Time Warner Cable has added two new lobbying firms, despite running up nearly $4 million in lobbying expenses during the first half of 2013, to advocate a hands-off policy on broadband and changes in how television stations get compensated from cable providers after a month-long dispute with CBS helped fuel subscriber losses.

The Legal Times blog reports Time Warner Cable has hired Dentons and Edwards Wildman Palmer to advocate the company’s positions on broadband deployment, copyright reform, privacy matters, retransmission consent, and the reauthorization of the Satellite TV Extension and Localism Act. Provisions of that legislation have given television stations and broadcast networks leverage to persuade pay television providers to meet their terms on higher compensation in return for permission to carry those signals on the cable or satellite lineup.

Nelson

In reviewing disclosures released by the clerk of the House of Representatives obtained by Stop the Cap!, Time Warner Cable will benefit from Washington’s revolving door, using lobbyists that either used to work inside offices of members of Congress or have been directly involved in writing or influencing legislation for paying clients:

Valerie Nelson, a senior managing director at Dentons, served as director of Member Services for Majority Leader Eric Cantor (R-Va.) in the U.S. House of Representatives.

Todd Bertoson, also a senior managing director at Dentons, spent nearly six years on the U.S. Senate Committee on Commerce, Science, and Transportation, working on all aspects of the committee’s agenda, including issues involving the Federal Communications Commission (FCC).

Bertoson

Seth A. Davidson, a lobbyist from Edwards Wildman Palmer, has played an active role, including drafting legislation and witness testimony, in most legislative matters affecting the communications industry over the past three decades, including the 1984 and 1992 Cable Acts, the Digital Performance Right in Sound Recordings Act of 1995, the 1996 Telecommunications Act, the Digital Millennium Copyright Act, and the Satellite Home Viewer Act of 1989 and each of its subsequent renewals. His involvement in legislative matters of interest to his clients is so pervasive, he was singled out by the chairman of the Senate Judiciary Committee in 2004 for his contributions (on behalf of his clients) in the drafting of the Satellite Home Viewer Extension and Reauthorization Act.

The Legal Times notes Time Warner Cable has spent $3.8 million on federal lobbying during the first half of this year, according to congressional records. For its advocacy efforts, the company used its own staffers, as well as lobbyists from firms that included Capitol Tax Partners; Fierce, Isakowitz & Blalock; and The Raben Group.

Big, Bigger, Biggest… Bigger Still

Comcast has plenty of available bandwidth to indefinitely expand its High Speed Internet services at speeds up to 3Gbps and believes it has won the legal right to grow its cable business as large as it likes.

Comcast executives admitted Wednesday they have more than enough network capacity to meet the demands of customers, both now and well into the future.

“With regard to usage and capacity, we feel the network is flexible and has plenty of opportunity to grow in capacity,” said Neil Smit, president and CEO of Comcast Cable Communications. Smit was responding to a Wall Street analyst asking about future capacity during a quarterly financial results conference call.

Smit noted that some of the biggest bandwidth users served by Comcast are businesses, and the cable operator was well-positioned to service them by extending fiber or deploying its Metro Ethernet product. Residential customers get increased bandwidth through neighborhood node splitting or DOCSIS 3 channel bonding that combines several channels together to increase speed and capacity.

Brian Roberts, CEO of Comcast Corporation, agreed with Smit, adding, “the more the consumer desires speed, the better that is for our company.”

Roberts noted DOCSIS 3.1 — the next generation of cable broadband — was “promising technology.”

“At the cable convention, we demonstrated 3Gbps” over Comcast’s existing cable infrastructure, said Roberts.

Smit

Comcast is easily the country’s largest cable operator, but many believe it is restrained from growing larger through mergers and acquisitions because of antitrust concerns. But thanks to a number of lawsuits initiated by Comcast, the company believes it can now grow as large as it likes.

Roberts admits the question of cable industry consolidation remains a gray area, particularly for Comcast. But he told investors he does not believe there are any remaining legal hurdles preventing Comcast from buying out other cable operators, despite earlier FCC rulemakings limiting the maximum size a cable company can grow through buyouts.

Comcast yesterday announced its last buyout — NBCUniversal — helped fuel a 29% increase in net income in the second quarter, thanks in part to strong results from film and television.

But many of Comcast’s largest gains came from its cable business.

Despite continued losses of video subscribers (159,000 in the second quarter), Comcast’s cable revenue increased 5.8% to $10.47 billion, and operating cash flow grew 5.7% to $4.3 billion. Comcast, which also owns several NBC broadcast affiliates, is playing for both sides of the retransmission consent wars. Its owned and operated television stations have demanded higher fees to be carried on cable systems, many owned by Comcast itself. The increased programming costs fuel subscriber rate increases, which also boost revenue.

