Charging that cable operators with coveted programming assets are “gaming the system,” the Consumer’s Union (CU) urged the FCC to close the so-called “terrestrial loophole,” which exempts cable operators that also act as program distributors from observing program access rules that apply only to satellite-delivered content. The CU pressed its case in an ex parte letter to the FCC that addresses an ongoing inquiry into the FCC’s program access rules, tying arrangements, and the relationship between video programmers and distributors. Observing that some cable operators have used the terrestrial loophole to prevent direct broadcast satellite operators and unaffiliated multichannel video service competitors from gaining access to popular programming, the CU complained that the loophole “undermines . . . competition.” In recommending elimination of the terrestrial loophole, the CU added: “we see no reason or logic that suggests that program access rules should be specific to one type of technology versus an alternative that did not exist at the time the rules were first enacted.” To promote competition and program choice further, the CU also called for the adoption of rules that (1) require video programmers to offer cable operators wholesale access to unbundled program packages and (2) create a “fair and timely process” for the resolution of program carriage disputes.