Top Shelf: TV in the internet age, the FCC, and Aereo
Top Shelf: TV in the internet age, the FCC, and Aereo
2013-06-27
welcome to top shelf my name is David
Pierce and this week we're talking about
television TVs kind of like the car
industry there's all these cool stuff we
could be doing but we're really not
there's all sorts of innovation and neat
things out there but really the market
is where it's always been so we're going
to look at the future we're going to
look at the past and we're going to try
and figure out how this thing that we
all sit on our couch and do every day is
going to change TV is changing quickly
and it's changing in more ways than ever
but in some sense it's really still the
same as it ever was network TV channels
like ABC and CBS in the united states
are broadcast over the air from huge
powerful antennas more than anything
that's what those companies are and
while netflix and cable companies
continue to make money hand over fist
surveys show that between nine and
nineteen percent of people still watch
their TV this way over the end these OTA
signals as they're called have gotten
much better over time they're now in HD
and they're all digital but they work
really as they always have just set up
an antenna or run your cable companies
coaxial cable straight into the back of
your TV or of course you can get these
channels through your cable or satellite
provider companies like Comcast and
Verizon carry these broadcast channels
through a process called retransmission
basically the cable companies pay the
broadcast companies for the right to
show their content if they don't pay the
broadcast companies have the option to
then go to the cable networks and make
them carry their content this is called
must carry it means that in this case
cable companies have to carry save Fox's
content but Fox wouldn't get paid for it
this back-and-forth leads to odd games
of chicken whenever these deals expire
which is how you see things like Time
Warner dropping ABC in july of last year
broadcasters and cable operators are
kind of in tough shape broadcast
operators are seeing that revenue go
down because of companies like dish who
ensures the hopper which literally just
skips right over all of your ads and
just DVR culture in general so that's
led ABC CBS and others to jack up these
transmission fees to try to make up the
difference but through all these
standoffs and regulatory complications
one thing hasn't really changed it's
still really really easy to watch TV
over the air in your
all you needs an antenna and honestly if
you pay for internet from the cable
company odds are pretty good that
they're unencrypted channels flowing
through that white wire coming out of
your wall here's the odd thing though
the internet you know the Internet is
allowing us to watch almost anything we
want online whenever and wherever we
want it started with Netflix and Hulu
and Amazon then products like I TV and
boxy took the traditional idea and went
a little further they give you better
interfaces to watch broadcast channels
and also add things like cloud storage
and remote access then there's area
Aereo is on one hand just the natural
extension of over the air broadcasting
the company runs you a tiny antenna
which it uses to collect those
broadcaster channels and stream them to
any device via your browser you can
record shows and watch them whenever you
want it seems so smart so obvious but
it's caused huge problems Fox threatened
to polish channels from the OTA
broadcasts a area is flat-out stealing
its signal acting like a cable company
but not paying the huge retransmission
fees CBS followed suit and said it could
go cable only in just a few days it's a
weird time to be a broadcaster it seems
like everyone's trying to steal your
content and keep you from getting paved
it's also a weird time to be a cable
company as broadcasters lean heavily on
retransmission fees to stay powerful and
lucrative it's a weird time to be a
consumer to there's more great things to
watch than ever but how in the world are
we going to watch them so we have a lot
of questions and we figured area was
actually a really good place to start
asking some of them Sonia I Patel sat
down with Aereo CEO Chet Kanojia to ask
him why he thinks Aereo is legal how he
thinks it can beat the broadcaster's and
really what the future of TV looks like
so we're sitting in Brooklyn right now
this is kind of an abandoned it's not
abandoned it's very empty building in
Brooklyn the other building is actually
an old tire factory area needs a lot of
power bandwidth it's a good spot for us
can you just a very high level describe
what area is it's the first company
that's figured out a way of creating an
alternative for consumers outside of the
cable bundle of the cable package for
live television you've got really small
antennas how will you manage to make
those antennas provide reliable service
and switch them from user user reliably
without them having to be huge basically
first and foremost a typical 80s antenna
is designed to look at all parts of the
spectrum at the same time since ours is
this switch system meaning the consumer
says I'm interested in watching ABC all