Broadband is way up, although the company keeps losing video customers to cord-cutting.

Comcast’s broadband revenue has continued to grow dramatically. Customer additions for High Speed Internet access were up more than 20% in the quarter — the best second-quarter growth in five years — even as subscribers paid more for the service because of rate increases. Customer growth and price hikes delivered 8% growth in broadband revenue. In the last quarter alone, Comcast earned $2.6 billion from its broadband business.

Comcast is not spending a significant percentage of that revenue on enhanced broadband network upgrades. Instead, the company has increased investments to wire office parks and businesses to entice commercial customers, which account for a substantial amount of new customer growth. Comcast is also investing in research and development of new products and services, such as set-top boxes. The company also expects to pay 10% more in programming costs than it did a year earlier.

Year-to-date cable communications capital expenditures have increased 7.1% to $2.3 billion representing 11.3% of cable revenue. Comcast expects that for the full-year of 2013, cable capital expenditures will increase by about 10% over 2012.

Some other highlights from the quarter:

• In the last six months, Comcast completed broadband speed increases for 70 percent of its customers;
• High Speed Internet revenue was again the largest contributor to Comcast’s cable revenue growth;
• At the end of the quarter, 33% of Comcast’s residential high-speed customers take a higher speed tier above its primary service;
• Comcast has pushed Wi-Fi hard, installing more than four million wireless gateways and boosted Wi-Fi coverage to 250,000 hotspots through both cable partnerships and its home hotspot initiative;
• Comcast’s new X1 cloud-based set-top platform has been introduced to more than half of its national service area and will be available everywhere by the end of 2013. By the end of the year, Comcast also expects to push a firmware update to installed boxes to upgrade them to its new X2 platform;
• The average Comcast subscriber now pays the company $160 per month, up 7.4% from last year. Rate hikes, speed upgrades and growing programming packages account for the higher price;
• 77% of Comcast video customers took at least two products and among those, 42% took phone, broadband and television service.

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Bloomberg reports Comcast is still having trouble holding on to its video-only customers, but broadband customer growth continues to explode. Comcast also does well because it owns a number of cable networks and entertainment properties. Expect Comcast to continue evolving its products to bring them closer to the things people do online.  (3 minutes)

Several million Time Warner Cable and Bright House customers in New York, California, Texas and Florida will lose CBS programming this Wednesday at 5pm if the three companies do not iron out their differences in contract renewal negotiations.

CBS and Time Warner Cable have taken their fight public over retransmission consent talks that have left the two sides far apart. The cable operators say CBS has gotten greedy asking for as much as 600 percent more than what the cable companies paid under the old agreement that expired in June. CBS says the fact its stations have never been thrown off cable systems before is proof that their terms are reasonable.

Cable analysts say CBS’ old agreement cost the two cable operators between 75 cents and one dollar a month per subscriber. Most believe CBS is now asking for between $1-2 a month per subscriber to renew the agreement.

CBS wants to be paid at levels comparable to the most popular cable networks and believes the fact the network is now number one in the ratings delivers negotiating power. CBS has not made its aggressive position on carriage fees a secret. Executives have told investors it plans to quadruple cable and satellite fees over the next four years with a goal to raise an extra $1 billion. Wall Street analysts have recommended the stock to investors and its value has risen at least 65% in the past year.

But Time Warner Cable spokeswoman Maureen Huff believes CBS is asking for too much.

“Broadcasters have already hit customers with 84 broadcaster blackouts in the past 18 months,” Huff said in a statement. “Les Moonves, president and CEO of CBS, has always been outspoken about the programming fees he believes he deserves. He has said ‘the sky is the limit’ when talking about the price he thinks he deserves for his CBS stations, and he clearly means it. He doesn’t seem to care about our customers’ budgets or the going rates for CBS programming.”

But critics contend Time Warner Cable does not come to the table with clean hands on the issue of expensive carriage fees. Time Warner Cable seemed less concerned about the skyrocketing costs of cable programming when it set high asking prices for TWC-owned regional sports networks SportsNet and TWC Deportes.

CBS says it deserves at least as much as what Time Warner Cable pays Time Warner Entertainment’s TNT, which reportedly charges at least $1 a subscriber.

