Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, 47383-47392 [2012-19107]
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 12–203; FCC 12–80]
Annual Assessment of the Status of
Competition in the Market for the
Delivery of Video Programming
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The Commission is required
to report annually to Congress on the
status of competition in markets for the
delivery of video programming. This
document solicits data, information, and
comment on the status of competition in
the market for the delivery of video
programming for the Commission’s
Fifteenth Report (15th Report). The 15th
Report will provide updated
information and metrics regarding the
video marketplace in 2011 and 2012.
Comments and data submitted in
response to this document in
conjunction with publicly available
information and filings submitted in
relevant Commission proceedings will
be used for the report to Congress.
DATES: Interested parties may file
comments, on or before September 10,
2012, and reply comments on or before
October 10, 2012.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Johanna Thomas, Media Bureau (202)
418–7551, or email at johanna.thomas@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Annual
Assessment of the Status of Competition
in the Market for Delivery of Video
Programming, Notice of Inquiry (NOI),
in MB Docket No. 12–203, FCC 12–80,
released July 20, 2012. The complete
text of the document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street SW.,
Washington, DC 20554, and may also be
purchased from the Commission’s copy
contractor, BCPI, Inc., Portals II, 445
12th Street SW., Washington, DC 20054.
Customers may contact BCPI, Inc. at
their Web site https://www.bcpi.com or
call 1–800–378–3160.
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SUMMARY:
Synopsis of Notice of Inquiry
1. Section 628(g) of the
Communications Act of 1934, as
amended (the Communications Act)
requires the Commission to report
annually on ‘‘the status of competition
in the market for the delivery of video
programming.’’ This NOI solicits data,
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information, and comment on the state
of competition in the delivery of video
programming for the Commission’s
Fifteenth Report (‘‘15th Report’’). We
seek to update the information and
metrics provided in the Fourteenth
Report (‘‘14th Report’’) and report on
the state of competition in the video
marketplace in 2011 and 2012. Using
the information collected pursuant to
this NOI, we seek to enhance our
analysis of competitive conditions,
better understand the implications for
the American consumer, and provide a
solid foundation for Commission policy
making with respect to the delivery of
video programming to consumers.
2. We invite all interested parties to
provide input for the 15th Report. We
seek to collect data to gain further
insight into such areas as the
deployment of new technologies and
services, as well as innovation and
investment in the video marketplace.
The entry of each new delivery
technology provides consumers with
increasing options in obtaining video
content. We therefore request comment
on industry structure, market conduct
and performance, consumer behavior,
urban-rural comparisons, and key
industry inputs for video programming.
To the extent possible, we request
commenters to provide information and
insights on competition using this
framework.
3. In particular, we request data,
information, and comment from entities
that provide delivered video
programming directly to consumers.
These entities include multichannel
video programming distributors
(MVPDs), broadcast television stations,
and online video distributors (OVDs).
We also seek data, information, and
comment from entities that provide key
inputs into video programming
distribution. These include content
creators and aggregators as well as
manufacturers of consumer premises
equipment, including equipment that
enables consumers to view
programming on their television sets
and on other devices (e.g., smartphones
and tablets). In addition, we request
data, information, and comment from
consumers and consumer groups. The
accuracy and usefulness of the 15th
Report will depend on the quality of the
data and information we receive from
commenters in response to this NOI. We
encourage thorough and substantive
submissions from industry participants,
as well as state and local regulators with
knowledge of the issues raised. When
possible, we will augment reported
information with submissions in other
Commission proceedings and from
publicly available sources.
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4. We expect to use the revised
analytical framework adopted in the
14th Report. Under this framework, first
we categorize entities that deliver video
programming into one of three groups:
MVPDs, broadcast television stations, or
OVDs. Entities delivering video content
are assigned to these strategic groups
based on similar business models or
combination strategies. Second, we
examine industry structure, conduct,
and performance, considering factors
such as: (1) The number and size of
firms in each group, horizontal and
vertical integration, merger and
acquisition activity, and conditions
affecting entry and the ability to
compete; (2) the business models and
competitive strategies used by firms that
directly compete as video programming
distributors, including product
differentiation, advertising and
marketing, and pricing; and (3) the
improvements in the quantity, quality,
and delivery methods of programming
to subscribers, subscriber and
penetration rates, financial indicators
(e.g., revenue and profitability), and
investment and innovation activities.
Third, we look upstream and
downstream to examine the influence of
industry inputs and consumer behavior
on the delivery of video programming.
In the 14th Report, we discussed two
key industry inputs: video content
creators and aggregators and consumer
premises equipment.
5. We seek comment on whether the
analytic framework adopted in the 14th
Report is a useful way for the
Commission to evaluate and report on
the status of video programming
competition or whether modifications
are needed for the 15th Report. Do the
three strategic group classifications
allow us to adequately assess the
interaction across these groups? Are an
entity’s business incentives or
competitive concerns affected by
operating in more than one group? How
does the placement of entities into
strategic groups affect by their ability to
offer multiple services (i.e., video, voice
and broadband)? What influence do
industry structure, conduct, and
performance have on one another?
6. The data reported in previous
reports on the status of competition for
the delivery of video programming were
derived from various sources, including
data the Commission collects in other
contexts (e.g., FCC Form 477 and FCC
Form 325), comments filed in response
to notices of inquiry and other
Commission proceedings; publicly
available information from industry
associations; company filings and news
releases; Security and Exchange
Commission filings; data from trade
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associations and government entities;
data from securities analysts and other
research companies and consultants;
company news releases and Web sites;
corporate presentations to investors,
newspaper and periodical articles;
scholarly publications; vendor product
releases; white papers; and various
public Commission filings, decisions,
reports, and data. We seek comment on
whether there are additional data
sources available for our analysis. What
other sources of data, especially
quantitative data, should we use to
perform a comprehensive analysis of the
market for the delivery of video
programming? Are there certain
stakeholders we should reach out to in
order to diversify the data and further
supplement the record?
7. In previous Notices of Inquiry, we
have requested data as of June 30 of the
relevant year to monitor trends on an
annual basis. To continue our timeseries analysis, we request data as of
June 30, 2011, and June 30, 2012. We
also recognize that a significant amount
of data and information are reported on
a calendar year basis, and as such, we
ask commenters to provide year-end
2011 data when readily available and
relevant.
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Providers of Delivered Video
Programming
8. We seek information and comment
that will allow us to analyze the
structure, conduct, and performance of
MVPDs, broadcast television stations,
and OVDs. To improve our description
and analysis of the video products
within each group, we seek specific and
granular quantitative and qualitative
data as well as information from
companies in each group. In addition,
we request comment from the
perspective of consumers, advertisers,
content aggregators, content creators,
and/or consumer premises equipment
manufacturers on whether and to what
extent MVPDs, broadcast stations, and
OVDs consider the other two groups’
offerings to be complements and/or
substitutes for one another.
Multichannel Video Programming
Distributors
9. MVPD Structure. MVPDs include
all entities that make available for
purchase multiple channels of video
programming. In our 14th Report, we
determined that most MVPD subscribers
use cable, DBS, or telephone MVPDs for
their video service. Fewer than one
percent of MVPD subscribers use other
types of MVPDs (e.g., home satellite
dishes (HSD), open video systems
(OVS), wireless cable systems, and
private cable operators (PCOs). We also
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found that little reliable data is available
for these other types of MVPDs. We
request comment on the extent to which
these other types of MVPDs should be
included in the 15th Report.
10. For each type of MVPD, we seek
data on the number of MVPD providers,
the number of homes passed, the
number of subscribers for delivered
video programming, the number of
linear channels and amount of nonlinear programming offered, the ability
of subscribers to watch programming on
multiple devices, and the geographic
area in which individual providers offer
service. In addition, we seek comment
on the most appropriate unit of
measurement for assessing geographic
coverage. We note that different types of
MVPDs may report data regarding
availability and use that is not
standardized to a common geographic
unit. This greatly hinders our ability to
assess the competitive alternatives
available to homes and to identify
where MVPDs are engaged in head-tohead competition. In the 14th Report,
we addressed this concern in the
context of estimating the number of
homes with access to multiple MVPDs.
We therefore seek data and information
on the number of homes that are passed
by one MVPD, two MVPDs, and three or
more MVPDs. We wish to identify those
markets and geographic areas where
head-to-head competition exists, where
entry is likely in the near future, and
where competition once existed but
failed. What factors influence a
subscriber’s decision to switch from one
type of MVPD service to another, for
instance from cable MVPD service to
DBS MVPD service or vice versa?
11. We request information
identifying differences between cable,
DBS, and telephone MVPD subscribers.
Are DBS subscribers more likely to
reside in rural areas or areas not served
by cable systems? What percentage of
homes cannot receive DBS service
because they are not within the line-ofsite of the satellite signal? In addition,
we request updated information on the
number of markets where DBS operators
provide local-into-local broadcast
service. Particular MVPD providers offer
bundles of multiple services, including
broadband, voice, and mobile wireless
services. How, if at all, do these bundled
offerings affect competition? For
example, what affect, if any, does the
inability of DBS operators to directly
provide broadband, voice, and mobile
wireless services along with their video
service have on competition among and
the financial performance of MVPDs?
12. With respect to non-contiguous
states, do DBS MVPDs offer the same
video packages at the same prices in
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Alaska and Hawaii as they offer in the
48 contiguous states? Do subscribers
need different or additional equipment
to receive video services in these states?
13. We seek comment on other
MVPDs such as HSD and PCOs. Are
these technologies still relevant today?
If so, how are they relevant and to what
extent are they available?
14. The Commission has not
addressed the extent to which wireless
providers offering video programming to
mobile phones and other wireless
devices should be classified as MVPDs
under the Act, and we do not intend to
do so within the context of this
proceeding. We note that, in past
reports, the Commission considered
certain of these providers in its analysis
of video competition. For the 15th
Report, we request information on the
extent to which mobile wireless
providers continue to offer video
programming to their customers. How
has this changed during 2011 and the
first half of 2012, and what are the
reasons for such changes? How and to
what extent do mobile wireless
providers and MVPDs use wireless
technologies, including Wi-Fi and
wireless broadband, to provide video
programming today, and what trends
should we anticipate for the future?
How do these services compete with or
complement the traditional video
programming services offered by
MVPDs and by other providers of video
programming?
15. In the 14th Report, we did not
directly measure horizontal
concentration for video distribution.
Rather, we estimated the number of
homes on a nationwide basis that have
access to two, three, or four MVPDs. We
seek comment on the value of our
approach. We also seek data or
comment on what information we can
acquire to assist us in performing this
analysis. Likewise, we invite analysis
regarding the relationship between
horizontal concentration and
competition. To what extent does
horizontal concentration affect price or
quality of service?
16. In merger reviews, the
Commission routinely examines
horizontal concentration. It has
classified MVPD service as a distinct
product market and found individual
homes to be the appropriate focus
regarding competitive choices. In the
15th Mobile Wireless Report, the
Commission applied the HerfindahlHirshman Index (HHI) to shares of
mobile wireless connections held by
facilities-based wireless providers at the
level of Economic Areas, calculating
shares of connections from the
providers’ number of connections.
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These Economic Areas are compiled
based on census block data. For
purposes of the 15th Report, we seek
comment on the appropriate
methodology for calculating
concentration in delivered video
services. Should we continue to
consider MVPDs a separate product
market, or are there narrower or broader
product segments we should consider?
What are the appropriate geographic
markets associated with these product
markets (e.g., individual households,
census tracts, or cable franchise areas)?
17. In 1992, Congress enacted
provisions related to common
ownership between cable operators and
video programming networks. In the
14th Report, we discussed vertical
integration in terms of affiliations
between programming networks and
MVPDs. Specifically, we identified the
number of national video programming
networks affiliated with one or more
MVPDs. Similarly, we reported on
regional programming networks
affiliated with MVPDs. We also
differentiated between the availability of
standard definition (SD) and high
definition (HD) versions of individual
networks consistent with recent
Commission decisions.
18. We anticipate reporting this type
of information again in the 15th Report.
We therefore request data, information,
and comment on vertical integration
between MVPDs and video
programming networks. In particular,
we request information on satellite and
terrestrially delivered national and
regional networks. How should we
measure such vertical integration? For
purposes of analyzing vertical
integration, how should we determine
affiliation? Should we use a minimum
ownership share or apply standards
similar to those contained in our
attribution rules rather than report on
any known affiliations as we have done
in the past?
19. Underlying regulatory,
technological, and market conditions
affect market structure and influence the
total number of firms that can compete
successfully in the market. We invite
comments and information regarding
the conditions that affect the entry into
MVPD markets and rivalry among
MVPDs.
20. A number of provisions of the
Communications Act and the
Commission’s rules affect MVPD
operators in the market for the delivery
of video programming. These include,
for example, regulations governing
program access, program carriage, must
carry, retransmission consent,
franchising, effective competition,
access to multiple dwelling units,
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exclusivity, inside wiring, leased access,
ownership, over-the-air reception
devices, and public interest
programming. We seek comment on the
impact of these regulations and other
Commission rules on entry and rivalry
among MVPDs. Are MVPDs identifying
the costs attributed to any of these
regulations (e.g., retransmission
consent) on the bills of their
subscribers?
21. We also request data on the
number of channels MVPDs dedicate on
their respective systems to must-carry;
public, educational, and governmental
(PEG); and leased access programming.
