October 2009

Amazon, discounters in book-pricing war

The title of Dean Koontz's upcoming thriller is "Breathless." It is also an apt description of the online book-pricing war taking place among the nation's largest retailers. Koontz is one of several big-name writers whose books are being pre-sold at eye-poppingly low prices. Some, such as Stephen King's latest, are being discounted nearly 75 percent from cover price as retailers race to match their competitors' price cuts. The battle began last week when Wal-Mart lowered the prices on pre-orders for 10 upcoming releases to $10. Amazon.com quickly matched the prices on those books. Then, on Friday, Wal-Mart cut the prices to $8.99, which Amazon matched. But the plot really began to thicken Monday when Target got into the game. It also began selling eight of the books offered by Wal-Mart for $8.99. Not to be outdone by its chief competitor, Wal-Mart on Tuesday beat Target's price -- by a penny.

Disney Touts a Way to Ditch the DVD

Walt Disney is close to unveiling technology that it says will enable entertainment companies to adapt their business models to a new reality in which consumers increasingly rely on computers and cell phones in place of DVD players and TVs. The technology, code-named Keychest, could contribute to a shift in what it means for a consumer to own a movie or a TV show, by redefining ownership as access rights, not physical possession. The technology would allow consumers to pay a single price for permanent access to a movie or TV show across multiple digital platforms and devices—from the Web, to mobile gadgets like iPhones and cable services that allow on-demand viewing. It could also facilitate other services such as online movie subscriptions. The company has been quietly demonstrating Keychest for other movie studios and technology companies in a bid to get them to sign on. It plans to unveil the technology next month. Keychest aims to address two of the biggest hurdles blocking widespread consumer adoption of movie downloads: the difficulty of playing a movie back on devices other than a PC or laptop, and limited storage space on those computers' hard drives. As such, Keychest could put Disney on a collision course with an initiative, known as the Digital Entertainment Content Ecosystem, or DECE, that has similar goals.

Search starts for MPAA chief Dan Glickman's replacement

For all the rumblings in Hollywood that Dan Glickman was miscast as the industry's top Washington lobbyist, the next head of the Motion Picture Assn. of America could well be closer to his technocrat mold than to the suave celebrity of the man who made the job famous: Jack Valenti. That's because, with Glickman disclosing Monday that he'll step down next September, the movie industry knows it has evolved since he took over in 2004 as MPAA's chairman and chief executive. Preventing piracy of movies and TV shows dominates the trade association's lobbying agenda, and the desire for a glitzy face in the nation's capital has lessened as the major movie studios have become divisions in larger media conglomerates with sometimes competing agendas. Glickman's departure was expected at some point, given Hollywood's behind-the-scenes discontent with him as a politician who struggled to understand the industry's insular world. It opens up one of Washington's most high-profile and coveted lobbying posts. His salary was $1.2 million in 2007. The MPAA represents the six major movie studios -- Paramount, Sony, 20th Century Fox, Universal, Disney and Warner Bros. Its board is expected to meet in the next few weeks to officially begin looking for a replacement. The ideal candidate will understand the political climate and have access to key leaders in Washington, according to several top industry executives, who declined to be named. The person also must understand Hollywood's changing business models and the evolving digital technologies, as well as have relationships with media company heads. According to insiders, candidates include Bob Pisano, a former head of the Screen Actors Guild who has been the MPAA's Los Angeles president and chief operating officer since 2005, and Harold Ford Jr., a former Tennessee congressman who chairs the moderate Democratic Leadership Council.

Support Network Neutrality

[Commentary] As an entrepreneur and creator of several successful Internet start-ups, I have long been an ardent supporter of open access to the Internet and continue to support net neutrality in Congress today. Thursday, the Federal Communications Commission (FCC) is holding an important meeting to consider a net neutrality framework for the Internet. The decisions that the FCC makes impact the future of the Internet itself. By enshrining open access into regulation, the FCC can ensure that the Internet remains a level playing field for innovative content, services, and applications and does not break apart into various pay-to-play private networks. Please ask your Representative to join me in calling for rules that allow consumers to access the lawful Internet content of their choice, run applications and services of their choice, connect to their choice of legal devices, ensure transparency and competition among network providers and content/service/application providers, and prevent Internet service providers from discriminating against any legal content or applications.

