Time Warner Cable Wants You To Help Fight “Unfair” Programming Prices, But Won’t Let You Choose Your Own Channels

Phillip Dampier November 25, 2009 Editorial & Site News, Video 28 Comments
Phillip "But I Don't Want to Pay for The Golf Channel" Dampier

Phillip "But I Don't Even Want The Golf Channel" Dampier

Time Warner Cable unveiled a new website this afternoon, RollOverOrGetTough, asking customers whether they want the company to “roll over” and pay the prices cable programmers demand or “get tough” and threaten to drop channels that demand too much.

This, of course, is rich coming from the company that loves to raise your rates every year, overcharge you for your broadband service with experimental usage caps and “consumption billing,” and has had a long history of owning and/or controlling many of those ‘greedy cable networks.’  Oh, and they won’t give you the choice of paying for just the channels you want to watch, either.

Want to send a message to the cable network bad-boys that demand too much?  Give your customers the right to opt out.

rolloverThe cable industry has fought a long-running battle with cable programming networks over the fees they pay on a per-subscriber basis to carry those channels.  The revenue earned by those networks helps them acquire programming that is attractive to potential viewers, and the advertisers that follow.  Back in the 1970s and 1980s, most cable subscribers spent their time watching local broadcasters, “superstations” — imported TV stations from cities like New York, Chicago, Atlanta, and Los Angeles, and premium movie channels.  The basic cable networks back then didn’t run off-network TV shows.  Most ran cheaply produced documentaries, talk shows, imported shows from overseas, limited interest cultural programming, or music videos.  Sports programming rarely involved major teams, or major sporting events for that matter.

By the early 1990s, virtually every basic cable network was either owned outright or in part by one of the major national cable or broadcasting companies.  NBC and ABC dabbled in cable themselves, while CBS steered clear after being burned by a terrible experience with CBS Cable in the early 80s.  Launched as a cultural network devoted to opera, theater, and dance, it shut down a year after launching, having attracted minuscule audiences.

The lesson learned — create or buy programming viewers will actually want to watch.  That takes money, and the fees charged to cable operators for cable networks began rising rapidly.  Suddenly, off-network TV shows viewers used to watch on WPIX, WGN, WWOR, KTLA, or WTBS suddenly started showing up on basic cable instead.  The biggest turning point came when sports networks like ESPN started bidding for, and winning the rights to televise major league sporting events.  Nothing costs more than sports, and broadcast and cable networks have been bidding up prices ever since.

As basic cable networks became popular with viewers, their ability to make demands on cable operators grew exponentially.  Suddenly, certain cable networks demanded they be given low channel numbers, that cable companies had to also carry affiliated spin-off cable networks if they wanted access to their primary service, and that programming must always be carried on basic cable — not on some digital cable tier or other similar extra-cost tier.

For years, cable operators didn’t care too much as they just passed the increases on to customers.  Where could viewers go except to the cable company?  I recall the sticker shock customers had when basic cable first exceeded $20 a month, then $30.  Today it’s headed for $60 a month in many areas.  Cable companies attempted to placate angry customers by adding several new channels to the lineup just prior to the rate hike letter, telling them they were now receiving greater value than ever from their cable company.  The following year, those new channels wanted more money, too.

The “500 channel universe” that sounded promising a decade ago is now a nuisance for many subscribers, irritated they are paying for hundreds of channels they never watch.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WIVB Buffalo Report on TWC Campaign 11-25-09.flv[/flv]

WIVB-TV Buffalo reported on Time Warner Cable’s fight against programming prices, but itself (along with sister station WNLO-TV) was thrown off Time Warner Cable’s cable lineup over a contract dispute for most of October, 2008.  LIN TV Corporation, owner of both stations, had reportedly demanded 25 cents per month per subscriber for permission to carry the stations on cable. (1 minute)

In a difficult economy, justifying a $150-200 cable bill for television, broadband, and phone service is harder than ever.  Consumers want new options.  Satellite television provided limited competition, and a few large phone companies are set to deliver a bit more.  But some subscribers have decided paying this kind of money for television every month is outrageous, and they have finally jumped off the merry-go-round.  Some younger people are never getting on, relying entirely on their broadband service to watch television programs and movies on demand.

