Back in the fall of 2010, British billionaire Alki David fired a salvo against major broadcast networks in the United States and United Kingdom with the introduction of FilmOn, an online cable system offering unlimited viewing of broadcast networks from both countries for around $10 a month. By early 2011, lawsuits from various networks forced the removal of the most-watched channels, and most of the incentive for subscribers to keep paying for the service.
But David has never given up on FilmOn, and borrowing a page from Aereo’s business plan, he has brought back most of the major American networks on his relaunched platform, dubbed AereoKiller.
The company claims it is now using individual over-the-air antennas to receive broadcast stations from the New York or Washington, D.C. area, selling 24/7 streaming access for $9.99 per month or $99 a year. DVR service is sold at prices ranging from $2.95 a month to $190 a year, depending on the number of hours recorded.
There seem to be no geographic restrictions to prevent out of area viewers from subscribing, and FilmOn offers viewing on the desktop, as well as through iOS and Android apps.
David
FilmOn may have avoided streaming west coast stations because a California court found in favor of broadcasters who sued to shut down the operation three years earlier. But it ultimately will not keep David’s upstart service out of the courts in the east.
Last week, three major television networks and Washington, D.C. station owner Allbritton Communications filed suit against FilmOn for streaming signals from the nation’s capital without permission.
Based on the track record of earlier ventures, customers may want to avoid subscribing at the annual package price. Historically, broadcasters have fought and won temporary restraining orders that block the streaming services until the case makes its way through legal proceedings. Aereo, which streams New York area television stations exclusively to New York City customers has proven the exception and continues to run, at least for now.
Broadcasters consider stopping “dime-sized” antenna farm streaming services like Aereo and AereoKiller a top priority, because networks and local stations earn lucrative retransmission consent rights fees from cable, satellite, and telco-TV providers used by at least 90 percent of the viewing audience. Should these alternative technologies be found legal and not in violation of copyright, pay television providers could potentially license and incorporate similar technology into their respective set-top boxes and avoid paying license fees to station and network owners.
FilmOn’s introductory promotional video features some boastful claims from founder Alki David that are perhaps more wishful thinking than reality, but PlayOn has persisted despite broadcaster lawsuits by creating and distributing original live and recorded programming. (8 minutes)
The FCC’s UHF TV Diet Plan: Slimming Down the Free TV Dial to Make Room for Expensive Wireless Broadband
By the end of this month, the Federal Communications Commission will vote on proposed rules governing a planned 2014 auction that will allow over the air TV stations to surrender their “free TV” channels in return for money from the nation’s wireless phone companies looking for more mobile broadband spectrum.
The Commission is considering reallocating UHF TV channels 31-51 for mobile data, compacting the nation’s over the air TV stations onto VHF channels 2-13 and UHF channels 14-30. But the FCC also expects many stations, particularly smaller independent or specialty channels in large cities, will be happier surrendering their broadcast TV licenses in return for cash compensation.
If the five FCC commissioners approve the plan, it will be the largest spectrum auction since 2008, and could earn the U.S. treasury billions, tempered by payouts to television stations agreeing to shut down their transmitters, and to compensate remaining stations for the cost of moving operations to a new channel number, when necessary.
“To ensure ongoing innovation in mobile broadband, we must pursue several strategies vigorously: freeing up more spectrum for both licensed use and for unlicensed services like Wi-Fi; driving faster speeds, greater capacity, and ubiquitous mobile Internet coverage; and taking additional steps to ensure that our invisible infrastructure for mobile innovation can meet the needs of the 21st century,” the agency’s chairman, Julius Genachowski, said in a statement.
The controversial auction would compensate broadcasters even before the FCC knows exactly how much spectrum it will eventually have available to auction to wireless carriers. Nobody is sure how many stations will ultimately choose to abandon their over-the-air audiences, but an FCC report predicts the largest number of station losses would be in large metropolitan areas, which often have more than a dozen stations devoted to infomercials/home shopping, ethnic shows, religious programming, and independent network affiliates. The FCC suspects some of these lower-rated stations will see the money as a strong incentive to surrender their broadcast licenses.
