Euromedia November December 2013 | Page 25

us watch_us watch 28/11/2013 16:49 Page 1 Watch what you wish for the law of unintended consequences Larry Gerbrandt warns that historic legislation governing pay-TV subscription pricing may now result in fewer programming choices for consumers. riting in The Concise Encyclopedia of Economics, author Rob Norton notes “the law of unintended consequences, often cited but rarely defined, is that actions of people—and especially the government— always have effects that are unanticipated or unintended.” The now mature US business of multi-channel video programming delivered by wired W cable, telco and satellite distributors, is now experiencing the unintended and largely negative consequences of government policies enacted more than 20 years ago. Government concern over monopoly power and rising cable subscription prices openly encouraged multiple competitors to aggressively enter the market. Around the same time, US legislators also gave broadcasters the ability to negotiate for monthly licence fees—giving them the dual advertising and carriage fee revenue streams enjoyed by basic programme networks—in the form of ‘retransmission consent. While in the early days after the legislation went into effect retransmission consent largely resulted in the broadcasters launching new basic networks such as ESPN2, FX, MSNBC and Home & Garden TV in exchange for the right to carry local broadcast signals, over the last few years it has become a pure cash transaction, with per subscriber fees now often in excess of $1/month for an average of three-to-five broadcast channels per market. Affiliation renewal negotiations have now become torturous affairs—often accompanied by threats of having popular channels dropped—with the net result being higher programming fees ultimately passed on to the consumer. The multi-channel distributors, however, can’t efficiently raise prices because of intense competition: in most major US urban markets there are at least four providers of what winds up being virtually the same programming package: a franchised wired cable operator, two satellite providers (DirecTV and DISH) and one of two telcos (AT&T and Verizon). The net effect of legislative decisions in a now mature market—nearly 90% of all US households have some sort of multi-channel subscription—is video programme expenses consume 44%-46% of video programming revenue (also known as ‘turnover’ outside the US) according to the latest quarterly financial statements of two of the largest providers, satellite distributor DirecTV and the second largest wired provider, Time Warner Cable. The latter provided even more granular numbers: average programming costs of $34.10/month against average revenue of $75.93/month, or 44.9%. Both companies warned that programming costs were headed higher due to retransmission consent deals, sports programming costs and higher premium service costs as those programme providers invest in original fare to stave off the surging rival Netflix. The short term impact has been hardest on start-up and smaller networks not part of one of the five or so major programming combines that control virtually all of the broadcast and basic networks in the US. It is virtually impossible to launch a new independent network that carries any form of affiliate licence fee and independent networks are being turned away empty handed in efforts to increase existing fee structures. This in turn is encouraging new programming ventures to turn to Larry Gerbrandt [email protected] has been a media analyst for more than 25 years with companies such as Kagan and Nielsen. He is a principal at Media Valuation Partners, which provides strategic consulting, research, valuation and alternative means of entry into US households, such as launching broadband-based delivery platforms—the largest of which is Netflix—or selling programming to Amazon Unbox, Google TV and Apple. This in turn is fuelling growing options to encourage OTT and ultimately the spectre of cord cutting, with resulting downward pressure on distributor revenue streams. The conundrum is hardest on the two satellite providers DirecTV and DISH—which unlike wired cable and telco providers don’t have higher margin broadband and voice revenue streams. Cable industry pioneer John Malone, now head of Liberty Media, has already suggested publicly that economics now militate for the merger of DirecTV and DISH, an idea the government has rejected in the past. 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