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                            <title><![CDATA[ Latest from Next TV in Deal-conditions ]]></title>
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        <description><![CDATA[ All the latest deal-conditions content from the Next TV team ]]></description>
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                                                            <title><![CDATA[ Usage-Based Broadband Picks Up More Steam ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/usage-based-broadband-picks-more-steam-406567</link>
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                            <![CDATA[ Usage-Based Broadband Picks Up More Steam ]]>
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                                                                        <pubDate>Mon, 25 Jul 2016 12:00:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Distribution]]></category>
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                                                                                                                    <dc:creator><![CDATA[ Jeff Baumgartner ]]></dc:creator>                                                                                                        <dc:description><![CDATA[ null ]]></dc:description>
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                                <figure class="van-image-figure pull-" data-bordeaux-image-check ><div class='image-full-width-wrapper'><div class='image-widthsetter' ><p class="vanilla-image-block" style="padding-top:56.25%;"><img id="akxeFyJfxBZcfnx3VX7z5m" name="" alt="" src="https://cdn.mos.cms.futurecdn.net/akxeFyJfxBZcfnx3VX7z5m.jpg" mos="https://cdn.mos.cms.futurecdn.net/akxeFyJfxBZcfnx3VX7z5m.jpg" align="" fullscreen="" width="" height="" attribution="" endorsement="" class="pull-"></p></div></div></figure><p>Broadband data policies that place a soft cap on monthly usage and charge more for additional buckets of data are rapidly becoming the norm among the nation’s Internet-service providers.</p><p>Such policies are now commercially deployed by Suddenlink (now part of Altice USA), Mediacom Communications and AT&T, as well as smaller service providers such as GCI. Meanwhile, Comcast continues to expand its usage-based trials, while CenturyLink is slated to start kicking the tires on a new broadband data policy later this week.</p><p>Comcast, the nation’s largest cable operator, confirmed that it recently notified customers in the Chicago market area that the MSO’s data plan trial will get underway Aug. 1. When that trial launches, it will become the largest market in Comcast’s footprint so far to test the MSO’s new policy. In addition to greater Chicago, Comcast is also poised to test usage-based policies in Quincy and Rockford, Ill., and in its Northern Indiana systems, also starting Aug. 1.</p><p>Comcast introduced a 1-TB plan in April, replacing a 300- GB plan it had been implementing in most of its trial markets.</p><p>If customers exceed the 1-TB limit, they have the option to purchase additional buckets of 50 GBs of data for $10 each (up to a maximum of $200), or move to a new unlimited data plan that runs an additional $50 per month.</p><p>Comcast has not announced if or when it will expand the policy to all markets. In addition to the new markets coming online Aug. 1, other trial markets include Huntsville, Mobile and Tuscaloosa, Ala.; Tucson, Ariz.; Little Rock, Ark.; Fort Lauderdale, the Keys and Miami, Fla.; Atlanta, Augusta and Savannah, Ga.; Central Kentucky; Houma, LaPlace and Shreveport, La.; Maine; Jackson and Tupelo, Miss.; Chattanooga, Greeneville, Johnson City/Gray, Knoxville, Memphis and Nashville, Tenn.; Charleston, S.C.; and Galax, Va.</p><p>Reed Hastings, the CEO of Netflix, the OTT giant and critic of usage-based policies, praised Comcast when it announced the new 1-TB plan, tweeting: “Huge for me as a Comcast customer. Now I’ll never be able to watch enough to hit my cap.”</p><p>Perhaps not too coincidentally, Comcast and Netflix announced a deal a few weeks later that calls for the MSO to integrate Netflix on Comcast’s X1 platform sometime this year.</p><p>GCI, the Alaska-based operator, also made some waves last week, announcing that it had raised the monthly limit of “Red,” its 1 Gigabit-per-second residential cable modem service, from 750 GBs to 1 TB. Customers on Red, which is paired with an upstream that maxes out at 50 Mbps, have the option to purchase additional 30-GB buckets of data for $10 when they exceed their monthly limit.