of the channels that essentially six
megahertz white so the area antennas are
soft antennas in the sense their
characteristics change depending on what
channel you are looking at you said they
were how many antennas are there on each
of those little boards your giants so
each board carries 160 in tennis ok and
then how many boards how many people can
you support from here that room that you
saw is capable of serving several
hundred thousand seven hundred several
hundred thousand average
it's come to area whether or not you
guys wanted it or like it the idea of
area is this life is literally an
upstart company it's taking on the cable
giants exists you've been in court
you've been fighting the fight do you
think of yourselves as renegades in that
way areas so not i mean we spend so much
time money resources in trying to figure
out how to comply with the law right so
that that's not renegade that's like the
most compliant child in the room who is
going through contortions to figure out
how to comply there's all kinds of cable
channels you can't get over the over the
air right so if eventually your
customers start demanding MTV or AMC or
HBO the way that you would provide them
is by doing license deals not building
thousands of tight little you know I'm
not sure what's going to happen I would
rather focus on making the customer base
that understands the value proposition
which is you for ten percent of the
price you get fifty percent of the value
out of the large bundle and then you
have a myriad of other options whether
you rent movies from itunes whether you
have netflix for a lot of library shows
a lot of cable shows end up on netflix i
would rather serve those people than to
go recreate the cable bundle because I
just personally as a consumer I've never
find appropriate balance of value and
price in that and I don't think that's
the future I think the future is a
smaller number of what I call skinny
live and deep libraries people like on
demand they like to be ability to say
I'm interested in four of these episodes
I'm going to watch him back to back and
you know I got six hours to kill and
that's what I'm going to do
what's the next step prayer I mean
what's interesting to me is that it
really does seem like if you're going
even if your goal isn't to recreate the
traditional cable model nutritional
bundle and company where you are
recreating is your the company people
will buy live video from what's the next
step along that path for you I don't
know yet I think it's too early here's
the one thing that I more and more that
sort of concluded if you can put the
consumer in the forefront and say I'm
willing to forego everything else for
this particular customer or these sets
of customers you're gonna win you're
absolutely going to be no irrespective
of what they call you or don't call it
you're gonna win the system is set up
that nobody cares about these customers
it's purely about creating more and more
profits for the companies and I think
that's just it may be right for them but
it creates an opportunity to dialogue me
to come in and say the five pick that
guy and I just support them and I just
support him to the nth degree I'll win
he'll make sure I went but so what i
want a net like if you prove this model
works and you prove that there's
consumer demand for this product and you
prove that the legal precedent for this
product need to be allowed is there what
happens when comcast builds a data
center with thousands of tiny little
antennas and says hey xfinity customers
you know watch it on your smartphone how
do you compete with that mean this is
exactly what happened to Eva the the
biggest issue in aught that the sacred
cow in the mix of all of this thing is
the bundle the question is when is that
go away and individuals have the ability
to pick and choose the question I have
is when you're in that world the best
technology the best experience is going
to win and I think I've got a shot at
that I like my chances so this is all
very confusing and there's a lot going
on so I brought two people to help me
talk about it nilay patel and greg
sandoval welcome both of you thank you
thank you so I'm gonna start with the
opposite side of this we sort of heard
what area thinks why they think they're
great why think they could think they
could work what's the argument against
Aereo why should Ariel go away from the
network's perspective it makes a lot I
mean if you run a
broadcast network and you have to
revenue streams one is you sell ads
against whatever broadcast television
and the other one is you sell your
content to comcast so what's the
breakdown of those suits like where does
all this we're so originally it was all
ads right and now it's like all comcast
which is why it's actually why comcast
bought NBC like if you're a Comcast look
man we pay a lot of money IM you see
every day every year billions and
billions of dollars hundreds of go into
dollars right it's like we should just
most you just buy and vcn and that's
exactly are just vertically integrated
of business so if that if you have those
two revenue streams and Aereo shows up
and says we're going to take away that
cable string we're going to take your
content we're going to do instead of
