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Top Cable Lobbyist Laments Cable’s Self-Made Bed Has Weighed Down and Damaged the Industry’s Reputation

Phillip Dampier May 6, 2015 Broadband Speed, Competition, Consumer News, Net Neutrality, Online Video, Public Policy & Gov't, Video Comments Off on Top Cable Lobbyist Laments Cable’s Self-Made Bed Has Weighed Down and Damaged the Industry’s Reputation
Powell

Powell

Decades of bad service, rate increases, and abusive employees have given the cable industry a bad name and America’s top cable lobbyist, former FCC chairman-turned-president of the National Cable & Telecommunications Association is sad about that.

“I hate the name […] cable,” Powell lamented Tuesday in Chicago during the opening of the NCTA-rebranded INTX 2015 show (formerly known as The Cable Show).

While years of bad service have done little to tangibly affect the industry’s fortunes in a barely competitive marketplace, Powell seemed convinced it was Comcast’s appalling reputation with customers (including regulators and politicians working in Comcast’s District of Columbia service area), that did more to derail its recent merger effort with Time Warner Cable than anything else.

intxCable’s bad reputation has come home to roost, allowing everyone to assume the worst and see a need to erect protective fences like Net Neutrality to keep cable companies from capitalizing on new fees for Internet usage.

As long as cable has a “frayed relationship” with customers, Powell said he believed the industry will lose more policy battles than it wins, and it should be aware of that.

But those in attendance later told Communications Daily (subscription required) they disagreed with Powell and believed the industry has faced down bigger threats than Net Neutrality and online video. They also disagreed with any name change that de-emphasized “cable” and complained the industry didn’t get enough credit for its role in bringing faster Internet to American homes.

Because cable operators both own the pipes and have a strong working relationship with content producers, many attendees believe cable is in an excellent position to face down competitors, because most depend on cable broadband to deliver their services.

[flv]http://www.phillipdampier.com/video/NCTA Michael Powell and ReCode Kara Swisher Kick off INTX 2015 5-5-15.mp4[/flv]

NCTA president Michael Powell talks with ReCode’s Kara Swisher about the state of the cable industry and the Internet at the start of INTX ’15 in Chicago. (18:53)

Fla. Utility Says Negotiations With Verizon Make It Clear Verizon Will Exit the Wireline Business Within 10 Years

FPL_logo_PMS2925A Florida utility company has told federal regulators it is certain Verizon has a plan to exit its landline and wired broadband businesses within the next ten years to become an all-wireless service provider.

Florida Power & Light argued in a regulatory filing with the Federal Communications Commission it was clear Verizon had plans to exit its wireline business after the phone company suddenly informed regulated utilities like FP&L it no longer seemed interested in fighting over pole attachment fees and pole ownership and use issues. FP&L suggests that is a radical change of heart for a company that has fought tooth and nail over issues like pole attachment fees for years.

“Verizon has made it clear it intends to be out of the wireline business within the next ten years, conveying this clear intent to regulated utilities in negotiations over joint use issues and explaining that Verizon no longer wants to be a pole owner,” FP&L wrote to federal regulators. “Indeed, the current proposed [$10.54 billion sale of Verizon facilities in Florida, Texas and California] proves this point.”

Verizon has fought repeatedly with the Florida power company over the fees it pays FP&L to attach copper and fiber cables to the power company’s poles. Verizon Florida has repeatedly accused FP&L of charging unjust fees and at one point withheld payments to the utility worth millions.

In February, the FCC dismissed Verizon’s complaint for lack of evidence in the first-ever decision in a pole attachment complaint case involving an incumbent telephone company under a joint use agreement with an electric utility. The power company accused Verizon of lying when it promised concrete benefits to consumers if the FCC reduced joint use pole attachment rates. Suddenly, Verizon no longer seems to be interested in the issue.

verizon“Verizon has not increased its efforts to deploy wireline broadband in the last three years; and there is no evidence that Verizon has used the capital saved on joint use rates for the expansion of wireline broadband,” FP&L officials write. “Indeed, all of the evidence shows that Verizon is abandoning its efforts to build out wireline broadband.”

The power company is not about to just wave goodbye to Verizon. It filed remarks opposing the sale, claiming the benefits will end up in the pockets of executives and shareholders while customers get little or nothing. FP&L wants the FCC to enforce concrete conditions that guarantee Frontier will invest in upgrades to Verizon’s network, especially in non-FiOS service areas.

