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Retransmission Consent Wars: Time Warner Restores Hearst, Prepares to Lose Meredith

Phillip Dampier July 25, 2012 Consumer News, Public Policy & Gov't, Video 2 Comments

Time Warner Cable customers in Kansas City are ground zero for the cable operator’s retransmission consent battles with over-the-air stations that leave cable viewers without a full lineup of local channels.

Just hours after Time Warner customers got back two local stations owned by Hearst Corporation, Meredith Corporation’s KCTV and KSMO are preparing to pull the plug at midnight tonight.

“Please know that we have tried very hard to reach an agreement with Time Warner Cable, so that our viewers would not have to miss any of our stations’ around-the-clock reporting of news, politics, traffic, weather emergencies, public service announcements, and favorite local and national programming,” reads a statement from the two stations. “We are disappointed in the outcome of our negotiations especially since we have successfully reached agreements with every major cable and satellite company that recognizes our fair market value. The fact is that we are only asking Time Warner Cable for pennies a day from your cable bill for our programming.”

They did not elaborate on exactly how many pennies more a day they were asking to receive. Time Warner Cable suggested they wanted a 200% rate hike.

Should negotiations fail, viewers in Kansas City will lose their local CBS and CW affiliates. Time Warner Cable’s recent response to these disputes is to replace missing local stations with out-of-area stations, in this case most likely Nexstar’s WROC-TV in Rochester, N.Y., a CBS affiliate. Time Warner has not bothered to find a fill-in CW station to date.

But Nexstar last week sued Time Warner Cable in U.S. District Court in the northern district of Texas alleging copyright infringement and breach of contract for importing its TV stations without permission. Nexstar wants a temporary restraining order and damages. If the judge hearing the case issues the restraining order, Kansas City will have to do without a CBS station on Time Warner’s lineup until the dispute is settled.

So far this year, there have 69 instances of local stations withholding their signals from either a cable, phone, or satellite operator in disputes over retransmission rights fees.

In a hearing held yesterday in Washington, several senators attacked the disputes that deprive paying subscribers of broadcast stations.

Sen. Jim DeMint (R-S.C.) wants to repeal the 1992 law that allows broadcasters to require pay television operators to get permission and, in an increasing number of cases, payment to carry local broadcast stations.

DeMint argues the law has outlived its usefulness.

But Sen. John Kerry (D-Mass.) and others note the law also enacted several consumer protections and pro-competition policies that stopped programmers from withholding programming from competing pay television providers.

Kerry called demands to repeal the law altogether “radical” and suggested such moves could destroy local broadcasting. Cable operators want the power to negotiate contracts with out-of-area stations to leverage lower retransmission consent fees from broadcasters and provide customers with replacement stations when the two sides can’t or won’t agree to terms.

Broadcasters have suggested that could leave cable viewers with stations from distant cities, depriving viewers of important local news and emergency information.

For now, no action in Washington is anticipated. Broadcasters have leveraged their popularity to demand increasing payments for permission to carry their signals, and cable and other pay television operators, despite protests, usually agree to slightly lower fee increases and pass them right along to paying subscribers in the form of a rate increase.

Yesterday’s hearing, chaired by Sen. Jay Rockefeller (D-WV), discussed changes in television technologies over the past two decades. It focused on examining the effectiveness of the Must-Carry law, a 1992 law currently in place for the cable industry. The Must-Carry law requires a variety of local broadcast stations to be viewed on pay-TV platforms. Today’s Must-Carry rights were enacted by Congress in the 1992 Cable Act, which the Supreme court upheld in 1997. Congress then found that cable systems have an “economic incentive” to alter their local broadcast signals and that, without Must-Carry rules, broadcasters’ viability is jeopardized.

Although Chairman Rockefeller sought to not have the hearing derailed by retransmission consent disputes, a significant portion of the hearing dealt with that specific issue.

Top cable and broadcasting executives, as well as law experts testify. Witnesses include Melinda Witmer from Time Warner Cable; Martin Franks of CBS; the National Association of Broadcasters’ Gordon Smith; Colleen Abdoulah from Wide Open West!; Gordon Smith from the American Cable Association; law professor and former Disney Washington executive Preston Padden; along with Mark Cooper from the Consumer Federation of America. Courtesy: C-SPAN (1 Hour, 41 Minutes)

Comcast’s Nationwide Rate Increase: Bill Padding “Regulatory Recovery” Fees Have Arrived

Phillip Dampier July 10, 2012 Comcast/Xfinity, Consumer News, Editorial & Site News, Public Policy & Gov't Comments Off on Comcast’s Nationwide Rate Increase: Bill Padding “Regulatory Recovery” Fees Have Arrived

Bill padding you to infinity with Comcast’s new “Regulatory Recovery Fee.”

