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Another FCC Cave-In: Julius Genachowski’s Media Consolidation Christmas Gift to Murdoch

Is FCC chairman Julius Genachowski spicing up his resumé for a future career with one of the companies he used to regulate or does Rupert Murdoch deserve an extra special Christmas gift this year?

Mr. Genachowski has breathed new life into an industry-friendly plan that would allow a handful of companies to own or control even more media outlets  — the same kind of knuckle-headed thinking that brought us companies like Clear Channel that own more than 800 radio stations you can’t tell apart and an integrated media and telecom empire growing at the expense of competition.

Whether Genachowski considers “diversity” a dirty word or whether he is nostalgic for the days of William Randolph Hearst, his sudden interest in a twice-rejected harebrained scheme to allow one company to own even more is a stupendously bad idea. This is particularly true when the guy ready to benefit the most is running a company that looked the other way when its reporters hacked ordinary citizens’ phones and then used what was heard as the basis for scandalous tabloid reporting.

Would you be comfortable allowing Rupert Murdoch to own and control virtually all of your local news?

Phillip “Ask yourself if your interests or theirs are served by more media consolidation” Dampier

Regardless of Murdoch’s personal politics, the concept of a small handful of companies or media moguls reinforcing their media oligopoly with even more consolidation hardly has a track record of success for consumers. One need only look at what the 1996 Telecommunications Act and subsequent deregulation foolishness did for local radio and television stations. Do you even listen to local radio any longer? If not, why not?

  • Is it the fact the people on your “local” radio station strangely mispronounce streets and local towns because, in fact, they pre-record those messages from a city several hundred miles away?
  • Does your local radio station even bother with news any longer, or is it simply easier to rely on a national radio newscast picked off a satellite for three minutes an hour?
  • Do you have a trigger finger on the dial when the station stops playing music and starts playing endless ads?
  • Do you get the feeling any DJ that plays something not on the focus-group tested and pre-analyzed 50 song playlist will automatically be electrocuted in his chair?
  • Does your local television station run six hours a day of infomercials and practically no local programming?
  • Do you mind that some of your local stations have slashed local news budgets and may have even handed over their newscast to a competing TV station (or doesn’t bother with one any longer?)

What the FCC used to demand from local stations to demonstrate “local commitment” has been relegated to the rubbish bin. Today, local stations are mere pawns to be bought, sold or traded by well-consolidated media groups. It’s all about the money, not so much about the programming.

Radio created its problems adopting cookie-cutter, ad-infested formats that deliver no diversity and little to no local flavor. You might as well create your own ad-free playlist with an iPod or smartphone and be done with it. That is exactly what many former listeners do.

Local television lost viewers after programming budgets were slashed and local news operations were cut or contracted out. The quest for fatter profits for the corporate parent come at the expense of appealing programming. Remember when your local station ran movies or syndicated entertainment shows overnight, in the afternoon or on weekends? No more. Thanks to deregulation and capitulation to basic cable, your local station now runs program length commercials for the Skin Tag Remover, mineral makeup that involved putting ground up rocks on your face, or the Lint Lizard. Compelling viewing this isn’t.

Now the FCC wants to bring this same “success story” in spades by allowing consolidation to accelerate. Only instead of one company owning a bunch of local radio and television stations, it now wants to permit that same company to own your local newspaper, too.

Happy days these are for the likes of media baron Murdoch, who already owns local media in cities like Los Angeles and Chicago, but now wants the local newspaper in both cities as well. It represents an expansion of Murdoch’s media echo chamber the free flow of information required in a democracy cannot afford.

But Murdoch isn’t the only one prepping the champagne. Companies like Comcast-NBC could end up owning your newspaper, two major local television stations, eight local radio stations, and of course also provide your overpriced Internet access, phone and cable-TV service.

Chinese Central Radio & Television in Beijing doesn’t get this level of control, but under the latest FCC plan, Fox, Disney, Viacom, Comcast, Time Warner, and Clear Channel each would.

Murdoch and his supporters argue that allowing greater media consolidation will lead to a rescue of the ailing newspaper industry which is losing readers and subscribers in the Internet age.

