Broadcasting

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What makes Howard Stern’s radio show so compelling, besides Howard himself, is that everybody who contributes to the show is a character. That goes for all the staff members who come on the air, and all the callers — especially the oddballs called the Wack Pack. There’s Mariann from Brooklyn, Bigfoot from the backwoods of Vermont (and sometimes its jails), Sour Shoes, High Pitch Eric and too many others to name. But the biggest character of them all was physically the smallest: Eric the Actor, first known as Eric the Midget, who died Saturday. He was just 39 years old.

Eric was a tiny dude with bad diseases and a voice like a kazoo. He was demanding, selfish, obsessed with celebrities, professional wrestling, the Oakland A’s, large breasts and other stuff Howard and his crew loved to goof on. He was also the kind of guy Monty Python called “a gentleman of unshakable negativity.” He liked to complain and loved to fight. When he did, he sounded like a duck getting goosed.

Eric also felt completely deserving of the fame he gained on Howard’s show, which commenced at 3am for Eric’s home in Sacramento, California. He called almost every day. He didn’t always get on the air, but it seemed like he got more air time than any character on the show other than Robin Quivers and Howard himself. In the end his fame proved huge, with coverage of his death in People, Variety and countless other celebrity rags. Yet every Stern show fan knows that if Eric could still call in, he’d be complaining about what the reporters got wrong. And it would be funny as hell.

Eric was pepper on the show’s steak. It’ll still be tasty without him, but it won’t be the same.

Bonus link.

sb-radioWhen we moved to Santa Barbara in 2001, the public radio pickings were pretty slim:

  • 88.3 KCLU, a faint signal from Thousand Oaks.
  • 88.7 KQSC, a strong local station on Gibraltar Peak carrying the classical music programming of Los Angeles’ KUSC. Santa Barbara also had classical KDB on 93.7, an equal-sized signal on Gibraltar Peak.
  • 89.1 KCRU, a weak signal from Oxnard carrying Santa Monica’s KCLW.
  • 89.5 KPBS, San Diego’s public station, which came and went depending on weather conditions over the 200 miles of Pacific Ocean it crossed on the way.
  • 89.9 KCBX from San Luis Obispo, via a 10-watt translator on GibraltAr Peak
  • 102.3 KCLU’s 4-watt translator on Gibraltar Peak

So Santa Barbara had two strong local classical stations and no local public station, other than KCLU’s translator. Credit where due: KCLU devoted a large percentage of its local news coverage to Santa Barbara. Also, in those days, KEYT, the TV station, also had a local AM news station on 1250am, with Morning Drive held down by local news star John Palminteri.

In the years since then, the following happened:

  • KEYT disappeared on 1250am, which became a Spanish station.
  • KCLU bought 1340am, which radiates from downtown, and cranked up local coverage for Santa Barbara, in effect becoming Santa Barbara’s first real public radio station. They used John Palminteri a lot too.
  • KCBX left its translator on 89.9 and started a repeater station, KSBX, on 89.5, a signal with 50 watts to the west and south about 10 watts to the east, from Gibraltar Peak. The old 89.9 signal went to a religious broadcaster. Local Santa Barbara coverage was minimal.
  • KCRW got a translator on 106.9, to reach Goleta and the western parts of Santa Barbara from a site on West Camino Cielo radiating 10 watts toward town and as little as 1.35 watts in other directions.
  • KDB got saved when it was bought by the Santa Barbara Foundation, and converted to a noncommercial station.
  • Bob Newhart sold his station at 1290am, effectively, to the Santa Barbara News-Press, which made it KZSB, A 24-hour local news and talk station. At just 500 watts by day and 120 watts at night, it’s small but covers the city itself just fine.

And that was the status quo until just recently, when all this happened:

  • KCLU cranked up the power of its 102.3 translator to 115 watts toward downtown, with nulls to the east and west (across hills and mountains) of 5.4 watts, which is still better than the old 4-watt signal.
  • KPCC, Los Angeles’ main all-news/talk public station from Pasadena, displaced the religious broadcaster on the 89.9 translator. It puts out 10 watts to the west from Gibraltar Peak, and less in other directions.
  • A set of deals went down (see links below) by which KDB’s staff got fired and programming replaced by KUSC’s, which moved up the dial to 93.7 from 88.7, where KCRW appeared with the call letters KDRW. The KQSC call letters were dropped, so the call letters on 93.7 are still KDB, but the station is really KUSC.

As a result, Santa Barbara now has all three main Los Angeles public stations — KUSC, KCRW and KPCC — along with KCLU and KCBX. And that’s in addition to a pair of non-NPR public stations: KCSB/91.9 from UCSB (radiating from Broadcast Peak west of the city, home of nearly all the locals that aren’t on Gibraltar Peak), and a 10-watt translator for KPFK, the Pacifica station from Los Angeles, on 98.7 from Gibraltar Peak.

As Nick Welsh asks in the Independent, NPR Saturation in Santa Barbara?

As a listener, I’m glad to have so many choices. (Even the mostly-news-talk stations are hardly clones of each other; and KCRW is heavily into music and a younger demographic slant.) But if I were KCLU or KCBX, I’d be pissed to find my stations playing Bambi in a fight with three big-city Godzillas.

So here’s a bunch of additional stuff you probably won’t read anywhere else.

First, Santa Barbara’s terrain is weird for FM. There is no perfect transmitter site.

At our house, on the city side of the Riviera, we have line of sight to none of the local stations, which is what you need for a clear signal. So they all sound like crap there.

The Gibraltar Peak site is good for covering most of the South Coast, but is well below the crest of the mountains, block signals toward the Santa Ynez valley. They all sound awful there, or are gone completely.

Power matters less than line-of-sight. This is why KCLU, with just four watts on 102.3fm for all those years, did very well in the ratings I’ve seen for it.

The Broadcast Peak site is much higher (over 4000 feet high, with a view from San Luis Obispo to Ventura. Signals from there are advantaged by the elevation, but its distance from Santa Barbara is also a factor. It’s way out of town. The killer signal there, by the way, is KVYB on 103.3fm. It’s 105,000 watts, making it the most powerful FM station in the whole country. KYGA, a noncommercial Christian rock station on 97.5, is also huge with 17,500 watts. KCSB is just 620 watts up there, which is why it’s strong in Goleta but on the weak side in Santa Barbara. KFYZ doesn’t do much better from the same site, with 810 watts. KCBX also has a 10-watt translator on Broadcast Peak on 90.9, but it’s only full-power south toward Gaviota Beach and northwest toward Solvang and Los Olivos.

