Witmer

If what Time Warner Cable claims is true, the stalemate that has kept CBS content away from subscribers for four weeks may be less about the money and more about CBS’ desire to control your viewing experience.

Melinda Witmer, TWC’s chief video and content officer, reports CBS is demanding daunting new restrictions in their proposed renewal contract, including requiring customers to “register their television sets” with CBS before being able to turn them on.

Witmer said CBS’ demands also include new powers over DVR capabilities, which means CBS could possibly prevent customers from fast-forwarding through commercials or even block the recording and/or storage of certain programs without network permission.

“CBS announced that they signed a deal with Verizon (FiOS TV) and has suggested that they offered us the same deal Verizon just signed,” Witmer said. “All I can say is our condolences to Verizon if they signed the deal CBS put in front of us. I hope for Verizon’s sake that they didn’t sign that, but if they did I’m glad for us because we’ll compete that much better against them when we finish our deal.”

Cable operators are seeking expanded rights from programmers as customer viewing habits evolve. Among the most important are those that would allow online and on-demand streaming of programming to authenticated cable subscribers.

Time Warner Cable has invested considerable resources in its online viewing platforms for PC’s, smartphones, and tablets, providing most of the TWC lineup on those portable devices. But the service has been largely limited in-home viewing because the cable company is having trouble securing permission to stream most of that content for those on the go.

Time Warner Attempts to Placate Impacted Customers

Although Time Warner Cable is crediting customers for the loss of Showtime/The Movie Channel, blocked by the cable operator while the impasse continues, Time Warner is not giving any automatic refunds for the loss of CBS basic or broadcast programming and networks taken off the cable dial. CBS-owned Smithsonian TV is the most affected basic cable channel nationwide. Some customers who pay extra for Smithsonian as part of an added-cost HD Tier often known as “TWCHD Pass” have gotten service credits upon request.

Time Warner Cable is giving out free over-the-air antennas to customers in cities where local CBS-owned stations have been taken off the cable lineup.

Time Warner Cable has a limited quantity of free basic indoor antennas available for customers at TWC retail locations in Dallas-Ft. Worth, Los Angeles/Desert Cities, New York City, Milwaukee and Green Bay, Wisc. In addition, TWC has partnered with Best Buy in those cities to provide $20 toward the purchase of any in-stock broadcast antenna at select Best Buy store locations. The cable company has published a list of retail locations where antennas are available as long as supplies last. Limit one per customer and installation is your responsibility.

Radio Shack has also taken advantage of the situation by slashing prices on an AntennaCraft Amplified Omnidirectional HDTV Antenna, now available online for $37.49 – a 25 percent discount. Best Buy is supporting Time Warner Cable’s position in the CBS dispute. Radio Shack is not, telling customers its antennas make it easy to “cut the cable.”

Time Warner is appeasing tennis fans with enhanced coverage of the 2013 US Open Tennis Championship Series with a free preview of The Tennis Channel running Aug. 26 through Sept. 9.

The blackout is also keeping Time Warner Cable, Bright House, and Earthlink (supplied by either cable operator) broadband customers from watching CBS content online.

The Federal Communications Commission said it is trying to resolve the fee dispute from Washington.

“The commission is engaged at the highest levels with the respective parties and working to bring the impasse to an end,” Justin Cole, an agency spokesman, said in an e-mailed statement yesterday. “We urge all parties to resolve this matter as quickly as possible so consumers can access the programming they rely on and are paying for.”

But acting FCC chairwoman Mignon Clyburn also admitted the FCC has few powers to intervene and compel an agreement.

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Time Warner Cable’s Melinda Witmer, head of the team negotiating with CBS, suggests the network is demanding unprecedented control over your viewing experience — a deal breaker for the cable operator.  (6 minutes)

If Time Warner Cable is concerned about the rising cost of cable television, it sure didn’t show it after sources revealed the cable company quickly accepted CBS’ demands for more compensation but is refusing to budge until it wins rights to show CBS programming on mobile platforms.

