Mhaoilchiaráin and O’Reilly launch Irish TV (Image: Picture: Frank Dolan )

Irish TV, focused on the Irish diaspora, is in talks with Comcast and Time Warner Cable to add its online channel to the national cable television lineups of both companies.

The network, not affiliated with Raidió Teilifís Éireann (RTÉ) — Ireland’s public broadcaster, is a Mayo-based commercial venture that launched in May 2014, and can be viewed only in part on some PBS stations and via Sky and Freesat in Europe.

John Griffin, chairman of Irish TV, has committed to spend up to $18.9 million on the network. He has the money, having earned millions while growing London minicab company Addison Lee. He sold his interest in the venture to the Carlyle Group for $486.3 million dollars last year.

The vision behind the Irish channel, which features homegrown cooking, music, and sports entertainment, originated with its founders Pierce O’Reilly and Máiréad Ní Mhaoilchiaráin. They agreed to let Griffin run the network after concluding negotiations carried out in a London pub.

Each Irish county (North and South) will have its own half an hour slot on the channel called County Matters.

In August, the Broadcasting Authority of Ireland, the country’s telecom regulator, began talks with Irish TV’s parent Teilifís Mhaigh Eo Teoranta for a broadcast license. Currently, the venture only operates in Europe because of a license issued by Ofcom, the British telecommunications regulator.

An Irish television license will allow the venture to operate directly within Ireland and facilitate programming agreements with RTÉ that could bring more mainstream Irish television programming to American television.

Winning a carriage agreement with Comcast and Time Warner Cable would bring the network more potential viewers than there are citizens of Ireland itself.

The arrival of Netflix north of the American border has sparked a potential video revolution in Canada that some fear could renew “an erosion” of Canadian culture and self-identity as the streaming video service floods the country with American-made television and movies. But anxiety also prevails on the upper floors of some of Canada’s biggest telecom companies, worried their business models are about to be challenged like never before.

Two weeks ago, the country saw a remarkable Canadian Radio-television and Telecommunications Commission (CRTC) hearing featuring a Netflix executive obviously not used to being grilled by the often-curt regulators. When it was all over, Netflix refused to comply with a CRTC order for information about Netflix’s Canadian customers.

Earlier today, the CRTC’s secretary general, John Traversy, declared that because of the lack of cooperation from Netflix, all of their testimony “will be removed from the public record of this proceeding on October 2, 2014.” That includes their oral arguments.

“As a result, the hearing panel will reach its conclusions based on the remaining evidence on the record. There are a variety of perspectives on the impact of Internet broadcasting in Canada, and the panel will rely on those that are on the public record to make its findings,” Mr. Traversy wrote in a nod to Canada’s own telecom companies.

Not since late 1990’s Heritage Minister Sheila Copps, who defended Canadian content with her support of a law that restricted foreign magazines from infiltrating across the border, had a government official seemed willing to take matters beyond the government’s own policy.

CRTC chairman Jean-Pierre Blais threw down the gauntlet when Netflix hesitated about releasing its Canadian subscriber and Canadian content statistics to the regulator. Mr. Blais wanted to know exactly how many Canadians are Netflix subscribers and how much of what they are watching on the service originates in Canada.

With hearings underway in Ottawa, bigger questions are being raised about the CRTC’s authority in the digital age. Doug Dirks from CBC Radio’s The Homestretch talks with Michael Geist at the University of Ottawa. Sept. 19, 2014 (8:40) You must remain on this page to hear the clip, or you can download the clip and listen later.

Netflix has operated below regulatory radar since it first launched service in Canada four years ago. The CRTC left the American company with an impression it had the right to regulate Netflix, but chose not to at this time. The CRTC of 2010 was knee-deep in media consolidation issues and did not want to spend a lot of time on an American service that most Canadians watched by using proxy servers and virtual private networks to bypass geographic content restrictions. But now that an estimated 30% of English-speaking Canada subscribes to Netflix, it is threatening to turn the country’s cozy and well-consolidated media industry on its head.

Ask most of the corporate players involved and they will declare this is a fight about Canada’s identity. After all, broadcasters have been compelled for years to live under content laws that require a certain percentage of television and radio content to originate inside Canada. Without such regulations, enforced by the CRTC among others, Canada would be overwhelmed by all-things-Americans. Some believe that without protection, Canadian viewers will only watch and listen to American television and music at the cost of Canadian productions and artists.

[flv]http://www.phillipdampier.com/video/BNN Netflix vs the CRTC 9-22-14.flv[/flv]

Kevin O’Leary, Chairman, O’Leary Financial Group is furious with regulators for butting into Netflix’s online video business and threatening its presence in Canada is an effort to protect incumbent business models. From BNN-Canada. (8:45)

A viewer watches Netflix’s Corie Wright testify before the CRTC. (Image: Sean Kilpatrick, The Canadian Press)

But behind the culture war is a question of money – billions of dollars in fact. Giant media companies like Rogers, Shaw, and Bell feel threatened by the presence of Netflix, which can take away viewers and change a media landscape that has not faced the kind of wholesale deregulation that has taken place in the United States since the Reagan Administration.