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CBS is now running this ad in New York City warning Time Warner Cable customers they are about to lose WCBS-TV, the local CBS affiliate.  (1 minute)

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Not so fast, says Time Warner Cable. CBS wants 600% more for WCBS, driving up the price customers pay for cable television. (1 minute)

If no agreement is reached, CBS expects customers will lose access to its network-0wned affiliates starting at 5pm Wednesday afternoon. Although most media reports are focused on the fact CBS stations in New York, Los Angeles, and Dallas are affected, not all are CBS affiliates. In fact, customers in a few other cities will also find their CBS-owned stations dropped:

• New York: WCBS (TWC)
• Los Angeles: KCBS, KCAL (TWC)
• Dallas-Ft. Worth: KTVT, KTXA (TWC)
• St. Petersburg-Tampa: WTOG (Bright House)
• Riverhead (Long Island): WLNY (TWC)

Some Bright House customers are also affected by dispute.

The Wall Street Journal reported that Time Warner Cable and Bright House would also drop Showtime from lineups across the country in a retaliatory move, but this was not confirmed by either cable company.

Station owners are seeking higher retransmission consent payments from cable and satellite operators to establish additional sources of revenue. Pay television customers ultimately foot the bill with higher priced cable television service. As prices rise, pay television operators increasingly worry customers will either defect to a competitor or cut the cable television cord for good. Some operators are adopting a tougher stance, willing to drop stations from the lineup.

Most station owners believe the larger number of stations they own or control, the less likely a cable operator will actually throw a station off the lineup. This month, Wisconsin-based Journal Broadcast Group is threatened with the loss of nearly half of its 15 television stations on Time Warner Cable systems in Wisconsin, Nebraska, and California:

• WTMJ Milwaukee
• KMTV Omaha
• WGBA Green Bay/Appleton, Wisc.
• WACY Green Bay/Appleton, Wisc.
• KMIR Palm Springs, Calif.
• KPSE Palm Springs, Calif.

Bigger is better

Some stations have been off the lineup since July 10 in some markets, with digital sub-channels first removed by Time Warner Cable in a warning shot in others.

Larger station owners like Sinclair Broadcast Group have felt less threatened. The more stations under negotiation, the more leverage station owners have in contract renewal talks.

Sinclair is further boosting its position in the local TV station business, spending almost $2 billion in the last 18 months buying 81 more television stations.

Sinclair owns and operates, programs or provides advertising sales services to 140 television stations in 72 markets nationwide. They are a force to be reckoned with. Despite angry words over the station owner’s asking price, both Dish Networks and DirecTV renewed their carriage agreements with Sinclair without disrupting viewing.

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The Wall Street Journal’s “Moneybeat” looks into the retransmission dispute between CBS and Time Warner Cable and what impact it may have on viewers. (5 minutes)

Free TV? Not quite.

Despite offering free over-the-air television, ABC is putting its programming and stations behind a new paywall that can only be breached by “authenticated” cable and AT&T U-verse subscribers able to prove they already pay to watch.

Watch ABC is the television network’s contribution to the cable industry’s “TV Everywhere” project that offers online viewing options for current cable television subscribers.

Watch ABC now offers on-demand and live viewing of programming aired by the network and six network-owned television stations both at the desktop and through apps for iOS, Android, and the Kindle: New York City’s WABC-TV, Philadelphia’s WPVI, Los Angeles’ KABC, Chicago’s WLS, San Francisco’s KGO, and Raleigh-Durham’s WTVD. (Coming soon: Houston’s KTRK and Fresno’s KFSN.)

During the “online preview,” ABC permitted online viewers within confirmed coverage areas to watch the station nearest them for free. Now, viewers will also have to confirm they are paying cable or AT&T U-verse customers to watch online.

But even then, not everyone will qualify. ABC only has streaming authentication agreements with AT&T U-verse, Cablevision, Charter, Comcast, Cox Communications, and Midcontinent Communications. Watch ABC is currently off-limits to everyone else, including customers of Verizon FiOS, Time Warner Cable, and both satellite services.

ABC has also banned IP addresses known to be associated with anonymous proxy servers. This measure is designed to enforce geographic restrictions to be sure only local viewers can get access to the station in their area.

By this fall, ABC affiliates owned by Hearst are expected to also join Watch ABC’s paywall system.

ABCNews.com announced an experiment with a paywall in the summer of 2010. It never came to fruition.

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WPVI in Philadelphia turned over airtime during its evening newscast to self-promote the new ‘Watch ABC’ app and explain how it works. Effective now, it only works with preferred partner cable companies and AT&T U-verse. (Aired: May 14, 2013) (2 minutes)

Would you be surprised to learn a company with just a basic, outdated website replete with spelling and grammar errors holds at least 760 television station construction permits and licenses and just wrote a check for $46.5 million to buy 52 more stations from nine different owners, with plans to shut every last one of them down in the future?

That is precisely the business plan of “Landover Wireless Corp.” and its series of limited liability corporate entities, which are grabbing up as much UHF television spectrum they can apply for across the country.

