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FCC’s Ajit Pai Has “Serious Concerns” About Sinclair/Tribune Merger

Phillip Dampier July 16, 2018 Competition, Consumer News, Public Policy & Gov't 1 Comment

FCC Chairman Ajit Pai may have effectively derailed Sinclair’s $3.9 billion dollar acquisition of Tribune Media today after issuing a statement criticizing the deal.

“Based on a thorough review of the record, I have serious concerns about the Sinclair/Tribune transaction,” Pai said in a statement few expected to see from the current chairman. “The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law.”

Pai is responding to ample evidence from those objecting to the deal showing Sinclair’s proposal to acquire 42 additional Tribune-owned TV stations and effectively maintain shadow control over stations it planned to divest would put the company far over the federal station ownership cap. Sinclair’s proposal to sell 21 stations to win government approval came under close scrutiny when it was revealed most of the buyers had direct ties to Sinclair or its founding Smith family. Critics charged Sinclair offered sweetheart deals to buyers in return for “sidecar” agreements to effectively retain control of the spun-off stations and have the option of buying them back later at a discount.

Pai

“When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction,” Pai noted. “Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues. For these reasons, I have shared with my colleagues a draft order that would designate issues involving certain proposed divestitures for a hearing in front of an administrative law judge.”

The chairman’s views were welcomed by FCC Commissioner Jessica Rosenworcel.

“As I have noted before, too many of this agency’s media policies have been custom built to support the business plans of Sinclair Broadcasting,” she said in a statement. “With this hearing designation order, the agency will finally take a hard look at its proposed merger with Tribune. This is overdue and favoritism like this needs to end.”

Industry observers suggest such a referral is a death blow in cases of similar mergers because of long delays and uncertainties. The FCC effectively ended the 2015 Comcast-Time Warner Cable merger when it referred the merger to a similar complicated hearing process. The two companies abandoned the deal after getting the news.

Sinclair’s deal has also been a lightning rod for controversy between liberal and conservative groups. The Washington Post found Sinclair “gave a disproportionate amount of neutral or favorable coverage to Trump during the campaign” while portraying Hillary Clinton negatively in much of its coverage. Politico reported Jared Kushner, President Trump’s son-in-law, made a deal with the president’s campaign to get additional access to the president in return for assurances Mr. Trump would receive, in Kushner’s words, “better media coverage.”

After the election, Sinclair-owned stations have been under growing scrutiny for airing mandated “must-air” conservative-slanted stories and editorials during local newscasts. Recent commentaries from former Trump campaign adviser Boris Epshteyn included praise for the president’s newest nomination for the Supreme Court and criticism over how the president is treated by the media.

Bipartisan criticism of the merger deal for violating the spirit of the FCC’s station ownership cap, consolidation of local news voices, and company-mandated stories forced into local newscasts may have persuaded Pai to express concern.

The FCC is continuing to explore possible changes to the station ownership cap under the leadership of Chairman Pai. Many large station owners are calling for the cap to be rescinded altogether or the maximum raised to allow one owner to reach at least 50% of the country. Any changes would likely come too late for the Sinclair/Tribune deal.

It is now up to executives at Sinclair and Tribune to consider whether to take their case to an administrative law judge and wait out a decision or drop the merger deal.

AT&T’s Vision for HBO: Hook ’em With Freebies, Addict Them Wanting More, Monetize Everything

Phillip Dampier July 9, 2018 AT&T, Competition, Consumer News, Online Video 1 Comment

This isn’t going to be your parent’s HBO much longer.

In a recent town hall attended by 150 employees, AT&T laid out its new vision for the premium network it recently acquired. one almost similar at times to the business plan of a drug pusher.

“We need hours a day,” said John Stankey, a recent transplant from AT&T’s executive suites now tapped to run WarnerMedia — AT&T’s new name for what used to be Time Warner (Entertainment) and owner of HBO. Stankey was complaining that HBO was out of touch with the times, attracting too few viewers to its multiplex of premium channels only a handful of times a week, if that. In a world shared by Netflix, that was not nearly good enough.

