Color of Change needs everyone to take a moment and let members of the Congressional Black Caucus know we need them to stand up for Net Neutrality and broadband reform to help Black communities harness the political, economic, educational, and cultural power of the Internet.

While several members are already on board, there are many who either haven’t gotten the message or are on the wrong side of consumers.  Color of Change writes:

Most on the wrong side have simply been taken in by the lies of telecommunications industry lobbyists. But others have taken large financial contributions from telecoms and appear to be willingly carrying water for their biggest donors.

It’s unacceptable, whatever the reason. The CBC needs to understand that Internet freedom is in the vital interest of Black communities. Please join us in calling on the Congressional Black Caucus to support a free and open Internet, and then ask your friends and family to do the same.

Meeks

First, please thank these members who are strong advocates of Net Neutrality and broadband reform that favors consumers:

• Rep. Barbara Lee (D-California)
  
• Rep. Maxine Waters (D-California)
  
• Rep. John Conyers (D-Michigan)
• Rep. Donna Edwards (D-Maryland)
• Rep. Keith Ellison (DFL-Minnesota)
• Rep. Donald Payne (D-New Jersey)

Second, take note of these two Big Telecom bad actors effectively on AT&T and Verizon’s payroll:

• Rep. Greg Meeks (D-New York) – For years, AT&T and Verizon have been among Meeks’ biggest donors. In October 2009, he collected 70 signatures from his colleagues on an industry-backed letter — written after consulting AT&T — designed to weaken support for Internet freedom.  Meeks may claim that his major motivation is protecting jobs. But there’s no credible evidence that protecting Internet freedom will lead to job losses or decreased investment — in fact, evidence suggests the contrary. But in the face of massive support from telecoms, it appears that Meeks has only truly considered one side of the argument — the one that earns him fat checks.
• 

  Rush

  Rep. Bobby Rush (D-Illinois) – AT&T has long been one of Rush’s largest donors. Then, from 2001 – 2004, they donated $1 million to a community center Rush founded in Chicago. Since then, Rush has been a leader in the effort to eliminate Internet freedom. In 2006, Rush helped convince many members of the CBC to kill a measure that would have enshrined Internet freedom into law. And since that time, he has supported other efforts to weaken Internet freedom protections.  It’s wonderful AT&T donated the money to a community center Rush started, but that doesn’t mean AT&T is his only constituent.  Or does Congressman Rush need at least a million dollars from you to represent -your- interests before he’ll vote your way.

By signing the online petition and contacting members of the Congressional Black Caucus on these issues, you are delivering a wake-up call that lets Congress know these issues are critically important to you and they need to pay attention.  More importantly, it will expose those who feel safe taking big checks from phone and cable companies as a reward for voting against your interests.  If they know you are watching and their votes can make a difference in how you will vote in the next election, many will have the courage to leave Big Telecom’s money on the table and walk away.

Time Warner Cable’s shares tumbled on news that the nation’s second largest cable operator is likely to report it is losing subscribers tired of high cable prices in a tough economy.  These challenges are fueling press speculation the company is exploring a “broad alliance” with Cox Cable to join forces in an effort to reduce programming costs.

Bloomberg reports growth has slowed across the board at Time Warner.  The cable company blamed the weak economy for most of its troubles, suggesting the lack of new housing developments and home purchasers is responsible for a lot of the negative growth.

“Overall, I would say that the subscriber environment is very, very weak,” Chief Financial Officer Rob Marcus told investors at a Bank of America Corp. conference in Newport Beach, California. “We’re being negatively affected by very high rates of unemployment, high vacancy rates, both at the rental and the owned home levels, and really anemic new home formation.”

Growth has slowed across all Time Warner Cable’s businesses and because of that the company may see a loss in total customers, or what it calls primary service units, Marcus said.

Last quarter, the U.S. pay-TV industry lost basic-cable subscribers for the first time ever, according to research firm SNL Kagan.

