must carry would be felt system by system. 22/ The Congressional Budget Office

noted the inadequacy of aggregate figures in a similar context, pointing out that

"[t]he national averages for households subscribing to a cable service

oversimplify the picture for projecting the length of the transition because the

BBA's 85 percent test is applied market by market rather than nationally." CBO

Report at 25. The fact that the adverse impact of dual carriage requirements

would be more pronounced in smaller capacity systems is not evidence of a lack of

impact, as broadcasters suggest. To the contrary, it demonstrates that must

carry rules would most seriously affect viewers who already have fewer

programming choices.

In any event, there is no basis for the widely-posited assumption by

broadcast commenters that cable systems of 750 MHz would not be harmed by

dual must carry requirements. NAB claims that cable systems with such

capacity (approximately 115 six MHz channels) will suffer less of a relative

constraint than did cable systems under analog must carry, and that the

22/ Broadcasters argue that the impact would be minimal because over half of all cable households will be served by 750 MHz systems by the end of 2001, with that number growing to 67.78% by the end of 2002. However, the National Cable and Telecommunication Association pointed out that 80 percent of cable customers subscribe to systems with three or fewer available channels, while more than half subscribe to systems with no available channels. See NCTA Comments at 17. See also Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, FCC 01-1, Table B-3 (reI. Jan. 8, 2001) (showing that just over 1 percent of all systems provide 91 channels or more) ("Video Competition Report").

24 Commission's First Amendment concerns should be allayed. NAB Comments at

32, 35-36. Public broadcasters ask the Commission to phase in must carry

requirements starting with 750 MHz systems, and suggest that Congress should

reduce the channel capacity caps for broadcast signal carriage. Public

Broadcasting Comments at 8-9. However, neither the commercial broadcasters'

analysis nor the public broadcasters' proposal addresses the core constitutional

problem presented here.

As the broadcasters inadvertently acknowledge, the analysis of First

Amendment burdens is inextricably related to the statutory objectives. See, e.g.,

NAB Comments at 36 (Turner II upheld analog must carry because the burden

was "congruent to the benefit it affords"). Where, as in the case of dual must

carry, broadcasters' proposals are not backed by statutory objectives, reviewing

courts will not tolerate restrictions on speech since there is no fit between

benefits and burdens. The Supreme Court most recently reaffirmed this

principle in Lorillard Tobacco Co. v. Reilly, 121 S.Ct. 2404, 2428 (2001), finding that "there is no de minimis exception for a speech restriction that lacks

sufficient tailoring or justification." Thus, where the burden on speech is not

balanced by furthering statutory objectives, even a small restriction or burden violates the First Amendment. See also Court TV at 18-19 (citing, inter alia,

25 Greater New Orleans Broadcasting Ass'n v. , 527 U.S. 173, 183

(1999». 23/

In any event, the adverse impact of a dual must carry rule would be

significant. Broadcasters' claim that the "relative burden" would be less than for

analog must carry is false because it addresses only the impact on cable operators

and assumes there has been no change in the programming market. The

relevant comparison is not the percentage of capacity that would be devoted to

broadcasting channels under a dual carriage rule compared to the percentage of

capacity occupied under analog must carry. From the cable programmers'

perspective, the relevant inquiry is the extent to which increasing the number of

channels reserved for broadcasters reduces carriage of non-broadcast channels.

Viewed in these terms, any dual must carry rule would be quite

burdensome, and the fact that larger cable systems have upgraded to 750 MHz is

no comfort. As far back as 1999, the FCC counted 214 available networks, with

more prepared to launch. See Video Competition Report at 101, 127-129. NCTA

points out that the number of cable programming networks grew from 79 to 231

23/ The recent district court decision upholding the constitutionality of the Satellite Home Viewer Improvement Act of 1999 ("SHVIA") must carry provisions is irrelevant to this proceeding. See SBCA v. FCC, Civ. Action No. 00­ 1571-A (E.D. Va. June 19, 2001). That case did not address any of the 1992 Act's statutory objectives. In addition, the court in SBCA u. FCC expressly relied upon optional nature of SHVIA's must carry provisions, which apply only when a satellite carrier chooses to take advantage of the compulsory license provided in Section 122 of Copyright Act. Here, however, broadcasters are not proposing optional carriage requirements.

26 between 1990 and 2000, and the number is expected soon to reach 280, counting national and regional networks. See NCTA Comments at 19 & Appendix. In addition, a host of new services compete for bandwidth on cable systems, including high-speed Internet access, IP telephony, pay-per-view serVIces, interactive television and digital audio, to name a few examples. Id. at 18-19.

The 115-channel capacity of even the largest cable systems cannot begin to keep up with the range of new services, much less the average cable system with 65 channels. Id. at 19. Accordingly, each new channel devoted to a duplicative must carry requirement will cause the sacrifice of a cable service that otherwise would be able to compete for carriage. The fact that broadcasters want to be guaranteed a "mass audience" before they will invest in their own digital programming cannot justify such a restriction.

