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cox.Login to:yourfrlend in the digital age For Home.::"·····:·:w:.,,:,.,f19 .HOME.}For Businessi Webmr. IJ ") or CPat .[J e.ti.P .ll.i.IYQ.CI11Order ServicesView/ Pay Bill ustomer SupportHIGH SPEED INTERNETEQr.gQ.t.Ym!f.J2P- Q.rQ.1About Cox., . , .Order OnlineHomeBuild a Cox Bundle-Cox Bundle0SAN DIEGO Cable TelevisionHigh SpeedCox High Speed Internetln emetOverviewRelated LinksFeatures & Benefits §.!ilO!l« f.I U'J Service PlansCox vs. DSL & Dial-upCox Home NetworkingCox Tech SolutionsPricing & Installation·---·---···--··--· Padres.TV. · 9ox Securl y S . . , .Padres.lV·- - ody M :, : e .myNOGGIN (Cox & Nick . -------Premium Access PassSupercharge Your AOL!Digital TelephoneCOX High Speed lnternet'MFor the first time ever, Cox High Speed Internet customers can watch in-market Padresga11JeS -with no local blackout restric;tions- LIVE online. Plus, watch more than 300 LIVE outof-market baseball games from the league broadcast LIVE each month' online.Watch and listen to LIVE games for only 14.95/month or purchase the entire season for just 89.95!. Worried you'll miss a game? Never. again! Access to extended highlights, searchablevideo, archived content and more, on-demand - all just for being a Cox High Speed Internetcustomer. GQ t.§.!!.@JllY.S.Yi.tg NEWI PowerBoostTM NEW! P.ri iD.9.G.Yk! CQJ1J.P. .r .J.Q.Q.§.!. .QJSI1:.1,1.R:. Mi.nirll!JID.nl.9l!ir D MPlQY.!!. i.!DQ!:IJm!.!l.!!f Servjce Assurance Plan Q.Q .I j;.J:tS2l t\.i.QO.!!Special Offers Economy Internet servicejust 14.99/mo for 12months when you orderonline! Q.f:f Q.E!t§Jl!i. Preferred Internet servicejust 29.99/mo for ;Jmonths when you orderonline! r:Q. t ; [s
Don't have Cox High Speed Internet?Qr.d. n.QWand find out what you've been missing!Special Offersjust 5/mo for 6 monthswith' the Cox UnlimitedBundle! gif c.de t Order OnlinePricing GuideSupportNewsroomFRfQUEHllY ASKED qllESnOHSIn Your CommunityWhat does Padres.TV offer Cox High Speed Internet (CHSI) Customers?Padres.TV offers CHSI customers the ability to view more than 300 LIVE out-ofmarket games per month! For the first time EVER, Cox High Speed Internet customers can watch and listen toin-market Padres games LIVE ONLINE, with no local blackout restrictions.En Espanol Preferred Internet serviceIs Padres.TV available to everyone?Padres.TV is only available to Cox High Speed Internet customers in the San DiegomarkelWhat are the benefits of using Padres.TV?III Watch 98% of all LIVE out-of-market MLB games.Listen to every game, every day: MLB.com GAMEDAY Audio brings your liveaudio feeds from every game, wherever they're played.III Enjoy extended MLB highlights of all broadcast games.mIII Explore the searchable area so you can track your favorite players and view videohighlights of them.Relive classic gam s from baseball's storied past with Baseball's Best.mHow much does Padres.TV cost to Cox High Speed Internet customers?Padres.TV is available for 14.95 per month to Co-x High Speed Internet customers. FREE modem rental -or50% OFF modempurchase with newPreferred or Premierservice (online only)!Qffer de!!M!§. Connect for FREE whenyou select our Cox HighSpeed Internet FastConnect install option. orenjoy 50o/o OFF aprofessional install!Qffeu:l.et.!il; mt.Qff j)m.,Search!Go!Downloads Q.QJSJ?Ji. .l-j;stSupport Links .lli QilQ.r! eiJlin.Q.S.YQQQ r:t C,.9.,&,(1 g1}'Y QM i! !ntgrn!i\.IP.QI