Before Netflix, the big Canadian networks didn’t object too strongly to the content regulations. After all, CRTC rules helped establish the Canadian Media Fund which partly pays for domestic TV and movie productions. Canada’s telephone and satellite companies also have to contribute, and they collectively added $266 million to the pot in 2013, mostly collected from their customers in the form of higher bills. Netflix doesn’t receive money from the fund and has indicated it doesn’t need or want the government’s help to create Canadian content.

“It is not in the interest of consumers to have new media subsidize old media or to have new entrants subsidize incumbents,” added Netflix’s Corie Wright. “Netflix believes that regulatory intervention online is unnecessary and could have consequences that are inconsistent with the interests of consumers,” Wright said, adding viewers should have the ability “to vote with their dollars and eyeballs to shape the media marketplace.”

That is not exactly what the CRTC wanted to hear, and Wright was off the Christmas card list for good when she directly rebuffed Mr. Blais’ requests for Netflix’s data on its Canadian customers. Wright implied the data would somehow make its way out of the CRTC’s offices and end up in the hands of the Canadian-owned broadcast and cable competitors that know many at the CRTC on a first name basis.

Does Netflix pose a threat to Canadian culture? Matt Galloway spoke with John Doyle, the Globe & Mail’s television critic, on the Sept. 22nd edition of CBC Radio’s Metro Morning show. Sept. 22, 2014 (8:31) You must remain on this page to hear the clip, or you can download the clip and listen later.

Mr. Blais, obviously not used to requests being questioned, repeated demands for Netflix’s subscriber data to be turned over by the following Monday and if Netflix did not comply, he would revoke Netflix’s current exemption from Canadian content rules and bring down the hammer of regulation on the streaming service.

Blais

The deadline came and went and last week Netflix defiantly refused to comply with the CRTC’s order. A Netflix official said that while the company has responded to a number of CRTC requests, it was not “in a position to produce the confidential and competitively sensitive information, but added it was always prepared to work constructively with the commission.”

Now things are very much up in the air. Many Canadians question why the CRTC believes it has the right to regulate Internet content when it operates largely as a broadcast regulator. Public opinion seems to be swayed against the CRTC and towards Netflix. Canadian producers and writers are concerned their jobs are at risk, Canadian media conglomerates fear their comfortable and predictable future is threatened if consumers decide to spend more time with Netflix and less time with them. All of this debate occurring within the context of a discussion about forcing pay television companies to offer slimmed down basic cable packages and implement a-la-carte — pay only for the channels you want — is enough to give media executives heartburn.

To underscore the point much of this debate involves money, American TV network executives also turned up at the CRTC arguing for regulations that would compensate American TV stations for providing “free” programming on Canadian airwaves, cable, and satellite — retransmission consent across the border.

Netflix does not seem too worried it is in trouble in either Ottawa or in the halls of CRTC headquarters at Les Terrasses de la Chaudière in Gatineau, Québec, just across the Ottawa River. Prime Minister Stephen Harper and Heritage Minister Shelly Glover have made it clear they have zero interest in taxing or regulating Netflix. Even if they were, the Canada-U.S. free trade agreement may make regulating Netflix a practical impossibility, especially if the U.S. decides to retaliate.

[flv]http://www.phillipdampier.com/video/Canadian Press CRTC vs Netflix 9-19-14.mp4[/flv]

Dwayne Winseck, Carleton School of Journalism and Communication, defended the role the CRTC is mandated to play by Canada’s telecommunications laws. (1:41)

The average Netflix subscriber now watches 93 minutes of online video a day just from Netflix, and that adds up to 45GB of usage on average a month.

The Diffusion Group released that estimate in a new 35-page report (priced at $2,495) based on streaming data released by Netflix, and it shows a 350 percent increase in viewing over the last ten quarters, adding up to more than seven billion streaming hours in the last quarter alone.

Consumers with usage-limited broadband accounts will find online video viewing increasingly eating away at viewing allowances, but when 4K HD video arrives in the not too distant future, usage caps of 300-500GB a month will seem paltry. That new video format consumes up to 7GB per hour, and if current trends stay true, the average Netflix viewer streaming at the highest video quality could find their monthly Netflix traffic consumption rising to more than 300GB a month.

The staff of the New York Public Service Commission has requested extra time for consideration of Comcast’s application to assume control of Time Warner Cable’s operations in New York State.

“Pursuant to a request from Department of Public Service staff in the above-referenced matter, Comcast Corporation and Time Warner Cable Inc. agree to action by the Public Service Commission on the Joint Petition at the November 13, 2014 Commission Session, with a final order being issued no later than November 19, 2014,” says a filing published late this afternoon by the Commission.

The merger was to be on the agenda for approval or rejection at a meeting in early October. New York public interest groups are continuing to mount opposition campaigns against the merger. Many feel the proposal has not been given enough attention and the public remains largely unaware of their ability to take part in discussions about the proposal.