Time Warner Cable’s attempt to enlist customers in their sudden war on programming rate increases is likely to be seen by many as a classic pot to kettle cable quandary.  The company that still wants to force Internet Overcharging schemes on their broadband subscribers and is now raising rates in many areas has some chutzpah asking customers to fight for them:

No one likes paying more. You don’t. We don’t. Yet, every time our contracts with TV program providers come up for renewal, that’s what we face. Price increases. Big ones. Up to 300% more. Sometimes we can avoid passing them on to you. Sometimes we can’t. Sometimes, a network will threaten to take your shows away if we don’t roll over. Whenever that’s happened in the past, we’d make the best deal we could and hope that would be the end of it. But it never was. So no more. The networks shouldn’t be in the driver’s seat on what you watch and how much you pay. You’re our customers, so help us decide what to do. Let us know if you want us to Roll Over, or Get Tough. We’re just one company, but there are millions of you. Together, we just might be able to make a difference in what America pays for its favorite entertainment.

[flv width=”408″ height=”296″]http://www.phillipdampier.com/video/TWC The NFL Wants You To Pay Ad.mp4[/flv]

Time Warner Cable ran this ad in its dispute with the NFL Network over carrying the channel on cable lineups.  Warning: Loud Audio (30 seconds)

To be sure, cable companies are confronted by some pretty bad offenders during contract renewals.  Some demand several dollars a month per subscriber, whether you watch the channel or not:

NFL Network: This one has been kept off Time Warner Cable for years because they want an enormous amount of money and demand to be carried on the basic cable lineup, where they can expose every subscriber to their monthly programming fee.  TWC has repeatedly said no because a significant part of any rate increase will come from just this single network.

Sports Networks: In general, the biggest price hikers are sports channels.  ESPN and its sister channels demand several dollars a month for every subscriber.  Single sporting event channels, particularly YES, the Yankees network are also often very expensive.  Regional sports channels are obscenely expensive, and many cable systems finally forced them into their own sports tier, where those who want them pay for them.

Fox/News Corporation: Fox News Channel in particular commands mind-boggling subscription fees, usually more than every other news channel combined.  Many systems also got stuck carrying and paying for Fox Business News, a ratings dog attracting fewer than 20,000 viewers nationwide at any one time.  Time Warner Cable faces expiring contracts for many Fox channels, and the renewal of them (at characteristically higher rates) will likely involve a brutal battle over what subscribers will be stuck paying for FX, Fuel, Speed, Fox Soccer, and several regional sports networks.  That’s before the cable operator also has to conduct negotiations over how much Fox-owned local stations are going to demand in return for carriage on Time Warner’s lineup.

The nastiest battles are often fought with local television stations, especially when they are collectively owned by a single company.  Sinclair Broadcasting, which owns several Fox and other network affiliated stations, is known for playing hardball with cable companies.  Other station owners known for being willing to yank their stations off cable if the company won’t pay their price include: Gray Television, Journal Communications, Meredith Corporation, Nexstar Broadcasting Group, and LIN TV Corporation.  Typically these battles pit cable and broadcasters against one another with viewers in the middle, wondering if their local station will still be on their cable lineup in the morning.

In the end, cable companies tend to cave in or negotiate slightly better deals to get the local stations back on.

[flv width=”320″ height=”260″]http://www.phillipdampier.com/video/KXMC Bismarck KNDX Yanked from Cable 4-2-09.flv[/flv]

KXMC-TV in Minot, North Dakota reported that North Dakota Fox affiliate KNDX-TV was out in the cold after Midcontinent Communications yanked the channel off during a contract dispute.  (4/2/2009 – 1 minute)

It’s no surprise that everyone wants a piece of cable’s action.  Nor are we surprised by a number of comments left on news sites reporting this story that Time Warner Cable’s new campaign has often been met with derision by subscribers, who absolutely loathe the company for its past pricing practices.  In the cities where the company tried to engineer a tripling in price of broadband service — to $150 a month for the same level of service customers used to enjoy for $50 a month, I wouldn’t hold my breath.  Customers aren’t likely to hold hands with a company that wants to “save you a few dollars” off your cable bill while emptying your bank account for your broadband service.

If and when Time Warner Cable wants to permanently bury any notion of Internet Overcharging schemes, drop us a line.  Perhaps then consumers will join a programming price revolt run by a company that’s got our back, instead of our wallet.

Canadian Mobile Data Wars: Rogers May Be Forced to Pull Down “Most Reliable” Ads – Telus’ Goats Jump for Joy

Phillip Dampier November 25, 2009 Bell (Canada), Canada, Competition, Rogers, Telus, Video, Wireless Broadband 1 Comment
Telus' goats jump for joy with the company victorious over Rogers' "misleading" claims about network reliability

Telus' goats jump for joy as the company wins a favorable ruling in the B.C. courts over Rogers' "misleading" claims about network reliability

Ad wars over wireless data don’t just happen in the States.  Canadian providers have also been at each other over ad claims that just don’t tell consumers the whole story.  That’s the conclusion of a judge in British Columbia, who ruled that Rogers Communications’ wireless ads touting the provider as Canada’s “most reliable” are misleading.