Sources tell the Daily News Time Warner quickly agreed to a major increase from 50 cents a month per subscriber to $2 a month for CBS content, but is keeping CBS-owned stations and cable networks off the dial until the network agrees to let the cable company distribute on-demand and live programming on cell phones, tablets, and personal computers.

Earlier this week, Time Warner Cable CEO Glenn Britt made an offer CBS couldn’t wait to refuse: the cable company would put CBS programming back on the lineup if it could be sold to customers a-la-carte instead of bundling it with other channels.

That would “allow customers to decide for themselves how much value they ascribe to CBS programming,” Britt said in a letter to CBS CEO Leslie Moonves that was promptly posted online.

CBS called the idea a sham, noting a-la-carte runs contrary to the economic model the cable industry itself regularly and loudly defends. Try telling ESPN, which costs every cable subscriber more than $5 a month, it will now be offered only to customers that want to pay for it.

Phillip “Capitulation Corner” Dampier

In fact, for most cable operators, the concept of selling customers only the channels they want is the nightmare scenario. Average revenue per subscriber would tumble as consumers rid themselves of networks with three digit channel numbers they didn’t even know they had. Goodbye ‘Yarn Creations’ on Generic Home Shopping Channel 694, Bosnian music videos, reruns of Simon and Simon, mysterious networks showing episodes of Law & Order that USA Network already burned into your permanent memory, and that “fine arts” network that shows endless hours of Antiques Roadshow dating back to 1998.

Digital rights is an important issue for both cable companies and programmers. Although both sides deny “cord cutting” is real, the intensity of the fight allowing online viewing says otherwise. If CBS gives away rights to Time Warner Cable to show live and on-demand programming to subscribers, CBS can’t make as much money offering shows on its own website (with its own ads), much less sell programming to customers. Time Warner fears if CBS only offers online programming through its own website, customers might decide they don’t need the cable company to watch those shows any longer.

“At the moment the cable operators have the leverage because the more that CBS is off the cable, the more that they realize the viewers don’t need it,” said media expert Michael Wolf, former Yahoo! board member and president of Viacom-owned MTV Networks.

For now, many viewers are turning to pirate video sites to catch the CBS shows they are missing. TorrentFreak reports huge spikes in illicit download traffic of CBS content over the weekend. Under the Dome was the source of much of the spike, although customers are also downloading pirated copies of Showtime programming. The evidence is clear: take away popular programming and customers will simply download it illegally from third-party websites.

As summer wanes and the fall football season approaches, just about everyone expects the war will quickly end, because football fans are more than willing to drop a provider if they can’t spend several hours in front of the television Sunday afternoon. Considering Time Warner has reportedly already caved in on CBS’ money demands, it is likely CBS will be able to eventually extract even more money from the cable company to secure digital distribution rights. Subscribers will pick up the tab for both during the next round of rate increases beginning this fall in the south and by January in the northeast.

Time Warner Cable’s latest regulatory notice admits current deals with more than 50 networks are due to expire soon, and the company may cease the carriage of one or more of the networks. They include: Lifetime, E!, Style, Turner Classic Movies, and the NHL Network. So just like Law & Order reruns, we will see this episode again in the near future.

The PGA is offering a way for golf fans to watch some of the PGA Championship online, bypassing the CBS-TWC dispute.

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Perhaps the biggest loss viewers without CBS will experience this weekend is the PGA Championship. CNBC talks with tournament officials in Rochester, N.Y., about the possibility of viewing alternatives. But golf fans can watch parts of the tournament for free from the PGA’s website. (3 minutes)

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Bloomberg News reports that while many cable viewers could care less about the loss of CBS and Showtime, broadband customers may care very much when cable operators start charging extra for Netflix or add punitive usage caps to make sure customers don’t cut cable TV’s cord. (3 minutes)

A Wall Street analyst has urged Time Warner Cable’s competitors to deny promotional pricing to new customers switching providers because of the CBS blackout.