27 CONCLUSION

For the foregoing reasons, and those set forth in Court TV's initial comments on the Further Notice, the Commission should affirm its tentative conclusion not to adopt a dual carriage requirement for digital broadcasting. Respe~~u;0I¢:tted,

/!.1;~..:iJg;.f/)J " .··1.' By_--r---'-_'""'\.,.; fr::rV)i'o./t _ J Douglas P. Jacobs Executive Vice President and General Counsel BYY&d\0 Glenn Moss Senior Vice President for Business Affairs and Affiliate Relations

Courtroom Television Network, LLC 600 Third Avenue New York, New York 10016

August 16,2001

28

\\\DC - 63153/8 - #1359129 v4 ATTACHMENT A The Wheels ofJustice Turn Out Ratings, Revenue for Once Struggling Network ---,

A SPECIAL SUPPLEMENT TO BROADCASTINGICABLE Multichinnel Cablevision AOL Time Warner

,.l!,,,,..I~.:.. ,. 1imeInc. 4Ilt) _~ ~~~!,~:::ER ~ TRADE PUBLISHING ~NER MUSIC GROUP INC. TEN YEARS OF TR1AL AND ERROR Courtroom, Drama Now Combine to Deliver Numbers for Court TV

By Rion Weatherford

ome telev1sion cntlcs said it Warner and Liberty would :lever viori<: }Uter all f\,1edia have commit­ who would sit arouI1d all day ted $140 million over Sand watch a trial? Now, ten the next two years to years later, even Court TV's most develop original vocal CritICS concede the network is series, documen- on to somethiI1g taries, and even It took a clramallc philosophIcal made-for-TV shift. however to Jumpstart the movies channel toward ratmgs success. The charmel that The critICS were correct to the launched with barely extent that a televlslcm channel 4 milhon sub­ NYPD Blue joins the Court TV primetime lineup this fall showmg nothing but tr:als would fail scribers in 1991 now to generate a consistently large boasts nearly 65 mil- audience One of broader scope, lion. Primetime ratings have soared - hve, unfiltered coverage of the encompassing a vvide variety of more than 600 percent since the nallon's most notorious court cases. issues programming coupled with channel's "relaunch" in January, "It distinguishes us from any courtroom coverage might suc­ 1999, and are closing in on the cov­ other network out there," said ceed, even flourish. eted 1,0 household rating at which Henry Schleiff. Court TV chairman Today Court TV is home to some point a cable network can be con­ and chief executive officer since of television's most popular off-net­ sidered to have "made it." 1998. "In a world of 200 or so net­ work dramas, mcludmg "Homicide Even with all the changing and works there is no other that comes Life on the Street." and, soon, rearranging, however, Court TV with that calling card, and by defini­ "NYPD Blue" Co-owners AOL Time remains true to its onginal mission tion nobody does it " Since its debut on July 1, 1991, Court TV has teleVIsed all or parts of more than 730 trials. In the Oklahoma Bombing/McVeigh beginning, however. there were M(Vei~ plenty of people who concluded United States vs. that trial coverage alone would fail APRIL-JUNE, 1997 to generate the kind of viewer and advertiser support that Court TV Timothy McVeigh is con­ just days before when the would need to survive. To a great victed on 11 counts relat­ FBI admits that it failed to extent, they were nght. ed to the bombing of the disclose hundreds of docu­ "I was around when they Murrah Federal Building ments relating to its inves­ in Oklahoma City in which tigation of the bombing. launched, and can't say I thought 168 people died. Sentenced After a quick round of the network would ever catch on in to death, McVeigh's execu­ appeals McVeigh was exe­ a big way" said James Endrst, the tion was originally cuted at the federal peni­ Cahfornia-based television critIC scheduled for May, 2001, tentiary in Terre Haute, Ind. for the Hartford Courant. but is abruptly postponed on June 11,2001. A writer at Newsday once called the charmel's programming "repul- i J (.

