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Netflix’s $5 Billion Budget for Content Guarantees Program Spending Arms Race

Phillip Dampier March 3, 2016 Competition, Consumer News, Online Video 2 Comments

Total-Cable-Rate-increase-FCC6Years of broadcast and cable networks relying on cheap reality TV fare, game shows, and lurid news magazines to save money are coming to an end as media companies realize the only way to stop the viewing shift to Netflix, Hulu, and Amazon is to create better programming viewers want to see.

With online video services like Netflix spending millions to create original content like House of Cards and Fuller House, viewers are becoming disenchanted with shoveled reality fare and reruns littering basic cable networks.

A decade ago, cable networks started pushing the envelope on their programming lineups to boost ratings. Sober educational history documentaries on The History Channel began to make way in 2008 for reality shows like Pawn Stars and Ax Men, along with dubious pseudo-documentaries like Ancient Aliens and UFO Hunters. Consistent weather forecast information on The Weather Channel often had to wait for various weather chasing reality shows and other long form programming. Even The Learning Channel ditched educational programming as early as 2001 to feature “lifestyle” shows maligned and lampooned by critics as “freak show” television.

Broadcast networks suffering through an interminable advertising recession increasingly ditched scripted dramas for much cheaper reality and game shows. Even though some of these shows are considered popular, the total number of households viewing them have been in decline for years.

With the advent of series and movies created and funded by online video providers, traditional television networks and cable outlets have realized they can no longer rely on Law & Order reruns and shows like The Real Housewives of Dallas to keep viewers. They have to spend more money to create quality new shows.

bill shockBloomberg News reports networks hit the panic button after learning Netflix intends to spend almost $5 billion this year alone on programming, far more than any broadcast or cable network would ever consider.

The new strategy in response: spend, spend, spend.

“All these companies have been raising the amount they’re spending on programming pretty consistently,” said Doug Creutz, an analyst with Cowen & Co. “TV is losing audiences, and you’re trying to have new stuff to keep audiences engaged with your programming.”

Discovery Communications, Viacom and Starz are among those planning spending boosts to deliver better programming to compete. Although that may be great news for television aficionados, consumers are likely to be handed the bill in the form of higher cable rates to cover the “increased programming expenses.”

The large broadcast networks, movie studios, and cable networks may have created this problem for themselves after they began dramatically boosting the cost of licensing movies and TV shows for ventures like Netflix, in hopes of limiting its growth while also profiting handsomely from their deep content libraries. In response to growing restrictions on licensing content, Netflix embarked on a plan to create some of their own exclusive content instead. Many entertainment executives did not take Netflix seriously until the arrival of House of Cards, a series that could easily have been created and financed by any major network.

Other online video companies quickly followed suit, often using the British TV model of creating affordable, high quality mini-series that might include 8-10 episodes per season instead of the usual two dozen common on American networks. Co-productions with content-starved networks abroad also helped share expenses, secure talent, and move into something beyond conventional programming.

Cable networks have also had increasing success creating shows not just for the American market, but also for export to the rest of the English-speaking world, particularly Great Britain, Ireland, Australia, and Canada.

discoverySome Wall Street analysts like Rich Greenfield at BTIG Research have gone as far as predicting the traditional cable TV bundle is threatened with extinction as cost conscious viewers continue to abandon linear/live television for on-demand content like that offered by Netflix instead. That has delivered a three-way punch: pressures on revenue as program creation spending increases, growing cord-cutting, and cable rate inflation cable executives are increasingly desperate to control.

The day the 500 channel cable package model falls apart may not be too far off. The cost of programming at Discovery’s cable networks, other than sports, has grown 55% from 2013 to 2016, according to projections from researcher MoffettNathanson.

Discovery is using the money to push aside some of its near-endless reality TV fare for scripted programming, developing 10 shows with Lions Gate Entertainment. Viacom, another major cable programmer, saw expenses rise more than 25%, in part to create a new night of programming on VH1, doubling animation at Nickelodeon, and budgeting for more special events programming on BET. Some smaller cable operators were not impressed with the asking price and dropped all of Viacom’s networks from their cable systems.

