Cablevision subscribers: Just two months after facing the loss of HGTV and the Food Network, get ready to lose WABC-TV — the ABC affiliate in New York, just hours before the Oscars telecast is set to begin.

Cablevision’s contract with Disney-owned WABC-TV will expire March 7th, and both sides have not reached an agreement.

The dispute centers around retransmission rights fees.  Currently, WABC permits Cablevision to carry its channel on their lineup for free.  But now the station wants to be paid.  WABC claims Cablevision earns $18 million a month from its broadcast basic lineup of mostly-local channels, and it’s time to share a portion of that with the station.

Cablevision has so far not agreed to the asking price.

“Cablevision’s position is that ABC7 is worth little to nothing to its business and its proposed offers have been consistently unreasonable and unrealistic,” said Rebecca Campbell, president and general manager of WABC-TV. “We think these shows are valuable, and your bill shows that Cablevision must agree since you already pay for ABC7 as part of your Broadcast Basic Tier – a service for which, as a Cablevision customer, you pay as much as $18 each month.  Cablevision charges you for ABC7 and then keeps all the money.”

WABC has started a website to educate customers how to drop Cablevision and switch to a competitor such as Verizon FiOS, or get access to the station over-the-air.

Cablevision fired back accusing ABC of asking consumers to pay a TV tax amounting to $40 million that would have to be passed onto subscribers in another rate increase.

“It is not fair for ABC-Disney to hold Cablevision customers hostage by forcing them to pay what amounts to a new TV tax,” said Charles Schueler, Cablevision executive vice president.

Both sides indicate negotiations are continuing, and some compromise may still be reached before the deadline.

[flv width=”600″ height=”356″]http://www.phillipdampier.com/video/WABC New York Cablevision viewers may lose Channel 7 on cable service 3-2-2010.flv[/flv]

WABC-TV is running this 30-second ad telling viewers about the dispute with Cablevision, along with stories on their newscasts. (4 minutes)

Oregon's telephone company service areas

Frontier Communications has won approval to assume control of telephone lines serving 310,000 Oregonians.

The Oregon Public Utilities Commission Friday unanimously approved the transfer of service from Verizon to Frontier as part of a 14-state transaction.

“First and foremost we want to ensure that customers are not harmed by this transaction.  That’s why we are requiring more than 50 conditions, all aimed at making sure customers are not harmed by this sale,” Chairman Lee Beyer said. “In addition, we are requiring Frontier Communications to spend $25 million on expanding high-speed internet access to its Oregon customers by July 2013.”

In return for approval, Frontier agreed to PUC demands for customer service protections:

• A commitment that Frontier spend at least $25 million to expand high-speed broadband in Oregon by July 2013;
• No changes in “commission-regulated” retail service plans for at least three years;
• Costs of the transition must not be paid by customers in the form of rate increases;
• 90-day window to change long distance carrier without any fees;
• An independent audit, paid for by Verizon, to ensure Frontier can handle service for those customers affected by the deal;
• An opt-out provision letting Oregon’s FiOS subscribers terminate their contracts without penalty if Frontier reduces Internet speeds or drops any of its television channels.

What is missing from Oregon’s agreement?

• A prohibition of Internet Overcharging schemes like Frontier’s 5 gigabyte “acceptable use” policy that potentially limits customer’s broadband use.  Expanded broadband that customers can only use for basic web browsing and e-mail, without fear of exceeding the limit, indefinitely punishes rural Oregonians with no broadband alternatives;
• A specific definition of what constitutes “broadband” speeds.  Frontier can continue to deliver the 1-3 Mbps it routinely provides to its less urban service areas.  While better than nothing, Oregon regulators could have used the deal as leverage to win 21st century broadband speeds from Frontier, not yesterday’s ‘barely broadband;’
• Fines and penalties that will punish a provider that does not invest appropriately in high service standards to provide quality service, and a trigger to permit automatic cancellation of operating certificates should Frontier go bankrupt.

Too many of these deals offer upsides for Wall Street and little benefit to consumers, especially those dependent on their landline phone company for basic communications services.  By forcing requirements that prove costly for a provider to renege on, investors will understand their gains will only happen when they are assured Frontier is doing right by their customers, as well as their shareholders.

Oregon is the sixth state to approve the sale.

Frontier currently serves only 12,000 customers in the state, mostly in southwest Oregon, including the communities of Azalea, Canyonville, Cave Junction, Days Creek, Glendale, Myrtle Creek, O’Brien, Riddle, Selma, and Wolf Creek.

