But in looking at this page I noticed something else. TiVo has a general page linking to all of their MSO offerings. Now, we know all about RCN, Suddenlink, Grande Communications, and Charter. But there are two other MSO’s listed on the page which I’d previously managed to overlook: Comporium and Northland Communications.

I have to say, finding TiVo on Comporium’s website wasn’t easy, but it is there. They’re a small MSO with service areas in North & South Carolina. It looks like they put out a press release way back on 2/2/11 announcing the TiVo Premiere. They lease each TiVo Premiere for $16.95/month, which is $10 more than their standard HD DVR for the first box, but only $4 more for each additional box. That doesn’t seem like too bad a deal.

Finding TiVo on the Northland site is much easier. They’re another small MSO, but much more spread out according to their “Who We Are” page:

Northland Communications currently owns and operates smaller-market cable systems in Alabama, California, Georgia, Idaho, North Carolina, South Carolina, Texas and Washington. Northland is headquartered in Seattle, Washington and has a divisional office in Statesboro, Georgia.

It looks like Northland is referring customers directly to TiVo for purchases, but they’re also offering leases on TiVo Premiere units for $13.95/month in ‘select sites’.

Comporium is one of the small MSOs serviced via TiVo’s partnership with Evolution Digital, as much as stated in the press release. I’m not positive about Northland, but I expect the same is true there given their size. If you know of other small MSOs offering TiVo to their customers please let us know in a comment. I’m sure these deals can’t be adding many subscribers to TiVo’s totals, but every little bit is a positive. And I think small MSOs offering TiVo is a good thing for the customers too.

AT&T has settled with TiVo, offering payments that will total at least $215 million, and potentially much more, in exchange for a mutual patent licensing deal. TiVo will receive $51 million up front, followed by recurring quarterly payments guaranteed through June 2018, for a total minimum payment of $215 million. In addition to these minimum payments, AT&T will pay recurring per-subscriber monthly license fees should the level of U-Verse subscribers exceed“certain levels”. Just what those levels are wasn’t revealed in the press release, but TiVo apparently expects the total payments to“significantly exceed” the minimums. In this case what’s good for AT&T is good for TiVo – the more subscribers they get, the more TiVo makes.

The Form 8-K TiVo filed with the SEC regarding this settlement reveals more of the details about the payments as well as the patents involved:

Under the Agreement, AT&T has agreed to pay TiVo a minimum amount of $215,000,000 (the “Payment to TiVo”) plus incremental monthly fees per DVR subscriber if the growth of AT&T’s subscriber base exceeds certain pre-determined levels. Based on currently available industry forecasts, TiVo expects that the total fees payable to it by AT&T under the Agreement will significantly exceed the guaranteed minimum Payment to TiVo. The first $51,000,000 of the Payment to TiVo is due on January 3, 2012 and the remaining amount is due to TiVo in equal installments 30 days after the end of each calendar quarter in the amount of $5 million for the first four calendar quarters and approximately $6.5 million in subsequent calendar quarters through the calendar quarter ending June 30, 2018. Any incremental additional per subscriber fees are due to TiVo on the same schedule.

Pursuant to the Agreement, TiVo granted AT&T a limited license under its advanced television patents, including the patents that TiVo had asserted against AT&T (U.S. Patent Nos. 6,233,389, 7,493,015 and 7,529,465), to make, have made, use, sell, offer to sell and import advanced television technology in connection with AT&T multichannel video programming services, including AT&T U-verse, subject to certain limitations and exclusions. AT&T granted TiVo a limited license under its advanced television patents, including the patents that AT&T had asserted against TiVo (U.S. Patent Nos. 5,809,492, 5,922,045, 6,118,976 and 6,983,478), to make, have made, use, sell, offer to sell and import advanced television technology in connection with TiVo products and services, including products and services provided to other multichannel video programming service providers, subject to certain limitations and exclusions.

We may learn more about the terms when TiVo files their Form 10-K after their fiscal year ends on January 31, 2012.

In addition to the settlement payments there is also the indirect benefit to TiVo in reducing their legal costs by no longer needing to pursue the suit. It also eliminates the distraction and allows their legal team to focus their efforts on Verizon. Speaking of Verizon, that’s where all eyes are now as they’re currently the sole remaining target for TiVo’s patent suits. With victories against EchoStar/DISH and now AT&T, it doesn’t seem unreasonable to expect Verizon to taking a serious look at their chances of victory and weighing it against the cost of a settlement. I fully expect TiVo to also be making a reinvigorated push to establish deals with the remaining US cable providers, such as Time Warner Cable, Cablevision, and Bright House Networks.

