Shrinking Competition

1854_gold_dollar_obvI bet that the average person thinks that telecom competition is increasing in the country. There are so many news releases talking about new and faster broadband that people probably thinks broadband is getting better everywhere. The news releases might mention Google Fiber or talk about 4G or 5G data and infer that competition is increasing in most places across the country. But I travel a lot and I am pretty certain that in most markets broadband competition is shrinking.

There are a few places getting new fiber. Google has built a few cities. CenturyLink has woken up from the long sleep of Quest and is building some fiber in some markets. And there are a handful of municipalities and other companies building fiber in some markets. This is bringing faster broadband to some cities, or more accurately to some neighborhoods in some cities since almost nobody is building fiber to an entire metro market. But it’s hard to say that this fiber is bringing price competition. Google has priced their gigabit fiber at $70 per month and everybody else is charging the same or more. And these big bandwidth products are only intended for the top third of the market – they are cherry picking products. Cities that are getting fiber are mostly not seeing price competition, particularly for the bottom 2/3 of the market.

But in most markets in the US the cable companies have won the broadband battle. I’ve seen a surveys from a few markets that show that DSL penetration is as low as 10% – and even then at the lower speeds and prices in most markets – and the cable companies serve everybody else.

It seems the two biggest telcos are headed down the path to eventually get out of the landline business. Verizon stopped building new FiOS and has now sold off some significant chunks of FiOS customers. It’s not hard to imagine that the day will come over the next decade when they will just quietly bow out of the landline business. It’s clear when reading their annual report that the landline business is nothing more than an afterthought for them. I’ve read rumors that AT&T is considering getting out of the U-Verse business. And they’ve made it clear that they want completely out of the copper business in most markets. And so you are also likely to see them start slipping out of the wireline business over time.

I can’t tell you how many people I meet who are convinced that wireless cellular data is already a competitor of landline data. It is not a competitor for many reasons. One primary reason is physics; for a wireless network in a metropolitan area to be able to deliver the kind of bandwidth that can be delivered on landlines would require fiber up and down every street to feed the many required cell sites. But it’s also never going to be a competitor due to the draconian pricing structure of cellular data. It’s not hard to find families who download more than a 100 gigabits during a month and with Verizon or AT&T wireless that much usage would probably cost $1,000 per month. Those two GIANT companies are counting on landline-based WiFi everywhere to give their products a free ride and they do not envision cellular data supplanting landlines.

Broadband customer service from the large companies has gone to hell. The large cable companies and telcos are among the worst at customer service when measured against all industries. This might be the best evidence of the lack of competition – because the big carriers don’t feel like they have to spend the money to be good. Most customers have very few options but to buy from one of the behemoths.

We were supposed to heading towards a world where the big telcos built fiber and got into the cable business to provide a true competitor to the cable companies. A decade ago the common consensus was that the competition between AT&T and Time Warner and between Verizon and Comcast was going to keep prices low, improve customer service, and offer real choices for people. But that has never materialized.

Instead what we have are the cable companies dominating landline broadband and the two largest telcos controlling the wireless business. Other competition at this point is not much more than a nuisance to both sets of companies. We see prices on broadband rising while broadband speeds in non-competitive markets are stagnating. And, most unbelievable to me, we’ve seen the US population replace a $25/month landline that sufficed for the family with cellphones that cost $50 or more for each family member. I can’t recall anybody predicting that years ago. It kind of makes a shambles of fifty years worth of severe telephone regulation that used to fight against telcos raising rates a dollar or two.

So I contend that overall competition in the country is shrinking, and if Verizon and AT&T get out of the landline business it will almost disappear in most markets. Even where we are seeing gigabit networks, the competition is with speed and not with price. People are paying more for telecom products than we did years ago, and price increases are outstripping inflation. Make no mistake – if I could get a gigabit connection I would buy it – but giving the upper end of the market the ability to spend more without giving the whole market the option to spend less is not competition – it’s cherry picking.

Cable Banking on WiFI

Wi-FiI’ve been reading a lot lately about the massive effort that cable companies are putting into expanding their WiFi networks. It’s estimated that Comcast and Cablevision together now have almost 9 million public hotspots, most of which come from dual routers in subscribers homes that provide a hotspot link along with the subscriber’s link. There are about another 1.5 million hotspots deployed by Cox, Time Warner and Bright House.

At this point nobody is quite sure how the cable companies are going to monetize this business. Several years ago some standards were developed by the Wi-Fi Alliance to create interoperability between WiFi networks and cellular networks. The idea was to allow cellular companies to offload overflow cellular traffic onto commercial WiFi networks when their cell sites get too busy.

