Telecom & Cable Regulation

New at Brainwash

by on December 19, 2005

In my latest Brainwash column, I take on the silly movement for “a la carte” cable programming mandates.

I focus pretty much exclusively on the economics of the situation. Unfortunately, I fear it won’t be terribly persuasive to a lot of the idea’s supporters, because at root, I think the a la carte issue appeals to some deeper emotional issues–people don’t like the idea that “their” cable dollars are going to pay for channels they don’t approve of. That argument doesn’t make a lot of sense, because there’s no reason to think that “family-friendly” programming would do better than the alternatives in an a la carte world, but when has an economics lesson ever changed anyone’s mind about a “moral” issue? As Adam has argued, the fundamental goal of a lot of a la carte activists is to crusade against smut, not to save consumers money, so the anti-smut activists are unlikely to care that “a la carte” is bad for consumers.

In a previous column about “A La Carte as Censorship,” I noted how some regulatory activists were using a la carte regulation as a Trojan Horse to impose content controls on cable TV. In the last couple of days, “family-friendly” tiers have been “voluntarily” offered by the cable industry as a way to head off a la carte mandates and cable censorship in general. But it’s already clear that this won’t change things much since activist groups and lawmakers are jawboning for specific channels and content to be included or excluded from these tiers.

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After 15 years of covering communications and media policy in Washington, I have found that the most important book to keep handy is not any book of law or economics, but rather a good dictionary. That’s because I constantly need to reassure myself that I haven’t forgotten the true meaning of some words in the English language after hearing how they are used (and abused) by Washington policymakers.

Take the word “voluntary,” for example. It’s a fairly simply word that most of us learned very early in life. I didn’t really feel that I needed to look it up in my dictionary until I started working in Washington. Here in Washington, you see, “voluntary” appears to mean something very different that what we learned long ago in school. Consider this week’s announcement that the cable industry will “voluntarily” be adopting “family-friendly” tiers of programming.

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Cable Franchise Reform

by on December 12, 2005

I’ve got a new article in last Friday’s Kansas City Business Journal on the need for cable franchise reform. My article focuses on the Missouri system, (since I work at a Missouri think tank) but this is an issue that’s applicable across the country. Most states (with Texas being the notable exception) have an outmoded “municipal franchising” regime in which each city government gets to make a soviet-style 5-year plan for cable service in their community. This might have made sense in the 1970s when each community only had one option for pay TV service, but it makes no sense whatsoever when virtually every consumer has satellite as an option, and the Baby Bells are pouring money into building out fiber networks in order to offer a third alternative. Today, the franchises themselves have become a major barrier to entry.

They dealt with this in Texas by replacing the local franchising system with a streamlined state-wide franchise. Instead of having to negotiate with hundreds of city governments for permission to offer video service, you just file a single application with the state government. This is a big step in the right direction–one that other states should emulate.

More on Susan Kennedy

by on December 9, 2005

California Gov. Arnold Schwarzenegger rocked the political world recently with the appointment of Susan Kennedy, Democrat and Public Utilities Commissioner (PUC) as his chief of staff. Republicans might feel snubbed, but Kennedy’s appointment is good for the technology sector.

A thriving technology sector is good for California, and next year key policy issues will affect both consumers and technology companies. These include the so-called “Consumer Bill of Rights,” cable franchise reform, and broadband deployment.

Although the Golden State is home to Silicon Valley, many legislators remain surprisingly unaware of how their actions affect innovation, economic growth, and consumer well being. Now that Susan Kennedy is joining forces with the Governator, that ignorance should start to dissipate.

A hard-working and tough-talking Susan Kennedy didn’t know much about telecommunications issues when she was appointed to the PUC just under three years ago. But after a lot of reading, observing, and discussing, she came to the same conclusion that any honest and informed person would: the telecommunications sector is over-regulated.

Read more here.

Need more proof that the a la carte debate has very little to do with economics and everything to do with content regulation? Well, here’s Parents Television Council’s Brent Bozell in the Los Angeles Times yesterday commenting on his desired outcome of an a la carte regulatory regime:

“Maybe you won’t have 100 channels, maybe you’ll only have 20. But good programming is going to survive, and you will get rid of some waste.”

Well isn’t that nice. Mr. Bozell is fine with consumer choices shrinking so long as what’s left on the air is the “good programming” that he desires. It just goes to show that, as I argued in an essay earlier this week, the fight over a la carte is really a moral battle about what we can see on cable and satellite television.

But is Mr. Bozell correct that a la carte “will get rid of some waste” on cable and satellite TV? As I suggest in my essay, it’s highly unlikely because one man’s trash is another man’s treasure. The networks that Mr. Bozell considers “waste” (Comedy Central, F/X, MTV, Spike, etc.) happen to be some of the most popular channels on cable and satellite today. And it’s likely to stay that way, even under an a la carte regulatory regime.

So, despite the crusade to “clean up” cable, people will still flock to those networks in fairly large numbers. And the channels that Bozell & Co. want everyone to get (religious and family-channels) could be threatened by a la carte if too few people choose to continue subscribing.

A La Carte Fairy Tale

by on December 6, 2005 · 28 comments

I’m baffled by the increasing popularity of the a la carte cable idea. The people supporting it seem not to have given any serious thought to the economics of the situation.

Cable companies are for-profit operations. Each year, they get a certain amount of revenue, (call it R) incur a certain amount of cost, (call it C) and the difference between the two is their profit or loss (call it P). If they lose money consistently, they’ll eventually go out of business.

