Cable operators will be challenged to find enough open video channels to support a gradual transition to IP-based video, which could mean an early end to analog cable television in large parts of the country.

The former chief technology officer of Charter Communications, Marwan Fawaz, noted cable operators will need at least 24-32 free analog channels to duplicate their digital lineup — considerably more than many operators have available on today’s crowded cable dial.

Fawaz

The transition to digital cable won’t be easy for some consumers, many who actively dislike set top boxes on every television and the endless rental fees that often accompany them.  Cable operators face more resistance from customers than their telephone and satellite competitors, who have always required equipment on every television in the home.  But with the demand for increased broadband speeds, new network-capable DVR boxes that can be accessed from other televisions in the home, and the never-ending addition of new HD channels, converting analog signals to digital is the most cost-effective way to free up space to handle today’s demands on existing cable systems.  The alternative would be expensive upgrades to increase available bandwidth — an investment unlikely to win favor on Wall Street or in company boardrooms.

Cable operators are taking different approaches to the challenge.  Comcast has been systematically reducing the number of analog signals on its cable systems, using that space for new digital signals, including HD broadcasts and faster broadband.  Time Warner Cable has deployed a transparent “on-demand” system for its lesser-watched digital channels that only transmit them into neighborhoods where viewers are watching them. Smaller operators are also moving to adopt nearly all-digital cable television lineups, especially on older systems that have already exhausted available space for new channels and services.

Fawaz says cable’s progression to IP-based delivery of cable channels is inevitable, a matter of “when” not “if,” according to an article in Light Reading:

For operators that don’t expect to have that much capacity available to them soon, he suggests that they could start off in smaller stages, perhaps beginning by moving Video-on-Demand services and some “niche” networks over to IP and supporting them with hybrid QAM/IP set-tops or gateways. Another transitional option, at least from an in-home multi-screen perspective, is to start using specialized transcoding that can convert QAM video to IP and pass those streams to tablets, PCs and other devices using the home’s Wi-Fi network.

Most cable operators are supplying customers with digital adapters that can accommodate digital signals on older, analog televisions, without a giant set top box taking up space.  To make the transition easier, operators typically provide up to 2-3 boxes for free for 1-2 years and then bill customers a nominal rental fee thereafter.

An increasing number of cable customers will become familiar with these “DTA” boxes in 2012.  Time Warner Cable, the nation’s second largest cable operator, will continue its progression to convert its cable operations to mostly-digital this year.  Time Warner’s customers in Maine were the first to experience the switch, with mixed results.  Fawaz expects some remnants of the analog lineup, as well as some limited support for QAM channels, will remain for the next 7-10 years.

When the nation’s largest phone and cable companies get together, it’s never good news for consumers.

Verizon has struck a backroom deal with a cartel of cable companies — including Comcast, Time Warner Cable and Cox Communications — to stop competing against one another and instead divvy up the spoils of the growing mobile market.  And they’re keeping mum on the details of this arrangement.

The cable industry wants to sell Verizon the mobile phone spectrum it originally considered using to give Verizon Wireless a little competition.  In return, Verizon Wireless is going to start selling you Comcast/Time Warner/Cox cable TV service.  It’s all great for them, but if you were waiting for Verizon FiOS or a better deal for your cell phone, these phone and cable companies want to make sure you’ll wait a long… LONG time.

They claim they are not getting together in an anti-competition pact.  They are just getting differently apart. It’s like divorcing someone by agreeing to move in with them.

It’s a bad marriage for consumers and now is the time for the Federal Communications Commission to deliver some parental supervision.

Stop the Cap! joins Free Press in calling on consumers to tell the FCC to expose Verizon’s backroom shenanigans.

Tell the Commission you aren’t happy with secret handshake deals that hand over the public airwaves to Verizon Wireless to consolidate its market concentration.

Even worse, you don’t want America’s largest competitor for big cable TV — telco-delivered broadband, TV, and phone service — eliminated so the phone companies can pitch you overpriced, non-competitive cable service from their new best friends.

What part of “monopoly cartel” doesn’t the FCC understand?  Tell them you want these deals stopped and you demand real competition, not more of the same.

Won 1.1 million new customers in 2011

Comcast and Time Warner Cable collectively picked up more than 1.5 million new customers in 2011, with most of the growth coming from dissatisfied DSL subscribers seeking better broadband speeds.