In a court ruling Tuesday, the judge ruled in favor of a complaint lodged by Telus Communications that argued their wireless network was just as good as what Rogers had to offer.

[flv]http://www.phillipdampier.com/video/Rogers Stick Internet Fastest Network Ad.flv[/flv]

Rogers “Prove It – Foot Print” Ad touts “Canada’s fastest mobile network.” (30 seconds)

What is really at issue, once again, is the differences between two different wireless network standards.  Rogers beat Telus and Bell in upgrading its network to “High Speed Packet Access” technology, which has been marketed with more familiarity to consumers as “3G.”  Once Rogers launched the service, up went advertising promoting Rogers as the “fastest” and “most reliable” Canadian mobile provider.  Last month, Rogers was forced to drop the “fastest” claim, but has maintained it runs the most “reliable” network in the country.

Now that Telus upgraded their network, they wanted to know what justification Rogers had to claim that.  Telus eventually sued.

Justice Christopher Grauer found Telus had cause.

“The only basis Rogers ever had for making that representation was the comparison between its HSPA network and its competitors’ first-generation EVDO networks,” Grauer wrote in his decision. “Rogers’ representation nevertheless continues to be made. In these circumstances, I conclude that is misleading.”

“What is clear from the evidence before me is that the present network technology is at least equivalent between Rogers and Telus,” the judge wrote.

“The technological advantage that allowed Rogers to represent that it has Canada’s most reliable network has disappeared.”

“I conclude … that the balance of convenience favors the granting of an order restraining Rogers from continuing to represent, without appropriate qualification, that it provides ‘Canada’s most reliable network’.”

The case has some slight similarities to the Verizon-AT&T spat, if you took AT&T’s position in the case.  Rogers, in this case, promoted its 3G network before the others had networks of their own, and used language that suggested that 3G access provided enhanced reliability.  Once the competition also upgraded, Rogers simply added new fine print in their advertising touting that 3G was better than the older network standards their competitors had relied on up until earlier this month.

Rogers claims they are “perplexed” by the decision because they still believe they have the most reliable network.

[flv]http://www.phillipdampier.com/video/Rogers Most Reliable Dropped Call Ad.flv[/flv]

Rogers, “Canada’s most reliable network” doesn’t drop calls in elevators, according to this ad. (30 seconds)

TelusThere is no “good guy” in this story, however.  Once Bell upgraded their network on November 4th, they promptly began running commercials claiming they have Canada’s best network themselves.

Telus has the cutest… ads that is.  Nobody does cute quite like Telus.  Since 2001, the company has relied mostly on critters to sell their goods.  Among them: pot-bellied pigs, bunnies, tree frogs, monkeys, lizards, ducks, fish, hedgehogs, parrots, meerkats, and perhaps to celebrate their western Canadian roots, lots and lots of goats.

Watch the petting zoo, and some other Canadian wireless ads below:

… Continue Reading

Joost Sold to Online Ad Firm Adconion

Phillip Dampier November 24, 2009 Online Video 2 Comments

joostJoost, the troubled online video site launched by the founders of Kazaa and Skype has been quietly sold for an undisclosed sum to an online advertising firm.

Adconion Media Group said Tuesday it acquired both the distribution technology that makes Joost function and the Joost trademark.  The dozen or so remaining employees Joost kept on will become Adconion employees and help the site continue some of its entertainment focus.

Joost’s business plan was based on ad-supported programming, but with the 2008 economic crisis causing the bottom to drop out of online advertising, the company couldn’t sustain itself.  Efforts to refocus on online video delivery for businesses also proved challenging.  Joost has been on the sales block for months, with cable operators Comcast and Time Warner Cable approached about a possible deal.  But both cable operators signed on to the TV Everywhere concept instead.

About 12 Joost employees — the majority — were given jobs at Adconion, which plans to continue operating Joost.com as an entertainment site.  Presumably most of the online advertising that remains will be managed by Adconion itself.

Janus Friis and Niklas Zennstrom, the founders, initially envisioned Joost as a peer to peer sharing site for video, but didn’t fare well at a time when many online video sites had left the peer to peer model behind for direct delivery of video.

Cable Companies’ Big Internet Swindle: They Charge You $40 For Broadband That Costs Them $8 To Provide

Adam Lynn

Adam Lynn

Most people agree: They pay their cable company too much money. Not only is this view widely held, it’s also backed up by hard numbers.