The company’s new customers will come mostly from Washington County, east Multnomah County, and from several pockets of customers in the northwestern part of the state.  Oregon’s largest telephone provider is Qwest Communications, but the state has numerous smaller independent providers as well.

Verizon Communications has made its intentions clear — would-be broadband customers in its service area who are off the FiOS footprint can pound salt.  The Federal Communications Commission issues regular reports on broadband services and their adoption by consumers across the United States.  In the latest report, published this month, customers in Verizon’s current or former service areas who are not being served by Verizon FiOS are behind the broadband 8-ball, waiting for the arrival of DSL service from a company that has diverted most of its time, money, and attention on deploying its fiber-to-the-home service for the big city folks.

One might think the worst DSL availability in the country would be in rural states like Alaska, or territories like Guam, or income-challenged Mississippi.  No, the bottom of the barrel can be found in northern New England and the mid-Atlantic states — largely the current or former domain of Verizon:

Percentage of Residential End-User Premises with Access to High-Speed Services by State
(Connections over 200 kbps in at least one direction)

Source: FCC High-Speed Services for Internet Access: Table 19

Some might argue that DSL penetration ignores Verizon’s fiber upgrades, but does it?

Providers of High-Speed Connections by Fiber by State as of December 31, 2008
(Connections over 200 kbps in at least one direction)

Source: FCC High-Speed Services for Internet Access: Table 20

A survey of the rest of the country calls out Verizon’s inattentiveness to DSL expansion in its remaining service areas not covered by FiOS.

For example: Alabama, Idaho, Montana, and Oklahoma all enjoy 80 percent DSL availability.  Utah and Nevada achieved 90 percent coverage.  Even mountainous Wyoming, the least populous state in the country, provides 78 percent of its state’s customers with the choice of getting DSL service.  Yet New York manages only one point higher among its telephone companies, largely because of enormous service gaps upstate.

What happened?  By 2002 Verizon began to realize their future depended on moving beyond providing landline service.  The company began to divert most of its resources to a grand plan to deliver fiber connections to residences in larger markets in its service areas.  While great news for those who live there, those that don’t discovered they’ve been left behind by Verizon.  Northern New England got flushed by Verizon altogether — sold to the revenue-challenged FairPoint Communications who assumed control of Verizon’s problems and managed to make them worse.

The argument that rural broadband is “too expensive” doesn’t fly when looking at DSL availability in the expansive mountain west or rural desert regions.  Compact states like Vermont, New Hampshire, and Maryland are far easier to wire than North Dakota, New Mexico or even Texas with its large rural areas (87, 87, and 81 percent coverage, respectively).  Verizon simply doesn’t realize the kind of Return on Investment it seeks from FiOS customers — a dollar amount investors want to see.

Of course, that’s the argument Frontier Communications, and FairPoint behind it, made to regulators in sweeping promises to deliver better broadband service.  FairPoint missed its targets and declared bankruptcy.  Frontier is still in the “promises, promises” stage of its deal to take over millions of rural customers currently served by Verizon.

Time Warner Cable this week announced it signed up its’ nine-millionth Road Runner customer, making the company the third largest Internet Service Provider in the United States.

Broadband service continues to grab an increasing share of business for the nation’s cable operators, even as they continue to lose video subscribers.  During the last quarter of 2009, Time Warner lost 105,000 video subscribers  but added 120,000 residential high-speed Internet subscriptions.

Nine million subscribers paying even a promotional rate of $30 a month earns the company $270 million dollars a month — $3.24 billion dollars a year.

Hobbs

“This is a great milestone for Time Warner Cable, and it further proves that our customers enjoy the speed and content our HSD products deliver, as well as the value seen when bundling this service with our video and phone offerings,” said Landel Hobbs, COO of Time Warner Cable. “High Speed Data continues to be a growing part of our business and we look to keep adding new features and further enhance speeds as we move through 2010.”

The company claims it has not lost a significant amount of business to its most-feared potential competitor, Verizon’s fiber to the home network FiOS.  But the company is installing DOCSIS 3 upgrades to increase speeds in markets where FiOS competes for broadband customers.  Cable industry experts suggest broadband is becoming a mature industry, and growth from customers new to the high speed experience are fewer in number.  A strong percentage of new Time Warner Cable broadband customers come from landline customers defecting from relatively slower DSL service from phone companies.

