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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.

Special Report — Retransmission Consent Wars 2012: Disputes Becoming Daily Nuisance

Customers sitting down to watch the local news in Louisville, Ky. on Time Warner Cable (formerly Insight) now get to see stories about ongoing bankruptcy woes at Eastman Kodak, house fires in Irondequoit, road work in Greece, and Scott Hetsko’s local forecast… for Rochester, N.Y.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WLKY Louisville WLKY Remains Off the Air 7-16-12.flv[/flv]

WLKY in Louisville is no longer seen on former Insight cable systems (now owned by Time Warner Cable). In its place, Louisville viewers are watching WROC-TV in Rochester, N.Y.  Here is why. (3 minutes)

No, it is not some weird sunspot reception and nobody transported you from Kentucky to western New York while you were sleeping. It’s simply another epic battle waged in:

RETRANSMISSION CARRIAGE CONSENT WARS: 2012

“Not getting the channels you are paying for does not necessarily entitle you to a refund, but does require you to pay more when a deal is eventually struck.”

WESH-TV in Daytona Beach/Orlando, Fla. is one of the Hearst-owned stations affected in the dispute with Insight/Time Warner Cable/Bright House Networks.

These skirmishes used to be commonplace around the end of the year, when carriage agreements between cable, satellite, and telephone companies with cable networks and local stations came up for renewal. When the programmer passed a figure written on a folded up piece of paper across the table to your pay television provider, the shock and awe of that number, occasionally 100-300 percent more than the year before, was the opening shot in a battle that now increasingly leads to favorite local stations or cable channels being stripped from your lineup.

In Louisville, that is precisely what happened to WLKY-TV, one of 15 stations owned by Hearst Television, taken off the lineup when Time Warner Cable/Insight/Bright House Networks could not successfully negotiate a renewal agreement. Time Warner complained Hearst wanted 300% more for each of the affected stations, an increase sure to be passed along to cable customers already long weary of endless annual rate increases. That was the same story told in other cities affected by what is now a week-long blackout. In Greensboro/Winston-Salem, N.C., Time Warner customers are doing without WXII-TV. Kansas City customers lost two local stations owned by Hearst — KMBC and KCWE. Two stations are also missing from Bright House’s lineup in Orlando: WESH and WKCF.

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Hearst Television’s general manager and president of WLKY has stopped referring to those watching the station simply as “viewers.” Glenn Haygood now calls them “subscribers.” Haygood talks with WHAS Radio about the dispute and what he thinks about Insight/Time Warner Cable. (10 minutes)

Insight/Time Warner Cable customers in Louisville, Ky. are now watching CBS shows on WROC-TV from Rochester, N.Y.

But why are Louisville viewers now watching the boating forecast for Lake Ontario, several hundred miles away? Because Time Warner Cable thinks it has a signed contract with Nexstar Broadcasting Group that lets them turn several Nexstar-owned stations into “superstations,” importing them in cities where contract disputes have knocked the local station off the cable lineup. In Louisville, WLKY, a CBS affiliate, has been replaced by WROC, the CBS affiliate in Rochester. In Greensboro and several other cities, WXII, an NBC affiliate, has been replaced with WBRE in Wilkes Barre, Penn. Some other Time Warner customers are instead watching WTWO out of Terre Haute, Ind., for NBC shows.

It represents a half-measure that Time Warner Cable’s Jeff Simmermon tells Stop the Cap! is “making the best of a tough situation.”

Viewers are naturally outraged.

“I’ve always wanted to know the weather and news in Rochester, Buffalo, Ontario and Caribou,” Kelly Grether teased. “Louisville did make [WROC’s weather] map believe it or not.”

Others are simply confused and engaged in must-flee TV.

“I saw the news coming on,” Greensboro resident Mona Wright told the News & Record. “It didn’t take me but one minute to figure out that these counties were nowhere around us; I changed the channel.”

Some Louisville viewers are even assuming the sales and discounts being advertised on WROC are good in Kentucky as well (often, they are not).

For now, it is difficult for Kentucky viewers to know what WROC is airing because the local on-screen program guide has not been updated to include listings for the Rochester station. Time Warner is pushing a lot of viewers to WROC’s website for program information.

