Time Warner Cable subscribers are at reduced risk of losing access to Disney owned channels like ESPN, Disney and local television stations in several major cities now that the two companies are close to an agreement.  But, as usual, regardless of whether Time Warner Cable whittles down Disney’s demands or Disney secures dramatically higher pricing for its cable channels, one thing is certain: Time Warner Cable subscribers will ultimately lose, facing higher cable bills in 2011.

AT&T U-verse customers: your nail-biting has just begun, as AT&T sends home postcards announcing the potential loss of the Hallmark Channel and its companion the Hallmark Movie Channel.  AT&T’s contract expired at 12:01 AM this morning, but Hallmark said it was willing to keep the signals running on U-verse while negotiations continued.

Ultimately, it’s all about who gets a bigger piece of your money.  Be it local broadcasters, cable networks, or programming conglomerates who can darken a dozen channels on your basic cable lineup, all say the cable industry is enriching itself on subscriber fees and all these networks are asking for is a bigger share of the pie.  The cable industry says cable programming fees are the most significant part of rate increases, as the industry is unwilling to absorb most of the programming rate hikes.  Cable wants to continue its healthy returns, so programming rate hikes come out of your pocket, not theirs.

Sometimes the amounts involved come down to pocket change, other times several dollars a month can be involved.

For example, Disney-owned ESPN is typically the most expensive basic cable channels in the lineup.

SNL Kagan, a cable research firm, estimates Disney charges Time Warner $4.08 a month per subscriber to carry ESPN.  The costs are high because ESPN competes with major broadcast networks to secure increasingly expensive television rights to major sporting events.  ESPN’s early days were filled with coverage of volleyball, log-rolling, and billiard sports.  The rights to air these events were affordable.  But with the benefit of increased programming fees, the cable network successfully bid for professional football and other popular sports.  The more money ESPN charges, the more money they can use in bidding wars to secure television rights.

With most cable networks charging closer to 20 cents a month per subscriber, what ESPN charges (and demands) for contract renewals can, all by itself, trigger rate increases.

AT&T and Hallmark are currently arguing over an increase in subscriber fees that currently run around just four cents per month per subscriber.  AT&T argues it doesn’t want to pay the percentage increase Hallmark is demanding, even if it amounts to pennies per month.

ESPN’s rate increase demands often exceed 50 cents, if not higher.

This year a new issue enters the debate — online video programming fees. Disney wants to generate income from a whole new tier of sports programming – that streamed online to Time Warner Cable customers.  The sticking point in Time Warner Cable and Disney’s negotiations seems to hinge on the cable company ponying up for ESPN3, an online network.  The concept of cable operators paying programming fees for online content is highly controversial, especially when broadband customers could face ever-increasing broadband bills blamed on the same “increased programming costs” that have taken basic cable packages from under $20 a month in the 1980s to over $60 a month today.

ESPN3 reportedly wants 10 cents a month from every Time Warner Cable broadband customer, regardless if they have the slightest interest in watching ESPN3.  Some in the cable industry fear once this precedent is set, other cable programmers with online shows could start demanding payments for those as well.

While Time Warner Cable continues to resist, other major cable companies like Comcast Corp., Cox Communications Inc., Charter Communications and phone companies AT&T, Frontier, and Verizon Communications have ESPN3.com agreements with Disney.  Nearly all have also boosted their broadband prices for consumers as well.

Despite assurances from Time Warner Cable’s Roll Over or Get Tough website, the cable industry typically caves in on programming fee increases, often agreeing to split the difference.  Since they simply pass those increases along to consumers, it doesn’t impact their bottom line until customers start canceling cable service.

Subscribers on Time Warner Cable’s blog keep coming up with an innovative idea to solve these problems — allow subscribers to pick and choose (and pay for) only the channels they want to receive.  That novel a-la-carte concept invokes fear in the cable industry like garlic repels vampires.