Despite subscriber losses, Marcus calmed Wall Street reminding them the company expects to meet expectations for 20 percent growth in adjusted operating income thanks to a series of revenue-enhancing rate increases underway this year and declining costs in some areas of the business.

Reuters reported this week that Time Warner Cable was in the early stages of a discussion about a potential system swap affecting southern California that could blossom into a “broad alliance” on programming negotiations and potentially even a Time Warner buyout of Cox’s cable systems nationwide.

The Cox systems rumored to be at issue serve Irvine and San Diego and smaller properties in Santa Barbara and Rancho Palos Verdes.  Light Reading speculated Time Warner Cable wants Cox’s Irvine system to increase the size of its footprint in Orange County and Cox would get Time Warner’s San Diego system.

Reuters speculated Time Warner Cable would also negotiate programming carriage contracts on behalf of Cox, just as they currently do with Bright House Networks.  A combination of all three systems could deliver programmers carriage commitments for more than 20 million subscribers across all three systems.  That is still a few million short of Comcast, but easily worth significant volume discounts on programming.

A few industry reports shared rumors Time Warner Cable would eventually buy out the Cox family, which privately owns Cox Cable, and combine those cable properties under the Time Warner Cable name.

But in today’s political climate, and concerns about market power and concentration, such a combination would likely face considerable scrutiny from regulators.

Comcast wants you to know your bill for cable television is going to keep going up and up and up, even as the company spends more of your money on political lobbying and rebranding efforts.  As a result, more of you are pulling the plug on Comcast cable television subscriptions.

Speaking Sept. 15 at the Bank America Merrill Lynch media conference in Newport Beach, Calif., Comcast CFO Michael Angelakis warned that programming costs are continuing to increase, and the cable company is going to pass those increases on to its customers through rate hikes.

Angelakis admitted these costs represent one of Comcast’s toughest challenges, because the cable programming industry has become increasingly consolidated.  If Comcast won’t play ball over fees charged by a single network, a dozen or more other channels owned by that programmer could be withheld from the cable company.

The cable programming industry increasingly relies on “Three Musketeer”-package deals that renew carriage agreements for popular cable networks only if other co-owned channels come along for the ride.  Want USA, SyFy, and Bravo from NBC-Universal?  Then you better make room for the rest of their extended family like Sleuth, Chiller, and qubo.

Most years, these cable networks increase their wholesale prices, which shows up eventually on your Comcast bill in the form of a rate hike.

Subscribers have clamored for a-la-carte opportunities to pick and choose only channels actually watched, but that’s a scary proposition to companies like Comcast, who could see revenues plunge from a “pick your own channels” plan.  Instead, Angelakis told investors he’d rather pay less for networks that simply don’t attract many viewers.

“If programmers aren’t performing, we’d like to see rates go down,” he said.

The impact of those price increases is now more apparent than ever for the nation’s largest cable operator as subscribers reach a virtual ceiling in the price they’re willing to pay for cable television.

Comcast management reported adding 165,000 new customers after the digital television transition in the first half of 2009.  Many of those customers signed up for service with one year promotional deals that are now expiring, exposing customers to Comcast’s usual retail prices.  As a result, so far this year, 169,000 customers looking for basic cable service have canceled.

The cable industry is trying to reduce the revenue impact of subscriber losses by increasing prices for the customers that remain.  Comcast is no different, and Angelakis told investors the company’s financial performance can still be strong with increased average revenue per subscriber and cost-cutting.

One expense Comcast is not cutting: political lobbying.

In the second quarter of 2010 alone, Comcast spent $3.82 million dollars on lobbying activities — a 16 percent increase from the amount it spent at the same time last year, according to the U.S. House of Representatives clerk’s office.  Comcast made campaign contributions to elected officials, paid an army of lobbyists to promote its proposed Comcast-NBC merger, and made payments to fund front groups, astroturf projects, and say “thanks” to non-profit groups engaging in “dollar-a-holler” advocacy for the company’s political agenda.