Viewers hoping to practice their Jeopardy and Wheel of Fortune skills during the dinner hour lost that opportunity altogether in some cities, while in the Triad of North Carolina, viewers discovered the two shows on two different channels at the same time.

For now, WROC has completely ignored its new Kentucky audience, but WBRE’s morning anchors now regularly acknowledge and welcome their viewers from several states away.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WFTV Orlando WESH Disappears from Bright House 7-10-12.flv[/flv]

WFTV in Orlando reports on Bright House Networks’ customers being shut out of WESH-TV in Daytona Beach after the cable operator failed to meet Hearst Television’s demands for an increase in carriage payments.  (2 minutes)

The dispute has since enlarged to bring in side players who are unimpressed with Time Warner’s creative problem-solving:

  • Impacted stations now off Time Warner’s lineup think the “new” stations on the lineup are about as honorable as employing scab workers during a union strike;
  • Nexstar, for the second time, declares Time Warner is illegally importing their stations to unauthorized places. They are threatening to complain to the FCC and possibly sue to stop the practice. Nexstar earlier complained about a similar dispute in upstate New York which left viewers in northern New York watching WBRE in Wilkes-Barre. But the carriage dispute was settled quickly enough for WBRE to go back to being  viewable only in Pennsylvania, ending the dispute;
  • Syndicated program owners sell shows like Wheel of Fortune on a “market exclusive” basis, which means competing local stations already paying for syndicated shows do not want out of area stations also carrying those shows to local audiences, diluting their audience.
  • Advertisers on stations now off the lineup paid ad rates based on tens of thousands of cable viewers who are now probably watching another station. Some are demanding “make goods” or outright refunds to get the value for money they were originally promised.

But nobody is more caught in the middle than consumers, especially those paying for channels they are no longer getting.

“I want my money back,” says Orlando Bright House customer Luis Fernandez. “I have lost two stations on my lineup and my bill should be going down to compensate, but Bright House is refusing to credit me.”

Time Warner Cable does not usually give refunds either, arguing that its customers pay for a package of channels and the technology that delivers those networks to customers. Giving a refund for the loss of one or two stations would be tantamount to the industry’s worst nightmare: getting customers used to the idea of paying individually for every channel.

One customer willing to make himself a major nuisance in Wauwatosa, near Milwaukee, Wis., finally wore Time Warner down and secured a $5 a month discount on his bill for the length of the dispute that knocked Milwaukee’s WISN off his lineup.

“[I called] Time Warner to voice my disgust in them putting me (the paying customer) in the middle of their negotiation failures, and after reaching a ‘supervisor,’ I was able to get a discount on my monthly bill,” the reader told the Journal-Sentinel. “It wasn’t easy, but I did it.”

Hearst is encouraging viewers to drop Time Warner like a hot potato and switch to AT&T U-verse or a satellite provider like DirecTV. Negotiations seem to be continuing on a sporadic basis, but one week later, customers heading for the door have already left or are simply watching the local news on another channel.

Satellite Showdown — DirecTV vs. Viacom: Playing Down and Dirty With Everyone

[flv width=”426″ height=”260″]http://www.phillipdampier.com/video/Viacom Ad.mp4[/flv]

Viacom turns the tables on DirecTV’s clever ads to lambaste the satellite provider for cutting off more than two dozen cable channels owned by Viacom.  (1 minute)

If a customer took Hearst’s advice, they might find themselves out of the frying pan and into the fire. Newly arriving DirecTV customers can join the Anger Party 20 million satellite customers are now throwing over a much larger, higher profile dispute between the satellite provider and Viacom. Collateral damage: the loss of networks including Palladia, Centric, Tr3s, CMT, Logo, NickToons, VH1 Classic, TeenNick, Nick Jr., Nick@Nite, Spike, BET, VH1, TV Land, Comedy Central, Nickelodeon and MTV.

Some financial analysts are calling the dispute the mother-of-all-program-fee-battles, and as they watch both sides dig in, some warn it could mean DirecTV customers won’t be watching The Daily Show with Jon Stewart until August.

DirecTV says Viacom wants a 30% rate increase to renew its contract to carry the company’s networks. That is comparatively cheap contrasted with the prices Hearst wants Time Warner Cable to now pay. Analysts expect DirecTV and Viacom will eventually settle their dispute by agreeing to a 27% rate increase, but nobody knows how long the two will battle it out before an inevitable agreement is reached.