On which tier are these channels placed
and is extra equipment required to view
them? Are there more or fewer PEG and
leased access channels carried on MVPD
systems than were carried as of June
2010? What data sources exist to track
the availability of PEG and leased access
programming? We recognize that the
regulations applicable to cable operators
may differ from the regulations
applicable to DBS systems and other
MVPD operators. How do regulatory
disparities affect MVPD rivalry? We also
solicit comment on specific actions the
Commission can take to facilitate MVPD
entry and rivalry with the intent to
increase consumer choice in the
delivery of video programming. In
addition, we request comment on any
state or local regulations that affect
entry and rivalry among MVPDs.
22. We seek information and
comment on non-regulatory conditions
affecting MVPD entry and rivalry,
including the availability of
programming. Do these conditions
include economies of scale, where large
MVPDs can spread fixed costs over
more subscribers or negotiate lower
prices for video content? Do these
conditions also include expected
retaliation, where potential MVPD
entrants believe incumbents will lower
prices to any home considering
switching to the new MVPD entrant?
What other non-regulatory conditions
influence MVPD entry and rivalry?
23. MVPD Conduct. MVPDs may
choose from a variety of business
models and competitive strategies to
attract and retain subscribers and
viewers. MVPDs decide, for example,
the type of delivered video services they
will offer, the programming they offer
consumers, and how they package the
programming (i.e., the number of tiers of
video programming and the specific
programming carried on each tier); the
complementary product features they
will offer (e.g., HD, DVR (digital video
recorder), video-on-demand (VOD),
online video programming to PCs and
mobile devices, and bundled services
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where telephony and/or broadband is
packaged with video service). MVPDs
also decide the level of advertising, the
degree of vertical integration with
suppliers of video programming,
whether to initiate or respond to price
discounting, and their approach to
customer service.
24. We seek descriptions of the varied
business models and strategies used by
MVPDs for the delivery of video
programming. What are key differences
among the business models and
strategies in terms of services offered to
consumers? How do providers
distinguish their delivered video
services from their rivals? Do cable,
DBS, and telephone MVPDs offer
comparable video services? Does DBS
‘‘local-into-local’’ delivery of broadcast
television signals make it a closer
substitute for cable than it would be
otherwise? We note that content creators
have negotiated ‘‘TV Everywhere’’
agreements in which MVPD subscribers
receive access to programming via VOD,
online, and mobile wireless devices. To
what extent do MVPDs view VOD and
TV Everywhere service offerings, both
online and on mobile wireless devices,
as ways to retain existing subscribers
and attract new ones? How extensively
do MVPDs offer specialized services to
consumers (e.g., multi-room DVR
service, more channels, more HD, video
content online, access to content on
mobile devices, and/or a variety of
bundles)? How do MVPDs advertise
their services to existing and potential
subscribers? What delivered video
services do they feature in their
advertising?
25. We also seek information
regarding the pricing behavior of
MVPDs. How does the price MVPDs pay
for programming, including sports
programming, impact the prices they
charge to consumers? Are the prices of
MVPD video packages and services
easily identifiable and well-explained
on consumers’ monthly bill and/or
MVPDs’ web sites and other
promotional materials? To what extent
do providers of MVPD service reduce
prices or offer promotion pricing to
attract new subscribers and/or retain
existing subscribers? Do providers
negotiate with individual subscribers
over prices before and after introductory
periods? Do homes that subscribe to the
same delivered video services, from the
same provider, in the same geographic
area, pay different prices? How do
bundles of service (i.e., packages that
combine video, voice, equipment, and/
or Internet service) affect the price
charged for video services? To what
extent have MVPDs been raising prices?
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26. We are interested in learning
whether an increase in the number of
MVPD rivals affects pricing strategies.
Do MVPDs charge lower prices (or use
different pricing strategies) to homes
that have access to multiple MVPDs?
For its Annual Cable Price Survey, the
Commission collects price data from a
sample of cable systems, but does not
collect price data for other types of
MVPDs (e.g., DBS and AT&T U-verse).
We seek price data for MVPDs not
included in the Annual Cable Price
Survey, such as the monthly rate for
both the lowest programming package
and any equipment needed to access the
video service. What additional data
sources on MVPD prices are available
for our 15th Report?
27. We also seek information on the
competitive strategies of MVPDs in
providing VOD and TV Everywhere
programming on fixed and mobile
devices. In particular, we are interested
in learning what competitive issues
MVPDs encounter when acquiring
content for VOD and TV Everywhere
from content creators and aggregators.
Does the horizontal or vertical
integration of content creators or
aggregators, particularly companies that
own broadcast television stations as
well as broadcast and cable networks
and studios, impact the ability of
MVPDs to acquire rights to
programming or the price of the
programming? How does the size of an
MVPD impact its bargaining power in
such negotiations?
28. We seek data and comment on the
provision of local news and sports by
MVPDs as a competitive strategy in the
delivery of video programming. What
other types of local programming do
MVPDs offer? What data sources are
available to help in our analysis of
MVPD provision of local news and
sports, as well as other local
programming?
29. As discussed above, we seek data,
information, and comment on trends in
horizontal and vertical mergers and
acquisitions. Has any MVPD acquired
sufficient market power to impair
competition? If so, how has competition
been impaired? What consumer
benefits, if any, have recent horizontal
and vertical mergers achieved? In
addition, we invite comment on any
other issues concerning MVPD conduct
that will assist our analysis of
competition in the delivery of video
programming by MVPDs.
30. MVPD Performance. We seek
comment on the information and timeseries data we should collect for the
analysis of various MVPD performance
metrics. In the 14th Report, we
considered performance metrics such as
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subscribership and penetration rates,
financial performance, and investment
and innovation. We expect to continue
to report on these metrics in the 15th
Report. Are there other metrics that
would enhance our analysis of MVPD
performance? To the extent commenters
suggest other metrics, we request data
for their use in preparation of the 15th
Report.
31. We seek data, information, and
comment on trends in the number of
linear video channels as well as VOD
and TV Everywhere video content
offered by MVPDs to fixed and mobile
devices. Has the number of linear
channels and/or the number of VOD and
TV Everywhere programs available
increased? What are the most popular
MVPD programming packages? Describe
these packages in terms of the total
number of analog and SD channels,
number of HD channels, and number of
VOD and TV Everywhere offerings. Are
there geographic differences with
respect to programming choices? How is
the deployment of next-generation
MVPD technologies affecting the
amount of programming MVPDs offer
subscribers on a linear and non-linear
basis? What effect has the entry of
additional MVPDs had on programming
choices and improvements in the
delivery of video programming? What
impact has the growth in OVD services
had on MVPD services, in particular the
deployment of VOD and TV Everywhere
services? What are the subscription
levels for DVR and HD services? How
many VOD titles are viewed per system?
32. We seek data and information
regarding the number of homes passed
nationally, the number of subscribers,
and the resulting penetration rate for
MVPD service. We also request data
regarding trends in the number of new
homes that subscribe to MVPD services.
In addition, we solicit subscription data
for the channel lineup packages
(including international, other specific
genres, and premium) and other
delivered video programming services
that MVPDs currently market to
consumers. What percentage of
customers subscribe to these video
packages and other delivered video
programming services? How does
subscription and penetration data vary
by geographic region for MVPDs? What
is the level of ‘‘churn’’ (i.e., consumer
switching among MVPDs) and is it
increasing or decreasing?
33. We request information on various
measures of MVPD financial
performance, including data on MVPD
revenues, cash flows, and margins. To
the extent possible, we seek five-year
time-series data to allow us to analyze
trends. We are interested in the
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performance of the MVPD industry as a
whole as well as the performance of
individual MVPDs. What is the average
revenue per MVPD subscriber? What are
the major sources of video-related
revenue for MVPDs? What percentage of
total revenue is derived from each of
these sources? What are the major
video-related drivers of revenue growth?
What are the major sources of costs for
MVPDs, including programming costs?
What is the impact of such costs on
MVPDs? We seek data, information, and
comments regarding profitability. What
metrics and data should we use to
measure profitability (e.g., return on
invested capital, operating margins)?
Are there any other quantitative or
qualitative metrics that would add to
our analysis of MVPD financial
performance? We recognize that many
MVPDs also provide non-video services,
such as voice and high-speed Internet
services, along with video service often
offered on a bundled basis. We also note
that MVPDs may cross-subsidize
services. Our focus, however, is
delivered video programming, and
commenters submitting financial data
should separate video from non-video
services. Commenters should specify
the methodology each firm uses for
allocating joint and common costs.
Likewise, commenters should explain
the methodology each firm uses for
allocating bundled revenue.
34. We ask commenters to provide
information concerning MVPDs’
investments in the market for video
programming, including investment
levels over time, investment per
subscriber, investment as a percentage
of revenue, and capital expenditures by
individual MVPDs. Does investment
vary by geographic region or between
national and regional providers? What
innovative services or technologies are
MVPDs currently deploying? What is
driving this deployment? In addition,
we seek comment on how investment
and innovation affect competition
among MVPDs and other providers of
delivered video programming. Have
OVDs spurred investment and
innovation by MVPDs? To what extent
do content aggregators and creators as
well as manufacturers of consumer
premises equipment influence MVPD
investment and innovation?
35. We also request information on
the pace at which MVPDs are deploying,
or have plans to deploy, new
technologies, including transitioning
from analog, or hybrid analog/digital, to
all-digital distribution, adding IPdelivered video programming,
deploying more efficient video encoding
technologies (e.g., MPEG–4), deploying
enhanced transmission technologies
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(e.g., DOCSIS 3.0) and expanding 3–D
services. To the extent that MVPDs are
migrating to digital or otherwise
repurposing spectrum, we seek
comment on what new or additional
services are they providing to
consumers (e.g., more HD channels,
broadband, VOD, etc.).
Broadcast Television Stations
36. Broadcast Television Structure.
Providers of broadcast television service
include both individual and group
owners that hold licenses to broadcast
video programming to consumers.
Consumers who do not subscribe to an
MVPD service may rely on over-the-air
distribution of broadcast televisions for
their video programming. Also, many
MVPD homes receive broadcast
television stations over-the-air on
television sets that they have chosen not
to connect to MVPD service. The
Commission already collects data on the
number of broadcast television stations
in each designated market area (DMA)
and ownership of broadcast television
stations using our CDBS database, and
purchases data from BIA/Kelsey and
The Nielsen Company. We seek
additional data concerning the number
of households that rely on over-the-air
broadcast television service, either
exclusively or supplemented with OVD
service, rather than receiving broadcast
programming from an MVPD. In
addition to the number of homes relying
on over-the-air broadcast service, we
request information regarding any
demographic and geographic
characteristics of such households. We
also seek data on the percentage of
households that own television sets, i.e.,
the total number of television
households. We also seek data regarding
the number of households with DVRs
and HD sets. How many households
routinely view broadcast programming
over-the-air in addition to subscribing to
an MVPD?
37. We are interested in tracking
common ownership of broadcast
stations nationally and by DMA.
Commission rules limit the number of
broadcast television stations an entity
can own in a DMA, depending on the
number of independently owned
stations in the market. The Commission
already collects data that we can use to
assess the horizontal structure of
broadcast television stations, including
the number of stations in each DMA and
the ownership of each station. Is there
other available data that may better
inform our assessment of horizontal
concentration in the broadcast station
industry?
38. The Commission has collected
data that we can use to analyze trends
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in vertical integration, including data on
the number of broadcast stations owned
by or affiliated with video content
creators and aggregators. For the 15th
Report, we seek to report on the vertical
integration of broadcast television
stations with broadcast networks and
cable networks as we have done in the
past. As such, we seek data on the
vertical structure of the broadcast
television industry. How many
broadcast television stations, nationally
and within each DMA, are vertically
integrated with a broadcast network or
a cable network? What, if any, trends
exist with respect to the vertical
integration between television stations
and broadcast networks or cable
networks? How does the vertical
integration of television stations with
broadcast networks, cable networks, and
studios affect their ability to negotiate
with MVPDs and OVDs for carriage
rights? We also seek comment on ways
to improve our analysis of vertical
integration.
39. We also request data, information,
and comment on the impact of
horizontal and vertical combinations on
the competitive condition of broadcast
television stations with respect to the
delivery of video programming. Does
group ownership of broadcast stations
within a DMA and/or across DMAs
affect advertising revenue? Does group
ownership within a DMA or across
DMAs affect the price paid for video
content? Are broadcast television
stations that are vertically integrated
with broadcast television networks
better able to compete in the delivery of
video programming? Do joint sales
agreements (JSAs), local marketing
agreements (LMAs), and shared services
agreements (SSAs) impact the provision
of programming to the public? Do these
types of sharing arrangements affect the
competitiveness of independent
stations?
40. The Commission’s spectrum
allocation and licensing policies affect
the structure of broadcast television by
limiting the number of stations located
in a given geographic area. Other
Commission rules limit the number of
broadcast television stations an entity
can own in a DMA as well as limit the
national audience reach of commonly
owned broadcast television stations.
Congress recently enacted legislation
that provides for voluntary participation
of broadcast station licensees in
‘‘reverse auctions’’ in which they may
offer to relinquish some or all of their
licensed spectrum usage rights in
exchange for a share of the proceeds
from a ‘‘forward auction’’ of licenses for
the use of any reallocated TV broadcast
spectrum. In the 14th Report, we noted
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that these statutory and regulatory
actions may affect the entry and rivalry
of broadcasters. We seek data,
information, and comment on the
impact of these requirements on entry
and rivalry in the broadcast television
industry. Are there other regulations
that affect entry and rivalry of broadcast
television stations? We ask commenters
to provide data and examples for each
regulation that affects entry and rivalry.
