NOAA caught this ominous derecho cloud front in La Porte, Ind on June 29. The same storm would later cut power for millions all the way to the eastern seaboard.

A series of severe thunderstorms accompanied by near-hurricane-force winds caused millions of customers in several Mid-Atlantic states to lose power and telecommunications services late Friday, and some are expected to remain without service until at least this coming weekend.

The storm, known as a “derecho,” uprooted trees, which in turn knocked down power lines and caused wind-related damage to buildings from Ohio to West Virginia, Virginia to Maryland, and even into North Carolina.

But the storm also is raising questions about the massive failures in commercial telecommunications systems that left entire 911 emergency response systems offline for days, wireless networks non-operational, cell phone systems overwhelmed, and broadband service, deemed a lower priority by emergency officials, down and offline.

Some of the biggest problems remain in and around the nation’s capital and in the states of West Virginia and Virginia, where inadequate infrastructure proved especially susceptible to the storm’s damaging winds.

D.C., Maryland, and northern Virginia

In northern Virginia, calls to 911 were met by silence over the weekend, thanks to a catastrophic failure of Verizon’s landline network. With primary lines down, Verizon’s backup 911 systems also failed, leaving millions with no access to emergency responders.

Fairfax County officials finally put the word out the best way to summon emergency help was to drive (through streets littered with debris and downed power lines) to the nearest fire or police station for assistance.

“It’s just not OK for the entire 911 system in the region to go down for the period of time that we were out, especially after an enormous emergency where people needed to make those calls the most,” Sharon Bulova, chairman of the Fairfax County Board of Supervisors, told the Associated Press.

Verizon spokesman Harry Mitchell was left flat-footed, promising an investigation into Verizon’s latest 911 failure, and called the storm as damaging as a hurricane. He urged local officials to “move forward” beyond the immediate criticism and help make progress to get service restored.

Many emergency response networks also depend on telecommunications services, including fiber cables, to reach transmission towers for radio dispatch and mobile data terminals. In northern Virginia, the city of Alexandria has been managing to handle emergency dispatch services for several counties.

With power lines down, cable and phone lines often went as well. In those cases, electric utilities have first priority to restore service, and then cable and phone companies can begin repairs of their own.

Since cable operators rely on power companies to supply electricity to their amplifiers and other equipment, Comcast and Cox, which dominate the region, are blaming most of their outages on power disruptions, and promise service will be restored when the power returns.

Verizon’s DSL and FiOS broadband networks were both disrupted by the storm, primarily because of downed lines and power losses.Even wireless networks, which some might suspect would be immune to downed lines, were also seriously affected by the storm. Cell towers connect to the provider’s network through fiber optic and T1 lines, and although backup power generators can maintain a cell tower for days in some cases, backhaul line cuts can leave cell towers useless.

In metro D.C., call completion problems were a problem during the storm and sometime after as local residents turned to cell phones to communicate. Over the weekend, customers in and around Richmond, Va., found Verizon Wireless useless for text messages because of a service disruption. As backup generators ran dry of fuel, some cell towers that survived the initial storm have been shutting down until maintenance crews arrive and refuel.

The harshest criticism has so far escaped phone and cable companies. Instead, local officials and residents remain focused on Pepco, the power utility serving the Washington area. Pepco has learned from previous storms to become a master of lowered expectations, and is promising to do its best to restore power a week or more after the storm was a memory.

West Virginia and western Virginia

The state of West Virginia, and western rural Virginia state, have illustrated what happens when deteriorating infrastructure is asked to withstand winds of up to 100mph. Frontier’s operations in West Virginia were hit especially hard. Landline networks in that state had been allowed to deteriorate for years by former owner Verizon Communications. Frontier had its hands full trying to keep up with repairs, calling in additional staff and trying to maintain landline service in some areas with the help of generators.