American Lawyer Media. movies. Schleiff turned to 10ng-tL'11e CablevislOn Systems and Liberty Time Warner executive Art Bell te Media HIS fJrst hire for the new ven­ develop a branded progra..'11mL'1g ture was Fred Graham. who had and marketmg strategy to extend been the first attorney hired to Court 1Vs identity cover the legal beat for The New 'The single bIggest decision we York Times. and later for CBS News had to make was how to build this "I was the entire staff at Court 1V channel around the subject matter at first," Graham recalled. "I would that was suggested by tnal cover­ come up and sit at a desk in the age," Bell said 'We had to figure out newsroom right outside 's what to do to make it a channel that door. That was our entrre operation took the entire system as its subject for a while." matter in all forms of program­ "Homicide: Life on the Street" was the first off-net­ It took fJve years for the network rning." work drama to join the Court TVprimetime schedule to break even. fairly typical for a It was a make-or-break change new cable net. By the time Court1V ofheart. Bell and Schleiffwere plan­ celebrated its fifth anniversary in ning to take a channel that had 1996, it could be seen in roughly 25 been positioned for years as a million cable households. less than provider of high quality non-fiction half the universe of CNN at the time television, and broaden it in an Brill announced plans to roll out effort to build a new viewer base. regional versions of the network. "There was a lot of skepticism but the concept never got off the about the decision, a lot of second ground. guessing and hand wringing," Bell Neither did Court 1V's ratings said. "But we were in the kind of With the exception of some big position I like in a business proposi­ name trials such as those involving tion the upside was huge, and the ''Attica, " a two-hour special report on the accused rapist William Kennedy downside was limited." 1971 prison uprising highlights Court TV's 2001-2002 documentary schedule Smith, and OJ Simpson, few people Bell went on a shopping spree watched. The curiosity factor had backed with a $100 million line of worn off. credit from the channel's owner­ sive," criticizing it for "evaluating By 1998 Brill had exited the ship. He picked up re-runs of the other people's misery in terms of channel he founded, NBC had popular broadcast series entertainment value." bought a one-third interest, and dis­ agreements had broken out among Brill's vision the channels owners. Moreover, Court TV: originally known as the Court 1V suffered the characteristic Courtroom Television Network. was curse of non-fiction television. Executive Vice the brainchild of magazine entre­ Without a whopper of a trial to draw President, Programming and preneur Steven Brill. an editor and viewers. ratings seldom rose above Marketing Journalist who was infatuated with a 0.1, barely measurable on a the Idea of putting trial coverage on national scale. The ship was rud­ televiSIon. derless, and a big change would be Joined Court TV: 1998; In current "Brill's idea of journalistically necessaryifCourt1Vwere to make position since March 2000 how to present a televised trial it into the new millennium. without any focus groups or any­ Education: Bachelor of Arts with distinction in economics, thing else was brilliant, and it Enter Henry Schleiff Swarthmore College; MBA, Wharton worked." said Lloyd Trufelman, a Time Warner and Liberty Media School, University of Pennsylvania New York PR executive who han­ bought out NBC for $70 million in Family: Married 10 years to Carrie dled publicity for the network in its 1998, and brought in Henry livingston Bell. Two children: early years. Schleiff, a veteran of Viacom and Steven (8) and Julia (5) Brill lined up funding from Studios USA, to run the show While Home: Larchmont, NY \lIJarner Communications (since at Viacom, Schleiff had shepherded morphed into AOL Time Warner). several lawyer-like projects, includ­ Hobbies: Classical piano, skiing, golf Other early investors included ing "Matlock," and the Perry Mason

-"

"There was a lot in willch four voung ~nrls dle::: of skepticism about • "NYPD Blue." the popular bros':: cast series that Coun 11: v::l.'. the decision... but share in a ll..'1:que arrangeme:1t wIth Turner NetvVork Televlslcr: we were in the kind (TNT). of position 1 like The Internet will plav a big role in Bell's plans Early this vear Cour: in a business T\! acqurred " (www.thesmokmggun.com) and proposition: the 'The Library" (www:cnmell­ brarycom) , two top Web sHes upside was huge, devoted to crime and Justice tOPICS Its own site. Cournv.com. frequently Early 2001 marked the premiere of "Catherine Crier Live, " a daily and the downside engages viewers with such features featuring the former judge and guests as the"13th Juror," a daily interactive reacting to the top legal news of the day was limited." survey on current issues in the news and in the courts. Homiclde Life on the Street." and Bell plans to create a substantJaJ the reaJity-based "Cops" series. He ART BELL. buzz for the new additions to his green lighted more documentaries Executive Vp, network scheduJe with a $25 million programming and marketing) and ongmaJ senes, and hired high­ marketing budget. and hopes this IS profile faces like Catherine Crier, the summer durmg which Court T\! whom he lured from Fox News reaches that elusive 1.0 rating. CharmeL • 'The System," an ongoing series 'We get a lot of audience coming The resuJts so far have been that takes an inside look at the in to check out what's on cable dur­ nothmg short of astounding. Once many complex dimensions of ing the summer. and we're putting among the lowest-rated of the low­ the U.S criminaJ Justice system: some pretty good stuff together," rated cable networks, Court T\! now • "Attica." a two-hour documentary Bell sud reguJarly regJsters in the range of commemorating the 30th anni­ y' . re up there knocking on the 0.6 to 0,7 within its cable and satel­ versary of the nations worst dOOl ::f the [other networks] with lite unJVerse, a far cry from the near prison uprising: our' .:Tletime scheduJe," Schleiff zero "hash marks" it saw just a few • "A Bombing in Birmmgham," aadl ",Ve are a vibrant. growing short months ago. The network's Court T\!'s first feature-length netvv"~;k, and we want the world to delivery of primetime households movie, focusing on the 1963 knov; has risen more than ten-fold to an average of 385,000 "They really had to try and stabi­ lize their viewership for advertising purposes," said Eric Deggans, tele­ california vs. vislon critic for the StPetersburg ~Ie and Erik Menendez , Times, "I'm not at all surprised that BIGGEST TRIALS they moved toward developing JULY, 1993-JANUARY, 1994. first trial ended senes and getting syndicated pro­ in mistrial. AUG, 1995-MARCH 1996 gramming so they can develop an audience they can count on day The Menendez brothers faced trial twice after day" for the shotgun slayings of their parents in the At recent upfront presentations, family's home in Beverly Hills. The first trial Bell promised an even more hard­ ends in a mistrial when jurors cannot settle on hittmg lineup, rangmg from new a verdict. In March, 1996, a second jury finds documentaries to the network's first the brothers guilty of first-degree , and feat'.lre-length made for T\! movie. sentences them to life without parole. Highlights mclude

