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AT&T Customers Brace for Big Disney Blackout — ABC Stations, ESPN, Disney Channel All At Risk

Phillip Dampier September 10, 2019 AT&T, Competition, Consumer News, DirecTV Now, Online Video 2 Comments

The Walt Disney Co., is warning AT&T U-verse, TV Now, and DirecTV customers that a blackout of Disney-owned ABC stations, ESPN, Freeform, and the Disney Channel is imminent because AT&T has not yet agreed on renewal terms.

If an agreement is not signed before the end of the month, AT&T video customers across the country are looking at a third major programming blackout this year.

“The Disney owned networks and stations have agreements in place with all of the major video providers in DirecTV and AT&T video territories, including Comcast, Verizon FiOS, Cox, Optimum, Frontier and others, and we have a strong track record of successfully reaching multi-year agreements with these and other TV providers,” the company said in a statement. “Unfortunately, so far AT&T has refused to reach a fair, market-based agreement with us, despite the fact that the terms we are seeking are in line with recent marketplace deals we have reached with other distributors.”

The last contract renewal DirecTV signed with Disney was in late 2014. It is likely AT&T’s acquisition of DirecTV allowed the company to combine its U-verse and streaming agreements with the much larger contract with the satellite TV company, with AT&T’s combined carriage agreement likely to expire on Sept. 30, 2019.

AT&T has spent much of 2019 playing hardball with programmers, willing to let their contracts expire and blackout affected stations and networks. Earlier this year, customers lost access to local TV stations owned by CBS, Nexstar, and a handful of local stations under contract with Sinclair Broadcasting. Customers also lost access to the Altitude Sports and Entertainment Network, a regional sports channel, at the end of August. In some cases, it took several weeks to reach a negotiated settlement with local station owners.

It seems likely Walt Disney will find a similar level of intransigence with AT&T’s negotiating team. AT&T is already preparing its customers for a potential protracted fight and blackout.

“We’re disappointed to see The Walt Disney Co. put their viewers into the middle of negotiations. We are on the side of consumer choice and value and want to keep Disney channels and owned-and-operated local ABC stations in eight cities in our customers’ lineups,” AT&T said in a statement. “We hope to avoid any interruption to the services some of our customers care about. Our goal is always to deliver the content our customers want at a value that also makes sense to them. We’ll continue to fight for that here and appreciate their patience while we work this matter out.”

Any blackout would impact Disney-owned and operated ABC affiliates, including:

  • WABC-TV 7 New York
  • KABC-TV 7 Los Angeles
  • WTVD-TV 11 Raleigh-Durham, N.C.
  • KGO-TV 7 San Francisco
  • KTRK-TV 13 Houston
  • KFSN-TV 30 Fresno, Calif.
  • WLS-TV 7 Chicago
  • WPVI-TV 6 Philadelphia

Frontier Launches ‘Reliable Copper Internet’ Ad Campaign to Sell Slow Speed DSL

Frontier Communications is taking its lemon-of-a-legacy-copper-network and attempting to squeeze some lemonade with a new national radio advertising campaign promoting the company’s legacy DSL internet service with a $100 gift card and “free” Amazon Echo Dot.

Get Frontier Copper is Frontier’s latest promotion for customers who do not live in its fiber-to-the-home service areas. Much of Frontier’s legacy network that predates its acquisitions of former Verizon FiOS and AT&T U-verse customers in Indiana, the Pacific Northwest, California, Texas, Florida, and Connecticut is still dependent on copper wiring that may have been on utility poles since the Johnson Administration.

The new promotion is among the first created under the leadership of Robert Curtis, Frontier’s latest senior vice president and chief marketing officer. Curtis is abandoning Frontier’s old marketing policies that eliminated a lot of fine print, sneaky fees/surcharges, and term contracts. The two-year contract with $120 early cancellation fee is the hallmark of Curtis’ commitment to reduce Frontier’s substantial customer churn, as customers abandon Frontier for competitors. A $120 sting in a customer’s wallet may convince many not to switch providers.

