September 2013

Today's Quote 09.13.2013

“The Lifeline program is a legacy President Reagan could be proud of."
-- FCC Chairwoman Mignon Clyburn

Clear Channel-Warner Music Deal Rewrites the Rules on Royalties

For decades, Clear Channel Communications and other big radio companies have fought fiercely to avoid paying record companies for songs they played on the air. But with the business going digital, Clear Channel is now eager to make a trade.

The company announced a deal with the Warner Music Group that would for the first time allow the label and its acts to collect royalties when their songs were played on Clear Channel’s 850 broadcast stations. In exchange, Clear Channel will receive a favorable rate in the growing but expensive world of online streaming. Warner, the smallest of the three major labels, will also get extensive promotion for its acts, which include Bruno Mars, CeeLo Green, Coldplay and Green Day. Over the last year, Clear Channel has struck a number of similar licensing deals with smaller companies, including Taylor Swift’s label, Big Machine. But Warner is the first major company to do so, and the deal highlights both the importance of streaming and the continuing debate in the music industry over how music should be licensed and paid for. For Clear Channel, these deals are a bet on the future of digital radio, as well as an attempt to control its costs.

Verizon Backing Off Plans for Wireless Home Phones

After facing numerous complaints from residents of Fire Island, Verizon has backed away from its plan to use a wireless device to replace traditional phone service in areas where it would rather not repair its old copper wires.

After Hurricane Sandy, Verizon asked state regulators in New York for permission to substitute Voice Link, a home phone service that carries calls on a cellular network, for what it refers to as “plain old telephone service.” The first place in the state it tried broad use of Voice Link was on the west end of Fire Island, a resort community on the Atlantic Ocean that incurred heavy damage in the late October storm. Verizon had hoped to use Fire Island as an example of how Voice Link could be installed in other areas of the state where its network of copper wires was damaged by storms or deemed too costly to repair or maintain. The regulators said they would monitor the results and decide later this year. But Verizon did not wait for the final results. It conceded defeat this week and said it would start laying fiber-optic cable that would restore home phone service and Internet access. The company also withdrew its request to the state Public Service Commission for permission to use Voice Link as a permanent substitute for traditional home phone service elsewhere in the state.

Twitter Files for Initial Public Offering

Twitter broke the news, via a tweet, of course, that it has filed confidential paperwork to begin the process for its highly anticipated public offering.

An IPO would mark a business milestone for seven-year-old Twitter, which is used by more than 200 million people and created a global online communication culture, but has yet to prove itself as a big and lasting business. Since Twitter's filing was submitted to the Securities and Exchange Commission under a new law that allows small companies to keep their IPO documents private, Twitter didn't reveal how fast it is growing or whether it is profitable. Twitter has already achieved a valuation of more than $9 billion, as judged by private sales by employees of their stock.

"Why now?" While the San Francisco micro-blogging site has been widely believed to be on the path to an initial public offering that would boost the Bay Area's broader tech economy, most pundits hadn't expected it to happen until 2014. Sitting on hundreds of millions of dollars in venture capital, Twitter's leaders repeatedly have insisted they're not focused on going public. "Why go public now? I'd say because it can," said Bill Tai, a venture capitalist with Charles River Ventures. His firm was among the first investors in Twitter.

Belo Investors to Vote Against Deal

Investor opposition to the terms of Gannett’s $1.5 billion takeover offer for TV station-owner Belo is intensifying, two weeks before Belo shareholders are due to vote—putting a spotlight on the question of whether Belo should have put itself up for a broader auction.

Pine River Capital Management, a Minnesota-based hedge fund that disclosed a 6.6% stake in Belo, said it planned to vote against the deal, as currently structured, arguing that the $13.75-a-share Gannett agreed in June to pay is less than Belo is worth. Taking into account supervoting shares owned by others, Pine River's voting stake is equivalent to 3.6%. Pine River is one of a number of hedge funds that bought up Belo's stock largely after the deal and plan to vote against the transaction or have significant concerns about its terms, according to people familiar with the matter. The amount of opposition isn't clear. Belo shareholders representing 42.5% of the company's voting power have committed to support the deal. Two-thirds of all shares outstanding have to vote in favor—votes not cast count against, according to Belo's filing. Additionally, Fairpointe Capital, which owns 6.1% of Belo's shares and has 3.3% of its voting power, owns both Belo and Gannett shares and is happy with the deal, according to Thyra Zerhusen, manager at Fairpointe.

Madison Square Garden to Sell Fuse Cable TV Network

Madison Square Garden Company, the sports and entertainment company that owns the namesake arena in Manhattan, is looking to sell its music-TV channel Fuse.