Comcast also lobbied to stop broadband reforms like Net Neutrality, advocated roadblocks for potential competitors, added its two cents on how the government promotes broadband expansion, and sought to inhibit shareholder rights to influence executive pay.

Comcast’s biggest innovation this year is — changing its name.  The march towards rebranding the company’s cable TV, broadband, and phone products continues, with 63 percent of its cable systems now flying the Xfinity flag.  Comcast hopes customers will take a second look at Comcast’s product lineup once they see the new name.  Kevin Upton, a senior lecturer in marketing at the University of Minnesota’s Carlson School of Management says companies can use rebranding to suggest the introduction of new products and services.

Starting Monday, Minneapolis and St. Paul, Minn., customers will find the Xfinity name plastered all over the place, and Upton noted Comcast’s rebranding effort worked on him.

When Upton got a flyer about Xfinity recently, he thought it would offer faster Internet service than Comcast.

“It called attention to itself, and it got me to pay attention to the stuff I’m already overpaying for anyway.”

[flv]http://www.phillipdampier.com/video/CNBC Inside Comcasts Quarter 7-28-10.flv[/flv]

CNBC covered Comcast’s second quarter financial results back on July 28th in this report.  (3 minutes)

A Seattle startup launched its new “online cable TV system” this week offering a 30-day free trial of 27 live feeds of over-the-air television stations from New York and Seattle.

Dubbed ‘ivi,’ the online video service expects to charge customers $5 a month for the package of broadcasters delivering shows from all of the major American networks, plus several superstations most Americans haven’t seen on their cable lineup since the early 1990s.

‘ivi’ claims it offers more content than Hulu — providing online access to every network and syndicated show seen on New York and Seattle TV screens, and for an introductory price of $0.99 more per month, the company plans to turn your home computer into a giant DVR, capable of recording and storing any of the programming on ivi’s lineup for later viewing.

“The cable industry has spent countless millions of dollars on so-called ‘TV Everywhere’ solutions in a blind effort to prop-up outdated technology and business models” said Todd Weaver, founder and CEO of ivi, Inc. “However, ivi empowers its users to experience TV Anywhere, offering them major broadcast channels delivered live to their laptop or desktop, anywhere on the planet. Whether eventually integrated into Google TV, Apple TV, or meshed with an existing platform’s digital strategy, ivi makes the set-top-box and any ‘Web to TV’ products obsolete. Instead of attempting to bring the Web to the TV, ivi intuitively brings TV to the Web.”

The ivi TV player is currently available for download to any Windows, Apple, or Linux computer, and will soon be available on other platforms, including mobile devices, tablets, and set-top-boxes.  It allows customers to access its lineup anywhere in the world where a broadband connection exists.

The company provides over-the-air stations in both New York and Seattle to serve different time zones, but the lineup also provides viewers the flexibility of catching a network show twice — once on East Coast time and again three hours later.

The lineup covers all the bases, particularly from America’s top television market — New York City.  Spanish language programming from New York stations provides access to Estrella TV, Univision, TeleFutura, and Telemundo.  Since many stations have agreements to use their digital sub-channels to deliver additional programming, ivi viewers also get access to RTV – The Retro TV Network, Universal Sports, This TV from MGM, and a handful of specialty PBS feeds.  KONG-TV from Seattle, a classic independent station not affiliated with any network, is also included.

Some other less notable stations making it to the lineup include Cedarburg TV, a public access channel from Cedarburg, Wisconsin, which spends part of its broadcast day airing NASA-TV, Radio Tele-Luxembourg, a station from the Grand Duchy of Luxembourg in Europe, CCTV-9, the English language TV network from the People’s Republic of China, and PlayTV — a music video channel.

Stop the Cap! snagged a copy of the Windows version of the player and gave the service a test run.  Those seeking a free trial can apply on the company’s website, but you will have to supply a valid credit card number to participate (if you cancel within 30 days, you will not be charged).  If you are concerned about this, consider using a “one time” credit card number, a service often available from credit card companies that generates a one-time-use credit card number.

