The Federal Cable-Protection Commission

Problem: Solved?

The Federal Communications Commission last Friday unanimously voted to free cable operators from their obligation to sell cable channels they own to rival satellite and phone companies.

In a bizarre justification, FCC chairman Julius Genachowski said ending the unambiguous rules would prevent anti-competitive activity in the market because the FCC would retain the right to review industry abuses on a case-by-case basis. Lawmakers called that an invitation for endless, time consuming litigation that will deprive consumers of competitive choice and favor the still-dominant cable television industry.

“The sunset of the program access rules could lead to a new dawn of less choice and higher prices for consumers,” said Rep. Ed Markey (D-Mass.), one of the original authors of the rules. “If we do not extend the program access rules, the largest cable companies could withhold popular sports and entertainment programming from their competitors, reducing the competition and choice that has benefited consumers. I urge Chairman Genachowski and the FCC commissioners to extend the program access rules that have helped to level the playing field in the paid television marketplace.”

The FCC’s decision could have profound implications on would-be competitors, particularly start-ups like Google Fiber that could find itself without access to popular cable networks at any price.

At a time when cable companies and programmers are constantly pitted against each other in contract/carriage disputes, the deregulatory spirit at the FCC is likely to irritate consumers even more.

Phillip “How nice of the FCC to think about poor cable companies” Dampier

The FCC claims it will continue to protect sports programming from exclusive carriage agreements — a potentially critical concession considering the history of “exclusive, only on cable” programming contracts was largely focused on regional sports channel PRISM.

Comcast successfully kept the popular Philadelphia-based network (today known as Comcast SportsNet Philadephia) off competing satellite services and cable operators by only distributing the network terrestrially. A controversial FCC rule (known as the “terrestrial exception”) states that a television channel does not have to make its shows available to satellite companies if it does not use satellites to transmit its programs. Cox Cable has its own implementation of that loophole running in San Diego.

Derek Chang, executive vice-president of DirecTV, says Comcast’s local market share dominance is a direct consequence of SportsNet. More importantly, Chang believes even if Comcast says it will sell the network to competitors, it is free to set prices for SportsNet as high as it wants.

“They win either way,” Chang said. “They’re either going to gouge our customers, or they’re going to withhold it from our customers.”

Verizon FiOS has secured the right to carry the channel on its system, but won’t say how much it pays.

The PRISM case is today’s best evidence that exclusive agreements do hamper competition — Philadelphia is hardly a hotbed of satellite dishes, with a 40-50% reduced satellite subscriber rate attributable to the lack of popular regional sports on satellite.

FCC Chairman Julius Genachowski’s cowardly lion act is back. Will anyone at the FCC stand up to Big Telecom companies while busy watering down pro-competitive policies?

Historically, satellite dish owners and wireless cable customers were the most likely victims of exclusive or predatory programming contracts, with some cable networks refusing to sell their programming to competing technologies at any price.  Others charged enormous, unjustified mark-ups that made the technology non-competitive. Today, wireless cable television is mostly defunct and home satellite dish service has largely been replaced with direct broadcast satellite providers DirecTV and Dish.

Today’s programming landscape is more complicated. The FCC would argue that unlike in the 1980s, most cable programmers are no longer directly controlled by yesteryear’s Tele-Communications, Inc. (TCI) and Time Warner (Time Warner Cable was spun off into an independent, unaffiliated entity in March, 2009), which collectively controlled dozens of popular cable networks. But programmers’ know their best customers remain cable operators which maintain a dominant market share in every major American city.

Friday’s ruling has implications for telco-TV providers and satellite dish companies that may find programming negotiations more complicated than ever. AT&T U-verse and Verizon FiOS may find access to cable-owned programming difficult or even impossible to obtain if cable operators decide their unwanted competition is harmful to their business interests.

But an even larger challenge looms for the next generation of video competition: Google Fiber TV and “over the top” online video.

Nobody is complaining about Google’s robust gigabit broadband offering, but Kansas City residents originally expressed concern about the company’s proposed television lineup. As originally announced, Google Fiber TV was missing HBO and ESPN.

A competing cable system without ESPN is dead in the water for sports enthusiasts.

Google has since managed to sign agreements that expand their channel lineup (although it is still missing HBO). But nothing prevents channel owners from dramatically raising the price at renewal. That is a concern for smaller cable operators as well, who want protection from discriminatory pricing that awards the best prices to giant multi-system operators like Comcast and Time Warner Cable.

The most important impact of the FCC’s decision may be for those waiting to launch virtual cable systems delivering online programming to customers who want to pick and choose from a list of networks.

