October 2014

HBO Explores the ‘How’ of Streaming Option

Time Warner’s HBO is exploring various routes to offer consumers a stand-alone streaming video service, including as an add-on to broadband packages or through technology partners such as Apple, Microsoft and Amazon, according to people familiar with the matter.

HBO is positioning the online service to its current partners -- including cable giants like Comcast -- as something that can generate new growth for both sides. The company believes cable providers could market it aggressively to their broadband customers who don’t have pay-TV service. HBO doesn’t believe that would eat into the traditional pay-TV business, where it still sees plenty of growth in the offing. What’s more, HBO believes cable and telecom companies will gain as users upgrade to faster Internet connections to handle streaming video. HBO also sees a potential opportunity to offer the online service through streaming devices like Apple TV, Microsoft’s Xbox, Roku and others.

European telecoms: hold the line please

European telecommunications companies that operate in countries with four or more competitors have generally had poor profitability. That does not concern regulators, although the resulting low rate of investment should. But regulators are slowly changing their tune on consolidation, for example allowing Telefonica’s purchase of E-Plus in Germany in July. That is good news for a sector whose shares have underperformed the market over the past decade. Both incumbents and challengers have struggled with the current structure. In particular the mobile operators have taken a hit. In the US, the decline has been less dramatic. And while US telecom investment has boomed since 2008, in the EU it has hardly changed. More consolidation could change that. Yet, even if the EU softens its stance further, the process will take time.

Let the Internet Take On Cable

[Commentary] Federal Communications Commission Chairman Tom Wheeler wants to allow businesses like Aereo and Sony to register as cable companies. This would allow those companies to strike deals to carry the TV stations owned by media businesses like Viacom, NBC and Time Warner. This is a good step and should provide consumers more choices. But even if the FCC were to adopt Wheeler’s proposal, it would be naïve to expect big changes right away. Still, giving more companies access to TV channels will shake up the cable and media businesses.

You are what you Facebook ‘like’

To Facebook -- the 1.35-billion-user behemoth where we increasingly record our daily choices -- no person, comment or casual thumbs-up is isolated: Everything is part of a larger pattern.

Facebook is inferring millions correlations, based on billions of disparate data points, predicting any number of user behaviors. In many cases, it’s also selling those data points back to advertisers, political campaigns and other people who are interested in manipulating all the tiny daily choices you make. In an update made to Facebook’s ad platform in May, the site released a trove of new, anonymized data to advertisers, showing them -- among other things -- the demographics and “liked” pages of potential customers, the better to help companies learn their “interests and behaviors.”

What’s in a ‘scoop’? The White House has a strategy for that.

US Presidents, of course, have long manipulated select members of the news media with “exclusives” designed to maximize an announcement’s impact and enhance the administration’s standing. The Obama White House is no different, but it has played the game a little differently.

It doles out scoops irregularly, White House reporters say, and does so primarily to news outlets with a perceived expertise or special authority on a topic. In effect, it follows a strategy of market segmentation, steering leaks to a very short list of strategically valuable publications and journalists. Meanwhile, the rest of the media, including journalists the White House deems especially tough or ideologically hostile, are left to chase the day’s official leak.

Highly-wired millennials remain wary of taking their politics offline

New research from Harvard Institute of Politics on the political attitudes of young Americans paints a picture of a population that is digitally connected to the outside world but wary of putting their political beliefs into action through traditional offline actions, such as attending a protest or volunteering for a candidate.

According to the study of more than 2,000 18-to-29 year olds, young people in the United States are nearly universally connected, often in multiple ways. Some 94 percent report having an Internet connection at home, and 88 percent say they have a mobile phone. Eighty percent have a Facebook account, though social-network participation drops off sharply from there: Google+ stands at 45 percent, Instagram 39 percent, Twitter 38 percent, Pinterest 30 percent, Snapchat 28 percent, and Tumblr 13 percent. But the Harvard poll finds that young Americans are unlikely to get involved in conventional channels of offline politics, even with time or interest to spare.

