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DirecTV Customers in 17 Major Cities Face CBS, CW Station Blackout

Phillip Dampier July 16, 2019 AT&T, Competition, Consumer News, DirecTV Now, Online Video 1 Comment

AT&T is facing a last hour showdown with CBS owned and operated local TV stations in 17 major U.S. cities over a new retransmission consent contract that could mean the third major station blackout for customers of DirecTV, DirecTV Now, and AT&T U-verse. Streaming customers would also lose access to on-demand content. In addition, CBS-owned CW television stations would be dropped from all three AT&T-owned services.

AT&T’s contract with CBS affiliates in Atlanta, Baltimore, Boston, Chicago, Dallas, Denver, Detroit, Los Angeles, Miami, Minneapolis, New York, Philadelphia, Pittsburgh, Sacramento, San Francisco, Seattle, and Tampa expires at 11pm PDT on Friday, July 19. At the moment, the two parties are reportedly far apart in negotiations, with AT&T complaining CBS is proposing “unfair terms” for a contract renewal.

CBS claims AT&T is offering below-market pricing for a contract renewal, noting that other cable, telephone, and satellite providers readily agreed to pay higher prices to continue carrying CBS’ major market affiliates.

AT&T has already left customers blacked out from nearly 150 local stations owned by Nexstar and several smaller owners — some effectively front groups for Sinclair Broadcasting — with no end in sight. Both sides are taking heat from public officials and members of Congress upset with the loss of one or more local stations, and the latest blackout of CBS stations could result in even greater scrutiny of AT&T and station owners.

AT&T issued a statement warning customers to be ready for the blackout by this weekend, and complained CBS was negotiating in public.

“We’re disappointed to see CBS put our customers into the middle of negotiations,” AT&T said in a statement. “AT&T is on the side of customer choice and value and wants to keep the local CBS stations in affected cities in our customers’ lineups. Our goal is always to deliver the content our customers want at a value that also makes sense to them. We continue to fight hard for that here and appreciate our customers’ patience while we work this out with CBS.”

Republican FCC Overrides San Francisco Pro-Competition Wiring Ordinance

It’s a good day to be AT&T or Comcast in San Francisco. The Republican majority on the FCC today voted to protect their monopoly control of existing building wiring, claiming it would inspire competitors to wire buildings separately..

In a 3-2 Republican majority vote, the FCC today decided to pre-empt a San Francisco city ordinance that required multi-dwelling apartment, condo, and office space owners to allow competing service providers to share building-owned wiring if a customer sought to change providers.

“Required sharing of in-use wiring deters broadband deployment, undercuts the Commission’s rules regarding control of cable wiring in residential [multi-dwelling units], and threatens the Commission’s framework to protect the technical integrity of cable systems for the benefit of viewers,” according a news release issued by the FCC.

FCC Chairman Ajit Pai was joined by the two other Republicans on the Commission to block the San Francisco ordinance, which will allow dominant cable and phone companies like AT&T and Comcast to continue reserving exclusive use of building wiring, forcing would-be competitors to place costly redundant wiring in each building before offering service.

Pai said the city’s ordinance chilled competition because it encouraged competitors to re-use existing wiring instead of providing their own. That could harm the business plans of incumbent monopoly providers that depend on deterring or locking out would-be competitors by prohibiting them from using existing building wiring to reach customers. Pai called the ordinance an “outlier” and declared the city went beyond its legal authority by allowing a competitor to re-use building-owned wiring used by one provider to switch a customer to another. Pai added he had no objection to sharing unused wiring.

“By taking steps to ensure competitive access for broadband providers to [multi-dwelling homes and shared offices] while at the same time cracking down on local laws that go beyond the bounds of federal rules, our decision can help bring affordable and reliable broadband to more consumers,” echoed Republican FCC Commissioner Brendan Carr.

But critics contend the FCC’s decision to disallow required shared use of wiring will likely deter new competitors from entering existing buildings, because of the cost of installing redundant wiring. Others object to the FCC regulating the use of wiring owned and installed independently by building owners, not telecom companies. FCC Commissioner Jessica Rosenworcel, a Democrat who voted against the pre-emption, was unimpressed.

“We stop efforts in California designed to encourage competition in multi-tenant environments,” Rosenworcel told her fellow commissioners. “Specifically, we say to the city of San Francisco—where more than half of the population rents their housing, often in multi-tenant units—that they cannot encourage broadband competition. This is crazy.”

The FCC press release trumpeting the Republican majority vote to prohibit the shared use of existing building wiring was sympathetic to incumbent telecom giants AT&T and Comcast, which now dominate as service providers in multi-tenant buildings:

Nearly 30% of the U.S. population lives in condominiums and apartments, and millions more work in office buildings. The FCC must address the needs of those living and working in these buildings to close the digital divide for all Americans. However, broadband deployment in [multi-tenant buildings or ‘MTEs’] poses unique challenges. To provide service, broadband providers must have access to potential customers in the building. But when broadband providers know that they will have to share the communications facilities that they deploy with their competitors, they are less likely to invest in deployment in the first place. For decades, Congress and the FCC have encouraged facilities-based competition by broadly promoting access to customers and infrastructure—including MTEs and their tenants—while avoiding overly burdensome sharing mandates that reduce incentives to invest.