,. Download IJ)e FREE Cox ec.!!fllY. !-!lt Can I view MLB games via any computer?You must sign up from your Cox High Speed Internet computer initially but you mayaccess Padres.TV from any computer that has internet access, which means you canwatch any game from work or while you are traveling. Never miss another Padresgame again!Is there an annual commitment to the Padres. TV?No. You may choose to subscribe to Padres.TV for just 14.95/month, or you mayalso purchase the entire season for just 89.95.Get more information via :w.wJOC.f.ad.r: i.I.\1:.'·Cox.net 1 Careers 1 Diversity 1 Newsroom 1 Search Cox.com@ 1998·2008 Cox Commun cations. Inc.PoliciesIVisitor AgreementI1 Contact usPrivacy PolicyIParental ControlFor full Padres.TV service description and restrictions. please visit .dre.li.lY.Cox High Speed Internet service available to residential customers in Cox San Diego serviceable areas and requires cable modem purchase or rental ( 10/mo ). For best performance use of a CO
approved modem Is recommended. Visit l:li:IR;tl J.UlllQtl ll!. for a list of Cox approved modems and minimum computer requirements. Cox cannot guar Jntee uninterrupted or error-free service, orthe speed of your service. Actual speed varies. Email access available from any Internet-connected personal r.omputerwlth a standard Web browser. PowerBoost is only available to Cox High SpeedInternet Preferred and Premier package cus\omers ln·Cox service areas. PowerBoost Is a registered trademarl of Comcast Corporation, usea with pennisslon. h stallatiOn charges may apply. Servicemay not be available in all areas. Rates are subfecl to change and do not Include equipment fees, applicable taxes. surcharges and other fees. Other restrictions apply. e 2008 Cox Commuoicallons.Inc. All rights reserved.
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Time Warner Padres AdvertisingOver 100Padres Baseball games willair on Channel 4 San Diego.Time Warner billinsert - 2008 timeperiod(Your nirighbDIS w1th satelhleAnd 1f you have anHOTV you canJUSt won't get to watch them.)watch your Pads inhigh definition onchannel 704.I?.S\ I!.M! VI/A!it'I [IJQ. b THE POWER OF YOU'"Check out all the HD channels available over our advanced fiber network·with .even more new channels coming soonlrFFieeHDJ .HDFOXHDHQ mil :r, -:"."!"G,.,., o;.I.Ug . cSJ. . - .!:!.P. . .ij.MNIII!I lnHO lifl, SUVII'VS! 1.!! e e-·.s-r:MVI!IISII.t- .timliEi"IEI'I'IHDtn41111., .K.t:lV.I&IPi'I2HD- - '- -·-w---. , w-- -- -.,. . tl.)( !l:D -"'"3--1·- -110.10"hr,t; 'f'.- -M. ,Direct Mail May2008
Time Warner Padres AdvertisingCurrent Door to Door advertisingtl'Previous Door toDoor advertisingDIGITAL CABL I)IC'inAL f".A .U.l. o. ,,.,·:a· ·r-o-a.--t MO' 'WOoli a-.ct.,.,.v."""'"'-o.-. NJkJMifl"l\\t. . . . .,.,. O.Dt-.011 . ,.c;.-.hli -IOJYCI,. ,. . &:-.!. ":. --OMY 2995'""'. . No.,. Drr JSd .n ll o)-121C10Ql. l;l(!l.''l,':o ru l;:,., , . .:.itt.r.D;ED OHUNE.hit. .· IJICERooriA.ww.,LRR o.IYJIU-· """VIF.W&SURF""'-.,.High 5pDioll Onlnl .l!a .- . . OiplnlC.IMI-ONi.\' 59'r IER'eEHQIBuying nttw HOT\11 ( Of\lur iuGI1jDy 11. NltiD ,\I.IJU clatftJ you lOW at tha a&onl.fMMd 4ft HO'lV cCMtwtf'IW front Timet Watnor -,.ot,.nWotch )'Goo' " ' - HO 8hcwo """""""')'Ou - mt HD DVR.,. . . ."- ,, -e. -- ------ tHOMiiPttON · salr .-JP'Aa'.,c . .,.u.s.'· -.u .,, 1:.,.