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Tennessee’s ‘Girls Gone Wild’ Bill Would Punish Cable Companies Running Racy Ads

Phillip Dampier February 18, 2010 Public Policy & Gov't, Video 5 Comments

Jackson

A Tennessee state senator has introduced a bill that would fine the state’s cable companies for running racy television advertising on its cable channels.

Dubbed the “Girls Gone Wild Bill,” the legislation would hopefully curb cable operators’ willingness to run suggestive advertising, according to the bill’s author Sen. Doug Jackson (D-Dickson).

This isn’t the first go around for Jackson’s bill, having failed to pass during the last two legislative sessions.  But Jackson believes the third time is a charm, passing a vote in the Senate Commerce Committee 8-0, with one member abstaining.

The Tennessean talked with Jackson to learn why the bill was necessary:

Jackson has said he got the idea for the proposal after seeing partially censored commercials for “Girls Gone Wild” videos that show young women disrobing and acting out other sexual situations.

“They’re provocative and shocking to a lot of families trying to raise children,” Jackson said.

The bill would make any television advertisements considered “obscene” to be illegal. Obscenity, Jackson said, is not protected by the First Amendment. Under common law, it is established by community standards, and in Tennessee, each judicial district can establish for themselves what is considered obscene.

“A jury in Dickson County could determine the videos being sold are obscene, which makes it an illegal product,” he said.

The legislation has gotten Jackson plenty of attention across the state, as Tennessee media covered the unusual legislation.  But some fear Tennessee could become a laughing stock over bills like these.

Columnist Gail Kerr, also writing for the Tennessean, called the mad rush of oddball legislation a bunch of  “crazy crap”:

You can sure tell the Tennessee General Assembly doesn’t have any money to spend this year.

After a slam dunk, fast special session on education, our esteemed lawmakers have returned to their usual bad habits.

They have filed legislation that would kill Nashville’s honky tonks, debated whether to outlaw putting electronic chips in people and whether to amend the state constitution to assure you the right to catch a catfish.

Sen. Doug Jackson wants a constitutional amendment to assure every Tennessean has the right to hunt and fish. No one is trying to stop you from hunting and fishing. Jackson also is bringing back his “Girls Gone Wild” legislation, aimed at stopping the late night television commercials promoting the raunchy videos. He was inspired by watching the commercials.

One thing’s for sure, state law prevents these folks from taking campaign donations while in session. With two of them running for governor, one running for Congress and a slew up for re-election, they’ll start getting eager to adjourn pretty quick. It cannot happen too soon.

[flv]http://www.phillipdampier.com/video/WKRN Nashville Girls Gone Wild Bill 02-09-2010.flv[/flv]

WKRN-TV in Nashville reports Sen. Doug Jackson’s bill would allow communities to define certain ads on cable television obscene and have them pulled off the air.  (1 minute)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WSMV Nashville Senator-Companies Liable For Obscene Ads 2-9-2010.flv[/flv]

Some members of the Tennessee Legislature believe the state’s cable companies should not be taking money from companies peddling smut, as WSMV-TV Nashville reports. (2 minutes)

Protesting adult programming on cable and satellite television is a long-standing tradition in Tennessee.  Some elected officials even dislike the prospect of MTV running on state cable systems.  But most agree lawmakers have the biggest problem with cable’s dirty little secret — extremely explicit adult programming aired on pay per view channels.  Most cable systems don’t go out of their way to promote this type of programming, but viewers learn it is there when skimming electronic program guides.  Most adult movies have titles that leave little doubt what they offer viewers willing to purchase it, and plenty do — it’s very profitable for most cable operators.