That job was made much harder by a rash of generator thefts that impacted the phone company, and local authorities are still looking for those responsible. At least one-third of all central switching offices operated by Frontier in West Virginia remain on generator power as of yesterday. As of July 3, the company reported it has 12,000 repair requests still waiting for action.

It was a similar story in the western half of Virginia where independent phone companies and Verizon were faced with an enormous number of downed trees and power lines, many in rural areas. More than 108,000 Virginia residents are still without power as of this afternoon, and many will not see it restored until the weekend.

Because the derecho swept across a large area encompassing the entire state, it has been difficult for utility crews to respond from unaffected areas to assist in repairs because the damage was so widespread. Logistically, just coordinating repair operations has proved difficult because cell service has been spotty (or networks have been jammed with calls) in some of the worst-affected areas.

“Derechos are nothing to fool with, but still this was not the most serious storm Virginia has ever dealt with, and the impacts on our telecommunications networks seem to indicate they’ve been allowed to fall apart over the last several years,” shares Stop the Cap! reader Edward Klein, who lives near Roanoke. “I think an investigation is needed to make sure utilities are spending enough money to keep these networks in good shape so this kind of thing doesn’t happen everytime a storm sweeps through.”

Big cable and phone companies can thank 2011’s Hurricane Irene for keeping them from scoring #1 on the American Customer Satisfaction Index’s top most disliked companies in America. Those choice spots were reserved for utility companies on Long Island and in Connecticut.

But even the rain-soaker that left millions without power for weeks couldn’t keep America’s perennial hatred of cable and phone companies from the top 15 list:

#3 Charter Communications – The “Don’t Care-Bears” of Cable

America’s worst cable company delivers downright shoddy customer service and dodgy billing practices a loan shark would not dare try. The company has been flopping around like a beached whale since exiting its “stiff our creditors good with a quick trip to bankruptcy court,” and is now back to stiffing their customers instead:

“The sales rep originally promised us a $42.95 a month for services, with an introductory price of $24.95 for the first 3 months (a savings of $18 a month). After the introductory period ended, the company started charging me $56.95, when I finally caught on that they were charging me $14 more per month than what is said on the Work Order (could provide at anytime for proof), he never once mentioned that there will be a $10 more per month, and now the company says if you have no other cable service with us (Charter Communications), you are to be charged $10 more per month!!”

#4 Comcast – Hey, It Could Be Worse — At Least We’re Not Charter!

Comcast had a bad year with faulty e-mail, failing equipment, and more excuses than CVS has pills. Unprofessional contract installers also have problems keeping their hands to themselves. The largest cable operator in the country has also been known to empty checking accounts when they want their money, and there are horror stories about installers leaving wires, clips, and nails scattered on front lawns, quickly becoming projectiles when the mower runs over them.

Their cable service shampoos in mediocrity scoring 61 out of 100 and the “digital phone” service they run is the conditioning rinse, doing slightly better with a score of 67.

#6 Time Warner Cable – Always Listening to Customers, and Then Ignoring Them

Rated 63/100, Time Warner Cable managed a four point improvement over last year, which will be promptly erased if they keep experimenting with Internet Overcharging schemes.

Derided for “third world” customer service worthy of a despotic backwater dictatorship, slow Internet speeds, endless outages, and gouging rates, the ACSI has few nice things to report about America’s second largest cable conglomerate.

One customer vented, “TWC has destroyed my business and doesn’t give a damn: I first complained five weeks ago about outages and miserable upload speeds. I need to send large files to clients. I’ve had two technicians visit, who both found it was in the neighborhood. Today, I found the situation has not changed and am told there’s no further work order.”

Customers also complain about being stuck with Time Warner because there are no competing services in the area.

That being said, we’d rather have Time Warner Cable than AT&T or Comcast, and our personal customer service experience in western New York has been excellent for us, so it depends on where you live (and what competition they have in your area.)

#7 Cox Communications – Beam Me Up, Scotty!

