Prism is CenturyLink’s fiber to the neighborhood service, similar to AT&T U-verse.

CenturyLink is feuding with the mayor of Colorado Springs, Colorado over whether or not the company intends to roll out its Prism IPTV service in lower income neighborhoods in the city.

The phone company is planning expansion of its fiber-to-the-neighborhood television service in Colorado for the first time, but has run into problems negotiating a franchise agreement with city officials that guarantees equal access to the upgraded broadband, phone, and television service.

“To be candid, CenturyLink does not want to put in the franchise agreement any specificity as to serving lower-income neighborhoods,” Mayor Steve Bach said last Wednesday during a meeting with City Council. “I don’t know about you, but that doesn’t work for me.”

CenturyLink wants to secure a franchise agreement that will permit the company to gradually roll out their Prism service to 22 percent of the city of Colorado Springs. But the company has refused to commit to a specific percentage of homes in lower income neighborhoods the company will wire for the new service.

Bach has the apparent support of incumbent cable operator Comcast, who seems in agreement CenturyLink should deliver its service equitably across the city.

Comcast spokeswoman Cindy Parsons told The Gazette any new cable company should be held to the same standards as Comcast was.

“Just as Comcast was required to make video services available throughout the city, we believe a new entrant into the video business should also be held to those same regulatory requirements,” she said.

“I honestly thought we had reached an understanding about the language that was to be included in the agreement,” Mary LaFave, CenturyLink’s director for public policy told the newspaper. “What we have discussed with the city is something that we have never discussed (in other communities). I’ve never seen it before.”

Bach

The newspaper last week met with CenturyLink executives to discuss the dispute and found them to be unaccommodating.  The newspaper issued an editorial critical of CenturyLink’s apparent unwillingness to get specific:

To lay fiber, the company needs to use public right-of-way. That means it needs permission of city government, in the form of a franchise agreement.

Allocation of right-of-way is a subsidy, given that companies are granted permission to use a public resource in pursuit of profits. As such, some politicians take quite seriously any request for an agreement.

Mayor Steve Bach went public this week with a concern that CenturyLink might choose to serve only the most affluent neighborhoods, giving no assurance to the city that it would invest in less advantaged areas. His concern has led to a proposed agreement in which CenturyLink would provide a “significant” amount of service to low-income areas.

[…] “What we have discussed with the city is something that we have never discussed. I’ve never seen it before,” said Mary LaFave, CenturyLink’s director for public policy.

Welcome to the new Colorado Springs. We don’t try to match best practices elsewhere. We try to surpass them.

In our meeting, a Gazette editorial board member expressed concern about a contract that relies on the wiggle word “significant.” That could mean 10 percent to some, 80 percent to others. It’s a recipe for potential consternation and even litigation. We suggested a contract that specified a percentage of service, even a very low percentage, to low-income neighborhoods. LaFave said no way.

Low-income households often buy cable. So Bach’s concern may be mostly political, as market demand will likely cause CenturyLink to reach into a cross section of neighborhoods.

Given this likelihood, and the heartfelt assurance that CenturyLink will serve a broad socioeconomic spectrum, it is hard to understand why the company balks at committing to a base-level percentage.

We urge City Council and Bach to approve a business-friendly agreement with a specified safety-net percentage of service that will go to low-income households. Set a number slightly below CentryLink’s anticipated service to low-income areas, but achieve contractual specificity.

When local government trades in right-of-way, it allocates a resource that belongs to every resident of Colorado Springs. A reasonable effort to protect them, with a contract that codifies at least the minimal goals stated by CenturyLink, makes good business sense. This is not just any old town, and it should not settle for just any old contract.

CenturyLink was already awarded a cable franchise in Monument and is seeking franchises in Fountain and unincorporated El Paso County. The company currently operates Prism in eight cities nationwide.

In the eyes of many entertainment executives, pressing fast forward to skip past commercials recorded by your DVR is a crime, and they want it stopped.

We’ve made progress. In the 1970s and early 1980s, those same executives were arguing recording a television show itself was a crime.

The copyright infringement wars continue, beyond college students facing ruinous lawsuits from the recording industry or movie studios sending a blizzard of subpoenas to Internet Service Providers seeking the names and addresses of those suspected of using file swapping networks.

With the increasing concentration and combination of entertainment conglomerates, the reflexive need to “control” the medium and means of distribution is gaining a receptive audience in Washington and in the courts, threatening to influence what you can and cannot do with the programming you pay to watch.

The impact is also weighing on innovative new technology from small companies like Aereo and much larger ones like Dish Network that have attempted to launch new services that challenge the conventional ways Americans watch entertainment. The result for all concerned: lawsuits designed to stifle anything the media business perceives as an imminent threat.

