Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554
In the Matter of ) ) Comcast Cable Communications, LLC, ) on behalf of its subsidiaries and affiliates ) ) CSRNo. ____ For Determination of Effective Competition in: ) Seven North Suburban Communications ) Commission Franchise Areas )
To: Office ofthe Secretary Attn: Chief, Media Bureau
PETITION FOR SPECIAL RELIEF
Comcast Cable Communications, LLC, on behalf of its subsidiaries and affiliates
("Comcast"), pursuant to Sections 76.7 and 76.907 ofthe Commission's rules, 1 requests that the
Commission determine that Comcast faces "effective competition" in seven Minnesota communities that are members of the North Suburban Communications Commission (the
"NSCC").2 The specific communities subject to this Petition are: Arden Hills, Little Canada,
Mounds View, New Brighton, North Oaks, St. Anthony, and Shoreview (the "Franchise
Areas").3
The Communications Act of 1934, as amended (the "Act"), and the Commission's rules provide that cable television rates may be regulated only in the absence of effective competition.4
Cable operators are entitled to demonstrate that effective competition exists on a franchise-by-
1 47 C.F.R. §§ 76.7 and 76.907. 2 The NSCC has a total of 10 member municipalities. 3 See Exhibit I. 4 47 U.S.C. § 543(a)(2); 47 C.F.R. § 76.905(a).
DWT 21791639v I 0 I 07080-000049 franchise basis. 5 When a cable operator demonstrates that effective competition exists within a franchise area, cable rates in the affected area are no longer subject to regulation. 6
Under the test set forth in Section 623(/)(l)(B) of the Act and Section 76.905(b)(2) of the
Commission's rules (the "Competing Provider Test"), a cable system will be deemed subject to effective competition if:
(i) the franchise area is served by at least two unaffiliated multichannel video programming distributors ("MVPDs"), each of which offers comparable programming to at least 50 percent of the households in the franchise area; and
(ii) the number of households subscribing to multichannel video programming offered by MVPDs other than the largest MVPD exceeds 15 percent of the households in the franchise area. 7
As demonstrated below, the Competing Provider Test is satisfied in each of the Franchise
Areas because two unaffiliated MVPDs offer comparable programming to over 50 percent of the
Franchise Areas' households and the reported penetration rate for these MVPD competitors exceeds the 15 percent threshold.
THE COMPETING PROVIDER TEST IS SATISFIED IN EACH OF THE FRANCHISE AREAS
The two prongs of the Competing Provider Test are straightforward and objective. Both prongs of this test are satisfied in each of the seven Franchise Areas.
5 47 C.F.R. § 76.907. 6 See Implementation ofSections ofthe Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, 8 FCC Red. 5631, ~ 42 (1993) ("Rate Order"). 7 47 U.S.C. § 543(/)(l)(B)(i) and (ii); 47 C.F.R. § 76.905(b)(2)(i) and (ii).
2 DWT 21791639v 1 01 07080-000049 A. More Than Two Unaffiliated MVPDs Offer Comparable Programming to Over 50 Percent of the Households in the Franchise Areas.
The first prong of the Competing Provider Test requires that a franchise area must be served by "at least two unaffiliated multichannel video programming distributors .... "8 This requirement is satisfied because the two major direct broadcast satellite providers (DirecTV, Inc. and Dish Network Corp.) ("DBS Providers") are unaffiliated with Comcast and offer comparable programming to more than 50 percent of the households in the Franchise Areas.
MVPD service is deemed "offered" where it is both technically and actually available.9
DBS service is presumed to be "technically available" throughout the country due to its nationwide satellite footprint. 10 As such, Comcast's Franchise Areas are entirely within the satellite footprint of both DirecTV mid Dish Network.