</p><p>But GCI has added a different twist to the usage-based approach. Under a “No Worries” option launched in January 2015, customers can buy additional buckets of data, upgrade to a different plan, or shift temporarily to a “basic” level of service of less than 1 Mbps with no overages.</p><p>CenturyLink is the latest provider to jump on the usage-based bandwagon. It confirmed last week that it will launch a usage-based billing trial in Yakima, Wash., on Tuesday (July 26) that will charge $10 for a bucket of 50 GBs of data (up to a maximum of $50) when customers exceed their monthly limit.</p><p>Under the trial, subscribers of service plans with speeds up to 7 Mbps can consume up to 300 GBs per month, while those that have speeds of more than 7 Mbps will be capped at 600 GBs before the usage-based policy is applied.</p><p>CenturyLink has not announced the length of the Yakima trial or when it might look to expand it to other markets. “CenturyLink will analyze the data from this trial to determine next steps and make decisions regarding further rollout of usage-based billing,” a company official said.</p><p>Though usage-based broadband policies and overage charges are increasingly becoming part of ISP strategies, critics of them maintain that they are in place to increase revenue while keeping OTT video competition in check.</p><p>For its part, Comcast has argued that its trials “are based on principles of flexibility and fairness” and that more than 99% of its high-speed Internet subscribers don’t come within a whiff of using a terabyte.</p><p>One MSO that will be sitting on the sidelines with regard to usage-based broadband pricing for the foreseeable future is Charter Communications. Charter, per a condition of its acquisitions of Time Warner Cable and Bright House Networks, is prohibited from imposing data caps or implementing usage-based polices for a period of seven years.</p>
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                                                            <title><![CDATA[ Will Charter-TWC Merger Scrap the Cap? ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/will-charter-twc-merger-scrap-cap-404909</link>
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                            <![CDATA[ Will Charter-TWC Merger Scrap the Cap? ]]>
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                                                                        <pubDate>Mon, 16 May 2016 12:00:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Policy]]></category>
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                                                                                                                    <dc:creator><![CDATA[ Jeff Baumgartner ]]></dc:creator>                                                                                                        <dc:description><![CDATA[ null ]]></dc:description>
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                                <figure class="van-image-figure pull-" data-bordeaux-image-check ><div class='image-full-width-wrapper'><div class='image-widthsetter' ><p class="vanilla-image-block" style="padding-top:56.25%;"><img id="5EJhesKLc6ze6Ac2CTAmAf" name="" alt="" src="https://cdn.mos.cms.futurecdn.net/5EJhesKLc6ze6Ac2CTAmAf.jpg" mos="https://cdn.mos.cms.futurecdn.net/5EJhesKLc6ze6Ac2CTAmAf.jpg" align="" fullscreen="" width="" height="" attribution="" endorsement="" class="pull-"></p></div></div></figure><p>In a decision that could have far-reaching implications for the nation’s Internet-service providers, the Federal Communications Commission imposed a condition on Charter Communications’s acquisition of Time Warner Cable and Bright House Networks that will bar the post-merger Charter from imposing data caps and usage-based pricing policies for a period of seven years.</p><p>That condition, alongside others that prevent New Charter from charging interconnection fees and entering programming deals that could harm online video distributors, clearly are in place to keep the MSO from erecting barriers that could tamp down OTT competition.</p><p>The FCC so far has not moved to pursue rules that would fit similar collars on other ISPs, but chairman Tom Wheeler has tasked the commission with investigating the impact of data caps, usage-based policies and zero-rated offerings that exempt some services from an ISP’s or mobile carrier’s usage policies.</p><p><strong><em>CAUSE FOR WORRY</em></strong></p><p>That posture is cause for concern for ISPs that have implemented or are testing usage-based policies that are being built into their business models. While ISPs that use such policies preach that it’s about fairness — those who use the most bandwidth pay more than those who don’t — critics see them as a tool to keep over-the-top video competitors in check.