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New Revelations About Comcast’s Role in Killing Hulu Sale Raise Doubts Regulators Can Trust Company

Phillip Dampier April 21, 2015 Comcast/Xfinity, Competition, Consumer News, Online Video, Public Policy & Gov't Comments Off on New Revelations About Comcast’s Role in Killing Hulu Sale Raise Doubts Regulators Can Trust Company

sun valleyDespite a firm commitment with the Justice Department not to be involved in the day-to-day management of Hulu as a condition of approving Comcast’s merger with NBC/Universal, new revelations suggest Comcast not only promoted the online video service to its partners as a nationwide streaming platform for the cable industry, it also convinced them not to sell the service to a Comcast competitor.

Two years ago, at the 2013 Allen & Co., conference held in the resort community of Sun Valley, Idaho, executives from Walt Disney/ABC, 21st Century Fox, and Comcast privately met to discuss the future of Hulu, the online video service. Hulu’s chief executive, Jason Kilar, had already made it clear he was preparing to leave the venture, possibly foreseeing a likely sale because of ongoing differences between two of Hulu’s three owners over the future direction of the service.

Rupert Murdoch’s FOX wanted Hulu to emphasize Hulu+, its subscription option. Disney/ABC believed Hulu worked best as a free, ad-supported service. Comcast was supposed to stay out of it, required by the Justice Department to be a perpetual silent partner after the cable company inherited a 32% stake in Hulu through its merger with NBC/Universal in 2011.

But a Wall Street Journal report late Tuesday suggested Comcast had far more involvement in critical Hulu business decisions than the Justice Department might have tolerated had it known. Earlier reports over the weekend suggested regulators were focusing on Comcast’s involvement in Hulu, concerned Comcast may have ignored a consent decree and interfered with the sale of Hulu to protect itself from increased competition.

At the time Comcast acquired NBC/Universal, the Justice Department was concerned the cable company would inherit NBC’s one-third interest in Hulu, a potential online video competitor that could eventually fuel cord-cutting. Comcast agreed to “relinquish any veto right or other right to influence, control, or participate in the governance or management of Hulu.” It also agreed to license Comcast/NBC-owned content to Comcast’s competitors on fair terms.

Despite Comcast’s commitment, people familiar with the matter told the Journal Comcast “felt hamstrung” by the conditions it agreed to in the consent decree. Although Comcast spokeswoman Sena Fitzmaurice insisted “Comcast has no role in making, evaluating or reconsidering any management decisions at Hulu,” Comcast executives in attendance at the Sun Valley meetup suggested Hulu was an important part of the cable industry’s future. The “silent partner” allegedly told Hulu’s fellow owners if they didn’t sell the venture, Comcast would make Hulu the nationwide streaming video platform for the industry’s “TV Everywhere” project, turning it into a potential major rival of Netflix.

Comcast acquired a 32% ownership interest in Hulu after buying NBC/Universal.

Comcast acquired a 32% ownership interest in Hulu after buying NBC/Universal.

According to sources who had knowledge of the matter, Comcast’s proposal, which would enlarge Hulu significantly almost overnight, influenced Disney and Fox to cancel the sale by the end of the week-long conference. At that point, two of the biggest bidders to acquire Hulu were Comcast rivals DirecTV and AT&T, both seeking to develop online video platforms that could compete with Comcast.

As news spread the Hulu sale was off, a piece in GigaOm made it clear Comcast came away the biggest winner, keeping a potential competing online cable TV video platform at bay:

Buying Hulu would have been more than just a TV Everywhere play for AT&T and DirecTV. It could have been the first step towards an online-based pay-TV subscription, with a solid consumer base, name recognition and proven technology.

Now none of this is going to happen — and Comcast couldn’t be happier about that.

Ultimately, Comcast wasn’t much better fulfilling promises to its Hulu partners than it has managed for its customers. Despite promising to market Hulu to millions of Comcast cable subscribers and integrating the service into Comcast’s own systems, discussions surrounding a formal agreement between the two went nowhere, bogged down by a deal-killing Comcast demand that any viewer accessing Hulu be redirected through Comcast’s own video player and platform, which conveniently provided the cable company with Hulu customer data and gave free exposure to Comcast’s brand. That would make pitching Hulu as an alternative to Comcast next to impossible.

After the threat of a sale was a distant memory, Comcast seemed to lose interest in Hulu, refocusing on its expensive X1 set-top box and XFINITY-branded streaming apps.

To this day, Comcast’s X1 still does not offer subscribers a Hulu app.

