* TiVo received compensation in the amount of approximately $105 million in initial litigation damages from EchoStar
* Net Income for the third quarter was $100.6 million compared to a loss of ($8.3) million in the year-ago quarter. Excluding the EchoStar damages award net loss would have been ($0.9) million.
* Adjusted EBITDA for the third quarter was $95.3 million, compared to $0.2 million in the year-ago quarter. Excluding the EchoStar damages award Adjusted EBITDA would have been $7.5 million.
* TiVo partners with Netflix to stream its library of over 12,000 videos directly to the TV
* Comcast announces roll out of TiVo service to additional markets
* TiVo extends distribution agreement with DIRECTV; TiVo is now partnered with three of the top five television distributors in the U.S.
* Partnership with Nero brings TiVo to the PC viewing experience

There are some other items that can be gleaned from TiVo’s statement. Back in September when TiVo announced their renewed DirecTV relationship it wasn’t clear just what form that relationship would take, but at the time I said:

The phrasing “a version of the TiVo service for DIRECTV’s broadband-enabled HD DVR platform” makes me think that it will be similar to the platform developed for Comcast and Cox, software that can be loaded on the existing units. Since DirecTV doesn’t have an OCAP/tru2way-style platform, it would probably be a new software load which would replace the default system software.

And phrasing in today’s announcement makes me think so even more:

We also recently signed a new agreement with DIRECTV with which we’ve had a very successful history. With the new deal, DIRECTV will begin marketing a version of the TiVo service that is built on DIRECTV’s broadband-enabled HD DVR platform. This exciting new product will allow DIRECTV customers to select a TiVo DVR for use with all of DIRECTV’s high definition programming.

If they can deliver a software load to turn existing DirecTV HD DVR Plus models into TiVo boxes I think that’d be a big advantage. It would probably win back a lot of the former DirecTiVo user who gave in and got DirecTV’s DVRs to access HD content.

See the press release and trend sheet for all the gory details.

TiVo Inc. (Nasdaq: TIVO) announced today that it will release financial results for the third quarter ended October 31, 2008 after the market closes on Tuesday, November 25, 2008.

TiVo will host a conference call and webcast to discuss its third quarter financial and operating results and guidance outlook for the fourth quarter at 2:00 pm P.T. (5:00 pm E.T.) on the same day. To listen to the discussion, please visit http://www.tivo.com/ir and click on the link provided for the webcast. The webcast will be archived and available through December 2, 2008.

- Adjusted EBITDA for the second quarter was $10.6 million compared to a loss of $(11.2) million in the year-ago quarter, exceeding guidance
- Net Income for the second quarter was $2.9 million compared to a loss of $(17.7) million in the year-ago quarter
- TiVo service on Comcast now available in Connecticut; Comcast will also continue to fund development work for the TiVo product to expand the feature set and add support for the Tru2way infrastructure
- TiVo and Entertainment Weekly join forces to connect TV viewers with their favorite shows on an automatic basis
- TiVo successfully launched in Australia by Seven Networks
- YouTube videos now available on the TiVo service; TiVo now provides access to more television and broadband content choices than any other offering in the world
- TiVo’s recent research deal with media marketing research firm TRA ties anonymous viewing behavior to product purchases in millions of homes; Significantly changing the quality of information available to marketers

TiVo is continuing to bleed subscribers, which was expected. With DirecTV continuing to push their in-house HR20/21 DVRs are upgrades for DirecTiVo users, even with additions from Comcast, Cox, and Cablevision Mexico, TiVo lost 136,000 net MSO/Broadcaster subscribers. And while TiVo added 36,000 gross TiVo-owned subscribers, they lost 78,000 gross TiVo-owned subs, for a net loss of 42,000 TiVo-owned subscribers. This is mainly due to legacy subscribers upgrading to HDTV and opting for cable or satellite DVRs. This leaves TiVo with 1.686 million TiVo-owned subscriptions and 3.623 total cumulative subscriptions.

This may sound bad, but it is also partly because TiVo has made massive cuts in their marketing efforts to focus on profitability instead of subscriber growth. For the quarter just ended their subscriber acquisition cost was only $135, a massive decrease from the $758 of a year ago, and only a slight up-tick from the $118 of last quarter. Instead of lots of marketing, subsidies, and rebates, which drive up SAC, TiVo is focusing on working with retailers and other vendors to bundle TiVo with HDTV purchases to capture those upgraders before they pick up another DVR. They’re also focusing on their partnerships with Cablevision Mexico, Comcast, Cox, and Seven Network in Australia.

