[opendtv] Does Netflix/Comcast Deal Remove Obstacle To TWC Merger? - Forbes

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Mon, 24 Feb 2014 10:30:49 -0500

And the plot thickens!

Looks like Comcast wants to play nice with Netflix to help lube the Political 
process to get the TW merger approved.



Does Netflix/Comcast Deal Remove Obstacle To TWC Merger?

Comcast announced a deal that improves the quality of the online streaming that 
Netflix delivers to its 30 million U.S. subscribers. And that deal could remove 
one of several obstacles to regulatory approval of its $45 billion proposal to 
acquire Time Warner Cable.

Unfortunately, the terms of the deal are not clear. Thanks to the popularity of 
shows like House of Cards, Netflix accounts for roughly 30% of broadband 
traffic. Prior to cutting the deal with Comcast, Netflix got access to Comcast 
through so-called content distribution networks (CDNs).

Netflix has three ways to deliver content. According to StreamingMedia, these 
include “Content delivered inside last mile networks via Netflix’s Open Connect 
program, third party CDNs like Level 3 and Limelight Networks, and servers 
Netflix controls outside the last mile.” And according to the Wall Street 
Journal, these CDNs also include Cogent Communications.

And this arrangement has reduced service quality for Netflix streaming media 
customers. “In recent months, Netflix had reported that delivery speed of its 
content to Comcast subscribers had declined by more than 25% — resulting in 
frequent interruptions and delays for customers trying to stream television 
shows and movies delivered through Netflix,” according to the New York Times.

The terms of the deal between Comcast and Netflix are not clear. But it appears 
that Comcast will connect directly with Netflix — which will mean that CDNs 
like Level 3 and Limelight Networks will no longer be getting the same fees 
from Netflix.

Simply put, Netflix will pay Comcast to stream its content at a specified level 
of service — through what is known as a Service Level Agreement (SLA).

Is Netflix paying more and will it pass those higher costs on to consumers? The 
answer depends on whether the amount it is paying Comcast is greater than what 
it saves by not paying the CDNs. StreamingMedia said, “While I don’t know the 
price Comcast is charging Netflix, I can guarantee you it’s at the fair market 
price for transit in the market today and Comcast is not overcharging Netflix 
like some have implied.”

Although it is unclear whether they will be enforced in the case of the 
Comcast/TWC deal, the U.S. still has antitrust laws on its books. One of the 
key principles of those laws is that competition is good because it leads to 
ever improving products and services for consumers. And that improvement should 
take two forms: better quality and lower prices.

And by that measure, market share leader Comcast itself is already failing. 
After all, as I wrote on February 19, it is the worst when it comes to customer 
service and its prices are rising several times faster than the rate of 
inflation. TWC — number two in market share — is nearly as bad when it comes to 
service quality.

And combining these two will certainly lead to greater economic power when it 
comes to negotiating with content providers who seek access to Comcast’s 
platform which will control half the market if the deal goes through.

All that bargaining leverage could force companies like Viacom, CBS, and Disney 
to pay less to Comcast. But there is nothing from stopping those content 
providers from demanding that advertisers pay more to access consumers — and 
for advertisers to pass this higher cost onto consumers by raising prices 
and/or reducing the size of what it sells to consumers while keeping the price 
the same.

Moreover, with less competition there is little incentive for a much bigger 
Comcast to innovate or to tamp down its price increases. I seriously doubt that 
Comcast will reduce its R&D expenditures and pass the money onto consumers in 
the form of lower prices. Instead, that money could go back to shareholders in 
the form of dividends or share buybacks.

But one obstacle to the merger before the deal between Netflix and Comcast was 
the possibility that Comcast would use its market power to stifle upstarts.

The deal between Netflix and Comcast does not say anything about how Comcast 
might try to thwart the likes of Hulu Plus, Aereo, and Roku HD. But it does 
suggest that Comcast will not try to harm Netflix’s efforts to deliver its 
content to consumers.

However, it does remain to be seen whether Comcast will impose overage fees for 
all the extra bandwidth consumers use for online streaming. For example, in 
Tennessee, Georgia, and Mississippi, Comcast is testing overage fees ($10 for 
every 50 gigabytes (GB) over the allotted 300GB.

The evidence that Comcast’s proposed merger with TWC will hurt consumers seems 
compelling. There is no reason to think that the merged companies’ service 
quality would rise from the cellar or that its price increases would reverse. 
Nor is there any reason to think that the deal will not make it harder for 
upstarts trying to deliver consumers better quality at a lower price.

But the deal between Netflix and Comcast — if it can deliver on demanding SLAs 
— does suggest that Comcast is not set on wiping out Netflix.

Nor does it hurt the deal’s prospects that Comcast has given money to Congress. 
As the New York Times reported, “91 of the 97 members of Congress who signed a 
letter in 2011 supporting the Comcast NBC merger received contributions during 
that same election cycle from the company’s political action committee or 

Is Comcast wielding that clout as it seeks approval of the deal to buy TWC? Do 
antitrust laws still matter?

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