The American Cable Association isn’t inconvenienced by Senior Vice President Ross Lieberman being blocked from access to confidential information connected to Comcast/Time Warner Cable and AT&T/DirecTV deals, said a joint filing from content companies. Lieberman can’t look at confidential information on the deals because of an objection that the content companies, including CBS, Disney and Viacom, filed against his seeing video programming confidential information. The structure of the FCC protective order for the deals means those blocked from VPCI are also blocked from other levels of confidential information, attorneys have told us. ACA has nine other representatives who are able to access the information, the content companies said. Though ACA had pointed to a Comptel in-house counsel's being allowed access to the information as evidence that Lieberman’s blocking was unfair, the content companies said they refrained from blocking the Comptel lawyer because the matter is connected with a pending U.S. Court of Appeals for the D.C. Circuit decision. “If the Court-ordered stay is lifted, the Content Companies expressly reserve the right to assert appropriate objections to any request to access VPCI filed while the stay was in place,” said the content companies.
FCC Commissioner Mignon Clyburn is “hopeful” the NFL's announcement Monday that it will suspend TV blackouts for 2015 is “a sign that the League will ultimately make this suspension permanent,” she said in a statement Tuesday. “The FCC’s decision last September to eliminate its own rules supporting sports blackouts laid the foundation for this pro-consumer action,” she said. NAB "applauds" the NFL decision, the association said in a news release Tuesday. "We want all fans to have access to NFL games, and not just those who can afford a pay-TV service," it said.
Epix is launching its application with Xbox One to expand availability of its four channels to authenticated subscribers, said the programmer in a news release Tuesday. The app also includes availability of 3,000 other on-demand titles.
AOL expanded its deal with FourthWall Media, expanding the reach of AOL’s video buying platform to about 2 million U.S. households across 90 designated market areas, FourthWall said in a news release Monday. It said the approach provides a more complete assessment of viewing patterns, so advertisers can get a better idea of where they should spend their money. AOL uses a viewership scoring metric, tRatio, which is integrated into its video buying platform and identifies how precisely targeted each TV network, daypart and program is to the marketer's customer target, and predicts consumer responsiveness, FourthWall said.
The U.S. recording industry had the fifth straight year of “relatively flat revenues,” said a RIAA report, which pegged total 2014 U.S. recorded music revenue at $6.97 billion, versus $7 billion in 2013. Digital streaming retail sales surpassed CD disc sales for the first time, as CD revenue fell 12.7 percent to $1.85 billion at retail value, while streaming revenue grew 29 percent to $1.87 billion, said RIAA. Streaming revenue growth had increased across the board, said RIAA. Paid subscription services jumped 25 percent year over year to $799 million, and revenue from ad-supported on-demand services grew 34 percent to $295 million. Digital downloads had the largest revenue share in the music industry last year at 37 percent, or $2.58 billion, an 8.7 percent decline from 2013, said the association. Sales of digital album downloads declined by 6.6 percent, while digital track sales dropped by 10.1 percent. The total value of digital downloads, subscriptions and streaming was $4.5 billion, a 3.2 percent increase over 2013, said RIAA. CDs were by far the highest percentage of physical media sales at 82 percent, but vinyl LPs continued their upward trend, jumping 49 percent to $315 million in 2014, said RIAA. Vinyl singles pulled in $5.9 million, music videos $90.5 million, DVD Audio $2.1 million and Super Audio CD $800,000, said RIAA. Total physical media sales were $2.72 billion, it said. By share, digital downloads had 37 percent of U.S. music industry revenue in 2014; physical media, 32 percent; streaming music, 27 percent; and ringtones, 1 percent, said RIAA.
Cable and Internet service providers earned the lowest overall customer experience scores out of 20 industries including airlines, fast food chains, insurance carriers, utilities and wireless carriers, the 2015 Temkin Experience Ratings found. While cable TV and Internet providers have been at the bottom of the ratings for the past three years, this year the scores hit an all-time low, the ratings showed. Comcast was not only the lowest-scoring cable service and Internet provider, but it was also one of the lowest-scoring companies in the entire survey, listed at No. 289 overall out of 293 companies for its Internet service and ranked 291 overall for its cable service. To generate these ratings, Temkin asked 10,000 U.S. consumers to evaluate their recent experiences with a company across three dimensions: success, effort and emotion. Temkin then averaged the three scores to produce each company's Temkin Experience Rating.
