERSION 18 POSSE (1993) PERRY MASON: THE CASE OF THE HEARTBROKEN BRIDE (1992) PHASE 4 ORTHOTICS POWDER (1995)
PERRY MASON: THE CASE OF THE KILLER PHASE 4 POWER 90 KISS (1993) PHAT BEACH (1996) POWER JUICE PERRY MASON: THE CASE OF THE LADY IN THE lAKE (1988) PHOENIX THE WARRIOR (1988) POWER JUICER
PERRY MASON: THE CASE OF THE LETHAL PICA Y SE EXTIENDE POWER JUICING LESSON (1989)
PICARDIA MEXICANA(1978) i i i i PQWEROF JUICE PERRY MASON: THE CASE OF THE LOST LOVE (1987) PICARDIA MEXICANA POWER OF JUICING PERRY MASON: THE CASE OF Tl IE MALIGNED MOBSTER (1991) PRATES 2 POWER TOOL SYS IENI
PERRY MASON: THE CASE OF THE PIIATES POWER WITHIN, THE (1995) MURDERED MADAM (1987) PIRATE ISLANDS POWERHOUSE PERRY MASON: THE CASE OF THE MUSICAL MURDER (1989) PIRATES (1986) PRACTICE, THE
PERRY MASON: THE CASE OF THE PITTS, THE PREDATOR (1987) NOTORIOUS NUN (1986) PL SKIN RESTORE PREMIOS EL HERALDO 2002 PERRY fvlASON: THE CASE OF THE POISONED PEN (1990) PLAGUE, THE (1992) PREMIQS FURIA MUSICAL 2003
PERRY MASON: THE CASE OF THE RFCKLESS PLANES, TRAINS AND AUTOMOBILES PREMIOS OYE ROMEO (1992) (1987) PREMIOS TV Y NOVELAS PERRY MASON: THE CASE OF THE FIAT!NUM RUTHLESS REPORTER (1991) PRESIDIO, THE (1988) J'LATOO N (1986) PERRY MASON: THE CASE Oc THE PRESS RUN (1998) SCANDALOUS SCOUNDREL (1987) PLATO'5 RUN (1997) PRESUMED GUILTY (1991) PERRY MASON. THE CASE Oc THE PlAYERS CLUB 2 SHOOTING STAR [1986) PRESUMED INNOCENT (1990) PLAYERS CLUB, THE {1998) PERRY MASON: THE CASE OF THE SILENCED PRElTY WOMAN (1990) SINGFR (1990) POKEMON PRICE OF A BROKEN HEART (1999), PERRY MASON: THE CASE OF THE 5INISTFR PUUCE STORY (198!&) SPIRIT (1987) PRICE OF KISSING, THE (1997) POLICE STORY PART 2 (1988) Oc PERRY MASON: THE CASE THE SKIN- PRIMARY MOTIVE [2992) DEEP SCANDAL (1993) POLIC[A CYBORG 2 (1994) P5IMAI)Y SUSPECT, (2000 PERRY MASON: Oc THE TELL- THE CASE POLICIA CYBORG TRES (1996) TALE TAlK SHOW HOST (1993) PRIME CUT (1972) POLTERGEIST [1982) PERRY MASON PRIMER FESTIVAL DE MARIACHI DESDF. POLTERGEIST 8 (1986) DISNEY PERSONALS (1990)
POLTERGEIST BI (1988) PRIMER IMPACTO EXTRA 104 MPAA CLAiMED WORKS — 2003
PRIMER IMPACTO: EDICION ESPECIAL PROFITS RAIN MAN (1988)
PRIMER IMPACTO: FIN DE SEMANA PROlvllSED LAND RAINBOW DRIVE (1990]
PRIMER IMPACTO PROSTRONG RAISED AEROBED
PRINCE OF TIDES, THE (1991) PROTECTOR (1998) RAMBO III [1988)
PRINCESS CARABOO (1994) PROVIDENCE RAMBO: FIRST BLOOD PART II (1985]
PRINCIPAL SECRET 8 PUERTA..JOVEN {1949) RANGE OF IvlOTION (2000)
PRINCIPALSECRET PUMP UP THE VOLUME (1990} RANGER 3: LEY MORTAL (1995)
PRINCIPAL SFCRETS 8 V.6 PUMPKINHEAD It: BLOOD WINGS (1994) RANGER II
PRO 6 PURO LOCO, PICOSOY SABROSO RANGER: MUERTE EN TEXAS [1993)
PRO ACTIVE PURO LOCO RAPID FIRE (1989)
PRO SOLUTIONS PYRAMID RAPTURE, THE (1991)
PRO STRONG Q GRILL 10 RATS(2001)
PROACTIV 10 Q GRILL 8 RAVEN HAWK (1996)
PROACTIV 6 Q GRILL V.B RAW DEAL (1986)
PROACTIV 7 V.l W/Iv)USIC Q GRILI. READY TO RUlviBLE (2000)
PROACTIV 7 V.S QUADRA FILTER REAL UFE 101
PROACTIV 7 VERSION 10 QUADRA VS REAL MEN (1987)
PROACTIV 7 QUADRA V6 REBA
PROACTIV 8 V4 QUADRA REBECA
PROACTIV 8 QUANDRA VERSION 6 REBECCA'5 GARDEN
PROACTIV BV6 QUE SODAS RECESS: SCHOOL'5 OUT (200l)
PROACTIV SOLUTIONS QUE BRAVAS SON LAS SOLTERAS [1975) RECESS
P ROACTIV Quf LOCURA RECIPE FOR MURDER (2001)
PROACTIVE 7 QUEST FOR THE MIGHTY SWORD (1990} RECIPE TV
PROACTIVE 8 V4 QUEST I: A NEW MEDAL STANDARD, THE RED 60'5 GOLD
PROACTIVE BV.6 QUEST I: WORLD 5UPERPIPE RED AUTOI.OCK CHAIVIPIONSHIPS, THE PROACTIVE CLUB RED CORNER (1997) QIJEST II: SUPER SERIES, THE PROACTIVE SOLUTIONS 7 VERSION 1 RED HEAT (1988) QUEST II: U.S. SKI 5 SNOWBOARD TEAM'5 PROACTIVE SOLUTIONS 7 VERSION 5 GOLD RUSH RED LINE (1996)
PROACTIVE SOLUTION5 7 QUINCY, M.E. RED RIDING HOOD (1987)
PROACTIVE SOLUTIONS 8 V.4 QUIZ KIDS RED SIXTIFS GOLD
PROACTIVE SOLUTIONS QUIZ SHOW [1994) REDLINE {1997)
PROACTIVE REFLEX ACTION (2001)
PROFESSIONAL BULL RIDING RAGE AND HONOR (1992) REIVERS, THE (1969) CHAMPIONSHIP RAGE IN HARLEM, A (1991) REJUVENIQUE SHOW 9 PROFILER RAGTIME (1981) REIUVENIQUE PROFITS BECK 105 MPAA ClAIMED WORKS -2003
RELENTlESS BI (1993) RHYTHM AND BLUES RONCO
REPUBLICA DEPORTIVA RICH DAOTRIALOFFER. ROOKIE, THE (1990)
REQUIEIVI FOR MURDER (1998) RICH DAD TRIAL ROOMMATES (1995)
RESCUE HEROES: GLOBAL RESPONSE TEAM RICH DAD, POOR DAD: YOU CAN CHOOSE ROSEANNE TO BE RICH RESCUERS, THE (1977) ROSWELL (1994) RICH DAD REST FORM AIRBED ROTOZIP SllVER EDITION RICKI lAKE RESTFORM BED ROTOZIP RICKY MARTIN: EN LA INTIMIDAD RESTORE 4 2ND KIT FREE ROUTE 9 (1998) RID LOBO ( J970) RFSTORE 4 DELUXE RESTORATION KIT ROYCE(1994) RIPLEY'5 AUNQUE USTED NO LO CREA RESTORE 4 DELUXE RUBY JEAN AND JOE (1996) RIPLEY'5 BELIEVE IT OR NOTI RESTORE 4 RUDYARD KIPUI'JG'5 THE JUNGLE BOOK RISING SUN (1993) (1994) RESTORE DELUXE RISK FREE RAISED AE ROBED RUN OF THE HOUSE RESURRECTION (1999) 'ITES OF PASSAGE (1999), RUSSKIES (1987) RESURRECTION BLVD. ROBIN HOOD: MEN IN TIGHTS (1993) SABADO GIGANTE RETEN DE LA MUERTE (1993) ROBIN HOOD: PRINCE OF THIEVES (1991) SABOTAGE(1996) RETRATO DE I'AMIUA ROBINSON CRUSOE (1996) SABRINA (1954) RETRIEVEI5, THE (2001) ROCK ME BABY SABRINA, THE ANIMATED SERIES RETURN OF THE CHAMPIONS 2002 ROCKFORD FILES SABRINA, THE TEENAGE WITCH
RETURN OF THE CHAMPIONS ROCKY (1976) SECRET LIFE 'ABRINA'S RETURN OF TI.IE MUSKETEERS, THE (1989) ROCKY II (1979) SACRED HEARTS (1985) RETURN OF THF STREET FIGHTER (1976) ROCKY V (1990) SALAD EXPRESS GRILL RETURN TO GREEN ACRES (1990) RODEO SALTD AL VAC(O (1994) RETURN TO MACON COUNTY (1975) ROLLING STONES SALTON 6 RILL WITI I BONUS ROASTER RETURN TO MAYBERRY (1986) ROMANCING THE STONE (1984) SALTON MAXIM RFUNION (1989) ROMANTICA OBSESION SALTON MEDIA REV. POWER 90 RON HAZELTON'5 HOUSE CALLS SANFORD AND SON REVANCHA (1990) RONCO CHRISTMAS SANTA CLAUSE, THE (1994) REVENGERS, THE (1972) RONCO INVENTIONS SANTA FE (1997) REVISED COUNTRY GOLD RONCO PRO SHOW SAVE THE LAST DANCE (2001) REVISED FRESH START RONCO SHOW 7003 WEST SCARRED CITY (1998) REVISED JAKE RONCO SHOW 2003 SCHEMES (1995) REVISED JD I'RESH START RONCO SHOW CHRISTMAS SCI-f IGHTERS (1996) REVISED POWER 3X19 RONCO SHOW SCOOBY IL SCRAPPY-900 SHOW, THE REVISED POWER 90 3XS19 RONCO SHOWTIME ROTISSERIE 5 BBQ SCOOBY-DOO CHRISTMAS,.A REVISED POWER 90 3X19 RONCO SHOWTIME SCOOBY-DOO HALLOWEEN, A REVISED POWER 90 RO NCO ST100 SCOOBY-DOO, WHERE ARE YOUI 106 MPAA CLAIMED WORKS — 2003
SCOPE SHARK WET DRY SICILIAN THE (1987)
SCREAM 2 (1997) SHARON OSBOURNE SHOW, 'lHE SIDEKICKS (1993)
SCROOGE {1970) SHATTERED {1991) SILENCE OF ADULTERY, THE (1995)
SCRQOGED (1988) SHE SPIES SILENCERS, THE (1996)
SECOND ABS 2X2995 SHE-DEVIL (1989} SILENT HUNTER (1994)
SECRETADMIRER (1985) SHEER COVER 2 51LICON TOWERS {1999)
SECRET RAPTURE, THE (1993) SHEER COVER 4 SILVER EDITION
SECRETS TO PLAYING GREAT GUITAR SHEER COVER SIMPLE LIFE, THE
SECUESTRO (1994) SHERLOCK HOLMES IN THE 22ND CENTURY SIMPSON5, THE
SECUFSTRO SALVAIE (1992) SHE'5 THE ONE (1996) SIN L(MITE (1994)
SEEDS OF DECEPTION (1994) SHIPMATES SINALOA, TIERRA DE HOMBRES {1994)
5 ELNFELD SHOP AMERICA 39.95 SLNCE YOU'E BEEN GONE {1998}
SEPARATE LIVES (1995) SHOP THE WORLD SINGER AND SONGWRITER
SEWING GENIE SHORT TIME (1990) SINGERS AND SONGWRITERS
SEXOS EN GUERRA SHOW 2003 CCT SINGERS FOLK YEARS
SEXTO HOMBRE (1997) SHOW 2003 SINGLES (1992)
SHAMAN KING SHOW 2003W SISTER ACT (1992)
SHARE CAM SHOW 3 CCT SIX SECOND ABS
5HARK4 PAY SHOW 3 WES SIX WEEK BODY MAKEOVER
SHARK CORDLESS SWEEPER SHOW 3 WEST SIX WEEK CHALLENGE
SHARK COR DLES5 SHOW 3 SIX WEEK LEGS
SHARK IN A BOTTLE (1998) SHOW CCT SIXTEEN CANDLES (1984)
SHARK MCM SHOW CHRISTMAS SIXTIES GOLD
SHARK PRO STEAM CLEANER SHOW DE LA COMEDIA SLXTIES
SHARK PRO STEAM SHOWDOWN IN LITTLE TOKYO (1991} SKATE AMERICA
SHARKPRO SHOWTIME 2003 SKEETER (1994)
SHARK PROSTREAM CLEANER SHOWTIME 3 5 K ELE'TONS (1997)
SHARK STEAM SHOWTIME AT THE APOLLO (SPLIT) SKETCHES {1992)
SHARK STICK 2 SHOWTIME AT THE APOLLO SKI SCHOOL (1990)
SHARK STICK 3X19.99 SHOWTIMF CHRISTMAS 2003 SKI SCHOOL 2 (1994)
SHARK STICK VAC SHOWTIME CHRISTMAS SKI 'IV
SHARK STICK VACUUM SHOWTIME GRILL XMAS SKIING
5 HARK SWEEP 4X19 SHOWTIME IN HARLEM SKIN DEEP [1989)
SHARK SWEEP SHOWTIME ROTISSERIE SKIN RESTORE
5HARK SWEEPER 4X19 SHOWTIME SKIN
SHARKSWEEPER SIBLING RIVALRY (1990) SLEEPING BEAUTY (1987)
107 MPAA CLAIMED WORKS -2003
SLEEPING WITH THE ENEMY(1991) SOUL FOOD (1997) STAG (1997)
SLIM 6 SOULTRAIN CHRISTMAS STARFEST STAR TREK: DEEP SPACE NINE
SLIM IN 6 SOUL TRAIN LADY OF SOUL AWARDS STAR TREK: ENTERPFBSE
SLIM IN SIX EXPRESS SOUL TRAIN MUSIC AWARDS STAR TREK: VOYAGER,
SLIM IN SIX SOUL TRAIN STAR WARS (1977)
SLIM IN6 EXPRESS SOUNDER (2003) STARCROSSED (1985)
SLIM SOUNDS OF THE '605 STARGATE INFINflY SLYMARK OF THE '705 'OUNDS STARGATE SG-1
SMALLVILLE SOUNDS OF THE '80S STARHUNTER
SMC KEVINS REMEDY SOUTHERN COMFORT (1981) STARSKY AND HUTCH SMC STARTFAST Bc EASY SOUTHERN CROSS (1999) FAST & EASY 'TART
SMC STARTS RI6HT AWAY SPACE MUTINY'(1988) START TODAY WITH 5MC
SMC USA SHOW SPACE RAGE (1986) STARTING OVER: SPECIAL PREVIEW
SMC USA SPAWN (1997) STARTING OVER
5NIC SPECIALS, THE (2000) STATE OF GRACE (1990)
SNOW KILL (1990) SPECIALlY MERCHANDISE STATE POLICE
SNOW WHITE (1987) SPL'CIES (1995) STATIC SHOCK
5NOWBOUND: THE JIM AND JENNIFER SPECIMEN (1996) I I I I I ISTEAIIING HOME (1988) STOLPA STORY (1994) SPIN CITY (NON-NETWORK) STEAM BLPSTER SNOWS OF KILIMANJARO, THE (1952) SPM NEIGHBORHOOD SMC STEPI IEN KING'5 SLEEPWALKERS (1992) SO YOU WANT TO BE...
SPORTSMAN'5 DREAM KNIVES STEVE HARVEY SHOW, THE . SOAP WORKS SPRING BREAK(1983) STEVE HARVEY'5 BIG TIME SOBREVIVIRE (1999) SPY (1989) STICK SHARK SOFT KILL, THE (1994) SPY HARD (1996) STIR (1997) SOLDIER BOY2 (1995) SPY WHO LOVED MF„THE (1977) STONE COLD TRUTH, THE SOLDIER'5 TALE, A (1989) SQUEE2E, THE (1987) STORM CHASERS: REVENGE OF THE SOMEBODY IS WAITING (1996) TWISTER (1998) ST 100 CCT SOMETHING BIG (1971) STORY LADY& THE (1991) ST 100 WEST SOMEWHERE TOMORROW (1983) STRAKIHT TALK (1992) ST 100 SONIC UNDERGROUND STREET FIGHTER'5 lAST REVENGE, THE ST. JUDE CHILDREN'5 RESEARCH TELETHON (1977) SONIC X ST. JUDE: A STORY OF HOPE STREET HEAT SON)005 ST. JUDE'5 CHILDREN'S HOSPITAL STREET SNIARTS SONIDOS: VOLUME 1: AWARD WINNERS 5PFCIAL ST. JUDE'5: TIME TO UVE STRICTLY BUSINESS (1991)
SONIDOS: VOLUME 2: HOLIDAY MUSIC ST. PATRICK'5 DAY PARADE STUPID BEHAVIOR CAUGHT ON TAPE 6UIDF. ST100 WES SUBLET (1999) SOR TEQUIIA (1977) ST100 SUCCESS IS THE BEST REVENGE (1984) SORRY, WRONG NUMBER (1989) 108 MPAA CLAN/lED WORKS -2003
SUDDEN LIFT TEMPUR VIDEO BROCHURE TIME LIFE MUPPETS
SUDDENLY SUSAN TEMPUR TIME LIFE MUSIC
'N SUE THOMAS: F.B.EYE TEMPURPEDIC TIME UFE ROCK ROLL
SUMMER FILM PREVIEW TENDER, THE (1994) TIME LIFE SOUNDS OF THE '705
SUNCHASER, THE (1996) TEQUILA SUNRISE (1988) TIME LIFE
SUNSET PARK (1996} TERMINAL ERROR (2001) TIME TD LIVE
SUPERCOP 2 (1993) TERMINAL JUSTICE (1995') TIME TO SAY GOOD BYE7 (1997)
SURREAL LIFE, THE TERMINAL RUSH (1995) TODAY'5 HOMEOWNER
SURVIVING PICASSO (1996) TERMINATOR 2: JUDGMENT DAY (1991) TODD POR AMOR
SVN1 TIME LIFE ULTIMATE 705 TESORO MALDITO (1992) TODD SOBRE CAMILA
SWEEPERS (1999) TEXAS JUSTICE TOM AND HUCK (1995)
SWEET LORRAINE (1987) THAL[A: LA TRAYECTORIA TOM INFOMERCIAL
SYLMARK THANE INTERNATIONAL GOURMET FOOD TOMBSTONE (1993) STYLER TABLE FOR ONE (1999) TONIGHTSHOW THAT '705 SHOW SPECIAL TABLF FOR ONE, A [1999) TDNY CHOPPER THAT '705 SHOW TACOS AL CARBON [1971) TONY LITTLE PURE THERE'5 AN A IN JUIY TAE BO 539.95 TONY LITTLE THERE'S AN A TAE-BO TONY'SCHOPPER 2CC THERE'S SOMETHING ABOUT MARY [1998) TAKEN [1998) TONY'5 CHOPPER V1 THIN UNE BETWEEN LOVEAND HATE, A TALL TALE [2995) (1996) TONY'5 CHOPPER V2
TANGO Bt CASH [1989} THIS OLD HOUSE TONY'5 CHOPPER
TARZAN (1999) THIS WEEK IN BASEBAlL TOO CLOSE FOR COMFORT
TARZAN (CARTOON) THREE STOOGES, THE TOO MUCH [1987)
TARZAN THREE'5 COMPANY TOP DOG (1995)
TAXI THUNDERBOX TOP OF THE WORLD [1998)
TAXMAN, THE (1999) THUNDERHEART (1992) TORIYADO
TEACH ME TO TRADE STOCK MARKET THUNDERSTICK CHRISTMAS TORRENTI: MISION EN MARBELLA (2001) INVLSI ING THUNDERSTICK PRO TOTAL BODY TRAINER TEACH ME TO TRADE THUNDERSTICK VER. 7 TOTAL GYM 6 WFST TEEN TITANS THUNDERSTICK TOTAL GYM 6 TEEN WOLF (1985) TIGER WARSAW (1988) TOTAL GYM 8 TEENAGE MUTANT NINJA TURTLES TIGGER MOVIE, THF. (2000) TOTAI. GYM RFT FREE MH TELLING LIES IN AMERICA (1997) TILIA TOTAL GYM TEMPTATION ISLAND TIME LIFE 60'5 TOTAL RECALL (1990) IEMPUR PEDIC WITH LOUNGE TIME LIFE 80'5 TOTAL TROLLEY ST1 TEMPUR PEDIC WITH PILLOW TIME LIFE FOLK MUSIC TOTALTROLLEY V2 TEMPUR PEI2IC 10S FI{) PAA Cl-AI NEO WORKS — 2ID03
TOTAL TROLLEY TWILIGHT ZONE, THE URBAN STYLE
TOUCH OF MURDER, A (1990) 1 WIST OF FATE (1998) IUSA SHOW
TRACKS OF GLORY (1992) 'TWO HANDS (1999) IUSED PEOPLE (1992)
TRADE OFF (1995) 'INYO MUCI.I (1996) IJSUAL SUSPECT'.i, THE (1995)
TRAGEDIA EN WACO, TEXAS (1993) 'liWO SMAL'L VOICES (1997) VAC 500
TRAS IAVERDAD ;iWOGETHER (19'.94) VACACIONES EN EURCIPA (1985)
TR'EES LOUNGE (1996) U.S. FARM REPORT VALENTINE (20011
TRES NINJAS CONTRA-ATACAN (1994) U 5. OLYMP'IC GCILD VANISHING POINT (1997)
TRIAl (L ERROR (1993) IJ.S. SIEALS I! (2001) VA RSII1Y BLUES {.1999)
TRIAL AND ERROR (1997) IJLTIIVIATE 705 VELD DE N(7VIA
TRIAL BY MEDIA (2000) IJLTIII/IATE 70'5 VENTURE MEDIA
TRIAL OF OLD DRUM, THE (2000) ULTIIVIATE BETRAYAL (1994) VER PARA CBEEB
TRIATHLON ULTIMIATE CHOICE VERDUGO f)E TRAIDOI3ES
TRIATHLON: XTERRA USA CHAMPIONSI4IPS ULTIMATE CHOPI'ER VERY SBAOY CHIIISTMAS, A (1988)
TRIPFALL (2000) ULTIIVIATE MUSCLE: TtlE KlhlNIKUMAN VERY WOMPKEE CHRISTMAS LEGACY TRIUMPH OF THE SPIRIT (1989) VICENTE FERNAhlDEZ: EL CI.IARRO DEL ULTIIVIATE 'i EVE NTIES PUEBILO TROJAN EDDIE (1996) ULTIMIATE VICTOR/VICTORIA (19IBZ) TROLL (1986) ULTRAMAN TIGA V! E1O ZORB 0 (2000) TRU CALLING ULTRAVECT ION OVEN VIRTUAL SEDUCTION (1995) TRUCKS {199/I ISN HOMBRE LLAMADO EL DIABL(7 (1983) VIRUS (199!») TRUDEAU FREE OFFER IJN MIJ NDC) RARO (20I71) V IS IOINS (1996) TRUE BLOOD {1989) IJNDER FIRE (1983) VISIO'NS OF TERROR (1994) TRUE CONFESSIONS (1981) IJNDER PRESSURE (19ll7) VITA POWER TRUE CRIME (1995) IJNDEB PRESSURE {1999) VITAL B 100 TRUE HEART (1997) IJhlDER SIE&&E (1992) VITAL GAS{ID
TR LIE I IES (1994) IJNDERTOW (1996) VITAL FACTOR TRUE SLEEPER V3 IJNEXPLAIFJIFD MYSTEIBES VITAI. FACTORS TRUE SLEEPER IJNI'AITHFLILLY YOURS (1984) VITAPOWER TRUE SLUMBER IJ NEO RGETTABLE (1996) VIVA EL JUEGO DE LA VIDA TRUTH ABOUT CATS & DOGS, THE (19&16) UNFORGIVEN (1!392) VIVO POR ELENA TU DESAYUNO ALEGRE UNIVI'.RSAL SOLLIIER: THE RETURIN (1999) VOGUE 2003 TREND WATCH TU HISTORIA DE AMOR 'UNPLUGGED VOLCANO (1997) TU MUSICA UNSTR UhlG HERI7ES (1995) VOLKANO TU YYO UP CLOSE PL PERSONAL {1996) WAGONS EASTI (1994) TURN IT UP (2000) UPN"i FUNKY FLIJBS WALKER, TEXAS RANGER TV'5 FLINNIEST GAME SHOW MOMENTS 2 URBAN LATINO 'IV WALKMILL 110 IVIPAA CLAIMED )I)/OAKS — 2003
-- WALL STREET JOURNAL REPORT WITH WHIPPED (2008) WINSTON CUP SERIES SAMSUNG/RADIO MARIA BARTIROMO SHACK 500 WHITE CHRISTMAS (1954) — WALL STAFET JOURNAL REPORT WINSTON CUP SERIES SIRIUS SATELLITE WHITE FURY (1990) RADIO'400 WALTER Y LAS ESTRELLAS SALVA)ES — WHITE HUNTER, BLACK HEART(1990) WINSTON CUP SERIES SUBWAY 400 WANDA AT LARGE WHITE SQUALL(1996) WINSTON CUP SERIES — UAW-DAIMLER WANTED (1999) CHRYSLER 400 Vl)HO WANTS TO BE A MILLIONAIRE CUP SERIES -VIRGINIA 500 WAA BETWEEN IYIEN AND WOMEN, THE W)NSTON (1972) WHO'5 THE 8055? WINTER GUEST. THE (1997) WARGAMES (1983) W)LD ABOUT ANIMALS WINTER SPORTSCAST WARLOCK III: THE END OF INNOCENCE WILD AMERICA (1999) WITH FRIE)405 LIKE THESE... (1998) WILD HEARTS CAN'T BE BROKEN (1991) WATER DAMAGE (1999) WITH SIX YOU GET EGGRO).L (1968) WILD MOMENTS WAYNE BRADY SHOW, THE WITH STYLE WILD, WILD WEST, THE WB'5 OUTRAGEOUS OUTI'AKES, THE WITNESS (1985) W)LL a GRACE WE HAVE A DREAM W)2AAD OF OZ, THE (1939) WiND (1992) WE THE JURY WMAC MASTERS WINDSOR PIIATES WEAKEST LINK WOO (1998) WINDSOR PROTOCOL, THE (1996) WEDD)NG SINGER, THE (1998) WORLD IDOL WINNEA, THE (1996) WEEKEND AT BEANIE'5 (1989) WORLD'5 WILDEST POLICE CHASE5 WINNING CASH FLOW WEEKEND AT BERNIE'5'll (1993) WORLD'5 WILDEST POLICE VIDEOS W)NNING IN CASH FLOW WEEKEND VIBF. WORTH WINNING (1989) WINNING )N THE CASH FLOW BIZ WEST WING, THE WRAITH, THE (1986) WINNING IN THC'CASH FLOW BUSINESS WESTINGHOUSE UNPLUGGED WRONG MAN, THE (1993) WINNING IN THE CASH FLOW WHAT I LIKE ABOUT YOU WWE AFTER BURN W)NSOR PILATFS II V 1A WHAT'5 NEW SCOOBY-DOO? WWE BOTTOM LINE WINSOR PILATES V2 WHAT"'5 UP, OOC? (1972) WW6 SMACKDOWN I WINSOR PILATES WHEEL OF FORTUNE X-FILE5, Tl.IE WINSTON CUP SERIES — AARON' 499 WHEELS OF TEAAOR (1990} XIAOL) N SHOW DOWN WINSTON Cur SERIES — ATLANTA 5OO WHEN ANIMALS ATTACK )V X-MEN (2000) WINSTON CUP SERIES — AUTO CLUB 500 WHEN HUSBANDS CHEAT (1998) X-MEN: EVOLUTION WINSTON CUP SERIES — BUDWEISER WHEN INNOCENCE IS LOST {1997) SHOOTOUT XTERRA'U.S SKI CHAMPIONSHIPS
WH EN THE PARTY'5 OVER (1992) WINSTON CUP SERIES -- CAROLINA DODGE Y S)GUE LA FUR)A DANDO 2003 DFALEAS 400 WHERE SLEEPLNG DOGS LIE (1992) YEAR IN SPORTS, THE W1NSTON CUP SERIES -- COCA-COLA 600 WHERE THE TRUTH LIES (1999) YEAR OF THE DRAGON (1985) WINSTON CUP SERIES -- DAYTONA 500 WHERE THERE'S A WILLTHEAE'5 AN A YELLOW SKY (1948) WFNSTON CUP SERIES — DODGE/SAVE WHERE TRUTH LIES (1996) MART 3SO YESTERDAY'S TARGET (1996)
WHILE YOU WERE SLEEPING (1995) WINSTON CUP SEA)ES — FOOD CITY 500 YOUNG GUNS (1988)
WHIPLASH TV WINSTON CUP SERIES-- POCONO 500 YOUNG GUNS II (1990) 111
APPENDIX D NIELSEN DIARY STUDY SAMPI E STATIONS, 2000 I' -.I I CALL SIGN CH CITY STATE TYPE KABC 07 LOS ANGELES - CA l N KARK 04 LITTLE ROCK AR IN KATV . F07 (LITTLE ROCK 'AR N KBWB 20 SAN FRANCISCO CA KCAL,09 LOS ANGELES CA il KCNC ~04; DENVER 'CO N KCOP 13 LOS ANGELES 'A .I KCRA 03 SACRAMENTO . CA N
KDKA &02 .PITTSBURGH I PA N 'SAN CA N KGO ! 07 FRANCISCO I KICU:36 ''.SAN JOSE ICA I KMBC 09 'KANSAS CITY; MO N KMGH 07 DENVER CO N KMSP 09 MINNEAPOLIS MN I KNBC 04 LOS ANGELES CA N
KPIX ~05 ! SAN FRANCISCO CA 'N I KPI R l11 ST LOUIS MO . I KPTV 12 'PORTLAND OR I KRON 04 SAN FRANCISCO .CA N " KSDK 05 ST LOUIS: MO N KSHB 41 KANSAS CITY MO N KTHV !11 ':LITTI.E ROCK AR N KTLA:05 . LOS ANGELES CA I KTNC 42 CONCORD CA I KTVU 02 OAKLAND CA. I ' KTXL 40 'ACRAMENTO CA KUSA 09 DENVER, CO N KWGN 02, DENVER CO ii KXTX 39 DALLAS I KYW 03 PHILADELPHIA'X'PA N WAGA .05 ATLANTA GA I WBAL 11 BALTIMORE MD N WBNS 10 COLUMBUS OH (N WBPX 68 BOSTON MA I
WBRC 06 BIRMiNGHAM 'AL I I WBRE 28 ,'WILKES-BARREBSCRANTN PA 'N WBZ '04 BOSTON:MA N WBZL 39 MIAMI FL I WCAU 10 PHILADELPHIA PA IN WCFT 33 'TUSCALOOSA AL i N WDCA 20 WASHINGTON DC I WDIV '04 DETROIT l MI N WFAA 08 DALLAS TX N WFLD 32 CHICAGO IL I WFQX 33 'ADILLAC MI I WGCL '46 ATLANTA . GA IN WGN 09 CHICAGO IL I WHUB (66 MARLBOROUGH,'MA II WIAT 42 BIRMINGHAM AL N
Page 1 of 10 APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2000 I I CA'LL SIGN 'ICH CITY ..STATE JTYPE WIS j10 COLUMBIA SC 'N WISN 12 . MILWAUKEE, tWI N WITN 07. WASHINGTON I NC N WJZ l3 BALTIMORE MD N
WKBD 50 'ETROIT Ml ~l
WKRN '2 .NASHVILLE N 1'KYT 'TN . 27 LEXINGTON . KY N WLVI (56 CAMBRIDGE I
'A. 'NY WNBC 04 NEW YORK N WNYW 05: NEW YORK NY I WPHL '7 PHILADELPHIA PA )I WPIX 11 NEW YORK NY: I WPSG '.57I,PHILADEI PHIA 'PA I WPVI .06 'PHILADELPHIA . PA N WPXI PITTSBURGH PA WRIC 08 1RICHMOND-PETERSBURG ~VA N WSB 02 ATLANTA GA N
WSBK 38 . BOSTON 35 ERIE PA N WSYX 06 COLUMBUS OH WTAE 04 PITTSBURGH .PA WTMJ 04 MILWAUKEE Wl N
WTRF 07 WHEELING . WV . N ~ WTVD 11 DURHAM-RALEIGH-FAY 1NC N WTXF (29 PHILADELPHIA PA I WUAB &43 CLEVELAND (LORAIN ) 'H I MA I WUNI '27 WORCESTER . I WUSA 09 WASHINGTON ~DC N WVTV l18 MILWAUKEE,, Wl I WWOR 109 'NEW YORK 'NY .I WXIA 11 ATLANTA N
'A I WXIX 19 CINCINNATI, OH (
Page 2 of 10 APPENDIX D NIELSEN DIARY STUDY SANIPLE STATIONS, 2001 -! CALL l SIGN 'CH CITY ~STATE 'TYPE
KABC 07 LOS ANGELES "CA ., N KARK 04 LITTLE ROCK AR:! N KATY 07 . LITTLE ROCK IAR IN
KBWB 20 j SAN FRANCISCO CA KCAL 09 CLOS ANGELES . CA I KCNC 04 'ENVER CO N KCOP .13 LOS ANGELES CA II KCRA 03 i SACRAMENTO CA N KDKA 02 PITTSBURGH PA N KFOR 04 )OKLAHOMA CITY OK N . KGO 07 ! SAN FRANCISCO .'CA N KICU 36 SAN FRANCISCO - SAN JOSE 'CA I KMBC 09 KANSAS CITY MO N KMGH 07 DENVER 'CO N ~ L. ! MN II KMSP 09 MINNEAPOLIS -I KNBC,04 'LOS ANGELES CA 'N I KPLR '11 'ST LOUIS MO I ' KPTV 12 i PORTLAND, OR OR KRON 04 'SAN FRANCISCO 'CA N KSDK 05 ST LOUIS MO N KSHB '41 .KANSAS CITY MO:! N KSTW 11 ! SEATTLE - TACOMA WA ! I KTHV 11: I ITTLE ROCK AR N KTLA (05 LOS ANGELES,CA I KTNC l42 SAN FRANCISCO (CONCORD) 'CA I KTVU 02 SAN FRANCISCO - OAKLAND CA I
KTXL:40 I SACRAMENTO CA I KUSA 09 DENVER CO N
KWGN !02 DENVER CO I KWTV 09 /OKLAHOMA CITY OK 'N KXTX, 39 DALLAS . TX
KYW 03 'PHILADELPHIA . PA N WAGA,05 .ATLANTA . GA I I WALA 10 MOBILE AL I ~ I
WBAL J11 I BALTIMORE MD ~N WBNS '10 'COLUMBUS OH N WBRE l28, WILKES-BARRE - SCRANTON PA N 'BZL N WBRZ 02 I BATON ROUGE ~LA
WBZ 04 +BOSTON I MA N I 39 'IAMI FL . I WCAU .10 PHILADELPHIA IPA .N WCCO 04 MINNEAPOLIS iMN iN
WCMH 04 COLUMBUS IOH ! N WCVB 05 BOSTON MA N WDCA:20 WASHINGTON, DC DC, I WDIV 04 DETROIT MI N WDRB '41 LOUISVILLE KY I WFAA ~08 DALLAS TX N WFLD 32, CHICAGO IIL I
Page 3 of 10 APPENDIX D NIELSEN DIARY STUDY SAIIPLE STATIONS;2001
CALL .:1
SIGN CH CITY I STATE TYPE - WFQX 33 TRAVERSE CITY CADILL'AC., Ml I WGAL:08 HARRISBURG -LANCASTER PA N WGCL 46 ATLANTA 'GA N
WGN 09 ICHlCAGO IL I . .. . WIAT ! 42 TBIRMINGHAM.,:.. AL N WIS 10 i COLUMBIA, SC SC N
WISN MILWAUKEE . WI N 12, ' WITN 07 WASHINGTON, NC NC
WJZ 13 BALTIMORE . MD; N WKBD 50 DETROIT Ml . I
WKPT 19 TRI CITIES (KINGSPORT) TN N WKRN '02 NASHVILLE , ' WKYT 27 LEXINGTON i KY N
WLTV 23 MIAMI IFL I
WLYH .15 'ARRISBURG -LANCASTER PA I J J
WMAR 02 'ALTIMORE . MD WNBC 04 INEW YORK NY WNWO 24 TOLEDO OH WNYW 05 NEW YORK NY WPCB,40 PITTSBURGH (GREENSBURG) 'PIX
WPGH;53 : PITTSBURGH PA I WPHL 17 PHILADELPHIA PA I
'11 . 'EW YORK 'Y I - WPMT '43: HARRISBURG YORK: PA I WPSG 57 PHILADELPHIA, PA I I WPTY 24 IMEMPHIS TN IN
WPVI 06 'PHILADELPHIA PA I N WPXI 11 PITTSBURG PA ' WRC I04 WASHINGTON DC DC N WRIC ~08 RICHMOND-PETERSBURG VA . N WS8 '02 ATLANTA GA N
WSBK 38 BOSTON i I WSEE 35 ERIE 'APA N WSYX 06 COLUMBUS OH . N
WTAE 04 . PITTSBURGH . PA N WTAJ 10 JOHNSTOWN - ALTOONA PA N WTMJ '04 MILWAUKEE... WI N WTTG 05 WASHINGTON, DC DC I WTVD '11 RALEIGH-DURHAM, NC N WTXF '29 PHILADELPHIA PA jl
WUAB 43 CLEVELAND -LORAIN OH I I
WUNI 27 BOSTON - WORCESTER MA I WUSA 09 WASHINGTON, DC '.DC N
WVTV 18 'ILWAUKEE . Wl I WWBT 12 RICHMOND VA N
WWOR 09 NEW YORK NY I ' WXIA 11 ATLANTA GA WXIX 19 CINCINNATI;OH I
Page 4 of 10 APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2 — --1-- CALL I--I SIGN CH CITY STATE !TYPE KABC 07 LOS ANGELES CA N KARK 04 'LITTLE ROCK AR N
KATU . 02 . PORTLAND OR KATV 07 LITTLE ROCK AR TN KBHK 44 SAN FRANCISCO CA 1I
KCAL 09 LOS ANGELES CA . I KCBS 02 LOS ANGELES CA KCNC 04 'DENVER CO
KCOP .13 .LOS ANGELES ;:CA I KCRA 03 SACRAMENTO ::CA N
KDFW 04 DALLAS TX I KDKA 02 PITTSBURGH PA .N KETV ,07 OMAHA NE;N I KFOR '04 OKLAHOMA CITY OK *:N
KGO 07 SAN FRANCISCO CA I KGW 08 PORTLAND OR KICU 36 SAN JOSE CA KMBC 09 .KANSAS CITY MO L.N KMGH 07 DENVER KMSP 09 MLNNEAPOLIS !MN KMTV 03 OMAHA NE 'N KNBC 04 LOS ANGELES CA N KPLX 05 SAN FRANCISCO CA N
KPLR:11 ST LOUIS MO I KPTV 12 PORTLAND OR I
K RON 04 SAN FRANCISCO CA I KSDK 05 ST LOUIS lMO N KSH8 41 KANSAS CITY MO N KSL 05 SALT LAKE CITY UT N - - —- — —— — -I-- KSTW 11 TACOMA IWA I KTHV 11 'ITTLE ROCK AR N -- — l"". KTLA .05 LOS ANGEI ES ,CA I KTNC 42 CONCORD 'CA 'I
KTVU 02 OAKLAND CA
KTXL 40 SACRAMENTO ICA I KUSA DENVER :,CO:N'A 09; T KUVS ! 19 MODESTO I
02 :DENVER :,CO I OK N KWTV 09 I OKLAHOMA CITY
KXTX 39 DALLAS TX I KYW 03 PHILADELPHIA PA IN WAFB 09 . BATON ROUGE LA WAGA,'05 ATLANTA GA
WALA, 10 MOBILE AL I WBAL I11 BALTIMORE MD N WBBM '02 CHICAGO IL N WBNS '10 COLUMBUS OH N
WBRC 06 , BIRMINGHAM AL I WBRE '28 .WILKES-BARRESSCRANTN PA
Page 5 of 10 APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2002
CALL SIGN CH CITY ~&TATE TYPE
WBRZ 02 . BATON ROUGE .LA WBZ 04, BOSTON :MA WBZL 39 MIAMI PL WCALI 10 P HILADELPHIA PA :N WCFT 33 T'USCALOOSA AL N WCHS CI8 CHARLESTON WV
WCVB 05 BOS1 ON MA
'
WCWB 22 PITTSBURGH PA I'C WDCA 20 WASHIN(3TON 'l I' WDIV 04 DETROIT'LEVELAND
WEWS i 05 OH N WFAA f08 DALLAS TX N WFLD .32 CHICAGO IL I' LAI WFQX I 33 CADII Ml WFTC I29 MINNEAPOLIS MN WGCL,46 A'TLANTA GA WGGB ~40 SPRINGFIELD MA
WOVe j13 POR1 LAND 'E WGN 09 CHICAGO IL
WGTW i l8:PHILADELPHIA PA I WHBQ 'I 3 MEMPHIS 1N WHDH 07 BOSTON ',MA N WIAT 42 BIRMINGHAM !AL WIBW 13 TOPE:.KA !KS WIS 10 COLLIMBIA SC N
'I'ISN 12 !MILWAUKEE Wl N WITN 07 'WASIHIN(~TON NC N
WJW CI8 CLEVELAND OH i WJZ:13 BALT(MORE MD WKBD Ei0 'DETROI1 WKRN:CI2 NASHVILLE TN N WKYT 27 L'EXINGTON ,'N WLIO 35 L,IMA IQH WLKY 32 LOUISVILLE WLVI:.'i6 CAMBRIDGE MA WLYH '15 LANCASTER PA
WMAQ 05 ', C HICAGO IL WNBC 04, NEW YOIRK NY N WNCT '09 jGREENVILLE WNWO 24 'TOLE!DO WNYW 05 NEW YORK
WPHL '17 PHILADELPI-IIA :PA 'I
'I WPIX 1 NEW YORK NY I'PA WPMT 43 YORK WPSG '57 PHILADELPI-II'A IPA WPVI ()6 PHILADELPHIA 'PA,N WPXS "I3 MT VERNON WRIC !()8 !RICHMOND-PETERSBURG -l.-"; WSB: 02 ATLANTA
Page 6 of 10 APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2002
CALL SIGN CH CITY ,STATE TYPE WSBK 38 BOSTON WSEE 35 ERIE WSFJ 51 NEWARK WSYX 06 .COLUMBUS OH WTAE 04 IPITTSBURGH WTBS 17:ATLANTA GA il WTGS 28 HARDEEVILLE SC-
WTLW '44 LIMA ,OH j! MILWAUKEE jWI ',N WTOV 09 STEUBENVILLE OH:N WTRF 07 WHEELING WTVD 11 DURHAM-RALEIGH-FAY NC N
WTXF 29 PHILADELPHIA PA I
WUAB 43 LORAIN :,OH I
. I WUNI 27 I WORCESTER MA WUSA 09 WASHINGTON DC:N WVTV 18 MILWAUKEE Wl I 12 iRICHMOND VA iN WWHO 53 ;CHILLICOTHE OH . I "I WWLP 22 I SPRINGFIELD MA 'N WWOR 09 INEW YORK NY II WXIA 11 ATLANTA GA IN 'I WXI N 59 I INDIANAPOLIS IN
Wxlx ',19 CINCINNATI OH I
Page 7 of 10 I
APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2003
CALI iCH ' '.STATE SIGN CITY ',, ', TYPE I KABC 07 LOS ANGELES CA N
KARK 04 LITTLE ROCK . AR ~N KATV 07 'LITTLE ROCK AR i N KBHK 44 SAN FRANCISCO CA I KBWB 20 SAN FRANCISCO 'CA I KCAL 09:. LOS ANGELES CA I
. iN KCBS i 02 LOS ANGELES CA KCNC, 04 DENVER 'CO N
KCOP 13 LOS ANGELES CA I KCRA . 03 SACRAMENTO CA ,N
KDKA 02 PITTSBURGH . PA iN KFOR 04 OKLAHOMA CITY OK IN KGO 07 SAN FRANCISCO CA jN KICU SAN JOSE CA KIRO 07 SEATTLE WA',N KMBC 09 KANSAS CITY MO iN KMGH 07 DENVER CO iN KMSP 09 MINNEAPOLIS MN KNBC 04 LOS ANGELES CA: N KPLR 11 ST LOUIS 'MO, I KRON 04 SAN FRANCISCO CA KSDK 05 ST LOUIS MO N KSHB 41 tKANSAS CITY MO N KSL 05 SALT LAKE CITY UT N KSTW TACOMA WA KTEL 25 CARLSBAD .NM K 11 LITTLE ROCK AR N KTLA 05 LOS ANGELES CA I KTNC 42 I'ONCORD CA I 13 HOUSTON N ~FT WORTH 'TX KTVU 02 'OAKLAND CA. KTXL 40 ~SACRAMENTO CA KUSA 09 DENVER CO KUSI 51 SAN DIEGO CA I KWGN 02 DENVER CO I
KWTV 09 . OKLAHOMA CITY OK N KXTX 39 iDALLASi TX I KYW 03 ]PHILADELPHIA ~PA N WAFB 09 BATON ROUGE ,LA;N WAGA 05 'ATLANTA GA I
WALA 10 'OBILE ,AL I WAPK 30 KINGSPORT TN I WBAL 11 BALTIMORE MD iN WBBM 02 CHICAGO IL 'N WBDC 50, WASHINGTON DC 'I WBKI 34 i CAMPBELLSVILLE KY I WBNS 10 COLUMBUS OH N WBQC 25 CINCINNATI 'OH jLi
Page 8 of 10 APPENDIXD NIELSEN DIARY STUDY SAIIPLE STATIONS, 2003
CALL SlGbf CH 'CITY STATE TYPE WBRC 06 BIRMINGHAM AL j LA WBRZ 02 i BATON ROUGE N
I WBZ ! 04 BOSTON MA ! N I WBZL 39: MIAMI I WCAU I 10 PHILADELPHIA'LPA N MN N WCCO 04 ! MINNEAPOLIS, !