These FM issues are why, in my opinion, KCLU’s AM signal on 1340 is a big winner. Its signal isn’t big (only 650 watts), but AM waves flow over terrain that messes up FM. A transmitter site near salt water does wonders for AM signals as well. (KCLU radiates from a red and white pole standing in the city equipment yard on Yanonali Street, a few hundred feet from the ocean. That’s it in the picture above.) So there are no “holes” in its coverage, from Carpinteria to Capitola Beach.

The big loser, hate to say, is KCBX. Their old Santa Barbara signal on 89.9, now occupied by KPCC, had the advantage of nobody else on that channel that could be picked up in the area. By moving to 89.5, their signal had to compete with KPBS, which since then has moved closer to Santa Barbara and raised its power. At our Riviera home on KPBS blows KCBX away on 89.5, nearly all the time. KCBX knew they had problems after they moved, and tried to move back to 89.9 with a bigger signal, but that fell through.

I expect the result will be a lot more public radio listening in Santa Barbara, with KCLU remaining the local favorite, simply because it remains local.

Meanwhile, some other moves on the South Coast:

  • 106.3, which radiated from Gibraltar Peak for many years with different call letters and formats, moved to Ventura, where it is now a country station.
  • KSBL/101.7, which moved from Gibraltar Peak to West Camino Cielo a while back, and dropped its power in the process to 890 watts (a bad move, in my opinion), has a construction permit to move the transmitter to Santa Cruz Island. This involves a raise in the class of the station, meaning technically it’ll be bigger. Santa Cruz Island has great line-of-sight to all of coastal Southern California, but the station will now be more than 30 miles from town. And the signal is directional, mostly to the west, meaning it will only be full power toward the islands and the coast west of Santa Barbara. Toward the east it will be way less. (I’m also not sure how they’ll get electric power to the site, which is on a remote peak of what is also a nearly uninhabited national park.)
  • KRZA-LP is a new 100-watt station on 96.5. The construction permit is licensed to La Casa de la Raza, and will broadcast from downtown Santa Barbara. Says the site, “The mission of La Casa de la Raza is to develop and empower the Latino community by affirming and preserving the Latino cultural heritage, providing an umbrella for services and by advocating for participation in the larger community.” So: a true community station. Says here the transmitter will be at the corner of Montecito and Salsipuedes Streets.
  • KTYD/99.9, which has the biggest signal on Gibraltar Peak (34,000 watts), is getting a new 250-watt translator in Goleta on 104.1, radiating from Platform Holly, off the coast of Isla Vista.

amradioThe BMW i3 may be the first new car to come without AM radio since cars starting coming with radios, way back in the 1930s. Meanwhile, Disney is unloading a big pile of AM stations carrying Radio Disney, a program service for kids focused mostly on “teen idols.”

In Disney’s Devastating Signal About Radio, Eric Rhoads of Radio Ink spoke Big Truth about the heft of the harbinger Disney’s move delivers to the media marketplace. In a follow-up post he defended his case, adding (as he did in the first post) that “radio is not dead.”

In Redefining “Radio” for the Digital Age,” Deborah Newman‘s proposed panel for the next SXSW, she begins with this question: Is radio a technology or a marketing term? Good one. I think “marketing term” is the answer — because the original technology, AM radio itself, is dead tech walking.

Here in the UK, for example, I am listening right now to Radio 4 on 198KHz, in the longwave (LW) band — one still used in Europe, because waves on frequencies down that low (below the AM band, called MW for Medium Wave) travel great distances across the land. I can also get LW stations from Germany (on 153) and France (on 162). All are doomed, because the required tubes (called valves here) are no longer made. When the last ones fail, Radio 4 is going off the air on LW. Most AM stations, which operate at lower powers (50,000 watts vs. 500,000 watts for Radio 4 LW), are solid state and don’t use tubes, so they lack the same risk of obsolescence on the transmitting side. But AM receivers tend to suck these days (manufacturers cheap out in the extreme), and transmitting towers tend to be sited on land that is worth more as real estate than the stations themselves. Environmentalists would also like to see towers sited in swamps and tidelands revert to nature. (The best sites for AM towers are on salt water or tideland, because the ground conductivity is highest there. This is why the Meadowlands of New Jersey are home to most of New York’s AM stations.)

The bottom line, as it always has been (at least for commercial radio) is ratings. Here are the latest from Radio-Info (sourcing Nielsen). In some markets, some AM stations do well. You’ll find an AM news, talk or sports station or two near the top of the list for Chicago, San Francisco, Baltimore, Cincinatti, St. Louis, Sacramento, Milwaukee, Salt Lake City, Memphis and Hartford. Elsewhere AM stations are way down the list. Most don’t make the listings at all. In Orlando, the bottom six are three AM stations and three “HD” stations (secondary streams carried by radio stations and audible only on radios that can decode them). Of the 29 listed stations for Washington, DC, only 3 AM stations make the cut. The top one of those, WTEM/980, is a sports station with a 1.5 rating. The next two are WSPZ/570 with an 0.4 and WFED with an 0.1.

History… WTEM was once WRC, NBC’s big station for the Capitol City. WSPZ was WGMS, an AM classical station. Its new tranmitter is way out of town for some reason and barely covers the metro at night with just 1000 watts. WFED was WTOP, a 50,000 watt powerhouse news station that dominated the market. The signal is still there, but the listeners aren’t. Back when those listeners started leaving, WTOP itself moved to WGMS’ old FM channel, where it went on to dominate the ratings again.

So the key for radio stations and networks is to re-base their mentalities and their work in the marketplace, where most receivers are now phones and tablets tuning in to digital streams on the Net, rather than to waves over the old broadcast bands. In the new digital world, native players such as Pandora have a huge advantage in not having their boat anchored to a transmitter.

More in this direction:

Bonus link: See how AM stations are doing in ratings for various cities.