HBO, which began life as Home Box Office in November, 1972 is by far America’s oldest cable television channel. Originally a venue for high profile, unedited, commercial-free movies, along with sports and specials, HBO grew into a well-respected producer of high budget (often millions of dollars per episode), cutting-edge original movies and series, showcased to loyal audiences on Sunday nights for years. Series like The Wire, The Sopranos, Sex in the City, Oz and Game of Thrones are well-known across the country, but fewer than half of Americans subscribe to HBO to watch them. HBO has also been the critics’ choice for original content, showering awards on the network in unprecedented numbers for almost 20 years.

Now that AT&T is in charge, that is all about to change, as executives prepare to shift HBO away from “quality over quantity” towards “quality and quantity.” Stankey also made it clear the changes are first and foremost about making money — a lot of it earned by keeping subscribers on HBO property so their viewing habits can be studied and sold.

Stankey

“It’s going to be a tough year,” Stankey warned. “It’s going to be a lot of work to alter and change direction a little bit.”

“It’s not hours a week, and it’s not hours a month,” Stankey said of how long he expects HBO subscribers to spend time watching the service. “It’s hours a day. You are competing with devices that sit in people’s hands that capture their attention every 15 minutes. I want more hours of engagement. Why are more hours of engagement important? Because you get more data and information about a customer that then allows you to do things like monetize through alternate models of advertising as well as subscriptions, which I think is very important to play in tomorrow’s world.”

That will be a major shift for a network overseen top to bottom since 1992 by Richard Plepler, HBO’s chief executive. Plepler expanded on HBO original movies by launching expensive scripted series in the late 1990s that stood out by escaping broadcast television network censorship. But Plepler was very selective about the number of shows on HBO’s schedule, with some series taking years to develop. Under Stankey’s leadership, HBO will now be expected to dramatically expand original content, much like Netflix has done to keep viewers coming back for more.

“As I step back and think about what’s unique about the brand and where it needs to go, there’s got to be a little more depth to it, there’s got to be more frequent engagement,” Stankey said, adding HBO’s brand has to broaden its appeal to new audiences.

That will require a big boost to HBO’s budget. The pay movie channel is already extremely profitable, making almost $6 billion in profits over the last three years. It invested $2 billion in programming development, much less than the $8 billion Netflix is investing in less costly, but more prolific programming. HBO’s business plan depends heavily on American cable subscribers paying $10-15 a month for the network. It also earns money selling its original shows to television outlets in other countries. Its high monthly cost has always limited subscriber numbers, especially these days with cord-cutting and bill shaving. Premium movie channels are often the first networks to be dropped in return for a lower bill.

Plepler

To monetize its subscriber base, HBO either has to cut the cost of the network, transform it into must-have television, or a combination of both. Stankey is unhappy HBO has wavered around 40 million subscribers (out of 142 million American potential households) for years. He told audiences the network has to find ways to move the network beyond its perpetual 35-40% penetration “to have this become a much more common product.”

There was a clear sense of tension between Plepler, who is part of the New York City entertainment scene, and Stankey, a business-focused Texan with decades of experience in the Bell System — later AT&T. Plepler’s deference to Stankey’s new vision seemed uncomfortable at times, as Stankey made it clear who was now in charge:

Stankey: “We’ve got to make money at the end of the day, right?”
Plepler: “We do that.”
Stankey: “Yes, you do, just not enough.”

Plepler’s clearly defined tenure and vision at HBO had not wavered much since taking over in the early 1990s. But that vision was nervously discarded almost immediately as Stankey looked on.

“I’ve said, ‘More is not better, only better is better,’ because that was the hand we had,” Plepler explained. “I’ve switched that, now that you’re here, to: ‘More isn’t better, only better is better — but we need a lot more to be even better.’”