_._------

SCHLE1FF BREATHES L1FE lNTO COURT TV

held senior positions at Viacom His Experience HBO, Universal Television Group And Leadership Are and Studios USA. His legal career came full circle when he joined Schleiff: I got a call from old Key To Channel's Court TV in 1998. friends at Time Warner starting with In a recent conversation, Schleiff [then chairman] Gerry Levin, who Turnaround talked about his career, his love for said that they were looking at really television, and Court TV's remark­ investing in this little network. He By Rion Weatherford able ascension under his tutelage. talked about streamlining the own­ The following is an edited tran­ ership and adding an element of script. entertairlment beyond what existed y the time Hemy Schleiff at the time. The idea of that kind of arrived three years ago, RW: When you got to Court TV in challenge, running a network was Court TV was in bad need 1998, the network was on shaky very appealing. Bof a makeover, With ane­ ground, with fewer than 30 million The ratings were somewhere mIc ratings, dismal financials and subscribers, and negligible ratings, between a hash mark on a bad mediocre distribution the network V'!hy on earth did you take the job? night, and a 0.1 on a good night. was struggling to stay afloat. It pre­ Vife're now up around a 0.7 consis­ sented the perfect challenge for an tently, and trying to crack that elu­ ex-lawyer turned television guru, sive 1.0, We are a vibrant, growing With renewed backing from net':':)rk, the fastest growing in owners Time Warner and Liberty caL= and I think we're up there Media, Schleiff embarked on a pro­ Rorida , ::1 -:'-'g on the doors of the others gramming and marketing binge the V5. 'i: ~ur primetime schedule, likes of which Courtroom Television had never seen. William RW: .;re you surprised at how swift­ The results have impressed even ly th:ngs have turned around? the most cynical of critics Ratings Kennedy and revenues have soared. Smith Schleif!: No, I'm not. To be icono­ Moreover, both viewers and indus­ clastic, I think the public is pretty 1991 try insiders alike began to take smart. If you give them what they notIce of what was happening want, give advertisers what they Arguably Court lV's first ratings After completing his undergrad­ blockbuster. After ten days of tes­ need and cable operators what they uate and law degrees from the timony and 77 minutes of delib­ need and want, they'll run with it. University of Pennsylvania, Schleiff eration, a jury in West Palm You are dealing with intelligent con­ went to work as a law clerk for a Beach, Fla., finds William Kennedy stituencies in all three. The chal­ federal judge in NewYork. It did not Smith, 31, not guilty of felony leL

COURTdJiJ""" ...... "J ".-

WARNER BROS. DOMESTIC CABLE DISTRIBUTION An AOL TIme Warner Company TM & © 2001 Warner Bro<. AD RighI> Reserved. ff"\ I ! SPECIAL SUPPLE"'''T ~O BROADC' STIN~ & ~. 5 E ~.~. c,'~,~" . t ''1 "" ~ ~ .•• •. 'I ,1I : '_ _ ~~I:.~ : __ ~_:::.::_'::.t-'~,::.:.i~~~:::~::.-~:. -.:.:~:. :..:~.~

RW: HON IIllY"'..h the scales of]usnce Nov'! its a fm;rer­ Schleiff: ImitatIon as they S,,': ;" of the turn print VVhat does that say about the the highest form of televls:o:1 : :;l.;,c arOlmd has networks evolution over the years? the fact that we are drawmg :m:U­ been Henry Schleiff: Sometlffies you want to tors I have the highest regad for SchleJif, and hON change things just for the sake of Barrys programmmg mstmcts and much has been chan;re vVe wanted to armOW1ce 1m dellghted with competltion pure luck? early on that we were not your Qwte honestly however. we see our grandfather's old network and that competitlon as being the whole W11­ Schleiff: Luck we wanted to bring in our own verse, Our nurnbers take a hlt when is the residue imprimatur, 'vVe are now united "The Sopranos" IS on, or wher. there of skill, My W1der a brand that is W1derstood IS a m the genre of cnme luck was com­ both internally and externally We and justice, The whole world IS a Court 7V Chairman and CEO Henry ing into a situ­ are a network that represents the competitor for us. Schleiff battles WIts with "Millionaire" qUlZmaster Regis Philbin atIon where premier player in the world of ------there were a crime and justice, whether it is RW: Is there one program that you lot talented information or entertainment. day­ truly covet for Court TV? people Yes, we have added time or primetime, s orne new people, but by and Schleiff: Everybody would like to :arge the luck was having in place RW: Barry Diller has said he is have "The Sopranos," but gIven the people WIth good Ideas. energy, developing a new network "Crime,' restnctlons that exist in an advertis­ tenacitf and passion for laW1ch this year, It could be a mg based environment. that's prob­ direct competitor to Court TV How ably not going to happen, so I am RW: Court TV's early logo depicted does that affect your strategy? delighted that we are going to have the edited versIOn of it. \IVhen [HBO ChaIrman and CEO] Jeff Bewkes reads that you can pick hlffi up off the floor (laughs). Seriously the one series we real­ CONGRATULATIONS ly wanted was "NYPD Blue," and were happy to be able to acquire it in a way that will allow us to play it in COURT TV! primetime. RW: How long will the public's infat­ WE LOOK FORWARD TO CELEBRATING uation WIth "reality" television last?