Dish Network has a new DVR box that can automatically skip past commercials on selected networks. The satellite company’s new “Hopper” DVR automatically records eight days’ of prime time programming from the four major American broadcast networks, analyzes the programming to find commercials, and allows subscribers to watch the recorded shows “ad-free” just hours after the original broadcast.

Major entertainment moguls immediately denounced the feature as criminal theft.

“If there were no advertising revenues, the free broadcast television model in the United States would collapse,” wrote an alarmed News Corp. (owner of FOX Broadcasting) in its complaint filed in Los Angeles federal court. That network also accuses Dish of violating their contract with FOX and copyright infringement.

“Of course, you know this means war.” — Dish’s new AutoHop feature raises the ire of the entertainment industry.

“This service takes existing network content and modifies it in a manner that is unauthorized and illegal,” CBS said in a prepared statement, echoing earlier statements that have historically argued recording, modifying, or re-purposing broadcast content in any way is automatically a violation of federal law, copyright, or the terms and conditions under which the network makes programming available for viewing.

NBC and ABC filed their own complaints against the technology as well.

Technically speaking, subscribers who pay a cable or satellite provider for television programming are already paying extra for the programming they are watching, negating the usual arguments commercial sponsorship covers the cost of watching “free TV” (that isn’t always free) and skipping commercials is the same as stealing.

Commercial television business models in the United States increasingly rely on “retransmission consent” fees — money paid by your satellite, cable, or phone company to the programmer for permission to carry a channel on their lineup. Virtually all of those fees are passed along to consumers as part of their monthly bill.

Some station owner groups are willing to play extreme hardball to get viewers to pay up -and- win the right to put a piece of tape over their fast forward buttons to keep them from skipping commercials on their stations.

Dallas-based Hoak Media is an example. Viewers in Panama City, Fla. were without WMBB-TV, the Hoak-owned ABC affiliate, on Dish Network for a week. Hoak Media pulled the plug on viewers earlier this month after Hoak demanded a 200% increase in retransmission consent payments and the disabling of Dish’s AutoHop commercial-skipping technology. Thirteen other Hoak stations around the country were also pulled off the satellite TV service.

“WMBB and Hoak don’t respect customer control — they are telling customers they must watch commercials,” Dave Shull, senior vice president of programming for Dish, said in a news release. “Channel skipping has been around since the advent of the remote and we think Hoak has taken an incredibly hostile stance toward their viewers.”

WMBB’s station management appeared caught off guard by their owners back in Dallas. WMBB General Manager Terry Cole admitted he didn’t even know about the AutoHop feature Hoak was demanding be disabled. A week later, the dispute appeared settled and the stations were back on Dish.

Entertainment executives are hopeful their deep pockets and industry partnerships with content distributors will ultimately win the day. They have a few things they can count in their corner.

In 2002, some of the same companies protesting Dish filed suit against ReplayTV, which had its own automated commercial skipping technology. The case dragged its way through the courts, with mounting legal expenses eventually forcing ReplayTV out of business. Problem solved.

The use of deep pockets have also intimidated other innovative ventures such as Aereo, which delivers over-the-air New York City stations online to a paying local subscriber base.

Innovation like that is also a concern to the cable industry, which itself has been around since the 1970s. Developing an online alternative to the local cable company puts cable TV executives in the same position entertainment industry executives live to fear: a threat to the business model that has earned billions in profits. In those terms, some cable operators seem willing to support the entertainment industry, even at the expense of their own customers.

That may explain why Time Warner Cable applied for, and won, their own patent for technology that disables fast-forward functionality on digital video recorders.

“Advertisers may not be willing to pay as much to place advertisements if they know that users may fast forward through the advertisement and thus not receive the desired sales message,” the cable company explains in its patent application. “Content providers may not be willing to grant rights in their content, or may want to charge more, if trick modes are permitted.”

The technology would look for digitally embedded cue tones, which are today used mostly to let local stations and cable operators insert their own local advertising messages on a network feed, to block fast forwarding past those ads.

Time Warner Cable is not likely to implement the technology anytime soon, not if they expect customers to continue to pay well over $10 a month for a recording device that won’t allow them to skip commercials.

Comcast is taking a different approach, considering plans to insert billboard advertising messages that automatically appear on-screen whenever a customer hits their fast-forward button. Broadcasters and networks have no love for that feature either, claiming it changes the programming the consumer recorded and represents… yes, copyright infringement.

Courts will once again have to find a balance between consumers’ home recording rights and the rights of large entertainment and cable companies. With more courts increasingly favorable to the notion of corporate rights enjoying equal prominence with those of citizens, who ultimately wins the right to your fast forward button remains a toss-up.

Time Warner Cable and other Texas cable operators are now free from their obligations to Texas towns and cities after winning a victory by default in the U.S. Supreme Court that invalidates local cable franchise agreements across the state.