Starz-LogoStarz, dwarfed by HBO and Showtime, is spending $250 million on its own original programming including Outlander, Survivor’s Remorse and Power. Subscribers who want more will get it as Starz increases budgets enough to allow producers to create 80-90 original episodes this year, up from 75 in 2015. To introduce subscribers to the shows, Starz commonly offers cable subscribers free trials as part of ongoing cable company promotions.

If you run an entertainment studio, are employed in the entertainment field, or can act, these are good times. In fact, demand for scripted shows may be outpacing the capacity of studios to produce them.

John Landgraf, CEO of Fox’s FX Networks, asserted there’s “too much TV,” noting over 400 scripted shows were filmed last year.

Until the late 1980s, most of the demand for scripted shows came from NBC, CBS, ABC, and the then-new FOX, because they were the only ones with enough money to afford the high production costs. Today, cable subscribers foot the bill for most cable network original shows, causing cable rates to spiral. With Netflix ready to spend at least $11 billion on programming over the next five years, the days of rate hikes are far from over.

Frontier Plans National IPTV Service for Up to 50% of Their Customers

Phillip Dampier February 23, 2016 Broadband Speed, Competition, Consumer News, Frontier 2 Comments

frontier new logoFrontier Communications plans to leverage their existing fiber-copper infrastructure to offer broadband-powered television service for up to half of their national customer base over the next four years.

Like many Frontier initiatives, the company’s IPTV effort relies on minimal spending, with just $150 million in capital budgeted for the project, spread out over several years.

“Our plans are to introduce video service to more than 40 markets representing approximately three million households over a three- to four-year period,” said Frontier CEO Daniel McCarthy. “Once complete, video service will be available to about 50% of the 8.5 million households in Frontier’s existing footprint, not counting the pending Verizon acquisition.”

Frontier intends to sell the service to the 57% of customers it claims can receive at least 20Mbps broadband speed. The video streams will co-exist with customers’ data service.

“Our IPTV applications employ the latest very advanced compression technology,” said McCarthy. “[Each] HD television channel will require approximately 2.5Mbps of capacity, meaning a household with four HDTVs active at once will require 10Mbps of capacity into the home, leaving the remainder available for data usage.”

Frontier’s IPTV approach is similar to AT&T U-verse. The company will depend on fiber to the neighborhood service already in place in certain markets, coupled with existing copper wiring already on telephone poles or buried underground in each neighborhood. To further minimize expenses (and customer inconvenience), Frontier will rely on customer-installable wireless set-top boxes that can be relocated to any television in the home.

McCarthy

McCarthy

Frontier has experimented with its video service since last fall in its test market of Durham, N.C. That city also benefits from an extensive fiber upgrade undertaken by Frontier. Frontier’s website sells the service as Frontier FiOS TV, even though Durham’s fiber network was built by Frontier, not Verizon.

For customers, it will likely be a welcome change from Frontier’s ongoing dependence on its partnership with satellite provider Dish Networks to offer video service. One clue Frontier has not well withstood heavy competition from competing cable operators comes from the company’s latest quarterly earnings report. Frontier executives admitted voice service disconnects are accelerating beyond expectation and average revenue per customer dropped 1.1% to $63.14 for the fourth quarter of 2015.

Frontier also continues to feel the wrath of former AT&T customers in Connecticut that withstood a messy “flash cut” from AT&T to Frontier that left some customers without service for days. Despite the expiration of special pricing promotions for Connecticut customers resulting in the prospect of higher revenue, Frontier still recorded a $7 million decline from Connecticut alone, which it mostly blamed on customers ditching landlines. In the rest of the country, Frontier’s “legacy service areas” (those still dependent on aging copper infrastructure) delivered another $4 million decline in revenue for the quarter.

Where are those customers going? Cable operators continue to grab Frontier’s unhappy DSL customers and wireless companies continue to benefit from landline disconnects.