WarnerMedia’s New Streaming Service is Called HBO Max

Phillip Dampier July 9, 2019 Competition, Consumer News, HBO Max, Online Video Comments Off on WarnerMedia’s New Streaming Service is Called HBO Max

AT&T/WarnerMedia’s new streaming service due to debut in Spring 2020 will be called HBO Max and bundle original and classic content from AT&T-owned networks and studios, including Warner Bros., New Line, DC Entertainment, CNN, TNT, TBS, truTV, CW, Turner Classic Movies, Cartoon Network, Adult Swim, Crunchyroll, Rooster Teeth, and Looney Tunes.

AT&T still has not announced pricing for the service, but most expect it will end up costing around $16 a month, more than any other streaming service.

“HBO Max will bring together the diverse riches of WarnerMedia to create programming and user experiences not seen before in a streaming platform,” Bob Greenblatt, chairman of WarnerMedia Entertainment and direct-to-consumer, said in a statement.

To attract potential subscribers, AT&T has been pulling back content it owns or controls from other streaming services. In addition to The Office, AT&T announced it will also yank Friends reruns off of Netflix in early 2020, despite collecting $80 million from the streaming giant this year to carry the NBC series that aired its last episode in 2004.

To market HBO Max, WarnerMedia will tie it to the marquee HBO brand and its HBO Max and Go streaming services. HBO Max customers will receive access to the full HBO online catalog of on-demand content, along with more than a dozen new made-for-streaming TV shows and movies. Much of the new content will target a younger audience, including a large roster of CW shows, original movies and shows. But older audiences will also find a large library of classic content from the enormous Turner Classic Movies and Warner Bros. studio libraries.

A preview for HBO Max, WarnerMedia’s new streaming service, debuting in Spring 2020. (0:43)

AT&T’s End Run Around Costly Local TV: Donate $500k to Locast and Add It to Lineup

Phillip Dampier June 27, 2019 AT&T, Competition, Consumer News, Locast, Online Video Comments Off on AT&T’s End Run Around Costly Local TV: Donate $500k to Locast and Add It to Lineup

AT&T today announced it was donating $500,000 to the non-profit group behind Locast, the online streaming service offering free access to local TV stations in more than a dozen U.S. cities.

AT&T’s altruism is a thumb in the eye of high-cost retransmission consent agreements with the corporate owners of local free over the air television stations. AT&T added Locast’s app to U-verse and DirecTV receivers at the end of May, giving subscribers a quick and easy way to access over the air stations if one or more are “blacked out” over a contract renewal dispute. AT&T also continues to offer antennas to customers that integrate with both services’ electronic program guides so subscribers can quickly access their favorite channels.

The Sports Fan Coalition, the group behind Locast, will use the money to further expand its service into other cities. At present, Locast is available to almost one-third of American TV homes, amounting to more than 32 million potential viewers. But the service has a very long way to go to stream local stations from all 210 U.S. TV markets.

AT&T will likely use Locast as a leveraging tool when negotiations become heated, letting TV station owners know they can simply point customers to Locast to continue watching stations. AT&T cannot legally redistribute Locast TV streams to customers without running afoul of copyright law, but it can provide customers with access to the independent Locast app and the internet connectivity that allows that app to function. AT&T does not currently plan to drop local stations already on the lineup in favor of pointing customers to Locast. But it will let customers know that blacked out stations are still available to customers through the Locast app.

AT&T Warning Tower Owners to Cut Prices or They Will Relocate

AT&T claims it is willing to play hardball to force cell tower owners to reduce the cost of leasing space for AT&T’s wireless services. If tower owners won’t lower their prices, AT&T is threatening to find someone else willing to build a new, cheaper tower nearby.

AT&T is closely coordinating its tower strategy with its biggest competitor, Verizon Wireless. Together, the two companies are looking to force costs down by seeking opportunities with newer tower companies Tillman, CitySwitch, and Uniti Towers that are willing to build new towers next to old ones, while offering “much cheaper” pricing than industry leaders American Tower, Crown Castle, and SBA Communications.

Light Reading notes AT&T would like to pay roughly half the current rent for its wireless infrastructure. But it is running into a roadblock because 65% of American cell towers have no competition within a half-mile radius. Getting zoning approval to construct new towers, especially in suburban and residential areas, can be difficult and costly. But the three upstart tower companies AT&T and Verizon are working with claim they will commit to tower construction when there are signed contracts in hand. AT&T is using this fact to leverage existing companies to lower prices or lose AT&T’s business.

But Wall Street analysts suggest AT&T is bluffing. Research of FCC public records between January 2017 and April 2019 found 1,000 new tower applications, but only 500 had been built. Only 40% of those applications were to build new towers near existing ones. When one considers there are about 110,000 cell towers in the U.S., fewer than 0.5% of cell sites are likely to face competition based on the applications already filed.

The wireless industry prefers to co-locate infrastructure on existing towers, which means Verizon Wireless, AT&T, T-Mobile and Sprint could all theoretically be leasing space on the same tower. This was originally both a cost-saving measure and a bow to reality because new tower applications often take years to approve and often face local opposition. Most wireless companies sign 10-year contracts with tower companies, so any organized effort to force competition will probably take years.

AT&T complains it is the victim of a lack of competition and is fed up with the “vicious model” of monopoly tower companies charging excessively high prices and raising fees anytime AT&T changes their contract. Many of their customers can relate.

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