Broadband Cable Association of Pennsylvania


May 14, 2012

NBC Broadcasting Chairman Ted Harbert is not a fan of satellite broadcaster Dish Network's new commercial-skipping device, the Auto Hop, which automatically deletes commercials from recorded prime-time programming from the four big broadcast networks. "I think this is an attack on our eco-system," Harbert said on NBC's conference call announcing the network's 2012-13 prime-time schedule. "I'm not for it."

Harbert declined to comment on whether NBC or its parent Comcast Corp. was preparing any sort of legal response to Dish Network Corp.'s new technology. He did say he would have an elaborate message to advertisers and Dish on Monday at Radio City Music Hall when the network presents its fall schedule to advertisers. Introduced last Thursday, Dish's Auto Hop is a component of Dish's PrimeTime Anytime feature on its digital video recorder service, which is called the Hopper. The Anytime feature automatically records the prime-time programming of CBS, NBC, ABC and Fox and stores the content on a rolling basis for eight days.

Viewers who use the PrimeTime feature can use the Auto Hop to literally black out commercials, provided the programs are watched the day after their original airing. The way it works is that the customer pushes a button and then when a commercial break appears, the screen goes black for a few seconds and then the program returns. The Auto Hop can't be used on live programming such as a sporting event that has been recorded. Dish, which has more than 14 million subscribers, is already starting to heavily market the device, even tweeting about it.

The broadcast networks have so far stayed mum about the Auto Hop but in the past have expressed great concern about any device that allows consumers to bypass commercials. While digital video recorders allow a viewer to fast-forward through spots, the commercial images still play on the screen, albeit faster. The Auto Hop gets rid of the advertisements altogether. The Auto Hop is being offered by Dish for use only on broadcast programming, not for shows on cable networks, even though that is technically possible. A Dish spokesman said the reason it is limited to broadcast shows is because those are the shows most frequently recorded by consumers. Whether that decision to offer the device only for a handful of channels provides fodder for a lawsuit will no doubt be revealed in the weeks ahead. Several years ago, the networks sued over a similar device called Replay TV and won on copyright infringement grounds. Wall Street Journal

AT&T Inc. Chief Executive Officer Randall Stephenson said Washington neds to figure out how to clear a regulatory logjam that's hampering wireless growth and forcing companies to raise prices.

The industry is waiting for the Federal Communications Commission to decide on Verizon Wireless's proposed $3.6 billion partnership with cable companies, including Comcast Corp. The review of that agreement, announced in December, is holding up related deals for spectrum by AT&T and others, Stephenson said. The popularity of the iPhone and other smartphones is putting pressure on existing networks, prompting wireless carriers to seek more capacity in crowded markets. The FCC has to sign off on each transaction, and its rate of decision making can't keep pace with the industry's evolving needs, he said. "The industry is just kind of stuck and we're all sitting here watching Verizon-Comcast waiting to see what happens," Stephenson said yesterday in an interview at Bloomberg headquarters in New York. "You have got to make sure we put spectrum in the market. They need to become liquid spectrum markets."

AT&T, based in Dallas, says it faces a shortage of spectrum - the airwaves that let mobile devices make calls and download data. Ever since its $39 billion takeover of T-Mobile USA Inc. was shot down by regulators in December, Stephenson has warned that the constraints on airwave expansion will cause higher prices. When spectrum is tight, the only recourse carriers have is to charge more, degrade quality or throttle service, he said. FCC Chairman Julius Genachowski fired back at AT&T this week, saying that the failure of the T-Mobile deal didn't create an industry shortage on its own. There hasn't been a holdup in the regulatory process, he said. "We have approved hundreds of wireless transactions involving approximately 1,000 spectrum licenses, some involving licenses valued at billions of dollars," Genachowski said in a speech at the CTIA International Wireless show this week.

AT&T won approval from federal regulators for a $1.93 billion purchase of Qualcomm Inc. airwaves in December, three days after dropping its plan to buy T-Mobile USA. Neil Grace, a spokesman for the FCC, declined to comment yesterday. In February, the Wall Street Journal reported that AT&T was in takeover talks with Leap Wireless International Inc., a pay- as-you-go carrier in San Diego. A Reuters report reiterated yesterday that AT&T had held discussions with Leap in recent months, boosting Leap's shares 7.8 percent today. Gregory Miller, an analyst with Collins Stewart LLC, said in February that there was little chance of AT&T buying Leap. AT&T shares rose 1.4 percent to $33.59 at the close in New York. The stock has climbed 11 percent this year.

AT&T, the second-largest U.S. wireless-service provider, says that the industry would push ahead with more spectrum purchases if the government weighed in on Verizon's agreement with cable companies. That deal would let Verizon, the No. 1 U.S. carrier, buy a major swath of unused spectrum from a group led by Comcast. Companies should be able to buy and sell spectrum more freely, letting them better satisfy regional demand, Stephenson said. A carrier in one city may have low market share and more than enough spectrum, while another company has lots of customers and inadequate airwaves to serve them. The government approval process doesn't let the industry make deals quickly enough to meet customers' needs, AT&T argues.

For its part, the FCC is trying to balance the allocation of spectrum so that customers always have several service providers to choose from. The intent is to keep prices down by ensuring competition. Stephenson said that distributing spectrum among competitors who can't use it efficiently doesn't help. The government either has to let companies pool their spectrum or risk pushing underperforming companies out of business, he said. "The industry is going to consolidate whether you like it or not," he said. "If you don't allow consolidation, some companies will go away." Bloomberg