As a result, HBO, which used to be the darling of critics and well-to-do viewers in big cities on the east and west coast is getting a radical makeover. Onlookers can expect a much more aggressive marketing effort and free samples of the service to attract and hold new customers. It will have to keep its pricing closer to the competition, particularly as many consumers already subscribe to 1-2 different streaming services. Then it will have to give people a reason to subscribe to just one more service.

Competition Drives Internet Prices Down 45% in Toronto This Summer

Fierce competition by eastern Canada’s largest internet service providers are driving down prices across the Greater Toronto Area by as much as 45%.

Bell’s fiber to the home service, making its way across parts of the GTA, is now offering unlimited gigabit (1,000/940 Mbps) internet for $79.95 a month, a major drop from its original price of $149.95, if customers sign up before the end of July. Those signing up by July 7 can also get a $50 gift card.

Rogers, the country’s biggest cable company, has been pushing its own limited time promotional offer for its gigabit (1,000/30 Mbps) package, which is more widely available than Bell’s Fibe but also suffers from anemic upload speed. Rogers was selling the package for $152.99/month, but it’s now $79.99 for the first year. The offer is good throughout Ontario, New Brunswick, and Newfoundland.

The two telecom companies are trying to boost subscriber numbers during the slow summer months when quarterly financial reports can show a decrease in customers.

Canadians have generally had less access to gigabit speed plans than their American neighbors. Experts believe these companies are cutting prices to hook people on super-fast internet plans that will change consumer attitudes about gigabit speed from an unaffordable luxury into a necessity. Like Americans, Canadians are gravitating towards faster speed plans at an accelerating rate. They also continue to choose unlimited plans wherever available.

There are the usual terms and conditions in the fine print to consider:

Rogers: Offer available for a limited time to new Rogers internet subscribers within Rogers cable service area in Ontario (where technology permits). Subject to change without notice. Data usage subject to Rogers Terms of Service and Acceptable Use Policy. See rogers.com/terms for full details. Taxes extra. One-time activation fee of $14.95 and one-time installation fee (waived for Self-Install; Basic $49.99 or Professional $99.99) apply. Savings as compared to regular price for 12 months. Advertised regular price applies in month 13, subject to any applicable rate increases.

Speeds may vary with internet traffic, server gateway/router, computer (quality, location in the home, software and applications installed), home wiring, home network or other factors. See Acceptable Use Policy at rogers.com/terms. An Ethernet/wired connection and at least one additional wired or wireless connection are required to reach maximum download speeds of up to 1 Gbps for Rogers Ignite Gigabit Internet. Offer available until July 31, 2018 within Rogers cable service area (where technology permits) to new customers subscribing to Ignite Internet 60u or above.

Bell: Offer ends on July 31, 2018. Available to new residential customers in Ontario, where access and technology permit. For certain offers, the customer must select e-billing and create a MyBell profile. Modem rental required; one-time modem rental fee waived for new customers. Subject to change without notice and cannot be combined with any other offer. Taxes extra. Other conditions apply, including minimum system requirements. Subject to compliance with the Bell Terms of service; bell.ca/agreements.. Speeds on the internet may vary with your configuration, internet traffic, server, environmental conditions, simultaneous use of Fibe TV (if applicable) or other factors; bell.ca/speedguide.

$50 gift card promotion: Offer ends on July 7, 2018. The selected internet tier must include unlimited usage. An unloaded gift card will be mailed after the customer maintains a continuous subscription to the same eligible Bell services and has an account in good standing for 60 days following the installation of all services. All services need to be activated by July 31, 2018. Not combinable with any other offers or promotions. Subject to change without notice. One gift card per account. When received, customer must register the gift card online at bellgiftcard.com to request loading of the amount. Allow 30 days for gift card to be loaded and ready to use. If you cancel your services before you activate your gift card, you will not be able to use your gift card. Gift card and use are subject to the card program. Other conditions apply; see bell.ca/fullinstall.