41. We seek information and
comment on non-regulatory conditions
affecting entry and rivalry, including
access to capital and programming. For
example, are there supply-side
economies of scale that enable
commonly owned broadcast television
stations to spread fixed costs over
greater audiences? Are there demandside economies of scale that enable
commonly owned broadcast television
stations to negotiate lower prices for
video programming? We invite analysis
of the relationship between the
advertising market and entry and exit in
broadcast television. What other nonregulatory conditions influence entry
and rivalry and to what extent? Which
broadcast station licensees have entered
or exited the broadcast televisions
industry and why?
42. Broadcast Television Conduct.
Because broadcast television stations do
not charge consumers directly for the
delivery of their signals, they do not
compete on price in the traditional
sense. Broadcast television is free to
consumers who receive it over-the-air.
Nevertheless, since about 90 percent of
all television households receive
broadcast stations from an MVPD, most
consumers pay for broadcast stations as
part of their MVPD service. In the case
of cable, broadcast television stations
are part of the basic service package,
which is generally a low price offering.
What price do MVPDs charge to
consumers to receive broadcast
television stations on their basic tier of
service?
43. Commercial broadcast television
stations earn revenue from advertising.
We seek data, information, and
comment on the business strategies of
broadcast television stations as they
confront changes in the advertising
market, both long-term changes and
those changes brought on by the
economic downturn. In particular, we
seek data on trends in prices for spot
and local advertising on broadcast
television stations. How does revenue
from political advertising affect
broadcasters’ business strategies? To
what extent has offering video content
online increased the advertising revenue
of broadcast stations?
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44. Some commercial broadcast
television stations also earn revenue in
the form of retransmission consent fees
from MVPDs in return for carriage of
their stations. We seek information
regarding the types and characteristics
of stations seeking retransmission
consent fees. We also request comment
on the types and characteristics of
stations choosing MVPD carriage under
the must-carry regime. In addition, we
request information regarding any
business strategies aimed at increasing
revenue from retransmission consent
fees. What prices (per subscriber) are
broadcast stations receiving from
MVPDs for retransmission consent?
45. Broadcast stations compete with
each other for viewers and advertisers
on two major non-price criteria—
programming and the ability to view
such programming in multiple formats.
As a result of the digital transition, each
broadcast television station has been
allotted 6 MHz of spectrum permitting
multiple linear program streams, HD
broadcasts, and/or the delivery of
programming to mobile devices. We
seek data, information, and comment on
the use of multiple program streams as
a business strategy to enhance a
broadcaster’s competitive position in
the delivery of video programming.
What types of programming are
broadcasters carrying on their multiple
streams? Does the ability to offer
multiple programming streams since the
digital transition enhance the ability of
broadcasters to attract viewers to overthe-air video service and to compete
against MVPDs? We also seek data,
information, and comment on the
number of broadcast television channels
available in each DMA, counting both
primary stations and additional
multicast programming streams. Has the
amount of programming increased since
the digital transition?
46. Are broadcasters using HD
programming as a strategy to attract
viewers? How many broadcast
television stations offer video content in
HD? What percentage of their
programming is in HD? Has this
percentage increased over time? What
effect does the ability to offer video
programming in HD have on broadcast
stations’ ability to compete against other
broadcasters and attract viewers? Are
broadcasters using their ability to
deliver programming to mobile devices
as a competitive strategy? How many
broadcasters are currently delivering
programming to mobile devices? Do
broadcasters have business plans to use
some of their digital capacity for a
subscription service or to lease a portion
of their digital spectrum capacity to
others for a subscription service?
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47. Broadcasters remain important
providers of local news. We seek data
and comment on the provision of local
news as a competitive strategy in the
delivery of video programming and the
geographic availability of local news
programming. We also request comment
on the strategies and partnerships
broadcasters are using to deliver news
online. Does the ability to distribute
programming online lead some
broadcasters to increase their
investment in news and information
programming or provide news to
consumers that might not otherwise be
available?
48. For many years, broadcast
television networks have used their
local broadcast television affiliated
stations as their primary distributor of
programming. We solicit comment on
whether and how broadcast television
stations position themselves to remain
the primary distributor of broadcast
television network programming. To
what extent is local broadcast
programming available online, either on
their own Web sites or through licensing
agreements with OVD aggregators, such
as Hulu and iTunes? What effect does
the availability of broadcast
programming online have on broadcast
stations? Are there benefits to
broadcasters of making video content
available online and on devices other
than a television set? If so, what are
those benefits?
49. Finally, what competitive
strategies do broadcast television
stations use to distinguish themselves
from other broadcast television stations?
For example, are broadcasters investing
in local programming, other than news,
to enhance the competitive position of
their stations? We also seek data,
information, and comment on the
additional business strategies broadcast
television stations use in competing
against each other.
50. Broadcast Television Performance.
We seek information and time-series
data for the analysis of various
performance metrics for broadcast
television. These metrics include the
improvements in quantity and quality of
broadcast television station
programming, over-the-air viewership,
viewership from carriage on MVPDs,
revenue from advertising, revenue from
retransmission consent fees, other
revenue, investment and innovation,
and rate of return/profitability.
51. We seek data, information, and
comment on the viewership of broadcast
television stations both from over-theair reception and MVPD carriage. What
is the trend in total viewership in total
household terms? What is the trend in
the share of the total audience that
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broadcast television stations receive
either over-the-air or via MVPD carriage
relative to the share received by cable
networks carried by MVPDs? How many
households view broadcast television
stations online rather than over-the-air?
52. We seek data on broadcast
television station revenues, cash flows,
and profit margins. We are interested in
the performance of the broadcast
television industry as a whole as well as
the performance of broadcast television
stations, on average.
53. In the 14th Report, we provided
information regarding the major sources
of revenue for broadcast stations—
advertising, network compensation,
retransmission consent, and ancillary
DTV revenues. We seek data on each of
these revenue sources. What percentage
of total revenue is derived from each of
these sources? How are these revenue
sources and their relative shares of total
revenue changing? Are there changes to
the network/affiliate relationships that
affect broadcast stations’ revenues? We
specifically seek information regarding
the extent to which network affiliated
broadcast stations now pay ‘‘reverse
compensation’’ to their networks and/or
share retransmission consent revenues
with the network. We realize that some
broadcast stations are integrated with
other businesses but we are primarily
interested in financial data related
directly to the video programming of
broadcast television stations, such as the
local and national advertising revenue,
retransmission consent fees, and
revenue from stations’ Web sites.
54. We also seek data regarding the
profitability of broadcast television
stations. In the 14th Report, we assessed
profitability by examining both financial
reports and data on a station-level and
company-level basis. What metrics and
data should we use in the 15th Report
to measure profitability (e.g., return on
invested capital and operating margins)?
What are the major expenses for
broadcast television stations? We are
particularly interested in the impact of
programming costs on broadcast
television stations. Has the financial
performance of broadcast stations
improved given the broader distribution
of broadcast stations’ video
programming through nonlinear
formats, such as OVDs, VOD, and TV
Everywhere services? Are there any
other quantitative or qualitative metrics
that would add to our analysis of
broadcast television stations’ financial
performance?
55. We seek comment on how
investment in digital television affects
competition among broadcast television
stations and in the larger market for the
delivery of video programming. We
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request data on broadcast television
stations’ investment in digital television
and innovative technologies for
distributing traditional programming, as
well as on the financial returns of these
investments. What has investment in
digital television done to enhance the
competitive position of broadcast
television stations in the delivery of
video programming? Are there
geographic differences in the amount of
investment?
Online Video Distributors
56. OVD Structure. OVDs are entities
that distribute video content over the
Internet to consumers. To receive video
content distributed by an OVD, a
consumer must subscribe to a highspeed Internet access service. The
Commission already collects data on
entities that provide fixed and mobile
high-speed Internet access services. We
therefore have significant information
regarding the structure, conduct, and
performance of the broadband markets,
including the number and size of
participants, the number of homes that
have access to each provider’s highspeed Internet service, the download
and upload speeds, the services offered
by broadband providers, and the prices
charged for broadband service. With
respect to the delivery of video content
by OVDs, we seek comment on the best
available sources of information to
enable us to analyze OVDs. The 14th
Report surveyed some of the major
players in the OVD marketplace, but
lacked data and information covering
the OVD industry as a whole. To the
extent they are available, we ask
commenters to provide data and
information regarding the OVD
marketplace for the 15th Report.
57. The OVD marketplace has grown
substantially over the last few years.
Today, OVDs include programmers and
content producers/owners (e.g.,
broadcast and cable networks, sports
leagues, and movie studios), video
sharing sites and social network services
(e.g., YouTube and Facebook), and
affiliates of manufacturers, retailers, and
other businesses (e.g., Amazon.com and
Wal-Mart’s Vudu service). We request
data, information, and comment on the
number, size, and types of OVDs. Are
OVDs typically affiliated with other
businesses or are they stand-alone
entities? To what extent do individual
OVDs compete with other OVDs? What
data sources are available to analyze the
structure of the OVD marketplace? What
entities do OVDs view as direct
competitors? For instance, do OVDs
compete with MVPDs and/or broadcast
television stations? Is OVD service a
substitute or complement for MVPD
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service? What data are available and
what metrics should we use to analyze
the extent to which OVDs’ services are
a substitute or complement to MVPD
service?
58. We request input about issues
relating to horizontal concentration and
vertical integration in the OVD
marketplace. In the 14th Report, we
noted that it is difficult to measure
horizontal concentration in the OVDs
market due to continual entry and exit
of industry participants, inability to
access necessary data, and lack of
established metrics to measure OVD
performance. Are there any new data
sources available that would help the
Commission undertake a horizontal
concentration analysis in the 15th
Report? What methodologies might the
Commission employ? What metrics
could the Commission use?
59. We also seek comment and data
that would permit us to assess vertical
integration in the OVD marketplace. We
note that many OVDs are vertically
integrated with other businesses. How
do these relationships affect
competition in OVD marketplace? For
example, do affiliations between OVDs
and content owners impact the
availability of specific online content
via multiple OVDs? Do affiliations
between OVDs and equipment retailers
and/or manufacturers have an impact on
the ability of consumers to access OVD
content via multiple devices, including
mobile devices?
60. We further request comment on
conditions that affect entry into the
OVD marketplace and rivalry among
OVDs. What legal and regulatory
barriers to entry do OVDs face? What
non-regulatory barriers exist? For
example, OVDs often depend on
unaffiliated ISPs to deliver content to
their customers. What affect does the
need to rely on third parties to deliver
their video content to consumers have
on the ability of entities to enter and
compete in the OVD marketplace? What
percentage of a typical ISP’s traffic is
due to OVD content? Do difficulties in
acquiring content rights, or the costs of
acquiring such rights, act as a significant
barrier to entry? Does the increasing cost
of programming content have the
potential to drive OVDs out of business?
What other non-regulatory barriers to
entry are there? What are the trends in
recent OVD entry or exit, and what
specific factors contribute to OVD entry
or exit?
61. OVD Conduct. What business
models and competitive strategies do
OVDs use to compete in the delivery of
video content? What are the key
differences among the business models
and strategies in terms of services
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offered to consumers? Some OVDs
provide content to users for free, while
others charge users a fee to access
content. Some OVDs charge a monthly
fee, while others charge separately for
each television program or movie. We
seek comment on the factors that affect
an OVD’s choice of business models.
Are OVDs increasingly inclined to
charge consumers for access to their
content? To what extent do OVDs rely
on advertising, subscription fees, perprogram fees, or other sources of
revenue? Are OVDs implementing
additional revenue strategies? We also
seek information on the prices OVDs
charge for access to video content over
the Internet. What prices are consumers
currently paying for OVD service? Have
these prices changed over the last few
years, and if so, why? In addition, we
request information on whether OVDs
are implementing business models that
are not free, subscription, or transaction
based. For example, to what extent are
OVDs entering partnerships with
MVPDs or other entities to provide
bundled, exclusive, or otherwise
enhanced access to the OVD service for
subscribers of MVPDs or other entities?
62. In the last few years, OVDs have
made an increasing amount of video
content available to consumers over the
Internet. What are the types of business
arrangements OVDs use to acquire
distribution rights for content? What
strategies are OVDs implementing to
obtain video content for their libraries?
How does the decision to charge
customers affect an OVD’s ability to
deliver additional content to
consumers? To what extent are
producers and owners of highly
desirable content willing to make that
content available to consumers online?
What other factors have an impact on
the ability of OVDs to secure the rights
to compelling content?
63. OVDs increasingly make their
video content available to subscribers
via multiple devices, including mobile
devices such as smartphones and
tablets. To what extent must OVDs make
content available via multiple devices,
including mobile devices, in order to
compete in the OVD marketplace? What
costs or difficulties do OVDs face when
attempting to make content available via
multiple devices?
64. How is OVD service advertised?
What media do OVDs use to advertise
their service? Do OVDs highlight the
availability of increasing amounts of
online video content to attract more
viewers and/or subscribers? Do OVDs
use the ability to access content via
multiple devices, including mobile
devices, as a means to attract and retain
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subscribers? What other factors do
OVDs stress in advertisements?