Now we know where Time Warner’s four extra points came from — at the expense of Cox Cable, which is down by that same amount turning in a truly pathetic score of 63 out of 100.

Time Warner Cable occasionally threatens to buy out Cox, at least if industry rumors prove true, which might actually be an improvement.

Cox’s problem is time-honored for the cable industry — it gouges customers with outrageous rate increases the oil and gas industry don’t have the stomach to attempt.

Customers complain Cox is the High Priestess of Bait & Switch, signing customers up on one promotion and then shifting them to another, pretending the original offer was a figment of someone’s imagination. One customer:

 “I setup 2yr service w/Cox —1st yr @ $29.99, 2nd @ $49.99. Now after 6mon they changed it to 1st 6mon @ $29.99, 2nd 6mon @ $49.99, and 1 year @ 79.99.”

#11 CenturyLink – (Last)CenturyLink — America’s Worst Phone Company (Hey Frontier, You Get a Pass This Time)

CenturyLink, you must be so proud of your 66/100 score. In fact, add one more “6” and you’ll convince customers who already suspect you are the devil’s phone company.

“They lie about everything and do nothing,” one customer told ACSI. “I have been having issues with my Internet for a year and they have yet to help.” Another customer wrote that they’ve “had issues with CenturyLink employees flat out lying to [me] about the bill.”

Billing issues are most likely to be cited by complaining customers along with customer service representatives having less knowledge about the company’s products than customers do.

That being said, at least they don’t have the Frontier employee who insisted on telling us about the company’s wireless “wee-fee” network.  She admitted she had no idea it was “Wi-Fi.”

#14 DirectTV – Hey, We’re Looking Pretty Good Compared to the Other Guys

The satellite company managed 68/100, and the biggest problem they still have is misleading contracts and promotions that leave customers out of pocket for hundreds of dollars for deals that go un-honored and rebates that never arrive.

Discounts seem “luck of the draw” among customer service representatives:

“DirectTV raised the price for 30% after one year and said that they told me about this verbally, which is not true. My agreed price with Saha on the phone, a DirecTV employee, was $56.99 including two receivers and one HD/DVR receiver. DirecTV overcharged me on my first bill. When I complained, they said they forgot to give me my 30% discount. So over the next six months, they kept revising my bill but never got it right.”

Comcast is running “welcome back” ads in Chattanooga that still claim they run America’s fastest ISP, when they don’t.

EPB, Chattanooga’s publicly-owned utility that operates the nation’s fastest gigabit broadband network, has already won the speed war, delivering consistently faster broadband service than any of its Tennessee competitors. So when facts are not on their side, competitors like Comcast and a conservative “watchdog” group simply make them up as they go along.

Comcast is running tear-jerker ads in Chattanooga featuring professional actors pretending to be ex-customers looking to own up to their “mistake” of turning their back on Comcast’s 250GB usage cap (now temporarily paroled), high prices, and questionable service.

“It turns out that the speeds I was looking for, Xfinity Internet had all along,” says the actor, before hugging an “Xfinity service technician” in the pouring rain. “But you knew that, didn’t you?”

The ad closes repeating the demonstrably false claim Comcast operates “the nation’s fastest Internet Service Provider.”

“I see those commercials on television and I’m thinking, I wonder how much did they pay you to say that,” says an actual EPB customer in a response ad from the public utility.

It turns out quite a lot. The high-priced campaign is just the latest work from professional advertising agency Goodby Silverstein & Partners of San Francisco, which is quite a distance from Tennessee. Goodby has produced Comcast ads for years. The ad campaign also targets the cable company’s other rival that consistently beats its broadband speeds — Verizon FiOS.

EPB provides municipal power, broadband, television, and telephone service for residents in Chattanooga, Tennessee

Comcast tried to ram their “welcome back” message home further in a newspaper interview with the Times Free Press, claiming “a lot of customers are coming back to Xfinity” because Comcast has a larger OnDemand library, “integrated applications and greater array of choices.”