 

I’m listening to WGBH on 93.7 from Boston on my kitchen radio, on the low floor of an apartment building in Manhattan, thanks to an atmospheric condition called tropospheric bending, or “tropo” for short. Here’s my section of the current map of tropo at work right now:

 

Screen Shot 2014-08-12 at 9.28.58 AMThe same map shows bigger “ducts” running from Florida to Iowa and Missouri to California. The map is by John Harder, aka @ng0e. Other maps by meteorolgist William Harper abound here.

I would have loved the same thing back when I was (like John) a “DXer” who logged about a thousand different FM stations from my house in the woods north of Chapel Hill, North Carolina, in the late ’70s. “Tropo” showed up in the mornings, and another more dramatic form of long-distance propagation called “sporadic E” would appear in the afternoon and evenings, mostly in the late spring and early summer. Here’s a map source for that one.

One entertaining thing about sporadic E was how it affected channels 2-6 television. I picked up every Channel 3 in a circle that ran from Louisiana, across the prairie states, southeastern Canada, the Maritimes, and then around to Cuba. That whole band is now abandoned in the U.S. TV stations with those channel numbers actually radiate on other ones, while still occupying their old channels virtually. Also, we have the Internet, so watching and listening to faraway stations lacks the old thrill.

Still, it’s fun to hear that faraway stuff showing up every once in awhile.

Since my old blog (still running, amazingly, on an old server somewhere within Verisign) will some day be Snow on the Water, and conversation about radio has commenced below that post, I decided to re-post March 21, 2001. Here goes…


Blast from the past

Tune in here right now to catch Larry Lujack on KNEW, the Top forty station in Spokane, Washington, in the summer of 1963. Lujack later became a legend on Chicago radio.

Such memories. I’ve been grooving back over my first visit to The West when I was a teenage radio freak with a Zenith Royal 400 transistor radio glued to my ear as my family spent the summer driving all over the country. I was a city & suburban boy from New Jersey. (Seen The Sopranos on HBO? Crank the locality back forty years and that was pretty much the environment.)

The Real Don Steele
The Real Don Steele on KHJ/930

I had never been West before, and it was a mind-blower. I remember driving through Santa Barbara, where I’ve been living now for less than a week, and looking up in amazement at the buff-colored mountains, with its layers of rock shaped like fish scales or the plates on the spine of a stegasaurus, lined in dark green chapparal.

But while I loved the geography and the geology, I couldn’t get away from the radio. The land would always be here, but the golden age of Top 40 would not. In fact, it would begin to end with the assasination of JFK only three months later, then the Beatles, then FM and everything else that made The Sixties what they were. Great Top 40 was a Fifties Phenom, even though it didn’t really end until WABC went talk in the mid-Seventies.

The Summer of ’63 was the peak.

The songs: Surf City, by Jan & Dean. More, by Kai Winding. Wipe Out, by the Surfaris. Candy Girl, by The Four Seasons. Sally Go Round the Roses, by the Jaynettes. Memphis, by Lonnie Mack. Please Mr. Postman by the Marvelettes. Just One Look, by Doris Troy. One Fine Day, by the Chiffons. What a hook that song had:

Doobie doobie doobie do wop wop…

And all the great stations! In my head I can still hear KAAY/1090 out of Little Rock, which covered the midwest like a blanket every night. KIMN/950 out of Denver, which I picked up somewhere in Kansas, and listened to all the way to Colorado Springs, never closer than a hundred miles to the station itself. The signal was weak, but the ground out there was so conductive that a signal that wouldn’t go forty miles in Massachusetts carried hundreds of miles. (Check out all the higher numbers on this map here and you get the idea… there’s nothing in the East like it.) Others: KMEN/1260 in San Bernardino. KFWB/980 and KRLA/1110 in Los Angeles. KEWB/910 out of San Francisco.

I loved hearing Dick Biondi on KRLA when we got to Los Angeles in late July. This was after Dick was famously fired by WLS/890 in Chicago, a station you could hear over half the country every night (my cousins listened to him, along with everybody’s Cousin Brucie on WABC/770 from New York, every night). Right now this stream is playing the Real Don Steele, who later became huge in Los Angeles radio on KHJ/930. (Steele died not long ago and is remembered beautifully here.)

I got to looking into all this because I still cant get Dave Dudley’s Six Days on the Road — another hit from the Summer of ’63 — out of my head.

God, I love the Web.

Back to work, accompanied by Wolfman Jack on XERB/1090 (“… studios in Los Angeles” even though the transmitter was down in Rosarita, south of Tijuana in Mexico… it still booms into Santa Barbara, where it was THE Top 40 station for decades).

All your Net are belong to us

Thanks to Ev for clueing us in on the most telling paragraph in the Microsoft Hailstorm White Paper:

Microsoft will operate the HailStorm services as a business. The HailStorm services will have real operational costs, and rather than risk compromising the user-centric model by having someone such as advertisers pay for these services, the people receiving the value – the end users – will be the primary source of revenue to Microsoft. HailStorm will help move the Internet to end-user subscriptions, where users pay for value received.

Key phrase: move the Internet.

I was finally able to get to Jacob Levy’s post at the MS-Hailstorm list at YahooGroups. In case it’s as hard for you to get in there as it was for me, here are Jacob’s summary paragraphs:

The most telling part of this is that none of the protocols are currently open. Of course they’ve sprinkled some magic fairy dust on the whole business by repeatedly saying the XML and SOAP buzzwords. I’m not going to hold my breath waiting for Microsoft to publish the protocol they’re implementing between the PassPort server and the American Express payment clearance server, for example. Doesn’t matter what its written in, XML and SOAP or ancient greek on papyrus, it’s not going to be open.

Methinks its time to move on beyond this venting and think what we’re going to do about this. As I said in the start of this thread today, we don’t need Microsoft to implement any of this.

Okay, so here’s an idea: let’s talk with IBM, which is busy declaring its love for Linux and its development community. They’re spending a $billion this year on Linux (not clear exactly how, but never mind). Why not plug into the larger surrounding community that embraces the Net as something that’s ours, and doesn’t need to be “moved” anywhere — least of all to a place where only one company can intermediate services (that can only be fee-based) between users who happen to be enabled exclusively by that company’s software?