Why Netflix sends 'Orange is the New Black' to the Library of Congress on videotape (And why the library hopes that's going to change)

After companies shut down and collectors lose interest, the Library of Congress is supposed to keep our cultural history intact. But digital media has turned our understanding of preservation on its head.

It’s no longer enough to just get "a copy" of something. The Library's processes are, by the standards of 21st century media consumption, antiquated. Netflix has to print special VHS copies of their streaming hits like Orange Is the New Black and House of Cards for copyright consideration. Writers, musicians, filmmakers, and other artists regularly register their work with the US Copyright Office in order to make it easier to sue for infringement, and as part of the process, they send a copy -- for video, a physical copy -- that’s examined by registrars and then stored by the Library of Congress. It’s in studios’ interest to do it as quickly as possible, in whatever format is available, well before a show is pressed to Blu-ray and put on store shelves -- whether we’re talking about Netflix or traditional producers. These physical copies aren’t the final storage method -- they’re a way to get the file to the library, which then uploads them to its database.

Why Some Comcast/TWC Deal Concerns Don't Matter: Analysts

In a note to investors, BernsteinResearch says it still expects the Comcast/Time Warner Cable merger to be approved by the Federal Communications Commission -- with conditions -- and close by the end of first quarter 2015 or the beginning of the second quarter.

While it notes that sentiment has become more negative on the deal following the FCC's stopping of the shot clock on the transaction, it suggests that and other concerns of investors are overstated. The BernsteinResearch team, led by senior analyst Paul de Sa, points out that procedural disputes like those that stopped the clock -- access to contracts, incomplete filings -- are typical in large and controversial mergers. They point out that the clock was stopped once for the Comcast/NBCU merger and twice for the Verizon/SpectrumCo deal (both of which were approved). They also downplay the concerns that the FCC may establish a speed threshold for the Internet access marketplace, arguing that the competitive marketplace is local, not national, and offered speeds are not relevant. They say proving market power in interconnection would be tough.

Verizon will pay $64 million to settle claims over Family Plan over-billing

Verizon will pay up to $64.3 million in cash and phone credits to resolve a long-running class action lawsuit that accuses the phone giant of cheating subscribers to its Family SharePlan, which offered a way for members to share minutes and call each other for free.

According to a proposed settlement filed in New Jersey, Verizon subscribers who belonged to a family plan between 2001 and 2006 will begin receiving notifications once the judge approves the preliminary arrangement. The underlying lawsuit claims that Verizon over-billed plan members in one of two ways: 1) by charging plan members for “in-network” minutes that were supposed to be free; 2) by charging the addition phones included in the Family SharePlan 45 cents a minute for exceeding an allotted monthly allowance, rather than the 25 cents that was charged to the primary phone in the plan. The settlement calls for Verizon to pay $37.5 million into a fund that will be distributed as cash or phone bill credits to both groups. It also calls for the company to supply members of the “in-network” group with PIN numbers that can be used for domestic or international calls, and are valued at $27.5 million dollars under the deal.

Comcast agrees to $50 million settlement in 11-year-old class action antitrust suit

Comcast has agreed to pay $16.7 million and provide services worth another $33.3 million to end an 11-year-old class action lawsuit in which Philadelphia residents alleged that the company violated federal antitrust law.

Filed on December 8, 2003, the suit claimed that large cable companies such as Comcast “divided and allocated markets through a series of agreements ‘swapping’ customers and ‘clustering’ cable systems in geographic areas. Such conduct has allowed a cable company, including Defendant, in a particular ‘cluster’ to acquire or maintain monopoly power, raise prices, engage in anticompetitive conduct, and limit choice for cable consumers to effectively the only game in town -- the cable services of the 'cluster' monopoly cable company.” The case went through many twists and turns over the years, including a Supreme Court ruling in favor of Comcast in March 2013. The plaintiffs, who had been seeking $875 million, kept the suit going by moving to re-certify a narrower class of alleged victims. Comcast still denies the allegations but agreed to a proposed settlement.