Comcast does not provide any statistics or evidence to back up its claims, but EPB president and CEO Harold DePriest has already seen enough deception from the cable company to call the latest claims “totally false.”

In fact, DePriest notes, customers come and go from EPB just as they do with Comcast. The real story, in his view, is how many more customers arrive at EPB’s door than leave, and DePriest says they are keeping more customers than they lose.

EPB fully launched in Chattanooga in 2010, and despite Comcast and AT&T’s best customer retention efforts, EPB has signed up 37,000 customers so far, with about 20 new ones arriving every day. (Comcast still has more than 100,000 customers in the area.)

Many come for the EPB’s far superior broadband speeds, made possible on the utility’s fiber to the home network. EPB also does not use Internet Overcharging schemes like usage caps, which Charter, AT&T, and Comcast have all adopted to varying degrees. Although the utility avoids cut-rate promotional offers that its competitors hand out to new customers (EPB needs to responsibly pay off its fiber network’s construction costs), its pricing is lower than what the cable and phone companies offer at their usual prices.

Comcast claims customers really don’t need super high speed Internet service, underlined by the fact they don’t offer it. But some businesses (including home-based entrepreneurs) do care about the fact they can grow their broadband speeds as needed with EPB’s fiber network. Large business clients receiving quotes from EPB are often shocked by how much lower the utility charges for service that AT&T and Comcast price much higher. It costs EPB next to nothing to offer higher speeds on its fiber network, designed to accommodate the speed needs of customers today and tomorrow.

The competition is less able. AT&T cannot compete on its U-verse platform, which tops out shy of 30Mbps. Comcast has to move most of its analog TV channels to digital, inconveniencing customers with extra-cost set top boxes to boost speeds further.

The fact EPB built Chattanooga’s best network, designed for the present and future, seems to bother some conservative “watchdog” groups. The Beacon Center of Tennesee, a group partially funded by conservative activists like Richard Mellon Scaife through a network of umbrella organizations, considers the entire fiber project a giant waste of money. They agree with Comcast, suggesting nobody needs fast broadband speeds:

EPB also offers something called ultra high-speed Internet. Consumers have to pay more than seven times what they would pay for the traditional service — $350 a month. Right now, only residents of a select few cities worldwide (such as Hong Kong) even use this technology, and that is because most consumers will likely not demand it for another 10 years.

Actually, residents in Hong Kong, Japan, and Korea do expect the faster broadband speeds they receive from their broadband providers. Americans have settled for what they can get (and afford). DePriest openly admits he does not expect a lot of his customers to pay $350 a month for any kind of broadband, but the gigabit-capable network proves a point — the faster speeds are available today on EPB at a fraction of price other providers would charge, if they could supply the service at all. Most EPB customers choose lower speed packages that still deliver better performance at a lower price than either Comcast or AT&T offer.

The Beacon Center doesn’t have a lot of facts to help them make their case. But that does not stop them:

• They claim EPB’s network is paid for at taxpayer expense. It is not.
• They quote an “academic study” that claims 75 percent of “government-run” broadband networks lose money, without disclosing the fact the study was bought and paid for by the same industry that wants to keep communities from running broadband networks. Its author, Ron Rizzuto, was inducted into the Cable TV Pioneers in 2004 for service to the cable industry. The study threw in failed Wi-Fi networks built years ago with modern fiber broadband networks to help sour readers on the concept of community broadband.
• Beacon bizarrely claims the fiber network cannot operate without a $300 million Smart Grid. (Did someone inform Verizon of this before they wasted all that money on FiOS? Who knew fiber broadband providers were also in the electricity business?)

The “watchdog” group even claims big, bad EPB is going to drive AT&T, Comcast, and Charter Cable out of business in Chattanooga (apparently they missed those Comcast/Xfinity ads with customers returning to Kabletown in droves):

Fewer and fewer private companies wish to compete against EPB, which will soon have a monopoly in the Chattanooga market, according to private Internet Service Provider David Snyder. “They have built a solution looking for a problem. It makes for great marketing, but there is no demand for this service. By the time service is needed, the private sector will have established this for pennies on the dollar.”

