Distant Network Shutoff on December 1st?

[Greg Bimson]

From
Multichannel.com

, an article relating to the loss of the distant network license, written by Ted Hearn:

CBS HD IMPACT

Separately, EchoStar has a deal that allows it to offer the high definition feed of a CBS affiliate to any household within a market that includes a CBS-owned affiliate. But the injunction would doom that in about 20 major markets.

So why would Dish Network pay $100 million to the affiliate boards? In order to keep the license not for the distant networks, but for the others services that are attached to the license:

“Among their bouquet of core HDTV services, the CBS [deal] is probably the most viewed, it’s the most important,” according to Jimmy Schaeffler, senior financial and consulting analyst with The Carmel Group, who has been involved in legal matters for and against EchoStar in the last decade. “If you lose that, then you’ve lost a core sales tool for a part of your service which you consider the most important going forward and that is the HD channel.”

The loss of the distant CBS in HD is important, but now the inability of ever using the distant license for ABC, NBC and Fox in HD is just as important. Dish Network will not get the rural customers network HD any longer. Also...

The injunction would prevent EchoStar from providing what are called “significantly viewed” stations. These are popular TV stations seen by viewers who live outside the official boundary of a market, but within range of the stations’ signals, according to Seth Davidson, a cable and copyright attorney at Fleischman and Walsh in Washington, D.C.

This public service message was brought to you by the always incorrect Greg Bimson.

[Hall]

I'm not agreeing or disagreeing with you (the whole "issue" means nothing to me as I don't get distant nets, nor CBS-HD), but this is nothing more than these people's opinions. Are they right ?? Maybe.... Are they wrong ?? Maybe....

[odbrv]

From another forum:
Senate Bill S.2644, Which Was Passed In Nov 04 Said,"this Legislation Gives The Federal Communications Commission Two Years To Develop A Map Of The United States That Shows Which Households Do Not Receive A Digital Over The Air Signal". Consumers In Areas That Are Not Able To Receive A Digital Signal Will Be Eligible To Receive A National High Definition Network Feeds For Nbc, Cbs, Abc, And Fox. This Can Only Be Done, However, If The Satellite Company First Provides The Local Analog Stations. This Is Called The Digital White Area. This Bill Was Introduced By Senator John Ensign Of Nevada. This Bill Was Adopted As Part Of The Omnibus Spending Bill Approved By The U.s. Senate.

Does the current injunction stop E* from ever giving Network digital/HD to those in the above digital white area? This Map is due in Nov. 2006. Maybe there is hope to get distant HD networks for all E* subs who get local SD but not HD.

[Greg Bimson]

I'm not agreeing or disagreeing with you (the whole "issue" means nothing to me as I don't get distant nets, nor CBS-HD), but this is nothing more than these people's opinions. Are they right ?? Maybe.... Are they wrong ?? Maybe....

No, I don't believe it is people's opinions. At this point, I am pretty sure that if one reads the injunctive order by the judge, that the conclusion ends up with Dish Network being barred from retransmitting ABC, NBC, CBS or FOX affiliates from using the license contained in section 17 USC 119 of the United States Code. The problem is that the analog distant networks, the digital distant networks, and the significantly-viewed networks are all tied to that license. Barring use of the license effectively stops Dish Network from providing the distant networks, CBS in HD into distant markets, and all significantly-viewed stations that are affiliated with the big four networks.

Does the current injunction stop E* from ever giving Network digital/HD to those in the above digital white area?

YES!!!

That is, until a new bill is drawn up in Congress and signed into law by the President. Of course, Congress could override a Presidential veto (thank you Schoolhouse Rock).

[minnow]

Those that wonder if CBS HD is also a part of this injunction could call Dish or email ceo@echostar.com and ask this same question.

[LLodge2]

Based upon a recent court ruling, on December 1st, 2006, there will be
some changes to your DISH Network programming. Rest assured, you will be
able to continue to receive your local networks and other great
programming that DISH Network currently provides. Unfortunately, we will
be no longer able to provide Distant Networks to customers regardless of
past qualifications.

Distant networks are the ABC, NBC, CBS and FOX broadcast channels that
originate from a market outside the community in which our customers
live. Federal law prohibits all satellite and cable companies from
providing these channels to consumers except in very limited
circumstances.