Genachowski
The FCC considered several spectrum-saving proposals that would free up as much channel space as possible to resell to wireless operators. One proposal would have full power broadcast outlets switch to low-powered cellular-style transmitter networks to reduce the potential interference on an increasingly crowded dial. But that proved unpopular and expensive for broadcasters. Instead, the FCC predicts stations could effectively share channels and still retain HD service. For example, a local CBS station could agree to surrender its license and broadcast instead over the transmitting facilities of the local NBC station, splitting one station’s allocated channel bandwidth in half. Other stations will be relocated on the dial or moved to different transmitter sites to reduce potential interference from stations in nearby cities.
Stations that do not require an HD service could share space with those serving several standard definition channels to the public. These are typically public, educational, or ethnic-oriented broadcasters.
As a consequence, the FCC says many stations might have to give up on their “multicast” standard definition secondary services — the 24 hour local weather or news channel, Me-TV, This TV, Retro TV, Antenna TV, and Bounce, for example, because there would be insufficient bandwidth when two services sharing one channel are transmitting in HD.
“So far, nobody’s been able to figure out what can go on a digital side channel and pay for its own presence there. Mostly it’s been used as a revenue-neutral or money-losing place to put 24-hour weather… Nobody watches these things in strong enough numbers to generate any advertising revenue.”
But the FCC did recognize that certain viewers in fringe reception zones could experience a loss of service — one that could be addressed by subsidizing improved antennas for homeowners or requiring cable or satellite operators to develop a “lifeline” television service consisting of local broadcasters, either for free or at a minimal monthly cost.
Some consumer groups worry that any forthcoming spectrum auction would be dominated by Verizon Wireless and AT&T — the nation’s two largest carriers, who could easily outbid smaller cell phone companies also clamoring for spectrum. During the last auction in 2008, which netted nearly $20 billion, Verizon Wireless walked away with the bulk of the spectrum on offer. Without auction rules setting aside significant spectrum for smaller competitors, both dominant carriers could lock up one of the last spectrum auctions for the next 5-10 years, cementing their de facto duopoly.
The FCC is considering reworking its market concentration rules before the bidding begins, which could constrain Verizon and AT&T from bidding and winning the bulk of available frequencies in the cities where they dominate.
[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg FCC Chair on Spectrum Auctions 9-10-12.flv[/flv]
FCC Chairman Julius Genachowski talks about rising demand for mobile broadband access and the outlook for spectrum auctions to free up more airwaves. He speaks with Cory Johnson on Bloomberg Television’s “Bloomberg West.” (7 minutes)
The Canadian Broadcasting Corporation today shut down more than 600 analog television transmitters primarily serving rural viewers, forcing most to either go without television to sign up for commercial satellite or cable television service.
Because of Canada’s great expanse, the country’s public broadcaster has relied on hundreds of terrestrial low-power television transmitters to cover smaller communities and rural areas outside of the reach of CBC stations in larger cities. These transmitters provide relays of 27 regional English and French stations and have allowed rural residents to enjoy free over-the-air television.
While larger communities are now able to watch digital television signals in place of older analog service, the CBC has decided not to replace existing analog repeater transmitters with digital ones, effectively ending service for many rural Canadians who will now receive no over the air signals at all. Budget challenges and a decision from the CRTC that declared the CBC has no obligation to broadcast its programming has been met with resistance across rural Canada, particularly because taxpayers in cities large and small finance the CBC’s operations.
As of today, the CBC will rely entirely on the 27 digital television stations it will continue to operate over the public airwaves nationwide. Critics say that is contrary to the CBC’s mandate in the Broadcasting Act, which declares the CBC is Canada’s “national public broadcaster.”
“The TV transmitter infrastructure is worth millions and was paid for by Canadian taxpayers,” says Catherine Edwards of the Canadian Association of Community Television Users and Stations. “More than 2000 Canadians protested the shutdown in letters to the CRTC last month. They asked that the infrastructure be offered to communities to maintain for themselves. The federal government seems to be doing everything it can to cripple the national broadcaster and turn it into a pay specialty service, available to well-heeled Canadians in big cities.”