</p><p>Industry analysts offer various opinions as to how the Charter conditions will affect ISPs that currently use data caps and usage based pricing. And it’s still too early to tell if those conditions will put much pressure on other ISPs to voluntarily toss out their capping and usage-based data policies, at least in the near-term, Jeff Wlodarczak, CEO and senior media and communications analyst of Pivotal Research Group, said.</p><p>Wlodarczak also doesn’t believe the lack of a usage-based pricing option will have much of an effect on the MSO’s current business strategy, which is focused on driving revenue generating units (and revenue) without being super-aggressive on price.</p><p>It’s also possible that Charter could try to compensate in other ways, such as driving customers to higher-end, more expensive tiers of service. Charter’s entry-level speed — 60 Megabits per second downstream — is already faster than the lower-end services marketed by many of its MSO peers.</p><p>Though it’s not clear if the FCC’s condition on Charter will affect other ISPs directly, some have recently tweaked their policies and begun to offer new unlimited data options that are OTT-friendly (see sidebar, below).</p><p>MoffettNathanson principal and senior analyst Craig Moffett said that the Charter conditions and recent data policy changes implemented by ISPs do change the game, because they effectively take usage-based pricing off the table as pay TV operators continue to face off against rising OTT competition.</p><p><strong><em>‘CALM BEFORE THE STORM’</em></strong></p><p>“It’s hard not to see this as simply the calm before the storm,” Moffett noted earlier this month in a semi-regular “Cord-Cutting Monitor” report, citing Hulu’s coming multichannel service, new OTT options from DirecTV and Amazon, and a virtual pay TV service called “Unplugged” that YouTube reportedly has in development.</p><p>“If and when the rains come, cable operators won’t have the umbrella of usage-based pricing,” he wrote. “We’ve always described UBP as an insurance policy, not to forestall OTT video but simply to make cable operators economically indifferent to it.”</p><p>On that note, Moffett has long considered usage-based pricing as a mechanism for MSOs to preserve a “transport charge” for video.</p><p>“With Charter committing to no UBP for seven years, and with Comcast … raising usage caps from 300 GB to an all-but-irrelevant 1 TB per month, UBP is now essentially off the table,” Moffett said. “That doesn’t make cord-cutting any more likely. But it does leave cable more vulnerable.”</p><p>Some ISPs that have implemented caps and usage-based pricing clearly are troubled by the FCC’s condition on the Charter-TWC deal and the potential threat it might pose to their future policies.</p><p>“Charter’s concessions related to usage-based pricing and data caps are certainly concerning,” Thomas Larsen, Mediacom Communications’ group vice president of legal and public affairs, said in a statement soon after the FCC’s proposed conditions were circulated. “Promoting a model in which the vast majority of a company’s broadband subscribers subsidize the behavior of a small group of heavy bandwidth users seems to go against the fundamental principles of American commerce.”</p><p>When the FCC was still considering the order that was eventually issued that bans Charter from using caps and usage-based broadband pricing for seven years, AT&T said it was “apparent that some or all of the conditions will have a broad effect beyond the parties to the merger.”</p><p><strong>SIDEBAR: Fitting Customers With Different Data Caps</strong></p><p>U.S. ISPs, both big and small, have been gravitating to unlimited data plans and soft caps that charge extra when monthly limits are exceeded. Here’s a snapshot of policies that have been deployed or are in the pilot phase:</p><p><strong>Comcast:</strong> Starting June 1, Comcast will move to a monthly 1-Terabyte data plan in its current group of test markets, including Atlanta; Tucson, Ariz.; Chattanooga, Tenn.; and Charleston, S.C. Customers who exceed that ceiling can buy an additional 50 GB of data for $10, or move to a new unlimited data plan that costs $50 more per month.</p><p><strong>AT&T:</strong> In March, the telco introduced an unlimited data plan for its U-verse and GigaPower residential broadband service that costs an extra $30 per month for customers who take a standalone data service, but, as an incentive, drops that charge for customers who bundle Internet with U-verse video or DirecTV service and pay on a single bill. Customers without unlimited data plans must pay $10 for an additional 50 GB when they exceed their monthly limit.