Some additional details are emerging about the content partners and networks likely to participate in the joint Time Warner Cable-Comcast TV Everywhere (as long as you are a pay cable/telco video/satellite TV subscriber) partnership.

Turner Broadcasting (long since out of the control of Ted Turner, who was essentially escorted to the door years ago) is a key partner, which means TNT and TBS original series will be an essential part of the new service.  The network’s programming is already streamed to around 5,000 cable TV customers participating in a market trial.

Among the original shows the TNT and TBS networks air:

The Closer
Raising the Bar
Saving Grace
Leverage
My Boys
The Bill Engvall Show
Tyler Perry’s House of Payne

Also agreeing to participate in the venture: Rainbow Media, Scripps Networks and A&E Television Networks. That means you should also expect to see shows from these cable networks:

AMC
WE tv
The Independent Film Channel
Sundance Channel
HGTV
Food Network
DIY Network
Fine Living Network
Great American Country
A&E Network
History (Channel)
History International (Channel)
Bio (Channel)
Military History (Channel)
Crime & Investigation Network

The ultimate goal? To obliterate YouTube and Hulu TV as the most popular video websites in the United States.  Jeff Bewkes, CEO of Time Warner, fully expects TV Everywhere to be the nation’s largest and most popular destination for online video.

Some technical notes about accessing the service from Multichannel News:

At first, Comcast’s On-Demand Online content will be available only to customers who subscribe to both cable TV and broadband services, over only a Comcast-provided Internet connection through a subscriber’s cable modem, and via only the Comcast.net or Fancast.com portals. The MSO chose to “authenticate down to the subscriber level” to ensure the service will have a higher level of security out of the gate, said Comcast senior vice president of new media Matt Strauss.

Whereas Comcast had intended to provide On-Demand Online to subscribers solely through its own Web sites over its own broadband networks, Time Warner’s TV Everywhere imagines a decentralized way to let consumers log in to any participating sites to access content, including those run by the content owners.

Now Comcast has agreed to eventually allow video subscribers to access Time Warner’s content via TNT.tv and TBS.com, over any broadband connection they choose, although the specific mechanism for doing this hasn’t been determined yet.

Cable's Fear Factor: the Online Video Threat

[Updated 12:11pm EDT: Scott McNulty from Comcast notes in our comment section that the TV Everywhere concept will count against the 250GB usage allowance Comcast grants residential broadband customers, and suggests the concept is non-exclusive and voluntary.  We debate Scott on that point — see the Comments below the article to follow along and add your thoughts.]

The best kept secret in the broadband industry is now out.  Stop the Cap! reader Lou dropped us a note to say the New York Times has decided to let cable’s big secret out of the bag in an article published today entitled, “Cable TV’s Big Worry: Taming the Web.”  Lou writes, “finally, the mainstream media is pointing out that the real threat to Time Warner Cable and others is Hulu.”

In addition to the obsession to “monetize” content that is currently given away for free online, many in the cable industry believe the best way to tame the web is to control the content and method of distribution.  If you subscribe to a cable TV package, you’re approved.  If you don’t, no online video for you!  Once accessibility is limited to those “authenticated” to access the content, a handful of companies can determine exactly who can obtain their video programming, for how long, and at what price.  For everyone else not going along, discouraging ‘unauthorized’ viewing and disrupting underground distribution are powerful tools for providers to protect their video business model.

What is the best way to do that?  Internet Overcharging schemes of course.  By raising the alarm that online video growth will create a tsunami-like wave of Internet brownouts and traffic jams, and by trying to pit subscribers against one another based on perceptions of their usage, the message that will be part of any cable industry “education” campaign is that limits, tiers, fees, and penalties are the answer to all of these problems.  Watching Hulu every night?  Naughty. With this 20GB monthly limit, we’ll put a stop to that.  Netflix movie tonight?  Do you really want to risk going over your allowance and incurring “necessary” overlimit fees and penalties that represent more than 1,000% markup over our actual costs?  Wouldn’t it be fairer to your neighbors to watch HBO on your cable package instead?

