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FCC Prepares to Approve Charter-Time Warner Cable-Bright House Merger

mergerDespite clamoring for more competition in the cable industry, FCC chairman Thomas Wheeler is reportedly ready to circulate a draft order granting Charter Communications’ $55 billion dollar buyout of Time Warner Cable, with conditions.

The Wall Street Journal reported late last night the order will be reviewed by the four other commissioners at the FCC and could be subject to change before coming to a vote.

Wheeler’s order is likely to follow the same philosophical approach taken by New York State’s Public Service Commission — approving the deal but adding temporary consumer protections to blunt anti-competition concerns.

Most important for Wheeler is protecting the nascent online video marketplace that is starting to threaten the traditional cable television bundle. Dish’s Sling TV, the now defunct Aereo, as well as traditional streaming providers like Hulu and Netflix have all been frustrated by contract terms and conditions with programmers that prohibit or limit online video distribution through alternative providers. The draft order reportedly would prohibit Charter from including such clauses in its contracts with programmers.

fccCritics of the deal contend that might be an effective strategy… if Charter was the only cable company in the nation. Many cable operators include similar restrictive terms in their contracts, which often also include an implicit threat that offering cable channels online diminishes their value in the eyes of cable operators. Programmers fear that would likely mean price cuts as those contracts are renewed.

Wheeler has also advocated, vainly, that cable operators should consider overbuilding their systems to compete directly with other cable operators, something not seen to a significant degree since the 1980s. Cable operators have maintained an informal understanding to avoid these kinds of price and service wars by respecting the de facto exclusive territories of fellow operators. Virtually all cable systems that did directly compete at one time were acquired by one of the two competitors by the early 1990s. It is unlikely the FCC can or will order Charter to compete directly with other cable operators, and will focus instead on extracting commitments from Charter to serve more rural and suburban areas presently deemed unprofitable to serve.

gobble-til-you-wobbleMost of the other deal conditions will likely formalize Charter’s voluntary commitments not to impose data caps, modem fees, interconnection fees (predominately affecting Netflix) or violate Net Neutrality rules for the first three years after the merger is approved. As readers know, Stop the Cap! filed comments with the FCC asking the agency to significantly extend or make permanent those commitments as part of any approval, something sources say may be under consideration and a part of the final draft order. Stop the Cap! maintains a cable operator’s commitment to provide a better customer experience and be consumer-friendly should not carry an expiration date.

It could take a few weeks for the draft order to be revised into a final order, and additional concessions may be requested, a source told the newspaper.

Meanwhile, the California Public Utilities Commission (CPUC) is still reviewing the deal. News that the FCC is prepared to accept a merger is likely to dramatically reduce any chance California regulators will reject the merger out of hand. Stop the Cap!’s Matthew Friedman is continuing discussions with the CPUC to bolster deal conditions to keep usage caps, usage-based billing, and other consumer-unfriendly charges off the backs of California customers. New York customers will automatically benefit from any additional concessions California gets from Charter, as the PSC included a most-favored state clause guaranteeing New Yorkers equal treatment. Any conditions won in California and New York may also extend to other states to unify Charter’s products and services nationwide.

An independent monitor to verify Charter is complying with deal approval conditions is likely to be part of any order approving the transaction, although critics of big cable mergers point out Comcast has allegedly thumbed its nose at conditions imposed as part of its acquisition of NBCUniversal, and only occasionally punished for doing so.

CBS All-Access Not Exactly a Runaway Success; Discounts Coming

Phillip Dampier March 9, 2016 Competition, Consumer News, Online Video 5 Comments

cbs all accessAttempts by CBS to get consumers to pay the network $5.99 a month to stream ad-filled network shows, classics, and local affiliates has proven less compelling than the network originally thought.

CBS chairman and CEO Les Moonves admitted to investors “All-Access” has not met the company’s expectations, even after CBS added options to watch several of its network affiliates around the country.

Speaking at the Deutsche Bank Technology, Media & Telecom conference in Palm Beach, Fla., Moonves said CBS was considering discounting the service, especially if customers bundle it with Showtime’s standalone online video service, now priced at $10.99 a month.

Moonves

Moonves

Instead of relying entirely on other companies to create so-called “skinny bundles” of pared down video packages offered as an alternative of one-size-fits-all cable TV, CBS has kept some of its online video offerings in-house under the All-Access brand, which launched in October 2014.

But convincing the public to pay $6 a month for ad-laced shows is proving as much of a challenge for CBS as it had been for Hulu’s Plus option. Moonves suggested CBS is considering adding a premium ad-free option like the one Hulu offers now, for an additional $4 a month, and is also trying to get the National Football League to allow NFL game streams on All-Access in the future.

