Verizon FiOS customers are receiving letters this week informing them the company is locking down video content from being recorded and copied by viewers:

We also would like to inform you that on or after July 31, 2012, Verizon will begin to implement the requirements of certain premium channels (which requirements are authorized by the Federal Communications Commission), that prohibit the copying of recorded content to more than one recorder (such as a DVR or mobile device). This may affect the functioning of some multi-room DVRs. Recent software updates from the manufacturers of these devices may provide options, such as streaming, that preserve multi-room functionality for affected channels.

Consumers using DVR boxes should still be able to record whatever shows they want, but those using external copying or recording tools, or use CableCARDs, will be stymied from copying digital content protected by a copyright flag, and CableCARDs will now have to be pre-authorized to authenticate customers for access to the channels they want to watch.

In real terms, this will likely create hassles for customers using third party viewing devices that can stream shows from one place to another, if those devices detect and respect the copyright flag set by the provider.  This could also block access to certain streaming apps, unless they are rewritten to support the copyright sensitivity of the programmer.

Prism is CenturyLink’s fiber to the neighborhood service, similar to AT&T U-verse.

CenturyLink is feuding with the mayor of Colorado Springs, Colorado over whether or not the company intends to roll out its Prism IPTV service in lower income neighborhoods in the city.

The phone company is planning expansion of its fiber-to-the-neighborhood television service in Colorado for the first time, but has run into problems negotiating a franchise agreement with city officials that guarantees equal access to the upgraded broadband, phone, and television service.

“To be candid, CenturyLink does not want to put in the franchise agreement any specificity as to serving lower-income neighborhoods,” Mayor Steve Bach said last Wednesday during a meeting with City Council. “I don’t know about you, but that doesn’t work for me.”

CenturyLink wants to secure a franchise agreement that will permit the company to gradually roll out their Prism service to 22 percent of the city of Colorado Springs. But the company has refused to commit to a specific percentage of homes in lower income neighborhoods the company will wire for the new service.

Bach has the apparent support of incumbent cable operator Comcast, who seems in agreement CenturyLink should deliver its service equitably across the city.

Comcast spokeswoman Cindy Parsons told The Gazette any new cable company should be held to the same standards as Comcast was.

“Just as Comcast was required to make video services available throughout the city, we believe a new entrant into the video business should also be held to those same regulatory requirements,” she said.

“I honestly thought we had reached an understanding about the language that was to be included in the agreement,” Mary LaFave, CenturyLink’s director for public policy told the newspaper. “What we have discussed with the city is something that we have never discussed (in other communities). I’ve never seen it before.”

Bach

The newspaper last week met with CenturyLink executives to discuss the dispute and found them to be unaccommodating.  The newspaper issued an editorial critical of CenturyLink’s apparent unwillingness to get specific:

To lay fiber, the company needs to use public right-of-way. That means it needs permission of city government, in the form of a franchise agreement.

Allocation of right-of-way is a subsidy, given that companies are granted permission to use a public resource in pursuit of profits. As such, some politicians take quite seriously any request for an agreement.

Mayor Steve Bach went public this week with a concern that CenturyLink might choose to serve only the most affluent neighborhoods, giving no assurance to the city that it would invest in less advantaged areas. His concern has led to a proposed agreement in which CenturyLink would provide a “significant” amount of service to low-income areas.

[…] “What we have discussed with the city is something that we have never discussed. I’ve never seen it before,” said Mary LaFave, CenturyLink’s director for public policy.

Welcome to the new Colorado Springs. We don’t try to match best practices elsewhere. We try to surpass them.

In our meeting, a Gazette editorial board member expressed concern about a contract that relies on the wiggle word “significant.” That could mean 10 percent to some, 80 percent to others. It’s a recipe for potential consternation and even litigation. We suggested a contract that specified a percentage of service, even a very low percentage, to low-income neighborhoods. LaFave said no way.

Low-income households often buy cable. So Bach’s concern may be mostly political, as market demand will likely cause CenturyLink to reach into a cross section of neighborhoods.