But there are still changes needed in the industry for this to take place. First, a lot more phones need to be enabled to make calls on WiFi, a feature that is now included on the IPhone, but which few people have enabled. Probably the most important thing still lacking is the brains in the networks that will allow easy WiFi roaming so that a call or data transmission can be handed from one WiFi hotspot to another without needing a new verification and login and without restarting a given transmission. Until WiFi roams smoothly you won’t be able to continue a WiFi voice call without being cut off every time you change to a new hotspot. This might not be solved until the whole cellular network moves into the cloud using software defined networking so that the brains that are behind the handoffs of cellular calls can be applied to other types of connections.

But in high traffic areas where there is a lot of foot traffic, WiFi certainly can relieve the data traffic on cellular networks. But are the cellular companies really willing to pay for this? Already today WiFi is carrying a lot of data for cellular-enabled devices for free (to the cellular companies). Adobe published statistics recently that show that 93% of data on tablets and 43% of data on smartphones is carried by WiFi. But one would have to think that the vast majority of this is done in people’s homes and offices where they spend most of their time.

There is no doubt that having somebody else carry their data traffic is a benefit to cellular companies, but that doesn’t mean that they are going to be willing to write checks to WiFi hotspot owners for carrying cellular data. There has been no news of Comcast or the other cable companies making such deals with cellular companies, and so one would think this application is mostly speculation.

One also has to wonder about the efficacy of the current cable hotspots. The majority of Comcast hotspots are going to come from home routers that have been equipped to provide a public WiFi connection as well as the in-home connection for customers. But how useful are these connections? If you’ve ever walked around outside your house looking to connect to your own WiFi network I think you understand that reception outside of your home is sketchy. There are places where the signal is clear, areas where it is poor and areas where it doesn’t exist.

I look at my own house and wonder how valuable it is for Comcast to enable my hotspot. I get joggers and dog walkers by here on the front sidewalk, but otherwise this is not a neighborhood with much foot traffic. The only circumstances where my WiFi might have value is if workmen at my house use it, or if one of my immediate neighbors obtains a Comcast password from somebody and uses my WiFi for free. Otherwise, somebody would need to sit on my front porch or park in my driveway to get WiFi, something I would frown greatly upon.

There are a few ways that Comcast can monetize WiFi. One is to sell roaming WiFi as a service, much like you get in an airport. But to sell that service requires large areas of good coverage. And there are places like that. For example, it’s been reported that Comcast has blanketed the Jersey shore with coverage, and so selling a data connection to non-Comcast customers in these kinds of areas is a possibility.

I think the best business opportunity is for Comcast to get into the cellular business using WiFi enabled phones. They could sell cellular plans that either use only WiFi, or that use WiFi first and use cellular as the back-up. A lot of people mostly use their cellphones in homes and offices and such callers could save a lot of money if Comcast prices it right. Assuming that they could strike a deal with one of the four major spectrum holders they ought to be able to undercut the major carrier’s prices and still be profitable with such products.

But nobody knows for sure why Comcast and the other cable companies are doing this because they haven’t said. They must have something in mind, because they are spending a lot of money on public hotspots. One would certainly hope that Comcast has something in mind since they are antagonizing their cable modem customers yet again by turning them into public hotspots without their permission.

How We Love to Hate the Large ISPs

Poor-customer-satisfaction-272x300I have read a number of articles lately that reminded me of the love / hate relationship that Americans generally have with the large ISPs. Here is a summary of some of these stories.

Americans Pay More for Less Bandwidth. The Open Technology Institute at the New American Foundation recently released its third annual report where it compared US broadband speeds and prices in 24 US cities and in cities around the world. This report shows that speeds have increased in US cities since 2012, but on a cost per megabit delivered most US cities still fall to the bottom of the comparative list. The broadband winner is Seoul where a gigabit of data costs $30 per month followed by Hong Kong and Tokyo at $37 and $39. Contrast this to Verizon FiOS where 500 Mbps costs $300. Very few places in the US outside of Google, some municipalities and some Independent telcos offer an affordable gigabit service.

One of the more interesting comparisons made by the report is comparing the cost for buying 25 Mbps connectivity. The most affordable place for this was London at $24 followed Seoul, Paris, Tokyo, Copenhagen and Prague. The cheapest US City is Kansas City at $41, due to competition with Google. The US cities with Verizon FioS came in around $50. The lowest price in a US City not served by a fiber provider is San Francisco at $58 per month. Most US cities are over well over $60. Not surprisingly, the larger municipal networks like Chattanooga and Lafayette LA are at the head of the US affordability list after Google. The US is also the only country that charges monthly fees for a cable modem and the cable modem customer spends over $100 per year for the cable modem.

