The FCC’s UHF TV Diet Plan: Slimming Down the Free TV Dial to Make Room for Expensive Wireless Broadband

By the end of this month, the Federal Communications Commission will vote on proposed rules governing a planned 2014 auction that will allow over the air TV stations to surrender their “free TV” channels in return for money from the nation’s wireless phone companies looking for more mobile broadband spectrum.

The Commission is considering reallocating UHF TV channels 31-51 for mobile data, compacting the nation’s over the air TV stations onto VHF channels 2-13 and UHF channels 14-30. But the FCC also expects many stations, particularly smaller independent or specialty channels in large cities, will be happier surrendering their broadcast TV licenses in return for cash compensation.

If the five FCC commissioners approve the plan, it will be the largest spectrum auction since 2008, and could earn the U.S. treasury billions, tempered by payouts to television stations agreeing to shut down their transmitters, and to compensate remaining stations for the cost of moving operations to a new channel number, when necessary.

“To ensure ongoing innovation in mobile broadband, we must pursue several strategies vigorously: freeing up more spectrum for both licensed use and for unlicensed services like Wi-Fi; driving faster speeds, greater capacity, and ubiquitous mobile Internet coverage; and taking additional steps to ensure that our invisible infrastructure for mobile innovation can meet the needs of the 21st century,” the agency’s chairman, Julius Genachowski, said in a statement.

The controversial auction would compensate broadcasters even before the FCC knows exactly how much spectrum it will eventually have available to auction to wireless carriers. Nobody is sure how many stations will ultimately choose to abandon their over-the-air audiences, but an FCC report predicts the largest number of station losses would be in large metropolitan areas, which often have more than a dozen stations devoted to infomercials/home shopping, ethnic shows, religious programming, and independent network affiliates. The FCC suspects some of these lower-rated stations will see the money as a strong incentive to surrender their broadcast licenses.

Genachowski

The FCC considered several spectrum-saving proposals that would free up as much channel space as possible to resell to wireless operators. One proposal would have full power broadcast outlets switch to low-powered cellular-style transmitter networks to reduce the potential interference on an increasingly crowded dial. But that proved unpopular and expensive for broadcasters. Instead, the FCC predicts stations could effectively share channels and still retain HD service. For example, a local CBS station could agree to surrender its license and broadcast instead over the transmitting facilities of the local NBC station, splitting one station’s allocated channel bandwidth in half. Other stations will be relocated on the dial or moved to different transmitter sites to reduce potential interference from stations in nearby cities.

Stations that do not require an HD service could share space with those serving several standard definition channels to the public. These are typically public, educational, or ethnic-oriented broadcasters.

As a consequence, the FCC says many stations might have to give up on their “multicast” standard definition secondary services — the 24 hour local weather or news channel, Me-TV, This TV, Retro TV, Antenna TV, and Bounce, for example, because there would be insufficient bandwidth when two services sharing one channel are transmitting in HD.

The FCC does not believe stations would mind too much, quoting from RBR/TVBR:

“So far, nobody’s been able to figure out what can go on a digital side channel and pay for its own presence there. Mostly it’s been used as a revenue-neutral or money-losing place to put 24-hour weather… Nobody watches these things in strong enough numbers to generate any advertising revenue.”

But the FCC did recognize that certain viewers in fringe reception zones could experience a loss of service — one that could be addressed by subsidizing improved antennas for homeowners or requiring cable or satellite operators to develop a “lifeline” television service consisting of local broadcasters, either for free or at a minimal monthly cost.

Some consumer groups worry that any forthcoming spectrum auction would be dominated by Verizon Wireless and AT&T — the nation’s two largest carriers, who could easily outbid smaller cell phone companies also clamoring for spectrum. During the last auction in 2008, which netted nearly $20 billion, Verizon Wireless walked away with the bulk of the spectrum on offer. Without auction rules setting aside significant spectrum for smaller competitors, both dominant carriers could lock up one of the last spectrum auctions for the next 5-10 years, cementing their de facto duopoly.