65. Currently, most OVD services
allow viewers to search for content (e.g.,
video clips, episodes of TV shows, or
movies) within the OVD’s library and to
view such content whenever the
customer wishes. To what extent have
OVDs begun to produce or acquire
original content? What are the costs of
producing or acquiring such content
and does such content attract additional
viewers? Are those OVDs offering
original content more competitive with
MVPDs and broadcasters? Are OVDs
providing live and local content as a
means to attract viewers (e.g., local
news and sporting events)? What
additional strategies are OVDs using to
differentiate themselves from
competitors? To what extent do OVDs
provide data on content availability to
third parties for inclusion in their
content directories?
66. OVD Performance. We seek input
concerning OVD viewership, revenue,
investment, and profitability. In order to
measure viewership, we seek
information concerning the type of
video content available online,
particularly television programs,
movies, and sports, as well as the extent
to which consumers are viewing such
content. How many consumers viewed
content online as of June 30, 2011 and
June 30, 2012? We also seek other
metrics that might be used to measure
OVD viewership, such as hits/views,
subscribership numbers, and consumer
purchase transactions. Have these
numbers increased over the last few
years, and if so, why? Has the entry of
OVDs in the marketplace resulted in
reduced viewership of video
programming from MVPDs and
broadcast television stations? What
metrics should we use to compare OVD
viewership, MVPD viewership, and
broadcast television station viewership?
How have the windowing strategies of
video content aggregators and creators
impacted OVDs? How have OVDs
increased the quantity and improved the
delivery of their video content since the
14th Report? Is the OVD market affected
by the ability of MVPDs to increase their
capacity to offer video content using
digital and IP-based technologies?
67. The 14th Report identified several
possible revenue sources for OVDs,
including fees from consumers; in-video
advertising; display advertising around
the video; product placement; and
advergaming. We seek updated revenue
data for these sources, as well as any
other revenue sources available to
OVDs. What revenue sources are the
most lucrative for OVDs?
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68. We also request information and
comment on investments and
innovations in the OVD marketplace.
What types of entities are investing in
new and existing OVDs? What financial
returns do OVDs earn on their
investments? What types of investments
are OVDs making to enhance their
growth? Are OVDs increasingly entering
into joint ventures or partnerships to
increase investment opportunities?
What innovative services or
technologies are OVDs currently
deploying? How should we measure
profitability for OVDs given that many
operate within multimedia
conglomerates or other large, diversified
businesses? Are there additional
performance metrics we should
consider for OVDs? We seek comment
on suggested ways to measure OVD
performance and relevant data that will
allow us to perform such analysis.
Rural Versus Urban Comparison
69. Section 628(a) of the
Communications Act sets as a goal
increasing the availability of video
programming to persons in rural and
underserved areas. As in previous
reports, we expect to compare
competition in the market for the
delivery of video in rural markets with
that in urban markets. The
Communications Act does not include a
definition of what constitutes a rural
area, and the Commission has used
various proxies to define rural areas,
including Economic Area (EA) Nodal
versus Non-nodal counties and
Metropolitan Statistical Area (MSA)
counties versus Rural Service Areas
(RSA) counties. In the 14th Report, the
Commission opted to use its definition
of the term ‘‘rural,’’ which it defines as
a county with a population density of
100 persons or fewer per square mile. Is
this a satisfactory definition for the
purpose of measuring the availability of
and competition among providers of
video programming? Are there other
alternatives we should consider based
on zip codes, census tracts, or some
other geographic unit to compare
competition among video programming
distributors in rural and urban areas?
70. We seek data, information, and
comment to assess whether there are
differences in the delivery of video
programming between rural and urban
areas, and the factors that account for
any differences. Are there differences
between the quantity and types of video
programming offered to rural consumers
versus urban consumers? How does
competition between MVPDs, broadcast
stations, and OVDs differ in rural and
urban areas? Are there demographic,
geographic, and economic factors
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driving competitive differences in rural
and urban markets? Which, if any,
delivered video programming services
are most often lacking in rural areas? We
recognize that most homes have access
to two DBS services—DIRECTV and
DISH Network—that provide national
service. How many homes in rural and
urban areas lack access to a cable system
or another wireline MVPD? Is the
percentage of these homes greater in
rural areas? How does access to
broadcast television stations differ
between rural and urban areas? Are
there any distinctions between rural and
urban areas in the reliance of over-theair broadcast signals? Do rural areas
have less access to high-speed Internet
service and, therefore, less access to
OVD services relative to urban areas?
How has the growth of online video
increased the buildout of broadband in
rural areas?
71. We also request information, data,
and comment regarding the differences
in the prices of delivered video service
in rural areas relative to urban areas.
Are MVPDs operating in rural areas
charged similar rates for content as
MVPDs in urban areas? How do the
retransmission rates in rural areas
compare to those in urban areas? When
MVPD service is available in rural areas,
are prices higher or quality lower
relative to urban markets? Are there
examples of rural areas that receive
delivered video programming service
similar in price and quality to those
found in urban areas?
Key Industry Inputs
Video Content Creators and Aggregators
72. Creators of video programming are
major production studios and
independent production companies.
Video content aggregators are entities
that combine video content into
packages of video programming for
distribution. Video content aggregators
include broadcast networks (e.g., ABC),
cable networks (e.g., ABC Family), and
broadcast stations (e.g., WJLA–TV,
Washington, DC). Many of the large
entertainment conglomerates include
subsidiaries that are both video content
creators and aggregators. We request
data, information, and comment that
will help us analyze the number and
size of content creators and aggregators
and the relationships between the
content creators and aggregators and the
firms that distribute video content. Do
independent production entities face
any barriers in obtaining carriage on all
or some delivery systems (including
broadcast, MVPDs, and OVDs)? In
addition, we are interested in
information regarding entities, local and
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national, creating news, public interest
programming and/or sports and the
relationships between the content
creators and those that deliver video
programming. We are also interested in
trends in vertical integration among
studios and networks. What effect, if
any, does vertical integration have on
their willingness and ability to make
programming available to MVPDs,
broadcast television stations, or OVDs
on a linear and nonlinear basis? Are
there any differences for MVPDs,
broadcasters, or OVDs with respect to
their relationships with independent
content creators in comparison to
vertically integrated content creators? If
so, what is the impact of these
differences?
73. We also seek data, information,
and comment on the business strategies
of content creators and aggregators
regarding the selling and licensing of
video content and the effect on video
distribution. In recent years, some
content owners have altered their
business strategies with respect to the
type of video content created, the timing
of release of specific video content
through the various delivery windows
(‘‘windowing’’), and the prices charged
for content in each window. How have
these changes affected competition
between distributors of video
programming or the growth of OVDs?
Have there been significant changes in
the bargaining power between content
owners and distributors of video
programming since the 14th Report?
How have changes in content creation
altered investment in the distribution of
video programming? How do the
windowing strategies of video content
owners affect the distribution of video
programming through VOD and over the
Internet? How do the business models of
OVDs (i.e., electronic sell-through,
advertising-supported, and/or
subscription-based models) alter the
windowing strategies of content
aggregators and creators? Have business
strategies changed for creators of news
programming, especially local news
programming? Do the delivery strategies
for the creators of sports programming
differ from other video content creators?
Have the business strategies of sports
leagues evolved and, if so, how? Has the
entry or growth of new video content
aggregators lead to an expanded number
of MVPD channel offerings or additional
programming on broadcast television
stations using multiple digital streams?
Are new entrants or established video
content aggregators driving the creation
of additional programming networks
and/or packages?
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Consumer Premises Equipment
74. Consumer premises equipment
traditionally refers to devices that
enable consumers to watch video
content from MVPDs and broadcast
stations on televisions. Such devices
include televisions, antennas, cable and
satellite set-top boxes, DVD players, and
recording equipment (e.g., DVRs).
Today, however, consumer premises
equipment also includes devices (e.g.,
video game consoles and media
streaming devices) that permit video
content delivered by MVPDs and OVDs
to be viewed on a television, as well as
allow video content delivered by
broadcast television stations and
MVPDs to be viewed on personal
computers or mobile devices.
75. Recently, the term ‘‘consumer
premises equipment’’ has come to
include devices, such as ‘‘connectedTVs,’’ that receive video content directly
from the Internet. Similarly, in addition
to enabling users to watch videos on
computers, several set-top boxes (e.g.,
Roku, Boxee, and Apple TV) deliver
online video directly to viewers’
televisions. With connected-TVs, game
consoles (e.g., Microsoft’s Xbox and
Sony’s PlayStation), or Blu-Ray players,
consumers can also watch certain
television programs, movies, and
sporting events online. DVR
manufacturer TiVo enables consumers
to purchase movies and television
programs from online stores, stream
movies and content from subscription
services like Hulu Plus and Netflix, and,
in certain areas, access cable-provided
video-on-demand. Likewise, mobile
devices, such as Apple’s iPad, enable
consumers to watch some television
programs and movies using broadband
wireless connections. These and other
devices allow consumers to purchase
and download online video content.
76. In the 15th Report, we plan to
discuss the devices that facilitate the
delivery of video programming and their
effect on competition in the delivery of
video programming. We recognize the
costs of consumer premises equipment
may hinder competition by, among
other things, raising consumers’
switching costs. We therefore request
information on developments relating to
consumer premises equipment and the
services providing options to consumers
for viewing video programming. In
particular, we seek information on the
retail market for set-top boxes, including
set-top boxes that do not use
CableCARDs, such as those sold at retail
for use with DBS services or for use
with OVD services. What are the
challenges that manufacturers face in
investing and innovating in consumer
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
47391
equipment? What are the different types
of consumer premises equipment—both
MVPD supplied and non-MVPD
supplied—used to access video content
and the capabilities thereof? What
prices do MVPDs typically pay for those
devices? To what extent do MVPDs offer
different equipment options at different
price points on their systems, and what
is the overall lease cost of such
equipment to subscribers? To the extent
that consumers can purchase
comparable devices, what price would a
consumer pay for such a device?
77. We also seek information and
comment on how competition among
MVPDs affects the deployment of new
CPE and delivery technologies to
improve the subscriber experience, such
as through improved search and
navigation capabilities. In particular, we
seek information on the extent to which
MVPDs are using managed IP clouds to
deliver network-based DVRs, interactive
programming guides, IP video
streaming, VOD and other interactive
applications. In addition, we request
information regarding the impact of
digital rights management technology
and conditional access technology (and
associated patent or content licensing
terms) on the availability of video
programming to consumers. What are
the adoption trends among consumers
for these types of equipment? To what
extent are CPE manufacturers partnering
with OVDs, MVPDs, content
aggregators, and content creators to offer
linear or non-linear video programming
to consumer devices?
78. We understand that there are
certain things MVPDs must coordinate
with electronics manufacturers (e.g.,
DRM, codecs, and connectors) in order
to deliver video programming to
consumers. We seek comment on other
technical specifications that MVPDs,
content owners, and consumer
electronics manufacturers coordinate.
How do these parties agree on the
devices that are used? How much
interaction is there between MVPDs
delivering video programming and
manufacturers of consumer premises
equipment, especially manufacturers of
cable and DBS set-top boxes and devices
enabling consumers to view online
video on their televisions?
Consumer Behavior
79. We seek information about how
trends in consumer behavior affect the
products and services of providers of
delivered video programming. For
instance, we seek data on trends that
compare consumer viewing of regularly
scheduled video programming with
viewing of time-shifted programming
using DVRs, VOD content, and OVD
E:\FR\FM\08AUN1.SGM
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47392
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices
wreier-aviles on DSK7SPTVN1PROD with NOTICES
content. Video content available online
is increasing, and reports indicate that
an increasing number of consumers are
viewing videos online. To what extent
are consumers becoming ‘‘cord
avoiders’’ and dropping MVPD service
in favor of OVDs or a combination of
OVDs and over-the-air television? Are
consumers reducing their MVPD
subscriptions by, for example,
substituting Netflix for premium
channels or VOD services? Do
consumers view OVD services
separately or in conjunction with overthe-air broadcast television service as a
potential substitute for MVPD service?
What impact do ‘‘cord-nevers’’ have on
the market for delivered video
programming?
80. Video distributors advertise their
services on television, in newspapers,
and through mailings, as well as offer
Internet sites where potential consumers
can find information about services,
equipment, prices, and the cost of
installation. We seek data, information,
and comment on the consumer
information sources for delivered video
programming services and equipment.
Do consumers have sufficient
information to compare the prices,
services, and equipment that video
distributors offer? What do consumers
consider most important when choosing
a provider? What do consumers say are
the main reasons for switching
providers (e.g., price, program packages,
and customer service)?
Procedural Matters
81. Ex Parte Rules. There are no ex
parte or disclosure requirements
applicable to this proceeding pursuant
to 47 CFR 1.204(b)(1).
82. Comment Information. Pursuant
to sections 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using: (1) the Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/ or the Federal
eRulemaking Portal: https://
www.regulations.gov.
D For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
VerDate Mar<15>2010
15:11 Aug 07, 2012
Jkt 226001
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet email. To get filing instructions,
filers should send an email to
ecfs@fcc.gov, and include the following
words in the body of the message ‘‘get
form.’’ A Sample form and directions
will be sent in response.
D Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th Street SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
D U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
D People with Disabilities: Contact the
FCC to request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–19107 Filed 8–7–12; 8:45 am]
BILLING CODE 6712–01–P
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Frm 00035
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FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (www.fmc.gov)
or by contacting the Office of
Agreements at (202) 523–5793 or
tradeanalysis@fmc.gov.