“While Time Warner Cable’s competitors appear to be resisting predatory marketing campaigns to take advantage of the CBS blackout, at least so far, we believe they need to go even further to cause real industry change,” wrote BTIG Research’s Richard Greenfield. “While TWC’s competitors cannot stop consumers from switching their video service provider due to the loss of CBS, they could make it less appealing to switch due to a programming dispute blackout.”

Greenfield wants providers to support solidarity against programmers like CBS by not taking advantage of the situation to poach subscribers away from Time Warner with attractive promotional packages and pricing. He believes it will ultimately lead to lower prices for consumers.

“The only way to begin to shift leverage in these content negotiations is for [providers] to start supporting each other in programming disputes, rather than try to steal each others’ subscribers,” said Greenfield. “We believe it would make strategic sense for all major [providers] to add a script to their website and call-center new customer acquisition process that asks whether a customer is switching due to the Time Warner CBS dispute (or whatever disputes are currently on-going in the country).  If the answer is ‘Yes’ we believe that consumer should not be offered promotional pricing and should be informed that these types of disputes are becoming a problem for all video providers — essentially teaching consumers that ‘switching won’t help’ during these short-term programming battles.”

DirecTV is among the first to express solidarity with its cable competitor, issuing a statement last weekend:

DirecTV has certainly had its share of these battles, so we applaud Time Warner Cable for fighting back against exorbitant programming cost increases. We are also appalled to learn that CBS is now punishing DirecTV customers, who may happen to have Time Warner as their Internet provider, by denying them access to CBS content online.

Greenfield’s suggestion essentially asks that cable operators and telephone companies agree not to compete. His idea also penalizes consumers caught in the middle of programming disputes that customers ultimately pay for in the form of higher bills. We think it comes dangerously close to illegal, anti-competitive behavior. Even Greenfield seems to understand his suggestion comes close to the line.

“It is obviously illegal for MVPD’s to collude,” Greenfield concludes. “However, it is not illegal for each to do what is right for the future of their business, even if it means passing on short term opportunity.  Tacit cooperation is the best strategy we see available, barring government intervention.”

What is right for business is not right for consumers. Stop the Cap! strongly recommends those signing up with a competitor over programming blackouts avoid explaining their reasons for switching. As well as being none of their business, being candid could cost consumers valuable money-saving discounts and promotions that other new customers receive.

We believe the most effective “game-changer” in the fight between providers and broadcasters demanding 600% rate increases for programming available for free on any television is technology like Aereo, which picks up over-the-air stations with dime-sized antennas and provides customers with online streams of those channels. This technology, if found legal, could eventually be adopted by cable operators to avoid retransmission consent payments altogether or use as effective leverage in negotiations. Aereo is a win-win for providers and consumers. Telling providers to deny consumers new customer pricing just because someone wants to get missing programming back is not.

We’d remind Greenfield of this universal truth: cable bills never go down unless a customers downgrades or threatens to leave.

After repeated extensions, Time Warner Cable yanked several channels from your cable dial today, and before you ask, you are -not- entitled to any refunds. So don’t ask. (Actually, ask anyway.)

The affected channels are:

• CBS Owned-and-Operated TV stations in the following cities:
  Los Angeles:  KCBS and KCAL-Ind.
  New York:  WCBS
  Dallas-Ft. Worth:  KTVT-CBS and KTXA-Ind.
  Boston:  WBZ-CBS and WSBK-Ind. (carried in parts of NH and MA)
  Chicago:  WBBM-CBS (carried in parts of WI)
  Denver:  KCNC-CBS (carried in Gunnison and Telluride)
  Detroit:  WKBD-CW (carried in parts of OH)
  Pittsburgh:  KDKA-CBS and WPCW-CW (carried in parts of OH)
• Showtime
• The Movie Channel (TMC)
• Flix
• Smithsonian Channel

Phillip “FAQ” Dampier

If your local CBS station is not on this list, you will still be able to watch CBS programming because the dispute only affects local stations directly owned/operated by CBS. But cable subscribers nationwide may notice the loss of the cable networks and premium movie channels, if one subscribes.