In the end, even if Disney and Time Warner Cable can’t reach an agreement, should screens darken September 2nd, watch in amazement as a deal is achieved hours after the disruption in programming begins.  Then, just a few months later, the accompanying rate hike will surely follow.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WESH Orlando FL Will Bright House Customers Lose ESPN 8-26-10.flv[/flv]

WESH-TV in Orlando notes Bright House cable customers are also potentially affected because Time Warner Cable negotiates on behalf of that cable company, which has a major presence in central Florida.  (1 minute)

What a great way to introduce U-verse to Chattanooga — headline news that an AT&T technician pepper-sprayed three dogs owned by a Chattanooga woman with a repellent known to be stronger than police pepper spray.

The nightmare for Janelle Lawrence began last week when an AT&T technician came on her property unannounced and began working in her fenced-in yard.

Janelle greeted the technician and asked him if her dogs, who were sharing her yard with the AT&T employee bothered him.

“He said not anymore.  I pepper sprayed them,” Janelle told WRCB, a Chattanooga television station.

She also noticed her dogs reeling in pain.

“My pug had pepper spray all over her body and was having trouble breathing and it got all over my arms and I started burning,” Lawrence says.

Lawrence says the technician was rude to her and refused to show her I.D. or a work order.

She recorded his truck number off the back of his work truck and called the main office demanding to know why he was there when she doesn’t subscribe to any of the company’s services.

AT&T told WRCB they didn’t need Janelle’s permission to enter her property or spray her pets.

AT&T issued a statement to the station:

“An AT&T technician has been working on this street all week for this week’s U-verse launch in Chattanooga. This AT&T technician needed access to the easement area on this fenced-in property, which is in a public right of way.”

Janelle remains deeply upset at AT&T and the employee, who appears not to be suffering any ill-effects to his job from the incident.

“You can do something to me and I’ll take it all day, but if you touch my little angels,” Lawrence says that’s where she draws the line.

The pepper spray incident took a considerable amount of shine off AT&T’s U-verse launch event, particularly for potential customers who are also pet owners like Stop the Cap! reader Sam who pointed this incident out to us.

“The same quick-drawing AT&T technician that attacked this poor woman’s pets could be aiming for yours or mine next,” he writes. “As long as this guy is still employed by AT&T, I wouldn’t have U-verse in my house even if they gave it to me for free.”

As far as Sam as concerned, AT&T pepper sprays their customers with high bills and bad service on a daily basis anyway.

“These guys have no shame buying their way into Tennessee with another one of those statewide deregulation bills that brought lots of campaign cash for supporters and very little for consumers,” Sam writes. “I signed up for EPB Fiber service, which is owned by the city, costs me less than either the cable or phone company, and delivers real fiber optic service right to my house.”

Sam also notes the guy who installed it loved his two dogs and cat.

[flv]http://www.phillipdampier.com/video/WRCB Chattanooga Chatt woman ATT pepper sprayed my dogs 7-27-10.flv[/flv]

WRCB-TV was the only station in Chattanooga to spend more than a few seconds on U-verse’s introduction in the city this week, but it wasn’t the kind of PR AT&T was exactly hoping for.  [Warning-Content may upset sensitive viewers.]  (2 minutes)

All this during an underwhelming launch week for AT&T’s U-verse in the River City, which garnered almost no attention in the local broadcast media, except for the pepper spraying incident.  The local newspaper put the story in its Business section.

Chattanooga residents now enjoy a fifth choice for several traditional services offered by cable or satellite:

• Comcast — incumbent cable operator
• EPB — municipally owned power utility and fiber-to-the-home provider
• AT&T — U-verse brings better speeds and service than traditional DSL from the phone company
• DirecTV — Satellite TV
• DISH — Satellite TV

The biggest savings residents will find from Comcast and AT&T comes when bouncing back and forth between new customer promotions.  Or you can just stick with EPB, which seems to offer the same prices for new and old customers.  For broadband customers, EPB delivers (by far) the fastest Internet speeds — up to 100Mbps upstream and downstream.  Comcast comes in at second place, and AT&T U-verse tops out at around 24Mbps if you are lucky.

Once promotional pricing from Comcast and AT&T expire, savings are highly elusive.  Price comparisons are extremely difficult because of channel line-ups, bundled equipment, and different Internet speed tiers and phone calling plans.  Making the best choice means sitting down and exploring channel lineups, HD channel tiers, how much broadband speed you require, and what kind of phone service you want, if any.