Ironically, Snyder’s claim there is no demand for EPB’s service fall flat when one considers his company, VolState, has been trying to do business with EPB for two years. He needs EPB because he is having trouble affording the “pennies on the dollar” his suppliers are (not) charging.

Snyder tells “Nooganomics” his company wants an interconnection agreement with EPB, because the private companies he is forced to buy service from — including presumably AT&T, want to charge him a wholesale rate twice as much as EPB currently bills consumers. Snyder calls EPB’s competition “disruptive.”

Nooganomics calls EPB’s low priced service a “charity” in comparison to what AT&T and Comcast charge local residents, and the free market can do no wrong-website seems upset consumers are enjoying the benefits of lower priced service, now that the local phone company and cable operator can’t get away with charging their usual high prices any longer.

Deborah Dwyer, an EPB spokeswoman, told the website the company got into the business with state and city approval, followed the rules for obtaining capital and pays the taxes or payments-in-lieu of taxes as the same rate as corporate players. “We believe that public utilities like EPB exist to help improve the quality of life in our community, and the fiber optic network was built to do just that. One of government’s key responsibilities is to provide communities with infrastructure, and fiber to the home is a key infrastructure much like roads, sewer systems and the electric system.”

Snyder can’t dispute EPB delivers great service. He also walks away from the competition-is-good-for-the-free-market rhetoric that should allow the best company with the lowest rates to win, instead declaring customers should only do business with his company to support free market economics (?):

“If you are a free market capitalist and you believe in free markets, you need to do business with VolState,” Mr. Snyder says. “And if you’re highly principled, every time you buy from a government competitor, what you’re voting for with your dollars is, you’re saying, ‘It’s OK for the government come in to private enterprise and start to take over a vast part of what we used to operate in as a free market.’”

Perhaps Snyder and his friends at the Beacon Center have a future in the vinegar business. They certainly have experience with sour grapes.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Comcast Ad Welcome Back.flv[/flv]

Comcast’s emotionally charged ad, using paid actors, was produced by advertising firm Goodby Silverstein & Partners. The commercial running in Chattanooga is a slight variation on this one, which targets Verizon FiOS. (1 minute)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/EPB Ad.flv[/flv]

EPB uses actual customers, not paid actors, in its own advertising that calls out Comcast’s false advertising.  (1 minute)

Phillip “We’re Still Here to Fight” Dampier

“We’re moving away from one-size-fits-all,” admits Jon Gary Herrera, a Texas spokesman for Time Warner Cable, which has introduced a usage-limited plan called “Internet Essentials” that limits customers to a paltry 5GB of usage per month in return for a $5 discount.

Time Warner Cable has learned from its mistakes in 2009, when the company attempted to force usage limits on broadband customers that would have left those seeking an unlimited experience with a broadband bill of $150 a month. After a consumer backlash organized by Stop the Cap!, the company quickly pulled back and put the plans on hold.

After three years, the playbook is off the shelf once again and being dusted off, although the nation’s second largest cable company is taking things a lot more slowly the second time around.

Lesson one: Broadband pricing and usage plan changes must happen gradually and carefully.

The New York Times reports that cable executives privately admit they are working to charge consumer expectations, starting with the notion that “all you can eat” broadband is what customers want or need.

Time Warner telemarketers have begun re-educating consumers when calling to sign up for broadband, now asking them what they do with their Internet connection and suggesting different plans based on their anticipated usage, not their speed expectations.

So far, sources working for Time Warner Cable in South Texas tell Stop the Cap! the plan is not working too well and few customers are interested in the usage-capped “Internet Essentials” plan that has been marketed in several markets in the state.