-. ll l f .,.,.:. . ., ALL THE BEST VAl. ,. . .,.,. ,.,., .O.GETAU.!IO.wc:.IIA.'-1C.W .c Pw-oRina1\fto-.hi!I!W-'-""'-'-111.1 lftcUctHC. - . Kiilill.C.O.C'IIII S29.95 ONL\" 89es ,.''"*.:.w.,-CIIIftci NJ-.o te.ap r- .rora: \CO L"\J\ ,; ::.D.-: \ )1 . ,." tllEI t-.,FI;t nrRed:co-"'-'"--v.41. . -""" ·: . J.j:.fit;a-.rc1 rRI:.C-"'fi-.Ctt'11W . r;--Af HURRVI This offer uplres soon!SWITCH FROM SATELLITE TV or U·VEASE and receive the, above offers for 2 ye'OHcl V, hll ONLY ThroliQh Your LOCAL !lt'l' tocnlohvuSuzi (858} 357-3919Bftor-.JiopoollGt:ao.a.,u.y.a .l!.KOME PHONE'a-.-llollooO't.ae r.,.liii417TIIdt.,.,.,.a-. . "' :: - :: , AMIIliiO'.IliNI. O.Pt'IDir. . -.- l.llii.IIMIO CMJIIORH\4-A e.a.t O.C. "'HofN PhorM lfrmb 19 95·.hontt. --·.?.:bTIMEWARNf iHt owe. 01T- i {i 0.10WP'IIIIfrtt" tw ., . l"'lll .,. .""""""·.,."'"'"'.,. .""· lf ,. t:P40'10".,.,.::: :r ·:;.c-:. ::::.a Ebb !ltl- ---- ----- -.o.,. ,.··- . . · ". ""'.r.tr.a.,.HURRY! THIS OFFER ENDS SOON!Dir. . O'll)o.,.,:J,obioV. GIIflhy.wrtcw:ai!W)rt.t'- ·REGGIE (858} 229-2751SW!ICtl H10M 1o'OUR CUI'IRt'Nt :.1\t(llttt On DSt UlVtct.IWO QUI:.Ut'V f"OO (\!tH UOFC SAV1Nt "12
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ATTACHMENT 2
Kenneth Hollander AssociatesMarketing ResearchDECLARATION OF KENNETH A. HOLLANDER SUBMITTED ON BEHALFOF AT&T SERVICES AND PACIFIC BELL TELEPHONE COMPANY INTHEIR PROGRAM ACCESS COMPLAINT BEFORE THE FEDERALCOMMUNICATIONS COMMISSIONNOVEMBER 20, 2008{5{31 Greenling CirdeMendocino, California 9S{boPhone: 707-9b2.1b{8F acsimi.le: 707.962. Jb35Ken KHA.researc:h .com
DECLARATION OF KENNETH .A .HOLLANDERI, Kenneth A. Hollander, declare:1.I am President ofKenneth Hollander Associates, Inc. (the "Company''), afirm specializing in consumer research located at 45431 Greenling Circ.le, Mendocino,California 95460. I am a resident of Mendocino, California. I have personal knowledge ofthe facts set forth herein, which are known by me to be true and correct, and if called as a· witness, I could and would competently testify thereto.2.I was retained on behalf of AT&T Services, Inc. and Pacific Bell TelephoneCompany, in their Program Access Complaint before the Federal CommunicationsCommission. Specifically, I was asked to conduct survey research in the greater San Diegoarea to determine the extent to which, if any, relevant consumers believe that the inability ofAT&T's "U-verse" Internet-Protocol-based video programming service to offer telecasts ofChannel4's San Diego Padres baseball games is a deterrent to their subscribing to the "Uverse" service. Based on my experience, I am qualified to design and conduct a survey andoffer an expert opinion on this issue, as explained below.Experience3.I graduated from The Ohio State University with a Bachelor of Sciencedegree in Marketing in 1959. I then obtained a Masters of Business Administration degreein Marketing from the University ofMissouri in 1963.4.Prior to starting the Company in 1973, my employment history included thefollowing:(a)Research Brand Manager, The Procter & Gamble Company, 1959 to 1961, inwhich I served in a two-man Experimental Research and Technique Development team responsiblefor all unique, non-recurring research issues concerning all P&G brands.(b)Associate Research Director, Hallmark Cards, 1961 to 1964, in whichI was responsible for all greeting card research as well as acquisitions and mergersexplorations.