DBS service is presumed to be "actually available" if households in a franchise area are
"reasonably aware" that the service is available. 11 The Commission has stated that "a party may use evidence of penetration rates in the franchise area (the second prong of the competing provider test ... ) coupled with the ubiquity ofDBS services to show that consumers are reasonably aware of the availability ofDBS service." 12 DirecTV and Dish Network are among
8 47 U.S.C. § 543(/)(l)(B)(i); 47 C.P.R. § 76.905(b)(2)(i). Section 602 ofthe Communications Act of 1934, as amended, defines "multichannel video programming distributors" to include cable operators, as well as DBS and MMDS providers. See 47 U.S.C. § 522(13). 9 Rate Order ,-r 29. 10 See MediaOne ofGeorgia, Inc.; Petition/or Revocation ofthe Certification ofGwinnett County, Georgia, 12 FCC Red. 19406, ,-r 5 n.16 (1997) (citing Rate Order, at 5660-5661). 11 See Rate Order ,-r 32 (citations omitted). See also Charter Communications, LLC d/b/a Charter Communications Petition for Determination ofEffective Competition in Fourteen North Carolina Communities et al., 19 FCC Red. 7003, ,-r 4 (2004). 12 Comcast Cable Communications, LLC Petition for Determination ofEffective Competition in Various Michigan Communities, 23 FCC Red. 9595, ,-r 5 (2008) ("Comcast- Various Michigan Communities") (citing Mediacom Illinois LLC et al., Eleven Petitions for Determination of Effective Competition in Twenty-Two Local Franchise Areas in Illinois and Michigan, 21 FCC
3 DWT 21791639v I 0107080-000049 the largest MVPDs in the nation. 13 With approximately 34 million DBS subscribers nationwide14 (comprising approximately 34 percent of all MVPD subscribers), 15 extensive DBS advertising, and substantial DBS penetration in each of the Franchise Areas, it is clear that consumers throughout the Franchise Areas are "reasonably aware" of the availability of
Comcast's DBS competitors. 16
The Competing Provider Test also requires that the programming offered by these competing providers must be "comparable" to the programming offered by the petitioning cable
Red. 1175 (2006)). Thus, the Commission has not required the production of advertising to demonstrate that households in the franchise area are "reasonably aware" of the availability of DBS service. See Bright House Networks, LLC Petition for Determination ofEffective Competition (Lake Alfred and Dundee, FL), 22 FCC Red. 4390, ,-r 6 (2007) ("Bright House Networks- Florida") ("Over more than ten years, we have made hundreds of findings that households in particular franchise areas are reasonably aware that they may purchase DBS services based on localized evidence. These accumulated showings amount to substantial evidence that households in all franchise areas are reasonably aware that they may purchase DBS services. In at least one earlier reported decision, we found households in a franchise area to be reasonably aware that they may purchase DBS service solely based on evidence ofDBS's nationwide growth and local subscriptions, without reference to advertising or other promotion."). 13 See Annual Assessment ofthe Status of Competition in the Market for the Delivery of Video 1 Programming (Fourteenth Order), 27 FCC Red. 8610, ,-r 31 (2012) ("14 h Report"). 14 See Press Release, DirecTV, DirecTV Announces Fourth Quarter and Full Year 2012 Results (Feb. 14, 2013) (reporting that, as of December 31,2012, DirecTV (US) had 20.084 million subscribers), available at http://investor.directv.com/releasedetail.cfm?Relea eTD=740312; Press Release, DISH Network, DISH Reports Year End 2012 Financial Results (Feb. 20, 2013) (reporting that, as ofDecember 31,2012, Dish Network had approximately 14.056 million subscribers), available at http://dish.client.shareholder.com/releasedetail.cfm?ReleaseiD=741643. 15 1 See 14 h Report ,-r 31. See also Georg Szalai, US. Pay-TV Industry Sub Growth Hits Low in 2012, The Hollywood Reporter, Mar. 11, 2013 (citing SNL Kagan report of 100.4 million video subscribers by the end of 2012), available at http://www.hollywoodreporter.com/news/us-pay tv-industry-growth-427390. 16 See, e.g., Comcast- Various Michigan Communities ,-r 5; Bright House Networks- Florida ,-r 6.
