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Retransmission Consent Wars: Time Warner Restores Hearst, Prepares to Lose Meredith

Phillip Dampier July 25, 2012 Consumer News, Public Policy & Gov't, Video 2 Comments

Time Warner Cable customers in Kansas City are ground zero for the cable operator’s retransmission consent battles with over-the-air stations that leave cable viewers without a full lineup of local channels.

Just hours after Time Warner customers got back two local stations owned by Hearst Corporation, Meredith Corporation’s KCTV and KSMO are preparing to pull the plug at midnight tonight.

“Please know that we have tried very hard to reach an agreement with Time Warner Cable, so that our viewers would not have to miss any of our stations’ around-the-clock reporting of news, politics, traffic, weather emergencies, public service announcements, and favorite local and national programming,” reads a statement from the two stations. “We are disappointed in the outcome of our negotiations especially since we have successfully reached agreements with every major cable and satellite company that recognizes our fair market value. The fact is that we are only asking Time Warner Cable for pennies a day from your cable bill for our programming.”

They did not elaborate on exactly how many pennies more a day they were asking to receive. Time Warner Cable suggested they wanted a 200% rate hike.

Should negotiations fail, viewers in Kansas City will lose their local CBS and CW affiliates. Time Warner Cable’s recent response to these disputes is to replace missing local stations with out-of-area stations, in this case most likely Nexstar’s WROC-TV in Rochester, N.Y., a CBS affiliate. Time Warner has not bothered to find a fill-in CW station to date.

But Nexstar last week sued Time Warner Cable in U.S. District Court in the northern district of Texas alleging copyright infringement and breach of contract for importing its TV stations without permission. Nexstar wants a temporary restraining order and damages. If the judge hearing the case issues the restraining order, Kansas City will have to do without a CBS station on Time Warner’s lineup until the dispute is settled.

So far this year, there have 69 instances of local stations withholding their signals from either a cable, phone, or satellite operator in disputes over retransmission rights fees.

In a hearing held yesterday in Washington, several senators attacked the disputes that deprive paying subscribers of broadcast stations.

Sen. Jim DeMint (R-S.C.) wants to repeal the 1992 law that allows broadcasters to require pay television operators to get permission and, in an increasing number of cases, payment to carry local broadcast stations.

DeMint argues the law has outlived its usefulness.

But Sen. John Kerry (D-Mass.) and others note the law also enacted several consumer protections and pro-competition policies that stopped programmers from withholding programming from competing pay television providers.

Kerry called demands to repeal the law altogether “radical” and suggested such moves could destroy local broadcasting. Cable operators want the power to negotiate contracts with out-of-area stations to leverage lower retransmission consent fees from broadcasters and provide customers with replacement stations when the two sides can’t or won’t agree to terms.

Broadcasters have suggested that could leave cable viewers with stations from distant cities, depriving viewers of important local news and emergency information.

For now, no action in Washington is anticipated. Broadcasters have leveraged their popularity to demand increasing payments for permission to carry their signals, and cable and other pay television operators, despite protests, usually agree to slightly lower fee increases and pass them right along to paying subscribers in the form of a rate increase.

Yesterday’s hearing, chaired by Sen. Jay Rockefeller (D-WV), discussed changes in television technologies over the past two decades. It focused on examining the effectiveness of the Must-Carry law, a 1992 law currently in place for the cable industry. The Must-Carry law requires a variety of local broadcast stations to be viewed on pay-TV platforms. Today’s Must-Carry rights were enacted by Congress in the 1992 Cable Act, which the Supreme court upheld in 1997. Congress then found that cable systems have an “economic incentive” to alter their local broadcast signals and that, without Must-Carry rules, broadcasters’ viability is jeopardized.

Although Chairman Rockefeller sought to not have the hearing derailed by retransmission consent disputes, a significant portion of the hearing dealt with that specific issue.

Top cable and broadcasting executives, as well as law experts testify. Witnesses include Melinda Witmer from Time Warner Cable; Martin Franks of CBS; the National Association of Broadcasters’ Gordon Smith; Colleen Abdoulah from Wide Open West!; Gordon Smith from the American Cable Association; law professor and former Disney Washington executive Preston Padden; along with Mark Cooper from the Consumer Federation of America. Courtesy: C-SPAN (1 Hour, 41 Minutes)

Fun Fact #721: Where Your Cable Dollar Is Going

Susan Crawford points us to this fun fact: While the cable industry wants to raise your prices to cover increased costs, one of the things they forgot to mention is more than $8,900,000 (so far this year) of your money was shipped straight to Washington to hand out to lawmakers. In the last quarter alone, the National Cable & Telecommunications Association has spent more than $4.5 million lobbying Washington on everything from repealing the Dodd-Frank Wall Street Reform and Consumer Protection Act to the Internet Freedom Act. If consumers are for it, the NCTA is against it. The ironic part of it is they put your money to work against your interests.