[flv width=”480″ height=”292″]http://www.phillipdampier.com/video/WDEF Chattanooga Fowler Objects To EPB Content 11-02-09.flv[/flv]

David Fowler, a former state senator from Signal Mountain, last November denounced EPB, Chattanooga’s city-owned fiber television and broadband provider, for allowing adult programming on the lineup in the first place. (WDEF-TV Chattanooga) (11/2/2009 – 1 minute)

Time Warner Cable Investigates 14,000 El Paso Residents for Cable Theft, Local TV News Reports

Phillip Dampier February 18, 2010 Grande, Video 5 Comments

El Paso, Texas

More than 14,000 residents of El Paso are under investigation for potential cable theft.  That remarkable number comes from El Paso, Texas TV station KFOX-TV.  Reporter Martina Valverde notes that Time Warner Cable is now engaged in a city-wide system audit to identify and disconnect illegitimate cable connections.

“Our paying customers who rely on us for phone service, video service, and Internet service,” Gary Underwood, vice president of communications for Time Warner’s Texas operation told KFOX viewers. “They might not be able to access those services when they most need them because the damage that was caused further down the line.”

The company told KFOX when it discovers an illegal connection, it makes two attempts to convert the customer to legitimate service.  On the third attempt, local law enforcement becomes involved.  Those found guilty face fines of $500.

“We have what’s called a tab audit team. They go out and they look at different areas to see. We have a system of tagging and flagging on these lines to so our folks can identify an authorized versus unauthorized connection,” Underwood said.

Cable theft is not just a problem in El Paso.  Some brazen entrepreneurs go further, pretending to represent providers willing to hook customers up for a one time, flat fee they pocket.

Grande Communications faced one such individual, who last summer slapped a magnetic sign with Grande’s logo on his truck and pitched cable service to apartment complexes and homes around San Marcos, Texas.

Unwitting customers who signed up for the deal were offered special discounts by Grande when their illegal cable connection was discovered.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/KFOX El Paso Time Warner Cable Cracks Down On Illegal Taps 2-17-2010.flv[/flv]

KFOX-TV in El Paso, Texas ran this report last night claiming more than 14,000 residents were under investigation for cable theft in the community. (1 minute)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KXAN Austin Fake Cable Guy Selling Cable 7-24-09.flv[/flv]

Last summer, Grande Communications had to contend with someone illegally hooking up customers around San Marcos, Texas. KXAN-TV in Austin ran this report July 24th. (2 minutes)

The Coming Online Video War: Cable Customers Start Looking for Alternatives As Rate Increases Continue

courtesy: abcnews

Consumers are increasingly cutting down their cable packages to keep their monthly bill down

Cable television customers have finally reached their limit.  For years, annual rate increases well in excess of inflation have annoyed customers, but beyond complaining, few actually dropped service.  That has begun to change as the economy, consumer debt, job fears, and other expenses have finally provoked customers to begin paring back on their cable package.

According to research from Centris, a consumer research organization, a virtual ceiling of tolerance for cable rate increases appears to have been reached for many subscribers.  Although consumers are not dropping cable en masse, they are not simply accepting a higher bill either.  They are dropping services from their cable package.  In 2008 and 2009, premium movie channels and pay per view suffered most from customer downgrades.  Consumers with multiple premium movie channels started by dropping one or two of them, and their use of pay per view service also dropped.  As the financial impact of the recession wore on, the next round of rate increases caused additional erosion — by late 2009 many consumers discontinued all of their premium services.

The goal?  To reduce or at least maintain a consistent monthly bill.  The average amount consumers are paying for digital cable dropped from $79 a month in the third quarter of 2008 to $70 in the third quarter of 2009.  That decline didn’t come from discounts from the industry — it came from dropping channels and services. In 2010, consumers are still pruning away, now impacting digital basic cable and smaller add-ons like sports and movie tiers.  They are also phoning their provider threatening to cancel service altogether if additional discounts cannot be found.  Cable operators, not surprisingly, have managed to find plenty of savings for consumers who ask and stand their ground, ready to walk away from cable.

The cable industry has sought to promote bundled services as an anti-erosion measure.  It’s much harder to walk away from a provider supplying your television, Internet, and phone service, especially if they lock you into a multi-year service agreement with a cancellation fee.  The savings promoted from bundled services come largely as a result of steeper price increases on standalone products and services, manufacturing “added value” for so-called “triple play” packages.