4 DWT 21791639v I 0 I 07080-000049 operator. 17 The Commission's rules expressly define comparable programming as "at least 12 channels of video programming, including at least one channel of non broadcast service programming." 18 The Commission has repeatedly recognized that the DBS Providers offer comparable programming to Comcast and other cable operators under the Commission's
Competing Provider Test. 19 Each of the DBS Providers offer well over 100 video channels, most of which are non-broadcast services. 20 And, as shown in the attached channel line-up, Comcast's programming service offerings in the Franchise Areas are substantially similar to the DBS
P rov1'd ers , programmmg . services. . 21
Based on the above facts, the first prong of the Competing Provider Test is satisfied in each of the seven Franchise Areas. 22
17 See 47 U.S.C. § 543(/)(l)(B)(i); 47 C.F.R. § 76.905(b)(2)(i). 18 47 C.F.R. § 76.905(g). 19 See, e.g., Comcast Cablevision ofMaryland, Inc., Petitions for Determination of Effective Competition (Charles County, MD), 19 FCC Red. 7130, ~ 4 (2004) ("We find that the programming ofDBS providers satisfies the Commission's program comparability criterion because DBS providers offer more than 12 channels of video programming, including more than one non-broadcast channel."). 20 See Channel Line-ups ofDirecTV and Dish Network, attached hereto as Exhibit 2. 21 See Comcast Channel Line-up, attached hereto as Exhibit 3. 22 All of the legal positions taken above regarding the first prong of the Competing Provider Test were confirmed by the Commission in Comcast Cable Communications, LLC, Petition for Determination of Effective Competition in Nine Minnesota Franchise Areas, DA 13-862, ~ 6 (rei. Apr. 24, 2013) ("Corneas!- Nine Minnesota Franchise Areas"), and Comcast Cable Communications, LLC, Petition for Determination ofEffective Competition in Six Blaine, Minnesota Franchise Areas, DA 13-863, ~ 7 (rei. Apr. 24, 2013) ("Corneas!- Six Blaine, MN Franchise Areas").
5 DWT 21791639v I 0 I 07080-000049 B. The Competing DBS Providers Serve More Than 15 Percent of the Households In Each of the Seven Franchise Areas.
The second prong of the Competing Provider Test requires that the aggregate subscribership of competing MVPDs, other than the largest MVPD, exceeds 15 percent of franchise area households.23
DBS Providers track their subscribers according to the ZIP Codes where each subscriber resides, rather than by political jurisdiction. In this case, Comcast relied on ZIP+4 codes associated with each Franchise Area in order to determine the number of DBS subscribers within each Franchise Area. The Commission has previously accepted ZIP+4 codes as "reasonable and sufficiently reliable for purposes of determining the presence of effective competition,"24 and stated its preference for this approach. 25
To determine the relevant ZIP+4 codes for the Franchise Areas, Comcast first contacted
SNL Kagan ("SNL," formerly known as "Media Business Corp."). SNL has developed a process to accurately identify the ZIP+4 codes that correspond with the political boundaries of a particular community. This process utilizes enhanced mapping software that correlates ZIP+4 codes with political boundaries. With this software, SNL was able to identify the ZIP+4 codes that lie within each of the Franchise Areas. 26
23 47 U.S.C. § 543(/)(l)(B)(ii); 47 C.F.R. § 76.905(b)(2)(ii). 24 See Cable One, Inc. Petition for Determination ofEffective Competition in Pocatello, Idaho, 18 FCC Red. 12792, ~ 8 (2003) (quoting Falcon Cable Systems II, a California Limited Partnership, d/b/a Charter Communications Petition for Determination ofEffective Competition in Twelve Oregon Cities, 17 FCC Red. 4648 (2002)). 25 See Public Notice, "Commission Announces New Standards for Showings of Effective Competition For Cable Service," 23 FCC Red. 12067 (2008); Public Notice, "Commission Clarifies Standards for Evidence of Competing Provider Effective Competition for Cable Service," 24 FCC Red. 8198 (2009). 26 See Letter from SNL (explaining ZIP+4 methodology), attached hereto as Exhibit 4.
