Time Warner Surrenders to CBS’ Money Demands; Digital Rights Still in Contention

Phillip Dampier August 8, 2013 Consumer News, Data Caps, Editorial & Site News, Net Neutrality, Online Video, Public Policy & Gov't, Video Comments Off on Time Warner Surrenders to CBS’ Money Demands; Digital Rights Still in Contention

surrenderIf Time Warner Cable is concerned about the rising cost of cable television, it sure didn’t show it after sources revealed the cable company quickly accepted CBS’ demands for more compensation but is refusing to budge until it wins rights to show CBS programming on mobile platforms.

Sources tell the Daily News Time Warner quickly agreed to a major increase from 50 cents a month per subscriber to $2 a month for CBS content, but is keeping CBS-owned stations and cable networks off the dial until the network agrees to let the cable company distribute on-demand and live programming on cell phones, tablets, and personal computers.

Earlier this week, Time Warner Cable CEO Glenn Britt made an offer CBS couldn’t wait to refuse: the cable company would put CBS programming back on the lineup if it could be sold to customers a-la-carte instead of bundling it with other channels.

That would “allow customers to decide for themselves how much value they ascribe to CBS programming,” Britt said in a letter to CBS CEO Leslie Moonves that was promptly posted online.

CBS called the idea a sham, noting a-la-carte runs contrary to the economic model the cable industry itself regularly and loudly defends. Try telling ESPN, which costs every cable subscriber more than $5 a month, it will now be offered only to customers that want to pay for it.

Phillip "Capitulation Corner" Dampier

Phillip “Capitulation Corner” Dampier

In fact, for most cable operators, the concept of selling customers only the channels they want is the nightmare scenario. Average revenue per subscriber would tumble as consumers rid themselves of networks with three digit channel numbers they didn’t even know they had. Goodbye ‘Yarn Creations’ on Generic Home Shopping Channel 694, Bosnian music videos, reruns of Simon and Simon, mysterious networks showing episodes of Law & Order that USA Network already burned into your permanent memory, and that “fine arts” network that shows endless hours of Antiques Roadshow dating back to 1998.

Digital rights is an important issue for both cable companies and programmers. Although both sides deny “cord cutting” is real, the intensity of the fight allowing online viewing says otherwise. If CBS gives away rights to Time Warner Cable to show live and on-demand programming to subscribers, CBS can’t make as much money offering shows on its own website (with its own ads), much less sell programming to customers. Time Warner fears if CBS only offers online programming through its own website, customers might decide they don’t need the cable company to watch those shows any longer.

“At the moment the cable operators have the leverage because the more that CBS is off the cable, the more that they realize the viewers don’t need it,” said media expert Michael Wolf, former Yahoo! board member and president of Viacom-owned MTV Networks.

For now, many viewers are turning to pirate video sites to catch the CBS shows they are missing. TorrentFreak reports huge spikes in illicit download traffic of CBS content over the weekend. Under the Dome was the source of much of the spike, although customers are also downloading pirated copies of Showtime programming. The evidence is clear: take away popular programming and customers will simply download it illegally from third-party websites.

As summer wanes and the fall football season approaches, just about everyone expects the war will quickly end, because football fans are more than willing to drop a provider if they can’t spend several hours in front of the television Sunday afternoon. Considering Time Warner has reportedly already caved in on CBS’ money demands, it is likely CBS will be able to eventually extract even more money from the cable company to secure digital distribution rights. Subscribers will pick up the tab for both during the next round of rate increases beginning this fall in the south and by January in the northeast.

Time Warner Cable’s latest regulatory notice admits current deals with more than 50 networks are due to expire soon, and the company may cease the carriage of one or more of the networks. They include: Lifetime, E!, Style, Turner Classic Movies, and the NHL Network. So just like Law & Order reruns, we will see this episode again in the near future.

The PGA is offering a way for golf fans to watch the PGA Championship online, bypassing the CBS-TWC dispute.

The PGA is offering a way for golf fans to watch some of the PGA Championship online, bypassing the CBS-TWC dispute.

[flv]http://www.phillipdampier.com/video/CNBC PGA Time Warner 8-8-13.mp4[/flv]

Perhaps the biggest loss viewers without CBS will experience this weekend is the PGA Championship. CNBC talks with tournament officials in Rochester, N.Y., about the possibility of viewing alternatives. But golf fans can watch parts of the tournament for free from the PGA’s website. (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg The Future of Cable Post CBS-TWC Battle 8-6-13.flv[/flv]

Bloomberg News reports that while many cable viewers could care less about the loss of CBS and Showtime, broadband customers may care very much when cable operators start charging extra for Netflix or add punitive usage caps to make sure customers don’t cut cable TV’s cord. (3 minutes)

Time Warner Cable Quietly Delivers Nationwide Incremental Internet Speed Upgrade

twcTime Warner Cable broadband customers who briefly unplug their modems to reset them will discover slightly improved download and upload speeds from the cable company.

Multiple customers from around the country have reported to Stop the Cap! Internet speeds have been over-provisioned by at least 10 percent as of this week and the PowerBoost feature that delivered a short burst of faster speed during the first few seconds of a download appears to be discontinued.

