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Spec-U-Plex: Pondering Cablevision’s Sale to Time Warner Cable

Phillip Dampier May 7, 2009 Cablevision (see Altice USA) 1 Comment

It’s back again.  For at least the last decade, the trade press has speculated about whether Cablevision would survive as an independent cable operator in an increasingly concentrated industry, where the big players get bigger, and the smaller operators exit the cable business.

Charles Dolan, Cablevision CEO

Charles Dolan, Cablevision CEO

The Dolan family, which has owned Cablevision since its founding on Long Island, is routinely said to be cash crunched, looking for a healthy cash bonanza on the way out the door, or dealing with internal family dramas which pit those advocating a sell off against those who wish to keep the business running.  When Cablevision launched its Voom HD satellite service, which turned out to be a disaster and money pit, the intensity of speculation achieved a fever pitch, and that was several years ago.  The Dolan family still runs Cablevision.

The New York Times sports page, of all places, is the latest home of pondering a sell off of Cablevision’s remaining cable systems to Time Warner Cable to raise cash for the Dolan family’s sports ventures, including ownership of the Rangers, Knicks, and Madison Square Garden.  It was all borne from a single line in the latest earnings report from Cablevision, which indicated the company intended to “explore the spinoff of its Madison Square Garden business.”

Cablevision's Service Area in Northeastern US

Cablevision's Service Area in Northeastern US

Cablevision’s bread-and-butter business is supplying cable television, broadband lines and Internet phone service to 3.1 million subscribers in the New York metropolitan area. The company, based in Bethpage, N.Y., has faced stiff competition from Verizon, which has spent heavily to build a fiber-optic network that competes with it and Time Warner Cable.

Industry analysts have speculated that Cablevision may eventually sell the entire company to Time Warner Cable, or sell its sports entertainment group to raise cash to compete in the cable business.

“Cablevision watchers [and we’d put ourselves in that category] have long pondered possible endgames, and the notion that the Dolans would retain ownership of MSG and the New York sports teams long after the rest of the assets had been divested has always been viewed as among the most likely outcomes,” Craig Moffett, a senior analyst at Bernstein Research wrote in a report after Cablevision’s earnings release Thursday morning.

People have grown old pondering questions like this.  Cablevision is positioned to compete just fine with Verizon FiOS after completing an aggressive rollout of DOCSIS 3.  Cablevision does not compete with Time Warner Cable at all.  Industry boosters have traditionally cheered on consolidation efforts, so it’s no surprise even the smallest tidbit will restart the Spec-U-Plex all over again.  Should Cablevision decide to sell, Time Warner Cable would almost certainly be the buyer, because their largest cluster of systems are adjacent to existing Time Warner franchise areas.  But I wouldn’t be in a hurry to shove the Dolan family out the door.

Frontier: Here Today, Gone Tomorrow

Phillip Dampier May 5, 2009 Frontier 17 Comments

The month long experiment with Frontier DSL ended today when I canceled the service.  Frontier Communications of Rochester is the only broadband competitor for Time Warner in the Flower City, advertising speeds up to 10Mbps.  The key words there are “up to” and the fine print where they disclose they do not guarantee speed is something very important to consider, because they mean it.

FrontierI have to say that Frontier’s second tier of customer support personnel are friendly, helpful, and accommodating, which is a net plus for them.  The front line customer service representatives in DeLand, Florida are another matter.  They do not know their own products, messed up my account twice, and one managed to refer to their wireless network in this city as “wee-fee” for several weeks before I corrected her.  She was surprised when I explained it was pronounced “why-fi.”

… Continue Reading

No More Online Video for You, Unless You’re a Cable Subscriber…

Phillip Dampier May 1, 2009 Comcast/Xfinity 15 Comments

We knew it was always come down to the question of what to do about online video.  Although the overwhelming majority of broadband customers still take some sort of video package (or simply don’t care enough about television to get one in the first place), there is a small, but growing number of people who are dispensing with video packages from cable and relying entirely on broadband video services to watch network and cable programming.

Hulu and Joost, along with limited fare from the major American networks, as well as video offerings from the CBC and BBC exclusive to residents of those countries, create the potential for a major problem for cable operators — what happens if people stop buying video packages.

Comedy Central's Video Streaming - Will it be available to non-cable subscribers for long?

Comedy Central's Video Streaming - Will it be available to non-cable subscribers for long?

Comcast and Time Warner, the nation’s largest cable operators, have plans to put a stop to the erosion in video subscribers before it gets serious — by seeing to it that they don’t get to watch free online video any longer.

Comcast’s On Demand Online and Time Warner’s TV Everywhere services are either in operation or will begin trials later this year.  Both seek arrangements with cable programmers (coincidentally many of which they also have an ownership interest in) to create a new authentication system to block non-video subscribers from accessing video content aired on those channels.  Cable subscribers who do take a video package will get in for free.