Some customers have divorced from pay television service altogether, deciding relentless price increases and the 500 channel universe shoveled in their direction just isn’t worth the price.  For many American families, however, such drastic cord cutting would border on traumatic, and they haven’t managed such a drastic step.

Luckily, a growing number of consumers have discovered taking the Luddite approach to television entertainment isn’t a requirement any longer.

Cutting the Cord With Online Viewing

With the growing penetration of fast broadband service in homes across the country, online video has rapidly become one of the most popular online services, particularly when it’s available for free.  The benefits don’t stop at the cost — programming catalogs are becoming increasingly deep and diverse allowing fans to watch entire seasons of shows on-demand, with a limited commercial load.  A consumer looking for something to watch might easily find more entertainment online than wading through hundreds of cable channels of niche and re-purposed programming (and program length commercials).

Cable companies are well aware of the trend towards online video.  First considered part-curiosity, part-piracy, today online video is provided by the major American networks, cable programmers, independent filmmakers, YouTube, and of course, Hulu.  It isn’t just for those torrent sites anymore.  And there is plenty of room for online video to grow.

The industry uses research companies like Centris to carefully track subscriber trends.  They want to be out in front of any sea change in viewing practices that could impact their business model and their revenue, and avoid repeating the mistakes others made in ignoring a potential threat for too long.

Wall Street is well aware of the potential threat as well.

Craig Moffett, a cable industry analyst with Sanford C. Bernstein is among the most prominent trend-watchers for the cable industry.  He sees some warning signs for the future.

“Still no evidence of cord-cutting, but as prices spiral higher, the stresses on the system are unquestionably growing,” Moffett said.

So far, the cable industry has decided the best way to fight potential losses is to get into the game themselves on their terms.  Comcast and Time Warner Cable, the nation’s largest cable operators, are launching their TV Everywhere concepts, which provide their broadband customers with online access to a myriad of cable programming, on demand, and currently for free.  The catch?  You must be a verified, current pay television customer.  If you want to watch a basic cable show, you need a basic cable subscription.  Want to watch Bill Maher online?  You can, assuming you are a verified HBO premium television subscriber.

Comcast’s system is already up and running.  Time Warner Cable is expected to roll out their system sometime this year.

The industry is even selling the public they applaud the online video experience as a win for customers.  Time Warner Cable president and CEO Glenn Britt said, “TV Everywhere is an all-around win for those of us who love television. It will give our customers more control over content and allow them greater access to programs they are already paying for, while enhancing the distributors’ and networks’ robust business model that encourages the creation of great content.”

He didn’t say it also protects Time Warner Cable’s flank from cord-cutting.  Lose the cable subscription and your access to online cable programming goes with it.

But the question remains, is that enough to protect cable television revenue?

The answer might be no.

[flv width=”400″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Invasion of the Cable Killers 9-15-09.flv[/flv]

Bloomberg News reported on ‘The Invasion of the Cable Killers’ — new hardware that lets you bypass cable, back on September 15, 2009.  (2 minutes)

The Coming Online Viewing War: The Players Assemble

Who owns and controls programming ultimately controls the distribution of it.  Time Warner Cable took several shots at Fox a few weeks ago when threatened with the loss of Fox programming over a contract dispute.  Alex Dudley, spokesman for Time Warner Cable, told NY1 viewers much of Fox’s programming is available online for the taking, so even if the network was thrown off the cable company’s lineup, viewers could simply bypass the dispute and watch online… for free.  His message – the dollar value Fox places on its programming is diminished when it gives it away for free online.

The fact so much of network programming is available online for free is part of the dispute over how much cable operators should pay to carry networks on their cable systems.  When the industry passes along those carriage fees to consumers, will that be the last straw for some who will drop their cable subscription and simply watch everything online?

“They’re the ones who are going to resist these price increases that the programmers are trying to push,” said Dudley. “One need look no further than the music industry for an example of what happens when consumers feel taken advantage of by an entire industry.”