Postscript: Larry Lujack died last year. Microsoft Hailstorm failed not long after I wrote this post. Dick Biondi, now 81, is still on the air in Chicago. Cousin Brucie still holds forth on SiriusXM’s Sixties on 6. KAAY fell in to disrepair and is barely on the air as a religious station. Every other mentioned station has gone through numerous format changes. Wolfman Jack died in ’95, though I didn’t make clear above that I was listening to him on the Spokane station’s stream.

floesI’ve been intrigued by Fotopedia  since it showed up in ’09, especially since I do a shitload of travel photography. But I never posted anything there, because I was afraid it would die. And now, says here, it will. In seven days. The reason:

As of August 10, 2014, Fotopedia.com will close and our iOS applications will cease to function. Our community of passionate photographers, curators and storytellers has made this a wonderful journey, and we’d like to thank you for your hard work and your contributions. We truly believe in the concept of storytelling but don’t think there is a suitable business in it yet.

I’m also afraid Flickr will die, and wrote about that in What if Flickr fails? back in 2011. I believe Flickr is more durable now that it was then, and I like what they’ve been doing under new leadership there. But, with more than 50,000 photos up there now, on five different accounts (four are others to which I contribute), I’ve got a lot of exposure to the inevitable, which is that Flickr will die. As will everything, of course, but stuff on the Web has an especially low threshold of death.

In the early days it didn’t look that way. Making the Web was an exercise in long-term property development then, or so it seemed. There were sites we put up, built or constructed at locations in domains, so others could visit them, and search and browse through them, as if they were libraries. Which they were in a way, since we used publishing lingo to talk about what we put there: writing, authoring, editing, postingsyndicating and so on.

But that was what we might call the Static Web, a term I picked up from my son Allen in 2003, when he shared an amazing prophesy that has since proven correct: a new Live Web was starting to branch off the static one.

I’ve written about that a number of times since then. (Here, here and here, for example.) Back then, live was what we had with blogs, and RSS. You wrote something, posted it, and a Live Web search engine, such as Technorati or PubSub would have it indexed within a few minutes. (Amazing: Google Blog Search, which displaced the others, still exists. Technorati does too, technically; but it’s a different company and its old index is gone.)

Today the Live Web is Twitter and Facebook.

Here are two important differences between the Live Web of 2003 and the Twitter/Facebook one today:

  1. Even if blogs were with services such as Radio Userland, Live Journal, Blogger or TypePad, they expressed, as Dave Winer puts it, the unedited voice of a person. With Twitter and Facebook, your voice echoes inside a big commercial castle.
  2. Blogs were journals. By that I mean they were self-archiving. Their URLs were always yourblog/year/month/day/permalink, or the equivalent. On Twitter and Facebook, they tend to sink away. Same with Tumblr, Pinterest and other services that employ the modern endless-scroll website style. The old stuff seems to sink down out of sight, with little sense that any one thing has its own location on the Web, or that the location belongs fully to the author.

That sinking-away thing is, almost literally, burial. Once it’s gone off the screen, it gets hard to find. Or it’s gone completely.

In its early days, tweeting was called “micro-blogging.” But it was really more like texting, or passing notes in class. While blogging was self-archived, with “permalinks,” every tweet — in spite of having a unique URL ‚ became hard to find, or gone, once it scrolled off the bottom of the screen. Many times I’ve tried searching for old tweets, on Twitter or Google, and found nothing. The best I could do was download an archive. (Or, excuse me, request an archive. I just did that. I’ve heard nothing so far.)

Sorry, but this is not the Web. This is something else: live performance. Kinda like radio.

Many years ago I started writing a book about radio, which had been an obsession of mine ever since I was a little kid. The title was to be Snow on the Water, a line from “Big Ted,” by The Incredible String Band:

Big Ted’s dead, he was a great old pig
He’d eat most anything, never wore a wig
Now he’s gone like snow on the water, good-bye-eeeedocdave

Radio’s goods decay at the speed of short-term memory. The best of it persists in long-term memory, but the rest is gone like snow on the water.

That, to me, is part of radio’s charm. At its best, it’s pure performance, something you have to be there for, in a mode they call “live.” Sure, you can record it, but then it’s not the same. It’s like canned fruit.

Performance is like that: a thing that happens in real time, in real place, between the performer(s) and the audience. Theater. Show biz. No second chances.

I was in radio for awhile, long ago. My nickname, Doc, is a fossil remnant of Doctor Dave, a humorous persona on WDBS in Durham, North Carolina. I also wrote for the station’s “alternative” paper, called The Guide. That graphic on the right is how I looked to readers. It was drawn by the late, great Ray Simone. I look like that in reality today, only with less hair.

Far as I know, the only remnants of Doctor Dave, on tape or in print, are buried in my garage in Santa Barbara. Some day, if I live long enough, and run out of more interesting things to, I’ll dig them up and put them online. Or maybe I’ll leave that up to other people who give more of a shit than I do. As of today, that’s nobody. After I’m dead as Ted, maybe some will show up. Who knows.

According to iTunes, I’ve also accumulated 1300 podcasts — time-shifted radio — that I also haven’t listened to. I do like podcasts, and some day will get around to doing my own on a regular basis instead of the one time I’ve done it, so far. (Find it at http://podcast.searls.com.) If I did it on radio first, it would be easier.

But what’s radio any more? Here’s what I said about it last November:

…now radio is streamed audio. That was already the case when webcasting showed up in the ’90s, and even more so with the rise of Last.fm, SiriusXM, Pandora, rdio, Spotify and every other audio service delivered over the Net.

All of these services can do what they do because they’ve cleared “performance rights” to play the music they play, and to pay the royalty rates required by copyright law. Never mind the rates for now. Instead, focus on the word performance. The Copyright Act of 1909 was the first to characterize a musical composition or recording as a performance. So, if you acquire a piece of music, you only acquire the right to perform it for yourself.

So what I’m saying is that the Web is becoming more of a live performance venue, and less of a digital library where published works are shared and stored in easily found ways.

Look at the advertising on websites today. None of it is constant in the least. Hit the refresh button and new ads will appear. Go away and come back and there will be new content, with new ads. This is nothing like the newspapers and magazines — the journals — of old. This is live performance, often just for you (at least on the advertising side).

In How Facebook Sold You Krill Oil, in today’s New York Times, we learn that you, the Facebook user, are in an “audience” for the advertising there. Enough of the performance works to make the spending worthwhile for the advertiser.