20 YEARS WITH YOU! Schleiff: The documentary kind of work that were doing is very differ­ ent from what I see as game shows for entertamment's sake, in which you have a choreographed compe­ OMARA tition complete with body doubles, as we recently found about CONSTRUCTION PROFESSIONALS "SurVlVOr." I am not knocking It. but I think you have to be careful when you use the word "reality" The qual­ 125 Maiden Lane, New York, NY 10038 itative, inCIsive, riveting, compelling (212) 412-7177 look that a true documentarian can [email protected] provide can be both informative and entertaining, and that has been aroW1d for a long time. Whether Get the OMARA ADVANTAGE!!! some mean-spirited game show host diSguIsed as reality will come and go, I can't say 11

RW: You have hardly mentlOned hanclicap. gomg toward 28 as we tainment. Its more important ti-Ja.'1 Court TVs da'y1une programmmg speak. I have four putters lined up in brain surgery, you know In bram sur­ including live tnal coverage. How my office. and I still cant make a gery there are only so many pahents do you see that changmg? three-foot putt that you can save. In entertamment you have the ability to reach out and Schleiff: Trial coverage remams RW: If you had not gone mto televi­ maybe convey a message If you can the foundation on which Court TV is sion, what would you be doing now? inform. entertain and inspire people. built. It is an unportant and distin­ even for a little cable network if you gUlshmg feature something no Schleif!: I would still have probably can make a difference in people's other network out there can offer In ended up in some aspect of enter- lives. that is really important. a world of 100 or 200 charmels there is no other netvvork that comes with that calling card. and none can do it better. Tnese tEalS are soap operas July 2001 in the best sense of the word. Henry Schleiff RW: How does the Internet fit into Court TV your plans? 600 Third Avenue New York, NY 10016 Schleiff: vVhat we do on the Internet (wwwcourttvcom) is pro­ LE Dear Henry: vide additional information about trial participants, the issues, the a dY A good idea is nothing until it's executed cases. and allow our viewers to properly. interact and share their opinions. The strength of an organization is only as Giving our auclience the chance to contact anchors and express a point good as the quality of its people. of view really makes the web site unique. A lot of networks talk: about If it ain't fun, why do it?! integratmg the Internet with their h t you and your excellent team prograrrunli1g. but we are doing it Henry, WI. ~ed at Court TV in such a short have accomp IS and even more rime is a thriII to see ... · RW: VVhat do you do when you're not working? thrilling to be a part of! ·d . FORENSIC Th nks for your conh ence In Schleiff: I tend to think about work aW d Medstar Television are proud FILE.S e an d f nce of your signature I read a lot, especially the trades. I f h lity an per orma take great pleasure out of reading o t e .qua . II our CABLE ready producers forenSIc series. A t nities to contribute the same point in every trade. By the look forward to more oppor u tune I read it three or four times I to your succesS in the future. think I really understand it I spend time with my family, my wife Art Mary Lynne, Mark, Ed, Ron, Peggy, who has been very support­ To you" 'd II thanks for the Jody Annabella, Doug an a ·fu··· f I th no your ive and who has a great sense of leasure of your company, e . humor, unless I come home too late. p. d the excitement of watching you parties an 11 I) My sons. Harry (12) and Sidney (9) grow exponentially....and (I e us. are just a delight We live in the city HAVE FUN DOING IT!! and have a country house in the Hamptons. I try to get there as much Happy 10th Birthdayl as possible, but haven't been out there in about two months. I play tennis, I love golf Have been playing golf for about 25 years with­ out any real progress. I am a 14 I' AMER1CAN PUBL1C HUNGRY FOR TH1S K1ND OF TV

Cameras in the Most observers agree that court­ flIed and that n was a Just result." room coverage on live television has Graham said. courtroom show done much to educate viewers and help them better appreciate the Educating the public true behind-the­ sometimes complex irmer workings "If you watch Court TV you have a of the criminal justice system. healthy respect for what the Jurors scenes action have to do." saId Lucy Dalglish. Television and executive director of the Reporters the courtroom Committee for Freedom of the by Sherri Killam-Williams The far-reaching effects of cameras Press. based in Washington, DC in the courtroom are amply illustrat­ Dalglish is no stranger to the ed by the Diallo trial. cited courtroom. A former litigator. she here's always THAT by many as a good case for the became mterested in the law after moment at the end of a benefits of live trial coverage working as an editor and a reporter . Perry Mason episode, the four members of the New York covermg the courts at the St. Paul TiIlstant at which you are pre­ Cnme Unit killed Diallo on Feb. 4, (Mirm) PIOneer Press. The public, sented with incontrovertible eVI­ 1999, as he stood on the stoop of his she saId. has become very accus­ dence that the defendant is either apartment building. Undercover tomed to seemg trials on TV guilty or not guilty of the crime officers fired 41 shots, 19 of which Ian Marquand. special projects In the ten years that Court TV has hit Diallo as he reached for his wal­ director for the Montana Television carried gavel-to-gavel coverage of let instead of showmg his hands as Network. a CBS affiliate based in tnals, viewers have begun to realize commanded. A jury in Albany; NY, Missoula. Mont., agreed. that those 'gotcha' moments in real acceptmg the officers' testimony :us have become something tnals don't always happen. that they believed Diallo had a sf ~ectator spor!," he said. 'We "Perry Mason moments are few weapon, acquitted the officers of "'f :e legal process on television and far between," said Henry murder charges. . - i:e big sporting events. We Schleiff. Court TV CEO and chair­ Televising the Diallo case proba­ ::re .,or commentary and we get man. "On Court TV what they see is bly helped prevent riots in New aIlG.·...,:s that there's a lot of work, that the York City, said longtime Court TV h~.:liquand, the national freedom system of justice is a slow-movirlg anchor and managing editor Fred of mformation chairman for the process in which intelligent argu­ Graham. SocIety of Professional Journalists, ments are put forth on both sides. "People were able to see that it hopes the presence of cameras in It's a process that the citizens bene­ was a fair trial and that the officers the courtroom has given Americans fit from seeing." had reasons for firing the shots they a better appreciation ofhow the judi-

