Time Warner's "Get Tough" Campaign Caved In to Disney/ABC's Demands

So much for “getting tough.”

Time Warner Cable averted a blackout of several Disney-owned cable and broadcast outlets Thursday when it cut a deal with Disney to keep programming on Time Warner Cable.  As part of the agreement, the nation’s second largest cable operator agreed to add several Disney-owned networks subscribers will ultimate pay higher cable bills to receive in 2011.

The cable trade and business press are applauding the agreement.  The Wall Street Journal said the two sides surprised the TV industry by avoiding the level of public acrimony common with similar disputes in the past, avoided nasty publicity campaigns, and reached an agreement that avoided a standoff.

“We are pleased to have reached an agreement without any interruption in service,” said Time Warner Cable Chief Executive Glenn Britt.

Subscribers may also appreciate they aren’t facing the loss of programming they would still pay for as part of their monthly cable bill.

Disney wins new fees for carriage of ABC shows approaching 50 cents a month per subscriber, according to sources close to the negotiations.  The programmer also will receive substantial increases in payments from the cable company for ABC Family and The Disney Channel, along with the right to repurpose that programming online through services like Hulu and ABC.com.

Time Warner Cable has argued that programming costs make up the bulk of rate increases, yet its newest agreement with Disney compels the cable company to add additional networks and services cable subscribers may have no interest in receiving, much less paying to receive.

Among them are:

• Disney, Jr., a new 24-hour cable network targeting preschoolers which will replace ABC SoapNet in early 2012;
• ESPN Goal Line, a new network showing reruns of college football games;
• ESPN Buzzer Beater, still another new network rerunning college basketball games is also under development and will be added to Time Warner Cable’s lineup when launched.
• ESPN 3D, which will show-off sporting events on newly available 3D televisions.
• The addition of ESPN Deportes HD to Time Warner Cable’s larger footprint.
• Availability of ESPN Radio feeds in New York, Los Angeles and Dallas to Time Warner Cable’s video platform.
• A Time Warner Cable/ESPN Deportes co-branded, Spanish language sports website in Los Angeles.

One of the most contentious issues in the debate had been online video programming.  Time Warner Cable agreed to add ESPN3, an online network, for “authenticated” cable subscribers who have a package that includes ESPN.  That’s a departure from Disney’s usual demand that operators pay a fee for every broadband customer they have in return for access. That means Time Warner Cable customers who subscribe to a TV package will soon be able to access ESPN, ESPN2, ESPN3, and ESPNU even if they don’t subscribe to Road Runner.  But it also means Road Runner customers who don’t take cable-TV will not have access.

Finally, Time Warner Cable won the right to include on-demand access to popular ABC and Disney Channel shows.

Ultimately cable customers will pay a price for this agreement, facing even higher cable rate increases in 2011 to cover the costs for additional programming.  Many critics contend Time Warner Cable’s “Roll Over or Get Tough” campaign is more public relations than substance.  The company can claim they are fighting for subscribers when an intransigent programmer forces the cable company to take networks off the air, but in reality most of the time agreements are reached that look to many more like “rolling over” than “getting tough,” especially when the company simply passes along the added costs to cable customers.

[flv]http://www.phillipdampier.com/video/CNBC Disney Time Warner Agreement 9-2-10.flv[/flv]

CNBC covered the announced agreement between Time Warner Cable and Disney, reporting it was Disney’s largest carriage deal ever.  (2 minutes)

Broadband customers face dramatically higher prices for Internet service from a telecom company that wants to define for Alaskans an “appropriate” amount of “fair usage” of the Internet.

GCI, Alaska’s largest cable company, is currently embarked on a so-called “education” campaign over the summer telling residential customers it might be time for them to log off, or face the consequences of enormously higher broadband bills.

For one Anchorage coffee shop, that added up for several hundred dollars for just a single month of usage — all because they offer free Wi-Fi to their customers.

“People use it for their second space. Their home office,” Kaladi Brothers Coffee COO Dale Tran told KTVA news. “We’ve always offered an open network in our cafes, and after hours some people come by and park out front.”

Tran says the result was a bill from GCI several hundred dollars higher than expected.

GCI Communications Manager David Morris says at least two percent of their 110,000 customers are using “too much” service and violating the company’s “fair use” policies.  Morris also warned customers with wireless equipment that if they don’t take steps to lock down their routers with passwords and security, they could be exposed to a huge bill from GCI for providing free Internet service to the entire neighborhood.

Morris claims the company wants to specifically define what it considers “fair use,” claiming it will make things more equitable for everyone.

