LEWIS & FIORE 225 BROADWAY, SUITE 3300 NEW YORK, NEW YORK 10007 (212) 285-2290 (a12) 964-4506 (FAX) David L. Lewis dlewis@lewisandfiore.com Charles G. Fiore cfiore@lewisandfiore.com October 13, 2016 Via Email iblevision.com Randi Langford Cablevision 530 Fifth Avenue New York, New York 10036 Dear Ms. Langford: This law firm represents New York State Senator William Larkin, the incumbent candidate for the State Senate in the 39th Senate District and the William Larkin for Senate campaign committee. This letter is in regard to a recent negative television advertisement paid for by The Fund For Great Pubic Schools, apolitical committer funded by the New York State Teachers Union. This letter is to put you on notice of the facts and demand that you cease and desist the airing of the advertisement. This entity is a political committee of a union funded independent organization and not a candidate committee, The advertisement targets Senator Larkin and does so by the use of false and defamatory statements and claims, made with reckless disregard for the truth. Further the advertisement, in an attempt to comply with the law, purports to provide a citation for the claim of “voted to get a 47% raise”. The basis purports to be the citation of an article specifically states it may happen, not that Senator Larkin voted to get a raise. The ad claims that it did happen in a vote by Senator Larkin. It relates to a budget bill that established a pay commission designed to determine whether or not there should be a legislative pay raise and delegates the decision to a commission, Senator Larkin has no role in the commission except for the passage of the budget bill. ‘No one knows at this moment if there even will be a pay raise. ‘The statement is false and willfully so. The citation is fraudulent. It is required that such an advertisement should have a citation demonstrating the truth of it. In this case the citation is a fake.Ms. Randi Langford ‘October 13, 2016 ‘The statement/citation is deliberately crafted to mislead voters about the use of their tax monies. Its publication and perpetuation is reckless. The citation fails to accurately corroborate the false claim made in the advertisement. ‘The Fund for Great Public Schools has purportedly paid the carriers to run this false and defamatory advertisement from now until Election Day, thereby maximizing the damages caused to Senator Larkin by The Fund for Greater Public Schools and his opponent's ‘campaign and your media outlets. Therefore, because the advertisement conveys messages plainly disproven by fact, and such facts are publicly available on government websites, I respectfully demand that your cable network refuse to air the advertisement and that no airings of this misleading content be allowed on your cable network. ‘Ads by non-candidate third parties like PACs, labor unions, and other advocacy groups are not “uses”, even though they may resemble them in look and content, “This attack ceemcemant by he Hand For Public Schools does not constitute a “candidate use.” Under 3. atic omm., 412 US. 94 (1973), and Nat'l ‘Conservative Political Action Comm, 89 FCC 24 626 (1982), your network isnot obligated to air any advertisements from third parties, such as this one, as third parties have no guaranteed right of access to air their advertisements on your network. Thus, broadcasting stations are not protected from legal for airing a false and misleading advertisement from third party political actors. If a spot is not a “use”, a broadcaster who airs it is not necessarily immune from liability for any defamation, infringement, etc., occurring in the spot. That means that, before accepting a non-use” political spot for broadcast, station personne! should take a very careful look at the spot’s content and be prepared to insist on changes — or even to reject it — if it gives rise to serious concerns. In the instant case, it appears that no inquiry was made as to the veracity of the advertisement or defamatory nature of its claims. Broadcast licensees have a legal responsibility to review and to eliminate any false, misleading, or deceptive materials contained in advertising. We urge you to recognize the blatant disregard for the truth by The Fund For Great Public Schools and we respectfully demand that your network refuse to further air this false and misleading advertisement, We further request that you reject any attempts by The Fund For Great Public Schools to purchase time for the future airing of this Advertisement because of its material misstatements of fact and blatant disregard for the truth of the matter. 1 ask that you please contact me before the close of business today to advise as to your cable network’s actions(s) with respect to cessation of the airing of this advertisement. I will contact you later today if I have not heard from you by Iste afternoon.Ms, Randi ‘October 13, 2016 ___ Thank you for your prompt attention to this matter. I will anticipate yo ‘Very truly