Comcast’s Streampix and Verizon’s Redbox Instant Gasping for Air; Netflix Killers They Are Not

Phillip Dampier September 30, 2014 Comcast/Xfinity, Competition, Consumer News, Online Video, Verizon, Video Comments Off on Comcast’s Streampix and Verizon’s Redbox Instant Gasping for Air; Netflix Killers They Are Not
Rumors abound of the imminent death of Redbox Instant.

Rumors abound of the imminent death of Redbox Instant.

Comcast’s Streampix and Verizon’s Redbox Instant have not lived up to the expectations of their respective owners and the two Netflix-like services have quietly been partly decommissioned or have stopped accepting new customers altogether.

Loathe to admit the services are roadkill on the TV Everywhere highway, Comcast claims it is simply downsizing its Streampix service and Verizon issued a terse “no comment” to GigaOm’s Janko Roettgers in response to rumors Redbox Instant would begin shutting down for existing customers on Oct. 1.

But truth be told, neither service made a competitive dent in Netflix, either because they were poorly marketed or found no audience. Comcast denies it is even trying to compete against Netflix. But it did admit in a regulatory filing Streampix found very few takers at its $4.99/month asking price.

“Though Comcast sought to create excitement around Streampix by offering the online version through a unique online site and app, and offered Streampix to a small number of XFINITY broadband-only customers in one region, these attracted minimal interest,” Comcast wrote.

Streampix will be a shadow of its former self, continuing on mostly in name-only.

“Going forward, Streampix will simply be part of the XFINITY TV app and website like other video-on-demand offerings,” said Comcast in the filing. The Google Play and Apple App stores seem to confirm as much when customers looking for the Streampix app instead find: “Streampix has moved to XFINITY TV Go. Comcast customers with Streampix should download XFINITY TV Go to view Streampix content.”

Comcast launched Streampix in February 2012 as a streaming-only offering, but added download capability in late 2013.

When customers balked at paying Comcast another $5 a month for the streaming add-on, Comcast began giving it away to customers who subscribed to multiple premium channels or high value triple play packages as part of ongoing promotions.

Comcast's XFINITY Streampix admittedly didn't draw much interest from customers.

Comcast’s XFINITY Streampix admittedly didn’t draw much interest from customers.

Critics of Comcast’s merger with Time Warner Cable suspect Comcast’s real intention was to launch the service to markets outside of its service area to compete for premium over-the-top video customers without cannibalizing its cable television revenue. With the merger under scrutiny at the state and federal levels, some suspect Streampix’s public demotion is a maneuver to protect the deal from a potential political liability over Comcast’s growing dominance in the cable and broadband business.

The troubles with Verizon’s Redbox Instant service go well beyond the realm of public policy debates. Since launching in mid-2013, the service has attracted only minor interest from the public. Critics contend a marketing deal with Redbox was wrong from the start. Redbox’s success comes from renting DVDs from kiosks, not competing with Netflix. Verizon hoped a promotional tie-in offering online viewers up to four free DVD rentals a month from Redbox kiosks would bring the two services closer together. Redbox Instant also rented current movie titles on a pay-per-view basis, and hoped it could convince kiosk users disappointed with out of stock DVDs or otherwise poor pickings to go online and stream a pay-per-view video instead.

But customers would have to be psychic looking for something to stream – Redbox does not publish online movie availability on its kiosk-service website. Unsurprisingly, kiosk users have stayed loyal to renting movies through the kiosk and online viewers usually won’t bother renting a DVD from a kiosk, even with a voucher.

Free trials of Redbox Instant service brought an underwhelming number of customers converting to paid subscriptions. That might be attributed to the heavy overlap of titles available from Redbox Instant and competitors Netflix and Amazon.com, making three services redundant for many. Although Redbox’s parent has invested $70 million in the service, it is dwarfed by the massive content acquisition budgets available to its larger competitors.

It would take a larger subscriber base to change that for the better, but Redbox Instant seems intent on sabotaging its success, still refusing to enroll new customers three months after a security breach. It seems Redbox Instant’s website was an excellent resource for credit card thieves to verify if stolen card numbers were still valid. Current customers are still able to use the service, but reportedly cannot update or change their credit card information, meaning they will lose service if their credit card expires or the credit card number changes.

no new users

A notice on Redbox Instant’s website prevents new users from enrolling.

Company executives have told investors they are not happy with Redbox Instant’s subscriber numbers. Not allowing new customers to sign up while gradually losing old ones because of an expired credit card could go a long way to explain this. Redbox’s parent company previously warned it has the right to pull out of the venture if the numbers don’t improve, and they won’t if the website remains locked down.