Imagine what you could do with $8.9 million — bringing broadband to the unserved, making service better for those who already have it, and keeping your broadband bill in check. Just sayin’.

Suddenlink Executives Join Canada’s Pension Plan to Buy Out the Company

Phillip Dampier July 19, 2012 Consumer News, Suddenlink (see Altice USA) 1 Comment

Suddenly Bought

Well-compensated management at Suddenlink are teaming up with private equity firm BC Partners and the Canada Pension Plan’s CPP Investment Board to buy out Suddenlink Communications in a deal for the $6.6 billion company.

The transaction will leave Suddenlink’s founder and current CEO Jerry Kent in charge and part-owner of the company. Some other members of top management are also participating in the buyout deal.

Suddenlink is currently owned by investment bank Goldman Sachs through its private equity arm, Quadrangle Group LLC and Oaktree Capital Management LP.

The buyers will assume $4 billion of Suddenlink’s outstanding debt and BC Partners and CPP Investment Board are taking on $500 million of additional debt to fund the purchase.

Kent

Kent says the deal is designed to infuse additional capital into Suddenlink’s operations, which primarily serve smaller communities in Texas, West Virginia, North Carolina, Oklahoma, Louisiana, Arizona, and Arkansas. Suddenlink launched in 2003 with the acquisition of discarded cable systems originally owned by Cox and Charter Communications. Today the company serves 1.4 million residential customers, making it the seventh largest cable operator in the country.

With Kent remaining in charge, few changes are expected. In 2011, Suddenlink adopted an Internet Overcharging scheme including usage caps and overlimit fees that it is gradually rolling out to all of its customers.

Investors see revenue growth opportunities from Suddenlink, particularly as it further monetizes broadband.

“This represents a unique opportunity to acquire a leading cable operator that has consistently generated industry-leading results,” said André Bourbonnais, who heads private investments for CPPIB.

Kent had been reportedly shopping the cable system around to private-equity firms over the past several months, on the condition he got to remain in charge and early investors could cash out.

Charter’s Bottom of the Barrel Customer Ratings Didn’t Hurt Ex-CEO’s $20 Million Payday

Lovett – Paid nearly double his 2010 salary for even worse results.

The man hired specifically to improve dismal customer satisfaction ratings for Charter Communications has walked away from the company with more than $20 million in pay in 2011 after just over two years at the helm, even as the company’s ratings grew worse.

Michael Lovett assumed the CEO position at Charter after the company emerged from Chapter 11 bankruptcy in November, 2009. Lovett was charged with cleaning up the company’s lousy reputation for customer service, service quality, and pricing.

He resigned this past February leaving Charter with an even poorer customer satisfaction rating. Now a filing with the Securities & Exchange Commission discloses he walked away with $1.3 million in salary and $19.24 million in bonuses, golden parachutes, stock awards, and other resignation-related benefits — almost double the pay he received in 2010.

Charter is legendary for billing errors, disinterested customer service representatives, Internet Overcharging schemes that limit broadband consumption, poor quality repair and installation work, and inadequate infrastructure.

In July, 2011 Atlantic magazine named Charter the 5th most-hated company in America, and only received a satisfaction rating of 59/100 in the American Customer Satisfaction Index.

This year, the “don’t care bears” of cable did even worse — achieving the rank of 3rd most-hated company in America, stiffing customers with bait and switch promotions customers never received, even shoddier customer service and dodgy billing practices.

“I’d rather have AT&T, and that should tell you something,” shares Thom, a Charter customer in St. Louis. “You can’t believe how bad a cable company can be until you’ve dealt with Charter. You have a better chance of being dealt with fairly in a mob-run casino.”

“Shareholders must be among the dumbest people in America to watch this company flush more than $30 million down Lovett’s bank account for two years and accomplishing the amazing task of actually making things worse,” Thom writes. “He’s proof that throwing money at a problem does not work, no matter how many press releases Charter puts out.”

Charter is now being run by an ex-executive from Cablevision Industries, who has spent his tenure luring other Cablevision mid and high level executives to join him at Charter. President and CEO Tom Rutledge, chief operating officer John Bickham, and chief marketing officer Jonathan Hargis — former Cablevision executives now show up for work at a New York office Charter opened specifically for them.

“Nothing ever changes at Charter,” says Thom. “Instead of spending money actually improving service, they’re opening new executive suites in expensive New York just so the top brass need not slum it here in St. Louis. It’s good to know they have their priorities straight.”

