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Wisconsin Deregulation Follies: AT&T Wants State to Make the Same Mistake All Over Again

Fool me once... can't get fooled again!

After astroturfing their way to a statewide video franchising bill in 2007 that made AT&T millions and saved consumers nothing, the company is back again looking for more legislative goodies from the Wisconsin legislature.

This time, they want near-total deregulation of their landline telephone business.  The reason?  Their overpriced, uninspired service has caused 50 percent of their customers to disconnect, preferring to rely on cable “digital phone” products, cell phones, or Voice Over IP services like MagicJack or Vonage.  AT&T has succeeded in driving away so many of their customers, the company is left with just 675,000 landlines in the entire state.

The answer?  Deregulation!

Of course, no regulation prevents AT&T from investing in Wisconsin to win back their former customers with better service at lower prices.

AT&T apparently feels it can’t compete tied down with state consumer protection rules and those ‘oversight pests’ that make sure the company lives up to appropriate service standards.

This time, like last time, your legislative cruise director is Sen. Jeff Plale (D-South Milwaukee), a chief sponsor of Senate Bill 469, along with most of the Republican party in the state legislature.  Plale’s a special case in point — a very grateful recipient of AT&T campaign cash, and he’s no stranger to the phone giant.  In 2007, Plale accepted $1,000, the maximum allowed, from AT&T just a week before introducing the aforementioned statewide video franchising bill.  But the check from AT&T’s PAC is always just the start of the Money Party, because AT&T executives and their spouses also joined the conga line of campaign contributions on their own, spreading around money to Republican and Democratic legislators and the governor.

“It [was] impossible [in 2007] to not see the connection” between AT&T’s campaign cash and its push for the deregulation bill, Mike McCabe, executive director of the non-profit Wisconsin Democracy Campaign, which monitors campaign donations, told the Milwaukee Journal-Sentinel.

AT&T’s campaign gifts starting in 2007 were also unusual because company officials had not been “particularly active” givers prior to the video franchising bill, McCabe said. “The giving is targeted.”

It still is.

The Big Money Blog, covering the atrocities committed by Wisconsin legislators hungry for campaign cash, reports that those who played along with AT&T got rewarded handsomely with contributions.  Those who voted no had their contribution checks reduced or cut out altogether.

Of course Plale can’t see the connection, probably because all that money is blocking his view.  He told the newspaper he had no idea why AT&T would max out their contribution to his campaign, despite only getting a fraction of that amount prior to the introduction of the video franchise bill.

Who does he think he’s kidding?

He’s got plenty of nerve to be back asking for more “legislative relief” just a few weeks after the verdict is in for the video franchising “competition” bill that was supposed to save Wisconsin consumers money.  It didn’t.  In fact, the rate increases just kept on coming.  While I’m sure that provided financial relief to AT&T, consumers gained little, if anything.

The reaction among the elected officials who promised all those savings?  Mild surprise and disappointment — a veritable ‘shucky darn’ and shrug of the shoulders.

The Milwaukee Journal-Sentinel reports consumer groups are outraged.

They worried that less regulation could lead to less investment in the companies’ infrastructure.

That’s critical, said Charlie Higley, executive director of the Citizens Utility Board, because competitors of AT&T and other local phone companies often rent portions of the network and sell their own services over it.

He said freer oversight would allow local phone companies to hide financial information and “evade appropriate regulation.”

Union representatives also were critical of the legislation, saying that deregulation steadily has driven down employment in the industry.

Despite that, Plale and most of the Republicans are in for a penny, in for a pound with AT&T.

Professor of telecommunications at the University of Wisconsin Barry Orton looked through the notes on how the bill was drafted and discovered all of the requests and language came from telecommunications industries.  There was absolutely zero consumer input in the bill.

Color me surprised.  We’ve watched telecommunications companies in North Carolina custom-write legislation and find elected officials more than happy to get such legislation introduced, especially when campaign contributions smooth the way.  In Kansas, negotiations between legislators and company officials appear to have been conducted in secret, with charges from consumer groups that legislators withheld meeting notes.

Despite the evidence these AT&T-sponsored bills don’t help consumers, Plale carries on.  He argues the bill is needed because telecommunications services are evolving too fast to ‘shackle companies with outdated regulations.’

Back for a second helping from the Wisconsin Legislative Buffet

“The 1930s models have outlived its usefulness,” he said.

Perhaps his constituents will think the same about him after their phone bills go up as quickly as their cable bills.