When Roettgers asked Redbox and Verizon to comment on a reddit rumor that the service was to close down on Oct. 1, the only reply was “no comment.” Roettgers believes that is telling, because no company would want such a false rumor to spread unchallenged. With Oct. 1 less than 24-hours away, we won’t have long to wait to see what happens next.

Roettgers would not be surprised to see Redbox Instant downsize itself with an end to its subscription video plan and move forward exclusively as a paid, video-on-demand service. It already powers Verizon’s On Demand video store. Having a traditional television partner like Verizon FiOS TV could help Redbox survive in an already crowded marketplace of online, on-demand video stores like iTunes, Google Play, Vudu, Amazon, and others.

In a larger context, the industry’s belief in “if we build it, they will come,” appears to be untrue, especially cable and telephone company efforts developing their TV Everywhere platforms. Content and viewing limitations that confine online viewing largely to the home, a barrage of online video advertising, subscription fees, and the lack of quality content have all hurt efforts to deliver a good user experience that can promote customer loyalty. Nothing now or on the horizon appears to be anything like a Netflix-killer app.

[flv]http://www.phillipdampier.com/video/Bloomberg Bibb Says Comcast Has Little Confidence in Streampix 2-21-12.mp4[/flv]

Two years ago, Porter Bibb, managing partner at Mediatech Capital Partners, panned the then-new XFINITY Streampix service for streaming the same television shows and movies customers can already see on Netflix and other services. From Bloomberg Television’s “Bloomberg West,” originally aired Feb. 21, 2012. (4:30)

Comcast Gobbledygook: “We Don’t Have Data Caps, We Have Data Thresholds”

Phillip Dampier April 3, 2014 Comcast/Xfinity, Data Caps, Editorial & Site News, Public Policy & Gov't 1 Comment
The Plain English Campaign's Golden Bull Award is given to companies that prefer gobbledygook over plain English.

The Plain English Campaign’s Golden Bull Award is given to companies that prefer gobbledygook over plain English.

Comcast is outraged by slanderous suggestions it has data caps on its broadband service.

In response to the scathing report from the Writers Guild of America that pleads for the FCC to block the merger of Comcast and Time Warner Cable, Comcast has accused to WGA of getting its facts wrong and being nothing more than a meddling union.

The WGA writes in their filing with the FCC:

The WGAW has also joined Public Knowledge in asking the FCC to enforce the condition that Comcast not use “caps, tiers, metering, or other usage-based pricing” to treat affiliated network traffic differently from unaffiliated traffic. Comcast has violated this condition by exempting its online video service, Xfinity Streampix, from its own data caps, while the viewing of content by other, unaffiliated video services such as Netflix or YouTube would count against a user’s data cap. The violation of this merger condition is a clear threat to competition from online video distributors, and the FCC should respond by requiring Comcast to stop exempting its Streampix service from data caps.

Comcast pounced on the WGA filing, calling it inaccurate.

Comcast-Logo“We don’t have data caps — and haven’t for about two years,” said Sena Fitzmaurice, Comcast’s vice president of government communications. “We have tested data thresholds where very heavy customers can buy more if they want more — but that only affects a very small percentage of our customers in a few markets.”

Until 2012, Comcast had a uniform usage cap of 250GB a month, above which a customer risked having their broadband service suspended. In 2013, the usage allowances were back, reset at 300GB a month and rolled out to a series of expanding “test markets” that today include Huntsville and Mobile, Ala., Atlanta, Augusta and Savannah, Ga., Central Kentucky, Maine, Jackson, Miss., Knoxville and Memphis, Tenn., and Charleston, S.C.

nonsenseCustomers who exceed this allowance won’t have their broadband service suspended, they will just get a higher bill, as Comcast charges $10 for each additional 50GB of usage.

In contrast, Time Warner Cable neither has a data cap or a data threshold. Stop the Cap! made sure that didn’t happen when Time Warner attempted to impose its own usage limits back in 2009. We successfully organized protests sufficient to get Time Warner executives to back off and shelve the idea. If Comcast takes over, Time Warner Cable customers will likely eventually face Comcast’s “data thresholds,” which are a distinction without much difference. Whatever you call it, it’s a limit on how much a customer can use Comcast’s already-expensive broadband service before bad things happen.

The WGA and Comcast get along about as well as oil and water, so the back and forth is to be expected. The Writer’s Guild also fiercely opposed Comcast’s merger with NBCUniversal. But when it comes to who is playing fast and loose with the truth, it isn’t the group that writes for a living. Comcast’s doublespeak about data caps is no better than calling The Great Recession a periodic equity retreat. It isn’t fooling anyone.

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