(c)Director of Research, Young & Rubicam, Chicago, 1964-1970, inwhich I was responsible for all research for all of the agency's clients, including Allied VanLines, American Paper Corporation, Armour Dial, International Harvester, and U.S. NavalRecruiting.(d)Vice President, Director of Communications Planning Group, TheInterpublic Group of Companies, 1970-1973, in which I was responsible for allcommunications research for the Coca-Cola Company, both domestic and international.(e)I have lectured on marketing research applications and methods at theGraduate Schools of Business at Emory University and Georgia State University in Atlanta,Georgia; the University of Georgia in Athens, Georgia; and Stanford University in PaloAlto, California.(f)At the University of Georgia, I was Chairman of the Board ofAdvisors for the Masters of Marketing Research Program from 1988-89, and aDistinguished Practitioner Lecturer in the Department of Marketing in 1987. Around 1991,I was a Contributing Editor to the textbook, Advertising.(g)I speak on marketing and surveys at events sponsored by theAmerican Marketing Association, The Association of National Advertisers, The AdvertisingResearch Foundation, and the Marketing Research Association.5.Over the past 30-plus years, I have conducted thousands of consumer surveysfor many of the world's largest and most prominent companies including but not limited to:Anheuser Busch, Bank of America, The Coca-Cola Company, Delta Air Lines, EastmanKodak, Ford Motor Company, General Electric, Hublein, IBM, Johnson & Johnson, LeverBrothers, Kimberly-Clark, Mattei, No Nonsense, Pillsbury, Quaker Oats, Ralston-Purina,STP, Texas Instruments, Uncle Ben's, and Xerox.6.I am an acknowledged expert witness in the United States Federal CourtSystem on matters pertaining to marketing research. In such capacity I have conducted,critiqued, or counseled on over 120 surveys. I have been deposed or testified as an expert
witness approximately 40 times in trademark infringement lawsuits. I know of no instancein which my expert testimony was not admitted. My substantial experience in marketingand surveys provides me with the background necessary to prepare and analyze the surveydescribed in this declaration.Survey Design Principles7.The results of this survey are discussed in detail in the following paragraphswhere, it will be noted, specific effort was made to be objective by recognizing potential,albeit inadvertent, biases and accounting for each of them beforehand. The present surveywas designed by me and conducted under my direction in accordance with the principlesand standards delineated in the Manual for Complex Litigation. Third Edition, 1995,prepared for the Federal Judicial Center. These principles provide the best assurance thatthe qata collected are valid and can be relied upon to draw conclusions regardingconsumers' opinions. The principles provide that:(a)The proper universe(s) be identified and examined.(b)A representative sample be drawn from each such universe.(c)The plan for selecting the samples be prepared in accordance withgenerally accepted standards of procedure in the field.(d)The questionnaire for gathering this relevant information be preparedin accordance with generally accepted standards of procedure.(e)The persons designing and conducting the investigation be qualifiedto perform their tasks.(f)The interviewers be well trained and have no knowledge ofthepending litigation or purposes for which the data would be used.(g)The interviewing be conducted in accordance with generally acceptedstandards of procedure in the field.(h)The questioning of respondents be correct and unbiased.(i)Once gathered, the data be accurately analyzed and reported.
