The cable TV lineup notification NPRM approved 5-0 Thursday (see 1912120063) tones down what had been numerous tentative conclusions in the FCC draft, according to our side-by-side analysis. The draft had the agency saying it believed an as-soon-as-possible notice for a channel deletion or change due to retransmission consent or carriage negotiations, rather than the 30-day requirement, better served subscribers. The approved docket 19-347 version released late Thursday now has the agency saying it seeks comment on the ASAP notice better serving subs. Unlike the draft, which tentatively endorsed NCTA's claim "channel slates" notices that would replace the video feed in the event of a blackout would be a reasonable written means for notifying subscribers, the final version seeks comment on whether that would be a reasonable written means. The final version replaced a tentative conclusion about notices in the newspaper not being a reasonable written means, just seeking comment on whether it would. Instead of tentatively concluding the FCC has authority to revise its rule requiring a 30-day notice to local franchise authorities of any basic rate increase, the NPRM seeks comment on whether it has that power. The approved version also includes some new questions, such as whether cable operators should be required to provide notice in some timeframe other than 30 days in the context of a retrans negotiations, such as a week or 48 hours before contract expiration. It asks if there are ways cable operators currently keep subscribers notified of ongoing negotiations or expiring contracts that could be incorporated into FCC rules.
The connected TV advertising market is expected to exceed $7 billion in 2019, Vizio said. It launched Vizio Ads to deliver advertising across the TV maker's SmartCast platform. Ads will be available within the recently updated launch and discovery sections of SmartCast, Vizio said, along with partner streaming apps and the company's WatchFree service. It named an executive to run the business (see personals section). Vizio didn’t respond to questions on consumers' ability to opt out of ads. The company previously paid $2.2 million to settle FTC allegations it fashioned smart TVs to spy on TV owners' viewing habits (see report, Oct. 9, 2018).
FandangoNow launched the first on-demand movie and TV store on Facebook’s Portal TV, it said Tuesday. Users rent or buy movies and TV shows. The FandangoNow library has more than 100,000 titles and is available on more than 200 million devices.
The cable distribution industry needs to drastically change practices to survive, with continued price hikes driving out most households, blogged CCG Consulting President Doug Dawson Friday: The likelihood seems slim distributors and programmers will jointly agree on pricing issues. NCTA didn't comment.
Atlantic Broadband integrated the Amazon Prime Video app into its TiVo devices, the cable ISP said Thursday. The Netflix app previously was integrated into its video platform.
Netflix will lose some digital viewing minute share to new subscription VOD services from Disney and AT&T, but streaming services in total will grow as consumers shift more TV viewing to digital, nScreenMedia analyst Colin Dixon blogged Tuesday. He said Disney Plus and HBO Max will accelerate the decline in value of Disney- and AT&T-owned TV channels, and it's not clear whether the value generated by the streamers will recoup that lost TV channel value.
The video industry hopes MVPD subscriber declines will level off, but cable companies' focus on profitable subscribers and their continual pushing of over-the-top products could lead to an acceleration of their sub losses, MoffettNathanson analyst Michael Nathanson wrote investors Monday. He said sports will be an anchor keeping 60 percent of the current pay-TV sub base, but 40 percent is "at risk." Beyond being able to create good content, media companies need to become good at churn mitigation, direct marketing and content discovery/user interface systems, he emailed.
The various appellate court challenges to the FCC's cable TV local franchise authority order were consolidated, with the 9th U.S. Circuit Court of Appeals on Tuesday also granting an FCC motion (in Pacer, docket 19-72219) to transfer the now-consolidated petition to the 6th Circuit (see 1909170067).
Plaintiffs appealing the FCC cable TV local franchise authority (LFA) order (see 1911010057) asked the 9th U.S. Circuit Court of Appeals to stay its implementation. In a docket 19-72219 motion (in Pacer) Monday, Eugene, Oregon, and plaintiffs in three other cases said all petitioners in another three lawsuits also support the motion. They said the agency "drastically and impermissibly reinterpreted key provisions of the Cable Act," affecting how franchises can ensure cable operators meet local needs, which was "a key purpose of the Cable Act." They said it "stretch[es] the meaning of the term 'franchise fee' beyond recognition," leading to budgetary worries for local communities. They said a stay wouldn't hurt cable companies, but implementation would mean "considerable harm" to LFAs and residents. It said respondents the FCC and U.S. and intervenor NCTA oppose the motion. The agency didn't comment Tuesday.
Starz rolled out the international Starzplay app in Brazil, France, Germany, Mexico and the U.K. with plans to launch an additional 20 countries next year, it said Monday. Subscription fees are about $5 monthly.