There’s an accounting of it somewhere, for business purposes. But nothing lasting, much less permanent, for the rest of us. It’s all just snow on the water.

Watching that advertising — and even most “content” — scroll to oblivion is hardly tragic.

But losing Fotopedia is tragic to this extreme: art matters. What you see and read today on Fotopedia are works of art. Some are better than others, but all qualify for the noun.

Fortunately, the Internet Archive has indexed Fotopedia. But navigating it isn’t the same. Some internal links go somewhere, but most don’t.

There are many regrets (and one persistent offer to help) in the comments under Fotopedia’s final blog post. Here’s hoping something can be done to save Fotopedia’s art the old Static Web way. And that, eight days from now, all that fine art won’t be gone like Big Ted.

 

 

 

 

esb1Aereo‘s main appeal in the first place was helping viewers get over-the-air TV. If they had restricted their business and legal cases to that, instead of this…

Record & Stream Live TV Online with Aereo Cloud DVR

Coming soon to 19 more cities!

… they might still be in business. But nothing in that pitch — the last one they made, in the final version of their website while they were operating — said they were much different than a cable company. So, not surprisingly, the Supreme Court smacked them down for being a cable wolf in cloud wool. Here’s how the Court explained the decision:

The Copyright Act of 1976 gives a copyright owner the “exclusive righ[t]” to “perform the copyrighted work publicly.” 17 U.S.C. §106(4). The Act’s Transmit Clause defines that exclusive right to include the right to “transmit or otherwise communicate a performance . . . of the [copyrighted] work . . . to the public, by means of any device or process, whether the members of the public capable of receiving the performance . . . receive it in the same place or in separate places and at the same time or at different times.” §101.

I submit that Aereo failed because they didn’t stick with what they were for in the first place. Instead they decided to ride the “cloud” buzz, which confused the offering first and the Court second.

To understand how they might have won, you need some background.

Before the ’76 law, cable was called CATV, for Community Antenna TeleVision. CATV answered the market’s need for clear signals where reception of over-the-air signals was poor or absent. But once “cable networks” (TBS, HBO, ESPN, etc.) showed up, and it was obvious that the handful of legacy broadcast networks (ABC, CBS, NBC, PBS, Univision) would be outnumbered by new cable networks, those networks (and their programming sources) wanted to be paid by these new distributors, who were charging customers for retailing their goods (legally, “performances”). The ’76 law gave them leverage to force those payments.

Over-the-air (OTA) TV was still available for anybody to receive for free using an antenna, of course. But this was a legacy grace — an exception to the rule of closed distribution through cable and satellite. But the distinction was clear. Cable and satellite were Pay TV, and OTA was Free TV. The selection of free signals was (and remains) relatively small, but not much smaller than “basic” cable.

As the number of channels available on Pay TV climbed, the percentage of people watching free TV went down. From a Consumer Electronics Association report in July 2013:

Arlington, VA – 07/30/2013 – New research released today from the Consumer Electronics Association (CEA) ® found that just seven percent of American TV households rely solely on an antenna for their television programming. The findings of the new study, U.S. Household Television Usage Update, are consistent with CEA’s 2010 research which found eight percent of TV households reported using an antenna only for television programming. According to historical CEA research, there has been a gradual decline in the percentage of TV households using antennas since 2005. The  phone survey of 1,009 U.S. adults is comparable to a 2012 Nielsen study indicating nine percent of all U.S. TV households are broadcast TV/over-the-air only, a decrease from 16 percent in 2003.

One reason for this is simply that there are more channels on cable than over the air. The other reason — the one that matters to Aereo — is that free TV reception nearly went away, thanks to the FCC’s mandated transition of OTA TV from analog to digital (DTV) transmission, which finished in June 2009.

For TV viewers, the DTV transition required new equipment to receive signals that were much harder to get. If you lived in any place shadowed from direct line-of-sight to signal sources, you were out of luck.

In the analog era, you could get signals with rabbit ears and a loop or a bowtie antenna on your TV, if you lived in an urban or suburban area. The pictures might have “snow” or “ghosts,” but you could see them. If you lived in an outlying suburb or a rural area, you would need a rooftop antenna. But DTV was much harder to get, and lots of people gave up and went to cable or just bailed from the whole thing.

It’s essential to note that the FCC’s claim that reception after the DTV transition would be “equivalent” was simply wrong. Here are the FCC’s maps of “equivalent” coverage after the transition. Text on that page says, “Signal strength calculations are based on the traditional TV reception model assuming an outdoor antenna 30 feet above ground level. Indoor reception may vary significantly.”

This is hokum. You’re not getting the signal without a good antenna, ideally placed, and even then your odds were short, because conditions need to be ideal.

The simple fact is that the DTV transition left millions of free TV viewers in the lurch — and that lurch was Aereo’s market. So here’s my point: There would have been no Aereo without the DTV transition.

Go to that last link and type in this zip code: 10040. It’s in the north end of Manhattan, where I am temporarily domiciled. You’ll get back a chart showing eleven strong signals, four moderate ones, and four weak ones. Our apartment is in that zip code, and we get nothing. Zip. Even with a directional outdoor antenna. Believe me, I’ve tried. There are a hundred blocks of buildings and terrain between us and the Empire State Building. If we want local over the air (OTA) TV, our only choice is — or was — Aereo.

By serving urban areas that got shafted by the DTV transition, Aereo is a perfect example of the marketplace at work: supply fulfilling demand. That should have been their case.

If Aereo had simply met the market’s demand for lost over-the-air signals, and supplied a DVR app for customers (rather than putting the DVR in The Cloud), they might have had a winnable case. But they didn’t argue that. Instead they stood behind the cloud and argued, in effect, for what they appeared to be: a way of circumventing copyright obligations by using over-the-air reception of signals as a loophole. Even Justice Scalia, in his dissent, said he wasn’t an Aereo fan: “I share the Court’s evident feeling that what Aereo is doing (or enabling to be done) to the Networks’ copyrighted programming ought not to be allowed.”

In his statement in response to the decision, Aereo CEO Kanojia said,

Consumer access to free-to-air broadcast television is an essential part of our country’s fabric. Using an antenna to access free-to-air broadcast television is still meaningful for more than 60 million Americans across the United States.  And when new technology enables consumers to use a smarter, easier to use antenna, consumers and the marketplace win. Free-to-air broadcast television should not be available only to those who can afford to pay for the cable or satellite bundle.