In September, Free Press submitted a filing with the Federal Communications Commission in response to its inquiry into whether broadband is being deployed in a “reasonable and timely fashion.” While preparing this filing, we dredged up some stunning numbers on the cable industry’s Internet windfall.

Anyone reading this blog post could probably offer dozens of reasons why the Internet rocks, so we don’t always feel as though we’re paying too much for access to such an amazing resource. That said, by the time you finish reading this, I’m willing to bet you will.

Why do I seem so sure? It’s all in the numbers. Let’s first look at cable operators’ obscene profit margins for broadband service. Some financial analysts and institutions have noted that the profit margin for cable Internet subscribers is on the order of 80 percent. In other words, your cable company charges you $40 for something that costs them $8 to supply.

Hard numbers

The research team at Free Press, of which I’m a part, set out to see if we could prove cable’s big swindle by providing some hard numbers. We looked at the latest detailed financial information from Comcast and calculated estimates on the range of costs incurred by the company (for instance, advertising, customer service, upgrades, etc). This estimate does not include the initial expense for laying cable because those one-time costs have been fully recouped.

In our research, we found that for the second quarter of 2009, Comcast had a profit margin for its cable Internet service of about 70 percent (See pp. 41-43 of our filing if you’d like a closer look). Outrageous, right? Getting a little PO’d?

The only service I know for which consumers are subjected to even more obscene overcharging is text messaging. For those of you paying attention to the debate over Internet service providers’ push to further overcharge consumers based on how much bandwidth they use, have a look at pp. 44-45 of our filing (though you may want to have handy a couple stress balls or voodoo dolls before you do). You’ll see just how marginal the increase in providers’ costs is for greater bandwidth use.

One other relevant fact here is that your local cable Internet service uses just a few “channels.” So while about a quarter of cable operators’ revenue comes from selling Internet access, they only allocate around 3 percent of their networks’ total capacity to provide that access..

No equipment upgrades, no faster Internet

With major advances in technology in recent years, U.S. cable operators now have the ability to increase our Internet speeds, but they’ve long been dragging their heels on using their immense profits to invest in their networks. You may have heard about cable companies beginning to offer downstream speeds of “up to” 50 or 100 Mbps using DOCSIS 3.0 technology. Of course, these faster speeds would only begin to catch us up to our overseas counterparts.

Most likely, though, your cable operator still hasn’t begun offering the service, but here is a peek of what you can expect if that changes. In our filing, we run the numbers on DOCSIS 3.0 to illustrate just how cheap these upgrades are in relation to your monthly service fee. In other words, we show just how inexpensive it is for cable operators to offer large swaths of the country much faster speeds.

In general, two pieces of equipment need upgrading in order to get faster Internet: the equipment in your nearby cable building, and the cable modem in your home. Your cable company charges you a monthly modem rental fee separate from your monthly cost for broadband (Comcast just increased its fee). You can also buy your own modem.

The second piece of equipment that needs upgrading for faster Internet is the cable company’s equipment (known as the CMTS). In most cases, this is simply a software upgrade (like an update of your operating system), and the cost savings associated with the upgrade appear to completely offset its cost. Making these upgrades will allow companies to offer much higher speeds, something they should already be doing, given how much we’ve all been paying them for years.

In our research, we discovered all sorts of cable operators and equipment manufacturers discussing just how cheap these upgrades are (see our filing, pp. 40-41). Japan’s largest cable operator revealed that these upgrades cost about $20 per household, while U.S. cable operator Charter puts that number at $8 to $10.

Of course, this all sounds like great news, right? Almost all of us can finally have those speeds that are offered to consumers overseas without an increase in price, given those huge profit margins and the low cost of upgrades. However, as you may have come to expect from U.S. broadband providers, wishful thinking and reality rarely align.

Sticker shock

Despite the low cost of upgrades, most operators are planning to make them in just a few places or, as they call it, “surgically.” The only company that is doing a more extensive job is Comcast. And despite being right in the midst of these upgrades, the company just reported a considerable drop in capital expenditures (read, investment) (see slide 8, here). What’s more, if you are “lucky” enough to have access to these new faster speeds, be prepared for some sticker shock. These cable companies are requiring monthly fees in excess of $100! This is in stark contrast to places that have far higher levels of competition, where companies are offering advertised download speeds of 100 Mbps for $60 per month. Now you’ve got to be riled up, no? Well, things are only going to get worse unless the FCC takes action.

In many of the less lucrative areas where phone companies are reluctant (if not outright opposed) to investing in their networks, cable providers are quickly becoming the only viable option for consumers wanting higher speeds. As it has in many previous quarters, Comcast alone added more subscribers than all the big phone companies combined in the third quarter of 2009. This means that there are more people than ever being swindled for mediocre Internet service. Unless the FCC’s national broadband plan includes strong recommendations to increase competition, this trend will only grow in the future.

