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BY ELECTRONIC FILING
Honorable John T. Copenhaver, Jr.
Dear Judge Copenhaver:
The parties in the above-captioned case respectfully submit this letter in response to the Court's request for clarification regarding paragraph IV(F) of the proposed Final Judgment. In the telephone conference on June 21, 2010, the Court raised several questions about the implementation of the Charleston Daily Mail subscription discount program called for by paragraph IV(F) of the Final Judgment. At the Court's suggestion, the parties have agreed to amend the terms of paragraph IV(F) to address these questions. The amended Final Judgment was submitted to the Court on July 9, 2010. The parties have also agreed to submit this letter, which describes in greater detail how the Defendants, through Charleston Newspapers, plan to implement the subscription discount program.
The parties agree that the Defendants' plans, if carried out as described below, satisfy the requirements of paragraph IV(F) of the Final Judgment.
Charleston Newspapers intends to offer 50% discounts on pre-paid orders for three-month Daily Mail subscriptions to subscribers who have not been home delivery customers in the previous 60 days, which is the standard period of time used by Charleston Newspapers to refresh a customer's account. Home delivery customers include subscribers to either the daily Charleston Daily Mail or the daily Charleston Gazette; neither newspaper's daily subscribers will receive this offer. Home delivery customers do not include Sunday-only subscribers or Saturday/Sunday package subscribers, both of whom will receive this offer. Prepayment is standard practice in the industry to avoid the subscriber turnover that such offers typically generate.
Charleston Newspapers intends to publicize this offer as follows:
As required by paragraph IV(F) of the proposed Final Judgment, Charleston Newspapers will make this offer by these means commencing no later than 30 days after the entry of the Final Judgment, and continuing for a period of no less than six months thereafter. Charleston Newspapers will make this offer only for the Daily Mail during this time, and not for the Gazette.