And in that area things are looking good. The TiVo launch in Australia with Seven Network has been going well and TiVo is happy with it, though actual figures have not been released. And Comcast is finally ready to start a major marketing push and to announce more territories:

In regards to our mass distribution strategy, a top Comcast executive offered the following comments on the progress the TiVo on Comcast service has made to date: “We are pleased with the progress of the TiVo service and have broadened its footprint in our New England market to Connecticut. Refinements to optimize the product’s performance have been mostly completed, significantly improving the user experience. Importantly, we intend to light up a full marketing campaign around TiVo in September and, upon this occurring, we will be announcing multiple additional markets to which TiVo will be rolled out through next year. We will also continue to fund development work for the TiVo product, which will include expanding the feature set and adding support for Tru2way infrastructure.”

Rogers stated, “Additionally, the TiVo service on Cox, which is currently in trials, is on track for a launch in Cox’s New England market later this year.”

“On the international front, Seven and TiVo successfully launched the TiVo service in Australia and because of the significant consumer demand there, retailers chose to release the product early. We are also extremely pleased with the marketing shoulder Seven is putting behind this launch as they’ve prominently featured TiVo in their marketing and programming including the Olympic opening ceremonies, their top rated morning show, and a special advertising spot they developed, which includes dozens of Australian celebrities. International distribution is an increasingly important component of our business model and there continues to be tremendous interest from international distributors for the TiVo offering.”

During the Q&A session when asked if Comcast had gotten to the point where they don’t require a truck roll for the TiVo software install, Rogers answered that that issue was a dependency on non-TiVo software and that Comcast was close to deploying the solution. It sounded like that was the gating factor for Comcast to launch the marketing effort, and that also helps explain Comcast’s satisfaction despite the delays, it doesn’t sound like it was TiVo’s problem.

During the Q&A session at the end of the call, Rogers once again mentioned a tru2way TiVo box, what the user community has started calling a ‘Series4′. He didn’t offer any specifics (unsurprisingly), but his feeling is that it will take more time for the industry to establish a national tru2way playing field to make it viable to release such a product. Personally I think that they may show something, prototype perhaps, at CES in January with the release for later in 2009 as most of the cable MSOs have pledged to have tru2way in place by July, 2009. Just my speculation.

You can get more information from TiVo’s release and key metrics.

ALVISO, Calif., Aug 13, 2008 /PRNewswire-FirstCall via COMTEX News Network/ — TiVo Inc. (Nasdaq: TIVO) announced today that it will release financial results for the second quarter ended July 31, 2008 after the market closes on Wednesday, August 27, 2008.

TiVo will host a conference call and webcast to discuss its second quarter financial and operating results and guidance outlook for the third quarter at 2:00 pm P.T. (5:00 pm E.T.) on the same day. To listen to the discussion, please visit http://www.tivo.com/ir and click on the link provided for the webcast. The webcast will be archived and available through September 4, 2008.

I plan to listen in as usual.

I did miss a couple of minutes in the middle of their presentation when my cell phone dropped the call. I quickly switched to Skype for the rest of the call, lesson learned – use Skype for this kind of thing in the future. I don’t think I missed much though, when I got back in they were still covering the history and I’ve been following that since early days. I’ll listen to the recording to make sure I didn’t miss anything important. (Nope.)

One interesting thing, the NCTA repeatedly praised or mentioned TiVo when talking about CE companies that have worked with the cable industry to work out issues with CableCARDs and to develop the Tuning Resolver.

From my point of view there really wasn’t any new ground covered, but then I’ve been following OpenCable, OCAP, tru2way, etc, pretty closely for a long time. So I’d be a little surprised if they did cover something I’d missed. But it was a good overview of the situation and their arguments do make sense. They pointed out that there are only roughly 380,000 consumer electronic devices using CableCARD – that’s TVs, TiVos, PCs, etc. And the cable industry overall has over 65 million video customers in the US. So the total percentage if people using UDCPs who will have issues with SDV is pretty small. And all of those using CableCARD TiVos will be able to use the Tuning Resolver, and likely all of those with a PC using CableCARD. The big question will be those using CableCARD-enabled TVs – many of them do not have USB ports, which means no Tuning Resolver. Those units that do have USB ports will require a firmware update, so it comes down to vendor support.

Gary Merson of HD Guru asked why cable companies don’t remove the analog channels to free bandwidth for digital channels instead of using SDV. This would inconvenience those using analog cable without a STB, for example connecting it directly to an old TV. Well, I think those numbers really help explain it. While Gary made the argument that CableCARD customers are likely to be premium customers paying for higher service tiers, there are a lot fewer of them than there are subscribers using analog cable. Cutting off analog channels would inconvenience many more users than implementing SDV does. On top of that, cable MSOs would have to provide STBs to all of their customers, which would be an enormous expense. And basic cable customers don’t like STBs any more than premium customers do.