“The CBC-TV and Radio-Canada analog transmitter shutdown is a sad chapter in Canada’s digital transition,” says Karen Wirsig of the Canadian Media Guild. “We understand that CBC is in a financial bind with $155 million in cuts required by 2015. Something had to give. Evidently infrastructure outside of major cities is not a priority for the federal government, despite rhetoric about the digital economy.”
The CBC says the change will impact only 2 percent of Canadians that do not already receive digital television service or have signed up with a pay television provider. But the concept of “free TV” has changed forever for rural viewers.
For some cable viewers, the CBC’s digital solution is also presenting problems, especially in the Maritimes. In rural Newfoundland and Labrador, EastLink viewers may lose their closest local CBC station and be forced to watch programming from a CBC station is Halifax, Nova Scotia instead, at least until Shaw begins carrying additional CBC stations on satellite.
The Canadian Broadcasting Corporation today shut down more than 600 relay transmitters providing rural Canada with over-the-air access to the public broadcaster with a mandate to serve all of Canada. Now, viewers in rural Newfoundland and Labrador are going to be stuck watching “local” news and weather intended for Halifax, Nova Scotia. CBC Radio in Newfoundland and Labrador talks with the CBC about the reason for the disruption. (July 30, 2012) (8 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.
Shaw’s “Local Television Satellite Solution”
In 2010, Shaw Communications, which owns Shaw Cable and Shaw Direct — a major satellite TV provider, announced its intention to buy Global TV — a major Canadian television network. For Americans, this would be the equivalent of Comcast owning your local cable company, NBC, and DirecTV. The Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications regulator, agreed to a deal offered by Shaw to acquire Global in return for offering Canadians who have not had satellite or cable service in the last 90 days a temporary free satellite solution for receiving “local stations.”
This customer ran out of luck when he needed Shaw to install just over 250 feet of cable from the nearest clear spot for the satellite to his home. Shaw limits installers to 250 feet, no more. The installer packed up and left shortly after learning an exception would have to be made. (Photo: PGM/Dude, ‘Where’s My TV?’ blog)
Shaw’s Local Television Satellite Solution (LTSS) offers qualified Canadians free satellite service with a handful of over-the-air stations, assuming they apply by November 2012.
Assuming your postal code is within a “qualified reception zone,” and you somehow know about the barely promoted service, Shaw will provide a satellite dish, receiver, and reasonable installation at no charge.
Unfortunately, many Canadians have no idea Shaw is offering the service, and are opting to purchase a regular Shaw Direct package, signing up with another satellite provider, or subscribing to cable where available. Very little about the service is found on Shaw Direct’s website, and those interested are required to call the company for further information. Even those made aware of Shaw’s offer have found challenges signing up.
Steven James May, who runs the “Dude, Where is My TV?” blog reports his parents, who live in rural Denbigh, Ontario were first made aware of Shaw’s LTSS when he told them about it. Several initial attempts to sign up for the service were dashed when Shaw responded Denbigh residents were not qualified for LTSS based on the postal code provided. When May’s parents eventually did qualify, they were sent a well-used and scuffed Star Choice satellite receiver retired from the days Shaw Direct was known as Star Choice.
After installation, the Ontario residents ended up with a dozen primarily over-the-air channels from across Canada:
2 Shaw Direct’s home channel
9 Knowledge Network
23 CTV 2 Alberta
37 CBC Toronto
39 Global Toronto
40 CityTV Toronto
41 CHCH Hamilton
42 OMNI
44 CTV Toronto
50 MCTV Sudbury (CTV)
52 Global Thunder Bay
55 TVOntario (Educational)
While enticing, Denbigh residents have effectively lost “local service” because the community is forced to watch local news for Toronto, Hamilton, Sudbury, Thunder Bay, and Calgary — all much further away than the nearest large city for them — Ottawa. Residents that used to watch CJOH (CTV Ottawa) and CBOT (CBC Ottawa) over-the-air now must get accustomed to news and weather for Toronto, a considerable distance to the west.