6 DWT 2 I 79 I 639v I 0 I 07080-000049 Comcast next provided all of the ZIP+4 codes identified for the Franchise Areas to the
Satellite Broadcasting and Communication Association ("SBCA"). SBCA is the national trade association representing the two major DBS Providers, and it has assumed the responsibility for compiling subscribership data and responding to data requests from cable operators and franchising authorities engaged in effective competition proceedings. The DBS subscriber numbers reported in the attached Effective Competition Tracking Reports ("ECTRs") from
SBCA reflect the total DBS subscribers within the individual ZIP+4 codes associated with each ofthe Franchise Areas. 27
To determine whether the competing providers' subscribership exceeds the 15 percent threshold in each of the Franchise Areas, Comcast compared the DBS subscribership data reported by SCBA with most recent "occupied household unit" figures reported by the U.S.
Census.28 This comparison yields the relevant penetration rates for DBS Providers in each of the
Franchise Areas?9
Franchise Area DBS Penetration
Arden Hills 17.96% Little Canada 17.91% Mounds View 21.80% New Brighton 17.77% North Oaks 19.87% St. Anthony 19.96% Shoreview 20.14%
27 See Exhibit 5 (providing total ZIP+4-based DBS subscribership for each of the Franchise Areas, as well as all ZIP+4 data relied on in the Petition). 28 See Exhibit 6. The Commission has consistently approved cable operators' reliance on decennial Census data in effective competition cases. See, e.g., Comcast- Nine Minnesota Franchise Areas~ 14 (denying local franchising authorities objection to the use of2000 Census data and their attempt to substitute regional estimates); Comcast- Six Blaine, MN Franchise Areas~ 17; Mediacom Minnesota, 18 FCC Red. 12768, ~ 8 (2003); Thompson Cable Vision Company, 17 FCC Red. 22679, ~ 3 (2002). 29 See Exhibit 7.
7 DWT 21791639v I 0 I 07080-000049 The subscriber penetration rate for the DBS Providers in each of the Franchise Areas exceeds the 15 percent threshold required under Section 623(l)(1 )(B) of the Act. Accordingly, these providers satisfy the second prong of the Competing Provider Test. 30
3°Comcast has confirmed that it is the largest MVPD in each of the Franchise Areas. See Declaration of Warren Fitting attached hereto.
8 DWT 21791639v I 0107080·000049 CONCLUSION
Comcast's cable system is subject to effective competition in the seven Franchise Areas under the two-prong Competing Provider Test. Based on the straightforward and objective evidence presented herein, Comcast respectfully requests that the Media Bureau issue an order acknowledging the presence of effective competition in each of the seven Minnesota Franchise
Areas as ofthe filing date of this Petition.31
Respectfully submitted,
Comcast Cable Communications, LLC on behalf of its subsidiaries and affiliates
By: k esley R. Heppler Steven J. Horvitz Frederick W. Giroux
Davis Wright Tremaine LLP 1919 Pennsylvania Avenue, N.W., Suite 800 Washington, D.C. 20006
(202) 973-4200
May 13,2013 Its Attorneys
cc: Steven Broeckaert Michelle Carey William T. Lake Mary Beth Murphy Nancy Murphy John Norton Holly Saurer
31 See, e.g., Time Warner Entertainment-Advance/Newhouse Partnership, 26 FCC Red. 3829, ~ 28 (2011) ("Consistent with our longstanding practice, the order herein is effective as ofthe date the petition herein was filed.") (footnote omitted). See also Charter Communications Entertainment I LLC, 26 FCC Red. 5975, ~ 28 (2011).