8.The Reference Manual on Complex Litigation. Second Edition, West Group,St. Paul, MN, 2000 ("Reference Manual"), prepared for the Federal Judicial Center, stateson page 239, "One of the first steps in designing a survey or in deciding whether an existingsurvey is relevant is to identitY the target population (or universe). The target populationconsists of all elements (i.e., objects, individuals, or other social units) whose characteristicsor perceptions the survey is intended to represent."9.With respect to this initial step for this survey, the relevant universecomprises people who are in the market for the litigants' services.10.Accordingly, the target population (proper universe) for a probative surveyabout the contested San Diego Padres television offering is (I) men and women, (2) age 18or older, (3) living in the San Diego, California Designated Marketing Area, (4) whocurrently subscribe to a video television service such as cable or satellite television, or arelikely to do so in the coming 12 months, (5) who make or share in making the decision as towhich video television service to use, and (6) who do not have atypical knowledge becauseof their employment, or who have family members with such atypical knowledge.11.The Reference Manual also states on page 240 that "The surveyor's jobgenerally is easier if a complete list of every eligible member of the population is availableso that the sampling frame lists the identity of l members ofthe target population." Asample drawn at random from such a list would be a true probability sample.12.A complete list of all members of this universe was obviously not available,which means that a true probability sample was not possible. Therefore, a non-probabilitysample was used for this investigation. Non-probability samples are and have been used tomake consequential academic and business decisions and are also accepted into evidence inFederal Courts throughout the country.13.A 2008 survey conducted by Parks Associates showed that 79% of all U.S.households are Internet users. Therefore, the Internet was used as the interviewing mediumfor the survey because it has significant advantages over other interviewing options. This is
especially true where visual stimuli are required. (See paragraph 14.) In fact, according tothe leading marketing research publication, "Inside Research," one-third of all surveyresearch is conducted via the Internet and this percentage continues to increase.14.Given such widespread adoption, the use of the Internet as an interviewingmedium affords the opportunity to (a) locate and interview a representative sample of theproper universe in a timely and efficient manner, (b) eliminate any potential interviewerbiases; (c) expose proper stimuli to specific respondents in exactly the same manner, and(d) allow respondents to complete a survey at a time and place of their choosing and, thus,to do so in a more thoughtful manner than if it were a time and place of the researcher'schoosing. The Internet is particularly relevant in this case because U-verse is marketed as apackage including high-speed Internet access, so the target community for the service is atleast largely made up of Internet users.15.With these considerations in mind, the sample for this survey comprised 410respondents living in households recruited by the Internet interviewing finn of e-RewardsMarket Research. All met the screening requirements previously discussed.16.e-Rewards is widely respected in the marketing research industry and hasbeen used before by the Company to conduct surveys. Based on my experience andcredentials as a marketing and survey expert, it is my opinion that the survey responses ofthee-Rewards respondents meeting this survey's screening requirements are reasonablyrepresentative of the general United States population who would meet these same screeningrequirements.Summary of AT&T U-verse Television Survey17.This survey employed a Test and Control protocol in order to account forwhat survey researchers refer to as "noise," that is, any exogenous and unmeasureablerespondent issues such as going-in knowledge and/or preconceived opinions. The wayaround these potentially confounding influences is to use a control group. The ReferenceManual discusses the rationale for using such a control group on pages 256-260.
18.The Control Group of205 respondents saw an image ofthe AT&T U-verseoffering that excluded Channel4, with coverage ofthe San Diego Padres games. A copy ofthe Test Group image is shown in Exhibit 1, attached. I refer to the Control Group image asthe ''No-Padres Offer."19.The Test Group of 205 respondents saw an image of the AT&T U-verseoffering that (for purposes of this survey only) included C annel4, with coverage of the SanDiego Padres games. A copy of the Test Group image is shown in Exhibit 2, attached. Irefer to the Test Group image as the "Padres Offer." 120.To repeat and clarify, both the Test Group and the Control Group saw anadvertisement for the AT&T U-verse offering; the only differences in· the twoadvertisements were (1) the Test Group advertisement showed: a San Diego Padres baseballplayer and: the Control Group advertisement showed: a San Diego Chargers football player,consonant with the claim on each advertisement of"Over 250 programming channels,including a variety of sports channels," and (2) the Test Group advertisement contained theclaim, "We offer Channel 4, with live coverage of San Diego Padres games," and theControl Group advertisement contained the paral
Cox High Speed Internet service available to residential customers in Cox San Diego serviceable areas and requires cable modem purchase or rental ( 10/mo ). For best performance use of a C