Update: 9/29/14:

Public Service spokesperson James Denn sent this statement to City Newspaper on Monday:

“The Comcast proceeding, affecting 2.2 million cable customers in New York and representing an approximate New York transaction value of $3 billion, has led to an intense stakeholder focus producing nearly 3,000 public comments, making it one of the most active proceedings in commission history. Given the depth and breadth of the public record and the importance of the issues presented, the commission has accepted the extension of the period for review so that it may consider the matter more fully at its November 13 session.”

Comcast’s XFINITY Home won’t help if the thieves are already inside your house.

Gary O’Reilly and his family moved into their new Libertyville, Ill. home last year and took advantage of a Comcast promotion offering the family a deluxe package of Internet, cable television, and XFINITY Home, Comcast’s home security and automation system. It was a costly mistake that would eventually threaten to leave the family out $1,000, their credit rating destroyed, and hours wasted fighting to get Comcast to live up to its service commitments.

O’Reilly was attracted to Comcast’s security system to protect his family — his wife was pregnant with their second child and they were moving to a new address. In March 2013, two Comcast technicians spent more than eight hours installing four exterior door alarm sensors and two digital thermostats.

Within hours, the family realized something had gone wrong. In the middle of the night, one of the thermostats began beeping relentlessly, indicating a problem.

“It was defective, and because the thermostat was digital, I could not control the temperature in that half of my house,” O’Reilly told the Chicago Tribune’s problem solver. “My pregnant wife and 2-year-old son were freezing in their own home.”

Comcast decided scheduling a service call several days in the future was acceptable under the circumstances, but O’Reilly learned patience isn’t a virtue at Comcast.

Comcast assumes any service call is a potentially billable event, regardless of who is at fault, and O’Reilly discovered they not only charged him for the service call, they also billed him for the replacement thermostat, requiring 8-10 hours of live chats and phone calls to eventually find someone willing to remove the charges from his bill.

The replacement thermostat managed to work for less than a month before it also failed, requiring yet another service call and replacement. Yes, Comcast billed him again for both, requiring another telethon-length session arguing with Comcast’s overseas call centers and live chat employees to remove the charges from his bill yet again.

As you might have guessed, the third replacement began acting up almost immediately, completely draining its AA batteries every 24-36 hours.

That’s your problem, responded Comcast, who would not schedule a return visit to explore the issue further. O’Reilly bought “a ton of batteries over the next few weeks.” The unappreciative third thermostat died anyway.

In mid-June, Comcast returned with thermostat number four, which lasted just a few weeks before it joined the earlier three in thermostat heaven.

Comcast’s idea of compromise is a shotgun wedding: Agree to resume your service and we won’t take you to court.

Shockingly, O’Reilly decided against a fifth replacement and called to cancel his XFINITY Home service. The Comcast representative literally chuckled to O’Reilly after processing his cancellation to “keep an eye out for the termination charges.”

Comcast’s penalty for early cancellation of service: $1,000, conveniently billed on his next invoice.

After literally months of chats and phone calls, Comcast steadfastly refused to waive the charges, reserving the right to charge interest and impose other penalties if O’Reilly didn’t pay.

O’Reilly argues he owed Comcast nothing because the company never lived up to its end of the agreement by supplying reliable service. Nonsense, responds Comcast. After all, they were willing to replace his broken equipment each and every time, all five times.

Comcast wielded everything at its disposal to get paid. The cable company trashed O’Reilly’s over 800 credit score to below 650, preventing him from refinancing his mortgage. The collection calls have also been relentless, and increasingly threatening. On his last call with a Comcast collection agent he was told to pay them in full or they will see him in court.

Even with the venerable Chicago Tribune intervening and willing to serve as a referee, Comcast stubbornly refused to relent, although it offered O’Reilly its definition of a fair compromise.

Comcast spokesman Joe Trost claimed they had reached a settlement with the O’Reilly family.

“Together, [we] talked about the possibility of restarting services with Comcast with the agreement to waive the installation fees and (early termination fees) from the previous account, as well as clearing him from collections and the credit bureaus,” Trost said in an email. “We’re providing Mr. O’Reilly with different package options and composing a letter to overnight to Mr. O’Reilly with the information we discussed over the phone.”

Trost said O’Reilly and Comcast will “move forward together.”

In reality it was a 21st century digital version of a shotgun wedding.

Comcast first offered to remove him from collections, erase the $1,000 early termination fee and clear up his credit history, but only if he agreed to re-establish all of his previous services, including XFNITY Home.

O’Reilly held fast, saying he had no desire to have XFINITY Home back.

With a follow-up story looming in the newspaper, Comcast finally agreed to waive the fees and clean up his credit if he reconnected his Internet service with a higher-speed, more costly Internet tier. O’Reilly said yes.

Another satisfied Comcast customer. It only took 13 months, days of calling and chatting, and a last desperate plea to the Tribune to clear things up.