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.

AT&T is ingratiating itself with both sides of the political divide, as the Democratic National Convention Committee names the company the “official carrier” of the convention.

While that is likely to bring good will for AT&T among convention delegates, politicians, and their families, Charlotte, N.C. residents are also welcoming the major upgrades that are coming with AT&T’s presence at the event.

The phone company is installing at least 50 micro-tower antennas atop light poles in downtown Charlotte, designed to boost capacity for both AT&T’s Wi-Fi and cellular networks. Another 10 mobile cell towers will be in place during the event to accommodate the anticipated 35,000 visitors attending the convention at Time Warner Cable Arena.

Craig Moffett, a Wall Street analyst working for Sanford Bernstein, just loves Verizon Wireless’ new calling plans, which he believes will help Verizon grow profits when most Americans already have a cell phone.

Verizon’s move “is the most profound change to pricing the telecom industry has seen in twenty years,” Moffett told the Associated Press.

Bernstein believes that cell phone companies can keep boosting the all-important “average revenue per user,” or ARPU, by shifting price hikes for services consumers are now using the most. That means wireless data which Bernstein sees as a growth industry. In contrast, customers are using their phones less than ever for making phone calls and sending text messages.

Verizon Wireless CEO Lowell McAdam agrees, telling an investor conference customers will end up paying more money to Verizon than ever before.

Moffett

“Is it going to cost them more money? Yeah, but it will probably shift their wallet spend from things they do individually into a bucket of gigabytes,” McAdam said. “The relationship will change. This will be something much more ingrained in their life as opposed to something that’s attached to their hip.”

Verizon’s “Share Everything” may become ingrained in customers’ wallets when it launches June 28, eliminating voice minute and text message allowances but increasing pricing for data. The cheapest smartphone plan will now run $90 a month. For customers who already pay for unlimited voice minutes and texting and avoid using too much wireless data, the new price will be lower than current Verizon plans. But for those who traditionally choose a calling minutes allowance and send a limited number of text messages, prices under the new plan will be going up by $10-20 a month.

Verizon also hopes to capture an increasing share of wireless data for portable devices. Consumers have typically avoided 3G/4G-capable add-ons for devices in favor of Wi-Fi-only, to avoid the separate data plans that are usually required. Verizon hopes customers will consider spending more on wireless network-capable tablets and laptops that can be added to their existing Verizon accounts. Adding a tablet will cost an extra $10 a month, $20 for a portable 3G/4G wireless modem for a laptop. Data usage will be shared from their existing data plan.

Moffett expects the new plan from Verizon, and a forthcoming one expected from AT&T, to solidify both companies’ dominance in the wireless market.

“In a household with two or three AT&T or Verizon devices — say, a smartphone and a tablet or two, and one device from T-Mobile or Sprint. Sprint doesn’t stand a chance,” Moffett said.

[flv]http://www.phillipdampier.com/video/CNBC Verizon Wireless Plans 6-12-12.flv[/flv]

CNBC talks with Public Knowledge’s Michael Weinberg about the “consumer benefits” of Verizon’s new wireless plans, which Weinberg suggests are few and fleeting.  (3 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Is Wi-Fi Dead 6-12-12.flv[/flv]

CNBC wonders if Wi-Fi is dead as Verizon and AT&T encourage customers to use 3G/4G wireless data instead of more local Wi-Fi networks.  (3 minutes)

Verizon customers can expect to pay more for the company’s fiber to the home service, FiOS, even as promised higher speeds arrive.

Most customers off contract can expect to pay $10-15 more a month under the new pricing regime, or cut back on selected television channels to keep their price the same. Verizon customers currently on a promotional offer will not see any price changes until their promotion expires.

Wall Street analysts call Verizon’s rate hikes a return to “pricing rationality.” The phone company has engaged in years of aggressive pricing, promotions, and rebate offers, especially in the northeast. At one point, Verizon was offering New York-area customers up to $500 in rebates when signing up for a triple play Verizon FiOS package. As Verizon pulls back from aggressive promotions, some analysts predict cable competitors Time Warner Cable and Cablevision will be able to resume more typical rate increases common before Verizon FiOS launched. Cablevision previously announced it would not increase rates during 2012, mostly in response to Verizon’s aggressive pricing.

Verizon has significantly boosted speeds on most of its broadband offerings, with the exception of its standard entry-level 15/5Mbps package, which remains unchanged. Verizon is hoping customers will find that entry level package less and less attractive and be amenable to upgrading to faster speed service at a higher price.

“We’re expecting that 80 percent of customers will want more than 15 megabits per second,” Arturo Picicci, Verizon’s director of product management told Reuters.

Under Verizon’s new pricing, triple play customers with unlimited calling, 15/5Mbps broadband, and 290 television channels pay $109.99. The next step up, for $15 more a month, would upgrade broadband to 50/25Mbps service.

Verizon is also shaming New York area cable operators with speed increases that Time Warner and Cablevision currently cannot match.

The company’s 150/65Mbps service is now priced at $99.99 a month, down from $209.99. Customers in some areas can also sign up for 300/65Mbps service for as low as $204.99 with a two-year contract.

In contrast, Comcast charges $200 a month for 105Mbps, Cablevision prices its 101Mbps service at $104.95 a month.

By 2050 Australian consumers will need a monthly data allowance of more than 100,000 gigabytes to sustain what will, by then, be considered average use of the Internet.

That finding comes in a report, “A Snapshot of Australia’s Digital Future to 2050,” which is measuring the impact of the country’s transformation to a ubiquitous fiber to the home broadband experience for the majority of Australian consumers and businesses.

Australia and New Zealand are both embarked on a transformative effort to rid themselves of slow speed, copper-based broadband networks. Both are rolling out a combination of fiber to the home service in urban and suburban areas, and fixed wireless networks in rural areas.

The South Pacific region could soon become a global broadband leader for innovation in high speed applications development because neither country will be constrained by broadband networks that deliver the least amount of broadband service for the highest cost.

The report predicts super-fast broadband will literally transform society in Australia, with traditional media as relevant tomorrow as a buggy whip is today.

Market researcher IBISWorld says newspapers, television, radio and the record and film industries are destined for the scrap heap in a new digital world.

The report also predicts the traditional understanding of employment may also radically change, with citizens acting as free agents, pursuing work on individual projects for a variety of employers, leveraging broadband to learn what tasks need to be performed each day. Work will be performed in home offices or on the go using the country’s broadband network.

Universal high speed broadband will transform the information and communications technology sector into a $1 trillion business by 2050 — in Australia alone, predicts the report.

Australia’s PM radio program explores how life in the country will change over the next 38 years with fiber optic broadband a part of virtually everyone’s life.  (June 14, 2012)  (4 minutes)
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