“Overage charges will be capped at $75 per month. That means that for $150 per month customers could have virtually unlimited usage at Turbo speeds.” — (April 9, 2009) Landel Hobbs, then chief operating officer of Time Warner Cable

“Customers really are not interested in understanding what their usage level is and don’t see much benefit from the small discount our company is offering those who sign up,” one Time Warner customer service agent privately tells us. “A lot of them have learned lessons from what AT&T and Verizon Wireless are doing with wireless data plans, and they don’t want their home broadband accounts measured.”

Another source tells us those consumers most likely to consider the “Internet Essentials” plan are casual Internet users, particularly older customers on fixed incomes. But they are also the least likely to understand how to measure their usage.

“If you tell people what a gigabyte is, it goes in one ear and out the other and they really have no comprehension about it, and when their family members find out what they signed up for, we inevitably get a call back asking to switch to something else,” another agent tells Stop the Cap! “There is a real hostility about usage limits on home broadband out there, at least among those that understand what they are.”

Lesson Two: Forgive overlimit fees or overages liberally, because consumers will adjust their behavior to use less Internet just by threatening to charge them more.

Time Warner has been very liberal about forgiving customers who exceed their 5GB limit. AT&T has yet to enforce its limits in many markets, in part because of a defective usage meter. Other ISPs with usage limits are also wary about imposing overage fees on customers because of the potential political backlash. In short, the industry hopes the threat of overlimit fees will be sufficient to get customers thinking about their usage and self-limit what they do online, an important tool to wield against customers considering cord-cutting traditional cable TV to watch everything online. Efforts to earn additional revenue from more expensive usage-based broadband plans will come later.

Cable to Netflix: You better think about going back to the U.S. Post Office and mailing DVDs. Our customers can’t afford to throw away their usage allowance on your streamed movies.

The Justice Department’s antitrust lawyers are conducting an investigation into the cable industry’s treatment of online video companies, especially with the increasing number of usage caps coming into the market. With most consumers confronted with a broadband monopoly or duopoly, it is easy for providers to slap limits on usage if the competition follows suit. The new found love of usage caps and usage billing is proving curious to those abroad, because the rest of the world is moving away from consumption limits and towards flat rate broadband.

One Wall Street analyst wants the industry to adopt the meme that if the Justice Department gets away with banning usage limits, the industry should retaliate with usage-based billing, which is just another version of Internet Overcharging.

As with the wireless industry, Wall Street is the primary driving force pushing broadband providers to adopt usage billing and other price increases on broadband to boost earnings. Verizon Wireless and AT&T, responding to investor concerns about slowing growth, see endless profits in their future monetizing broadband usage. With broadband usage rising, charging customers more for using more can bring in endless profits, even as the costs to provide the service continue to decline. Without competition and with no organized opposition by consumers, regulators, or legislators, there is nothing to stop prices from skyrocketing.

Lesson Three: Try to convince customers upgrades are expensive and difficult.

A major enemy of the forces working to adopt income-increasing usage billing are broadband advocates who regularly analyze quarterly earnings of major providers, the costs of upgrades, the price of backbone connections, and the ever-increasing prices for Internet service.

In every case, cable and phone broadband providers adopting the latest broadband technologies are seeing major increases in revenue and profits even as their costs to upgrade and manage their networks decline overall. With providers like Comcast and Time Warner Cable now regularly increasing broadband prices, earnings are higher than ever for flat rate broadband sold in speed-based tiers, and consumers are gravitating towards higher speed service, which brings even more profit.

In 2009, Time Warner Cable faced protesters opposed to usage limits at this rally in front of the company’s headquarters in Rochester, N.Y.

Unfortunately, when cable and phone companies control the pipes that deliver broadband service and monetize their use, the threat to high bandwidth innovation has never been greater.

Netflix tells the New York Times there may be little they can do to stem to tide of usage limits.  Sony, a potential online video competitor, has already pulled the plug on its plan to sell cable channels over the Internet because usage limits will destroy the market for online video.