WCMH ., 04 +COLUMBUS OH jN WCVB 05 I .'BOSTON,MA jN ! WCWB I 22 PITTSBURGH PA: I WDCA 20 WASHINGTON DC . I WDIV 04 DETROIT Ml N
I WDRB 41 ! LOUISVILLE KY
WFAA 08 DALLAS TX . N
I I WFLD 32 CHICAGO I IL WFQX: 33 CADILLAC IMI I
WFT~C 29 i MINNEAPOLIS MN I
I WFXT 25 I BOSTON MA LANCASTER PA N WGAL 08:i WGCL 46 ATLANTA GA N WGME 13 PORTLAND ME,N WGN 09 ,CHICAGO IL WHBQ 13 MEMPHIS TN I WHDH 07 BOSTON MA 'N WIAT 42 BIRMINGHAM AL .'COLUMBIA SC N WIS [ 10 WISN 12 MILWAUKEE WI N WITN 07 WASHINGTON NC N WJZ 13 BALTIMORE MD !N WKBD t 50 DETROIT Ml ~l WKRN I 02 NASHVILLE TN )N WKYT 27, LEXINGTON KY 'N N WLEX 18 j LEXINGTON tKY KY N WLKY P 32 j LOUISVILLE WLTV j 23 MIAMI FL I WLYH 15 ! LANCASTER jPA WMAR 02 BALTIMORE MD N WMC '5 MEMPHIS WMLW- 41 MILWAUKEE WNBC 04 'NEW YORK NY N WNCT 09 .GREENVILLE !NC N WNDS 50 g DERRY :NH I WNPA 19 ! JEANNETTE PA I WNYW 05 'NEW YORK NY I WPHL 17 ~PHILADELPHIA PA 'I WPIX 11 NEW YORK NY I WPMT 43 YORK PA li WPSG 57 PHILADELPHIA 'PA I WPTY 24 MEMPHIS .TN N WPVI 06 PHILADELPHIA jPA:N
Page 9 of 10 APPENDIX D NIELSEN DIARY STUDY SAMPLE STATIONS, 2003
CALL SlGE;CH iCNY',','STATE''T~PE'PXI 11 iPITTSBURGH iPA . iN WRC 04 IWASHINGTON IDC N WRIC 08 RICHMOND-PETERSBURG iVA N WSB 02 ATLANTA 'GA N
~ WSBK 38 BOSTON MA I I WSEE ERIE PA iN '5I WSMV 04 NASHVILLE ', TN N WSYX 06 'COLUMBUS:OH . N ' WTAE 04 PITTSBURGH i PA
WTAJ 10 .ALTOONA . IPA N
WTBS 17 .ATLANTA GA I WTMJ 04 MILWAUKEE L I;N WTTG 05 WASHINGTON DC:I i WTVD 11 DURHAM-RAI EIGH-FAY NC:N WTVF 05 NASHVILLE TN 'N . WTVQ 36 'LEXINGTON KY IN WTXF 29 PHILADELPHIA PA:I I WUAB: 43 LORAIN OH, I WVSA 09, WASHINGTON DC !N WVLA 33 BATON ROUGE LA j N WVTM 13 BIRMINGHAM AL N ' WVTV 18 MILWAUKEE Wl I WWBT T 12 RICHMOND VA N WWOR '9 NEW YORK 1NY I WXIA 11 ATLANTA GA,N WXIX 19 CINCINNATI OH I WYTV: 33 YOUNGSTOWN .OH .N
Page 10 of .1 0
above-referenced Appendix B; Provided, however; Thai such FCC Cable Rules demonstration shall be based upon audience survey data for the first three years o! tbe subject station's broadcast opcistiouru sfATE at LONGIITIDR LATITUDE COMMUNITY Deg. Mim Sec. Dcg. Mtu. Sec. 8 7655 Meaner of carriage. car- Green Bay 30 48 88 OD SD [a) %here a televirion broadcast Banal is required to be Janesvilie 42 40 52 89 01 39 ried by n community unit, punusnt to the rules ln this subparti Kcnosha 42 3$. 04 87 49 14 (I) The eland shsH be csrricd without material dcgradstlon La Criuse 43 48 48 91 15 02 ht quality (withfn the Ilmitadons imposed by the technical stato Madhon 43 04 89 22 55 of the ait), and, where applicable, in accordancr. with tho tech- Milwaukee 43 02 19 87. 54 1$ nical standards of Subpart K of this part; Rbinelandcr 45 38 09 89 24 SO (2) The signal sbsIL on request of thc station licensee or per- Siipcrior 46 43 14 92 06 07 mittee, be carried on the community unit on the channel num- V/susen 44 57 30 89 37 40 ber oo which the station is transmitting, except where tcch- rdcaliy iafcstBile; WR'OMINC (3) The signal shell, ou request ol the station Bccmcc or per» than one 42 OO 106 19 22 miller be carded on thc community unit on no morc Casper 51 shall not Cheycnnc 41 08 09 104 49 07 channel; Provided, howcvrr, fhst thb proviYioo appiy Rawlios 41 47 23 107 14 37 to a signal pmtected pmsusut to 55 76.92 sud 76.94, during RIvciton 43 Ol 29 108 23 03 pcriods when network progmm uondupticstiou protection b provided. (b) %bere n tclevbion broadcsn slgesi b carried by a corn. 8 7684 StgnIOcsuOy vtstr'ed stguatst method to be followed munity unit, pursuant to thc rules In this subpart, the programs for spcdsl'showings. broadcast shall bc carried in full, 'without deletion or alteratioo of any portion except as rcqulrcd by this pan. (a) Signals that sre slgnfgcantly viewed In a county (sod community unit need not carry die sfgnsf ol any tclc- com- (e) h thus are deemed to bc sitmIAcantly viewed trithin all vision transistor station if (I) tbe community unit b carrying munhics wMdn tbc county) are those that are listed In Ap- the signal of the originadng station, or (2) thc community of pendix Ih of the gfcmarandvm Opinion aed Orrfcr on Recon- the unit ts located, iu whole or In parti within tile arsdo )3 con- sideration of rac Cable Tcfcvtrian Report and Order (Docket tour of a stadon carried on thc commurdiy unit whose pm. 18397 er ah), FCC 72-530. gramming b substantially duplicated by the transistor station, {b) Signl&snt viewing in a cable television community for (d) If the community is located, in whole or in part, within signets not shown as slgelgcsutly vbwcd under paragraphs (a) tbe Grade B contour of both a satellite end hs parent televb!on or (d) of ihb scctlod may be demonstrated by an iodcpendcnt station, and lf the comnuinity unit would othcrwlse be re- professIonal audience survey of noncsblc trtcvision homes quired to carry both of them pursuant to thc rules ln thb that covers st least two wcc?ly periods separated by st least subpart, the community unit aced carry only one of these thirty (30) days but no more thon ohc of which shalt be e signals,'ud msy sdcct between them. week bctwccn the months of April and September. If two sur- veys are taken, they shall include samples sutllcicnt to assure 8 7687 Provbtons fer systems operaOog In communities that the combined surveys result in sn average Agure of at tesst located outside of 'stl msior and smatier teicvhton one smudard error above the requbcd vicwlng Icveh If surveys markets. are taken for snore than 2 weekly periods In any 12 months, eil such surveys most revolt In an average Ogurc at least one vvhcie a system serves a community that b located whoBy standard error above tbe required viewing level, 11 a cable tele- ouhkle ail inc)or and smaller televbion marketr, as dcfinod fn vision system serves more than onc community, a siosic survey I 768 tbst comrunnity unit shall carry television broadcast may be taken, provided that the siuuple includes uoncabic tele- rignsis in accordance with the followieg provisionvt vision homes from each communhy that arc proponiousl to the (a) Any such community unit msy carry or, on request of population. the relevant lfccnsce or permittcc, vbsll carry the itgnnls of; (I) Television broadcast stations within whose Grade B (c) Pfotice of a survey to bc made pursiamt to paragraph (b) contours the community of thc unit is located, lu whole or in of tbb sectioii shall be served on sil hcensccs or permittees oi part; stations ahois predicted Grade 8 tetcviYion broadcast within (2) Tcfcvblou translator stations with 100 watts or higher contour tbe cable commuuhy or cominuiddcs are located, in the commnnity of thc unit ss to com- units, power scivang and, whole or iu pert, snd on sll other systcin community munity units that commence operations or orpand ebnuncl cubic community or frsnchisces, snd franchise applicants in tbc capacity after March 30, 1972, noncommercial educational communities at least thirty [30) days prior to the Inithil survey thc organi- translator stations With 5 watb or higher power servfog period. Such notice sbaO fnriude thc name of thc survey cominuoity of the unit. In addition, any couununity nuit may description of the procedures to be used. Objec- zation end a elect. Io cany thc signal of aey noncornmcrcud educational tfons to survey organizations or procedures shall be served on trsnshtor station; ihe party sponsoring the survey within twenty (20) days after receipt of iucb notice. (3) NoncommercM educational television broadcast stations within whose specigcd xone the corn'munity of ihc unit b NOTE: %1th respect to those counties designated by sn locate.d, in whole or twist and h I astcriik In Appenitlx B of the Itfcmorendum Opinion Commercial telcvislou broadcast stabons that sro sigoiA- ihc Cubic Tclcvtilan (4) Order on Rccamfdcraiion'f Rcport cantiy viewed la tbc community of thc iudt. Sce I 7694. and Order (Docket 18397 cr ai,), FCC 72-530, surveys of Io addition to the tricvbfon broadcast slgosls carrie viewing made pursuant to I 7684 (b) may bc (b) sfguifiesnt purrusnt to paragraph of this section, any such community March 3 (a) rubinitted prior to I, 1973. unit iuay cany any additional tctevirioa signals. (d) Signals of television broadcast stations not encompassed ff(c) ln addition to the tetevuion broadcast signals carried by the surveys (for th'e periods May 1970, Novrmber 1970 aud putsuant to paragraphs (a) and (b) of this section, any tele- February/a(arch 1971) used in establishing Append(s B of tbc vision stsSon during tbe period from sign otf of thc last televi- itdcmarandam Opinion and Order aa Rccaiuidkraiian af Cable sion broadcast station which the commueity unit must carry Tcicvftton Rcport and Order, PCC 72-530, 36 FCC 2d 326 puissant to 576.57(n), or from 12;00 a.rn. In thc Central (1971), msy be dcmomtrstcd ss dgniAcsntly viewed on a aud Mountain Times Zones snd I:00 s.m. in the Eastern and county-wide basis by iedepcoddnt professional audicme surveys Pacific Times Zones, whichever occurs Arst, to the sign-on of the which cover three separate, consecutive four-wcck periods and Asst station which thc community unit must carry pursuant to sre othcrwisc comparable to the surveys used in compiling the 5 76.57(a); Provided, haivrvrr: 'Ihst a community unit may Ben Television Digest 1982 Cab)e L
carry a program to ills conipletlon; rfnrf provided further! That FCC L this subscctlon docs not wuthorixe currhge in Ihe n&asser ile Cable Rules scribed above whenever a tclcvi&ion broad&u&st sta&ion that the comieuniiy unit must carry pan&nant to 97!k57(a) bio»des&ts VOILA TIDTAL continuou&1y and docs uot sign off durfng tbe hours fron& 12;00 Dgbf%8'CATV'LIPPlY Vgteg n.m. to 6:00 atra, Csrriag'I: of eucb addltioaaf Ielevftlon signs(s Sftpit&~ &bali not require prior rcidstrstion with the Commission snd I shall bc coo&i&tent wiib thc'etwork!cond&&plication pro&schon snd syndicated cxdu&lvity roles of Subpart P of tbl» pert,g Iolrlls iisiiele .&ft4 Rim~& addition to thi& tclcvhion broadcast &Igeab& carried » If (d} In 4 n!L&q»rnu pun!&ant to paragraphs (a), (b'I nnd (c) of this srctilon, aoy television station while it is broadca!iting ~ for&:ign language, however. religious or automated p&x&gram. Carnage of such scicctcd Tt&st, ln determ'ming how many addition»I signals msy L piogra&us shall be only for the duration of tbe prognims aed bc, csrripd, aqy autborlsr!d bui nol operaib&g telcvhiou broad- shall not require prior registraffon with Ihc Cso&mt»&ion. ff cast station that, if opcratiooal, would be required to he carried purmsni to paragraph (a)(l) of ibh mydion, shall bb con- »I&lercd to bc operational for !s period Le&n&lasting 18 months 0 76,69 prnvhlone for s&s!atter!Letevt»louiuuukCD. after gisntof ih ioitiel cons!Laotian p&rmibgg thrbcrc a system serves e, comnumlty that is iousted in whole '&t)(f(e) fn 'addlttun LO'he &1OOCOI»met&dsl Cduuatl!pa»i Lde- or in part within a smaller tcl'cvistaiu market, as defined in vitlon btosdcest tit&nels parried pui&iusnt 'to patagrapb (a)'f I 76.5, that community u!oit »bail carry iehvision broadc:Lst Ibis section, s»y sudh cou'emuniiy unit msy carry the sign&ds ol signals only in accord!ance with tbe following prm!itiontt any noncommercial'education&d stations tbst aro operated by an agency'of Lbe state tbo (a) Any such community unit may carry or, on request of within which community unit is located. the relevant station licensee or permittee, shall carry thc sign»I» Such community unit may also carry any ether noncommercial of: educational sign»f9 in Ihc ab&ence of objccffos fikd pursuant to L
I 76,7 by any,local, noncommeeiaI educaffonal station or slate
Tcicvition broadcast stations within whose specigcd anne (I) or local fiincat)onal Ielevh'iou au'!Ihority,f9'I(d) the community is located, in who'!e or In part; ln addltloi& tclevhioii )Ioncommerci&I educational tolevision broadcast stations Io the broadcast &dgnais canied (2) pursuant to paragraphs (a) 0!rough of this section, within whoso Grade B cootours Lhc oommunity of tbc: unB is (c) any such unit muy carry I hn;stud, in whole or bi ps¹I community L ,(I) Auy»pec&aity sist&on an!d sng»&ation wbde &I &s bio»d- (3) Commercial Lcievhion broadcast &~Latino» licensed to communities ln other smsl:ier Lclcvislo»markets, within whose ew&tlag a fonign Linausgc, religious or automated progr!un. Carriage of such sel'ected programs shall I» only Ibe diira- Grade B contours tbe community of tho unit h located, in for whole or in tioo of the programs a&ui sha&I not require pri'or reghtrsiion parti wiih Ihe Comnfision. (4) Tc)evision broads»¹ stations licensed tn otl&&cr communi- ucs which aie gcncraliy considered to be part of tbe sante (2) Any icicviiion station broadcasting a network. pros&aiu smaller tele'vision market (Esamptei Burlington, Vermoot- thai will not be carried by a station norinaliy aimed ou Ibc PI»It»burgh, New York television market); commonalty unit. Cent»go of such addttionsl stations shall be only for, the duraffou of, the network pros&an&s not o&heiwI&c Tetevblon translator stations with IDD watt» or (S) higher avi'diable', and'hat) not'equire p&'ior rcgbtre&Lion with the power serving the coiemuniiy of the meit and, as !to con&munity Co'nunb&0on. units that commence operations or a»pand channel cspadty after March 30, 1972, noncommerci!d educational Loin»iator (3) Any tcieviYion bmadcart dation dtufeg the period from ¹atiom with 5 wan» or higher power serving the conunnnity &Ig&s~ff of tbc last television broadcast stages wbkh ibe com- of tbe unit. In addition, any community uni'I may acct!'o carry munity salt must csr&y p&nsuar&I to 9 76.S9(a), or from 12IDD ibo signal of eny noncommcrci»L educational trandstor station; a.m. in tbe Central and lvlountabi Tiino Zones and I 00 am& is Lhc Zs¹ern and Paclgc Time Zones, whichever occurs gest& to (6) Commercial teievhion broadcast stations Ibst arc signif&- &!gnq&n station wbkh, ihe cpmmunlty unit &quet cantly viewed in the community of the unbu gee 176,.$4, Ihc, of,tbe f»vt carry pu&!scant to 9 7659fa): I aevi&if, hcevcvcri That a com- t)tg&{b) fn sddiiiori to the television bios!tcsstslgnals csrri6l munity umt may carry a prognim to its completion'I .Ind pro- pursuant to paragraph (a) of Ibb section, &u&y such community vided /ur!&heir Tbst ibis subsedibn dods not buihorize otrriage In mnt constituting all or part of a iystein bavisg fcvrer than IDLED tha manner dcicnbcd abouo whimever a televhios broadcast sta- mbscribcrs may carry any addiilonsl Ielcvbion signals, Any tic&i that the community unit mu»L cs!ny puvsusnl to 1 7659(s) such community unit oon&tituting ail oc part of a system having br»sdcaits coo'ILnuously and does not, sign oif during the hours 1000 or mora subscrifer& may cs&vy sulffcient sddldonal signals front. 12&00 a&n. Lo 6:DD,&.m. Chsrisge of such additional tele- so that, including tbc, iignals required to be csn!Icd pursue'nt vision signals shall &tot rcq&dre prior registration with the Com- Lo paragraph (n) of L'!ib section, it can, provide thc dgnals of a mit»Ion and stu!&II be! con&lstenI with Liie network non duplication fuii ociwork station of esrk of the msfor ristioasl t'eievhion protection snd syndicated cxclu&ivity rulc» of Subpart F of this network&, snd of one b&dependent television station.'rpvhfrd, part
s s s &ii i i ii
' at&d Station Cove&age Atlas 570 so thar, including the signals requhed to be cerned pursuant to FCC Cable RUles paragraph (a) of this scctfon, it can provide the signah of a full network station of each of the major natioaai tclcvhion net- teievhfon stadonst Provtdccf, (4) hny tcicvision station brosdcsstleg a network news pro. works, aud of three independent carded Js broadcast. however, That In determining how many additional signals gram ak aay time when an stason regalarly television when no station Iiccoied to ihe may bc carded, any authorized but uoi operating ing the isme program aud would be bo communhy uuik h located h broadcasting broadcast station that, If operational, rcqubed to marltet in whhh the tbh section, shall be news Carriage of such addirionai stations sbsB carried pmsusnt to paragraph (a) (1) of a local program. tcrmiaatlng 18 months users only and she B not re- considered to be opcrstlonal for a period be for tbc duration of the program construction penajt. quire prior Comtuistion noiUlcation or reghtration with the aft»i grant of its fniihf Commission. (I) wbcncvcr, pursuant to ibh section a community unit addhional lndepeddent signals, ono ulbose is pcrmiged to carry three (5) Any commerdal UI(F tcicvhiou station wiUdo must be tbst of a.IJHF tchvhion broadcast thc system ls Jocatcd, iu of these sigash Oradc B contours the communiiy of station. whole or io part I) Whenever, pursuant to Subpart F of this parti a com- within (2) g(e) pfhcre the community h whoJly or psniaBy inunfiy unit h rcquircd to delete a television program oo nu boih one of the first gfty major televihfion markets and a smaacr Indcpendeat signal cairicd punlusoi to this zccthn, or a pro- tclcvhion rnarket, tbc carriage provhions for the first gfty maJor Is primarily of local interest to tho dlstnnt psr- gram eo such a signal marlicts ihaB apply. Where the oommunity is wholly or community (c~., a local news or public OQ'sbv program), such tiaNy within both onc of tbc second Bfty ngjer teievhion mar- consistent with the program ezclunvity for community ueit may, kets and a imager television market, the et»riage pmvhious rules of Subpart F of this part, substitute a pnlgram from any the aceous gfty major markets shall apply.ip other tcleviYion brosdcaik staiioil. A program subsiituted may br carried to iis complcuon, end thc conuuunity nuit used not 8 '16,61 pdovhteac for first city major tctcvhlon markela return to its regularly carded signal uniit it cso do so without intetrupdng a program already in progics».I) 4) f)Where a spcicm serves a commutdty that is located in t whole or in part within onr. of the Srct gfty major Id»vision 4)(e) After Ihe service standards spccJJJed ln paragraph (b) markets lilted in I 7641(a) the community unit shsU carry of this sccthn have been ssthgcd, e community unh msy carry tclevhion bnadcsii signals only in acconhnce with thc I»Bow- two additional Independent tchvisiou broadcast sigoalsi Pro- ing provisions; vJdcd, however, 'fbst the number of addidonsl slgnids pcnnitted tbe number signals (a) Aay such community unit msy carry, or on rcqucir of under thh paragraph shatf be txduccd by of tbo retcvsei station lhcnsee or permittee, shal! carry the signs'Is added to tbc comniunity unit pursuant io paragraph (b) of this of: section ip educational tele- ( I) Television broadcast stations witbui whose spccigcd zone Jf (d) in addition to the noncommercial tbe commuriity h located, in wboh or in perl: ProvJdcd, how- vision broadcast sJgnsh earned pursuant to paragraph (a) of »vert Tbzt where a rommunity unit is located io ihe designated this section, sny such community unit may csny the signals of community of a major tcievhion market, it sbsU not carry ibc sny noncommercial educational staiiom that sm operated by an signai of a tclcvislea station llCCnlCd tD S dcslgilatcd conunuelty agency of ibe State within which th» community unit h located. in another mkJor television marker, unlciz ihe dcsignatcd com- Such colnmuniiy ueik msy also carry any other noncoinmercial munity In which ibc conunuuliy unit is located is wholly within educational signals, In tbe absence of obJcciion Otcd pumuant the spediled zone (ice I 76.5(f) ) of the sisiiou, except as other- to I 76.7 by sny locsl noncommercial educational station or wise provided io thh section', State or local educational television euthority4k (2) Noucommcrchl educational tehvisioa broadcast stations 1) (c) In addition to tbc tclcvhion broadcast signals carried within whose Grade B contours the cmnmoeity is located, in purmsnt to paragraphs (s) through (d) of thh section, nny whole or in part; such community unit msy csrlyi (3) Tclevldon translator slaiions with 100 watts or higher (I) Any specialty station and any station while it is broad- power zcrvhg the comluunity and, ss to commumty units that Caiiiug a foreiga hngusgcl rCI!giouz or automated prograoi. commence operstiom or expand channel cipaclty after March Carriage of su'cb selcctcd pingrsmz shall be only for the dura- 30, 1972, noncommercial educational trsndstor stations with 5 tion of the programs and shall not require pdor registration watts or higher power scrvlng khe community. I'n sddlden; any with the Comlnhsion, elect io carry the signal of any onncom- community uait may {2) Any tel»Chion station broedcsstiug a network program mcrchl educ»I Jonsl translator station; ibsi will nol be carried by s station normasy carried on the (4) Tcicvhlon broadcast stations Uccosed to otbcr designated community ueib Csnisgc of mch additional sisihes shall be coinzoueiilcs of ihe same major tcievishn market (Rxsmpler only Jor the duration of Ibe network programs not okhczwhc Cincinnati, Ohio-Newport, Kentucky television market); available, ead sbsU not require prior registration with the (5) Commircial tclcvhion broadcmt stations that are ilgni8- Commhsloe csotly vhw'cd in ihc community. Scc I 76.544k+ (3) Any television broadcast station, duriog the pcrlod from sign-olf of tbe last iclevlsion broadcast station which the com- 7I Il (b) In addiiion to the tclevhhn broadcast visuals carrJed of thh seethe, any such community muoily urdt must csny pursuant to 1 76.61(e) or from pursuant to psratraph (a) Central Mounhin Time Zones and comiitutiug ail or park of a sysicro having fewer than 1000 l2:00 am. in ihc sad unh s.m. in ihe Uastcrn and pacigc Time Zones, wluchevcr mbzcribcrs carry any additional tclcvhion siguah. Any Il00 msy occurs Greb io of the erst stagon wbhh the com- such community unit consdruting sll or part of a systcln having tbc sigyn exclusivi- uidt mmt pursuant to I 76.61(a); Provided, how. 1000 or more'subscribers msy carry sughicnt addJtionak signals munity carry evert That a community unit may canry a program to its com- pletion; 4ed provided Jerihlri'That this subsection does not CaB JlmAckennsnat317J923-2353 authorhe mrrisge In the lusnner dcscdbed above whenever a or Harold Ewcn in gd Canty at 312/630-5035 kctevhion blosdcalt station ihsi the. Community ui It must catty pursuant to I 76.61(a) broadcasts cooilnuoudy snd does aol Beckcr CommIIIIicattolts Associates 8 sign DII during the bours from 12i00 s.m. to 6:00 s,m, Carriage of such additional television signals sbaB not require prior iSM N»»s urn»a» siwlz s»ll ~ CN, l»dnl»v»todezsz ~ artvts mls rcghtrsilon with thc Commhzloa aud shall be consistent vlitb crd»sw su/Qe-dezz ~ New v»dcznir&r4ide t»» Jlssowl zuozsdln the network nonduplicstfou protection aud spud!caked tyy rules of Subpart F of thh part. Financial Consultants l.enders & (4) Auy tclcvhion station broadcasting s network news pro- To The CATV Induslry gram st sny time when no statioa regularly carded h broad- cestieg the seine program aod when no station Nceoscd to the 580 Tejevisjott Digest l982 Cabin u&axkct m which )hc con&munity unit Js located is brondcsstlag FCC, a local news program. Casxfs&te of such additional stations Cable Roles sl&alt be fer the duration ol the new ~ psetoam only snd i&nil bot xcqube priof Commi&sion notigcntion or segbtrntiou viith the Commbsion, (5) Any commercial UHF leisvbion station within whose Grade B contours the community of thc xystcmi is loca&cd, in whole or in past.fk u'u ' ~ . t&f(f) Whme the ix&mmunlty is wholly or pssdnlly whbin both onc of lbe Asst gfty major tclcvision suarkcts snd another telcvhdon market, the provirionx of this section shall npply4
or its I&gent,l cari!I tbc )Ive tcievbion ixondcnst of that event rblen market&n ff 0 7663 Provhdnns lor,second fifty major talc if the event is oot avsl!able Ilvc on a telcvbion hrqpdcnst (n) Where a syxtrm serves a conunur&ity tbst i.i locnted signal carried by the communfty unit pumuaut io the mausfntosy ln who!c ox lu past within one of the second Afty major tele- rignsl sxsrriage xuJ&cs of this part. For the purpv&xcs of this Sec- vision markets Ibtcd io I 76.$1(b), that sx&mmunfty lmil shnll tion, if there is no trievbson station lice&&scd to the community carry televbion broadcast signal» only in s&ccosslnnce with the in whfch the &pox&s event Js taking piece, the npphcnblc spcciged conc be television provisioun of I 76,61, except that Jn paragraph (b) of 8 76,61, shall tbnt of the stnlion licensed to the com- the number of nHi&fon&d fudelpendent television signals that munityi with iwhicb the s&posts evenl or Iscsl team b idcnggcd, may be carried by community units constituting sdl or part of a or„ if 0&e event or local team Js nol. Jdentlgcd with any pnrticu.
system having 500 or more subscribers is two (2), inr co&i&muo!ity, tile nc&(sext p&mmtmity,to which» tclevbioo ststion b licensed.
(b) Where the coxnmunlty b whoily or partindiy within both ono of the second Afty major television mnskcts &md oae of the (b) Notigcntion of tbe pxogxammiag to be dclclcd pursuant first gfty mnjor teirvision merki'&ts, tJ&n carriage provisions Ior to this section shall Jnrfnde the following laiforsnntiou: thu fixst fifty major ninrkets shall apply. Wl&cre thc community (I) A» to ipsugsummtug toibe deleted from telcvblouunit'1) broecl- b wholly or pnxtis!Iy withlus both one of tbe second Afty major csst sig'osb rcgnlssly carried by the community televbion markets and a smaller television market, the pmvl- Tha name nnd a&&dress of the party requesting tbc pro-. xlosss et xhb xcclioo shall nppf/.&(I gram dclr!Jon; (ii) The date„ time nx&d expected dusntloa of lhe sports event I 76.64 Cs&srisgn of subscription tistsvfxion broadcast piro. the television broadcast of which is to be drieledlt gunn&s (iii) The call leltcrs af the televJ&Ion brosdcmt station(s) from which the de!sion Is t&e The provblons of 1! 76.$;I, 76.$9, 'Itk61, and 76.63 shall not tn msdc- operate to require cnnrisgc of any subxcripth&u television broad- (2) As to'programming to'be dieted,from televbion broad- cast pxogrnnl, cast sigr&als not a:gularly cnrricd by the community unit; (i) Thc'ame nnd address of the par'ly requestJng ti&e pxo- 8 76.65 tus&mdfatt&c&dng pxovlsfi&nu gram delelionl 99(a) Thc provisions of lg 76,57, 76,$9, 76,61, arid 76,63 (ii) ilhe d»sc. Ume and expected idurntllon of the sports event lhe tclciils!on hsosdcasl wh!ch is to delete&I. &ball not require. 0&e dcletlnn of any tclmdsion broadcast m of be txandntor signnb which n community unit was nu&J&cried to (o) Notigcntionn given pursuant'to tbll section must be re-
carry or wss inwfu!ly carrying prior to March 31, 1972. P&v&- ceived, ns!o scguisxiy scheduled events, no later than thc Mon.
ufded, fra&ururr, That if carriage of s sign:&I hss been Baited day prdcedinlg thai ralchdsr brook'SundnyMturdsy) during by Commission order to discrete cress of a community, any whkb she prngram deletion b to ke made. Nhtigcatfons as to expansion of &crvlcc w !il bc subJccf to the appropriate psovI&ion& events t&ot rdgulnxly schedoldd and revisions'of nntbes pte-'iouxly
of this subpart. If a corm&&unity unit is authorised lo cavy submitted, must bs'received whhiu t&i,'coty-four (24) slgnnb„either by virtue of spcclAc Co&and&sion nutborixation hauls after tkc time af chc telecast to be deleted ix known, hut or othe&wbe, nny other commusiity unit already open&ting or in sny event no Inter than twenty-four (24) hour» from tho xut&sequcngy commcndng opc.rations in th&: sasee community time tho subject telecast is to take place. mny carry tJ&e same signals. (Any such new community o»it (d) pt&hen&iver, tiursusint lo this section„a community unit shall, before instituting serulce, regbtcr with thc.'omml&&J»n 'bnil b required to delete a tclcublon program on a signal regu- iT othexwbc required by I 76. t2.) ff larly ca:ried 1&y the comrnunitii unil, such cosnmunlty unit imsy, consistent wfsb tbei rules contained in Subpart Is of thb g(b) Thc provhions of Il 76.57, 76.$ 1&, 76.61 and 76.63 part, f'rom other broadcast not require the dcietion o&f nny tcievbion broadcast or substitute s pxogram sny tdevbfon sta- transistor signals which a system OOmsnunity unit having fewer tion, A pxogram substituted msy be cnnlled to its complehnn., than $0 subscribers but os&nstituting,&II or part of a system aud the !coma&unity! unit used uot return tp its xegubrly carried havmg 1000 or more subscribers wss carrying prb&r to Mny 16, signal uulJI it Icsn dlo xo without interrupting a program already 1977, until the commm&ity unit hns 50 &snhsctfbcss.if in progrpsx. prx&ville&os I3&e of i lhh section shall uol require thc drlc- &it tp(c) When. for nurposcs of sscectnhiog cside signal cuir. (e) ringe right& or bmsdcmt station rights to cable system carrisgc, tion of uny portion of a telovbfou rigs&nt which n cmnmunhy rcfcrencc ia made to Grade B contours in Se&nfons 76.$7, 76,59, unil wnx lawfully cnxsyiag prior to March 5 I, 1972, '76.61, or 76.63, such contours sliaB be the geld ilotcnslty con- (I) The pr'oviYiom of this ncxsinn nl&nJJ not apply to imy tours degncd Ju I 73.683 (a) oi this chapter, psovidof, ho&r- cable tclevi&ioh lystrm having fewer than 1000 suhxcrit&exs, over, that such rlghu as tni signals mirried or a!&thosixcd fi&r cnrrfagc on or before August 26, 1977„sbal] bc dctcrmined by reference to thc contour predic5&n ru'les adopted in the Strish 'U3&PAlkT Rcport ond Order in Dockcxs lf7$6, t!97$, 0976 encf 917$, ~ESZxtugl&I 41 FCC 148 (1952) sx amcodcd hy Rcirori nr&rf Order in Docket 17255 FCC 70 345, 22 FCC 2d 354 (1970)41 ff SVI&P&»'.ItT p N()NI)TJPLlCATION PEttyTECTlt)N AND SYNDICATED FA'CI.IJSI't&ITV 8 76.67 Sports broadcasts. (n) No commueby unit locntixl Jn whole or In perl, withiln 0 76.91 JItcxcrvcdj the spccigcd xs&nc of s talc&rision bsoe&Jcn&t stn&&u liccnxcd i!o a community in which s spoils cvcnt is a&ising plscci, shall, 0 '16.92 Stat!lone cation&l lo s&ctwo&ts program nondapltcsuou oo rcqncst of the hold'cr of lhe broadcast rights!o that event, prelection ansi Slafiost Coverage fkffa&l 590
shall& upon request of tbe statlou llccnsce or permittee, re-
FCC Cable Rules frain~ fmm simultamousiy dupllcstiug any netw'ork pmgrum 'broadcast by such station only if tbe ctntttttn Ity tmit hnx received the tuformsBon required hx patagraph (a)(1) nnd
I (2) bclnwqt the date snd tbne tbe to ~ (I) Hotigcstion of of prolrsmmjng I'a) be protected sud date snd time ol tbe programming to be de- minhnnm. rcceivcd on monthly'basis. v'I leted must, at a bc a If -'P'~~ -'" the ststioa licensee or pcrmittce elects to provide such notlgcn- tion on a monthly bssh, it must bc submiucd no later Ihsn six (6) days preceding thc calendar meath during u hIcb noodupJI caBon is requested. If the station Bccnsec or permittee ckcts fo provide such notdicsuon on a weekly basis, notice shaB be hny commmdty unit which openues m a community tbst given no later than lbc hkondsy preceding thc ca!'ender week Is located in whole or iu pnrt within the 3$-rage spcculcd mnc (SundsyCnturdsy) during which donduplicsuon yrotectlorx is . of any commerchi television brosdlt station or within rhs ~ought. 'econdary xone which extends 2D miles beyond the sttccJBed zone of a smaller market tclcvblon bmadcsst station ($$ miles (2) Changes In tbc monthly notigcstlon request rcquirrd by altos«tbrr), and carries the signai of such station, that commu- paragraph,(a) (I) must be submhtcd six (6) days prcccdtug the nity unit sbsB, except ss provided in paragraphs (e) nnd (f) of broadcast of thc pregrsmndng to be protected; Provided, harv. this section, delete, npou request ol tiio station Bccnrce or pc rvrr, That the IJccnrce or pcrmhtee ot thc television station miltcc, the dupgcstiog nrtwork progremmieg nf lower priority otbcrwhc cntitlcd to noaduplicatfon protection mmt notify tbc signsb In the manner snd To thc extent spccigcd in II 76.94 agcctcd community usk as soon es possible, snd without sud 769$. regard to tbc time Bmits prescribed in paragraph (n)(i), af any progrannuing change whfch wou/d mnder unnecessary the (b) For purposes of this rection, tbe order of nonduphcatlon dclcaon of a low«r priority tdevjsion broadcast signal. priority of television signets carried by s comntuei ty unit is ss fqllows; (b) Wbem a community unB Js required lo provide ~ay network program nceduplicetion pmtectlon, either purmsnt to telcvifdon broadcast stations within whme {1) First, aB xpcdgc Commission order pending Commbnou action on a xone thc community is located, in whole or In part; or speciged broadcast station petition for special rcHef Bled pursuant to the (2) Second, sIJ rmxljcr msrlet television broadcast stnuons procedures dcscrr7&ed in paragraph 2$ of the Second Rvpcrr rrnd whbin whose secondary zone the community Is located, ln whole Orvfcr In Dockvr 19995, FCC 'I5'-820, 54 FCC 2d 229 {1975), or in ysrt. the fogowing provhlons shaB bc sppBcabler (c) For purposes of this rection, sB nonromm«rcisl educa- {I) h comraunity unit heed not delete reception of a rrct- tional tclcvislon broadcast ststiom licemcd to n community lo. work program if, In so doing, It would leave svsgsblc For re- catcd in whole or in part vritbin a major.television msrkct xs ception by subscribers, at sny thus, less tbsn thc programs of spccJBcd in I 7651 rbsB be treated in tbr. same manner ss a two networks (including those broadcast by sny shtlons whose major market commrrcisl televiriorr brosdcmt station, and ail sigosls sre being csrrkd snd wbmc programming ir being pro- noncommcrrisJ educational telcvbion brosdcest stations nct B- tected pursuant to the requirements of this section); censed ro a cocuuunlty located iri whole or in part within a (2) h community unit need nct dctctc reception of a oct. major television market rhea bc treated in tbe tame manner ss work program which h scheduled by tbc network .between stsOon. s smaller market tclcvhioo broadcast tbc bours of 6 snd 11 pzn„Eastern time, but Is broadcast by (d) hny community unit opcrsung in a community to wbicb thc station requesting deletion, ln whole or in part, outside a IDD walt or higher power translator station h Bccuscd, sod tbe of tbc period which would normuBy bc considered prim time translator Is located within thc prediets 6 Grade B signal contour for network yrogrsmmiug in tbe time xone involved, of rhe teievIslon broadcast station that the translator station rcr transmits, and tbe transistor is carried by that community unit, 0 769$ Fmccptlcns. uni( shell, upon rcquert rucb uansbtor sta- the conununity of . tion Bccnscc or permittee, delete the duplicating network pro- (a) Notwittutsntgng the requircmcnts of II 7692 nud 76.94, a community need delete gramming of bdcvbion broadcast station whose reference unit uot reception of any program sny which would be csrried an the community unit lo color but wJB point (Sco 76.53) h more than $$ mges from tbe community, I be broadcast In bhck snd white by tbc station requesting (c) Any community unit operating iu a community tbst h dclcuou. in within spedgvd zone of sny tete. located whole or is pert thc Tbc provisoes sbstl to zone of fb) of II 7692 sud 76.94 not apply vhion broedcmt stsdon or within the secondary e a cable bdcvision system having than subnxlberm unit fcwcr 1,000 rmager market tcicvirkut broadens I station, tbst community Within 60 days following tbe provision of service to 1,000 sub-. Js not required to delete the duplicating network programming scribers, tb'c operator of each such systcrn shs!I Ble a uotico to of any 100-watt or higher power television transistor station that ctfect with tbe Couunhslon snd shsB scud a copy rhcrdof which is licensed to tbe commnnity, to aa tcleviskm bmsdcast xnd transhtor stations carried by the {I) hny mmmmdty unit opersttcg In s cnzemunity thst b system. located ln whole or In pert within the secondary zone of n {c) Network nondcplkxtion pmtcction used not bo cxtcndcd smager market tcievjrlcu brrxvdcszt station, that community unit to a higher priority stsdun for cmc boor fogowing tbe sched- is not required Io delete the dup!ksting network programmiug ~ uled time of complsdon of the browlcsst of a live r ports event of any nmjor market television broadcast station whose refer- by tbst stadon or by a lower priority station against which a ence point {gee I 7653) 4 also within 55 miles of tbe community nuit wouM tbcrwise be required to provide noo- commuoity. duplicstlon protection fogowiog thc scheduled time of corm (g) h coremunlty unit b uot requhcd to delctc thc dupli- pletion. catlog nctvrork programming of any telcvhioo broadcast station (6) Thc Commhrlon wa) give full egect to private agree. which Is sigsigcsctiy viewed in the cable trievision community ments betwccn opemtors of corumunity unks aud focal tele- pursuant to Section 76,54. vision stations whkb provtde for a type or degree of network program nouduplkstien protection which dglers from the re- I 76,93 [Rvservsdj quircmcnts of II 7692 and 76.94. h copy cf any such private agrccmcnf entered iulo after hugust 22, J97$, shall be Bled 0 76.94 Notlgcstlen requirements sud extent of protecuou. with tbe Commission and n copy xbcB atro be yiaccd in tbe (a) Where tbc artwork programndog of a television station public Inspccgon IBe (sce I 76;305) snd retained in such IBe h enthlcd to nonduplication protection, s community uuit for sr Iong sr thc contract rcmsins in force. Tejeujsioa Digest 1982 Cable KKSSLKR APPENDIX F APPENDIX F
I. Local County Analysis Illustration For WKBD A. DNA Analysis
Nielsen groups counties into Designated Market Areas (or "DMAs").'ach DMA consists of a group of counties forming an exclusive geographic area in which Nielsen has determined that the home market television stations hold a dominance of viewing. Although'a few counties are split between DMAs, as a rule each county is assigned to one and only one DMA.
Attachment 1 is a page with thc Detroit market (among others) from Nielsen's September 2001 "U.S. TV Household Estimates" ("the DMA book"), which shows all DMAs and the counties associated with each. This page provides a good example ofhow DMAs are used to identify local cable system carriage for station WKBD, channel 50, licensed to Detroit. WKBD is a sample station lor all four special Nielsen studies. Again, the objective in determining the counties where a station is local is to enab]e Nielsen to exclude cable viewing from those counties, with the result that only distant viewing for WKBD will be captured. '1 he Detroit DMA market consists of nine Michigan counties: Lapccr Sanilac Livingston St. Clair Macomb Washtenaw Monroe Wayne Oakland Because WKBD is licensed to Detroit, a cable system serving communities in any of these nine counties must carry WKBD to its subscribers as a local signal. MPAA advised Nielsen to exclude cable viewing from homes located in these nine counties when measuring WKBD's distant viewing.
B. Significantly Viewed Analysis
Besides the DMA criterion, stations are considered local in counties and/or communitics in which the FCC has deemed the station is "significantly viewed ("SV"), meaning the station reaches certain FCC-defined viewing thresholds within the county or
'he definition of "local service area" in Section 111(i) and 47 C.F.R. ) 76.55(e)(2) defines a station's market as its Nielsen DMA.
APPENDIX F community. Because a cable system serving County Ximust aarry'n stations that'are significantly viewed in County X (or Community X), such carriage is considered local Attachment 2 lists selected counties in Michigan and Ohio and the TV stations significantly viewed in each as reported on the FCC's website: http://www.fcc.gov/mb/significantviewedstations022509.pdf. the case of WKBD, four counties outside the DMA are considered SV: Genesee, MI Lucas, OH Lenawee„MI Wood., OH If a cable system serves communities located in these SV counties, that system: must carry WKBD as a local signal and consequently, those SV counties were excluded from the Nielsen analysis ofWKBD's distant viewing,
II. Other Criteria For Determining %hether a Statinn Is Local Besides the DMA and SV criteria, which identify the vast majority of local, counties, MPAA also examines other criteria to see if there are any additional counties that would be considered local. These criteria include the station'is 35-Mile 'Specified Zone and the Grade 8 Contour.
A. 35-Mile Specified Zone
For all television markets, Major and Smaller, a cable system's carriage of a TV station to subscribers located inside the station's 35 'mile spcciYied zone means the station is local to those subscribers.
A copy ofthe 35-Mile Specified Zone for Detroit is showii as Attachment 3. FCC! rules require a cable system serving communitics located within that.specified zone to: carry WKBD as a local signal. Review ofthe zone indicated that, the, counties within the i specified zone had already been classified as local due to the SV/DMA criteria.
B. The Grade B Contour
Another criterion, in some situations, is the Grade 8 contour..The contour ls an irregular and oddly-shaped circle surrounding the TV station's transmitter site. The Grade B is a measure of estimated signal strength based on the station's antenna size,; power, and direction. The Grade 8, in other words, is a measure ofhow. clear a picture can be expected to be on a person's television set. APPENDIX F
The Grade B contour can be used as a criterion in two circumstances relevant to .. the local county analysis MPAA performed for 2000-2003. The first circumstance has to do with stations licensed to Smaller Markets. If a cable system serves communities located in a Smaller Market, (i.e., located within the 35-mile zone of such a market), the system can carry as local any station from another Smaller Market whose Grade 8 encompasses the communities served by the system. The second circumstance relates to systems serving communities located outside aH television markets. In the case of a system serving such an area, the system may carry as local all stations whose Grade Bs encompass the communities served by the cable system. In both circumstances ifthe station is local per the Grade 8 criterion, the Form 3 cable operator does not have to account for the station in its royalty calculation.
Attachment 4 is the Grade B contour of WKBD taken &om the FCC's website. Cable systems serving communities that fall "outside all (television) markets" must carry as a local signal any station whose Grade 8 encompasses the communities ofthe system. To identify any such counties, I looked to see ifthere were any additional counties within WKBD's Grade 8 contour that were outside all markets and not already classified local by a previous standard. That review indicated that the counties within the Grade 8 contour had either already been classified as local due to the SV/DMA criteria or were not outside all markets. Once I identified all the local counties for WKBD, I provided those counties to Nielsen so that Nielsen could exclude viewing from them when measuring WKBD's distant viewing. WKBD's local counties were thc nine counties in the Detroit DMA, plus the four SV counties, for a total of 13 counties in which WKBD was a local signal.
III. County Analysis For "Partially-LocaF'tatious
As previously stated, for the most part, Nielsen organizes its viewing data on a county-by-county basis, so for purposes ofMPAA's special studies, it is necessary to declare an entire county either distant or local. In the course o'f our analyses, we may find that an entire county is neither wholly distant nor wholly local. An example would bc a county that is neither SV nor DMA for a station, but which falls partially within the 35-mi}c zone ofthe station's market. Another example might be a county located outside all television markets and partially covered by a station's Grade 8. In these few cases, MPAA relies on the location of a majority of the county's population to designate the county as local or distant. Because the entire county must be classified as either local or distant for purposes ofthe Nielsen Studies, it is reasonable to assume that viewing will track with population. For example, are more people (i.e., viewers) located inside the 35- mile zone (or Grade 8) or outside? If, in our example, most ofthe population is within the station's Grade 8 contour, we consider the county local. We rely on maps, census data and so forth and compare the location of individual communities in relation to the Grade B (or 35-mile zone). I l
KKSSLER APPENDIX P
ATTACHMENT 1 U.S. TV HO.USEHOLD ESTlMATES BY COUF|TY WITHIN DES(GNATED MARKET AREA (DMA)
DESIGNATED IRARKET ih TV 'io OF DESIGNATED I'IARKET AREA" '/ TV Ye OF AREA'1ATE COUNTY TOTAL YII PENE. U.s. TV STATE COUNTY TOTAL YY PENE- U.S. TY COUNTY SIZE 'OUSEHOLDS HOUSEHOLDS TRATION HOUSEHOLDS COUNTY 'IZE 'OUSEHOLDS MOUSEHDLDS TRATIOH HOUSEHOLDS EVANSVILLE 282,600 279.190 99 .265 679 DES I'IQIHES-'AMES (CQHT'0). ILLINOIS MISSOURI EDWARDS 2.8DO 2.790 MERCER D . 1;GOD 1,580 WABASH 5,100 5.030 WAYNE 7,100 7,000 505 DETROIT 1,898,400 1,878,670 99 1.782 WHITE 6.400 6.330 INDIANA MICHIGAN DUBOIS 15.000 14.850 LAPEEfl M A 30,600 30,14O 12,670 'A GIBSON 12.800 LIVINGSTON M 56.900 56.410 PERRY 6,900 6.810 'MACON 8 I'I A 305.DOO 302,830 PIKE 5.300 5.220 MONROE A 53.000 52,630 POSEY 10.300 10.180 OAKLAND M A 471,600 468,440 SPENCER 7.800 7.690 SARI LAC D 17.000 16,790 VANDERBURGH 71.900 71.200 ST CLAIR N A 62,200 61,630 WARRICK 19,500 i9,340 WASHTENAW A 125.700 '22,480 KENTUCKY WAYNE M A 776,400 767.320 DAVIESS 36. 200 35.760 HANCOCK 3,100 3,040 95, 800 94,530 99 .090 HENDERSON 16.'OOO 17.900 606 8QTHAN HOPKINS 18,600 18,150 MCLEAH 3.750 ALABAMA 3.800 HUHLENBERG 11,770 COFFEE D 17. 300 17,0'20 i2.000 OHIO DALE N C 18, 200 17,94Q 9.000 8,850 UNION 5,360 GENEVA D 10.800 10.470 5.400 HENRY 0 G.300 6,230 WEBSTER 5.600 5.500 HOUSTON H C 35,500 35,100 GEORGIA 745 FAIRBANKS 31,700 30,230 95 .029 E/iRLY 4, 400 4.330 SEMINOLE 3, 500 3,440 ALASKA FAIRBNKS-PLUS 31,700 30.230 678 DULUTH-SUPERIOR 177,400 I74,00fl 98 .165 724 FARGO-VALLEY CITY 229,60D 225,830 98 .214 MICHIGAN GDGEBIC 7,5DO 7.280 MINNESOTA MINNESOTA BFCKER II.GOO 11,540 CARLTOH H 0 12:200 12.050 CLAY 18,500 I8.400 COON D 2,400 2,220 C'ABWATEB 3.300 3,210 ITASCA D 17,300 '17,080 KIT'ISDV 2.200 2.170 NOOCHICH'fNG D 5;200 5,04D LAKE OF WOODS 1.530 4',7OO 1.600 LAKE D 4.540 MAHRDNEN 1.800 1.750 ST LOUIS M 8 B1,400 79.93D HARSBALL 4:ooo 3.950 WISCONSIN NORMAN 3,000 2,930 ASHLAND 0 6.600 6,42o OTfER TAIL 23,300 22.'170 BAYFIELD D 6,30D 6,120 PEHNIHGTON 5,30D 5.210 DDUGLAS M 8 'I7,700 17.510 POLK 11,500 11,390 IRON D 2,700 2.6/0 RED'LAKE 1.700 1.650 SAWYER D 6,700 6.460 ROSEAU 5.900 5.720 WASHBURN D 6,700 6.580 WILKIH 2.600 2.79C NoflTH OAKD1A GARNES 5.000 4.830 785 EL PASO 277,700 273,120 98 .259 BENSON 2.500 2,440 NEW MEXICO CASS 51.100 50.213 DONA AHA 61.700 59,830 CAVALIER I.GDD 1.870 TEXAS DICKEY 2.200 2.160 CULBERSON D 900 850 EDDY 1.200 1.190 EL PASO M 8 214,100 211,380 FOSTER 1,600 1,580 FORKS 23.6'IO HUDSPETH D 1,000 960 GRANO 24.000 GB IGGS 1.203 1.190 LA MDURE 1.900 1.890 565 ELHIBA 94,20D 92,420 98 .088 NELSON 1,800 1.780 PEMBIHA 3.300 3,220 KEW YORK RAMSEY 4.000 4,820 CREMVNG N C 33,700 33,300 RANSOM 2,500 2,420 SCHUYLER D 1.100 6. flso RICHLAND 6,700 6,GIO STEVBEN C 37,800 37. 040 SARGENT 1,800 1.780 PENRSYLVANIA Sl'EELE 1.000 I .000 TIOGA 15,600 15.120 STV:SHAN 8.700 8.610 TOWNER I 400 1.370 TRAILI. 3.400 3,380 526 ERIE 157,800 155,720 .148 WALSH 4 800 4.760 PENRSYLVANIA CRAWFORD C 34, 900 ;14,190 513 FLINT.SAGINAW-BAY CITY 457.60Q 453,740. 99 .430 EBIE M 8 105,700 104,6AQ, i.. I'1 WARREN 0 . 200 15.890 MICHIGAN ABENAC D 6, 600 6,550 BAY 8 42,400 42, 200 801 EUGENE 225,800 216,450 .205 GEHESEE 168.90D 167,5'20 DBEGQH 6 LAOW IN 10.400 10.320 BENTON C 29,800 28,000 GRAT IOT 15,200 14.970 COOS C 25,800 14,450 BURON 13.900 13,880 DOUGLAS C 39.200 37. 51'0 IOSCO 8 10.700 10,550 LANE M 8 131,000 128,300 ISABELLA 21,6DO 21,340 MIDLAND 31,700 31,500 OGEMAW D 8,900 8.860 802 EUREKA 58,600 54.650 93 .052 SAGINAW 8 19,500 18.800 SHIAWASSEE C 26.400 26.14D CALI.FORRIA 'IUSCOLA 21.400 21.210 BEL NORTE 0 8, 900 8,220 HUMBOLDT M C 49, 700 46,430
I
SEE PAGE A FOR COUNTY SIZE DEFINITIONS M NETRO COUNTY QF DMA MARKET 34 PAGF. FOR DMA CODE AND NAME DEFINITION NP: METRO COUNTY OF NQR-OMA HARKET SEE A KKSSLKR APPKNBIX F ATTACHMENT 2 Sittnificantlv-Viewed Govnties — WKBD. 50, Detroit h/lichirtan
Gei&csee %rNEM-TV, 5, Bay City, MH WJRT-TV, lo Flint, M +WSMH, 66, Hint, MI NVJBK.2. Detroit. MI+ NWDIV, 4, Detroit. MI (former]y AWVJp AVXYZ-TV. 7, Detroit I WKBD-TV, 50, Detroit, MI WAS-TV, 6, Lansing, M (formerly WJIM) Leaawee WJBK„2, Detroit, M WDIV, 0, Detroit, Ml (formerly WWJ) %XYZ-TV. 7, Detroit„ ildi CBET, 9, Canada (formerly CKLW) WKBD-TV, 50, Detroit, Ml WTOL-TV. 11, Toledo, OH WTVG, 13, Toledo, OH (formerly WSPD) %TWO TV. 24, Toledo, OH (fmneriy WDEIO) ~1VUPW, 36, Toledo, QH
Ohio Loess WTOL-IV, 11, Toledo, OH %~ G, 13, Toledo, OH (formerly WSPD) TWO-TV, 24, Toledo, OH (formerly WDHO) +WUPW, 36, Toledo, OH WJBK. 2, Detroit, Ml WXYZ-TV, 7, Detroi, MIt +WKBD-TV, 50, Detroit, I
Wood WTOL-TV, 11, Toledo, OH WIVG, 13, Toledo, OH (formerly WSPD) WAWO-TV, 24, Toledo, OH (formerly WDHO) +WUPW, 36. Toledo, OH WKBD-TV, 50, Dctmit, MI
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Before the COPYRIGIIT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Distribution of the ) Docket No. ZOOS-2 CRB CD 2000-2003 ) (Phase II) 2000, 2001, 2002, and 2003 ) Cable Royalty Funds ) )
Rebuttal Testimony of
Marsha K. Kessler
May 15, 2013 REBUTTAI TESTIMONY OF:MARSHA.E. KRSSLER,
My name is Marsha H. Kessler. Prior Co my retirement~ in August 2010, I served as Vice-President, Retransrnission Royalty Distribution, at Motion Picture
Association ofAmerica ("MPAA"), a position I held, under various titles, for
about 28 years. You may Qnd details ofmy background and experience in my . direct testimony in this proceeding, which was submitted to the Copyright Royalty
Judges ("Judges") on May 30, 2012.