To prevent a repeat of Connecticut in the Frontier-acquired Verizon territories in Florida, California, and Texas, Frontier will keep Verizon’s service plans and only gradually shift services away from Verizon, with the ability to back out of the transition immediately if something goes wrong.

Frontier’s IPTV service will depend on the classic cable television model — 100+ local, network, and cable channels delivered in a bundle with broadband and voice service. At the outset, Frontier won’t be emphasizing skinny bundles of TV channels, but will allow existing Verizon FiOS customers to keep the slimmed down packages they already have.

Wall Street: Usage Caps Are an Important Weapon in Fight Over Cord-Cutting

charter v dishA behind the scenes struggle between DISH Networks and Charter Communications over DISH’s online video service Sling TV has led to an admission by a Wall Street analyst that “usage-based billing” is an important tool for stifling over-the-top online video competition.

On Dec. 21, DISH’s legal team sent a letter to the FCC complaining about Charter’s attempts to “address” the competitive threat of Sling TV, DISH’s online video alternative to cable television.

“Charter’s laser-like focus on Sling TV shows that it views Sling TV as a serious competitive threat rather than a benign interest,” wrote DISH’s attorneys. “Charter is focused on protecting its video subscriber base rather than enhancing the broadband Internet experience for its subscribers. Charter’s documents further reveal thinly veiled complaints to programmers about making their programming available to Sling TV and other [online video] products.”

In the highly redacted filing, Dish suggested Charter was making thinly veiled threats to Disney and Scripps Networks over their willingness to allow their content to be included on Sling TV. DISH has complained to the FCC the cable company was attempting to undermine the new competitor.

A sample from DISH lawyer's highly-redacted submission to the FCC shows much of this fight is occurring out of public view.

A sample from DISH lawyer’s highly redacted submission to the FCC shows much of this fight is occurring out of public view.

On Thursday, the FCC also received an ex parte filing alerting the public that Time Warner (Entertainment) and HBO executives privately met with FCC staff last week, at their invitation, telling them Charter was likely threatening other programmers with unspecified action if they continued to allow their programming to appear on Sling TV.

In that meeting, HBO executives suggested “New Charter” — the combination of Charter Cable, Time Warner Cable, and Bright House Networks — “would be inclined to take action directed at programmers” if services like Sling TV continued to grow. Those threats seem to have been confirmed by Charter CEO Thomas Rutledge, who warned the company would take ‘competitive action’ against programmers selling content to the competition.

In the past, several cable executives have hinted that allowing wider distribution of cable networks over competitors’ networks or direct-to-consumer would dilute the value of those networks to cable operators. That would likely lead to demands for reduced prices when cable networks sought contract renewal. Some cable companies might also drop those networks altogether, arguing customers can get them elsewhere. Either retaliatory move would cut viewer numbers, which in turn would force networks to charge less for advertising.

That the FCC would invite further discussions on the issue of online video competition has some on Wall Street concerned about the prospects of Charter winning approval to buy Time Warner Cable and Bright House.

On Friday, BTIG analyst Richard Greenfield wrote investors, wondering if “we should be less confident in deal approval than we currently are.” With both the Justice Department and the Obama Administration pushing hard for competitive online alternatives to cable television, the FCC may be worried allowing New Charter to have 25-30 percent of the broadband market. With broadband a prerequisite for signing up for services like Sling TV, Rutledge’s “competitive action” could dissuade consumers from choosing online video instead of cable television.

New Street Research analyst Jonathan Chaplin admitted one of Charter’s strongest potential weapons against online video competitors is usage-based Internet billing. That Charter has committed to avoiding usage pricing for the next three years would seem to delay any attempt by Charter to deploy usage caps and usage pricing to stop online competition.

But three years may also not be long to wait, especially if the current “cap-free” commitment helps win merger approval. Chaplin believes Charter’s current commitment to not impose usage caps weakens DISH’s argument, but it could be the subject of special conditions from regulators if the deal is ultimately approved.