If the legislation doesn’t work out for you, Plale suggests you simply “switch providers.”  “[Customers] can switch to Verizon, or Sprint or Time Warner,” he said after a recent hearing on the measure. “It’s really not an issue anymore.”

Really?  What about the tens of thousands of rural Wisconsin residents that depend on AT&T for telephone and broadband service?  They don’t enjoy good reception from cell phone providers and cable television is an idea that will never come to their rural neighborhoods.  Plale can afford to pay the premium prices cell phone companies charge (AT&T should just give him a free phone).  Many cash-strapped consumers in his state cannot.

Unfortunately for rural Wisconsin, their only choice will likely be AT&T for some time to come.  For those consumers stuck with one choice, it’s not comforting to know Plale’s bill makes sure the state government can’t intervene when your phone line goes out, your bill is wrong, or you can’t get service installed.

Orton warns passing AT&T’s deregulation bill will leave the phone company essentially unregulated.  He told the Badger Herald phone companies would be less accountable under the bill, leaving the state ill-equipped to be sure all rural areas of the state were provided with adequate service.

“The phone companies argue that because of competition, they shouldn’t have regulation anymore,” Orton told the newspaper. “[They also argue] if consumers don’t like their service, they can go to another provider. But the problem is that in some places there aren’t any more providers.”

You really couldn’t do worse as a legislator than to openly admit your hand is wide open to receive AT&T campaign contributions while you advocate against the best interests of your own constituents.  It doesn’t get more shameful than that.

If you live in Wisconsin, get on the phone with your representatives in the State Assembly and Senate and tell them in no uncertain terms you oppose the giveaway deregulation bill for AT&T.  Let them know you’re watching their vote closely, particularly after the 2007 statewide video franchise bill debacle made sure you were left with less money in your wallet than before they passed it.

Time Warner Cable: Powered By Prices Increases – $18 Billion in Revenue for 2009, $19 Billion for 2010

Phillip Dampier January 11, 2010 Competition, Data Caps 2 Comments

The considerable annoyance among subscribers facing rate increases from Time Warner Cable notwithstanding, the Wall Street press is celebrating the company’s increased earnings power for 2010, with the stock now being rated as a “compelling bet” by Barron’s.

Despite producing “copious amounts of cash,” Time Warner Cable stock is rated underpriced, and set to move higher in the new year as the company improves its earnings with price increases for its 14.6 million subscribers nationwide.

Price increases could help to power a sharp recovery in Time Warner Cable’s earnings, which probably slumped 15% in 2009, to $1.1 billion, or $3.03 a share. This year, net income could rise 21%, to $1.3 billion, or $3.60 a share, due to higher revenue and improving operating margins. The company earned $1.2 billion, or $3.57 a share, in 2008, on revenue of $17 billion.

Subscriber growth has slowed at Time Warner and other cable concerns, mainly because of the housing recession. The company lost 84,000 basic-video subscribers in last year’s third quarter, reducing the total to just under 13 million, and analysts see basic subs dropping 2.5% this year, to around 12.5 million. Still, revenue rose 3.6% in the third quarter, to $4.5 billion, putting Time Warner Cable on track to generate $18 billion of revenue for the full year, and $19 billion in 2010. Analysts expect some recovery in advertising revenue, and additional growth from the further penetration of bundled residential high-speed data and digital phone products.

Barron’s points out Time Warner Cable’s capital spending has continued to decline dramatically, falling 13 percent in the third quarter.  The company had free cash flow of $465 million in the period.

Despite the company’s falling broadband costs, falling capital spending, and increasing prices, some Time Warner Cable executives still approve of taking earnings to an even higher level with Internet Overcharging schemes that would change the “pricing model” for broadband service.  Despite company claims such changes would save customers’ money, relentless price increases in many communities — even higher for those on Road Runner’s economy tiers, prove otherwise.

What is Time Warner Cable doing with all of the money?  Paying down some debt and returning cash to shareholders, perhaps via an ordinary dividend or share buyback, according to Barron’s.

What allows for a company to increase pricing on broadband service and subject customers to a potential Internet Overcharging scheme down the road?

“At a time when demand for broadband is going through the roof, Time Warner is the only game in town in a lot of its footprint,” says Craig Moffett, an analyst at Bernstein Research.