I. PURPOSE OF TESTIMONY
The purpose of my rebuttal testhnony is two-fold. First, I describe the
Phase I programming categories that the Phase I iPazties have relied on since the
early days ofthe Copyright Royalty Tribunal. ("CRT"),.and which I applied
consistently throughout my tenure at MPAA in order to determine the correct
categorization of programming for MPAA's special Nielsen Studies
commissioned in connection with Phase I royalty pr'oceedings'since the early
1980s. These Phase I categories are mutually exclusive, and they have formed 1he
basis for the distribution of hundreds ofmillions of dollars of. Section I 1 I royalties
over.the course ofthe last thirty years.
Second; I explain the results of an investigation Jane Saunders ofMPAA
and I conducted from March to May, 2013, in which we contacted certain MPAA-
represented entities whose names also appeared in Exhibit:IPG-1.to the Written Rebuttal Testimony of Marsha E. Kessler Page 2
Direct Testimony of Raul C. Galaz, which was filed on May 30, 2012 and later ainended on August 20, 20l2. As explained later in my testimony, the MPAA- represented claimants wc contacted uniformly reported that they had either (I) terminated their representation agreements with IPG many years ago, or (2) understood that such agreements had long-since expired pursuant to their own terms. A11 of'the MPAA-represented claimants we contacted confirmed that
MPAA is their designated Phase II representative in this proceeding for some or all of the 2000 to 2003 cable royalty years.
II. TIIK PHASE I CATEGORIES
Since the first cable royalty distribution proceeding covering the 1978 royalty year, the CRT, and then later the Copyright Arbitration Royalty Panels
("CARP"), divided their royalty distribution cases into Phase I and Phase II proceedings. In Phase I, the CRT or the CARP allocated the entire royalty fund
among broadly defined Phase I program categories. In Phase II, to the extent necessary, the CRT or the CARP resolved disputes among different claimants or
groups of claimants within a single Phase I category as to the internal division of
the category's I'hase I allocation.
The Phase I categories themselves developed over the course of the first
few years of CRT proceedings. In response to requests by various parties for
rulings on close or disputed questions about which category should be treated as
encompassing particular programs, the CRT refined thc category definitions
Rebuttal Testimony ofMarsha H. Kessler Page'3
through declaratory rulings and rulings published as a part ofits final
determinations. See, e.g., 1984 Cable Royalty Distribution Proceeding, 52 Fed. Reg. 8408, 8416 (Mar. 17, 1987); Advisory Opinion, Docket No. 'CRT 85-4'4'D
(May 16, 1986).
Attached to my testimony as Addendum A is a copy ofthe May 1:6, 1986
CRT Advisory Opinion cited above. I am aware'fthis CRT Advisory Opinion not only because I was tasked with applying the Phsse I categories as a routine part ofmy job while I was working at MPAA, but also because IPG introduced.thel document as a cross-examination exhibit during the 1997 Cable Phase II
Proceeding as IPG Exhibit 12x. I testified during the 1997. Cable Phase II
Proceeding as a witness for MPAA, and was cross-examined by IPG"s counsel
during the hearing concerning IPG Exhibit 12x. iBased ~on thisi experience, I'can say with confidence that IPG was well aware ofthe contents ofthe CRT Advisory 's
Opinion long before the Judges commenced this~current Phase II proceeding.
The eight Phase I categories that were established during the CRT period
are attached to my testimony as Addendum B,. These categories are mutually- exclusive and they are intended to cover all non-network television programming 'plus
the music that is performed during those programs) on stations retransmitted
distant signals by U.S. cable systems. During my tenure at MPAA, I advised
both Nielsen and Tribune Media Services regarding the process of assigning
individual television programs to one (and only one) ofthe designated categories. Rebuttal Testimony ofMarsha E. Kessler Page 4
MPAA's Nielsen Studies have long been an important piece ofevidence underlying the CRT, CARP, and the Judges'hase I distribution orders, having been introduced in every litigated Phase.I distribution proceeding since the early
1980s. I am also aware that virtually every participant in a Phase I proceeding has relied on these program categories for (1) presentation of evidence, and (2) partial
and anal distribution ofroyalties..
III. MPAA-REPRESENTE9 CLAIMANTS APPEARING IN EXHIBIT IPG-j
At MPAA's request, I reviewed Mr. Galaz's written direct testimony in this proceeding. During my review, I discovered that certain entities listed on Exhibit
IPG-1 as "IPG-represented Claimants" in the Program Suppliers category are
actually MPAA-represented Program Suppliers for some or all ofthe 2000
thxough 2003 royalty years. Some of these "overlapping" claimants were
dismissed from IPG's case by the Judges in their March 21, 2013 Memorandum
and Order Following Preliminary Hearing On Validity Of Opinion Claims.'tarting
in March 2013, Jane Saunders ofMPAA and I began contacting
the remaining overlapping claimants to ask them to clarify whether IPG or MPAA
is their authorized Phase II representative for purposes ofthis proceeding.
Between January and May 2013, we had telephone calls with authorized
representatives nf the following entities, all ofwhom appear on Exhibit IPG-1:
'he overlapping claimants that were dismissed pursuant to the March 21 Order are the twelve entities identified in that Order as represented by Fintage publishing aud Collection, B.V., as well as O. Atlas Enterprises, Sandra Carter Productions, Scholastic Entertainnient, inc., and Ward Productions. Rebuttal Testimony ofMarsha E Kessler Page 5
BBC Worldwide
DreamWorks LLC
Litton Syndications, Inc.
Marty Stouffer Productions, Ltd.
Martha Stewart Living Omnimedia
Reel Funds International
Remodeling Today d/b/a Today's Homeowner
Television Syndication Company (TVS)
United States Olympic Cominittce
Urban Latino TV LLC (cka American Latino)
Venevision International
During my telephone conversations with authorized representatives ofthese
entities, I learned that the majority of them had previously terminated their
representation agreements with IPG. Following these telephone calli, authorized for nine ofthe eleven entities. listed above took it upon themselves 'epresentatives
to make filings with the Copyright Royalty Board notifying the Judges that they
had previously terminated their relationships with IPG and confirming that
MPAA, and not IPG, is their authorized Phase II representative for some or all of
the 2000-2003 cable royalty years. Some ofthese filings were accompanied by
copies of correspondence with IPG that I understand w'as never pioduced to Rebuttal Testimony ofMarsha 8, Kessler Page 6
MPAA in discovery in this proceeding. Certified copies ofthese filings are attached to my testimony as Addendum C.
The two remaining entities listed above that are not covered by the filings in Addendum C are the United States Olympic Committee ("USOC") and Martha
Stewart Living Omnimedia ("MSLO"). I discuss each of these overlapping claimants below.
USOC informed me that they terminated their representation agreement with IPG on January 22, 2003. Attached hereto as Addendum D is a copy ofthe
USOC termination letter which I received directly from USOC. I understand that
IPG never produced a copy of the USOC termination letter to MPAA in discovery in this proceeding.
MSLO reviewed its records and informed me that its representation agreement with IPQ is limited to the 2000 royalty year and does not apply to any later royalty years. Starting with royalty year 2001, MSLO confirmed that MPAA is its authorized Phase II representative.
IV. ADDITIONAL TERMINATION CORRESPONDENCE
In the course of my conversations with the overlapping claimants discussed above, one other Exhibit IPG-1 entity who previously notified the
Judges that it had terminated its relationship with 1PG was brought to my
attention. On June 7, 2007, Farm Journal Electronic Media notified the Judges
that IPG was not authorized to assert claims on its behalf for the 2001, 2002, and DECLARAT1ON OF MARSHA E KESSLER
I declare under penalty ofperjury that the foregoing rebuttal testimony is true and correct, and ofmy personal knowledge.
Executed on May ~C 2013
Marsha E. Kessler
5280460.4/43507-00063 xzssx,m. azaunwx, rasnMoxv ADDENDUM A
I Sill 2'crect, N.W. Sr'50 %hshinyoa, D.C. 20036 Q02) 652i5I76
In the Matter of 1984 Cable Royalty ) Docket No. CRT 85-4 84CD Distribution Proceeding)
ADVXSORY OPXNXON
On April 18, 1986, 'the Pxogram Suppliers moved foL declaxatoxy xuli.ngs regarding pxogram categoxisation in their 1984 Nielsen Special Study of distant viewing. The Program Suppliers asked: (a) Whether programs produced oX oxiginated uniquely fox a single gxoup of commonly-owned .stations and not licensed to ox broadcast by any other station should be included in the "Local" category; (b) whether the "Other" category should continue to include all telethons, coverage of political events, and parades, as well as "filler," "rain delay," "to be announced," and foreign language programs on non-specialty stations; (c) should the Tribunal determine telethons, coverage of political events& and parades are not to be included .in "other," what criteria axe to be used to classify these pxograms, as..they are rarely, if ever, listed in the SXB Booky ROSPt or
SPA; and (d) whether individual programs on foreign-.la'nguage specialty stations are to be classified separately. The Program
Suppliers also listed their definitional instructions to Nielsen in the appendix to their motion. The Tribunal received comments from the Joint Sports Claimants, NAB, Multimedia, and reply comments from the programthe'xibunal Suppliers. Xn addition to commenting'AB proposed that institute a general rulemaking to define all program types used by the Tribunal in Phase I proceedings. The Tribunal considers that it is sufficient at this time to issue an advisory opinion in areas where it believes have been of most concern to all parties. It is the Tribunal's opin'ion that: a) "Local pxograms" are progxams licensed to/produced by and broadcast by a single broadcast station during the calendar year in question, and not bxoadcast by any other station. (To the extent a syndieator of a pxogxam is considered in the "local" category because he/she was able to syndicate to only one station in the calendar year, he/she would be entitled to a settlement or a phase IX proceeding in the local category.) b) "Syndicated series and specials",.are programs licensed .'f to/produced by and broadcast by two, or more broadcast stations during the calendar year''n question. {The extent to which stations 'axe commonly'owned o' controlled and whether that should 'dimin'ish the'.amount the award are factual quest'ious 'to:be argued;.in the: proceeding.) c) programs characterized by some'artiies in past proceedings as "minor sports" s'uch 'as'wr'estling, high school athletics, coaches shows, etc., come under either. the "Local" or "Syndicated Series and Specials" category. d) Programs which have been placed in ithe "Other" category and/ox "Specialty Station" categcry ase more Properly defined as "Local," "Syndicated Series and Specialst or "Devotional." These include telethons, paradesg political events, foreign-language programs, and devotional programs on specialty stations.
Additionally, the Tribunal notes that the description of Devotional Programs listed in the Program Suppliers definitional'nstruction
are at some variance with Tribunal utilization of this category.
e) "Devotional Programs" are programs of a primarily religious theme. They are not limited to thoseTribuha3'otes programs produced for/by religious inst'itutionS. 'he that several programs produc'ed by local stations and represented by NAB received a settlement from the Devotional Claimants in the 1983 proceeding.
Edward H. RaP Chairman Dated: May 16, 1986 KESSLER REBUTTAL TESTIMONY ADDENDUM 8 Phase I Claimant Cate o Definitions
"Pro ram Su liers." Syndicated series, specials and movies, other than Devotional Claimants programs as defined below.
Syndicated series and specials are defined as including (1) programs licensed to and broadcast by at least one U.S, commercial television station during the calendar year in question, (2) programs produced by or for a broadcast station that are broadcast by two or more U.S. television stations during the calendar year in question, and (3) programs produced by or for a U.S. commercial television station that are comprised predominantly of syndicated elements, such as music video shows, cartoon shows, "PM Magazine," and locally hosted movie shows.
"Joint S orts Claimants," Live telecasts ofprofessional and college team sports broadcast by U.S. and Canadian television stations, except for programs coming within the Canadian Claimants category as defined below.
"Commercial Television Claimants." Programs produced by or for a U,S.,commercial television station and broadcast only by that one station during the calendar year in question and not coming within the exception described in subpaif (3) ofthe "Prograin Suppliers" definition.
"Public Television Claimants." All programs broadcast on V.S. noncommercial educational television stations,
"Devotional Claimants." Syndicated programs of a primarily religious theine, not limited to those produced by or for religious institutions.
"Canadian Claimants." All prograins broadcast on Canadian television stations, except (1) live telecasts ofMajor League, Baseball, National Hockey League, and U.S. college team sports, and (2) other programs owned by U. S, copyright owners.
"National Public Radio." Public radio broadcast programming.
"Music Claimants," Musical works performed during the course ofprograms that are themselves separately represented as parts of the preceding categories.
5279769.1 KESSLER REBUTTAL TESTIMONY ADDENDUM C COPYRIGHT ROYALTY JUDGES The Library of Congress %ashington, D.C.
In re
Distribution of 2000, 2001, 2002 and 2003 Docket No. 2008-2 CRB CD 2000-2003 Cable Royalty Funds (Phase Q)
DOCUMENT CERTIFICATION FROM THE COPYRIGHT ROYALTY BOARD FILES
I certify that, under my direction, the staff of the Copyright Royalty Board (CRB) has made a reasonable search of available files at the CRB. I certify that the documents attached to this Certification are a true copy of the documents maintained in the office of the CRB. The attached certified documents are:
3oint Notice Concerning Representation, filed by Urban Latino, TV, LLC Dated April 17, 2013
Notice Concerning Representation, filed by Litton Syndications, Dated April 25, 2013
o i etter from Marty Stouffer of Nary Stouffer Productions, Ltd, Dated April 26; 2013.
SIGNED this day of May 2013.
Suzanne M. Sarnett Chief Copyright Royalty 3udge
Certification ofDocumonts - 1 Sefore the COPYRIGHT ROYALTY RH)GES %'ashingtun, O.C.
) In the Matter of ) ) 1locket No. 2000-2 CRB CD 2000-2009 Distribution of the 2000, 2001, 2002 ) (Phase II) and 2009 Cable Royalty Vunds ) )
JOINT NDTICE CONCERNING REPRESENTATION
Urban Latino TV, LLC ("Urban Latino"); Remodeling Today, Inc. d/b/a Today':
Homeowner ("Today's Homeowner"); and The Television Syndication Company, Inc. (":TVS")
(each a "Claimant," and collectively, the "Claimants"), hereby give notice through their counsel
that Claimants terminated their respective agreements with worldwide Subsidy @soup and/or
Independent Producers Group (together, "IPG") and are no longer represented by IPG. The
Claimants further give notice that they have authorized under'sigried oounsel to represent their interests in cable and satellite statutory license proceedings before the CopyrightRoyalty Judges'"
Judges"). For purposes ofthe instant 2000-2003 Cable'Phase li Proceeding, Claiinau8 have designated the Motion Picture Association ofAmerica, Inc. ('%IPAA") as their Phase II relnesentative. Contrary to IPG's representation to the Judges inithe captioned proceedin, IPG
is not authorized to represent Claimants.
Clahnants Terminated Their'epresentation Agreements,VA'th II'G
On May 28, 2003, Urban Latino sent a letter to IPG via certified mail terminating its
representation agreement with IPG, effective immerhately. Bee Letter to Marian Oshita 5orn
Robert G. Rose, dated May 28, 2003 (attached hereto as Eshibit A). Vrbau Latino also instructed IPG to cease &om filing claims on its behalfand to "assign any claims under that
[texxmnatedj agreement that were made on behalf ofArtist and Idea Management ox Urban
Latino TV to'Hammerman, PLLC." See id. Urban Latino further instructed IPG to notify all copyright collectives that IPG was no longer authorized to continue to, or to claim, to represent
Uxban Latino. See id.
On March I, 2004, Today's Homeownex sent a letter to IPG terminating its representation agreement with IPG, effective immediately. See Letter to Marian Oshita from
Daniel C. Lipford, dated March 1„2004 (attached hereto as Exhibit 8). Today" s Homeowner instructed IPG to cease 5'om Sling claims on its behalfand to "assign any claims under that fterminatedj agreement that were made on behalfour tsic] programming to Hammermsn,
PLLC.'" See id. Today's Homeowner further instructed IPG to notify all copyright coilectives that IPG was no longer authorized to continue to, or to claim, to represent Today's Homeowner.
See id .
On April 29, 2004, TVS sent a letter to IPG terminating its representation agreement with
IPG, effective immediately. See Letter to Marian Oshita &om Cassie Yde, dated April 29, 2004
(attached hereto as Exhibit C). TVS instxucted IPG to cease filing claims on its behalfand to
"assign any claims undex any agreements that were made on behalf our [sic] pxogranuning to
Hammermau, PLLC." See id TVS further instructed IPG to notify all copyright collectives that
IPG was no longer authorized to continue to, or to claim, to xepresent TVS. See id.
II. Claimants Have Not Authorized IPG To Represent Their Interests In This Proceeding.
Notwithstanding the attached termination correspondence, Claimants have learned that
IPG listed them as "1PG-represented cMmants" in Exhibit IPG-1 to its Written Direct Statement
in the instant proceeding. Such listing was not authorized by Claimants, and should not be considered by the Judges. Claimants hereby xepest that their uatnesibe stricken fiem IMubit
IPG-1, aud that any Section 111 royalties due to Qaunauts be instead assigned to their
authorized Phase H representative, MPAA.
Respectful Iy submitted,
Phirard erman, Eq. D.C. Bar o. 0506 Intermediary Copyright Royalty Services a division ofHammerman PLLC Telephone: (202) 686-2887 Pacsimile: (202) 318-5633 ted copyrightroyalties.corn
33ated: April 17, 2013 CERTIFICATE OF SERVICE
1 hereby certify that on this 1.P day ofApril, 2013, a copy ofthe foregoing document was sent by Federal Express overnight mail to the parties listed on the attached savice list.
WdwePQ+lemum, Hag. SERVICE LIST
I
' DEVOTIONAL CLAIMANTS MPAA-REPRESENTED PROGRAM SUPPLIItRS I I I I I
Clifford M. Harrmgton Gregory O. Qlaniran, PILLSBURY WINTHROP SHAW Lucy Hohnes Plovnick PITMAN, LLP MTCHELL SILBERBERG 4 KNUPP LLP 2300 N Street, ¹W. 1818 N Street NW, 8th Floor Washington, D.C. 20037-1128 Washington, D.C. 20036
INDEPENDENT PRODUCERS GROUP
Brian D. Boydston PICK 8h BOYDSTON, LLP 10786 Le Conte Ave. Los Angeles, CA 90024 I JOINT SPORTS CLAIMANTS Robert Alan Garrett Philip R. 8odhbetg I Stephen K. Marsh LA% OFFICE OF PHILIP R. HOCSBERG James R. Woods 12505 Park Potamm Avenue ARNOLD A PORTER LLP 6th Floor 555 Twe18h Street, N.W. Potomac, MD 20854 Washington, D.C. 20004-1206
Ritehie T. Thomas Thomas J. Ostertag Iain McPhie OFFICE OF THE COMMISSIONER OF BASEBALL Christine Henter 245 ParkAvenue SQUIRE, SANDERS 4 DEMPSEY I,LP New York,NY 10167 . 1200 19th Street N,W. Washington, D.C. 20036 Exhibit A Via Cexti5ed Mail Maosn Oshita %or)dvride Subsidy Caoltp d/b/a In||epejulent Produces 9rouy 9909 8aataMoaica BIvd., // 65$ Beverly IIIIIs. CsIlforrtia 9Q2P,
The purpose ofIbis letter is to arnnlnate uny ayeemaats by and Artist and Mea ~gMet, Qd, aad Nbanletioo TV, LM, eprnetofthe relgvfsicn~progroro, ''IIrbso Latino TV,~ aod%orMv/Me Subsidy Group aud/or hrdependeot Pr~s Gap e%ctivc iuune8ately,
Neither%oridwide Subsidy Gtorrp d/b/a Independent Producers Oroup, nor Irahyeadeot Producers Oroarp d/b/a %'olde Subsidy Group„nor any other assets„efNIates, or ewjgnees ofyour orsamisanon(s) are authoxkrA to clshn to represern, to~t„orto file cry tours deeuroentation for pee5ng or torture clsirosfor my corapeny io any dotoestlo or htteroatioual roarters.
Yoa rrre hereby trmtrocted to residua any olairos uekr that ellreerneotthat vssre ronde on bebalfofArtist and Idea b/htuagemerrt or Urban Lst/no TV to 8aemaerrnaa, PLLc. You rvill be eoropeemted fuBy for soy olsmos in erich you have rend@ed services under the taoos ofany vuIM rsyeemerrt up through television yrogratnming year 2001 for cabIe aud setelNs retrsnsmission toysltyc4imsmledat the United 8tates Copyright Qtltce.
Please provide me vugh a detailed status report, copies of. and an accouotiug thr all elairas flled on behaà ofArtist and IdeaManagement or urban Latino Tv dotoestiealty and intemationsIIy by Jane 1$, 205, That inforojtatioo andaII f~eonurrunicebona should be directed to onr attorney Edtrard 8. Manrrmrxuan, Aq., Intenoediary Copyxiglrt Royalty 8ervtees,a division ofKunrnerrean, PLY, 9335%9annsin Avenue,'N.W,, Suite 440„%'a@iogtoo„D.G 206M-M2. pmdly,1 WNkf appreciate itIfyon would notig e!I eopJrigllt eolleclives wItlt Whrsn you have filed royalty clahosthat you oo looper represeot my company. Rtsnkyou.
One ~Plea.;Suite b-5 -He~yorit, e &008 QU) 253&t S~" QQ 2N=/tINIsur eevw.artistanCdsa,urn [email protected] Exhibit 8 lvisxisn Oshita Worldwide 8ubsldy Group kb/a Independent producers Group 9309 Santa Monica 91vd„ lj'55 Beverly Hills, California 90212
'Ihu purporc of this letter is to terrujoate any agreerceuts by snd between Rcmcdciing Today; iuc. auger 33anny Liyfbrrj, owrter ofthe televtsion pmgnan, today's 8otncovrner vrjttt gunnyLip~~ aud independent Prodaccrs Grany cKectivc nnmnHstcly'. Neither Worjdvride Subsidy'Cwtutp d/b/s Independent producers 6rcup, nor any othe agents, aÃliatcs, or assignees ufyour crssni ection(g) sre uuthorltuAt to ei atra to rcpre~ to represent, or to 9)e any morc docurttctttatjortfor pending or Sturu ctahus formy eruupsny in any dotuctrdc or International ~. You axe hereby instructed to assign any claims under that agreemeutthat werc made on 1~ our ptograrnnung to Hsruugxmsn, PLLC. Vonvril t be compensated idly for stay claims In whiich you have rcudeM harvjess under the terms of any vctjd asrccjeeut~ 8m&utth television programming yaga Rgb for cable and satellite xctrsustnismou royalty clsjtns Bled st thc United States Copyright 08ice,
please provide toe v8th a detailed status report, copies of, aud an accounting for aH claims Bled on bcjudf . of'"Today's Hctneowncr vdth Ihmuy Ljp&rd dtuncsticatfy anil Internationally by March l 5, 2004, ghat information end aH further cormrruuicstlons should be directed to our attorney FAivrsrd 8, Hauuucttuau, ~., Iztcxmadjary Copyright Royalty Services, a division of Hacnrncrnumt, pK LC, 5335 Wisconsin h,venue, N.%'., Suite 440, 5'eshington, D.t . 200 l $-2%2.
plusOy, I would appreciate it ifyou would notify ail copyright collecttves Ath w}}om you have@ed royalty claims that you no longer represent tuy contymy. Ihunkyou.
14Nt Cely Plead South ~ Mcblje, Alatuuua 868% 2%f83M4% ~ Fmc %1/688-~ ~ www&noytjptcrd.can Exhibit C 'ao" " ra%erldVAlie 8jkSidg:Cjitrrip'I'r'I'/gj/i't';It'rgepjyFrp~ re'rS gqpj"-":.,Ss„'"''i«'I ~
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'Pilrally,rjp+O'Qpreoitater it'&f y'Olt'4O5Jd''neetify al~jy4'gbt etrlte'e'tiVTBStmith m5Ol6 you have 6led roytaljy'''ciarm5:;9jlItjjn r'ro loge'r'"repr'esf'mt r'nj:Pj)hpCny'".". "'Tlil'lIikysIltlof "':
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$@,, Sabgsr::llsI!i":rrf14;.Snrffajips''p. Lpr'Tgwppfsi„ft:„S3jj,:g::ugq PHOIoIE." (407)':.7S8"&sllj''',.Sf F@! Nlrlff).lpga &IPkjt'-.'+A!I: IV$65~8I!rapdigy Ifp't I+" WiEBSITE'. itiM!rtf'p/Sp'p „p~ Before the COPYRIGHT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Docjxet No. 2008-2 CRB CD 2000-2003 Distribution of the 2000, 2001, 2002 ) (Phase II) and 2003 Cable Royalty Funds ) )
NOTICE CONCERNING REPRESENTATION
Litton Syndications, Inc, (hereinafter "LSI"), hereby gives'otice through its counsel that:
LSI terminated its xepresentation agreement with Worldwide Subsidy 'Group and/or Indeyendent
Producers Group (together, "IPG") and is no longer represented by IPG. LSI further gives notice thee it has authorized the Motion Pictuxe Association dfAinedca, Inc.'("1UIPAA")'to represent its 'nterests
in cable and satellite statutory license proceedings befoxe the Copyright Royalty Judges
("Judges"). For purposes of the instant 2000-2003 Cable Phaae IIIPxolceeding, LSI has
designated MPAA as its Phase 11 representative. Contrary to IPG's representation to the Judges
in the captioned proceeding, IPG is not authorized to x'epxesent LSI as'to any cable royalty year at
issue.
I. LSI Terminated Its Representation Agreement With IPG.
On August 13, 2002, Peter Sniderman of LSI sent IPG a letter terminating its
representation agreement with IPG due to "the unethical practices of one of PPG*s] principals
(Rani Galsz)." See Copy OfLetter to Worldwide Subsidy Group from Peter Snidexman, dated
August 13, 2002 (attached hereto as Exhibit A). Thereafter, on August 17, 2004, LSI senj IPG a
second. letter informing IPG that LSI was terminating "aH relationships with IPG/WSG," due to IPG's material breach of its contract with LSI, See Copy ofLetter to Marian Oshita &om Peter
Sniderman, dated August 17, 2004 (attached hereto as Exhibit 8). In this letter, LSI informed
IPG that "IP6/WS6 no longer represents LSI and its programming in any matter and may no
hoM itself out as doing so." See longer id.'ears
later, starting on May 11, 2012, LSI began receiving unsolicited email
correspondence &om IPG concerning LSI programtning for the years 2000-2003. See May 2012
Email correspondence from Denise Vernon to LSI (attached hereto as Exhibit C). On May 18,
2012, Mx. Sniderman informed Ms. Vernon that LSI "Iong ago terminated [its] agreement with
WSG for Gaud in the inducement &audulent behavior, and material breach." Mr. Sniderman further informed Ms. Vernon to "cease and desist" her attempts to collect royalties on behalfof
LSI. See id.
II. LSI Has Not Authorized IPG To Represent Its Interests In This Proceeding.
As the attached correspondence demonstxates, IPG is not authorized to represent LSI in cable or sate11ite xoyalty proceedings befoxe the Judges. LSI recently learned that IPG listed LSI
as a "IPG-represented claimant" in Exhibit IPG-1 to its Written Direct Statement in the instant proceeding. Such listing was not authoxized by LSI, and should not be considered by the Judges.
LSI hereby requests that its name be stricken from Exhibit IPG-1, and that any Section 111
. royalties due to LSI be assigned instead to LSI's 'authorized Phase II repxesentative, MPAA.
'oth Exhibit A and Exhibit 8 are Word copies ofMr, Sniderman's correspondence with IPG, retrieved t'rom LSl's electronic files, Mr Sniderman can verify that he personally sent both letters to IPG via U.S. mail on the dates indicated on the correspondence. CERTIFICATE OF SERVICE
I hereby certify that on this Q5 day ofApril, 2013, a copy ofthe foregoing docmnent was sent by Federal Express overnight mail to the parties listed on the attached service list.
Richard Sigler, Esq. / SERVICE LIST
DEVOTIONAL CLAIMANTS MPAA-REPRESENTED PROGRAM SUPPLIERS
Clifford M. Hamngton Gregory O. Olaniran
PILLSBURY WQ O'HROP SHAW Lucy Holmes PldvniHc I PITTMAN, LLP MITCHELL SILBERBBRG 8: KNUPP LLP 2300 N Street, N.W. 1818 N Street NW, 8th Floor Washington, D.C. 20037-1128 Washington, b.C. 20036
INDEPENDENT PRODUCERS GROUP
Brian D. Boydston PICK dt'OYDSTON, LLP 10786 Le Conte Ave. Los Angeles, CA 90024
JOINT SPORTS CLAIMAM'S
Robert Alan Garrett Philip R. Hochbexg Stephen K. Marsh LAW OFFICE OR PHILIP R. HOCHBBRG James R. Woods 1250$ Park Potomac Avenue ARNOLD 8t, PORTER LLP 6th Plooi 555 Twelfth Street, N.W. Potomac,.MD 20854 Washington, D.C. 20004-1206
1 Ritchie T. Thomas Thomas J. Ostertag Iain McPhie OPPICB OP THB COMMISSIONER OP BASEBALL Christine Henter 245 Park Avenue SQUIRE, SANDERS dt, DEMPSEY LLP New York, NY 10167 1200 19th Street N.W. Washington, D.C. 20036
August 13, 2002
Worldwide Subsidy Group 9903 Santa Monica Blvd., Suite 655 Beverly Hills, CA 90212
To %horn It May Concern:
This notice is to inform you that we wish to terminate our agreemeut with your company immediately due to the unethical practices ofone ofyour principals (Raul Galaz.)
From this point forward, we request that you stop representing our properties in the marketplace.
Sincerely,
Pete Sniderman
August 17, 2004
Marian Oshita Worldwide Subsidy Group/ IPG 9903 Santa Monica Blvd. Suite 655 Beverly Hills, CA 90212
As you know, the undersigned Litton Syndications, Inc., ("LSI") had previously entered into a Representation Agreement with you ("IPG/WSG") dated as of February 2, 1999, (the "Representation Agreement") which LSI previously terminated for IPG/WSG's breach. Notwithstanding such termination, LSI continued to allow IPG/WSG to pursue a cable/satellite retrausmission settlement on LSI's behalfwith the MPAA and Copyright Royalty Tribunal in connection with LSI programming for'he period of 1998 and 1999. Our attempts to contact you regarding your progress in this matter have resulted in ignored phone calls and emails. We are now informed you have missed a crucial deadline for filing claims on our behalfand that those claims may nowhave been lost as a result. Due to this material breach in your duties to LSI and its clients, LSI is hereby terminating all relationships with IPG/WSG, and will now pursue its claims directly with the parties involved, Accordingly, 1PG/WSG no longer represents LSI aud its programming in any matter and may no longer hold itselfout as doing so. This termination is without waiver of any rights LSI may have on account ofyour breach, and is not intended to be a complete statement ofthe facts or LSI's positions on this matter, all of which are expressly reserved. Very truly yours, Litton Syndications, Inc.
Peter Sniderman VP/ Business Affairs
From: [email protected] fmailto:[email protected]] Sent: Friday, May 18, 2012 12.09 PN To: Peter Snlderman Ca brlanblix.netcom.corn Sub)ect: Re.'Utton Syndlcations; flnal broadcast verification
Mr. Sniderman,
I have had an opportunity to review our flic on this matter, and your statementsare seriously mistaken initially, Litton Syndicatlons has never sent notice of termination to WSG, at least as far as we can discern. A few years ago you asserted that termination had occurred "in 2002" in email correspondence with Raul Galaz, then failed to produce any copy of any notice of termination, despite being expressly requested to do so.
Further, your statement that you terminated the agreement with WSG for."fraud in the inducement, frauduknt behavior, and material breach" is new. Nowhere has there ever been such an allegation made against WSG by Litton Syndications, or any party.
Turning to the agreement between WSG and Uttorn, it expressly provides that termination may only occur pursuant to the specificaticns of paragraph 8 of the agreement, which has not occurred. Also, you have previously asserted that termination occurred "in 2002". Presuming that you are refering to a "notice oF termination", 'then pursuant to paragraph 2 of the agreement, any notice provided during 2002 would result in the "Term" concluding no earlier than December 3%, 2002, and possibly later Paragraph 4 of the agreement, in turn, establishes that WSG's rights continue indefinitely for royalties attributable to the Term, and that WSG retains the ability to commission any royalties "applicable to the Term, or prior to lhe Term, Irrespective of when such Distribution Proceeds al'e payable." Paragraph 3 requires Utton Syndica5ons to cooperate with WSG, Including by identifying all of its programming.
In sum, it appears as though each and every time that you communicate with WSG, your recollection of events becomes more exagerated. If you have a nobce of termination, then forward it. If you have evidence of "fraud in the inducemen1, fraudulent behavior, and material breach", or even anything to suggest that you have previously made such an allegation toward WSG, then forward it. Regardless, even based on your asserted timeline, WSG remains entitled, in a worst case scenario, to collect on royalties attributable through calendar year 2002. It ls therefore both an obligation and entitlement of WSG to collect these royalties, and Litton's obligation to cooperate in such collection.
WSG will not forego'ts rights for setvlces it has professionally rendered. If Litton fails to cooperate, Litton wlil be held accountantable per paragraph 9 of the agreement. If Litton interferes with WSG's collections, it will be held accountable for breach of the agreement, and could further be sued for defamation of title and any other appropriate cause of action. If Litton publicly asserts that WSG engaged in "fraud in the inducement, fraudulent behavior, and material breach", I personally assure you that WSG will bring an acbon against Litton for defamation.
To be certain, I have no patience for a party riding on the coattails of WSG's work, then making false assertions as a means of avoiding its obligations. I trust this clarifies our position, and our expectatlon of your immediate cooperation, I.e„ today, with the data that WSG has forwarded.
Denise Vernon
Worldwide Subsidy Group Subteen REt l,itto&t Syudiconobo; a&tot broodceotvcrtttcotloo nate; I S&2912 7:12 38 A M. Pacific Daylight 'I. &mc Froo&t ~&lit?tLo.tv Tot ~li~wl
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We long ago tertrthtated the.agreement with WSG for fraud in the inducement, jraudujbnt behavior, and material breach. We suspect you are weH aware ofthe citcurrtstattces leading up to this. In fact, your efforts to collect untler this expired contract are hindering our own eQbrts to collect. Please cease rind desist attempting to'clo so
Peter Sniderman Chief Operating Officer Litton Entertainment
From: worjdwldesg@aohccttt &worldwidt~Oaol.mm&o To: Peter Sniderman Sent: Thu Nay 3.7 t2:30:07 2012 sutrlect: Litton sylldlcation3; final broadtust verifiicatk&n Dear peter, we ABSOLUTELY need your response at this time,
Thanks, Denise
—Original tAessa!ge—— From: worldwidesg ~ortdwidssg@aoLcom& To: peter &peter I&tton..tvo Sent: Fri, May 11,:?072 8&5{) am Subject: Litton Syndlcations; finaII broadc'ast verification Dear Sir/Madam, As the final step in orlr process of representing your company'I'laim to 2000-2.'003 U.S. cable retransmission royalties, we have identified each broadcast of the programs that you previously informed us were owned or controlled by your company. These broadcasts appear in the attached Excel spreadsheet. In some instances, multiple pl+grams appear with the same title. Neverthejttss, the broadcast information oftentimes provides additional inforination regarding the identity ofthe program. Consequently, and in order to preserve the integrity of your claim and the claims of all represented producers, it i.'s imperative that your company confirm that the broadcasts appealing on the attached Excel spreadsheet were ovvned or controlled by your company. ~ At this point we need you to do two things: I).immeHatelv forward a reply email con5rming yourreceipt ofthis email «nd its attachment. A simple xespanse with the word "Received" will suf6ce. Ifwe do not receive this reply we will need to coxitiuue emailing and calling you uittiI the delivtsy ofthe email is confixmed. 2)Immediatelv review the attached list oftitles and identify auy broadcast ofaprogram that was not owned or controlled by your company. This must be handled in the followmgmanner: in the column inunediately next to the program title, headed "Unclaimed Broadcast", phce an "x" oxtlv ifthe particular broadcast is ofa pxoaram for which the free tv rights were not owned or conMIIed bv vour comuanv at the time ofthe broadcast. We are only a few weeks away from the fBing ofour direct case with the U.S. Copyright ONce. Cons~neatly, it is imperative that your company complete this task immediately. Failure to immediately respond couldjeopardize your receipt ofmyalties, and we need vour response no later than Tuesdav. Mav 15. earlier ifuossible, We realize that this is a shorttime Same, however your cooperation is necessaxy as we are analyzing over eleven million broadcasts as part ofour presentation. Finally, allowme to remind you thatthis email contams highly pxoprietary information. Do not. shee this iinformation with any third pexty, as doing so could potentially harm both your claim and the clabns ofseveral hundred other represented claimants. Thank you for your immediate attention to this matter. Denise Vernon Worldwide Subsidy Group Attachment: Litton Syudicalions.xls
From: worldwldesg aol.corn frnalnworkhddssg sol.corn] Senti Friday, Nay 11; 2012 9:50 AN To: Peter Snldeiinan Sub)ect: Litton Syiidtccttons; final broadcast verlfkation
Dear Sir/Madam,
As the final step in our process ofrepresenting your company's claim to 2000-2003 U.S. cable retransmission royalties, we have identi5ed each broadcast ofthe programs that you previously informed us were owned or controlled by your company. These broadcasts appear inthe attached Excel spreadsheet.
In some instances, multiple programs appear with the same title. Nevertheless, the broadcast information o5entimes provides additional information regarding the identity ofthe program. Consequently, and in order to preserve the integrity ofyour claim and the claims ofall represented producers, it is imperative that yourcompany con5xm that tbe broadcasts appearing onthe attached Bxcel spreadsheet were owned or controlled by your company.
At this point we need you to do two things:
I) lnunediatelv forward a reply email confirming your receipt ofthis email aud its attachment. A simple response with the word "Received" will suf5ce. Ifwe do not receive tbis reply we will xieed to continue emailing and calling you unhi the delivery ofthe email is confirmed. 2)hnmediatelv review the attached list oftitles and identify ~ broadcast'of s program that was'Y'nlv not owned cr controlled by your company. This must be hanidled in the following manner: inthe cohnnn innnediately next to the program title, headed aUnehnmed Broadcast", pltsce an ifthe uarticuiarbroadcast is ofa uronrsm for whichthe free tv'iahts were not owned or control}ed bv vour comoany at the time ofthe broadcast
We are only a few weeks away Rom the filing ofour direct case with the U.S. Copyright Ofhce. Conge@neatly, it is imperative that your company complete this task immediately. PaBure to immediately respond couldjeopardize your receipt of royalties, and we need vour resuonse no . later than Tuesdav. Mav 1$. earlier if nossible. We reste that this is! a sport time frame, however your cooperation is necessary as we are analyzing over eleven million broadcasts as part ofour presentation..
Pinaily, allow me to remind you thatthis email contains higMy. proprietary.information, Do, not, share this infonmtion with any third party, as doing so could potentially harm both your claim and the claims ofseveral hundrei other represented claimants.
Thank you for your innnediate attention to this matter.
Denise Vernon
Worldwide Subsidy Group
Attachment: Litton Syndications.xls MARTY STOUFFER PRODUCTIONS I.TD.
April 26, 2013
Copyright Royalty Board Library OfCongress James Madison Memorial Building 101 Independence Avenue, SE Washington, D.C. 20559-6000
RE: Royalty Claims Made By Worldwide Subsidy Group d/b/a Independent Producers Group ("IPG") in Docket No. 2008-2 CRB CD 2000-2003 (Phase II)
To Whom It May Concern,
Through this letter, Marty Stouffer Productions ("MSP") provides notice to the Copyright Royalty Board ("CRB") that MSP terminated its July 17, 2001 representation agreement with IPG in July of2002 through a certifIed letter sent to IPG by MSP's outside counsel at the time, Nick McGrath, Bsq. Mr. McGrath is now deceased, and MSP does not have access to his files. As a result, MSP is unable to provide the CRB with a copy ofMSP's July 2002 termination letter. Notwithstanding this fact„MSP has been able to locate a copy of email correspondence that we sent to Marsha Kessler ofthe Motion Picture Association ofAmerica, Inc. ("MPAA") on July 16, 2002, which makes reference to the earlier termination correspondence. A copy ofthis email is attached to this letter for your convenience.
Please consider this letter formal notice fiom MSP that MSP has terminated its relationship with IPG. As a result, IPG is not, authorized to represent MSP in cable or satellite royalty proceedings before the CRB. To the extent that IPG has included MSP on its list of represented claimants in the ongoing 2000-2003 Cable Phase II Proceeding, please be advised that such listing was not authorized by MSP, and should be disregarded, For purposes ofthe ongoing 2000-2003 Cable Phase II Proceeding, MSP has designated MPAA as its Phase II representative.
erely,
arty St er, President Marty Stouffer Productions, Ltd. Enclosure.
POST OFFICE BOX 5057 ASPEN, COLORADO 81612, U.S.A. (970) 925-5536 Cc: Brian D. Boydston Pick 8t Boydston LLP 10786 Le Conte Ave. Los Angeles, CA 90024
Gregory O. Olaniran Lucy Hohnes Plovnick Mtchell Silbarberg 8t; Xnupp LLP 1818 N Street NW, 8th Floor Washington, D.C. 20036
Clifford M. Harrington Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, N.W. Washington, D.C. 20037-1128
Robert Alan Garrett Stephen K. Marsh James R. Woods Arnold 8t Porter LLP 555 Twas Street, N.W. Washington, D.C. 20004-1206
Philip R. Hochberg Law OfFice OfPhilip R. Hochberg 12505 Park Potomac Avenue 6th Floor Potomac, MD 20854
Ritchie T. Thomas lain Mcphie Christine Henter Squire, Sanders & Dempsey LLP 1200 19th StreetN.W, Washington, D.C. 20036
Thomas J. Ostertag Office OfThe Commissioner OfBaseball 245 Park Avenue New York, NY 10167 COPYRIGHT ROYALTY 3M3GES The Library of Congress Washington, D.C.
In re
Distribution of 2000, 2001, 2002 and 2003 Docket No. 2008-2 CRB CD 2000-2003 Cable Ro a1 Sunds P'base n)
DOCUMENT CERTIFICATION FROM THE COPYRIGHT ROYALTY BOARD FILES
I certify that, under my direction, the staff of the Copyright Royalty Board (CRB) has made a reasonable search of available Ales at the CRB. I certify that the document attached to this Certification is a true copy of the document that is maintained in the oNce of the CRB. The attached certified document is:
Notice Concerning Representation filed by Dream8brks, LEC a subsidiary of Paramount Pictures, Docket No. 2008-2 CRB CD 2000-2003 (Phase II); (Nay 7, 2023).
SIGNED this day of Nay 2013.
Suzanne N. Barnett Chief Copyright Royalty 3udge
Certification of Documents - 1 5555 Melroee Avenue Hollywood, CA 90038D397 5&5000
Before the
COPYMGHT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Docket No. 2008-2 CRE CD 2000-2003 Distribution ofthe 2000,2001,2002 ) (Phasb 11)l and 2003 Cable Royalty %unde )
)
NOTICE CONCERNING REPRI'elENTATION
DreamWorks, LLC, now known as DW Studios LLC, a subsidiary ofParamount Pictures,
(hereinaAer "DW"), hereby gives notice that DW terminated its'epresentation agreement'ith
Worldwide Subsidy Group and/or Independent Producers Group (together, "lPG") an'd is no longer 'merica, represented by 1PG. DW further gives notice that ithas authorized the Motion Pictam Association of 'he
inc. ("MpAA") to represent its interests in cable and satellite statutory license ptoceedings
before the Copyright Royalty Judges {"Judges"). For purposes ofthe instant'2000-20'03 Cable Phase 11
Proceeding, DW has designated MPAA es its Phase Ii representative. Contraiy to 1PG's representation to
Judges in the captioned proceeding, 1PG is not authorized to represent DW.
L DW Terrainated Its Representation Agreement With IPG. On July 16, 2002, Margaret E.G. Wilson ofDW seht IPG a letter'ertninatlngiits representation '002 agreement with IPG. See Letter to Worldwide Subsidy Group from.Maigaret E.G. %'ilsoji, dated July l6,'egin
(attached hereto as Exhibit A). This letter notified 1PG that "effective immediately" DW would
cogecting a)1 "Distribution Proceeds (ss defined in the [termiitatedj Agrceinent) on its own behalf,
and remit WSG's commission, as applicable, to WSG." See id. Despite receipt ofDW's termination
5266543.t143507-00063
A VlciCOhtt COMPANY 5555 Me/mse Avenue Houywood, CA 90030-3197 323-956-5000
letter, IPG has continued to hold itselfout as DW's agent without DW's consent or authorization. See,
e.g., Email from Bryan Boydston to Mary Basich, dated October 16, 2009 (attached hereto as Exhibit B);
Email from Raul Galaz to Mary Basich and Jean McBride, dated June 12, 2009 (attached hereto as
Exhibit C).
II. 9% Has Not Authorized IPG To Represent Ifs Interests In This Proceeding.
IPG is not authorized to represent DW in cable or satellite royalty proceedings before the Judges.
DW recently learned that IPG listed DW as a "1PG-represented claimant" in Exhibit IPG-I to its Written
Direct Statement in the instant proceeding. Such listing was not authorized by DW, and shouid not be
considered by the Judges. DW hereby requests that its name be stricken from Exhibit IPG-1, snd that
any Section 111 royalties due to DW be assigned instead to DW's authorized Phase II representative,
MPAA.
Respectfully submitted,
Mary L. ich, Esq. C.A, Bar No. 110887 EVP, Business/Legal Affairs, Worldwide Television Distribution Paramount Pictures 5555 Melrose Ave. Los Angeles, CA 90038 Telephone 323-956-7737 Facsimile: 323-862-6376 a Basich Paramount.com
Dated: May 3,2013
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roan ceii~coc m~niccy eh~~i~ c-Aii~~~~w c exec (otal ohio-oooo Basich, Ma - Paramount From: [email protected] Sent: Monday, November 02, 2009 t0:46AM To; Basich, Mary - Paramount Cc: woridwideSG aoi,corn Subject: RE: Worldwide Subsidy Group
Ms. Basich, There are several matters that I should clar'ify.
First, WSG has never purported to be an "agent" of DreamMorks. Rather, DreamMorks "assigned" rights to MSG, Your statement that royalties were "unquestionably" due directly to DreamMorks following termination is inaccurate, and runs directly contrary to the M56/Dreamworks agreement. Rather, oreamworks and Paramount unilaterally deemed that it would collect the royalties that were the subject matter of the agreement, without consultation or agreement with MSG. Nonetheless, MSG acceded, but OreamMorks then never accounted for any of the royalties that it received, as it had agreed it would do.
Second, MISG has never once been contacted by Dreamworks or its successors-in-interest and been instructed to cease apd desist any activity, por informed that it has interfered with DreamMorks'eceipt of monies . If you can provide any examples of these "repeat'ed" requests, so that we can be assured that this is not mere lawyery puffing, then please provide cor'respondence establishing the same and my client will investigate. In fact, the only exception to WSG's knowledge of WSG creating conflirting claims with DreamMorks are two instances from a relatively modest sour ce cf royalty income, Screenrights, which royalties were ultimately paid over to DreamMorks anyway and then not accounted to WSG.
Finally, WSG is obligated to account upon the receipt of royalties. It has received no royalties relating to the OreamWorks catalogue for the obvious reason that they have been collected by DreamWorks and its successors-in-interest. This has already been communicated to you and your colleagues.
At this time, please explain whether or not it is the intention of DreamWorks and Paramount to make the accounting to WSG to which it was entitled. Brian Boydston -----Original Message----- &Frofll: "Basicil Mary - Paramount" &Mary BasichIParamount.corn& &Sent: Dct 38, 2889 3:87 PM &To: brianbglix.netcom.corn &Subject: RE: Worldwide Subsidy Group
&Dear Mr. Boydston:
&As you may know, DreamWorks L.L C, now known as DW Studios L.L.C., &("OW") terminated its representation agreement with Worldwide Subsidy &6roup (MSG) by letter dated 3uly IG, 2882. You may not know that ¬withstanding such termination, WSG continued to register purportedly &as DW's agent, for purposes of applying for and collection of royalties &unquestionably due directly to DW, without Ow's authorization or &knowledge. Moreover, WSG's interference with DW's right to receive 1 &payment for its properties has resulted in delayed payme'nts~ and/or lack &o'f payments of amounts owed to DM, a!s it appears that amounts have been &withheld by various collecting societies due tc WBG's unauthor:ized &claims. Further, despite our repeated requests, MSG has failed to &provide DW with any accounting and/ol. payments for thee m~oni5s bollected &on DW' behalf.
&Accordingly, MSG is:in breach of the representation agreement for, &among other reasons, its failure 'to account to DW, its breach of &contractual and fiduciary obligations to DW, and its unauthorized ®istrations with certain collection societies. Nonetheless, in an &attempt to amicably resolve this matter, DM re:iterates its willingness &to acknowledge and remit any properly earned commissi'ons', from'amount's &received by DMP to MSG upon receipt of a full and complete worldwide &accounting from wsG of all amounts it has rece'.Lved (authorized'or &unauthorized) in connection wi'th the exploi'tation of any DW motion pictures and the payment of such &amounts to DW.
&This email is not a complete statement of DW's position:Ln this matter, &and DW hereby reserves all of .its rights and remedies related thereto.
&Nary Basich
7 &-----Original Nessage----- 'sent; &From: brianblix.netcom.corn [ma Llto:brianb9ix.netcom. comj Friday, October'6, 2889 18!18 AN &To: Basich, Nary — Paramount &Cc." wor ldwideSGgaol, corn &Subject: Worldwide Subsidy Group
&Dear Ns. Basich,
&This office is counsel to Worldwide Subsidy Group ("WSG"). As you are &aware, WSG agreed to allow royalties for various Dreamworks properties &dating back to &2882 and earlier, including, but not limited to "Galaxy Quest", to be &paid from Screenrights to Paramount subject to Paramount's agreement to &pay over 28K of'uch royalties to WSG.
&To date, no such amounts have been paid to WSG and~ pat am6untt ha~s nest &made any accounting of such co.'Llections to WSG. This is despite the &fact that Screenrights distributed royalties for "Galaxy Quest" over a &year ago. &Since &then, Screenrights has distributed additional amounts'or Dr!eamWorks &properties "Shrek" and "Chicken Run", but WSG has recj'ivhd rio money or &accounting from Paramount regarding those properties either .
&Under the circumstances, simply saying "we will account to you when we &get some money" is unacceptable. As we are inform~ed that such ir!only &has been paid to Paramount, WSG cannot simply accede to Such an &explanation. In short, if Paramount will not satisfactor'ily explai.n &the status of these royalties, account for them and pay them, WsG:L.s &left with little choice but to seek redress in court.
&please communicate with me as soon as possible to avoid a lawsuit.