The video programming would still exist on various cable network websites.  Comedy Central would still have clips on comedycentral.com and CNN would still have their news clips at cnn.com.  But under the cable operators’ proposals, those clips would no longer be available to individuals who cannot prove they have a video subscription.

Currently, some 90% of Time Warner’s broadband customers also take a video package, and Time Warner can easily authenticate those subscribers with a type of “authorization key” which an online video player would seek for permission to play the programming.  Time Warner is also contemplating whether live streams of cable channels would also be a good idea.  Currently, cable operators routinely insist on prohibiting live streaming of the cable networks they carry.

Of course, the problem will come down to those who subscribe via satellite dish services or a smaller cable operator or telephone company video package.  Does this enforcement only occur on Time Warner and Comcast’s own broadband networks, or would it be widespread?

Multichannel News covered the Time Warner TV Everywhere trial:

Time Warner Cable is working with two major programming partners on its “TV Everywhere” initiative to make sure the Internet-video service is easy to use and scalable, said Peter Stern, the operator’s executive vice president and chief strategy officer.

Stern, speaking on a panel here at the Cable Show ’09, said the MSO is already working closely with two programmers — Turner Broadcasting System and another he did not identify — that will involve authenticating consumers “in a very straightforward way so they can get access to content.”

“To be honest, we’re still working it out in terms of the user experience,” Stern said.

The concept, which is being Comcast and Cox Communications, is to reinforce the cable TV subscription model, by providing that programming to paying customers over their Internet devices.

Stern pointed out that 90% of Time Warner Cable’s broadband customers are already paying for multichannel video.

“Those people are already entitled to watch this programming,” he said. “The big risk we have is, if we don’t offer this programming to them the way they want it, they’ll turn to piracy.”

Alternatively, if that programming is provided to them for free over the Internet, the risk is they’ll cancel their subscription service – with such “cord cutters” obtaining their media online.

Some basic principles Time Warner Cable is following in developing TV Everywhere are that consumers should “have choice in terms of the sites they can have access on,” he said. “That will be dictated by programmers, not the cable operators.”

Stern continued, “Not to say we’ll not have content on the [Time Warner Cable] RoadRunner site, but we’d be kidding ourselves if we thought we were the only site consumers should be able to access.”

Cable operators have always been concerned about “leakage” of valued cable programming to online streaming or piracy.  Cable programming currently charge subscription fees to cable operators for carriage on those systems.  Some, like C-SPAN or Current, amount to pennies per month per subscriber.  But others, particularly for sports programming, Fox News, basic movie channels, and other high-rated channels command enormous fees amounting to several dollars a subscriber per month each, whether the subscriber wants to watch the programming or not.  These costs are continually increasing.  Fox News, for example, leveraged very strong price increases for its news channel, as well as forcing a number of cable systems to pick up the low rated Fox Business Channel to receive discounts.  Viacom also routinely demands cable operators take additional networks they may not want to carry in return for discounts on the networks those operators do want.

It all gets passed on to cable subscribers in the form of rate increases every year.  With the increasing number of channels on a cable lineup, when a bunch demand rate increases, rates can spike significantly from year to year.  Nearly all have carriage contracts that forbid the cable operator from selling their network(s) on an a-la-carte basis.

With cable video pricing increasing, many subscribers downgrade their subscriptions to save money.  If a cable programming is giving away their content online, that creates a greater incentive for viewers to stop paying for video packages, and rely on their Internet connections instead.

Earlier this week, Time Warner CEO Glenn Britt reiterated that although the erosion of video subscribers isn’t a problem today, it could easily become one tomorrow.  He cautioned programmers who give their shows away for free online that a day of reckoning may be coming, when a cable operator is no longer willing to pay for networks that give everything away online.

Rupert Murdoch, chairman of News Corporation, which owns Fox News, supports the concept, according to Multichannel News:

News Corp. chairman Rupert Murdoch said that cable networks have to find a way to monetize the Web, before consumers begin to expect to get their content for free.

“The fact is with free content, people are used to it being free on the Internet,” Murdoch said. “Nobody is making any real money from the Web except search. We have to monetize it.”

The other controversy involves cable operators trying to limit video viewing by imposing usage caps or tiered pricing on consumers, limiting the amount of video they can consume online.  At the lower end of the caps proposed by Time Warner, viewing Hulu or Joost programming would be akin to “pay per view,” with fees of 50 cents or more per show in broadband costs, once one’s usage allowance expires.

Frontier Positioning Itself for a Buyout?

Phillip Dampier April 28, 2009 Frontier, Windstream 12 Comments

FrontierFrontier Communications, the telephone and broadband provider in Rochester, New York, is now positioned for consolidation, according to StreetInsider.com, a financial news and investor information site.