The FCC is considering reworking its market concentration rules before the bidding begins, which could constrain Verizon and AT&T from bidding and winning the bulk of available frequencies in the cities where they dominate.

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FCC Chairman Julius Genachowski talks about rising demand for mobile broadband access and the outlook for spectrum auctions to free up more airwaves. He speaks with Cory Johnson on Bloomberg Television’s “Bloomberg West.”  (7 minutes)

Corporations like AT&T may not be visible on television during the Republican and Democratic National Conventions, but they are throwing lavish parties and shaking hands behind the scenes. They’ll get their money’s worth later.

Behind the scenes at both the Republican and Democratic National Conventions, AT&T is throwing secretive parties, handing out “schwag bags,” and engaging in a legal form of influence peddling to buy themselves goodwill with the eventual election winners.

The Republican National Convention held a week ago in Tampa, Fla. featured lavish, invitation-only parties for politicians attending the convention, sponsored quietly by AT&T.

AT&T went over the top at the Republican event, handing out goodie bags with stuffed elephants emblazoned with the company’s logo, convention pins, and other handouts designed to keep their name front and center with GOP movers and shakers. Tampa Bay Online found the phone company rented out one upscale, popular Tampa restaurant for the entire week, throwing expensive private parties for various state delegations.

The restaurant: Jackson’s Bistro, which locked the doors and turned its back on local regulars for the benefit of GOP high-rollers.

The sponsor: After digging, it turns out the money to rent the upscale eatery came from AT&T, but you wouldn’t know it from the restaurant owner and staff, which have been told to keep their mouths shut about who was paying for supper.

The sneaky: AT&T discovered it could easily navigate around loophole-ridden campaign finance laws which limit corporate-sponsored dinners, but have nothing much to say about “cocktail events.” So as long as diners are standing up while they munch, shake hands, and chat, it’s a-okay.

The mission: To get face time and establish goodwill with political movers and shakers. Feed them, toss them some AT&T flair, and let them know you will be calling on them soon. But no need to overdo it: AT&T can do more talking later… after the politicians get elected and the time is right to get the company’s agenda into the law books.

Keenan Steiner from the non-profit Sunlight Foundation says “this is where the seeds are planted for laws to be written in Washington and in state capitols all over the country.” He notes how important it is for both political parties to have the overwhelming corporate presence that most Americans never understand exists at both conventions:

The significance is, they wouldn’t be here, able to have a good time the whole time, without these corporations. It’s a sort of starting process to become dependent on these corporations. And in Washington, lawmakers require the about 100 lobbyists, over 20 lobbying firms that AT&T hires—they require the work of these folks to get their work done. They’re a sort of legislative subsidy. And they also require these corporations to get re-elected. They want to stay in office, and you better be friends with the Chamber of Commerce, with the NRA, with the big nonprofit groups, the shadowy nonprofit groups, that you really better be friends with them, because, if not, they could drop a lot of money in your district, and they could make you lose an election.

The Sunlight Foundation is tracking corporate money used to break bread and hand out cocktails to your lawmakers.

The Sunlight Foundation reports AT&T has been tilting toward the GOP: The contributions from AT&T’s PAC, employees and their family members to federal candidates total about $3 million for the 2012 cycle, with about two-thirds of the money going to Republican federal officeholders and candidates. Sunlight’s Political Party Time website helps break down where AT&T spends even more money wining and dining legislators.

The Michigan Republican delegation threw its kickoff party there Saturday night, which featured top state lawmakers. Guests at the event went home with a stuffed elephant with an AT&T logo, the Detroit News reported. AT&T also sponsored an Illinois delegation event there on Tuesday afternoon. The Chicago Sun-Times reported that the telecom giant is sponsoring the event, and events lists showed that the Illinois delegates was at Jackson’s that afternoon.