He’s kidding himself. OTA reception may be “meaningful” for 60 million Americans, but most of those people don’t care any more. And neither do today’s TV content production and distribution systems, which include far more than Hollywood and the broadcast/cable/satellite TV industries. They include you and me.

Still, some number of millions of people do care, and can’t get the free OTA signals they used to get in the analog age. That was Aereo’s market, and now that market is back in the lurch, probably permanently.

I believe the Court’s decision did two things:

  1. Positioned over-the-air transmission as little other than a checkbox requirement for stations to maintain “must carry” status with cable systems. Since these signals are expensive to maintain, it’s a matter of time before they go down with the setting sun. This will require regulatory easing (for example, by maintaining “must carry” in the absence of an actual signal, which is already partially the case anyway, since the signals have been lost to a great many people). Watch for that to happen in the next few years.
  2. Finished positioning cable as simply a paid distribution system for licensed content. The legal and historical connections to Community Antenna TV are now completely severed. To TV’s sources and distributors, Pay TV is the Only TV.

If you go to Aereo’s website now, you see a letter from Chet Kanojia. Here’s the money graf:

The spectrum that the broadcasters use to transmit over the air programming belongs to the American public and we believe you should have a right to access that live programming whether your antenna sits on the roof of your home, on top of your television or in the cloud.

The legal case I outlined above would also have been stronger if Aereo had stuck with its original business case: charging viewers for access to their own antenna — not in “the cloud,” but in the physical world, looking directly at the signal source.

If Aereo had then provided apps on the receiving side (for tuning and recording), they would have been in a much better position, at least conceptually.

The Supreme Court understands demand and supply. If Aereo had said, “We’re only serving over-the-air TV viewers who lost their signals in the DTV transition,” the decision would have been framed as one between standing law and market demand. The Court might still have decided in favor of the law, but it would have been clear to them that market demand was in play. But Aereo clouded their case, literally. So the Supremes fell back on what they understood, which was the ’76 law.

Did “the cloud” take collateral damage? Could be. We’ll see.

Bonus link, with prophesy: TV 3.0.

black holeMost of what we call news is filler. The practice of filling space and time — stuffing “content” into a “news hole” — is a relic of an era when printing and broadcast space and time were limited, privately held, and paid for mostly by advertising, which requires ears and eyeballs showing up predictably and in fixed places.

The Internet obsoleted all of it, including the frame of news as filler.

There is no hole.

The river is a good metaphor for what news is, and should be. Sometimes it’s a trickle, sometimes a flood. But it always flows.

With news rivers, destinations are personal. So are many sources. Individual people are the first and best discoverers and producers of it. And also its only consumers.

They can also be customers. But no news publisher has come up with an optimal way to charge for news that works across all of them. The best they’ve come up with is their own private silos, each with paywalls and counters on them. And those all suck.

There is no centralized service that has done news right yet, and I don’t expect there to be. News is naturally distributed in both supply and demand. Some routes between the two are better than others. But they are all limited by the hole-filling frame in which they still operate.

Of all the publishing concepts we have, including publishing itself (around since Gutenberg), the one with the best leverage for the Internet is syndication. This is why RSS works so well.

Let’s build from there.

(Note: The first draft of this post appears as a comment under Dave Winer‘s Middle-of-the-night’s thoughts on news, with which I agree. Dave invented syndication and rivers as we know both today. His fingerprints are also on blogging, outlining and much else.)

More: Dave’s hackathon idea.

Bonus link, from Jay Rosen. Another from Jeff Jarvis.

Back in the mid-’00s, a group of us in Santa Barbara got some balls rolling toward fiber-ing up the City and/or the County (by the same name), since it was clear that Cox Communications, our monopoly high-speed Internet provider, cared less about our city than the rest of the ones it served. And, when we met with Cox, that’s pretty much what they told us as well: that Santa Barbara was relatively small and far away from the company’s Atlanta headquarters. Our main upside, they said, was that whatever we ended up getting would be already proven elsewhere.

Since then I’ve had a few problems with Cox, but in the last year service has actually been pretty good, as cable Internet goes. I’ve measured as high as 80Mbps down and 18Mbps up. We had a gathering of techies at our house in January, all doing heavy data lifting with their laptops and smart mobiles, without a hitch. And, when I’m elsewhere, I get to watch our Dish Network TV rig over a Slingbox and DishAnywhere, in HD. That means Cox is giving me adequate upstream as well as downstream data traffic capacity. Not bad. (Here is the current set of data plans for Santa Barbara. Not sure which one we have. Note that all have data caps. Far as I know we’ve never hit any.)

But, as they say in bad late night ads, that’s not all. Now comes news that Cox is planning gigabit fiber to homes as well as businesses. In other words, to do for its footprint what Google is doing for Kansas City, Provo and Austin.

So here is an appeal to Cox, on behalf of Santa Barbara: front-burner us this time.

Thanks.

Inmoz her blog post explaining the Brendan Eich resignation, Mitchell Baker, Chair of the Mozilla Foundation, writes, “We know why people are hurt and angry, and they are right: it’s because we haven’t stayed true to ourselves.” In Mozilla is HumanMark Surman, Executive Director of the Foundation, adds, “What we also need to do is start a process of rebirth and renewal. We need to find our soul and our spirit.”

That spirit is embodied in the Mozilla Manifesto. But it goes deeper than that: all the way back to Mosaic, the ur-browser from which Firefox is descended by way of Netscape Navigator.

Neither Mosaic nor Navigator were instruments of the advertising business. They were boards we rode to surf from site to site across oceans of data, and cars we drove down the information superhighway.

But now all major browsers, Firefox included, have become shopping carts that get re-skinned at every commercial site they visit, and infected at many of those sites by cookies and other tracking files that report our activities back to advertising mills, all the better to “personalize” our “experience” of advertising and other “content.”

Economically speaking, Firefox is an instrument of advertising, and not just a vehicle for users. Because, at least indirectly, advertising is Firefox’s business model. Chrome’s too. (Apple and Microsoft have much smaller stakes in advertising, and offer browsers mostly for other reasons.)

This has caused huge conflicts for Mozilla. On the one hand they come from the users’ side. On the other, they need to stay in business — and the only one around appears to be advertising. And the market there is beyond huge.