9 DWT 21791639v I 0107080-000049 CERTIFICATION PURSUANT TO 47 C.F.R. § 76.6(a)(4)
The below-signed signatory has read the foregoing Petition for Special Relief, and to the best of my knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and is not interposed for any improper purpose.
Respectfully submitted,
Comcast Cable Communications, LLC on behalf of its subsidiaries and affiliates
By:
Davis Wright Tremaine LLP 1919 Pennsylvania Avenue, N.W., Suite 800 Washington, D.C. 20006 (202). 973-4200
May 13, 201 3 Its Attorneys
DWT 217916391' I 0 I 07080-000049 DECLARATION OF WARREN FITTING
I, Warren Fitting, declare, under penalty of peljury that:
I . I am the Senior Director of Regulatory Accounting for Comcast Cable Communications, LLC ("Comcast").
2. I have read the foregoing Petition for Special Relief ("Petition") and am familiar with the contents thereof and the matters referred to therein.
3. I have reviewed Comcast's respective cable subscriber numbers for the Franchise Areas at issue in this Petition, as well as the DBS subscriber numbers provided by SBCA for the individual Franchise Areas as described in the Petition. Comcast is the largest multichannel video programming distributor in the Arden Hills, Little Canada, Mounds View, New Brighton, North Oaks, St. Anthony, and Shoreview Franchise Areas.
4. The facts contained within the Petition are true and correct to the best of my knowledge, information, and belief.
_____,_ i:..._A"'--'~.>... '1 (Q I 2 0 I 3 Date Warren Fitting
DWT 21791639v 1 0 107080-000049 EXHIBIT 1 PSID# 020135
MN0297 ARDEN HILLS MN0300 LITTLE CANADA MN0301 MOUNDS VIEW MN0302 NEW BRIGHTON MN0303 NORTH OAKS MN0305 STANTHONY MN0306 SHOREVIEW EXHIBIT2 DIRECTV Page 1 of2
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~-Pill< ~ ESPCL ESPN Classic 143 ENCRW Encore 0N) s.&P 341 FO>< Soccer Cl!anoel ClJ1 ~ Need some lletp? EACJN Encore Adion :143 FSC 398 ED RAM Encore Drama 345 FUEL FUEL TV ENFAM 5"100191'ariiiy 347 loiLBN loiLBNetwork II!il" 1.52 153 ti~~ ELOVE Encore LDve 346 MLBSZ MLB Network Strike Zone CltJ 1~4 ESUSP Encore Suspense 344 NFL NFL~ 11~omla1Sh t:li1 !55 EWSTN Encore Westerns 342 NFLRZ NFLRedZone MPLEX McvtePI'i9: NBATV NBATV ·t:/i1 156 = NHLN NHLNetwork liilJ 157 _Q~~~~- -- ::)!'lT, t,.WIIa.:-t\.Lt.l.lr¢~11!JQ' , ~J:.t.....,~ USN 402 •--..Un'ii~•;...,JG:ft..a~llllll~..ts UrWe.=l-~ § 01~101-Stipport~(Cit 101) n~~d~~._,mc-,.Stln.-;'!II!Qol Plus o~er 25 Regional Sports Networks ... 111111.,q-:n"'•~ dJIJrl~:U:.~~ -.a11~ ...... oU:r. dlsh. EXHIBIT 3 _ II II
Slarz 667 NEO Cr~kel 219/360/910 Starz HD 658 Telele 1112/817 TLCHD 370 Stan 657 lV Chile 1041824 Syly HD ,, §'''" 658 lV Colombia 188/828 TBS HD 371 SlarzEdge ... AvmlabiP. alac;:u1e w~h 659 TV Dominica 201/883 FSN North HD 372 Slarz~Biocl< 501-503 IN Demand Pay-Per sub~riptionlolimitr.dBasic 660 lVVenezueta 202/884 ESPN HD 373 starz Kkl• & Famiy VIew Events 601 Dl3coveryenEspafiol 374 Stan Cinema 504 IN Demand Pay-Per- 661 UtDtstma 203/1185 ESPN2 HD 602 CNN en Espaiiol 670 lVE lntemactonal 204/019 TNT HO 375 Slarz Comedy VIew Even11 HD 603 FOX Deportes 544 Adult Pay-Per-View 673 SUA Peru 200/!m tltCSporli-IIJ HBO 604 b~N Sport en Espaliol 675 HBO L.aUno 201/882 Ooll Chennet HD 215/3001900 HBD HD 546 Adult Pay-Per-View 605 tr3s 701-706 ESPN Game Plan/ 680 Gran Cine 835 LMN tiD 301 HBO 606 Htsloryen Espaliol 681 DePeUcuta 840 Nlcl II II _ II II 51 El 50 Comedy Central 251 Bloomberg TV 120 SOAPnol 294 TheWord 52 lVLMKI 51 El 255 Big Ten Network 121 DIY 607 mun2 53 D~ney Channel 52 lV Umd 258/887 Big Ten Networ11; HIJ 122 Coo~ng Channel 620 nuvoTV 55 Cartoon Network 53 Doney Chann~ 401·446 MLPllicCholce 129 Nlckloons 625 Galavllllon 263 Wllf:W (Tht Co!Jdq 102 ESPNOW1P 56 Animal ~anel 54 N~kelodoon 624 Tolomundo 130 Tho Hub 749 NBA lV ~~Wlrll)· 172 Fox Movie Channel sa A&E 55 Cartoon Network 692-li93 Comcasi/Big Ton 131 N~kJr. 821 DntinaUon America HD 291 EWTU' 1eo NFL Network 59 013C0Very Channel 56 Animal ~an .... 