The Better Business Bureau has processed more than 5,000 customer complaints against Charter in the past three years, most eventually resolved through Charter’s executive escalation office in Simpsonville, S.C.

Charter Communications reported a net loss of $94 million in the first quarter ended March 31.

Shaw Cable Ending Aggressive Pricing Promotions; Price War is “Lose, Lose Situation”

Phillip Dampier July 5, 2012 Canada, Competition, Consumer News, Data Caps, Shaw, Telus, Wireless Broadband Comments Off on Shaw Cable Ending Aggressive Pricing Promotions; Price War is “Lose, Lose Situation”

Shaw Communications executives last week announced, to the relief of Wall Street, the cable company is pulling back on great deals for cable TV, Internet and phone service this summer.

In an effort to appease Wall Street analysts like Phillip Huang, a researcher for UBS Investment Bank — who fear lower prices could “spiral into a price war, which obviously would be a lose, lose situation,” Shaw has made it clear it intends to stop some of its most aggressive promotions this summer.

“When you talk about promotions in the market, we’ve been very disciplined in that regard,” Shaw executives told analysts on last week’s quarterly results conference call. “It’s a highly competitive environment and will continue to be that way and we’re going to operate in a certain fashion.”

That “certain fashion” has cost them at least 21,500 subscribers who have already left Shaw this past quarter, most headed to Shaw’s biggest competitor Telus.

But some Wall Street analysts remain unsatisfied, noting there are major differences in telecommunications pricing in Canada. Western Canadians pay substantially less for phone, cable, and broadband service than their counterparts in Ontario and Quebec. Shaw and Telus customers also have much larger usage allowances for broadband service, and Telus so far has not enforced what limits they have.

Analysts peppered Shaw executives about why they are not raising prices to match what Bell, Rogers, and Vidéotron customers further east are paying.

Jay Mehr, Shaw’s senior vice president of operations told investors to hang in there.

“We still believe that we have some good pricing power when discipline really comes back into this market,” Mehr said on the call with investors. That signals Shaw is prepared to raise prices when aggressive deals end.

Wall Street also questioned why the company does not use long-term contracts to lock customers in place:

Mehr

Glen Campbell – BofA Merrill Lynch, Research Division: […] On service contracts: You’ve been pretty firm in not using them. Your competitor clearly does. […] Can you talk about the reasons for not going down the service contract road and whether you might reconsider that position?

Bradley S. Shaw – Shaw Communications: Well, there’s arguments for contracts as you — I guess, it’s really what these contracts do. As you said, we have equipment. Our [indiscernible] space — our Easy Own plan certainly is a very consumer-friendly plan as customers are getting something, and they’re agreeing to pay for it over time. And that creates kind of a natural kind of a relationship. What we don’t want to have happen is having customers, who are feeling confined by a contract, who otherwise would like to do something else. We don’t think that’s consumer-friendly. And so we’re looking at ways that we’d have more consumer-friendly kind of relationships but that still create some kind of a longer-term relationship that you can count on. But we don’t want to have the ball and chain kind of contracts that others have adopted.

[…] From a customer point of view. But also, the nature of contracts is there needs to be an enticement to get the customer sign a contract, and that enticement tends to be what we’re seeing in the market, which is fairly significant giveaways of hardware and other devices to be able to incent that. And so it will have has an impact on your cost of acquisition, and we’re trying to manage that. As Peter said, our Easy Own program is a very customer-friendly way for people to come on and make a commitment to us. And at the end of the period, they own their equipment. They haven’t had to pay upfront, and so it’s a nice way to manage that without being heavy-handed.

Shaw’s Exo Wi-Fi service is coming soon across western Canada.

Some other developments at Shaw, reported during the conference call:

  • Spending on upgrades will continue to be on the aggressive side as the company builds out its new Exo Wi-Fi network and converts cable systems to digital service, creating additional space for broadband speed increases and other services;
  • Broadband delivers the highest profit margins of all of Shaw’s services, so it remains a very important part of Shaw’s package;
  • Customers are gravitating towards higher speed broadband packages, delivering extra revenue;
  • The company has re-priced some of its plans and offers to be more friendly to broadband-only customers;
  • Shaw is working to gain approval from communities across western Canada to deploy its Wi-Fi network, with plans to begin limited promotion of the new service by late fall or early 2013. Shaw expects its Wi-Fi network to have substantial coverage across the region within three years;
  • Shaw plans to work with U.S. cable operators to participate in a Wi-Fi roaming network that will allow its customers access to the Wi-Fi networks being built in the United States;
  • Shaw’s “TV Everywhere” project is being designed to protect existing video revenue. Rights are being acquired across the board for broadband, tablets and other mobile devices for a robust on-demand service. But live streaming is secondary.

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