Agreement No.: 010099–056.
Title: International Council of
Containership Operators.
Parties: A.P. Moller-Maersk A/S;
China Shipping Container Lines Co.,
˜´
Ltd.; CMA CGM, S.A.; Companıa
´
´
Chilena de Navegacion Interoceanica
S.A.; Compania SudAmericana de
Vapores S.A.; COSCO Container Lines
Co. Ltd; Crowley Maritime Corporation;
Evergreen Marine Corporation (Taiwan),
¨
Ltd.; Hamburg-Sud KG; Hanjin Shipping
Co., Ltd.; Hapag-Lloyd AG; Hyundai
Merchant Marine Co., Ltd.; Kawasaki
Kisen Kaisha, Ltd.; Mediterranean
Shipping Co. S.A.; Mitsui O.S.K. Lines,
Ltd.; Neptune Orient Lines, Ltd.;
Nippon Yusen Kaisha; Orient Overseas
Container Line, Ltd.; Pacific
International Lines (Pte) Ltd.; United
Arab Shipping Company (S.A.G.); Wan
Hai Lines Ltd.; Yang Ming Transport
Marine Corp.; and Zim Integrated
Shipping Services Ltd.
Filing Party: John Longstreth, Esq.; K
& L Gates LLP; 1601 K Street NW.;
Washington, DC 20006–1600.
Synopsis: The amendment deletes
Regional Container Lines Public
Company Limited from the agreement.
Agreement No.: 011284–071.
Title: Ocean Carrier Equipment
Management Association Agreement.
Parties: APL Co. Pte. Ltd.; American
President Lines, Ltd.; A.P. MollerMaersk A/S; CMA CGM, S.A.; Atlantic
Container Line; China Shipping
Container Lines Co., Ltd; China
Shipping Container Lines (Hong Kong)
Co., Ltd.; Companhia Libra de
Navegacao; Compania Libra de
Navegacion Uruguay S.A.; Compania
Sud Americana de Vapores, S.A.;
COSCO Container Lines Company
Limited; Evergreen Line Joint Service
¨
Agreement; Hamburg-Sud; Hapag-Lloyd
AG; Hapag-Lloyd USA LLC; Hanjin
Shipping Co., Ltd.; Hyundai Merchant
Marine Co. Ltd.; Kawasaki Kisen Kaisha,
Ltd.; Mediterranean Shipping Company,
S.A.; Mitsui O.S.K. Lines Ltd.; Nippon
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47383-47392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19107]
[[Page 47383]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 12-203; FCC 12-80]
Annual Assessment of the Status of Competition in the Market for
the Delivery of Video Programming
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is required to report annually to Congress on
the status of competition in markets for the delivery of video
programming. This document solicits data, information, and comment on
the status of competition in the market for the delivery of video
programming for the Commission's Fifteenth Report (15th Report). The
15th Report will provide updated information and metrics regarding the
video marketplace in 2011 and 2012. Comments and data submitted in
response to this document in conjunction with publicly available
information and filings submitted in relevant Commission proceedings
will be used for the report to Congress.
DATES: Interested parties may file comments, on or before September 10,
2012, and reply comments on or before October 10, 2012.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Johanna Thomas, Media Bureau (202)
418-7551, or email at johanna.thomas@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Annual Assessment of the Status of Competition in the Market for
Delivery of Video Programming, Notice of Inquiry (NOI), in MB Docket
No. 12-203, FCC 12-80, released July 20, 2012. The complete text of the
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street SW., Washington, DC
20554, and may also be purchased from the Commission's copy contractor,
BCPI, Inc., Portals II, 445 12th Street SW., Washington, DC 20054.
Customers may contact BCPI, Inc. at their Web site https://www.bcpi.com
or call 1-800-378-3160.
Synopsis of Notice of Inquiry
1. Section 628(g) of the Communications Act of 1934, as amended
(the Communications Act) requires the Commission to report annually on
``the status of competition in the market for the delivery of video
programming.'' This NOI solicits data, information, and comment on the
state of competition in the delivery of video programming for the
Commission's Fifteenth Report (``15th Report''). We seek to update the
information and metrics provided in the Fourteenth Report (``14th
Report'') and report on the state of competition in the video
marketplace in 2011 and 2012. Using the information collected pursuant
to this NOI, we seek to enhance our analysis of competitive conditions,
better understand the implications for the American consumer, and
provide a solid foundation for Commission policy making with respect to
the delivery of video programming to consumers.
2. We invite all interested parties to provide input for the 15th
Report. We seek to collect data to gain further insight into such areas
as the deployment of new technologies and services, as well as
innovation and investment in the video marketplace. The entry of each
new delivery technology provides consumers with increasing options in
obtaining video content. We therefore request comment on industry
structure, market conduct and performance, consumer behavior, urban-
rural comparisons, and key industry inputs for video programming. To
the extent possible, we request commenters to provide information and
insights on competition using this framework.
3. In particular, we request data, information, and comment from
entities that provide delivered video programming directly to
consumers. These entities include multichannel video programming
distributors (MVPDs), broadcast television stations, and online video
distributors (OVDs). We also seek data, information, and comment from
entities that provide key inputs into video programming distribution.
These include content creators and aggregators as well as manufacturers
of consumer premises equipment, including equipment that enables
consumers to view programming on their television sets and on other
devices (e.g., smartphones and tablets). In addition, we request data,
information, and comment from consumers and consumer groups. The
accuracy and usefulness of the 15th Report will depend on the quality
of the data and information we receive from commenters in response to
this NOI. We encourage thorough and substantive submissions from
industry participants, as well as state and local regulators with
knowledge of the issues raised. When possible, we will augment reported
information with submissions in other Commission proceedings and from
publicly available sources.
4. We expect to use the revised analytical framework adopted in the
14th Report. Under this framework, first we categorize entities that
deliver video programming into one of three groups: MVPDs, broadcast
television stations, or OVDs. Entities delivering video content are
assigned to these strategic groups based on similar business models or
combination strategies. Second, we examine industry structure, conduct,
and performance, considering factors such as: (1) The number and size
of firms in each group, horizontal and vertical integration, merger and
acquisition activity, and conditions affecting entry and the ability to
compete; (2) the business models and competitive strategies used by
firms that directly compete as video programming distributors,
including product differentiation, advertising and marketing, and
pricing; and (3) the improvements in the quantity, quality, and
delivery methods of programming to subscribers, subscriber and
penetration rates, financial indicators (e.g., revenue and
profitability), and investment and innovation activities. Third, we
look upstream and downstream to examine the influence of industry
inputs and consumer behavior on the delivery of video programming. In
the 14th Report, we discussed two key industry inputs: video content
creators and aggregators and consumer premises equipment.
5. We seek comment on whether the analytic framework adopted in the
14th Report is a useful way for the Commission to evaluate and report
on the status of video programming competition or whether modifications
are needed for the 15th Report. Do the three strategic group
classifications allow us to adequately assess the interaction across
these groups? Are an entity's business incentives or competitive
concerns affected by operating in more than one group? How does the
placement of entities into strategic groups affect by their ability to
offer multiple services (i.e., video, voice and broadband)? What
influence do industry structure, conduct, and performance have on one
another?
6. The data reported in previous reports on the status of
competition for the delivery of video programming were derived from
various sources, including data the Commission collects in other
contexts (e.g., FCC Form 477 and FCC Form 325), comments filed in
response to notices of inquiry and other Commission proceedings;
publicly available information from industry associations; company
filings and news releases; Security and Exchange Commission filings;
data from trade
[[Page 47384]]
associations and government entities; data from securities analysts and
other research companies and consultants; company news releases and Web
sites; corporate presentations to investors, newspaper and periodical
articles; scholarly publications; vendor product releases; white
papers; and various public Commission filings, decisions, reports, and
data. We seek comment on whether there are additional data sources
available for our analysis. What other sources of data, especially
quantitative data, should we use to perform a comprehensive analysis of
the market for the delivery of video programming? Are there certain
stakeholders we should reach out to in order to diversify the data and
further supplement the record?
7. In previous Notices of Inquiry, we have requested data as of
June 30 of the relevant year to monitor trends on an annual basis. To
continue our time-series analysis, we request data as of June 30, 2011,
and June 30, 2012. We also recognize that a significant amount of data
and information are reported on a calendar year basis, and as such, we
ask commenters to provide year-end 2011 data when readily available and
relevant.
Providers of Delivered Video Programming
8. We seek information and comment that will allow us to analyze
the structure, conduct, and performance of MVPDs, broadcast television
stations, and OVDs. To improve our description and analysis of the
video products within each group, we seek specific and granular
quantitative and qualitative data as well as information from companies
in each group. In addition, we request comment from the perspective of
consumers, advertisers, content aggregators, content creators, and/or
consumer premises equipment manufacturers on whether and to what extent
MVPDs, broadcast stations, and OVDs consider the other two groups'
offerings to be complements and/or substitutes for one another.
Multichannel Video Programming Distributors
9. MVPD Structure. MVPDs include all entities that make available
for purchase multiple channels of video programming. In our 14th
Report, we determined that most MVPD subscribers use cable, DBS, or
telephone MVPDs for their video service. Fewer than one percent of MVPD
subscribers use other types of MVPDs (e.g., home satellite dishes
(HSD), open video systems (OVS), wireless cable systems, and private
cable operators (PCOs). We also found that little reliable data is
available for these other types of MVPDs. We request comment on the
extent to which these other types of MVPDs should be included in the
15th Report.
10. For each type of MVPD, we seek data on the number of MVPD
providers, the number of homes passed, the number of subscribers for
delivered video programming, the number of linear channels and amount
of non-linear programming offered, the ability of subscribers to watch
programming on multiple devices, and the geographic area in which
individual providers offer service. In addition, we seek comment on the
most appropriate unit of measurement for assessing geographic coverage.
We note that different types of MVPDs may report data regarding
availability and use that is not standardized to a common geographic
unit. This greatly hinders our ability to assess the competitive
alternatives available to homes and to identify where MVPDs are engaged
in head-to-head competition. In the 14th Report, we addressed this
concern in the context of estimating the number of homes with access to
multiple MVPDs. We therefore seek data and information on the number of
homes that are passed by one MVPD, two MVPDs, and three or more MVPDs.
We wish to identify those markets and geographic areas where head-to-
head competition exists, where entry is likely in the near future, and
where competition once existed but failed. What factors influence a
subscriber's decision to switch from one type of MVPD service to
another, for instance from cable MVPD service to DBS MVPD service or
vice versa?
11. We request information identifying differences between cable,
DBS, and telephone MVPD subscribers. Are DBS subscribers more likely to
reside in rural areas or areas not served by cable systems? What
percentage of homes cannot receive DBS service because they are not
within the line-of-site of the satellite signal? In addition, we
request updated information on the number of markets where DBS
operators provide local-into-local broadcast service. Particular MVPD
providers offer bundles of multiple services, including broadband,
voice, and mobile wireless services. How, if at all, do these bundled
offerings affect competition? For example, what affect, if any, does
the inability of DBS operators to directly provide broadband, voice,
and mobile wireless services along with their video service have on
competition among and the financial performance of MVPDs?
12. With respect to non-contiguous states, do DBS MVPDs offer the
same video packages at the same prices in Alaska and Hawaii as they
offer in the 48 contiguous states? Do subscribers need different or
additional equipment to receive video services in these states?
13. We seek comment on other MVPDs such as HSD and PCOs. Are these
technologies still relevant today? If so, how are they relevant and to
what extent are they available?
14. The Commission has not addressed the extent to which wireless
providers offering video programming to mobile phones and other
wireless devices should be classified as MVPDs under the Act, and we do
not intend to do so within the context of this proceeding. We note
that, in past reports, the Commission considered certain of these
providers in its analysis of video competition. For the 15th Report, we
request information on the extent to which mobile wireless providers
continue to offer video programming to their customers. How has this
changed during 2011 and the first half of 2012, and what are the
reasons for such changes? How and to what extent do mobile wireless
providers and MVPDs use wireless technologies, including Wi-Fi and
wireless broadband, to provide video programming today, and what trends
should we anticipate for the future? How do these services compete with
or complement the traditional video programming services offered by
MVPDs and by other providers of video programming?
15. In the 14th Report, we did not directly measure horizontal
concentration for video distribution. Rather, we estimated the number
of homes on a nationwide basis that have access to two, three, or four
MVPDs. We seek comment on the value of our approach. We also seek data
or comment on what information we can acquire to assist us in
performing this analysis. Likewise, we invite analysis regarding the
relationship between horizontal concentration and competition. To what
extent does horizontal concentration affect price or quality of
service?
16. In merger reviews, the Commission routinely examines horizontal
concentration. It has classified MVPD service as a distinct product
market and found individual homes to be the appropriate focus regarding
competitive choices. In the 15th Mobile Wireless Report, the Commission
applied the Herfindahl-Hirshman Index (HHI) to shares of mobile
wireless connections held by facilities-based wireless providers at the
level of Economic Areas, calculating shares of connections from the
providers' number of connections.
[[Page 47385]]
These Economic Areas are compiled based on census block data. For
purposes of the 15th Report, we seek comment on the appropriate
methodology for calculating concentration in delivered video services.