I would argue the fate of newspapers, like local radio and television, is at the hands of their corporate owners who have slashed budgets to maximize profits at the expense of readers. Murdoch’s ownership would not change this, but would allow him to further influence the media landscape for his own personal and professional agenda. Great Britain learned this first hand with Murdoch’s tabloid newspapers. The pervasive illegal phone hacking and other abuses under Murdoch’s watch became so bad, an independent report regarding the tawdry affair now advocates the need for an independent body to review media excesses and start bringing abusers to account.

Real competition used to manage that pretty well. Those days are dwindling back home in the United States.

For at least 20 years, journalism advocates have complained local newsrooms have been gutted in cost-cutting maneuvers to allow media groups to buy and sell newspapers like they were baseball cards. After every sale, more cost-cutting. First to go were local consumer reporters and investigative journalists who antagonized local advertisers with their accounts of abusive car dealers or incompetent repair companies. Many took their ad business elsewhere.

Reporters remaining on the payroll were given more stories to cover and little time to investigate. With looming deadlines, the result all-too-often is superficial reporting that relies on “he said, she said” coverage. Many newspapers also reduced local coverage in favor of cheaper wire service reports, often outdated by the time readers saw them.

Some editors counted the days until a popular columnist decided to retire. That’s one more person off the payroll. The local movie reviewer is an endangered species, now replaced with a national columnist who covers the same movies for a lot less money. In some newspapers, some local reporting comes courtesy of local bloggers that work for free or for a pittance.

Copps

With reporting like this, many newspapers are at risk of becoming irrelevant and are already a poor value for money. Those that have a chance have learned investing in local reporting can make the difference, especially if those reading the newspaper online are asked to help contribute to the cost of gathering and disseminating the news.

One thing we have learned watching 20 years of deregulation: the larger media companies get, the less innovative they become. The proof is available on your radio dial today, if you still even listen.

That isn’t just me saying it. Former FCC Commissioner Michael Copps said much the same thing:

“[America’s news and information ecosystem] has suffered the same kind of collapse as so much of America’s physical infrastructure—witness the sorry state of our bridges, highways, streets, public transportation, airports and public utilities. So, too, in media. Private sector consolidation led to the closing of hundreds of newsrooms and the firing of thousands of investigative reporters who should be combing the beats to hold the powerful accountable. Instead journalism has been hollowed out as badly as those rust-belt steel mills. Investigative journalism hangs by a slender thread, replaced by vapid infotainment, bloviating talking heads, and a dry well of facts and real-world analysis.

The public sector is at least equally culpable because government—especially the FCC where I served for more than a decade—blessed just about every media merger and acquisition that came before it. Then it proceeded, over the better part of a generation, to eviscerate almost all of the specific public interest guidelines that had been put in place over many years to ensure that the people’s airwaves actually serve the people.

[…] Instead of hurrying in the wrong direction, wouldn’t the Commission’s time be better utilized by considering (and actually voting on) some of the dozens of recommendations that have been put before it by civil rights and public interest groups to establish programs and incentives to encourage minority and female ownership? It is time for the FCC to take a deep breath, change direction, and get on with the huge challenge of encouraging a diverse media environment that serves all of our citizens and that nourishes a thriving civic dialogue.”

Readers can take action by clicking on the infographic above and sign the petition from Free Press to send a clear message to the FCC more is less. Demand media diversity and a return to local accountability from those occupying the public airwaves.

Start the Countdown Clock on Julius Genachowski’s Departure from the FCC

FCC Chairman Julius Genachowski’s cowardly lion act. The rhetoric rarely matched the results.

Washington insiders are predicting Federal Communications Commission chairman Julius Genachowski will leave his position early in President Obama’s second term.

It cannot come soon enough, as far as we’re concerned.

One of the biggest disappointments of the Obama Administration has been the poor performance of a chairman that originally promised a departure from the rubber stamp-mentality that allowed Big Telecom providers to win near-instant approval of just about anything asked from the Republican-dominated FCC of the Bush Administration. If only to underline that point, former FCC Chairman Michael Powell joined Republican ex-commissioner Meredith Atwell-Baker on a trip through the D.C. revolving door, taking lucrative jobs with the same cable industry both used to oversee.

We had high hopes for Mr. Genachowski when he took the helm at the FCC — particularly over Net Neutrality, media consolidation, and predatory abuse of consumers at the hands of the comfortable cable-telco duopoly. Genachowski promised strong Net Neutrality protections, better broadband — especially in rural areas, an end to rubber stamping competition killing mergers and acquisitions, and more aggressive oversight of the broadband industry generally.