Most of the triple-play bundled promotions including standard cable, Internet and phone service will run between $119-139 a month before taxes, fees, and equipment costs.  If you sign a contract, Comcast will throw in a free iPod Touch.  Providers will keep your package price-increase-free for the length of any contract you sign.  That could be important, because AT&T and Comcast have been increasing their rates at least annually.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT U-verse Launch Event Chattanooga.flv[/flv]

Raw video from the Chattanooga Times Free Press captured the launch party for AT&T U-verse in the city.  (34 seconds)

McCormick - An AT&T Friend for Life

While AT&T was patting itself on the back for its wonderfulness, AT&T took special care to extend personal credit to Rep. Gerald McCormick (R-Hamilton County) for shepherding the Competitive Cable and Video Services Act of 2008 through the Tennessee General Assembly.  It helped deregulate the telecommunications industry in Tennessee and de-fang oversight agencies tasked with protecting consumer interests.  The result has been a myriad of customer service nightmares for Tennessee residents, particularly for those who are with AT&T and have faced repeatedly inaccurate bills and terrible customer service.

McCormick was right there in the press release to help celebrate the achievement:

“As Tennessee policymakers, our goal was to increase investment throughout the state and give consumers more choices and innovative new services, and I’m honored to help AT&T celebrate this launch,” Rep. McCormick said.

AT&T invested $180,000 in Tennessee lawmakers like McCormick to do the right thing by AT&T and pass the bill.  The Chattanooga Times Free Press delivered a breakdown in April 2009 summing up the spending as AT&T pushed forward its bill:

State Election Registry records show AT&T’s PAC gave almost $180,000 to candidates, usually incumbents, as well as PACs operated by legislative leaders and caucuses and parties in the two-year 2008 campaign cycle.

The PAC, funded by top executives, gave $2,000 to Lt. Gov. Ron Ramsey, R-Blountville, the Senate speaker, records show. The PAC gave another $8,000 to Mr. Ramsey’s leadership PAC, known as RAAMPAC, according to records.

The AT&T PAC contributed $5,000 to then-House Speaker Jimmy Naifeh, D-Covington, and another $4,000 went to Mr. Naifeh’s leadership PAC, the Speaker’s Fund, records show.

Rep. Gerald McCormick, R-Chattanooga, who is sponsoring the AT&T-backed deregulation bill, reported receiving $1,250 from AT&T’s PAC in 2007, records show.

“I don’t know how much money I’ve gotten from them,” Rep. McCormick said Tuesday. It is “up to each individual legislator whether they let that kind of thing influence them. I would hope that nobody would. I certainly don’t. I don’t need the campaign money that bad, to be honest with you.”

Janelle Lawrence and her beloved pets enjoyed none of this AT&T largesse — just the literal sting of the results.

Tim Conway's "Old Man" character from the Carol Burnett Show would be right at home using the Internet in these areas.

Nick Saint at the Business Insider has been sifting through some of the raw data released last week by the Federal Communications Commission regarding broadband service in the United States.  He’s managed to identify the 10 worst counties in America for broadband service based on statistics from 2008.  But two of those probably should have never been on the list.  More on that later.

Harrison County, Mississippi — A single pond in Harrison County is the only known habitat of the critically endangered dusky gopher frog.  It doesn’t have broadband, and neither do most of the residents of this beleaguered part of southern Mississippi.  The cities of Gulfport and Biloxi are in Harrison County, an area torn up by hurricanes from Camille to Katrina.  Now, the beaches are coated in BP oil.  Harrison County can’t get a break. Cable One and AT&T are the primary providers.  Cable One’s dreadful service only reaches well-populated areas and AT&T has taken its sweet time expanding DSL service in the area.

Imperial County, California — The nation’s lettuce basket, Imperial County communities live on a very low fiber-optic diet.  While the soil is rich for crops, the people who plant and harvest them are not.  El Centro, the biggest city, has some broadband available, but with the city having the nation’s highest unemployment rate (27.3 percent), many can’t afford it.  Once in farm country, cable doesn’t offer service and DSL is hard to come by.

Corson County, South Dakota — Representative of the pervasive problem of broadband unavailability on Native American lands, a large part of Corson County includes the Standing Rock Indian Reservation.  Saint notes the FCC found just 12.5 percent of Native Americans subscribe to broadband service, compared to 56 percent of the rest of us.

