A Cablevision ad against Fox

Cablevision and Fox finally settled their two week programming dispute Saturday when two local Fox-owned broadcasters and an assortment of cable channels returned to suburban New York area-television screens.  Cablevision ultimately capitulated to Fox’s increased programming fees and grumbled it was stuck paying an “unfair price” for the programming.

“In the absence of any meaningful action from the FCC, Cablevision has agreed to pay Fox an unfair price for multiple channels of its programming including many in which our customers have little or no interest,” Cablevision said, adding that it “conceded because it does not think its customers should any longer be denied the Fox programs they wish to see.”

But in reality, Cablevision subscribers who suffered through the two week outage will ultimately pay the price for Fox-owned programming in the next round of cable company rate increases.

While Cablevision subscribers can now watch the remaining games of the World Series from home, the cable-broadband industry post-game wrap-up show is now underway, surveying the winners and losers.

Let’s take a look:

WINNER: Fox Networks

Fox got everything it wanted, and then some, from Cablevision.  Consumers never take the side of the cable companies that have overcharged them for years. All most know is that when their favorite channels are not on the cable system that charges them more than $50 a month for service, it’s the cable company’s fault. While the terms of the final deal were not disclosed, it’s a safe bet Cablevision is paying rates even higher than those charged to New York’s other cable company Time Warner Cable.  The cave-in by Cablevision means Time Warner and other cable systems will likely also see higher rates for Fox programming now set as a precedent by Cablevision.  So will telco and satellite TV providers.  That’s money Fox will take to the bank.

LOSER: Cablevision

Not only did they alienate their customers, at one point telling them to watch Fox programming on third party websites, they are now facing a $450 million class action lawsuit from subscribers (filed by an attorney with prior connections to Fox parent company News Corporation.)  It is difficult to feel sympathy for a cable company deprived of Fox programming that still charged subscribers full price for channels they could not watch.  One industry executive praised Cablevision for “taking one for the team,” a phrase consumers have heard before to defend corporate pickpocketing.

Cablevision was actively promoting ivi last week through their customer service representatives

WINNER: ivi Networks

Stop the Cap! reported on upstart ivi several weeks back.  The service carries all of metropolitan New York’s broadcast stations and Cablevision ended up recommending its blacked-out subscribers buy an ivi subscription to watch Fox-owned broadcast channels no longer on the cable lineup.  The new online cable system, which started in September, added New York subscribers in droves, annoying Fox to the point of sending a cease-and-desist letter to Cablevision CEO James Dolan to get cable company representatives to stop recommending the service, which Fox claims is “illegal, and perhaps criminal.”

WINNER: Verizon & Satellite Dish Companies

Many subscribers fleeing Cablevision for competitors have probably left for good, especially if they scored substantial discounts and promotions during their first year or two of service.  Verizon FiOS always faced resistance from customers not wanting to devote the time needed to install the service, and when customers have been with a cable company for 20 or more years, change does not come easy.  But die-hard sports fans already inconvenienced by earlier channel interruptions pulled the trigger just to get away from the endless programming disputes.

Verizon scored new customers over the dispute.

LOSER: Comcast-NBC Merger

Lawmakers set to either applaud or introduce roadblocks to the proposed merger between Comcast and NBC saw first hand what can happen when big media companies duel it out over money — millions of customers can be left in the middle with nothing to show for it.  Bloomberg reports the dispute could force significant concessions to prevent or limit such disputes in the future.  U.S. Representative Maxine Waters, a California Democrat, said the Fox-Cablevision spat made her “increasingly concerned with the potential harm” if a dispute arose between an enlarged Comcast and competing video provider. In a letter to FCC Chairman Julius Genachowski last week, she called for “substantive and enforceable conditions” to preserve competition.

WINNER: NFL Networks – Where is Our Binding Arbitration?

Cablevision’s demands for binding arbitration to settle their disputes with Fox rang hollow, if not hypocritical, for NFL Network officials, who have been calling on Cablevision for the same binding arbitration the cable operator demanded of Fox.  The NY Post quoted an unnamed executive at the cable network: “Cablevision has been urging Fox to agree to binding arbitration — the same strategy we’ve been offering Cablevision — but we continue to get sacked.”