“New Fox” Will Be Centered on Fox News & Live Sports

Phillip Dampier July 5, 2018 Competition, Consumer News, Online Video 1 Comment

Rupert Murdoch’s slimmed-down television empire will refocus on targeting America’s red states and live sports fans who may have wagered on those popular online casinos.

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As Murdoch’s television empire reorients itself to embrace the fervor of live sports fans and the potential of online wagering through platforms such as Daftar Slot88 Online, it’s clear that the world of sports betting is now a prominent player in the realm of entertainment, making its mark alongside the fervent political landscapes of the red states, ushering in a new era of viewer engagement and excitement.

After Murdoch completes the sale of most of 21st Century Fox and its studios to either Disney or Comcast, the “New Fox” that will remain will include Fox News Channel, Fox Business Channel, the Fox television network, MyNetworkTV, some sports channels, and 28 owned and operated local television stations. In short, it will be a $23 billion company focused almost entirely on legacy television.

To maximize the value of those remaining assets, “New Fox” will double down on live television to attract and hold the “core Fox viewer,” one who instinctively watches Fox News, enjoys live sports, and more than likely lives in a conservative-leaning state.

Brandon Ross, an analyst at BTIG Research, believes “New Fox’s” crown jewel will be the Fox News Channel, not the Fox television network.

“The strongest asset that’s in their portfolio going forward is Fox News,” Ross said, noting that dedicated viewers of the network will likely see promotions from other Fox-owned networks that will increasingly cater to the interests of the average Fox News viewer. Research shows Fox News attracts an older, conservative, and very loyal audience that is more likely than other demographic groups to also watch live television sports and pay for cable television.

Murdoch’s recent content deals hint he intends to increase Fox’s focus on live sporting events. Last week, CNN reported Fox acquired the rights to broadcast “WWE SmackDown” for the next five years. Earlier this year, it signed another five-year deal to air Thursday night NFL games.

Fox’s scripted television shows will likely take a hit as a result, as investments shift towards live news and expensive sports programming. Murdoch may be signaling it won’t continue trying to keep up in the battle between Amazon, Hulu, and Netflix vs. traditional linear/live television over scripted dramas, original movies, and other pre-produced content. Murdoch’s ability to rely on traditional scripted shows for revenue may also be waning as online content companies break the traditional 24-26 week ad-supported television season.

Netflix’s original content budget was around $6 billion in 2017, more than CBS spent on its own shows. This year it expects to spend up to $8 billion, more than CBS, FOX, and ABC. Fox can still fall back on the two strengths network television still commands — live news and sports. News programming, particularly the kind of political opinion shows Fox airs during the evening, are extremely cheap to produce and attract a loyal audience. Sports programming, in contrast, is extremely costly to acquire. But like news, surveys show more than 90% of viewers watch live, commercials and all.

Jay Rosenstein, a former CBS Sports executive, told CNN that is what makes sports so valuable for a legacy business like Fox.

“There’s been a certainty about sports programming that doesn’t exist with scripted or unscripted programs,” he added. “With sports, you have a known quantity.”

Live sports is one of the few types of programming left where viewers don’t instinctively reach for the remote to fast forward through advertising. Scott Rosner, the academic director of Columbia University’s Sports Management Program, said networks like Fox depend on that to make money.

“What that means is you are sticking around as the viewer,” Rosner said. “You’re far more likely to watch advertising that is being put in front of you.”

That adds up to a lot of advertising revenue because no other programming comes close to beating the ratings of live football games, according to Ross. Networks spend a lot on sports programming, but also earn a lot from lucrative and frequent ad breaks.

Networks opening their checkbooks to spend billions on sporting rights prefer long-term, stable contracts even if they have to spend more to get them. The streaming services, as well as some social media sites, are also dabbling in live sports streaming, and with their deep pockets, traditional broadcast networks could eventually be outbid. At Fox, they have about five years before they need to worry about renewing the contracts they just signed.

