FILED: NEW YORK COUNTY CLERK 09/12/ :52 PM INDEX NO /2017 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 09/12/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, -against- CHARTER COMMUNICATIONS, INC. and SPECTRUM MANAGEMENT HOLDING COMPANY, LLC (f/k/a TIME WARNER CABLE, INC.), Plaintiff, Index No /2017 Hon. O. Peter Sherwood DEFENDANTS FIRST SET OF INTERROGATORIES Defendants. PLEASE TAKE NOTICE that, pursuant to Article 31 of the New York Civil Practice Law and Rules ( NY CPLR ), Defendants Charter Communications, Inc. and Spectrum Management Holding Company, LLC (collectively, Charter ), by and through their undersigned counsel, hereby request that Plaintiff the People of the State of New York, by Attorney General Eric T. Schneiderman ( Plaintiff ) respond in writing to the following First Set of Interrogatories in accordance with the Court s Preliminary Conference Order (Doc. No. 38) in the above-captioned matter, the Definitions and Instructions set forth below, and the applicable rules and procedures set forth in the NY CPLR. Service of answers should be made to Latham & Watkins LLP, 885 Third Avenue, New York, New York

2 DEFINITIONS As used herein, the words and phrases set forth below shall have the broadest meaning or meanings permitted under the NY CPLR. Unless defined, all words used in these Requests are to be given their plain and ordinary meaning. 1. All or Any shall mean each and every. 2. Backbone Provider shall mean Any Person that provides data routes or services associated with the transport of packet data traffic between or among computer networks, including the predecessors, successors, present or former parents, subsidiaries, affiliates, agents, or contractors of said Person or company. 3. Broadband Internet Network shall mean all points on the network of an Internet Service Provider that lie between a point of Interconnection and the Customer Premises. This includes, but is not limited to, an Internet Service Provider s access network, regional and metropolitan networks, core network, hubs, and service groups, including all equipment and signals that process and deliver an Internet Connection, regardless of the underlying technology employed. 4. CDN or Content Delivery Network shall mean any Person or technology that delivers Any content via the Internet, whether on behalf of itself or an Edge Provider(s), via a distributed network architecture. 5. Charter shall mean Defendants Charter Communications, Inc. and Spectrum Management Holding Company, LLC, formerly known as Time Warner Cable Inc., and Any of their present or former parents, subsidiaries, affiliates, directors, officers, partners, employees, agents, representatives, attorneys, or other Persons acting on their behalf. 2

3 6. Concerning shall mean constituting, pertaining to, reflecting, relating to, interpreting, regarding, containing, embodying, referring to, responding to, stating, evidencing, establishing, addressing, commenting upon, supporting, negating, describing, memorializing, discussing, analyzing, setting forth, recording, including, comprising, identifying or in Any other way connected to the matter logically, factually, directly, or indirectly. 7. Complaint shall mean the Complaint filed by You in the above-captioned matter. 8. Communication shall mean Any written, oral, telephonic, or other utterances of Any nature whatsoever, shared, shown, and/or transferred between and/or among Any two and/or more Persons, including, but not limited to, Any statements, inquiries, discussions, conversations, dialogues, correspondence, , consultations, negotiations, agreements, understandings, meetings, letters, notations, telegrams, advertisements, declarations, transcripts, interviews, interview reports, blogs, chat room or other Internet postings, and All other Documents. A draft or non-identical copy is a separate Communication within the meaning of this term. 9. Customer Premises shall mean the physical location where a customer receives service from an Internet Service Provider. 10. Describe shall mean to provide at least the following information: a. a detailed discussion of the nature of the event or assertion, including All facts related thereto; b. the time and place thereof; c. a chronological account setting forth each element thereof, what each element consisted of, and what transpired as a result thereof; and 3

4 d. the identity of each oral Communication which occurred in the course of the preparation thereof or which referred thereto. 11. Document shall mean Any written, recorded, or graphic matter, however produced or reproduced by Any mechanical or electronic process, or written or produced by hand, now or at Any time in Plaintiff s possession, custody, or control, in Any format in which it may be available or stored, whether in analog or digital format and whether static or multimedia. This includes, but is not limited to, data, reviews, analyses, studies, reports, or surveys. This also includes copies or reproductions of All of the foregoing items on which notations and writings have been made which do not appear on the originals. It also includes electronic or computerized Documents and data compilations. A draft or non-identical copy is a separate Document within the meaning of this term. Insofar as it is pertinent, this definition is subject to the provisions of CPLR 3101(b), (c), and (d). 12. Evidence shall mean, without limitation, Documents, Communications, facts, data, Persons with knowledge, witnesses, and/or experts. 13. Identify or State shall mean: a. When Concerning a Document or Communication, to identify the Document or Communication including specific portions of the Document or Communication by exhibit or Bates number(s) if previously produced in this action; or if the Document or Communication has not been previously produced in this action, to set forth the following information: (1) the title and type of Document or Communication (e.g., telephone Communication, letter, , or memorandum); (2) the date (or best approximate of the date) of the Document or Communication; (3) the author(s) of the Document or Communication, (4) each recipient of the 4