having one big antenna which is what you
know your cable company in the boondocks
has we're going to have lots of little
antennas and whereas in Brooklyn I can't
mean that's basically that's basically
the trick that they called it's a good
trick I've been I like it and it makes a
lot of sense because I mean it's
basically just by putting some slim
boxes in there no data center right and
did we ever have this fight with
slingbox like did this did this come up
yeah if I was Sun box with a fight with
tivo you're the fight with cablevision
like Cablevision was instead of giving
everybody a cable box will virtualize
your cable box and just put it in our
data sign right and they were they were
paying the money and the networks were
not so for cablevision to write and it
was literally the same fight it was
instead of giving everybody the box and
doing everything in your home we're
going to move it to a datacenter an area
is doing the exact same thing only
they're not paying money I mean that's
basically you've heard as well right
exactly yeah so they said then I mean
who do you put it like that it seems
really obvious that like Aereo is
illegal and has to go away and they're
fighting all these fights but then so
Aereo just took these huge antennas and
just knock them down into tiny antennas
yeah and sold in every Chet interview
Chet told me I think he was during that
interviewer just after I don't who made
it in but uh he was like are the primary
thing that we developed was this antenna
which is like this tiny little antenna
and he's like you know we could have
probably made it even have kept it
helping to make it even smaller but the
goal for us was to develop this like
Ritu nabol antenna because that's the
key but we can make this intent to pick
up any channel where as regular people
with with those kind of stick antennas
everybody knows like we move them around
your house like you get better reception
on 4chan
it goes horse so I mean like really and
you know this is like we have all these
devices here and I my like theory about
all of these devices after having
covered a lot of them is it anything
that has a coax port and an Ethernet
port is doomed to fail but they're just
different worlds like they just they're
entirely different networks and they to
make the two of them like work together
in a seamless way for the consumer is
has never been accomplished like a cable
box is like bad at the internet right
and all these internet devices are bad
at television and the only one I think
the only company that's ever like made a
real effort out of this Tebow and Tebow
suck like I have one I love it I think
it's the best k walks you can buy these
are the antennas tiny little antenna yes
well so Greg you've been you've been
tracking this as much as anybody so
Islam at this point what's changed over
the last couple of years like Aereo just
showed up and kind of did this thing and
was were things changing that led up to
like Ariel being able to do this or did
they just sort of show up no well there
was a bunch of other what was it is a
diva and like gumbo is the one to try to
play dvds over the Internet right
exactly like a DVD player in their
warehouse was kind of similar but arrow
had the approach going over the air
right you know when I tried anymore and
it kind of makes sense right we all have
a right to watch TV via these antennas
it's all been regulated forever right
the exact the FCC is has said basically
flat out like you have to provide the
channels over the air and you have the
right any individual has the right to
watch this stuff so they came on and
they they took care of this and they
made some kind of interesting arguments
essentially saying because of that right
doesn't change that these antennas are
on our warehouse nothing changes and I
was in the courtroom I thought they were
going to lose really yeah because the
judge was looking for the copyright
owner CBS NBC fox their attorneys please
tell me how this is you know different
than cable vision and they couldn't do
it I couldn't do it and her decision was
like she was looking searching hoping
essentially she was definitely she said
this is like kind of a backdoor way
they're kind of slithering in and those
are my words but that's how she saw it
it's kind of a novel way to kind of
circumvent the law but at the end of the
day they didn't
break the law right and that's really
what hereos at least illegal yeah when
you say is that so this will just make
the win for ABC and CBS and whoever is
that they get Aereo to be recognized
like Cablevision who then has to pay
them a ton of money to broadcast their
content is that right essentially what
they want at this point they're like
area you can exist I just want a
crapload of money from the area to exist
really I I was at the D conference last
month and a woman from ABC was like area
i was completely legal and they're
stealing our content and we won't stand
for it because if your ABC you're
looking at areas to any like man what it
mean just at a super big conceptual
level right there's like television
there's like a series of hacks and
there's you watch TV right which is fine
and i think this is like a brilliant