The Unabomber United States vs. Kaaynski NOVEMBER 1997-JANUARY 1998 Local police and federal agents chase the elusive Una bomber for nearly two decades before a tip from his brother suggested that Theodore Kaczynski, a reclusive techno­ p~obe, might ?e th~ man responsible for the worst string of serial bombings in U.s. history. FollOWing hiS arrest and some legal maneuvers Kacyznski pleads guilty to thir­ teen counts in attacks that killed three people. He is sentenced to life in prison with­ out parole, but is spared the death penalty. The verdict is in.

Court TV GUILTY of success.

Congratulations on your first ten years.

from your friends at I.S. Bienstock, Inc. The News Agency... and much more. www.nsbienstock.com • • Clal process works and the strengths media profeSSIOnals believe that The NewYork Tlilles, CBS News ar.j of the Jury system. a thought echoed the judges and lawyers ignore the Court TV believes Juror mtel'news by Court TV's Graham camera's eyes to focus instead on conducted by Court TV lead VIewers 'We've seen about 800 trials and the jurors to a clearer understanding of the out­ what we've seen that the Jury usual­ "] actually don't think a camera come of a case. 'They (the VIewers) ly gets it right" Graham said. "In the by itself has an impact - lawyers see that it's not the sort of 'gotcha' vast majority of cases we would and Judges are going to do what process you see m Perry Mason It's have done what the Jury did." they do anyway" Marquand said, "If a very very careful and sometJrnes VVhile the Amencan Bar the camera is there often enough tedious process to fmd the truth and }\ssociation doesn't take a proac­ and long enough, people just forget get it right." Graham said tIVe view of cameras in the court­ it's there. it just becomes part of the Court TV can certainly take room, it acknowledges that cam­ woodwork ] find it hard to believe some of the credit for the current eras can play an educational role, the presence of a camera will alter explosion of reality-based televi­ saId spokesperson Debbie Weixl . the legal strategy or the approach." sion shows, but network CEO When teleVIsion shows bring in Marquand and Dalglish concur Henry Schleiff wants to make sure experts to explam legal issues, she that attorneys have a bigger Job people differentiate from shows saId the public gams a deeper performing for the jury than worry­ like "Survivor" and Court TV's cov­ understanding of the process. ing about the presence of a cam­ erage of trials. As a staunch advocate for a free era, and that a good judge can con­ "Reality on Court TV is totally dif­ press, Marquand hopes the pres­ trol any grandstanding by a way­ ferent than what you see on ence of television cameras in court­ ward attorney 'Survivor.' The issues that appear rooms will lead the public to ques­ Besides, Graham asserted, a on the front page of the New York tion why trials in their state are not Jury trial IS a wrenching process for Times or your local papers or on TV "] hope it will lead people to everyone involved issues on '60 mmutes' or Court question why some trials can be "Both the witnesses and the TV's Dateline' on NBC are obvi­ broadcast and others can'!" attorneys get so focused on what ously drawn more and more from they're about that they're oblivious the tnals and commentary that start Grandstanding or to the cameras there," he said. on Court TV" Schleiff said, just good TV? Court TV seems to have stoked V'v'hile the presence of a camera the people's desire to know the rest People like what they see. would seem to heighten the drama of the story, "the locker room stuff," "] love Court TV: " said Debbie of an already-tense courtroom, Marquand said, Dawson, a stay-at-home mom who "1 think maybe the impact of the decided to glve her professional camera is most significant out on the career as an auditor a rest while courthouse steps when attorneys raising four children, "I'm intrigued The will play to public opinion more than by it. If it catches me, 1keep watch­ in the courtroom," he said. ing and watching until] see the ver­ Nanny Trial dict. It's a lot different watching Massachusetts R-E-S-P-E-C-T something really happening - see­ While public confidence in the mg real emotions" vs. Woodward legal profession continues to ebb, Marquand believes the public's OCT.-NOV., 1997 the presence of cameras in the interest in court cases will continue courtroom may have done more for to increase. Eng/ish au pair Louise the understanding of the profession "People seem to be fascinated Woodward is found guilty of than a roomful ofjury verdicts. by this stuff," he said, "They have an second-degree murder in the "1 think: that's the great potential unending appetite for the dispens­ death of an 8 month old (of Court TV)," Marquand said, "to child left in her care. In a controversial move ing of justice and the resolution of two weeks after the verdict, a superior court give people better insight as to how conflict and to see the bad guy or judge reduces the conviction to involuntary the system works, whether or not the jerk punished in some way manslaughter. After an appeals court upholds they come away with more faith and There's something in the American the decision, Woodward leaves the U.s. to return trust in the officers of the court" character right now hungry for that to England. Graham, who has spent more - tmtil we decide we're htmgry for than 35 years covering the courts for something else" 4 5