FP&L added it supports forward technological progress for the benefit of consumers, but the price of that progress should not be the abandonment of wireline customers, contractual obligations, and past promises to the FCC. The utility wrote it is not opposed to Verizon becoming a fully wireless company, but it should only be allowed to do so after it ensures that “its wireline house is in order.”

As things stand today, the utility argues Verizon is looking to abdicate on its obligation to deliver universal service and is no longer interested in maintaining its wired networks. FP&L points to Verizon’s efforts in 2013 to discard damaged wired facilities in favor of Voice Link, Verizon’s wireless landline replacement, in states including New York, New Jersey, and Florida.

“There should be no doubt that Verizon’s strategy to abandon wireline service in favor of wireless service extends beyond New York and Florida and beyond storm damaged and rural areas,” argues FP&L.

The utility points to Verizon’s successful effort to relieve itself of obligations to build a statewide fiber network in New Jersey that was supposed to be complete by 2010.

“Verizon, quite simply, has failed to build out wireline broadband in New Jersey because Verizon has no interest in doing so,” said FP&L. “As the sale of wireline facilities in Florida, Texas, and California […] clearly demonstrates, Verizon obviously is no longer interested in the wireline broadband business and sees its financial future in the wireless industry.”

While Your Cable TV Bill Rises Due to “Increased Programming Costs,” So Are Advertising Loads

cablebill-web

Cablevision’s broadcast TV surcharge increased in January to $5.98 a month, which amounts to $71.76 a year, on top of your usual cable TV bill.

No it isn’t your imagination. While a growing number of cable television subscribers now face a “broadcast programming surcharge” on their cable bill to compensate television stations and networks for cable carriage, those same channels are larding up their programming with ever-increasing advertising. One quarter of every hour of network television is now littered with commercials — an all-time high for broadcast networks seeking to maximize advertising revenue.

Show openings have been cut to seconds, credits roll by at fast-forward speed – usually compressed into illegibility, and some cable networks have returned to the practice of chopping bits of shows and compressing playback of others to accommodate more commercials. That does not include product placement or “in-program” compensated advertising, which appears when a character picks up a can of Pepsi, walks by a Subway outlet, or reaches for a Pop-Tart for breakfast.

As early as 2009, TNS Media Intelligence found at least 36% of today’s network primetime shows were advertising-oriented. That included 7:59 of in-show brand appearances and 13:52 of commercial advertisements, for a combined total of 21:51 of marketing content.

Reality shows, as well as being cheap to produce, are product placement gold. America’s Toughest Jobs contained 44:50 per hour of advertising messages and product placement, The Biggest Loser ran up 40:37. Before the reality show craze, game shows were program-length commercials in disguise. Game show producers received an endless supply of prizes to give away in return for viewers enduring relentless 10-15 second pitches for Rice-a-Roni, crock pots, living room furniture sets, and current model cars and trucks. Viewers did not escape traditional advertisements along the way either.

Through much of the 1970s and early 1980s, an average hour of network television was between 48-52 minutes of programming, 8-12 minutes of network and local commercials. Short news breaks and public service announcements were often included during those breaks. Shows targeting children usually contained less advertising.

In 1984, the Reagan Administration deregulated broadcasters, claiming the free market was best equipped to contain any abusive practices as consumers theoretically could tune out stations and networks that allowed things to get out-of-hand.

In reality, what one network decided, the others usually followed. Outside of watching commercial-free PBS (although those sponsorship messages increasingly began to resemble traditional advertising over the years), viewers didn’t have much choice. For the last 31 years since deregulation, advertising has increased while show length has decreased. In the 1970s and 80s, pieces of rerun television shows created when ad loads were shorter were often cut from shows to make room for an extra ad or two. What was left after a trip to the cutting room was often played slightly sped-up, which made room for even more advertising. By the 1990s, producers created their shows with increasing advertising loads in mind. Short sacrificial 60-90 second end scenes, deemed non-essential to the show’s integrity, were often chopped when a show entered syndication.

In the 2000s, network executives started demanding producers drastically cut the length of show opening and closing themes. If producers didn’t, studios did it for them when a show was resold to a cable network. A rerun of Law & Order now features a 24-second opening, a big difference from the original 1:45 second opening the show had when it originally aired on NBC. End credits were usually squished on-screen to allow a 15-second network promotion to run at the top. Some networks even began their next show in one window while showing end credits of the last program in another.