Is it Fair for Big Trucks to Pay More On the Information Superhighway Because They’ll Wear It Out Faster?

In cities across the country, those interested in Internet Overcharging schemes are already engaged in focus group testing.  We know, because some of our readers have been stealth participants, informing us about all of their pretzel-like logic twisting games designed to convince the public that cable and telephone companies are not going to gouge you again with a higher bill.  Some want to use toll road analogies, others are using gas and electric comparisons, and one had the novel idea of putting a plate of food in the middle of the conference table and asking if it would be fair for just one person to eat 75% of it while the rest “go hungry.”

Unfortunately for them, by the end of the session, two of our readers attending two different panels derailed their efforts and had panels eating out of their hands in opposition to Internet Overcharging schemes, and collected a nice $75 (and uncapped lunch) for their efforts.

The Times piece only adds more evidence to help make the case that Internet Overcharging schemes aren’t about broadband fairness — they are part of a protection racket to protect fat profits earned from selling video packages to consumers.

Aware of how print, music and broadcast television have suffered severe business erosion, the chief executives of the major media conglomerates like Time Warner, Viacom and NBC Universal have made protecting cable TV from the ravages of the Internet perhaps their top priority.

“The majority of profits for the big entertainment companies is from cable programming,” said Stephen B. Burke, the president of Comcast, the nation’s largest cable company.

The major worry is that if cable networks do not protect the fees from paying subscribers, and offer most programming online at no cost — as newspapers have done — then customers may eventually cancel their cable subscriptions.

It’s My Cousin’s Fault

In other words, you and I are probably not the biggest threat the industry faces from the ultimate nightmare of eroding profits.  It’s really my cousin’s fault.  He, like many in their 20s, moved into his new home and didn’t do what many of us routinely did when we moved — start the newspaper service, connect the telephone line, and get the cable TV hooked up.

He did call Time Warner Cable — to only install Road Runner broadband Internet service.  He reads the news online, relies exclusively on a cell phone, and watches DVD’s and online video on his giant flat panel television.

The cable industry is horrified my cousin represents their future.

There is no sign of that happening anytime soon, but a recent poll by the Sanford C. Bernstein research group found that about 35 percent of people who watch videos online might cut their cable subscription within five years.

“We don’t think that it’s a problem now, but we do feel a sense of urgency,” Mr. Burke said.

An Urgency to Overcharge

Like most industries that have grown fat and happy on their traditional business models, the most common first response to a challenge to that model is to resist it.  The cable industry in particular has enjoyed a largesse of profits earned from years of de facto monopoly status in most communities, with the majority of its services being largely unregulated.  Cable rate increases have almost always exceeded the rate of inflation, and the public relations talking points for those rate increases has always been, “due to increased programming costs, which represent the increasing diversity and excellence of the cable channels we provide you….”

With prices for “basic/standard service” cable now approaching $60 a month, many younger customers just aren’t interested anymore.

Watching consumers abandon cable television packages for access through broadband gives executives and Wall Street analysts like Sanford C. Bernstein heartburn.  Until recently, many customers never contemplated the idea of getting rid of video packages and just keeping the broadband service they already have.  Not until Hulu.  That one website now represents a considerable amount of online video traffic from subscribers, and the cable industry isn’t in control of it, much less profiting from it.

Hulu represents a threat to be resisted.

You Use Too Much Internet, So We’ll Create Something That Will Make You Use More

To be fair to everyone, we have to get rid of the flat rate plan you’ve enjoyed for more than a decade and replace it with tiered pricing to be “fair” to subscribers because of enormous traffic growth. That what Time Warner Cable customers heard during a planned nonsensical trial of an Internet Overcharging scheme in four American cities, rapidly shelved when consumers rebelled and New York Congressman Eric Massa and Senator Charles Schumer got interested (Rochester, NY was a selected trial city).

It becomes all the more ludicrous as subscribers learn Time Warner Cable’s answer to the traffic jam is to add even more traffic… their traffic… onto their broadband lines.

