Aereo plans to expand to nearly two dozen cities in the coming year.

Viewers of NBC’s Nightly News with Brian Williams learned an upstart online streaming video competitor seeking to help Americans control their cable bills is probably an illegal pirate operation that doesn’t pay for the programming that parent company Comcast-NBC pays hundreds of millions to produce.

On Tuesday Aereo bypassed the network television gatekeepers suing to shut the service down and bought a full-page ad in the New York Times to remind the country it is winning its case in court:

“The broadcast networks have been granted free and valuable broadcast spectrum worth billions of dollars in exchange for their commitment to act in the public interest. It’s a sweet deal… Along the way, cable and satellite providers entered the picture.

In addition to free spectrum and advertising revenues, the networks got very lucrative retransmission fees from these providers. And so, for many, broadcast television is now offered in expensive fixed bundles or packages. Yet many millions of Americans continue to use antennas to get broadcast TV.”

Despite the corporate media firewall that keeps positive reports about the competition off the nightly news, the little streaming company that could is having an impact.

In the last two weeks, virtual hysteria has broken out among major network officials who are threatening to pull the plug on free over the air TV if their multi-billion dollar operations are not granted immediate protection from a startup that rents out dime-sized antennas in New York City to stream local television stations.

Chase Carey from Fox said he’ll put the Fox Network behind a pay wall if Aereo keeps it up.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Leo Hindery Calls Aereo Pissant 4-12-13.flv[/flv]

Leo Hindery who oversees a private equity firm and has a history with both cable and broadcast networks called Aereo tawdry and a “pissant little company” run by a man who helped launch the Fox Network and now threatens to ruin the broadcast television business model for everyone else. (Bloomberg News) (5 minutes)

Is media consolidation influencing the evening news?

A combination of networks and other big media interests are now preparing to take their battle to Congress, warning lawmakers the very concept of free over the air television is in peril if companies like Aereo are allowed to operate.

Why are they so threatened? Aereo effectively bypasses the “retransmission consent fees” that broadcasters now charge pay television providers for permission to carry their channels and networks. As advertising revenue declines from reduced viewing numbers and equipment that offers viewers a fast forward through ads, the broadcasters have found gold charging monthly fees to cable, satellite, and telephone company TV systems for each subscriber. Ultimately, consumers pay these fees through higher cable and satellite bills.

Aereo receives over the air signals from individual antennas and makes that programming available for online streaming. No retransmission consent fees are required, Aereo argues, because they are just serving as an antenna farm. Only one stream per antenna is allowed, they note, so the company is not mass-distributing programming.

The battle between broadcasters and Aereo is now turning up in news reports that have tried to walk a fine line between the positions of the executives at the networks suing Aereo and the streaming service itself. Not every news outlet is managing the balancing act successfully.

[flv width=”596″ height=”356″]http://www.phillipdampier.com/video/NBC News Aereo vs Broadcasters 4-9-13.flv[/flv]

NBC News aired this incomplete report about Aereo on its evening newscast on April 9th. What is missing? The fact courts have so far sided with Aereo and against the broadcasters’ claims the service is pirating content.  (3 minutes)

The Verge points out NBC News did not make it far before they fell solidly in line behind their corporate owners:

In its piece on Aereo, NBC News included a lengthy explanation of what TV has meant to Americans through the decades. Aereo’s CEO Chet Kanojia is quoted, but only about how the service functions, and there’s nothing from him about the controversy. In contrast, NBC’s story includes a quote from Carey calling Aereo “piracy.” The network news group also tossed in this line: “Aereo doesn’t pay networks for the content they spend hundreds of millions of dollars to produce.”

What NBC didn’t say was that, according to two separate federal courts, Aereo’s service is legal. The ruling by the appeals court upheld a district judge’s decision and was not insignificant. The court allowed Aereo and Kanojia (photographed at right) to continue operating until the lawsuit with the broadcasters is resolved, which could take years. “We were disappointed that NBC News didn’t include a mention about the court decisions,” Virginia Lam, an Aereo spokesperson, told The Verge. “All we ask are that the facts be reported.”

A spokesperson for NBC News disagreed. “The report was a fair and straightforward telling of how the service operates in the changing media environment. It fully explained why Aereo argues that the service is legal, and included an interview with Kanojia. In the interest of full disclosure, it also noted that NBCUniversal, the parent company of NBC News, has filed suit against the service.”

 [flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Broadcasters vs Aereo 4-15-13.flv[/flv]

Robert Prather, president of local station owner Gray Television, tells Bloomberg News station owners are still trying to figure out what Aereo means for their business models. (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Aereo CEO Responds to Fox Threats 4-17-13.flv[/flv]

Aereo’s CEO responded today to threats from Fox to turn its network into a pay cable service, suggesting that if Fox wanted to abandon over the air service, someone else might make use of that spectrum.  (3 minutes)

A growing scandal over alleged diversion of British taxpayer funds intended for fiber broadband rollouts has now cost one whistleblower his job, terminated after suggesting British Telecom (BT) is artificially inflating infrastructure expenses.

The Conservative government’s Department for Culture, Media, and Sport (DCMS) oversees £1 billion in public subsidies to improve broadband in Britain. Much of that is earmarked to construct fiber to the neighborhood facilities in smaller towns and villages — the rural subsidy providing the only chance most of these residents have for better broadband service. But a whistleblower inside the DCMS has said the primary government-approved contractor, BT, is artificially inflating its prices — pocketing a growing amount of taxpayer funds instead of enhancing its broadband buildout.