Dudley’s remark is more telling than he realizes.  The cable industry is well aware of what happened when the music and newspaper industry ignored nascent challenges to their business models like piracy or free access to their content.  To cable operators, the music and newspaper industries’ online experiences are lessons to be learned and not repeated.  The music industry waited too long to crack down on piracy and lost pricing power as consumers simply stole what they rationalized was overpriced.  The newspaper industry failed to erect pay walls to control access to their content, and newspaper subscribers dropped print subscriptions to read everything online for free.  Cable industry control of content and distribution is key to protecting their business model for pay television.  More on that in a moment.

Now two other parties want to be heard on this matter — consumer electronics manufacturers and advertisers.

The Roku box is popular among Netflix subscribers who want to stream TV shows and movies to their television sets

This week, Advertising Age is running a story on the implications of cord-cutting.

The magazine takes note that online viewing doesn’t require a computer any longer.  Samsung, Boxee, Apple TV, and even Microsoft, manufacturer of the XBox, are now selling devices that bypass cable television and grab online video for users, often for free.

Netflix has already managed that for a monthly fee, and is rolling out service on all sorts of devices, from a set top box that streams content from the web to your television to video game consoles, and now even builds-in the service to some televisions and Blu-Ray DVD players.  Microsoft’s XBox Live service could be germinating a cable television service of its own, as it seeks to license content from programmers starting with Disney’s ESPN.

All of these services, along with traditional laptop or home computer viewing, could evolve into formidable challengers for the pay television industry.  Oh, and some new televisions on offer at this year’s Consumer Electronics Show build in support for Skype, a Voice Over IP telephone service, so phone revenue could be at risk as well.

Advertising Age believes this could be one of the entertainment industry’s biggest business battles of the next few years as millions, if not billions of dollars are at stake.

For the moment, the public face of the debate is a combination of downplaying its potential impact while the players quietly position themselves and their assets for the fight certain to come.

Both Dudley and Britt at Time Warner Cable call the potential trend towards online viewing interesting, but not much of a threat at the moment.

“We see some interesting stuff out there, but right now people are watching more TV than ever; cable-cutting is largely on the fringe,” said Dudley.

“A lot of manufacturers have come out and made announcements, but I don’t think they really are in a position to erode the pay-TV subscriptions that the cable industry has today,” said Park Associates research analyst Jayant Dafari.

“For many people, cable works just fine; the quality is great; the DVR functionality is great; the only gripe they have is that they’re paying for it,” Boxee’s founder and CEO Avner Ronen told Advertising Age. But “there is a growing generation out there where the whole definition of entertainment is changing, and their main source of entertainment is the internet.”

[flv]http://www.phillipdampier.com/video/CNBC Wii At the Movies 1-13-10.flv[/flv]

CNBC covered last week’s announcement of a partnership between Nintendo and Netflix to provide Netflix on the popular Nintendo Wii, in this exclusive interview with Reed Hastings, chairman and CEO of Netflix and Reggie Fils-Aime, Nintendo of America president & COO (January 13, 2010 – 5 minutes)

‘If It Becomes A Problem, We’ll Just Cut Them Off

The cable industry is in a comfortable position to leverage its control over programming and distribution to ultimately limit any competitive threat from online viewing.  In addition to mega-deals like Comcast’s acquisition of content-rich NBC-Universal (a partner in Hulu), the cable industry owns, controls, or can leverage carriage of its cable lineup contingent on programmers not giving away too much for free.  Advertising Age:

One tech exec, who asked not to be named, predicted that the minute cable operators start to feel the disruption, they will clamp down and use their market power to keep TV and films from seeping into next-generation devices. They’re already putting the squeeze on networks; any free distribution is an argument for lower cable distribution fees.

Stop the Cap! is also a player in this struggle, because a key component of the cable industry’s control of programming is the means it is distributed to consumers, and cable modem service representss one half of the duopoly most Americans find when shopping for broadband.  One potential strategy to eliminating the cord-cutting option is to enact Internet Overcharging schemes like usage limits and consumption billing that effectively makes it impractical for a consumer to “switch” to broadband for all of their online viewing.  Switching to the other half of the duopoly may not be an alternative. As online video projects like TV Everywhere will also be available to telco TV partners who wish to participate, there is every incentive to also limit video consumption on Verizon’s FiOS or AT&T’s U-verse systems.