Leichtman Research Group, Inc. (LRG) found the eighteen largest cable and telephone providers in the US — representing about 93% of the market — acquired 3 million net additional high-speed Internet subscribers in 2011. Annual net broadband additions in 2011 were 88% of the total in 2010.

The top broadband providers now account for 78.6 million subscribers — with cable companies having over 44.3 million broadband subscribers, and telephone companies having over 34.3 million subscribers.

Stalled growth

Despite AT&T’s position as the second largest Internet Service Provider in the country, the company only picked up 117,000 new customers in 2011.  In contrast, Time Warner Cable, with 6 million fewer customers, added almost a half-million new broadband subscriptions last year.

Frontier Communications, which made broadband a primary target for expansion, has not seen considerable growth either.  The company only added just short of 38,000 new broadband customers last year, almost all getting DSL, often at speeds of 1-3Mbps.

Other key findings include:

• The top cable companies netted 75% of the broadband additions in 2011;
• The top cable companies added 2.3 million broadband subscribers in 2011 — 98% of the total net additions for the top cable companies in 2010;
• The top telephone providers added 750,000 broadband subs in 2011 — 68% of the total net additions for the top telephone companies in 2010;
• In the fourth quarter of 2011, cable and telephone providers added 765,000 broadband subscribers — with cable companies accounting for 82% of the broadband additions in the quarter.

Now serving 10.3 million

“Despite a high level of broadband penetration in the US, the top broadband providers added 88% as many subscribers in 2011 as in 2010,” said Bruce Leichtman, president and principal analyst for Leichtman Research Group, Inc. “At the end of 2011, the top broadband providers in the US cumulatively had over 78.6 million subscribers, an increase of nearly 25 million over the past five years.”

Americans are increasingly treating broadband as an essential “utility” service, as fundamental as electricity or clean water.

The majority of consumers who lack the service either consider it irrelevant in their lives (a factor that increases with the age of the surveyed respondent), cannot obtain service from their provider because of their location, or cannot afford the service.

Sources: The Companies and Leichtman Research Group, Inc.
* LRG estimate
** Includes LRG estimates for Bright House Networks, and RCN
^ Totals prior to Time Warner Cable’s acquisition of Insight completed on 2/29/2012
^^ LRG estimate does not include wireless subscribers
Company subscriber counts may not represent solely residential households
Totals reflect pro forma results from system sales and acquisitions
Top cable and telephone companies represent approximately 93% of all subscribers

[Stop the Cap! has written extensively about the pervasive influence some of the nation’s largest cable and phone companies have on telecommunications legislation in this country.  On the state level, one group above all others is responsible for quietly getting company-ghost-written bills and resolutions into the hands of state lawmakers to introduce as their own.]

The American Legislative Exchange Council (ALEC) is the latest corporate response to campaign finance and lobbying reform — a Washington, D.C.-based “middle man” that brings lawmakers and corporate interests together while obfuscating the obvious conflict of interest to voters back home if they realized what was going on.

ALEC focuses on state laws its corporate members detest because, in many cases, they represent the only regulatory obstacles left after more than two decades of deregulatory fervor on the federal level.  State lawmakers are ALEC’s targets — officeholders unaccustomed to a multi-million dollar influence operation.  The group invites lawmakers to participate in policy sessions that equally balance corporate executives on one side with elected officials on the other.  Consumers are not invited to participate.

ALEC’s telecom members have several agendas on the state level, mostly repealing:

• Local franchising and oversight of cable television service;
• Statewide oversight of the quality of service and measuring the reliability of phone and cable operators;
• Consumer protection laws, including those that offer customers a third party contact for unresolved service problems;
• Universal service requirements that insist all customers in a geographic region be permitted to receive service;
• Funding support for public, educational, and government access television channels;
• Rules governing the eventual termination of essential service for non/past due payments;
• Local zoning requirements and licensing of outside work.

But ALEC is not always focused on deregulation or “smaller government.” In fact, many of its clients want new legislation that is designed to protect their position of incumbency or enhance profits.  Cable and phone company-written bills that restrict or ban public broadband networks are introduced to lawmakers through ALEC-sponsored events.  In several cases, model legislation that was developed by cable and phone companies was used as a template for nearly-identical bills introduced in several states without disclosing who actually authored the original bill.

ALEC specializes in secrecy, rarely granting interviews or talking about the corporations that pay tens of thousands of dollars to belong.  Corporate members also enjoy full veto rights over any proposal or idea not to their liking, and aborted resolutions or legislative proposals are kept completely confidential. More often than not, however, legislators and corporate members come to an agreement on something, and the end product ends up in a central database of model bills and resolutions ready to be introduced in any of 50 state legislatures.