CBS’ best chance of success for its subscription service may come from offering original shows exclusively to subscribers, particularly a new Star Trek series premiering in January. Moonves predicted that would help make All-Access an “extraordinary success.”

“Next year it’s going to add substantially to our bottom line,” he added.

Moonves called cord-cutting “inevitable,” as consumers gravitate away from traditional cable television packages.

“Someone is going to figure out how to do this and how to give people what they want […] and not for $100 a month,” Moonves said. “It will [sell] for $35-39 dollars a month [and] you’ll get the 12 to 15 or 18 channels that you care about, and not the Karate Channel for 25¢ a month. That doesn’t make sense anymore.”

Netflix’s $5 Billion Budget for Content Guarantees Program Spending Arms Race

Phillip Dampier March 3, 2016 Competition, Consumer News, Online Video 2 Comments

Total-Cable-Rate-increase-FCC6Years of broadcast and cable networks relying on cheap reality TV fare, game shows, and lurid news magazines to save money are coming to an end as media companies realize the only way to stop the viewing shift to Netflix, Hulu, and Amazon is to create better programming viewers want to see.

With online video services like Netflix spending millions to create original content like House of Cards and Fuller House, viewers are becoming disenchanted with shoveled reality fare and reruns littering basic cable networks.

A decade ago, cable networks started pushing the envelope on their programming lineups to boost ratings. Sober educational history documentaries on The History Channel began to make way in 2008 for reality shows like Pawn Stars and Ax Men, along with dubious pseudo-documentaries like Ancient Aliens and UFO Hunters. Consistent weather forecast information on The Weather Channel often had to wait for various weather chasing reality shows and other long form programming. Even The Learning Channel ditched educational programming as early as 2001 to feature “lifestyle” shows maligned and lampooned by critics as “freak show” television.

Broadcast networks suffering through an interminable advertising recession increasingly ditched scripted dramas for much cheaper reality and game shows. Even though some of these shows are considered popular, the total number of households viewing them have been in decline for years.

With the advent of series and movies created and funded by online video providers, traditional television networks and cable outlets have realized they can no longer rely on Law & Order reruns and shows like The Real Housewives of Dallas to keep viewers. They have to spend more money to create quality new shows.

bill shockBloomberg News reports networks hit the panic button after learning Netflix intends to spend almost $5 billion this year alone on programming, far more than any broadcast or cable network would ever consider.

The new strategy in response: spend, spend, spend.

“All these companies have been raising the amount they’re spending on programming pretty consistently,” said Doug Creutz, an analyst with Cowen & Co. “TV is losing audiences, and you’re trying to have new stuff to keep audiences engaged with your programming.”

Discovery Communications, Viacom and Starz are among those planning spending boosts to deliver better programming to compete. Although that may be great news for television aficionados, consumers are likely to be handed the bill in the form of higher cable rates to cover the “increased programming expenses.”

The large broadcast networks, movie studios, and cable networks may have created this problem for themselves after they began dramatically boosting the cost of licensing movies and TV shows for ventures like Netflix, in hopes of limiting its growth while also profiting handsomely from their deep content libraries. In response to growing restrictions on licensing content, Netflix embarked on a plan to create some of their own exclusive content instead. Many entertainment executives did not take Netflix seriously until the arrival of House of Cards, a series that could easily have been created and financed by any major network.

Other online video companies quickly followed suit, often using the British TV model of creating affordable, high quality mini-series that might include 8-10 episodes per season instead of the usual two dozen common on American networks. Co-productions with content-starved networks abroad also helped share expenses, secure talent, and move into something beyond conventional programming.

Cable networks have also had increasing success creating shows not just for the American market, but also for export to the rest of the English-speaking world, particularly Great Britain, Ireland, Australia, and Canada.

discoverySome Wall Street analysts like Rich Greenfield at BTIG Research have gone as far as predicting the traditional cable TV bundle is threatened with extinction as cost conscious viewers continue to abandon linear/live television for on-demand content like that offered by Netflix instead. That has delivered a three-way punch: pressures on revenue as program creation spending increases, growing cord-cutting, and cable rate inflation cable executives are increasingly desperate to control.

The day the 500 channel cable package model falls apart may not be too far off. The cost of programming at Discovery’s cable networks, other than sports, has grown 55% from 2013 to 2016, according to projections from researcher MoffettNathanson.