“Effective July 1, 2012, a Regulatory Recovery Fee will be instituted to recover additional costs associated with governmental programs.  This fee is not government-mandated, and may vary based upon your monthly usage pattern.”

That notice was included in the fine print of Comcast’s June billing statements for customers with Xfinity phone service, and has led to many questions from subscribers confused about the new charges, how they are calculated, and why they are being charged in the first place.

Welcome to Comcast’s bill-padding adventure. The telecommunications company has discovered it can deliver a back-door rate increase and blame it on “governmental programs,” even though Comcast has been paying some of these fees as a cost of doing business for decades.

The Federal Communications Commission allows companies to recover these costs from subscribers, which Comcast has effectively been doing by including them in the price of monthly service. But now Comcast is taking a lesson from wireless phone companies who have discovered they can keep your monthly rate the same -and- bill you the new “regulatory recovery fee” and pocket the proceeds themselves.

For now, the Regulatory Recovery Fee applies to Comcast’s phone service only (underlining ours):

The Regulatory Recovery Fee is part of the cost of providing Comcast voice service and supports federal, municipal and state programs including, without limitation, universal service. This aggregated fee is not government mandated, but Comcast is permitted by law to recover these costs from its subscribers. The aggregated fee may vary based on service usage patterns and program surcharge rates.

The exact amount of the charge and how it is calculated can be found on Comcast’s telephone “tariff” website, which breaks out the charges for telephone service state-by-state, and in some cases city by city.

Surprisingly, Comcast’s small New York State operations appear to have no regulatory recovery charges at all. In parts of Virginia, customers only face a “Federal Cost Recovery Fee” of 1.433%. Pennsylvania residents will pay a “State TRS” of $ 0.08/mo, a State Gross Receipts Tax of 5.0%, and the aforementioned Federal Cost Recovery Fee.

Many Californians will find this monthly fee comprised of everything but the kitchen sink:

  • State Universal Service Fund (USF) 1.15%
  • State Telecom Relay Service 0.079%
  • City Utility User’s Tax, up to a maximum of 11.00%
  • County Utility User’s Tax, up to a maximum of 5.50%
  • State PUC recovery fee 0.18%
  • State Hearing Impaired Fund 0.20%
  • High Cost Fund – A 0.40%
  • High Cost Fund – B 0.30%
  • CA Advanced Services Fund 0.14%
  • Federal Cost Recovery Fee 1.433%

Regardless of the amounts involved, Comcast is under no obligation to separately bill you these charges. More importantly, because there is no corresponding decrease in the monthly price of their telephone service as these new fees are added, Quick Fingers Comcast has just managed a bit of “rate increase-sleight-of-hand.”

Betcha missed it.  We didn’t.

The Illusory Savings of “Usage Based Billing”: Your Bill Will Get Higher, Not Lower

Phillip Dampier July 2, 2012 Broadband "Shortage", Broadband Speed, Competition, Consumer News, Data Caps, Editorial & Site News, Online Video Comments Off on The Illusory Savings of “Usage Based Billing”: Your Bill Will Get Higher, Not Lower

Phillip “They Want to Save You Money By Charging You More” Dampier

The pro-Internet Overcharging forces’ meme of “pay for what you use” sounds good in theory, but no broadband provider in the country would dare switch to a true consumption-based billing system for broadband, because it would destroy predictable profits for a service large cable and phone companies hope you cannot live without.

Twenty years ago, the cable industry could raise rates on television packages with almost no fear consumers would cancel service. When I produced a weekly radio show about the cable and satellite television industry, cable companies candidly told me they expected vocal backlashes from customers every time a rate increase notice was mailed out, but only a handful would actually follow through on threats to cut the cord. Now that competition for your video dollar is at an all-time-high, providers are shocked (and some remain in denial) that customers are actually following through on their threats to cut the cord. Goodbye Comcast, Hello Netflix!