Effective competition against entrenched players in the marketplace is impossible if those players control the content, the means of its distribution, and the ability to cut you off if you watch too much or switch to an independent competitor.

But this is history repeating itself.  Many of the same players and interests followed the same protectionist path against another competitor – satellite television.  It took strong regulatory policy from Washington to force a fair and level playing ground for an industry that didn’t want to sell content to its competitors, overcharged for access, and kept effective competition at bay for years, all while happily increasing rates for beleaguered consumers.

Here we go again.

Rogers Introduces ‘On Demand Online,’ But Effectively Rations Your Use With Usage Caps

Phillip Dampier November 24, 2009 Canada, Data Caps, Online Video, Rogers 4 Comments

rogersRogers Communications wants you to watch television on your broadband service, but not too much.  The Canadian cable company’s On Demand Online service was previewed Monday at a media event with plans for a public launch on November 30.

On Demand Online will showcase specific television shows as well as the entire lineup of certain channels.  The service has more than a dozen partner networks providing programming, among them TVOntario, Treehouse, Citytv, SuperChannel, and Sportsnet.

Premium programming will be available to Rogers subscribers who also receive those networks as part of their cable television package.  No cable TV package?  No access for you.  (Update: Rogers says it will offer the service to customers of any Rogers service.)  For now, company officials say the service will be available for no additional charge, but will be ad-supported.  Using On Demand Online will count against your usage cap/consumption billing allowance.  The service offers two speeds for viewing – a low resolution 480kbps feed and a higher resolution 1Mbps feed.  Rogers intends to increase the quality of the high resolution service to 2-2.5Mbps in the near future.

Rogers rations your online TV experience with usage allowances that make sure you don't spend too much time online watching shows you should be viewing on your Rogers cable TV service.

Rogers rations your online TV experience with usage allowances that make sure you don't spend too much time online watching shows you should be viewing on your Rogers cable TV service.

Rogers’ usage allowances, a part of their well-established Internet Overcharging scheme, will make it difficult for those already spending a lot of time online to enjoy the service.  Watching the current high speed, higher resolution feed could exceed 1GB of usage in just over two hours according to Digital Home.  That drops in half when Rogers upgrades the quality of the feed.

Customers who blow through their allowance face overlimit penalties and fees on their next bill.

Qualified subscribers will access the service through Rogers’ broadband web portal using established account names and passwords.  While the service will work “on-the-go,” Rogers says it will be keeping an eye out for password sharing and will also impose any viewing limitations required by content producers.  That could mean what is okay to watch in Ontario is not okay in Alberta, due to licensing issues.

Stop the Cap! reader Ibrahim in Toronto wonders how Rogers expects to get a lot of customers excited about a service that will help erode their monthly usage allowance.

“Isn’t is fascinating that Rogers wants to effectively charge you for every hour you watch online when you’ve already paid for the channel on your monthly cable bill?  What’s next, a meter on top of the television set demanding a quarter for every 15 minutes of viewing?” he asks.

Susan in North York wonders why she’ll have to pay for every ad.

“When I read about this service, I thought we were finally going to get something like Hulu here in Canada, but with usage-based billing, who is going to use up their allowance watching shows with ads all over them — ads I am now going to pay to watch,” she wonders.  “I guess it’s newsgroups for me — I can download my shows without ads and pay less.”

While the program content can be fast-forwarded or rewound, commercial advertisements on the service cannot be skipped or hurried through.  Initially, the service is expected to show just one ad per program, but Rogers intends to eventually run the same number of ads consumers would find if watching the program live on television.  With up to 12 minutes of advertising per hour, that also helps slowly eat away your monthly allowance.

What are the monthly usage allowances for Rogers Hi-Speed Internet service?