&Brian D. Boydston, Esq. &Pick 5 Boydston, LLC &617 S. Olive St., Suite 488 &Los Angeles, CA 98814
&(213)624-1996 &(213)624-9873 fax
&This email (including any attachments) is for its intended-recipient's use only. &This email may contain information that is confidential or privileged. &If you received this email in conor, please immediately advise the &sender by replying to this email and then delete this message from your system. co I o c ] Sent: Friday, 3une 12, 2009 7:33 AN To: Basich, Nary - Paramount; NcBrlde, jean - Paramount /el b Subject: WSG/DreamWorks accounting; "Galaxy Quest"
Dear Ms. Basich and Ms. McBride,
Almost one year ago a conflicting claim was before Screenrights relating to the works "Galaxy Quest" and "Saving private Ryan". The dispute, as you may recall, centered around which party, WSG or Paramount (as the successordn-Interest to DreamWorks) was entitled to collect on the roya)ties generated by Screenrights for such programs, and remit the other party's share to the other.
At such time, Paramount submitted a letter dated July f6, 2002, pursuant to which DieamWorks terminated its agreement with WSG. DreamWorks asserted that the Term of the agreement was "terminated as of December 31, 2002" (inaccuratej and that DreamWorks will prospectively collect ail royalties applicable to the agreement and re)nit them to WSG. A copy of the letter is attached hereto. ln fact, and in connection with such dispute, by email of June 24, 2008, Mary Bas)ch, Executive Vice-President of Business and Legal Affairs for Paramount Pictures, conf)rmed that an account)ng for such monies would be made to WSG for "Galaxy Quest', but asserted that lhe International nghts to "Saving Private Ryan'ere not contro)ied by DreamWorks during the Term of the WSG agreement.
Notwithstanding, no accounting for the "Galaxy Quest" royalties collected by Paramount has occurred. In fact, no accounting for any royaiges collected by either DreamWorks or Paramount has occurred following the July f 6, 2002 letter. Although it often takes upwards of ten years to collect the types of royslges that were the subject of the WSG/DreamWorks agreement, the fact that there have been no accountings, inciud)ng the prom)sed account)ng for roya)ties clearly received within the lest year, now leads WSG to suspect that no accountings will be forthcoming.
At this time, I would formally request an accounting from Paramount for the Screendights royalties attributable to "Galaxy Quest", and any other royalties covered by ihs WSG/DrearnWorks agreement. As regards "Saving Pr)vate Ryan", I would further request a copy of any distribution agreement between DreamWorks and whichever party paramount contends wss entitled the international rights to such work. If such agreement spec)f)ca))y addresses the co)lection of any form of royalties covered by the WSG/DreamWorks agreement (e.g., educational institution royalt)es, relransmissfon royalties, blank tape levies, etc.), directing our a)tention to such provisions would be helpful. Any matters re)sting to parlicipations or other confidential matter can, of course, be redacted.
I look forward to your prompt response. If you have any quesbons in connection therewith, please feel free to contact me
Raul Ga)az Worldwide Subsidy Group SERVICE LIST.
DEVOTIONAL CLAIMANTS MPAA-REPRESENTED PROGRAM SUPPLIERS
Clifford M. Harrington Gregory O. Olaniran PILLSBURY WINTHROP SHAW Lucy Holmes Plovnick PITTMAN, LLP MITCHELL SILBERBERG 4 KNUPP LLP 2300 N Street, N.W, 1818 N Street NW, 8th Floor Washington, D.C. 20037-1128 Washington, D.C. 20036
INDEPENDENT PRODUCERS GROUP
Brian D. Boydston PICK Er. BOYDSTON, LLP 10786 Le Conte Ave, Los Angeles, CA 90024
JOINT SPORTS CLAIMANTS
Robed Alan Garrett Philip R. Hochberg Stephen K. Marsh LAW OFFICE OF PHILIP R. HOCHBERG James R. Woods 12505 Park Potomac Avenue ARNOLD k PORTER LLP 6th Floor 555 Twelfth Street, N,W. Potomac, MD 20854 Washington, D.C, 20004-1206
Ritchie T. Thomas Thomas J. Ostertag lain McPhie OFFICE OF THE COMMISSIONER OF BASEBALL Christine Henter 245 Park Avenue SQUIRE, SANDERS 4 DEMPSEY LLP New York, NY 10167 1200 19th Street N.W, Washington, D.C. 20036
5266543.1/43507.00063
COPYRIGHT ROYALTY JUDGES The Library of Congress Washington, D.C.
1n re
Distribution of2000, 2001, 2002 and 2003 Docket No. 200S-2 CRB CD 2000-2003 Cable Royalty Funds (Phase ll}
DOCUMENT CERTIFICATION FROM THE COPYRIGHT ROYALTY BOARD FILES
? certify that, under my direction, the staff of the Copyright Royalty Board (CRB)
has made a reasonable search of available files at the CRB. 1i certify that the document ~ attached to this Certification is a true copy of the document that is maintained in the'nd office of the CRB. The attached certified document is:
Notice Regarding Representation ofBBC Worldwide Venevision International Reel Funds filedby Fintage Pubilshing and Co1lections B.'., 'Docket No. 2008-2 CRB CO 2000-2003(Phase II); (Hay 9, 2013).
SIGNED this g9day of May 2013.
Suablne M. Barnett Chief Copyright Royalty 3udge
Certification ofDocuments - 1 Before the COPVMGHT ROVALTV SmGES ~A ~~r Washington, D.C. gjjg ~0/p
O~
) In the Matter of ) ) Docket No. 2008-2 CRB CD 2000-2003 Distribution of the 2000, 200I, 2002 ) (Phase II) aud 2003 Cable Royalty Funds ) )
NOTICE REGARDING REPRESENTATION OF BBC WORLDWIDE, VENEVISION INTERNATIONAL AND REEL FUNDS INTERNATIONAL
Fintage Publishing and Collections B.V. (hereinafter "Fintage"), hereby gives notice
through its undersigned counsel that Fintage represents BBC Worldwide ("BBC*'} and
Venevision International ("Venevision") as to the 2000, 2001, and 2002, and 2003 cable royalty
years.'intage also hereby gives notice that it represents Reel Funds International ("Reel") as to
the 2002 and 2003 cable royalty years. Fintage further gives notice that it has authorized the
Motion Picture Association of America, Inc. ("MPAA") to represent its interests in cable and
satellite statutory license proceedings before the Copyright Royalty Judges ("Judges"). For
purposes ofthe instant 2000-2003 Cable Phase II Proceeding, Fintage has designated MPAA as
its Phase II representative. Worldwide Subsidy Group and/or Independent Producers Group
(together, "IPG") is not authorized to represent BBC, Venevision, or Reel as to the royalty years
indicated above
'n September 2002, Fintage notified the Copyright Office that it had terminated its relationship with IPG, and provided a list of entities that Fintage represents. The entities identified herein were not referenced in Vintage's September 2002 filing.
2. 5260050.2/43507.00063
IPG Is Not Authorized To Represent Fintage Or Its Clients. 'n I. 'r or about August 2000, Fintage and XPG entered into an aglreeitient wh'ereby they 'greed
to jointly represent certain clients and to share in the secondary royalties collected on
such clients'ehalf, Thereafter, a dispute arose between Fintage and IPG regarding their
respective rights and obligations under their agreement. The parties proceeded to arbitrate the
dispute and entered into a settlement agreement, whereby the parties terminated their
relationship. Pursuant thereto, IPG agreed that Fintage would exclusively administer and collect
all royalties accruing for certain clients and IPG expressly waived and released any'alleged'rights
interests to make any claim or collect any monies on such clients'ehalf, Notably, XPQ .
agreed that Fintage had the exclusive right to administer landlcollect lail jloya]ties on behalfof
BGHDA. BBC and Venevision are both HGHDA clients, aud thus were expressly acknowledged
by IPG as being exclusive clients ofFintage. Accordingly, IPG is not authorized to represent, hr
to claim to represent, either entity.
At the time ofthe arbitration proceeding with IPG, Reel was identified as an IPG-
represented entity. However, in May 2003, Reel entered. into a written representation agreement directly with Fintage to have Fintage administer and collect royalties on behalf ofReel. This 'greement
covers cable royalty years 2002 and 2003, and supersedes any alleged prior agreement I
entered into between Reel and XPG. Thus, IPG is not. authorized to administer or collect any
royalties on behalfof Reel after royalty year 2001.
II. The Judges Should Not Award Royalties To IPG On Behalf Of BBC, Venevision, ~ And Reel As To The Royalty Years Indicate
As the above demonstrates, IPG is not authorized to represent BBC or Venevision cable
or satellite royalty procebdings before the Judges as to any royalty year. IPG is also not
authorized to represent Reel as to royalty years 2002 and 2003. Yo the extent that IPG listed
st680$0.z/43507-00063 BBC, Venevision, or Reel as "IPG-represented claimants" in Exhibit IPG-1 to its Written Direct
Statement in the instant proceeding, such listing should be disregarded as to the royalty years
identified herein. Pintage hereby requests that any Section 111 royalties due to the Fintage-
represented clients addressed herein be assigned instead to Fintage's authorized Phase II
representative, MPAA.
Respectfully submitted,
Sonia Y. Lee, Rsq. C.A. Bar No. 191837 Raines Feldman L1.P 9720 Wilshire Boulevard, 5th Ploor Beverly Hills, California 90212 Telephone: (310) 440-4100 Pax: (424} 239-2242 sleeQraineslaw.corn
Dated: May 8, 2013
1. 5268050.2/43507-00063 SERVICE I IST
DEVOTIONAL CLAIMANTS MPAA-REPRESENTED PROGRAM SUPPLIERS
Chfford M. Harrington Gregory O. Olaniran PILLSBURY WINTHROP SHAW Lucy Holmes Plovnick PI%I~, LLP MITCHELL SILBERBERG 4 KNUPP LLP 2300 N Street, N.W. 1818 N Street NW, 8th Floor Washington, D.C. 20037-1128 Washington, D.C. 20036
INDEPENDENT PRODUCERS GROUP
Brian D. Boydston PICK 8h BOYDSTON, LLP 10786 Le Conte Ave. Los Angeles, CA 90024
JOINT SPORTS CLAIMANTS
Robert Alan Garrett Philip R. Hochberg Stephen K. Marsh LAW OFFICE OF PHILIP R. HOCHBERG James R. Woods 12505 Park Potomac Avenue ARNOLD 4 PORTER LLP 6th Floor 555 Twelfth Street, N.W. Potomac, MD 20854 Washington, D.C. 20004-1206
Ritchie T. Thomas Thomas J. Ostertag lain McPhie OFFICE OF THE COMMISSIONER OF BASEBALL Christine Henter 245 Park Avenue SQUIRE, SANDERS 8c DEMPSEY LLP New York,NY 10167 1200 19th Street N.W. Washington, D.C. 20036
5268050.2/43507-00063 ,I
I
I ~4"@ .
jetncy G. tr{ n/ ihfwtwiglng uii»w,':ten's&t,t„cr, d &xtr&'nt
rienera ciaam~,l gt»-'anuary
22, 20()3
Mr, Raut Galaz.'orl'divide Subsidy'roup
l 9275 Stone Oak Parkway San Atitonio, TX 78258
Re; Re x'esentation A ~reemertt
Dear Mr. Galaz:
Reference is made to the Reinstatement Agreement between the United States Olympic Committee (the "USOC") and Worldvvide Subsidy Group ("WSG"), dated July 25, 2000 (the "Agreement"). The purpose of this letter is to notify WSG that, pursuant to Paragraph 2 of the Agreement, the. USOC is exercising its right to terminate the Agreement effect:ive July 25„2003.
Plcttse provide a full accounting of all claims that have been filed on behalf ol'he USQC.
Sincerely, /'" '",)
Is Jeffrey'. Benz.
Keith Allo Greg Downey Kelly ivlaynard Dan Perini
COPYRIGHT ROYALTY JUDGES The Library of Congress Washington, D.C.
Irr re
Distribution of2000, 2001, 2002 and 2003 Docket No. 200S-2 CRB CD 2000-2003 Cable Ro al Funds {Phase II)
DOCUMENT CERTIFICATION FROM THE COPYRIGHT ROYALTY BOARD FILES
I certify that, under my direction, the staff of the Copyright Royalty Board (CRB) has made a reasonable search of available files at the CRB, I certify that the document attached to this Certification is a true copy of the document maintained in the office of the CRB. The attached certified document is:
- Farm 3ournal Electronic Media letter from Bob Ford, dated 3uly 1, 2007„
SIGNED this~ day of April 2013.
Suzann M. arnett Chief Copyright Royalty 3udge
Certification ofDocuments - 1 RECEIVFG 's.
NL O 6200/
Royalty Board Gina Giuf&eda Copyright Copyright Royalty Board P.O. Box 70977 Southwest Station Washington, DC 20024-0977
Dear Ms Giuf&eda,
In reference to filing of Cable and/or Satellite Royalty claims on behalfofFarm Journal
Blectronic Media be it known by this notification that World Wide Subsidy Group d/b/a . Independent Producers Group was not granted the authorityto Gle claims on behalf ofFarm Journal Electronic Media for the years and file numbers hist'lelok.
2001 Cable ¹518 2001 Satellite ¹214 2002 Cable ¹245 2002 Satellite ¹625 2003 Cable ¹269 2003 Satellite ¹549 2004 Cable ¹607 or ¹608 2004 Satellite ¹311
In the event that World Wide Subsidy Group d/b/a Independent Producers Group has filed a claim for the year 2005, the same noti6cation applies.
Further, Farm Journal Electronic Media has not granted World Wide Subsidy Group d/b/a Independent Producers Group the authority to 61e claims orin any wayrepresent Farm Journal Hlectronic Media in matters pertaining to Copyright Royalties ixi the year 2006 nor in any year going forward. Any questions concerning this matter should be directed to Bob Ford, Director of Distribution, 25 Executive Drive Suite A, Lafayette IN 47905. !
Sincerely,
Bob Ford Director ofDistribution Farm Journal Hectronic Media
Farm Journal Electronic Media ~ 25 Execuiive Drive, Suite A ~ Lafayette, IN 47905 Phone: 765-449-6000 ~ Fax: 765-449-601 0 Cc Tanya Sandros Copyright Arbitration Royalty Panel Copyright Office General Counsel — Information k Reference P.O Box 70400 Southwest Station Washington D.C. 20024
Cc; Mr. David O. Carson General Counsel US Copyright Office 101 Independent Avenue, SE Washington, DC 20559-6000
Cc Lisa Katona Galaz World Wide Subsidy Group d/bla Independent Producers Group 21715 Bra@os Bay San Antonio, TX 78259
Cc: Brian D. Boydston, Esq. Pick 0 Hoydston, LLP 1000 Wilshire Blvd., Suite 600 Los Angeles, CA 90017-2463 COPYRIGHT ROYALTY JUDGES The Library of Congress Washington,.D.C.
In re
Distribution of 2000, 2001, 2002 and 2003 Docket No. 2008-2 CRB CD 2000-2003 I Cable Royalty Funds (Phasel II)I
DOCUMENT CERTIFICATION FROM THE COPYRIGHT ROYALTY BOARD FILES
I certify that, under my direction, the staff of the Copyright Royalty Board (CRB) i has made a reasonable search of available files at the CRB. I certify that the document
attached to this Certification is a true copy of the document that is maintained in the I oNce of the CRB. The attached certified document is:
Letter from Bob Ford, Director ofDistribution Fanh 2burhal Flectronic Media; DatedAugust 6, 2007.
SIGNED this 20 day of May 20i3.
SuzaA+ M. Barnett ChieMopyright Royalty 3udge
Certitication of Documents - 1 AUI OQZOOZ
Copyright Royalty Board
Ms Gina Giuffreda August 6, 2007 Copyright Royalty Board P.O. Box 70977 Southwest Station Washington, DC 20024-0977
Dear Ms Giuffreda,
Please disregard the correspondence dated July.1, 2007 regarding the representation of Farm Journal Electronic Media by World Wide Subsidy Group d/b/a Independent Producers Group. A valid representation agreement extension dated 6/12/2002 to an agreement dated 7/12/2001 has been demonstrated by Independent Producers Group. Therefore Independent Producers Group does have representation rights for Farm Journal Electronic Media and its Cable and/or Satellite Royalty claims for the years 2000-2006.
Any questions concerning this matter should be directed to Bob Ford, Director of Distribution, 25 Executive Drive Suite A, Lafayette IN 47905.
Sincerely,
Bob Ford Director of Distribution Farm Journal Electronic Media COPYRIGHT ROYALTY BOARD
THE LIBRARY OF CONGRESS
IN THE MATTER OF:
DISTRIBUTION OF 2000, No. 2008-02
2002, 2003 CABLE ROYALTY FUNDS CD 2000-03 Phase II
Monday, June 3, 2013
Fourth Floor Hearing Room Madison Building Library of Congress 101 Independence Avenue, SE Washington, DC The above-entitled matter came on for hearing, pursuant to notice, at 9:30 a.m.
BEFORE: THE HONORABLE SUZANNE M. BARNETT, Chief Judge THE HONORABLE JESSE FEDER
THE HONORABLE DAVID STRICKLER
Nea! R, Gross 5 Co., inc. 202-234-4433 APPEARANCES» caMTENTS
on Behalf of tha sar.tliag Devel»(anal MITNE!IS . "DIRE(T CRO5S RE(»IREcT R'SCROSS Ci !limen(s r Her*ha Kesrler 101 2 (r 6 CIIFFORD N. Nl»RRINGXan, Bsg. HATTMEM G. NacLEAM» ESQ. By I!t, Beydsteh 135 211 of r Pillsbury I!iathrap straw Pittlsau, LLP acndr'Hart[a '15 23DD N Street, Narthwest By Nr, Bcydstca 23.1 Nsshingtcn, DC 20037-112;! By Nr Narringtclr 236 [2D2) GG3-8525'elvirr Patterscn 237 27D
Am!OLD 5'DTSKER» ESQ By Nr, Dcydstca 253 of; Lute'1st ahd Lutshcr, LLP 1233 20tlr s'terat, Berth»rest Paul Incdstrcm 280 Vlsshingtcn, DC 20036 [202) 409-7600 EXHIBIT Ma. DESCA'!P?109 NARK AECD thplvr 359 Direct Tcs'lineny of Dn Behalf of tha .Inrlapsudcnt Pxcduccrs Croup : Marsha Kas.alar 105 106
5)uAN D. SDVD!!TON» ESQ. 13 5 9 'ebut'tal Tt.st)many ef cfr P1SA I Bcydaten, LLP 'Nrrrslar Kaaslex 327 125 1079S Lccchte Avenue 360 Direct Test(macy cf Lcs Angeles, (m 90024 Scads Next(u 222 223 I2131 624 1996 361 Reb'utthl Tastincey cf r On Behalf of the Hcl'rien Picture Gauds Nest(a 224 255 Asser)utica rf America: GREGORX O. OIGMIXPV!N, 55Q, Direct Tesrriecay of Lvcy HOLMES FIA&VMICK» ESQ. Kelvin R. Pst.tersce 249 KIHBERLY NGM?DH, ESQ. I Direcrt ?est(reasy of cfr H1tchell 0(lbuxberg 4 ?supp, Paul D, Liadatrcm 293 I LP 1019 H Street, Ncrthuest I XPG I 500 Reprcseataticn Agrecocnt 137 141 Eighth Fleer 501 'Ocr»i'fioat(enr 145 204 I'Iashingteu, DC 20!!38 502 'ir»'lrr 'Gpurrrrrl 155 204
[202) 355-7PI:I [ 503 'Hcirrcrh Pm»gxarrsihg 265 rei
P-R-0"C"E"B-D-I-)G-G-E (g!32 a.m.)
CHIEF JUDGE B»r)R)GETTI There haE
been one change since we were 011 here before, It used to be that. the microphones an counsel table were nat live unless you pressed. They'e the opposite naw. They'Ie always
ALSO PAESEMT: 8 live. Sa, if your're going ta confer with one
8 another be sure ta mute the micrap'bane. IIAVL GAI 45 )0 Dkayr goad Blaming, all. This is VICTORIA LIMCM
959158 Vl. PROM the;ddte; and time set for hearing in Phase ZI 12 of the distribution proceedings commenced 13 under Copyright Royalty Board Dacket Number 2008-2 in re the distribution of cable royalty 15 funds for the years 2000 t.hrough 2003. 16 I think I have met yau all. I'm
Judge BuEanne Barnettr the Proverbial last man
18 standing since wo last met. Judge EtrSssar 19 very happily reclaimed hi, position as senior 20 counsel ta the Ca'pyright Royalty Board. Judge
21 Roberts accepted 3 position as Senior Counsel 22 ta the Register of Copyrights.
Neal R.. Gross 8 Co, Inc. :? 02-234-4433 Page 94 Page 96;,
1 other programs. vexsion is still rife with errors and we'l You'l be hearing testimony from 2 prove that in our evidence. Significant
3 sDC witness Dr. William Brown, a professor and 3 programs claimed by SDC appear to have been
4 research fellow at the School of omitted from SDC's.data while programming
5 Communications and the Arts at Regent based on IPG claims that the Judges have
6 Dniversity, a former dean o'f that school. already dismissed from this proceeding are
7 He's also a partner in Brown, Fraaiaz and included. The formula relies primarily on the
8 Associates, a consulting firm. And he' gross number of minutes of program air, a
6 previously been qualified as an expert .in the 9 factor long rejected by every body charged
10 Phase 1 2006 to 2005 cable distribution 10 with allocating royalties, the CRT, the CARP,
11 proceeding. and this body. 12 You'l also hear briefly in our 12 It also employs a methodology 13 case from Allen Whit, the data analyst, who ). 13 often criticised and zecently rejected by the
14 generated the zeports of viewing data I'or Judges in the 2006-2005 Phase 1 proceeding 15 devotional programs, programming based on 15 called fae generation. It's the effort to 16 Nielsen and Tribune data that Dr. Brown relied 16 match programs transmitted to fees paid by 17 on in allocated proportional shares. cable operators. 18 You'e heard the opening statement. 18 How the Judges have previously 19 of IPG and you'l heaz evidence from them. 19 acknowledged there's no reasonably effective 20 IPG is a private, for profit business, which 20 wsy that ties feed to tie — fees paid in, to 21 has purportedly authority to collect royalties 21 programs carried. In IPG's case, it's a 22 for certain producers of religious programs 22 particularly awkward and misguided attempt to
Page 95 Page 97
1 and in return for that, they receive between capitalize on the royalties paid that often
2 15 and 40 percent of the funds that are bear no marketplace zelationship to its
3 distributed to IPG and ite clients. putatively represented content. And that is The contrast between the cases of the role of this Court or this Board to find
5 IPG and SDC are pronounced. IPG relies on a marketplace value.
6 formula developed by Raul Galas, the founder In contrast, we will provide you a 7 of IPG, a man with no advanced training in study of program viewing, long the primary
8 statistics or economics, and who is 8 standard fox Phase 1 case. In recent l 9 admittedly, we'e heard this morning, not an ~ '9 decisions, primacy of ratings have given away 10 expert 1n the field. Nor does he have 10 to the Bort study based on a survey of cable experience in producing, distributing, or opezators. unfortunately, as noted by the 12 placing religious programming on television 12 CARP in the '98-'99 case, when the Sort suzvey 13 stations or in the cable television i.ndustry.. 13 cannot be used, you have to f(nd an The distribution formula advocated alternative approach and the Bort approach 15 by IPG apparently achieves different results 15 zeally does not work for individual programs.
16 at the whim of its creator. SDC has received It works for program categories, but not three different sets of tabulations over the individual programs because there's no real past year, the last of .which we received at 18 way to ask a group of cable operators about
4 p.m. Friday afternoon, three days ago. thousands snd thousands of potential program 20 Although each variation purports 20 titles. 21 to correct highly material errors and In those cases, the CARP noted a 22 formulation and calculation, the latest study of ratings results can be very helpful
Neal R. Gross 8 Co , Inc. 202-234-4433 Page 98 Page 100 to determine the value of competitive claims. Also,, just berause we seam to have
2 Here, we will present the results of distant 2' no Control aper'the'emperature in this room, 3 cable household viewing and Nielsen's rating 3 please feel free if it becomes oppressive to I ' 4 data assessed by an expert in ths field. 4' take your jackets off. It's — :we won't take
5 Unlike IPG's witness, SDC's expert has no 5 offense. We'l understand. We'e wearing
6 personal ox family interest in the results of 6 plastic bags, so we know how it is..
' 7 this proceeding and can offer his professional (Laughter.)
8 and scholarly views on the data he has Ms. Plovnick.
9 assessed. 9 WHEREUPON, 10 Zn sum, as Judges, you'e faced 10'ARSHA KESSLER
11 with the alternative of a flawed, amateurish 11~ ~ WAS~ CALLED FOR EKAMXNATXON BY COUNSEL FOR THE
12 methodology, whose author snd close family IB ~ ML?PEON PICTURE ASSOCIlLTION OF AMERICA lQID,
13 members have s personal and direct financial 13' HAVING FIRST BEEN bULY BWORHq WAS EXAMINED AND 14 interest in its adoption versus a fair and 14 TESTIFIED AS FOLLOILS: 15 balanced approach that zelies on viewing data 15 ' ' Ms.'LOVNIcKL And Your; Honor, one 16 and ratings that is an industry standard. We 16: small housekeeping matter before I begin,
17 zespectfully urge the Judges to listen 17I I beclkusel tha'arties'tilized certain exhibit 18 carefully to the testimony, given careful 18 'umbers'n the pre14minary hearing, 'we were 19 attention to the evidence. We'e confident 19 'oing to go'ith the next MPAA exhibit number 20 that you will reject IPG's approach and adopt 20 'hich fur ua ~ould be 358, if that'
21 tha approach advocated by GDC Thank you. 21' pszLniss5bla?
22 cHIEF JUDGE BARNETT: Thank you, CHIEF JUDGE BARWETT! I 'hink
Page 99 Page 101 ~
1 Mx. Harrington. We have 23 minutes until we 1 that's a capital idea. Thank you
2 break for lunch. Do ws have any witnesses 2 MS. PLOVNICK: So we will do that
3 here and available this morning? 3 ~ Thank yuu, Your'onor.
MS. PLOVNZCK: Yes, Your Honor. 4 DIRECT EIULMI%LTION I I
5 We have Ms. Rassler haze and we probably have . B 'Y MS ~ PLOVNICKL
6 shout 30 minutes for her. I don't know if you 6 9 Will you please state your name 7 want to take that now or wait until after 7 and spell it for the record? lunch. l' Marsha E. Rassler, Marsha, M-A-R-
rHZEF JUDGE BARNETT: Let's take S-H~A, Ksssler, K-E S-S L-E-R. 10 it now and we'l adjust our noon break Aze you currently employed? accordingly. A No, I'm retired.
12 MR. HARRINGTON: Your Honoz, while 12 0 When did you retire? I, 13 the witness is approaching, I just wanted to 13 A August 20, 2010.
14 clarify that as Z recall from your order, it 14 Q And where did you work before you 15 was appropriate for counsel who did not use 15 retired'? 16 their allocated time to reserve some time for Motion Picture Association of
17 witness cross examination and we would liL;a to 17 America.
'18 do that. 18 U What was your position at the 19 CHIRP JUDGE BARNSTT: Okay, thank 19 Motion Picture Association of America? 20 you. Presumably, you all would. You'e all 20 A I had the same position.under 21 left time on the table and you may add it to various titles. At the time I retired I was 22 your total. 22 the vice president of Retransmission Royalty
Meal R. Gross 8 Co., Inc. 202-234-4433 Page 102 Page 104
1 Distribui.ion. canadian copyright Boazd and also befoxe
2 0 And how lang were you in i:hat 2 Congress. 3 position? 3 0 When you testified before those
4 A Mors than 28 years, lass than 29. 4 bodies on whose behalf did you testify2 0 What were your responsibilities in 5 A In phase 1 proceedings, I
6 that position? 6 testified on behalf of sll progxam supplier
A I had a broad category of 7 claimants. Xn Phase 2, I represented the
8 responsibilities. I helped our claimants fi.le 8 MPAA-represented program supplier claimants.
8 their claims with the Copyright Office. I 9 0 Ms. Rassler, what's your 10 assisted in the Nielsen viewing studies and I 10 educational background?
11 worked with the various 1egal, accconting, A X have bachelor's and master' 12 data technology professionals who provided 12 degrees in Spanish Language and Literature and services related to the distribution of 13 I have a non-credit degree as an ESL royalties. 14 instructor. 15 0 Where were you before NPAA? 15 MS. PLOVNXCK: Nay I approach the
16 A X was one of the founding membezs 16 witness2 of the Licensing Division here in the 17 CHIEF JUDGE BARNETT: You may.
18 copyright Office. BY NS. PLOVNXCK:
19 0 How long were you at the Copyright 19 I am now showing you, Ms, Rassler, 20 Office'? 20 a document that's been premarked as MpAA 21 A I think it was about four years 21 Exhibit 358. For the record, NPAA Exhibit 358 22 from roughly 1978 or '79 to '82. 22 is entit1ed "Direct Testimony of Marsha E. Page 103 Page 105 0 What were your responsibilities 1 Kessler, dated Nay 30, 2012."
2 there? (Whereupon& the above-referred to
3 A Initially, there was a jukebox 3 document was marked as MPAA
4 compulsory license. I don't think it' Exhibit 358 for identification.)
5 administered here, bui at any rate I did s Have you seen this document
6 little bit of jukebox work and then when 111 6 before, Ms. Kessler?
7 came into heing I examined statements of A Yes, I have.
8 account and later I wss promoted to be a lead 8 0 What is NPAA Exhibit 358'?
9 examiner which meant I examined statements of 9 A It consists of my direct testimony
10 account. But I also advised colleagues when 10 plus I believe they'e called appendices A they encountered difficulties or problems with 11 through F.
12 a particular statement of account 12 Q Do you have any corrections to
Q Have you ever testified betore 13 NPAA Exhibit 358? this body or any other body in connection with 14 A I do not. 15 the statutory licenses? 15 0 And do you declare today that MPAA 16 With the exception of the '78 and, 16 Exhibit 358 is true and correct snd of your
17 '79 proceedings, I 've sppeared in sll Pbyse I, . 17 persqnai knowledge? 18 proceedings and I believe all Phase 2 18 Yes, I do. 19 pxoceedings to the extent there were any. MS. PLOVNXCK: Your Honor, I move 20 0 Have you aver testified in any 20 to admit NPAA Exhibit 358 at this time. 21 royalty proceedings for other countries' 21 MR. BOYDSTON: No objection, Your
22 A Yes, I'e appeared before the 22 Honor.
Meal R. Gross 8 Co., Inc. 202-234-4433 Page 106 Page 108
MR. HacLEAI4& No obj acti on, Yozir Q Is t:hat list broken down by year'?
2 Honor. A Yes, it is.
CHIEF JUDGE BAIINETT: Exhil&it 358 Q And «hy is that?
4 .is admitted. A The same group of people may not
IThe document, having been marked claim from year to year. There may be name previo'usly for identification as 6» changes. There may be organizations who hav! HPAA Exhibit 3.'&8, was received in 7' claims in one ydar who don't have them i' evidence.) next, So in order to gi,ve an accurate
BY HS. PLOVNICK: zef3.ect1.on of the participants for each year,
3.0 Q Hs. Keasle:r, what i.s the purpose 10 I broke it down by year.
of your testimony today? ! 13! Qi Approximate1.y how many olaimants
12 A 'I'l talk abou1 three things 12 does HPAA represent each royalty year'?
today. First, I'l give a description of t:he 13 A Approximately 100.
nature of the programming 1&hat's covered under Q Does NPAA also indirectly 15 the HPPA program supplier clair&. I'l also 15 rep:resent any claimants? discuss the method by which MP?tA had it:s A'e do. Many of these claims are 17 claimants assert to their bona fides to 17 what is called joint claims. A joint claim 18 collect royalties for .individual programs. 18 would be where an umbre31a organization claims
19 And lastly, 'I 'll talk,abou1 my role in the 19 on behalf oE multip3.e p&rogram owners. If you 20 special Nielsen studies. 'r 0 take those entities into account., we repzesent
21 Q Ms. Kessler, d id you testify in 21 roughly 14013 claimants per year.
22 Phase 1 of this proceeding'? Q Does HP?tA have a representation
Page 107 Page 109 A Yes, I did, agreement with al,l of the entities listed on
Q Is a copy of that testimony Appendix B?
attached to HPAA Exhibit 358? A Yes, we do.
A It is. It is shoirn as Appendir: A. Qi i To your'eel".imor&y. Do t'hose
Q Thank you. Who does NPAA agreements authorize MPAP to represent the
represent in this;oroceeding? 6 i interest ofijoint claimants on joint claims' i A We have not only the major stuclies A Yes& 'they do.
that Mz. Olaniran alluded to, kiut iie have 8 Q So what sort. of programs does NPAA literally of dozens of — well, large, medium, represent in thi.s proceeding'
10 and small claimants with our group. They A If you 3ook at pages four thzougin
originate not only in the tinited states, buit 11 six of my testimony, you'l see that the I also some in Canada and parts of Europe. 12 program: that fall under the MPAA umbrella are
I 13 Q Did you provide a 3ist of the kiPAA 13 widely desc&ibad as series and movies, but to represented claimants as a part of your limi.t it. to that: description rea13y doesn'
15 testimony? 15 give ua the basi.s for appreci.sting the actual
16 A Yes, I did. 16 kinds oi; progra&mningi that we have. Some of
17 0 And ca&3 you please identify where the progzanv&ing is anim~rted, Some of it is 18 that appears? live action. An example would be Friend:- for
19 A It prepazea as Appendix 8 to my a live action show. The sinpsons «auld ba an 20 testimony. 20 example of an animated show.
Q Is that B as in boy? 21 We have movies such as The African
22 A B as in Boyston. 22 Queen or A Fi.sh called Wanda, one of my
Meal F!. Gross 8 Co., inc. 202-23 4-4433 Page 110 Page 112
1 favorites. We have game shows li.ke Family 1 at the Copyright Office. And third, we had
2 Feud or Jeopardy. We have spo'xts shows and 2 thea} certify a list of works for which we weze
3 sports-related programs. For example, Women 3 prepared to make remuneration.
4 of Wrestling is a show, oz George Michael 4 {} Where those standards in place for
5 Sports Machine. We have pageants and awards 5 the 2000 to 2003 cable royalty years?
6 shows such as the Pifth Annual Family Friendly 6 A Yes, they were.
7 Awards or the Golden Globe Awards. We have Q And was one of your requirements
8 news shows such as the McLaughlin Group. We 8 also that the claimant execute a
9 have health and fitness shows like the Wai 9 representation agreement with MPAR?
10 Lans Yoga show that is referenced here. We 10 A I'm sorry, that's one of the very 11 have animal shows such ss Animal Rescue. And 11 important ones that I forgot. They absolutely '12 then finally, we have talk and interview 12 had to — there needed to be a mutually 13 shows, for example, The Oprah Winfrey Show. 13 executed representation agreement between MPAA
Q Is there a place in your testimony 14 and the claimant.
15 where you list all the different titles that Q }hid MPAA require its claimants to 16 MPAR represents i.n this proceeding? 16 certify each of the titles that they
17 A Yes, that's shown in Appendix C. 17 represented for the 2000 through 2003 royalty
18 Q Is that list broken down by yeaz2 18 years? A Yes, it is. 19 A Yes.
20 Q And why is that? 20 What information was typically
21 A Again, it's the same — not every 21 included in a certification for a title? 22 show was broadcast and dhstantly retransmitted A The certification consisted of two
Page 111 Page 113
1 every year. So in ozder to be specific about 1 parts. One of tham was a listing of all the
2 which programs we'e. claiming for which years, 2 works for which MPAA was prepared to make 3 I felt it was helpful to state it so. 3 xemunezation. And the second was a sheet on
Q So if you take all of those years 4 the top stating the name cf the claimant, and 5 together, approximately how many programs does 5 they were the authorised claimant for each of
6 MPAA represent in {:his proceeding? 6 the works listed on the printout except for
7 A Roughly llI 600 7 some that they may have crossed out. If the
8 Q How during the years that you 8 claimant crossed out a work that indicated to
9 worked st MPAA, did MPAA .maintain any internal 9 us that they could not accept royalties for 10 standards for determining who could sign up to 10 that and we would delete that from their list be a MPAA-represented claimant2 11 of works to be compensated.
A Yes, we did. We called it the Additionally, in the memo that 13 certificatiop process. 13 would accompany the don't forget to certify — Q And what were those standards? 14 youz works project would be a if we'e 15 A The standards, fizst of all, the 15 missed something, tell us now because this is claimant had to have filed a claim here at the '16 your last opportunity to call our attention to 17 Copyright Office. And evidence of that would 17 anything we may have missed.
18 be the appearance of the claimant on a list 18 Q Would your claimant sign the generated by the Copyright Office along with 19 certification? 20 a claim number that's assigned. 20 A Yes.
21 Secondly, we required that the claimant 21 Q {vere all the titles listed in
22 provide us with a copy of what they had filed 22 Appendix C to your wzitten testimony subject
Meal R. Gross 8 Co., inc. 202-234-4433 Page 114 Page
1 to certification? 1 ' and Form '2 where you don't hays that
2 A Yes, they were. 2 'dentification 'of the retransmitted station? 3 g Now 1st's talk a little about the 'BE'ITNESS! That is correct, 6 Nielsen studies you mentioned previously. Did 6 'ir. I 5 you have a role in the development of MPAA's JUDGE STRICKLER& Thank:you
6 Nielsen studies for 2000 through 2003? 'Y MS. PLOVNICK:
' A Yes, I did. 7 Q Was there ever s time that you I ? stations?'16:- Q What was that role? 8 decided to include a smaller system:in your
A I selected the stations whose 9 analysis or uss that ss the basis for
10 programming would be the basis for the 10 ~ selecting 11 remuneration of royalties to ths claimants. 1'l A I think that I certainly looked at
12 Q How did you select those stations? 12 'h6se data 'and 'again, if I had my sheets in 13 A The first part was to get a 13 'ront 6f me, I 'could answer'more diiectly, but
14 . listing of broadcast stations that were Is ~ certainly .?ooked at~ them. whether they 15 retransmitted as distant signals from Cable 15 actually became the basis, I don't rscsl1.
16 Data Corporation. That list typically 16 ' Q 'id you include:Canadiaso Mexican, 17 included statzons not in the United States. 1? 'r~public tsleuisio'n stations?
18 So I would — and public television stations. 18 A 'o) I did nut.
Q - What sorts of cable systems were . 19 Q Why nob'?
20 covered by that data'? 20 A MPAA has seen our responsibility 21 A Definitely Form 3s. I think for 21 's'remunerating for works only on U.S 22 some years, the Fozms 1/2 data may have bean '2 'tations. 'And 'so for purposes bf royalties, Page 115 Page 117 4 1 included. If I saw my files, I would 1 we excluded those works, those stations. ~
2 remember. I just don't remember off the top 2 Q Is there a list of stations
3 of my head. „ 3 included anywhere in NPAA Exhibit 358? g What systems did you rely on when A Yes, the stations are shown in
5 you were selecting stations for the Nielsen 5 Appendix D. 6 study' |6 Q Is that list specific tc the year? 7 A Typically, the Form 3 stations 7 A Yes, again, it is. And the
8 were certainly the starting point. 8 reason, anticipating your question,'is that
9 Q And why would you rely on Form 3s? ~ 9 there's probably a core group of stktions that 10 A I'm going to digress just a little 10 are distantly zetransmitted from year to year. bit, but the purpose of the royalties here is I 11 But there are always outliers who may be there
12 to remunerate program owners when their works 12 : for'ome years 'and 'not for others.
13 are retransmitted outside the local market to 13 ' ' JUDGE STRICKLER". Counsel, excuse
which the work wss originally licensed. So IS 'eJ ag6in. ' Want 'to mhke sure~we didn't skip 15 when cable operators, Form 3 opezators make 1$ 'ver semething based on hez written statement 16 their payments, they have to specifically 16 that's now in evidence. Exhibit D is a list 17 identify which stations were retransmitted 17 'f 'the 'as+le dtatibns that'ou'slsctWd gut outside the local market of the station. And 18 'f 'the 'univ'erne of 'Form' stations, 'correct? 19 so that clearly provides the basis for TBE WITNESS: Yes, out of the 20 identifying distant rstransmissions. 28 'niverks od distantly r'atransmitted'stations JUDGE STRICKLER: May I interject 21 JUDGE Sh'RICKLERt Based on the I'. 22 with a guestion? Is that in contrast to Form 22 Form 3 dat6?
Meal R. Gross L Co., inc. 202-234-4433 Page 118 Page 120
THE WITNESS: That was t.he 1 which it. was licensed, then multiple columns
2 starting point. and just at this second don' 2 of data. One of the columns is definitely
3 recall whether I incorporated additI.onal 3 Form 3 subscribers. Another form, another
4 stations from 1/2s, but definitely the huge 8 column would be Form 3 fees generated.
5 chunk of the sample came from the Form 3s. What I'm just. not recalling at
JUDGE STRICKLER: My question was 6 this moment, Your Honor, is whether I also
7 addressed to the fact that Exhibit D is 7 worked with Form 1/2s, but if I actually saw
8 entitled "Nielsen Diary Study Sample 8 my file 1 nnould know the answer to that.
9 Stations." What I'm trying to determine, so 9 Q 'f you examined I.he large 10 I understand what you'e testifying to, is 10 electronic file you would be able to determine whether. the sample is a subset of what you got 11 exactly nnhat was included?
from the Form 3 data because I don't know that 12 A Exactly.
13 you'e necessarily said that yet. Maybe it' 13 CHIEF JUDGE BARNETT: Ms. Kessler, ln conning up on your testimony. 14 you'e not saying that Appendix D, let's take
15 THE WITNESS: What I'm saying is 15 the Year 2000, for .instance, includes all of 16 that I don't recall. What I'm saying is that 16 the Form 3 stations that you got information 17 definitely Form 3s are the basis for, if not 17 on fzom CDC?
18 100 percent of the stations, definitely the THE InITInESS: That's correct., Your
19 lion's share of the stations. I think in 19 Honor. 20 years after 2000, 2001, I increased the sample 20 CHIEF JUDGE BARNETT: It' station, the number of stations in the sample ! 21 selected Form 3 stations.
22 and I just need to go back and look at my THE WITNESS: That's correct.
Page 119 Page 121
1 pages to see what my basis was. CHIEF JUDGE BARNETT: Okay. I'm not trying to avoid your THE WITNESS: It was those carried
3 question. I'm comfortable in saying the vast by the highest — those retransmitted to the majority are there due to their retransmission hiqhest number of distant subscribers.
5 by Forin 3 systems. There may be outliezs in JUDGE FEDER: So that was the addition. basis for the selection?
BY MS. PLOVNICK: THE WI Tlnsss: Yes, si r.
Q Ms. Kessler, when you say you JUDGE STRICKLER: And just so
looked at youx pages, are you referring to the I 9 we'e clear, when the Judge asked about t.he
CDC data that you pulled from? 10 selection, on page 11 of your direct
A Yes, exactly. testimony, you said — I:his is about four I'o'rm 12 Q This is a large database file you; 12 lines from the bottom, "Using the CDC 3
received or a large Excel file, rather, that I 13 Statement of Account data, I identified and
I you received from Cable Data Corporation? prepared a list of salnple stations for each
A That's right. 15 year."
Q Listing cable system data? Do you see where I'm reading?
17 Right, 17 THE WITNESS: I certainly do.
Q What all kind of data was included 18 JUDGE STRICKLER: You said sample in that large file? 19 stations. Can you tell the Court how you
20 A It would be the call sign of the 20 selected the sample7
21 station, its affiliation, the channel on which 21 THE WITNESS: Certainly. It was 22 it broadcasts in its local market, the city to 22 based on the number of distant subscribers to
Meal R. Gross 5 Co., inc. 202-234-4433 Page 122 Page 12?!
1 whom thc programming was available. .If you 1 i was formeriiy known es Pax and Univision
2 look at the next page of siy testimony, page So when you are purchasing 3 12, you'l see that the -- I listed the additional data, essentially you'e purchasing
n percentage of distant subscribers, but not the the sat'ile programs, more and more of the same
5 actual numbez. But the table in the middle of 5 prograrts. And in order to purchase enough
6 my t.estimony has four columns. And in the stations to move the number of subscribers
7 third column this shotns the total number of covezed, you have to increase your samplr.
8 distant subscribers covered by the sample.. size, but you cion't get any benefit from it
JEIDGE STRICKLER: But .it wasn't a because you'e already got the programs and 10 random sample, it was a sample that you 10 everything will stay relative. Any):hing 11 started out wi.th those systems that reached additional does not, change the overall
12 most subscribers and «ent down at some point, 12 distribution of programs I think is what I 'm 13 decided to cut, off yovir sample list? 13 trying to describe.
T?IE t)ITNEES: Exactly. JUDGE STRICKLERt Is that the
15 JUDGE STRICKLER: How did you 15 intuition you referred to before is knowing
16 decide when to stop? 16. when to stop'?
17 THE WITNESS: Intuiition. I would 17 THE NITNESS: Yes.
18 do an analysi; siniilar or identical to that in 18 JUDGE STRICKLER: And when you use
19 the third column of this t.able on page 1?. And 19 that intuition as You -lust described it,, you 20 at the sample size of 75 percent, I felt like 20 tveren' thinking one tvnty.or the other as to 21 that was a very good amount of coveracle to 21 how that might affect whether or not. IPG 22 measure distant viewing. In subsequent year 22 prograims that were represented would have
Page 123 Page 125
1 I covered up to 85, 86 percent of distant otherwise showed up in the data had you
2 subscribers. Again, these would be the 2 purchased more data?
3 subscribers whio would have access to the THE HITNESS; IPGI I don 't think
n programming. it ever crossed my mind.
JUIDGE STRICKLER: Did you have any BY MS. PLOVNNICKI.
6 concern with where the place that you cut off 6 Q Ms. Kessler, when did you acqu:ize
7 the size of the cable system operated by way 1 this data? It was well before this
I 8 of subscriber, might impact the ratio of IPG 8 proceeding, correct?
I 9 shows that were distributed versus those that ! 9 Absolutely, years and year: I 10 are represented by -- those claimants that are 10 before.
11 represented by MPAA? I )Q i You retired from MPAA:cn 2010. 12 THE WITNESS: IPG was not part of 12 Correct.
13 my consideration. ttIhat you have to consider 13 JUDGE STRICKLER: And you clid t: he
! In 're two things. Number one, the cost of t ln sampling all on your own. There was nobody i 15 additional data, and number two, any ! 15 else involved in it7 16 additional benefit to the data. In the case 16 THE WITNESS: That's correct.
17 of getting additional data, most stations in JUDGE STRICKLER; Than)& you.
18 the United States during this period and I 1IB I SoIrry, I coun selI. 19 believe now, are affiliated with a non-ABCI 19 MS. PLOVHICK: NoI that's all
?0 CBS, or -NBC network. Foz example, there' 20 right ~
21 some -- during this period I think there was 21 BY MS. PLOVNNICK:
22 UPN and WB Network, the Fox Network, Ion which Q So after. you selected these
Neal R. (3ross 8 Co., tr)c. 20 2-234-4433
Page 126 Page 128
'I 1 stations, what did you do next? .including appendices A through E.
A The Nielsen ratings do not Q Do you have any corrections to
3 differentiate between distant snd local 3 MPAA Exhibit 359?
4 viewing. So I had to perform what is called A I don't know how to respond on
5 a distant county analysis which is a county by 5 page five given the Judge's ruling this
6 county analysis for each sample station, the 6 morning. Initially, .I would have st.ruck Reel
7 end result of which identifies local counties 7 Funds International because we had been
8 for each station. 8 advised that they were withdrawing through
I would then te.ll Nielsen 'these 9 MpAA. I need a more learned'erson than
10 ars the local counties for station whatever 10 myself to help me out. f 11 and Nielsen could exclude cable viewing to Q Subjeot to the Judge's ruling this 12 those stations so that the end result was 12 morning, other than the striking of Reel
13 distant cable vi ewi ng. 13 Funds, do you have any other corrections?
Q Do you explain the process for the No, I don'.
15 county analysis in Appendix F to your Q And with this correction and
16 testimony'? subject to the Judge's ruling this morning, do
17 A F. Yes, I do. 17 you declare that MPAA Exhibit 359 is true and
18 Q Did you have any further correct and of your personal knowledge'
19 involvement with the 2000 through 2003 Nielsen 19 A I do 20 studies after the county analysis' 20 Ms. PLOVNICK: Your Honors, I move '3
21 A No, that was the snd of it.. 21 to admit Exhibit 359.
22 Q Did you send the results to 22 MR. BOYDSTON: Excuse me, no j Page 127 Page 129
Nielsen7 1 objection.
A Oh, yes. They definitely have to CHIEF JUDGE BARNETT: Exhibit 359 go somewhere. I forwarded the data to Nielsen 3 is admitted. so that they could perform their viewing (The document, having been marked studies. previously for identification as
MS. PLOVNICK: Now may I approach MPAA Exhibit 359, was received in the witness? evidence.&
CHIEF JUDGE BARNETT: You may. MS. PLOVNICK: Thank you, Your
BY MS. PLOVNNICK: l 9 Honor. I
1 Q I'm going to give you a copy of ! 10 BY MS. PLOVNNICK:
MPAA Exhibit 359. 359 for the record is the 11 Q ?4s. Kessler, what's the purpose of rebuttal testimony of 14arsha E. Kessler, dated 12 MPAA Exhibit 359?
May 15, 2013. A My testimony has two objectives.
((?hereupon, the above-referred to one is to tall: about some work that I and my
document was marked as MPAA 15 former supervisor did with respect to
Exhibit 359 for identification.) overlapping claims that both MPAA and IPG 17 Yes, I see that. 17 claim to represent. And the other is to do a
18 Have you seen MPAA Exhibit 359 review of the program categories, the Phase 1 19 before? program categories.
20 Yes, I have. 20 Q Let's talk about the program And what is itv 21 categories that you mentioned. Is there a
22 It is my rebuttal testimony, 22 place in MPAA Exhibit 359 where you discuss
Meal R. Gross Bi Co., Inc. 202-234-4433 Page 130 Page 132
1 the Phase 1 categories2 A'Aftez that,imy fozmer supervisor,
2. A Yes, that's on page 2 of my 2 'anh Saunders, and I untlertcok «o contact the testimony. 3 — what we call the overlapping claimants and
{} Do you also discuss them in any . to find out the circomstances, how is i« addendums? 5 possible that there aze zep agreements between
A Ceztainly. On Addendum A whi.ch is 6 'it'h your organisation between NPAA and IPG
an advisory opi.nion regarding program 7 and what's the correct way «o go?
categories, and Addendum 9 which is a Q 'nd: after you contaoted these
descziption of the Phase 1 program categories. 9 claimants what, if anything, did they do in
10 Q Let's look at Addendum B which you 10 'esponme to you'r int}airy?
just mentioned. Hcw many Phase I categories 11 A Virtually, all of them for almost 12 are there? 12 all of the years considered themselves to be A There are eight. 13: MPAA claimants.'ome filed: dot~ate
Q Can a single pZogram fall, in 14 'larifying 'zepr'caen'tatibn with the Judges end
15 multiple Phase 1 categories' 10 others provided evidence showing that they had 16 A No, they are all uniquely- 16 terminated their association with IPG at an 17 you'e in one bucket or the othez. 17 'arlier date.