HissyFitWatch: Cablevision-Scripps Dispute Over HGTV and Food Network Drags On… And On…

Phillip Dampier January 7, 2010 Cablevision (see Altice USA), HissyFitWatch, Video 10 Comments

Negotiations between Scripps and Cablevision continue to drag on in the northeast as New York, Connecticut, and New Jersey Cablevision cable subscribers go without their HGTV and Food Network.

Progress has been incremental at best as Cablevision continues to refuse to accept paying the increased fees Scripps wants.  Cablevision’s declaration that is expects to never carry Scripps programming again doesn’t help.

Meanwhile, Food Network president Brooke Johnson has been running from one news channel to another to talk about Scripps’ position on the dispute, and that “hundreds of thousands” of viewers have complained about the loss of their two networks, a number Cablevision disputes.

Pali Research analyst Richard Greenfield, who covers the cable industry, defended Cablevision, giving credit to the Dolan family that owns Cablevision for standing up to Scripps’ rate increase request.

Greenfield accused Comcast and Time Warner Cable of “essentially rolling over” in their negotiations with Scripps, agreeing to price hikes for their networks, an allusion to Time Warner Cable’s campaign to fight back against programmer price increases.

If those cable companies “had taken a far harder stance with Scripps, Cablevision’s pushback may actually have forced Scripps’ hand,” Greenfield wrote.

Still, most viewers could care less about the power plays between cable and the programmers.  They just want their HGTV and Food Network back.

[flv]http://www.phillipdampier.com/video/WCBS New York Cablevision Scripps Dispute 1-4-10.flv[/flv]

WCBS-TV New York ran these two reports during their 6pm and 11pm newscasts describing the battle between Scripps and Cablevision, and consumer reaction.  (4 minutes)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WTNH New Haven Cablevision Dispute 1-7-10.flv[/flv]

Same story, different city as WTNH-TV viewers in New Haven, Connecticut share their views on the dispute.  (2 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Brooke Johnson Cablevision Scripps Dispute 1-4-10.flv[/flv]

Food Network president Brooke Johnson appeared on CNBC to take questions about the dispute and changing business model of cable TV and programmers.  (5 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Fox Business News Scripps Dispute With Cablevision 1-10.flv[/flv]

Johnson also turned up on Fox Business News to discuss the dispute, how negotiations are going, and how viewers are reacting.  (6 minutes)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Brooke Johnson Cablevision Dispute 1-4-10.flv[/flv]

…And Johnson also appeared on Bloomberg News accusing Cablevision of paying themselves top dollar for AMC, a network they own, while refusing to negotiate over a price increase for the “more popular” HGTV and Food Network amounting “to pennies per subscriber.”  (6 minutes)

Must Fee TV: Broadcaster Consent Fees Will Turn ‘Free TV’ Into ‘Fee TV’ For Cable Subscribers

Phillip Dampier January 4, 2010 Mediacom, Video 1 Comment

Americans can look forward to additional rate increases in their monthly cable bills on top of the usual annual rate increases already underway as broadcast stations demand, and get, cash in return for cable carriage.

Just a few days after Time Warner Cable and Bright House Networks concluded their precedent-setting agreement in principle with News Corporation’s Fox network, other networks and television stations owners are lining up to get their piece of the action.

The cable operators’ agreement to pay an estimated 50-60 cents per month per subscriber for the right to put Fox-owned local broadcast stations on the cable dial will likely be used as the starting point for negotiations between other cable operators like Comcast, Cox, Cablevision, and Charter when their agreements with stations and broadcast networks come up for renewal.  If every major broadcast network and station owner gets the same 50-60 cents per month, or more, those costs will certainly be passed on to subscribers.  That’s just the beginning says David Joyce, media analyst for Miller Tabak , a Wall Street trading firm.  Joyce believes annual increases demanded by networks could easily be in the 7-8 percent range.  Bloomberg News predicts that could add up to more than $5 billion dollars a year.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Retransmission Consent Will Force Cable Bills Higher 1-4-10.flv[/flv]

Bloomberg News interviews David Joyce, a media analyst who predicts annual 7-8% increases for retransmission consent. (3 minutes)

Sinclair owns stations in these communities

There is nothing new about these kinds of disputes — just the sums involved.

Sinclair Broadcast Group owns television stations serving nearly 22% of the United States (mostly Fox affiliates), and has contentious negotiations for retransmission consent agreements with Mediacom, a cable operator serving mostly smaller cities in the midwest and south.

The two companies just agreed to an eight day extension of their negotiations over a new agreement to replace the one that expired December 31st.