Netflix has been desperate enough to explore a concessionary move — partnering with the very providers that seem ready to limit customers’ access to their service. Netflix hopes it can find a way to be exempt from the industry’s usage limits, much the same way Comcast has given a free pass to Microsoft Xbox streamed video.

Lesson Four: Control the voices that claim to speak for consumers.

Consumers still overwhelmingly despise usage limits, but without unified action against Internet Overcharging schemes like usage limits and usage billing, the drumbeat of industry voices and the dollar-a-holler groups that parrot their beliefs in Washington will have the upper hand.

Consider the FCC’s “voice of the people” Consumer Advisory Council, infested with corporate interests and groups that would not exist without Big Telecom money paying to keep the lights on.

While the CAC has several authentic voices for consumers, they are practically outnumbered by industry sock puppets like the “American Consumer Institute” run by Stephen Pociask, who happens to be a telecom industry consultant and former chief economist for what is now Verizon. ACI represents the interests of AT&T and Verizon, not consumers. Call For Action is aptly named. It cashed checks written by AT&T.  “Consumer Action” relies on AT&T “grants.”  Many of the other “consumer voices” on the CAC are nothing of the sort. The CTIA Wireless Association is the giant lobbying group for the wireless industry. Not to be outdone, the National Cable & Telecommunications Association (NCTA) is there too, representing the cable industry. Time Warner Cable, T-Mobile, and Verizon are there in person as well, along with the billion dollar broadcast industry in the form of the National Association of Broadcasters. So much for the “Consumer” Advisory Council.

Is it any surprise that with “consumers” like this providing advice, FCC Chairman Julius Genachowski opined he thought such billing schemes were useful.

It is more urgent than ever for customers to prepare for another round of battle against major broadband providers. Time Warner Cable itself fears a repeat of the 2009 public relations disaster, and promises it will always have an unlimited tier available for customers, even if it remains quiet on how much the company would charge for the service. If the cable operator still believes in its former chief operating officer Landel Hobbs, we can give you a clue. In April 2009, Hobbs thought he was delivering a major concession to protesters by offering to bring back unlimited broadband… for $150 a month.

An all-out consumer backlash can bring additional consumer victories, but only if customers are willing to get involved in the fight.

Stay tuned.

In the eyes of many entertainment executives, pressing fast forward to skip past commercials recorded by your DVR is a crime, and they want it stopped.

We’ve made progress. In the 1970s and early 1980s, those same executives were arguing recording a television show itself was a crime.

The copyright infringement wars continue, beyond college students facing ruinous lawsuits from the recording industry or movie studios sending a blizzard of subpoenas to Internet Service Providers seeking the names and addresses of those suspected of using file swapping networks.

With the increasing concentration and combination of entertainment conglomerates, the reflexive need to “control” the medium and means of distribution is gaining a receptive audience in Washington and in the courts, threatening to influence what you can and cannot do with the programming you pay to watch.

The impact is also weighing on innovative new technology from small companies like Aereo and much larger ones like Dish Network that have attempted to launch new services that challenge the conventional ways Americans watch entertainment. The result for all concerned: lawsuits designed to stifle anything the media business perceives as an imminent threat.

Dish Network has a new DVR box that can automatically skip past commercials on selected networks. The satellite company’s new “Hopper” DVR automatically records eight days’ of prime time programming from the four major American broadcast networks, analyzes the programming to find commercials, and allows subscribers to watch the recorded shows “ad-free” just hours after the original broadcast.

Major entertainment moguls immediately denounced the feature as criminal theft.

“If there were no advertising revenues, the free broadcast television model in the United States would collapse,” wrote an alarmed News Corp. (owner of FOX Broadcasting) in its complaint filed in Los Angeles federal court. That network also accuses Dish of violating their contract with FOX and copyright infringement.

“Of course, you know this means war.” — Dish’s new AutoHop feature raises the ire of the entertainment industry.