LOSER: The Federal Communications Commission

Despite demands from most consumer groups and Cablevision to intervene in the programming disputes, the FCC delivered a rebuke telling all sides to stop with the stunts and start with serious negotiations.  Beyond that, the agency did what it has done best under the Obama Administration: sit on its hands.

THE BIGGEST LOSER: You

With the grandstanding by both sides finally over Saturday — the shouting and expensive publicity campaigns wrapped up and put away for next time (KeepFoxOn.com now renders a blank page) — the person left standing with the bill in hand was you.  Fox wrapped the costs of its expensive publicity campaign into the rate increase Cablevision finally conceded to paying.  The bags of money to be handed from the Dolan family that owns Cablevision over to Rupert Murdoch will be filled from your pockets.  And there is no end in sight to future disputes raising programming costs even higher than ever.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Cablevision Fox Dispute 11-1-10.flv[/flv]

Bloomberg News delivers three reports detailing the impact of increased programming costs on cable bills, inaction by the FCC, and whether Americans are fleeing cable TV for online video instead.  (10 minutes)

Advertising money cannot buy: a technical problem helped Maine viewers get acquainted... real acquainted with independent candidate Shawn Moody.

Viewers of Bangor’s CBS affiliate watching on Time Warner Cable were treated last week to a one and half hour endorsement of independent candidate Shawn Moody thanks to a technical snafu.

A Time Warner Cable spokesman said an equipment failure caused WABI-TV’s signal to lock up at around 5:40am last Tuesday.  At the time, an ad for Moody was on the air and a frozen picture was delivered to viewers until the problem was fixed at around 7:30am.

“The hour and a half ad for Moody was the biggest exposure this candidate has received all year, all because of a cable company equipment failure,” writes our reader Stefan from Bangor.  “Although the picture was frozen, the sound worked normally so the whole thing was surreal.”

The cable company apologized for the failure and noted there was no implied endorsement of the candidate.

“The signal freeze had nothing to do with the content,” said company spokesman Andrew Russell. “It just happened to be what was on the screen when it happened.”

[flv]http://www.phillipdampier.com/video/WABI Bangor Time Warner Fixes Glitch 10-28-10.flv[/flv]

WABI-TV explains to its viewers what happened when a political ad got stuck on their TV screens for an hour and a half last week.  (1 minute)

Recently, the FCC issued a report claiming Americans are often only getting half the broadband speeds they are promised by providers.  KTVX-TV, the ABC station in Salt Lake City, recently investigated whether that held true for local residents.

The results?  Most Salt Lake City Internet users don’t always get a good deal from providers that often deliver inconsistent speeds, even on premium priced plans that can cost up to $130.

Ookla, which has been compiling speed test data as well, reports the United States was in 11th place globally when it comes to being honest about what broadband speeds providers actually deliver.  Don’t get too excited — we score 30th on the download speed index.  More than two dozen nations deliver faster service.

Which nation scores at the very top of the honesty chart?  The Republic of Moldova, a largely-Romanian speaking former Soviet Republic.  In fact, ISPs in Chişinău, the capital city, are too modest, claiming speeds lower than they actually provide customers.  The rest of the top-10 honesty ranking contains a number of countries in eastern Europe — countries that blow the United States out of the water when it comes to telling the truth about broadband speed:

1. Republic of Moldova, 109.21%
2. Russia, 98.65%
3. Slovakia, 98.64%
4. Lithuania, 97.97%
5. Ukraine, 97.58%
6. Hungary, 96.80%
7. Switzerland, 96.72%
8. Bulgaria, 95.96%
9. Latvia, 94.83%
10. Norway, 93.97%

Five states manage to score high marks on the honesty chart, most of which are served by Verizon.  We suspect FiOS may be a major factor in why these states lead the others:

1. Delaware, 100.85%
2. Massachusetts, 100.07%
3. Maryland, 99.56%
4. Rhode Island, 98.83 %
5. Virginia, 98.36 %

KTVX found that the area’s incumbent cable company Comcast did manage to deliver promised broadband speeds, often when most customers are not using the service.  Speeds were far lower in the evening — prime-time usage hours — sometimes as low as 3Mbps.