They are not alone.

CTB Spectrum Services, a company associated with Landover 2 LLC, has 356 UHF TV construction permits/licenses. Its website offers slightly more information about its operations, but not much.

DTV America, a mysterious Sunrise, Fla.-based venture with an official mailing address of 12717 W. Sunrise Boulevard (Suite 372) has its headquarters inside a private mailbox at a UPS Store. The company also has countless requests for television licenses on the UHF dial. DTV America manager John Kyle is also listed as chairman and president of The Pharmacy Television Network, which appears to broadcast its programming on video displays inside pharmacies. DTV America has the lowest profile of all three companies, with no apparent website.

And you thought over the air television was dead.

DTV America’s home is inside a mailbox at the UPS Store in Sunrise, Fla.

A number of low power television owners are surprised to see the sudden rush to launch more than 1,000 new television stations across the country, particularly in rural markets that have been considered a financial dead-end for low power television. Being in the LPTV business and making a living at it often depends on whether a local cable company or satellite dish provider will pick up and relay the station to the majority of Americans that do all of their television viewing on a paid platform. Without this carriage, low power television outlets have several strikes against them: challenging reception from operating with relatively low power, the lack of compelling programming — many of these outlets air paid religious, home shopping, music, or infomercial programming 24 hours a day, and the lack of familiarity by viewers who may not realize these stations are on the air.

From information Stop the Cap! has obtained, none of these ventures actually intend to stay in the over-the-air television business. Instead, they are using FCC licensing rules to get valuable UHF spectrum without having to bid for it at forthcoming spectrum auctions. At least two of the companies claim they are raising capital to build a unicast 4G wireless content delivery network. But some critics contend they are actually spectrum squatters — speculators that have no intention of building anything. Instead, critics charge they will conduct minor experiments to effectively stall the FCC, hanging onto their permits and licenses until they can sell their holdings to a wireless provider hungry for 500-700MHz spectrum and willing to pay top dollar to get it.

Meanwhile, Landover’s $46.5 million buys them dozens of low power stations airing 30-minute commercials like “Skin Solutions by Dr. Graf.” The company claims it will keep those stations on the air until their wireless network is ready, and then the infomercials (along with the rest of the television programming) will be gone for good. Landover also managed to acquire larger Class A TV stations as part of the deal, including one each in Las Vegas and Sacramento, and three in Texas. These stations might become part of the company’s 4G network, sold off or compensated to sign-off forever as part of forthcoming “spectrum packing” by the FCC — further shrinking the UHF TV dial and auctioning off the “excess” spectrum to AT&T, Verizon, Sprint, and other cell companies.

CTB’s License Map

CTB also holds multiple TV licenses in several of its markets. The company claims it will combine those stations together in something akin to a high-powered cellular network to create a bigger wireless data pipe using “patent pending multi-frequency cellular terrestrial network technology [that] increases capacity by hundreds of times through frequency re-use, while also enabling full mobility, broadband Internet, and location-based services.”

CTB’s sales pitch claims its TV licenses offer up to 228MHz of bandwidth that is “essentially identical to 700MHz spectrum, but can be acquired at a fraction of the cost.” The company also claims it has exclusive rights to TV “White Space” spectrum via first adjacent channels, which are treated like guard bands to protect against interference from nearby stations.

All of these companies are applying for channels largely in low-interest rural markets, where they face few challenges from competing applicants. CTB calls this part of their rural “corridor” strategy. One such corridor covers stations in a line from Wisconsin west to Idaho.

All three companies are betting the FCC will allow them to eventually convert their over-the-air television licenses into wireless data networks, or let them sell the spectrum to deeper pocketed players in keeping with the Commission’s plan to open up more frequencies for data-hungry users. If the FCC allows it, these three entities will end up with the rights to prime wireless spectrum covering up to 90 percent of the country without having to spend a penny at forthcoming spectrum auctions.

But there are financial risks. The type of low power station licenses held by most of these companies do not get them a seat at the spectrum packing table. LPTV outlets are considered low-priority stations, and in larger communities, many could be forced off the air without compensation to make enough room for more important, full power stations.

No license, no 4G data network for Landover, CTB and others. But the chances of that happening in rural markets, where residents are lucky to have two or three over the air stations, are slim.

The technology might offer unique broadband opportunities for rural areas where conventional low-range cell towers are too expensive, if the technology works. A higher powered transmitter serving a rural, larger geographic area might prove financially attractive in low population density areas. Only time will tell if any of these entities will be able to raise the capital needed to fulfill the FCC’s construction permit obligations, which give owners just a few years to get their stations on the air or face forfeiture of their permit and/or license.