Given this likelihood, and the heartfelt assurance that CenturyLink will serve a broad socioeconomic spectrum, it is hard to understand why the company balks at committing to a base-level percentage.

We urge City Council and Bach to approve a business-friendly agreement with a specified safety-net percentage of service that will go to low-income households. Set a number slightly below CentryLink’s anticipated service to low-income areas, but achieve contractual specificity.

When local government trades in right-of-way, it allocates a resource that belongs to every resident of Colorado Springs. A reasonable effort to protect them, with a contract that codifies at least the minimal goals stated by CenturyLink, makes good business sense. This is not just any old town, and it should not settle for just any old contract.

CenturyLink was already awarded a cable franchise in Monument and is seeking franchises in Fountain and unincorporated El Paso County. The company currently operates Prism in eight cities nationwide.

In the eyes of many entertainment executives, pressing fast forward to skip past commercials recorded by your DVR is a crime, and they want it stopped.

We’ve made progress. In the 1970s and early 1980s, those same executives were arguing recording a television show itself was a crime.

The copyright infringement wars continue, beyond college students facing ruinous lawsuits from the recording industry or movie studios sending a blizzard of subpoenas to Internet Service Providers seeking the names and addresses of those suspected of using file swapping networks.

With the increasing concentration and combination of entertainment conglomerates, the reflexive need to “control” the medium and means of distribution is gaining a receptive audience in Washington and in the courts, threatening to influence what you can and cannot do with the programming you pay to watch.

The impact is also weighing on innovative new technology from small companies like Aereo and much larger ones like Dish Network that have attempted to launch new services that challenge the conventional ways Americans watch entertainment. The result for all concerned: lawsuits designed to stifle anything the media business perceives as an imminent threat.

Dish Network has a new DVR box that can automatically skip past commercials on selected networks. The satellite company’s new “Hopper” DVR automatically records eight days’ of prime time programming from the four major American broadcast networks, analyzes the programming to find commercials, and allows subscribers to watch the recorded shows “ad-free” just hours after the original broadcast.

Major entertainment moguls immediately denounced the feature as criminal theft.

“If there were no advertising revenues, the free broadcast television model in the United States would collapse,” wrote an alarmed News Corp. (owner of FOX Broadcasting) in its complaint filed in Los Angeles federal court. That network also accuses Dish of violating their contract with FOX and copyright infringement.

“Of course, you know this means war.” — Dish’s new AutoHop feature raises the ire of the entertainment industry.

“This service takes existing network content and modifies it in a manner that is unauthorized and illegal,” CBS said in a prepared statement, echoing earlier statements that have historically argued recording, modifying, or re-purposing broadcast content in any way is automatically a violation of federal law, copyright, or the terms and conditions under which the network makes programming available for viewing.

NBC and ABC filed their own complaints against the technology as well.

Technically speaking, subscribers who pay a cable or satellite provider for television programming are already paying extra for the programming they are watching, negating the usual arguments commercial sponsorship covers the cost of watching “free TV” (that isn’t always free) and skipping commercials is the same as stealing.

Commercial television business models in the United States increasingly rely on “retransmission consent” fees — money paid by your satellite, cable, or phone company to the programmer for permission to carry a channel on their lineup. Virtually all of those fees are passed along to consumers as part of their monthly bill.

Some station owner groups are willing to play extreme hardball to get viewers to pay up -and- win the right to put a piece of tape over their fast forward buttons to keep them from skipping commercials on their stations.

Dallas-based Hoak Media is an example. Viewers in Panama City, Fla. were without WMBB-TV, the Hoak-owned ABC affiliate, on Dish Network for a week. Hoak Media pulled the plug on viewers earlier this month after Hoak demanded a 200% increase in retransmission consent payments and the disabling of Dish’s AutoHop commercial-skipping technology. Thirteen other Hoak stations around the country were also pulled off the satellite TV service.

“WMBB and Hoak don’t respect customer control — they are telling customers they must watch commercials,” Dave Shull, senior vice president of programming for Dish, said in a news release. “Channel skipping has been around since the advent of the remote and we think Hoak has taken an incredibly hostile stance toward their viewers.”