Some Wall Street analysts have begun warning their investor clients that the days of guaranteed revenue growth from video subscribers are over, risking profits as customers start to depart when the bill gets too high. Cable companies have always increased rates faster than the rate of inflation, and investors have grown to expect those reliable profits, so the pressure to make up the difference elsewhere has never been higher.

With broadband, cable and phone companies may have found a new way to bring back the Money Party, and ride the wave of broadband usage to the stratosphere, earning money at rates never thought possible from cable-TV. The ticket to OPEC-like rivers of black gold? Usage-based billing.

Since the early days of broadband, most Americans have enjoyed flat rate access through a cable or phone company at prices that remained remarkably stable for a decade — usually around $40 a month for standard speed service.

In the last five years, as cord-cutting has grown beyond a phenomena limited to Luddites and satellite dish owners, the cable industry has responded. As they learned customers’ love of broadband has now made the service indispensable in most American homes, providers have been jacking up the price.

Time Warner Cable, for example, has increased prices for broadband annually for the last three years, especially for customers who do not subscribe to any other services.

Customers dissatisfaction with rate hikes has not led to broadband cord cutting, and in fact might prove useful on quarterly financial reports -and- for advocating changes in the way broadband service is priced:

  1. Enhance revenue and profits, replacing lost ground from departing video customers and the slowing growth of new customers signing up for video and phone services (and keeping average revenue per user ((ARPU)) on the increase);
  2. Using higher prices to provoke an argument about changing the way broadband service is sold.

Pouring over quarterly financial reports from most major providers shows remarkable consistency:

  • The costs to provide broadband service are declining, even with broadband usage growth;
  • Revenue and profits enjoy a healthy growth curve, especially as increased prices on existing customers make up for fewer new customer additions;
  • Earnings from broadband are now so important, a cable company like Time Warner Cable now refers to itself as a broadband company. It is not alone.

Still, it is not enough. As usage continues to grow in the current monopoly/duopoly market, providers are drooling with anticipation over the possibility of scrapping the concept of “flat rate” broadband, which limits the endless ARPU growth Wall Street demands. If a company charges a fixed rate for a service, it cannot grow revenue from that service unless it increases the price, sells more expensive tiers of service, or innovates new products and services to sell.

Providers have enjoyed moderate success selling customers more expensive, faster service, also on a flat rate basis. But that still leaves money on the table, according to Wall Street-based “usage billing” advocates like Craig Moffett, who see major ARPU growth charging customers more and more money for service as their usage grows.

Moffett has a few accidental allies in the blogger world who seem to share his belief in “usage-based” billing. Lou Mazzucchelli, reading the recent New York Times piece on Time Warner’s gradual move towards usage pricing, frames his support for consumption billing around the issue of affordability. In his view, usage pricing is better for consumers and the industry:

It costs real money to upgrade networks to keep pace with this demand, and those costs are ultimately borne by the subscriber. So in the US, we have carriers trying to raise their rates to offset increases in capital and operating expenses to the point where consumers are beginning to push back, and the shoving has come to the attention of the Federal Communications Commission, which has raised the possibility of treating Internet network providers as common communications carriers subject to regulation.

I believe that flat-rate pricing is a major source of problems for network carriers and consumers. In the carrier world, the economics are known but ignored because marketers believe that flat rates are the only plans consumers will accept. But in the consumer world, flat rates are rising to incomprehensible levels for indecipherable reasons, with little recourse except disconnection. Consumer dissatisfaction is rising, in part because consumers feel they have no control over the price they have to pay. This is driven by their sense of pricing inequity that is hard to visualize but comes from implicit subsidies in the current environment. The irony is that pay-per-use pricing solves the problem for carriers and consumers.

Mazzucchelli reposted his blog piece originally written in 2010 for the benefit of Times readers. Two years ago, he measured his usage at 11GB a month. His provider Verizon Communications was charging him $64.99 a month for 25Mbps service, which identifies him as a FiOS fiber to the home customer.  Mazzucchelli argues the effective price he was paying for Internet access was $5.85 for each of the 11GB he consumed, which seemed steep at the time. (Not anymore, if you look at wireless company penalty rates which range from $10-15/GB or more.)

Mazzucchelli theorized that if he paid on a per-packet basis, instead of flat rate service based on Internet speed, he could pay something like $0.0000025 per packet, which would result in a bill of $31.91 for his 11GB instead of $65. For him, that’s money saved with usage billing.