Regardless of the timing, customers will likely pay the price. Nomura analyst Michael Nathanson informed his Wall Street clients DirecTV will end up paying Viacom $2.85 per subscriber — about 60 cents more per month than it pays today. That’s tough for DirecTV to swallow, and probably even harder to pass along to customers. Satellite TV providers have some of the country’s most-frugal pay television customers who are especially resistant to rate increases.

The dispute is so high profile, both companies are bringing out high-powered executives and show talent to argue their respective cases.

Millions of dollars are at stake, and both Viacom and DirecTV are willing to fight to the death, even leaving customers on the battlefield.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/DirecTV Viacom Dispute 7-12-12.mp4[/flv]

Not so fast, says DirecTV CEO Michael White, seen here presenting DirecTV’s position in the Viacom dispute for the benefit of concerned customers.  (1 minute)

“All we are trying to get is a fair deal for our customers and I’m sorry our customers are being forced into the middle of this,” DirecTV’s Michael White said. “We just think we pay a half a billion dollars a year and a billion dollar increase over five years, over 30 percent, is not justified by the marketplace or fair relative to our largest competitors or by their ratings.”

Viacom CEO Philippe Dauman counters, “In the last seven years since we did the last DirecTV deal, we have successfully and peacefully concluded affiliate agreements with every major distributor in the U.S. We are prepared to move forward. It’s unfortunate consumers for the first time are not able to enjoy our channels,” said Dauman, adding, “I don’t want to negotiate in public.”

DirecTV was telling its customers it can watch many of the missing shows for free online, until Viacom reportedly began removing that direct viewing option last week. That hardball tactic could impact everyone trying to stream Viacom’s shows — DirecTV customer or not.

“We’ve temporarily slimmed down our offerings, as DirecTV markets them as an alternative to having our networks,” a Viacom spokesman told CNNMoney. “The online content is intended to serve as a complimentary marketing tool for our partners.”

“At least they were honest about the reasons why they pulled this,” said Stop the Cap! reader Dick Armlo, a DirecTV customer in Idaho. “But fortunately, you can still find a lot of the shows on Amazon’s video on demand and Hulu.”

Customers threatening to switch providers often discover the new neighborhood they move to is just as bad as the one they left.

Dish Network customers are currently enduring a long-standing dispute with Cablevision-owned AMC Networks. The result is no AMC, IFC, Sundance Channel and WeTV on Dish. AMC is telling Dish customers to turn their dish into a birdbath and head elsewhere… perhaps to AT&T U-verse which just recently averted its own blackout with AMC over the same channels. AT&T customers can expect part of their next rate increase to cover the negotiated rate hike AMC won for itself — the one AT&T agreed to on your behalf. After all, it’s your money at stake, not theirs.

[flv]http://www.phillipdampier.com/video/CNBC Viacom CEO on Dispute 7-12-12.flv[/flv]

CNBC talks with Viacom CEO Philippe Dauman to get his views about the dispute with one of his best customers — DirecTV.  (2 minutes)

AT&T Cracking Down on DSL/U-verse Usage While Promoting “No Bandwidth Limitations”

Stop the Cap! has suddenly started receiving a larger number of complaints about AT&T’s Internet Overcharging scheme in the past two weeks, indicating to us the company has started cracking down more forcefully on usage cap “violators.”

Those who purchased AT&T U-verse in an effort to avoid usage caps from their local cable company are particularly upset, because the phone company still markets its U-verse service as being ‘bandwidth-limit-free.’

AT&T advertises its U-verse service to this day as bandwidth limit free.

“We don’t limit your bandwidth to a particular amount,” promises AT&T in prominent language on its website. The fine print says something very different — AT&T limits the amount of usage customers get before being exposed to overlimit fees — 150GB for DSL, 250GB for U-verse. It is part of what the company calls wired “data plans.”

AT&T U-verse has a 250GB usage cap hidden in the fine print.

“It’s false advertising,” counters AT&T customer Don Brown. “Anyone who reads their promise of ‘no bandwidth limitations’ is going to assume that means no limits, but when I questioned company representatives about the promise, they pull out every trick in the book.”