this antenna is like a brilliant hack as
opposed to like this is opposed to that
yeah right but if you're a bc you're
like why every one of those hacks is
like a revenue opportunity for you right
so if you're a bc you're like why and
they're doing now you can download the
watch ABC app and like watch live ABC a
phone and that's they get to control
that and they get to sell the
advertising its and they they get to
collect all the revenue so is that i'm
curious for both of you is that where
we're going basically is that like did
Aereo sort of inadvertently like break
this channel model cuz right the the you
know CBS and was it Fox that also came
out and was like we can pull our stuff
off broadcast area whenever we want that
answers your first question which is
which one of these revenue streams is
more important right now like they're
not saying we're gonna pull our stuff
off a round cast right and I they're
they're saying this is worrying about
the writer saying that if we allow area
to do this then then comcast or Time
Warner Cable aren't going to want to pay
for our right ok so then there's that
but they're also worried too this is a
threat against the the cable guys right
that's what chad has said he wants to
break up the cable bundle he doesn't see
any value it as a consumer he says hey
well why do I want to pay for the few
channels that i watch I have to pay for
the 500 that forced me to watch we've
everybody's been saying that for forever
his his objective his goal is to get
people that are sick of you know all the
would-be cord cutters to say you know
what I got netflix i got hulu i'll use
area for my live TV and sports I don't
need these guys really he said that I
think he said to you is like I can give
you fifty percent of the bundle for ten
percent of the price
that's a Canada and Sons up in the
reality is the most people watch like
network television right well I mean
most shows people watch are on network
TV and like you can record them Ontario
and it's like having a DVR and less what
you wanted yeah you know there's nothing
they have it so they have all the
networks on Bloomberg TV right there's
nothing stopping them from getting an
AMC or an a you know like the cable
networks like if you're a cable network
I why wouldn't you get area on say like
we sell it to comcast your cell from
Warner and Alice off area and you can
stream it the only thing there is all
those companies they all make their own
app they all want to have a direct
billing relationship with a consumer and
I don't know that there any of them is
eager to like what a start-up ongoing
relationship right and that is that's
like that right there is that's why you
see a hundred different apps with like
bad you eyes right side of one unified
well that's question so what does this
mean for how we watch TV both from sort
of a legal standpoint and just like a
here's the technology what the products
are like how are we going to continue to
watch TV over time like it is Ariel
going to eventually just break up all of
the networks and they're all going to
either be on cable or have their apps or
whatever or are things like you know so
we have these boxes like the boxing TV
takes is super interesting I think they
do not a great job of putting it
together but it's super interesting to
have like you put the antenna out it
grabs a live TV puts it into a DVR on
the cloud and you can watch it from
anywhere and then there's the this guy
the simple TV which is also a weird I
vegetation point out but you see this
there's like nothing in here you look at
you can literally XE through it there's
nothing here but so it is show you what
that does is it takes over-the-air
signals to and transcodes them so you
can watch them online you can watch them
on the iPad you can watch them on your
TV and that's what I'm saying like this
if you see this on a device it's a bad
experience like it just is i mean like
why do you I don't think you should give
the consumer the responsibility like
transcode signals from one legacy
network so who say bandwagon use the
rant upstream bandwidth hood like yeah
but it meant all that social a two of
the entertainment center I had all these
set-top boxes right you go over people's
house and they have like stacks of
set-top boxes now people solves this
problem where are we going I think the
problem is the the solution is it's
already out there right like the Roku is
out there the xbox is out there that
apple TV is out there right
they're the ones they're collecting all
the content into unified interfaces and
extreme it all over the Internet um I
mean I think it's funny because yeah my
theory about coax tracks and ethernet
jacks is like Microsoft couldn't get all
the way there so they had to build in
this like hack but you I mean if you
look at the rope if I mean I have like a
lots of channel this area which is so
while that's right yeah like let's put
you know let's take it put on the
internet and put it back on your TV in a
way that works slightly better with I
just I mean I see consumers going after
that anything like this is where we want
to live like we just want one interface
we don't want to like deal with this
stuff we don't want to deal with time