But nothing affected commercial loads more than the 2008 Great Recession. Advertising revenue tumbled, along with the economy, and advertisers balked at paying traditional ad rates when online advertising was available for much less. The answer? Sell more ads… at a lower price. Once again, program lengths had to be cut to make room for the increasing number of commercials. By 2009, average network ad loads were up to 13:25 per hour. Just four years later in 2013, that number spiked to 14:15. It’s now 15 minutes and up at some networks, depending on the type of program.

As commercials neared comprising 25% of every hour of television, sponsors finally began to rebel. They were reacting to the pervasive growth of the DVR, which allowed consumers to record their favorite shows, if only to fast forward past the dense thicket of commercials. They sought a ceiling on ad loads and more creative ways to reach ad-skipping audiences numbed by relentless advertising. That meant even more product placement.

Although sponsors of expensive NBC, CBS, ABC, and FOX shows may have rebelled at the 15-minute mark, the same isn’t true with cable networks where ad loads are as high as 24 minutes per hour. In 2009, the average cable network aired 14:27 of advertisements an hour. This year, it’s up to 15:18 and still rising. Among the worst offenders:

ad load

To keep the money flowing from every direction, both over-the-air and cable networks, including those noted above, continue to seek additional compensation from your provider in the form of retransmission consent and carriage agreements. Whether you watch a channel or not, you are paying for it. Some of these compensation agreements are experiencing rate increases approaching 10% annually.

To the surprise of many industry analysts, some of the worst offenders are networks with declining ratings who risk further alienating viewers with even more advertising just to keep revenue numbers up. While traditional ads actually declined by 2% on most over the air networks this year, FOX more than made up for that with a 15% increase in advertising time. The cable networks with the highest ad increases this year were Viacom-owned channels (Comedy Central, Spike, MTV, Nickelodeon) jumping 13%, A+E Networks (A&E, Crime & Investigation, Lifetime, History) increasing 10%, and 9% at Discovery Networks. Which networks increased ads the least? Those owned by Disney, independent cable networks, and Time Warner (Entertainment).

“Generally speaking, the ratings winners (Disney, 21st Century Fox, Scripps Networks) are increasing investment in original content (and not abusively increasing ad loads), whereas the losers (A+E Networks, Viacom, NBCUniversal) and the neutrals (Discovery, AMC Networks) are decelerating investment in original content and stuffing more ad spots into their shows,” said analyst Todd Juenger of Sanford C. Bernstein.

Michael Nathanson of MoffetNathanson Research worries television is repeating the mistakes commercial radio made post-deregulation, when massive increases in advertising accompanied by decelerating investment in programming repelled many listeners, perhaps for good. Some have permanently abandoned commercial over the air radio in favor of commercial free music services, satellite radio, and streaming services.

“Networks can offset ratings challenges and pricing weakness with more inventory, however, we worry that it is a dangerous long-term game that ultimately devalues the consumer experience and reduces ad efficacy,” Nathanson said. “As we saw with radio, once the increased commercial load genie is out of the bottle, it is nearly impossible to put it back in.”

When Stephen Cox was watching The Wizard of Oz on TBS last November, something didn’t sound quite right to him about the Munchkins, who are near and dear to his heart. He wasn’t imagining things. Time Warner-owned TBS used compression technology to speed up the movie. The purpose: stuffing in more TV commercials.

“Their voices were raised a notch,” Cox, the author of several pop-culture books including one about the classic 1939 film, told the Wall Street Journal. “It was astounding to me.”

The Colbert Report hilariously depicts the next generation of product placement: the retroactive ad technology of Mirriad, which can insert products into shows years after they were made. (4:04)

Time Warner Cable’s Post-Merger Conference Call: Improved Subscriber Numbers But ‘We’ll Let Others Take the Lead’

Phillip Dampier April 30, 2015 Broadband Speed, Competition, Consumer News, Net Neutrality, Public Policy & Gov't Comments Off on Time Warner Cable’s Post-Merger Conference Call: Improved Subscriber Numbers But ‘We’ll Let Others Take the Lead’

road runner

Time Warner Cable held its first post-merger-flop conference call with investors this morning and reported surprisingly good subscriber numbers for the first quarter of 2015.

Despite disappointing investors for not meeting projected profit and revenue numbers for the first three months of the year, Time Warner managed to add 30,000 net video customers for the first time since 2009. High-speed data customers grew by 315,000, compared with 269,000 a year ago, while voice customers increased by 320,000, compared with 107,000 in the prior-year period. The company also reported $26 million in wasted merger-related costs.