The report went on to note that 75% of US customers who can get 25 Mbps service have only one service option. The report concluded that around the world that one thing that holds down landline data prices is significant competition with cellular data. For example, in much of the rest of the world the monthly data caps on cellular phone plans are up to 40 times higher than they are in the US. But our low data caps and the relatively slow speeds of our cellular data networks means that cellular is not a good substitute here for a landline connection.

Customers Continue to Rate Large ISPs Poorly. The results of the annual American Customer Service Satisfaction Survey was recently released and showed that satisfaction with large ISPs is still quite low and is getting worse. This is an annual poll of 70,000 consumers and asks about a wide swath of large businesses. The composite satisfaction with all large ISPs was at 63 on a scale of 100, down from 65 a year ago, and which puts the ISPs at the bottom of the list of all industries. Within those numbers, Verizon FiOS held steady at a rating of 71. Time Warner did the worst dropping from a rating of 63 in 2013 down to 54 this year. Comcast was not far behind dropping from 62 to 57. Century link is the only ISP that improved slightly and went from 64 to 65. Both Cox and Charter dropped 4 points in the last year.

Consumers felt slightly better about their cable TV service and that got a composite rating of 65 compared to the 63 for broadband, But that rating is down from a 68 a year ago.  The ratings were down for every major cable provider compared to 2013. The highest ratings for cable were 69 by DirectTV and AT&T U-verse, while the lowest rating was again Time Warner with a 56.

What is probably the most disheartening about these ratings is that they are dropping year over year. Consumers already rate ISPs and cable companies at the bottom of their satisfaction list across all industries. One would think that would prompt them to improve. And perhaps to some degree they are improving some since speeds are slowly getting faster. But overall satisfaction continues to drop. One might think that price has a lot to do with this, particularly for the cable TV business where there are hefty rate increases each year. But prices have also started to creep up for data and several of the major ISPs are now planning on raising data rates a little each year.

AT&T U-verse Told to Change Advertising. The national Advertising Division (NAD) told AT&T to modify the way they advertise  U-Verse data speeds. AT&T has widely advertised the product as offering up to 45 Mbps and NAB found that in many markets this speeds was either not available or not widely enough available to justify the claim. NAB is a division of the Council of Better Business Bureaus and monitors national advertising claims of all sorts. The NAD recommendations are not mandatory, but since big companies participate in the Better Business Bureau they generally take heed of NAD findings. NAD has made similar findings against CenturyLink in recent years.

I guess it’s really not surprising that customers rate the large ISPs so poorly when you consider some of their practices. Many of them use poorly trained contract installers who don’t put a good face on their company. Many of these companies are notorious for not showing up for scheduled appointments, which is something that a lot of consumers never get over. This year we heard several recordings from Comcast reps who would not let customers drop service. And there is the annual and persistent rate increases.

The Story of the Numbers

I ran across some interesting statistics from the Leichtman Research Group. They track a lot of basic industry statistics and the ones I found most interesting are summaries showing the number of cable and data customers at all of the largest carriers in the industry. Consider the following table that I have created from their statistics:

Data Customers 2013 2012 2011
Comcast 20,662,000 19,366,000 18,143,000
Time Warner 11,606,000 11,395,000 10,909,000
Charter 4,640,000 4,269,000 3,946,000
Cablevision 2,740,000 2,723,000 2,633,000
Suddenlink 1,059,500 1,002,100 948,700
MediaCom 965,000 915,000 851,000
Cable One 472,631 459,235 451,082
Major Cable 42,145,131 40,129,335 37,881,782
AT&T 16,425,000 16,390,000 16,427,000
Verizon 9,015,000 8,795,000 8,670,000
CenturyLink 5,991,000 5,851,000 5,659,000
Frontier 1,836,000 1,724,000 1,702,000
Windstream 1,170,900 1,214,500 1,207,800
FairPoint 329,766 324,977 312,745
Cincinatti Bell 268,400 259,400 257,300
Major Telco 35,036,066 34,558,877 34,235,845
Major Carriers 77,181,197 74,688,212 72,117,627
Cable Customers 2013 2012 2011
Comcast 21,690,000 21,995,000 22,331,000
Time Warner 11,393,000 12,218,000 12,743,000
Charter 4,342,000 4,158,000 4,314,000
Cablevision 2,813,000 3,197,000 3,250,000
Suddenlink 1,177,400 1,211,200 1,249,000
Mediaom 945,000 1,000,000 1,069,000
Cable One 538,894 593,615 621,423
Major Cable 42,899,294 44,372,815 45,577,423
DirecTV 20,253,000 20,084,000 19,885,000
Dish 14,057,000 14,056,000 13,967,000
DBS 34,310,000 34,140,000 33,852,000
AT&T 5,460,000 4,536,000 3,983,000
Verizon 5,262,000 4,726,000 3,981,000
Major Telco 10,722,000 9,262,000 7,964,000
Major Carriers 87,931,294 87,775,815 87,394,423