WMBB’s station management appeared caught off guard by their owners back in Dallas. WMBB General Manager Terry Cole admitted he didn’t even know about the AutoHop feature Hoak was demanding be disabled. A week later, the dispute appeared settled and the stations were back on Dish.

Entertainment executives are hopeful their deep pockets and industry partnerships with content distributors will ultimately win the day. They have a few things they can count in their corner.

In 2002, some of the same companies protesting Dish filed suit against ReplayTV, which had its own automated commercial skipping technology. The case dragged its way through the courts, with mounting legal expenses eventually forcing ReplayTV out of business. Problem solved.

The use of deep pockets have also intimidated other innovative ventures such as Aereo, which delivers over-the-air New York City stations online to a paying local subscriber base.

Innovation like that is also a concern to the cable industry, which itself has been around since the 1970s. Developing an online alternative to the local cable company puts cable TV executives in the same position entertainment industry executives live to fear: a threat to the business model that has earned billions in profits. In those terms, some cable operators seem willing to support the entertainment industry, even at the expense of their own customers.

That may explain why Time Warner Cable applied for, and won, their own patent for technology that disables fast-forward functionality on digital video recorders.

“Advertisers may not be willing to pay as much to place advertisements if they know that users may fast forward through the advertisement and thus not receive the desired sales message,” the cable company explains in its patent application. “Content providers may not be willing to grant rights in their content, or may want to charge more, if trick modes are permitted.”

The technology would look for digitally embedded cue tones, which are today used mostly to let local stations and cable operators insert their own local advertising messages on a network feed, to block fast forwarding past those ads.

Time Warner Cable is not likely to implement the technology anytime soon, not if they expect customers to continue to pay well over $10 a month for a recording device that won’t allow them to skip commercials.

Comcast is taking a different approach, considering plans to insert billboard advertising messages that automatically appear on-screen whenever a customer hits their fast-forward button. Broadcasters and networks have no love for that feature either, claiming it changes the programming the consumer recorded and represents… yes, copyright infringement.

Courts will once again have to find a balance between consumers’ home recording rights and the rights of large entertainment and cable companies. With more courts increasingly favorable to the notion of corporate rights enjoying equal prominence with those of citizens, who ultimately wins the right to your fast forward button remains a toss-up.

Time Warner Cable is rolling out a new look to its online program guide and set top box menus after ongoing criticism from customers who found the old look hard to read and software cumbersome to use.

Central New Yorkers woke up this morning to the upgraded look, which the company says now features a sleeker and more modern appearance. It also adjusts the color scheme to make on-screen text easier to read and channels easier to find.

Set top box software is criticized even by cable executives, who call the often-proprietary software outdated and difficult to update and manage. Some cable operators have licensed set top box software from TiVo, while others are switching to an IP-based “web”-like experience that can offer viewers more detail and a customized appearance.

Ultimately, some cable executives would like to see the back of set top boxes altogether, hoping future technology upgrades will let viewers access cable programming and features from hardware built-in to modern televisions.

Time Warner Cable CEO Glenn Britt is among them.

“I hate set-top boxes,” Britt said in a recent interview.

[flv width=”432″ height=”260″]http://www.phillipdampier.com/video/YNN Syracuse Time Warner Cable makes changes to onscreen guide 6-4-12.mp4[/flv]

YNN Central New York reports on the latest update to Time Warner Cable’s Navigator set top box software, unveiled early this morning in the Syracuse area. (1 minute)

An innovative plan to rent New Yorkers a dime-sized over-the-air antenna housed in a Brooklyn data center to receive and stream local broadcasters could be the end of broadcast TV as we know it, at least if you believe the claims being made by network executives in their high-powered lawsuit.

Aereo, which charges $12 a month to an invitation-only customer base, is the target of serious legal action brought by the major broadcast networks and local TV stations that believe Aereo’s disruptive business model could allow cable operators to avoid paying retransmission consent fees for free, over the air television signals.