As a courtesy, Time Warner Cable has elected to throw Showtime subscribers a bone (and avoid having to pay any refunds) by turning on Starz and Encore for affected customers. (If you happen to find anything worthwhile to watch on Starz, please post a comment and let the rest of us know what we are missing.) Encore is a better choice, but customers should feel free to arrange their own “credit” by canceling Showtime until the dispute is resolved. Time Warner Cable was running a promotion offering HBO and Cinemax for $5 a month each for six months to a year. Inquire if that option is still available if you are feeling premium movie channel withdrawal.

“We deeply regret being forced into this position by CBS, but we’re prepared to stand by our customers and do what it takes to fight these unreasonable demands,” writes Time Warner Cable.

In the meantime, we’ve helped massage Time Warner’s FAQ and rubbed in some truth extract:

Q:  Dear Time Warner Cable Assassins of Joy: Now that you’ve stopped carrying the channels I am still paying for, where can I find the darn shows I’m missing?

A:   There are any number of places, including free over-the-air using an antenna, if you remember what that looks like, plus some places online for free.  In addition, in NYC only, CBS is available through Aereo, which is currently offering a one-month-free-trial at www.aereo.com. Just don’t think about dropping your entire cable television package once you discover Aereo works well enough for you and you don’t need us to delete $70 a month from your wallet and recreate it in ours. Pretty please.

Courtesy: Rich Greenfield, BTIG

For national network prime time shows:

• Visit www.CBS.com to see recent airings (mostly repeats except for Stephen King’s ‘Small Town Under Glass’) of their primetime shows. Thank us we are not capping your Internet usage, sticking it to you for watching unauthorized shows (the ones we don’t own) for free.
• In addition, many primetime programs are available via national online services like Amazon.com, Hulu.com, iTunes.com, or Netflix.com, some for free, some as part of a subscription fee that is almost always far less than the pillaging prices we charge.

For daytime soap operas if you still bother to watch those:  www.cbs.com for free

For local news, weather, and sports:  Remember that your other local broadcast stations remain available on the Time Warner Cable lineup, along with NY1/YNN in select markets (because you want to get your local news from a wholly owned Time Warner Cable news network — the one that often shills our own products). And some of the local CBS stations stream their local newscasts for free over the Internet. Again, worship us for not capping your broadband. Check your local station’s website for information.

For syndicated shows like Dr. Oz, Ellen, Katie, and others:  They are probably all repeats anyway and how many times do you need to be told you are living your life all wrong. It’s summer. Go outside. Be happy. If you insist, most of those shows share either full episodes or highlights via their own websites, for free.

For shows that appear on Showtime, or movies:  Showtime makes some episodes and clips available for free at Sho.com and at Hulu.com. Because nothing equals the experience of watching an entire show like a 30 second clip! Other episodes can be found at paid services like Amazon.com, Netflix.com, and on iTunes. So while you are still paying us for those premium movie channels, go and pay someone else too. And remember that, as a courtesy so we don’t actually have to refund your money, we are providing replacement programming from Starz and Encore on a temporary basis.  Showtime and TMC customers should look in your onscreen guide for the Starz and Encore channel numbers.

For shows on Smithsonian:  If you can find the channel on our 1,000 channel lineup, you are better than us. If you actually watched any shows on Smithsonian, you can get by with similar shows on Discovery, National Geographic, TLC, Animal Planet, and many others, as long as you steer well clear of Honey Boo Boo. She’s a national treasure too, we know, but not enough to be on the Smithsonian Channel.

Frequently Asked Questions Not Well-Answered

Q. Why is this happening?

A:  $$$. We collect, count and stack your money for the pleasure of our executives and shareholders and now other programmers dare to want some of it. We’re not going to let that happen unless you give us more than enough to replace what we’re giving them.

Q:  This kind of blackout seems to happen to Time Warner Cable all the time; Screw you, I’m going to switch to another provider.