At this week’s Democratic National Convention at the Time Warner Cable Arena in Charlotte, N.C., AT&T’s Death Star logo isn’t hard to spot either.

Amidst the goodie bags and handouts from Indian tribes trying to secure lucrative casino laws, big pharmaceutical companies asking for special favors, and giant energy companies was once again: AT&T.

AT&T’s stuffed GOP elephant. (Democracy Now)

On Tuesday, Rep. Debbie Wasserman Schultz (D-Fla.), Democratic national chairwoman, lectured the Republicans about the influence of special interest cash at the Republican National Convention. She referred to the GOP affair as “last week’s special-interest funded, corporate-infused, backroom-deals, smoke-filled room, invitation-only affair that was held in my home state.”

Only the breakfast event where she made the remarks was bought and paid for by AT&T.

AT&T does not splurge on upscale dining for Democrats though. The party that largely opposed AT&T’s merger deal with T-Mobile and often supports Net Neutrality is making due with a far-smaller AT&T hospitality suite serving scrambled eggs and bagels at the inelegant Airport DoubleTree Inn, quite a step down from the Caramelized Diver Scallops and Red Snapper on the menu for the corporate-friendly GOP.

AT&T’s pervasive presence at the Charlotte convention is also upsetting union workers, who turned out in large numbers at the convention. Unionized employees are still fighting with AT&T for a new contract. Already uncomfortable in a state where union workers are virtually an endangered species (to add insult, unions were booked in non-unionized hotels), many were unprepared to feast at AT&T’s breakfast buffet.

“This is one breakfast I won’t be eating,” William Henderson, the president of Local 1298 of the Communications Workers of America told the CT Mirror. “I won’t eat their stuff.”

Only he didn’t say “stuff.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/William Henderson Boycotts ATT Breakfast.flv[/flv]

William Henderson, president of a Connecticut chapter of the Communications Workers of America, stands outside leafleting an AT&T-sponsored breakfast in Charlotte, N.C., displaying a bumper sticker: “AT&T=Greed.”  (1 minute)

What should a good union worker with a gripe against AT&T do instead?  Leaflet the event, to the great potential embarrassment of AT&T officials and Connecticut Democratic lawmakers holding a union grievance brochure in one hand and an AT&T coffee cup in the other.

The room eventually quieted down to listen to former Connecticut Sen. Chris Dodd make remarks… on behalf of the Motion Picture Association of America, who he now represents.

Despite the Snapper-Gap between the two political parties, you cannot miss AT&T in Charlotte. Although convention spokespeople officially refer to corporate sponsors as “providers,” AT&T’s corporate logo is “provided” on every last lanyard handed to delegates and journalists, right next to Barack Obama’s campaign logo.

In case you forgot to charge your cell phone, two AT&T officials are permanently on hand at a table near the entrance to the event offering free battery boosters. But don’t worry, they’ll get paid back for that goodwill later.

[flv width=”448″ height=”276″]http://www.phillipdampier.com/video/Party Time RNC Cash.flv[/flv]

Democracy Now talks with Sunlight Foundation’s Keenan Steiner who shares the secrets of corporate cash at the Republican National Convention in Tampa.  (18 minutes)

Maitreyi Krishnaswamy, Verizon’s head of FiOS TV admits she practically never watches live television — she records everything on her DVR first.

Krishnaswamy has been responsible for many of the interactive video services offered on Verizon’s FiOS TV platform, including on-screen apps, the media program guide, and how customers connect various devices to the FiOS television experience.

Now she’s directing Verizon’s consumer video services — deciding which channels make the lineup on FiOS TV and the networks available for streaming to mobile devices.

Krishnaswamy told the Tampa Tribune she recognizes the way Americans watch television has changed over the past few years, and she admits it has led to the “growing” trend of customers’ cord-cutting their cable TV subscriptions in favor of online viewing.