But GCI’s Internet Overcharging scheme will never save a single customer a penny.  Instead, customers will see only skyrocketing bills should they not fit within GCI’s arbitrary definition of “fair use”:

The company’s website states, “For a large majority of customers, normal usage activities are not expected to exceed the plan profiles defined below”:

GCI customers are not happy.  One reader of the AK Community forum provided additional insight:

To add a little dimension to this before I start ranting, here are the respective rates for the above service plans:

Now, those prices are misleading because they are only for the internet service portion of the “bundle.”  What they’re not telling you (anywhere on the web site that I can find, in fact) is that in order to receive that price, data transfer rate, and monthly bandwidth, you must also pay for GCI’s digital cable television service ($57.99 when part of a bundle), local phone service ($15.49 a month), and long distance service ($5.99 a month plus taxes and surcharges).

Without factoring in the various FCC fees and whatnot, the above information brings the total cost of GCI’s fastest, highest monthly bandwidth package to $179.46 per month!  That’s actually the cost they quoted me on the phone, too, so at least we know their “customer service” staff are at least intelligent enough to figure out an adding machine.

Oh, and did I mention that those speeds and transfer rates are not available for standalone cable modem [subscribers]?

[…] What happens when you do go over?  BAM!  $5.12 per gig tacked on to your bill!  I don’t know about you guys, but I’m sick of getting ripped off by GCI.  Those of you who live outside of Alaska can confirm this, but GCI is just about the only cable company that still meters their customers’ bandwidth.  I have friends who tell me that they’re paying $49.00 a month for 8Mb/s transfer rate and unlimited bandwidth!

What GCI is doing is highway robbery.  How are they getting away with it?  I’ll tell you: no competition.  For very high speed broadband internet, they’re the only show in town, so they can charge whatever they want to anybody who wants more than 3Mbps (standard speed DSL service from Alaska’s other big telecom provider, the phone company).

[flv width=”478″ height=”380″]http://www.phillipdampier.com/video/KTVA Anchorage GCI Fair Internet Use Crackdown 6-2-10.flv[/flv]

KTVA-TV in Anchorage ran this report about GCI’s plans to force many of their broadband customers to pay more if they enjoy the Internet “too much.”  (3 minutes)

Time Warner Cable faces an increasing number of subscribers cutting their cable television service off, choosing to watch their video entertainment online.

Now the nation’s second largest cable company is trying to mitigate the potential damage with a series of new applications designed to bring cable television and your computer, cell phone, and iPad together.

Time Warner is getting started with the iPad, developing an application that will help cable subscribers remotely control their DVR cable box to record and manage programming.  Away from home and want to scan a program guide and record an upcoming show?  The new app will let you do it.  Need to grab some video on-demand from Time Warner?  Not a problem.  You can even start watching on your iPad and pick up where you left off from your home.

Integrating the many devices consumers use as part of their daily lives with cable television could bring the cable viewing experience back front and center among at least some subscribers.  That reduces the chance customers will decide they can do without cable TV.  Since most of Time Warner Cable’s on demand library will only be available to current cable subscribers, cutting cable’s cord also means an end to online on-demand viewing of cable-licensed programming.

Time Warner Cable's prototype iPad app

Time Warner Cable CEO Glenn Britt has repeatedly emphasized his interest in delivering cable services the way customers want, and claims the new generation of applications on the way from the cable company will provide just that.

Although Time Warner will start with the iPad, the application will quickly become available for the iPhone and iPod Touch series.  Additionally, versions for other smartphones as well as portable and home computers will soon follow.

Ironically, this integration process could drive data volumes on Time Warner Cable’s broadband network to new heights.  Video streaming alone will dramatically increase traffic.  Yet the same company that is ready and willing to provide these bandwidth-intensive services also complained about existing broadband customers “using too much” of their existing broadband service.  In the spring of 2009, the company sought to implement a 40GB usage limit on some its broadband customers and charge up to three times more — $150 a month for unlimited access.  At the time, Britt and other company officials blamed the burden of online video and other usage-intensive applications for spiking the demand on their network.

Customers may wonder whether Britt’s new enthusiasm for online video means he recognizes their network has plenty of capacity to support unlimited access or is looking for a new excuse to justify a return to Internet Overcharging schemes.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Time Warner Cable iPad App.flv[/flv]

Time Warner Cable CEO Glenn Britt, CTO Mike LaJoie, VP of Web Services Jason Gaedtke and Director of Digital Communications Jeff Simmermon ponder their prototype iPad app and discuss the implications of integrating cable TV with other electronic devices.  For Time Warner Cable, it’s a matter of preserving cable TV subscribers who might contemplate cutting the cable TV cord and watching everything online.  (13 minutes)

“The World Company is complimented that a number of companies have expressed interest in its Sunflower division over the years. This continues today. There is no definitive agreement concerning Sunflower with any company at this time.” — Dolph C. Simons Jr., Chairman, The World Company

Those words were reported Wednesday in a brief story published by the Lawrence Journal-World is response to an article published by cable trade magazine Multichannel News that Sunflower Broadband was close to a sale to Knology.