18 Q Why no«? 18 MPAA, as I understand it, hed not
19 A The Phase 1 — these program 19 'eceived in d5.scovsry some uf those 20 definitions respond to the — sze 20: termination letters. so we asked for copies 21 representative of the eight groups who receive 21 of them.
22 Phase I allocations. So I can't — NPAA 22 : : Q : Let's turn to Addendum D to your
Page 131 Page 133 t 1 cannot represent baseball and sports can' I i testimony. i And what is Addendum D'2
2 represent the Simpsons. They'e mutually 2 i i A i This id a lettek to'SG from the 3 exclusive. 3 U.S. Olympi.c Committee terminating IPG
4 Q Mut:uslly exclusive categories for 8 'ePzesentation.'
5 programs? Q What's the date of that letter? A Correct. 6 ' A 't's dated January 22, 2003.
7 Q All right, now let's go to the Q And who is it addressed to?
8 other portion which I think you had actually 8 ' A 'r.'aul Gslaz.'
9 mentioned first which is the investigation you Q And to your knowledge was M?AA 10 talked about. What was the first step that 10 provided this letter in discovery?
11 you had that investigstion2 A . We .are .not .copied on it and I
12 A I looked at IPG's direct case. I 12 don't personally recall seeing it in sty 13 believe it. was the Bxhibit I and a number of 13 capacity as an employee of NPAIL'. And I
14 claimants, represented claimants listed «here understand that it was not provided to counsel
15 rang bells with me because MPAA had, based on 15 in discovery.
16 my recollection, had representation agzeevsn«s 16 Q In the course of your
17 with those claimants as well. So wanted «c 17 . investigation, .did.any .other claimants who had 18 unmuddy the waters as beat we could. Is this 18 previously notified the Judges that they
19 claimant in the MPAA group or is the claimant terminated their relationship with 1PG come to 20 in the IPG group? 20 'our attention2
21 Q So what did you do next after 21 A Yes. There is a local attorney 22 that? 22 named Ted Haumezman who represents a number of
Neal R. Gross 8 Co., Inc. 202-234-4433 Page 134 Page 136
1 claimants in these proceedings. And he called is correct that you ware responsible for
2 our attention to the document shown in 2 conducting MPAA's claims verification process
3 Appendix — I'm sorry, Addendum E which is s 3 as you described, cozzect?
4 letter from the Farm Journal Media Company A Yes, siz.
5 advising that WSG is not authorised to 5 Q And i.e it accurate that NPAA
6 represent their claims. 6 directly represents appzoximateiy 100
7 Q And that's in Addendum E to NPAA 7 claimants, I think you said, corzect?
8 Exhibit 3598? 8 A That's correct.
9 A That s correct. E as in Edward. 9 Q And aze you familiar with the—
10 Q All right. Thank you, Ns. 10 you'e said that there sre contracts with '11 Kessler. I have no further direct questions. 11 those 100 claimants that the NPAA hss,
CHIEF JUDGE BARRETT: Thank you. 12 correct?
13 We will take our midday break at this time. 13 A Aze you referring to the
14 By my watch, it's 32:10. So we will reconvene 14 representation agreement?
15 at 1:10. Thank you. 15 Q Well, I'l just ask if they are 16 (Whereupon, at 12:10 p.m., the 16 contracts, and then it sounds like you have a 17 hearing wss adjourned, and will reconvene st 17 name for them, so— ! 18 1:16 p.m.) 18 A We call them representation
CHIEF JUDGE BARNETT: Hs ~ 19 agreements.
20 Plovnick, did you complete your direct, then? 20 Q Okay. And I realize "ccntractv NS. PLO?NICK: Yes, Your Honor. I 21 may ba a term of art, so I apologize. To use 22 was done with direct. 22 your term, the NPAA, to your understanding,
Page 135 Page 137 CHIEF JUDGE BARBET?: Okay. 1 hsd an agreement, called a representation
2 Cross-examination, Nr. Boydston? 2 agreement, with those 100 claimants for these
HR. BOYDSTON: Thank you, Your 3 proceedings, correct?
4 Honor. Your Honor, similar to Hs. Plovnick, 4 A Correct.
5 with regard to a housekeeping matter cn 0 Okay.
6 exhibit numbers, IPG would like to begin HR. BOYDSTON: Your Honor, I 'd 7 additional exhibits with the number 500, 7 like to admit what I'd like to have marked—
8 because we didn't get to that in the previous 8 or, excuse me, I would like to present what we
9 one. 9 will mark as IPG 500.
CHIEF JUDGE BARNETT: That will be 10 [Whereupon, the above-referred to 11 just fine. document was marked as IPG Exhibit
12 NR. BOYDSTON: Theze may have been 12 No. 500 for identification.) 1 13 a four hundred or two we didn't use, but I'm 13 And I apologize, it's a little 14 for sure we didn't use 500, so we'l be safe. 14 voluminous. Ii' may approach?
15 CHIEF JUDGE BARNETT: That's fine. 15 CHIEF JUDGE BARRETT: We'e never 'l6 Thank you. 16 had voluminous exhibits in this case before,
HR. BDYDSTOW Thank you, Your 17 Hr. Boydston, so I don't know how wa'll handle 18 Honor. 18 it.
19 CROSS-EXAMINATION 1 9 NR. BOYDSTON: Apologies.
20 BY NR. BOYDSTON: 20 CHIRP JUDGE BARNETT: Thank you.
21 Q Ms. Ressler, I am Brian Boydston. 21 NS. PLOVNICK: Your Honor, may I 22 I represent Independent Producers Group. It 22 call your attention to the fact that these are
Meal R. Gross 8 t o.„ inc. 202-2344433 Page 138 Page 140
1 restricted I Chink ancl subject to protective 1 portions to'black out or redact in these
2 orders or — oh, I'm:ozry. I have to press cloouments7
3 the button here. These are— A They were redacted by counsel, and
CI»IEF JUDGE BARNETT: No, it's on, I 'had no part in that.
MS. P).OVNICIC: He said ours is Q okay. And it's your recollection 6 not, so that this is the way they were produced,
C)51EF JUDGE BS)RHETT: Oh. though, with the redactions, cozrect7
MS. PLOVNICK: — the Court A Correct.
Reporter. I'm sorry. Q And do you know what the purpose
10 So it may — .).f wc. begin to read wa: of the redactions'l
language from these, ).t may be appropriate for A I do not.
12 us to pre-review. But: I would leave it to 12 Q A11 right. Were you aware that
13 your discretion. 1.3 there was a protective order in this case that
cHIEF JUDGE BARNETT: Thank you, wodld )5rotdct 1'hase doouments from third 15 Ms. Plovnick. These exhibits, or thi- partie: seeing them? 16 exhibit, has at least — init).ally rlipping A Yes.
through, I can see that it consist.s of a great 1? Q Do you know why it was that it was many restricted pages and redactecl pacies. determl.ned that: it was necessary to redact 19 Mr. Boydston, if you are cloing to them despite the exi.stance of the protective 20 as): questions about any of the det:ail, then I 20 order?
will depend on Ms. Plovnick 1st me know if'e 21 I clo not. 22 are getting into an area where she feels it is Did anyone ever tell you?
Page 139 Page 141
restricted and we neecl to clear the courtroom. 1 A No.
HR. BOYDSTON: Unclerst.ood, Your HR. BOYDSTON: Your Honor, I'd
Honor. 3 like to move to admit Exhibit 500
CI51EF JUDGE BARNETT: Okay? Ms. pLovNIGK: ouz'only objection
BY HR. BOYDSTON: 5 would be that we would like it to be noted
Q Ms. Rassler, -.'lust take a 1ook at 6 that it; is restricted and subject to the
these briefly. We don't want you to look at '1 protect.ive order in, this case. Other than
every page because we will be here way too 8 that, On the recordI, no object).on. late, but are these the type of agireements CHIEF JUDGE BARRETT: Thank you. 10 that you were referring to? 10 Any objection from sDc?
A Yes, they are. MR. HARRINGTON: No.
12 Q O)cay. They say "Representation 12 i i i i CHI~EF JUDGE BARRETT: Exhib:it 500 13 Agreement" on the top of it, correct? 13 is admi.tted as a restricted exhibit.
A That ':. correct.. (Whereupon, the above-referred I o
Q O)&ay. Ancl dicl you assist in the 15 ~ ~ ~ ~ dooumen~t, previously marked as IPG 16 production of the: e documents in connection 16 Exhibit No. 500 for
1,7 wl,th this litigat)ion? 27 I I I i identification, was admitted into
16 I had retired by that time. I 18 i i i evidence. ) 19 directed the people wtio are still at HPAA MR. BOYDSTON: Thank you, Your 20 where to find them. 20 Honor.
Q O)cay. Dicl you have a hand in 2)I BY HR. BOYDSTON:
22 directing the people at MPAA as to what 22 Q Are you aware whether or not. there I(Q
Neal Ik. Glross 8» Co., [ac. 202-234-4433 Page 142 Page 144
have been any other versions of these 1 in the format you have befoxe me, you would agreecnents that have been submitted in this 2 have to discuss that with counsel. notion? 3 0 okay. Mow, you testified that in
A I a)n not aware. 4 addition to the 100 parties represented by
0 And so the only pzoof of these 5 these contracts that the MPAA independsntly— contracts that is hat'oze the parties and the 6 or, excuse me, indirectly represents a bunch Judges azn these, as far as you know, corzect? 7 of other entities as well, correct? A: As far as 'I know, correct. 8 A That's correct. 0 Okay. Ant me ask you just to look 5 0 And those other entitles are 10 at a page ox two of these. As you oan sea, 10 represented by some of the contracting parties I they axe numbered in the bottom right-hand 11 here, actually have separate contracts with 12 corner, starting with 5218. And 1st me ask 12 other folks, correct?
13 you to page to what is marked as 05444, about That's my understanding, yes in the middle of the stack. And, again, Okay. that's 05444. And it's a page that is just MR. BOYDSTON: Your Honor, I'd 16 all blue'k, correct'? 16 like to present. what will be marked as IPG's
17 A It aura is. 17 Exhibit 501. I'm sorry. It's voluminous as
Q So it's a page that is - has had 18 well. all of the infczxmtion on it zemcved, correct? (Whereupon, the above-referred to 20 A Correct. 20 document was marked as IPG Exhibit
21 0 Do ycu know why it wes necessary 21 Mo. 501 for identification.) 22 to remove every piece of information from some 22 BY MB. BOYDSTOM:
Page 145
1 of these pages? 1 Q And, Ns. Kesslex, like the last
2 A I do not. 2 exhibit, gust take a glance at scene of the 3 0 okay. And let me ask you to look 3 pages here. Tall me if you generally
4 at the last one, at one more that's similar, 4 recognise what these documents are, as a 5 05511. And, again, that is 05511. And that 5 generality first. 6 .is completely blank as well, correct? 6 A I recognize them.
7 A Wait. I have to catch up with 7 Q And what are they? They are
8 you. 8 certifications, it says at the top, correct?
9 0 sure. I apologize. 9 A These are the ceztifications it A 5511 is completely blank. 10 looks for — like definitely calendar year
11 0 Okay. I could go through soma 11 2000 through 2003.
12 othexs, but I think the point is made. Some 12 Q Okay. And it looks like, looking 13 of those pages were just completely wiped out, 13 at the second page, there are some reductions
14 correct? 14 there as well, correct?
15 A The two that you pointed out are 15 Yes.
16 completely blanked out. 16 Q And if I look at the fourth page,
17 D And I think that each. of these has 17 there are some redsctions there as well, 18 some redaction, correct? I don't think any 18 coxzect?
19 were produced with no redactions. Is that 19 A Is that 1710?
20 your recollection? 20 Q Yes.
21 A I did not participate in the 21 A Yes, there are.
22 redacticms. So to the extent that they appear 22 Q And if you flip through this,
Meal R. Gross 8 Co., inc. 202-234-4433 Page 1?j6 Page 148 there are similar. redactions throughout these 1' ''Thanik you. Now, with regard to documents, correct? 2 these first two pages that we have been
Yes. 3 looking at on Exhibit 501, AFMA Collections
Q Now, back to the first;oage of e does not or?n the programming rontent of
Exhibit 501, looking down here where the 51 lBenrlrettlProducti'ons,'or'rect'?
signatures come in, I see it says tinat one of 6 A I have no information. with respect the signatories is Reny Montesinos, Manager, 7 to that question,
APE?A Collectionsr correct? 8. . . Q, ,Okay. But your understanding is
A Correct. 9 that. MPAA's rights to make a collection for
10 Q And AIMS Collections, was that one 10 Benyrett'derive throu'gh i'ts contractual
of the hundred entities that the MPinA had a Ill iagreement with AFHAn
12 contract with, I believe? 12 That's correct.
A Yes,. it is. 13 Q Not with Bennett. Q And so no question that MPAP. had a 15''orrect. 15 contract with AFHA. Now, this docurment refers O'Okay.'ow, aze you familiar with
16 to AFMA, and then on the —. — well, on the 16' IPGI and iits iclasmants, io some degree?
17 second page, right underneath the heading it 171 I I Al iTo acme 'degree.
18 says, "Claimant Bennett Productions, Inc.," 18» 1 Ql And is it your understanding that,
19 correct'? '19 somewhat like AEMA and Bennette IPG has a
20 A Correct. 20» contract vrith its cl'aims'nts similar to the
21 Q so Bennett Productions, Inc., was 21'contract that AFMA has with Bennett?
22 that. an entity that the MPAA contends it has 221 1 1 Al iI have no knowledge of the
Page 1?t7 Page 149
1 the right to collect royalties for? agreement between Bsnnett and AEMA -- I'm
A Yes, that's correct. sorry, IFTA. IFTA became -- AFHA became IFTA.
Q And at the same time, tine MpAA 0 okay.
n doesn't have a contract with Bernnetit And I have only seen redacted 5 Productions. It has a contract with AFHA 56'gzeements between IPG clainants, so I don' 6 Col'lections, correct? shave a basis to 'resPond to your question.
A Yes. If yoo'll refer to any of 0 okay. when you put together the
8 the representation agreements that You want to infcrmation to 1ist all of the programs that
9 pick, if you'l look at paragraphs 16 and 17, 9 the MPAA was making claim for — I think it 10 paragraph 16 says that "If a claimant has 10 was the 11, 600, rorrect'?
11 submitted a joint claim for royalties, this A Correct.
12 agreement ..hall authorize MIPAA to represent 12 Q Old you have any basis, then, to
13 all joint claimants that are parties to the 13 know that in fact, since you didn't 'know what In joint claim submitted by thn claimant." ithe iagreemsnt was between AF?nA and Bennett, 15 And then, 1'7, that "The claimant 15 how did you know that the HPAA should harre the'ight
16 is the dual.ly authorized representative of all to make a claim for Bennett, if you
17 joiBt clailnants that are parties to the joint 17 didn'k kaOw What tha COntraCtual relatiOnahip 18 claim submitted by claimant.„and is authori: ed 18 was between AFiiA and Bennett?
19 by all such joint claimants to execute l.his We have asked them to att.est on on behallf, and to bind them to itheiir representaition agreement t'nat they have 20 agreement their 20'1 21 the provisions, terms, and condi.tions of this such authozity.
22 agreement." 22 Q ?vow, when you say you aslred I:hem
Meal R. Gross 8 Co., fnc. 202-234-4433 Page 150 Page 152 to atL'est, let's -- if we may be specific, you actually the case?
asked who to aLtest to what? A We did not.
A By virtue of signing the Q And with regard to other entities
representat.ion agreement, AFMA has affirmed or represented by AFMA, did you, on a systematic confirmed -- I'rn nat sure if I'm using the basis, go through and confirm that all of correct word -- that they have the proper these entities that AFMA claimed to represent authority i.o assert the claim, and that they in fact were represented by AFMA?
have the authority to bind their represented We did not.
claimant to MPAA representation. Q And is that the same for AO:ICOA, — 10 Q Okay. But you don't have — you 10 which is another contract company with a didn't gat any information from Bennett to contract with the MPAA, correct?
12 confirm from Bennett's standpoint that AFMA 12 A In no case did we contaci the 13 had the rights to mai;e this claim, correct'? 13 underlying claimants.
A Actually, in the case of Bennett, Q And I believe it is your testimony — 15 I don't have documents but a telephone 1 hat the number of again, the number of conversation, because in one of the years '16 claimants — you have a direct contract where Benneti filed an independent claim. And so I there is 100, but the indirect grows up to
16 said, "You filed, and AFMA filed on your 16 I,n00r right?
19 behalf," and my recollection is thai; he said, 19 A Was it. that many'? I thought it 20 "Oh, if they file, that's fine. Oo with 20 was like 11 — l,n00, was that the number?
AFMA. " Q That's what I said, yes.
Q Oi:ay. Thank you. 22 A Oh, okay. I'm sorry. Yes.
1 A So in that particular case, I do Q Is that carr'ect'?
2 know something. A That's correct.
3 Q You da have something. 3 Q And so a lot of these claims of
n Understood. If we look at the third and the l,n00 are situations where you don't have 5 fourth page of Exhibit 501, it looks like, 5 a direct contract like you do with the f again, it's an AFMA certification. And on the 6 hundred. Instead, you are relying on the fact second page at the top it says "Claimant that the hundred say that they represent. the Caralco Pictures," l,n00, correct?
A Correct. A That's correct.,
10 Q Do you know whether or not Carolco 10 Q But there is no -- the MPAA Pictures had in fact given its permission to doesn't go through any process to verify that 12 AIInA to make claims on its behalf? on a case-by-case basis.
13 A I have no information. 13 A That's correct.
in Q And so there you are relying on Q Have you had circumstances in
15 the -- or, escuse me, on the representation which it has rurned out that one of. the 1DD
16 agreement by AFMA saying, "We promise that we 16 has claimed somebody and certified that they
17 can represent everybody we are going to indeed, you know, have the right to represent present to you," essentially, right7 another party, and then it turned out that was
A That's correct. not the case?
20 0 At any point in the process of 20 A Not to my recollection, no, not
verifying MPAA's claims, did you contact 21 during my time at MPAA. (iaaf!:lj) 22 Carolco Pictures to make sure that was 22 g Da you recall the enti.ty that had
Meal R. Gross 8 Co., fnc. 202-234-4433 Page 154 Page 156
a contract with the MPAA called Fi:ntage2 Ai I see that now, yes. A Yes. Q» Nowi looking back at. the
Q And do you recall, as you may have I Exh)ibi t I 500 i— heard — or, actually, strike that. Are you A That's the rep agreements?
aware that Fintage claimed to have an Q Yes, Thank you. My question
agreement to pursue the rights on .'behalf of 6 i andi youi can'just look at the first one or the
the BBC'? 7 second one, because it applies t:o all oi them,
A It has only been brought to my 8 is whether or not these, in this form, state
attention during the course of these 9 i whait year they apply to
10 proceedings. 10 A They do not.
Q Ol&ay. Andi are you aware that the Q Do you know why that is'?
12 BBC has disavowed Fintage's right in that 12 i There would have been a memorandum xegard? 13 that I mailed in canjuniction with this. And
A I think I heard you say that this my recollection is 'the memorandum would state
15 morning. 15 the beginning year. The reason was, up unt)il
Q Aze you avare of any other MPAA. 16 ' certain point'- snd to tell you the txuth,
parties «ith whom the MPAA has a direct i I don') recall which royalty year we changed 18 contract, i.e., the 100, where a similar tining it — Lut we executed a representation has come out, that, somebocily had claimed to agxeement. for every royalty year. so it was
20 have rights to never produce a contract to 2)) — it became — 1 hate to use the word
you, and then had to say, "Oh, you know, 21 i "burdensome," bui: .it, was burdensome to do that
actually, we don't have i:hose xights"2 22 i precese eve'ry yeax'. Page 157
A I don'4 recall. By say).ng I don' 'o 'at, some point, and carta.inly recall, I don't recall that that circumstance that was I think the case starting in 2000, if ever happened, not, bei'ore, we became a — we made it a
Q Okay. Do you know whether ox not perpetual representation agreement "- this may
the MPAA ever asked parties like AFMA to be the very first royalty yeax that was produce its contract with its underlying covered by that. I'm not, going to test:ify parties, such as Carolco, et cetera? that I know that for sure, but the memorandum A No, ws never did. thait accompanied it would have said we are
Q Okay. So you never asked tham to I) doing something new, it is going to be 10 produce them, and you never contacted the 10 perpetual, it starts with royalty year represented pcirties, like Carolco, whatever.
independently, correct? Q Okay. But in terms of trying to
13 A That's correct. ficiure out what years these apply tc, is it
Q Are you aware of whether o.z noii: specified in these documents that it is 15 IPG requested to see the agreements bei:iveen 1'5 perpetual?
the MFAA and these 100 parties in this action? Yes, it is.
- 17 A Am I aware that you asked to see Ci Okay.
18 the agreement ? P. Paragraph 18, "This agreement
Q Yes. 19 exists in perpetuity."
20 A Yes, I am. 20 Q Thank you. I appxeciai:e that.
21 Q And you'e aware that Lhey were 21 Novi, in the representation agreements, does it 22 produced in this fashion, correct? 22 warranty in these representation agzeemen).s
Neal R. Gro&.s 8c Co., Inc. 202-234-4433 Page 158 Page 160
1 that the individual party at issue has not you know?
2 already granted these xights to same other 2 A I believe I.t changed. I don'
3 entity, like even IPG ox'he man on the 3 recall what royalty year.
4 street? Q Fair enough.
A I don't know Ghat a warranty is. 5 It was close to my retirement.
6 Q Certainly. Is there anything in 6 Let's pvt it that way.
7 here that says, "I" — in this case let's call 7 {} Okay. So sounds like it want on 8 it AFNA — "I, AFHA, state that I have not 8 at least for a few yeaxs after this paxticular
9 given these rights that I am asking the NPAA 9 time period. 10 to pursue to some other guy to pursue'? 10 A That's correct.
A No. The representation agreement 11 Q Okay. Now, with regard to your
12 does not address that question. 12 testimony about the 11,600 titles, do you
13 Q okay. And so if, in fact, that 13 recall that?
14 hsd happened, this agreement doesn't provide 14
15 the MPAA with any ability to get recompense? 15 Q And that is the number of titles
16 MS. PLOVNICK: Objection. Your — it's an approximation, I presume, but
17 Honor, Ms. Kessler is not an attorney, and she that's the number of program titles the NPAA 18 really shovldn't be asked to interpret the says it has a claim fox in these proceedings, 19 legal points of the contracts. right?
20 CHIEF JUDGE BARNETT: Sustained. 20 A Listed by year, So that — I
21 But I think she already answered that she was don't want to tzy to — I don't want to appear 22 not aware oi'ny such provision in the 22 to be disingenuous about tha number of woxks. Page 159 Page 161
1 contracts. 1 It depends on how you count. If you put all
2 " MS. PLOVNICK: Thank you. 2 of them together, thexa axe 11,000 works.
3 BY MR, BOYDSTON: 3 Howsvex, tha same work — let's just pretend — 4 Q And when approximately did you 4 it's NASH might have been retransmitted
5 retixe? I only ask because I don't want to 5 every yeax.
6 ask abovt questions that yov weren't there So if you add sll of the lists up
7 for. 7 togethex, you get MASH fouz times. But if you
8 A I know exactly when I retired. It 8 don', you get it once per year. Just so you
9 was on my 60th birthday, August 20, 2010. understand.
10 Q Great. Do you recall, were these 10 Q So if we only counted NASH once,
11 representation agreements used up until the 11 and other programs like it — in other words, 12 time that you retired? 12 not once for 2000, 2001, 2003, et cetera, but
13 A I think they were not. 13 just once, period, the 11,600 figure would be
Q Do you know when they stopped 14 much lower, correct?
15 being used? 15 A I don't know that it would be much
16 A l4o, I do not. 16 lower, but it would be lower.
Q .Okay. Do you have an estimate? 17 Q Because there ara a number of
18 Were they only used during these years in 18 programs where there was a claim each year,
19 question, or were they -- actvally, strike 19 correct? 20 that. Let me ask a good question. That's a 20 A Correct.
21 bad one. We know they were used during these 21 Q Okay. When you put this list of
22 yeaxs. Were they used after these years, if 22 11,600 together, that is obviously a big list,
Meal R. Gross 8 Co., Inc. 202-234-4433 Page 162 Page 16?I
correct? 1 the prograIa titles list, correcI ? No?
A Yah. A For what purpose?
Q Okay. And was it reduced to an 3 Q The purpose of assisting the MPFIA electronic format for ease of use? in~ putting together its study for this nattez.
A Yes. 5 I apologize, it'
Q Do you kno?I why that electronic 6 A Ask me again, I'm sorry. I:'m--
format was never produced to IPG in discovery? 7 Q That's quite a11 right. That'
MS. P:I OVNICK: Obj acti on. The B qu:ite sll right. As you know, the MPAA is
Judge has already ruled that MPAA was only 9 offering a certain methodology ln these 10 required to produce a paper copy of .I.ts 10 proceeziings, correct?
exhibits in discovezy if the -- the order I A I believe so.
12 believe nentioned it, in fact, and this seems Q And as I understand it, sort of
13 to be an attack on that order. 13 Step 1 in that process was the MPAA had to
CHIEF JUDGE BARNETT: The 10 ~ fii?uze'out'a cdmpxdhendive list of hll o the 15 objection is .sustained. Ms. Kessl.er was niot 15 programs for which it would seek royalties in 16 — is not counsel and was not privy to the 16 this 'proceeding. And somebody had to figure 17 decisions made by counsel, Mr, Boydston, se 17 out
1B that was not an appropriate question. 1B Oh,, okay.
19 -MIB. BOYDSTON: Okay. 19 -- how do we know—
20 BY MR. BOYDSTON: 20 So you are talking about the
21 Q Now, .in terms of compilingI the 21 appendix in my direct testimony of the works 22 list, which tlnat you do have, that, was your 22 that we—
Page 163 Page 165
job, you did do that of course, right. Q Yes.
A Yes. I A — are claiming. Okay I
I Q I understand the first. step was to Q Right. That list of I 1,600 I analyze the program title information, is that 4 ti ties.
right'? 5 A Okay.
A What process are we — are we And you put that together, still talking about the production of the correct? appendix? Yes.
Q No. I apologize. What I'm 9 Q
10 talking about is your process of coming up 10 Let me take that back. I di.d not with the 11, 600 title do that. I did not do that.
12 A For the exhibit' 12 Do you know who did?
13 Q No. I et me back up. I 'll start 13 I believe counsel put it together.
all over, start from scratch. 14 okay. Did you provide .infornat:ion
A Okay. 15 to counsel so they could do it?
Q My unclerstanding is you used MPAA 16 Yes.
17 you .used data to come up with the list of 17 Okay. And Iwhat information—
18 11, 600 progxam titles, cozrect, to use 1B You knn», I 'm blanking on who d:id
19 A I did that only for the purpose of 19
20 this hearing. 2I3 Q That's quite all right
21 Q Oh, okay. I thought that in 2.1 Ju: t gi.ve me—
22 helping with the MPAA study you came up with 22 Q Take a minute.
Meal IR. Gross fk Co., tnc. 202-234-?I433 Page 166 Page 168
A — a minute. 1 anyone else doing that?
Q Sure. A I'e done some of that actually,
A Just give me a minut.e and 1st. me 3 yes,
figure out who did it, because it was I think Q Okay. And what was that roughly a year ago. I honestly don't recall 5 .independent research? whether it was counsel or I who did it. A Sometimes we would have works that 0 Okay. Do you remember, at some 7 we fel't like there should be a clainnant for, point trying to cobble together information to 8 but we were not aware that our client had get that list together or to assist.'7 asserted a'laim for it. And, unfortunately,
10 A Assist. 10 I don't remember the name of the company, but
Q Okay. And how did— .it used to be called BIB, and MPAA had a
12 A Can I confer with counsel? subscription to whatever the new company's '3 Because I can get the answer quickly. I just name is to see the producer and syndicator of don't remember. a work. And we would often go to that source
Q Nell, 1st me withdraw that and see if the syndicator or the producer was question just for a minute, and let me ask you 16 one of our claimants.
this. Do you recall whether or not you looked Also, and this was just -- I don' 18 at certain information to either put the list know if it's fortuitous, but whatever — I 19 i:ogether or just assist? I'm really not so speak Spanish, and there are a lot of English 20 concerned with whether you did it or yor. 20 language movies that are broadcast in Spanish, 21 assisted. either dubbed or subtitled. And so there was 22 I'm just wondering, where did the a — and, unfortunately, the foreign language Page 167 Page 169 information come from to begin with7 What was title may frequently have nothing to do with the fount of knowledge, if you will? Is the American lanquage title. there, you know — was there a big stack of So it's not a matter of papers you looked through or files or translation. It would be a matter of looking something like that? Maybe the contracts at who the actors were, the production year, themselves? et cetera. And so if I saw something that had
A Nouldn't have been the Paul Newman and whoever, and 1 knew the
representation agreements. It nnay have been American language, and I could sort of figure the certifications of entitlement out, I would match those together, see if
10 Q Okay. 10 there was an MPAA claimant, and assign it to
A — because those would list, with 11 that compary to see if they could tal'.e credit the exception of any):hing lined out, those 12 for it.
13 would provide the works for which MPAA is 13 Q And what materials did you get claiming remuneration. such information from? Like, for instance, in
13 Q Okay. There was a statement in 15 your example, where would you see a Spanish
16 some of ihe MPAA papers that. talked about 16 title snd information about the actors that 17 someone doing independent research on this 17 you would then use to try nnd do the inquiry
18 question to try and figure out if there were 18 you just described?
19 additional titles that should be included in A Those would be works on the
20 the MPAA'ist. 20 retransmitted stations, from their program
21 A Correct. 21 logs.
22 Q Do you recall doing that, or 22 Q So you'd get that information from
Meal R. Gross 8 Co., Inc. 202-234-4433 Page 170 Page 172
retransmitted stations pzogzant-wise. 'I 'xhibit thi's was, but 9
A Correct. Q '01.
Q And where does one get a A 501 is the certification. so we retransmitted — I know the answer, but where sent them a document that consisted of two does— parts, the certification page and a page
A You want to see if I know the listing the works that ws believed wexe answer. attributable to their company. We told them
Q Well, I know you do, too, but I 8 . to.cross out anything that didn't belong to
want to sure everybody else does. Where doss 9 them, and also to bring our attention — my one get a retzansmission log on — that you 10 'ttention '- to anything they thought we had just described? 'll missed.
A A television station log? 12 Q Okay. 13 A So that we could doublecheck, see A I don't know how many sources 14 if we had missed something, snd make sure that
there are for that information. We purchased . 15 it was included.
16 ours from Tribune Media, which was pzeviously 16 Q . And tha first — let's take the
17 known as TV Data. I'm not sure which company 17 first certification on 501, because it's easy 18 name was appropriate or— 18 and at the top. The second page, that is the
19 Q Okay. So those- 19 program list that you referred to. This one 20 — at that titna. 20 only has two, I.believe, but I believe the
21 {} It was materials like that that 21 'rOgram list is Miss Mawaiian Tropic 22 you used to do this independent research 22 International Pageant, and Mi.ss Hawaiian
Page 171
A correct. 1 ~ Tropic~ United states Pageant. 's that the
Q okay. Do you know whether or not I . "pxogzam 15.st", you, refez to? those documents were ever produced in A Yes, it is.
discovery in this matter to I PG? Q 'o'he'dea is'you send this to
A I do not know. 5 : these folka, ahd they aee that:and they say,
Q Okay. Now, once you did these 6 , "Okay., I'il cross, it off if it's not mine. various things, the independent research, 7 If it's not mine, I'l keep it the way it is
et cetera, and you decided, gee, I think these 8 i and send it back."
make the list of l1,600, I believe the next 9 I I A I Thttt'el the~ understandxng, yes.
i ' 10 thing was to send out the certification i 10 Q 'kay. notices, correct? A:'ight.'3 And sign t.he piece'of paper— A Correct. But we didn't do it all '2:: Q four years at one time. So to say I did it 13 A ' 'ttesting tc the bona fides to four years in a row with that many titles 14 claim the works.
overstates what we did. 15 Q Okay. Was there any concern that
16 {} Okay. Why don't you just tell us 16 by sort of suggesting to these people that
. 17 what you did. 17 these were their programs you might just get
18 A We compiled the list of works that 18 'omeone whc doesn't cross thea out, because 19 we believe were attzibutabls to our claimants, 19 they just think "Bey, it's free money, it's a 20 and we sent them the certification documents 20 'ree claimj I'l take it" ? 21 as I have described before, the first one on 21 A There is always a concern about 22 top of — I'm sorry, I don't remember what 22 'omething like:that. But ae trust that there I,
Meal R. Gross 5 Co., Inc. 202-234-4433 Page 174 Page 176
are more honorable people and corporations 1 would be the casa, but it's unlikely, correct? than not.. MS. PIOVNICKc Objection. This
Q Okay. Do you ever have situations 3 cal.ls for speculation. or — strike that. Still looking back at the CHIEF JUDGE BARNETT: Sustained. same document, in the sams two pages, it 5 BY MR. BOYDSTON:
doesn't loot: -- what if they only owned it for Q Now, as I understand it, the part of the year? Does this take account for 7 certification report is only asking about
that or-- 8 claims broadcast on U.S. stations, correct?
A It doesn'. But we did have a way 9 A Correct.
10 of -- let me think. 'I know we had 10 Q And is this one of the reasons why circumstances where one claimant might own a 11 .in your testimony you said you excluded
12 work for a portion of the time, and a second 12 Canadian and Mexican station broadcasts'? claimant would pick it up for the remainder of 13 A And public television, yes.
the year, something like that. And if they Q Okay. And why did you think it told us about that, we were able to allocate 15 was appropriate to exclude Mexican and the royalties according to what information 16 Canadian broadcasts?
17 they called our attention to. 17 A I hate to say it's the way it has
Q Okay. And what about a situation 18 always been done. Essentially, that's it, Ne
where maybe like the Hiss Hawaiian Tropic 19 have — MPAA has, throughout the years, 20 owner only owned the rights in a certain 20 asserted for — we get a tiny bit of indirect 21 region. Did you have a way of dealing with 21 allocation from Canadian stations, but it. is 22 that?
Page 175 Page 177
A When I think of region, I think of 1 to specific works or even specific stations
worldwide royalties, but that's a term of art. Q Okay.
I am not aware, in my experience, that more 3 But we don't get an allocation for
than one syndicatoz. would have different— e anything on Mexican stations and not for
would be authorized to distribute in different 5 public television stations.
markets. I'm not saying it's not so; it' 6 Q Do you understand that Canadian
just not in my experience. 7 broadcasts of U.S.-owned material is
Q And this document doesn't really 8 compensable in this proceeding?
i do anything to make that determination as far I 9 A I understand that there is a i
10 as we c:an see. 10 minute amount of programming that is I A No, it doesn'. I 11 compensable, yes.
I 12 Q Okay. So like here, it happens to 12 Q And that minute amount is where it 13 be Hawaii. Let's say this person only owned 13 was bz'oadcast by a Canadian station, picked up the rights in Hawaii. You would go ahead and by a U.S. cable system operator, and the make the claim for rights across thc: United material itself was owned by an American, is States. 16 that correct? 17 I don't think that 17 A I don't have that much
18 Q I realize that is hypothetical, 18 information. ! 19 but 19 Q Ol.ay. Is it fair to say you don'
20 A — circumstance is not — not 20 have enough information to say yes or no to 21 likely to transpire. that question?
22 Q I understand. If it were, that 22 A That's correct.
Meal R. Gross 8 Co., Inc. 202-234-4433 I I
Page 178 Page 180 — 1 Q okay. Mow, the certifications are g 'okay. Do ycu 'ell, strike
2 — once again, these. certificaticns, you only 2';that. Now, 'you:don't have a background in receive the ceztifications from agents like 3: :statistics,:I undezstand.
4 AFHAc not the parties they contract with, 4i i i Ai il have coursework in stakistics
5 correct? 5 Q Okay. And how much coursework in 6 That's correct. 6i..'statistics'l '. 7 0 Okay. And so you have AFHA 7' ''Two 'courses J 8 saying, "Yes, we know that Bennett has these 8: Q: :And:hens:long ago was thak?
9 rights," but noticing from Bennett, although 9 A A thousand yeazs. Let me think. 10 you said Bennett — you actually had a phone 10' I'm'going tO guess the early '90s 11 call with them, so Carolco, I'l say. A?HA is 0 okay. Do you consider yourself to .12 saying, "We, AFHl4 have a right for the 12''.be v- to have au ability to'handle statistics?
13 programming of Sennett." Sut you have no 13' In other woida, 'let.me. ssk, I don':,believe certification with Bennett — with carolco 14i iyouihold yogrself out as an expert iin 15 saying, "We have the zight," cozzect? 15'stati.sties,lcozzect? 16 Ms. pLDUNIcKc objection. This A Definitely not.
17 calls for speculation. Ms. Kessler testified 17' I gl tokay. Do you feel like ~you have 18 about one claimant. He is asking for a 18: :an ability to use statistics and handle
generalization as to the,whole group. She has 19 :statistics?:.
20 already testified as to Bennett having a 20 : Not'omfortably. 21 specific telephone conversation. I don't know 21: 0: :okay. He neither. :That's why I'm 22 that it ie a generalized statement that can be 22' a lawyet Page 179 Page 181
1 made to the whole group. A. I was just going to'say 'also, in
CHIEF JUDGE BARNRTTc Overruled. 2: 'he'ouise Sf my RSL training, I had to take
HR. BOYDSTONc And I think I asked a testing course. So I have actually had
4 the question twice, so I apologize to 4i i three cburses in stetisticsj and I didn't like
5 everybody. any of them.
BY HR. BOYDSTolilc 0' .Okay.
7 Q I think in the csee og Carolco A: :They were wretched 6'''0 8 there is no agreement with — there is no Q: Fair enough.:
9 certification fzom Carolco. The certification Ai: With all due respect to:the bench 10 comes from AFHA, corract2 g Now, you have been part 'of these
A That is cor Zec't ~ :proceedings'for:a long time,'orrect?
Q And your understanding is that is Yes, I have been. 13 the way it is dona for all of the parties that Q: :And: I'm.not.going to ask your
HPAA with plagal opinion, Scout's honor, bat after they 14 the has contracts where they 14'5 15 represent othez parties, too. conclude they usually publish some kind of a
16 A Mot just my understanding; it's a 16 ruling ox a decision, right'!
17 fact. 17 That's correct.
18 Q Yes. Okay. Thanks. Now, are you 18 And do you tend to ised those 19 aware that there are programs within these 19'after they come out? 20 ceztifications that are not being claiczed by :I think I'e read most of them, 20''1'yesi 21 the HPAA in this proceeding2 22 Okay. Based on and not on a I. 22 A No, I'm not. that,
'V Meal R. Gross 8 Co., Inc. 202-234-4433 Page 182 Page 18?j
1 legal conclusion, but, just based on the fact Q Okay. Is it your feeling that--
2 that -- having read these, have you noted I think the highest number of these four years
3 before that there have been times when the waa 2003 when you used a list of 125 stations,
4 decisions have suggested that the NPAA maybe correct? should have more stations in i,ts surveys' A Bear with me here.
A I believe the '97 proceeding said Q . Sure. Okay. that — I'm just trying to remember .if any A yes., It went from 81 stations in after that stated that, 2000 to 125 in 2003.
Q Okay. Q And is it accurate that 125 in — 10 A I know the '97 prnceeding did. :10 ?003 started out as 128, but you had to you
Q Were yau working at the )4PAA when took off three stations because they had 100
12 the 1983 proceedings went on? That's— 12 percent zero viewing, does that ring a bell?
A That does ring a bell.
—- Q Okay. I didn't know if that Q Okay. And so what happened was was a ways back. Do you reca11 that in the 15 you had 128, but when you looked at them there
l983 proceedings the MPAA used 117 stations in were three stations that just had a complete I'ts survey? 17 bien)) line, right? I don't recall. 18 A I didn't see the data myself. I Okay. Does that, number sound 19 believe that Nielsen advised me that there was abaut right ar-- no viewing — distant cable viewing for those Don't recall. stations.
22 Okay. Fair enough. Do you recall Q Okay. Based an having done this
?I 6?I)'?pr&() :,!i)i',4 ella) that back in '83 there were about 622 1 for these different years, have you observed
ret.ransmitted stations carrying )4PAA material 2 that if yau have fewer stat)ans you pick up at the time' 3 fewer programs?
A I have no recollection of that. 4 A No.
Q Okay. Now, during this t.ime Q Are there some times when you have period, 2000 to 2003, do you have a general 6 fewer stations but you pick up more programs? nation as to how many retransmitted stations A I dan't. know.
carried MPAA material? Q Okay. when you got together the
A I would think all of them did. Nielsen data in this proceeding, do you recall
10 Q Okay. So probably something on 10 when approximately it was that you ordered the order of 900. Does that sound correct? this data for 2000 to 2003 from Nielsen?
12 I have no idea. A I can recall, I think, that it was
Q Okay. Now, I thin): for the first 13 certainly after the fact, meaning after the
14 year here, 2000, you end up picking or coming royalty years, by several years ior each 15 up with a list of 81 stations, correct' 15 sample, for each study. But I don't recall 16 specifically.
17 Q . Okay And how did you decide what 17 Q Okay. I seem to.recall that you.
18 a minimum amount of stations should be? Nell, 18 also told Nielsen you wanted them to segregate 19 I think I -- it was asked in your direct, and certain things, because you wanted certain 20 yau said you used your intuition. Is that 20 counties only and not other counties. Nhy was
21 correct? 21 that again?
22 A That's correct. 2? A The Nielsen data — Nielsen takes
Meal R, Gross 8 Co., Inc. 202-234-4433 Page 186 Page 188
1 measurements to TV stations on a count'y-by- Q j Whoj directed you to order the
2 county basis. But. the distinction between Nielsen data?
3 distant and local is appropriate only for jkhe A It Was iay job to do that.
V people in this room and the claimants we Q Okay. And you just kneij that you 5 represent. So there hjas to be a mechanism by had to do that, no jone had to say, "Ms.
6 which Nielsen knows where not to measure Kessler, order that Nielsen data"'?
7 because it. would be local viewing. A No. It was part: of my So the county analysis that I res ponsibility.
9 referred to .identifies for each station the Q Okay. Are you able to explain t: he
10 local countiej, so that when Nielsen does its 1 l3 MPAA viewer study to the Judges?
11 measurements the measuremcnts that it gets A I don't kno'.V. 12 filter out local viewing, so that only distant Q, Well, do you want to give .it, a 13 cable viewing is captured. try?
Q And I think tl'jat local viewing is Yes. Let's see. Okay. I send 15 -- there is a ter?i of art, I believe. 1Vielsen a 3ist of the stations, and I tell
16 Sometimes people refer to the FCC footprint. 16 them, "Don't measure vieiving — for Station 1,
17 Are you famil:Ear with that' I l? donjt measure viewing in these counties
18 A I am not because it is local. Only measure viewing
19 Q Oh, okay. Is it faiz to say that outside 'these counties." So that's one 20 you don't knojv what the FCC footprint is'? 2O instruction. j Njvt a clue. 21 A second instruction is, "Put the
22 Q 0:cay. Then I won't aak you about programming in — put each program in one o:f
Page 187 Page 189 eight cateciories representing t'e e:Eght
1
Who jvould you desoribe, if you j categotiesjhere before the Judges. Give us
could, as the architect of the MPAA viewer the answers." I think that's it.
study? Who is the person most in charge of it 12 Thank you. I believe that you as far as you wou?d say? asaerted in your —'t may 'have been in you:c isell, you have asked tivO different I written testimony that viewing, as jeeasured by I questions. 1 lvielsen, i: the predominant standard by which
Q Sorry. alE televil ion procdramming is cormneccially
A You didn't realize it. The evaluai ed.
10 architect is t.he late Alan, Cooper. He was my IO A That's correct.
supervisor when I came to MPAA in the 'Sos, Ancl «hat is the basis — - or,,
12 and it was he who — hje certainly didn' do 12 excuse'me, strike that. Have you ever been 13 the programming, but hje had the concept of involved with t.he U.S. — excuse me. Have you I doing it. Ancl than the person who perpetuated 1V ever been involved with U.S. television 15 it, meaning select.ing the sample stations and 15 syndication of a program' 16 commissioning the stucjies, was I, 16
.. 17 Q That ijias who? Q Okay. Then, is your statement
18 A Me. 18 that v:iewership is the basis for commercial
19 Q Oh. It was you. Okay. Do you 19 evnluation of t.elevision programming based on 20 know ivhen Mr. Gray was engaged for this 20 conlectivre?
21 proceeding? 21 A Ba;ed on just experience and
22 A I do not. 22 not dizect experience but knowledge of the
Meal IR, Gross 8 Co,, irjc. 202-234-4433 Page 190 Page 192
1 syndication industry. BY MR. BOYDSTON:
2 Q 'kay. Once again, going back to 2 0 In this proceeding, and in putting 3 some of the rulings that have been set down 3 together the MEAA study for this proceeding,
4 over the years by the different panels that 4 do you know whether or not the MPAA discussed
5 have come and gone — and, again, not asking 5 ways to reduce the incidence of aero viewing
6 foz a legal conclusion — but do you just 6 in the study'?
7 remember from reading those that at times 7 A We did not discuss it, snd we did
8 there has been criticism of viewership-based 8 not consider that it was a problem.
9 studies'? 9 Q Okay. Now, you explained that one
10 A I am aware of that. 10 of the things you worked on was what you
Q Okay. Has there ever been any 11 called an overlap between MPAA claimed
12 discussion et the MPAA of looking for a 12 programs snd IPG claimed programs— 13 different approach, other than viswership- A Correct.
14 based studies? Q — correct? With regard to the
15 A For purposes of royalty 15 BBC, which we have discussed previously, they 16 distribution, no. 16 were claimed as a pxogram — their programs 17 O'kay. Obviously, it has never 17 were claimed by Eintage, correct? 18 been done, but in addition to that, it has 18 A I believe, yes.
19 . never even been considered? 19 Q Okay. And they are also claimed
20 A Not during my tenure there. 20 by IPG, correct?
21 Q Okay. You'l recall the last 21 A Correct.
22 Phase 2 proceeding was same time ago, and I 22 Q Did you aver ask Eintage to Page 191 Page 193
1 think you testified in it. That was for ths l 1 validate its claims on behalf of the BBC2 Or
2 '97 royalty year, correct? 2 do you know if anyone else did at the MPAA?
3 A Yes, that's correct. 3 A I want to back up just a second,
4 Q And do you recall that the 4 and then I promise to respond to your
5 decision that came out by the CARP made 5 question.
6 comments about aero viewing — the incidence 6 0 No problem.
7 of aero viewing in the MPAA study. Do you 7 A Amongst syndicators, there are
8 recall that? 8 many companies with diffezent but similar
9 A I recall that. 9 names. BBC is one of them. There is BBC
10 MR. HARRINGTON: Objection. Your 10 Worldwide, which is the entity that I believe
11 Honor, he's asking about a decision that was 11 operates outside of the United States, and BBC
12 vacated, so I don't think it's appropriate to 12 America. 13 be questioning what the provisions of a 13 So when you say BBC, like there
14 vacated decision are. 14 are three companies called Preemantle, but
15 MR. BOYDSTON: If I msy be heard 15 they don't have anything to do with each 16 just on one thing. It was vacated. However, 16 other. So I think it is important that we be 17 it wss by the Librarian, not ths CARP. And 17 specific about which entity we'e referring 18 when the Librarian did it, it put in there in 18 to. 19 text, "We vacate the decision, but not the 19 Q Let me withdraw the question on 20 logic hereof." That's in the decision in 20 BBC, then. Let me ask the same question with
21 black and white. 21 regard to Reel Media. And to make the record
22 CHIEF JUDGE BARRETT: Overruled. 22 good, I'l start from scrat.ch on the question.
Meal R. Gross 8 Co., inc. 202-234-4433 Page 194. Page 196
1 Do you know whether or not the MFAA ever asked 1 'arm Juurnxl seems to be making pretty clear 2 Fintage to validate that it was pezmitted to 2 that it's IPG who has got them, right? 3 assert claims and try to collect claims on 3 ' A 'hey certainly Say,:"Disregard the 4 behalf of Reel Media? 4 previous correspondence." ' 5 A We did not make that effort. 5, 0 Right. And I ask you this in part 6 g Do you understand from these 6 because you remembered Farm Journal in your 7 proceedings that in fact Fintage's claim on 0 direct independently, so I'm wondering if you 8 behalf of Reel Media has been disavowed by 8 might have a few other memolias.'o you know
9 Reel Media? 9 whether or not the MPAA ever confixmsd— 10 A Yes, ]'m awaze of that. 10 ' ' MS.'LOVNICK: Ob5eution. Ms.
11 {} Are you familiar with the entity 1'1 'easlex didn' 'remember it independently. 12 — I think you mentioned it — strike that. 12 That's a mischaracterization of her testimony. 13 Didn't you mention something about Farm 13 CHIEP JUDGE BARRETT'. Sustained.
' ' 12 Journal — what's their name2 Farm Journal lx BY 'MR. BOYDSTON: 15 Electronic Media, do you recall them? 15 g Okay. With regard to Farm
A Yes. It's my last appendix in my 1'6 'ournal, de you recall whether ox not the MPAA
17 rebuttal testimony. 1~7 ~ ever tiied'to Validate with Farm Journal that
18 Q Okay. And that was an entity, I 18 in fact Paxm Journal wanted its rights pursued
19 think you said, where there was an overlap 19 by the MPAA or one of its agents2
20 between IPG and MpAA, corzect2 I Msi PLovNIOK: Qb5eution. Ms.
21 A Correct. 21 Kesslez nseer testi'fied tha't MPAA represents 22 0 Okay. I'd like to pzesent what '2 Farm Journal. It is also not on the list of I., I Page 195 Page 197 ('
1 I'd like to mark as Exhibit 503. And this one . 1 claimants.
2 is not voluminous, I'm happy to say. I'm MR. BOYDSTON: I thought I heazd 3 sorry, 502. Ths first one was 500. 3 — oh, sorry.
I apologise, Your Honor. CHIEF JUDGE BARNETT: Well, there (Whereupon, the sbove-referred to 5 was testimony that there was an ovezlap in
document was marked ss IPG Exhibit 6 claims.
No. 502 foz identification. ) MS. PLOVNICK: No, Your Honor.
Let me ask you to take a look at 'l 8 There was testimony that they separately had 9 that, snd 1st me know if you have sean that 9 notified the Judges that they terminated IPG,
10 before. 10 not that MPAA represented—
MR. HARRINGTON: Do you have one CHIEF JUDGE BARRETT: That might 12 for us? 12 be your memory of the facts, but that's not 13 MR. BOYDS?ON: Sure. 13 the testimony. The testimony — the question
THE WITNESS: Nell, this catches 19 wss, weze there overlapping claims, and Ms. 15 me by surprise. 15 Kessler said there were. And then Mx.