Frontier has completed several mergers and acquisitions in the past year, as part of the ongoing consolidation in the telecommunications provider sector.  Frontier’s value as a takeover target has been increasing, as the company reduces its debt and has received stable ratings from independent rating companies.  A Piper Jaffrey analyst said the company remained open to both buying and selling assets.

windstream-logoThe background buzz continues to focus on some sort of deal between Windstream Corporation and Frontier.  Analysts spoke last year of Frontier being the likely target of Windstream for a buyout, but the economy then took a nosedive.

Windstream is another independent telephone company comprised of the old Alltel telephone company and ValorTelecom.

That the financial press has taken a renewed interest in both stocks may signal a play in the coming weeks or months.

The Tiresome Return of the “Gas & Electric” Analogy

It’s baaack.  Gary Kim, self-described member of MENSA, elected to link to our recent article about a customer in Austin having his Road Runner service cut so that he could drag out that we have heard before.  Mr. Kim, who has penned his views for a boatload of industry trade publications, as well as running a few of his own, has trotted out that old chestnut about not paying flat rate for gas, electric, and water.  Except he takes the analogy to the extreme “conservation” argument, as if the world of online video is leading us to a broadband global warming catastrophe.

Are you as smart as the industry guy?

Are you as smart as the industry guy?

Now I’m not a member of MENSA.  My experience with IQ tests was limited to those wooden pyramid puzzle things they used to put on your table at the Cracker Barrel.  But I’ll give this a shot anyway.

Lots of people get upset about bandwidth caps that strike me as extraordinarily generous. Does anybody think the planet or the economy would be better off, companies better able to improve service or people given incentives to “do the right thing” if electricity, gasoline, water, natural gas or heating oil were sold on an “all you can eat” basis.

Which bandwidth caps are extraordinarily generous?  The 5GB cap on your wireless phone plan (or the one Frontier considered but discarded in light of the competitive advantage it now seeks in one Time Warner test market), the 40GB power user tier Time Warner started out with, the 150GB limit AT&T is playing with, or the 250GB cap Comcast has today?  The caps are all over the lot, with each company swearing on a stack of press releases their cap is the one most justified and required if a company can survive the Irwin Allen-like Exaflood future.

Second question: What exactly is “the right thing?”  Bowing to the cable television industry’s business plan opposing a-la-carte video packages in order to enjoy the revenue that comes from all you can watch television?  Is it the wrong thing for people to make their own decisions about what they do with their Internet connection?  We’ve been down the road of why the Internet is not the same thing as oil, gas, or even water for that matter.  StoptheCap! reader Brion perhaps had the best debunking of this analogy:

I suggest a simple analog to demonstrate how bandwidth usage tiers is not in any way like your utilities.

Instead of thinking of bandwidth as being like water or gas, think of water or gas companies implementing what Time Warner proposes: cap your usage and give you a meter to monitor it. But that is only half the analogy.

First off, in the best case scenario you already provide your gas, electric, or water meter readings to your utility and they bill you based on consumption. But if you don’t then they either read the meter (attached to your house) directly or make an estimate based on past usage.

Secondly, utilities meter consumable resources: gas, water, electricity — all of which cost time, money and energy to generate. Bandwidth does not get “generated” or “produced” it simply exists at a specific level based on the network hardware Time Warner owns or leases. Bandwidth cannot be consumed in the sense gas can be consumed because when a user stops using bandwidth the amount they were using is once again available for someone else to use. So the real problem (if there is one) is one of simultaneous bandwidth usage.

One could liken this to a water main that’s 12″ in diameter and serving 20 houses on one street. The civil engineers that designed the water main system designed it to service 20 houses on that street. Now imagine the city building 20 or 30 extra houses on the same street without replacing the water main and then telling everyone they now have a “water cap” and if they go over that cap they must pay extra for their “heavy usage”.

Anyone in their right mind can see that the main is simply too small for the demand of 40 – 50 houses because it was built for 20 and it should be upgraded instead of trying to get everyone to reduce their usage or suffer poorer water pressure performance and extra charges.

Time Warner has oversold its bandwidth (the size of the pipe, not the amount of data) and it needs to upgrade its Internet connection, not downgrade the customer experience (while simultaneously charging them for the downgrade).

They’re trying to tell us that this potato is called an apple and for the vast majority of fruit-lovers they won’t notice a difference. Bandwidth is not the amount of data you send or receive, it’s the amount of data you can *possibly* send or receive *at one time*. They are completely different things!

Mr. Kim then suggests he doesn’t necessarily like his electricity or water rates, but he conserves because there is a penalty for unrestrained use.  Actually, there isn’t really a penalty at all.  Gas, electric, and water service are sold on a true metered basis.  There are no “bucket plans” for these services.  They are also utilities, and their rates are either regulated outright, or carefully monitored in the limited competition models some states have for these services.