Evidently online video is only a crisis requiring urgent action when it isn’t their online video.

One idea, advanced most vocally by Jeffrey L. Bewkes, the chairman of Time Warner, and embraced by many executives, would be to offer cable shows online for no extra charge, provided a viewer is first authenticated as a cable or satellite subscriber.

Mr. Bewkes has called the idea “TV Everywhere,” but others in the industry refer to it by other names: “authentication,” “entitlement,” and Comcast has called its coming service “OnDemand Online.”

“If you look at TV viewing, it’s up, even though the questions and stories are all about the role of video games and Internet usage and other uses of time,” Mr. Bewkes said.

The first test of the new system, which will authenticate cable subscribers online and make available programs on the Web for no additional charge, will be announced Wednesday, between Comcast and Time Warner. The trial will involve about 5,000 Comcast subscribers, and television shows from the Time Warner networks TNT and TBS.

It will be interesting to watch whether or not “no additional charge” means such content will be exempted from Comcast’s 250GB monthly usage limit, and whether Time Warner Cable will change their Subscriber Agreement to exempt their TV Everywhere service from the existing language in their agreement permitting Internet Overcharging schemes.  Time Warner Cable already exempts their “Digital Phone” product.

Ixnay on the Coin Chatter Already

The Times piece also raises eyebrows about the potential for collusion and antitrust violations in secretive meetings among industry executives, although they deny it.

The electronic media chiefs, including Mr. Bewkes, Jeff Zucker of NBC Universal and Philippe P. Dauman of Viacom, among others, have been more careful, so as to avoid being accused of collusion: much of the discussions have been on the telephone and in private, one-on-one chats during industry events. Pricing is rarely, if ever, discussed, according to executives involved in the discussions.

“We can’t get together and talk about business terms, but we can get together to work on setting open technology standards,” said Mr. Dauman, the chief executive at Viacom, which owns cable networks like MTV, VH1, Comedy Central and BET.

Although the representations from the industry seem benign, the potential for something far worse is always there.  Control the keys to unlock the door to online video (and the tools to lock out or limit the “other guy”), and you’ve got a plan to make sure people don’t dare drop their cable video package.  Where did the online video go from your favorite cable channel website?  It’s on TV Everywhere, and you don’t get in without an invitation.

One holdout among the major chief executives appears to be Robert A. Iger of the Walt Disney Company. At an industry conference this year he warned that gambits like TV Everywhere could be “anti-consumer and anti-technology” because such a plan would place cable programming behind a pay wall.

So much for “no extra charge.”

It’s Time to Investigate

Rep. Eric Massa (D-NY), is the House of Representatives’ watchdog on this issue.  He’s already connected the dots and realizes they lead in only one direction — to consumers’ pocketbooks.  Massa has introduced HR 2902, the Broadband Internet Fairness Act, specifically to prevent broadband providers from falling all over themselves to engage in anti-competitive, anti-consumer price gouging, all to cover their bottom lines.

This legislation, and Rep. Massa, needs your immediate support.  Call Congress and ask your representative to co-sponsor this vitally important bill.  The New York congressman is protecting consumers nationwide, and deserves your thanks and support.

Stop the Cap! also now calls on Congress and the appropriate regulatory bodies to begin an immediate investigation into the industry’s “cooperation” to launch TV Everywhere, and other similar projects. Specifically, we ask that an appropriate and thorough review be conducted to ensure that no collusion or antitrust violations have, are, or will take place as a result of this project.  We also call for a review of the “authentication” model proposed by the cable industry to ensure it does not exclude any consumer that subscribes to a competing video provider (satellite, telephone company, competing independent cable company, municipally owned provider, etc.), and that no “free pass” language be permitted that exempts their project from the terms and conditions that they seek to impose on others not affiliated with this project.

Senator Schumer’s long history of consumer protection would make him an excellent choice to lead such an investigation.

