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A Match to Watch: Tennis Channel v. Comcast

Back in 2010, we reported on the merger between Comcast and NBC, which was in the works at the time. One of the issues that came up was how programming is chosen.

At the time, the Tennis Channel had filed a suit against Comcast, alleging that Comcast did not make Tennis Channel programming available to as many subscribers as the Golf Channel and NBC Sports (both belong to Comcast). Comcast, under the Communications Act and Commission rules, is required to place channels owned by others on tiers equal to its own similar types of channels and can't play favorites.

The FCC had reviewed the case at various levels for two years (there was an appeal) and finally, in July of this year, issued a decision in favor of the Tennis Channel. The Tennis Channel alleged discrimination, Comcast argued the Tennis Channel was using the FCC to get out of a contract it wanted to escape. According to a Meg James LA Times article:

The FCC ordered Comcast to provide the Tennis Channel with distribution comparable to the two sports channels, which would effectively increase its coverage by about 18 million homes, and force Comcast to pay Tennis Channel millions of dollars more each year in programming fees.

It was the first time that a major cable operator has been found in violation of federal anti-discrimination program carriage rules that were established in 1993.

Comcast was ordered to remedy the situation within 45 days, a window that would make the Tennis Channel available in more homes during one of the biggest tennis events of the year, the U.S. Open in New York. The channel is currently available in about 34 million homes nationally.

Comcast immediately asked for a stay from the remedy, appealing to the U.S. Court of Appeals for the D.C. Circuit. Comcast was granted the stay while the case is argued on appeal. Once again, Comcast's army of lawyers  are strategically using the court as a way to slow down an adversary's remedy.

Antitrust Allegations Against Comcast Nothing New

We have frequently written of Comcast's anti-consumer actions past posts, so we were not surprised to learn that the Department of Justice (DOJ) recently decided to investigate the cable company for antitrust. The borders between antitrust and hyper competitive business practices are grey; Comcast has experimented in the shadows on more than one occasion. We looked into one nine-year-old case, that recently advanced in the Pennsylvania courts. The Behrend v. Comcast class action case began in 2003 against the cable giant. The suit alleges that Comcast violated the Sherman Antitrust Act by building itself into an “illegal monopoly.” The plaintiffs are current and former customers of Comcast and damages are estimated at $876 million, although the amount could be tripled under the Act. The plaintiffs claim that Comcast’s strategy was to “cluster” as a way to eliminate competition and be able to raise rates above the market. “Clustering” involved acquiring the cable systems of other large multi-system operators that operated and offered multichannel video programming distributor service in various franchise areas in the Philadelphia area. There are internal documents, referred to in the April 12 Summary Judgment Memorandum [pdf], supporting the argument that Comcast’s business strategy was to eliminate competition through clustering. Growing by gobbling up smaller entities in the same industry is not a new idea and certainly not illegal on its face. The issues in the 2003 case were how Comcast went about expanding, why they did it, and to what extent they took steps to hinder competition. There was a cable system asset swap with AT&T and the two worked together to divide up the Philadelphia assets of former MediaOne, rather than compete with each other during the bidding process. Other swaps involved Aldelphia, Time Warner, and even smaller operators, like Patriot Media & Communications. Swapping and clustering with intent to eliminate competition may be considered Sherman Act violations.

Ramsey County and Saint Paul Under Fire for Network Plan

If you were judging solely from the reaction of Comcast, you could be faulted for thinking Ramsey County and the city of Saint Paul were making a bold, if risky, investment to bring real broadband to local businesses and citizens in Minnesota's capital. But you would be wrong. Very wrong. The City and the County are paying a company to build them a network to serve their own needs. The City and County are smart to want their own network but this particular approach is a poor one. Let's start with a little background: Saint Paul and Ramsey presently rely on Comcast's network to transfer data files between locations and access the Internet. It is an old cable network, called the I-Net, that is failing to meet the present day needs for the City and County. Because Comcast provides the I-Net at no charge as part of the franchise, they put it up with its inadequacies. But government employees are less efficient than they could be due to this old, unreliable network. For instance, they have to wait for GIS files to crawl across the network. St Paul's telecommunications problems aren't limited to just the I-Net. Even back in 2005, St Paul recognized that the Comcast/CenturyLink duopoly wasn't getting the job done for much of anyone. We had (and still have) the same basic connections that the rest of the country had, limiting our attractiveness for new businesses that have above average needs. So the City created a Task Force that produced this terrific report in 2007 [pdf]. But the economy crumbled and the report was largely forgotten. No one, including myself, stepped up. I have lived in St Paul for 15 years and now own a home here. This has been a failure of leadership from elected officials, staff, and concerned citizens (in that order). Mayor Coleman has utterly failed to do anything but talk about the importance of broadband and the City Council has followed his lead since Lee Helgen lost his seat. A sign of this failure is an announcement that MISO is moving out of St Paul: One of its reasons for moving 90 jobs from St Paul to Eagan was better access to fiber optic connections.