Ultra Lite – 2 GB
Lite – 25 GB
Express – 60 GB
Extreme  – 95 GB
Extreme Plus – 125 GB

Please note: The grandfathered Ultra Lite and Lite monthly usage allowance is 60 GB. Also, Rogers Portable Internet and dial-up services do not have usage allowances at this time.

Will I be charged if I go beyond my monthly usage allowance?

Yes. If you exceed your monthly usage allowance, you will be charged as follows:

Ultra Lite – $5.00/GB to a maximum of $25.00
Lite – $2.50/GB to a maximum of $25.00
Express – $2.00/GB to a maximum of $25.00
Extreme – $1.50/GB to a maximum of $25.00
Extreme Plus – $1.25/GB to a maximum of $25.00

Please note: the grandfathered Ultra Lite over-allowance fee is $5.00/GB with no maximum, and the grandfathered Lite over-allowance fee is $3.00/GB with no maximum.

Storm Clouds Gather Over Comcast-NBC Deal: Opposition from Consumers, Views from ‘Darth Vadar,’ Stonewalling from Vivendi

Phillip Dampier November 23, 2009 Comcast/Xfinity, Public Policy & Gov't, Video 1 Comment
Edward Wasserman

Edward Wasserman

The Comcast-NBC deal that would bring one of the nation’s largest television networks under the control of the nation’s largest cable operator has not enjoyed the smoothest sailing since the deal was first rumored more than a month ago.

Consumer advocates oppose the deal because it would give Comcast too much control over the video content it would now own, and some industry leaders suggest the era of integration is over, warning bigger is not always better.

“The only beneficiaries of this deal are the industry titans who already enjoy too much market power,” said Josh Silver, executive director of Free Press.  Free Press is mounting a national campaign for consumers to become involved and help block the deal.

“If this deal goes through, Comcast would have control of marquee content and three major distribution platforms: Internet, broadcast and cable,” Silver said. “We’ve never seen this kind of consolidated control across so many platforms.”

Edward Wasserman, Knight professor of journalism ethics at Washington and Lee University, penned a scathing review of the proposed deal.  “Stop Comcast’s Power Grab” quotes a bitter Ted Turner, who saw his media empire fall from his control several years ago under the super-structured AOL-Time Warner deal:

“Big media today wants to own the faucet, pipeline, water and the reservoir. The rain clouds come next,” Turner wrote in a Washington Monthly article five years ago indicting big corporate media control.

The concept of vertical integration in media involves companies owning as much of the content and distribution as possible.  In a best case scenario, one company would control every element, from the production to the sales and distribution of that content.  The more you control in-house, the less you have to pay or answer to someone else.  Wasserman picks up the story:

And vertical integration is why Comcast, the country’s biggest owner of cable systems, the company that decides which networks reach one of every four U.S. homes, is drooling over NBC Universal. The deal, if it happens, would be a staggering one.

NBCU, in short, is a mammoth content machine. And, Comcast, though chiefly an immensely rich operator of cable pipes, isn’t just the $34 billion-a-year utility whose bill you bellyache about every month. It, too, covets content. It tried to buy Disney in 2004, and it owns all or part of 20 cable networks, including E! Entertainment Television, Style, G-4, the Golf Channel and a bunch of national and regional sports channels.

And now it wants NBCU. One analyst estimated that combining the content arms of the two companies would bring roughly one-quarter of the country’s TV programming under a single owner. Another said the merged entity would control one of every five hours of programming.

[…]

The usual objections to such deals have to do with the outsized economic clout the resulting colossus would wield. Scale emasculates market discipline. When you control access to 24 million homes, you aren’t ruled by prevailing prices, you set them. Recession? Comcast is squeezing $6 more per household now than it was a year ago, and its profits were up 22.5 percent last quarter.

Very nice, but when you own the programs, too, you can make sure your networks get delivered even when that means elbowing other producers aside. You can strong-arm your competitors — satellite companies, for instance — by threatening to withhold popular networks or forcing them to carry the dogs as well. You can cut deals with other distributors who want the shows they control flowing through your pipes. You get your way.