What we got was the reincarnation of the Cowardly Lion.

The Washington Post reviews Genachowski’s tenure during the first term of the Obama Administration and reports he has few unabashed supporters left. Telecom companies loathe Genachowski’s more cautious approach and consumer groups hate his penchant for caving in when lobbyists come calling. In short, another Democrat that talks tough and caves in at the first sign of trouble.

“His tenure has been nothing but a huge disappointment because he’s squandered an opportunity to give consumers the competitive communications market they deserve,” Derek Turner, head of policy analysis at public interest group Free Press told the Post. “If someone like him upholds compromise, it quickly leads to capitulation, which is what he’s done. He folds…to the pressure of big companies.”

Genachowski’s Record:

Halloween Scare Stories: Controlling the “Spectrum Shortage” Data Tsunami With Rate Hikes, Caps

Phillip Dampier October 25, 2012 Astroturf, AT&T, Broadband "Shortage", Competition, Consumer News, Data Caps, Editorial & Site News, Public Policy & Gov't, Sprint, T-Mobile, Verizon, Video, Wireless Broadband Comments Off on Halloween Scare Stories: Controlling the “Spectrum Shortage” Data Tsunami With Rate Hikes, Caps

Phillip “Halloween isn’t until next week” Dampier

Despite endless panic about spectrum shortages and data tsunamis, even more evidence arrived this week illustrating the wireless industry and their dollar-a-holler friends have pushed the panic button prematurely.

The usual suspects are at work here:

  • The CTIA – The Wireless Association is the chief lobbying group of the wireless industry, primarily representing the voices of Verizon, AT&T, Sprint, and T-Mobile. They publish regular “weather reports” predicting calamity and gnashing of teeth if Washington does not immediately cave to demands to open up new spectrum, despite the fact carriers still have not utilized all of their existing inventory;
  • Cisco – Their bread is buttered when they convince everyone that constant equipment and technology upgrades (coincidentally sold by them) are necessary. Is your enterprise ready to confront the data tsunami? Call our sales office;
  • The dollar-a-holler gang – D.C. based lobbying firms and their astroturf friends sing the tune AT&T and Verizon pay to hear. No cell company wants to stand alone in a public policy debate important to their bottom line, so they hire cheerleaders that masquerade as “research firms,” “independent academia,” “think tanks,” or “institutes.” Sometimes they even enlist non-profit and minority groups to perpetuate the myth that doing exactly what companies want will help advance the cause of the disenfranchised (who probably cannot afford the bills these companies mail to their customers).

Tim Farrar of Telecom, Media, and Finance Associates discovered something interesting about wireless data traffic in 2012. Despite blaring headlines from the wireless industry that “Consumer Data Traffic Increased 104 Percent” this year, statistics reveal a dramatic slowdown in wireless data traffic, primarily because wireless carriers are raising prices and capping usage.

The CTIA press release only quotes total wireless data traffic within the US during the previous 12 months up to June 2012 for a total of 1.16 trillion megabytes, but doesn’t give statistics for data traffic in each individual six-month period. That information, however, can be calculated from previous press releases (which show total traffic in the first six months of 2012 was 635 billion MB, compared to 525 billion MB in the final six months of 2011).

Counter to the CTIA’s spin, this represents growth of just 21 percent, a dramatic slowdown from the 54 percent growth in total traffic seen between the first and second half of 2011. Even more remarkably, on a per device basis (based on the CTIA’s total number of smartphones, tablets, laptops and modems, of which 131 million were in use at the end of June), the first half of 2012 saw an increase of merely 3 percent in average wireless data traffic per cellphone-network connected device, compared to 29 percent growth between the first and second half of 2011 (and 20-plus percent in prior periods).

[…] What was the cause of this dramatic slowdown in traffic growth? We can’t yet say with complete confidence, but it’s not an extravagant leap of logic to connect it with the widely announced adoption of data caps by the major wireless providers in the spring of 2012. It’s understandable that consumers would become skittish about data consumption and seek out free WiFi alternatives whenever possible.

Farrar

Cisco helps feed the flames with growth forecasts that at first glance seem stunning, until one realizes that growth and technological innovation go hand in hand when solving capacity crunches.