Ector County, Texas — Odessa’s hometown America-charm was put on display for all to see on NBC’s Friday Night Lights, which celebrated small town high school football.  The reality is less exciting.  Like Harrison County, Ector residents are stuck with Cable One, which loves Internet Overcharging schemes and spied on its Alabama broadband customers.  Good ole AT&T grudgingly provided DSL, if you could get it, until mid-2009 when U-verse finally started to show up.  Now large parts of the county outside of Odessa can’t get that either.

San Juan, Puerto Rico — Usually considered an afterthought by American telecommunications companies, Puerto Rico has long suffered with low quality service.  Caribbean Net News: “Puerto Rico’s broadband penetration rate is unacceptable, with less than 40% of households subscribing to broadband services”, said Carlo Marazzi, President of Critical Hub Networks. “While there are many factors at play, broadband in Puerto Rico is simply too expensive and too slow, when compared to the rest of the nation.  Broadband Internet service in Puerto Rico is 60% more expensive and 78% slower than the United States national median. In a report published this year by the Communication Workers of America (CWA) which ranked broadband speeds in the 50 states, Puerto Rico and the District of Columbia, Puerto Rico was ranked in last place (52nd place).

Jasper County, Missouri — Saint noted 18 percent of Jasper County lives below the poverty line, which is not exactly attractive to broadband investment.  Jasper County’s broadband needs are barely met by a cable provider, AT&T, and for some, an electric utility operating a Wireless ISP, providing service where cable and DSL don’t go.  For Jasper County residents, the challenge can be cost as much as access.

Appomattox County, Virginia — Every student known Appomattox was the last stand of Confederate leader Robert E. Lee during the Civil War.  Today, residents there are worked to their last nerve because they can’t easily obtain high speed Internet.  There is no DSL service from the phone company and only limited cable service.  But at least the county is trying.  Let’s let John Spencer, assistant county administrator, tell you in his own words what Appomattox County is doing to deliver broadband for its 14,000 residents:

Bristol Bay Borough, Alaska — The epitome of rural America, large swaths of Alaska are dependent on subsidies paid from the Universal Service Fund for basic telephone service.  Outside of large cities, cable television is a theory.  Telephone company DSL service and wireless are the predominate broadband technologies in rural, expansive Alaska.  For many areas, both are awful.  Bristol Bay Borough is known as the “Red Salmon Capital of the World,” if only because there are far more salmon than there are fishermen to catch them.  Internet access for many of the area’s 953 residents means a trip to the Martin Monsen Library, which offers free Wi-Fi for limited access. If you want Internet at home, it will cost you plenty:

AT&T: 'If you don't do what we say, we're taking U-verse away!'

AT&T is threatening to pick up its toys and go home if the Federal Communications Commission tries to bring back its oversight powers over broadband.

CEO Randall Stephenson threw a major hissyfit in the pages of the Wall Street Journal, annoyed the company doesn’t have free rein to do whatever it wants.

“I’m a 3-2 vote away from the next guy coming in and [trying to regulate us], [and] I take it away,” Stephenson said, referring to it’s U-verse IPTV service.

AT&T has threatened to cut spending on U-verse deployment if AT&T faces regulations like Net Neutrality in its broadband business.

“If this Title 2 regulation looks imminent, we have to re-evaluate whether we put shovels in the ground,” Stephenson said, claiming the company planned to spend a “couple billion” dollars a year on the service… until now.

But AT&T has already cut spending on U-verse, slashing $2 billion in U-verse investments in 2009 alone — news trumpeted to shareholders.  Additionally, AT&T has laid off thousands of employees.  In short, the threats the company made this week have already come to pass… more than a year ago.

Many analysts claim AT&T is bluffing.  Like most landline providers, AT&T is losing traditional phone customers who are disconnecting their wired phone lines.  Its wireless division has been pummeled for inadequate 3G coverage, poor customer service, and lousy reception in many areas.  AT&T can’t afford -not- to upgrade their services if they wish to retain customers.

The cable television industry certainly hopes AT&T isn’t bluffing.  They are enjoying AT&T’s disconnect business as customers dump inadequate DSL service and overpriced phone lines for cable-provided alternatives.