16 BY MR. BOYDSTON: 16 'ogdstbn bkgan 'in with 'examplee. And if this
17 0 Okay. Aud why is that? 19 'is.. 'not.'an exemple Of overlapping claimsi then A I have nevex seen it before. 18 'e'o need'o clarify that: for: the record.
19 Q Okay. And would you agree that it 19 ,'',','MS.'LOVNICK: 'I'm'sozxy. I was
20 is clear from this document that in fact 28 ~ referring to hdr direct testimony. So, but 21 although Farm Journal will. have an overiap— 21 'erhaps a clarification is — and I can do 22 thexe are overlapping claims for Farm Journal, 22 'hat ou redireut if you would Iike. I
Meal R. Gross 8 Co., inc, 202-234-4433 Page 198 Page 200;
1 CHIRP JUDGE BARNETTL Or Mr. 1 that IPG produced to the MPAA a copy of an
2 Boydston can clear it up, if he cares to. But 2 agreement with Martha stewart Living. Did you 3 I will leave it in your hands. 3 ever see such a document?
THE WITNESS: I 'm confused. 4 . A It's possible, but I don't recall
5 BY MR. BOYDSTON: 5 specifically.
6 Q Do you know whether or not the 6 {} okay. Are you aware as to whether
7 MPAA ever made s claim for the programming 7 or not the MPAA has ever produced or has s
8 that is owned by Farm Journal? 8 document with Martha Stewart Living, has an
A MPAA does not assert claims at the 9 agreement with them? Sorry
10 Copyright Office level. We don't file claims. 10 A Has an agreement? I would think
11 And to my knowledge, this is the first time. 11 there would be one in here.
12 Farm Journal's programming hss been subject to 12 Q Okay. And the one in here would
13 litigation before whatever body. 13 be redacted like this one probably, right?
14 Q Okay. So I think it's probably,. 14 A Certainly.
15 than, fair to say that you are not aware of 15 Q Okay. And so do you know, or do
16 the MPAA at any time ever trying to say— 16 you recall whether or not it was affizmed by
17 confirm with the folks at Farm Journal that 17 IPG that IPG had a contract with Martha
18 tha MPAA had a right to pursue their rights. 18 Stewart Living for the year 2000? 19 It sounds like you don't think they— 19 A I don't know what IPG did.
20 A I can tell you that we became 20 Q Okay. To your knowledge, Martha 21 aware of thai.r claims when they filed their 21 Stewaxt Living has never tezminated — sent a 22 own claims. And we I think had once talked 22 termination letter to IPG has it?
Page 199 Page 201
1 about the fact that, did they want MPAA 1 A I don''t know ~
2 representati.on? My reco lection, though it 2 0 With regard to the United States
3 may be faulty, is that they thought that they 3 Olympic Committee, do you know whether that
4 were represented by IPG, and I don't recall 4 entity has ever asserted that the claims made 5 that a representation agreement was ever 5 by IPG in these proceedings are claims that
6 executed with them. 6 should have been made by the MPAA?
7 Q Okay. Let me ask you about Martha 7 A Say that again. 1
8 Stewart Living. I 8 Q Do you know whether or not the 1 A Okay. 9 USOC has ever said that it should be the MPAA
10 Q Do you recall that programming? 10 making claims on its behalf, not IPG making
A Yes. 11 claims on its behalf?
— I 12 Q And do you recall that and I „ A We have a representation agreement 13 think it was affirmed by you, but that's why 13 with them, and I believe there is a letter
14 I'm asking, to make sure, that IPG affirmed 14 from them terminating their agreement with 15 its representation of Martha Stewart for the 15 IPG.
'16 year 2000, does that sound familiar? 16 Q And would that be included in 17 A Ars you asking, were these 17 Exhibit 500, the redacted,vspxesentation
18 overlapping claims? 18 agreements?
Q No, not exactly. 19 A No. The letter that I'm referring
20 A Help me out just a little bit. 20 to?
21 Q Not exactly. Do you recall— 21 Q I'm sorry. No, I wasn't referring — 22 were you ever shown — I'l represent to you 22 to the letter. I was refezring to and you
Neal R. Gross 8 Co., Inc. 202-234-4433 Page 202 Page 204 brought up the letter, I understancl that. 1I Icorfect) )Il(d, Ectually, 500 was admitted as What I'm asking you is, does the MAR have a 2 a rastr)icted document. So 501 and 502 are contzact, like a certificalcion or a 3 admitted. representation agreement, with the USOC? I'm (Whereupon, the above-referred to sorry. document.s, previously marked as
A I:believe there should be one IPG Exhibits Nos. 501 and 502 for there. identification, were admitted into
Q Okay. And redacted like the rest 8 evidence,)
of them, I presume? MR. BOYDSTON: Thank you, Your
10 )( Correct. I'm saying correct. I 10'oir Your was don't know what the redact.ion process was. Honor, I instructed
But to the extent that they are all reclacted, 12 by my Staff,, Whc Waa inatrurted by Lake rhia at. 13 so what's true for one is true for all. j 13 Keys, to present these here today thi.s
MR. BOYDSTON) Thank you. Nothing In hearing.
15 further. ! 15 CHIEF JUDGE BARKrETT: Correct.
CHIEF JUDGE B)uLNETT) This is 16 Thank you. I 17 probably a good time for us to take ouz 17 MR. BOYDSTON: ?md t.hen the last.
18 afternoon recess, so we will do that. We will 18' houaekeaping matter, Your Honor, is this. 19 be at recess for 15 minute:s. 19 With regazd to exhibits that have been 20 (Whereupon, the proceedings in the 20 attached to. the documents a).ready filed with 21 foregoing matter went off the 21 the Court, meaning the direct statementa encl
22 record at 2) 15 p.m. and went back 22 the rebuttal statements, may we refer tr& those
.Page 203 Page 205
on the record at 2:39 p.m.) 1I I exhibitb asI they are attached to those
CHIEF JUDGIS BRINETT: Thank you 2 documents'? Or do we need to have fresh copi.es
for your patience. I'm afraid rue ran over a 3 all around? bit. CHII F JUDGE SAR1)ETT) Ttrey are I Mr. Boydston, you are on your 5 attached to the testimony, the written clirect I feet. 6 testimony, 'the written rebuttal test.imony.
MR. BOYDSTON: Your Honor, may I 7 Let's just. .'keep ther) -- we accepted Ms. I approach briefly' 8 Kessler's testimony with the appendices to it,
CHIEF JUDGIS BMUNETT) Yes. and, you know, that is now in evidence. It
MR. BOYDSTON) I have a couple of 10 was admitted as a whole, so-- 10 I
housekeeping t'hinge. But, first, 1 rvasn' IMR.IBQYBsTDN) Like, for instance,
sure if I had done it, and I just wanted to j if I reter 'Co exhibits that are al.tached to
13 ask -- I wanted to move to admit Exhibits 500, I 13 the rebutta.l testimony of Mr. Galas that has j 501, and 502 into evidence. I think I had beers previously filed with the cRB, with the
15 them marked but not. admitted. Panel, do I need to hove a new copy of that?
CHIEF,JUDGE B)(RHETT: Rny 'r can Y rely on the fact that. the Judges have 16'7 objection, counsel? the copies we filed in the normal course?
MB. PLrJVNI()IC) Only the previous CHI) F JUDGlv BARIIIETT) We have the 19 gualification that 500 is subject to the 19 copies. plr ase don't provicle u, with more 20 protective order, and I believe that was 20 paper.
MR. BOYDSTON: That was 21 already on the record. 21 my i ()jinni'A 22 CHIEF JUDGE BURNETT: That' 22 thought, but. I
Neal F!. Gross 5 Co., Inc. 202-234-4433 Page 206 Page 208,
CHIEF JUDGE BARRETT: Okay. 1 claims.
MR. BOYDSTON: — saw that the 2 A That's right.
3 WPAA had naw stuff, and I didn't know if I 3 Q That's correct? So is it your
4 should, too. 4 understanding that the entities that signed
5 CHIEF JUDGE BARNETT: You don' 5 representation agreements with MPAA had
6 need to, as long as we are all clear and we 6 attested their authority to represent know what we are referring to. 7 underlying claimants on joint clsi.ms?
MR. SOYDSTON: Great. Thank you. 8 A Yes, it is.
9 CHIEF JUDGE BARNETT: Okay. 9 0 All right. The MPAA
10 MS. PLOVNICK: Brief redirect, 10 representation agreement is perpetual,
11 Your Honor. 11 correct?
12 CHIEF JUDGE BARNETT: Yes. Well, 12 A Yes, it is.
13 first, 1st me ask i.f there is any cross- 13 Q And you talked a little bit about
14 examination from the Settling Devotional 14 the 1997 proceeding and the Phase 2 order in 15 Claimants. 15 that proceeding. Do you know when that order
MR. HARRINGTON: No, Your Honor. came out, the date of it?
17 CHIEF JUDGE BARNETT: Okay. Now, 17 I don't recall.
18 Ms. Plovnick. 18 Was it December 26, 2001? 19 MS. PLOVNICK: Thank you, Your 19 If you assert to me that it was, I 20 Honor. 20 will accept your word. REDIRECT EXAMINATION 21 Do you know if that decision was
22 BY MS. PLOVNICK: 22 appealed'
Page 207 Page 209
1 Q Hello, Ms. Kessler. First, I 1 A Yes, I do.
2 wanted to clarify, does MPAA file claims on Q Do you know when the appeal was
3 behalf of— 3 resolvedg
4 A We do not. 4 I do not.
5 Q And did all of the entities on 5 0 Would it be April 2004?
6 Appendix B to MPAA Exhibit 358 file a claim 6 A It might be.
with the Copyright Office- 7 Q It might be. All right. Did any
A Yes, they did. 8 action that MPAA may have taken in regard to
Q — for ths particular royalty year 9 those rulings, would that have been after the
10 indicated? 10 appeal wss resolved, or after the decision
A Yes, they did. 11 came out, oz later? 12 0 And as s part of filing that A All are possible. I don't know.
claim, did they have to attest that they had 13 Q But it would certainly have not authority to file the claim on behalf of any 14 been prior to a decision—
joint claimant they may have filed on behalf 15 A Correct.
of? 16 Q — correct?
A . I believe that language is in the. 17 A Absolutely.
claim language. Q All right. I wanted to clazify— 19 0 And then, again, when they signed 19 Farm Journal Electronic Media, is it your
20 a representation agreement with MPAA, there is 20 understanding that MPAA is claiming to 21 s provision which you talked about previously 21 represent Farm Journal Electronic Media'
22 regarding representation of entities on joint 22 A I believe we are not.
Meal R. Gross 8 Co., tnc. 202-234-4433 Page 210 Page 212
1 Q Thank you. 'o it would seem.
2 A And my apolog:ies for suggesting Q Fintage didn't have the authority,
3 otherwise. I mean. Now, i.f IPG had siclned up with the
Q Wl.th:cegard to Reel Funds Media, MPAA like Fintage, would IPG have had to have
5 Mr, Boydston asked you questions about, them. shown the MPAA all of its contracts with all
6 Are you aware that Fintage fi:ied a withdrawal of the entities it represents? as i:o Reel Funds Media? I have been told that they dirl. MR. BOYDSTON: Thank you.
Q And do you know why they rlid? CHIEF JUDGE BARNETT; Any
10 A I have been told that IPG questions from the bench?
threatened li.tigation aga.inst Ree.'I Funds. I JUDGE STRICKLERI I have one or
Q And Mz, Boydston also asked you 12 two. Ms. I&easier, this goes back t.o something
13 questions about Dr.. Gray. Do you know what I had addressed wit'h you before. In youtr
Dr. Gray did with the diacy study that you I& I direr:t Itestimon'y, in your w!citten testimony,
15 ordered from lgielsen? 15 I you liat in you'r chert the number of sample
16 A I do !not. 16 atatiorts on page 12.
17 Have Dr. Gray's 17 THE WITNESS: Yes, air. Q Gray 's you:cead 18 testimony? 18 JUDGE STRICKLERI It varies from
A I have nor. year tc year, a range of 81 t.hrough 125, What
20 Q So yoo don't real.ly know anything 20 was the universe of the number of stations?
. 21 about Dr. analysis. 22 Yod sat(!pled on those numbers. 'what Ivas the I 22 A Completely ignora:nt. universe?
Page 211 Page 213
1 MS. PLOVNICK: All right. Thank THE., WITNEGS: I don't recall. I
2 you.. I have no t'urther quest.tons for Ms. heard Mr. Boydston suggest that it may have
3 l&essler. I 3 been in the range of 900 stations. I CHIEF JUDGF. BPIRNETT: Than'k you. JUDGE STRICKLER: Mell, separate
5 Mr. Boydston'? ancl apart front what counsel had said, do you
MR. BCIYDSTDNI May I have a recall.'r docs that refresh your
7 recross, very briefly' I recollection? I CHIEF JUDGE BARNETTI Very 8 THE WI'INESSI I do not recall.
briefly. i JUDGE STRIC1&LER: DOes t;hat
10 M(t. BCIYDS'(ONI Ceztainly, ma'm. I 10 refresh your recollection of !
REC!ROSS-EKPMII?ATION THE, W I'INESS I No, i 1 doesn '..
BY MR. BOYDSTONI 12 JUDGE STRICKLERI You have no I Q M . Kesslez, Itith regard to Reel I knowledge of this.
Funds, you said thiat all of the entities i:~ THE, WITNESS: I can find out. 1
your Ewhibit Et attested that they had the don't know here on the stand.
16 authority to represent those people with whom JUDGE STRICKLERI Okay. And wit:h
17 they had contracts, correct? 17 . regard to t.he year 2003, you said o:ciginally 18 Correct. you heel samplect 128 stations, not 125, :is that
19 Q Wouldr.»'t, you agree with me that in 19 right? 20 the case of Reel Funds that attestation was in 20 THE WITNESS: Correct. didn't have the JUDGE STRICKLER: And the reason 21 fact false, since they ( jjiii)I 22 authority as it turned out? 2 1'! why you recluced it from 128 to 125 was because
Meal lk. Gross 5 Co., inc. 20'?-234-4433 Page 214 Page 216 you had heard fiom Nielsen-- to why you should do that?
THE WITNESS: Correct. THE WITNESB: No. There was not
JUDGE STRICKLER: -- that three of any discussion. 'It is like -- I am just those stations showed no viewership trying to think of an analogy. Zero is zero. whatsoever? So there wasn't anything we could do with it.
THE WITNESS: Correct. It's .like — oh, golly. You have to have data
JUDGE STRICKLER: Who did you hear in order to generate. You can't generate
from from Nielsen in that regard? Do you something out of nothing. You need data to know? produce a result, and there were no data, no
10 THE WITNESS: Our contact person 10 viewing data, So there was no — there was I changed. I don't recall if it «as Mr. 11 nothing to work with. Nothing to work with. 12 Lindstrom, who is going to be heze, or JUDGE STRICKLER: You considered somebody named David, whose last name I don' the zero to mean nothing to wozk with? recall. But I know he is not there anymore, THE WITNESS: Cozrect. It would
15 But between the two of them, one not, result in a royalty to any claimant.
16 of them -- and to tell you the truth, I don' 16 JUDGE STRICKLER: So ultimately even recall if they told us oz if we looked 17 was it your decision to reduce the number of and we thcught we were missing three stations, stations in 2003 in the sample from 128 to and we went back and we said, "We ordered 125, or was it Nielsen's, or wss it a joint— 20 these three stations, but there is no data." THE WITNESS: It was not a 21 And then they said, "oh, that's because theze 21 decision. It was a default. There is nothing 22 was no viewing." 22 there. It wasn't a — they were stricken. j Page 215 Page 217 I don't recall the specific They were ordered. If they had had viewing, } circumstances. I just recall that they did we would have used them for the distribution not have any distant cable viewing. of royalties. But the — there was no purse. I JUDGE STRICKLER: Well, in light There was a purse, but there was of the fact that there was no distant — or nothing in it. There was no basis. There was despite the fact that there was no cable no data, and so you can't generate something distance viewing, why did you not just keep out of nothing. I think I'm not answering the 128 in the number of stations? That's the your question. number that you had selected and it was your JUDGE STRICKLER: Well, if that-
10 selection being given to Nielsen, rather than 10 you'e answered it. If that's your answer, I the other way around. that's fine.
THE WITNESS: It was not a matter 12 THE WITNESS: That's my answer. of ditching the three stations. It just meant. 13 But if you have a concern, I would love to for the purposes of royalty distribution, address it. 15 there would not be a royalty for any claimants 15 Ms. PLOVNIOK: Your Honor, may I who had works on those, because there had to ask a clarifying question? be vipwing to the programs in order for tbe 17 CHIEF JUDGE BURNETT: You may. claimant to accrue a roya'ty. 18 MS. PLOVNICK: Ms. Kessler, when
18 JuDGE sTRICKLFR: was there any 19 you ordered the data, was it foz this
20 discussion between you and Mr. Lindstrom, or 20 proceeding, or was it for an internal David, whose last name you don't recall, about 21 distribution of royalties that
22 eliminating those three, a specific reason as 22 THE WITNESS: It was for the
Meal R. Gross 8 Co., Inc. 202-234-4433 Page 218 Page 220
internal distribution of royalties and AI I I h(tve an undergrad B.S./B.A. in
potentially for a Phase 1 proceeding. 2 Business Administration from American MS. PLOVNICK: But you did not- 'I University with a concentration in management.
you ordered. it for your own internal purposes 6 information systems, an&i an M.B,A. from
at MPAA when you made the order. That was 5 ~ Uni~vers~ity Of Maryland.
your primary purpose. Q And where do you work'
THE 'I?ITNESSI That's correct. A Cable Data Corporati.on.
JUDGE FEDER: And.when was this? 8 I I Q And is there an acronym by «hich
THE WITNESS& 1 don't reoall, but &I Cable Data Corpcrat.ion .is often referrecII!
10 it would have been bet&seen one and two years 10 » A i Yesi, It's commonly referrecl to as after the royalty year. So if'e'e talking 11 CDC.
12 about the 2000 sample, I most likely would not Q So «hat does the CD(: do?
13 have ordered it until 2002 at the earliest. A Ite spend a lot of t.i.me collecting CHIEF JUDGE BARNETT: Any other 14 statements of account here at the Licen;ing
15 quest.iona'? Any questions of counsel based on 15 Division, Copyright Office, researching,
16 the questions from Judge Strickler or Judge 1&» collecting, aggregating, reporting, analyzing
17 Feder? 17 the data as filed. I 1B (No response.) 1B Q And when did you start working for
19 Okay. Thank you. 19 CDG'? 20 Thank you, Ms. tussler. You may 20 A Twenty-five years aqo
21 step down. 21 Q And what were your duties and 22 THE WITNESS& Thank you. 22 responsibilities at the time you started
Page 219 Page 221 (. I (?6!ig (Whereupon, the witness was I. ~ working at CDC?~
excused'.) A Initially, largely at a researchi
CHIEF JUDGE BARNBTTI Mr. 3 I and dat'a entry ana1ysis .level.
Olaniran,. you may call -- or, .'Ms. Plovnick, Q Did those responsibilities change
you may call your next witness. 5 I over tilmev
MS. PLOVNICKI MPAA calls Jonda A They did. Martin t:o the stand. Ne are going t.o pull her And what is your current po dtion out of the witness room. there? I WHEREUPON, A I currently am owner and president
I 10 JONDA MARTIN I 10 of Cable Data. I was called as a witness by Counsel for MPAR MS. PLOVNICKI All right:. liow, so
12 and, having been first duly sworn, assumed the 1&2 just for Your Honor, so you — .'lust so I 'm
I 13 witness stand, was examined and testified as 13 clear, I have additional copies, but: you would follows: prefer that I don't give you an additional
15 DIRECT I)(AMINATION copy of Ms. Martin's testimony? Because I «as
16 BY MS. PLOVNICI&: going to nark it for the record and distribu"e
17 Q Can you please sta'Ce your name, ancl show the witness, but.
18 and spell it, for the caco:cd? CHIEF JUDGE BARNETT: I would
19 A Sure. Jonda Martin. &I-0-I»l-D-I&i& pref'er that you not, except f'r the fact that
20 Martin, M-A-R-T-I-IN. 2 (I I left mine. C'"",t)k 21 Q Ms. Ma:ctin, what is your 21 MS. PLOVNICK: Oh, okay. I"
22 educational background'? 22 'HIEF JUDGE BARNETT: So if I
Neat tR. Gross 8c Co., tnc. 202-234-4433 MI'AA EXHIBIT ~~
Before the COPYRIGHT ROYALTY JUDGES Washington, D.C.
) In the Matter of ) ) Distribution of the ) Docket No. 2008-2 CRB CD 2000-2003 ) (Phase II) 2000, 2001, 2002„and 2003 ) Cable Royalty 'Funds ) )
Direct Testimony of
Paul B. Lmdstrom
May 30, 2012 melseB.
Paul B. Lindstrom Sr. Yfce President Strategfr Media Research
TESTIMONY OIf'AUL B. LINDSTROM
My name is Paul Lindstrom. I am a Senior Vice President with Nielsen. I am in charge of research design and analysis for the Nielsen Strategic Media Research group. Nielsen is a global leader in information services.for. the media and entertainment industries. Nielsen serves the information and.marketing. needs. of: television and radio broadcasters, cable networks, advertisers, agencies, media: planners, music companies, pubHshers, motion-picture studios, distributors and exhibitors, and the Internet industry
I have worked for Nielsen for thirty-four years and have spent the majority of that time designing custom research with a particular focus on new television viewing sources'nd audience measurement of new services. that might compete with television. These have included cable television, paysTV, satellite services, over-the- air subscription television, VCRs, PC's, on-line services, the Internet, DVDs, cinema,
and most recently, place-based and location-based digital networks. I am currently responsible for all national custom research and alt custom research for local cable. In my current role, I work with clients to determine the best methodologies.to answer
.their audience research questions. In the television area, these methods can involve
either the analysis of existing databases of collected,user meter, datft, local television
diary samples, or the development ofnew databases through the use of new single-
Nielsen 770 Broadway New York, NY f0003-9595 tel646-654-8474 fax 646-654-8593 Paul.Lindstromfsnietsen.corn www. nielsen. corn client sponsored data collections.. Through the years I have worked on prospects as varied as the pre-launch concept tests for ESPN, 'fhe Weather Channel and DirecTV, the design of Nielsen's Syndicated Pay Cable, VCR Vsage, Syndicated Satellite and
Home Technology Reports, the Comma'ceNet Study of Internet Usage, the Nielsen
Cinema Audience Report, and Nielsen On Location Media. I have been involved in all of the studies that the Motion Picture Association of America ("MPAA") has directed Nielsen to conduct for proceedings before the Copyright Royalty Tribunal, the Copyright Arbitration Royalty Panel, and the Copyright Royalty Judges since
1980, Also, I have testiTied before those bodies.
The Nielsen name is synonymous with television ratings. Ratings are the percent of the universe of households tuned to a TV program during the average quarter hour. Nielsen ratings provide an estimate of television audience size and are a barometer for viewing choices and preferences. Viewing information is important to broadcast networks, local and national syndicated programs, local cable system operators, multi-system cable operators (MSOs), and interconnects. Interconnects are aggregations of cable systems that cover a particular market or region, thus allowing an agency or advertiser to buy a large area at one time without having to negotiate with many different companies
As more local cable ad sellers sell local advertising time on cable channels, they need an agreed "currency" in order to maximize the value of their advertising time. Nielsen ratings offer that currency. Nielsen's charter as an independent measurement service is to provide both the buyer and seller of time with unbiased
estimates of viewing behavior. SAMPI.IWG TV RATINGS
To set the context 'of my testimony, I vvant to take a minute to discuss ratings and sampling. The Nielsen rating you may see reported in newspapers or magazines is simply a statistical estimate of the number of homes tuned to' program. For example, .a rating of 15 for a network: television program means that. 15% of U.S. television homes are estunated to be tuned in to that progiam. In 2000, approximately
100,8 million U.S. households (98% of the total) had televi ion sets. A rating of 15 meant that a'n estimated 15.1 million television households tuned in'.
Equation for determining viewing households: Rating x Tots.l Television Householdsi = Viewing House~holds 15 x 100.8 miiHion = 15.1 million
Note that when we described the'ating, we used the words "statistical estimate." Ratings are based not on a count of a]1 television households, but on the count within a sample of television households selected from all television households. The findings within the sample are then "projected" to.national totals.
We also sonietimcs usc the phrase "share" to quantify audience viewing levels.
'"Share" prefers to the percentage of television sets in i'ise tuned to a program. In other
words, a rating measures what percentage of the universe of television households tuned in to a program, whiile a share measles whlit percentage,of the nuniber of
television households in use are tuned in to a particular program. DATA COLLECTION
During 2000-2003, Nielsen utilized two basic data collection instruments in our syndicated services: meters and diaries. A set meter is an electronic device attached to a television set in a particular household that detects the channel to which the television is being tuned. The data from these set meters are then converted into household ratings. Household meter data was collected year-round in Nielsen's metered markets during 2000-2003.'iaries are paper booklets in which each person in the household records viewing information. In 2000-2003, diary data was collected in Nielsen's metered markets during the months of November, February, May, and
July, which are atso known as the "sweeps" rating periods. Seven-day diaries were maiied to homes to keep a tally of what was watched on each television set and by whom. Over the course of a sweeps period, diaries were mailed to a new pariel of homes each week. At the end. of each month, all of the viewing data from.the individual weeks were aggregated into Nielsen's database.
PURPOSE OF TESTIMONY
The purpose of my testimony is to explain the methodology employed in a custom analysis of Nielsen diary data for 2000-2003 that I designed for MPAA.. My custom analysis estimated actual distant viewing by cable households to the signals identified in Appendix D to Marsha Kessler's testimony (the "Kessler Stations") for
't the beginning of 2000, Nielsen had 47 metered markets. By the end of 2003, Nielsen had 55 metered markets. lllelSCD each year at issue in this proceeding. I understand that this distant viewing data is a part ofDr. Jeffrey Gray's economic analysis.
METHODOLOGY
The MPAA study is a custom analysis of the sweeps diary viewing data that are used for generating the cable and broadcast network ratings.'The methodology, in. brief, is as follows:
1} MPAA supplied Nielsen'with the list of the Kessler Stations (all of which were
distantly retransmitted by cable systems in 2000, 2601, 2002, and 2003).
understand that MPAA relied on data from Cable Data Corporation {"CDC")
identifying stations distantly retransmitted by cable systems during 2000-2003
and selected the Kessler Stations based on the number of distant subscribers
and the amount of Section 111 royalty fees:generated by each station
2) To limit the result to only distant viewing, MPAA provided Nielsen with the
information as to whether counties were distant or, local for each ofthe Kessler
Stations. To do this, MPAA performed a county analysis and gave us the:
identities of the counties that should be considered local for the purpose of
Nielsen's custom analysis.
3) Nielsen eliminated all non-cable viewing of programs for the Kessler Stations
and all viewing to each station that occurred within the station's local area.
Nielsen only measured the cable viewing for each station individually for
counties that were not identified as local by the MPAAi What was left aAer 1'llelSel'.
the elimination of local viewing was distant viewing among cable households.
This is reported in the form ofminutes of viewing by households.
"ZERO VIEW1NG" INSTANCES
One concern that has been raised in past Phase II proceedings was the incidence of the so-called "zero viewing" instances that appeared in Nielsen's custom analysis. The appearance of these "zero viewing" instances is consistent with what I would expect to find in a custom analysis of viewing to distant signals by cable subscribers, for at least two reasons. First, it is important to recognize that Nielsen's custom analysis excluded all distant viewing to programs that are not compensable in this proceeding. This included distant viewing to ABC, CBS, and NBC network programs and programs that were not simultaneously broadcast on both WGN's local feed and WG¹s satellite feed (known as WGN-A). Where noncompensable programs aired, Nielsen's custom analysis properly reported a zero viewing value.
Second, the amount of actual viewing minutes to certain distant signals is very small.
Where the viewing minutes to particular distant signal programs were so small as to be statistically insignificant, Nielsen's custom analysis would assign a zero viewing value.
Thank you for the opportunity to testify in this proceeding. COPYRIGHT ROYALTY BOARD
THE LIBRARY OF CONGRESS
IN THE MATTER OF:
DISTRIBUTION OF 2000, No. 2008-02
2002, 2003 CABLE ROYALTY FUNDS CD 2000-03 Phase II
Monday, June 3, 2013
Fourth Floor Hearing Room Madison Building Library of Congress 101 Independence Avenue, SE Washington, DC The above-entitled matter came on for hearing, pursuant to notice, at 9:30 a.m.
BEFORE: THE HONORABLE SUZANNE M. BARNETT, Chief Judge THE HONORABLE JESSE FEDER
THE HONORABLE DAVID STRICKLER
Meal R. Gross 5 Co., inc. 202-234-4433 APPEARANCES; CONTEHTS
On Behalf af tha Settling Devotional t)ITHESS DIAECT CAOSS REIIIAECT RECROSS Clainsatsl Marsha Rassler 101 206 CLIPPO)ul M. At\RRINGTON, ESQ. tmTTHEH J. Haal EAN, ESQ. 9)'z ~ Baydstan 135 211 ofl Pill sbuxy 'ttintbrap shaw Pittaan, LLP IJaadat Hartin 219 2300 9 Street, 'ttarthuzst 'By Hzt Baydstau 231 Hashingtan, DC 200:)7-1122 By'Mr. Haz:Ilngtan 235
)2D2) 663-B525 Eelvin Pettetsau 237 2'tD
ARNOLD I,ul'I AEA, LSQ. By No. Beydstan » 253 of: Let .)Ier aad Lutxiex, ILP 1233 20th Street, tnrthllest Paul Lindstram 280 Hsshingtan, DC 200:16 {202) 408-7600 EPHIBIT NO. DES C 9 I PTI DtI %HIE AECD HPAA 359 Dirmzt Testimony of Da Behalf of th» Independent Preduaaza Gzaup Mars!as Rassler 105 106
BRIAtt D. BOYDSTDN, ESQ. I Rebuttal ')estimtny of aft PicR i Baydstea, LLI'0786 'atshn Ha»alar 127 129 Latante Avenue Dirett Testimony af Las Angeles, CA 90029 Jaada Hartin 222 223 )213) 61!4-1996 Rebuttal Tesrinany ai on Behalf af the Natian Piature Jaada Martin 224 255 Assaaiatiaa of Asar! cal GAEGOAY O. DLAHIIOIN, ESFI. 362 Dirac» Testinaay of
LUCY )let HES PLOI/MICA, E!IQ. I Kalvtln A,IPattetsaa
Al)mgnhy HGUYEH, EGQ. 1363 I Dlrebt Taztfnany af of: Hitche)l Silberberg a Aaupp, Paul'. I)ndstrum 293 LLP 1819 H Street, Har'zhwest
500 Aeprasanteti n Agreement 13'I 141
'501 certifiaaziaas 145 204 Eighth Plass 'a»la Msshingtan, Dc 20036 I502 Jaurnal 195 204 )202) 355-7537 503 Metlnzxh Pragzsmmta9 . 266 re) Page' P-R-0-I -E-S-D-I-M"G-S jg!32 a.m.)
CBIEF JVDGE BARNETT! There has
been one change since we were 011 here before. It used to lte that t)ne mjicrophones on counsel table were not live unless ycu pressed. They'e the opposite now. They'e always
ALSO PRESEHTI Ft live. So, if you'e going to confer with one
zl another be :ure to mute t:he microphone. Imub GAIAE 10! Okay, good morning, a.ll. This is VICTORIA LYNCH
DEIIISE 'VEPHON the data and time set for hearing in Phase II of tha distribution proceedings commenced under Copyri.ght Royalty Board Doc):et Number
14 2000-2:in re the distribution of cable royalty
15 funds for the years 2000 through 2003.
I think I have met you a11. I'm Judge Suzanne Barnett, the proverbial 1ast man
standi.ng since we last met. Judge Strasser
19 very happily reclaimed hj,s position as senior 20 counsel to the Copyright Royalty Boarcl. Judge
21 Roberts accepted a position a Senior Counsel 22 to the Ftegister of Copyrights.
Heal fk. Gross 8) Co., Inc. 202-234-4433 28'0 Page 278 Page t, identified as being matches. THE WITNESS: I do not.
JUDGE STRICKLER: Those various CHIEF JUDGE BARNETT: Any follow- iterations were never compi.led into one List? 3 on questions then from counsel?
THE WITNESS: I don't believe so. MR. OLANIRAN: No, your Honor.
5 JUDGE STRICKLFRi Do you know a MR, BOYDSTON: No, your Honor, percentage of total titles that fell into that CHIEF JUDGE BARNETT; Thank you, gray category, if I may call it that, that you 7 Mr. Patterson. You may be excused, had to send back to MPAA? (Witness excused,)
THE WITNESS: I do not know. MR. OLANIRAN: Your Honor, MPAA
JUDGE STRICKLER: You were 10 would like to call Mr. Paul Lindstrom. supposed to, you were charged with removing CHIEF JUDGE BARNETT: An obstacle 12 program titles identified by Tribune as course there for you. 13 broadcast type because those would not be 13 'WHEREUPON, covered by this proceeding. And I think you PAUL LINDSTROM acknowledged that your company missed those was called as a witness by Counsel foz the 16 and Dr. Gray caught those; is that correct? 16 Motion Picture Association of America and,
THE WITNESS: The network, those 17 having been first duly sworn, assumed the
18 that should have been ai:tributed to ABC, NBC, witness stand, was examined and testified as
and CBS 19 fol lowe:
20 JUDGE STRICKLER: Yes. 20 DIRECT EXAMINATION
21 THE WITNESS: — yes. 21 BY MR. OLANIRAN&
22 JUDGE STRICKLER: that's what I 22 Q Good afternoon, Mr. Lindstrom
Page 279 Page 281;:
1 meant. Can you tell us why it was that those Greg Olaniran. I represent MPAA-Represented 2 were missed? Program Suppliers. Would you please state
THH WITNESS: As I said, it was a your name and spell it for the record?
h very iterative process. We were doing a lot A It's Paul Lindstrom. That's L-I- of. what-if analysis, you know, show-me N-D-S-T-R-O-M.
analysis, those kind of things. And in some Q And, Mr. Lindstrom, what's your of the iterations, we went back to the educational background? underlying raw data, as opposed to the A I have a bachelor'" degree from potentia)ly compensable, just to see if there
10 were other matches that we could use as Q And where do you work? leverage to say, hey, it matched here, maybe A I work for Nielsen.
12 it makes sense here. And just in the final 12 Q How long have you been with deliverable, we just, it was an oversight and 13 Nielsen2 was not included. lh I'e been working for Nielsen, at
1 5 JUDGE STRICKLFRi It fell, out in 15 this point, slightly over 35 years, I just the final deliverable? It fell out for all of 16 passed an anniversary about a month sgo.
17 the network programming? So Dr. Gray was able 17 Q That's a long time. What does to find — so you had included a.ll the networr. Nrelsen do? progransning in the final del.iverable? Nielsen is a niarket research
20 THE WITNFSS: I believe so, yes. 20 company. It's a sufrplier of information on
21 JUDGE STRICKLER; Do you know how 21 both the marketing research side and media 22 Dr. Gray caught it? "2 research side. It's most well known for the
Neal R. Gross 8 Co., inc. 202-234-4433 Page 282 Page 284
television ratings& I think. 1 Q And all of, all of this experience
Q Okay. And what posit.t.on do you 2 is under the umbrella of custom research hold with Nielsen' 3 and/or custom analysis?
A I'm in a senior virce president 4 A Almost all of it, wi.th some position with a group wit)bin Nielsen called 5 exceptions. We'e had products that have gone
Strategic Mearia Research. We focus on 6 on fram the custom reseaxch group to become
producing custom research and custom analysis 7 syndicated entities aut within the industry.
for a wide variety of clients. 8 I could go into details, but it's pro'hably not
Q And what .are your responsibilities 9 i keys right naw,
10 within that group? 10 ' Q'nd 'i.n t'e course of your A I'm responsible for the products 11' exp& riertce, how much statistical analysis, to 12 that are being issued from that group and a 12 whaC extent does statist:ical analysis feature 13 primary responsibilitiy for the design work on 13 .in your work?
the research that we do within that group. It A Statistical analysis comes in 15 covers, as I said, both custom research and 15 quite frequently. It becomes part of the custom analysis. 16 .research design, and it becomes part of the
17 . Q And what is custom xe,earch versus 17 i proaess'Chat' h'ave to go, in terms af working
custom analysis? 18 with ou&'. clients to help them understand and A I probably should have explained 19 to utilize it. So it's a very pragmatic 20 that as I started, buC, just t:o clarify, 20 approach ancl one that, again, I'e been 21 custom research is work where you'e going out 21 required to get into far„ you knew, nearly all 22 to establish a new database. You&re doing 22 of 'Chose 35 years in this type of role.
Pacie 283 Page 285
1 separate data collect:ton, often for an '1 Q And in terms of statistical
2 individual client. Custom analysis is a 2 analysis, ax'e yau talking in terrr&s of sample
3 situation where you'e go)ing into an existing 3 design, sample selection, that sort of thing'?
database. It might be, the dizrry, it might be A It's impassible to design a 5 meters. It might be a variety of different 5 research& praject without being intir&ately
6 existing databases, but you'ze looking at .it 6 involved in the sample design and sample
7 in a new custom way, usuai.ly, again, for a 7 selection. Any type of:issues that could cxop
single client. 8 up all t:ie into it; so ii;, therefore, has to
Q okay. And would you please 9 be part of the design from the very outset.
10 describe the range of your expezience, if you 10 Q And for what type of clients do will, over the 35 years that you'e been aC 11 you perform custom research and custom Nielsen? 12 ana'.Lysis?
A In the position that I'm in, I 13 A It's bee'n a wide range of media
actually have to do the reseaxch work top Co 141 i clients) We'e idone television broadcasters, 15 bottom. So I'e been involved in every aspect 15 local stations, national cable networks, .Local from the operational .'ide of the dat:a 16 cab:Le systems, MSOs. We'e worked with
17 collection, the data processing, data .internet corrpanies, cinerrra advertising analysis, questioana.ize design, the research companies, place-based, almost, again, top to 19 design into what needs to be done, sampling bottom v&ithin the media field. It's been a
20 processes, literat.ly I op t:o bottom from 20 particular emphasis an companies that are
2.1 beginning to end «ith research projects go'tng 21 looking to launch net« media and to go out and
22 through the media group. 22 become ad supported. so as it has grown,
Neal R. Gross 8, Co., Inc. 202-234-4433 Page 286 Page 288 ( 1iterally, beginning with cable straight on MR. BOYD8TON: No objection. 2 through up to the first work t'hat Nielsen has CHIEF JUDGE BARNETTI Mr.
3 done on the internet, I'e been responsible Lindstrom is qualified as en expert in those
4 for. areas.
5 {} And so you'e worked with cable MR. DIJNIRAN. Thank you, Your
6 systems. Have you done audience measurement Honor.
7 work for, television audience measurement work BY NR. OIANTRANI
8 for. cable systems? g Nr. Lindstrom, what were you asked
9 A Very extensive audience work for to do for this proceeding? 10 both cable systems and cable networks. 10 A We were asked to produce estimates
13 g What about broadcast stations? of distant cable viewing to specific stations, 12 A Yes, for broadcasters, as well. 12 as supplied to us.
13 {} And why would a cable system 13 {} Did you prepare a written report
14 reguize you to do audience measurement work? of your work for this proceeding? 15 A There's a variety of reasons on Yes, we did. 16 why it's done, but the most common is a way of 16 Okay. 17 being able to document audiences i.n order to MR OLANIRAN7 Approach the 18 sell them for advertising purposes. There' witness, your Honor?
19 a need for an independent barometer so that .'1 9 CHIEF JUDGE BARRETT: Certainly.
20 both buyers and sellers in the marketplace Can 20 BY MR. OLANIRANI 21 agree on what they think they'e going to be 21 g Mr. Lindstrom, I'm banding you a 22 getting and then whether or not that was 22 pze-marked MPAA Exhibit 363. }{gain, in the
Page 287 Page 1 delivered. 1 interest of the environment, I won't provide
2 {} Does the same thing apply to the copies to the Judges and counsel.
3 audience measurmaent work you'e done for CHIFF JUDGE BARNETT: Can we just
4 broadcast stations, the same— identify, are you getting ready to identify it
5 A That's true. In most instances, 5 for the record?
6 we'ze being comeissioned in order to do MR. OLANIRAN: Yes.
7 audience work for the purposes of buying snd CHIEF JUDGE BARNETT: Thank you.
8 selling advertising in the television 8 MR. BQYDSTON: Your Honor, could 9 marketplace. 9 it be identified the way it was identified '10 g Have you previously testified in 10 when it was produced to us? In other words, 11 any distribution proceedings in the past? I understand it's an exhibit on something that
12 A I'e been involved in all of the was, I don't know where from.
13 proceedings in which the MPAA has commissioned 13 CHIEF JUDGE BARNETT: Sure. 14 work from us. That has ended up being 14 MR. BOYDBTON: Or I'l take 15 virtually all of the phase one hearings since 15 or{ginnie. 16 the 1980 proceedings. 16 CHIEF JUDGE BARNETT: You can hove
17 MR. OLANIRAN: Your Honors, at a copy.
this point, based on Mr. Lindstrom's years of 18 BY I4R. Ol AN?RAN: 19 experience in the field, I offer Mr. Lindstrom g Mr. Lindstrcm, you should have in 20 as an expert in the field of market research 20 front of you a document pre-nmrked MPAA
2'1 with an emphasis on TV and cable audience 21 Exhibit 363. Do you have that?
22 measurement. 22 A Yes, I do.
Neai R. Gross 8 Co., Inc. 202-234-4433 Page 290 Page 292
1 Q And the document i,s, what f.s the THE !4ITNESS: It says, "First, it ? title of that document? is important to recognize that Nielsen's
3 A "Direct Testimony of Paul D, cust.om analysis excluded --"
4 Lindstrom." JUDGI STIIICKLER: And you'e
' 5 Q And it dated May 30, 2012? replacing it with what?
6 A Yes, .it is, THE NITNESS: It should be "Dr,
7 Q . Okay..Is this your written Gray's custom analysis of: the Nielsen data."
8 testimony for this proceeding7 BY Mlt. OIJ)MILAN)
9 A Yes, it is. Q And Dr. Gray's custom analysis or
10 Q And do you have any correct:iona or 10 Dr. Gray's analysis?
11 additions to your testimony? A Dr. Gray"s analysis Would be fine,
12 Yes. There's three of thesh I .12 of the Nielsen data, And then approximately 13 believe. the fourth line from the bottom, it says
Q Just: go ahead. 14 there, as well, "'Nielsen's custom analysis," 15 A I'l have to find j-hem in there. 15 and it should be "Dr.. Gray's analysis."
16 Bear with me for cne moment. On page four, in 16 Q Of the Nielsen data also; is that 17 the first paragraph under data col!l.ect).on, right? 18 approximately halfway down, it talks about the 18 That would be correct.
19 months of November, February, 14ay, and July, 19 Q Okay. Any other correcti.ons? 20 which,are known as the sweeps. It should also 20 A lgo.
21 say "and, in some instances, October and 21 Q Can I direct your attention to tht 22 March." 22 last sentence on that: pacie? Should that loe
.Page 291 Page 293
Q That's at the end of the sentence7 I Nielsen's custom analysis or Dr. Gray's
A That would Le at the end of the 2 analysis, just to— sentence. There are two additional 3 » A That should be Nielsen's custom measurement periods, the ones that are not 4 analysis, so that: would stay as it. is.
5 done for all markets and are, t:herefore, not 5 Q Okay. Thank you. And with those
formally known as the sweeps. 6 »corrections you'e just made, do you declare
Q Okay. So inext one!' 7 your'estimony to be true and correct—
The second wou.'I.d be on page six, 8 A Yes, I do. Oops, sorry.
the second sentence from the top, it says, 9 ~ ~ ~ Q ~ +- and of your personal knowledge?
10 "This is reported in the form of minutes of 10~ ~ ~ A ~ yes, I do.
" viewing by households, that should say it' Ill i i i MR. OLANIRAN) Your Honors, I move
12 reported in the form oF quarter hours of 12 for admission of. Exhibit, MPAA Exhibit 36 1. 13 viewing by households. 13 » » MR. BOYDSTON: No objection.
14 Q Do you have any other corrections? 14 MR. HARRINGTGN: No objection. '1
15 A Then approximat:ely fn the zero 5 CHIEF )UDGE BARHETT; Exhf.bit 363 16 viewing instances, the next: paragraph, 16 is admitted, as corrected.
approximate! y halfway down on page six, it 17 jWhereupon, MPAA Exhibit No. 363 18 says "Nielsen's custom analysi,," and it 18 was received into evidence.) should say "Dr. Gray's anal.ysi;." MR. OI,ANIRAN: Thank you.
20 JUDGE STRICKLE11: Can you clarify, 20 BY MR. OLANIRAN:
?1 sir, where -- because:it says Flielsen's custom Q You stated earlier that you were 22 analysis-- 22 asked to do some work with regard to 2000,
Neal R, Gross 8 Co,, Irfc. 202 234-4433 Page 294 Page 296 (
1 through 2003 Nielsen information for MPAA 1 for seven days. And the households sre asked
2 Could you please descrtba, just very briefly, 2 to supply certain pieces cf information. Each
3 exactly what you did for MPAA2 3 time they view, they'e to indicate what the
A We produced estimates of viewing 4 channel member, the call letters, and the 5 for individual stations among distant cable 5 program was, and then who within the household
6 households. The process that we used was that 6 was viewing.
7 the MPAA supplied Nielsen with a list of 7 41 And how does Nielsen select its
8 stations which had been distantly transmitted 8 households? I 9 by cable systems in 2000 to 2003. In order to 9 A It is a random sampling process in 10 limit the viewing that we were reporting on to 10 order to identify those homes.
11 only distant viewing, we were supplied with an 11 9 Okay. And after going through the I 12 analysis t'hat had been done which defined 12 process where you looked at the, you excluded 13 counties for each stations so that they were 13 the local counties from the viewing data and 14 either classified ss local or distant. And we 14 you also limited non-cable household viewing. 15 eliminated all local counties. Again, that 15 What then did you do2
16 information was provided to us by the MPAA 16 A What we would be doing is to 17 with the definitions so that the data was 17 generate estimates of'he projection value of 18 restricted to only distant counties for each 18 the amount of tuning that wss being done by
'l9 of those stations. 1.9 households within our sample who met that
20 We then went through the database 20 definition on a quarter-hour basis for each 2J and further rut back so that we eliminated all 21 station within the sample. 22 non-cable households from those distant 22 9 Well, you talk about estimates of
I Page 295 Page 297 !
1 counties that had viewing to those stations so 1 projected viewing What exactly do you mean 2 that what wss left was ultimately a sample for 2 by that2 3 each station that was based on distant 3 A It would be an estimate of how
4 definitions and cable viewing. 4 many households would have been tuned during
0 The work that you did for MPAA, is 5 ths average quarter hour that were distant and 6 that considered custom analysis or custom 6 cable. 7 research? 7 0 And in doing the estimate, you'e
8 A That's custom analysis. The goal 8 not going around snd measuring in every TV
9 that we have had with this has been the idea 9 set. I think we know that. How are you— I 10 of being able to analyae what is the database 10 1st me make sure I phrase this correctly— 11 that's currently being used in the regular 11 how are you projecting from the number of. 12 te1evision measurement, and so the diary 'l2 households that have provided you data to the 13 database allowed us to do that with the same 13 remainder of a television tuning population, 14 types of metrics, the same reporting, snd the 14 if you will? '15 same basic data set that's currently used for lh A What's important to keep in mind 16 the industry. with the measurement that we'e ta)king about 17 9 And what exactly is a diary? 17 here is that, ss I noted, the diary itself was 18 What's a diary? '18 a seven-day diary. The sweeps are a four-week
A The diary that's being used and 19 period of time. Each sweep is spptoxtmatety- 20 referred to here is a seven-day diary. It' 20 - or independent samples of around 25,000 21 basically a log that's kept by the household. 21 households. That means during each sweep, 22 It pre-lists quarter hours, 24 hours a day, 22 we'e got 100, 00 home, so this analysis would
Neal R. Gross & Co., Inc. 202-234-4433 Page 298 Page .'300 have been based on more than FI00,00 households 'the ~purpose of the study was really to contributing to it. 2' 'aggregat'e viewing, to aggregate quarter hours
We searched those individual across stations, across t:ime, and across records to meet those homes that qualified sweeps to accumulate sufficient sample size. and, again, find the viewing to those specific ~Under th~at scenat;io, there's the necessity of stations and i.dentify it and add it up quarter 6' ~being able to add and to do, your calculations,, hour by quarter hour. so you have to put in a numeric v'alue. And so
Q Okay. You testified in the 1997 as a result, in Order to allow for the phase two cable royalties proceeding, correct? manipulation of the data, t'e reports and the
10 A That is correct. 10 data that we supplied, it:'s carrying a zero
Q And .in that proceeding, the issue ~numeric ~value berause yott couldn't do that
zero viewing came Could you ~with an ~asterisk~ a ca.ret or some such of up. please 12'3 or 13 explain, first exp1ain the issues of what: ero thing. But .it shouldn't be interpreted as a viewing means, if anything? zero
15 A There's oIce need I o ~ So tlnderstand thing that I 15'6 Q if I you correctly, 16 start out with because z.ero viewing is a as to the data that Nielsen itself maintains, 17 little bit of a misnomer. It'. kind of a you put the symbols snd notes in the data!case
colloquialism tha't's come into play. :I Ito Say t!here'as'on6 reported viewing. !,But
19 But Nielsen actually does not 8'9'0 'Ivittt res!pect'o the data'that you provide for
20 estimate zero viewing. In instances, there is MPAA, you haue tO put zeros in in the quarter viewing that's too low or of a certain hours essentially to allow for manipulation of 22 magnitude that can't be used, we'l tend to 22 the data?
Page 299 Page .301
put either carets or asterisks or footnote: of A That i.s correct.
some kind to say that the audiences smal.l but 2 JUDGE STRICKIER: May I interject
not zero. I mean, we wouldn't qo through and 3 for a second'
say nobody in fact would watch something. II'. FIFXANIRAN. Absolutely, your
What we are saying when we go Honor.
through with these ce.'Ils with what's being IUDGE STRICKI,ER: Mr. Lindstrom,
indicated with zero v.,!exing is that there was you'e doing a sample wit:h the Nielsen
no reported viewing wzthin that sample of. diaries, correct?
homes during that day and quarter hour. And THE WITNESS: That's correct.