If we got your blood boiling while reading this, go click on 09-137 and tell the FCC to stop the cable industry’s Internet swindle.

Adam Lynn serves as Policy Coordinator for Free Press in Washington, DC where he conducts research on issues related to media ownership, public media and the future of the Internet.

Rogers Introduces ‘On Demand Online,’ But Effectively Rations Your Use With Usage Caps

Phillip Dampier November 24, 2009 Canada, Data Caps, Online Video, Rogers 4 Comments

rogersRogers Communications wants you to watch television on your broadband service, but not too much.  The Canadian cable company’s On Demand Online service was previewed Monday at a media event with plans for a public launch on November 30.

On Demand Online will showcase specific television shows as well as the entire lineup of certain channels.  The service has more than a dozen partner networks providing programming, among them TVOntario, Treehouse, Citytv, SuperChannel, and Sportsnet.

Premium programming will be available to Rogers subscribers who also receive those networks as part of their cable television package.  No cable TV package?  No access for you.  (Update: Rogers says it will offer the service to customers of any Rogers service.)  For now, company officials say the service will be available for no additional charge, but will be ad-supported.  Using On Demand Online will count against your usage cap/consumption billing allowance.  The service offers two speeds for viewing – a low resolution 480kbps feed and a higher resolution 1Mbps feed.  Rogers intends to increase the quality of the high resolution service to 2-2.5Mbps in the near future.

Rogers rations your online TV experience with usage allowances that make sure you don't spend too much time online watching shows you should be viewing on your Rogers cable TV service.

Rogers rations your online TV experience with usage allowances that make sure you don't spend too much time online watching shows you should be viewing on your Rogers cable TV service.

Rogers’ usage allowances, a part of their well-established Internet Overcharging scheme, will make it difficult for those already spending a lot of time online to enjoy the service.  Watching the current high speed, higher resolution feed could exceed 1GB of usage in just over two hours according to Digital Home.  That drops in half when Rogers upgrades the quality of the feed.

Customers who blow through their allowance face overlimit penalties and fees on their next bill.

Qualified subscribers will access the service through Rogers’ broadband web portal using established account names and passwords.  While the service will work “on-the-go,” Rogers says it will be keeping an eye out for password sharing and will also impose any viewing limitations required by content producers.  That could mean what is okay to watch in Ontario is not okay in Alberta, due to licensing issues.

Stop the Cap! reader Ibrahim in Toronto wonders how Rogers expects to get a lot of customers excited about a service that will help erode their monthly usage allowance.

“Isn’t is fascinating that Rogers wants to effectively charge you for every hour you watch online when you’ve already paid for the channel on your monthly cable bill?  What’s next, a meter on top of the television set demanding a quarter for every 15 minutes of viewing?” he asks.

Susan in North York wonders why she’ll have to pay for every ad.

“When I read about this service, I thought we were finally going to get something like Hulu here in Canada, but with usage-based billing, who is going to use up their allowance watching shows with ads all over them — ads I am now going to pay to watch,” she wonders.  “I guess it’s newsgroups for me — I can download my shows without ads and pay less.”

While the program content can be fast-forwarded or rewound, commercial advertisements on the service cannot be skipped or hurried through.  Initially, the service is expected to show just one ad per program, but Rogers intends to eventually run the same number of ads consumers would find if watching the program live on television.  With up to 12 minutes of advertising per hour, that also helps slowly eat away your monthly allowance.

What are the monthly usage allowances for Rogers Hi-Speed Internet service?

Ultra Lite – 2 GB
Lite – 25 GB
Express – 60 GB
Extreme  – 95 GB
Extreme Plus – 125 GB

Please note: The grandfathered Ultra Lite and Lite monthly usage allowance is 60 GB. Also, Rogers Portable Internet and dial-up services do not have usage allowances at this time.

Will I be charged if I go beyond my monthly usage allowance?

Yes. If you exceed your monthly usage allowance, you will be charged as follows:

Ultra Lite – $5.00/GB to a maximum of $25.00
Lite – $2.50/GB to a maximum of $25.00
Express – $2.00/GB to a maximum of $25.00
Extreme – $1.50/GB to a maximum of $25.00
Extreme Plus – $1.25/GB to a maximum of $25.00

Please note: the grandfathered Ultra Lite over-allowance fee is $5.00/GB with no maximum, and the grandfathered Lite over-allowance fee is $3.00/GB with no maximum.

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