Should we continue to consider MVPDs a separate product market, or are
there narrower or broader product segments we should consider? What are
the appropriate geographic markets associated with these product
markets (e.g., individual households, census tracts, or cable franchise
areas)?
17. In 1992, Congress enacted provisions related to common
ownership between cable operators and video programming networks. In
the 14th Report, we discussed vertical integration in terms of
affiliations between programming networks and MVPDs. Specifically, we
identified the number of national video programming networks affiliated
with one or more MVPDs. Similarly, we reported on regional programming
networks affiliated with MVPDs. We also differentiated between the
availability of standard definition (SD) and high definition (HD)
versions of individual networks consistent with recent Commission
decisions.
18. We anticipate reporting this type of information again in the
15th Report. We therefore request data, information, and comment on
vertical integration between MVPDs and video programming networks. In
particular, we request information on satellite and terrestrially
delivered national and regional networks. How should we measure such
vertical integration? For purposes of analyzing vertical integration,
how should we determine affiliation? Should we use a minimum ownership
share or apply standards similar to those contained in our attribution
rules rather than report on any known affiliations as we have done in
the past?
19. Underlying regulatory, technological, and market conditions
affect market structure and influence the total number of firms that
can compete successfully in the market. We invite comments and
information regarding the conditions that affect the entry into MVPD
markets and rivalry among MVPDs.
20. A number of provisions of the Communications Act and the
Commission's rules affect MVPD operators in the market for the delivery
of video programming. These include, for example, regulations governing
program access, program carriage, must carry, retransmission consent,
franchising, effective competition, access to multiple dwelling units,
exclusivity, inside wiring, leased access, ownership, over-the-air
reception devices, and public interest programming. We seek comment on
the impact of these regulations and other Commission rules on entry and
rivalry among MVPDs. Are MVPDs identifying the costs attributed to any
of these regulations (e.g., retransmission consent) on the bills of
their subscribers?
21. We also request data on the number of channels MVPDs dedicate
on their respective systems to must-carry; public, educational, and
governmental (PEG); and leased access programming. On which tier are
these channels placed and is extra equipment required to view them? Are
there more or fewer PEG and leased access channels carried on MVPD
systems than were carried as of June 2010? What data sources exist to
track the availability of PEG and leased access programming? We
recognize that the regulations applicable to cable operators may differ
from the regulations applicable to DBS systems and other MVPD
operators. How do regulatory disparities affect MVPD rivalry? We also
solicit comment on specific actions the Commission can take to
facilitate MVPD entry and rivalry with the intent to increase consumer
choice in the delivery of video programming. In addition, we request
comment on any state or local regulations that affect entry and rivalry
among MVPDs.
22. We seek information and comment on non-regulatory conditions
affecting MVPD entry and rivalry, including the availability of
programming. Do these conditions include economies of scale, where
large MVPDs can spread fixed costs over more subscribers or negotiate
lower prices for video content? Do these conditions also include
expected retaliation, where potential MVPD entrants believe incumbents
will lower prices to any home considering switching to the new MVPD
entrant? What other non-regulatory conditions influence MVPD entry and
rivalry?
23. MVPD Conduct. MVPDs may choose from a variety of business
models and competitive strategies to attract and retain subscribers and
viewers. MVPDs decide, for example, the type of delivered video
services they will offer, the programming they offer consumers, and how
they package the programming (i.e., the number of tiers of video
programming and the specific programming carried on each tier); the
complementary product features they will offer (e.g., HD, DVR (digital
video recorder), video-on-demand (VOD), online video programming to PCs
and mobile devices, and bundled services where telephony and/or
broadband is packaged with video service). MVPDs also decide the level
of advertising, the degree of vertical integration with suppliers of
video programming, whether to initiate or respond to price discounting,
and their approach to customer service.
24. We seek descriptions of the varied business models and
strategies used by MVPDs for the delivery of video programming. What
are key differences among the business models and strategies in terms
of services offered to consumers? How do providers distinguish their
delivered video services from their rivals? Do cable, DBS, and
telephone MVPDs offer comparable video services? Does DBS ``local-into-
local'' delivery of broadcast television signals make it a closer
substitute for cable than it would be otherwise? We note that content
creators have negotiated ``TV Everywhere'' agreements in which MVPD
subscribers receive access to programming via VOD, online, and mobile
wireless devices. To what extent do MVPDs view VOD and TV Everywhere
service offerings, both online and on mobile wireless devices, as ways
to retain existing subscribers and attract new ones? How extensively do
MVPDs offer specialized services to consumers (e.g., multi-room DVR
service, more channels, more HD, video content online, access to
content on mobile devices, and/or a variety of bundles)? How do MVPDs
advertise their services to existing and potential subscribers? What
delivered video services do they feature in their advertising?
25. We also seek information regarding the pricing behavior of
MVPDs. How does the price MVPDs pay for programming, including sports
programming, impact the prices they charge to consumers? Are the prices
of MVPD video packages and services easily identifiable and well-
explained on consumers' monthly bill and/or MVPDs' web sites and other
promotional materials? To what extent do providers of MVPD service
reduce prices or offer promotion pricing to attract new subscribers
and/or retain existing subscribers? Do providers negotiate with
individual subscribers over prices before and after introductory
periods? Do homes that subscribe to the same delivered video services,
from the same provider, in the same geographic area, pay different
prices? How do bundles of service (i.e., packages that combine video,
voice, equipment, and/or Internet service) affect the price charged for
video services? To what extent have MVPDs been raising prices?
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26. We are interested in learning whether an increase in the number
of MVPD rivals affects pricing strategies. Do MVPDs charge lower prices
(or use different pricing strategies) to homes that have access to
multiple MVPDs? For its Annual Cable Price Survey, the Commission
collects price data from a sample of cable systems, but does not
collect price data for other types of MVPDs (e.g., DBS and AT&T U-
verse). We seek price data for MVPDs not included in the Annual Cable
Price Survey, such as the monthly rate for both the lowest programming
package and any equipment needed to access the video service. What
additional data sources on MVPD prices are available for our 15th
Report?
27. We also seek information on the competitive strategies of MVPDs
in providing VOD and TV Everywhere programming on fixed and mobile
devices. In particular, we are interested in learning what competitive
issues MVPDs encounter when acquiring content for VOD and TV Everywhere
from content creators and aggregators. Does the horizontal or vertical
integration of content creators or aggregators, particularly companies
that own broadcast television stations as well as broadcast and cable
networks and studios, impact the ability of MVPDs to acquire rights to
programming or the price of the programming? How does the size of an
MVPD impact its bargaining power in such negotiations?
28. We seek data and comment on the provision of local news and
sports by MVPDs as a competitive strategy in the delivery of video
programming. What other types of local programming do MVPDs offer? What
data sources are available to help in our analysis of MVPD provision of
local news and sports, as well as other local programming?
29. As discussed above, we seek data, information, and comment on
trends in horizontal and vertical mergers and acquisitions. Has any
MVPD acquired sufficient market power to impair competition? If so, how
has competition been impaired? What consumer benefits, if any, have
recent horizontal and vertical mergers achieved? In addition, we invite
comment on any other issues concerning MVPD conduct that will assist
our analysis of competition in the delivery of video programming by
MVPDs.
30. MVPD Performance. We seek comment on the information and time-
series data we should collect for the analysis of various MVPD
performance metrics. In the 14th Report, we considered performance
metrics such as subscribership and penetration rates, financial
performance, and investment and innovation. We expect to continue to
report on these metrics in the 15th Report. Are there other metrics
that would enhance our analysis of MVPD performance? To the extent
commenters suggest other metrics, we request data for their use in
preparation of the 15th Report.
31. We seek data, information, and comment on trends in the number
of linear video channels as well as VOD and TV Everywhere video content
offered by MVPDs to fixed and mobile devices. Has the number of linear
channels and/or the number of VOD and TV Everywhere programs available
increased? What are the most popular MVPD programming packages?
Describe these packages in terms of the total number of analog and SD
channels, number of HD channels, and number of VOD and TV Everywhere
offerings. Are there geographic differences with respect to programming
choices? How is the deployment of next-generation MVPD technologies
affecting the amount of programming MVPDs offer subscribers on a linear
and non-linear basis? What effect has the entry of additional MVPDs had
on programming choices and improvements in the delivery of video
programming? What impact has the growth in OVD services had on MVPD
services, in particular the deployment of VOD and TV Everywhere
services? What are the subscription levels for DVR and HD services? How
many VOD titles are viewed per system?
32. We seek data and information regarding the number of homes
passed nationally, the number of subscribers, and the resulting
penetration rate for MVPD service. We also request data regarding
trends in the number of new homes that subscribe to MVPD services. In
addition, we solicit subscription data for the channel lineup packages
(including international, other specific genres, and premium) and other
delivered video programming services that MVPDs currently market to
consumers. What percentage of customers subscribe to these video
packages and other delivered video programming services? How does
subscription and penetration data vary by geographic region for MVPDs?
What is the level of ``churn'' (i.e., consumer switching among MVPDs)
and is it increasing or decreasing?
33. We request information on various measures of MVPD financial
performance, including data on MVPD revenues, cash flows, and margins.
To the extent possible, we seek five-year time-series data to allow us
to analyze trends. We are interested in the performance of the MVPD
industry as a whole as well as the performance of individual MVPDs.
What is the average revenue per MVPD subscriber? What are the major
sources of video-related revenue for MVPDs? What percentage of total
revenue is derived from each of these sources? What are the major
video-related drivers of revenue growth? What are the major sources of
costs for MVPDs, including programming costs? What is the impact of
such costs on MVPDs? We seek data, information, and comments regarding
profitability. What metrics and data should we use to measure
profitability (e.g., return on invested capital, operating margins)?
Are there any other quantitative or qualitative metrics that would add
to our analysis of MVPD financial performance? We recognize that many
MVPDs also provide non-video services, such as voice and high-speed
Internet services, along with video service often offered on a bundled
basis. We also note that MVPDs may cross-subsidize services. Our focus,
however, is delivered video programming, and commenters submitting
financial data should separate video from non-video services.
Commenters should specify the methodology each firm uses for allocating
joint and common costs. Likewise, commenters should explain the
methodology each firm uses for allocating bundled revenue.
34. We ask commenters to provide information concerning MVPDs'
investments in the market for video programming, including investment
levels over time, investment per subscriber, investment as a percentage
of revenue, and capital expenditures by individual MVPDs. Does
investment vary by geographic region or between national and regional
providers? What innovative services or technologies are MVPDs currently
deploying? What is driving this deployment? In addition, we seek
comment on how investment and innovation affect competition among MVPDs
and other providers of delivered video programming. Have OVDs spurred
investment and innovation by MVPDs? To what extent do content
aggregators and creators as well as manufacturers of consumer premises
equipment influence MVPD investment and innovation?
35. We also request information on the pace at which MVPDs are
deploying, or have plans to deploy, new technologies, including
transitioning from analog, or hybrid analog/digital, to all-digital
distribution, adding IP-delivered video programming, deploying more
efficient video encoding technologies (e.g., MPEG-4), deploying
enhanced transmission technologies
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(e.g., DOCSIS 3.0) and expanding 3-D services. To the extent that MVPDs
are migrating to digital or otherwise repurposing spectrum, we seek
comment on what new or additional services are they providing to
consumers (e.g., more HD channels, broadband, VOD, etc.).
Broadcast Television Stations
36. Broadcast Television Structure. Providers of broadcast
television service include both individual and group owners that hold
licenses to broadcast video programming to consumers. Consumers who do
not subscribe to an MVPD service may rely on over-the-air distribution
of broadcast televisions for their video programming. Also, many MVPD
homes receive broadcast television stations over-the-air on television
sets that they have chosen not to connect to MVPD service. The
Commission already collects data on the number of broadcast television
stations in each designated market area (DMA) and ownership of
broadcast television stations using our CDBS database, and purchases
data from BIA/Kelsey and The Nielsen Company. We seek additional data
concerning the number of households that rely on over-the-air broadcast
television service, either exclusively or supplemented with OVD
service, rather than receiving broadcast programming from an MVPD. In
addition to the number of homes relying on over-the-air broadcast
service, we request information regarding any demographic and
geographic characteristics of such households. We also seek data on the
percentage of households that own television sets, i.e., the total
number of television households. We also seek data regarding the number
of households with DVRs and HD sets. How many households routinely view
broadcast programming over-the-air in addition to subscribing to an
MVPD?
37. We are interested in tracking common ownership of broadcast
stations nationally and by DMA. Commission rules limit the number of
broadcast television stations an entity can own in a DMA, depending on
the number of independently owned stations in the market. The
Commission already collects data that we can use to assess the
horizontal structure of broadcast television stations, including the
number of stations in each DMA and the ownership of each station. Is
there other available data that may better inform our assessment of
horizontal concentration in the broadcast station industry?
38. The Commission has collected data that we can use to analyze
trends in vertical integration, including data on the number of
broadcast stations owned by or affiliated with video content creators
and aggregators. For the 15th Report, we seek to report on the vertical
integration of broadcast television stations with broadcast networks
and cable networks as we have done in the past. As such, we seek data
on the vertical structure of the broadcast television industry. How
many broadcast television stations, nationally and within each DMA, are
vertically integrated with a broadcast network or a cable network?
What, if any, trends exist with respect to the vertical integration
between television stations and broadcast networks or cable networks?