Once again, Net Neutrality must be the law of America’s online land.  Only with the assurance of a level playing field can we be certain no provider will attempt to exert influence or special favor over content they own, control, or distribute.

Viewers may have to stick with TV to watch the Olympics for free.

While the rest of the wired world gets ready to sit back and enjoy Olympics coverage from China, Americans are being told you can have the Olympics online, but you better not have metered broadband access.

When NBC partnered with TVTonic to provide NBC Olympics On The Go,  it had to specifically warn viewers with metered broadband access not to bother.   Streaming high quality video feeds can consume a significant amount of bandwidth, and can easily allow unassuming viewers to win the the gold in the Biggest Bandwidth Overlimit Fee competition.

TVTonic's warning to broadband users to not use the service if they are using a broadband provider with usage caps.

Content providers are starting to wake up to the real threat of the imposition of usage caps across the United States, limiting cable and DSL broadband customers from accessing content that was developed specifically for the broadband platform.

TVTonic is just one of several online services that could effectively be shut out of doing business in the United States because of broadband usage caps.   The company provides access to over 100 broadband Internet TV feeds, many transmitted in “high definition” quality, all of which would bring viewers ever closer to hitting their monthly limit.

Other providers such as Hulu and Joost provide legal access to hundreds of TV series, movies and specials at no charge to viewers.   But with bandwidth usage caps, will you be willing to spend your limited bandwidth watching?

Suspiciously, the “bandwidth crisis” that the industry continues to blame for the imposition of unreasonable usage caps stops at the water’s edge.   Customers in Japan and Korea enjoy broadband connections often a hundred times faster than what is available in the United States, at much lower prices and no restrictive caps.   In fact, outside of North America, nobody has heard of a bandwidth crisis.

While many broadband providers continue to reap handsome profits from their broadband services, demands for higher shareholder returns and struggling quarterly results from their other product lines in a stagnant economy have led many to decide investing in a lobbying scare campaign is a better use of their money.   It’s easier to try and convince Americans they are the problem, and limit service accordingly.

It’s good to know that I can order up video on demand from the comfort of my own living room (transmitted over the woefully over-congested cable system’s network if you believe them).   It’s not comforting to watch  FCC Commissioner Robert M. McDowell parrot the broadband industry’s propaganda talking points on demand, and in a voluntary guest column in Monday’s Washington Post yet:

Robert M. McDowell, FCC Commissioner

Today, a new challenge is upon us. Pipes are filling rapidly with “peer-to-peer” (“P2P”) file-sharing applications that crowd out other content and slow speeds for millions. Just as Napster  produced an explosion of shared (largely pirated) music files in 1999, today’s P2P applications allow consumers to share movies. P2P providers store movies on users’ home and office computers to avoid building huge “server farms” of giant computers for this bandwidth-intensive data. When consumers download these videos, they call on thousands of computers across the Web to upload each of their small pieces. As a result, some consumers’ “last-mile” connections, especially connections over cable and wireless networks, get clogged. These electronic traffic jams slow the Internet for most consumers, a majority of whom do not use P2P software to watch videos or surf the Web.

At peak times, 5 percent of Internet consumers are using 90 percent of the available bandwidth because of the P2P explosion. This flood of data has created a tyranny by a minority. Slower speeds degrade the quality of the service that consumers have paid for and ultimately diminish America’s competitiveness globally.

While we at the Federal Communications Commission are trying to spur more competitive build-out of vital “last mile” facilities, especially fiber and wireless platforms, this congestion will not be resolved merely by building fatter and faster pipes.

Peer-to-peer traffic has been an issue for the Internet long before the industry decided to call it a “bandwidth crisis.”   And despite McDowell’s pleas for “cooperation,” putting engineers to work  solving these problems instead of  regulation,  the broadband industry that appears before him with regularity has decided that cooperation really means a coordinated public relations campaign, with  the delivery of identical talking points about a bandwidth crisis, a sky is falling plea to Washington to use taxpayer funds to improve the infrastructure formerly developed with private funds, and the imposition of egregious usage caps no matter what else happens to control the bandwidth piggies.

