Fox Television’s over the air signal may be scrambled and available “only by subscription” if the courts do not reverse their decision to allow an upstart television streaming service to continue operations while a broadcaster-backed lawsuit works through the legal system.

Aereo has been streaming New York City local stations to area residents that lease a tiny dime-sized antenna and receive the stations via the Internet. Broadcasters consider Aereo an end run around copyright law and retransmission consent fees paid by cable, satellite, and telco-TV operators. With millions in licensing fees at stake, several networks immediately filed suit to force the service to suspend operations.

But the 2nd Circuit Court of Appeals ruled in a 2-1 decision last month that Aereo’s streaming service did not represent a “public performance,” meaning the company was not infringing on the copyrights of broadcasters. Until a final court ruling is made, Aereo can continue operating, the judges ruled.

That decision prompted a hissy fit by News Corporation’s president and chief operating officer, who declared he is considering turning the Fox television network into a subscription-only service, potentially meaning the service would be scrambled and unavailable for free over-the-air in the future.

“Aereo is stealing our signal,” Chase Carey said at the opening of the National Association of Broadcasters’ convention is Las Vegas last night. “If we can’t have our rights properly protected through legal and governmental solutions, we will pursue business solution. One solution would be to take the network and make it a subscription service. We’re not going to sit idly by and let people steal our content.”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/Bloomberg News Corp to Take Fox Off Air If Courts Back Aereo 4-8-13.flv[/flv]

Bloomberg Television explores Fox’s “nuclear option” of scrambling its broadcast outlets and forcing all Americans to pay for its content. (2 minutes)

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/CNN Money Aereo TV 3-13.flv[/flv]

CNN Money explains Aereo and its threat to the traditional broadcast retransmission consent fee system that has made over-the-air networks highly profitable with subscriber fees paid by your cable, satellite, or telco-TV provider and passed on to you in the form of higher cable or satellite bills.  (2 minutes)

The head man in charge at Cable One of Natchez, Miss. admits the local cable system he runs is old and outdated and needs significant upgrades to improve service.

Cable One General Manager John Hilbert told an audience at a public hearing last week that many of the complaints Cable One’s customers in the area are making are simply not ones the company can fix.

While Hilbert’s candid admission may have refreshed an audience used to getting empty promises from providers, Hilbert has been in charge of the cable system in Natchez for several years and is just now discovering that “a lot of the problems with telephone and Internet service stem from old and outdated infrastructure.”

Cable One is preparing what it calls a $500,000 “reinforcement project” to replace and update wires and other equipment.

City officials listened carefully to Hilbert, because the community has been up in arms about the poor service Cable One has been providing western Mississippi. The city and the cable operator are currently negotiating a franchise renewal agreement.

One former judge complained her Cable One phone service has often failed, sometimes for up to three days. The local electric utility said it has lost thousands of dollars over the last few weeks because Cable One’s Internet service has gone offline.

“When I’m sitting here losing money when I know I shouldn’t be, I have a serious problem with that,” Natchez Electric Manager Ricky Long told the Natchez Democrat.

In 2014, customers are likely to face more challenges when the company switches to an all-digital lineup, requiring customers to get a set-top box for every television in the home.

Phillip Dampier

The Wall Street Journal’s not-living-in-the-real-world editorial page strikes again.

The commentary pages have always been the weakest part of the Journal, primarily because they screech pro-corporate talking points in contrast to the more balanced reporting in the rest of the newspaper.

Mr. Holman W. Jenkins, Jr. decided to distort broadband reality (again) in yesterday’s edition with a glowing commentary on how wonderful broadband providers are in his piece, “Springtime for Broadband.” The only thing missing was a border in fine print labeled, “Sponsored by Verizon, AT&T, and your cable company.”

While your Internet bill is being hiked at the same time your provider is slapping usage limits on your connection, Jenkins dismisses consumer-fueled complaints about broadband price gouging, assaulting Net Neutrality, and overall poor customer service as part of Washington’s “broadband policy circus.”

Charges fly hourly that Google or some other company is guilty of gross insult to net neutrality (that sacred principle nobody can define). Oregon Sen. Ron Wyden has introduced legislation to regulate data caps and Internet pricing. Law professor Susan Crawford, until recently a White House technology adviser, clearly craves to be America’s next go-to talking head on broadband. Lately she’s been everywhere calling for a crackdown on the competing “monopolists” who supply Internet access.

How dare they complain, decries Jenkins in a robust defense of the 21st century version of the railway robber barons.

Comfortably playing patty cake with provider-fed talking points from the industry echo chamber, Jenkins is ready for battle, facts or not.

But wireless providers have invested big money to deploy high-speed mobile networks, and fixed and mobile are inevitably beginning to compete. The latest evidence: Australia recently predicted that up to 30% of households will go the all-wireless route and won’t be customers for its vaunted national broadband project.