5 Document or Communication or who was informed of its contents; (5), the present custodian or the Document or Communication or who was last known to have it; and (6) the general subject matter, and, if applicable, the title of the Document or Communication; b. When Concerning a natural person, to state at a minimum his or her full name, last known address, last known telephone number, present and former employers or business affiliation(s), and present and former job titles and responsibilities; and c. When Concerning Any entity other than a natural person, to state at a minimum the entity s full name, full address of its main office, and telephone number; and 14. Edge Provider shall mean Any website, web service, web application, mobile application, cloud services provider, content hosting service, or other provider of online content that customers connect to via an Internet Connection. Edge Provider shall include, but not be limited to, providers of applications, online games, video and audio streaming services, social media platforms, file sharing services, and messaging services. 15. Including shall have its standard meaning, and also means including but not limited to and including, without limitation. 16. Interconnection shall mean the direct exchange of Internet traffic between or among Any two or more Backbone Providers, CDNs, Edge Providers, or Internet Service Providers. 17. Internet Connection shall mean Any link between a Customer Premises and the Internet via a Broadband Internet Network that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints. 5

6 18. Internet Quality shall mean Any objective or subjective measurement and/or metric used to quantify, calibrate, evaluate, or otherwise assess the condition of an Internet Connection, including, but not limited to, packet loss, packet delay, bitrate, and jitter. This definition includes a Person s perceptions of the relative, expected, and actual performance, reliability, and availability of an Internet Connection, including the suitability of an Internet Connection for Any intended purpose, including Any descriptions, communications, or efforts to measure or quantify those perceptions. 19. Internet Service Provider shall mean Any provider of a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including Any capabilities that are incidental to and enable the operation of the communications service. This term also encompasses Any service that is providing a functional equivalent of the service described in the previous sentence. 20. Internet Speed shall mean speed, performance, bandwidth, or throughput, of an Internet Connection, or other attributes that may affect the calculation of Internet Speed, including, but not limited to, latency. This definition includes, but is not limited to, the number of bits per second that data is downloaded or uploaded via an Internet Connection. 21. Investigation shall mean Any investigation, analysis, inquiry, research, exploration, inspection, examination, and development of facts and circumstances involving, but not limited to, Time Warner Cable Inc., Charter Communications, Inc., Verizon Communications, Inc., Altice USA (f/k/a/ Cablevision Systems Corporation) or Any other Internet Service Provider and their present or former parents, subsidiaries, affiliates, directors, officers, partners, employees, agents, representatives, attorneys, or other Persons acting on their behalf. 6

7 22. Person shall mean Any natural person or Any business, legal, or governmental entity or association. 23. Test shall mean Any test, evaluation, examination, check, calculation, quantification, analysis, measurement, experiment, or assessment that is obtained, considered, reviewed, reported, or utilized. 24. You, Your, and OAG shall mean Plaintiff the People of the State of New York, Eric T. Schneiderman, Attorney General of the State of New York, the Office of the New York State Attorney General, its affiliates, and/or Any of its affiliates officers, directors, employees, agents, representatives, parent, subsidiary or subsidiaries, predecessors, successors, or assigns. 25. Whenever the conjunction and is used, it is also to be interpreted disjunctively, and conversely; when the disjunctive or is used, it is also to be interpreted conjunctively. 26. The use of the singular of Any word includes the plural and vice versa. 27. The past tense of a verb includes the present tense and vice versa. INSTRUCTIONS 1. Except where otherwise noted, the time period for which information shall be provided in response to these Interrogatories is January 1, 2012 to present. 2. These Interrogatories shall be deemed continuing in nature so as to require timely amendment and/or supplementation as provided in CPLR 3101(h). 3. Answer each Interrogatory separately and fully, with each interrogatory immediately succeeded by the separate answer thereto. 4. In answering these Interrogatories, furnish all information that is available to You from Any source, including information that is in the possession of Any of Your present or 7

8 former employees, attorneys, agents, assistants, representatives, consultants, affiliates, parents, or others under your control. 5. Each Interrogatory shall be construed independently and without reference to Any other Interrogatory for purposes of limitation. 6. If You know of Any Document, Communication, or information but cannot give the specific information called for by an Interrogatory, so State, give the best information that you have on the subject, and Identify every Person who you believe has the requested information with respect thereto. 7. If You provide Document(s) in response to an Interrogatory, Identify which Document(s) are being provided; if You are asked to Identify Documents, include the applicable Bates range. 8. If You are unable to respond to an Interrogatory in full, respond to the extent possible and State the reason for your inability to respond to the remainder. 9. If You do not possess knowledge of the requested information by an Interrogatory, State Your lack of knowledge and Describe all efforts made by You to obtain the information necessary to respond to the Interrogatory. 10. All objections shall be set forth with specificity and include a brief statement of the grounds for each objection. 11. If You encounter Any ambiguity in construing an Interrogatory, Instruction, or Definition, State the matter deemed ambiguous and the construction utilized in responding. 12. You shall provide a response to each Interrogatory; if the response to an Interrogatory is, for example, none, unknown, or not applicable, State as much in Your response and Identify the reason why. 8