Many do, and often these proposed bills are remarkably similar, if not identical. That proved to be no coincidence.  In July 2011, the Center for Media and Democracy was able to obtain a complete copy of ALEC’s master database of proposed legislation.  The Center called it a stark example of “corporate collaboration reshaping our democracy, state by state.”

National Public Radio takes an inside look at the American Legislative Exchange Council and how it works to help major corporations influence and change state laws. (October 29, 2010) (8 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

ALEC’s Corporate Telecom Members

ALEC defends itself saying it does not directly lobby any legislator.  That is, in fact true.  But many of its corporate members clearly do.  AT&T is one of ALEC’s most high profile members, serving as a “Private Enterprise Board” member, state corporate co-chair of Arkansas, California, Connecticut, Louisiana, Mississippi, and Texas (all AT&T service areas), a member of the Telecommunications and Information Technology Task force, and “Chairman” level sponsor of the 2011 ALEC Annual Conference (a privilege for those contributing $50,000).

AT&T’s lobbying is legendary, and is backed with enormous campaign contributions to legislators on the state and federal level.

But AT&T isn’t the only telecommunications company that belongs to or supports ALEC:

• CenturyLink (also including Qwest Communications), “Director” level sponsor of 2011 ALEC Annual Conference ($10,000 in 2010)
• Cincinnati Bell
• Comcast, State corporate co-chair of Georgia, Minnesota, Missouri and Utah and recipient of ALEC’s 2011 State Chair of the Year Award
• Cox Communications, “Trustee” level sponsor of 2011 ALEC Annual Conference ($5,000 in 2010)
• Time Warner Cable, State corporate co-chair of Ohio, “Director” level sponsor of 2011 ALEC Annual Conference ($10,000 in 2010)
• Verizon Communications, Private Enterprise Board member and State corporate co-chair of Virginia and Wyoming

ALEC supporters among trade groups and astroturf/corporate-influenced “non profits”:

• National Cable and Telecommunications Association, ALEC Telecommunications and Information Technology Task Force member
• Free State Foundation (think tank promoting limited government and rule of law principles in telecommunications and information technology policy)
• Heartland Institute, Exhibitor at ALEC’s 2011 Annual Conference, Telecommunications and Information Technology Task Force member, Education Task Force member, Commerce, Insurance and Economic Development Task Force, Financial Services Subcommittee member and Energy, Environment and Agriculture Task Force member

ALEC’s Ready-to-Introduce Legislation

The two most pervasive pieces of legislation ALEC’s telecom members (especially AT&T) want as a part of state law are bills to strip local authority over cable systems and hand it to the state government and the elimination or excessive micromanagement of community broadband networks:

This model bill for increased cable competition strips most of the authority your community has over cable television operations and transfers it to under-funded or less aggressive state bodies. Although the bill claims to protect local oversight and community access stations, the statewide video franchise fee almost always destroys the funding model for public, educational, and government access channels.

These municipal broadband bills are always written to suggest community and private players must share a "level playing field." But bills like these always exempt the companies that actually wrote the bill, and micromanage and limit the business operations of the community provider.

Legislators: Bring the family to Mardi Gras World on us, sponsored by America's largest telecommunications companies.

WHYY Philadelphia’s ‘Fresh Air’ spent a half hour exploring who really writes the legislation introduced in state legislatures. When ALEC gets involved, The Nation reporter John Nichols thinks the agenda is clear: “All of those pieces of legislation and those resolutions really err toward a goal, and that goal is the advancement of an agenda that seems to be dictated at almost every turn by multinational corporations.” (July 21, 2011) (32 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Unfortunately, state lawmakers are not always sophisticated enough to recognize a carefully crafted legislative agenda at work.  National Public Radio found one excellent example — the 2010 Arizona immigration law that requires police to arrest anyone who cannot prove they entered the country legally when asked.  America’s immigration problems remain a major topic on the agenda at some ALEC events, curious for a corporate-backed group until you realize one of ALEC’s members — the Corrections Corporation of America — America’s largest private prison operator, stood to earn millions providing incarceration services for what some estimated could be tens, if not hundreds of thousands of new prisoners being held on suspicion of immigration violations.