The FCC’s “new rules” give programmers who depend on tens of millions of cable subscribers even more ammunition to kill competing distribution models like over the top video. Start-up providers who cannot obtain reasonable and fair access to cable programming will have to depend on the vague policies the FCC claims it will enforce to prevent egregious abuse. But the FCC is not known for its speed and start-up companies may face enormous legal fees fighting for fair access that is now open to subjective interpretation.

Comedy Central’s Jon Stewart expressed his views about the ongoing dispute between DirecTV and Viacom into his first show back from vacation. He was not charitable to his ultimate boss Viacom, asking company executives, “What are you, China?” Viacom quietly restored streaming access to its programming earlier today. (Clip viewable only within the United States) (5 minutes)

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.

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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.

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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

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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.

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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.

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

Big cable and phone companies can thank 2011’s Hurricane Irene for keeping them from scoring #1 on the American Customer Satisfaction Index’s top most disliked companies in America. Those choice spots were reserved for utility companies on Long Island and in Connecticut.

But even the rain-soaker that left millions without power for weeks couldn’t keep America’s perennial hatred of cable and phone companies from the top 15 list:

#3 Charter Communications – The “Don’t Care-Bears” of Cable

America’s worst cable company delivers downright shoddy customer service and dodgy billing practices a loan shark would not dare try. The company has been flopping around like a beached whale since exiting its “stiff our creditors good with a quick trip to bankruptcy court,” and is now back to stiffing their customers instead:

“The sales rep originally promised us a $42.95 a month for services, with an introductory price of $24.95 for the first 3 months (a savings of $18 a month). After the introductory period ended, the company started charging me $56.95, when I finally caught on that they were charging me $14 more per month than what is said on the Work Order (could provide at anytime for proof), he never once mentioned that there will be a $10 more per month, and now the company says if you have no other cable service with us (Charter Communications), you are to be charged $10 more per month!!”

#4 Comcast – Hey, It Could Be Worse — At Least We’re Not Charter!

Comcast had a bad year with faulty e-mail, failing equipment, and more excuses than CVS has pills. Unprofessional contract installers also have problems keeping their hands to themselves. The largest cable operator in the country has also been known to empty checking accounts when they want their money, and there are horror stories about installers leaving wires, clips, and nails scattered on front lawns, quickly becoming projectiles when the mower runs over them.

Their cable service shampoos in mediocrity scoring 61 out of 100 and the “digital phone” service they run is the conditioning rinse, doing slightly better with a score of 67.

#6 Time Warner Cable – Always Listening to Customers, and Then Ignoring Them

Rated 63/100, Time Warner Cable managed a four point improvement over last year, which will be promptly erased if they keep experimenting with Internet Overcharging schemes.

Derided for “third world” customer service worthy of a despotic backwater dictatorship, slow Internet speeds, endless outages, and gouging rates, the ACSI has few nice things to report about America’s second largest cable conglomerate.

One customer vented, “TWC has destroyed my business and doesn’t give a damn: I first complained five weeks ago about outages and miserable upload speeds. I need to send large files to clients. I’ve had two technicians visit, who both found it was in the neighborhood. Today, I found the situation has not changed and am told there’s no further work order.”

Customers also complain about being stuck with Time Warner because there are no competing services in the area.

That being said, we’d rather have Time Warner Cable than AT&T or Comcast, and our personal customer service experience in western New York has been excellent for us, so it depends on where you live (and what competition they have in your area.)

#7 Cox Communications – Beam Me Up, Scotty!

Now we know where Time Warner’s four extra points came from — at the expense of Cox Cable, which is down by that same amount turning in a truly pathetic score of 63 out of 100.

Time Warner Cable occasionally threatens to buy out Cox, at least if industry rumors prove true, which might actually be an improvement.

Cox’s problem is time-honored for the cable industry — it gouges customers with outrageous rate increases the oil and gas industry don’t have the stomach to attempt.

Customers complain Cox is the High Priestess of Bait & Switch, signing customers up on one promotion and then shifting them to another, pretending the original offer was a figment of someone’s imagination. One customer:

 “I setup 2yr service w/Cox —1st yr @ $29.99, 2nd @ $49.99. Now after 6mon they changed it to 1st 6mon @ $29.99, 2nd 6mon @ $49.99, and 1 year @ 79.99.”

#11 CenturyLink – (Last)CenturyLink — America’s Worst Phone Company (Hey Frontier, You Get a Pass This Time)

CenturyLink, you must be so proud of your 66/100 score. In fact, add one more “6” and you’ll convince customers who already suspect you are the devil’s phone company.

“They lie about everything and do nothing,” one customer told ACSI. “I have been having issues with my Internet for a year and they have yet to help.” Another customer wrote that they’ve “had issues with CenturyLink employees flat out lying to [me] about the bill.”