</p><p><strong>Mediacom:</strong> Also sells additional data buckets of 50 Gigabytes for $10 each when customers exceed their monthly limit, which scales up and down depending on the speed of the customer’s data tier. Mediacom has set a high monthly allowance of 6 Terabytes for its new 1-Gbps residential broadband service.</p><p><strong>Suddenlink:</strong> The Altice-owned operator launched an unlimited data plan that is available to customers who take its two fastest tiers in a given market. Subs not on Suddenlink’s unlimited plans may pay $10 for an additional 50 GB when they exceed the limit.</p><p><strong>BendBroadband:</strong> The operator, now owned by TDS Telecom, has set different monthly data limits based on the speed of the customer’s data subscription, and charges $10 per month for an additional 50 GB when customers exceed their limit. On May 9, BendBroadband began to exempt customers from those policies if they bundled Internet service with pay TV. BendBroadband estimates that more than half of its Internet customers are now longer subject to its datausage policy.</p><p><strong>GCI:</strong> The Alaska-based operator’s “No Worries” data policy sets monthly data caps that scale up and down depending on speed, with the option to buy an additional 30 GB of data for $10 each when subscribers exceed that; upgrade to a different plan with a higher monthly limit; or get moved to a “basic level of service” (less than 1 Mbps) with no overages.</p><p><strong>SOURCE :</strong><em>Multichannel News</em> research</p>
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                                                            <title><![CDATA[ ACA: Charter-TWC Deal Needs Strong Conditions ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/aca-chartertwc-deal-needs-strong-conditions-394586</link>
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                            <![CDATA[ ACA: Charter-TWC Deal Needs Strong Conditions ]]>
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                                                                                                                            <pubDate>Thu, 15 Oct 2015 15:30:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Distribution]]></category>
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                                                                                                <author><![CDATA[ john.eggerton@futurenet.com (John Eggerton) ]]></author>                    <dc:creator><![CDATA[ John Eggerton ]]></dc:creator>                                                                                    <dc:source><![CDATA[ http://cdn.mos.cms.futurecdn.net/ETjt8sjZcQr97v7yakQ4hP.jpg ]]></dc:source>
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                                <p>The American Cable Association has asked the FCC to apply various conditions on the Charter-Time Warner Cable-Bright House Networks merger, saying that without "significant, effective and long-lasting remedial conditions," the deal is not in the public interest and should not be approved.</p><p>As have other potential competitors to the merged company -- such as Dish and COMPTEL -- the ACA pointed to the alleged new programming clout of a "New Charter" with ties to Discovery and Starz and says current program access and arbitration remedies are not sufficient to remedy the potential harms posed by those ties.</p><p>The ACA <a href="https://www.nexttv.com/news/aca-comcasttwc-conditions-should-last-least-nine-years-386531" data-original-url="https://www.multichannel.com/news/aca-comcasttwc-conditions-should-last-least-nine-years-386531">sought similar conditions when Comcast tried unsuccessfully to merge with TWC</a>.</p><p>The ACA pointed to the Discovery and Starz programming "associated" with Charter -- John Malone's Liberty Broadband is the largest shareholder -- and said that is very important to its members, who have to buy those networks for their systems.</p><p>"ACA members that compete with New Charter will feel the impact of the combination of these video programming and distribution assets," the organization said.</p><p>"In view of the fact that this transaction increases and spreads the existing harms of Charter's and BHN's affiliation with Discovery and Charter's affiliation with Starz, and these harms will result in higher costs to consumers, the Charter-TWC-BHN transaction calls for the imposition of conditions and those conditions must be more effective than those used by the FCC in previous cases and specifically targeted to improve their functionality for small and medium-sized MVPDs," ACA president Matt Polka said of the deal.