Aereo only streams local broadcasters in the New York metropolitan area to residents within viewing range of the signals. The company argues it operates legally because of a time-tested, sound legal principle: the Communications Act of 1934, which offers broadcasters a license to use the public airwaves in return for operating in the public interest. Aereo only rents its tiny antennas to one customer at a time, and provides them with streamed video received by that antenna. The company charges a nominal monthly fee to cover the costs of operating its data center and to cover streaming expenses.

The monthly subscription fee grants viewers access to watch one channel while recording another on a cloud-based DVR “storage locker.” Viewers can watch the signals on just about any device, as long as they are located within the New York metropolitan area. Travelers and those who live outside of the area cannot watch programming or subscribe to the service.

The threat to the nation’s pay television operators and broadcasters is obvious. Over the air television broadcasters increasingly rely on so-called “retransmission consent payments” collected from pay television operators in return for permission to place their signals on the cable, telco, or satellite TV dial. Broadcasters bank on that growing revenue. Pay television providers grudgingly agree to the payments and promptly pass them on to already rate-increase-weary subscribers, who want a way out of paying for hundreds of channels they don’t care to watch.

Aereo's over the air antenna is about the size of a dime.

Aereo breaks the business models of both broadcasters and the cable industry. Cord cutters can get reliable and cheap reception of over-the-air stations without dealing with cumbersome in-home antennas (or paying local cable companies for HD-quality local stations and a DVR box). Goodbye $70 cable-TV bill. Broadcasters also lose every time the local pay television company drops a subscriber. Aereo does not pay retransmission consent fees, nor do their subscribers.

But Aereo is not all bad news for pay television providers. If Aereo can survive the legal onslaught from broadcast interests, nothing stops local cable companies from licensing Aereo technology (or constructing their own system) that would bypass retransmission consent fees as well. That could save cable operators millions.

Ridiculous? Not according to Matt Bond, an executive vice-president at Comcast/NBC who told a New York federal court the risk is real.

“It makes little economic sense for cable systems and satellite broadcasters to continue to pay for NBCU content on a per-subscriber basis when, with a relatively modest investment, they can simply modify their operations to mirror Aereo’s ‘individual antenna’ scheme and retransmit, for free, over-the-air local broadcast programming,” Bond said. “I know for a fact that cable companies have already considered such a model.”

Diller

Broadcasters revile Aereo’s disruptive innovation.  Bond called the service “piracy.” Other network executives say it steals their content and resells it at a profit. Some are even predicting the destruction of broadcast television as we know it if Aereo is found to be legal. Virtually every network is on board for the lawsuit, which seeks an immediate injunction that would shut the service down.

Barry Diller, a veteran broadcast executive, has invested in Aereo and calls the broadcasters’ fears rubbish.

“It’s not the beginning of the destruction of anybody,” Diller told New York Magazine. “TV wasn’t the destruction of the movie business. Television wasn’t the destruction of radio. Cable wasn’t the destruction of broadcast networks. What happens is new alternatives come, and they live alongside whatever existed.”

“You have an antenna that has your name on it, figuratively … and it’s one-to-one. It is not a network,” Diller told members of the Senate Commerce Committee during a recent hearing. “It is a platform for you to simply receive, over the Internet, broadcast signals that are free and to record them and use them on any device that you like.”

Aereo is not a pioneer in the video streaming of over the air signals. iCraveTV launched in 1999 streaming broadcast stations from Buffalo, N.Y. and Ontario, Canada from its home base in Toronto. Broadcasters filed suit and quickly shut the service down. ivi-TV tried a similar venture in 2011 and was also shut down. Even companies experimenting with IPTV technology have run into trouble with some networks that feel threatened by a possible precedent that could be mistakenly established, starting a flood of similar services.

To date, only services that agree to broadcaster sanctions (Slingbox) or who have retransmission consent contracts with providers (such as the cable industry’s TV Everywhere project) have survived, but all have limitations imposed on their functionality that reduce their usefulness to consumers.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Aereo TV Demo May 2012.flv[/flv]

Aereo TV was demonstrated by the company CEO Chet Kanojia at the New York Tech Meetup May 9.  (21 minutes)