Conditions from Comcast's buy of control in NBCUniversal require Comcast to sell NBC content to Apple's over-the-top service, emailed Guggenheim Partners analyst Paul Gallant investors Tuesday. The conditions require NBCU to sell its programming to online video distributors at comparable rates to other programmers, and Apple already has deals with Disney and Fox, Gallant said. “Apple could use the condition to obtain NBCU programming that is comparable to whatever Apple acquired from Fox, Disney, etc.” If Apple made the transaction condition argument, the FCC likely would need to decide what is “comparable programming” and “economically comparable terms,” Gallant said. “The potential for regulatory delays might be a deterrent for Apple to pursue the regulatory enforcement angle.” The FCC OTT multichannel video programming distributor rulemaking “shows the agency is highly focused on promoting OTT competition and probably would move quickly on any Apple complaint,” he said. Comcast didn't comment.
Eight in 10 U.S. households have at least one HDTV set, and 52 percent have multiple HDTVs, according to data from Leichtman Research Group. LRG said the multiple figure is up from 46 percent five years ago. The budding Ultra HD TV market is at 1.6 percent U.S. household penetration, analyst Bruce Leichtman told us. Of the tiny percentage of 4K TV owners, 85 percent reported having an "excellent" experience with the TV and none rated the experience as poor, Leichtman said. Awareness of 4K Ultra HD TV is on the rise at 41 percent, versus 30 percent last year, and 26 percent of those who have seen 4K TV expressed interest in getting one, versus 6 percent who had not seen it, Leichtman said. Of the consumers who bought any TV last year, 38 percent reported having an Internet-connected model. Overall, about 11 percent of all smart TVs in the U.S. are Internet-connected, LRG said. Of the single-HDTV households, 89 percent subscribe to a pay-TV service; but the percentage expands to 91 percent in multi-HDTV homes, LRG said. Roughly a quarter of U.S. households purchased a TV in the past 12 months, mirroring a 20 percent or higher trend in place for the past 11 years, Leichtman said. “While HDTV now seems commonplace in the U.S., much of the growth of HD has come in recent years,” Leichtman said, as more than a third of households have bought their first HDTV in the past five years. The phone survey of 1,231 adults in the continental U.S. was conducted in January and has a margin of error of plus or minus 2.8 percent.
Dish Network filings claiming to have uncovered “new evidence” that Comcast and Time Warner Cable are competitors doesn’t live up to its billing, Comcast said in a reply filing in docket 14-57 Monday. Dish had claimed that confidential documents submitted by Comcast showed that the cable giant had examined starting its own out-of-footprint over-the-top (OTT) service that would have been in competition with TWC’s video customers. Those claims “founder on the rocks of logic and fact,” Comcast said. The internal documents that Dish mentions confirm that “while Comcast has reviewed the prospects of offering an OTT product, Comcast has consistently rejected its business viability and has concluded not to offer such a product,” Comcast said. “Consequently, there is no actual or potential horizontal competition between Comcast and TWC.” Even if Comcast or TWC were considering entering the OTT business, it wouldn’t necessarily put the two in competition with each other, Comcast said. “Given the proliferation of actual OVD [Online Video Distributor] competitors and potential OVDs, it is impossible to conclude that Comcast or TWC could be a uniquely important OTT competitor out of footprint,” Comcast said. The documents highlighted by Dish “only reinforce some of Applicants’ core public interest rationales for the transaction," Comcast said.
The Digital Entertainment Group added 12 new member companies, the group said Tuesday. They are Alchemy, Comcast, DirecTV, DreamWorks Animation, Imax, MGM, Playster, Sellthru Co, The Orchard, Testronic Labs, Verizon Digital Media Services and Yekra, the DEG said. "These new companies represent diverse areas all serving the home entertainment industry -- from cable providers, content providers, consumer electronics, cloud storage solutions, streaming services, content distribution, quality assurance solutions and wireless solutions," it said. "Just as the industry evolves, so must the DEG.”