</p><p>The ACA said must-have remedies include a non-discriminatory access condition and a commercial arbitration condition for New Charter-affiliated programming, and that the FCC has to "significantly bolster" enforcement of that nondiscriminatory access condition so its smaller MVPD members are protected from the combined company's increased bargaining position, and make sure the arbitration condition is a viable option for smaller carriers.</p><p>Charter had no comment on the specific filing, but it has also pointed out that the programming "associations" are shareholders that own shares in Charter and also in programming companies. The FCC does have attributable interest rules that apply, but Charter has said in its public interest statement that there are procedures in place to insure programming decisions are in the best interest of Charter, not any shareholder block.</p>
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                                                            <title><![CDATA[ OTI Pushes FCC for Interconnection Conditions on AT&T-DirecTV ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/oti-pushes-fcc-interconnection-conditions-att-directv-391689</link>
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                            <![CDATA[ OTI Pushes FCC for Interconnection Conditions on AT&T-DirecTV ]]>
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                                                                                                                            <pubDate>Thu, 25 Jun 2015 14:45:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Distribution]]></category>
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                                                                                                <author><![CDATA[ john.eggerton@futurenet.com (John Eggerton) ]]></author>                    <dc:creator><![CDATA[ John Eggerton ]]></dc:creator>                                                                                    <dc:source><![CDATA[ http://cdn.mos.cms.futurecdn.net/ETjt8sjZcQr97v7yakQ4hP.jpg ]]></dc:source>
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                                <p>New America's Open Technology Institute (OTI) has reiterated to the FCC its request for interconnection conditions on the AT&T-DirecTV merger, arguing that M-Lab's recently released Internet Health Test network diagnostic data show AT&T as the worst performer in terms of "patterns of degradation" at interconnection points.</p><p>"AT&T has already demonstrated its ability to degrade broadband access during negotiations with transit providers and edge services; the acquisition of a major video distribution business would substantially increase AT&T’s incentive to engage in such conduct," OTI told FCC staffers earlier this week.</p><p>OTI wants the Federal Communications Commission to require AT&T to interconnect on reasonable and nondiscriminatory terms and wants AT&T to voluntarily forego any interconnection fees. It also wants the FCC to require periodic disclosure of interconnection practices.</p><p>An OTI spokesperson said that it was not opposed to all interconnection fees, but did oppose those "that are used to pay for upgrades to AT&T's last mile, or fees that are pure 'access fees.'"</p><p>The FCC has yet to restart the informal shot clock on the AT&T-DirecTV merger. It is widely believed to be focused on possible interconnection conditions, among others, and may want to get those ducks in a row before restarting the clock, which is on day 170 of a 180-day target.</p><p>AT&T was filing a response to the OTI pitch Thursday (June 25), saying the issue was unrelated to the transaction, and that OTI was flat-out wrong.</p><p>"In its latest filing, OTI falsely claims that Internet speed data from Measurement Lab (“M-Lab”) show that AT&T has caused congestion at its interconnections with other ISPs and transit providers that can only be remedied by regulating interconnection rates," AT&T said.</p><p>AT&T said the interconnection marketplace is working, citing its recent deals with Level 3 and Cogent, as well as a third that was redacted, so is not yet public knowledge.</p><p>"AT&T remains open to negotiating with any similarly situated provider and reaching similar commercial agreements that properly align the incentives of all parties for the benefit of end users," the company said.</p><p>The telco also pointed out that the FCC had shown a preference for marketplace solutions in its new Open Internet order, saying, "It would be premature to adopt prescriptive rules to address any problems that have arisen or may arise.” Instead, the FCC said it would use a case-by-case complaint process, which AT&T said should be sufficient, with no deal conditions needed or "appropriate."</p>
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