"We have been approached by certain parties expressing interest in Fuse and have retained JPMorgan to explore all strategic alternatives," the company said. Fuse could be worth $300 million to $400 million in a sale, said Amy Yong, an analyst at Macquarie Group, who has the equivalent of a buy rating on MSG shares. Selling Fuse would let the company's TV business focus on its more lucrative sports networks, which carry New York Knicks and Rangers games. The music channel, which reaches about 64 million households, competes with networks such as Viacom's MTV and VH1 and Mark Cuban's AXS TV, not to mention increasingly powerful music platforms on the web such as Vevo. Fuse charges pay-TV providers about 6 cents per month per customer, according to research firm SNL Kagan.

Verizon wants a national TV audience

Apparently, Verizon is having conversations with major programmers about how to bring its FiOS programming service to a national audience.

Such a move would ape similar attempts by Comcast and Dish to gain control over TV channel rights that go beyond their existing footprint in the event the business goes through a radical shift. The radical shift would mainly be a change in how customers access their pay TV — away from a locally connected fiber-optic network toward a broadband service. “They’ve had exploratory talks about how to become a virtual [multiple-system operator],” one person close to the conversations said. “It’s a question of how to get there.” CEO Lowell McAdam and his executive team also needs to figure out which branch of government controls oversight of broadband, sources said. It is also noodling whether it needs programmer deals first before it goes to market, and whether it should first market its TV Everywhere product and then open it up to consumers beyond its base of five million subscribers. Verizon already has a streaming service that it operates in concert with Redbox.

Aereo Tells Judge Not to Mind FilmOn Injunction

A federal judge in DC granted TV broadcasters' motion for an injunction against Alki David's FilmOn X. In a pending case against Aereo, notice of the ruling was given. Hearst Stations, owner of ABC affiliate WCVB-TV, told its Massachusetts federal judge of what happened. Attorneys for Aereo responded with their own interpretation. It represents a look at what one digital service (Aereo) thinks of another (FilmOn) and how Aereo sees the DC judge's interpretation of copyright law.

Aereo bulletpoints a list of reasons why US District Judge Nathaniel Gorton shouldn't put too much importance in what the other judge said. First, of course, is that the technology is allegedly different. The DC judge is also said by Aereo to have misinterpreted copyright law by looking at the commercial nature of an enterprise to determine whether a performance is public or private, misused her terminology ("the Opinion improperly conflates 'work' with 'performance,') and ignored other authorities. Among what was ignored as allegedly relevant was a 9th Circuit ruling concerning Dish's ad-skipping Hopper service that emphasized "the importance of the user's volition." But our favorite reason has to be that the 2nd Circuit knows best.

Press Pressed By Fractious Retransmission Factions

Washington (DC) was the land of dueling press conferences on Sept 12.

The American Television Alliance held a conference call to say that there was a critical mass of congressional support for fixing the broken retransmission consent regime and that the question now was not whether but when. The National Association of Broadcasters countered with their own press conference. One suggestion on the call was that "when" would likely be when Congress weighs in on the re-authorization of the Satellite Television Extension and Localism Act at the end of 2014. Michael Calabrese of the New America Foundation, which was among the petitioners to the Federal Communications Commission for retransmission reform, said broadcasters should not be able to black out viewers and "hold viewers hostage for higher retransmission fees." He said it was not a contract dispute between equally evil--he amended that to "equally greedy" industries. He said that difference was broadcasters public interest obligation "that is paid for by the public already in free spectrum." John Breyault, VP of public policy at National Consumer League, who was also on the ATVA call, said the focus should be on consumers, not broadcasters or cable operators.

Why A La Carte Cable Could Kill TV’s Golden Age

The system may be broken, but television executives and industry analysts argue that an a la carte world would be detrimental to the quality of programming and could even end the so-called “Golden Age of Television” viewers are currently enjoying.

“The subsidies that come from bundling are a big part of what has contributed to the ‘TV revolution,’ both creatively and financially,” said Dr. Philip Napoli, an associate professor of communications and media management at Fordham University Schools of Business. “The production costs for a show like ‘Mad Men,’ which has never drawn a particularly large audience, can be justified in part by the fact that millions of households that never watch ‘Mad Men’ are funding its production through their basic cable subscription to AMC.” The current model supports multiple revenue streams, including advertising and carriage fees from cable companies. To maximize profits, companies like Disney bundle less viewed channels like ABC Family with more popular ones like ESPN. But fiddle with the formula and the landscape could shrink. In an a la carte scenario — or a new alignment that allows cable companies to buy or offer smaller packages — only the strongest channels may survive.