This table only looks at the major carriers, but in this country that is almost everybody. For example, missing from the table of cable customers are all of the other providers, who altogether only have 7% of the total cable market.

There are some interesting things to notice about these statistics:

  • The number of high-speed data customers continues to grow and the major providers added 2.5 million more customers in both 2012 and 2013.
  • The major cable companies either have or soon will have more data customers than cable customers. This explains why they now view themselves as ISPs who happen to sell cable.
  • The cable companies lost 2.7 million cable customers from 2011 to 2013. This may have more to do with service and competition than anything else since AT&T and Verizon picked up 2.7 million cable customers during that same time period.
  • The Comcast / Time Warner proposed merger is gigantic since those two firms are two of the top three data providers today and two of the top four cable providers.
  • As much effort as the satellite companies expend in advertising they are barely growing. Dish Networks, for example added a net 1,000 customers in 2013.
  • A few companies are really bleeding cable customers and Cablevision and Cable One both lost 14% of their cable subscribers over a two year period. Even Time Warner lost 11%.
  • As well as AT&T and Verizon have done in cable, together they have only grown to be 12% of the cable market.
  • The fastest growing ISPs over the two-year period are Charter (17%), Comcast (13%) and MediaCom (13%).

Comcast and Time Warner

NYC-NBC_StudiosI have read many articles on the issue of Comcast buying Time Warner, but I hadn’t written a blog yet about it because I wasn’t entirely sure how I feel about this. After all, Comcast is already huge and so does it really matter if they get even bigger?

After reading the announcement I went to the web to remind myself of all of the things that Comcast owns. In addition to being a cable provider, they also own a lot of TV networks. They own NBC, one of the major broadcast networks. They also own a number of NBC affiliate stations. They own a lot of cable networks including CNBC, MSNBC, Syfy, Chiller, Cloo, E!, USA Networks, Bravo, Oxygen, Universal HD, Sprout, Telemundo and Mun2. They also own a smaller share of other networks like the Weather Channel, TVOne and Esquire TV. They own a number of regional sports networks throughout the northeast, Chicago, the northwest and the Bay Area. They own the Philadelphia Flyers outright. They create programming through Universal Studios and other production affiliates. They own the rights to broadcast the Olympics in the US. They own a piece of Tivo. They even own Fandango, the movie ticket company.

I find myself not so bothered that Comcast is going to get bigger as a cable company. Let’s face it, they have pretty crappy customer service, but so does Time Warner. Cable companies don’t overlap footprints and from the complaints I read all over the web about monopoly cable providers, it doesn’t seem to make a ton of difference which one of them you end up with.

And it’s not like Comcast does everything bad. They provide decent Internet speeds in many markets and are moving to increase speeds in other markets. They have largely upgraded their major markets to a fully digital network allowing them to take advantage of DOCSIS 3.0. In my part of Florida they have speeds up to 107 Mbps. I have their 50 Mbps product and it seems to really be this fast most of the time. They are not going to get into the gigabit race with Google, but over the next decade they probably will offer speeds up to 500 mbps like a few other cable companies are now doing.

But I find that so many people dislike them. I just have to wonder how much bigger they could become in their own markets if they did things right and people started liking them. When I moved to my new house I surveyed the neighbors and hardly any of them use Comcast. People here get satellite TV and suffer with CenturyLink DSL or wireless broadband rather than fight through the Comcast sign-up process. I documented my ordeal of becoming a Comcast customer last year and I think it took a dozen calls to finally get broadband and I was still forced to subscribe to a cable package I don’t want in order to get the broadband I want. So I am certainly not a fan, but I am not sure my experience would be much different with the other monopoly providers.

What bothers me about the merger is the tremendous market power they have as both a cable company and as a programmer. When Comcast and NBC sign a retransmission agreement, the resulting payments from Comcast to NBC are simply funny money and the cash never leaves the parent company. In practical terms this gives them a huge advantage over everybody else in the business. Comcast essentially gets to set the market rate for programming when it makes deals among its own affiliates.