“This is a major public policy failure,” adds Edwards. “Everyone has known that the digital transition was coming for two decades. It’s supposed to increase our communications services, yet no one would step up to the plate and take leadership to make sure that neither rural Canada nor our national public broadcaster would be crippled: not Heritage, not the CRTC, not the CBC, and certainly not the federal government.”
Static isn't just for the UHF dial, it's for powerhouse lobbying groups, too.
While surface reporting on “white space” broadband and “super Wi-Fi” seem to suggest the United States is on the cusp of opening up much of the UHF television dial to wireless broadband, behind the scenes broadband advocates are fretting about being outmaneuvered by the powerful broadcast lobby. The theory behind “white space” broadband seems simple enough. Anyone who has flipped channels up and down the UHF dial sees a lot of unused real estate. While most cities receive 5-10 UHF TV channels, there are dozens of apparently empty channels filled with what seems to be nothing at all. Can’t we make more efficient use of the UHF dial and open the excess to other uses?
The FCC has been studying just that, with the proposition that broadcasters could be relocated closer together or agree to sell their broadcast license and sign off the air for good. Theoretically, the UHF dial would be reduced to channels 14-30. Stations on channels 31-51 would have to relocate down the dial to make way for broadband.
That was the plan anyway
Naturally, the National Association of Broadcasters (NAB), the broadcast industry lobbying group, was not happy to learn of this plan, which is still heavily promoted by wireless telecommunications companies. They quickly argued there were not enough UHF channels left to accommodate every TV station on the air today, and some cities bordering Canada faced losing major stations if the plan was adopted.
In the clash of the lobbying titans, it appears broadcasters have at least temporarily won the upper hand. Legislation authored by the powerful House Communications Subcommittee Chairman Greg Walden (R-Ore.), would grant the FCC authority to conduct spectrum horse-trading and auctions, but only if the sales take “all reasonable efforts to preserve” the coverage area of impacted broadcast stations.
In the minds of several wireless broadband advocates, “reasonable efforts” kills it. That key passage is open to wide interpretation, which in Beltway language means a full employment program for Washington law firms who will end up letting a judge decide what “reasonable” really means.
Blair Levin
Blair Levin, an attorney who served as chief of staff to FCC Chairman Reed Hundt from 1993 to 1997, where he oversaw the implementation of the disastrous 1996 Telecom Act, is all sour grapes about the latest developments in Congress. That is to be expected — he was once considered the Obama Administration’s chief “broadband czar.”
“The legislation ties the FCC’s hands in a variety of ways,” Levin tells TVNewsCheck. “It opens it up to litigation risk, which then, in conjunction with the other handcuffs, makes it difficult to pull off a successful auction. The nature of the bill dramatically increases the probability that there will be less spectrum recovered and less money for the [U.S.] Treasury.”
Broadcasters have been legitimately worried about where they might fit within the new, slimmed-down UHF dial. The more broadcasters packed closer together, the greater the chance of interference and reduced signal coverage for those who happen to live between two cities sharing the same channel number. The NAB has consistently opposed forcing station-owners’ hands and wants stations compensated for their costs and inconvenience.
Before the first “white space” broadband signal takes to the airwaves, the government will have to set aside at least $3 billion to defray expenses incurred by television stations moving down the dial. With language that guarantees broadcasters won’t have to suffer from an interference nightmare, FCC engineers will have a much harder time finding enough channels for the number of stations that need to move. That could mean fewer channel positions up for auction.
Blair believes stations can extract even more by playing the litigation threat card.
“Nobody wants to go to an auction when there is the threat of a judge anywhere having the ability of holding it up,” Blair said. “I believe a good lawyer could find a way to get the question of whether the FCC took all reasonable efforts in front of a judge. If you are designing the auction and a big law firm shows up and says, ‘If you don’t take care of my single broadcaster, we are going to find a way to get to court.’ That’s a real threat.’’
The Lady Gaga problem
Lady Gaga's wireless microphone malfunction.