“This service takes existing network content and modifies it in a manner that is unauthorized and illegal,” CBS said in a prepared statement, echoing earlier statements that have historically argued recording, modifying, or re-purposing broadcast content in any way is automatically a violation of federal law, copyright, or the terms and conditions under which the network makes programming available for viewing.

NBC and ABC filed their own complaints against the technology as well.

Technically speaking, subscribers who pay a cable or satellite provider for television programming are already paying extra for the programming they are watching, negating the usual arguments commercial sponsorship covers the cost of watching “free TV” (that isn’t always free) and skipping commercials is the same as stealing.

Commercial television business models in the United States increasingly rely on “retransmission consent” fees — money paid by your satellite, cable, or phone company to the programmer for permission to carry a channel on their lineup. Virtually all of those fees are passed along to consumers as part of their monthly bill.

Some station owner groups are willing to play extreme hardball to get viewers to pay up -and- win the right to put a piece of tape over their fast forward buttons to keep them from skipping commercials on their stations.

Dallas-based Hoak Media is an example. Viewers in Panama City, Fla. were without WMBB-TV, the Hoak-owned ABC affiliate, on Dish Network for a week. Hoak Media pulled the plug on viewers earlier this month after Hoak demanded a 200% increase in retransmission consent payments and the disabling of Dish’s AutoHop commercial-skipping technology. Thirteen other Hoak stations around the country were also pulled off the satellite TV service.

“WMBB and Hoak don’t respect customer control — they are telling customers they must watch commercials,” Dave Shull, senior vice president of programming for Dish, said in a news release. “Channel skipping has been around since the advent of the remote and we think Hoak has taken an incredibly hostile stance toward their viewers.”

WMBB’s station management appeared caught off guard by their owners back in Dallas. WMBB General Manager Terry Cole admitted he didn’t even know about the AutoHop feature Hoak was demanding be disabled. A week later, the dispute appeared settled and the stations were back on Dish.

Entertainment executives are hopeful their deep pockets and industry partnerships with content distributors will ultimately win the day. They have a few things they can count in their corner.

In 2002, some of the same companies protesting Dish filed suit against ReplayTV, which had its own automated commercial skipping technology. The case dragged its way through the courts, with mounting legal expenses eventually forcing ReplayTV out of business. Problem solved.

The use of deep pockets have also intimidated other innovative ventures such as Aereo, which delivers over-the-air New York City stations online to a paying local subscriber base.

Innovation like that is also a concern to the cable industry, which itself has been around since the 1970s. Developing an online alternative to the local cable company puts cable TV executives in the same position entertainment industry executives live to fear: a threat to the business model that has earned billions in profits. In those terms, some cable operators seem willing to support the entertainment industry, even at the expense of their own customers.

That may explain why Time Warner Cable applied for, and won, their own patent for technology that disables fast-forward functionality on digital video recorders.

“Advertisers may not be willing to pay as much to place advertisements if they know that users may fast forward through the advertisement and thus not receive the desired sales message,” the cable company explains in its patent application. “Content providers may not be willing to grant rights in their content, or may want to charge more, if trick modes are permitted.”

The technology would look for digitally embedded cue tones, which are today used mostly to let local stations and cable operators insert their own local advertising messages on a network feed, to block fast forwarding past those ads.

Time Warner Cable is not likely to implement the technology anytime soon, not if they expect customers to continue to pay well over $10 a month for a recording device that won’t allow them to skip commercials.

Comcast is taking a different approach, considering plans to insert billboard advertising messages that automatically appear on-screen whenever a customer hits their fast-forward button. Broadcasters and networks have no love for that feature either, claiming it changes the programming the consumer recorded and represents… yes, copyright infringement.

Courts will once again have to find a balance between consumers’ home recording rights and the rights of large entertainment and cable companies. With more courts increasingly favorable to the notion of corporate rights enjoying equal prominence with those of citizens, who ultimately wins the right to your fast forward button remains a toss-up.