Vonage Not a Telecommunications Service, Apppeals Court Says

The 8th U.S. Circuit Court of Appeals has upheld a lower court ruling that Vonage is not a telecommunications service provider, and is not required to contribute to the Nebraska Universal Service Fund.

The logic, of course, is that independent VoIP companies such as Vonage provide an “information service” rather than a “telecommunications” service. But the regulatory regime has to be considered unstable.

Cable companies do pay into the USF fund, for example. Also, the time is coming when lots of portals, Web sites and other providers will be offering such information services.

At some point, the typical regulator test--if it walks like a duck, and talks like a duck, it's a duck--will have to be addressed. The regulatory wall between "information services" and "communications services" is going to be hard to maintain, long term.

36% Mobile Marketing Growth in 2009

The U.S. market for mobile advertising will grow 36 percent, increasing from $169 million in 2008 to $229 million in 2009, according to a new forecast by Interpublic's Magna.

That's a downward revision from the company's previous forecast for mobile ad growth in 2009, primarily due to the brutal economy.

The sheer number of mobile devices in use, about 270 million at the end of 2008, according to the CTIA, is one driver. The  mobile Web is the other driver. In January, 22 million individuals accessed the mobile Web daily and 63 million monthly, up from 11 million and 37 million for each frequency during January 2008, Magna says.

The report found that smart phones are key to growth. About 32 percent of AT&T Wireless contract subscribers owning such a device at the end of the first quarter of 2009, more than double that of the previous year, for example.

78% of Small Firms Hold or Increase Online Spending

About 74 percent of small U.S. business-to-business advertisers are either increasing spending over 2008 or keeping it level, according to an Outsell survey of 1,019 U.S. and U.K. advertisers. About 26 percent of these smaller companies are reducing budgets, in contrast with the 40 percent of large B2B advertisers who forecast cuts.

But here's an interesting angle, something other surveys also are showing: small firms increasingly see spending on Web sites as "advertising" and Web site spending is the largest single category of online expense.

Spending on their own Web sites remains the largest item for B2B advertisers, at 59.1 percent and 51.1 percent of total online budgets for small and large firms, respectively.

Online marketing/ad spending is growing among U.S. B2B companies in general—up 8.2 percent from last year among smaller firms, and up 0.4 percent for larger ones.

Small U.S. B2B companies are also growing spending more than 10 percent each for keyword buys on search engine sites, e-mail marketing, industry-specific sites, and webinars.

http://www.outsellinc.com/press/press_releases/ad_mkting_study_highlights

What a Quantum Shift Looks Like

Inflection points--times when a rate of growth or decline shifts to a different trajectory are key business events. More startling by far as quantum shifts, where an entire business model either takes off or collapses.

The basic business lesson is to recognize that when whole new markets are growing, while legacy businesses are declining, one can go for longish periods of time where the change seems to be simply quantitative.

You see slightly more of the new stuff, slightly less of the old stuff, but within a business environment that seems stable.

Then the quantum shift occurs and something entirely new appears, as in a flash. That's pretty much what is happening now, in the print media space.

But lots of other businesses have some exposure to quantum shifts. Just about anything touched by Internet Protocol or bandwidth has at least some exposure to sudden quantum shifts.

To be honest, those of us who make forecasts always use linear thinking. Excel forces you to do that. Most of the time that works. Except when a quantum shift occurs. Then everything changes, very rapidly.

Sort of like water changing to ice, or water to steam: one minute you are dealing with one sort of element; the next moment, it is something else.

http://247wallst.com/2009/05/03/the-sun-sets-on-businessweek-forbes-and-fortune/

"Remnant" Inventory Fastest-Growing Online Ad Segment, Says ThinkEquity

Non-premium display advertising (often known as "remnant" inventory) is likely to remain the highest-growth segment of online media over the next five years, with the greatest potential to create significant opportunities and market dislocations, say ThinkEquity analysts William Morrison and Robert Coolbrith.

Premium display includes graphical display advertising inventory sold through a direct sales force such that ad placement, impression volume, and time-frame within which the advertisement will run are guaranteed.

Non-premium display advertising is sold without specific time-frame or placement guarantees, typically by a third party. Historically, there has been an order of magnitude to 20 times price differential between premium and non-premium channels.

"On a percentage basis, we expect non-premium display to be the highest-growth category in online media, through a combination of significant volume mix shift and pricing growth versus other media types," they argue.

Also, look for big changes in the ecosystem. Online advertising exchanges should eventually come to dominate the inventory aggregation function traditionally performed by online advertising networks, although some networks' proprietary inventory aggregation channels should remain relevant in niche and high-value market segments, ThinkEquity says.

Likewise, ad network and ad agency and even publisher business models should increasingly converge. Among other things, the major Internet media companies (Google/Doubleclick, Yahoo!, Microsoft, and AOL/PlatformA) are likely to continue consolidating and

capturing the overwhelming majority of the non-premium market.

Exchanges increasingly are being used as inventory aggregation platforms with traditional horizontal ad networks(ValueClick, Advertising.com, Tribal Fusion) increasingly abdicating their supply-side aggregation role and acquiring media directly on the exchanges and “meta ad networks” (MediaMath, Varick Media Management, X+1) that are focused on data,

optimization, and arbitrage, ThinkEquity notes.

The premium CPM (cost per thousand) advertising segment has been losing market share to performance-based advertising (typically to non-premium inventory) since 2001, with the share shift accelerating during the past three years, ThinkEquity says.

Click the image for a larger view.

Dramatic Shift in Sprint Nextel Net Ads Performance

Not often will you see a sequential change in subscriber additions as Sprint Nextel saw between the fourth quarter of 2008 and the first quarter of 2009.

That isn't to say Sprint Nextel's churn problems are behind it. The company apparently still is losing customers to AT&T and Verizon Communications.

But Sprint Nextel got a boost from Amazon Kindle users and prepaid customers.

In principle, an increase in prepaid, at the expense of postpaid, should put pressure on margins.  So far that does not seem to be a problem. All in all, though, the first quarter was impressive, at least on the metric of net customer additions or losses.

If Sprint Nextel can follow through in the second quarter, it might be an inflection point.

Tips for Mobile Marketers

A couple of tips for mobile marketers: bite-sized chunks of entertainment work. Ask users to send in photos from their mobiles. Offer an incentive.

Incentives such as access to weather, news alerts, local event information, mobile content or even a coupon increase take rates and consumer participation. 

And many campaigns take advantage of interstitial time; those short blocks of time that happen all day when users have a couple of minutes of downtime or waiting. 

Late last year, the Army National Guard launched a nationwide in-theater advertising campaign featuring "Warrior," a two-and-a-half minute music video by Kid Rock, and an appearance by NASCAR driver Dale Earnhardt, Jr. 

As part of the campaign, a mobile Web site allowed movie watchers to access and interact with the "Warrior" site on their mobile phones while sitting in the theater.

"Warrior" appeared for a two-month period before PG-13 and R rated movies in more than 3,000 theaters nationwide. During the campaign, the mobile site saw over 50,000 page views and an impressive level of engagement from mobile users who often downloaded and viewed the multimedia content multiple times as well as shared it with friends.

http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=104915