On its face, it might seem to make sense, especially for light users who could pay less under a true usage-based pricing scenario like the one he proposes.

Verizon Communications is earning more average revenue per customer than ever with its fiber to the home network. That’s about the only bright spot Wall Street recognizes from Verizon’s fiber network, which some analysts deride as “too expensive.”

Unfortunately for Mazzucchelli, and others who claim usage-based pricing will prove a money-saver, the broadband industry has some bad news for you. Usage pricing simply cannot be allowed to save you, and other current customers money. Why? Because Wall Street will never tolerate pricing that threatens the all-important ARPU. In the monopoly/duopoly home broadband marketplace most Americans endure, it would be the equivalent of unilaterally disarming in the war for revenue and profits.

That is why broadband providers will never adopt a true usage-based billing system for customers. It would cannibalize earnings for a service that already enjoys massive markups above true cost. In 2009, Comcast was spending under $10 a month to sell broadband service priced above $40.

Mazzucchelli

Instead, providers design “usage-based” billing around rates comparable to today’s flat rate pricing, only they slap arbitrary maximum usage allowances on each tier of service, above which consumers pay an overlimit fee penalty. That would leave Mazzucchelli choosing a lower speed, lower usage allowance plan to maximize his savings, if his use of the Internet didn’t grow much. On a typical light use plan suitable for his usage, he would subscribe to 1-3Mbps service with a 10GB allowance, and pay the overlimit fee for one extra gigabyte if he wanted to maximize his broadband dollar.

But his usage experience would be dramatically different, both because he would be encouraged to use less, fearing he might exceed his usage allowance, and he would be “enjoying” the Internet at vastly slower speeds. If Mazzucchelli went with higher speed service, he would still pay prices comparable for flat rate service, and receive a usage allowance he personally would find unnecessarily large. The result for him would be little to no savings and a usage allowance he did not need.

Mazzucchelli’s usage pattern is probably different today than it was in 2010. Is he still using 11GB a month? If he uses double the amount he did two years ago, under his own pricing formula, the savings he sought would now be virtually wiped out, with a broadband bill for 22GB of consumption running $63.82. By the following year, usage-based pricing would cost even more than Verizon’s unlimited pricing, as average use of the Internet continues to grow.

That helps the broadband industry plenty but does nothing for consumers. Mazzucchelli might be surprised to learn that the “real money to upgrade networks to keep pace with this demand,” is actually more than covered under today’s profit margins for flat-rate broadband. In fact, if he examines financial reports over the last five years and the statements company executives make to shareholders, virtually all of them speak in terms of reducing capital investments and the declining costs to deliver broadband, even as usage grows.

Verizon’s fiber network, while expensive to construct, is already earning the company enormous boosts in ARPU over traditional copper wire phone service. While Wall Street howled about short term capital costs to construct the network, then-CEO Ivan Seidenberg said fiber optics was the vehicle that will drive Verizon earnings for decades selling new products and services that its old network could never deliver.

Still, is Mazzucchelli paying too much for his broadband at both 2010 and 2012 prices? Yes he is. But that is not a function of the cost to deliver broadband service. It is the result of a barely competitive marketplace that has an absence of price-moderating competitors. Usage-based pricing in today’s broadband market assures lower costs for providers by retarding usage. It also brings even higher profits from bigger broadband bills as Internet usage grows, with no real relationship to the actual costs to provide the service. It also protects companies from video package cord-cutting, as customers will find online viewing prohibitively expensive.

One need only look at pricing abroad to see how much Americans are gouged for Internet service. Unlimited high speed Internet is available in a growing number of countries for $20-40 a month.

Usage-based billing is a dead end that might deliver temporary savings now, but considerably higher broadband bills soon after. It is not too late to turn the car around and join us in the fight to keep unlimited broadband, enhance competition, and win the lower prices users like Mazzucchelli crave.

Competition Breather: Verizon FiOS Rate Hikes Ease Pressure on Cablevision, TWC

Phillip Dampier June 20, 2012 Broadband Speed, Cablevision (see Altice USA), Comcast/Xfinity, Competition, Consumer News, Verizon Comments Off on Competition Breather: Verizon FiOS Rate Hikes Ease Pressure on Cablevision, TWC

Verizon customers can expect to pay more for the company’s fiber to the home service, FiOS, even as promised higher speeds arrive.