As interest in high bandwidth applications like streaming video increase, DSL service can prove a frustrating experience for those stuck with lower speeds.  Despite claims by some phone companies that consumers don’t care about broadband speed, Time Warner Cable will offer increased speed tiers and upgrades in most of its competitive markets in 2010 based on the assumption many customers do.

HBO Go is currently only available directly to Verizon FiOS customers. Comcast customers have access through Fancast, and Time Warner Cable indicated it wasn't interested in participating in HBO Go, for now.

HBO subscribers who are also Verizon FiOS TV customers are the first to get access to the premium channel’s new online video portal — HBO Go, launched Wednesday with over 600 hours of HBO programming, available free to authenticated HBO and FiOS subscribers.

HBO Go is another project spawned from the cable and pay television industry’s TV Everywhere project — putting television programming online for anytime viewing, for free, as long as you maintain a cable or pay television subscription.

Ironically, the service launched Wednesday on Verizon’s telco-TV service FiOS, leaving lots of cable subscribers waiting for access.  If you subscribe to HBO through cable, satellite, or U-verse, the service remains unavailable to you, for now.  Comcast subscribers already had access to HBO’s programming through the Fancast Xfinity TV website.  If you don’t pay for television, the service remains unavailable to you indefinitely — they won’t sell it to you at any price.

“Ultimately this is about extending the subscriber lifecycle,” HBO co-president Eric Kessler said. “It’s more about subscriber retention.”

Subscriber retention through incumbent providers, he means.  HBO doesn’t want to risk selling direct to online consumers who might want to cut ties with their cable or other pay television provider.

Stop the Cap! reader Jared has FiOS and HBO and let us sample the service through his FiOS connection (his 25Mbps/25Mbps connection with remote access maxed out our Road Runner Turbo connection and still left him plenty of leftover speed).

Let’s start with the viewing experience.

It’s a big improvement over HBO’s Wisconsin trial in 2008 with Time Warner Cable, which required viewers to download Windows Media-encoded video files protected with Microsoft’s annoying digital rights management scheme.  It was cumbersome for trial participants, and dealing with Microsoft’s player and DRM cut Mac owners out of the trial.

HBO Go is Flash-based, using Adobe’s Real-Time Messaging Protocol to keep viewers from saving permanent copies for themselves (and potentially their friends.)  Using Verizon FiOS, viewers should rarely encounter any artifacts or speed-related viewing problems.  The picture was fine, even for me using remote access software. Of course, if your Internet connection is considerably slower than FiOS or your neighborhood suffers from online congestion, you could experience issues streaming HD content, but HBO Go is designed to buffer when encountering slower connections.  The files are encoded in MPEG-4 at 1.2Mbps and 2.6Mbps, which theoretically should be fine for the majority of viewers.  Comcast subscribers – remember watching counts against your usage cap.

Wandering around the HBO Go library was simple  — easier to navigate and less cluttered than Hulu.  The site was intuitive and should be easy to use for just about everyone.

Up to three members of your household can each watch programming from the service at the same time, even away from home, anywhere in the country.

HBO Go claims to be a work in progress — about 25% of the content will be refreshed by HBO every week, with new episodes available on the service immediately following their TV premiere.

But the service hardly offers a comprehensive viewing experience.  It’s much closer to Hulu or your cable company’s HBO on Demand service.

For example, rights issues limit virtually all of HBO’s original series to a handful of recent episodes or seasons.  Only The Wire has a complete library to watch from its premiere forward.  Curb Your Enthusiasm, aptly named when considering HBO Go, is missing completely.  So is Real Time with Bill Maher, although four of his earlier specials are archived on the site.

As for movies, there are gaping holes there as well.  Available titles resemble Cinemax’s selection of movies you’ve already seen.  There are gaps between what you can watch on HBO itself and what is available on HBO Go.  Babe is online, for instance, but anything Harry Potter isn’t.

In other words, what could have been a compelling addition for HBO subscribers feels redundant.  I would never pay anything extra for HBO Go, nor will it be a factor in keeping HBO.

Online viewers need not apply.

HBO could have used the opportunity to sell the service to non-cable subscribers for a monthly fee and pick up some additional revenue, but that wouldn’t sit well with the pay television cartel that is behind the TV Everywhere concept.  They don’t want you cord cutting — those that have are locked out of the HBO Go Clubhouse.  For now, I suspect few were clamoring to get in.