The player, like ivi’s website, is apparently a work in progress — fairly spartan in design and looking somewhat outdated.  But the player is less than three megabytes in size, a welcome change from oversized “bloatware.”  It was also nice to see versions for Linux and the Mac during launch week, instead of the more typical “coming soon” attitude other new ventures rely on.

The player is generally intuitive to operate, letting you control how much bandwidth to use for the service.  The version we tested allows you to pause, rewind, and fast forward paused programming.  A channel guide offers basic program information customized for your particular time zone.

ivi's electronic program guide

Playback quality has issues, however.  Despite setting our player for “high definition” playback, the encoding rate was far too low to actually deliver anything close to HD viewing.  In fact, viewing artifacts ranging from shading errors to soft pixelization were readily apparent even in a reduced-size player window.  At full screen, playback reminded me of a medium-quality RealVideo stream from an earlier era.  It was watchable, but I wouldn’t call it a “cable-TV killer.”  On a large screen TV, it’s likely to be even more problematic.

Still, for $5 a month, it might be worth it, especially if you have dropped cable and don’t get reasonable reception of broadcast signals, or your local TV market doesn’t offer broadcast affiliates of the CW, MyNetwork TV, or those networks made-for-broadcast-subchannels — RTV and This TV.

Besides, if you sign up for the free trial today, you may not even have to pay a cent if the broadcasting industry sues the pants off the founders and shuts it all down before the end of the month.

Remarkably, ivi founder and CEO Todd Weaver told the Puget Sound Business Journal he was unaware of any other startup company attempting to deliver live TV feeds.

We here at Stop the Cap! do.  Weaver might want to talk to Bill Craig, founder of a very similar Canadian venture called iCraveTV in December, 1999.  We remember iCraveTV very well, because it delivered 17 channels of programming from Canadian over-the-air broadcasters and several network affiliates from nearby Buffalo, N.Y.  We especially remember the blizzard of lawsuits that promptly followed, all because the Canadian startup never bothered to get permission from the stations involved and they let Americans watch.

Weaver offers conflicting accounts about whether ivi secured permission from the stations it started streaming this week.

FierceIPTV reports the company hasn’t.

At the moment, the company has no contracts with any broadcasters, but ivi claims it doesn’t need to, since it’s an online cable system and, as long as it pays fees to the U.S. Copyright Office–which get disbursed to the broadcasters–it’s covered. Although Weaver says it’s not inconceivable that the company will face some legal challenges.

But the Puget Sound Business Journal reports the opposite:

The company has secured the rights to deliver live television feeds from local affiliates in Seattle and New York, with plans to expand to LA, San Francisco and other markets in the near future. Ivi pays the stations an undisclosed amount to pick up the signal, which it does by either placing a physical encoder device at the station or capturing it from satellite or antennae.

The folks at iCraveTV thought they were covered so long as they paid copyright fees, too.  Craig said Canadian laws gave it the right to retransmit broadcast television signals, in the same way that cable companies and satellite companies do. As long as the company doesn’t tamper with the programming and paid copyright holders for their work, he argued, iCraveTV was completely legal.

The National Football League, horrified by the prospect of this venture airing its football games to Canadian and American viewers without a contract, promptly found a judge in Pittsburgh who issued a restraining order — the beginning of the end of iCraveTV and the start of some hefty legal bills.  When it was all over, 10 Hollywood studios, the Motion Picture Association of America, three major American television networks, and three television stations in Buffalo either filed or contemplated filing lawsuits asking for at least $5 million in damages from the venture.

Considering ivi was reportedly bankrolled for less than $1 million in “angel financing,” they better have a liability policy bigger than that.

“Whenever someone first hears that we are carrying their linear feed, the knee jerk reaction is: ‘I must protect my content, always,'” said Weaver. However, he noted that some broadcasters see ivi as a means to sell more advertising and a new distribution mechanism altogether. “We do not disrupt the existing live distribution models,” he said.

