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Attack on Your ‘Fast Forward’ Button by Copyright ‘Enforcers’

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.

Competition Breather: Verizon FiOS Rate Hikes Ease Pressure on Cablevision, TWC

Phillip Dampier June 20, 2012 Broadband Speed, Cablevision (see Altice USA), Comcast/Xfinity, Competition, Consumer News, Verizon Comments Off on Competition Breather: Verizon FiOS Rate Hikes Ease Pressure on Cablevision, TWC

Verizon customers can expect to pay more for the company’s fiber to the home service, FiOS, even as promised higher speeds arrive.

Most customers off contract can expect to pay $10-15 more a month under the new pricing regime, or cut back on selected television channels to keep their price the same. Verizon customers currently on a promotional offer will not see any price changes until their promotion expires.

Wall Street analysts call Verizon’s rate hikes a return to “pricing rationality.” The phone company has engaged in years of aggressive pricing, promotions, and rebate offers, especially in the northeast. At one point, Verizon was offering New York-area customers up to $500 in rebates when signing up for a triple play Verizon FiOS package. As Verizon pulls back from aggressive promotions, some analysts predict cable competitors Time Warner Cable and Cablevision will be able to resume more typical rate increases common before Verizon FiOS launched. Cablevision previously announced it would not increase rates during 2012, mostly in response to Verizon’s aggressive pricing.

Verizon has significantly boosted speeds on most of its broadband offerings, with the exception of its standard entry-level 15/5Mbps package, which remains unchanged. Verizon is hoping customers will find that entry level package less and less attractive and be amenable to upgrading to faster speed service at a higher price.

“We’re expecting that 80 percent of customers will want more than 15 megabits per second,” Arturo Picicci, Verizon’s director of product management told Reuters.

Under Verizon’s new pricing, triple play customers with unlimited calling, 15/5Mbps broadband, and 290 television channels pay $109.99. The next step up, for $15 more a month, would upgrade broadband to 50/25Mbps service.

Verizon is also shaming New York area cable operators with speed increases that Time Warner and Cablevision currently cannot match.

The company’s 150/65Mbps service is now priced at $99.99 a month, down from $209.99. Customers in some areas can also sign up for 300/65Mbps service for as low as $204.99 with a two-year contract.

In contrast, Comcast charges $200 a month for 105Mbps, Cablevision prices its 101Mbps service at $104.95 a month.

Verizon Leaves Ailing Elderly N.Y. Couple Without Phone Service for Three Weeks

Phillip Dampier June 20, 2012 Consumer News, Public Policy & Gov't, Verizon Comments Off on Verizon Leaves Ailing Elderly N.Y. Couple Without Phone Service for Three Weeks

An 85-year-old woman with dementia and her ailing 90-year-old husband in Rockaway were left without telephone service for three weeks because Verizon could not contact them on their out-of-service phone line.

The couple’s daughter, Rita Burgess, made at least 13 calls to Verizon Communications trying to get the couple’s phone line back up and running, but to no avail. A Verizon spokesperson later told the New York Daily News the company couldn’t get the line repaired because they couldn’t call the couple… on the phone line that was out of service.

“You people put me through hell,” Burgess thought after Verizon finally reached out to get the phone line repaired.

By then it was too late. Burgess took matters into her own hands and switched the family to Time Warner Cable’s phone service.

The incident has turned into a cause célèbre for consumer advocates, who claim Verizon continues to neglect its landline network in favor of its limited fiber optic FiOS service. New York consumer groups want the state to more aggressively regulate Verizon’s landline network to make certain extended outages like this cannot happen.

Burgess, who lives on Long Island, found herself cut off from her parents at a time when her father was hospitalized. Both father and daughter were unable to reach Mrs. Burgess, who requires regular attention because of dementia.

Bob Master, legislative and political director for the Communications Workers of America, told the Daily News the couple’s ordeal is not unique.

“They’re diverting resources from basic phone services,” Master said of Verizon. “That’s the business model, to divert resources to the most lucrative areas.”

Verizon counters the union is in dispute with the phone company over stalled contract negotiations and points to a 2012 first quarter report from the state Public Service Commission showing Verizon is meeting standards for reliability and repair times.

But Verizon has also lost half of its landline customers in New York State, which could also account for a declining number of complaints.

The Burgess family has decided to stick with Time Warner Cable for phone service.