The denial of a definitive agreement does not mean the company isn’t close to reaching one, which was the original claim in the article written by Mike Farrell.

The non-denial denial didn’t dampen excitement by several Sunflower Broadband customers who were delighted to learn of the potential ownership change for the usage-capping broadband provider.

Some have stayed with AT&T’s DSL service just to escape Sunflower’s pricing, which one reader called “insane.”

Another claims AT&T’s upgrades have helped improve broadband service: “AT&T service has improved greatly…not to mention the price blows Sunflower away. Though AT&T will not tell you that you don’t have to have their modems. Go to Best Buy and get a third party modem.”

However, the broader implications of a sale of the cable company are worrying some Lawrence residents pondering the future of the hometown newspaper, the aforementioned Journal-World.  Sunflower Broadband and the LJW share a common owner — The World Company.  While the cable industry remains very profitable, many newspapers are not.

Phil Cauthon added his views to the Lawrence Broadband Observer on the topic:

I can’t see how this is anything but ominous for the Journal-World. Sunflower has a been a boon to the otherwise sinking newspaper ship. Unless some of the money from this sale is set aside as a foundation to support the newspaper over the long term, I don’t see how the Journal-World survives post-Knology sale. That Dolph Simons is still alive during a sale bodes well for that kind of prospect. Otherwise, I hope the Kansas City Star sees fit to serve Lawrence as a primary market—maybe even purchasing the LJW—with more than just a page or two of “metro” coverage.

Tens of thousands of Oceanic Time Warner Cable customers across Hawaii were without Internet, cable, and phone service for up to 14 hours after an undersea TW Telecom fiber cable was cut near Lanai at around 1:10am Tuesday.

While broadband users on Kauai and Oahu managed to be rerouted after a two hour outage, residents on Maui and the Big Island endured more than a half-day outage for all of Time Warner Cable services.

The affected cable experienced an outage off Lanai Island

The impact of the fiber cut also disrupted over-the-air broadcasting — many feeds to Hawaii’s translator stations, which extend signals from Honolulu across the Hawaiian Islands, were also sent over the affected cable.

When Time Warner customers in Hawaii woke up Tuesday morning, many were left with fewer than 20 cable signals still working — those delivered via satellite, and no phone or broadband service.

The affected fiber cable is laid in water 3,000 feet deep, which means it will take weeks to manage repairs.  The cable company managed to obtain alternate connections, and some criticized the operator for not having backup service available immediately.

Restoration of services were complete around noon Tuesday for the Big Island, with Maui County getting phone and Internet service back by 3pm.

Hawaiian Telcom, Hawaii’s largest telephone company, said it wasn’t affected by the outage.

The Star-Advertiser reports the fiber cable is rented by Oceanic to communicate with their other cable operations throughout Hawaii:

Oceanic Time Warner rents bandwidth (data transmission capacity) from the fiber-optic cable, co-owned by Colorado-based TW Telecom and Wavecom Solutions, formerly Pacific Lightnet. TW Telecom was part of Time Warner Cable but became an independent entity in 2008.

Oceanic Time Warner is among 144 Maui firms that rent bandwidth from that section of the cable. That section went online in 1997, Miyake said.

When the cable was cut, Internet protocol addresses did not know which route to take back to the mainland. Oceanic crews had to reroute connections through alternate cables connecting the islands.

“We have a daisy-chain fiber connection that connects all the islands together,” said Norman Santos, Oceanic’s vice president of operations. “The main transmission point for Oceanic Cable is here on Oahu.”

Oceanic promises they will be developing additional redundancy in their network in the future to make sure they can restore service more rapidly in the event of a future disruption.

Typically, Oceanic Time Warner Cable does not give refunds unless service is out for a full 24 hours -and- customers specifically requests credit, but the company is debating whether to grant an exception this time.

“We’re going to make a determination as to if and how blanket credits will be authorized, if individual credits will be authorized, but we’re going to do the right thing,” Norman Santos with Oceanic Time Warner Cable told KHON-TV.

Customers can be in a better position to receive that credit by contacting Oceanic today and asking for it before you (and perhaps they) forget.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Time Warner Hawaii Outage 7-27-10.flv[/flv]

Every major television station in Hawaii covered the extensive service outage.  Here is a compilation of reports from KGMB, KHNL, KHON, and KITV-TV regarding the outage, its cause and impact.  (14 minutes)