The topic appears to be sensitive enough to have provoked Charter to push back hard against DISH and Time Warner (Entertainment) in a blog post published last Friday afternoon.

We are happy to report that the vast majority of stakeholders are pleased with the merger and excited about New Charter.  It’s no surprise, though, that there are some who seek to use the regulatory review process to extract concessions or conditions that further their business goals.  Following the well-worn play book, to achieve that goal, they must first try to discredit the merger, but their allegations are often not based on the facts. For example, charges by Dish and Time Warner’s HBO that New Charter will harm Online Video Distributors simply do not make sense. As we have demonstrated, there is no more OVD-friendly provider than Charter, with our slowest speed at 60Mbps, no data caps, no usage-based billing, no annual contracts and no modem fees. Additionally, we’ve committed that New Charter will offering settlement-free peering to Internet companies, which means we will continue to invest in interconnection to avoid congestion. Netflix CEO Reed Hastings, a supporter of the transaction, stated “the key thing about the Charter deal is it’s all Internet companies that benefit — us, Hulu, Amazon, HBO Now — so that we can all compete for consumers’ affection.”

AT&T Brings Back Unlimited Wireless Data Plan… If You Have U-verse TV or DirecTV

att-logo-221x300Building in protection from cord-cutting, AT&T today announced it was bringing back its unlimited data wireless plan for customers that subscribe to U-verse TV or DirecTV.

The new AT&T Unlimited Plan claims to offer unlimited data, talk and text for $100 a month. Additional smartphones are $40 per month each, with a fourth smartphone free to add at no extra charge.

“Video traffic continues to grow on our network as fast as ever because people enjoy viewing their favorite video content on their favorite devices,” said Ralph de la Vega, CEO of AT&T Mobile and Business Solutions. “And, they will get a high-quality video streaming experience from the start. No compromises in video quality.”

Except that AT&T discloses in its fine print, “After 22GB of data usage on a line in a bill cycle, for the remainder of the bill cycle AT&T may slow data speeds on that line during periods of network congestion.”

Speed throttles often affect video quality and can stall playback.

It’s the first time in five years AT&T has offered an “unlimited data” wireless option to its mobile customers. Analysts suspect the offer is designed to compete with T-Mobile’s free video streaming “BingeOn” promotion, while also protecting AT&T’s video platforms from cord-cutting. AT&T also gets an opportunity to add new video customers to its recently acquired DirecTV service, because only customers with a qualifying video subscription are allowed to buy the unlimited data plan.

AT&T is tying the unlimited data promotion to its satellite offering DirecTV, not U-verse, with a promotional satellite TV package for new video customers beginning at $19.99 per month for 12 months, with a 24 month agreement. After one year, the base TV package increases to $49.99 a month.

To bring back AT&T wireless customers that left for another carrier, AT&T is offering up to $500 in incentives when customers switch to the AT&T Unlimited Plan with an eligible trade-in and buy a new smartphone on AT&T Next. Customers who combine their U-verse or DirecTV account with AT&T Wireless on a single bill will also get an extra $10 off per month.

AT&T is effectively selling its Unlimited Plan for $60 a month, double AT&T’s original rate for unlimited data of just under $30. With a video subscription pre-qualifier, customers enrolling in the plan can expect a substantial bill.

AT&T Unlimited Plan
Device Type Monthly Access Fee Per Device
1st Smartphone $100
Additional Smartphones  (Fourth line free after bill credit) + $40
Tablets + $40 (or $10 for 1GB)
Watches + $10
Basic/messaging phones + $25
Select connected devices + $10

On the mobile side, customers will be initially expected to pay up to $220 a month for four active lines. The $40 credit for the fourth smartphone only begins after two billing cycles, finally reducing the bill to $180 a month before taxes and surcharges. A required video package will range from $19.99 for a basic DirecTV plan ($49.99 in year two) to as much as $80 or more for U-verse TV, bringing a combined television and wireless bill to more than $300 a month.

Those with 4G tablets can save some money dropping the $40 unlimited data device access fee and choosing a $10 1GB data plan for tablets instead.

