[opendtv] Re: White paper from CEA

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Wed, 26 Oct 2005 16:16:30 -0400

At 2:22 AM -0700 10/25/05, Tony Neece wrote:
>  >Why is it the responsibility of receiver manufacturers to provide a=20
>>product that consumers have shown no interest in? The vast majority=20
>>of consumers have no reason to own such a box.
>
>Now if that were really true, then it follows that there was no need for =
>the
>digital transition at all.  Then broadcasters should never have been =
>allowed
>spectrum for digital transmission at all and all OTA transmission should
>have been shut off as soon as most people had access to either cable or
>satellite.

I do not agree that this conclusion logically follows.

If one were to believe the storyline advanced by broadcasters when 
they asked for the additional spectrum to offer HDTV, the conclusion 
one would draw is that broadcasters were threatened by the 
possibility that their cable competitors would use HDTV to extend 
their competitive advantage. Joe Flaherty of CBS, got this ball 
rolling several years in advance of the request to open the HDTV 
process in 1987.

It was obvious, even back then, that this was not the real threat. 
The real THREATS were land mobile, and the competition from cable in 
terms of programming choice. Broadcasters were concerned that if 
ANYONE got their hands on this beach front property they would 
eventually use it to compete directly with them in the area of TV 
content delivery. At the time, cable was beginning to compete 
directly for viewer eyeballs, and it was clear that - if successful - 
cable would continue to extend their competitive advantage  with more 
channels and services, while broadcasters would still be limited to a 
single program stream.

Logically, broadcasters could have gone to the FCC with a warning 
that they too would need to expand their channel offerings, or the 
OTA service would be threatened with competitive extinction. But this 
argument would have been hollow, as the networks were still in a 
dominant position, and the rational behind the deal for the spectrum 
was to provide communities with a public service -  not to feather 
the nest of a handful of national networks. If additional channels 
were to be allocated, logic would dictate that they should be offered 
to new entrants, not to the existing licensees or the networks with 
which many were affiliated.

In fact, as the economics of broadcasting improved in the early '80s, 
there was an explosion of new channels, with the OTA TV service 
nearly doubling in size from about about 800 to 1500 channels.  This 
expansion did enable the formation of new networks and independent 
outlets.

Asking for more spectrum to enhance the image quality of incumbent 
broadcasters addressed both threats: it derailed the FCC plans to 
allow land mobile to share the broadcast spectrum and  it protected 
the incumbent broadcasters from more competition in the OTA service. 
At the same time, the broadcasters exerted their influence in 
Congress to gain must carry and retransmission consent, which gave 
the networks the leverage necessary to exploit the expansion of cable 
services. This enabled the networks to grown into today's media 
conglomerates, with control over ~90% of the TV audience...again.

Remember, that it was General Innstruments that demonstrated the 
potential to use digital compression to cram more stuff into a 6 MHz 
analog TV channel. GI developed this technology to enable DBS to 
compete with cable by cramming multiple channels into a 6 MHz 
satellite transponder. Thus it was know form the moment that the FCC 
told the Advisory Committee that their mandate was to deliver HDTV in 
a single 6MHz channel, that those channels could also be used to 
deliver multicasts.

While multicasting was known to be possible, it was politically 
incorrect to even discuss the possibility in ACATS and ATSC 
proceedings until 1995, when FCC Chairman Reed Hundt opened the door. 
This was going to be an HDTV service!

The logic was obvious: if broadcasters only wanted to deliver the 
equivalent of NTSC, they could do this in 2 MHz channels. Asking for 
the ability to multicast might be viewed in Congress as an expansion 
of the broadcast franchise, so the goal HAD TO BE HDTV to assure that 
each licensee would get 6 MHz of bandwidth.

After it was clear that the ATSC standard would be adopted and that 
Congress would authorize the simulcast transition being proposed by 
the FCC, SDTV formats and multicasting were slipped in at the last 
moment. I was in the middle of this effort, and can only say that it 
was the ultimate example of the corruption of the entire process.

At this moment in time the FCC could have argued that to protect the 
competitiveness of OTA broadcasting that the spectrum should have 
been used to deliver the equivalent of an expanded basic programming 
service. They COULD HAVE reclaimed all of the broadcast spectrum, 
repackaged it to allow for a service with at least 30 channels, given 
incumbents one of these channels and offered the rest to new 
entrants. But they acted to protect the incumbents instead.

Regarding the ability to hook up multiple sets to cable...

>Not necessarily so.  It can be quite a project to unobtrusively run coax
>about the home.  DirectTV charges an additional fee for each additional =
>STB.
>Doesn't cable also do that?=20

Most homes built since the late '70s have been pre-wired for cable. 
Adding cable outlets can be a hassle, but it is really not that 
difficult.

DBS has no choice but to require a separate STB for each receiver, 
unless you just want to see the same stuff in more than one room. 
Cable has the same problem for their digital tier, but NOT for the 
analog tier; by 1992 only the oldest legacy NTSC receivers were not 
ANALOG cable ready. The 1992 Cable Act made it illegal for cable to 
charge a monthly fee for each set hooked up to the cable distribution 
system in a home. Now cable promotes the use of built-in analog 
tuners as a competitive advantage, to fend off the competition from 
DBS.

So to bring this story full circle, the spectrum COULD be used to 
offer an updated FTA service that would allow both incumbent 
broadcasters and new entrants to deliver a multichannel service that 
would appeal to a much larger audience than the 15% of NTSC holdouts. 
This is what is happening in Europe, and the results are obvious.

Established Brittish broadcasters who missed the first window of 
opportunity to be part of FreeView are now paying tens of millions of 
Euros to get their content onto Freeview, where the ONLY revenue they 
will receive is from advertising...

Just like the good old days for the broadcast networks here in the U.S.

That can't happen here in the U.S. because of the political 
gerrymandering that has built, protected, and rebuilt the media 
conglomerates. They now generate revenues from advertising, 
subscription fees from cable and DBS, and the back end revenues from 
syndication.

They fully understand that Must Carry and Retransmission consent are 
on shaky ground; that this competitive advantage is tightly coupled 
to the ANALOG broadcast service.

The FCC refused to grant them multicast must carry, knowing that the 
courts would reject it in a heartbeat, since they have no legislative 
authority to do so. I am very hopeful that Congress will attempt to 
grant them multicast must carry, as this will immediately cause the 
cable industry to challenge the legislation...

And this time they will win, bringing at least a degree of 
competition back into the television distribution marketplace.

Regards
Craig



 
 
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