The CTIA’s alarmist rhetoric about America being swamped by data demand is backed by wireless carriers, at least when they are not talking to their investors. Both AT&T and Verizon claim their immediate needs for wireless spectrum have been satisfied in the near-term and Verizon Wireless even intends to sell excess spectrum it has warehoused. Both companies suggest capital expenses and infrastructure upgrades are gradually declining as they finish building out their high capacity 4G LTE networks. They have even embarked on initiatives to grow wireless usage. Streamed video, machine-to-machine communications, and new pricing plans that encourage customers to increase consumption run contrary to the alarmist rhetoric that data rationing with usage caps and usage pricing is the consequence of insufficient capacity, bound to get worse if we don’t solve the “spectrum crisis” now.

So where is the fire?

AT&T’s conference call with investors this week certainly isn’t warning the spectrum-sky is falling. In fact, company executives are currently pondering ways to increase data usage on their networks to support the higher revenue numbers demanded by Wall Street.

If you ask carriers’ investor relations departments in New York, they cannot even smell smoke. But company lobbyists are screaming fire inside the D.C. beltway. A politically responsive Federal Communications Commission has certainly bought in. FCC chairman Julius Genachowski has rung the alarm bell repeatedly, notes Farrar:

Even such luminaries as FCC Chairman Julius Genachowski has stated in recent speeches that we are at a crisis point, claiming “U.S. mobile data traffic grew almost 300 percent last year” —while CTIA says it was less than half that, at 123 percent. “There were many skeptics [back in 2009] about whether we faced a spectrum crunch. Today virtually every expert confirms it.”

A smarter way of designing high capacity wireless networks to handle increased demand.

So how are consumers responding to the so-called spectrum crisis?

Evidence suggests they are offloading an increasing amount of their smartphone and tablet traffic to free Wi-Fi networks to avoid eroding their monthly data allowance. In fact, Farrar notes Wi-Fi traffic leads the pack in wireless data growth. Consumers will choose the lower cost or free option if given a choice.

So how did we get here?

When first conceived, wireless carriers built long range, low density cellular networks. Today’s typical unsightly cell tower covers a significant geographic area that can reach customers numbering well into the thousands (or many more in dense cities). If everyone decides to use their smartphone at the same time, congestion results without a larger amount of spectrum to support a bigger wireless data “pipe.” But some network engineers recognize that additional spectrum allocated to that type of network only delays the inevitable next wave of potential congestion.

Wi-Fi hints at the smarter solution — building short range, high density networks that can deliver a robust wireless broadband experience to a much smaller number of potential users. Your wireless phone company may even offer you this solution today in the form of a femtocell which offloads your personal wireless usage to your home or business Wi-Fi network.

Some wireless carriers are adopting much smaller “cell sites” which are installed on light poles or in nearby tall buildings, designed to only serve the immediate neighborhood. The costs to run these smaller cell sites are dramatically less than a full-fledged traditional cell tower complex, and these antennas do not create as much visual pollution.

To be fair, wireless growth will eventually tap out the currently allocated airwaves designated for wireless data traffic. But more spectrum is on the way even without alarmist rhetoric that demands a faster solution more than  a smart one that helps bolster spectrum -and- competition.

Running a disinformation campaign and hiring lobbyists remains cheaper than modifying today’s traditional cellular network design, at least until spectrum limits or government policy force the industry’s hand towards innovation. Turning over additional frequencies to the highest bidder that currently warehouses unused spectrum is not the way out of this. Allocating spectrum to guarantee those who need it most get it first is a better choice, especially when those allocations help promote a more competitive wireless marketplace for consumers.

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/KGO San Francisco FCC considers spectrum shortage 9-12-12.flv[/flv]

KGO in San Francisco breaks down the spectrum shortage issue in a way ordinary consumers can understand. FCC chairman Julius Genachowski and even Google’s Eric Schmidt are near panic. But the best way to navigate growing data demand isn’t just about handing over more frequencies for the exclusive use of Verizon, AT&T and others. Sharing spectrum among multiple users may offer a solution that could open up more spectrum for everyone.  (2 minutes)

Verizon CEO: 7 or 8 Wireless Competitors Are Not Good for Anybody

Phillip Dampier October 18, 2012 Competition, Consumer News, Public Policy & Gov't, Verizon, Video, Wireless Broadband Comments Off on Verizon CEO: 7 or 8 Wireless Competitors Are Not Good for Anybody