Community Broadband Bits 10 - Vince Jordan from Longmont, Colorado

The tenth episode of the Community Broadband Bits podcast features Vince Jordan, Telecom Manager for Longmont Power and Communication in Colorado. We have long followed the trials and tribulations of this community as they fought through two referenda against Comcast's deep pockets. Now they are expanding their network to connect businesses and residents. You can learn more about Longmont's approach on its website for the project. Our interview discusses some of the history behind the network, reflections on referenda, and the interesting approach Longmont has taken to avoid getting involved in the cable television business while still making sure everyone can view the content they want. Read the transcript of this episode here. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 25 minutes long and can be downloaded here, played below on this page, or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment! Listen to previous episodes here. Find more episodes in our podcast index. Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Chattanooga Gets 150 More Jobs... From Comcast

Just on the heels of Time Warner Cable announcing 81 new jobs in Kansas City in response to the newly competitive environment created by Google's Gig, we learned that Comcast is adding more jobs to its workforce in Chattanooga.

In talking points, the lobbyists and spokespeople for these major carriers often claim that community networks will result in less investment from the existing providers, not more. This is theoretically absurd, as competition drives increased investment. And empirically, we almost always see existing providers invest more as a response to losing their monopoly, not less.

According to Ellis Smith of the Chattanooga Times Free Press, 150 new jobs will be added by the end of the year. Ellis spoke with Jim Weigert, vice president and general manager of Comcast Chattanooga:

"Chattanooga is often at the top, not only in our division but across the country in terms of performance,” Weigert said. “Our strength and record of success made it a contributing factor when they selected a location."

Comcast and others, including AT&T, have had to step up their game in Chattanooga to keep customers who suddenly had a real choice. 

Regardless of whether or not today's Chattanoogans connect to its publicly owned network, they benefit. Consumers get better service, affordable rates, and advanced technology simply because the network has created competition.

Community Broadband Bits 8 - Jim Moorehead of Mendocino County, California

The eighth podcast in our Community Broadband Bits series is a discussion with Jim Moorehead, the Chair of the Executive Committee of the Broadband Alliance of Mendocino County in California. Mendocino is a large, rural county in the northern part of the state that has been left behind by major incumbent providers including AT&T, Comcast, and Verizon. We talk about what steps they have taken to solve their problems and discuss the frustrating state of broadband mapping -- state and federal officials readily accept the dramatic exaggeration of incumbent footprints where broadband is available. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 26 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment! Listen to previous episodes here. You can download this Mp3 file directly from here. Read the transcript of this episode here. Find more episodes in our podcast index. Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Wall Street: Lack of Competition Allows Comcast to Raise Prices Whenever It Wants

A major difference between Main Street and Wall Street is that we view Comcast's lack of competition as a major problem. The prospect of Comcast increasing our rates year after year makes us want to scream. Prepare to scream. Or throw things.

The Lafayette Pro-Fiber Blog alerted us to a piercingly honest analysis from Wall Street. The article on SeekingAlpha.com, titled We-re Big Fans Of Comcast's Cash-Flow Generation captures one of the major policy failures of our time:

Comcast's traditional Cable Communications continues to grow and generate copious cash flow. Video revenue, Xfinity and other cable TV products, grew 2.8% to $5 billion, while High-Speed Internet revenue grew 8.9% to $2.4 billion. We're big fans of the firm's Video and High-Speed Internet businesses because both are either monopolies or duopolies in their respective markets. Further, we believe that both services have become so sticky and important to consumers that Comcast will be able to effectively raise prices year after year without seeing too much volume-related weakness.

Wow.

SeekingAlpha.com, describes itself as "…the premier website for actionable stock market opinion and analysis, and vibrant, intelligent finance discussion."