Jenkins

Not exactly. The basis for this 30% figure is the National Broadband Network’s own business plan, which warns –if– the company raised prices to a maximum theoretical level, up to 30 percent of its customers would rely on wireless instead… by the year 2039. That is 26 years from now. You have nothing better to do in the meantime, right?

In fact, conservative critics of the fiber network, some defending the big wireless cell phone industry in Australia, have suggested fiber optics is a big waste of money because “wireless is the future.”

That old chestnut again.

“Now you can present a bulletin without touching a typewriter … it’s just there on the computer system, you don’t need a reel to reel tape recorder. I’ve got a touchscreen in front of me. Back then I had a big cartridge deck,” said Ray Hadley on 2GB radio. “Can you imagine the advances in technology in the next 26 years? I can’t. I can’t comprehend it. By the time they finish the NBN, it could be superseded by something we don’t even know about.”

NBN Myths, a website set up to tackle the disinformation campaign from political and industry opponents has one simple fact to convey: “Despite what you may have read from certain clueless commentators, there is not a single country or telecommunications company anywhere in the world that is attempting to replace fixed networks with wireless in urban areas, or even planning to do so in the future.”

Which would you rather have?

Even Telstra, the biggest telecom company in Australia scoffs at such a notion, noting a growing number of its customers have both wired and wireless service, and they do not depend on one over the other.

Research firm Telsyte found that 85 per cent of Australians want speeds of 50Mbps or higher, speeds impossible for wireless to offer. In fact, when the NBN fiber network became available to Australians, almost half the current users as of October last year had chosen an even-faster 100Mbps plan option. But Australians also want mobile broadband, and they are signing up for that as well.

The Australian Bureau of Statistics notes the number of mobile broadband Internet connections also grew by around 40% in Australia between 2009 and 2010. But here is the Achilles heel of wireless: it cannot deliver the same speeds or capacity, and providers charge high prices and deliver low usage caps. As a result, the wireless industry has pulled off a coup: they earn enormous revenues from networks they have successfully rationed. The total amount of data downloaded over Australia’s wireless networks actually fell on a per user basis, despite the growth in customers.

Much of Jenkins’ commentary is spoon-fed by the industry-funded Information Technology and Innovation Foundation, which produces industry-sponsored studies designed to tell America all is well in our broadband duopoly.

In the latest federal survey, the average broadband speed in America is up to 15.6 megabits per second, from 14.3 a year earlier. Nearly half of customers who six months ago made do with one megabit or less have now moved up to higher speeds. Since 2009, the U.S. has gone from 22nd fastest Internet to the eighth fastest.

The 15.6Mbps figure comes from the Federal Communications Commission. The statistics about our global speed ranking come from Akamai’s voluntary speed test program. Other studies rate America much lower. More importantly, while providers in the U.S. try to squeeze out more performance from their copper networks, other countries are laying speedier fiber networks that are destined to once again leapfrog over the United States. Most charge less for their broadband connections as well.

Jenkins also quotes the ITIF which touts 20 million miles of fiber were laid in America last year. But the ITIF, when pressed, will admit the majority of that fiber was “middle mile” connections, institutional or business network fiber you cannot access, or fiber to cell towers. Fiber to the home expansion has stalled, primarily because Verizon has suspended expansion of its FiOS network to new areas after Wall Street loudly complained about the cost.

Jenkins argues that if we leave providers alone and stop criticizing their growing prices, declining competition, and fat profits, the marketplace will suddenly decide to invest in network upgrades yet again.

“The day may come when even Verizon, which visibly soured on its $23 billion FiOS bet, rediscovers an urge to invest in fixed broadband infrastructure to meet growing consumer lust for hi-def services,” writes Jenkins.

Would Wall Street rather see providers invest in network upgrades or return profits to shareholders? Investment expansion in the broadband industry comes when a company senses if they do not spend the money, their business will be swept away by others that will. Cable broadband threatens telephone company DSL, so AT&T cherry-picked communities for investment in its half-measure U-verse fiber to the neighborhood network. Google Fiber, should it choose to expand, will be an even bigger threat to both cable and phone companies. Municipal fiber to the home networks upset the incumbent players so much, they spend millions of ratepayer dollars in efforts to legislate them out of existence.

Jenkins’ view that giving the industry carte blanche to do and charge as it pleases to stimulate a better broadband future is as fanciful as NBN critics in Australia suggesting fiber upgrades should be canceled in favor of waiting 20+ years for improved wireless to come along.

He even approves of Internet Overcharging schemes like usage caps and consumption billing, calling it proper price discrimination in a “fiercely competitive” environment to defray a network’s fixed costs.

Do you think there is fierce competition for your broadband dollar?