While that may be true for Cedarburg, Wisconsin’s public access channel, the major American networks that own the network-affiliated stations in New York are unlikely to see things that way, unless they own and control the venture, of course.  Neither will local network affiliates, who stand to lose local advertising revenue should large numbers of viewers flock to web-based, out-of-area network stations.  Local broadcasters effectively stopped satellite providers from reselling access to distant network stations in areas where local stations already provided that service, so it’s very likely they’ll strongly oppose ivi for the same reasons.

Still unsure how the industry will react?  Consider a combined Comcast-NBC network facing an online venture that promotes itself as a “cable cord cutter” asking NBC for permission to stream its programming online so viewers can cancel their Comcast subscriptions.

Enjoy ivi while you can.

Frontier's Ann Burr sat down for an interview with a Rochester television station to discuss the future of landlines.

Frontier Communications told customers in western New York not to expect FiOS fiber-to-the-home technology from them anytime soon, claiming residents in upstate New York do not need broadband speeds that fast.  That prompted regular Stop the Cap! reader Bob in Rochester to drop us a note.

Ann Burr, general manager of Frontier’s Rochester division, told WHAM-TV reporter Rachel Barnhart the company believes its current DSL service is more than adequate for residents in the company’s largest service area.  This, despite the fact Frontier recently adopted a handful of FiOS markets purchased from Verizon Communications.  While Frontier has promised to continue delivering the fiber-to-the-home service in areas already offered the service started by Verizon, they have no plans to expand FiOS.

“We’re constantly upgrading our local networks to make sure they can get higher and higher speeds,” Burr told Barnhart. “Fiber lines are installed in newer developments, and neighborhoods that report problems with DSL lines get attention from technicians.”

With Frontier’s DSL service already available in 95 percent of Frontier’s Rochester-area division, Burr added, there is no need to offer FiOS in Rochester.

Burr, who was formerly president of Time Warner Cable’s Rochester division from 1995-1999, has made similar remarks in the past.  In February, she told readers of the Rochester Democrat & Chronicle they didn’t need ultra-fast broadband speeds from Frontier either.

from 'The Bridge'

Yet Verizon, one of the nation’s largest phone companies, thinks otherwise.  In upstate New York, the company is still completing its fiber optic network in cities like Albany, Buffalo, and Syracuse.  Verizon FiOS remains a top-rated favorite among readers of Consumer Reports.  Frontier’s DSL managed a less impressive 12th place.

Barnhart learned about Frontier’s broadband plans as part of a larger story about how the phone company will survive the age of the cell phone, as local customers continue to disconnect their Frontier landlines in favor of wireless service from providers like Verizon and AT&T.

Burr warned customers to think twice before disconnecting service.

“Don’t do it. Because I’ve personally been in a situation where my home was without power for a couple of days and you have to recharge cell phone batteries, which you can’t do if you don’t have power,” Burr said.

Burr can’t see a day when no one has a landline phone any longer.

“I don’t see that for a long time. I think that wired phone, copper infrastructure that’s been here for many years provides [the] security [and] reliability that people want,” she said.

Burr’s beliefs are contrary to industry statistics that show Americans continue to drop landline service.  Among those under 30, it’s sometimes hard to find anyone who has a landline at all.

The Bridge reports in the second quarter of 2010 alone, just three phone companies — AT&T, Verizon, and Qwest lost nearly 1.5 million landline customers, mostly to cell phone service and competing “digital phone” products offered by the cable industry.

Consumer Reports says its readers gave top marks to Verizon FiOS for its speed, selection, and service. Frontier didn't make this list at all.

[flv]http://www.phillipdampier.com/video/WHAM Rochester Will Frontier Communications Survive in Cell Phone Age 9-15-10.flv[/flv]

WHAM-TV’s Rachel Barnhart talked with local residents who have disconnected their Frontier landlines and spoke with Frontier’s Ann Burr about the long term prospects for a company primarily delivering that service.  (2 minutes)