9 13. If Any information covered by these Interrogatories is withheld under claim of privilege or immunity, (i) State with particularity the nature and the basis for the claim of privilege, and (ii) Identify the nature of the information being withheld in a manner consistent with CPLR 3122(b). INTERROGATORIES INTERROGATORY NO. 1 Identify All Evidence supporting Your allegation that Defendant conducted a systematic scheme to defraud and mislead subscribers. (Complaint 3, 4, 19.) INTERROGATORY NO. 2 Identify All Evidence supporting Your contention that Defendant engaged in an act or practice that is deceptive or misleading in a material way, meaning it is likely to mislead a reasonable consumer acting reasonably under the circumstances. INTERROGATORY NO. 3 Identify All of Charter s advertisements You contend were deceptive or misleading in a material way, the geographic market in which the advertisement ran, and the dates and media outlets in which the advertisements appeared. INTERROGATORY NO. 4 Identify all Evidence used in Your calculation of Internet Speed. INTERROGATORY NO. 5 Identify All Evidence supporting Your allegations that Charter promised Internet speeds in its advertisements that it knew it could not reliably deliver. (Complaint 75, emphasis added; see 9

10 also Complaint 3, 4, 7, 8, 9, 11, 14, 102, 119, 133, 144, 168, 175, 186, 221, 267, 279, 301, 313.) INTERROGATORY NO. 6 Identify All Evidence supporting Your allegations that Charter took no steps to replace DOCSIS 1.0 and DOCSIS 2.0 modem with DOCSIS 3.0 modems (Complaint 12), and that Defendant did not undertake to proactively replace subscribers deficient, single-channel modems (Complaint 142). INTERROGATORY NO. 7 Identify All Persons involved in implementing, administering, running, measuring, or interpreting Any Test of Internet Speed or Internet Quality, including, but not limited to, the OAG s Speed Test (located at and those administered by or employing the methodology of Measurement Lab (M-Lab), Ookla, and SamKnows, including all subscribers who provided to You their results from these Tests. (Complaint ) INTERROGATORY NO. 8 Identify All Evidence supporting Your allegation that DOCSIS 1.0 and DOCSIS 2.0 modems were incapable of delivering speeds of 20 Mbps or higher. (Complaint 9, 110.) INTERROGATORY NO. 9 Identify All Evidence supporting Your allegation that Defendant included too many subscribers in its service groups and failed to add more channels for such service groups. (Complaint 61.) INTERROGATORY NO. 10 Identify All Evidence supporting Your allegation that Spectrum-TWC rolled out a new interconnection strategy to throttle or limit the ability of backbone and content providers to deliver online content. (Complaint 279, 286.) 10

11 INTERROGATORY NO. 11 Describe All ways in which You contend subscribers were deceived or harmed by Charter s advertising or Interconnection practices and Identify All Evidence supporting Your contention. INTERROGATORY NO. 12 If you contend that Charter s subscribers relied upon the advertisements You allege were false and misleading, Identify All Evidence supporting Your contentions. INTERROGATORY NO. 13 Identify All Persons who were contacted, interviewed, gave testimony, or provided Documents during the course of Your Investigation, including the dates of the contact(s), interview(s), or testimony. INTERROGATORY NO. 14 Identify All Persons who were involved in Your Investigation in Any capacity and Describe their role in Your Investigation. INTERROGATORY NO. 15 Identify All Persons with knowledge or information regarding the allegations in Your Complaint, including, but not limited to, All Persons whose testimony you intend to proffer in support of your allegations, and Describe the extent of their knowledge or information. INTERROGATORY NO. 16 Describe the amount and calculation of the damages, restitution, penalties, and/or disgorgement sought in this case, and Identify All Evidence supporting the same. 11

12 Dated: June 30, 2017 New York, New York LATHAM & WATKINS LLP By: Christopher J. Clark Christopher J. Clark 885 Third Avenue New York, New York Tel.: (212) Fax: (212) Attorney for Defendants To: Office of the New York State Attorney General 120 Broadway New York, New York Attn: Mihir Kshirsagar Attorneys for Plaintiff 12

FILED: NEW YORK COUNTY CLERK 05/02/ :26 PM INDEX NO /2015 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/02/2018

FILED: NEW YORK COUNTY CLERK 05/02/ :26 PM INDEX NO /2015 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X KAMCO SUPPLY CORP., on behalf of itself all other persons similarly