Krishnaswamy

“The question is: Is it growing enough for us? For us, it’s a matter of cord-cutters versus cord-shavers — people who switch to smaller tiers,” Krishnaswamy said. “Is the migration to a-la-carte enough that we can go that route? It has a way more important impact that just on them. It impacts how we negotiate TV contracts with studios. It’s not something we can do overnight, but definitely something we’ve been looking at.”

Verizon has made it clear it intends to compete for customers regardless of how they watch television, but Krishnaswamy signals the company is also considering protecting their core video business model, and would only say Verizon had no announcements to make “just as yet” regarding an Internet Overcharging scheme including usage caps and overlimit fees. Critics of data caps argue that limiting broadband usage prevents customers from taking their viewing experience online because it threatens consuming the majority of their monthly data use allowance.

But Verizon does not mind offering customers a TV Everywhere experience — streaming video content over its broadband network, so long as a customer also subscribes to its TV package. The company already offers live streaming television of many channels on its lineup and wants to bolster that with on demand content. Verizon also is experimenting with non-traditional set top boxes, and although Krishnaswamy had nothing to say about supporting the forthcoming Apple TV, she is actively working on improving how Verizon’s television service works away from the traditional company-provided set top box.

Some highlights:

• Verizon’s partnership with Redbox will let the company offer a new streaming and DVD rental service for customers, regardless of whether they live in a Verizon FiOS area or not. Customers will be able to access the service over mobile broadband, Wi-Fi, or any home broadband connection;
• Verizon will introduce an online viewing app for forthcoming versions of Amazon’s Kindle;
• The company has thus far only managed to secure streaming rights for in-home viewing and has run into difficulty getting content providers to let customers watch shows while on the go;
• Google Fiber is “interesting,” but Krishnaswamy doesn’t believe they are “a real operator” when only offering service in one city. She thinks the project is a good idea, however, because it forces competing providers “to increase your speed;”
• Verizon is considering simplifying its family of apps to reduce customer confusion. They currently have different apps for home security, home media, the remote control, and the program guide. Verizon wants its MyFiOS app to become a “super-app” that manages everything.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/TVnext Interview – Maitreyi Krishnaswamy Verizon FIOS 1-28-11.m4v[/flv]

Back in 2011, Maitreyi Krishnaswamy explained her thinking about where Verizon FiOS was taking the TV experience. Many of these applications have since been released, but Verizon — like most providers — still runs into brick walls with content providers getting licensing to allow more flexible viewing of content.  (12 minutes)

Earlier this year, Bell Canada announced a blockbuster $3.38 billion offer to buy Astral Media, Inc. It is just the latest rush towards media concentration in Canada as the country’s largest cable and phone companies acquire a growing number of television networks, cable services, radio and broadcast television outlets, magazines, and other media.

Bell Canada already owns CTV – a major broadcast network, and TSN sports. Now it is back for more — Astral Media, the company that owns HBO Canada, The Movie Network, Family, Viewers Choice and lots more.

If this deal wins approval, one company will control 37.6% of TV viewing in Canada, more than twice the amount of its largest competitor. It means Bell will be able to set rates for some of Canada’s most popular cable networks and shows — putting competitors at a major disadvantage and forcing you to pay more to watch.

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Say No to Bell’s ad campaign fighting Bell Canada’s attempt to buy Astral Media.  (1 minute)

The federal government has to approve this deal, and a growing number of competing media companies, consumer groups, and politicians are coming together to oppose it.

Stop the Cap! believes Bell Canada owns too much already, and has repeatedly demonstrated that when it flexes its marketplace muscle, consumers pay more for less service. Add your voice against this deal by submitting a letter to Canada’s Ministers of Heritage and Industry, the Competition Bureau, the CRTC and your Member of Parliament and visiting the other opposition websites noted below.

No company needs to own and control 79 TV channels, 107 radio stations and more than 100 major Canadian news, entertainment, and cultural websites.