“Qwest’s DSL is best forgotten,” says Stop the Cap! reader Sangi, who writes from the city of Roy.  “It’s so bad a lot of us think of it as dial-up on caffeine.”

Sangi used to receive DSL service from the phone company, which is planning to merge with CenturyLink.

“When we moved closer to town, cable was an option and that made Qwest something we could live without,” Sangi says.  “They never came close to the speeds they marketed and when we complained, they claimed we wouldn’t notice the difference when browsing web pages and checking e-mail.”

“Apparently Qwest considers the Internet good for little else, at least how they deliver it,” he added.

[flv]http://www.phillipdampier.com/video/KTVX Salt Lake City You Are Getting Half Your Promised Broadband Speed 10-22-10.flv[/flv]

KTVX-TV in Salt Lake City investigates broadband speed claims and finds residents don’t always get what they pay for.  (3 minutes)

Seymour and Sidell Reiner (Sun-Sentinel)

A Boynton Beach family’s tragic story may give Comcast phone customers second thoughts about whether the cable company’s “digital phone” service is a help or hindrance in an emergency.

Seymour Reiner arrived home last Thanksgiving to find his wife of 62 years dead on the floor from a cut ankle.  But his shock turned to anger when he learned his beloved wife Sidell’s death likely came after Comcast, the company that delivers his phone service, could not quickly manage to provide emergency officials with their home address.

Comcast customers in south Florida who dial “0” from their Comcast phone lines hear a message indicating they should press “0” if the call is a 911 emergency, which Sidell apparently did at least 10 times.

“Help me! Help me, please! Help me! Help me!” Sidell pleaded in disturbing recordings (warning: graphic content) obtained by the Sun Sentinel newspaper.

Sixteen minutes later, when paramedics finally arrived, it was too late.  An hour after that, Seymour arrived home to find the phone laying next to Sidell’s body.

The 81-year old Florida grandmother cut her ankle after dropping some crystal glassware, hitting an artery that caused major bleeding.  She reached for her phone and dialed “0” hoping to reach an operator, but was instead connected with Comcast’s call center.  The cable company eventually transferred the call to Palm Beach County’s 911 emergency services center, but by that time, her anguished pleas for help were barely audible.

The county’s 911 dispatcher asked Comcast’s operator for Reiner’s address, which she could not provide.  Minutes passed as Comcast tried to figure out the address where the call originated from, and an ambulance was eventually dispatched.  Emergency responders arriving at the Sidell’s home left after nobody answered their knocks on the home’s locked front door.  Sidell was unconscious by that time.

Now the Reiner family has filed a lawsuit against Comcast demanding unspecified damages for the cable company’s performance during the tragic events, and also has served notice they may sue the county and fire rescue service for their alleged negligence.

Reiner appeared visibly upset at a press conference held earlier today announcing the lawsuit.  He told several reporters he doesn’t want anyone else to suffer the tragedy he faced when his phone provider couldn’t quickly handle a call for help that ultimately resulted in his wife’s death.

Gary Cohen, the family’s attorney, was livid about Comcast.

“They have her address when it comes to a bill, but when it comes to saving her life, they can’t find her address?” Cohen asked.

The lawsuit led the news across several cities in south Florida, and viewers heard the story first-hand:

“Her phone number, when we put in her phone number, it is showing that there is no information available on that number,” the Comcast operator says.

“Oh, goodness,” the Boynton Beach operator responds.

Cohen accused Comcast of being indifferent about the urgency of Reiner’s desperate pleas for help and said the cable company dropped the ball.

“This was a life-deciding call and there doesn’t seem to be a lot of communication that this is a desperate situation,” Cohen said. “”Nobody took responsibility in saving her — no one went that extra mile and did what they needed to do.”

Cable company and other “Voice Over IP” phone services have been criticized in the past for not passing through important caller-ID information to emergency responders that includes up to date addresses of where the calls originate.  Some traditional phone companies have used past failures by alternative providers to warn consumers not to disconnect landline service because of possible delays in emergency response.  The Reiner family may prove to be a case in point.