Frontier’s latest surcharges are also designed to extract more revenue from customers. A $10 per month compulsory equipment rental fee and recently increased “Internet Infrastructure Surcharge” will be applied to all customers in the future. Frontier previously allowed some customers to avoid the $10 monthly equipment rental fee by buying equipment outright from Frontier for $200. That option may be going away as Frontier gets serious about collecting $14 a month in surcharges from their internet customers.

Most legacy copper customers will be pitched up to three speed tiers ranging from 1, 6, and 12 Mbps, but not all customers will qualify for 6 or 12 Mbps plans if wiring in the neighborhood cannot support those speeds. There are Frontier service areas in metro areas that cannot achieve better than 3 Mbps, and plenty more in rural areas that top out at 1-3 Mbps. Those slower speed customers may not qualify for some promotions now available.

If you try to order faster internet speed not available in your neighborhood, you will likely see this error message.

Current promotions claim to offer up to 12 Mbps internet service for $12 a month for two years when bundled with voice service and/or a choice of packages that bundle internet and DISH satellite TV for $88 a month or a triple play of internet, voice, and satellite TV for $102 a month. Customers ordering online can get a $100 prepaid Visa card. But there are plenty of price-changing fees found in the terms and conditions, including an extra $14 a month in fees for that $12 a month internet offer. Customers that cancel any service in a promotional package automatically forfeit all promotional pricing and will be a charged an early termination fee up to $120.

Frontier charges a number of hidden fees on internet service, which increases the advertised price by at least $14 a month:

  • Broadband router fee ($10/mo.) (Frontier used to allow customers to waive this fee by buying Frontier’s $200 equipment package up front.)
  • Internet Infrastructure Surcharge ($3.99/mo.) (the fee was $1.99 a month)
  • A $9.99 equipment delivery/handling fee.
  • A $9.99 broadband processing fee upon disconnection of service.
  • A $75 installation fee applies to broadband-only service, waived if a customer chooses to bundle another service with internet.

Frontier claims it offers the speeds “you need” on a “reliable” network.

But there is plenty more fine print to consider, the most important we’ve underlined below:

Visa Gift Card: Limit one VISA Reward Card per household. Customer must submit (2) paid bill statements and follow the redemption instructions to receive VISA Reward Card, subject to Frontier verification. Customer agrees to share billing information with Frontier’s fulfillment partners. Limited-time offer for new Internet residential customers. Must subscribe to a qualifying package of new High-Speed Internet. Visit internet.Frontier.com/terms.html for details. VISA Reward Card offer is provided by Internet.frontier.com and is not sponsored by Frontier.

“Free” Amazon Echo Dot: Requires a two-year agreement with $120 maximum early termination fee on new internet and qualifying voice services. Maximum $120 Frontier early termination fee associated with Amazon Echo Dot offer is in addition to DISH early termination fee described below. The Amazon Echo Dot is given away by Frontier Communications. Amazon is not a sponsor of this promotion.

$12 Internet offer: New residential Internet customers only. Must subscribe to a two-year agreement on new High-Speed Internet with maximum speed range of 6.1 Mbps to 12 Mbps download and qualifying Voice service. After 24-month promotional period, promotional discount will end and the then-current everyday monthly price will apply to Internet and voice services and equipment.

$88 Internet and DISH TV offer: Limited-time offer for new residential Internet and new TV customers. Must subscribe to a two-year agreement on new High-Speed Internet with maximum speed range of 6.1 Mbps to 12 Mbps download and new DISH® AT120 service. After 24-month promotional period, promotional discount will end and the then-current everyday monthly price will apply to Internet service and equipment. A $34.99 Frontier video setup fee applies.

Frontier’s new marketing chief is returning the company to gotcha fees, surcharges, and contracts.