How does the vertical integration of television stations with broadcast
networks, cable networks, and studios affect their ability to negotiate
with MVPDs and OVDs for carriage rights? We also seek comment on ways
to improve our analysis of vertical integration.
39. We also request data, information, and comment on the impact of
horizontal and vertical combinations on the competitive condition of
broadcast television stations with respect to the delivery of video
programming. Does group ownership of broadcast stations within a DMA
and/or across DMAs affect advertising revenue? Does group ownership
within a DMA or across DMAs affect the price paid for video content?
Are broadcast television stations that are vertically integrated with
broadcast television networks better able to compete in the delivery of
video programming? Do joint sales agreements (JSAs), local marketing
agreements (LMAs), and shared services agreements (SSAs) impact the
provision of programming to the public? Do these types of sharing
arrangements affect the competitiveness of independent stations?
40. The Commission's spectrum allocation and licensing policies
affect the structure of broadcast television by limiting the number of
stations located in a given geographic area. Other Commission rules
limit the number of broadcast television stations an entity can own in
a DMA as well as limit the national audience reach of commonly owned
broadcast television stations. Congress recently enacted legislation
that provides for voluntary participation of broadcast station
licensees in ``reverse auctions'' in which they may offer to relinquish
some or all of their licensed spectrum usage rights in exchange for a
share of the proceeds from a ``forward auction'' of licenses for the
use of any reallocated TV broadcast spectrum. In the 14th Report, we
noted that these statutory and regulatory actions may affect the entry
and rivalry of broadcasters. We seek data, information, and comment on
the impact of these requirements on entry and rivalry in the broadcast
television industry. Are there other regulations that affect entry and
rivalry of broadcast television stations? We ask commenters to provide
data and examples for each regulation that affects entry and rivalry.
41. We seek information and comment on non-regulatory conditions
affecting entry and rivalry, including access to capital and
programming. For example, are there supply-side economies of scale that
enable commonly owned broadcast television stations to spread fixed
costs over greater audiences? Are there demand-side economies of scale
that enable commonly owned broadcast television stations to negotiate
lower prices for video programming? We invite analysis of the
relationship between the advertising market and entry and exit in
broadcast television. What other non-regulatory conditions influence
entry and rivalry and to what extent? Which broadcast station licensees
have entered or exited the broadcast televisions industry and why?
42. Broadcast Television Conduct. Because broadcast television
stations do not charge consumers directly for the delivery of their
signals, they do not compete on price in the traditional sense.
Broadcast television is free to consumers who receive it over-the-air.
Nevertheless, since about 90 percent of all television households
receive broadcast stations from an MVPD, most consumers pay for
broadcast stations as part of their MVPD service. In the case of cable,
broadcast television stations are part of the basic service package,
which is generally a low price offering. What price do MVPDs charge to
consumers to receive broadcast television stations on their basic tier
of service?
43. Commercial broadcast television stations earn revenue from
advertising. We seek data, information, and comment on the business
strategies of broadcast television stations as they confront changes in
the advertising market, both long-term changes and those changes
brought on by the economic downturn. In particular, we seek data on
trends in prices for spot and local advertising on broadcast television
stations. How does revenue from political advertising affect
broadcasters' business strategies? To what extent has offering video
content online increased the advertising revenue of broadcast stations?
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44. Some commercial broadcast television stations also earn revenue
in the form of retransmission consent fees from MVPDs in return for
carriage of their stations. We seek information regarding the types and
characteristics of stations seeking retransmission consent fees. We
also request comment on the types and characteristics of stations
choosing MVPD carriage under the must-carry regime. In addition, we
request information regarding any business strategies aimed at
increasing revenue from retransmission consent fees. What prices (per
subscriber) are broadcast stations receiving from MVPDs for
retransmission consent?
45. Broadcast stations compete with each other for viewers and
advertisers on two major non-price criteria--programming and the
ability to view such programming in multiple formats. As a result of
the digital transition, each broadcast television station has been
allotted 6 MHz of spectrum permitting multiple linear program streams,
HD broadcasts, and/or the delivery of programming to mobile devices. We
seek data, information, and comment on the use of multiple program
streams as a business strategy to enhance a broadcaster's competitive
position in the delivery of video programming. What types of
programming are broadcasters carrying on their multiple streams? Does
the ability to offer multiple programming streams since the digital
transition enhance the ability of broadcasters to attract viewers to
over-the-air video service and to compete against MVPDs? We also seek
data, information, and comment on the number of broadcast television
channels available in each DMA, counting both primary stations and
additional multicast programming streams. Has the amount of programming
increased since the digital transition?
46. Are broadcasters using HD programming as a strategy to attract
viewers? How many broadcast television stations offer video content in
HD? What percentage of their programming is in HD? Has this percentage
increased over time? What effect does the ability to offer video
programming in HD have on broadcast stations' ability to compete
against other broadcasters and attract viewers? Are broadcasters using
their ability to deliver programming to mobile devices as a competitive
strategy? How many broadcasters are currently delivering programming to
mobile devices? Do broadcasters have business plans to use some of
their digital capacity for a subscription service or to lease a portion
of their digital spectrum capacity to others for a subscription
service?
47. Broadcasters remain important providers of local news. We seek
data and comment on the provision of local news as a competitive
strategy in the delivery of video programming and the geographic
availability of local news programming. We also request comment on the
strategies and partnerships broadcasters are using to deliver news
online. Does the ability to distribute programming online lead some
broadcasters to increase their investment in news and information
programming or provide news to consumers that might not otherwise be
available?
48. For many years, broadcast television networks have used their
local broadcast television affiliated stations as their primary
distributor of programming. We solicit comment on whether and how
broadcast television stations position themselves to remain the primary
distributor of broadcast television network programming. To what extent
is local broadcast programming available online, either on their own
Web sites or through licensing agreements with OVD aggregators, such as
Hulu and iTunes? What effect does the availability of broadcast
programming online have on broadcast stations? Are there benefits to
broadcasters of making video content available online and on devices
other than a television set? If so, what are those benefits?
49. Finally, what competitive strategies do broadcast television
stations use to distinguish themselves from other broadcast television
stations? For example, are broadcasters investing in local programming,
other than news, to enhance the competitive position of their stations?
We also seek data, information, and comment on the additional business
strategies broadcast television stations use in competing against each
other.
50. Broadcast Television Performance. We seek information and time-
series data for the analysis of various performance metrics for
broadcast television. These metrics include the improvements in
quantity and quality of broadcast television station programming, over-
the-air viewership, viewership from carriage on MVPDs, revenue from
advertising, revenue from retransmission consent fees, other revenue,
investment and innovation, and rate of return/profitability.
51. We seek data, information, and comment on the viewership of
broadcast television stations both from over-the-air reception and MVPD
carriage. What is the trend in total viewership in total household
terms? What is the trend in the share of the total audience that
broadcast television stations receive either over-the-air or via MVPD
carriage relative to the share received by cable networks carried by
MVPDs? How many households view broadcast television stations online
rather than over-the-air?
52. We seek data on broadcast television station revenues, cash
flows, and profit margins. We are interested in the performance of the
broadcast television industry as a whole as well as the performance of
broadcast television stations, on average.
53. In the 14th Report, we provided information regarding the major
sources of revenue for broadcast stations--advertising, network
compensation, retransmission consent, and ancillary DTV revenues. We
seek data on each of these revenue sources. What percentage of total
revenue is derived from each of these sources? How are these revenue
sources and their relative shares of total revenue changing? Are there
changes to the network/affiliate relationships that affect broadcast
stations' revenues? We specifically seek information regarding the
extent to which network affiliated broadcast stations now pay ``reverse
compensation'' to their networks and/or share retransmission consent
revenues with the network. We realize that some broadcast stations are
integrated with other businesses but we are primarily interested in
financial data related directly to the video programming of broadcast
television stations, such as the local and national advertising
revenue, retransmission consent fees, and revenue from stations' Web
sites.
54. We also seek data regarding the profitability of broadcast
television stations. In the 14th Report, we assessed profitability by
examining both financial reports and data on a station-level and
company-level basis. What metrics and data should we use in the 15th
Report to measure profitability (e.g., return on invested capital and
operating margins)? What are the major expenses for broadcast
television stations? We are particularly interested in the impact of
programming costs on broadcast television stations. Has the financial
performance of broadcast stations improved given the broader
distribution of broadcast stations' video programming through nonlinear
formats, such as OVDs, VOD, and TV Everywhere services? Are there any
other quantitative or qualitative metrics that would add to our
analysis of broadcast television stations' financial performance?
55. We seek comment on how investment in digital television affects
competition among broadcast television stations and in the larger
market for the delivery of video programming. We
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request data on broadcast television stations' investment in digital
television and innovative technologies for distributing traditional
programming, as well as on the financial returns of these investments.
What has investment in digital television done to enhance the
competitive position of broadcast television stations in the delivery
of video programming? Are there geographic differences in the amount of
investment?
Online Video Distributors
56. OVD Structure. OVDs are entities that distribute video content
over the Internet to consumers. To receive video content distributed by
an OVD, a consumer must subscribe to a high-speed Internet access
service. The Commission already collects data on entities that provide
fixed and mobile high-speed Internet access services. We therefore have
significant information regarding the structure, conduct, and
performance of the broadband markets, including the number and size of
participants, the number of homes that have access to each provider's
high-speed Internet service, the download and upload speeds, the
services offered by broadband providers, and the prices charged for
broadband service. With respect to the delivery of video content by
OVDs, we seek comment on the best available sources of information to
enable us to analyze OVDs. The 14th Report surveyed some of the major
players in the OVD marketplace, but lacked data and information
covering the OVD industry as a whole. To the extent they are available,
we ask commenters to provide data and information regarding the OVD
marketplace for the 15th Report.
57. The OVD marketplace has grown substantially over the last few
years. Today, OVDs include programmers and content producers/owners
(e.g., broadcast and cable networks, sports leagues, and movie
studios), video sharing sites and social network services (e.g.,
YouTube and Facebook), and affiliates of manufacturers, retailers, and
other businesses (e.g., Amazon.com and Wal-Mart's Vudu service). We
request data, information, and comment on the number, size, and types
of OVDs. Are OVDs typically affiliated with other businesses or are
they stand-alone entities? To what extent do individual OVDs compete
with other OVDs? What data sources are available to analyze the
structure of the OVD marketplace? What entities do OVDs view as direct
competitors? For instance, do OVDs compete with MVPDs and/or broadcast
television stations? Is OVD service a substitute or complement for MVPD
service? What data are available and what metrics should we use to
analyze the extent to which OVDs' services are a substitute or
complement to MVPD service?
58. We request input about issues relating to horizontal
concentration and vertical integration in the OVD marketplace. In the
14th Report, we noted that it is difficult to measure horizontal
concentration in the OVDs market due to continual entry and exit of
industry participants, inability to access necessary data, and lack of
established metrics to measure OVD performance. Are there any new data
sources available that would help the Commission undertake a horizontal
concentration analysis in the 15th Report? What methodologies might the
Commission employ? What metrics could the Commission use?
59. We also seek comment and data that would permit us to assess
vertical integration in the OVD marketplace. We note that many OVDs are
vertically integrated with other businesses. How do these relationships
affect competition in OVD marketplace? For example, do affiliations
between OVDs and content owners impact the availability of specific
online content via multiple OVDs? Do affiliations between OVDs and
equipment retailers and/or manufacturers have an impact on the ability
of consumers to access OVD content via multiple devices, including
mobile devices?
60. We further request comment on conditions that affect entry into
the OVD marketplace and rivalry among OVDs. What legal and regulatory
barriers to entry do OVDs face? What non-regulatory barriers exist? For
example, OVDs often depend on unaffiliated ISPs to deliver content to
their customers. What affect does the need to rely on third parties to
deliver their video content to consumers have on the ability of
entities to enter and compete in the OVD marketplace? What percentage
of a typical ISP's traffic is due to OVD content? Do difficulties in
acquiring content rights, or the costs of acquiring such rights, act as
a significant barrier to entry? Does the increasing cost of programming
content have the potential to drive OVDs out of business? What other
non-regulatory barriers to entry are there? What are the trends in
recent OVD entry or exit, and what specific factors contribute to OVD
entry or exit?
61. OVD Conduct. What business models and competitive strategies do
OVDs use to compete in the delivery of video content? What are the key
differences among the business models and strategies in terms of
services offered to consumers? Some OVDs provide content to users for
free, while others charge users a fee to access content. Some OVDs
charge a monthly fee, while others charge separately for each
television program or movie. We seek comment on the factors that affect
an OVD's choice of business models. Are OVDs increasingly inclined to
charge consumers for access to their content? To what extent do OVDs
rely on advertising, subscription fees, per-program fees, or other
sources of revenue? Are OVDs implementing additional revenue
strategies? We also seek information on the prices OVDs charge for
access to video content over the Internet. What prices are consumers
currently paying for OVD service? Have these prices changed over the
last few years, and if so, why? In addition, we request information on
whether OVDs are implementing business models that are not free,
subscription, or transaction based. For example, to what extent are
OVDs entering partnerships with MVPDs or other entities to provide
bundled, exclusive, or otherwise enhanced access to the OVD service for
subscribers of MVPDs or other entities?
62. In the last few years, OVDs have made an increasing amount of
video content available to consumers over the Internet. What are the
types of business arrangements OVDs use to acquire distribution rights
for content? What strategies are OVDs implementing to obtain video
content for their libraries? How does the decision to charge customers
affect an OVD's ability to deliver additional content to consumers? To
what extent are producers and owners of highly desirable content
willing to make that content available to consumers online? What other
factors have an impact on the ability of OVDs to secure the rights to
compelling content?
