Big Media Tussles With Tiny Boxee Over the Future of TV

By Mark Milian
Bloomberg News

Apr 4, 2012

http://www.bloomberg.com/news/2012-04-04/big-media-tussles-with-tiny-boxee-over-the-future-of-tv.html


Boxee Inc., a New York startup that makes software for showing Internet 
video on televisions, is heading to Washington to challenge some of the 
biggest names in the media industry.

The company is fighting a proposed Federal Communications Commission 
rule backed by Comcast Corp., News Corp. and Walt Disney Co. that would 
let cable operators encrypt the TV transmissions that are delivered to 
U.S. homes. That means anyone trying to watch cable TV on a Boxee device 
would only see static, even if they were paying for a cable subscription.

Boxee, which has previously feuded with Hollywood-backed Hulu LLC, wants 
to be able to replace traditional cable boxes with its own software and 
hardware, rather than equipment endorsed by Comcast and other cable 
providers. At stake is whether media companies can restrict their 
customers from a wider range of options -- a battle that the technology 
industry needs to fight in Washington, Boxee says.

“Definitely startups, but tech in general, don’t focus on D.C. as much,” 
said Avner Ronen, chief executive officer of Boxee, which has 45 
employees. “We’re not speaking D.C.-speak or FCC-speak, for good or for 
worse.”

Ronen has an uphill battle ahead. In the October proposal, which was put 
forth before Boxee voiced its opposition, the FCC wrote that the change 
“will not substantially affect compatibility between cable service and 
consumer electronics equipment for most subscribers.” That’s not true, 
Ronen said, and he’s working to convince the FCC of that. Neil Grace, a 
spokesman for the agency, said the FCC hasn’t reached a decision on 
whether to pass the rule.
‘Without Merit’

Sena Fitzmaurice, a spokeswoman for Philadelphia-based Comcast, declined 
to comment beyond public FCC filings. In those statements, Comcast has 
encouraged regulators to pass the rule and said Boxee’s concerns were 
“without merit.”

Jack Horner, a spokesman for News Corp. (NWSA) in New York, declined to 
comment. Burbank, California-based Disney didn’t respond to a request 
for comment.

The Boxee Box is a $180 device made by D-Link Corp. In a game-changing 
development, the company also began selling a $49 accessory in January 
that can receive some TV channels through cable, such as TBS or the Food 
Network, without needing to lease hardware from a cable operator.

“Boxee in particular is a product that focuses on choice and breadth,” 
said Ross Rubin, an analyst for NPD Group in Port Washington, New York. 
The Live TV accessory is “one of the few weapons they have to deliver a 
greater swath of programming.”

Enabling Competitors?

If cable companies can’t encrypt their signal, they are enabling the 
kinds of technology that could ultimately cause customers to drop their 
subscriptions altogether, said Christopher King, an analyst for Stifel 
Nicolaus & Co.

For instance, if someone can get cable, Hulu and Netflix service from 
the same Boxee device, they may decide they don’t need the cable portion 
anymore. Cable companies also worry about noncustomers pirating their 
signal and watching it on unauthorized equipment.

“The more controls they have over that distribution pipe, the better off 
they’re going to be,” King said.

Technology companies are often ignored in regulatory and legislative 
discussions, Ronen said. Startups don’t get involved with lobbying 
because they’re more concerned about attracting millions of users 
quickly and they’re on a tight budget, he said. Boxee has more than 2 
million users.
Facebook Mention

Nick Miller, a 26-year-old intern who managed Boxee’s social-network 
feeds, learned of the FCC rule through a message posted to the company’s 
Facebook page in December.

Miller, Ronen and Melissa Marks, Boxee’s only lawyer, took a train to 
Washington to meet with FCC Chairman Julius Genachowski on Feb. 1. Ronen 
maintained the startup aura by wearing a Boxee hoodie rather than a suit.

“We’ve put on our lobbying hats,” Miller said. “There’s no attempt by 
the regulatory groups to actually talk to us.”

Boxee has feuded with media giants before. Hulu, an online TV service 
backed by Comcast, News Corp. and Disney, has blocked Boxee’s software 
from accessing Hulu programs.

During congressional hearings for Comcast’s acquisition of NBCUniversal 
in 2010, then NBCUniversal CEO Jeff Zucker said Boxee was “illegally 
taking the content that was on Hulu without any business deal.”

The media industry complains that technology companies fight against 
their anti-piracy measures without offering alternatives or adopting 
industry-approved standards.
CableCARD System

The National Cable & Telecommunications Association, a cable-industry 
trade group, wants Boxee to use a different protocol called CableCARD to 
access live programming. The organization described Boxee as a 
competitor to cable operators that’s trying to prevent them from 
“modernizing their networks.” Boxee says CableCARD would significantly 
increase the cost of its hardware because the system requires the 
company to install a card in its boxes and pay service fees.

The Consumer Electronics Association, meanwhile, opposes the FCC’s cable 
encryption proposal.

“The FCC should not act piecemeal,” Julie Kearney, a spokeswoman for the 
electronics trade group, said in an e-mail. Cable companies should adopt 
a system “based on open standards, that will promote competition and 
will give consumers new choices -- other than simply accepting another 
cable box.”

The AllVid Tech Company Alliance, a group that includes Google Inc. and 
Sony Corp., also opposes the proposal. An executive on Google’s legal 
team in Washington told Boxee that Google hasn’t gotten involved 
directly because it’s not a pressing issue for the company’s business, 
said Miller, the intern. Google didn’t respond to a request for comment.

Boxee only has about $50,000 to spend on lobbying, Ronen said. Compare 
that with the combined $30.6 million spent by Comcast, News Corp. and 
Disney last year, according to the OpenSecrets.org site of the Center 
for Responsive Politics, though that includes lobbying on a wide range 
of issues.

“It’s a lot of money,” Ronen said.

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