Naturally, you’ll resist innovation unless you control it. Comcast would get a 30-percent stake in Hulu, the upstart distributor of first-run Hollywood programming via the Internet — a huge potential threat to cable operators. Subscription cable is Comcast’s bread and butter, and a business that makes $944 million on quarterly revenue of $8.8 billion is some business. Comcast will make sure that online’s future doesn’t endanger its own.

[…]

The whole point of vertical integration is to secure unfair advantage, to unlevel the playing field. And besides, since when is avoiding the worst the best we can hope for? It has been longstanding public policy to encourage localism, diversity and competition in the media business. It’s time to dust off that policy and give it some teeth by blocking this ridiculous and dangerous deal.

CNBC’s John Faber got some industry insider perspective from Dr. John Malone, a power player in the cable television industry during his reign at Tele-Communications, Inc., which used to own cable systems now largely a part of the Comcast empire.

Dr. John Malone

Dr. John Malone

As far as Malone is concerned, this deal could herald a radical transformation away from traditional broadcasting models and “free TV.”

Malone believes America could be on the verge of dumping traditional broadcast network-local affiliate distribution of programming and switching to a “cable-centric” model where television programming is no longer distributed for free over broadcast television, or perhaps a hybrid approach where half of today’s television networks become cable/broadband-only.

He believes the government could be persuaded to support such a model if it meant returning broadcast spectrum back to the government for resale to the highest bidder, presumably for wireless broadband applications.

Malone’s vision leaves big vertically-integrated players like the broadcast networks and cable operators as big winners, owning and controlling programming, distribution, and all of the advertising slots, and cutting local television stations out of the deal.

Losers?  Independent local television stations and viewers that eschew pay television services like cable and satellite and rely on free over-the-air broadcasting.  “Free” may be an unsupportable business model, at least in Malone’s world view.  As many television stations are independently owned and operated, their concern for future viability is also sure to be an issue in the deal, Malone tells Faber.

Malone’s remarks are nothing unusual for the controversial cable mogul.  Al Gore once referred to Malone as the “Darth Vadar” of cable, leading a cable Cosa-Nostra with an agenda of a monopolist bent on dominating the television marketplace.

[flv]http://www.phillipdampier.com/video/CNBC Faber Report John Malone 11-23-09.flv[/flv]

Dr. John Malone talks about the Comcast-NBC Universal deal in this CNBC Exclusive with John Faber, aired earlier today. (4 minutes)

VivendiFor any deal to consummate, Comcast and NBC Universal need the consent of Vivendi, the French conglomerate which now finds itself in the catbird seat.  The Paris-based media concern is asking for several hundred million dollars more than NBC-owner General Electric is prepared to part with, sources tell today’s Wall Street Journal:

GE has offered Vivendi something in the neighborhood of $5 billion for its stake, according to people familiar with the matter. That is lower than the value implied by the deal GE has tentatively negotiated with Comcast. The GE-Comcast deal would value NBC Universal at about $30 billion. Allowing for debt that NBC Universal now carries, that value would imply Vivendi’s equity stake is worth somewhat less than $6 billion.

GE is offering Vivendi less than the value implied by its Comcast deal because it believes Vivendi wouldn’t be able to fetch as much through a public sale that it also has the right to pursue, according to people familiar with the talks.

Vivendi, meanwhile, has asked for a price somewhere from the “mid-five” billion dollars to closer to $6 billion, according to people familiar with the matter. Two people familiar with the matter said GE and Vivendi were within about $500 million in price.

Vivendi has also asked for deal guarantees, according to people familiar with the matter. Those guarantees could include GE paying for at least part of its stake before any Comcast agreement closes. Vivendi doesn’t want to assume the risk that GE’s deal with Comcast could be blocked by regulators in Washington, or could otherwise fall apart, according to a person familiar with the matter.

Most deal-watchers predict Vivendi will eventually part with its stake after it gets what it wants.

One of the Journal‘s sources said it was unlikely those working out the deal would let “a few hundred million” stand in the way.

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