Before

Before

On average customers can expect the following speeds:

  • Standard (was 15/1Mbps) is now 16.5/1.2Mbps
  • Turbo (was 20/2Mbps) is now 22/2.2Mbps
  • Extreme (was 30/5Mbps) is now 34/5.6Mbps
  • Ultimate (was 50/5Mbps) is now 55/5.6Mbps

We have also heard from four different customers that Time Warner Cable has started providing a DOCSIS 3 modem for Turbo customers, which means those considering Turbo service and planning to buy their own modem will best be served choosing a DOCSIS 3 compatible unit. We continue to highly recommend the Motorola SB6141.

After

After

We do not expect Time Warner Cable to advertise the speed increases. They are likely a result of the discontinuation of the PowerBoost feature which was first offered to Time Warner Cable customers in New York City in 2008 and became available nationwide a year later for Standard and Turbo tier customers.

The Federal Communications Commission’s ongoing verification of the nation’s largest ISPs advertised speeds would have registered a broad-based speed decline had Time Warner simply discontinued the temporary speed boost technology. PowerBoost does affect speed test results because it provides a temporary speed bump during the download speed verification process. By “over-provisioning” customers’ broadband speeds, the company can compensate for the change and likely even see an improvement of its speed ranking by the FCC’s testing program.

Time Warner Cable increased broadband rates by $3.00 this summer and raised its monthly modem rental fee to $5.99 this month.

Sen. Schumer Warns Your Internet Enabled Smart TV May Be Spying on You

Sen. Schumer

Sen. Schumer

That new Internet-enabled television in your living room may be allowing virtual Peeping Toms to watch and listen to you because manufacturers never bothered with adequate security measures to keep unwanted guests out.

Sen. Charles Schumer (D-N.Y.) is calling on major television manufacturers to create a uniform security standard to stop the hacking before it becomes widespread.

A security research group recently highlighted security flaws in so-called “smart” TVs that make it simple for anyone to hack the television’s internal microphone and embedded camera originally designed for video chatting. The security group warned that almost anyone could begin eavesdropping within minutes of identifying a vulnerable television — most lacking any significant security measures to prevent unauthorized video spying.

“You expect to watch TV, but you don’t want the TV watching you,” said Schumer. “Many of these smart televisions are vulnerable to hackers who can spy on you while you’re watching television in your living room. Our computers have access to firewalls and other security blocks but these televisions do not and that’s why manufacturers should do everything possible to create a standard of security in their internet-connected products.”

The security vulnerability exists because many modern “smart” TVs are now connected to the Internet. To enhance the social experience, many of these televisions are equipped with microphones and unobtrusive video cameras similar to those found in a laptop. But many consumers do not realize these devices could allow anyone on the outside to activate the camera and microphone unbeknownst to the owner and quietly watch and listen in on what is happening inside a home.

Particularly vulnerable

Particularly vulnerable

Samsung televisions starting with the 2012 model year were called particularly vulnerable to hacking. Researchers found they could not only access cameras and microphones, they could also tap into the television’s web browser, steal user accounts and passwords, and redirect consumers to hacked websites designed to capture personal information including credit card numbers and bank account information.

Some manufacturers have not taken responsibility for the security flaws, suggesting worried consumers put black electrical tape over the camera or unplug the TV when not in use. Samsung has issued patches for many of the affected devices and promises more changes in future models.

Schumer called current measures inadequate and too often leave the burden solely on consumers. He wants an industry security standard implemented that includes a firewall and other security measures that keep unwanted visitors out without forcing consumers to disable features they paid to have on their television.

[flv width=”368″ height=”228″]http://www.phillipdampier.com/video/WTEN Albany Schumer Says TV Could Be Watching You 8-4-13.mp4[/flv]

Your Internet enabled television set may be vulnerable to hacking. WTEN in Albany reports Sen. Schumer wants manufacturers to create a uniform security standard to keep unwelcome visitors out of your living room. (2 minutes)

Wall Street: Deny New Customers Discounted Pricing if Fleeing Time Warner Cable

btigA Wall Street analyst has urged Time Warner Cable’s competitors to deny promotional pricing to new customers switching providers because of the CBS blackout.

“While Time Warner Cable’s competitors appear to be resisting predatory marketing campaigns to take advantage of the CBS blackout, at least so far, we believe they need to go even further to cause real industry change,” wrote BTIG Research’s Richard Greenfield. “While TWC’s competitors cannot stop consumers from switching their video service provider due to the loss of CBS, they could make it less appealing to switch due to a programming dispute blackout.”

Greenfield wants providers to support solidarity against programmers like CBS by not taking advantage of the situation to poach subscribers away from Time Warner with attractive promotional packages and pricing. He believes it will ultimately lead to lower prices for consumers.