Brown says one customer service representative told him ‘bandwidth limits’ refer to broadband speed — AT&T does not throttle its customers. Another said the ad claim meant that customers could keep paying AT&T additional money for as much usage as they want or need. But Brown believes AT&T knows better than that.

“When I signed up for service, I asked the salesperson who took my order if there were limits and they said there were none, period,” Brown says. “Not a word was spoken about 250GB limits or overlimit fees. I’m not buying their excuses — what wired ISP throttles customer speeds?”

In fact, AT&T itself defines “bandwidth” much the same way Brown does (underlining ours):

The term bandwidth can take on many meanings. In the case of AT&T U-verse products and services, the term bandwidth is commonly used when referring to computer networking and measuring Internet usage.

The amount of Internet usage is displayed in upload and download amounts. This would commonly be known as the amount of bandwidth the User used during a particular time.

Brown also has no access to any usage monitor or measurement tool, and AT&T told him he “can relax” because the company would send warnings when it noticed his usage was coming perilously close to the limit. But that makes planning around monthly usage limits difficult, because he has no idea what his usage is from day to day.

A week ago, he received his first warning in an e-mail message from AT&T, which was the first indication he was living under a usage cap.

“They are in a real hurry to collect more money from me but they don’t have their ducks in a row on an accurate meter I can depend on,” Brown says. “Would the local power, water, or gas company get away with that? I don’t think so.”

Brown decided AT&T’s “dishonesty,” as he puts it, made him cancel his service. He does not trust the phone company to accurately measure anything.

“At least I know the cable company is a pocket-picking crook so I can be on guard for their next move,” Brown says. “AT&T is more like the thief in the night that robs you blind while you are upstairs, asleep in bed.”

Chris Savage discovered AT&T’s “stealthy” 150GB usage cap on his DSL account when he received an e-mail warning of his own. He gets one more, after which AT&T will “bill shock” him with overlimit fees.

You have exceeded 150GB this billing period.

[…] The next time you exceed 150GB you’ll be notified, but not billed. However if you go over your data plan in any subsequent billing period, we’ll provide you with an additional 50GB of data for $10. You’ll be charged $10 for every incremental 50GB of usage beyond your plan.

AT&T DSL service has a sneaky 150GB usage cap in the fine print.

AT&T really isn’t interested in hearing questions or concerns about their “data plan,” telling customers at the bottom of the message:

Please do not reply to this email. This address is automated, unattended and cannot help with questions or requests.

Savage never knew AT&T implemented an Internet Overcharging scheme:

“This e-mail seemed to say to me, ‘We changed the rules on you without telling you and now you’ve broken them, so we’ll let you off this time, but consider yourself warned!'”

Savage has already cut cable’s cord and watches his television shows online, exactly what big phone and cable companies do not want their customers doing.

The bottom line is that 150GB is not enough for people like me who work at home, rely on Netflix for any kind of TV/Movies (since I don’t have cable or any other TV), have gamers in the house and run a website. What this means for me is that, once again I will have to cancel Netflix because watching just one movie or show per day would mean I would reach my cap about 2/3 of the way into the month. And that is if nobody else in the house watches anything on it, plays any online games or downloads anything.

In the end, it appears AT&T won and Netflix lost. Savage reports after going over AT&T’s limit two months in a row, he canceled his Netflix account — the only television service he had. AT&T DSL cannot even support one movie a night and one or two streamed cooking shows here and there without pushing the family over the limit AT&T imposes.

Frontier Contract Shenanigans: Getting Stuck With a 2-Yr Agreement & Slower Speeds

Your modem needs an expensive upgrade, even if you own your own.

Frontier Communications customers may get less than they bargained for when calling the company about a malfunctioning modem or problem with service. Andrew, a Stop the Cap! reader from Tennessee discovered a simple service call left him stuck with two separate contracts for phone and Internet service, a major broadband speed reduction, and a sense that Frontier is willing to sign up customers without fully disclosing what they are selling.