Billing issues are most likely to be cited by complaining customers along with customer service representatives having less knowledge about the company’s products than customers do.

That being said, at least they don’t have the Frontier employee who insisted on telling us about the company’s wireless “wee-fee” network.  She admitted she had no idea it was “Wi-Fi.”

#14 DirectTV – Hey, We’re Looking Pretty Good Compared to the Other Guys

The satellite company managed 68/100, and the biggest problem they still have is misleading contracts and promotions that leave customers out of pocket for hundreds of dollars for deals that go un-honored and rebates that never arrive.

Discounts seem “luck of the draw” among customer service representatives:

“DirectTV raised the price for 30% after one year and said that they told me about this verbally, which is not true. My agreed price with Saha on the phone, a DirecTV employee, was $56.99 including two receivers and one HD/DVR receiver. DirecTV overcharged me on my first bill. When I complained, they said they forgot to give me my 30% discount. So over the next six months, they kept revising my bill but never got it right.”

KJRH’s newsroom has been spending a lot of time this spring dealing with viewers ripped off by their telecommunications providers.  When Tulsa residents can’t get satisfaction from the local cable or satellite company, they often call Channel 2’s Problem Solvers for help.

DirecTV’s Phantom Gift Cards: The Promised Rebate That You Qualify For, Until You Don’t

Satellite TV companies are increasingly aggressive pitching discounts and rebates to win customers away from traditional cable TV or the phone company’s new IPTV service.  In addition to cheap teaser rates, many providers also sweeten the deal with high value rebate cards for customers signing multi-year service contracts.

Local resident Michael was attracted to DirecTV’s $200 Visa card rebate offer and signed up for satellite service.  Weeks later, with no rebate card in hand, he called the company to find out why, only to be told he did not qualify.  When Michael tried to cancel service because the company didn’t deliver what it promised, the customer service representative informed him he would owe $480 in early cancellation penalties.

DirecTV's fine print: Emphasis ours.

DirecTV initially stonewalled KJRH when they called on Michael’s behalf, eventually claiming he was told he did not qualify for a rebate a week after signing up for service.  But when KJRH asked to hear a recording of the call DirecTV routinely makes when customers sign up for service, they changed their tune.

“The next day, we were told Michael had been given the wrong information about the promotion and he could cancel without that $480 penalty,” the Problem Solvers’ team reports.

Michael says it is important to get everything in writing — including the names of representatives you speak with — because that can make all the difference when a company tries to squeeze out of its own promotional promises.  He’s now an ex-DirecTV customer for free, and decided to watch his favorite shows over local broadcast TV.

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KJRH got called by Michael when DirecTV reneged on a $200 rebate offer that locked him into a contract that could cost him $480 to escape.  (2 minutes)

Suddenlink: Suddenly Owe $400 in April for Service You Canceled In January

Tulsa resident Lucille got the shock of her life this month when she opened a bill from Suddenlink charging her $400 for cable service she canceled in early January.

The past due bill came without warning and Lucille says she never received any phone call, bill, or letter notifying her charges were still accumulating on her account.

When she called Suddenlink, they told her that service was never discontinued, and she owed the money.

Lucille may have been born at night, but not last night.

Angered by Suddenlink’s intransigence, she called KJRH for help.  The station went to the top — calling Suddenlink’s corporate headquarters.

In short order, a company representative researching the dispute found Lucille’s cancellation request, as well as the customer service representative who never processed it.

That representative will be attending Customer Service 101 re-training classes, and a company executive called Lucille directly to apologize.

Not only that, a local Tulsa Suddenlink worker arrived with a $100 refund check — the credit balance owed her for service she paid one month ahead to receive.

While both Lucille and Michael benefited from the threat of both companies being portrayed in a bad light on the evening news, an unknown, uncounted number of customers may not win similar satisfaction.

Many customers simply give up pursuing unpaid rebate promotions (or forget about them altogether), and DirecTV’s nearly $500 early termination fee is a strong incentive to grudgingly stay with the satellite provider until your contract runs out.  Lucille, 88 years old, was not going to be intimidated by Suddenlink’s insistence she owed the money (or the implications of being called a past due deadbeat — an especially scandalous notion for older Americans).

Both consumers did something else: they wrote down names, times, and dates of their communications with the companies.  That can go a long way to winning satisfaction. So can filing complaints with the Better Business Bureau, which can usually prompt a contact from a higher-level customer service representative more willing to give a complaining customer the benefit of the doubt.

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KJRH got a call from Lucille about an unexpected $400 Suddenlink cable bill for April… for service she canceled in January.  (2 minutes)