Courtesy: Br0kenTeleph0n3 (click to enlarge)

The whistleblower, identified as Michael Kiely, a DCMS broadband project consultant, was fired after he detailed BT’s ever-growing (and highly confidential) cost estimates to several village and town councils fighting for a better deal from the phone company. The issue has been closely watched by the Br0kenTeleph0n3 blog, which reports on how Britain’s broadband stimulus funding is being spent. The blog reported the DCMS sacked Kiely, apparently for exposing BT’s secret pricing schemes.

“I am getting increasingly concerned at the way in which whistleblowers are being bullied,” Margaret Hodge, chair of the Public Accounts Committee, told the Guardian newspaper while demanding an investigation. “All too often people hide behind commercial confidentiality. This culture denies us the right to know how our money is being spent.”

Many local governments are matching broadband subsidies with local funds to increase the number of homes reached by fiber-enhanced Internet access. The demand for fast broadband is so great in the UK, the initial plan to spend £530 million has now been effectively doubled, with even more money coming from the European Commission and other sources. Britain’s broadband expansion plan envisions reaching as many rural homes as feasible with the available funds. The more funds diverted away from broadband expansion into the pockets of others, the fewer number of homes can be reached.

The enormous amount of available government funding  appears to have caught BT by surprise, and Kiely suspects the company is inventing new fees, while inflating others, to ‘soak up’ the additional money without having to deliver any improvements in service.

Kiely noted BT appeared to be setting  new wholesale rates for fiber cabinets, despite the fact costs vary widely in different regions. Kiely notes that even as BT enjoys economies of scale, the price it charges for rural cabinets appears to be rising, even though costs are declining.

In rural areas, BT is seeking up to £30,000 for each fiber cabinet, despite the fact the average price in Northern Ireland’s recent broadband roll-out was just over £13,000 each.

BT’s estimate for two fiber cabinets in Great Asby, which will service hundreds of residents, was estimated at £60,000, a price Kiely also suggests is inflated.

The phone company has made cost verification nearly impossible with strict, mandatory confidentiality agreements that prohibit local councils from learning BT’s true costs. BT’s non-disclosure agreement also prohibits local governments from comparing notes about what the company charges in nearby communities. The government has approved only two vendors for the government-funded broadband expansion — BT and Fujitsu, with BT winning the overwhelming majority of contracts.

The giant, former state-owned phone company, comparable to AT&T or Bell Canada, can also hide cost reductions achieved from experience rolling out service, economies of scale like volume discounts, and other labor savings. BT’s attempt to create standardized pricing also leaves plenty of room to inflate prices by rolling in unexplained charges like “planning costs,” “availability charges,” and “take up bonuses.”

Despite this, BT says claims it is misspending public funds are completely baseless, and points to its own independent investment in British broadband.

“It is ludicrous that some people are suggesting that we are trying to pass on the full cost of deployment to our public sector partners,” BT said in a statement. “In fact, we are looking at a low double digit year payback in these areas even when the public funds are taken into account.”

Courtesy: Br0kenTeleph0n3 (Click to enlarge)

Conservative party loyalist Maria Miller, recently appointed as the government’s new culture secretary during a cabinet reshuffle, has not commented on the BT controversy. Instead, she has prioritized reducing government “red tape” for providers like BT while also tamping down expectations for the broadband expansion program.

Among her deregulation priorities: scrap the right for local governments to object to the placement of often unsightly broadband street cabinets, force “reasonable” terms on private landowners where necessary infrastructure must be placed or routed across, and sweeping permission to allow virtually anyone to put overhead lines up anywhere they please. All of these objectives heavily favor BT’s interests, according to industry observers.

Miller also recently took pressure off BT to deliver game-changing speeds by redefining “superfast broadband” as “potential headline download access speeds greater than 24Mbps.” That falls far short of the 100Mbps service most expected in return for more than £1 billion in taxpayer subsidies, often directed to BT.

Even more telling, Miller considers 2Mbps broadband speeds adequate: “Our investment will help provide 90% of homes and businesses with access to superfast broadband and for everyone in the UK to have access to at least 2Mbps,” she said.

The European continent, in comparison, is targeting 30Mbps as the bare minimum speed, with at least 50% of Europeans getting 100Mbps service by 2020.

Great Britain’s broadband expansion plan is highly dependent on fiber to the neighborhood (FTTN) technology, with traditional copper phone lines carrying the service the rest of the way into a home or office. Both AT&T’s U-verse and Bell’s Fibe are examples of FTTN technology.

As elsewhere, BT considers 24Mbps a suitable maximum speed for FTTN technology, but most customers will not even achieve that. Just like traditional DSL, distance matters, as does line quality. BT has quietly told most councils the average speed most local residents will actually receive is 15Mbps on average.

[flv width=”640″ height=”372″]http://www.phillipdampier.com/video/Jeremy Hunt Announces Superfast broadband 2010.flv[/flv]

Former Secretary of State for Olympics, Culture, Media and Sport Jeremy Hunt outlining Britain’s superfast broadband initiative in 2010. (4 minutes)