We want to empower local businesses and communities to control their own destiny. Monopolistic telecommunications companies, with their Goliath market share, Wall Street priorities, and armies of lobbyists continue to attack local control and self-reliance. They are extracting assets from Main Street and shipping it to Wall Street.

Yet we see the FCC, Congress, and many states pretending that the public interest is best served by giving more power to these massive companies. And we will continue to hear industry-funded think tanks claiming that broadband has robust competition and should be subject to less public oversight. Coming soon to an op-ed page near you.

Photo courtesy of JSquish via Wikipedia Commons

Community Broadband Bits 4 - Kevin Kryzda, CIO of Martin County, Florida

The fourth episode of Community Broadband Bits features Kevin Kryzda from Martin County, Florida. We discuss their county-owned network that is saving millions of dollars for the community -- as detailed in our case study published last month. Activists that want to encourage publicly owned broadband in their communities should familiarize themselves with the cost savings and advantages from Martin County's approach. Though Martin County is serving schools, libraries, and public safety, it does not serve residents and businesses with services directly. However, this could be the first step for other communities before they do offer such services to everyone. We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address. This show is 19 minutes long and can be played below on this page or subscribe via iTunes or via a different tool using this feed. Search for us in iTunes and leave a positive comment! Listen to previous episodes here. You can download the Mp3 directly from here. Read the transcript of this episode here. Find more episodes in our podcast index. Thanks to Fit and the Conniptions for the music.

Provo's Publicly Owned Broadband Network Attracts 98 Jobs

Fresno's loss will be Provo's gain. Why? Because Provo built its own network and can meet the modern telecommunications needs of businesses. A company is moving from Clovis, in Fresno County (California), to Provo, Utah. The Business Journal covered the story:
Clovis-based Secure Customer Relations, Inc., plans to move its entire operation to Provo, Utah this month, resulting in the loss of 98 jobs. ... Secure Customer Relations operates a call center that specializes in appointment setting, client prospecting and other functions on behalf of the insurance industry. Overall, the cost of operations in Provo would be a savings over Clovis, Carter said, including labor costs. He added that Clovis does not have the same level of fiber optic infrastructure as Provo.
Interestingly, Clovis is slated to get better access to broadband as part of the stimulus-funded
Central Valley Next-Generation Broadband Infrastructure Project. Unfortunately, that is one of them any middle mile projects that will connect community anchors but not offer any immediate benefits to local businesses and residents. It is a middle mile project, not a last-mile project that would build a fiber-optic access network like Provo has connecting everyone. This is not to demean the middle-mile project, but such things are often misunderstood (sometimes due to deliberate obfuscations by those promoting them). And speaking of obfuscation, the Economic Development Corporation of Utah apparently wants the Utah state government to take credit for this company moving to Provo.
"We move a lot of data and need high capacity," CEO Carter Beck told the Journal last week. His company specializes in appointment setting, client prospecting and other functions on behalf of the insurance industry. The relocation of companies like Secure Customer Relations, Inc.

Greenacres Florida Connects to Palm Beach County Network

In June, the city council of Greenacres, Florida, voted to invest $42,550 to connect to Palm Beach County's fiber-optic network. Greenacres joins a growing list of Palm Beach County municipalities who have data-transmission agreements with the County. Other towns include Palm Beach Gardens, Jupiter, Juno Beach, West Palm Beach, Delray Beach and Riviera Beach.

Willie Howard of the Palm Beach Post covered the Greenacres story earlier this month:

Instead of paying AT&T and Comcast $33,360 annually for transmission lines, the city will pay Palm Beach County $8,400 annually.

"It's basically cost sharing as opposed to revenue generating," said Mike Butler, director of network services for Palm Beach County. "We're not in it to make money."

Thomas Hughes, Finance Director of Greenacres, estimates the savings to the City will amount to $124,800 over five years.

In addition to saving money, Greenacres will have the advantage of increased speed. Currently, AT&T and Comcast provide a 1.5 Mbps connections. The new arrangement will provide 10 Mbps from the County - six times faster at a little more than one third the cost. The City can also feel good about keeping the dollars local and will avoid the uncertainty in dealing with remote and giant AT&T or Comcast.

Palm Beach County sits just south of Martin County, where a municipal network saves the County and school district significant dollars for connectivity. You can download our recent case study on Martin County, Florida Fiber: How Martin County Saves Big with Gigabit Network, to learn more about that network.