Assuming Washington can fling enough cash to soothe the nerves of worried broadcasters, impediments to white space broadband don’t stop with the local Fox station. The next complication is the wireless microphone issue. When you see Lady Gaga in her latest outrageous outfit, you probably are not noticing her wireless microphone. Performers of all kinds use these low power devices that often work over unused UHF spectrum. Only it may not be unused for long.
Spectrum Bridge, a “white space” database administrator charged with coordinating who is using what frequency for what purpose, understands the challenges of trying to keep track of TV reporters, bands on tour, and other wireless microphone users, who all expect an interference-free experience. Electric companies and municipalities also plan to utilize white space spectrum to manage smart city and smart grid communications. A year later, Super Wi-Fi applications that deliver longer distance Wi-Fi service are expected to arrive.
It’s becoming a crowded neighborhood.
Congress’ NAB-friendly, Republican-sponsored bill may be modified substantially in a Democratic-controlled Senate, and there is still plenty of time for lobbyists to work their magic. But it’s safe to say that those who have waited at least seven years for white space broadband to become a reality will have to wait a little longer.
Just over one year ago, Stop the Cap!introduced readers to Sezmi, a cable-TV alternative that delivered a package of selected cable networks, on-demand movies, video podcasts, YouTube content and local broadcast stations with a 1TB DVR set top box for $19.99 a month. Subscribers that decided to forgo the cable networks paid even less — $4.99 a month for service.
But no more.
As of this morning, Sezmi has discontinued its service, leaving customers with a nearly-worthless set top DVR box they spent $149.99 to acquire, and a number of questions about the company’s sudden change of direction.
The company issued a statement telling customers it has ceased monthly billing and giving customers until later this year to use some of the features Sezmi operates in-house:
We regret to inform you that Sezmi is discontinuing its consumer service. As of Monday, September 26, 2011, you will no longer be able to view or record broadcast TV programming through your Sezmi System. However, you will still be able to view movies and shows you have already saved to your Sezmi media recorder. To help ease the transition, you may also rent movies and shows if available at no charge from Sezmi’s On Demand catalog through November 1, 2011.
Why do you have to discontinue your consumer service?
Sezmi has changed its business focus to providing our product and technology platform to service providers, internationally and in the U.S., who are interested in providing broadband video services to their customers. As a result, we are no longer supporting our direct-to-consumer service.
What does this mean for me?
You will no longer be billed for Sezmi service. As of September 26th, you will no longer be able to utilize the programming guide and your digital media recorder will no longer operate as a recorder. You will be able to view movies and shows you have already saved to your recorder and YouTube access will not be affected. Between now and November 1st, you may rent any movies or shows at no charge to you. After November 1, Sezmi’s On Demand catalog will no longer be available but you will be able to use your Sezmi system to view all programming you have saved to the media recorder.
No Service After Sept. 26, 2011 didn't make the list.
What it also means is customers are stuck with a proprietary DVR box that won’t work with other services.
Sezmi’s business model was most operational in the Los Angeles market, where it leased unused spectrum from several LA-area television stations to carry its lightweight cable package. In other markets, Sezmi simply wedded over the air digital free television stations with its online lineup of on-demand programming and charged $4.99 a month to watch. It was never a compelling offer outside of Los Angeles, and even in that city, trouble brewed when Sezmi discontinued the cable package in December.
Among the difficulties Sezmi encountered:
Finding cooperative local broadcasters willing to lease unused digital spectrum to Sezmi proved to be a difficult proposition. Broadcasters are zealously guarding the frequencies they control now and do not want to get into long-term contracts with third parties. Network owned stations in major cities may have already committed significant spectrum to their own sub-channels and other projects, or want to hold them in reserve for future use. Besides, why lease spectrum to a company for a cable package large networks could theoretically build themselves.
Sezmi lacked access to many popular cable channels, notably ESPN and HBO. It’s difficult to get consumers to drop a cable or telco-TV subscription in favor of one that is limited to two dozen cable channels, some of which were hardly deal-sealers. Efforts to move cable channel programming to online distribution were met with difficulty because content owners increasingly want a piece of the action. Deep pockets are required to sustain video streaming businesses.