Your water company bears the minimal cost of pumping a gallon of water from a body of water or aquifer.  It then resells that water at a per gallon rate marked up to cover all of the overhead and expenses it has, sets a little more aside just in case of a non-rainy day, and delivers it to you at a rational, non-gouging price.  If you don’t want to pay, you leave the faucet off.  On the Internet, the faucet drips… all the time.  The only way you are assured of not paying is to unplug your modem, never check your e-mail, and avoid websites with ads, because those are now now on your dime, especially when Time Warner marks up its wholesale cost by 1000% or more for that data.  It’s like getting a glass of water but handing half of it to the stranger walking by your house, who also wants you to pay him a dollar on top of that.

Time Warner is also, like many cable providers, hip deep in a conflict of interest on broadband consumption.  Cable has a vested interest in forcing you to “conserve” your connection, particularly by not using those services which directly compete with its business models.  Streaming video online offers the customer the possibility of foregoing a cable TV package altogether.  A Voice Over IP telephone provider on the Internet makes Time Warner’s Digital Phone product redundant.  A Netflix set-top box that streams movies and other video programming in competition with premium/pay per view channels represent just one more service that panics many in the upper floors at Time Warner Cable’s headquarters.

Consider the difference between wireless “unlimited” plans and other plans that simply offer more minutes or capacity than you actually use in a month. Is there really any practical difference–for most people–between “truly unlimited” and “more than I can use” plans?

unlimited-callingThank you for at least bringing up the telecommunications industry in this equation.  After all, telephone and wireless telecommunications services are a far better analogy than big oil and gas.  You yourself saw the writing on the wall for the long distance market in some of your essays several years back.  This was a business whose costs to deliver the service were plummeting, especially with the advent of Voice Over IP, and as those costs declined, so would prices, threatening the very business model for long distance in the United States.

Ironically, it was the very same cable companies that are whining about Exafloods and a crisis of costs who have contributed to the demise of “long distance.”  Time Warner, among others, are now pitching cheap unlimited calling plans to customers who will never pay for another long distance call.  In the wireless industry, price skirmishes have already broken out with carriers marketing true unlimited calling plans or calling circles which, for most people, mean no more airtime minute watching.

When I renew my Verizon Wireless contract this December, I will be handed a new phone and the option of a better plan with more minutes at or below the price I am paying now.  By that time, there is every likelihood Time Warner will be asking me to pay three times more ($150 a month) for precisely the same level of service I am receiving now for around $50 a month.  One of these companies is responding to the reality that bandwidth costs are declining, and are reducing rates and offering more.  The other is taking advantage of a very limited competitive market and wants to triple charges claiming they are on the edge of broadband bankruptcy — only they’re not when you read their financial reports.  Guess which is which.

I am also glad you are asking real people these questions, because companies like Time Warner certainly aren’t.  Any reader here can recite poll after poll.  The overwhelming majority of broadband customers, even those who are not defined “at the moment” as “abusers” of the network are content and satisfied paying one monthly fee for their service.  They don’t want your plan, the industry’s plan, buckets, limits, caps, overlimits, or whatever else the marketing people decide to call the equivalent of Internet rationing at top dollar pricing.

We are consumers.  We are customers.  We are not industry insiders and we don’t write for industry trade publications.  We don’t get a paycheck from this industry.  Indeed, this industry raises our bill year after year, delivers inconsistent messages about why we are now being asked to pay for “buckets of broadband,” yet still denies us the ability to choose the channels we want for our own video package, paying just for what we want.

We also are empowered and educated enough to use this incredible tool called the Internet to research the assertions some make and simply expect others to accept at face value.  We now read financial reports and statements.  We verify.  We also discover the language of the lobbyist, the marketers, the astroturfers, and the executive elements that are now attempting to sell consumers on their scheme to pay considerably more for the exact same thing, or less.  Then we compare that with the glowing results given to shareholders, and we see the chasm between the two messages.  We realize what we are being sold:  a soon-to-be-even-more-inflated bill of goods.

Frankly, you don’t have to be a genius to recognize that looking at a gas gauge, worrying about overlimit fees, and being stuck paying $100 more a month for broadband is not going to make anyone outside of this industry happy.

Caps are just buckets. As long as the buckets are capacious enough, the plans clear enough, the usage information available and the prices reasonable, buckets work. Bandwidth caps are just buckets.

The first time a consumer gets a bill from a company with a plan like Time Warner’s, they are going to kick the bucket.

Anyone who doesn’t recognize and admit the real potential of market abusive pricing and policies in a limited competitive marketplace isn’t being completely honest, especially when the players do not offer roughly equivalent levels of service.  If the future of broadband in this country is to be unregulated virtual duopolies, then perhaps consumers need to insist on common carrier status for those networks, allowing equal access to a variety of competing providers, with oversight to guarantee fair wholesale pricing and access.

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