But so is abuse of users by the advertising industry. This is made plain by the popularity of Adblock Plus (Firefox and Chrome’s #1 add-on by a huge margin) and other instruments of prophylaxis against both advertising and tracking (e.g. Abine, Disconnect, Ghostery and Privowny, to name a few).

To align with this clear expression of market demand, Mozilla made moves in February 2013 to block third party cookies (which Apple’s Safari, which doesn’t depend on advertising, does by default). The IAB (Interactive Advertising Bureau) split a gut, and began playing hardball. Some links:

That last item — an extensive bill of particulars — featured this sidebar:

The link goes to An Open Letter to the Mozilla Corporation.

So Mozilla looked for common ground, and they found it on the advertising side, with personalization. Near as I can tell, this  began in May 2013 (I’m told since I wrote this that work began earlier), with Jay Sullivan‘s Personalization With Respect post. In July, Justin Scott, then a Product Manager at Mozilla Labs, vetted A User Personalization Proposal for Firefox. The post was full of language straight out of the ad industry songbook: “favorite brands,” “personalized experience,” “increased engagement,” “stronger loyalty.” Blowback in the comments was fierce:

JS:

I don’t care what publishers want, or that they really like this new scheme to increase their marketing revenue. Don’t add more tracking.

I’m beginning to realize that Mozilla is working to make Firefox as attractive to publishers as possible, while forgetting that those eyeballs looking at their ads could be attached to people who don’t want to be targeted. Stop it. Remember your roots as a “we’ll take Mozilla’s code, and make a great thing with it”, and not as “Google pays us to be on the default toolbar”.

Dragonic Overlord:

Absolutely terrible idea.

The last thing the internet needs is more “personalization” (read: “invasion of my privacy”). All your marketing jargon does nothing to hide the fact that this is just another tool to allow advertisers, website owners, the NSA, and others to track users online habits and, despite any good intentions you might have, it’s rife with the potential for abuse.

Tracy Licklider:

Bad idea. I do not want it. I think you misstate the benefits of the Internet. One of the most salient benefits of the Internet is for web sites, advertisers, and ISPs who are able to build dossiers about individuals’ private lives/data, generally without most users being aware of the possibility and generally without the users’ consent.

One of the main reasons Firefox has succeeded is that it, unlike all the other browsers, was dedicated to users unfettered, secure, and as private as possible use of the Internet.

User:

If this “feature” becomes part of FireFox you’ll loose many users, if we wanted Chrome like browser we wouldn’t have chosen FireFox. We chose FireFox because it was DIFFERENT FROM Chrome but lately all I see is changes that make it similar and now you want to put spyware inside? Thanks but no thanks.

A follow-up post in July, by Harvey Anderson, Senior VP Business and Legal Affairs at Mozilla, was titled Up With People, and laid on even more of the same jive, this time without comments. In December Justin posted User Personalization Update, again with no comments.

Then in February, Darren Herman, Mozilla’s VP Content Services, posted Publisher Transformation With Users at the Center, introducing two new programs.  One was User Personalization. (Darren’s link goes Justin’s July piece.) The other was something called “directory tiles” that will appear on Firefox’s start page. He wasn’t explicit about selling ads in the tiles, but the implication was clear, both from blowback in the comments and from coverage in other media.

Said Reuters, “Mozilla, the company behind the Firefox Internet browser, will start selling ads as it tries to grab a larger slice of the fast-expanding online advertising market.”

Romain Dillet in TechCrunch wrote, “For the last couple of years, Mozilla and the advertising industry have been at odds. The foundation created the do-not-track feature to prevent targeted advertising. When users opt in, the browser won’t accept third party cookies anymore, making it much harder to display targeted ads around the web. Last year, Mozilla even chose to automatically block third-party cookies from websites that you hadn’t visited. Now, Mozilla wants to play ball with advertisers.”

The faithful didn’t like it. In Daring Fireball, John Gruber wrote, “What a pile of obtuse horseshit. If you want to sell ads, sell ads. Own it. Don’t try to coat it with a layer of frosting and tell me it’s a fucking cupcake.”

Then Mitchell issued a corrective blog post, titled Content, Ads, Caution. Here’s an excerpt:

When we have ideas about how content might be useful to people, we look at whether there is a revenue possibility, and if that would annoy people or bring something potentially useful.  Ads in search turn out to be useful.  The gist  of the Tiles idea is that we would include something like 9 Tiles on a page, and that 2 or 3 of them would be sponsored — aka “ads.”  So to explicitly address the question of whether sponsored tiles (aka “ads”) could be included as part of a content offering, the answer is yes.

These sponsored results/ ads would not have tracking features.

Why would we include any sponsored results?  If the Tiles are useful to people then we’ll generate value.  That generates revenue that supports the Mozilla project.   So to explicitly address the question of whether we care about generating revenue and sustaining Mozilla’s work, the answer is yes.  In fact, many of us feel responsible to do exactly this.

Clearly Mozilla wants to continue down the advertising path, which many of its most passionate users don’t like. This position makes sense, given Mozilla.com‘s need to make money — somehow — and stay alive.

By becoming an advertising company (in addition to everything else it is), Mozilla now experiences a problem that has plagued ad-supported media for the duration: its customers and consumers are different populations. I saw it in when I worked in commercial broadcasting, and I see it today in the online world with Google, Facebook, Twitter… and Mozilla. The customers (or at least the main ones) are either advertisers or proxies for them (Google in Mozilla’s case). The consumers are you and me.

The difference with Mozilla is that it didn’t start out as an advertising company. So becoming one involves a change of nature — a kind of Breaking Bad.

It hurts knowing that Mozilla is the only browser-maker that comes from our side, and wants to stay here, and treat us right. Apple clearly cares about customers (witness the success of their stores, and customer service that beats all the competition’s), but its browser, Safari, is essentially a checkbox item. Same goes for Microsoft, with Explorer. Both are theirs, not ours. Opera means well, but it’s deep in fifth place, with a low single-digit market share. Google’s Chrome is a good browser, but also built to support Google’s advertising-based business model. But only Mozilla has been with us from the start. And now here they are, trying their best not to talk like they’ve been body-snatched by the IAB.

And it’s worse than just that.