“New Fox” will also recoup some of their recent investments from viewers like you. Many expect Fox and their television stations will raise retransmission consent fees charged to your cable, phone, satellite, or online provider to carry Fox-owned networks and stations on the lineup.

Lifting Co-Op Broadband Restrictions in Tennessee Triggers Major Fiber Expansion

Phillip Dampier July 3, 2018 Broadband Speed, Community Networks, Competition, Consumer News, Public Policy & Gov't, Rural Broadband Comments Off on Lifting Co-Op Broadband Restrictions in Tennessee Triggers Major Fiber Expansion

While parts of rural Tennessee languish with little or no broadband service, the state’s electric cooperatives are jumping to deliver internet access over fiber optic cables after the governor eased restrictions written into state law on rural co-ops offering public broadband service.

After Gov. Bill Haslam (R) signed a bill in 2017 permitting not-for-profit electric co-ops to offer broadband service to their customer-members, at least seven of Tennessee’s 22 municipal co-ops almost immediately launched fiber to the home service projects that offer faster and more reliable service than many of the state’s phone companies that still offer DSL service (or nothing at all).

Offering broadband service is a win-win for small communities and the co-ops that serve them, because existing infrastructure already in place to provide electric service can be augmented with fiber optic cables to deliver phone, television, and internet service as well. Co-ops can also use the fiber infrastructure to manage smart electricity grids, which can better detect outages and offer useful power management tools.

Among some of the projects now underway:

  • Tri-County Fiber Communications  of Lafayette, Tenn., serves more than 50,000 customers in rural Tennessee and Kentucky. Its fiber project will serve part of its current service area and is enrolling customers now who want to commit themselves as future customers and avoid a $1,500 installation fee.
  • SVEConnect, providing electric service since 1939, will offer customers in seven counties starting internet speeds of 200 Mbps and up to 1 Gbps in 2018, along with phone and television service.
  • Gibson Connect, operated by the Gibson Electric Membership Corporation, offers service to 39,000 homes and businesses in eight west Tennessee counties (Crockett, Dyer, Gibson, Haywood, Lake, Lauderdale, Obion and Madison) and four west Kentucky counties (Carlisle, Fulton, Graves and Hickman). Fiber broadband is planned to roll out gradually in many of these areas, and the co-op has already signed up 6,000 customers before service is even available. Gibson Connect will sell 100 Mbps internet for $49.95 and 1,000 Mbps service for $69.95 a month. Some customers in its service area are already served by other providers, but Gibson promises faster speeds, no data caps, and more affordable pricing.

The conservative and industry-backed groups that coordinated with the telecom industry to push Tennessee to pass restrictive laws effectively banning municipal or public broadband competition are grudgingly tolerating co-ops entering the broadband marketplace, as long as they only service areas where they won’t compete with an established phone or cable company. They also must remain within their electric service area.

Those opposed to public broadband claim the networks offer unfair competition because they often receive subsidies or grants. But many municipalities are doubly frustrated because the same companies that are lobbying to keep them out of the broadband business also refuse to provide service in their towns and villages. Many communities are too small or sparsely populated to provide enough Return On Investment (ROI) to entice those providers to expand, they add.

In areas where residents are quick to complain about government spending, many are strongly in favor of broadband development. Local officials have been told by frustrated residents, “if you do not provide the service, nobody else will.”

Despite the flourishing of fiber-fast broadband in areas served by co-ops, other parts of Tennessee remain broadband dead zones because the current state law continues to frustrate local communities trying to build financially feasible broadband projects that have a chance of breaking even. Tennessee’s Rep. Marsha Blackburn, who is running for a Senate seat this year, is notoriously one of the country’s biggest allies of AT&T, Comcast, and other telecom companies and favors keeping public broadband in shackles. She is also among the top recipients of campaign contributions from the telecom industry.

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