Broadband Stimulus Plan to Fall Short by Nearly $17 Billion, Warns Yankee Group

The Yankee group, a technology research firm, estimates that the $7.2 billion in broadband stimulus funds is woefully inadequate for extending broadband's reach to all Americans. Currently, about 12 percent of U.S. households, including those in some major metropolitan areas, have no access to broadband service. Yankee Group examines four possible approaches to addressing the problem: an ultra-cost-conscious "Discount" option, a leverage-what's-in-place "Duct Tape" method, a "Pragmatic" middle-of-the-road approach and an all-fiber-to-the-home "Gold-Plated" scenario. While all reach the Anywhere goal of at least one broadband connection per home, none are perfect. And at a minimum, they all require unprecedented vendor cooperation and regulatory foresight. "Achieving ubiquitous broadband in the U.S. will hasten economic recovery and put the nation back where it belongs in terms of technology leadership, but it will take a concerted effort on the part of all stakeholders," says Vince Vittore, principal analyst at Yankee Group and author of the report. "A minimum of $24 billion is required, and that`s only if networks are deployed in the most efficient manner and much of the middle-mile infrastructure already is in place. While the stimulus is a good start, it's just that: a start."

Blumenthal: Savings From Health IT To Exceed CBO's Estimates

National Coordinator for Health IT David Blumenthal said he expects the actual savings from health IT to "far exceed" the Congressional Budget Office's projection of about $12 billion over 10 years. Dr. Blumenthal said, "Electronic health records and other forms of health IT can certainly be improved, and there are examples of bad implementation and other problems." He added, "I still think that on the whole, across the country we'd be better off with universal availability of electronic health records. We'd have fewer errors, fewer missed diagnoses, less duplication of tests and fewer adverse drug events."

Smart Grid Stimulus: The Pause That Distresses

[Commentary] Remember how we all cheered at the start of the year when the feds announced that the Smart Grid would be part of the stimulus package? What a tremendous boost to the sector, we all said. Then reality set in. Far from accelerating 2009 Smart Grid spending, the stimulus bill slowed it down. Projects may have been delayed 9 to 12 months as utilities wait to hear whether the government will pay part of the price tag. Some are blaming stimulus-related delays for missing sales forecasts. And all of that leads to important questions: What's going to happen with utilities that do get money? Will it prime the pump and lead to more projects by those same utilities? Or will it be a one-time bubble, with those utilities waiting a few years before they tackle something big again? Will the utilities - and their PUCs - get addicted to the 50% government match and reject future initiatives as too expensive? What's going to happen with utilities that get their applications rejected? Will they regroup and push ahead with their projects on a smaller scale, since they'd already committed to a 50% share of the cost? Or will it be an excuse to throw up their hands, say oh well, we tried - and go back to business as usual? What about the effects on Smart Grid technology companies? Many of them have spent the last six months frantically assisting with stimulus applications. Clearly, they are hoping utilities will do the right thing and move forward with or without a check from Uncle Sam. But what about the vendors who don't win any awards? Will they continue to have the confidence of their customers and their investors? What effect will all this have on regulators?

Mexico lawmakers to vote on telecom tax

Mexican legislators looking to shore up depleted public finances were expected to approve on Tuesday a tax on telecommunications services, a blow to billionaire Carlos Slim, who dominates the industry. The lower house's finance panel has signed off on the creation of a 3 percent excise tax on telephone and Internet services, markets where Slim's fixed-line operator Telmex leads. If it is approved by the lower house and then the Senate, the tax could translate into higher prices -- possibly leading to lower sales -- as telephone companies pass the levy on to customers. Critics warn the tax would retard the growth of telephone and Internet use among low-income Mexicans but defenders say it will only have a small effect. The Organization for Economic Co-operation and Development says Internet service in Mexico is already expensive and extremely slow compared to other member countries. Around a quarter of Mexicans use the Internet, many of them only at work or at Internet cafes, according to Mexico's telecommunications regulator.

NBC Universal's Graboff says TV windows collapsing

Traditional television viewing patterns are collapsing and the industry needs to quickly figure out how to profit in a world where people can watch TV shows anytime, anywhere, NBC Universal's TV chief said. The challenge now was drawing viewers to network shows at designated times when people can either record those shows or turn to online outlets to watch at their convenience, said Marc Graboff, Chairman of NBC Entertainment and Universal Media Studios. Networks need to figure out how to make their content more immediately available in a lucrative way, such as by charging viewers to stream episodes shortly after airing -- narrowing viewing "windows" -- or providing them to multiple outlets, he told an industry conference. Meanwhile, Comcast, the largest US cable operator, will look at all opportunities in the content business Chief Executive Brian Roberts said. Roberts said if there was an opportunity to acquire more content his company's philosophy was that is "prudent" to think about it and look at it.

TV Writers Want FCC To Expand Definition of Kids Programming

The Writers Guild of America West wants the Federal Communications Commission expand its definition of children's programming as it prepares to rethink its kids TV rules, and embedded advertising guidelines, in the digital age. In meetings with FCC Chairman Julius Genachowski and staff, the writers offered examples of the growing use of embedded advertising techniques, including on-screen scrolls like the Captain Morgan Rum crawl on TBS during MLB playoff coverage. They cautioned that the rise of DVR's, with their ad-skipping capabilities, will only make advertisers and networks "more aggressive" in their ad embedding strategies.