Court Invalidates Existing Cable Franchise Agreements in Texas; TWC ‘Unshackled’

Time Warner Cable and other Texas cable operators are now free from their obligations to Texas towns and cities after winning a victory by default in the U.S. Supreme Court that invalidates local cable franchise agreements across the state.

By refusing the hear a case filed by the Texas Public Utility Commission, the court let stand a lower court ruling that found Texas franchise laws discriminated against cable operators by holding them to local agreements its competitors never had to sign.

At the behest of AT&T, in 2005 the Texas state legislature passed a statewide franchise law that would allow the phone company to apply at the state level for permission to operate its U-verse cable system anywhere in Texas. But the law also compelled incumbent cable operators to remain committed to their existing local franchise agreements until they expired.

The Texas Cable Association, a statewide cable lobbying group, and Time Warner Cable filed suit in federal court challenging the law, winning their case when it reached a federal appears court in New Orleans. The appeals court judge ruled the Texas law discriminated against “a small and identifiable number of cable providers.”

Under the court’s ruling, Time Warner and other cable operators are free to tear up their franchise agreements in cities like Irving, Dallas, and Corpus Christi. In practical terms, the court ruling could allow cable operators to stop supporting local public, educational, and government access channels, reduce franchise fee payments to local communities, and stop providing discounted service to public institutions.

The “statewide video franchise” is a concept heavily pushed by both AT&T and Verizon because it reduces the number of communities phone companies have to negotiate with to provide video service. It also allows company lobbyists to specifically target a handful of state officials that end up with the responsibility of monitoring cable systems in the state. That is much easier to manage than dealing with dozens, if not hundreds, of individual community governments to win permission to serve different areas on different terms.

Unfortunately, critics contend the agreements remove local control and oversight of cable operations, and also cuts into franchise fee payments to local communities, because many states routinely keep up to half of all franchise fees for state government coffers.

The cable operators involved in the case did not blame the state for the provision in the law that kept them “hobbled” under their pre-existing local franchise agreements. Their court papers instead put the blame at the feet of lobbyists for AT&T, which they say has continued to heavily lobby officials to enact policies that disadvantage cable companies like Time Warner Cable in Texas.

Justice Department Launches Antitrust Investigation Into Data Caps

Holder

The Justice Department has been quietly conducting a wide reaching investigation into whether cable operators are using Internet Overcharging schemes like usage caps and metered billing to squash online video competition, according to a report in this morning’s Wall Street Journal.

The Antitrust Division has spoken to major online video providers like Netflix and Hulu as well as cable operators, including Time Warner Cable and Comcast.

At issue are data caps — limits on how much a subscriber can use their broadband account.  Justice officials are exploring whether major broadband providers like Comcast and AT&T are using usage limits to protect their video businesses from cord-cutting — canceling a cable subscription to watch shows online.

Providers of online video like Netflix are particularly concerned about operators showing favoritism to their own video platforms. Comcast, for example, exempts partnered content from its usage allowance while continuing to count Netflix viewing against its cap. Comcast’s Xbox “free pass” is attracting particular attention in the Justice probe, in part because it could violate the merger agreement with NBC-Universal which requires the company to not discriminate against third party video content.

Some cable operators claim usage caps protect their networks from heavy users overwhelming their facilities. Comcast claimed its decision not to count Xbox video traffic against the operator’s monthly usage cap was fair because the video content did not travel across the Internet. Now the company has temporarily suspended  usage caps altogether in preparation for testing a new usage limit that also carries overlimit penalty fees.

Federal Communications Chairman Julius Genachowski last month publicly announced his support for usage limits and metered billing, describing both as innovative and enabling customer choice. The Justice Department probe would indicate otherwise, because it suggests customers are finding their options increasingly limited, possibly in violation of federal antitrust laws.

The Justice Department is also investigating the industry’s TV Everywhere project, which provides access to cable network online video exclusively to those with an existing cable television package. Most cable networks specifically prohibit online streaming of their live content, which itself might run afoul of antitrust rules.

The Journal notes Attorney General Eric Holder on Tuesday suggested he would like to be a cord-cutter himself, picking and choosing only the channels he wants to watch. At a recent Senate hearing, Sen. Al Franken (D-Minn.) said cable bills were “out of control” and consumers want alternative options to watch shows online. Holder responded, “I would be one of those consumers.”

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