181/rr78 llltN~HD 60 History 57 ABCFamHy 814 HSN HD 133 ToonN~k B31 Dlonoy XD HD 257/1174 NBA TV HD 810 WGH Amt'rlcl HO' 66 BET 58 A&E B16 QVC HD 134 Encore Family 847 Fo<8_N_HD 262 FoxCollegoSpor1sAIIanllc 814 KSII ~o· 59 Discovery Channel 620 Travel Channel HD 135 Disney XD 655 CMTHD 5 1\STP (.Iat) 67 HallmarkChallnel 263 Fox College SporllP Cenlnll a1s ave He· 116 H2 60 History B30 FX HD 137 Doney Junior 857 TV One HD ~G /ol o~oGRoi\Onalll«m 931 S!.'ABll II EXHIBIT4 August 14, 2012 Davis Wright Tremaine LLP 1919 Pennsylvania Avenue, N.W. Suite 800 Washington, DC 2006 To Whom It May Concern: SNL Kagan utilizes a multi-step process to accurately Identify cable client franchise areas and associated ZIP and ZIP+4 Codes. (A ZIP+4 Code Includes the five digits of the United States Postal Service ZIP Code, a hyphen, and four more digits that determl ne a more precise location than the ZIP Code.) This methodology was developed to address the potential shortcomings In utilizing 5-dlglt ZIP Code data for "Effective Competition" petitions. The basic methodology has been In place for several years and has been used successfully In many Effective Competition cases at the FCC. Because ZIP Codes and municipal boundaries are created and managed by different government authorities, the boundaries of ZIP Codes and municipal boundaries often overlap. ZIP Codes frequently span between and beyond municipal boundaries. Z1P+4 Codes, however, usually reside in one and only one municipality. SNL Kagan uses Place, Minor Civil Division (MCD), and County boundaries from Dynamap" a division of Pitney Bowes Business Insight, to determine municipal boundaries. SNLKagan uses the Dynamap" ZIP+4 Centroids database, which contains ZIP+4 centroid correspondence for virtually all deliverable ZIP+4s, to identify ZIP+4 Codes within municipal boundaries, among the over 60 million ZIP+4s In all 50 states, DC, and Puerto Rico, based on current data from the USPS and the U.S. Bureau of the Census, and the Tele Atlas master street database. SNL Kagan then utilizes Its ZIP+4 Code mapping to enable our clients to obtain proper "Direct-to-Home" (DTH) subscriber counts for their respective franchise areas by tracking DTH subscribers at the ZIP+4 Code level. (Where SNL Kagan determines that a ZIP Code falls entirely within a franchise area, however, It is unnecessary to Identify DTH subscribers at the ZIP+4 Code level for that 5-dlglt ZIP Code. In these Instances, SNL Kagan Identifies such 5-dlglt ZIP Codes and, accordingly, DTH subscribers are Identified by the 5-digit ZIP code only.) Only ZIP+4 Codes that meet specific criteria are included In this report. The following criteria must be met: • The centroid of the ZIP+4 Code Is within the franchise area; and • The USPS ZIP+4 Record Type (from Dynamap~ ZIP+4 Centroids) Is either H- high rise or S-street. our methodology has been used by many multiple system operators (MSOs) as part of their Effective Competition relief efforts, and we believe this methodology produces the most accurate and detailed view of ZlP+4 data as It relates to cable franchise areas. ~~~~~~-----~ Senior Product Manager ' SNL Kagan Financial Institutions I Real