Happy 10th Anniversary to Court TV from your p.rtner. In crime.

Hampel Stefan des I,

R1GHT PLACE, R1GHT T1ME Legal Veteran Fred Graham Has Built a Career Out of Being First

By Sherri Killam-Williams who knows the law and knows tele­ vision,'" Graham recalled, red Graham has a knack for After Brill secured his financ­ being in the right place at ing, he hIred Graham as the new the right time Kismet has network's first employee, AB the Fplayed a key role in sole staff at Court TV Graham Fred Graham Grahams long career in televi­ commuted from his home in sIon That's not to detract from the Tennessee to NewYork one or two stellar credentials of this lawyer­ days a week, legal system, It caused a severe turned-Journalist. hired in 1991 as To develop the channel's signa­ backlash agamst allowing cameras the fIrst employee of the fledgling ture coverage Graham borrowed in trial and it was a miscarriage of cable channel that would become heavily from a former colleague, Justice I personally became Courtroom Television-- Court TV retired CBS news anchor Walter despondent about it. It's like seemg "I Just have been lucky in Cronkite "At CBS I had gone to the a train wreck occur and you can't what's happened in the span of political conventions and worked on do anything about it." my career." Graham said "The election night. I copied what Walter Graham's work has been recog­ trends m journalism kept chang­ did in those days, He would always nized with the George Foster ing and I managed to be in the have a guest to fill the time when Peabody Award, two American Bar spot where legal journalism was nothing was happening," Graham ABsociation Silver Gavel Awards and at its height." said, participation in three Emmy Awards, In 1965 Graham became the The format continues on Court Away from Court TV Graham first attorney The New York Times TV to this day with various law enjoys and playing ten­ hired to cover the legal beat. enforcement officers, detectives, nis, He and his wife, Tennessee Seven years later, CBS News psychiatrists, lawyers and other Valley Authority Director Skila tabbed hIm to cover Watergate experts providing analysis while tri­ Harris, have a weekend place near and to become television's first als are in progress, Quantico, Va, where they maintain law correspondent. his and hers kayaks, a canoe and a Graham stayed at CBS for 15 The Lessons of O.J. powerboat. years before returning to his home Graham has reported many well­ A prolific wrIter, his work has state of Tennessee for a brief stint at known court cases during his appeared in The New York Times, ABC affiliate VVKRN-TV in Nashville, career including those involving 0]. Washington Post, Los Angeles It was during that period that Simpson, William Kennedy Smith, Times, USA Today, Harper's, Graham got a call from magazine Rodney King, lolm Hinckley, lolm Esquire, The New York Times publisher Steven Brill, who was DeLorean, Daniel Ellsburg, and the Magazine, TV Guide and the looking to branch out into television, Menendez brothers, It is the American Bar ABsociation Journal, "I had known Steve Brill down Simpson trial, however, that is at He has written four books, but through the years and he had the once his least favorite yet most sig­ Graham said he has no plans to idea of creating Court TV, but he nificant case he's covered, write another. His most recent needed money and he was negoti­ "It damaged so many aspects of effort, "Happy Talk," 0NW Norton & ating with, ,Warner Communications, American life," Graham said, "It was Company 1990), concerned devel­ Steve called and said, 'If this works very harmful to race relations and opments - not all happy - in televi­ out, I'm going to need someone undermined public respect for the sIon news, NEW LINE