$102 Internet, DISH TV and Voice offer: Limited-time offer for new TV, new Internet and new Voice customers. Must subscribe to a two-year agreement on new High-Speed Internet with maximum speed range of 6.1 Mbps to 12 Mbps download, new qualifying Voice service and new DISH® AT120 service. After 24-month promotional period, promotional discount will end and the then-current everyday monthly price will apply to Internet and voice services and equipment. A $34.99 Frontier video setup fee applies. Unlimited calling is based on normal residential, personal, noncommercial use. Calls to 411 incur an additional charge.

Important DISH Terms and Conditions. Qualification: Advertised price requires credit qualification and 24-month commitment. Upfront activation and/or receiver upgrade fees may apply based on credit qualification. Offer ends 7/10/19. Early termination fee of $20/mo. remaining applies if you cancel early. America’s Top 120 programming package, local channels, HD service fees, and Hopper Duo Smart DVR for 1 TV. Programming package upgrades ($79.99 for AT120+, $89.99 for AT200, $99.99 for AT250), monthly fees for upgraded or additional receivers ($5-$7 per additional TV, receivers with additional functionality may be $10-$15). Taxes & surcharges, add-on programming (including premium channels), DISH Protect, and transactional fees. 3 Mos. Free: After 3 mos., you will be billed $20/mo. for Showtime and DISH Movie Pack unless you call or go online to cancel. All packages, programming, features, and functionality and all prices and fees not included in price lock are subject to change without notice. After 6 mos., if selected, you will be billed $9.99/mo. for DISH Protect Silver unless you call to cancel. After 2 years, then-current everyday prices for all services apply.

All Offers: Offer not valid in select areas of CT, NC, SC, MN, IL, OH, NY. Check promotion availability for your address. Maximum service speed is not available to all locations and the maximum speed for service at your location may be lower than the maximum speed in this range. Service speed is not guaranteed and will depend on many factors. Your ability to stream may be limited by speeds available in your area. Cannot be combined with other promotional offers on the same services. Equipment, taxes, governmental surcharges, and fees including broadband router fee ($10/mo.), Internet Infrastructure Surcharge ($3.99/mo.), and other applicable charges extra, and subject to change during and after the promotional period. A $9.99 equipment delivery/handling fee applies. A $9.99 broadband processing fee upon disconnection of service applies. Service and promotion subject to availability. $75 Installation fee waived on new Frontier Double and Triple plays. Standard charges apply for jack installation, wiring and other additional services. Frontier reserves the right to withdraw this offer at any time. Other restrictions apply. Subject to Frontier’s fair use policy and terms of service.

beGONE Sports: Comcast Boots beIN Sports from Lineup in Contract Renewal Dispute

Comcast has dropped sports network beIN Sports off the lineup after its contract with the cable company expired July 31.

Customers who tune to the channel will find a series of rotating on-screen messages explaining the network was switched off because the renewal price was too high:

Have you heard about a disagreement between beIn Sports and Comcast?

Every month Comcast has to pay networks to bring their programming to you. That’s right, we pay the network. Not the other way around.

Now beIN sports is asking for a major increase in fees for the channel you already have, which could have a big impact on your bill.

beIN Sports won’t allow Comcast to carry its channels until this is resolved.

beIN Media Group, a spinoff of Al Jazeera Media Network, owns the network and has already filed a complaint against Comcast for violation of the deal conditions imposed by the FCC after approving the merger of Comcast and NBCUniversal. The complaint alleges Comcast is giving preferential treatment to its own sports networks, a violation of program carriage rules. That complaint remains pending.

“We are deeply disappointed that despite our best efforts over the last year to resolve the situation, millions of Comcast XFINITY subscribers have lost access to the content they love. We are happy to extend existing terms while we continue to negotiate, but unfortunately Comcast would rather continue to charge the same while taking away valuable and loved content from customers,” said Antonio Briceño, beIN Sports’ deputy managing director for the U.S. and Canada. “The truth is, we face a disheartening trend of media consolidation, where the big get bigger and innovative brands like ours that serve diverse audiences get pushed-out. This is almost always to the detriment of consumers who end up paying the price. We hope it stops now.”