Also, under an agreement with Congress and the FCC, it is an all-or-nothing proposition. Cable MSOs are required to continue offering an analog basic tier, unless they eliminate all analog channels. Going 100% digital is an exception to the requirement. But that would be a radical change to many MSOs, and again a great cost.

There are other business reasons not to take that approach. With the digital conversion coming to broadcast TV in February 2009, providing analog service is a business opportunity for cable. Antenna users are faced with adding a converter box or other device (such as a TiVo) with a digital tuner, buying a new TV with a digital tuner, or switching to a new service – analog cable. Analog cable would allow them to connect directly to their existing TV without adding another device.

Gary also asked for some assurance that consumers who invest in new tru2way TVs and devices will not be faced with another upgrade in 3-4 years, as those who invested in UDCP CableCARD devices are facing. I think the NCTA’s response was reasonable. Cable MSOs are deploying tru2way-enabled STBs now, with Time Warner in the lead and Comcast currently in second place. Over the next couple of years this will be an investment in millions of STBs and hundreds of millions of dollars. So the cable MSOs are not going to be eager to make that investment obsolete. But they really can’t state “Tru2way will not be replaced in the next five years” or anything like that. Predicting the future in a technical field is risky business. And despite what some might think, the cable industry isn’t one large conspiracy and each MSO is free to adopt different technology and services, within the regulatory framework.

However, I guarantee that tru2way will be replaced, someday. Probably not in the next 5 years, maybe not even 10, but it will happen. That’s just how technology works. Something bigger, better, faster will come along and the industry will shift. The cable industry tried to bypass CableCARD by going straight to DCAS, but when they lost that fight they were forced to invest hundreds of millions, perhaps billions, in CableCARD infrastructure. That will discourage any immediate push for DCAS, as they’ll want to recoup their investment. But DCAS, or something like it, seems to be the next logical step down the road. And when that happens it is likely there will be some new features that are not accessible to CableCard/tru2way devices. However, as more devices are upgradeable in software and firmware it is hard to say. Perhaps there will be a generic DCAS module that could plug into a CableCARD slot and add DCAS support to those devices. I wouldn’t rule it out, especially as the cable industry would probably like that to keep their CableCARD STBs compatible. But I wouldn’t worry about any of this in the near term.

They did say that the Tuning Resolver is a high priority for the cable industry and that development is still on track for summer availability. As I reported recently, it looks like early July will be the earliest possible availability date.

Ben Drawbaugh of Engadget shared his horror story of having his cable MSO try to talk him out of using CableCARD and the installers not knowing how to handle the install, and I have to second that. While Charter didn’t try to talk me out of using CableCARD, and the installers who have come to my home has been polite and courteous, they clearly didn’t have enough training and experience installing CableCARD. When I had my first install, as a TiVo Series3 reviewer, I could understand it as I was the first person in the territory to have CableCARDs installed in a TiVo and there weren’t even many CableCARD TVs installed. But over a year later the experience wasn’t much different. And when I’ve had trouble and needed support, the support techs are also woefully confused by CableCARD. As of the last time I called the automated system still didn’t have an option for CableCARD in the menus. Fortunately I’m fairly educated on the technology and determined (aka stubborn), and I was able to make a contact in my local office who has been willing to handle my issues without my dealing with the standard support system. The cable MSOs really need to do a better job on the customer service and support front with CableCARD.

I think Ben was a little confused on DCR+. My understanding of the DCR+ CE proposal pretty much agrees with how the NCTA sees it. It would be today’s DCR with the addition of limited two-way support for specific services such as SDV, PPV, and VOD. But it would not be an open platform for expansion and future services as OCAP is. Of course, specs can evolve so other features could be added to DCR+. However, at this point I personally think DCR+ is DOA. Consumer electronics vendors such as Panasonic and TiVo are already breaking ranks and developing OCAP/tru2way support, and virtually the entire cable industry is investing in OCAP/tru2way. DCR+ just doesn’t have the support to make it.

The call was recorded, and if you really want to know about the history and current situation I encourage you to listen to it, especially if you’re a blogger who covers this arena. It will be available after 15:00 EST today through May 25th (I guess they keep them for a month). Call 1-800-475-6701 and enter access code 920821.

A lot of bloggers were on the call, I know HD Guru, Engadget, Zatz Not Funny (which has already posted about the call), Multichannel News, and others were all on there, so keep watching for their posts.