The cable industry is resisting having to keep its channel lineups in online public inspection files. NCTA and the American Cable Association are advocating against the requirement, which was backed by a variety of broadcast and local franchising authority interests (see 1805310060). In a docket 18-92 posting Thursday, NCTA said cable channel lineups are available in numerous ways, making a public files requirement "outdated, unnecessary and unduly burdensome." ACA said operators have incentives to disseminate channel information or risk the loss of potential or existing customers. Company websites, on-screen guides and paper guides are easier to access than the FCC online public inspection file database, said the filing posted Friday. The cable groups urged eliminating the requirement that a current listing of channel lineups be maintained at a system's local offices.
Nearly 40 percent of U.S. broadband households own a streaming media player, said a Thursday Parks Associates report. Amazon’s share of the category advanced 4 percent year on year in Q1 to 28 percent, nibbling away at Google’s share (14 percent) while Roku held steady at 37 percent. Apple’s share leveled at 15 percent, and TiVo’s held at 1 percent. Analyst Kristen Hanich attributed the devices’ popularity to contemporary and friendly user interfaces, wide app support and affordability, which makes them easier to replace than a TV. Consumers ranked Roku first in several categories of usability, while Apple led in gaming and ability to buy content. Amazon’s Fire TV moved up to second place in ease of setup and approached Apple in ease of finding and buying content to watch. More than half of U.S. broadband households own a smart TV, setting up a two-lane competition for streaming eyes, as usage of gaming consoles for video has waned, said Parks.
NAB and the Alliance for Community Media back eliminating a requirement that cable operators keep at their local offices a paper listing of the channel lineup, saying online access makes more sense. NATOA had argued the same (see 1805300092). In a docket 18-92 filing Thursday, NAB said only cable operators' online public files are easily accessible and required to be accurate, while their company websites aren't required to have channel lineups or that they be up to date. Also backing keeping lineups in online public files, ACM said there might be an economic disincentive to providing complete information about public, educational and government channels since they don't generate revenue for the MVPD, and "a reasonably recent history" of full channel lineups should be kept.
Comcast Xfinity customers can find local showtimes and order movie tickets on TV using their X1 voice remote via a partnership with Fandango, said the companies Wednesday. The deal began with Jurassic World: Fallen Kingdom, and more movies will be added during the year.
The Antitrust Division should prod the FCC to eliminate network nonduplication and syndicated rules and to clarify material degradation and buy-through rules apply only to must-carry stations, said the Center for Individual Freedom in a letter to DOJ Tuesday. CFIF said that would allow free-market governance of carriage terms of stations and likely cut pricing. It said there's no justification for regulating carriage conditions when a broadcaster elects retransmission consent. The FCC didn't comment. An NAB spokesman emailed that the agency "has conducted multiple reviews of retransmission consent and concluded there is no justification for government interference in a free market negotiation process" and "broadcasters and pay-TV providers have every incentive to reach successful retrans agreements [which is] why 99 percent of these deals are concluded successfully, with no drama and no disruption of service to viewers.” DOJ has a Thursday roundtable on anticompetitive regulations.
Requiring cable operators to keep a current listing of channels available on their systems at their local offices is unnecessary, since people are unlikely to go to the office for such material when it's more convenient online, NATOA said in an FCC docket 18-92 posting Wednesday. It said retaining "a reasonable history" of that lineup in online public files would serve customers wanting that information and give the FCC and local franchising authorities means to verify compliance with franchise agreements and customer service standards.
Comcast/Fox likely has an easier route to antitrust approval than Disney/Fox, New Street Research said in a note to investors Tuesday. The analysts said both potential deals raise horizontal issues because Comcast and Disney have programming assets, but the Disney deal is potentially riskier due to the theatrical release market. They said there could be a Clayton Act problem with the Murdoch family having control of Fox's broadcast assets while also significant interest in or even a board seat on an entity that controls ABC. That Disney isn't an ISP or MVPD makes Disney/Fox less a vertical issue, but DOJ generally doesn't challenge vertical deals anyway, and Comcast/Fox likely doesn't raise big vertical red flags since Comcast doesn't have a national footprint, wrote the analysts. Neither deal seemingly will require FCC approval, they said, noting Disney/Fox could face smoother sailing politically due to Trump administration antipathy to Comcast/NBCUniversal. New Street said a DOJ loss in its bid to block AT&T's buy of Time Warner helps both Disney and Comcast, but Comcast especially since DOJ will be particularly timid about opposing similar vertical deals, while a Justice win would hurt Comcast more because the agency might see it as a judicial mandate to bring more such suits. Others see Comcast/Fox having a likely easier time getting government approval (see 1805240034).
The U.S. District Court in San Diego doesn't have subject matter jurisdiction to handle Charter Communications' first amended complaint against a California municipality since that complaint fails to establish complete diversity, the city of El Centro said in motion to dismiss (in Pacer) Thursday. The docket 18-cv-00679-AJB-PCL filing also said even if the court finds it has jurisdiction, it should abstain from exercising it in this case and let Charter challenge the citations in state court. Charter didn't comment Friday. It and El Centro are suing each other over a blackout of Northwest Broadcasting stations on Charter's lineup, and seeking dismissal of each other's complaints (see 1805240006).
A Comcast play for Fox nonbroadcast assets might carry less antitrust risk than Disney's bid for Fox assets, wrote International Center for Law and Economics Executive Director Geoffrey Manne in an issue brief Wednesday. Comcast said Wednesday it was preparing a bid for the Fox assets (see 1805230019). Comcast/Fox would be largely vertical, while Disney/Fox would be predominantly horizontal, and it's generally easier to get antirust approval for vertical deals, he said. That DOJ is challenging AT&T/Time Warner doesn't mean the agency has become more hostile to vertical deals overall, he said, saying the foreclosure effects that were a big part of DOJ's harm theory in AT&T/TW would be smaller or non-existent in Comcast/Fox. He said the theatrical film market is "undeniably competitive," with Disney as the largest major studio having 22 percent of the market last year. He said Comcast being an ISP as well as cable service cuts anticompetitive risks because New Comcast would have a bigger incentive to license content to even rival online video providers and drive broadband service. Meanwhile, Disney/Fox would give Disney a considerably large share of box office proceeds and link Fox's regional sports networks with Disney's ESPN, raising the risk New Disney would act anticompetitively on sports programming.
The FCC Media Bureau -- which in October dismissed The Word Network complaints that Comcast violated the nondiscrimination condition of the FCC's approval of Comcast's buy of NBCUniversal or the financial interest provision of Communications Act Section 616 (a)(1) (see 1710270025) -- also dismissed TWN's complaints it violated the exclusivity or unfair practices conditions. In a docket 17-166 order posted Thursday, the bureau said TWN's complaint was vague and inconsistent about whether Comcast sought exclusive or nonexclusive digital rights to TWN content, and it doesn't even allege Comcast demanded online distribution rights but merely asked about them. That TWN didn't make a case that Comcast demanded exclusive digital rights makes the unfair practices complaint moot, the bureau said. TWN outside counsel didn't comment.