Judicial action by the entertainment industry trade associations have actually reduced a lot of the illegal file trading and peer-to-peer usage.   And just as the company behind BitTorrent launches a whole menu of new, completely legal services, the cable and DSL providers come by and lay waste to such services, as consumers become reluctant to waste their bandwidth allotment on perfectly legitimate content.

Bandwidth saturation is not a problem only seen by the bandwidth providers.   Software developers, professional and otherwise, are constantly refining their applications and protocols to reduce the effects of bandwidth saturation, when your Internet connection effectively freezes up.   More importantly, the boneheads in the entertainment industry have finally realized that the best way to stop illegal distribution of your content is to offer that content yourself, legally with advertiser support.   New services like Hulu and Joost give people exactly what they want – TV shows with limited and tolerable commercial interruptions without the need to fire up Pirate Bay and their favorite torrent application.   It’s also cheaper than suing the very people consuming your content!   That McDowell misses the forest for the trees is not a surprise – he was an early advocate and supporter of Digital Rights Management (DRM), a concept so despised by consumers, its days are numbered on most of the services that embraced it.

McDowell repeats the commonly heard “5%” refrain usually seen near  the top of the industry press releases on the impending “bandwidth crisis.”   But the rest of us are still waiting for independent verification of this claim, and an explanation as to whether or not this traffic is legitimate access to the “unlimited” service every provider has advertised to consumers, or some form of “abuse” already dealt with in existing acceptable use policies, which can be quietly enforced without hiring bandwidth management consultant Count Dracula to suck the life force out of the Internet for everyone else with usage caps.

I’m also hard-pressed to understand exactly how that 5% of traffic poses a major threat to  America’s competitiveness globally, while a 5GB usage cap applied to 100% of one’s customers is shrugged off, if even acknowledged.   One need only ask the  CEO of Netflix: Is the erection of a Berlin Wall of usage caps a positive development for your business plan to deliver legal, high quality video content to subscriber televisions over broadband?

In McDowell’s world view, those consuming large amounts of bandwidth on perfectly legal products will shamefully achieve membership in the “Tyranny of the 5% Club,” abusing the rights of Bob down the street who has a computer to check his Yahoo! e-mail and little else, but now he has to wait because you insisted on watching Harry Potter.   Shame on you.   It’s all your fault.

Is McDowell unaware his doctrine of “cooperation” and “putting engineers on it” already has a solution to the “last mile congestion” problem, itself a logical lapse in the argument arsenal this industry uses to hoodwink us into believing the Internet is on the verge of crashing and burning.

DOCSIS 3.0, an improvement over existing data delivery technology still in place at most cable companies, can  go a long way towards  resolving any neighborhood congestion issues  with  channel bonding, which allows multiple channels to be devoted to upstream and downstream data.   If Time Warner or Comcast doesn’t want to implement the new standard, that’s hardly the fault of the Harry Potter fan down the street.

At the same time they decry the collapse of online modern civilization, somehow these same companies   find plenty of bandwidth to roll out more  video channels you never asked for (but will be used as an excuse for next year’s rate hike),  dozens of video on demand options, Voice Over IP telephone service,  and the increasing number of digital HD channels and switched digital video, which transmits a TV channel to your neighborhood only when someone  chooses to watch.   Data is data.   If there is a bandwidth crisis for cable modems, where is the plea to stop  using too much television,  stop ordering too much pay per view, and get off the phone because we’re out of bandwidth.   I haven’t heard those panic buttons pushed, have you?

If the FCC wants to help spur America’s leadership role in the new Internet economy, it can begin by recognizing America is falling further and further behind other nations, because corporate greed is devolving Internet access domestically into a highly expensive, relatively slow, and usage capped nightmare.   While American website operators will be redeveloping content to get rid of graphics or anything else that might eat too much data, the rest of the world moves forward with innovative broadband applications and content, all made available only to the wealthiest Americans who can afford the price.    For the rest of us, time to get reacquainted with Gopher.