It is that power to control all parts of the supply chain that I find disturbing. So I say, let Comcast buy Time Warner. But the price for doing so should be that they have to sell off a lot of their programming assets over the next few years. I think given that choice they will elect to keep the programming rather than buy a bigger pile of customers. If they really want to be a lot bigger, let them improve customer service and get all of the people in their existing footprint who won’t use them today.

We Don’t Have Enough Bandwidth

I read three different articles Friday that have a common theme – we just don’t have enough bandwidth in this country.

The first article from the Fiber To The Home Council which reports on a recent survey. They report that video viewing over the Internet is growing faster than expected, led by the viewing habits of the young. One third of young viewers watch video on a cell phone or tablet at the same time that they watch TV. And 12% of viewers under 35 report watching all of their content over the Internet.

The article also points out a recent report from Conviva, a web optimization company, who reports that they sampled 22.6 billion video streams and found that 60% of them suffered some degradation due to inadequate bandwidth.

The gist of the article is that demand keeps growing while many parts of the Web are near or at a breaking point in terms of capacity and quality. It’s also evidence that homes don’t want to just watch streaming video, they want to watch multiple streaming videos.

In another article Time Warner announced that it would roll out significantly faster Internet service, but only in competitive markets. The upgrades will come in markets where they are competing against fast competition, such as places where Verizon has built FiOS, where AT&T has relatively fast U-verse and where municipalities have built fiber networks. The company says that they will upgrade to DOCSIS 3 and also install much faster wireless routers. They also will upgrade the DVRs in these markets and roll out apps that are designed for the faster Internet.

But Time Warner also made it clear that they have no plans to upgrade markets where there is not fast competition. My take away from this article is that a lot of the incumbent providers are still only doing upgrades in response to direct competition. Otherwise they are quite satisfied with the status quo and only make investments under duress.

Finally, the citizens of Bergen County, New Jersey have started a petition to ask their politicians to offer whatever is necessary to attract Google fiber to the county. Bergen County is the most populous county in the state.

I find this somewhat surprising because most of the people in this county have Verizon FiOS available. And recently Verizon said they plan to have all of New Jersey covered by FiOS. Most of the rest of the country would be thrilled to be upgraded to the kinds of speeds available in Bergen County. FiOS speeds differ by market, but most markets have speeds available from 15 Mbps download to 150 Mbps download. And a few markets have 300 Mbps and 500 Mbps speeds available. Of course, Google would be bring 1 Gbps speeds for a little more than what people are paying for 50 Mbps from Verizon.

My takeaway from this is that people are beginning to realize how important very fast Internet service is. Even those who already have some of the fastest Internet speeds in the country do not view what they have as a value.

Unfortunately for the citizens of Bergen County I find it highly unlikely that Google will ever build to compete against another fiber network. Verizon could easily upgrade their network to compete with Google on speed and price and the conventional wisdom is that nobody is going to build a second fiber network to homes or both fiber owners will go broke competing against each other.

But all of these articles are indicative of the daily articles I see that continue to highlight the big gap between the bandwidth people want and what they are being offered in the market. We just don’t have enough bandwidth in the country, at least according to consumers.

The Quiet Expansion of Wi-Fi Networks

Wi-Fi

Wi-Fi (Photo credit: kristinmarshall)

I am sure I am like most business travelers and one of the first things I look for when I get to a new place is a WiFi connection for both my laptop and cellphone. Finding WiFi lets me get online with the computer and stops me from racking up data charges on my cell plan.

And for the longest time there has been very little public WiFi outside of Starbucks and hotels. But that is starting to change, at least in some places. There are several companies that have quietly been pursuing w WiFi deployments.

The biggest of these is the cable companies. It’s hard to get accurate counts of how many hot spots they have deployed. In 2012 a consortium of cable companies  – Comcast, Cox, Time Warner, Bright House and Optimum – banded together as the Cable WiFi consortium to deploy hotspots. Comcast claims that the industry has deployed over 300,000 hot spots. However, the Cable WiFi web site claims over 200,000. But whatever the number this is far larger than anybody else.

The Cable WiFi networks are offered to the customers of those companies as a mobile data extension of their service. Today these hotspots are centered around big cities – the northeastern corridor, San Francisco, Chicago, Los Angeles, Tampa, Austin and others.

The next biggest provider is AT&T which claims about 30,000 hot spots. AT&T claims over 705 million WiFi connections onto its WiFi network in the fourth quarter of 2012. However, Google has announced that it is getting in the game and nobody knows how big they might get with this effort. But their first announcement is that they are taking over all of the hotspots at Starbucks Coffee (which is a lot of the AT&T hotspots).