By refusing the hear a case filed by the Texas Public Utility Commission, the court let stand a lower court ruling that found Texas franchise laws discriminated against cable operators by holding them to local agreements its competitors never had to sign.

At the behest of AT&T, in 2005 the Texas state legislature passed a statewide franchise law that would allow the phone company to apply at the state level for permission to operate its U-verse cable system anywhere in Texas. But the law also compelled incumbent cable operators to remain committed to their existing local franchise agreements until they expired.

The Texas Cable Association, a statewide cable lobbying group, and Time Warner Cable filed suit in federal court challenging the law, winning their case when it reached a federal appears court in New Orleans. The appeals court judge ruled the Texas law discriminated against “a small and identifiable number of cable providers.”

Under the court’s ruling, Time Warner and other cable operators are free to tear up their franchise agreements in cities like Irving, Dallas, and Corpus Christi. In practical terms, the court ruling could allow cable operators to stop supporting local public, educational, and government access channels, reduce franchise fee payments to local communities, and stop providing discounted service to public institutions.

The “statewide video franchise” is a concept heavily pushed by both AT&T and Verizon because it reduces the number of communities phone companies have to negotiate with to provide video service. It also allows company lobbyists to specifically target a handful of state officials that end up with the responsibility of monitoring cable systems in the state. That is much easier to manage than dealing with dozens, if not hundreds, of individual community governments to win permission to serve different areas on different terms.

Unfortunately, critics contend the agreements remove local control and oversight of cable operations, and also cuts into franchise fee payments to local communities, because many states routinely keep up to half of all franchise fees for state government coffers.

The cable operators involved in the case did not blame the state for the provision in the law that kept them “hobbled” under their pre-existing local franchise agreements. Their court papers instead put the blame at the feet of lobbyists for AT&T, which they say has continued to heavily lobby officials to enact policies that disadvantage cable companies like Time Warner Cable in Texas.

Time Warner Cable is rolling out a new look to its online program guide and set top box menus after ongoing criticism from customers who found the old look hard to read and software cumbersome to use.

Central New Yorkers woke up this morning to the upgraded look, which the company says now features a sleeker and more modern appearance. It also adjusts the color scheme to make on-screen text easier to read and channels easier to find.

Set top box software is criticized even by cable executives, who call the often-proprietary software outdated and difficult to update and manage. Some cable operators have licensed set top box software from TiVo, while others are switching to an IP-based “web”-like experience that can offer viewers more detail and a customized appearance.

Ultimately, some cable executives would like to see the back of set top boxes altogether, hoping future technology upgrades will let viewers access cable programming and features from hardware built-in to modern televisions.

Time Warner Cable CEO Glenn Britt is among them.

“I hate set-top boxes,” Britt said in a recent interview.

[flv width=”432″ height=”260″]http://www.phillipdampier.com/video/YNN Syracuse Time Warner Cable makes changes to onscreen guide 6-4-12.mp4[/flv]

YNN Central New York reports on the latest update to Time Warner Cable’s Navigator set top box software, unveiled early this morning in the Syracuse area. (1 minute)

This scrap copper wire is as good as gold

While telephone companies continue to suffer repeated outages from copper wire thieves, the growing problem of copper theft has now begun to impact cable-TV providers and even electric service in some areas.

Over the Memorial Day holiday, thieves were busy stripping phone, cable, and electric wiring from utility poles, underground conduit, and even buildings. Windstream suffered significant losses in the greater Tulsa area late last week when thieves sliced through wiring supporting phone, television, and broadband service, quickly spooling it up on pickup trucks to be hauled to copper recyclers, often to finance drug habits.

Windstream reports the problem of copper wire theft is growing and becoming more widespread, especially in out of the way places where thieves are not likely to be caught in the act. The Tulsa-area copper capers are characterized as semi-professional because thieves are starting to use professional tools to quickly slice through wiring and can scoop up 1,000 feet or more of cable in minutes.

Copper theft has even become a problem in office parks, where thieves are stealing high voltage electrical cables, often at the point where they attach to buildings. One Albuquerque radio station was off the air for nearly 14 hours after thieves ripped the radio station’s electrical wiring right off the building and out of the underground conduit.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KOKI Tulsa Thieves cut copper and knock out cable 5-25-12.mp4[/flv]

KOKI in Tulsa takes a look at the latest wave in copper cable theft — stealing cable television -and- telephone wires that disrupt phone, TV and Internet service all at once. (Warning: Loud Volume) (2 minutes)

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/KOB Albuquerque Copper thieves knock local radio station off the air 5-30-12.mp4[/flv]

KOB in Albuquerque talks with a nearby radio station taken off the air when cable thieves cut the building’s electrical wiring and yanked some of it right out of the ground.  (2 minutes)