Comcast spokeswoman Marta Casas-Celaya said her company does not comment about pending court cases and declined to answer general questions about services provided when a caller dials “0.”  Another statement indicated the company felt “deeply saddened for the Reiner family’s loss.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Boynton Beach Tragedy 10-27-10.flv[/flv]

Several Florida TV stations gave this story the lead on their evening newscasts. [WPBF-TV & WPTV-TV West Palm Beach, WFOR-TV Miami, WPEC-TV West Palm Beach]  (9 minutes)

Reed Hastings, CEO of Netflix, shows off the company's growing reliance on broadband streaming, moving away from its original DVD-by-mail rental business.

Last week, Netflix CEO Reed Hastings was showered with questions from Wall Street during the company’s third quarter-results conference call.  At the top of the agenda — the company’s shifting business model away from DVD rentals-by-mail gradually towards instant on-demand streaming over broadband networks.

At issue is how Netflix can survive a broadband industry that controls the pipeline Netflix increasingly depends on for its continued existence.

Hastings tried to assuage his cable competitors by telling investors the company is hardly a threat to cable-owned movie channels and basic cable.  But he admits ultimately the company will be in a real mess if Internet Overcharging schemes like usage caps and speed throttles limit the amount of content customers can affordably access:

“We have some vulnerability depending on capped usage and what happens. Comcast has a cap, but it’s 250 gigabytes and so most users feel that they have an unlimited experience, and it gives us plenty of room to deliver a high-def stream. On the other hand, AT&T Mobile data on an iPad is now capped at two gigabytes, [and that’s] not enough room to deliver hours and hours of high-def.  We are definitely sensitive [to the issue] in the long term [whether] the industry ends up at 250 gigabytes or two at the other extreme.”

There is some limited evidence Netflix’s success in Canada is already being tempered by usage limits near-universally imposed in the country.  Rogers, a major cable company in eastern Canada, even reduced usage caps for certain tiers of service around the same time Netflix announced its imminent arrival north of the border.

Barry McCarthy, Chief Financial Officer notes fewer Canadians are converting their free trials of Netflix’s streaming service into paid subscriptions.

“We anticipate we are seeing slightly lower conversion rates in Canada than we see in the U.S.,” McCarthy told investors.

As Netflix moves towards higher quality video streams, the amount of data consumed increases as well.  In Canada, that eats into broadband usage allowances, and fast. As soon as customers start receiving warnings they are nearing their monthly usage limit, or receive a broadband bill with overlimit fees, Netflix is likely to lose that customer.

Cable and phone companies in Canada are already warning customers that online video is a major culprit of exhausted usage allowances.  Both are also happy to remind their customers they are happy to sell them access to unlimited video — through cable or telco TV subscriptions.  Rogers owns a major chain of video rental stores as well.

What can Netflix do about usage capped broadband?  Not much, admits Hastings.

“There is a not a lot of improvement in compression techniques. But what we can do is just deliver a lower bit stream, a lower quality video experience. So, for example, not too high-def. So, that’s one possible way to partially mitigate that impact,” Hastings said.

Netflix will soon face increasing competition, especially from the cable industry’s TV Everywhere projects, and they won’t deliver a lower quality video experience.

Time Warner Cable and Comcast this month both formally introduced their respective video on demand services.

Comcast’s Xfinity online service arrives after months of beta testing.   Comcast customers can watch video selections from nearly 90 movie and television partners, including programming from HBO, Viacom, and Paramount.  Ultimately, the online video service is expected to deliver access to dozens of cable channels and individual programs from studios and networks at no charge to those who subscribe to a cable television package.

Time Warner Cable took a more modest approach last week by introducing ESPN Networks to its cable subscribers who register with the cable company’s MyServices website.  The new customer portal allows subscribers to review and pay their cable bill, add new services (but not cancel existing ones), remotely program DVR boxes, and also verifies subscriber status for future cable subscriber-only online video programming.

Netflix may soon find itself at the mercy of the cable and telephone companies which deliver broadband access to the majority of Americans.  Not only is it difficult to convince customers to pay a monthly fee for programming the cable industry may eventually give away for free, it may be downright impossible for Netflix to survive if those providers decide to squeeze the customer’s pipeline to unlimited Netflix content.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Comcast Xfinity Ad Spot 10-2010.flv[/flv]

Comcast Ad Introducing Xfinity Online.  (1 minute)