Federal Communications Commission fcc 07-206 Before the Federal Communications Commission

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Federal Communications Commission FCC 07-206

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
Annual Assessment of the Status of

Competition in the Market for the

Delivery of Video Programming






MB Docket No. 06-189

Thirteenth annual report
Adopted: November 27, 2007 Released: January 16, 2009
By the Commission: Chairman Martin, Commissioners Copps, and Adelstein issuing separate statements; Commissioners Tate and McDowell approving in part, dissenting in part, and issuing separate statements.
Table of Contents

Heading Paragraph #

I. Introduction 1

A. Scope of This Report 2

B. Summary 4

1. The Current State of Competition: 2006 4

2. General Findings 5

3. Specific Findings 8

II. Competitors in the market for the delivery of video programming 26

A. Cable Television Service 26

1. General Performance 27

2. Programming Services and Pricing 44

3. Financial Performance 46

4. Capital Acquisition and Disposition 51

5. Advanced and Other Services 54

B. Direct-to-Home Satellite Service 74

1. Direct Broadcast Satellite 74

2. Home Satellite or Large Dish Service 93

3. Satellite-Based Advanced Services 97

C. Broadband Service Providers 100

D. Broadcast Television Service 104

1. General Performance 104

2. Digital Television 107

E. Other Wireline Video Services 130

1. Local Exchange Carriers 130

2. Open Video Systems 135

3. Electric and Gas Utilities 136

F. Other Wireless Video Services 139

1. Private Cable Systems 139

2. Wireless Cable Systems 141

3. Commercial Mobile Radio Service and Other Wireless Providers 142

G. Other Entrants 150

1. Web-Based Internet Video 150

2. Home Video Sales and Rentals 164

III. market structure and conditions affecting competition 168

A. Market Structure and Ownership Issues 168

1. Competitive Issues in the Retail Market for the Distribution of Video Programming to Consumers 169

2. Competitive Issues in the Program Supply Market 177

B. Vertical Integration and Other Programming Issues 183

1. Status of Vertical Integration 183

2. Other Programming Issues 194

C. Other Competitive Issues 245

1. Competitive Developments in Small and Rural Markets 245

2. Competitive Developments in the MDU Market 250

3. Competitive Developments in Alaska and Hawaii 257

IV. Technical ISSUES 261

A. Navigation and Reception Devices 262

B. Emerging Technologies 270


VI. Administrative matters 290

APPENDIX A – List of Commenters

APPENDIX B – Market Structure and Ownership Tables

APPENDIX C – Vertical Integration and Other Programming Tables


  1. This is the Commission’s thirteenth annual report (“2006 Report”) to Congress on “the status of competition in the market for the delivery of video programming.”1 Congress imposed this annual reporting requirement in the Cable Television Consumer Protection and Competition Act of 1992 (“1992 Cable Act”)2 as a means of obtaining information on the of competition in the marketplace for the delivery of video programming.

A.Scope of This Report

  1. Consistent with the statutory purpose, we report on developments in the marketplace for the delivery of video programming and on the factors that have fostered or impeded changes in the competitive environment over the past year. We present information and analysis regarding changes in the marketplace since the 2005 Report, and we describe how those changes affect the current state of the marketplace. The information and analysis provided in this Report are based on information submitted by commenters in response to a Notice of Inquiry (“Notice”) in this docket,3 publicly available data, and filings in various Commission proceedings.4

  2. The marketplace for the delivery of video programming services is served by a number of operators using a wide range of distribution technologies. In Section II, we examine each of these delivery technologies, and the services provided over them, and we assess their ability to provide competitive services in the multichannel video marketplace. Specifically, we examine the cable television industry and other established multichannel video programming distributors (“MVPDs”), including direct broadcast satellite (“DBS”) providers, home satellite dishes (“HSDs”), and broadband service providers (“BSPs”), as well as broadcast television licensees. We also examine other wireline video providers, including local exchange carriers (“LECs”), which have initiated commercial services using copper-based, fiber, and hybrid-fiber coaxial cable distribution technologies for video programming; open video systems (“OVS”);5 and electric and gas utilities. In addition, we address wireless video services, including services provided by private cable operators (“PCOs”), wireless cable systems using frequencies in the broadband radio and educational broadband services (“wireless cable”), and services offering video programming delivered over commercial mobile radio systems (“CMRS”) and other wireless providers. We also examine web-based Internet video services. Finally, we review home video sales and rentals. In Section III, we examine market structure and competition, evaluating ownership trends in the multichannel video marketplace, vertical integration between programming services and distribution systems, issues pertaining to access to programming, competitive issues in small and rural markets and multiple dwelling units (“MDUs”), and specific issues related to service in Alaska and Hawaii. We address numerous technical issues regarding navigation and reception devices and emerging services in Section IV. Finally, in Section V, we survey developments in foreign markets.
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