The “public internet” exception language in the Nevada Video Service Law applies to ISPs, not content providers like Netflix and Hulu, and a lower court erred in ruling that Reno, Nevada's claims against the streamers were barred by that exception, Creve Couer, Missouri, and some Georgia communities told the 9th U.S. Circuit Court of Appeals in an amicus brief Tuesday. Creve Couer and the Georgia communities are themselves suing the streaming services, seeking local franchise fees (see 2112230003). Reno, in its docket 21-16560 opening brief last week, told the 9th Circuit the lower court erred in deciding if the streamers are video service providers based on only the “public Internet exception” definition and the question of whether that exception even applies to them.
Comments on the FCC’s NPRM on improving the accessibility of visual emergency alert system messages (see 2112060057) are due March 11, replies March 28, says Wednesday’s Federal Register. Comments on the accompanying notice of inquiry on broader efforts to make EAS more accessible are due April 11, replies May 10.
U.S. consumer spending on home entertainment content jumped 7.8% in 2021 to $32.35 billion, including 11.3% growth in Q4 to $8.6 billion, reported the Digital Entertainment Group Friday. Subscription VOD generated the largest swath of consumer spending, rising 19.8% for the year to $25.27 billion, and up 19.3% for the quarter to $6.64 billion, said DEG, citing Omdia data as the source. Sell-through of 4K Blu-rays increased more than 6%, said DEG. With COVID-19 “pandemic conditions improving as 2021 progressed,” box-office spending on titles released to the home in Q4 jumped more than 1,100% from a year earlier, said DEG, though the impact of new theatrical releases on DEG’s “transactional” home entertainment tracking was muted “by the fact that many high-profile titles were released to the home in a premium window.” It estimates premium release revenue generated through retailers that “support multiple studios” would have added about $525 million to DEG’s full-year report, it said. The estimate doesn’t include revenue generated through the “premium access” option of Disney+, it said.
Dolby bought Millicast, a startup that provides scalable low-latency video streaming, for customers to create virtual environments. There's "growing demand to make online events as lifelike and compelling as being there in person," said Marie Huwe, senior vice president-Dolby.io. Dolby now can enable global customers to build “virtualized, massive audience experiences that feel almost as if you were there,” said Millicast CEO Alexandrine Platonoff. The NFL, NBC and Disney use Millicast. Also Thursday, Dolby reported revenue in the past quarter fell to $351.6 million from $389.9 million in the year-ago period. For this quarter, Dolby projects a revenue range of $315 million-$345 million, citing uncertainties associated with the COVID-19 pandemic. Friday, shares closed down 11% at $75.85.
Spotify shares closed down 17% at $159.76 Thursday after Q4 revenue grew 24% year on year to $3.1 billion. It forecast $2.97 billion in Q1. Citing previous controversies, CEO Daniel Ek said results are typically measured in “months, not days.” Commenting on the “slippery slope” of censoring content, Ek called it a “complicated issue." Spotify is “trying to balance creative expression with the safety of our users," he said. Musician Neil Young had pulled music from Spotify to protest COVID-19 misinformation on The Joe Rogan Experience podcast (see 2201310048). Wednesday, Ek referenced the steps Spotify is taking due to the controversy, including putting COVID-19 content on the platform from experts. “The important part here is that we don’t change our policies based on one creator, nor do we change it based on any media cycle or calls from anyone else,” Ek said, not referencing Young by name. The company’s policies were “carefully written with the input from numbers of internal experts,” he said. “And while Joe has a massive audience -- he’s actually the No. 1 podcast in more than 90 markets -- he also has to abide by those policies.” Streaming, meanwhile, replaced the a la carte model, he said: “And now you see lots of subscription services getting to 100 million" subscribers.
TV Parental Guidelines Monitoring Board spot checks in 2021 of TV ratings found that generally age ratings and descriptors were being applied consistently and accurately, the group said Wednesday. It said it will continue those spot checks this year, and look at other ways to increase ratings consistency among network and streaming programming.
MaxBet TV tapped Setplex’s platform to launch what the companies called the first casino and gambling-centric TV network.
Univision completed its $4.8 billion buy of Grupo Televisa’s media content and production assets (see 2104140067), and the combined company is now named TelevisaUnivision, said a news release Monday. The new company will produce content for former Univision platforms and others and launch a Spanish-language streaming service in 2022. TelevisaUnivision combines Televisa’s four broadcast channels, 27 pay-TV channels, Videocine movie studio and Blim TV subscription VOD service with Univision’s broadcast networks, nine Spanish-language cable networks, 59 TV stations and 57 radio stations. SoftBank Latin America Fund, Google and Raine Group are investors in the combination. For personnel news about the new company, see the personals section of this issue.
AMC Networks and Comcast signed a multiyear renewal of their distribution agreement that covers continued carriage of AMC's linear networks and wider availability of its streaming services to Xfinity TV, broadband and XClass subscribers, they said Monday.
Neil Young's Spotify dispute spurred the company's streaming-music rivals to tout their own services. The musician wanted the service to choose between him and podcast host Joe Rogan over the latter's COVID-19 vaccine misinformation. A Spotify-curated Neil Young Radio playlist came up on the service Friday, but Young’s solo recordings weren’t there. The company didn't comment. Apple Music's Twitter account encouraged Young's fans to “listen to his entire catalog” on its service. SiriusXM said it would have an exclusive limited run with "Neil Young Radio." Qobuz emailed that Young's discography is available.