Estate I Energy I Media & Communications One SNL Plaza, PO Box 2124, Ctlarlottes•1ille, VA 22902 I +1.434 .977, 1600 I + 1.434.977.4466 fax Ahmedabad I Arlington I Boston I Boulder I Islamabad I Jersey City I London I Monterey I New York I Richmond I SNL.com EXHIBIT 5 SBCA ECTR Summary Pages ZIP+4 Data provided on CD included with the exhibit. A hard copy of the ZIP+4 data is available upon request. ECTR - Effective Competition Tracking Report Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report Is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for Arden Hills, MN 531 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 mesteves@sbca .org Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served in a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) Inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 ECTR - Effective Competition Tracking Report SacA> Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for Little Canada, MN 787 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 mesteves@sbca .org Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served in a mu!tiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive acco.unts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 ECTR - Effective Competition Tracking Report sa eN Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count J Requested total for Mounds View, MN 1080 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 m esteves@ sbca. o rg Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served in a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 ECTR - Effective Competition Tracking Report SBcA> Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report Is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for New Brighton, MN 1584 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 mesteves@sbca .org Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served in a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courte:;y or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 ECTR - Effective Competition Tracking Report sBcN Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for North Oaks, MN 347 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 mesteves@sbca .org Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served in a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are Included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 ECTR - Effective Competition Tracking Report SBcA> Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for St Anthony, MN 768 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 [email protected] Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served In a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 ·fax 202-349-3621 ECTR - Effective Competition Tracking Report SBcA> Provided by Satellite Broadcasting and Communications Association Pursuant to Section 76.907(c) of the FCC Rules, and your effective competition tracking request dated March 14, 2013 please find the following Direct-to-Home (DTH) satellite subscriber numbers per zip code (and/or zip+4 where necessary). The provision and use of this Effective Competition Tracking Report is governed by and subject to the terms and conditions of the Agreement for Provision and Use of Confidential Data, between your company and SBCA. Report Date: March 22, 2013 ZIP Codes DTH Count I Requested total for Shoreview, MN 2095 Data is current through 2/28/2013 Report Prepared by: Martin Esteves Manager, Membership and Data Management 202-349-3630 [email protected] Methodology: Direct-To-Home (DTH) subscriber data reflects