Get Your Share of a $576+ Million Settlement for 10+ Years of CRT Monitor Price Fixing

Phillip Dampier October 6, 2015 Consumer News, Video 2 Comments
These old CRT monitors probably sitting in your garage or basement are still worth something after all.

These old CRT monitors probably sitting in your garage or basement are still worth something after all.

If you purchased a boat-anchor-weight CRT monitor for your personal computer or a television set between March 1, 1995 and November 25, 2007, you may be owed a significant settlement from the $576 million dollar fund various manufacturers have set aside to pay class action damage claims.

The settlements, to be divided by consumers and businesses who overpaid for a TV or computer monitor as a result of alleged price-fixing, is likely to result in many households qualified to receive a check for $100 or more, even after the lawyers get their share. For now, only residents in certain states are qualified for settlement payments, but additional lawsuits are moving forward, so if your state isn’t qualified now, it might be later.

You have until December 7, 2015 to file your claim online or by mail for this settlement round. It takes only a few minutes to complete the form.

Individuals and businesses qualify for money from this settlement if they purchased a CRT or product containing a CRT, such as a TV or computer monitor, in the following states for their own use and not resale. You do not have to live in these states to qualify, if you purchased your television or monitor from a retailer (online/brick and mortar) with a presence in these states:

  • Arizona, California, Florida, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin or the District of Columbia between March 1, 1995 and November 25, 2007
  • Hawaii between June 25, 2002 and November 25, 2007
  • Nebraska between July 20, 2002 and November 25, 2007
  • Nevada between February 4, 1999 and November 25, 2007

settleThe huge class action case has been in the works for years and alleges that defendants and co-conspirators conspired to raise and fix prices for CRT monitors (the ones you probably used before you bought your first flat panel LCD monitor). The alleged scam ran for more than a decade and several manufacturers have agreed to settle to make the case go away without admitting guilt.

The collective law firms involved in the case have asked for no more than one-third of the settlement, a reasonable amount in light of many other class action cases that leave consumers with nothing more than a low value coupon or “spare change” reimbursement checks. Because the alleged price-fixing lasted over a decade, many households will be able to claim settlement reimbursement for multiple televisions and computer monitors.

CPT, Philips, Panasonic, LG, Toshiba, Hitachi, Samsung SDI, and Thomson/TDA have agreed to settlements, and these manufacturers made the cathode ray tubes for several third-party brands. The largest manufacturer not a part of this lawsuit is Sony, and those monitors and televisions are excluded from this settlement.

Because these purchases occurred so long ago, you are not expected to have the receipt, the computer monitor, or television still in your possession. Any reasonable claim will be accepted without documentation. If your home or business is claiming what we estimate to be more than a combined five televisions and computer monitors, it will probably be audited and some form of reasonable documentation (picture, receipt, owner’s manual, credit card statement, etc.) will be required to prove your claim.

Here are the television and computer monitor brands involved in this round of settlements:

Chunghwa, LG, Philips, Panasonic, Hitachi, Toshiba, Samsung, Thomson and TDA.

Updated 7:00pm EDT — This article was considerably rewritten shortly after publication because it initially addressed a different settlement affecting “direct purchasers” who bought monitors direct from manufacturers. The updated details seen above reflect a settlement involving “indirect purchasers,” defined as those who bought monitors from a third-party retailer, such as Best Buy, Amazon.com, your local computer store, etc. The “indirect purchasers” settlement will reach a larger number of consumers and businesses who read Stop the Cap!, so we updated the article. If you already filed a claim using the original link seen in the earlier article, you will need to re-file using the corrected links seen above. The worst that can happen is the settlement administrator will request a clarification. It will not affect your eligibility. We apologize for any confusion this caused.

[flv]http://www.phillipdampier.com/video/Cathode Ray Tube CRT Indirect Purchaser Class Action.mp4[/flv]

Learn more about the CRT Settlement Fund and how you can collect a substantial settlement for your old computer monitor or television set. (37 seconds)

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