Distant Network Shutoff on December 1st?

**ThomasRz** · 10-31-2006 01:37 PM

Digital Signals are the same except as indicated below. The key with CBS is that it has granted what is essentially a blanket waiver for certain areas that are served by a corporate O&O station. If the subscriber is also in B range of any non-corporate O&O station, a waiver from that station is also required. In other words, CBS cannot waive local affiliate rights for anybody but themselves. The 119 statutory license is still being used. Remember there are two parts to the puzzle: (1) clearance from copyright holders or use of the statutory license and
(2) permission of the signal owner (unless a statutory exception applies). The only practical way for CBS to deliver HD is via the statutory license. If they had attempted to negotiate ad hoc there would certainly be dead air from time to time (or substitute programming). I don't believe either is the case.

17 USC 119 (a)(4)(D)
Special rules for distant digital signals. The statutory license under paragraph (2) shall apply to secondary transmissions by a satellite carrier to a subscriber of primary digital transmissions of network stations if such secondary transmissions to such subscriber are permitted under section 339(a)(2)(D) of the Communications Act of 1934 [47 USC §339(a)(2)(D)], as in effect on the day after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 [enacted Dec. 8, 2004], except that the reference to section 73.683(a) of title 47, Code of Federal Regulations, referred to in section 339(a)(2)(D)(i)(I) [47 USC §339(a)(2)(D)(i)(I)] shall refer to such section as in effect on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 [enacted Dec. 8, 2004].

**ThomasRz** · 10-31-2006 01:43 PM

And the license does not have to be "explicitly" mentioned. If programming is being rebroadcast without a license from the copyright owner, there are only two possibilities: (1) CBS/E* are infringing the copyright or (2) are using the statutory license. In this case, where the statutory license is applicable, a court would necessarily find that it is being used and thus CBS is subject to all the restrictions thereof and more importantly, E* is enjoined from using the license - for traditional DNS, for SV and for CBS digital (erroneously called CBS HD) as of December 1st.

**digiblur** · 10-31-2006 01:44 PM

Originally Posted by Greg Bimson

No, that is not the case.

The analog distant networks were simple: qualify, and you get your choice of two distant networks. For DirecTV, the choice is made for you, as you can only get NY and LA distant analog networks. For Dish Network, you have (or should I say had)your choice of networks in four cities.

Distant digital networks were different: if your digital local channels are available, you must take them and not your distant digitals. If your market is unavailable in digital through satellite and you qualify, you cannot receive locals from an earlier time zone.

The digital rules for analog are different from digital. There are more differences, but I don't recall exactly what they are.

You did read the part where I said you can bet by right? I didn't say right now as in present today.

**Greg Bimson** · 10-31-2006 02:55 PM

digiblur, why would you think the current ATSC (digital) rules for distants would change by the time the NTSC (analog) shut-off would occur? At present time, the law for distant digital local channels would sunset in December, 2009. The analog sunset would occur when the analog shut-off is complete, tentatively in February, 2009.

The rules won't change much, even if they are addressed in Congress. Because DirecTV was granting digital distants for CBS and FOX before the SHVERA was signed (and Dish Network only had CBS), and because those providers were only offering those networks with local-into-local, everyone that is able to sign up for local digital channels will lose their distant digital channels (unless those networks agree to postpone the termination of distant network, such as the HR20 MPEG4 HD receiver). Most people will not be able to receive distant digital stations. Heck, DirecTV will be serving over 65 percent of the nations households with digital locals by the end of this year. None of those people will qualify for digital distants, unless those networks agree to postpone the termination of the distant networks (which has happened even with the limited release of the HR20).

Why would anyone believe that specific section of the law would change? Even Dish Network, if the settlement to this suit was approved, would have lost the ability to offer the Mountain and Pacific time zones analog distant networks from the Eastern or Central Time Zone. The networks and their affiliates don't want people to see their first-run programming earlier than their local affiliate can provide it.

**ThomasRz** · 10-31-2006 03:48 PM

Just to clarify - SV is an FCC term that may not always align with common sense. For example BOTH local and distant stations may be SV (i.e. be on the list). However in the context of the conversation here, SV does not include locals (as in LIL). Since locals in the law receive their statutory license from section 122, the termination of the 119 license will not impact LIL notwithstanding that some affiliates may be on the SV list.

**Chris Walker** · 10-31-2006 05:45 PM

And the silence from E* continues... They had better be doing something behind the scenes that we don't know about yet.

**juan** · 10-31-2006 06:15 PM

Originally Posted by Chris Walker

And the silence from E* continues... They had better be doing something behind the scenes that we don't know about yet.

perhaps ( and only a guess) they are working on something dealing with the "IP" portion of their "VIP" receivers.. aka video over IP..

**minnow** · 10-31-2006 06:36 PM

Originally Posted by Chris Walker

And the silence from E* continues... They had better be doing something behind the scenes that we don't know about yet.

A poster over at dbstalk reported that he had received a call from Dish informing him that his Distants were going to be terminated on 12/1. If what he said is true, that Dish is calling DNS subs., then I doubt Dish is doing anything behind the scenes to maintain DNS. It would seem to me that if they were doing something for current DNS subs. they would not be calling them to tell them their programming is being discontinued.

**gct** · 10-31-2006 10:56 PM

The very well-practiced liars at E* will do their utmost to extract every dime from their subscribers in an effort to delay the inevitable stampede of intelligent subscribers from them to DIRECTV.

The GOOD News: DIRECTV has a future. A bright future, with two new satellites to provide HD bandwidth going up in 2007.

The grubs running E* have zero foresight. Just greed.

**Chris Walker** · 10-31-2006 11:11 PM

Originally Posted by gct

The very well-practiced liars at E* will do their utmost to extract every dime from their subscribers in an effort to delay the inevitable stampede of intelligent subscribers from them to DIRECTV.

The GOOD News: DIRECTV has a future. A bright future, with two new satellites to provide HD bandwidth going up in 2007.

The grubs running E* have zero foresight. Just greed.

And this has what exactly to do with distant networks? Troll