“We just decided we wanted to avoid, with such important events coming up, the disruption that it would cause customers,” Sinclair General Counsel Barry Faber said. “I don’t expect there will be a further extension. We recognize we’re giving up, perhaps, a small amount of (negotiating) leverage, but we don’t think it’s very much. Our channels are worth so much more than we are asking for.”

Sinclair has been willing to force its stations off Mediacom cable systems in the past to prove its point.  But another experience with angry sports fans upset over the interruption of Fox programming was apparently sufficient to give negotiations another week.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Murdoch Bullies His Way to Agreement 1-4-10.flv[/flv]

Bloomberg News explains how Rupert Murdoch bullied his way into an agreement with Time Warner Cable and Bright House Networks that could change the landscape of broadcast television forever.  (4 minutes)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Sports a Major Factor of Cable Dispute 1-4-10.flv[/flv]

The ‘Holy Grail’ of cable programming essentially boils down to silly ball games.  Sports programming is one of cable’s biggest expenses, yet few would dare to alienate sports fans, as this Bloomberg report explores.  (2 minutes)

Fox, Bright House Networks and Time Warner Cable Reach Agreement in Principle That You Will Pay For

Phillip Dampier January 4, 2010 Video Comments Off on Fox, Bright House Networks and Time Warner Cable Reach Agreement in Principle That You Will Pay For

After much sound and fury, and plenty of media attention, Fox programming remained on Time Warner Cable and Bright House Networks systems through the New Year’s festivities, as the three companies reached “an agreement in principle” to make cable customers ultimately pay more for the right to watch Fox broadcast stations and cable networks.

The wide-ranging agreement covers all of Time Warner Cable’s more than 12 million subscribers as well as 2.4 million Bright House customers.  The deal encompasses Fox-owned, Fox-affiliated television stations covering nearly four million Americans and Fox’s sports and entertainment cable networks seen nationwide.

The major point of contention between Fox and the two cable companies was the fee for carriage rights to Fox television stations.  Known as “retransmission consent,” cable operators must obtain permission from television station owners before they are allowed to put them on cable lineups.  For years, broadcasters were happy just getting clear pictures to cable’s extended reach into suburban and rural communities.  But over the years, broadcast interests have sought cash payments from cable operators in return for that consent.

Leveraging their popularity, station owners feel they have plenty to room to negotiate higher payments, and the cable industry has tried to avoid setting any precedent for cash payments, fearing a new benchmark set with one station owner will soon become the asking price for every other major station in a community.  Cable operators have traditionally signed agreements that launch station or network-owned cable channels instead of large direct cash payments, but Fox’s game of hardball suggests those days are over.

While none of the companies involved would disclose the terms of the final agreement, industry analysts suggest the parties met somewhere near the middle of their respective asking price.  Fox had demanded $1.00 a month per subscriber for each of its affiliated television stations, while Time Warner Cable suggested a quarter per month per subscriber was a fair offer.  Most agree the final deal is in the 50-60 cent range, not including any extras Time Warner Cable threw in on the cable network side.

Chase Carey

All of the parties represented at the negotiating table were pleased with the outcome.

“We’re pleased that, after months of negotiations, we were able to reach a fair agreement with Time Warner Cable — one that recognizes the value of our programming,” News Corp. president and COO Chase Carey said in a press release. Time Warner Cable president and CEO Glenn Britt adds that his company is “happy to have reached a reasonable deal with no disruption in programming.”

Amusingly, Bright House Networks’ own press release is a mirror copy of Time Warner Cable’s — only the names have been changed:

We’re pleased that an agreement has been reached with no disruption in programming for our customers,” said Steve Miron, Chief Executive Officer, Bright House Networks.

Who wasn’t represented at the negotiating table?  Customers.  Ultimately, whatever amount agreed to, it will be added to customers’ bills in future rate increases.

If other networks seek similar terms, cable operators may have to fork out as much as $5 billion a year — and would likely pass the cost on to subscribers, Craig Moffett, an analyst at Sanford C. Bernstein in New York told Bloomberg News.

“The broadcast networks are really struggling to find a viable business model,” Moffett said. “They’re looking at the cable networks that make money both on advertising and the money that the cable operators pay them and saying, ‘We need a dual revenue stream to survive too.’”

[flv]http://www.phillipdampier.com/video/CNBC TWC Fox Reach Agreement 1-4-10.flv[/flv]

CNBC reports on the deal reached just in time to prevents sports fans from missing out on their New Year’s football games on Fox. (2 minutes)

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