10 that's different, that idea of going, when you JUDGE STRICKI.ERF And you end up get into very fin:ite, very specific quarter with these very tow numbers, and you don' 12 hours defined, thnt there was no specific know what they are, so you put in the caret or mentions of viewing within the samIple is not the asterisk„ as you say, correct?
surprising. THF, WITNESS: That's correct.
15 Q And when you said that you tencl to JUDGE STFtICKLFR: Is there a 16 put carets, wihere are you talking about that margin of error Cr a level of confidence syndicated you place this-- 17 associated with the numbers, particularly at
A They'ce within the reports 18 the lower level, where you have these caret. themselves. The difference between the report 19 or asterisks so that we ?now what — I know,
20 that we produced for t: he FFPAA and what we because the zero bound there, so we don't have 2'.I normally do with .research where a negative number of people throwing things at these types oF carets will be put in ia that 22 the television and refusing to watch it
Neal R. Gross 8 Co., inc. 202-234-4433 Page 302 Page 304
1 adamantly but we have either aero or. same 1 this was a respandent and you had two of them,
2 number above it. How do you statistically, if 2 and that was your entire sample. And you were 3 at all, how does Nielsen statistically, if at 3 viewing a quarter hour, and it could be a
4 all, account for a margin of error within a 4 yes/no. And if that were the case where yau 5 certain level of confidence? 5 had two respondents, then it would be a yes or
THE WITNESS: We didn't produce 6 a no. You'd either have a aero, a 50 rating, that data for this particular report. 7 or 100 rating.
JUDGE STRICKLERl So, so — I'm But the actual viewing level or
sorry. Go ahead. 9 rating level that you would end up expecting P THE WITNESS: No, so I'm saying 10 under this type of scenario, you know, even that I don't have that data to be able to 11 traditional broadcast ratings might be about readily identify. 12 a one rating, which is about one pezcent of
JUDGE STRICI4LER: But Nielsen 13 the audience, so under that type cf scenario, produces that sort af infozmation as a matter 14 you would fully expect that, in fact, as you '15 of course is what you'e saying? 15 started adding sample, the bulk of the sample THE WITNESS? Yes, it is possible 76 would still be non-viewers. They would be no 17 to produce that sort of data, and we do it to having viewed that quarter hour. I mean, 18 frequently. What yau would expect, and this think about those nos as being your zeros 19 goes back to is that, for any given station on 19 because that's really what it is, a yes/no, no 20 any given quarter hour, you would expect high 20 is a sero. levels of relative error. It's the 21 And yau would have to add in 99 22 accumulation of infozmation that, in fact, 22 nos in order to, in fact, give the accurate
Page 303 Page 305 I ands up reducing those error levels because reflection of the one-percent viewing level 2 you have more different people, more that was there. That's the reason why it' )
,1 3 independent samples that are going together in 3 important to accumulate the sample. Low
4 ardez to generate that, and it's part of the 4 sample sixes with very small levels of 5 reason, again, that you would expect to see viewing, which, again, any given station for 6 the results in the fashion that we are. The 6 any given quarter houz on a distant cable 7 relative error on any given quarter hour for 7 basis will be very, very low. In order to any given station, again, would be very high. measure that, you need to build up the sample
MR. OLANIRRN: Is your Honor— and you fully expect to be including a lot of
10 JUDGE STRICTER: Thank you. 10 these non-viewing instances in order to
BY MR. OLRNIRAN: accurately average out across time, across
12 0 Rnd 1 wanted to follow up. Why 12 programs, and across viewing instances. 13 does the non-reported viewing occur, I don't know ii that helped, but particularly with respect to the data that you 14 it's that basic idea if you only do that one 15 provided to MPRR? 15 quarter hour and if you only had those two
A I think one way to think about 16 people, then the response that you get is, in 17 this, and it's not a dixect camparison but fact, not going to be accurate. It is only 18 it's an analogous, that each quarter hour, in 18 the accumulation of quarter hours in sample 19 many ways, is e sampling point. Rnd what 19 siss that allows the measures to be an 20 you'e doing is trying to increase your 20 accurate refl.ection. sampling points. If you were to think about 21 0 You'e made a lot of references to 22 it, though, in a reverse wey of saying suppose 22 quarter hours. What are quarter hours'? I
Neal R. Gross & Co., Inc. 202-234-4433 Page 306, Page 308 I
1 know it's somewhat elemental i&ut 'on. ~ Bui'. wha't I wanted to stress within this A Again& a guar& er I&our is the time 2 is that we weren't actually combining the 3 frame that's being measured within the diary. mete.red data and the diary data. The mixing
4 So within a cliary, it wil.l say, 8 to 8:15, of those twc pisces, if you 'rust added them up what did you do, you know,, I either didn' 5' together, would ~kind of compound a lot of, it
watch television or I wet& hed television and ~ would compound certain types of issues. And it waa this channel, this call letters, and this isn't s comment on Dr. Gray.'s analysis, this program name, so that we can identify 8 whish I think is a different thing, what it is that 's being vriewecl. But the idea of saying we do have
And so, in the same fashion, if ~ diaries~in metered marke'ts that we could you think about this yes/no for a particular utilize for purposes of .this analysis, so station, again, people are watchihg a lot of 12 we'e looking at diary data across the entire
other television that is, in fact, heir.g country, including metered markets where &re
recorded there. It's not a matter of they'e 14 , have diary sample that's also being collected
15 not viewing. We'e looking at: all their TTUDGE STRICIC.ER: So the diaz'y 16 viewing. We'e just not .finding very much le 'ata is'in metered markets and also outside of under those circumstances of some of tl:e metered markets?
18 distant cable broadcast s:ignals. 181 THF, wITNEss: That's correct. And
19 JIUDGE STRICKLI.R& Counsel, may I 19 that's what I wss trying to say. So it's not 20 interject again? The diary samples you do, 20 a case ef there are diary markets that are 21 those are diary samples that are sent to homes some portion of the country and netered
22 that are already metered; is that correct? 2 21 ~ markets~for some portion of the country. 'e,
Page 307 Page 309
THE WITNFSS: No, that's not. 1 in fact/ at ithiS poi'nt in time, did diaries
They'e .independent samples. There's a ~ across the entire country, which are included separate metered »measurement that goes on, here. both in terms of loca.i markets, some of the JUDGE STRICKLER: And metered metered markets, and on a national basis. The 'arkets'are,'hose meters run not just during
5'1 diaries are independent of that. the sweeps months but 12 nonths a year; .is
JUDGE STR:ICKLER& I was probably ithat cotrect!?
confused, and it's probably my fault. You say THE &?ITNESS: That's correct.
on page four of your direct statement in 2000 i T&venty-fourihours a day, 365 days a year. 10 to 2003 diary data was co.l.lected in Nielsen's 10 JUDGE STRICKLER: And are there metered markets, so you'e saying the diary 'more people'metered, if you will, than diary,. 12 data came out of the rheterred markets but not or housE. holds I should say? 13 out of the same household.; that had meters„ is 13 THE WITNESS; No. The diary is
14 that it? substantially larger in terms of the sample
15 THF, WITIIEss: I actually realized 15 sizes, You couldn't afford to have metered 16 as I was going throuqh thi.s and saying, what samples of t:he type of size, certainly at the
1 was trying to convey probably wasn' 17 point in tirhe that we'e. talking about in the
18 conveyeo very well there. And I'm actually 18 early 2000s. Sample size is the magnitude of glad that you raised ;it so that I can clarify. what you can do with a di.ary. That's why we
20 We do have a large nurhber of h&arkets that, in 20 took the approach with the diary simply
21 fact, axe metered. It was 50-plus, I believe, 2 ll i becauser again, in order to measure very low
22 at the time when these measurements were going 22 viewing levels, you neec& very large sample
Neal lk. Gross 8& Co., Inc. 202-234-4433 Page 310 Page 312 si.zes, which only the diary can provide. absence of the sample size to be able to do an There's really no other. good database of its analysis of this type adequately, the diary is kind to be able to measure viewing of these really a preferable approac'h. types of l.evels. JUDGE STRICKLER: Thank you.
JUDGE SVRICKLER: We have to go JUDGE FEDER. Now, if I understood
6 from the local diary information, we took .it your testimony correctly, each sweep includes from local .information to more national about 100, 000 homes' information through a regression analysis, but THR WITNESS: That's correct.
the meters, .l.f. I understand this correctly, Four independent samples of seven days each 10 while it's a sma.lier sample, the meters would .10 during a month. give you that overall information without JUDGE FEDER: Okay. Jlnd then so having to do a regression. It would just be 12 over the course of a year, we'e talking a rea.lly small sample. Is that the problem? '1 3 400,000 homes that aze sampled?
THR lJITNESS: Without commenting THR WITNESSJ That's cozrect. And '16 on the regression because I want to hear 15 some additional within March and October. specifically what that question is because I JUDGE FEDER: And then, as part of. 17 think it actual.ly sounded as if there was 17 this process, you then excluded all those 18 something — I think we'l have to clarify samples that are in local markets, as opposed 19 that at some point in terms of what the 19 to distant markets, and those samples that are 20 regression was being used in order to 20 non-cable households? estimate. Sut, I'm sorry, if you could just 21 THE WITNESS: yes, IJnd it' 22 clarify the tail end of that. 22 important to keep in mind, just to clarify,
Page 311 Page 313
JUDGE STRICKJ,FR: Well, let me ask zJhen we'e talking about it, that this is done it more generally. Would there have been a for each station. So each station is benefit to using the meters, as opposed to the specifically identified as to what should be diaries, notwithstanding the fact that the the local counties, so it's not a global type meters are a smaller sample? of definition. It's done going for thi.s
THF. WITNESS: I think that, if one station these are the counties that are local, were to ask most people within the television for this stati.on those are the counties that business, they would probably say that the are local.
meter, as a data collection method, is a JUDGE FEDER: So for any given '10 superior method to the diary. It's ?Jhy the 10 station, you'e obviously talking about much industry has shifted over time to that. fewer than 400,000 samples to start with. And 12 There's been extended metered markets, 12 then that number of samples .is declining as
13 etcetera. The diary does a very good job at 13 you exclude essenti.a.'lly non-compensable what it does, but the very fact that a meter categories in the households that don't have 15 can get very precise and 365 days a year is a cable? 16 huge plus, THE WITNESS; That's correct, 17 Hut the reality is is that, if you 17 JUDGE FEDER: So is there anywhere 10 were goi.ng to, again, try and measure under in the report that you produced that tells us these very small and finite circumstances, what the sample size is 1'or the various sample 20 that you need extremely large sample sizes in 20 stations thai are in this survey?
21 order to be able to do it and, at this point 21 THE lJITNESS. The answer to that
22 in time, .it wasn 't out there. So given the is, perhaps, slightly complicated because the
Neal R. Gross 8 Co., Inc. 202-234-4433 Page 314 : Page 316 1 way that you described it is true, but you wouldn't ultimately be the real key in terms 2 would still be thinking, for purposes of how of sort of judgiug those sample sizes,. 3 you woold examine the data, ss the sample size JUDGE FEDER: Is it possible that,
4 — there are really two factors, sorry, in for same of these stations, after you'pply 5 terms of producing anything on relative the filters, that there simply are no diary 6 errors, for example. One ls sample size, and Imeasurenlents'or'hose particular stations?
7 one is some form of correlation of viewing in 71 THE WITNESS: 'o.' tacan', the
8 terms of who's doing all this viewing2 Is it 81 'answer tb that is that the samplers sizes are 9 the same people or different ones? Is it kind large enough that it would be virtually 10 of unique? 10 impossible for any of those stations to not For a sample size purpose, the 11 have people who would be in a position of 12 actual sample size that you would be looking 12 heing able to view that could have reborded 13 at, despite the fact that you'e applying 13 that viewing. The fact that they didn't Js a 14 filters, is actually the 400,000 that's going 14'diffsren't isbue,'ut it's not a case where, 15'nto the base because part of that estimate is '5'for 'any 'of them,'hat peOple wouldn''ave had 16 all of the people that can't view or be 16 that ability. I mean, we measure all'able 17 included in that as a result of heing local. 'systems 'across the U.S. you couldn't have any 18 All of those people who, in fact, are non- 181 ~kind of ~relatively large distribution; of a 19 cable. They dou't came out of that base for 191 Isignsl What,~ in factJ would |lot h'ave the 'I 20 estimating the size of the viewing population 'capacity of being able te have scizebody who 20'2 1 21 of those distant cable folks. It all goes 'coul'd ha've v'iewed it. It's a case of they I 22 into genezating the percentages of everybody could have, but they didn't i'ndic'ate 'j.t within I
Page 315 Page 317 " wbo would have viewed ceztain viewing 1'the 'diary. entities. JUDGE FEDERr Thank you.
So the base really is truly DODGE BTRIOICER: 'ow umbel evezybody in the U.S. with that large a :stations: were metezed2 I mean, excuse me, how sample.. But you need that large because of many meters were out in public in, the:,United the filters to take it down. 6' 'Stet'es ib the period 2000 to 2003, if: you Once you get into that spot, it know'2
would be not an impossible analysis but s 8 THE WITNESS: I don'. knoW off the
difficult one because you would have to go 9: :top 'of my head.
10 into a secondary step that would say let' 10i i i i JUDGE STRICTER:, Not, even
now, instead of just looking for. viewing to a 11 ballpsrk2 12 gzven station during a gzven time period, what 12 THE WITNRSS: I elean, if I had to 13 we would have to do is start computing cable 13: :guesb, Izd put the number probably at that for. 14 in time as somewhere in s five to ten coverage to go what are the cable systems point oi'7 15 which each of these stations is then available '5 'thousand'ind of 'ange maybe.'t'xpanded 16 and how many homes do we have within those 16'reatly intel theimid,'2000s with the advent 17 stations that would be considered distant? 'the u&cai People: Heter and e:shift that we It's s step that we don't actually: 18: made: then in: terms of how we accumulated need to do to process the data ss we do it. 19: :households both localiy and nationallp. But 20 And, therefore, to estimate it would be kind 20 the sample sizes were substantially lower at oi', would be a separate full-custom study to 21 :the time.:of this analysis. 2? produce it. And, again, quite frankly, lt JUDGE STRICICRRR: Thank you zCI" I'2Neal R. Gross L Co., IrJc. 202-234-4433 Page 318 Page 320
CHIEF JODGE BARMETT: Just to ask 1 A That's correct.
you to say this for the third time, you 2 {} This is a national sample of distributed diaries to 100,000 .households each 3 households. And then there's a sample of of the four weeks— 4 station that you'e been asked to study by
THE WITNESS: Twenty-five thousand 5 MPAA, correct?
during each week of the four weeks, so it' 6 That is correct.
four independent samples of 25, 000, roughly 7 {} And when you'e going through your 25,000 each. 8 elimination process, that sample of stations
CHIEF JUDGE SARMETT: And they'e 9 does not shrink. It's the data, because of 10 not the same over those four weeks? 10 the elimination, the data that's contributing
THE WITNESS: That's correct. And 11 to your study that has been eliminated, not
12 then as you go through the sweeps, those ax'e 12 the number oi'amples, though, right? 13 also not the same. 13 A That is correct.
CHIEF JODGE SARMETT: Mot the same 14 0 And the national sample, the between Nay and July? 15 sample of households, diary households, that
THE WITNESH: That's correct. 16 doesn't change either. It's a question of
CHIEF JODGE BARNETT: Okay. Thank 17 whether or not there's reported or non- 18 you. 18 reported viewing within that samplef is that
THE WITNESS: And that's an 19 correct? 20 because were the same 20 A And, you know, technically, important thing if they j 21 homes then you'd run into situations of going 21 whether viewing by that household would be 22 is there, that's where you get into that idea 22 compensable or not so that you'e saying if it
Page 319 Page 321 "„; of'he number of unique people and whether wouldn't be, because it was local, then it is it's the same folks who were viewing or. not. really counting as a zero. If it wouldn't be The very fact that they'e independent samples because it was non-cable or for whatever means that the potential is there for reasons, it wouldn't be included and it would 4 somebody, 8:00 on Monday with this particular be indicated again as zero oi' station, that there would be no viewing. On {} Now, going back to the issue 4 the other hand, when you get into the non-xeported viewing, in your view, do the following week at 8:00 on Monday, there may instances of non-reported viewing, did they
very well be because you'e got an independent invalidate the results of your study?
10 sample now that could. And then the following 10 A No. They'e not only consistent, week there could be, which is, again, why you 11 but it is given — and I hate to keep going 12 want to accumulate over time to accumulate back to it but it is something to keep in mind I'gain. 13 those independent samples. The low levels of tuning at any given z BY NR. OIJ{MTRAM: 14 point in time, that it is a virtual 15 0 I just need to go back really statistical certainty that you would be having quickly to just one question. Judge Feder those types of zero calls. So it's not only 17 asked you, I think he was referring to what that {t invalidates or makes you feel that the 18 happens when you go through the process of 18 data set is bad, it is something that, in 19 elimination, and I think you said that the fact, you know, can and should be expected 20 sample goes down. And I just want to be sure 20 under the circumstances. 21 that we'e talking about the same thing. Tt's CHIEF JUDGE HARMETT: How much 22 the sample of the households, correct? 22 more do you have, Mr. 0}aniran?
Neal R. Gross & Co., Ir}c. 202-234-4433 Page 322 Page 324
MR. OLANIRAN: I have two more MR. OLANIRAN: Okay. Mo further questions. 2 questions, your Honor.
CHIEF JOOGE BARNETT: All right. 3l l l l CHIFF JUQGF. BARRETT: . Thank you.
Go ahead. 4 It 4s 4:36. We will be at recess until 9.00
5 BY MR. OIAMIRAN: 5 in t'e morning. Thank you all, and we will,
The other question I hsd was if 6~ ~I will w- Judge Feder has all'f his documents
you looked at station X on a particular day at 7'on ilia ilPad. IsR't he special? Judge a particular quarter hour and you looked at 8 Strickler schlepped all of his ovex'ere, and all of the households contributing to viewing 9'I sdhlepped taine'ver and left th'em in the
10 on that. station, and let's say they were all 10:: room. So I'l bring mind out tcmorroW. We'l zero, is there a way to tell whether or not 11 be all set with regard to paper, and we'l.i see those households are watching — actually, 1st 12'ycu'at 9:00 'in the merning. :Thank you
13 me question 13 (Whereupon, the foregoing'atter strike that but go back to the 15'6
same hypothetical. If you had station Z, a 14~ & was ~ concluded at~ 4:36 p.m. ) psxticular quarter hour on a particular day,
and let's say, for two households let'a say 16 you had non-reported viewing to that station 17l for that particular quarter hour, would you 19 need to know whether or not, can you tell from 19120'2 20 gust that information whether those two households were watching something else?
A No. 22
Page 323 9 Okay. And also, if I took station
X and I added up all of the instances of non- aero, of non-reported viewing, what could I infer from the tabulation of 5ust the zeros on that station?
A The important thing to .keep in mind with this type of question is if you
think about my analogy of saying each quarter hour is a sampling point, that it is, in fact, 10 important to include all of the sampli.ng points in whatever type of analysis you'e 12 choosing to do, whether, again, by time period 13 or program or station or however you'e adding it up, fundamentally, going through and picking sampling points based upon the data 16 piece that's in there is, in fact, fundamentally, a wrong thing to do and one that doesn't mean anything. You would expect ceils to have zeros, but to pick only those 20 cells that have zeros, .it is not the way to 21 look at it. It has to be accumulated and 22 added togethex in order to have the validity.
Neal R. Gross & Co., Inc. 202-234-4433 Page 364 COPYRIGHT ROYALTY BOARD THE LIBRARY OF CONGRESS
IN THE MATTER
OFOF'ISTRIBUTION 2000, :No. 2008-02 2002, 2003 CABLE ROYALTY FUNDS :CD 2000-03 :Phase II
Tuesday, June 4, 2013
Fourth Floor Hearing Room Madison Building Library of Congress 101 Independence Avenue, SE Washington, DC
The above-entitled matter came on for hearing, pursuant to notice, at 9:00 a.m.
BEFORE: THE HONORABLE SUZANNE M. BARNETT, Chief Judge THE HONORABLE JESSE FEDER THE HONORABLE DAVID STRICKLER
Nea( R. Gross & Co., Inc, 202-234-4433 Page 365 Page 367
APPEARANCES: TABLE OF CCNTBN1S
WITNESS DIRECT CROSS AEDIAECT RECROSS On Behalf of the Settling Devotional 'su1 I indstzom 419 )I Claimants: By Mr. Boydstrom 368 425 By Hp'«qgtonj CLIFFORD M. HARRINGTONI ESQ. j year MATTHEW J. MacLEANt ESQ.
VICTORIA LYNCYg KBQ. : Dr.j.Jeffrey Gray '433 of: Pillsbury Winthrop Shaw Pittman By Mr. Boydstrom 493 2300 N Btxeet, Northwest Washington, DC 20037-1122 EXHIBIT NO DESCRIPTION )4ARK RECD (202) 663-8525 IPG
ARNOLD LUTKKERx ESQ.
'394. of: Lutrker and Lutzker, 1,LP j 504 j Nijelssn Data
1233 20th Stxeet, Northwest 505 Nielsen Pile Format: : 625 Washington, DC 20036 '06'i'elean 00 , 626 (202) 408-7600
. 507. Regression Analysis . , 645 646 On Behalf of the Independent Producers Gzoup
BRIM D. BOYDSTONg ESQ. 364 Direct Testimony of 4 of: Pick & Boydston, LLP Dr. Jeffrey Gray 441 442 j 10786 LeConte Avenue 365 Rebuttal Testimony of Los Angeles, CA 90024 l (213) 624-1996 Dr Jeffrey Gray ; 441 442 Page 366 'age 368 P-R-0-C-B-E-D-I-N-G"8
2 :9:03 A.M
CHIRP JUDGE MjRNETT: Ne are back
On Behalf of the Motion Picture 4 ; on the Xecozd in;the matter of'be fon tbe Association of America: j distzibqtionj of cab1ei royalty funds 6 years 2000-2003, Phase II. had GREGORY O. OLANIRANg ESQ. 7 snd Nr. Olaniran, Pou
LUCY HOLMES PLOVNICK, ESQ. 8 completed your examination of youz clisht, of 9 youx witnessv
. . . NR. OLRNIRAN:; Yes, Your Honor KIMBERLY NGUYEN, ESQ. 10 CHIEF JUDGE BARRETT Okay,'hank of: Mitchell Silberberg 4 Knupp, LLP I) j j j you 1818 N Street, Northwest 12; 1$ .((r. j)oydston. Eighth Floor ..j BO1'DSION: Tha'nk you, Your Washington, DC 20036
15 . Honor. (202) 355-7917 16 CROSS ZXHMINATION
17 AY MA. BOYDSTON:
16 0 Good morning, Mr. I,indstroxj. M 80 PRESENT: A Good morning.
20 0 Ny name is Szian Boydston., I'm HAUL GALAS 21 the attorney for Independent Producers Group DENISE VERNON 22 You'e testified that you provided. NIelsen
Neal FL Gross 8 Co., Inc, 202-234-4433 Page 369 Page 371
diary data to the MPAA in connection with this Q Are you familiar with the proceeding, correct? September 2001 distribution order that came
A That is correct. out of those 1997 proceedings?
Q And that that information A I don't recall the details.
constituted diary information for the four Q Have you reviewed it at some time sweeps weeks during each of the relevant four. though? years, correct? I'm sure that I have, but I don'
A Including March and october in recall when I did though.
some instances aa well. Q Fair enough. Do you recall that
10 Q Understood, thank you. Now I just 10 in that decision on the '97 proceedings the want to confirm, I think you may have CARp referenced a high incidence of zero mentioned in your direct testimony, but I 12 viewing in the Nielsen diary data? 13 don't know if it quite made this clear. It 13 A Yes, I do.
seems an obvious point, but these ratings Q And do you recall that in the '97 15 data, they don't reflect actual viewing by the 15 proceedings it was found that the aggregate 16 population that they'e serving. They 16 zero viewing equaled 73 percent of all major 17 represent viewing based on discrete numbers of 17 broadcasts? 18 people within the population being s'urveyed, 18 I don't recall the details of it.
19 correct? 19 Q would that figure of 73 percent 20 If I understand the question 20 surprise you or does that seem out of'hack'? 21 correctly, it is a sample that is being A No, it's actually very much .in 22 measured rather than the full census 22 line that even with the people meter that
Page 370 Page 372 population. currently is the source of what's done for a
Q And so for instance, when there' 870 billion advertising business, that if you a diary entry for a particular program at a dive into it that there's approximately 65 particular time, one diary entry may be percent of the quarter hours would, in fact, extrapolated on to a number of additional be zero viewing for stations. Now obvicusly, households, correct? that's in direct relationship to the size of
A That is correct. the audience to those stations, some more,
Q Sometimes maybe it could be as some less. But that is not inconsistent with much as 10,000, maybe more, maybe less what's currently out there in the standard
10 households? audience measurement.
A Ten thousand would be high in Q You mentioned, in your answer 12 terms of those weights, but it possibly could 12 right now, you mentioned metered ratings, 13 go that high, It's probably more in the range 13 correct'!
of a thousand for the most part. A That is correct.
Q And I understand that you'e 15 Q And I assume you'e talking on a 16 appeared in these proceedings for quite some 16 national level in your previous comment?
17 time, decades? 17 Yes, I was.
18 That's correct. Q On a national level would one see
19 And you appeared on behalf of the '19 that sort of incidence of zero viewing for.
20 MPAA in the 1997 proceedi.ngs that took place 20 diaries as opposed to metered ratings? 21 in the rear 2001, correct? 21 A Again, it would be consistent 22 That is correct. 72 across meters and diaries. It would not be
Nea!R. Gross 8 Co., Inc, 202-234-4433 Page 373 Page 375 surprising to see those types of levels. And That s correct. again, in direct relationship to the size of 2.':Q::Okay.. Now isn't it true that the the station that's trying to be measured. And September 2001 ozder. on the !97 proceedings
we try and be very inclusive for all stations 4 directed the MPAA to. decrease the incidence of and therefore there are a lot with very small 5' sero viewing in its study if .it was going to viewing levels. use such Nielsen data in the future?
Q Fram your testimony yesterday, my A::I don't recall. recollection Ls that you were saying that the Q' Let me ask you to take a .".Look at
diary ratings or the ratings deri.ved from 9; what's been marked as Bxhibit I in the 10 diaries, there are many more diaries and much 10 document in front of you there which is the h mare diary data that Nielsen collects than 13: testimony of Raul Galas In rebuttal to the 12 metered data, correct? 12' direct statenent of MpAA-:represented.program
13 A There are more sample households 13 suppliers arid that'.:Exhibit: 7 tc the Galaz that are being measured. The extent of the testimony in rebuttal to the MPAA.
data that's being cmllected, because the meter 15i i i Ai iazhfbit 7?
16 is 365 days a year, is very extensive, so I 16 , , Q, ,Yes.: And you can go.past that 17 wouldn't phrase .it that way. But there are that just Says Exhibit ?. I'l izepresent certainly much larger sample sizes with the to ycu that this is a printout of one oi'he diazy. 21'ageNielsen data, raw data files that was provided 20 In tezms of number of households 20 to IPG in this matter. And if you cculd just
covered, my understanding from your testimony : look at:the:first page oz soc Does this look
22 was that the diaries are much greater than the i like, does She data chat?s represented here
Page 374 Page 376 f :;I meters? 1 look like Nielsen diary data to you?
That .is correct. 2 ' A'Yes,'t does'..
{} On what kind of a scale? And my understanding is these are A I don't know exactly what the 4: supposed to 'be r'eprehenting 16 weeks 'of metered sample was at the time, but I would television viewing, correct? estimate maybe 5,000 or '10,000 during that It it's 2003, I would — ,I would period oi'ime. Currently, right now, 7 assume, but I'm not completely sure. nationally, it's 25, 000. And the diary itself Okay, part of the reason foz my is about 25,000 per week within independent g 'nquiryiher6 is 'that,'in terms of' Nell, do
10 samples so that we'e measuring about 400,000 10 : you.'see: — it ':about th'e fourth'olumn over.
plus households a year, with the diary. I Tt'8 entitled zero viewing instances,'o, no
12 Q So at the time in question, 2002, 12 It'8 the next one, aggregate instances.
13 2003, your estimate, just refresh my 13 understanding is those figures recollection, your estimate at that time is 14'y'nder aggregate instances, the frrst:of which 15 that there must have been e couple hundred la 'Ls. 13,440, that:these ar'c thc number;of ]6 thousand diary households and what did you 16 quarter hour time periods measured in these '!7 say, 25, 000 meters? 17.: different entries. Jx that correct?
18 A No, it's 25,000 now. It might be 18 A That would be my interpretaticm.
19 5, 000 or 10, 000. I honestly don't recall. :Lg : : Q: :Now 'I'm 'goin'g Lo'ave to'do a
20 Q So there could be as much as a 40 20 little math here because I want to try and
21 to 1 ratio during this time period of diaries 21 figure out how many .quarter hours are in a
22 to meters or nraybe greater? 22 aweek. And ~- excuse me,i how many quarter-hour
Neal R. Gross & Co., Inc. 202-234-4433 Page 377 Page 379
1 time periods are in s 16-week sweeps sample. 1 would end up adding a considerable degree of
2 And my calculation is that there are 4 quarter 2 quarter hours to that. 4 3 hours in every hour, multiplied by 24 hours in 3 Q Right. It just semas from the
4 a day, multiplied by 7 days in a week, 4 mathematical standpoint there may be some time 5 multiplied by 16 weeks gives a product of 5 even in addition to those two months, would 6 10,752. And we can do it on our calculators. you agree? Because two months would be an 7 Does that sound right to you? additional 8 weeks, because 8 plus 16 would be
8 A The math as you were running 24. And as I say, the second entry represents
9 through, I didn't follow and multiply it out 9 32 weeks oi'uarter hour periods, so it seems i 10 to the 10,000. 10 that there must be some additional data coming I 11 Q Should we do that very quickly? into these beyond just the regular sweeps 12 Gould you mind doing that very quickly just to 12 weeks, 8'he additional two months of October 13 confirm that? I can give you a paper snd 13 and May. Do you know where that other time is 14 pencil oz do you have the ability to do it in 14 coming from? 15 your head? 15 MR. OUWIRAN: Your Honor, I'd r
So it was 4 quarter hours times 24 16 like to object to Mr. Boydston's line of 17 hours in a day times 7 days a week times 16 17 questioning.
18 weeks. 18 Mr. Boydston is actually implying that this i' 19 A Somewhere around 11,000 or so. 19 data that we'e looking at is in fact the raw
20 Q The figure I had was 10,752. Now 20 data that Nielsen provided to IPG. In fact, 21 as I look back at Exhibit 7, under ths 21 it is not. This is an analysis that was C 22 aggregate instances which is listing the 22 prepared, I suppose, by Mr. Galaz, or someone
Page 378 Page 380 i j 1 number of quarter hour time periods, what I 1 at IPG. For the purpose of this proceeding,
2 see ars numbers generally in excess of that, 2 Nielsen does not, i'or example, if you look at 3 some close to double that or in fact, exactly the last column, does not do zero viewing
4 douhle that such as the second entry at instances in its raw data. 5 21,504. Now it would appear to me that that This is not the data or the format 6 means that on that second entry of. NTBs that 6 in which you will find the Nielsen data. So- 7 appears on the first page of Exhibit 7 that
S that would mean that actually what was being MR. BOYDSTON: That contradicts
9 presented here in this raw data was more than 9 his testimony so far. His testimony was that 10 16 weeks of inforsmtion, more like 32 weeks. 10 these numbers for minutes were what I asked 11 Is that a reasonable conclusion? 11 him they are.
12 A The aggregate number of quarter MR. OIANIRAN: These are not the 13 hours, yes. 13 raw data that was produced to IPG. You can
Q And as I said if one looks down 14 direct the question to Mr. Dindstrcm to see 15 many of these, almost all of them seem to be 15 whether or not Nielsen calculates zero viewing
16 in excess of 10,752. My conclusion from that '16 instances. I'm pretty certain they don'. 17 was that while this data wss aimed st 17 MR. BOYDSTON: I haven't asked 18 providing 16 weeks of data, it actually 18 about that. 19 provides s bit more than that. Is that a 19 MR. OLANIRAN: You referred to 20 reasonable conclusion? 20 these as raw data in your line of questioning A It is including the additional 21 snd I just want to make sure we'e clear about 22 measurement periods of March and October which 22 that.
Neal R. Gross 8 Co., inc. 202-234-4433 Page 381 Page 383
CHIEF JUDGE BARNETT& The witness JUDGE sTRIcKLER& one of your has already accept:ed t:his and has answered 2 answers before, Mr. I,indstrom, was thht you questions about it:. You can crass exax!ine, 3 understood that there were other reasons why
Mr. Olaniran, 4 the aggregates would total more than the
BY MR, BOYDSTOW: 5 addi.tiona.l two months. Counsel didn't ask. you
Q Do you know where these adclitional 6 what those ot:her instances would be that would minute quarter hour periods co~ld have come 7 account .For that. .Can you tell us what those
fzom? As I said, you clarified an&i you had 9 other instances would be?
already testi:Fied that .in addition to the 16 THE WITNESS: There could be
10 sweeps, there's oftentimes time foz May and 10 situations lt.ke with GN. GN, there's actually October.. But it : eems like there'." even more 11 two separate feecls that are going on, one of 12 in some of these entries and I'm jr!st 12 which .is the local GN. The other is the
13 wondering if you have knowledge as to where .13 satelli.te feed of GN which has .in some cases the other minutes come from? 14 different prograrrrming. It's possible if A Again, I'm! not sure where all the 15'omebody'were loclking at tne data, they would
16 aggregates are being built up to, but there 16 aggregate up each signal individually for the 17 are many instances where that could encl up 17 'uazter houra and then put them together. 18 occurring. 'IUDGE STRICKLER& Sozt of a double
Q Okay, Have you pe.cformed an 19 'count on'he WGN numbers, is that what: you!'re 20 analysis yourself in order to determine! the 20 'saying? existence of: e'lo viewing in tile rats Nielsen 21 THE RITNEss: Potentially that' 22 data? 22 one way of thinking about it, but again, I'm
Page 382 Page 384
A I personally have not. 1 .not sure what are the occurrences in terms of
Q Has someone at Nielsen done that ? how this is t!uilt up. What I had been as far as you know? 3 answering origina.lly was going thl!s looks to
A Not that I know of,. 4 .'be consistent with the type ol data that w'oui,d'
Q Do you know of anyone else «ho has come out from what we were producing, but 'I'm ' done that? not sure where the 21,000 directly were coming A Not: in ter&as of specifically 7 .From, '2 looking at that aspect that I recall. S JUDGE STRICKLER: And you said as'0
Q My follow-!cp questl.ons were 9 there were instances that you could imagin'e
10 because to why it: would be that yau have t:he aggregate
— and I asked! you and you saicl "I personally 11 totalling more than the additional t«o months
12 haven'" which implied to rrre that maybe you and you just gave the WGN example. Any other 13 knew that someone else had,. That was all. 13 &nstances or is that ell that you can recall: But you don't kno!r of anyone else that has 14 » » THE wITNEss; That would be the 15 done that? 15 one t:hat -- that type of situation would be 16 I can only answer for. myself in 16 t.he one that would be most like.ly to come Ito
17 this case. 17 !nine.
18 Okay. Is JUDGE STRICKLER! Anyt:hing else?
JUDGF, STRI&IKLEE&; Excuse me, THE WITNEss: Not that I can think
20 counsel. I didn't mean to step on your words. 20 ! hffhand. !
May I ask him a question to follorr up? 21 JUDGF. STRTCKLI3R: Thank yau.
72 MR. ROYDSTON& Absolutely. 22 Please proceed.
Neal R,. Gvoss 5 Co., Ivt!c, 202-234-4433 Page 385 Page 387
1 MR. BOYDSTCN: Thank you. 1 instances, we could ba looking for viewing
2 BY MR. BOYDSTON: 2 that are at levels of a 1,000 during any given
3 Q Have you reviewed the rebuttal 3 quarter hour. It takes a lot in order to find
4 testimony of Raul Galas in this matter? 4 those which is why you need substantial sample
5 A Very briefly. 5 sizes, but any given quarter hour only has
6 Q Have you reviewed the rebuttal 6 25,000 as the base sample. That's why in 7 testimony of Dr. Laura Robinson in this order to analyze that data, it really ie
8 matter? imperative to aggregate is across time. Zero
A No, I haven'. viewing is the specific quarter hours for
10 Q Based upon your review of Mr. 10 which the sample sizes would be relatively low 11 Galaz'ebuttal testimony, do you have any 11 comparatively. And it really is necessary to 'l2 disagreement that for this time period, 2000, 12 aggregate across.
13 2003 the Nielsen diary data aggregate zero 13 Q And the difficulty in doing that 14 viewing was between 78 percent and 8? percent 14 results in the incidence of zero viewing that 15 depending upon the year? 15 we see, correct?
16 A I have no reason to disbelieve A Because individual quarter hours 17 that. 17 will be going against approximately a 25,000
Q Do ycu have any reason to disagree 18 sample size.
19 that the range of zero viewing for stations in 19 Q Right, if it was a 25 million
20 the MPAA viewer study was between less than 1 20 sample size, that would probably be a 21 percent and 99.9 percent zero viewing 21 different story, correct? 22 instances? A Well, if it were two weeks, then
Page 386 Page 388 i
1 A I have no reason to believe that 1 it would be 50,000; in 3 weeks, J5,000 and up i 2 would not be the case. 2 to the 400,000 plus, .it's just the individual
3 Q Thank you. Now is it accurate 3 quarter hours to look for zero viewing is i,
4 that some of the station data that was 4 again not the purposes for which the study was
5 provided by Ni.elean to the MPAA included 5 designed or terribly surprising when focusing 6 stations that showed 100 percent zero viewing 6 on that micro level.
7 for the selected stations? 7 Q And that's the issue is that when
8 A I could not say one way or another focusing on that micro level, this particular 9 for sure on that. study has its limitations, correct?
g 10 Q Meaning you don't have any 10 A If one were trying to decide on recollection as to whether that occurred? the audience for an individual quarter hour on 12 R I do not have a recollection as to 12 a low-rated station, there would be high 13 that specific. 13 relative errors.
Q Have you seen that instance before Q Correct, which makes it kind of a 15 in Nielsen data? 15 tough yardstick to use for this, doesn't it?
A I haven't looked for that A No. Because the whole purpose is specifically. It would not be, again, 17 to aggregate programs across time. To 18 inconsistent if it were a station with very, 18 aggregate across days on stmip programming, to very low viewing ievels, again, keeping in 19 go across weeks and as those accumulate, 20 mind that the base population that we'e 20 you'e accumulating sample sizes which is the 21 looking is somewhere in the neighborhood of 21 way you eliminate a zero viewing issue. It' 22 100 million households. In many of these 22 the wsy that it works even in the example of
Neal R. Gross B Co., Inc. 202-234-4433 Page 389 Page 39j. the people meter that I discussed of going you will find viewing in subsequent airings.
2 becozres an acceptable measure because, in 2 And we'e not producing the data specifically fact, you agcrregate across time 3 in the type of analysis that you'e speaking
Q blow the figures I mentioned a to other than the end product as I understand 5 minute ago, in the '97 proceedingsr there were it is ultimately an aggregation.by program 73 percent zero viewing in the raw Nielsen 6 'cross time'which is where you do end up sort Il data and of t.hese proceed:ings on these years 7 of adding in the subsequent viewing. And you
it's between 78 and 82. 13ased on those simple 8 would not have anywhere near 80 percent of the
numbers, .it seems clear that rln ttiis study for 9 ~ programs wil.h no viewing'. IE 10 these years, the incidence of zero viewing is JUDGE STRICKIERY Yes, so when we
certainly higher, isn't .iq? I mean it's 82 .11 see 80 percent zero viewing, we'e not saying
12 percent versuis 73 percent on the Yrigh end, 17 — let me aek .it this way, is that statistic IE 13 correct? 13 showing that a particular show, a low-rated
A But at the same time 1 think it' show, we'l call it Watc'hing Paint Dry, a low- 15 imoerative to go. It's not 80 percent of the 15 'ated show. It's not zero every time, every IE 16 programs, in fact, have zero viewing. And so 16 quarter hour.
17 that all that that might tell you in terms of THE WITNESSY No.
18 a decline or an increase rather and the degree 18 ' 'JUDGE STRICKLERY These 80 percent IE 19 of zero viewing would suggest that; there is I 9 'eros could be rratching paint: Dry, Watching 20 probably more fragmenlation in the marketplace Grass Grow, twO different shows. that would cause distant signals to perhaps THE WITNESSY Right. And if it Il 22 have slightly less viewin&7. That is really 22 turned out that it wes on five days a week and
Pacte 390 Page 392
the main conclusion that you can clraw from ~ thrre days nobody watched it, not nobody that type of data set, watched it, hut no viewing was recorded and in
JUDGE STRICKLFR: I have a ~ the~ foufth and f~ifth day there was viewing question for you about the zero viewing that was recorded, it would stil'7 show under 5 quarter hour segments, You said as the sample that scenario 65 percent zero viewing. But gets larger, you tend to correct for that. the accumulated viewing acroes tl'ie five days Does Nielsen know whether or not the quarter would be a fairly accurate or a reasonably hours for the survey for one week which is a accr&rate reflection. And as you went across zero, whether or not the zero repeats for that weeks sc that you have independent samples 10 same quarter hour for that: same low-rated show adding i:o it',, it will be a better and hetter II
in the next surve,'y and then survey and the i number the more weeks and sweeps that are 12 next survey or are these zero all across the 12 being combined.
13 low-rated shows and you don't figure out rvhich BY MR. BOYDSTOiVr II is which? 0 Now isn't it true there are 15 THE SITNESS: No, well, we don' 15 instances of zero viewing and not just for take tha step in the analysis. That's done '1 6 quote unquote small shows or small stations, II further down the .line.. But that's sort of the hut even big stations as vrell, is it not true
way that this works is the idea that you may 18 that for instance WGN by far and away the have a zero in Week '1, bul when you go to that 19 .largest station that's distantly retransrrritted II
r0 time period in that program ir.» Week 2 and 20 has what i .would call anyway a high incidence
2.1 you'e adding them in together that you are 21 of zero vierving in excess of 50 percent. 22 going to have a much great er likelihood that 27 Isn't ttrat true?
Neal R, Gross 8, Go., inc. 202-234-4433 Page 393 Page 395:
1 A I don't know the specifics for GN 1 you can clarify so I understand the questions 2 and there are two reasons why that could 2 and the answers here. That final column, 3 happen. But first off, keep in mind as we'e 3 percentage of. programs with aggregate zero
4 tried to stress broadcast stations at this 4 viewing, does that mean as far as you'e 5 point in time would almost be happy with one 5 representing percentage of programs with any 6 and two rating levels. You'e dealing with 6 aggregate zero viewi.ng or total aggregate zero 7 small percentages and for cable viewing you'e 7 viewing'? 8 dealing with tenths af a percent as your 8 MR. BOYDSTON: Any. 9 typical rating level. Bo that even well JUDGE STRICKI.FR i Thank you. 10 distributed, well viewed networks are likely MR. BOYDSTON: Total is a stozy
11 in the grand scheme of things to have 11 for another day. 12 relatively low viewing levels at any given 12 JUDGE STRICKLER: Fair enough.
13 point in time. 13 BY MR. BOYDSTON:
Q Isn't it true, you mentioned Q I.et me ask you to turn to Exhi'bit 15 earlier you said well, it's not like we have 15 8 in the document you have there in front of 16 80 percent of programs with zero vi ewing, do you. I'm sorry, Your Honors, it's just the 17 you have an estimate as to what the percentage 17 next exhibit in that same document we were 18 of programs are out there that have zero 18 looking at.
19 viewing instances? CHIEF fmDGE BARNETT: Exhibit 8 to
20 A No, I do not. 20 the Gala?. rebuttal testimony to MPAA?
21 MR. BOYDSTON: Your Honor, I'd 21 MR. BOYDSTON: And actually, 22 like to mark Exhibit 504. It's a one-page 22 belatedly, I'd like to move admit Exhibit 7.
Page 394 Page 396 '," f 1 document. They ars sticking together. 1 MR. OLANIRAN: Objection, Your
(Whereupon, the above-referred to Honor, on the same basis that I made before. z 4 z 504 document was marked as Exhibit Mr. Lindstrom cannot authenticate this ') for identification.) document and whi)e be answered questions about:i
BY MR. BOYDSTON: it, I think his answers were more in a general 9 f 6 g Now this is a document which I'e form, not specific to the document.
? only marked at the moment. It hasn't been MR. BOYDSTQN: The witness 8 admitted and I haven't moved for it to be acknowledged that this appeared to be 9 admitted just yet. I'l represent to you this information that did come straight from the 10 is a document that has been generated by IPG 10 Nielsen raw data. That's the purpose for based upon analysis of the raw Nielsen diary which it's being admitted. 12 data and it reflects here that for the Year 1'? MR. OLANIRAW: Your Honor, this 13 2000 out of 8,173 unique programs we have '13 information did not — it may have coma fram incidents of aggregate zero viewing of 42.65 14 the Nielsen data, but this is not information
15 percent. Do you have any reason to believe 15 Nielsen prepared. The only information 16 that that would be inaccurate? 16 Nielsen provided with respect to the diary is
17 A I have no reason to believe it is 17 the raw date. This is not the raw data. accurate either. And that's not question it. '18 Nielsen does not calculate zero viewing 19 It 's just simply I don't have the hase 19 instances and Mr. Lindstrom's testimony has 20 information to be able to say. 20 been very consistent with that. g Okay. 21 I think you can attempt to put
22 JUDGE STRICKLER: Counsel, just so ?2 this in with the witness that sponsored this,
Neal R. Gross & Co., Inc. 202-234-4433 Page 397 Page 399 but I'm quite sure that Mr. Nielsen did not 1' infcrmation'froai the'aw: Nielsen',data'? 'prepare this document. A' recognise that it contains data CHIEF JUDGE BARNETT: The that wohldn't have been there as 'welll given
ob5ection is sustained. Exhibit 7 to the 4 I some oflmy perhaps specuiatian on the last
rebuttal testimony is re5ected. 5 'ne,' think I n'eed 'to avoid.'this one. We
NR. BOYDSTON: Not admitted. 6 didn't do data that was connected with the
CHIEF JUDGE BARNETT:. Not 7 application 'of t'e p'rogrms nhmes,
admitted. 8 Q Okay, are you referring tu field (Laughter.) 9 three there'2
10 MR. BOYDSTON: Thank you. 10 A Yes, which seems to be a key
CHIEF JUDGE BARNETT. I know 11 camponent of the data set. 12 you'l make another stab at it, Nr. Boydston. IH ' O':Is i'here'nything elec id this 13 MR. BOYDSTON: I appreciate that. 13 that you would add to that field thre'e in your 14 Thank you. 14 answer? 15 MR. HARRINGTON: 'Your Honor, if I 15 A I am not sure whit the rest'of the 16 could be heard for a second2
17 CHIEF JUDGE BARNETT: You may. 17 fact, the program name data we did not get I 18 MR. HARRINGTON: I note we didn'
state a position on this, but the i'act is 19 ~ ~ Q~ 'okay, the field ht tlie far right,
20 we'e never received this document. We 20 'o you have 'a recognition of'what that is, I 21 haven't received any of the proposed exhibits 21' based upon what "the raw Nielsen data Es2 22 that IPG has exchanged regarding MPAA. And if 22 A ''m not sure offhand. 1 could Page 398 Page 400,",
we'e going to have a meaningful involvement, 1 speculate.
we would like to be provided with a copy of 2 ' What's your speculation?: 4 d the exhibits that are going to be proposed for 3 A Actually, I'm not completely sure,
entry in this case. 4' ' 'CHIEF JUDGE BARNSTT:: We'le not
MR. BOYDSTON: Your Honor, this is 5 going to ask witnesses to speculate
not the case against SDC. I'm not talking to MR. BOYDSTON: He said I could
7 an SDC witness. i speculate. That's why I followed up
CHIEF JUDGE BARNETT: Mr. CHIEF JUDGE BARNETT: 'ou1d, but Boydston, I thought we had made it clear that 9 he's not allowed to. all documents were to be provided to all 10'R. SOYDSYON: Fair enough. parties and so to the extent that you have not 11 BY NR. BOYDSTON:
12 provided MPAA to Mr. Harrington or SDC 12 Q Let me ask you to look back nt 13 documents to Nr. Olaniran, you need to do 13 Exhibit 7 and do you see stations. on the left that. 14 hand side of that document that based upon
15 NR. BOYDSTON: All right. I mean 15 your experience you would bel'ieve'ere the only reason we haven't is as I said— 16 prabably independent stations as opposed to
17 CHIEF JUDGE BARNETT: t understand 17 network stations?
18 your point, but you need to understand ours. 18 A Yes. 19 NR. BOYDSTCN: Okay. 19 Q And do you see th'at those'0m
20 BY MR. SOYDSTOW: rlndependent Ntstlons'and'I realise that this
21 Q with regard to Exhibit 8, do you 71::is Something. that did not came from N!elean, 27 recognire this exhibit as containing 22 but they show an incidence of aero viewing on
I Meal R. Gross & Co., Inc. 202-234-4433 Page 401 Page 403 the far right hano corner, at least as 1 g I don't know if it's in front of
represented in this document? ? you there or not, but I think T can ask a
A Yes 3 question and you can answer it without it in
Q Do you have any reason to believe 4 front of you. If not, let me know. What I'm 5 that there would be a difference between zero 5 referring to is your statement that you talked
viewing of an independent station and a 6 about yesterday and you provided several network station? 7 changes in your statement, as of yesterday, do
A There could be dif'ferences, 8 'ou recall that?
depending on how this was calculated. A I do.
10 Q Just based upon what you see hare, 10 Q And particularly on page six. of do you see that or do you believe that your testimony, y'ou changed the references a network-affiliated stations have a higher 12 coup) e of times from the MPAA analysis, or. 13 incidence of zero viewing than network 13 excuse me, the Nielsen custom analysis to Dr stations? Gray's custom analysis. Do you recall that?
T'm not familiar with all the 15 A Yes I do.
