Municipal code taking effect April 1 and requiring all telecom providers with facilities in city rights of way to pay compensation for ROW use isn't a cable franchise fee, Rochester, New York, emailed us Monday in response to NCTA's naming it as an example of cities violating or exceeding franchise fee caps (see 1903140068). Rochester said before the new code, the city "has been arguably inconsistent" in ROW management, with different utilities and telecom providers paying different levels of compensation. The code establishes a uniform compensation requirement reflecting reasonably approximate costs for the maintenance, operation and management. "We are not 'double billing' Charter" Communications, it said.
Cable interests continue to urge the FCC to eliminate the requirement to provide leased access on a part-time basis. In a docket 07-42 posting Thursday, NCTA, Charter Communications and Comcast recapped a meeting with aides to Commissioners Jessica Rosenworcel and Geoffrey Starks at which the cablers said the agency should at least simplify its existing rate formula for leased access channels on the basic tier. They said part-time leased access activity is "particularly burdensome" because it consumes sizable staff resources when in most cases, applicants end up not actually leasing time. Cable interests also talked to the offices of Chairman Ajit Pai and Commissioners Brendan Carr (see 1903120070) and Mike O'Rielly (see 1903080056).
Congress imposed fiscal restraint on franchise authorities with Cable Act's Section 626(c)(1)(D) covering franchise renewal standards, and the statutory cap on franchise fees under Section 622, with the two being complementary, not one superfluous, NCTA said in an FCC docket 05-311 posting Friday. It said Congress authorized franchise fees of up to 5 percent of cable service revenue, but most franchising authorities wrongly view that cap "as a floor for monetary payments before adding on costly in-kind exactions -- rather than as the ceiling that Congress intended." It said valuing the "actual cost" of free or discounted services required by franchising authorities wrongly ignores opportunity costs. A Further NPRM asks about further capping some LFA mandates (see 1812200042).
Comcast will launch a $5 monthly streaming platform, Xfinity Flex, for its broadband customers. It said Thursday Flex will be available starting next week and allow streaming of content from subscription services like Netflix and HBO and from free services like YouTube and Pluto, plus music from Pandora and iHeartRadio.
Altice USA is in compliance with requirements attached to its Cablevision purchase mandating no layoffs of its customer-service workforce through 2020, the New York Public Service Commission emailed us Thursday. The state said it continues to review Altice filings to ensure compliance. It said jobs at News 12 aren't considered "customer facing" under the PSC-approved agreement, which prohibits layoffs or other involuntary reductions of customer-facing jobs in the state. Cablevision founder Charles Dolan asked the agency about Altice compliance (see 1903190024).
Beyond the FCC's April 12 vote on axing its requirement cable operators maintain hard copies of their channel lineups in their local offices (see 1903210062), the agency's current look at leased access revision, electronic delivery of notices to cable customers and the scope of local franchise authorities is aimed at "ultimately delivering a more modernized set of regulations," Chairman Ajit Pai told America's Communications Association members Thursday. He didn't give specifics on timing. Two eighth-floor officials also told us timing of those other media modernization items isn't clear.
Xfinity created voice commands and smart bulb integration for the X1 remote tied to the NCAA Men’s Basketball tournament, it said Wednesday. Beginning Thursday, Xfinity customers with the X1 voice remote and either xFi internet or Xfinity home service can see lights mapped to the 68 teams in the tournament. Integration works with color-emitting bulbs from Lifx or Philips Hue, priced under $50 each, the Comcast business said.
Household spending on subscription over-the-top video services has held steady for three years, averaging just under $8 per month since 2016, reported Parks Associates Wednesday. Adoption of multiple services, or expensive services, by some consumers appears to be offset by a large base of consumers who subscribe to one or two relatively inexpensive services, including 30 percent of consumers who don’t spend any money on OTT video services, it said. “The stability in average household spend belies the activity going on under the surface,” and that trend may end this year, said analyst Brett Sappington. Netflix, Hulu and Amazon continue to add subscribers, services such as ESPN Plus are also experiencing “phenomenal growth,” and Disney and AT&T's WarnerMedia plan to enter the fray this summer. Sappington sees three possible scenarios in the morphing market: More households become OTT streaming households, rival services begin to pull subscribers away from Netflix “or that spending number will go up.” The deluge of OTT platforms created more competition for video based on choice and content quality, but even as consumers spend more time viewing digital media, OTT platforms are experiencing a lag in customers’ insights, loyalty and revenue, said Barry Nolan, chief strategy officer, Swrve. OTT platforms need to deliver “the perfect message at the perfect time,” he said.
Cablevision founder Charles Dolan asked the New York Public Service Commission to look into Altice USA's compliance with conditions the PSC put on the 2016 buy of Cablevision. In a letter Tuesday to the state, Dolan said Altice potentially "has flouted its commitments" by its layoffs of close to 70 workers at Cablevision's News 12 subsidiary. It said a finding that Altice violated the conditions should be met with an order it restore or replace the terminated workers and should bar further staff reductions. The layoffs are also subject of Dolan family litigation in Delaware Chancery Court against Altice (see 1809050032). Altice emailed that it "continues to invest in News 12 and we are pleased with the network’s ongoing achievements, including growth in ratings and digital viewership," "has met all of its workforce commitments" and is "in compliance with our merger agreement.”
The market for children’s programming “has changed significantly in recent years, including a marked shift to online consumption,” Viacom and NCTA told an aide to FCC Commissioner Mike O’Rielly Wednesday, per a filing Monday in docket 17-105. Modernize rules to “provide non-broadcast program networks greater flexibility to serve their audiences,” they asked.