Charter May Be Violating NYC Franchise Agreement by Using Out of Area Contractors

Phillip Dampier February 26, 2018 Charter Spectrum, Consumer News, Public Policy & Gov't Comments Off on Charter May Be Violating NYC Franchise Agreement by Using Out of Area Contractors

Spectrum workers on strike march in the 2017 Labor Day parade in New York City. (Image courtesy: IBEW/Local 3)

Charter Communications’ list of addresses of some of its “locally based contractors” turned out to be self-storage locations, leading to accusations the company could potentially be in default of its franchise agreement with New York City.

Charter agreed to use city-based contractors wherever possible to maintain and upgrade its expansive cable system in the Big Apple. But an audit by the Department of Information Technology and Telecommunications found only seven of 26 vendors Charter uses are in the city, despite claims by Charter that 77% of its vendors are NYC-based.

On its own, the violation might seem minor, except for the fact Charter Communications has left 1,800 of its best-trained workers in New York and New Jersey out on strike for 11 months, the longest unresolved labor action of 2017.

Workers’ demands, presented by the International Brotherhood of Electrical Workers (IBEW) Local 3, have been largely ignored by Charter, in part because the company can find replacement workers outside of the area.

Charter’s denial of the accusation it was in violation of its agreement to use local labor included an attempt to broaden the definition of “located,” followed by an effort to change the subject to what the company alleges are more than 100 acts of vandalism committed by striking workers or those sympathizing with them.

“We continue to meet our franchise obligations, and our response to their findings is included in the report,” a Charter spokesman told the New York Daily News over the weekend.

Although union resources supporting the striking workers have been tested to their limits, the union and most of its members persevere. But it remains a difficult struggle, with some members on the verge of losing their apartments, and many more now relying on food banks and public assistance.

The dispute began after the former Time Warner Cable employees were transitioned to Charter Communications. Charter announced it wanted to pull out of the union’s pension and healthcare plans and replace them with a company-sponsored healthcare offer and a 401(k) retirement plan.

“They basically said that until we agree that they don’t have to contribute to our pension and health plan, they won’t talk about anything else,” Chris Erikson, business manager of Local 3, told the Daily News last fall. “That’s a gun to our head, they said ‘Take it or leave it.’ And our membership understands the value of what’s at stake here, and they decided to leave it.”

Efforts by large corporations to abandon employee care and retirement plans administered by the unions themselves is part of a broader national attack to make unions irrelevant, argue union defenders. The replacement plans offered by Charter are greatly reduced from what Local 3 fought for and won from Time Warner Cable.

“The practical side of the medical plan that the members have is: my son had a kidney transplant and I got the bill from Columbia Presbyterian hospital and it was $96,000. My share of that was 200 bucks. If I was in Charter’s medical plan I’d probably have to take a loan to pay the hospital bill – that’s with coverage,” Erikson told The Guardian.

Charter can certainly afford to cover its workers’ needs. The company’s CEO was the highest paid in the country in 2016, earning $98 million. The impact of the Trump tax cuts also delivered soaring profits for Charter Communications as a whole.

Profits for the fourth quarter of 2017 hit $9.6 billion, compared with $454 million during the same period in 2016. Profits for the year reached $9.9 billion, compared with $3.5 billion in 2016. Charter earned $41.6 billion in revenue in 2017.

New York Mayor Bill de Blasio thinks the strike has gone on for too long.

“It’s been almost a year that Local 3 workers have been on strike. It’s far past time for management to come to the table with a fair deal,” he said.

Altice Customers Lose Starz/Encore Premium Channels in First Programming Dispute of 2018

Phillip Dampier January 2, 2018 Altice USA, Competition, Consumer News, Online Video Comments Off on Altice Customers Lose Starz/Encore Premium Channels in First Programming Dispute of 2018

Altice customers woke up on New Year’s Day to discover as many as 17 Starz and Encore premium movie channels missing from their lineup, replaced with little-watched alternative networks like The Cowboy Channel and Hallmark Drama.