Even smaller Canadian cable companies fear this deal. Cogeco Cable, Eastlink, and Quebecor (parent company of Vidéotron), have joined forces to launch saynotobell.ca, a website to help consumers fight back. Quebec-based consumer group Option consommateurs has its own online petition in French, and Openmedia’s Stop the Takeover Coalition includes a range of pro-consumer forces opposed to the deal:

• OpenMedia.ca
• the Public Interest Advocacy Centre (PIAC)
• the Canadian Internet Policy and Public Interest Clinic (CIPPIC)
• Canada Without Poverty and the CWP Advocacy Network,
• the Canadian Media Guild (which represents over 6,000 media workers, including those from CBC, Reuters, the Canadian Press, and Shaw Media),
• the Consumers’ Association of Canada,
• the Council of Canadians (Canada’s largest citizens’ group),
• the Council of Senior Citizens’ Organizations of British Columbia (COSCO),
• Union des consommateurs.

Some of the arguments against the deal to consider:

• Bell Canada’s TV audience share would be 50% greater than the share of any TV network in the US, Japan, UK, Australia, France, and Russia. It would allow one corporation to control the programming (including news) on a scale not seen outside of countries like Italy, Brazil, and Mexico. When politicians have that much control of the media, they use it to influence viewers. Would Bell do any different?
• Bell can set the rates, terms, and bundling requirements for popular cable programming and services. They have already shown a willingness to tell independent ISPs they must set usage limits on their customers just as Bell does already. What would stop them from insisting you subscribe to more services in order to watch the programming you want?
• Mergers=job losses and cost cutting to pay for inflated bonuses and “cost savings” to help finance these blockbuster deals. Without competition, original Canadian productions can be slashed to the bone or canceled altogether. Why deliver quality when you can limit viewers’ alternative choices instead?
• America allowed media consolidation in radio and television and turned vibrant local stations into corporate money-machines at the expense of local news, original shows, and local content. How many radio stations in the United States now operate like automated electronic jukeboxes? How many local TV newscasts signed off for good to “save money.” Can Canadian local news, weather, and informational programming survive Bell’s ax? If it happened in the United States, it can happen in Canada too.

Ensure diversity by disconnecting this Bell deal permanently, and tell your elected leaders to stop allowing endless media consolidation.

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The Globe and Mail considers the issue of Bell’s takeover bid for Astral Media. How will it affect Canadian consumers? (2 minutes)

Sprint has launched a new ad series and accompanying web site to warn consumers that choosing Verizon’s new Share Everything data plans can give you a big headache and a higher monthly bill.

“The concept of sharing a monthly data allowance across a family or group of users increases the likelihood for a surprise monthly bill due to data overage charges,” said Caralene Robinson, vice president of brand strategy and marketing communications for Sprint. “Data usage continues to increase and consumers value Truly Unlimited data because it’s simple and straightforward.”

Sprint argues that customers have enough trouble differentiating the usage of the applications they run themselves. When sharing a data plan with other members of a family, it can quickly become impossible to know exactly who is consuming what. That makes it easy to exceed a monthly usage allowance, which results in costly overlimit fees. Tracking usage and the inevitable arguments that will result at the dinner table make Verizon’s new share plans a real headache in Sprint’s view.

Sprint proposes that customers switch to their Truly Unlimited data plan, which has no limits and also costs less than Verizon’s shared data plan. Sprint also continues to sell budget plans that offer a calling allowance in return for a reduced price. Verizon now only sells unlimited voice minutes bundled into their Share Everything plans.

Unlike most carriers who boast customers can send millions of e-mails or visit hundreds of thousands of web pages with a low allowance data plan, Sprint explains what a 1GB limit really means when customers use increasingly popular streaming services and apps. It turns out Verizon’s 1GB allowance plan does not deliver that much.

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Sprint launches its “Say No To Sharing” and “Say Yes To Sprint” campaign with this “Family Meeting” ad, which shows a family debating how to divide up their shared data plan and avoid overlimit fees.  (1 minute)