October 2009

Behind the War Between White House and Fox

Late last month, the senior White House adviser David Axelrod and Roger Ailes, chairman and chief executive of Fox News, met in an empty Palm steakhouse before it opened for the day, neutral ground secured for a secret tête-à-tête. Ailes, who had reached out to Axelrod to address rising tensions between the network and the White House, told him that Fox's reporters were fair, if tough, and should be considered separate from the Fox commentators who were skewering President Obama nightly, according to people briefed on the meeting. Axelrod said it was the view of the White House that Fox News had blurred the line between news and anti-Obama advocacy. What both men took to be the start of a frank but productive dialogue proved, in retrospect, more akin to the round of pre-Pearl Harbor peace talks between the United States and Japan.

Network Neutrality: A debate full of sound and fury

[Commentary] "Follow the money" definitely gets to the bottom of the question of why the incumbent telcos have totally lost their mind over net neutrality. It has become a breathtaking display of whining, bullying, fear mongering and distortion of facts. Net neutrality is really about ensuring fairness on an Internet that is a channel for open communications. It's about protecting consumers, businesses, nonprofits and government entities from harmful practices executed in the best financial interests of those 30 or so companies that manage a third of all Internet traffic. One thing anti-net neutrality advocates fail to tell you is that service providers can indeed charge different prices to different people (or organizations) that access different levels of data. But net neutrality says providers' pricing policies can't be predatory/anti-competitive. These service providers have a business model and entrenched mindset that necessitate they tightly control the environment in which they do business. A prime example is applications (e.g. ringtones) for the handsets that carriers sell. "Walled garden" was the name given to carriers' attempts to control and charge for everything in their network. Customers couldn't buy anything from outside of the garden, many startups and small companies couldn't get access to the garden. This mindset and type of business modus operandi is what many people believe carriers will enforce on the Internet. If net neutrality rules are passed, carriers are paralyzed with panic that they won't be able to maximize profits. Two things loom large to justify both fears.

AT&T, Google Spar Over Web Rules

There's nothing neutral in the battle between AT&T and Google over the future of the Internet. Google, the powerhouse of Silicon Valley, and AT&T, champion for the old-line phone industry, are marshaling political allies, lobbyists and—in AT&T's case—labor unions for a fight over proposed "network neutrality" rules that could affect tens of billions of dollars in investments needed to upgrade the U.S. broadband network, which lags in speed and affordability compared with some countries. On Thursday, the Federal Communications Commission made good on its promise to push new rules that would require Internet providers such as AT&T to deliver Web traffic without delay. Broadly, that means cable and phone companies couldn't block or slow access to services from Google, Netflix or others that are a drain on their networks or could compete with their businesses. But as the details of the new rules are hammered out in coming months, AT&T and Google are ramping up efforts to ensure the FCC doesn't impose rules that could hurt their profits or expansion plans. Plenty of lobbyists have made their concerns about the FCC's proposal known to their political allies over the past few weeks. But AT&T lobbyists were particularly active, swarming Capitol Hill and state houses, prompting a bipartisan mix of governors, congressmen and senators to send worried letters to the FCC.

Boucher Wants Input on FCC's Program Carriage Complaint Process

At a hearing on video competition, House Communications Subcommittee Chairman Rick Boucher (D-VA) said that among the things the subcommittee wanted input on was whether the Federal Communications Commission's program carriage complaint process works or whether the Congress should try to fix it. His question was driven by carriage complaints about program distributors favoring their own programming over unaffiliated programming. The hearing provided a platform for a host of issues, from retransmission consent and broadband deployment to satellite carriage issues and even one legislator's complaint that the cable company did not reach homes "some distance" from the road. House Commerce Committee Chairman Henry Waxman (D-CA) said his interest in the video competition issue, which he said the hearing would help frame, was in insuring "diversity, competition, choice and access." He said viewers' and users' interest should be paramount. Chairman Waxman said program carriage and access issues remain despite what he conceded was new competition from the Web and broadcast multicast channels. "As with other areas of telecommunications policy," he said, "the advantages of historic incumbency can be difficult for new entrants to overcome absent government intervention."

The Cell Refuseniks, an Ever-Shrinking Club

Not so long ago, we all lived in a world in which we decided where to meet friends before leaving the house and we hiked to the nearest payphone if we got a flat tire. Then we got cellphones. Well, not everyone. For a hardy few that choose to ignore cellphones, life is a pocketful of quarters, missed connections and a smug satisfaction of marching to a different ring tone. For many people, cellphones have become indispensable appendages that make calls, deliver e-mail messages, locate restaurants and identify the song on the radio. After 20 years, 85 percent of adult Americans have cellphones, according to the Pew Internet and American Life Project. According to the Federal Communications Commission, cellphones caught on faster than cable TV and personal computers although, by some accounts, broadband Internet service was adopted faster. Those who still do not have them, according to Pew, tend to be older or less educated Americans or those unable to afford phones. "These are people who have a bunch of other struggles in their lives and the expense of maintaining technology and mastering it is also pretty significant for them," said Lee Rainie, director of the Pew project. But there is also a smaller subset of adults who resist cellphones simply because they do not want them. They resent the way that ring tones, tiny keyboards and screens disrupt face-to-face conversation. They savor their moments alone and prize the fact that no one knows how to reach them.