63. OVDs increasingly make their video content available to
subscribers via multiple devices, including mobile devices such as
smartphones and tablets. To what extent must OVDs make content
available via multiple devices, including mobile devices, in order to
compete in the OVD marketplace? What costs or difficulties do OVDs face
when attempting to make content available via multiple devices?
64. How is OVD service advertised? What media do OVDs use to
advertise their service? Do OVDs highlight the availability of
increasing amounts of online video content to attract more viewers and/
or subscribers? Do OVDs use the ability to access content via multiple
devices, including mobile devices, as a means to attract and retain
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subscribers? What other factors do OVDs stress in advertisements?
65. Currently, most OVD services allow viewers to search for
content (e.g., video clips, episodes of TV shows, or movies) within the
OVD's library and to view such content whenever the customer wishes. To
what extent have OVDs begun to produce or acquire original content?
What are the costs of producing or acquiring such content and does such
content attract additional viewers? Are those OVDs offering original
content more competitive with MVPDs and broadcasters? Are OVDs
providing live and local content as a means to attract viewers (e.g.,
local news and sporting events)? What additional strategies are OVDs
using to differentiate themselves from competitors? To what extent do
OVDs provide data on content availability to third parties for
inclusion in their content directories?
66. OVD Performance. We seek input concerning OVD viewership,
revenue, investment, and profitability. In order to measure viewership,
we seek information concerning the type of video content available
online, particularly television programs, movies, and sports, as well
as the extent to which consumers are viewing such content. How many
consumers viewed content online as of June 30, 2011 and June 30, 2012?
We also seek other metrics that might be used to measure OVD
viewership, such as hits/views, subscribership numbers, and consumer
purchase transactions. Have these numbers increased over the last few
years, and if so, why? Has the entry of OVDs in the marketplace
resulted in reduced viewership of video programming from MVPDs and
broadcast television stations? What metrics should we use to compare
OVD viewership, MVPD viewership, and broadcast television station
viewership? How have the windowing strategies of video content
aggregators and creators impacted OVDs? How have OVDs increased the
quantity and improved the delivery of their video content since the
14th Report? Is the OVD market affected by the ability of MVPDs to
increase their capacity to offer video content using digital and IP-
based technologies?
67. The 14th Report identified several possible revenue sources for
OVDs, including fees from consumers; in-video advertising; display
advertising around the video; product placement; and advergaming. We
seek updated revenue data for these sources, as well as any other
revenue sources available to OVDs. What revenue sources are the most
lucrative for OVDs?
68. We also request information and comment on investments and
innovations in the OVD marketplace. What types of entities are
investing in new and existing OVDs? What financial returns do OVDs earn
on their investments? What types of investments are OVDs making to
enhance their growth? Are OVDs increasingly entering into joint
ventures or partnerships to increase investment opportunities? What
innovative services or technologies are OVDs currently deploying? How
should we measure profitability for OVDs given that many operate within
multimedia conglomerates or other large, diversified businesses? Are
there additional performance metrics we should consider for OVDs? We
seek comment on suggested ways to measure OVD performance and relevant
data that will allow us to perform such analysis.
Rural Versus Urban Comparison
69. Section 628(a) of the Communications Act sets as a goal
increasing the availability of video programming to persons in rural
and underserved areas. As in previous reports, we expect to compare
competition in the market for the delivery of video in rural markets
with that in urban markets. The Communications Act does not include a
definition of what constitutes a rural area, and the Commission has
used various proxies to define rural areas, including Economic Area
(EA) Nodal versus Non-nodal counties and Metropolitan Statistical Area
(MSA) counties versus Rural Service Areas (RSA) counties. In the 14th
Report, the Commission opted to use its definition of the term
``rural,'' which it defines as a county with a population density of
100 persons or fewer per square mile. Is this a satisfactory definition
for the purpose of measuring the availability of and competition among
providers of video programming? Are there other alternatives we should
consider based on zip codes, census tracts, or some other geographic
unit to compare competition among video programming distributors in
rural and urban areas?
70. We seek data, information, and comment to assess whether there
are differences in the delivery of video programming between rural and
urban areas, and the factors that account for any differences. Are
there differences between the quantity and types of video programming
offered to rural consumers versus urban consumers? How does competition
between MVPDs, broadcast stations, and OVDs differ in rural and urban
areas? Are there demographic, geographic, and economic factors driving
competitive differences in rural and urban markets? Which, if any,
delivered video programming services are most often lacking in rural
areas? We recognize that most homes have access to two DBS services--
DIRECTV and DISH Network--that provide national service. How many homes
in rural and urban areas lack access to a cable system or another
wireline MVPD? Is the percentage of these homes greater in rural areas?
How does access to broadcast television stations differ between rural
and urban areas? Are there any distinctions between rural and urban
areas in the reliance of over-the-air broadcast signals? Do rural areas
have less access to high-speed Internet service and, therefore, less
access to OVD services relative to urban areas? How has the growth of
online video increased the buildout of broadband in rural areas?
71. We also request information, data, and comment regarding the
differences in the prices of delivered video service in rural areas
relative to urban areas. Are MVPDs operating in rural areas charged
similar rates for content as MVPDs in urban areas? How do the
retransmission rates in rural areas compare to those in urban areas?
When MVPD service is available in rural areas, are prices higher or
quality lower relative to urban markets? Are there examples of rural
areas that receive delivered video programming service similar in price
and quality to those found in urban areas?
Key Industry Inputs
Video Content Creators and Aggregators
72. Creators of video programming are major production studios and
independent production companies. Video content aggregators are
entities that combine video content into packages of video programming
for distribution. Video content aggregators include broadcast networks
(e.g., ABC), cable networks (e.g., ABC Family), and broadcast stations
(e.g., WJLA-TV, Washington, DC). Many of the large entertainment
conglomerates include subsidiaries that are both video content creators
and aggregators. We request data, information, and comment that will
help us analyze the number and size of content creators and aggregators
and the relationships between the content creators and aggregators and
the firms that distribute video content. Do independent production
entities face any barriers in obtaining carriage on all or some
delivery systems (including broadcast, MVPDs, and OVDs)? In addition,
we are interested in information regarding entities, local and
[[Page 47391]]
national, creating news, public interest programming and/or sports and
the relationships between the content creators and those that deliver
video programming. We are also interested in trends in vertical
integration among studios and networks. What effect, if any, does
vertical integration have on their willingness and ability to make
programming available to MVPDs, broadcast television stations, or OVDs
on a linear and nonlinear basis? Are there any differences for MVPDs,
broadcasters, or OVDs with respect to their relationships with
independent content creators in comparison to vertically integrated
content creators? If so, what is the impact of these differences?
73. We also seek data, information, and comment on the business
strategies of content creators and aggregators regarding the selling
and licensing of video content and the effect on video distribution. In
recent years, some content owners have altered their business
strategies with respect to the type of video content created, the
timing of release of specific video content through the various
delivery windows (``windowing''), and the prices charged for content in
each window. How have these changes affected competition between
distributors of video programming or the growth of OVDs? Have there
been significant changes in the bargaining power between content owners
and distributors of video programming since the 14th Report? How have
changes in content creation altered investment in the distribution of
video programming? How do the windowing strategies of video content
owners affect the distribution of video programming through VOD and
over the Internet? How do the business models of OVDs (i.e., electronic
sell-through, advertising-supported, and/or subscription-based models)
alter the windowing strategies of content aggregators and creators?
Have business strategies changed for creators of news programming,
especially local news programming? Do the delivery strategies for the
creators of sports programming differ from other video content
creators? Have the business strategies of sports leagues evolved and,
if so, how? Has the entry or growth of new video content aggregators
lead to an expanded number of MVPD channel offerings or additional
programming on broadcast television stations using multiple digital
streams? Are new entrants or established video content aggregators
driving the creation of additional programming networks and/or
packages?
Consumer Premises Equipment
74. Consumer premises equipment traditionally refers to devices
that enable consumers to watch video content from MVPDs and broadcast
stations on televisions. Such devices include televisions, antennas,
cable and satellite set-top boxes, DVD players, and recording equipment
(e.g., DVRs). Today, however, consumer premises equipment also includes
devices (e.g., video game consoles and media streaming devices) that
permit video content delivered by MVPDs and OVDs to be viewed on a
television, as well as allow video content delivered by broadcast
television stations and MVPDs to be viewed on personal computers or
mobile devices.
75. Recently, the term ``consumer premises equipment'' has come to
include devices, such as ``connected-TVs,'' that receive video content
directly from the Internet. Similarly, in addition to enabling users to
watch videos on computers, several set-top boxes (e.g., Roku, Boxee,
and Apple TV) deliver online video directly to viewers' televisions.
With connected-TVs, game consoles (e.g., Microsoft's Xbox and Sony's
PlayStation), or Blu-Ray players, consumers can also watch certain
television programs, movies, and sporting events online. DVR
manufacturer TiVo enables consumers to purchase movies and television
programs from online stores, stream movies and content from
subscription services like Hulu Plus and Netflix, and, in certain
areas, access cable-provided video-on-demand. Likewise, mobile devices,
such as Apple's iPad, enable consumers to watch some television
programs and movies using broadband wireless connections. These and
other devices allow consumers to purchase and download online video
content.
76. In the 15th Report, we plan to discuss the devices that
facilitate the delivery of video programming and their effect on
competition in the delivery of video programming. We recognize the
costs of consumer premises equipment may hinder competition by, among
other things, raising consumers' switching costs. We therefore request
information on developments relating to consumer premises equipment and
the services providing options to consumers for viewing video
programming. In particular, we seek information on the retail market
for set-top boxes, including set-top boxes that do not use CableCARDs,
such as those sold at retail for use with DBS services or for use with
OVD services. What are the challenges that manufacturers face in
investing and innovating in consumer equipment? What are the different
types of consumer premises equipment--both MVPD supplied and non-MVPD
supplied--used to access video content and the capabilities thereof?
What prices do MVPDs typically pay for those devices? To what extent do
MVPDs offer different equipment options at different price points on
their systems, and what is the overall lease cost of such equipment to
subscribers? To the extent that consumers can purchase comparable
devices, what price would a consumer pay for such a device?
77. We also seek information and comment on how competition among
MVPDs affects the deployment of new CPE and delivery technologies to
improve the subscriber experience, such as through improved search and
navigation capabilities. In particular, we seek information on the
extent to which MVPDs are using managed IP clouds to deliver network-
based DVRs, interactive programming guides, IP video streaming, VOD and
other interactive applications. In addition, we request information
regarding the impact of digital rights management technology and
conditional access technology (and associated patent or content
licensing terms) on the availability of video programming to consumers.
What are the adoption trends among consumers for these types of
equipment? To what extent are CPE manufacturers partnering with OVDs,
MVPDs, content aggregators, and content creators to offer linear or
non-linear video programming to consumer devices?
78. We understand that there are certain things MVPDs must
coordinate with electronics manufacturers (e.g., DRM, codecs, and
connectors) in order to deliver video programming to consumers. We seek
comment on other technical specifications that MVPDs, content owners,
and consumer electronics manufacturers coordinate. How do these parties
agree on the devices that are used? How much interaction is there
between MVPDs delivering video programming and manufacturers of
consumer premises equipment, especially manufacturers of cable and DBS
set-top boxes and devices enabling consumers to view online video on
their televisions?
Consumer Behavior
79. We seek information about how trends in consumer behavior
affect the products and services of providers of delivered video
programming. For instance, we seek data on trends that compare consumer
viewing of regularly scheduled video programming with viewing of time-
shifted programming using DVRs, VOD content, and OVD
[[Page 47392]]
content. Video content available online is increasing, and reports
indicate that an increasing number of consumers are viewing videos
online. To what extent are consumers becoming ``cord avoiders'' and
dropping MVPD service in favor of OVDs or a combination of OVDs and
over-the-air television? Are consumers reducing their MVPD
subscriptions by, for example, substituting Netflix for premium
channels or VOD services? Do consumers view OVD services separately or
in conjunction with over-the-air broadcast television service as a
potential substitute for MVPD service? What impact do ``cord-nevers''
have on the market for delivered video programming?
80. Video distributors advertise their services on television, in
newspapers, and through mailings, as well as offer Internet sites where
potential consumers can find information about services, equipment,
prices, and the cost of installation. We seek data, information, and
comment on the consumer information sources for delivered video
programming services and equipment. Do consumers have sufficient
information to compare the prices, services, and equipment that video
distributors offer? What do consumers consider most important when
choosing a provider? What do consumers say are the main reasons for
switching providers (e.g., price, program packages, and customer
service)?
Procedural Matters
81. Ex Parte Rules. There are no ex parte or disclosure
requirements applicable to this proceeding pursuant to 47 CFR
1.204(b)(1).
82. Comment Information. Pursuant to sections 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using: (1) the
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: https://www.regulations.gov.
[ssquf] For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet email. To get filing instructions,
filers should send an email to ecfs@fcc.gov, and include the following
words in the body of the message ``get form.'' A Sample form and
directions will be sent in response.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington DC 20554.
[ssquf] People with Disabilities: Contact the FCC to request
materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an email to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012-19107 Filed 8-7-12; 8:45 am]
BILLING CODE 6712-01-P