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CTA, NCTA, ACA Connects Spar With Consumer Groups on Caption Display Settings
February 22, 2022 |Media Notes

The FCC doesn’t have the authority to require easy access to closed captioning display settings and doesn’t need to, said NCTA, ACA Connects and CTA in comments posted Friday in docket 12-108 in response to the Media Bureau’s call for a refreshed record (see 2201100052). A host of consumer groups disagreed, according to a joint filing from groups including Telecommunications for the Deaf and Hard of Hearing, the Helen Keller National Center, the National Association of the Deaf and the American Association of the DeafBlind. The problems highlighted in the FCC’s previous caption display settings round of comments have gotten worse, the groups said. “Apparatus and navigation devices still implement caption display settings through obscure, hard-to-find, hard-to-use, and inconsistent interfaces.” NCTA’s members already “have devoted significant resources to ensuring that the captioning features they provide are straightforward and simple to use,” NCTA said. The consumer tech industry “continues to innovate in user interface design” and “such advances demonstrate that the proposed mandate is unnecessary,” said CTA. The 1990 Television Decoder Circuitry Act “does not authorize the Commission to adopt rules regulating the provision of ‘ready access’ to closed captioning display settings by MVPDs,” said ACA Connects. Enabling viewers to easily access caption display settings is “required by the letter and spirit” of the Television Decoder Circuitry Act “as originally drafted” and consistent with other captioning rules, the consumer groups said. If the agency adopts a display setting requirement, it should include a “reasonable” compliance period and “narrowly tailored exemptions,” said CTA.

Topics:Section 230, Federal Communications Commission (FCC), ATSC
Over a Third of Big-Screen Super Bowl Viewing Time Was on Roku TVs: Conviva
February 16, 2022 |Media Notes

More than 78% of global Super Bowl viewing time was on a big-screen TV, reported Conviva Tuesday. Of that subset, Roku-equipped TVs led those of other platforms with 36.3% of viewing time, with Amazon Fire TV second (19.4%) and Samsung TV third (12.8%), it said. Apple TV had 6.6%, Xbox at 4.5%, LG TVs 4.4%, while Vizio TV, Android TV and PlayStation each took about 3% share. Chromecast had 1.3% viewing time, said the report. Mobile phones had 13.9% of viewing time, desktops 5.4% and tablets 2%, it said.

Disney Has Big Streaming Growth
February 11, 2022 |Media Notes

Disney doesn't "subscribe to the belief that theatrical distribution is the only way to build a Disney franchise,” said CEO Bob Chapek on an earnings call Wednesday for fiscal Q1 ended Jan. 1. Disney added 4.1 million paid domestic U.S. Disney+ subscribers in the quarter, said Chief Financial Officer Christine McCarthy, including about 2 million incremental subscribers from including Disney+ and ESPN+ as part of a Hulu Live subscription. Disney continues to see “value in the moviegoing experience,” said Chapek, but Disney’s theatrical business swung to a $98 million operating loss in the quarter, while Disney+ subscriptions jumped 37% to 129.8 million, including 18% growth in domestic U.S. subs to 42.9 million. “The continued growth of our streaming services was certainly a standout,” said the CEO. Chapek estimates Disney+ is “roughly one-third penetrated” in potential U.S. subscribers, he said. Stock closed up 3.4% at $152.16.

Ark. Streaming Franchise Fee Fight Gets Communities' Backing
February 11, 2022 |Media Notes

The Missouri and Georgia communities backing Reno, Nevada, in its legal fight seeking franchise fees from Netflix and Hulu also are supporting similar litigation brought by Ashdown, Arkansas. In a docket 21-3435 amicus brief Wednesday filed with the 8th U.S. Circuit Court of Appeals, Creve Couer, Missouri, and the various Georgia localities largely echoed their arguments made in the Reno amicus brief filed this week with the 9th Circuit (see 2202080088). They themselves are suing the streaming services, seeking local franchise fees (see 2112230003). Ashdown is appealing a lower court's dismissal of its suit seeking back franchise fees from the streamers.

Music Licensing Fees Drive Spotify to Push Podcasters, Says Oxenford
February 10, 2022 |Media Notes

Spotify’s loyalty to controversial podcaster Joe Rogan is partially driven by music rights fees, said Wilkinson Barker broadcast attorney David Oxenford in a blog post Wednesday. “The more that music costs, the more incentive there is for a music service to find alternative audio programming to provide to its listeners,” Oxenford wrote. “So, as long as music royalties remain high, expect talk programming to grow.” This calculation is also the reasoning behind broadcasters such as iHeart expanding their podcast offerings, he said. When Spotify users are listening to podcasts, they aren’t also listening to playlists of streaming music, so talk programming both costs less and reduces song royalty payments, Oxenford said.