Broadband’s fixed costs are so low and predictable, it literally calls out consumption pricing as just the latest overreach for enhanced profits. As Suddenlink’s CEO himself admitted, the era of big expensive cable upgrades are over. Incremental upgrades are cheap, the costs to offer broadband are declining, so it is time to reap the profits.

Jenkins closes with one recommendation we can agree with: “A low-tech way to stir up broadband competition would be to relax the regulatory obstacles to the actual physical provision of broadband.”

We can start by scrapping all the state laws the industry lobbied to enact that prohibit community-owned broadband competition. If big cable and phone companies won’t provide communities with the quality of broadband service they need to compete for 21st century jobs, let those communities do it themselves.

Sarah Palin and her Big Gulp were seen on every Comcast channel in mid-Tennessee until technicians could force her off subscribers’ screens.

“If this had been an actual emergency, you would not be seeing Sarah Palin holding a Big Gulp while addressing the Conservative Political Action Conference convention….”

The former vice-presidential candidate got free extra publicity from Comcast cable systems serving middle Tennessee on Saturday night when a test of the emergency alert system went haywire and switched every Comcast channel to Gov. Palin’s speech given to a conservative political group.

Subscribers may have been amused until they discovered she was on every channel, and there was no way to get rid of her and back to regular programming until a Comcast technician could be called on to reset the system.

“The Comcast cable system serving middle Tennessee has experienced a problem with its emergency alert system,” Comcast spokeswoman Sara Joe Houghland said in an e-mailed statement. “Impacted customers had their equipment locked onto C-SPAN until Comcast personnel were able to resolve the problem shortly thereafter. The company is working diligently to find the root cause of the matter.”

Not diligently enough for irritated subscribers, some who missed post-season basketball games or network shows.

The Tennessean reports this is not the first time Comcast has had this problem:

• It happened again on Monday morning when a line of powerful storms moved through the area;
• A similar incident happened when a string of tornadoes hit the Nashville area in late January.

The problem seems to be the “end of warning/test”-signal not being processed properly by Comcast, which then keeps the warning active until the equipment is reset. In January, the newspaper reports the “end of message” disengage signal was missing altogether.

The Tennessee Association of Broadcasters have lost their patience and have asked the FCC to exclude local stations from being overridden by the EAS warning system.

Their argument is that any real emergency will likely be covered by local newsrooms well in advance of any weather or news messages dispatched through the EAS system.

Esteves

Time Warner Cable is spending less to maintain and improve services for residential customers even as broadband usage grew 40-50 percent, redirecting spending on its business services division instead.

Irene Esteves, chief financial officer of Time Warner Cable, told attendees at Morgan Stanley’s Technology, Media & Telecom Conference that the growth in the company’s capital spending is associated with serving business, not residential customers.

Esteves reported that spending on residential services was actually down slightly in the last year. The business services division used its increased capital to wire 100,000 office buildings and provisioned 1,900 cell towers with backhaul service last year.

But despite decreasing costs, Time Warner Cable expects to continue increasing broadband prices, primarily because it can.

“What we have found is […] as customers use it more, value it more, we can then price it more,” said Esteves. “And we think that’s a terrific dynamic for the market for quite a bit of time.”

Powering usage growth more than anything else is online video.

“If we look at peak volume, which is really what drives our capacity planning, 66% of that increase comes from streaming video,” notes Esteves. “Again, the more they use it, the more they love it, the more important we become to them as a service provider. So we’re continuing to watch that usage pattern and cheering them on.”

For traditional television viewing, Time Warner’s march to digital will also carry on, but it will happen slowly.

Time Warner Cable has chosen a gradual transition to IP video for cable television service. Subscribers can expect about a dozen channels per year to be removed from analog service until the cable system offers a completely digital television package. In Maine and New York City, that digital transition is already complete.

“We’re taking a more measured approach over a 5-year time period,” said Esteves. “We’re taking [away] analog channels in the 10 to 12 per year kind of measure, which is less disruptive to our customers and less capital-intensive.”

That kind of transition, coupled with annual rate increases, could potentially alienate customers, but Time Warner has retrained its retention specialists to assuage customers headed for the door.

“With the increasing promotional activity in the marketplace, we have more and more of our customers on promotion and it’s imperative that when the [promotion expires], we’re being very thoughtful about who rolls off to what, when,” said Esteves. “We’re training specialists to talk to customers, listen to them, find out the reasons for potentially leaving and recapturing those.”

But the industry is also under pressure from Wall Street to cut promotional activity and stop discounting service excessively, because it gets customers used to a lower price.

“If you think about the promotional prices in the marketplace, that really drives people to price shop and that just increases the transactions and the turmoil in the industry, which increases everyone’s cost and reduces everyone’s profitability,” Esteves said. “So the real conundrum for the entire industry is how do we each build on our retention rather than build on the promotional side in order to keep our customers and become more profitable.”