The cable companies have been deploying the hotspots in several ways. In some communities they are installing them on utility poles. In other situations they are going into establishments similar to the Starbucks WiFi.

WiFi is becoming more and more important to people’s daily life, so this trend is going to be very popular. Cellphone plans are getting stingier and stingier with cellular data at the same time that cell phones and tablets have the ability to use more and more data. If that data is not offloaded onto WiFi networks then customers are facing some gigantic cellphone bills.

WiFi is never going to be a replacement of cellular. For example, the technology used and the spectrum used make it very difficult to do dynamic handoffs like happens with your cell phone. You can literally walk out of WiFi coverage on foot where cellular coverage will stick with you driving at speeds of 60 miles per hour.

But people are finding more and more uses for WiFi all of the time, and so the desire for public WiFi is probably going to explode. The cable companies report that every time they open a new hot spot that usage explodes soon after people figure out it is available. One area where they have seen the biggest use is at the Jersey shore where vacationers and visitors are relieved to find WiFi available.

Anybody building a fiber network ought to consider a wireless deployment. There are several ways to monetize the investment. The obvious revenue from WiFi is through daily, weekly and monthly usage fees. But if you are a triple play provider, a more subtle benefit of wireless is in making your customers stickier since you are giving them a mobile component of their data service. Another revenue stream is to sell prioritized WiFi access to the local municipality, electric company and others, with priority meaning that their employees get a prioritized access to the network, with first responders trumping everybody else. There are also smaller revenue streams such as earning commissions on the DNS traffic for people who purchase products over your WiFi network.

The Future of TV – Content

Photo of cable tv headend rack. Louisiana. Now...

Photo of cable tv headend rack. Louisiana. Now closed out of business. (Photo credit: Wikipedia)

Since cable TV became a nationwide product the content has been delivered by the cable providers in large packages that differed little from coast to coast. Small rural systems have typically smaller line-ups, but the programming available in the big cities is about the same everywhere.

The first big crack in how programming is delivered came with Tivo which let people record TV to watch later, including the ability to skip commercials. And quickly following that was video-on-demand from the cable companies. Now we are seeing a large amount of programming available on the Internet and I think we have turned the corner and consumers now have more say than the cable companies in how and when they watch content. This trend will strengthen and greater numbers of people will step away from traditional packages. I looked around to see what others are expecting for the future of content and here are some of the predictions:

Content Participation. This started in a mild way when home viewers could vote each week for the winners of shows like American Idol. This got millions of viewers heavily invested in the outcomes of such shows. Expect a lot more of this in the future and to a much greater degree. There will be programs that are driven by the viewers. The viewers will get a say in the plot development, the introduction of new characters or getting rid of existing ones. The shows and characters will participate in social media and become part of fan’s lives.

Viral TV Production. Even better than participation, viewers will be able to help fund new shows they want to watch. To some extent this has happened to a few shows today that were discontinued by networks but then picked up for independent production for the Internet. Viewers will not only get to participate as backers of new shows but will have the ability to have some say in the creation of content. I can picture Star Trek fans funding episode after episode forever.

Produce Your Own Content. Anybody who has witnessed 14-year-old girls watching video will see that a lot of what they watch is clips made by their friends or by themselves. As it becomes easier and easier to make your own content, and as this content is easier and easier to play anywhere, a lot of people are going to produce content to share with their friends.

More Local Content. To a large degree local content has died on cable TV. Larger markets have local news, but there is a lot of demand to watch local content such as high school football and basketball, parades, government meetings and other local events. The Internet is already producing ways to channelize local content and I expect local ‘channels’ to pop up all over the country. There is no reason that every high school, every college, every church can’t have their own local channel of web content.

Fewer Network Channels. I think everybody expects that as more content is on the Internet and as some of the more popular content becomes available on a per-pay basis that many of the existing cable networks will die. It’s been reported that 80% to – 85% of cable channels don’t make enough money to stand alone in an a la carte cable world.

Different Perspectives. Expect programming that will offer different perspectives. This has been done a little in the past with shows being filmed with different endings for different viewers, but expect a lot more of this in the future. There will be shows that will allow the viewer to watch the show from the perspective of a specific character.

Personalized Ads. Of course, with all of the good changes that are coming, there is a lot of consensus that ads will become more personalized. Of course, advertisers think that this will make you like to watch their ads since most of what you see will be aimed at you, but I suspect that is going to make most people even more jaded about advertising.