Andrew reports he originally called Frontier to discuss a possibly damaged DSL modem. Upon hearing the model number, a Frontier customer service representative needed to hear no more — the modem “needed to be upgraded.” In fact, Frontier has been mailing postcards to customers with older modems not subject to monthly rental fees telling them their existing modem was “no longer supported” and needed to be replaced with a new model. In the fine print, the customer learns if they proceed, they will end up paying a monthly modem rental fee starting at $6.99… forever.

But things got much worse for this Frontier customer after he contacted the company to say he’d be keeping his current DSL modem, which turned out to be working just fine:

I was then told there would be about a $20 price drop on my next bill (for July). I asked the agent why and her response was, “oh, our prices are going down.” I said okay, thanked her and hung up the phone.

The next morning, I got an email from Frontier thanking me for my ”recent purchase or renewal of services,” further asking me to click and view the Terms of Service agreement for High Speed Internet (and to submit the PIN number associated with my account).

I then called Customer Service about the email. I was told that I had upgraded my phone service the previous day. It turned out that the agent upgraded my phone service to include their ”Digital Essentials” phone features package and had locked me into two price protection plans for both services. There was a one-year plan regarding the phone service and a two-year plan for the High Speed Internet.

I was shocked and informed the agent that I had made no such changes to my phone/Internet services and that I had simply called about cancelling a support ticket on my account regarding the modem.

He later tried to claim that I had given the previous agent authorization when I said okay after she had informed me about the price drop. I told him that was absolutely ridiculous, especially since she never discussed any upgrades to my phone service or any changes regarding my Internet. I asked him how it could be an authorization when what was done to my account was never fully explained (or asked for).

We’ve got a deal too good to refuse.

The Frontier agent then proceeded to hard-sell Andrew the same plan the former agent already applied to his account. The Frontier representative did not bother to mention the “upgrade” and “savings” he was getting included a drastic speed reduction. Frontier sold Andrew a package that included just 1.2Mbps broadband.   That is less than half the speed of his original 3Mbps service, for which he paid $40 a month with no modem rental fee.

Now Andrew is stuck with two contracts, both which carry early termination fees that will total well in excess of $100, the likelihood of a modem rental fee for a new modem he has never received and does not want, and less than half the broadband speed he used to get.

“I was never told by either agent I spoke with that my Internet speed would be [reduced] once the ‘upgrade’ was performed,” Andrew writes. “This, in my opinion, is fraud. Had I known a slower speed would be the end result of their price drop, I would have never [signed up].”

Now Andrew wants his old plan back and Frontier is stalling.

Frontier has a track record of retiring older service plans and packages, but leaving existing customers grandfathered on them until a representative can convince a customer to switch to something else. Unfortunately, newer plans often come with higher prices and more surcharges than older ones, which is part of the company’s effort to increase average revenue earned from each customer. Once off a discontinued plan, low level customer service representatives typically cannot re-enroll a customer.

But those who complain the loudest can get back the service they used to have, just by becoming a nuisance. Start by calling Frontier and asking to speak to a supervisor or manager. If that fails, ask to be transferred to the department that handles disconnections and threaten to drop all Frontier services if the company does not relent and put you back on the plan you started with.

Customers can also file complaints with their state utility regulators. In Tennessee, that is the Tenessee Regulatory Authority. Their online complaint form is here. Unfortunately, many states have succumbed to deregulation rhetoric and state regulators lack significant enforcement powers. But utilities that routinely filibuster state officials risk generating enough legislative energy to support a “re-regulation” effort, so most utilities will connect complainers to an executive level customer service department that can cut through red tape.

Customers can also file complaints with the Better Business Bureau and their state’s Attorney General. The more noise you generate, the more likely Frontier will satisfy your request.

Frontier customers are advised that anytime a customer service representative asks you to complete an online agreement using your PIN number, it signals you are about to commit yourself to a term contract or other major change in service that could prove costly to undo.

Always ask the Frontier representative to e-mail you a copy of the terms of the plan you are enrolling in, including broadband speeds, phone features, contract length and early termination fees.

Always read the agreement you are being asked to complete online.

If you have any questions, call Frontier before you sign. Some plans include a 14 or 30 day penalty-free cancellation provision. While this alone may not restore your old service, it can prove an important negotiating tool to win back the service you had before.

Attack on Your ‘Fast Forward’ Button by Copyright ‘Enforcers’

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.

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