8999

Time Warner’s latest triple play promotion has fewer gotchas in the fine print than usual, but the modem fee is still there so buy your own.

A renewed love for Time Warner Cable was not the reason the cable company added customers. Aggressive pricing with fewer fine print “gotchas” and Time Warner Cable Maxx upgrades helped the company pick up new subscribers. Last October, Time Warner added a $90 triple play offer valid across much of its service area, offering unlimited calling phone, Preferred TV, and 30Mbps broadband with one set-top box for $89.99 a month for one year, an offer Artie Minson, chief financial officer of Time Warner Cable called “clean.”

For the last two years, Time Warner Cable executives decided to de-emphasize promotional pricing on phone service, preferring to draw more attention to its double-play television and broadband offers. This year, that thinking is long gone as the cable company re-emphasizes its triple-play packages and offers current customers the chance to add phone service for as little as $10 a month. The strong growth in new phone customers during the quarter reflects the success of those promotions.

Minson was less impressed with the sales of “skinny bundles” of bare basic cable television, HBO, and broadband service, noting it had little impact on Time Warner’s subscriber growth. The allure of its $14.99 everyday low price, low speed Internet offer has also waned.

“There’s a lot of attraction in the press about skinny packages,” echoed Dinesh C. Jain, chief operating officer of Time Warner Cable. “I think a lot of the times, customers don’t want to get bogged down in a lot of choices to make on those kinds of things. There’s a lot of value in our triple-play packaging right now and it’s a simpler sale.”

Marcus used the conference call to re-emphasize the company has not been distracted by 14 months of merger talks with Comcast and has executed on its pre-merger business plan all along.

twc maxx

Coming in 2017 (If We Live That Long)

Network upgrades under the TWC Maxx program are continuing on schedule.

“New York City, LA and Austin are complete, Dallas, San Antonio and Kansas City are underway and Charlotte, Raleigh and Hawaii on the docket for later in the year,” said Marcus. “We also plan to begin the Maxx process in San Diego this year and finish up in early 2016. It’s still early days, but Maxx certainly appears to be making a difference. Customer feedback has been great and churn among Maxx customers with new DOCSIS 3.0 modems is dramatically lower.”

But it will take another two years to complete the entire Time Warner footprint, of which 40-50% will be upgraded by the end of this year.

“The exact pace at which we continue that process in 2016 and 2017 depends on the experience we have in 2015. We’re feeling better about our ability to roll out all-digital this year than we did last year, which was really the first year of the program,” said Marcus. “And we’ll evaluate, as we go into 2016, how quickly we think we can ramp the next batch of systems.”

In a recurring theme throughout the conference call, executives emphasized Time Warner does not want to pioneer tinkering with the traditional cable package.

For example, Marcus acknowledged Cablevision’s experiment with Wi-Fi calling as a cellular replacement strategy, but said Time Warner Cable will take a wait and see approach.

“I’m inclined to watch and see how that evolves and then we’ll see how best to develop our own strategy on that front,” Marcus said.

Marcus

Marcus

“There’s a lot of talk and a lot of work going on out there from other guys,” said Jain, referring to slimmed down cable packages and unbundling. “And if any of their things work, we’ll just be fast followers on that stuff because I think there are some segments of our customer base where that is going to have appeal.”

Marcus also complained there was far too much attention being paid on Millennials as an excuse to break up the traditional cable experience.

“There tends to be, in my opinion, an obsessive interest in Millennials, maybe at the expense of the broader customer base,” Marcus said. “For the vast majority of our customers, the way we currently deliver the video product is pretty darn attractive. That said, sure, there’s a group of customers who might very well like to access video via other means. So it is definitely the case that over time, I can see a world where more and more customers consume our offering without needing to lease a set-top box from us. But that doesn’t mean we’re going to abandon the largest portion of our customers who actually do like the current model.”

On other subjects, the implementation of Net Neutrality under Title II regulations will have no impact on Time Warner’s future plans or investments, according to Marcus.

“We’ve said in the past that our normal business practices comply entirely with the notion of the open Internet, no blocking, no discrimination, no throttling, and transparency are fundamental parts of the way we do business. So to the extent that that’s the full scope of what’s getting incremented under Title II, I think you won’t see a change in the way we do business.”