The local ABC, NBC, CBS or FOX network programming in your market will
not be affected.

Our customer service representatives do not have any additional
information. Over the next few days, tune to channel 240 or visit

www.dishnetwork.com

to learn more.

We apologize for the inconvenience and thank you for being a loyal DISH
Network customer.

I have been told alternatively by DISH supervisors that KTLA, etc. are subject to the cutoff and that they are not subject to the cutoff. Does anyone have any idea as to whether or not those will continue? I keep pointing out that it only talks about the "Big Four" but says nothing about these (or the PBS national for that matter).

Thanks for any info!

[boy921]

I have been told alternatively by DISH supervisors that KTLA, etc. are subject to the cutoff and that they are not subject to the cutoff. Does anyone have any idea as to whether or not those will continue? I keep pointing out that it only talks about the "Big Four" but says nothing about these (or the PBS national for that matter).

Thanks for any info!

It sounds like the rumor mill is building at E*. The courts ruling is for: ABC, CBS, FOX, and NBC. It does not include PBS, and the so called super stations. Their could be future changes resulting from the super stations getting classified as networks, but at present there is no order to shut them off. There is also a possibility that the super station like CW could let the contract lapse in the future so to prevent E* from providing.

Next word, I guess, is that all the satellite channels will get shut off.

[Greg Bimson]

Their could be future changes resulting from the super stations getting classified as networks, but at present there is no order to shut them off. There is also a possibility that the super station like CW could let the contract lapse in the future so to prevent E* from providing.

While agreeing with boy921 regarding that the only distant networks to be shut off will be ABC, CBS, FOX and NBC, there is no real way to shut-off superstations.

Unless a superstation aligns itself with a network which was a network as of 1995, the creation of a new network will not cause a loss of superstations.

Also, there is not a contract between the superstations and Dish Network, other than the one that allows Dish Network to service those stations as true "locals". For example, WWOR 9 in Seacaucus, New Jersey, is a local channel to the New York market (complete with a carriage agreement) and a superstation in the other 209 markets. There is no need for a contract to the 209 other markets as the license in the law allows for out-of-market retransmission without consent.

[TNGTony]

I have been told alternatively by DISH supervisors that KTLA, etc. are subject to the cutoff and that they are not subject to the cutoff. Does anyone have any idea as to whether or not those will continue? I keep pointing out that it only talks about the "Big Four" but says nothing about these (or the PBS national for that matter).

Thanks for any info!

Without any fear of being contradicted by anyone who has actually read the injunction I can say

Superstations KTLA, KWGN, KTLA, WSBK, WWOR are NOT affected by this court order

Distant stations with the CW Network from Miami and San Diego are NOT affecter by this court order

Network "feeds" from other broadcast stations available on Dish like PBS, Pax("i"), TBN, Daystar, Telemundo, Telefutura, Univision, Azteca America are NOT affected by this court order.

The ONLY channels affected by this court order are NBC, CBS, ABC and Fox channels that are NOT part of the local networks or "significantly viewed" (in the 6000 channel range).

The only dispute is whether CBS HD is affected or not. CBS HD is made available on Dish though a contract between the two companies. The dispute here is whether the contract explicitly uses the same statutory copyright license that Dish has been barred from using or not.

See ya
Tony

[ThomasRz]

Why do you think that SV stations are not affected? SV stations use the very same license as "DNS." In fact, SV are DNS (non-local). The only difference is their inclusion on the FCC SV list and the fact that SV does not count against the two of any network rule. Of course, only SV stations that are network stations (as defined in the law) are included in this discussion. Come December 1st all DNS (including SV) go away for E*.

Without any fear of being contradicted by anyone who has actually read the injunction I can say

The ONLY channels affected by this court order are NBC, CBS, ABC and Fox channels that are NOT part of the local networks or "significantly viewed" (in the 6000 channel range).

The only dispute is whether CBS HD is affected or not. CBS HD is made available on Dish though a contract between the two companies. The dispute here is whether the contract explicitly uses the same statutory copyright license that Dish has been barred from using or not.

See ya
Tony