[flv]http://www.phillipdampier.com/video/CNBC Verizon Wants More Consolidation 10-18-12.flv[/flv]

Lowell McAdam, chairman & CEO of Verizon Communications, is back on CNBC in this exclusive interview calling for additional wireless industry consolidation. McAdam also discusses Verizon’s huge earnings after its wireless plan changes, Verizon’s latest union contract, and the current state of the U.S. economy. (8 minutes)

Wall Street Hates Softbank’s Acquisition of Sprint; “Competitive Headache” for Wireless Duopoly

Phillip Dampier October 15, 2012 Competition, Consumer News, Sprint, Video, Wireless Broadband Comments Off on Wall Street Hates Softbank’s Acquisition of Sprint; “Competitive Headache” for Wireless Duopoly

Sprint’s deal with Softbank is bad news for margin-obsessed Wall Street. More competition=lower profits.

Wall Street is turning a cold shoulder to today’s official announcement that Japan’s Softbank will acquire nearly 70% of Sprint-Nextel, giving effective control of the company to Japanese business magnet Masayoshi Son.

The $20.1 billion acquisition is the largest-ever foreign buyout by a Japanese company, made possible by the combination of a historically low U.S. dollar against the increasingly strong yen, giving Softbank even more value for money.

But outside of a handful of investment banks that stand to earn $200 million in fees for helping to advice the two companies about the deal, Wall Street is not happy.

“It’s a competitive headache,” said Christopher King, an analyst at Stifel Nicolaus & Co. The transaction is expected to infuse billions in new capital into perennially third-place Sprint, which is far behind its larger rivals AT&T and Verizon Wireless.

King and other Wall Street analysts fear a bolstered Sprint will spark new competition into the decreasingly competitive wireless marketplace. Softbank is well known in Japan for cut-throat pricing competition, something that could directly impact Verizon and AT&T’s increasingly expensive pricing for wireless service. Many on Wall Street fear an emboldened Sprint could overtake T-Mobile offering aggressively priced service plans.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/Bloomberg King Says Sprint Deal Creates Competitive Headaches 10-15-12.mp4[/flv]

Stifel Nicolaus & Co., analyst Christopher King calls today’s announcement by Softbank and Sprint “a competitive headache” for the wireless industry, which may face more competition and lower prices.  (2 minutes)

Christopher King, an analyst for Stifel Nicolaus & Co., called the Sprint-Softbank deal a competitive headache.

Sprint is also expected to put Softbank’s investment to good use — acquiring additional spectrum and quickly upgrading its 4G LTE network, now under construction. The surprise investment could mean a more robust network for Sprint, an important objective for a company criticized for offering less coverage than its larger rivals.

Craig Moffett, an analyst with Sanford Bernstein, said Sprint’s aggressive upgrades are bad news because it means the company is going to spend a lot to improve service and presumably cut prices, which will hurt profit margins at Sprint and its competitors who may be forced to lower prices in turn to compete.

Consumers, especially existing Sprint customers, will likely celebrate a stronger Sprint, especially if it triggers a wireless price war.

The investment banks offering advice to both parties have little to complain about either. Citigroup and Raine Group LLC may earn as much as $200 million in direct fees from the deal. Softbank’s own advisers — Deutsche Bank and Mizuho Securities will earn $70-100 million. Sprint’s advisers — Citigroup, UBS, and Rothschild will likely earn an equal amount, according to Bloomberg News.

Investment bankers are hopeful the deal will help trigger another wave of wireless consolidation, which will bolster their fee earnings. In addition to Leap Wireless’ Cricket, there are at least a dozen independent regional carriers including C-Spire and US Cellular now ripe for acquisition by AT&T, Verizon Wireless, Sprint, or T-Mobile.

Softbank has been acquiring some of its own competitors back home in Japan, including eAccess, largely to gain additional spectrum to bolster its LTE 4G network build.

For now, the deal announced today does not include beleaguered Clearwire, but most Wall Street investors believe the Sprint-controlled company will eventually also be acquired.

[flv]http://www.phillipdampier.com/video/CNBC Sprinting Forward with Softbank 10-15-12.flv[/flv]

CNBC talks with Sanford Bernstein’s Craig Moffett, who is not thrilled with a deal that will leave Sprint on a spending spree to upgrade its network and potentially trigger a price war.  (4 minutes)

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