But he warned if the FCC intends to more broadly regulate Internet access, that could have an impact on pricing and future investment.

Marcus also re-emphasized his intention not to change the way Time Warner sells broadband. That means no compulsory usage caps or usage-based pricing.

“We’re very focused on delivering compelling products to customers at a price that delivers real value,” said Marcus. “We can’t think in terms of taking gross margin dollars that are lost because we lose a video customer and somehow embedding those into high-speed data [with usage pricing] and not seeing an impact on high-speed data.”

GOP Tries to Slash Rural Broadband Funding in Minnesota: “Wireless/Satellite Broadband is the Future!”

Garofalo

Garofalo

Outrage from Minnesota’s elected officials representing rural districts around the state has embarrassed Minnesota House Republicans into grudgingly restoring a token amount of broadband funding to help small communities get online.

Earlier this month, the GOP majority’s budget proposal completely eliminated broadband development grants, which amounted to $20 million in 2014. Republicans attacked the spending as unnecessary and a wasteful “luxury.” The money was reallocated towards promoting tourism.

Budget point man Rep. Pat Garofalo (R-Farmington) said hardwired Internet access was outdated.

“The future is wireless and satellite Internet,” Garofalo declared, adding these were better, cheaper options for rural Minnesota.

Rural Minnesota strongly disagreed.

The West Central Tribune in Willmar declared the GOP budget proposal very disappointing to everyone in rural Minnesota.

“Rural Minnesota will continue to fall behind in broadband access and, in turn, the critical factors of quality of life, education, economic opportunities, access to health care and many other positive benefits,” the newspaper wrote in an editorial.

Rural Minnesota Broadband: Nothing to write home with a quill pen about.

Rural Minnesota Broadband: Nothing to write home with a quill pen about.

“We are astonished as to why the House would ignore one of the state’s biggest economic development needs,” said Willmar City Council member Audrey Nelsen, a member of the Coalition of Greater Minnesota Cities’ board. “The lack of high-quality broadband affects communities and regions all across the state.”

“We agree,” the paper declared.

“High-speed Internet service is not a luxury, it is an absolute necessity for job and business growth,” said executive director Dan Dorman of the Greater Minnesota Partnership.

House Republicans seem intent on stomping out rural Minnesota’s digital economy. Broadband coverage in these areas is a disgrace: Kandiyohi County is third lowest in Minnesota, at only 13.18 percent, in the percentage of households with access to broadband that meets state-speed goals. Surrounding counties with low access percentages include: Chippewa at 24.47 percent, Yellow Medicine at 25.69, Swift at 30.41, Pope at 31.40 and Renville at 58.29.

In 2013, Gov. Dayton’s Broadband Task Force Report recommended a $100 million infrastructure fund to start addressing the $3.2 billion total investment needed statewide to address this issue. Garofalo seems ready to concede to an $8 million token allocation some Democrats call insulting.

Rep. Tim Mahoney said he believed 10 years of an annual $20 million investment would solve the rural broadband problem in Minnesota in a decade. The St. Paul Democrat believes with the GOP’s budget, it will take forever.

“For them to come up with $8 million is kind of ridiculous,” Mahoney said. “It’s almost a slap in the face.”

Garofalo believes AT&T and Verizon’s forthcoming home wireless broadband solutions will solve Minnesota’s broadband problems, without considering those services are expensive and tightly usage-capped. Satellite Internet is condemned by critics as costly “fraudband,” often speed-throttled and usage capped.

Fiber Internet, in Garofalo’s world view, is “yesterday’s technology,” despite ongoing investments in fiber to the home Internet around the world, including investments from companies including AT&T, Verizon, Google, and others that now offer fiber technology capable of speeds in excess of 1Gbps.

Sober assessments of the different broadband technologies available in Minnesota are already available from the state’s Office of Broadband Development. Garofalo’s budget resolves the ideological conflict between his views and theirs by eliminating the agency.

Garofalo said to save rural broadband, the state government must first kill any plan that might interfere with the private sector.

“The private sector won’t invest if it senses that the government is coming in with something else,” he said.

lousy rural

Without throwing Garofalo totally under the nearest tourist bus, House Ways and Means Committee chairman Jim Knoblach said the state needs rural broadband funding, even if other options such as wireless Internet may be a more efficient way to tackle the problem down the road.

“There are people waiting for broadband now that I think this would help,” the St. Cloud Republican said, supporting the restoration of $8 million in funding.

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