Taking a look at the top 10 US MVPDs (as of June 2011):

1. Comcast Corporation 22,525,000 – business relationship to allow VOD access to retail TiVo units, now in trials
2. DirecTV 19,433,000 – business relationship with licensing and new THR-22 DirecTiVo just released
3. Dish Network Corporation 14,056,000 – $500 million legal settlement and licensing
4. Time Warner Cable, Inc. 12,235,000 – no known agreement or licensing
5. Cox Communications, Inc. 4,838,000 – business relationship to allow VOD access to retail TiVo units, in development
6. Charter Communications, Inc. 4,413,000 – distributes TiVo directly to customers
7. Verizon Communications, Inc. 3,848,000 – ongoing patent lawsuit
8. AT&T, Inc. 3,407,000 – $215 million legal settlement and licensing
9. Cablevision Systems Corporation 3,284,000 – no known agreement or licensing
10. Bright House Networks LLC 2,139,000 – no known agreement or licensing

In addition, of course, TiVo is being distributed to customers of smaller cable MSOs Suddenlink (#11), RCN (#16), and Grande Communications (not in the top 25). Each victory, licensing deal, or business arrangement strengthens TiVo’s hand at the negotiating table. TWC, like Comcast, is large enough that they develop a lot of their technology and software in house. As such I don’t really expect them to adopt TiVo as their new platform, as Charter has. However, I would not be surprised to see them make a deal with TiVo to support VOD on retail TiVo units, just as Comcast and Cox have, in exchange for staying out of the legal crosshairs.

Verizon is more of a wildcard. They have a rocky track record when it comes to developing and releasing software updates for their FiOS STBs. And they have a small enough user base that outsourcing their software development to TiVo and benefiting from their economies of scale might benefit them. Their architecture is not all that different from Virgin Media in the UK and ONO in Spain. TiVo has already shown they can handle a hybrid cable/IPTV system with those networks, which is what FiOS is. To me that would be the ideal solution, as FiOS joining Team TiVo would increase development funding. And it is likely that they’d push the addition of features to match what they’ve implemented in house, which would benefit everyone. But they may also simply negotiate a licensing settlement like AT&T’s.

AT&T is pure IPTV and they’re using Microsoft software end-to-end. It was pretty much an impossibility that they’d adopt TiVo’s software for their STBs given the infrastructure they’re using. The licensing settlement is really the best result we could hope for in this case. Cablevision and Bright House could easily adopt TiVo as their next-generation STB platform. They’re smaller than Charter, who already has, and Suddenlink, also a TiVo user, is more than half as large as Bright House.

Oh, there is another reason I think TiVo will move more aggressively to establish deals with more MSOs on the back of this settlement: Google. More specifically Google’s pending acquisition of Motorola, the largest STB vendor for cable systems in the US, and Google TV. Back in August when I looked at the announcement, and specifically at the implications for TiVo, and then more recently in November, I stated that I full expect Google to bring the Google TV platform to Motorola STBs as a standard option.

More and more MSOs are looking at OTT (over-the-top) content to increase their competitiveness, which is a prime reason MSOs have turned to TiVo, and Google TV’s Android platform and apps would be a huge boon. Google has Sage TV to provide DVR technology and placeshifting, which also allows them to compete with EchoStar’s SlingLoaded offerings. They could build the streaming client into every Android phone and tablet sold, as well as Google+, that’s a very big stick – or carrot, depending on how you look at it. If Google’s acquisition of Motorola goes through, they will do this. I’m certain of it; it just makes too much sense.

But it will all take time, most likely a few years. The acquisition itself will take time. And then the work to port Google TV to Motorola HW and/or developing new HW to better support Google TV/Android needs to be done. Then they need to land MSO clients for the new HW/SW bundle, and get it deployed. It all takes time. And that time gives TiVo a window to expand their beachhead in the industry. Once an MSO has a significant deployment of TiVo HW and/or SW in the field they’re much less likely to walk away from that investment and adopt another platform.

I expect TiVo to redouble their efforts on the back of this victory. They may even have some deals in their back pocket to announce at CES this month. But for now they can celebrate one victory in an ongoing war.

• DirecTV will finally release the new THR22 DirecTiVo in “early December”.
• Charter will be launching retail “very soon”.
• Comcast OnDemand support is in field trials now.

I think the DirecTiVo news is the most anticipated, so in TiVo’s own words:

Additionally, DirecTV has informed us that they intend to initiate the launch of the TiVo-DIRECTV product in select markets in December with a nationwide rollout to follow early next year.

