Bright House Networks customer Samuel Biller has been receiving letters from Bright House Networks about their deployment of Switched Digital Video (SDV) which are worded such that it sounds like if he doesn’t switch to a Bright House provided digital set-top box he’ll loose a number of his channels. The first letter is dated May 11, 2011. An excerpt:

In order to launch even more new video services, we are migrating some existing services to the SDV system which is a bi-directional platform. Unfortunately, your unidirectional retail device does not support bi-directional programming delivered over the SDV system.

Please be advised, therefore, beginning on or after June 14, 2011, Bright House Networks will deliver the following packages on the SDV system and this programming will not be available on unidirectional retail devices until further notice:

[MZ: Underlining theirs. List of 24 channels omitted here.]

If you wish to receive the above services, you may contact Bright House Networks to obtain a digital set-top box or similar bi-directional device that is capable of supporting two-way communications with the SDV system.

You may continue to use your unidirectional retail device with your Bright House Networks provided CableCARD to receive video programming other than the programming delivered on the SDV system. Bright House Networks will notify you in advance of any other programming changes.

He received a second letter dated September 6, 2011 with nearly identical content:

In order to launch even more new video services, we are migrating some existing services to the SDV system which is a bi-directional platform. Unfortunately, your unidirectional retail device does not support bi-directional programming delivered over the SDV system.

Please be advised, therefore, on or after September 12, 2011, Bright House Networks will deliver the following package on the SDV system and this programming will no longer be available on unidirectional retail devices until further notice:

[MZ: Underlining theirs. List of 24 channels omitted here.]

If you wish to continue receiving the above services, you may contact Bright House Networks to obtain a digital set-top box or similar bi-directional device that is capable of supporting two-way communications with the SDV system. If you already have a digital set-top box on another television in your home, the services will remain on the channels listed above on those sets.

You may continue to use your unidirectional retail device with your Bright House Networks provided CableCARD to receive video programming other than the programming delivered on the SDV system. Bright House Networks will notify you in advance of any other programming changes.

It sure sounds like he’s going to lose a slew of channels if he doesn’t hurry up and switch to a Bright House Networks digital STB, right? That’s how Sam read the letter, and how I would as well. That is, if we weren’t savvy to the facts. Sam has a TiVo Series3 and a TiVo HD, both with CableCARD. And the letters would be accurate in as far as a TiVo with a CableCARD cannot handle SDV. Unless it has a Tuning Adapter connected – and both of Sam’s TiVo’s do. He’s already handling SDV on this TiVos, no problem. Sam is knowledgeable about TiVo, CableCARD, SDV, and Tuning Adapters, so instead of being scared into dropping TiVo rather than lose his channels, he’s filed a complaint with the FCC about the letters being a scare tactic.

The letters don’t say a word about tuning adapters being available for CableCARD devices that support them, such as TiVo. Or that tuning adapters are available from Bright House Networks for customers to use with their devices. Maybe if you’re very generous in the reading of “similar bi-directional device”, but that’s a stretch. Other cable MSOs have sent out similar letters and clearly stated that tuning adapters are an option for users of some devices, generally explicitly naming TiVo as an example. Bright House could’ve easily done the same.

How many average consumers received these letters and thought they were faced with the choice between losing their channels or giving up TiVo, or another device that can use a TA?

But wait, Sam has CableCARDs and Tuning Adapters from Bright House. They know this, so why send him the letters at all? Or why not note that his devices using the TAs will handle the switch transparently? They have a reason, but not a very good one; they claim their computer systems aren’t sophisticated enough to distinguish between customers with CableCARDs and TAs, and customers with only CableCARDs. OK, having seen my fair share of poorly designed corporate databases in my day I’ll give them the benefit of the doubt on that. But if they know they have this issue then why not simply add the information to the letter to avoid unnecessary Fear, Uncertainty, and Doubt? Or is that the point, to use FUD to get people to switch STBs?

I know, never ascribe to malice that which is adequately explained by incompetence. But sometimes you have to wonder.

I’ve included the letters and his filing as images for your ease of viewing, click for larger versions:

Via InvestorVillage.