A:   Screw you right back. Unfortunately, these kinds of blackouts have occurred more often over the past few years—last year, over 80 broadcast TV stations withheld their channels from all kinds of video providers, including cable, satellite, and telephone companies because they smell the cash we currently get to play patty-cake with.  It’s not just Time Warner Cable, silly—every provider is at risk for losing the right to carry these channels that are available for free over the air to an antenna. Because when this kind of money is involved, all sorts of hell breaks loose. Switching to another provider won’t prevent similar blackouts from happening to you in the future, and you could miss some of your favorite programming, like…  NY1 in New York City. (Really.) We’ve been raising your rates and making you pay for hundreds of channels you never watch for years. Remember, sometimes the evil you know is better than the evil you don’t. We’re talking to you AT&T U-verse.

Q:  It seems odd that CBS SportsNet is still available, when the main CBS channel isn’t.  Why is that?

A:  Wait.

Q:  I live in Los Angeles; with KCAL not available, how do I see the Dodgers games?

A:  Get your lazy butt in the car, go to the stadium and buy tickets.

Q:  I’m an NFL fan, and I’m going to miss my team’s pre-season games.  Where else can I see them?

A:   See above.

Within the hour viewers in New York, Los Angeles, and Dallas will know whether Time Warner Cable and CBS have managed to reach an agreement on retransmission consent, agree to further extend talks, or choose to pull the plug on CBS affiliates in the three cities, and a handful of independent stations with it.

Negotiations are said to be tense and down to the wire, with a weekend extension expiring at 5pm ET this afternoon. Time Warner Cable customers nationwide could experience the loss of Showtime if Time Warner Cable decides to drop the pay movie channel as a negotiating tactic.

CBS’ Les Moonves confirmed this afternoon the two sides remained at odds over the exact amount the cable operator will pay per viewer for CBS-owned local stations in the three cities. If an agreement is not reached, Time Warner Cable is likely to drop the channels this afternoon.

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Bloomberg News reports late this afternoon the two sides have still not reached an agreement and unless another extension is approved, CBS will be off the cable dial in New York, Dallas, and Los Angeles. (5 minutes)

The cable operator upped the stakes late Friday reportedly threatening that if CBS does get removed, it will give up its coveted channel positions on Time Warner Cable indefinitely. In New York, WCBS occupies channel 2. In Los Angeles, KCBS is also on channel 2 and its sister station KCAL is on channel 9. In Dallas, KTVT is on Time Warner Cable channel 11. Low channel numbers have significant financial value to programmers, because it makes finding channels easier. Jeff Zucker from CNN has already expressed an interest is taking over channel 2 for CNN.

The dispute comes at the same time Time Warner Cable is notifying customers of rate increases on broadband and cable modem rentals. CBS is expected to recommend Time Warner customers switch to a competitor or watch shows online, presumably over TWC’s broadband service.

In Wisconsin, another retransmission consent fight with Journal Broadcast Group caused the cable company to drop those stations from its lineup. Among the stations affected in Wisconsin:  WTMJ-TV (Channel 4) in Milwaukee and WGBA-TV in Green Bay, which carry Packer pre-season games, and WACY-TV in Appleton, which carries Spanish language pre-season broadcasts.

Ellis

State Senate president Mike Ellis (R-Neenah) wrote a letter to the cable company insisting that it give rebates to customers affected by the blackout.

“It is clear your customers are no longer receiving the service they are paying for,” Ellis wrote in a letter to the company last Friday.

But Time Warner Cable made it clear subscribers are not entitled to refunds when stations disappear from its lineup:

Stations “are sold as a package of channels. We change our programming packages from time to time, including by adding new networks to the lineup. It is not our practice to issue credits for individual networks that are offered in a package.”

In New York, City Council Speaker Christine Quinn has asked CBS and Time Warner Cable to keep the stations up and running on cable until the negotiations are resolved. If they don’t Quinn has threatened to hold an oversight hearing on the matter, although her power to affect the two companies is very limited.

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NY1 reports on New York City mayoral candidate Christine Quinn’s request that CBS and Time Warner keep WCBS on the cable dial until the dispute can be resolved.  (1 minute)