Now, let’s assume for the sake of argument that P is relatively fixed in the long run. In a competitive market, companies tend to price their products so that they can cover their cost and get a “normal” return on their capital invested. If P rises too high, that will cause more competitors to enter the market (for example, a new satellite network, or build-out of fiber) driving prices back down to the normal level.

Now, what does a la carte cable do? To hear the rhetoric of its supporters, it will allow consumers to save money by only “paying for” the cable channels they use. The hip 20-something will get MTV but not Nickelodean, while the suburban couple with children will make the opposite choice. Since each is saving money by not being “forced” to purchase channels they don’t want, each will see their cable bills drop. In other words, a la carte cable, by the logic of its supporters, will cause R to drop. Cable companies will take in less revenue.

On the other hand, C won’t drop at all. In fact, it’s more likely to go up. The same infrastructure will need to be maintained, and some companies will need to install new hardware to support the a la carte functionality. Customer service costs, too, will probably rise as the ordering process will take longer. In short, the cable companies’ job isn’t made easier in any way by a la carte, so there’s no reason to expect their costs will go down.

But what about subscription fees? Won’t cable companies save money because they aren’t “buying” as many TV channels? Here, too, the savings are illusory. Cable channels are in an even more competitive market than cable TV services, so they don’t have a lot of extra profits from which to cover lost revenues. So if the number of subscribers goes down, they will be forced to raise their subscription rates to compensate. Even worse, because people are less likely to watch as much TV with a la carte, advertising revenues are likely to fall, which means even more will need to be made up through subscriptions.

So we’re left with the conclusion that R will go down significantly while C will stay the same or go up slightly. That’s a fairy tale. Cable companies do not have a giant pot of money at corporate headquarters with which to make up the losses imposed on them by a la carte cable. If forced to adopt a la carte, what they’ll do is simple: they’ll set the per-channel rates to generate the about same revenue as their previous pricing model. Instead of paying $60/month for 60 channels, you’ll pay, say, $10/month for each of your favorite 6 channels. The average consumer’s bill won’t change very much. The only difference is that he’ll be getting a lot fewer channels for his money.

The fundamental issue is that cable channels, like all intellectual property, is non-rivalrous. Once the cable company has set up the necessary infrastructure to deliver 100 channels, delivering 1 channel to the consumer is exactly as expensive as delivering 100. For that reason, it makes sense that every consumer would get every TV channel. Don’t watch MTV if you don’t want to, but it’s not costing you or society anything extra to have it available on your TV.

With a la carte regulation in the news again, I have penned a short new paper on the “Moral and Philosophical Aspects of the Debate over A La Carte Regulation.” In this PFF Progress Snapshot, I set aside the economic issues at stake in this debate and instead focus on the moral arguments that are really driving this debate today, namely: (1) that consumers have a “right” to video programming on any terms they wish; and, (2) that a la carte regulation will help “clean up” indecent programming on cable and satellite television.

To see why neither is the case, read my paper.

Speaking of departures, today another departure from the telecommunications scene was finalized–that of AT&T. The final paperwork was concluded earlier today with the filing of a merger certificate with the New York state secretary of state.

Making things more than a little confusing, the name “AT&T” will not actually be retired–instead the SBC moniker will be leaving the stage. The merged company will take the historic AT&T name.

The most remarkable thing about this is the lack of attention it is getting. The old AT&T was once one of the most powerful companies in the world. And for the past 20 years, its battles (along with MCI and Sprint) with the Bells kept food on the table for hundreds of lobbyists and lawyers. Yet, its final passing–and that of the long-distance industry as a whole, has barely reached outside the business sections of newspapers. The fact is (as argued here earlier this year) the world has moved on. Real competition in the phone business is raging–with wireless firms, cable firms, and Internet providers all joining the fray. This leaves the old AT&T looking somewhat dated, like a rotary dial phone among Blackberries.

It bequeathes no monopoly its new owners–only an object lesson. The new AT&T (which will still be called SBC until Monday) cannot rely on size alone. It–like its competitors–must survive by providing what consumers what. That’s the way it should be.

Two of my favorite media and First Amendment scholars, Thomas G. Krattenmaker and Lucas A. Powe, once observed that “it has become a trivial ritual to observe that telecommunications technologies and media are converging.” But while “convergence” is a buzzword that has been uttered in almost every conversation about technology, communications, and media over the past decade, that doesn’t mean the significance of this phenomena should be casually overlooked or ignored by policy makers, business leaders, or consumers. Indeed, technological convergence is set to upend the entire media universe and public policy along with it.

If you don’t believe me, then you need to check out this excellent new report by Deloitte entitled Digital Convergence: The Trillion Dollar Challenge. The Deloitte report notes that “increasingly substance is displacing the hype” about convergence. They cite numerous examples of how convergence is at work–and with a vengeance–in the technology, media and telecommunications (TMT) sectors.

Rapid convergence for TMT is being driven, they argue, by three underlying trends:

(1) The Proliferation of Digital Data: The general digitization of all information and content in our new economy;

(2) Widespread Connectivity: The tying together of previously diverse information, networks, devices, organizations, and communities; and,

(3) Technological Advance: The unrelenting pace of technological change and innovation–most notably embodied in Moore’s Law–which continues to make everything in the Digital Economy faster, cheaper, smaller and more energy effiecient.

These convergence factors, the report goes on to argue, can be expected to “create new product categories, new markets, and in some cases even change the structure of existing industries–shifting the balance of power and altering the basis of competition. Some companies will win; some will lose; and some will stand idle as the best opportunities pass them by.”

Traditional media and communications companies… are you listening?