Most customers off contract can expect to pay $10-15 more a month under the new pricing regime, or cut back on selected television channels to keep their price the same. Verizon customers currently on a promotional offer will not see any price changes until their promotion expires.

Wall Street analysts call Verizon’s rate hikes a return to “pricing rationality.” The phone company has engaged in years of aggressive pricing, promotions, and rebate offers, especially in the northeast. At one point, Verizon was offering New York-area customers up to $500 in rebates when signing up for a triple play Verizon FiOS package. As Verizon pulls back from aggressive promotions, some analysts predict cable competitors Time Warner Cable and Cablevision will be able to resume more typical rate increases common before Verizon FiOS launched. Cablevision previously announced it would not increase rates during 2012, mostly in response to Verizon’s aggressive pricing.

Verizon has significantly boosted speeds on most of its broadband offerings, with the exception of its standard entry-level 15/5Mbps package, which remains unchanged. Verizon is hoping customers will find that entry level package less and less attractive and be amenable to upgrading to faster speed service at a higher price.

“We’re expecting that 80 percent of customers will want more than 15 megabits per second,” Arturo Picicci, Verizon’s director of product management told Reuters.

Under Verizon’s new pricing, triple play customers with unlimited calling, 15/5Mbps broadband, and 290 television channels pay $109.99. The next step up, for $15 more a month, would upgrade broadband to 50/25Mbps service.

Verizon is also shaming New York area cable operators with speed increases that Time Warner and Cablevision currently cannot match.

The company’s 150/65Mbps service is now priced at $99.99 a month, down from $209.99. Customers in some areas can also sign up for 300/65Mbps service for as low as $204.99 with a two-year contract.

In contrast, Comcast charges $200 a month for 105Mbps, Cablevision prices its 101Mbps service at $104.95 a month.

Verizon Wireless Declares War on Average Data and Text Users

Kuittinen

Forbes Magazine has been pondering Verizon’s radical shift to eliminate buckets of voice minutes and text messages, while increasing prices on wireless data just when mobile broadband is expected to become the new profit center for wireless phone companies. It appears Verizon is well on the way to milking the data cash cow.

Tero Kuittinen notes Verizon Wireless has been on a rate increase binge, primarily by eliminating cheaper plans in favor of those with bigger buckets for voice and text services customers simply don’t need. What used to cost $50 a month two years ago for a respectable minute plan jumped to $70 for a smartphone with data, and now will increase another $20 to $90 a month, and give customers a smaller data allowance.

Verizon Wireless argues customers will get more bang for their buck, and for heavy voice, mobile hotspot and texting users, they may be right. But for the average customer who watches their voice minutes and keeps texting to a reasonable level, prices are going nowhere but up, whether you want unlimited voice and texting or not.

Q. Will Verizon Wireless herd all of its customers to unlimited voice calling at a higher price? A. Yes!

Why is Verizon taking the risk of alienating consumers by forcing them into a major price hike?

  • This is a clever move to try to cut Skype and WhatsApp down before they erode Verizon’s voice and texting revenue any further. Consumers can still use Skype and WhatsApp – but there is less incentive, because you are forced to pay for unlimited voice and text anyway.
  • The campaigns to lure consumers into buying tablet data plans have not worked. Most people opt for WiFi only tablets. The new Verizon plan basically forces all consumers to pay a higher monthly bill – and then offers them an option to add a tablet data connection for just $10 extra. Adding mobile data to your tablet becomes much more alluring. You’re paying $90 base price anyway – what’s another ten bucks?
  • Verizon believes Sprint and T-Mobile are now so weak they offer no effective competition. Most consumers are so suspicious about their coverage area and/or device ranges that Verizon does not need to worry about defections too much.

America has yet to hear from the other half of the Attizon duopoly, Kuittinen warns, and AT&T is usually cited as the less-consumer-friendly choice in wireless. Kuittinen believes neither company particularly cares about what consumers ultimately think about the new plans, because their only alternatives have more limited coverage, don’t always have access to the hottest new devices, and have 4G networks that don’t keep up particularly well with their larger rivals. (Clearwire on Sprint, anyone?)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WDTN Dayton Verizon Tricked Me 6-13-12.f4v[/flv]

WDTN’s morning news show weighed in on Verizon Wireless’ new “Share Everything” plan. Verizon got scathing reviews from the Dayton, Ohio news show, with one host concluding Verizon Wireless has tricked her with an unlimited data plan it now wants to take away.  (2 minutes)

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