warner cable right nobody wants to look
at market but even that was sort of its
own huge messy you wrote a whole piece i
think a week ago or two weeks ago about
apple TV & HBO go and that was that
seemed like a whole sort of fiasco
getting that put together with all sorts
of that goes between the two companies
so well how did that go down like that
seems like a big win for Apple TV so how
did that well HBO is trying to build out
right we're talking about media
companies and now they've got to hire
engineers and internet guys are experts
at that so it's it's a slow process so
they're trying to get better we're going
to see a blending of these companies and
with these kinds of skill sets and it's
not natural for them but the thing I'd
tell them you know you know when we meet
and they're just up the street here I'm
like you got to get off cable everybody
right everybody wants HBO alucard and
everybody telling and just burn all of
your boy yeah exactly I mean I just look
at it and I say no the problem why HBO
you won't see that for a while is
because the cable companies and the
carriers do all the marketing for them
they don't have to do anything right
yeah wait and Allah billing and people
get mad and that's a big deal that's a
lot of money and right but eventually
you keep seeing Aereo you know these
kinds of operations and the cord cutting
numbers keep growing yeah they're gonna
have to decide to make a change
eventually and so are there what from a
you know I spent a lot of time this week
reading like the FCC's website which is
just horrible I haven't slept Oh week
it's been awful but so what in in terms
of like regulations and sort of what's
controlling these two forces what
prevents us from doing that now is it
just money is that the only thing
preventing us from I only do it when the
FCC can say until they're blue in the
face right we should all put cable cards
or halo
boxes and you know you should be able to
buy them a retail and it just didn't
work you know the FCC has they're a
weird institution in that they're
supposed to regulate this industry but
then they also have to like dole out the
spectrum and work with the industry and
like figure out standards so like
they're there in bed with the people
that they're trying to regulate and
that's just by nature of their existence
right right like that's what they're
supposed to do so like I don't know that
they're ever going to they've been more
active right like they impose some fake
restrictions on the comcast merger they
you know they block ATT and tmobile like
you know they've been more active and
that sort of thing but they're never
going to be like do this thing that we
want they're never going to be the
consumer advocate that way I don't know
that it's even fair to ask them to be
because that's not what they're supposed
to do is like manage or spectra and
manager communication you can bet the
CBS and Fox and they're all going to you
know their lobbyists are going to go to
Congress and say these guys are taking
on content without getting permission or
without paying this for it so lost in
the courts and now they're gonna go and
try to get their own legislative run on
there and you see another route there's
not much unless they cut deals right
this I said this today I tell my friends
I'm like this is gonna be one of those
things just like he said tivo & with VHS
where they were going to fight fight and
then they're gonna realize oh wait we
can make my office yes we do what's
what's the VHS connection well you know
they try to block the HS right like
really compared to the Boston Strangler
that's right yeah so yeah they said like
I was Jack Valenti around a motion
picture association said the VCR is
going to kill at the movie business and
that went well two years later like home
video sales for the biggest right this
is true and it's the nature of any
business it's not just it I think we are
all because we're consumers of
entertainment and we all understand how
we want to consume things things that
seem obvious to us like you're so stupid
why isn't this obvious but any business
when like if you're faced with your
primary revenue stream changing you
freak out so right now is just like an
awkward transition time between they
have they still have all this money
coming because right everybody tries to
compare it to the music industry so it's
just imploded and this has we haven't
this hasn't imploded so they don't
necessarily need anything else well then
I guess they will be i'm going to show
you it's like the business wall
so radically different music industry
succeeds on selling you stuff at retail
right so if piracy like came and like
took all of the business right it's like
okay now we're not selling anything
anyone we've got to get on the internet
and start selling things tonight because
once I have the music I have the music
and that's sort of the end right but
like Comcast and Time Warner Cable & rcn
they're not gonna pirate the shows right
and lex there's a forensic though right
they didn't take care of their customer
they forced us remember to buy two songs
that we liked it was nice to buy 12 um
right cable people haven't taken care of
their customers I don't know anybody