Sensory TV. As a science fiction fan I have been to a number of movies that purported to invoke the sense of smell, taste or touch during movies. I must say that movies with Sniff-o-rama were a little less than successful! However, it is predicted that in the near future that it will be possible though personal electronics to make a viewer really invoke the different senses. This will begin with gamers and will involve wearing helmets or goggles that will trigger brain sensations. But this will move eventually to wider programming.

The Battle of the Boxes

Image representing Roku as depicted in CrunchBase

Image via CrunchBase

For years we’ve been told that the day was coming when we would be able to get rid of the settop boxes supplied by the cable company and instead use our own smart devices to receive cable TV. A number of years ago the FCC tried to promote this with its cable card order that said that customers must be allowed to bring their own devices and that the cable companies then had to give them a discount for doing so. But cable cards were a massive failure and only a very small percentage of customers went through the hassle of trying to use their own settop boxes.

And then we heard a lot of talk about how TVs were going to get smarter and that we would be able to plug our cable into the back of the TV and eliminate the settop box. And that actually worked for a few years. But then cable companies started converting their systems to all-digital to make more room for faster cable modems, and analog transmissions are quickly becoming a thing of the past.

So we are no closer today to being able to bring our own smart box to the game and almost every home still has a settop box or a DTA (Digital Television Adapter) for which the cable company charges them a fee of around $5 or more per month.

Meanwhile there are a host of new boxes in the world that are designed to help customers bring the Internet and its many programming options to the TV. Among these are Roku, Apple TV and Sony Playstation. There are a number of households that are using these boxes to replace the cable company altogether and are settling for the programming that can be found on the web. These boxes let people subscribe to things like NetFlix, Hulu or Amazon Prime, which are much cheaper than the typical cable subscription.

Time Warner is taking an interesting approach to the battle of the boxes. In March they announced a deal to allow people to use a Roku box in place of a Time Warner settop box. In June they announced a deal that allows customers to use high-end Samsung TVs without a settop box. And it was reported last week that they are making a deal for people to use Apple TV in place of their settop box.

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Time Warner is doing this by developing a specific App that works on each device. A customer can download an app that will let the Roku box mimic the Time Warner settop box and save the monthly fee. It’s reported that the app is not as good as the real thing and the line-up and some reception is not as good as using a TV. But Time Warner sees some advantages to this arrangement. While they lose the typical $5 per month charge for the settop boxes, they also get out of all of the obligations that go with providing settop boxes. No cable provider likes being in the settop box business. They require truck rolls to install and sometimes to retrieve. They break and must be replaced. And a surprising number of people move, pack and take their boxes with them. Cable companies are probably a net winner by getting out of the settop box business.

But I see a few problems with Time Warner’s approach. First, Time Warner is headed down a path that is going to make their software life complicated over time. Soon they will have deals that require them to supply apps for three different boxes. But over time that number is going to mushroom. There will eventually be many generations of Roku and Apple TV and every other current box as they get updated and outdated. And over time there will be dozens, if not hundreds of devices that will be able to get TV signal onto a TV. Looking into the future five or ten years I see Time Warner’s strategy getting very complicated.

But the biggest danger I see is that Time Warner’s strategy is inviting the fox into the henhouse. Do they really want to promote customers to use boxes that bring Netflix and Hulu into the house and make it easier for customers to cancel or downgrade their Time Warner cable TV service? Obvious some people are going to be buying these boxes anyway, but should the cable company be promoting people to buy a box that makes it easier to bypass them? It seems like a risky bet to me.

Even if Time Warner is onto something, this solution is not for everybody. Certainly the handful of other large cable companies could follow suit, but it’s hard to see this working for smaller cable companies. And this solution won’t work at all for companies that deliver IPTV over DSL or fiber like Verizon, AT&T, municipalities and hundreds of independent telephone companies and small CLECs. The IPTV stream requires a proprietary device to descramble the signal (and  scrambling for IPTV is required in the contracts with the content owners), and so these providers cannot move customers to alternate boxes.

Time Warner’s approach is unique and we will have to see if any other cable companies follow them. This is a home run for the box makers, but I’m not so sure that Time Warner wins too.

What is Behind the Aereo Controversy?

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The Aereo ruling on April 1 certainly has the cable industry in an uproar. In that ruling a federal appeals court upheld a lower court ruling that Aereo’s wireless streams to customers are not a ‘public performance’ and thus do not constitute copyright infringement. On Friday Glenn Britt, the CEO of Time Warner, said that his company was considering pulling the broadcast networks off of his cable TV systems and sending them to customers over a radio in the same way that is being done by Aereo. And recently, in response to the Aereo ruling the broadcast networks threatened to pull all of their content off the air and move their programming to cable TV. So what is up with Aereo, and can these companies do what they have threatened?