CCA was in the room when the model immigration legislation, eventually adopted by Arizona’s legislature, was written at an ALEC conference in 2009.

Bring the Kids, Stay for the Corporate Influence

Getting legislators to attend these seminars isn’t as hard as it might sound.

In January, we reported members of the North Carolina General Assembly, who showed their willingness to support telecom industry-written bills when it passed an anti-community broadband initiative in 2011, were wined and dined (along with their staff) by ALEC at the Mardi Gras World celebration in New Orleans.  Rep. Marilyn Avila (R-Time Warner Cable), who introduced the aforementioned measure, brought her husband to Asheville to enjoy a special weekend as the featured guest speaker at a dinner sponsored by North Carolina’s state cable lobbying group:

The North Carolina Cable Telecommunications Association reported they not only picked up Marilyn’s food and bar bill ($290 for the Aug. 6-8 event), they also covered her husband Alex, too.  Alex either ate and drank less than Marilyn, or chose cheaper items from the menu, because his food tab came to just $185.50.  The cable lobby also picked up the Avila’s $471 hotel bill, and handed Alex another $99 in walking-around money to go and entertain himself during the weekend event.  The total bill, effectively covered by the state’s cable subscribers: $1,045.50.

Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) Photo by: Bob Sepe of Action Audits

ALEC makes it easy because it pays the way for lawmakers and families to attend their events through the award of “scholarships”:

The organization encourages state lawmakers to bring their families. Corporations sponsor golf tournaments on the side and throw parties at night, according to interviews and records obtained by NPR.

[…] Videos and photos from one recent ALEC conference show banquets, open bar parties and baseball games — all hosted by corporations. Tax records show the group spent $138,000 to keep legislators’ children entertained for the week.

But the legislators don’t have to declare these as corporate gifts.

Consider this: If a corporation hosts a party or baseball game and legislators attend, most states require the lawmakers to say where they went and who paid. In this case though, legislators can just say they went to ALEC’s conference. They don’t have to declare which corporations sponsored these events.

Reporter John Nichols told NPR ALEC’s focus on state politics is smart:

“We live at the local and state level. That’s where human beings come into contact more often than not,” he says. “We live today in a country where there’s a Washington obsession, particularly by the media but also by the political class. … And yet, in most areas, it’s not Washington that dictates the outlines, the parameters of our life. … And so if you come in at the state government level, you have a much greater ability to define how you’re going to operate.”

Resources:

• ALEC Exposed: Access a database of more than 800 corporate ghost-written bills and resolutions intended to become state law in all 50 states. Sponsored by the Center for Media and Democracy.
• ALEC’s Database Revealed: A more general indictment of ALEC and its coordinated agenda to allow corporate influence to hold an increasing role in public policy.
• Protestors Demand End to Verizon’s Involvement in ALEC: In Albany, N.Y., protestors turned up in front of Verizon demanding the company end its association with ALEC.
• California Lawmakers Enjoy Free Trips to Hawaii, Europe: California’s state politicians are under fire for lavish travel arranged by ALEC.

Cable "Digital Phone" Subscriber Numbers (Source: SNL Kagan)

Rick Munarriz has a bone to pick with Comcast after discovering his cable television and broadband service was out of commission.  It was the fourth prolonged outage in four weeks.  But the Comcast customer of more than a dozen years was surprised when he called the cable company and they immediately tried to sell him Comcast’s “digital phone” service:

[…] An otherwise cordial representative tells me that he’s looking into my account. I could save some serious money if I switch my landline to Comcast’s XFINITY Voice offering.

“If I did that, how would I be reporting this outage?” I asked.

“Don’t you have a smartphone?” he responds, not realizing that he has just killed his own sales pitch.

Who needs a landline when you have a wireless phone? Who needs a Comcast triple play — especially when I’m already dealing with two outs?

Although not losing customers as fast as traditional landline phone companies, cable-delivered phone service is no longer growing as fast as it once did.  Most companies picking up “digital phone” customers are winning them these days from product bundling, with aggressively priced triple-play packages of phone, Internet, and cable service.  Many of these packages include the phone line for less than $10 a month more than a double-play package of Internet and cable-TV.

SNL Kagan collects statistics from cable operators who pitch phone service and documents the highest growth in cable-provided phone service came during 2004-2009.  Now that growth has slowed.  Customers who were willing cut their landline phone off in favor of a cell phone don’t need wired phone service from the cable company either.

It seems Comcast is willing to admit the same, even when pitching its own phone product.