aggregated DIRECTV and DISH Network residential subscriber totals. The following data collection procedures are applied by Members in the normal course of business: a) single accounts with multiple receivers are only counted once; b) commercial and test accounts are not included; c) each occupied unit served In a multiple dwelling unit building has been counted as a separate residential subscriber; d) zip codes are taken from service locations (not billing addresses, where different); e) inactive accounts are routinely removed; f) invalid (undeliverable) addresses have been corrected where known; g) courtesy or complimentary accounts are included; and h) zip code information for Members' subscribers is periodically updated to reflect changes to zip codes by the United States Postal Service. SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION 1100 17th Street NW • Suite 1150 • Washington, DC 20036 • phone 202-349-3620 • fax 202-349-3621 EXHIBIT 6 American FactFinder - Results Page 1 of 1 1 Adv3oced Search 2 Tabfo Vlcwor RC!llull1 Of1 VIEW ALL AS PDF H1 OCCUPANCY StATUS Universe: Housing units 201 o Cem;us Redistricting Data (Public Law 94-1711 Summary File J BACK TO ADVANCED SEARCH NOTE : For Information on conftc'anti o ~ty protoc~on . non&llng OII'Or, and d&finlllons. saa hllp:/lwww.ccn•u•.gov/prW/c:cn20 101p$ q.171 pdf NOTE : Change to tne car ,rornr.:l , Con>~oc t lelJL M iSftiSSipp! . Ne w ~IBmpshlla , VI r g t n l o . ancl Wastlington P. L 94-171 Summary Fllos as denvorod. Ardon Hilla city, Lillie Conod• Mounds Vlow : Now Brlghlon j North Oaks olly, l St. Anthony city (Hennepin and Shorovlow city, Ml n nooo~, city, Ml nneo~lll oily. Mlnnoooto 1 city, Mlnnooola Ml~oo l a ~, Ramsay Cou!'.tloa), Mln~esola Mlnneoota :i Toral 3.053 4,689 5,221 9,479 1.868 4,098 10,1!26 •J Occupfeo 2.~57 4.393 4.954 t 8.915 1.745 1 3.948 10.40~ Vacant 95 296 261 ; s6•t I 122 ' 250· ~ 'l 4 Source: U.S. Census Bureau, 2010 Census. Source: U.S. Census Bureau 1 American FactFinder http://factfmder2,census.gov/faces/tableservice.s/j sf/pages/productview.xhtml ?pid=DEC_l... 4/29/2013 EXHIBIT 7 2010 Census Total DBS Occupied Housing Community State Subscribers Units DTH Penetration ARDEN HILLS MN 531 2,957 17.96% LIITLE CANADA MN 787 4,393 17.91% MOUNDS VIEW MN 1,080 4,954 21.80% NEW BRIGHTON MN 1,584 8,915 17.77% NORTH OAKS MN 347 1,746 19.87% STANTHONY MN 768 3,848 19.96% SHOREVIEW MN 2,095 10,402 20.14% CERTIFICATE OF SERVICE 1 I, Deborah D. Williams, do hereby certify on this 13 h day of May, 2013 that a true and correct copy of the foregoing "Petition for Special Relief' .has been sent via U.S. mail, postage prepaid to the following: Patrick Klaers Mark Casey City Administrator City Manager City of Arden Hills City of St. Anthony 1245 West Highway 96 3301 Silver Lake Road Arden Hills, MN 55112 St. Anthony MN 55418 Joel Hanson Terry Schwerm City Administrator City Manager City of Little Canada City of Shoreview 515 Little Canada Road East 4600 Victoria St. N Little Canada, MN 55117 Shoreview, MN 55216 Jim Ericson Coralie Wilson City Administrator Executive Director City of Mounds View North Suburban 240 1 County Road 10 Communications Commission Mounds View, MN 55112 2670 Arthur Street Roseville, MN 55113 Dean Lotter Stephen Guzzetta City Manager Bradley & Guzzetta, LLC City of New Brighton 1976 Wooddale Drive, Suite 3A 803 Old Hwy 8 Woodbury,MN 55125 New Brighton, MN 55112 Melinda Coleman City Administrator City ofNorth Oaks 100 Village Center Drive, Suite 230 North Oaks, MN 55127 Deborah D. Williams DWT 21791639vl 0107080-000049