Still, don’t set your expectations too high. We know the new DirecTiVo is based on the old HR22 DVR and it will lack a number of features found in the current DirecTV DVRs. DirecTV really doesn’t seem to want to release it, but they’re obligated to do so. They’re clearly focused on their in-house units with their five-tuner DVR, new HD UI, and whole-home support.

In other news, TiVo has had their first increase in total subscriptions in four years – adding 117,000 subscribers compared to a 33,000 loss last quarter. This is mainly thanks to Virgin Media’s runaway success, but also growth from RCN & Suddenlink. With ONO, Grande Communications, and Charter coming online, and the new DirecTiVo finally shipping, the MSO subscribers will become even more significant going forward. And TiVo indicated further MSO deals are pending, with TiVo having responded to several Request for Proposals.

Conversely, the retail side continues to slide. They added 30,000 new subscribers, but lost 60,000 old ones – for a 30k net loss. MSOs actually added 147,000 – the lower 117,000 net add is due to this loss. The good news is the new subscribers are worth more to TiVo as the higher monthly fees increase revenue per customer. If & when Comcast launches VOD support on TiVo and provides some marketing and free installations, as promised, it may help the retail numbers. But it seems clear the MSO side of the house is going to be the real growth engine.

Oh, there was one other interesting point. Rogers mentioned that most of TiVo’s development now serves both MSO & retail. They’re building a common code base for all platforms, MSO and retail, to better leverage their R&D spending. In the past the two sides operated pretty much independently. Remember the soft-TiVo product for Comcast & Cox was a completely new Java code base. While retail boxes remained on the conventional development path. Now MSO & retail units will be running common, if not identical, software and hardware will also be shared.

We’re already seeing that with the TiVo Premiere Q for MSOs and TiVo Premiere Elite for retail. It is basically the same box with a different hard drive capacity. And the 14.x software used by MSOs, such as RCN, and the retail units is from a common base. This means that any feature TiVo develops can be released to retail and offered to their MSO partners simultaneously – contractual issues permitting of course. (See Netflix being unavailable on MSO units.) It is also makes things more efficient, you don’t need two development teams both implementing the same thing on different platforms. Even the software for Virgin Media and ONO, which runs on third party hardware, appears to be from the common code base.

One thing I was hoping to hear, but didn’t, was news on the TiVo Preview coming to retail. I really want this and it is annoying that it is available to MSOs but not retail. It is the perfect companion to the TiVo Premiere Elite.

Overall though, I thought it was a pretty good quarter.

The first TiVo Premiere will cost Grande customers $12.99/month on top of their standard service fees. Each additional Premiere on the same account costs $14.99/month. And you will be able to MRV with retail TiVo units, though Grande OnDemand will not be available to retail Premieres. (I don’t really understand why MSOs who offer TiVo units with OnDemand can’t support retail units too.)

It is good to see this launch so quickly.

Via InvestorVillage.

Scheduled to launch later this year, TiVo Premiere from Grande will bring together traditional television, Internet-delivered video and interactive applications as well as Grande’s Video on Demand offerings, in one elegant user interface. The products offered by Grande will be based on TiVo’s industry-leading family of whole home and multi-room products.

The fact that ‘whole home’ and ‘multi-room’ are mentioned, as they have been in the past in similar MSO announcements, tells me this deal involves the forthcoming TiVo Premiere Q/Elite and the TiVo Preview non-DVR streaming box, as well as likely the TiVo Premiere itself. Multi-room streaming is known to be in the works and is generally expected to street this fall. This isn’t a huge deal for TiVo, Grande only serves the communities of Austin, Corpus Christi, Dallas, Midland, Odessa, San Antonio, San Marcos and Waco in Texas and they don’t even rank on the list of the top 25 MVPDs in the US. According to their website they server ‘over 140,000 customers’, but that encompasses cable, broadband, and phone users. But it is still a win, and they all count.

The more small MSOs TiVo can pull into the fold, the more they can build their user base piece by piece – and the more attention they get from the larger MSOs. The smaller operators have less heavy lifting to do to adopt new technology, and they tend to be less risk averse. So they serve as a proving ground which helps give the larger MSOs more confidence in TiVo’s solution, and will hopefully lead to more, and larger, deals.

Update: Later today TiVo released their 2Q2012 financial results which mentioned more details on this deal:

To that end, we announced earlier today a distribution agreement with Grande Communications, a broadband communications company based in the Southwest U.S. with about 150,000 video subscribers. Going forward, TiVo will be the exclusive provider of DVRs and whole home solutions for Grande. We expect Grande’s initial launch to begin in October. It’s worth noting that the speed with which we are able to launch with Grande is a great example of how our recent R&D investments enable us to bring on new customers with limited incremental cost to TiVo and the operator and then to move with great speed.