Discovery is using the money to push aside some of its near-endless reality TV fare for scripted programming, developing 10 shows with Lions Gate Entertainment. Viacom, another major cable programmer, saw expenses rise more than 25%, in part to create a new night of programming on VH1, doubling animation at Nickelodeon, and budgeting for more special events programming on BET. Some smaller cable operators were not impressed with the asking price and dropped all of Viacom’s networks from their cable systems.

Starz-LogoStarz, dwarfed by HBO and Showtime, is spending $250 million on its own original programming including Outlander, Survivor’s Remorse and Power. Subscribers who want more will get it as Starz increases budgets enough to allow producers to create 80-90 original episodes this year, up from 75 in 2015. To introduce subscribers to the shows, Starz commonly offers cable subscribers free trials as part of ongoing cable company promotions.

If you run an entertainment studio, are employed in the entertainment field, or can act, these are good times. In fact, demand for scripted shows may be outpacing the capacity of studios to produce them.

John Landgraf, CEO of Fox’s FX Networks, asserted there’s “too much TV,” noting over 400 scripted shows were filmed last year.

Until the late 1980s, most of the demand for scripted shows came from NBC, CBS, ABC, and the then-new FOX, because they were the only ones with enough money to afford the high production costs. Today, cable subscribers foot the bill for most cable network original shows, causing cable rates to spiral. With Netflix ready to spend at least $11 billion on programming over the next five years, the days of rate hikes are far from over.

Sanders, Warren Raise Doubts About Charter-Time Warner Cable-Bright House Merger

Sens. Sanders and Warren

Sens. Sanders and Warren

Democratic presidential hopeful Sen. Bernie Sanders (Ind.-Vt.) has expressed serious doubts about the claimed consumer benefits of a multi-billion dollar cable company merger between Charter Communications, Time Warner Cable, and Bright House Networks.

In a joint letter with Sens. Al Franken (D-Minn.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.), Sanders told FCC Chairman Tom Wheeler and Attorney General Loretta Lynch the deal would create a “nationwide broadband duopoly, with New Charter and Comcast largely in control of the essential wires that connect most Americans to how we commonly communicate and conduct commerce in the 21st century.”

The senators explained that “broadband service is not a luxury; it is an economic and social necessity for consumers and businesses.”

The five Democrats believe the merger could have negative effects on consumer choice, competition, and innovation in broadband and online video. With Comcast and New Charter controlling at least two-thirds of the high-speed broadband lines in the country, Sanders and his colleagues are concerned this will allow Comcast and New Charter to raise rates while reducing broadband innovation, allowing the United States to fall even further behind other industrialized nations with superior broadband.

The senators asked the Department of Justice and the FCC to carefully evaluate how the proposed deal could impact the marketplace.

“New Charter must not only prove that this deal would not harm consumers, but they must also demonstrate that it would actually benefit them and promote the public interest,” the senators argued.

This week, New Jersey regulators approved the merger transaction in that state, leaving California as the last major challenge for Charter executives. Federal regulators are not expected to rule on the deal until the spring or summer.

Why Satellite Fraudband Still Sucks: Low Caps, Throttled Speeds, Almost-Useless Service

exedeDespite claims satellite broadband has improved, our readers respectfully disagree:

“Most people don’t know what data caps really are until they’ve had satellite based Internet service where the bandwidth is shared,” Scott S. reminds Stop the Cap! He’s a subscriber of Exede, a satellite broadband provider powered by the ViaSat satellite platform serving about 687,000 residential customers nationwide.

Online life can be a lot worse when you are stuck with satellite-based Internet access:

  • “I am only allowed to have 10GB per month total for everything and have a 12/3Mbps service. Anything over that and they either cap your flow or give you substantially lower bandwidth speed.
  • “You can’t go online with more than three devices (including your phones).
  • “You can forget Netflix or watching any shows online.
  • “You can forget playing ANY video games online.
  • “You can forget taking any college courses online without service interruptions (which I am).”

“And they still charge you as much as other ISPs do (at least $60/month) that provide no data caps and a MUCH faster speed,” Scott writes.

Exede offers most customers plans with 10, 18, or 30GB of usage per month. About one-third of the country, typically the most rural regions in the western U.S., can now choose faster plans at speeds nearing 25Mbps because those spot beams are underutilized. But most subscribers get considerably poorer service because about two-thirds of ViaSat’s residential satellite access beams are full. Despite that, Viasat still managed to find capacity to power in-flight Wi-Fi on JetBlue, Virgin America and some United Airlines aircraft.

Customers who have never had DSL or cable broadband tolerate the slow speeds and low caps better than those that move from an area served by a wired provider. Many of those customers call satellite broadband speed marketing claims “fraudulent” and complain low usage caps make it difficult to impossible to use the Internet to use multimedia content.

 

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