Consumers never really understood the product and were not convinced to choose it over better known alternatives that included satellite TV.
Sezmi’s new focus on working with larger players could meet with some success, but Sezmi’s best chances of all could be developing the technology for ethnic audiences or other narrowcast opportunities where the lack of a hundred plus channel cable package would not be a factor.
Be Sure to Read Part One: Astroturf Overload — Broadband for America = One Giant Industry Front Group for an important introduction to what this super-sized industry front group is all about. Members of Broadband for America Red: A company or group actively engaging in anti-consumer lobbying, opposes Net Neutrality, supports Internet Overcharging, belongs to […]
Astroturf: One of the underhanded tactics increasingly being used by telecom companies is “Astroturf lobbying” – creating front groups that try to mimic true grassroots, but that are all about corporate money, not citizen power. Astroturf lobbying is hardly a new approach. Senator Lloyd Bentsen is credited with coining the term in the 1980s to […]
Hong Kong remains bullish on broadband. Despite the economic downturn, City Telecom continues to invest millions in constructing one of Hong Kong’s largest fiber optic broadband networks, providing fiber to the home connections to residents. City Telecom’s HK Broadband service relies on an all-fiber optic network, and has been dubbed “the Verizon FiOS of Hong […]
BendBroadband, a small provider serving central Oregon, breathlessly announced the imminent launch of new higher speed broadband service for its customers after completing an upgrade to DOCSIS 3. Along with the launch announcement came a new logo of a sprinting dog the company attaches its new tagline to: “We’re the local dog. We better be […]
Stop the Cap! reader Rick has been educating me about some of the new-found aggression by Shaw Communications, one of western Canada’s largest telecommunications companies, in expanding its business reach across Canada. Woe to those who get in the way. Novus Entertainment is already familiar with this story. As Stop the Cap! reported previously, Shaw […]
The Canadian Radio-television Telecommunications Commission, the Canadian equivalent of the Federal Communications Commission in Washington, may be forced to consider American broadband policy before defining Net Neutrality and its role in Canadian broadband, according to an article published today in The Globe & Mail. [FCC Chairman Julius Genachowski’s] proposal – to codify and enforce some […]
In March 2000, two cable magnates sat down for the cable industry equivalent of My Dinner With Andre. Fine wine, beautiful table linens, an exquisite meal, and a Monopoly board with pieces swapped back and forth representing hundreds of thousands of Canadian consumers. Ted Rogers and Jim Shaw drew a line on the western Ontario […]
Just like FairPoint Communications, the Towering Inferno of phone companies haunting New England, Frontier Communications is making a whole lot of promises to state regulators and consumers, if they’ll only support the deal to transfer ownership of phone service from Verizon to them. This time, Frontier is issuing a self-serving press release touting their investment […]
I see it took all of five minutes for George Ou and his friends at Digital Society to be swayed by the tunnel vision myopia of last week’s latest effort to justify Internet Overcharging schemes. Until recently, I’ve always rationalized my distain for smaller usage caps by ignoring the fact that I’m being subsidized by […]
In 2007, we took our first major trip away from western New York in 20 years and spent two weeks an hour away from Calgary, Alberta. After two weeks in Kananaskis Country, Banff, Calgary, and other spots all over southern Alberta, we came away with the Good, the Bad, and the Ugly: The Good Alberta […]
A federal appeals court in Washington has struck down, for a second time, a rulemaking by the Federal Communications Commission to limit the size of the nation’s largest cable operators to 30% of the nation’s pay television marketplace, calling the rule “arbitrary and capricious.” The 30% rule, designed to keep no single company from controlling […]
Less than half of Americans surveyed by PC Magazine report they are very satisfied with the broadband speed delivered by their Internet service provider. PC Magazine released a comprehensive study this month on speed, provider satisfaction, and consumer opinions about the state of broadband in their community. The publisher sampled more than 17,000 participants, checking […]