16 stations. I couldn't divvy them up in my 16 Q When you refer to Dz. Gra'y's mind. 17 custom analysis, what exactly is .it you'e
18 Q Okay, let me ask the question just 18 referring to? 19 a little different way. Tn general, is it 19 I'm referring to an analysis 20 your. belief that network-affiliated stations 20 that's downstream from the work that Nielsen
would have a different., fundamentally 21 did. We produced quarter hours, estimates of 22 different zero viewing incidents than netwozk 22 quarter hours of viewing for distant cable
Page 402 Page 404 stations? households among individual stations on a
A The main reason why there would be quarter hour basis. And down the line from a dif'ference depending on how the calculations that point in time, program names were affixed were done or whether or not the quarter. hours to it and the analysis was completed. 5 with compensable programming were handled 5 And so it was a case of saying in before the analysis was done or not, so that this case the analysis piece would have been the network feeds woul.d have been potentially further down the line from the work that we stricken which woul.d end up with a zero were producing.
viewing cel.l. " g So if you couId be more specific, 10 Ire didn't do the program names 10 what was the work that Dr. Gray did that you associated with that so those instances are encompassing in your phrase, "Dr. Gray's
12 should, in fact, come up with zeroes. I don' 12 analysis" ? 13 know whether they were within this analysis. 13 MR. OTJtNIRAN: Objection, Your The second thing is is that, and Honor. I thinl'. Mr. Lindstrom is not qualified 15 it's a very broad type of statement and so it 15 to testify what Dr. Gray did. Tf he wants to is going to vary piece by piece within this is 16 I:now what Dr. Gray did he can ask him. that network programs wiil often have higher 17 MR. BOYDSTON: He's changed his ratings which, in fact, may or may not lead to analysis to say that what he's talking about 19 differences in the zero viewing cells, but 19 is Dr. Gray's analysis which certainly implies
' ' 20 it difficult to say. T don think there' 20 that he knows something about Dr. Gray's -- you cou)d necessarily make too general a 21 analysis, otherwise tuhy troulo he say it? 27 statement on that. 22 CHIEF JUDGE BARNFTT. I'l allow
Neal R. Gross 8 Co., Inc, 202-234-4433 Page 405 Page 407 the question. He used the terminology in his further down,stream from the work that we &»ere testimony. do.ir,g.
THE WITNESS: The piece that the Q And how do you know that'? adjustment had bean made for was the notation A Because we di.dn't do it.
regarding two aspects of aero vie&»ing, one of Q Well„how do you know it was done which was taking out, in fact, the broadcast in the first place ttren?
network; viewing quarter hours that would not A It i: my understanding that it' have been compensable, Ne are producing done. I couldn'0 sit and tell you the details viewing data for all stations for,all quart:er of how I know thrrt.
10 hours without tying to program name, so that 10 Q Well, you say that you know i.t, st'ep within the process to take out something must have made you know it?
12 noncompensable quarterc hours would have been A I would say that — I may have
1.3 done further on and would have bee'n part oi 13 overstepped my statement in too strong a r»ay. 14 included within Dr. Gzay's analysi,s. And the 14 And in fact, I would requalify that as saying 15 same with GN, r»here comparisons were necessary I, in fact, have — I have nc positive 16 in order to determine which quarter. hours confirmation to aay cme way or another that it 17 should be included or not having to do with was done I only can speak to the data set
the comparison of the national satellite feed that we provrided whi&rh is again, the estimates 19 versus the. local .t'eed and where there are of the audience on a distant cable basis on a
20 differences. 20 station by station.
21 B'Y MR. BOTDSTON: Q I'm sorry, I beg your pardon. The
22 Q So are you saying that after 22 data set you producecl did include
Page 406 Page 408
1 Nielsen provided the raw data to Dr. Gray 1 noncompensable programming, correct7 2 which included things like noncompensatrle A It would because we wouldn't have programming, network programming, if you will, 3'gone'hrough'o identify'the program level
that after that, Dr. Gray removed that 4 data. It has to be done once the program noncompensable prograurming frorrr the dat.a set 5 schedules are affixed.
you received from Nielsen and 'Chen did Q And noncompensable programming something with it? 7 includes, for instance, network programming,
A We provided our data to the MPAA 8 correct?
&»hich was then gone on to Dr„ Gray, but it is, 9 A:('m probably best not corrmrenting 10 in fact, my under tancli.ng that that: was done 10 'n that becar'rse t didn't get involved with in between Nielsen's work 'on the et timates of 11 that aspect of it.
12 the audience and I)r. Gray's final analysis. 12 Q Well, are you aware as to vrhether 13 And how do know that' 13
Q you 'r nbt nbtwork programming is compensable in A It: is my understanding that that 14 these matter.'?
15 Is part of Dr. Gray's analysis, 15 A I am aware, but not to the extent 16 Q what's the basis for that 16 of being able to answer cn details on it. To'ertain understanding". 17 extent, you could almost qo into a
16 A I cannot speak with full expertise apeculati.on &&rode, It. docsn't affect what we
on the details of Dr. Gray's analy cis, so-- produced and as I said, I may have made al
20 Q Nell, do you know .i.f it, was Dr. 20 ,stronger statement before than perhaps I
21 Gray who did t:hat or some other person? 21 should have.
22 A I only know that it: was done 22 Q Now you said yesterday in your
Neal R. Gross & Co,, inc, 202-234-4433 Page 409 Page 411, testimony that zero viewinq is a misnomer in translates to no value in these proceedings? the sense that when Nielsen data shows zero MR. OLANIRAN: Objection, Your viewing Nielsen isn't really saying no one is Honor. Mr. Lindstrom is not testifying what watching, correct? MPAA's distribution methodol.ogy or what MPAA's
A Other than for. analysis purposes methodology is in this proceeding. He' where we'e putting numeric fields in, Nielsen testifying to what Nielsen produced to MPAA. doesn't show zero viewing, CHIEF JUDGE BARNFTT. Sustained.
Q But I think your point was and And let's keep our objections to the statement forg&ve me if I'm wrong, but your words of the legal basis for the objection, please, 10 yesterday I believe were just because you have 10 not a narrative. Objection sustained.
something that shows no viewing under the BY MR. BOYDSTON&
Nielsen data, doesn't mean that no one is Q Do you have an undexstanding of
13 actually watching at that time, correct? It how the MPAA study accords shares of'hese just means that the Nielsen method did not royalty pools to individual program suppliers?
15 pick that up? 15 A To the extent that my knowledge
16 A That the levels would likely have 16 goes and it is again and a step further 17 been too small to have found reported viewing. downstream than what we do, but .it examines
18 Yes. .18 program&s and examines programs across time and
Q And again, this may be asking you 19 across stations in a very aggravated a&ay. 20 to be overstepping your bounds and if, not, I'm 20 And under that scenario, instances 2'1 sure you'l avoid that. Isn't it the case with multiple stations and multiple time
22 that MPAA study accords no value to programs 22 periods coming up with zero viewing are going
Page 410 Page 412
1 that have a zero viewing incidence? to be certainly the exception to that rule.
A That's not true. It's why again you have to keep aggregating
Q And why is that not true? and a zero for a given quarter hour, as we A Once again, it's important to keep keep going back to it, zero viewing for a .in mi.nd sampling in the way that it works so 5 given quarter hour doesn't mean anything. It 6 that during any individual quarter hour you is only in that aggregation. And to the best
7 may or m&ay not find vieu&ing in the same way of my knowledge of what the MPAA does, I think 8 that for any given respondent it might be a it's a fai.r representation of the relative
9 yes or a no in terms of have they viewed. You amount of viewing going to those programmings 10 would expect that to occur. But it's only 10 across times and station.
Nl once you only add up all of the aggravated Q Do you think it's a fair and 12 viewing that, in fact, your estimate is relative representation if the MFAA 13 accurate. 13 methodology accords no compensation whatsoever
And so it's a situation that it for a program that, in fact, does have 15 really is necessary to add up the viewing viewership?
16 across time. 16 MR. 017&NTRAN& Objection,
17 Q Yes, but to the extent that the relevance, Your Honor.
18 MPAA study accords no royalty rights or no CHIEF JUDGE BARNETT: Sustained. right to actua.lly get paid royalties out of 19 THE WITNESS: Can you rephrase 20 this proceeding to a program that shows up 20 that?
with a zero viewing on the Nielsen data, is .it 21 CHIEF JUDGE BARNETT&.You don' 22 not true that zero viewing in the Nielsen data 22 have to answer.
Neal R. Gross & Co„ Inc. 202-234-4433 Pacfe 413 Page 415 THE fi~ITNESS. I'm sorry, I thought size. It's whether there's a correlation of
you were saying go ahead icfith it. viewing between events. And so t: he net result
CHIEF JUDGE BARNETT: I used to i.s each prcgram will have different confuse those two all the time myself. correlation! or each aggregati.on will have fLaughter.) different correlations and diffezent sample
BY MR. BOYDSTON: sizes, causing it to again be very difficult.
Q ifould you as an expert: normally BY NiR. BOYDSTCN:
provide relat:ive erzor rates as part of your Q You'e testified a number of times report? .in these proceedings. I understand going back 10 A lt's actually a difficult question 10 a s.ignificant amount of time.
to answer. 1't's something that will often be MR. HARRINGTON: Asked and
'12 provided i.f i.t's asked .for .in terms of :12 answered, Your H'onor.
syndicated data. It's frequently done. In 13 MR. BOYDSTON: There's a little situations like this one, relative errors are more to it.
15 exceedingly complicated becau: e effectively BY MiR. BOYDSTON:
every single program depending on how it' 16 Q Have you ever testified on behalf 17 aggregated will have different relative of,Sett:Ling Devotional Claimants": errors. I don't know whether it pays to go 18 A I actually don't recall. I'e
19 into-the rea,ons for that or whether you can '0 done so many of these. I don't remember as 20 accept that a.s what the s:ituation is, but as people have gone in and out of these a result, trying to calculate out relative 21 sitiuations. I'm also a little bit unclear on 22 errors on a study like th:is that ivill exactly what: the question is asking.
Page 414 Page 416;: subsequently be aggregated at a later poinl is O'Sorry abuut that. What I wus exceedingly difficult and cumbersome. If we ask:ing .is have you ever testified in these
had a set of numbers iLhat ice clid, we could ~ proCeedings or proceedings before the CARP or
produce it, something along these lines, very ~ before its Predecessor the CRT on behalf of 5 hard. And they will differ all over the pLace 'ettling Deuotio'nal Claimants prior to now? and need separate calculati.ons for each. A Again, I can't remember off. the
JUDGE STRICTER: Fxcuse me, 7 top of my head whether I have specificalfy counsel. Can you def:ine that term fonnally, done it. I have certainly been cross examinect relative errors? by the devotionals. I know that.
10 THE WITNESS: Relative error would 10 (Laughter.)
be the relationship of the standard error to Q Have you testified on behalf of
the number that's being measured. So if we 12' 'anyCne Lither'ha'n thb MPAA is) these
13 produced a 10 rat'ing, for. example, and it had 31 ~pzoeeedingsg a standard error uf 2.5 pcdnts, it would be a A Again, I don't recall. I have
15 25 percent relative error . And so it f,s n 15 done work for other claifnants. I do not
16 gauge oi how tight the fit will be. IL's kind ~ rec811 vfhetffer I'as'peCifioa'lly called for
of a direct reflection of standard error. l thoSe sffudiefs infdependent of the work that 18 The reason why it differs is that 18 I'e done with the MPAA. But we are 19 one of the key conponents in calculatina L'undamentslly Nielsen .is a fence-sitter, a0 either standard error or relative error over 20 althaugh Immi teStify'ing fOr the MPAA. I'm time is how much is coming from unique herC tO teStify about what we did and we can 22 individua.ls. So .it's not just the sample 22 and have done work for other claimant parties.
Neal R. Gross & Co., Inc, 202-234-4433 Page 417 Page 419
Q Nothing further. A I would tend not to do linear
CHIFF JUDGF, BARNETT'. Mr. 2 relationships in terms of television viewing
Harrington? 3 overall.
MR. HARRINGTON: Yes, Your Honor, Q Thank you very much. That's all I just one or two questions. 5 have.
CROSS EXAMINATION CHIEF JUDGE BARNFTT: Mr.
BY MR. HARRINGTON.' 7 Olaniran?
Mr. Lindstrom, in your experience REDIRECT EXAMINATlON reviewing viewing data, have you found that BY MR. OLANltduit:
10 viewing is constant across a 24-hour day or 10 Q Good morning, Mr. Lindstrom. Greg does it change from quarter hour to quarter 1'1 Olaniran for 18PAA. I just have a couple of hour? let's assume national aggregate 12 very quick questions. 13 numbers. 13 Just so we 'e clear, thi.s zero
A Change in which way, if you could IS viewing idea we'e talking about, when you'e just— 15 looking at a particular station on a
Q So do the same number. of people 16 particular date at a particular ouarter hour watch television generally, all programs at 17 and the specific households that are viewing 18 say six in the morning or si» in the 18 that station, is that your understanding of
19 afternoon? '19'hat the zero viewing instances are?
20 A No, it changes throughout the 20 A They'e instances of particular. course of the day. 21 stations, particular households, particular — 22 Q It doss. And are how would you 22 days and particular quarter hours, yes.
Page 418 Page 420
-- would you say that viewing during the hours Q And you spoke--
of say 2 a.m, or 6 a.m. are relati.vely low as A And if I could add on, and compared to other hours during the day? particular weeks.
A They tend to be relatively low, Q Okay. 5 yes. A So that it's not an instance of
Q And based upon your experience in Monday at 8 across all weeks. It's Monday at
doing this for many years, am I correct that 8 on February 2nd.
starting at the hour of 2 a.m. viewing is Q Thank you. You spoke in terms of quite low and then at some point say at about fragmentation as probably accounting for the
10 5 o'lock it builds up again and that the 10 difference between say the incidence of zero lowest viewing level would be what, 2:30, 3:00 viewing in some prior years versus say when
12 o'lock in the morning? 12 you compare those prior years to say the
A It tends to be in that type of 13 period from 2002 to 2003. Hhat do you mean by neighborhood, but I couldn't gi.ve you the fragmentation .in the marketplace? Are you 15 specifics. talking in terms of programming?
16 Q Okay, so if somecne took the 16 A It was mainly meant to be a viewing levels nationally at 1:30 a.m. and 17 reflection of saying that television usage .for 18 drew a linear interpolation and reduced it individual stations has declined over time and each auarter hour until, or half hour, until 19 has declined considerably for individua.l 20 6:30 a.m., so that the lowest viewing level 20 viewihg sources. And part of the reason for
21 are at 6 a.m., would that be a fair way to do 21 that HUT levels are tending to be about the that? 22 same meaning the number of people using
Neal R. Gross 8 Co., inc. 202-234-4433 Page 421 Page 423 j television is about the same, but the 1 declines in traditional television usage
individual stations have gone down. And the ! But 'hode are not — they'e most. likely scenario for that .is.simply there 3 reflected in the numbers that we'e producingl,
are more stations, Cable syst:erne have more { but they'e not included them if that makes
5 channels. There are more channels that are 9 ! sense. available. And so the viewincl is getting CHIEF JUDGE BARNETT: Okay. djvided up to a greater extent:. And so a THE WITNESS; They wculd impa!ct,
situation with more zero cells as one piece of ii you'd see those impacts, but not specifically
what could cause Lhat woulld be simply saying 9 included.
10 viewing is declin.ing !Ior rndividual stations 1{i! I I I 'HIEF Jl}DGE BARRETT. ThRnk you.
overall, so it's:not surp!rising .it would occur 1.:i ' ' 'Y }'iR. OLANTRAN:
here. {} Your general point seems to l&e
13 CHIEF JUDGE B}U{NETT: May I 13 that in addktion to more stations, 1st's say, inquire? 19 these additiona',L media services are
MR. Ol'ANIRAN& Oh, sure. 15 necessarily competing with broadcast stations
CHIEF JUDGF. BARNETT: Mr. 16 l and thalt could account for some of the lover '17 Lindstrom, is there any way that Nlielsen 17 nurrrbers for the broadcast stations. Is that
measures Netflix streaming or Hulr! or any of Ilh ! a flair !statement?
19 those other sources of TV light time? A It's a fair statement that there'
20 THE WITNESS: We'e doing that 20 been a considerable degree of competition that
21 now. That's all part of I he way that the 21 l had conic on, you know! through t'e years and 22 measurement system has changecl. It's actually 22 to the extent that it wes occurring durir!g the
Page 422 Page 424
1 some of the streaming sources of video ha!re period r&f, this study, I couldn't say, bui: i.t 2 been causing the biggest headaches in the has, in fact, been an ongoing change within
3 business right now, but we have gotte!n to a :! the marketplace since probably the '80s.
9 point at this point where rre're now beginning {} ! Thank yeu. No further questions, 5 'o include PC usage. We'e beginning to Your Honor. include on-demand. It doesn't have to be JUDGE FEDER& Going back to {}udge viewed simultaneously. And our measucing 'r Baxnett's question, similarly, i s there
services like Netflix and Hulu to be able to 8 anything in these data that reflect DVR usage,
track. It's a very big component for the !3 delayed viewing of broaclcast programrrring using 10 industry, but also very hard as you can 10 a DVR? imagine. THE WITNESS: DVRs at that point
CHIEF JUDGE BARNETT& But for the 12 'n 'tirre'erh very smal.l ano wouldn't have been
13 period relevant to this case, there vras no 13 l a slignilficant player. we would have includecl
consideration of DVD usaqe? I guess I hat was videotaping, if there was playback, but i.t
the in technology at that point or videotapes '1 5 would only be included if it had occurred 16 or any other -- when the TV was on and the during the week in quest.ion. Remember, 17 source of the signal was someLhinq other than somebody is only keeping this diary for a
18 cable or broadcast? week's time. So effectively, there rvould be
19 THE WITNESS& It !vould nol" be some degree of taping that would occur that 20 included. So it's not part of the overall would not have been in here. I don 't want to 21 television usage. If there were degrees of say that it was reflecting all of that. I
22 more DVD viewing, it vrould end up showing 22 think it's probably a more accurate way to
Neal ll. Gross 5 Co., lr}c. 202-234-4433 Page 425 Page 427 ~ 1 think about it as being live viewing. 1 I'm sorry.
JUDGE FEDER: Thank you. 2 {} Sure. Were the number of TV
CHIEF JUDGE BARNETT: Do the 3 stations in the United States, did they
4 questions from the bench raise questions for 4 increase appreciably between the 1950s and the ~ 5 counsel? 5 1960s? I'l make it mors specific, say
MR. BOYDSTON: Yes, but I also 6 between 1965 and 1969? Was there a 7 have a question to follow up on the redirect. 7 significant increase in stations? CHIRP JUDGE BARRETT: All right. 8 A I couldn't tell you. RECROSS EXAMINATION 9 g At some point was there a
10 BY MR. BOYDSTON: 10 significant increase in stations over the
11 5? Mr. Lindstrom, I wanted to ask you station landscape from the 1950s'?
7.2 about fragmentation which Mr. Olaniran asked 12 A Again, I ma not an expert on 13 you about. To lay a foundation for that 13 historical television. I'e got a pretty good 14 though I need to ask a question. I'e known 14 idea on what was.going on from 78 when I 1S Nielsen to be around foz as long as I know, 15 joined Nielsen on, but prior to that I
16 but why don't you give me a better answer or 16 . couldn't answer definitively.
17 better information than that. How long has 17 Q Was there an increase in TV i 18 Nielsen been doing this — been in this stations from say 1978 to 1990 that was l 'l9 business of YV ratings? noticeable or significant?
20 A It goes back into the '50s and 20 A There would have been an increase 21 they'e been in the market research business 21 both in terms of stations and cable sources of 22 before that. 22 programming.
Page 426 Page 428 4
9 Okay, and when in the 19SOs, Q Do you have an estimate as to what 2 that's a whole decade, but to the extent we 2 sort of percentage growth there was during 3 csn collectivize it, from what I know there 3 that time period?
were three national networks, correct, and 4 A I couldn't tell you. then there were independent stations around 5 0 Bow about the difference in the I the country. Is that a fair explanation of 6 number of stations and cable systems or cable
7 the TV landscape at that time? 7 channels rather from when you started in 1978
8 A I couldn't tell you the exact 8 and say 2000, was there an appreciable change
9 number of. networks. They'e kind of come and 9 or increase? 10 gone and gone in and out of business, but it 10 A There would be an appreciable certainly has been a reasonable definition of 11 change, but I couldn't dimension the size of 4 12 what the marketplace looked like many years 12 it. Cable systems went from 20 channels being 13 ago. 13 a big one to 100 channels being a small one.
O Okay, and my questions on this are 14 The distribution technologies and the 15 certainly questions for an expert because this 15 programming to fill it has grown extremely is something that I don't think anyone else 16 rapidly.
17 here perhaps knows and that's why I'm asking 17 9 Aud what I'm trying to get a 18 you. .In terms of fragmentation, fragmentation 18 handle on is when that growth occurred. Your 19 was there much fragmentation from say the dawn 19 testimony in response to Mr. Olaniran's
20 of the TV era in the '50s to the 1960s or was 20 question waa there's been a huge increase in 21 that fairly constant, if you know? 21 the number of stations and that's decreased 22 A Actually, could you restate that? 22 viewership on them all, correct'? That wss
Neal R. Gross & Co., Inc. 202-234-4433 Page 429 Page 431'
1 your testimony to Mr. Olanizsn's question, 0 My follow up to Judge Fedez's
2 correct? 2 question was how — he asked about DVR viewing
3 A My answer to why you might find sn 3. and I wss curious with regard to the Nielsen
4 increase in zero viewing was that there has 4 meter, how does a Nielsen meter, does a 5 bean increases in f'ragmentstion, but to the 5 Nielsen meter detect snd take note of: and
6 degree to be able to give specific growth 6 record a DVR event2
7 numbers, I couldn't do offhand to say it A It does now. lt didn't during the 8 occurred in 1988 or whatever the period 'of 8 time in question in the early 20002.
9 time was. It's gust there has been a general 9 {} Thank you. Nothing further.
10 flow from 1978 when I began working at 10 CHIEF JUDGE BARNS?T: Mr. Nielsen. There was three networks. The three 11 Harrington?
12 network shaze was 90 snd a program was 12 MR. HARRINGTONI Just one 13 canceled if it di.dn't have a 30 share. And 13 question?
Nowadays if somebody got a 30 share, that '141 I I I ICHIEF JUDGE WARWETTr You nmy 15 would be a super event. And it has been a REGRoss EYJIMINATIDW
continuum based upon, as I safd, ease 'BY MR. HARRINGTOHI
17 digital, as the technologyoi'istribution, 17' '4r. Lindstrom, we'e used a coupie 18 simple growth in cable. Cable penetration has 'of different terms here. We talked about 19 gone from 25 percent during that period of 19 'ratings and about shares and you talkhd about
20 time up to 90, all of which leads to increases 20 a 1 rating was good and now sn 18 share is in channels. So it's not a clear cut case of 21 good. Gould you explain for the record the
going the number of broadcast stations has 22~ ~ difference between a rating point and share? Page 430 Pageof'1 432 1 increased. It's going at that point in time 25 A 'Sure'. A'ating is a percentage
2 percent of people had increases in channels 1 a universe tlhat was watching',something, so 3 because of cable and now it's become virtually 3 let's shy that there's 100 million households
4 ubiquitous 4 in the United States as a very rough number. So there's a lot of factors at 5 If 10 million were watching a particular
6 play, but there's ng question the average 6~ ~prograawiing during the average minute, It 7 number of channels that people can receive has 7 'would be 10 rzill'ion divided by 100 million or
8 gone up and gone up considerably. 8' 10 percent. 'hat's a 10'ratfng. 't's the
Q And to that point you used a 9: :percentage of tha universe that would: be
10 particular metric. You said when you started 10'vieeing iit. i — out if a network program didn't get a 30 lli i i i R share is really looked at and share, it might be canceled. How woold you 121 lthaf's aln absolute level! A'share is' characterize that situation today? What's the 13'relative one'n order to see how you'e doing — I know it's a generalization, but how do 14 competitively. So taking that same example, 15 you generalize that figure today? What does 15 if the percentage of people which is the HUT 16 a network program have to get to avoid 16'.level, Households Using ?clevis ion, I 17 cancellation as s general matter2 17'shouldn"t ss'y percentage of people, bct 18 A Again, it varies all over the 181 'perCentage of households, was 50,. 50 percent 19 place, but for a variety of reasons. It is '19 of them were viewfng during the period in 20 substantially lower than that. It's in the 20'guedtiod, ar4d yoh had 10lperdent ithatl were teens at this point in time, can still be 21'tuned to your channel, it's 10 divided by 50 22 considered a healthy number. 22::or 20 share.. So. in that scenario, you would
Neal R, Gross & Co., inc. 202-234-4433 Page 433 Page 435 ) have a 10 rating and a 20 share. in that position?
Q Thank you. A Nell, I have various
CHIEF JUDGE BARRETT: Thank yau, administrative responsibilities including
Mr. Lindstrom. You may be excused. hiring into t'e group, setting compensation,
THE WITNESS: Thank you. overseeing staffing levels, representing the
{The witness was excused.) group in leadership functions and meetings.
CHIEF JUDGE BARNETT: Mr. But my primary responsibility really is client
8 Olaniran. service which .is providing economic and
NR. OLANIRANl We will call Dr. statistical consulting servi.ces to campanies, 10 Jeffrey Gray. 10 government agencies and sametimes indirectly
WHEREUPON, via law firms.
12 DR. JEFFREY GRAY {} And where were you prior to
WAS CALLED FOR E}{AMINATION BY COUNSEL FOR THE 13 Deloitte?
MOTION PICTURE }LSSOCIATION OF AMERICA AND, A Well, prior — I should say I
15 HAVING FIRST BEEN DULY SWORN, WAS E}{AMINED AND started at Deloitte in 2002, but then fram
16 TESTIFIED AS FOIJA)NSl 16 2006 in the summer through 2009, I left
17 MR. OLANIRANl May I proceed, Your Deloitte and was with Huron Consulting Group. 4
18 Honor? Q Prior to your first stint at
CHIEF JUDGE BARBET?: Yea, poll Dsloitte, would you please provide with a 20 20 sense of your work experience at all of the 21 MR. OLANIRANl Thank you. 21 other places, where you worked over the last
,r 22 DIRECT E}{ANIMATION several years?
Page 434 Page 436 I!
BY Ml. OLANIRANl A Sure. I worked for both large and } Q Good morning, Dr. Gray. My name smal] economic consulting shops. I also spent 4 Greg Dian{ran and I'm counsel for MPAA. s year the White House, the President's j! is at 7 Would you please state your name for the 4 Council of Fconomic Advisors.
record and spell it? 5, Q And describe briefly the subject i A Yes, it's Jeffrey Gray, J-E-F-F-R- 6 matter of your specialty.
E-'I G-R-A-Y. 7 A Sure. In general, I focus on I Q And what is your educational 8 understanding and studying markets, how prices background? 9 and quantities are determined in those markets
10 A I have a Ph.D. in Economi.cs from 10 and how market imperfections or distortions the University of Pennsylvania and also an affect those equilibrium prices and 2 12 undergraduate degree in Economics from the 12 quantities. I would say my specialty is } 13 University of California at Santa Cruz. analyzing data associated with those markets,
Q Where do you work? 14 often large amounts of data, to draw
15 A { work at Deloitte Financial 15 conclusions regarding those alleged or. actual 16 Advisory Services, LI,P. 16 imperfections and distortions. I Q And what position do you currently 17 Q And what sre the specific fields 18 hold at Deloitte? in terms of — how would you define those 19 I'm a principal and also the 19 different fields? 20 national leader of their Economic and 20 I would say economics, statistics, 21 Statistical Consul ting Group. 21 and econometrics.
22 Q Aud what are your responsibilities {} What {s the distinction among--
Neal R. Gross B Co., inc. 202-234-4433 Page 437 Page 439 how do you distinguish between — among those A, Some consulting experience. 1've
three fields? 2 done work on be'half of large metropolitan
A Good question. I Would say newspapers. I was also engaged by ou.tside economics is the study of the sort: of s counsel for a performance rights organization,
5 production, allocation, and consumption of 5 also known as a PRO to assess the economic
goods and services, very broadly speaki.ng, 6 value of a blanket license, giving certain Statistics, a.iso broadly speaking, 7 companies the right to perform music from the
is the study of the collection, analysis, and El PRO's lzbrary on their internet sites.
the interpret:ation of data. Q Have you done any work related to Econometrics:is the intersection 10 cable televi.sion industry?
of those two disciplines. It's the A Yes. I'e also been engaged by 12 application of statistical methods to economic 12 outside counsels for CSOs who have been 13 data to provi.de content to economic 13 involved in I guess either negotiations and/or relationship being studied. 14 contract disputes wi,th basic cable channels
15 Q And how long have you worked in .15 concerning the programming on those channels, 16 these fields? 16 how that progranming has changed over time, 17 Fipproximately 25 years. and the associated viewership of those
18 Have you taught also in these program: andi channels.
fields? 1 cg Q And have you preiriously testified '&0 Yes. 20 either before this body, the cARE', the CRT, or
21 Fu&d where did teach? any other Court or body? you 21'2 regulatory 22 taught at the University of A I have not testified before this
Pacie 438 Page 440
at Urbana-Champaign. I was a tenored 1 ~ bodj, b&it I Eve tbstified before both
2 track assistant professor there. I also 2 internat:ional and Federal Courts in the United taught whil'e I was a grad student at the 3 States, both written and orally. University of Pennsylvania. I taught at the MR. OIANIRAN: Your Honor, at thi.s University of Pennsylvania as well as co- 5 point, I 'd like to offer Dr. Gray as an expert
taught a course in theareas!'llinois Bu: incus School there 6 ~in the field of economics, statistics, and
called Wharton. 7 econometrics?
Q Are you publithed? 8' ' MR BOYDSTON No objection A Yes. 9'iR. HARRINGTON: No objection. 10 Q ln what CHIEF JUDGE BARNETT& Dr. Gray is A I'e 'been published in peer.— 11'so Qualified.
12 reviewed journals in the sort of general area BY MR. OLANIPJ&N:
13 applied microeconomics with a special focus on 131 I I Q Dr. Gray& what were you asked to
labor economics. 'do &n this proceeding?
15 Q And have you served as a referee 15 A Yes, I was asked to propose an for peer-reviewed journals? 16 allocati.on methodology of the cable royalty
17 A Yes. Throughout my career, I'e 17 funds attributable to the program suppliers been asked to serve as a referee to judge the 18 category between 2000 and 2003, between Il?G
'1 9 appropriate use of economics and statistic." 1 9 rept'esented claimants and,MPAA represented "0 when people submit put&lications. 20 cia.imants.
21 Q Do you have any experience .in I was al: o asked to review the media and enterta.inment industry? ?2»methodobogy proposed by IPG and its associated
Neal R. Gross 5 Co., Inc. 202-234-4433 Testimony of Alex Paen
I. Background and Kxperknce
My name is Alex Peen. From 19/5 to the present, I have been a television
journafist and producer- specializing in international news for several Los Angeles
st'atfons; Since 1'985,.l have also become a producer and distributor ofmanynationaffy
syndicated piograms. In connection with my syndication business, I have visited and
communicated with hundreds ofstations across the United states.
I graduated Som UCK A with a baccalaureate degree in Communication Studies in
1975, As a young radio reporter for KMPC-AM in Los Angeles„J was assigned to cover
the Iranian hostage crisis. in Tehran in 1979. Peffowing that assignment, I reported on a
number ofinteanational events over the next three decades, including the civil war in B
Salvador, the pohticaf upheavals in 8outh A&ica, the assassination attempt on Pope John
Paul 6, the Iran-Iraq war, the Persian Guffwar, the Rio Environmental Summit, the famine in Somalia, the economic crisis in Cuba and the tragedy in the Baffraus. I have been the recipient ofnumerous awards, including an Bmmy for my series on Papua New
Guinea, two Golden Mikes for investigative reporting f'rom the Southern California Radio and Television News Association, an Assoc'iated Press award for my Gulf%ar reporting and several Bmmy nominations for a documentary special, where I traveled to several continents, entitled, AIDS: The Global Explosion and for Animal Rescue, one ofmy syndicated shows. I am afse the author ofLovefrom America, a true life account ofmy experiences covering the Iranian hostage crisis. In 1985, I purchased The Telco Report, an international television program nNgazine, which I.st.own and continue ito serve as
Publisher.
In l994, f. created Emergency ~it& Alex Paen, a weekly syndicated series
shewcasiiig emergency workers around. the world:. As a prod'nd dhstributor, my
responsibilities included contract and sales administration as weH as serving,as marketing
director for my company, Telco Productions. I.subsequently created, produced, and:
distributed other shows, kfissing, Dog Tales„8'e the Jury, State Police, Dragonjly TFaud
SFAP TY, all the while overseeing an expanding programming distribution sales staK i
I appreciate the opportunity afforded to me by the Copyright Royalty Judges
("Judges") to ofkr my testimony in this case.
H. Ratroduction to Syndication
The term "syndication" refers to the process. by which programming is sold on a
market-by-market basis to television stations in various cities, thioughout the United,
States. The programs that Ml within the Program Suppliers category sre generally referred to as "syndicated programs." There are two general categories ofstations: ones
that are owned-and-operated("OMs") by the major television networks {i.e., ABC,
NBC, CBS) and those owned by independent owners or ownership groups or companies, ofwhich the vast majority ofthese are affiliates oftheirnajor networks {"network affiliates"). To fili an entire day's schedule, OEcOs and network afNiates acquire syndicated programs only for tliat part ofthe day during which the network does not provide.network programming. Indeyend'eat stations acquire syndicat4d and other programs to fiH entire days.
Since the infancy. oftelevision„most stations have'been nehvork af6liates and have carried programming created for and by the.networks. Many television programs. are created, however, for sale or for barter (discussed belo~v) directly to local stations during a single calendar period. The programs that I'ave produced. are priinarily for barter, but are also available for direct sale.
A common syndicated program is called, a series. There are generaHy two types of syndicated series — off-network and first-run. Off-network series are those programs that go mto syndication after first being exposed to the public on a network. Examples of off-network series include Lan k Order, &erybodyLoves Raymond and King ofQueens, which were originally created for network broadcast and seen subseoucntlv in syndication. First-run programs are created to be so}d or cleared through barter arrangements directly to stations for immediate. exhibition in first-run syndication.
Bxamples of first-run programming include Entertainment'onight, The Omah Winfrey
Shoiv, 0'IMel ofFortune as well as my shows, such as Arsimal Rescue and Mrssing,
There are generaHy two types ofmovies seen on broadcast television — movies from theatrical releases ("motion pictures") and made-for-TV movies. The pattern of licensing motion pictures in syndication is quite different from that ofofF-network series and Grst-run programming. Immediately following a motion picture's theatrical exposure, it is licensed to airlines and in home video, The home video window" continues inde8nitely. MeamvMle,: the rn6tion picture is licensed to yay television (HBO,
Sbowtime, etc,) for a limited window,.then to a netwoik (ABC, CB8, etc.), foilewed eithet to a baste cable network er, jn syndication, to an ed ho@ nebvork Ofindividual stations. When a'movie is licensed to:pay cable, te network, to basic cable, and to
.syndication, it is usually licensed together with other motion pictures in "packages",which tnay also include rmovies-ofthe-we8k,that mere made for network,television. 1n syndication, the motion picture license may have an initial period (usually a month) i6 which the stations telecast the Glrn ena "barter" basis, and a subsequent period.(o8en: several years) in which the station,has a right to fom to six telecasts On a "cash'l basis., hx general, made-for;TV movies are Hcensed much in the sam'e w'ay as s'eries (discussed below), that is, on a market by-'market basis,
HL Program Development
A. Off-network Series
To understand the need for syndication after a program',s network run, it, is; necessary to understand how a network selects a new series, That;process begins when a; party, typically a producer, pitches(i.e., tries to seH),a program idea to a source; of; funding. The funding source, which may be a network, 'a major studio,. or an independent production company, then invests in the development ofthe idea for presentation to a, network in hopes that the network will order a pilot. An order,for,a pilot, wN depend on; the network's perception ofthe program idea's value: eyseqtiajly, 6e pofenoal ofthe, concept to attract an audience, subsumed within which is the track record of the producer, the popularity of.a given star„etc, A production company produces tlie pilot, which results, hopefully, in a, nebvexk order ofRom anywhere ofsix to twcntjj-four episodes for placement on the network schedule. Ifthe series performs vali enough in its first season to be renewed, and continues to yerfoln welt during its.second season, the funding entity, or Pxogram Supplier, evaiuates the program's chances in syndication, and develops a marketing plan. ln genera), to be considered worthy ofsyndication, the program must attract a desired level ofviewership.
Until fairly recently, it was accepted wisdom that a series required at least l,00 eyisodes, or roughly Give seasons on the network, before it could be sold in syndication,
This ls because most syndicated pxograms are stripped, that is, broadcast at the saine time every weekday (e.g„a stripped EverybodyEaves Raymond is bxoadcast at 7:00 p,m.
Monday through Friday). To stxiy a yrogram, there needs to be enough episodes so the individual segments do not repeat often during the broadcast season. However, more recently, it is not uncommon to see programs going to syndication with fewer than lw episodes, Nevertheless, it is still the rule ofthumb that a series must survive at least four seasons ofnetwork production to have a suf5cient number ofepisodes to be attractive to a local station.
8, First-run Programming
First-run series prograrnrning is developed through a process similar to the develoyment ofnetwork programming, except that the idea for a show, once accepted by a Prosram Supplier, is presented to individual stations or groups ofstations (instead of a cenventional network~I. A fl'rst-ru'n program ~eeds to sell to enough stations to form an u4
IEM'etwork reaching; a. sUff[cicntJicfcentagc of all U,S.. televislQn households to Inakc the program's launch economically feasible. IMS is the main route my company, Telco
Productions, foHows t9 get silo%!s Gn thc all „
Absent a cetlrriittljent by stations xvhose total audience equals at least 70o/0 OfaH
U.s. homes using television, a first-:run program wiH likely not proceed fe production.
That commitment must bc. secured by April. or May in order to permit the producers and stations adequate time to contract xvith advertisers for a fall launch.
— MG0 Pll.'oclucti038 Pll ogl'anl 9cvclopMcnt
I develop shows that usually relate to my news experiences and background.
&heigency with Alex Paen consists of long-form reporting on the brave efforts of emergency worker's from around the worM. That theme continued as I developed Animal
Rescue, 8rare Police and Hinging. I like to tell. stories of'bravery which have had positive resuits and, at the same tinie, provide knowledge and inforrnatiion, to my audience in an entertaining way. I personaliy fund the: development of the concept, production of the pilot, and marketing expenses. It is my hope that the show(s) Will be accepted by audiences so that, aller a few years they will prove profitable, I also count on the royalties collected by the MPAA as part ofmy revenue mix. These royalties are critical to.rny continued survival as a program producer, IV. Costs of Production
A. Cost Risks in Programming
Producing for television is a high risk venture, given that neer programs compete for a shrinking number ofavailable broadcast time periods, Each season„ it becomes more diNcult to get and to keep a program on the air., especially for small producers Hke
Nyselfbecause ofthe heavy competition due to paid.programming and increased
4veekend stripping ofprograms. Nevertheless, establishing and sustaining a syndication market offers the best (and possibly only) way to recover'he deficits that inevitaMy result fi'om program development.
on average, a typical individual episode ranges from $20,600 to $24,000 for Telco
Productions to produce. This cost includes all camera work, bought footage, post- production (editing, graphics), closed-captioning, xvriting fees, production stafffees, satellite costs, and office overhead. These costs are not static, because programs cost more to produce each year. Creative talent and the unions that represent them:rarely agree to accept less Hioney fol" a neYY production. On the other side„net'forks and stations are not v,"Bling to pay for all these costs. This means that virtually aB programming is produced at a deficit. The initial network run does not recoup development and production costs, nor does the initial season of a first-run series. Therefore, producers depend on long syndication rmis to recover their investmerits in both off-nehvork and first-run syndication, A reduction in the number ofep;isodes ordered by netwerks has also increased risks. It has become increasuIgjy dificult to: achieve the number. of episodes accessary. for off-network syndication because zehvorks order fewer episodes each season. Series like 1'he Honeymooners bad 39 original episodes ordered. in a season, In 2004-05, the
-standard full seasori order has bein reduced, to approximately 22 to 24 episodes and, today, 13 and even 6 episode orders have become common, Par Teloo Productions, the average productio'n cost for a 22 to 24 episode season. would. typical:ly be between
$440,000 and $576,000.
With the declnre. in ep.'Isodes per'emon, it takes more time to achieve the number of episodes desirable for syndication, Deficit reduction therefore cannot begin as fast, and this can, in turn„ ir!kibit new production, Moreover, networks'ropensity for changing schedules makes it .mo!re difficult to maintain an audience for new shows, New shove must also compete for a share in an increasingly kagmented viewing market
(cabie, satellite, IRK)s, etc,), which also make it mote difficult fot a new series to gain a following.
Producing a new program means accumulating a de6cit over as many as Ave or more years. Even with a moderately successful offnetwork &st cycle, or an irr&pressive premiere season in Grst-run„ i,t can take years before these accumulated deficits can be eliminated. B. COst Risks for First run PrOgi'amming
Pirst-run.syndicated programs are produced for. simultaneous exhibition by loud stations (i,e., on a market-by-market basis) durmg.the same calendar period throughout the couritry. More and. more stations have turned to first-run to.fill their pxogramrning time slots, in part, because ofthe shorter contractual cornmitnMnt, In addition, the types offirst-run prograinrning available to these stations are a mora cost-eNicient option than
Most station-produced programs. As a result,. many stations are turning to first-run reality and talk programming.
First-run syndicated programming faces high financial risks, especially at launch,
Not only has the number oftime periods available te nevypr'ograms been shrinking, but also first-run programs incur weeidy production costs, as mell as high initial marketing and promotion expenditures, especially for those directed toward the most competitive syndicated dayparts. First-run "strip" series require five original episodes every week for as many as thirty-nine weeks every season. This means that even vAth lower per episode costs, deficits vN1 be large because at least 1.99 new episodes must be produced each year. A long successful. run will be needed to recover those deficits. Success must be achieved swiftiy, to avoid the program being cancelled and any deMts becoming permanent.
To improve the chances of a program's success, millions ofdollars are generally spent to provide a "high profile" launch. Marketing and promotion costs can make yro5tabi5ty very dif6cult ln a yragram'3 arst'few years'fGrat run yrogranuning,is caneell&R withIn 8 year or so, virtually all. ofthese costa are lost,
'V. Lr'censii@ and Distribution
Cash Basis Licensing
Originally, the total compensa6on received f'r syndicated pro~~ms came kom license: fees (cash} paid by stations that sold time in the programs to local advertisers.
Suygliei's efprogramming and stations negotiated hcense.fees.based on estimated adveitisjng:revenue.- The statics were See to: telecast the yrogramming at any time throughout'the hcense tenn, yrovided. that they yaid the~license fees and did, not exceed the number oftelecasts licensed. The license fees rem,negotiated en the basis of seyarate calculations by each yaxty's to what its perceptions of the revenue,stations could j,'easonably expect to receive from local advertisers. Advertiser payments to the stations, were.determined by the number ofhomes in the local market that tuned in to the programs. Under a cash dea3, the station bears the risk that its advertising revenues will; not exceed the Hcerae fees.
8. Barter Basis Licensing
In 2004-05, few syndicated programs were licensed on a "straight cash" basis; many were licensed on a "barter" basis. For barter deals, the producer and the station. divide the available advertismg time between themselves. Each party is compensated by being able to sell its portion ofthe advertising time in the program. To be successful at barter, a producer must license a program to stations that broadcast fo at least 70% ofU.S.
10 households, the xninieurn coverage before national a4Vertisers-will buy advertising-time on programs, A pro'ducer's advertising revenue:in barter is almost always derived.from the sale oftime in the programs to. national advertisers, while a station generallj"selh its portion oftiine to local.advertisers.
Under barter, a station contracts,.to broadcast the episodes ofa series, in the order, daypart, and on the dates set out in the license agreenMnts. Preemption is usually permitted only for coverage of events ofnational or local importance, and the station is obligated to mike-good on the preempted episode Sy broadcasting it in another time period. Baxterallowsstations toshiftasmuchashalfoftherisktotheproducer. Ifa program does poorly, both suffer, but at least the st'ation has not put out any cash, Only programs that attract a large enough audierice will have an opportunity to recoup their costs through the safe of advertising time.
C. Cash/Barter Basis Licensing
In cash/barter deals, the station pays a lower 1'icense fee than with a cash-only sale, but keeps more advertising slots than with a straight barter sale, Virtually all Qrst-run series are sold on, barter or cash/barter basis. Accordingly, more ofthe risk associated with new programs in first-run syndication has shifted to producers.
D. Program.Revenues
Under all ofthe foregoing scenarios, program revenues are determined by the appeal ofa program based on the number ofviewers watching. Ultimately, a producer is
11 compensated for progmm creation atid investment out'ofthe sale ofadvertising time, . vrhich, in turn, depends on. the public'.s. election to mafeh a pxogram.
''Demographic ratings" alsa.afreet compensation'. because advertisers.value eertaia demographics more than others. In general, advertisers and, perhaps, most in the: industry, deem adults. 18-49 as the.most valued.demographic group. Programming that sustams. its appeal to this group fetches the highest advertising,rates.,A first;run programming marketing plan.must consider both.;@which; dayparts mill; likely be available for'broadcast, as well as the demographic groups that,.view during those dayparts, and which idvertisers will be likely to pay a premium rate to reach the targeted deniographie when deterxnining the expected value ofits program.
VL Basic Cable Nebvorks
The emergence ofbasic cable networks as: a viable alternative to over-the-air television has broadened the opportunities for viewers to 5nd their favorite yrograms.
Cable networks frequently seek to achieve unique,pqrsapalltiey by appealing to; a speciQc. audience, which makes certain types ofoff-network series particularly attractive to them. fn addition, cable networks, such as The Pood Channel,;The History Channel, and various
Gnancial networks, appeal to narrowly defined interests ofspecific segments of: the viewing public. Some cable networks satisfy ihe desires ofviewers to see, again, television series that attracted a loyal following ih their network li'fe, even though they had not received the number ofepisodes required for the five-night-per week syndication; strip Unlike local television stations, cable scivices are not rvedded'to stripping episodes„. and xviH air these shows on a meekly schedule.
Cable networks.compete vigorously with television stations for off-network programming as YvcH as foi" original piograguning, This has been especially true for off" nchvork hour series, but is becoming increasingly the case for 30-minute series.
Off"Aethvork programming has helped basic cable ncttvorkss like USAs ~ifct'lmes and Family Channel, to compete morc effectively in the lncrcasin 1 fra mcntcd viewing landscape. Licensing off-nehvork programming serves this purpose by providing material that is familiar to audiences, Cable networks are willing to spend morc to purchase these tested programs because they attract and retain subscribers.
VIL Conclusion
Syndication continues to fuel the growth ofpopular competing video outlets that offer a broad array ofenteitaininent and instructional sources, Independent stations proliferated throughout the United States, in large part, due to an increase in the public a%'areness and appetite for syndicated television programming. Cable networks, too, have followed this model to spur their growth. Even pay cable has moved to series (e,g.,
The Sopranos) to augment their movie fare as a means ofincreasing their appeaL
The common pleasure ofvalue for this programming is its appeal to thc viewing audience. Syndicated programming is created to appeal to a very broad audience because that audience produces the best opportunity for recouping the investment and compensating for the risk of developing programs, Syndication g a vitil source ofrevenue to the creators and'supyii8rs oftelevision 'rogeams
@ho, as eoyyrightjroprietoxs, are entitled, to cotnpensation for the ose of mater@. created by.ayylicati@n oftheir labor, their talent, and theh'nvestment. Unless
Progratn Sayyliers receive fair compensation for the! use oftheir programs, they v Hl not
have the incentive to produce yrogramming that is at the cere ofthe success othe vino ~
10dnstrg. I declare under penalty of yerIurjj,that the foregoing"testimony is troe'and correct and ofmy yersorial knewIedge.
Executed on Juse l, 2009. CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of June, 2017, a copy ofthe foregoing pleading was provided to each of the parties on the attached service list, either electronically via the Copyright
Royalty Judges'CRB electronic filing system, or, for those parties not receiving service through eCRB, by Federal Express overnight mail.
Is! J.ucv Holmes Plovniclr Lucy Holmes Plovnick
WDS-D, 2010-13 Cable Distribution 1 Certificate Of Service 8. Service List, MPAA ~ SERVICE LIST
JOINT SPORTS CLAIMANTS SETTLING DEVOTIONAL CLAIMANTS
Robert Alan Garrett ClifFord M. Harrington Sean Laane Matthew J. MacLean Michael Kientzle Michael A. Warley Bryan L. Adkins Jessica T. Nyman ARNOLD & PORTER LLP PILLSBURY WINTHROP 601 Massachusetts Avenue, N.W. SHAW PITTMAN LLP Washington, D.C. 20001 1200 Seventeenth Street NW Washington, DC 20036
SETTING DEVOTIONAL CLAIMANTS/PROFESSIONAL BULL RIDERS
Arnold P. Lutzker Benjamin Sternberg LUTZKER & LUTZKER LLP 1233 20th Street, NW Suite 703 Washington, DC 20036
PUBLIC TELEVISION COMMERCIAL TELEVISION CLAIMANTS CLAIMANTS NATIONAL ASSOCIATION OF BROADCASTERS
Ronald G. Dove, Jr. John I. Stewart, Jr. Lindsey Tonsager Ann Mace Dustin Cho David Ervin COVINGTON & BURLING LLP CROWELL &, MOR1NG LLP One City Center 1001 Pennsylvania Ave., NW 850 10th Street NW Washington„DC 20004-2595 Washington, DC 20001
2010-13 Distribution 2 Certificate of Service & Service List, MPAA WDS-D, Cable ~ MUSIC CLAIIVIAN TS
AMERICAN SOCIETY OF BROADCAST. MUSIC, INC. COMPOSERS, AUTHORS AND PUBLISHERS
Samuel Mosenkis Joseph J. DiMona Jackson Wagener BROADCAST MUSIC, INC. ASCAP 7 World Trade Center One Lincoln Plaza 250 Greenwich Street New York, NY 10023 New York, NY 10007-0030
Brian Coleman Jennifer T. Criss DRINIMR BIDDLE & REATH LLP 1500 K Street, NW — Suite 1100 Washington, DC 20005
SKSAC, INC.
John C. Beiter LEAVENS, STRAND 4 GLOVER LLC 1102 17th Avenue South Suite 306 Nashville, TN 37212
Certificate of Service gr, Service List, MPAA WDS-D, 2010-13 Cable Distribution ) 3 CANADIAN CLAIMANTS
L. Kendall Satterfield Victor Cosentino SATTERFIELD PLLC LARSON & GASTON LLP 1629 K Street NW, Suite 300 200 S. Los Robles Avenue, Suite 530 Washington, DC 20006 Pasadena, CA 91101
MULTIGROUP CLAIMANTS NATIONAL PUBLIC RADIO SPANISH LANGUAGE PRODUCERS
Brian D. Boydston Jonathan D. Hart PICK & BOYDSTON LLP Gregory A. Lewis 10786 Le Conte Avenue NATIONAL PUBLIC RADIO Los Angeles, CA 90024 1111 North Capitol Street, NE Washington, DC 20002
MAJOR LKAGUK SOCCER
Edward S. Hammerman HAMMERMAN PLLC 5335 Wisconsin Ave., Suite 440 Washington, DC 20015-2054
2010-13 Distribution 4 Certificate of Service & Service List, MPAA WDS-D, Cable ~