“The only way to begin to shift leverage in these content negotiations is for [providers] to start supporting each other in programming disputes, rather than try to steal each others’ subscribers,” said Greenfield. “We believe it would make strategic sense for all major [providers] to add a script to their website and call-center new customer acquisition process that asks whether a customer is switching due to the Time Warner CBS dispute (or whatever disputes are currently on-going in the country).  If the answer is ‘Yes’ we believe that consumer should not be offered promotional pricing and should be informed that these types of disputes are becoming a problem for all video providers — essentially teaching consumers that ‘switching won’t help’ during these short-term programming battles.”

cbs twcDirecTV is among the first to express solidarity with its cable competitor, issuing a statement last weekend:

DirecTV has certainly had its share of these battles, so we applaud Time Warner Cable for fighting back against exorbitant programming cost increases. We are also appalled to learn that CBS is now punishing DirecTV customers, who may happen to have Time Warner as their Internet provider, by denying them access to CBS content online.

Greenfield’s suggestion essentially asks that cable operators and telephone companies agree not to compete. His idea also penalizes consumers caught in the middle of programming disputes that customers ultimately pay for in the form of higher bills. We think it comes dangerously close to illegal, anti-competitive behavior. Even Greenfield seems to understand his suggestion comes close to the line.

“It is obviously illegal for MVPD’s to collude,” Greenfield concludes. “However, it is not illegal for each to do what is right for the future of their business, even if it means passing on short term opportunity.  Tacit cooperation is the best strategy we see available, barring government intervention.”

What is right for business is not right for consumers. Stop the Cap! strongly recommends those signing up with a competitor over programming blackouts avoid explaining their reasons for switching. As well as being none of their business, being candid could cost consumers valuable money-saving discounts and promotions that other new customers receive.

We believe the most effective “game-changer” in the fight between providers and broadcasters demanding 600% rate increases for programming available for free on any television is technology like Aereo, which picks up over-the-air stations with dime-sized antennas and provides customers with online streams of those channels. This technology, if found legal, could eventually be adopted by cable operators to avoid retransmission consent payments altogether or use as effective leverage in negotiations. Aereo is a win-win for providers and consumers. Telling providers to deny consumers new customer pricing just because someone wants to get missing programming back is not.

We’d remind Greenfield of this universal truth: cable bills never go down unless a customers downgrades or threatens to leave.

AT&T’s Purchase of Cricket-Leap Wireless Wins Hundreds of Millions in Tax Writeoffs

cricketAnalysts were surprised at the premium price AT&T agreed to pay when it announced last month it was acquiring Leap Wireless — owner of the Cricket brand prepaid cell phone service — for $1.2 billion plus assuming $2.8 billion in net debt. But newly released documents show AT&T will win significant tax concessions allowing it to shelter hundreds of millions in revenue from the tax man.

In fact, the more Leap Wireless piles up debt and hemorrhages customers, the more AT&T’s taxes go down.

If AT&T wins approval for its deal to take over Cricket’s dwindling customer base, wireless spectrum, and the company’s existing wireless network, it will receive 20 years of tax savings from “pre-change” losses, offering AT&T a tax shelter worth $155 million in taxable income a year. That means AT&T will see at least a $60 million reduction in its tax bill each of the first five years after the deal is approved. Then the savings decrease somewhat for the next 15 years as AT&T gets to write off $35 million annually.

Despite Cricket’s efforts to promote its bundled music and prepaid cell services as an industry game-changer, customers did not agree.

On Thursday, Leap admitted Cricket lost $163 million, or $2.09 per share, on revenue of $731 million for the quarter ended June 30. The company also saw 18 percent of its customers leave over the past year, with 4.8 million remaining. Leap management admitted it was becoming increasingly difficult to compete because its network was smaller than its larger competitors and Cricket had trouble acquiring the hottest smartphones to sell to customers.

Leap has been peddling Cricket on the wireless market since 2009 with no takers, even after it began to slowly pursue a network upgrade to 4G LTE service that was more promise than reality. Recent disclosures show the company lacked the money to expand more quickly.

AT&T still showed little interest in the little carrier that couldn’t over the course of 2012.

att cricketIn May, as T-Mobile closed in on its takeover of similarly sized MetroPCS, things changed. AT&T ended up being the sole bidder for Cricket, offering $9.50 a share.

AT&T raised its offer to a whopping $15 a share after Leap executives promoted Cricket as a useful brand for AT&T to improve its standing in the prepaid market. But executives also sold AT&T on the fact Leap was lousy in debt, which opened up significant tax savings opportunities for AT&T.

BTIG Research’s Walter Piecyk thinks AT&T is shelling out a lot for Leap, even after considering the tax and spectrum benefits. But more than anything else, AT&T may have been willing to pay a premium for Cricket just to make sure none of its competitors, particularly T-Mobile, got there first.

The deal still requires approval by the Federal Communications Commission with a likely weigh-in from the Department of Justice’s Antitrust Division.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg ATT Buys Leap Wireless Who Wins 7-15-13.flv[/flv]

Moffett Research senior research analyst Craig Moffett tells Bloomberg News AT&T’s acquisition of Leap Wireless sticks it to competitors, in particular T-Mobile. AT&T’s purchase blocks T-Mobile and other carriers from getting access to Cricket’s wireless spectrum. Moffett also talks about the trend towards wireless mergers and acquisitions and how Verizon and AT&T got stuck with unwanted, unsold iPhones that could cost the companies millions. (6 minutes)

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