In addition to the Brendan Eich mess, Mozilla is coping with losing three of its six board members (who left before Brendan resigned). Firefox’s market share is also declining: from 20.63% in May 2013 to 17.68% in February 2014, according to NetMarketShare.com. (Other numbers here.)

Is it just a coincidence that May 2013 is also when Jay Sullivan made that first post, essentially announcing Mozilla’s new direction, toward helping the online advertising industry? Possibly. But that’s not what matters.

What matters is that Mozilla needs to come back  home: to Earth, where people live, and where the market is a helluva lot bigger than just advertising. I see several exciting paths for getting back. Here goes.

1) Offer a choice of browsers.

Keep Firefox free and evolving around an advertising-driven model.

And introduce a new one, built on the same open source code base, but fully private, meaning that it’s the person’s own, to be configured any way they please — including many new ways not even thinkable for a browser built to work for advertisers. Let’s call this new browser PrivateFox. (Amazingly, PrivateFox.org was an available domain name until I bought it last night. I’ll be glad to donate it to Mozilla.)

Information wants to be free, but value wants to be paid for. Since PrivateFox would have serious value for individuals, it would have a price tag. Paying for PrivateFox would make individuals actual customers rather than just “users,” “consumers,” “targets” and an “audience.” Mozilla could either make the payment voluntary, as with public radio and shareware, or it could make the browser a subscription purchase. That issue matters far less than the vast new market opportunities that open when the customer is truly in charge: something we haven’t experienced in the nineteen years that have passed since the first commercial websites went up.

PrivateFox would have privacy by design from the start: not just in the sense of protecting people from unwelcome surveillance; but in the same way we are private when we walk about the marketplace in the physical world. We would have the digital equivalent of clothing to hide the private parts of our virtual bodies. We would also be anonymous by default — yet equipped with wallets, purses, and other instruments for engagement with the sellers of the world.

With PrivateFox, we will be able to engage all friendly sites and sellers in ways that we choose, and on terms of our choosing as well. (Some of those terms might actually be more friendly than those one-sided non-agreements we submit to all the time without reading. For more on what can be done on the legal front, read this.)

(Yes, I know that Netscape failed at trying to charge for its browser way back in the early days. But  times were different. What was a mistake back then could be a smart move today.)

2) Crowdsource direct funding from individuals.

That’s a tall order — several hundred million dollars’ worth — but hey, maybe it can be done. I’d love to see an IndieGoGo (or equivalent) campaign for “PrivateFox: The World’s First Fully Private Browser. Goal: $300 million.”

3) Build intentcasting into Firefox as it stands.

Scott Adams (of Dilbert fame) calls it “broadcast shopping”. He explains:

Shopping is broken. In the fifties, if you wanted to buy a toaster, you only had a few practical choices. Maybe you went to the nearest department store and selected from the three models available. Or maybe you found your toaster in the Sears catalog. In a way, you were the hunter, and the toaster was the prey. You knew approximately where it was located, and you tracked it down and bagged it. Toasters couldn’t hide from you.

Now you shop on the Internet, and you can buy from anywhere on the planet. The options for any particular purchase approach infinity, or so it seems. Google is nearly worthless when shopping for items that don’t involve technology. It is as if the Internet has become a dense forest where your desired purchases can easily hide.

Advertising is broken too, because there are too many products battling for too little consumer attention. So ads can’t hope to close the can’t-find-what-I-want gap.

The standard shopping model needs to be reversed. Instead of the shopper acting as hunter, and the product hiding as prey, you should be able to describe in your own words what sort of thing you are looking for, and the vendors should use those footprints to hunt you down and make their pitch.

There are many ways of doing this. More than a dozen appear under “Intentcasting” in this list of VRM developers. Some are under wraps, but have huge potential.

Intentcasting sets a population comprised of 100% qualified leads loose in the marketplace, all qualifying their lead-ness on their own terms. This will be hugely disruptive to the all-guesswork business that cherishes a 1% click-through rate in “impressions” that mostly aren’t — and ignores the huge negative externalities generated by a 99+% failure rate. It will also generate huge revenues, directly.

This would be a positive, wealth-creating move that should make everybody (other than advertising mill-keepers) happy. Even advertisers.  Trust me: I know. I co-founded and served as Creative Director for Hodskins Simone & Searls, one of Silicon Valley’s top ad agencies for the better part of two decades. Consider this fact: No company that advertises defines themselves as “an advertiser.” They have other businesses. Advertising might be valuable to them, but it’s still just a line item on the expense side of the balance sheet. They can cut or kill it any time they want.

“Buy on the sound of cannons, sell on the sound of trumpets,” Lord Nathan Rothschild said. For the last few years advertising has been one giant horn section, blasting away. If online advertising isn’t a bubble (which I believe it is), it at least qualifies as a mania. And it is the nature of manias to pass.

Business-wise, investing in an advertising strategy isn’t a bad bet for Mozilla right now. But the downsides are real and painful. Mozilla can reduce that pain by two ways:

  1. Join Don Marti, Bob Hoffman (the Ad Contrarian) and others (myself included) who are working to separate chaff from wheat within the advertising business — notably between the kind of advertising that’s surveillance-based and the kind that isn’t. Obviously Mozilla will be working on the latter. Think about what you would do to fix online advertising. Mozilla, I am sure, is thinking the same way.
  2. Place bets on the demand side of the marketplace, and not just — like everybody else — on the supply side.

Here on Earth we have a landing site for Mozilla, where the above and many other ideas can be vetted and hashed out with the core constituency: IIW, the Internet Identity Workshop. It’s an inexpensive three-day unconference that runs twice every year in the heart of Silicon Valley, at the Computer History Museum: an amazing venue.

Phil Windley, Kaliya Hamlin and I have been putting on IIW since 2005. We’ve done seventeen so far, and it’s impossible to calculate how far sessions there have moved forward the topics that come up, all vetted and led by participants.

Here’s one topic I promise to raise on Day One: How can we help Mozilla? Lots of Mozilla folk have been at IIWs in the past. This time participating will have more leverage than ever.

I want to see lots of lizards and lizard-helpers there.

[Later...] Darren has put up this insightful and kind post about #VRM and The Intention Economy (along with @garyvee‘s The Thank You Economy). I’ve also learned that lizards will indeed be coming to both VRM Day and IIW. Jazzed about that.

 

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