Nokia takes on iPhone in legal fight

Nokia, the world's biggest mobile-phone maker, on Thursday launched a legal challenge against alleged intellectual property abuse by Apple, opening a new front in its battle against a US rival that is transforming the industry. A lawsuit filed in a US federal court in Delaware accused Apple of infringing 10 Nokia patents in all 30m of its flagship iPhones sold since the US company entered the mobile market in 2007. The move sets the stage for a court battle between the industry leader and its fastest-growing challenger over one of the hottest products in consumer technology.

Study: big movie budget = big movie profit

A new study offers reassurance for studio heads worried about runaway budgets. Films boasting production pricetags of more than $100 million actually generate higher returns than mid-range pics, averaging $247 million in net profits per release, according to the study by SNL Kagan, which analyzed all films released on 1,000 or more screens from 2004-08. Pics that cost $90 million-$100 million earned an average of $118 million. When it comes to specific genres, animated films performed most strongly, averaging $221 million in net profits per toon. Sci-fi and fantasy films follow at $125 million. The least profitable of the 10 genres listed in the study were horror pics, with an average domestic gross of $33 million and an average net profit of $17.9 million, and thrillers, with an average domestic gross of $40 million and an average net profit of $13.7 million. The study, "Economics of Motion Pictures," analyzed 764 films. Net profits were based on a typical distribution fee scenario at major studios. SNL Kagan tallied 83 films with budgets of more than $100 million during the four-year period. (The study did not factor in marketing expenditures, however.)

Booksellers Ask Justice Department to Investigate War Over Pricing

The American Booksellers Association has asked the Department of Justice to investigate the book price war under way between Wal-Mart Stores Inc., Amazon.com Inc. and Target Corp. to determine if it constitutes "illegal predatory pricing." In a letter dated Oct. 22, the ABA said it believes that the discount pricing—which has led to 10 of the most anticipated hardcover titles being priced as low as $8.98 on Walmart.com—amounts to such an act and that it is "damaging to the book industry and harmful to consumers." The letter said while it may appear that the prices will generate "more reading and a greater sharing of ideas in the culture," many of the independent stores that belong to the ABA won't be able to compete.

Census gets new interactive website

The Census Bureau is well-known for asking questions. Now it will answer them, too. The agency's new 2010census.gov website went up this week and, when it is officially launched Monday will give people a chance to do the questioning. The heavily interactive site, part of the government's $326 million marketing push to promote the 2010 Census, is more whimsical than most government online portals. It's colorful. It has sound, videos, blogs and even a trivia quiz. A blog by Census Director Robert Groves welcomes comments. The site will feature three top questions of the day, gleaned from discussions on the site and chatter on the agency's Twitter and YouTube accounts and Facebook page. The website, which links to the Census Bureau's main site, aims to tap the nation's diversity and segments of the population that traditionally are difficult to count accurately, including the young and single.

Handicapping Broadband Stimulus Picks

[Commentary] The $7.2 billion in Broadband Stimulus prize money in the American Recovery and Reinvestment Act of 2009 (ARRA) is creating quite a buzz around the telecom race track. The blogs are atwitter with a lot of speculation, but nobody knows if they've bet on the right horse. The first Round 1 winners are to be announced on November 7.

The Rural Utilities Service (RUS) Broadband Initiative Program (BIP) has a $2.5 billion appropriation that will be disbursed in the form of loans and loan guarantees, grants or loan/grant combinations. Established rural telcos are the favorites in this race. Many rural telcos won Advanced Wireless Services (AWS) and 700 MHz licenses in recent FCC spectrum auctions, and want to use BIP funds to build them out. Regional wireless carriers, small cable operators and wireless ISPs with AWS/700 MHz licenses or authorizations for unlicensed band operation will also place high. Wireless infrastructure is faster to market, with lower costs per subscriber, than most wired solutions. Beyond that, new companies proposing large geographic coverage to millions of POPs are strong contenders, especially if they are asking for a big loan versus a grant.

The National Telecommunications and Information Administration (NTIA) Broadband Technology Opportunity Program (BTOP) will hand out $4.7 billion in the form of grants. BTOP favors projects that offer clear socio-economic benefits for disadvantaged businesses and residents, are relevant to the overall goal, are technically feasible and financially viable, can meet the timelines, and create a lift for the local economy. Since the Federal government wants to spread the wealth, there will be at least one award in every state.That said, State governments can tip the odds towards their favorites ahead of the BIP/BTOP final selections. Many BTOP projects are government- and nonprofit-run broadband networks, or public-private partnerships that have local or state governments as the dominant partner. Most of these projects will be funded with BTOP grants in metro and suburban underserved areas as opposed to unserved rural areas that BIP addresses. The BTOP pot is almost twice the size of the BIP budget. So we might see more projects in the public sector than with private operators.