Aereo has an interesting product that seems to have found a market niche, at least in New York City where it is now operating. Aereo sets up a radio link to each customer and sends them a 28 channel packagethat includes the major networks, some other low-cost networks and some spanish and asian-language channels. Aereo can be installed on any Windows or Mac computer and can then be streamed to iOS devices like the iPhone, iPad or Apple TV. It can also be made to work with a Roku box. And one would imagine it will soon be made to work with other pads and tablets. The service also lets a consumer record some programming for later playback. The pricing is cheap compared to cable TV with a $1 per day plan, monthly or annual plans, including a monthly plan for $8 that lets a customer watch everything live plus record and play back 20 hours of programming per month.

Why does this controversy even exist? Can’t people just receive the broadcast networks over the air? On June 12, 2009 all full-power analog television transmissions ended and starting with that date the full-power television stations, which include all of the major networks like ABC, CBS, NBC and Fox could only broadcast in digital. Customer now need a Digital Television Adapter (DTA) to receive the signals and any home that is near to a station can receive it for free. But it is not easy for the average consumer to get these signals from the TV to mobile devices, and Aereo’s real marketing niche is providing signals to computers, iPhones and iPads.

Why are Time Warner and the cable companies so stirred up over Aereo? Aereo seems to have found the niche of people who want to watch mainstream programming without being tethered to their TV. If Aereo was limited to New York City this probably wouldn’t be a huge deal, but they have announced that the service is coming to 22 other major markets in 2013.

As is the case with all big business controversies it all comes down to money. In the 1992 Cable Television Consumer Protection and Competition Act, Congress required that all cable operators obtain the permission from broadcasters before carrying their signals on their cable systems. For a while this permission was granted for free, but in recent years the broadcasters have asked for significant fees and it is not unusual to see each local broadcast network charging $1 or more per customer per month for retransmission consent. So a cable system now has to pay that much each for ABC, CBS, NBC and Fox, and in some markets multiple stations of some of these. This has driven large increases in cable rates and is now a point of huge contention between broadcasters and the cable companies.

The broadcasters are angry that Aereo is able to bypass their fees since retransmission fees currently make up as much as 10% of their revenue. And the cable companies are angry that Aereo has gotten out of paying the same fees that they must pay. And they are worried that Aereo will accelerate the trend of customers who are ditching traditional cable TV in favor of programming from the web and elsewhere, the trend referred to as the cord-cutters.

Can Time Warner really do the same thing that Aereo is doing? Certainly Time Warner or anybody could form a company that does the same thing as Aereo and compete with them. Such a company could sell the same sort of line-up and do it using radios like Aereo has done. But they first must recognize that it’s important that Aereo is using radios because this is what allows them to not be a cable TV company, which is defined as somebody who delivers cable content using cables. So Time Warner would have to use radios also. And Time Warner is still hoping that the Supreme Court will look at the issue so it’s not entirely certain that Aereo, or anybody, has the legal last word that this is okay.

So Time Warner could establish an Aereo-clone company and do exactly what Aereo is doing. But they could not do this as an alternative to putting the network channels onto their cable system. In the aforementioned 1992 Cable Act, Congress set forth the rules for cable systems to carry broadcast channels, referred to as the must-carry rules. Congress said that a cable system with 12 or fewer channels must carry at least three local broadcast channels. Larger cable systems must carry all local broadcast channels, up to a maximum of 1/3 of their system. This means that Time Warner could not pull the local broadcast networks off of their cable and deliver it in a different way. But Time Warner could probably sell an Aereo-like product to somebody if that is the only product they sell to that customer.

Finally, can the broadcast networks pull their signals off the air and move them to be cable only? I can’t think of any reason why not. At that point they would no longer be a broadcaster and they would avoid all of the FCC rules applicable to over-the-air broadcasters. But if they do this they would become like any other cable network, and so ABC would be treated the same as HBO or TBS or any other cable network. It is likely that such a change would infuriate Congress since around 15% of the people in cities still receive free TV over the air. There would certainly be political repercussions from a broadcast network deciding to become just another cable network. For instance, might they lose their ability to carry professional football?

At the bottom of this controversy are huge dollars and also the underlying fear of the cable industry that Aereo is one more factor that is accelerating the bypass of their systems. It seems like Aereo might be in a similar position to MCI back when they broke the long distance monopoly. Aereo has stuck a sharp stick in the eyes of both the cable companies and the broadcasters and there is one hell of an interesting fight yet to come.