July 2009

Online radio stations strike big deal on royalties

The future of Internet radio appears more secure after a handful of online stations reached an agreement Tuesday to head off a potentially crippling increase in copyright royalty rates. The deal is the product of two years of negotiations between webcasters and copyright holders. In March 2007, a ruling by the federal Copyright Royalty Board dramatically raised the rates that Internet radio stations must pay artists and recording labels — leading many online radio stations to warn that the new rates would put them out of business by eating up as much as 70 percent of revenue. At least one popular online radio service — Pandora Media, which derives much of its revenue from advertising — said the new agreement will help ensure its survival.

2nd Cubs deal for Tribune

Apparently, the Tribune Co has agreed to terms for the sale of the Chicago Cubs to a group led by private equity investor Marc Utay, giving the company two possible offers to submit to the bankruptcy court. It is the latest twist in a long-running effort by the bankrupt media company to sell the baseball team famous for its "lovable losers" image. Several people involved said Utay's renewed interest could be a way to pressure the Ricketts family into an improved offer. On Monday, a source said Tom Ricketts and his family had agreed to terms for the purchase of the team and other assets for slightly less than the $900 million offered in January. The source called it a "handshake" agreement and not a signed document. One of the sources reporting the Utay group's deal said the new offer is "a higher price but less cash upfront" than the Ricketts' bid.

France's Competition Authority hits Orange's exclusive TV broadband deals

Orange's ambition to use exclusive TV content to retain and draw customers suffered a setback on Tuesday after France's Competition Authority, the country's competition watchdog, imposed a limit of one to two years on such offers. Orange has invested heavily in premium television series, films and League 1 soccer matches but the regulator recommended that it gave access to its content to a wider pool of customers than just its own existing broadband subscribers. The watchdog said the telecoms operator, part of France Telecom, should distribute its TV content to users of other platforms after an initial period of one to two years, threatening its closed-circuit business model. France Telecom shares closed down 2.05 percent.

US antitrust regulators approve Nokia/Nortel deal

The Federal Trade Commission has approved a Nokia Siemens bid for a portion of Canada's bankrupt Nortel Networks. Nortel had said Nokia Siemens Networks -- a joint venture of Nokia and Siemens -- would offer $650 million for Nortel's CDMA and LTE wireless technology businesses and act as the "stalking horse bidder." In a bankruptcy auction a "stalking horse" typically sets the floor for bidding, and makes the lead bid at the bankruptcy auction. Nokia Siemens will have the right to match any higher offers.

Keeping A CEO-Less NAB On Course

A Q&A with Steve Newberry, the new joint board chairman at National Association of Broadcasters. It's now been two months since David Rehr abruptly resigned after a turbulent three years as president of the NAB and triggered a search for a successor. Newberry is now charged with holding things together at the NAB until the search yields the new man or woman. The big issues before the organization right now are the "performance tax" and the Satellite Home Viewer Act (SHVERA).

Analyst: Digital TV Transition Added 653,000 Subscribers to Pay TV

Wells Fargo Securities broadcasting and cable analyst Marci Ryvicker estimated that the digital transition added about 653,000 new subscribers to cable, satellite and telco companies, but said that cable operators, which reaped big benefits from the transition in the first quarter, won't likely see another big boost from the federal initiative until the third quarter. Ryvicker, in a research note Tuesday, estimated that the bulk of the benefit from the digital transition - originally slated for Feb. 17 but extended to June 12 - occurred for cable in the first quarter. That growth is expected to slow down to 122,337 in the second quarter and tick back up to 162,304 in the third quarter, according to Ryvicker's estimates. Cable operators are expected to gain the most through the DTV transition (475,000 subscribers) according to Ryvicker, followed by satellite TV (137,000) and the telcos (41,000).

Aepona adds monetization to open networks

By acquiring Valista, Northern Ireland company Aepona intends to show network service providers how to more easily make money by opening their networks to third-party applications developers and others. Valista brings a payment, settlement and service lifecycle management capability that can sit in front of legacy operations and support systems and enable service providers to monetize these new services more easily, said Michael Crossey, vice president of marketing at Aepona.

Review of the Initial Implementation of the Commercial Spectrum Enhancement Act

The National Telecommunications and Information Administration (NTIA) seeks comment on the initial implementation of the Commercial Spectrum Enhancement Act (CSEA). The CSEA, which was enacted in 2004, created an innovative funding mechanism allowing Federal agencies to recover the costs of relocating their radio systems from the proceeds of the auction of the radio spectrum vacated. The first auction under the CSEA, that of the 1710-1755 MHz band, concluded in 2006, providing new opportunities for Advanced Wireless Services (AWS-1). Over two years into the relocation of Federal systems from this band, NTIA requests information on what implementation steps should be retained as best practices, what lessons have been learned, and what, if any, improvements should be made in future relocations under the CSEA. Comments are requested on or before August 21, 2009, 2009.

Arbitron Spurns FCC, Courts Industry

Amid a continuing inquiry by the Federal Communications Commission and concurrent hearings by Congress, Arbitron has filed a comment stating that the FCC does not have the authority to regulate ratings produced by Arbitron's Portable People Meter, a passive electronic measurement device. At the same time, hoping to placate industry critics, Arbitron launched a new ad campaign in the trade press with the tagline "We Hear You," targeting radio broadcasters. In its filing with the FCC, Arbitron bluntly asserted that the agency has "absolutely no authority to impose regulations upon Arbitron's exciting new technology" for radio ratings. In support of this assertion, Arbitron noted that Congress has chosen not to involve itself in the technical aspects of media ratings, and has therefore declined to give the FCC jurisdiction over these issues. Furthermore, the FCC has failed in past attempts to assert regulatory authority over areas not specifically marked out as its jurisdiction in the Communications Act, with courts rejecting them as legal overreaches.

Amazon Patents Detail Kindle Advertising Model

Would you buy a Kindle ebook reader from Amazon if you received a free, ad-supported version of a book for each physical copy purchased? The US Patent Office has published several Amazon patents in the past 30 days that could lead the online bookseller in that direction. One co-inventor, Udi Manber, left Amazon for a gig as VP of engineering for search at Google. Filed December 2006 and granted last month, the patent would give consumers who purchase a print book an electronic copy, too. Two additional patents filed by Amazon, published July 2, describe incorporating targeted advertising in on-demand generated content. These patents, filed in Dec. 2007, provide an example for advertising on Kindle. The patents clearly note that Amazon would insert advertisements throughout the ebooks, from the beginning to the end, between chapters or following every 10 pages, as well as in the margins. A cross-reference feature would add annotations, supplemental reference materials, and illustrations, as well as the ability to print on-demand paper copies in PDF and other format files. Kindle relies on Sprint to download content to the reader.