It is the first retransmission consent dispute of 2018, and it began as 2017 ended. Altice issued a terse statement:

As of midnight December 31, 2017, Altice USA will no longer carry Starz or StarzEncore programming directly. Despite numerous attempts by Altice USA to reach a deal with Starz for continued carriage in video packages and a la carte carriage, Starz refused all offers, including an offer to extend our current arrangement.

Customers will not get a discount on their cable bill because of the loss of the premium movie networks. Instead, Altice quickly signed carriage agreements with several replacement basic cable networks including Hallmark Drama, Sony Movies, MGM HD, HD Net Movies, Flix, and Cowboy Channel. The last network on the list seemed an odd choice for the New York City market, featuring rodeos and rural living-oriented programming. Some customers were also placated with a replacement subscription to The Movie Channel.

Customers don’t consider the six replacements adequate for the loss of more than a dozen premium-priced movie channels, including STARZ, STARZ Edge, STARZ In Black, STARZ Comedy, STARZ Cinema, STARZ Kids & Family, STARZENCORE, STARZENCORE Action, STARZENCORE Classic, STARZENCORE Black, STARZENCORE Family, STARZENCORE Suspense, STARZENCORE Westerns, STARZENCORE Español and Movie Plex channels, and some plan to downgrade or cancel service.

Altice has played hardball with programmers in the past, especially those that direct-sell their programming to consumers through online streaming. In follow-up remarks, Altice essentially told customers to go and buy Starz directly from Starz itself, and took a shot at the network claiming most of their customers don’t watch their movie channels anyway.

“We are focused on providing the best content experience for our customers and continually evaluate which channels meet their needs and preferences relative to the cost of the programming imposed by content owners,” Altice officials said in a statement. “Given that Starz is available to all consumers directly through Starz’ own over-the-top streaming service, we don’t believe it makes sense to charge all of our customers for Starz programming, particularly when their viewership is declining and the majority of our customers don’t watch Starz. We believe it is in the best interest of all our customers to replace Starz and StarzEncore programming with alternative entertainment channels that will provide a robust content experience at a great value.”

Altice did expand on what it felt were unfair terms being offered to it while consumers could get the same movies and original series for less money elsewhere:

“Since our last contract renewal, Starz began offering a direct to consumer streaming service for $8.99 per month. Given that Starz is available direct to consumer through their subscription service, we have been actively negotiating to reach a deal that makes sense for all our customers, and made numerous offers of increasing value and partnership structures.

Starz wanted an all or nothing-type deal and their insistence on terms would force us to charge customers more than what the Starz OTT product costs — that would not make sense for our customers. Given the limited viewership of Starz amongst our customer base and that consumers can get Starz directly, we believe this approach is in the best interest of all of our customers who otherwise would have seen an impact on prices due to Starz’ demands.

We have simply been seeking to do what Starz itself is doing: support a Starz a la carte product, whether through our sales channels or through their OTT service.

We have reached more than two dozen agreements over the last few months that reflect the company’s commitment to both negotiate fairly and keep costs down for customers. In addition to offers to maintain packaged distribution, we proposed extending our a la carte deal in Suddenlink to include Optimum and Starz refused – this despite the fact that Starz has a la carte only deals with other distributors. We also offered to help sell the Starz OTT service to our broadband customers and they refused. We also offered to extend our current agreements.”

Analysts say it is very uncommon for a cable company to encourage its customers to directly subscribe to a service traditionally sold by the cable operator itself. Altice sought to drive home their view that selling cable programming direct-to-consumers devalues the product for cable operators, especially if the programmer sells it directly to consumers at a lower retail price than a cable operator can can buy at the wholesale rate.

“Despite all of Altice’s assertions to the contrary, the facts in this dispute are simple. Altice wanted a drastic reduction in price that was totally inconsistent with the market and flew in the face of the record popularity of our programming,” Starz said in a statement that did not refute Altice’s cost claims.

Starz offers a 7-day free trial of its streaming app, which offers on-demand access to most titles found on Starz or Encore networks. After the free trial, the service is available for $8.99 a month or $89.99 a year, which offers a 17% discount off the monthly price. The website offers more information about supported devices and streaming policies.

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