that likes her cable right there would
always on the top of the list with most
hated companies and now there's people
that are gonna use that Chet kenosha
aerial you're gonna get in you just like
they did and what Chad said to me was
you can't buy a seat at this table right
because we're not the customers of the
content companies that the cable
companies are the customers right and
then they resell stand so like no one's
taking care of a final customer because
there's a monopoly we're not a monopoly
but it's a closed system and they know
how it works and I know how the money
flows that comfortable with it and chat
was like you can't buy seat at that
table and be disrupted so they like
literally engineered their way to like
hack in to that door with this little
time it was just fine I think that's
cool but like I asked was like this
can't be your business like engineering
little antennas can't be your end game
and he was like you just like smiled at
me because it can't like his end game is
really going to he's going to be the
next generation cable network right with
a next-generation like multi-platform
video distributor which is he takes all
the content in cells you an interface
sells you a package and it's funny oh
it's funny that he keeps on talking
about breaking up the cable bundle
because he still sells you a bundle you
know you don't buy channels right you're
still paying area you're doing less so
like it doesn't sound like you got
friends bad right I mean I'm sure as
time goes on like the pricing will
change right but that fundamental thing
that they do where they collect all the
content they sell you an interface I
know in a way to bundle to wash it I
think that's a good model I don't think
anyone's complaining with that I think
they're complaining about what channels
are in the bundle and how much it costs
and I think that stuff is going to
change radically yeah so how long does
this take I guess I'm sort of less
tapped into this like on a day to day
basis than you guys are but it seems
like this is all happening really slowly
because this are we does this change
drastically a year from now or does it
take like 20 years or like a thousand
years look at netflix it's taking
netflix 10 years to get where they are
right now right and they're still like
on the trenches fighting it out for
streaming so who's to say it could take
a long time yeah I mean I think in terms
of like hardware launches I think the
xbox the ps4 I'm fairly certain that
when fall comes Apple will do something
with the Apple TV like they'll have
api's and apps and stuff like you know
it's funny because they have the thing I
am a 74 the game controller choice yeah
yeah but like you know they added HBO GO
they added watch ESPN but they added
like four other insane crappy channels
the Apple to you know day like what I'm
is called qello I've never heard well oh
well oh it's a live concert but it's
okay and I was like what is this like
how are you on the apple TV like it took
HBO a year yeah I think like that
they're starting to like release their
control of the platform a little bit I
think that even if they don't do
something in the fall what because I you
know they said they're gonna filter
products on the fall they don't do
something in the fall pay apple TV it's
like yeah goodbye opportunity I'm saying
that he lifts the telly everybody in
Hollywood tells me they think it's a big
ipad right the thing is yeah but
whatever it is it's not going to have
like the kind of it doesn't look like at
this point that is going to have the
kind of revolutionary faculty that they
had a lot the cell phone or yeah
computerization rio on the apple TV well
let me live the iphone right there is no
absolute launch like they made a thing
it was totally self-contained it the
only people they need to talk to you
about it was ATT right now what they
said 18 he was get out of her way yeah
you cannot build a TV that way you just
can't do it like you don't have any you
need yeah you don't have anything
probably you need a hundred different
companies to support you and then you
need comcast to say like we're gonna let
you have this bandwidth with this
product and I one of people using that
bandwidth are not going to buy your
television product that's like too many
people you mean they have to go slowly
and they have to start by like adding
more channels to the current product
they have certainty I'm gonna have to
continue to drink too much while I sit
in bars and watch worse because really
that's basically my problem and even the
liquor companies are at the table too
yeah what you're just so I did this math
forever though it's like way more
expensive to do with my way please I
gets a treat for
so it's good that's good I will thank
you both so much really appreciate you
being here I've learned something I'm
gonna go back to FCC website now I'll
feel better after I right back there
I'll see you later all right that's our
show for the week thanks to greg
sandoval and nilay patel for being here
and thanks to Chet Kanojia from Aereo we
will be back in two weeks we're off next
week for the fourth july have a good
holiday and we'll see you after that
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