TELEVISION

SALUTES

COURT TV

ON ITS

10TH

ANNIVERSARY

NEW LINE TELEVISION An AOL Time Warner Company ., ru"ld \\Ti!e a be'ok. you !-e \~;!':::..:-.g 2:~ July 1991: Conceived by publishing entrepreneur Steven Brill, Court TV launcnes as aJOint ven:we among weeker.ds ar.d takl.'1g t::-:1e G'::":,' Cablevlslon. NBC, Liberty Media and Time Warner as the first and only network dedicated fro:-n fa:nJy anj frlends" Gra.ja.:-:-:. excluslvelv to coul1foom trial coveraae. Its first live trial IS FlOrida v. Robert Scott Hili. in wf-dch saId "I had. so:neth:.ng to sa'; ill,,:j ; the defendant was acquitted on charges of murdenng nis steomother-in-Iaw 20 years earlier. saId. It . Fred Graham is Court TV's Managing Editor and Chief Anchor The network debuts with 4.5 million cable subscribers. Grili'1am adl;l!tS to gomg througr. a stage reac:ii.,g iegal tf-rilles. b'Jt November 1991 Court TV provides live coverage of the trial of William Kennedy Smith, accused of raOlng a woman atthe Kennedy family compound In West Palm Beach, Fla. sa.d hes burnej O'lt cr: ::-:at genre nght now and prefers nonflctwr: December 1991: By year's end. Court TV reaches roughly 5.5 million cable households books about current events January 1992: Court TV launches Its first prime time series. "Trial Story" While in law schocl a: Yar.cierbl.l: January 1992: Court TV provides live coverage of the sanity hearings of Jeffrey Dahmer Previously, Dahmer University Graham worked as 2 nad pleaded guilty to mass murder and dismemberment It was left to a jury to determine reporter covenng courts Clnd whetherDahmer was sane at the time of the . Found sane, Dahmer was sentenced to police beats for The Nashville '5 consecutive life terms, but was later killed In prison Tennesseean He also served ClS July 1993: Court TV covers the high-profile tnal of Enk and Lyle Menendez, accused of the shotgun slay Ing ofthelr parents In the familys Beverly Hills mansion managing edltor ofVanderbilts Law Review. He later attended Oxford January 1995: Cour TV provides live coverage of the O.J Simpson trial. the most-watcned trial In teleVISion history. Universltv on a Fulbngh: ScholarshIp and was awarded a March 1995: Court TV proVides live coverage of the Rodney King trial centering on police brutality allegations. Dlploma of Law ill June 1960. September 1995: NBC acquires Cablevlslon's share of Court TV, making NBC, Uberty Media and Time Warner A natIve of Arkansas Graham equal partners in the netVlork. practiced. law for about three years July 1996: Court TV celebrates ItS fifth anniversary and tops 25 million cable and satellite households. m Nashville before takmg hIS February 1997: Time Warner buys out founder Steven Bnll's stake, and Brill leaves the network. expertise to \\'ashington DC where October 1997: Court TV provides live coverage of the murder trial of Bntlsh Nanny LOUise Woodward. he was a special assistant to Secretary of Labor W Willard WIrtz, May 1998: Liberty Media and Time Warner buyout NBC, becoming equal partners In the network and deputy chief counsel of the September 1998: Court TV hires Vlacom and Studios USA veteran Henry Schlelff as ItS chairman and CEO Distribution stands at about 34 million. PreSIdents Committee on Equal Opportunity He was working as a January 1999: Court TV re-Iaunches the network to offer viewers live courtroom tnal coverage by day and legislatlve counsel for the late Sen. crime and Justice programming at night Estes 'cfauver when The New York January 1999: The acclaimed television drama, "Homicide: Life on the Street," is the first off-network televi Time~:,me calling. slon series acquired by Court TV. L:t. d.ld Graham know at the March 1999: Court TV covers the "Jenny Jones Show' negligence tnal in which the family of a murdered time :.'it a trendsetter he would Michigan man alleged that the show, its producers and its dlstnbutors had Incited the crime. becor: April 1999: Court TV re-designs the look of the network With ItS now-familiar "thumbprint" logo "I g"': a very good job Just by the December 1999: Court TV reaches 40 million subscribers luck 0; being a lawyer and a JOur­ January 2000: New York Supreme Court Justice Joseph C. TereSI grants Court TV's motion to Intervene in nalIst." he said. "In those days there People v. Bass, the prosecution arising from the shooting of Amadou Olallo. Justice Teresi finds were very few Journalists who were the New York statute barring cameras in the courtroom unconstitutional. also lawyers. Nowadays. the woods September 2000: Court TV launches a West Coast feed are full of them." December 2000: Court TV launches the critically acclaimed original documentary mlni-senes "Brooklyn North Graham. who turns 70 m Homicide Squad," October. admits to occasional January 2001: Court TV acquires thesmokinggun.com and cnmelibrary.com, which help to make Courttv,com thoughts of retlrement. With both he .. the leading source of crime and justice information on the Internet. and his wife still actively employed, March 2001: Court TV commits to spending a record $140 million in original programming over the next albeit in dIfferent CIties, he acknowl­ two years, With over 300 hours of new programming and movies for the 2001-2002 season. edges that they both sometimes April2DD1: Court TV acquires off-network rights to the award-winning drama "NYPD Blue," scheduled to give fleeting consideration to debut in fall 2001. pulling back on the rems just a bit. June 2001: Courtroom TeleviSion Network becomes the fastest-growing basic cable network in the U,S ­ 'You can imagine that sometimes ranking NO.1 In percentage growth of subscnbers (+40%) In the previous 12 months - among ad-supported basic cable networks With at least 40 million subscribers. we talk about trymg to simplify our bves, but thats about as far as it July 2001: Court TV celebrates its 10th anniversary. Distribution approaches 65 million households. goes An open and shut case of success

Congratulations to Court TV on your 10th anniversary

From your colleagues at Dateline NBC

~ NBC NEWS.. America's News Leader

Congratulations to Court TV on its 10th Anniversary. May it remain unmatched in its ground breaking comprehensive legal coverage and analysis.

We are proud to distribute Court TV via Satcom C-3 to cable systems nationwide.

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