Distant Network Shutoff on December 1st?

[Greg Bimson]

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Originally Posted by digiblur

Sorry, but the analog NTSC OTA shut off has nothing to do with satellite TV.

Actually, that is incorrect.

The SHVERA (the one that was signed in December, 2004) separated the distant network license to delineate between analog and digital local channels. So, once analog broadcasting ceases to exist in February, 2009, then the analog distants would cease to exist at the same time. After the analog cut-off, only distant digital networks would be available.

That is why Dish Network would have ponied up $100 million. Dish Network wanted the ability to keep the digital distants instead of the injunction. Instead, all distant networks will be gone from Dish Network (both analog and digital), and now the only way for Dish Network to cover the country will be to add the digital channels by market.

Originally Posted by TNGTony

Greg is spreading FUD. Pure and simple. I know he believes what he says, but it just isn't so. Dish takes thing to the letter of the law. The suit was about the analog distant channels and that is all they will cut off.

The injunction prevents the use of the license to deliver distant network channels. The license controls both analog and digital distants; it is the same license.

So, when someone from Wilkes-Barre was required to get a digital waiver from their local CBS affiliate to access the CBS HD feed, the waiver is tied to the license that is subject to the injunction.

So, if you have an HD waiver for CBS on Dish Network, you most certainly will lose it, because the license that Dish Network is now prohibited from using controls the delivery of both analog and digital distant networks.

And like I said before, if the CBS/Dish Network agreement is simply a blanket waiver of the SHVIA, then everyone will lose CBS HD.

No fear, uncertainty, or doubt. More along the lines of understanding the issue because of reading the court documents.

[Tower Guy]

The copyright law requires that the DBS companies must be able to prove that they are serving lawful subscribers. If E* accepts "moving" without verification, they will have repeated the same "pattern and practice" of abuse that they did for DNS.

17 USC 122 (g)

(g) Burden of Proof. — In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that station's local market or subscribers being served in compliance with section 119 or a private licensing agreement.

http://www.copyright.gov/title17/92chap1.html#122

[Tower Guy]

Originally Posted by digiblur

Sorry, but the analog NTSC OTA shut off has nothing to do with satellite TV.

Actually it does, but in an odd way. The rules for analog "must carry" and "retransmission consent" refer to transmissions that will not longer exist after February 17, 2009. This catch 22 should be addressed by Congress and/or the FCC prior to that date.

[Tower Guy]

Originally Posted by Greg Bimson

And like I said before, if the CBS/Dish Network agreement is simply a blanket waiver of the SHVIA, then everyone will lose CBS HD.

I believe that Greg is correct. However it remains to be seen if Echostar actually obeys the rules.

[Scott Greczkowski]

http://yahoo.reuters.com/news/articl...mktNews&rpc=44

NEW YORK, Oct 23 (Reuters) - EchoStar Communications Corp. said on Monday it will ask Congress to clarify communications laws in the wake of a court ruling which prevents its subscribers from viewing distant network channels.

The No. 2 satellite television provider also said it will seek court review of a decision by a U.S. District Court in Miami on Friday which prevented it from broadcasting signals of ABC, NBC, CBS and Fox channels that originate outside communities that receive the signal.

Englewood, Colorado-based EchoStar's dispute over distant network channels has been in litigation for nine years and affects less than one million of its 12.5 million subscribers.

EchoStar, which operates under the DISH network brand, said the ruling does not involve local ABC, NBC, CBS or Fox Network channels.

To date it said it has been able to reach settlements with seven of the eight plaintiffs, representing approximately 90 percent of all television network stations.

On Aug. 28 it said it agreed a $100 million settlement with ABC, NBC, CBS and Fox Affiliate Associations.

But on Sept. 1, Fox Broadcasting Co., a unit of News Corp., filed for an injunction against EchoStar barring from retransmissions on behalf of Fox, ABC, CBS and NBC.

Fox, which is a sister company to EchoStar's rival satellite TV provider DirecTV Group, had declined to be part of the earlier settlement.


© Reuters 2006. All Rights Reserved.

[juan]

Originally Posted by digiblur

Sorry, but the analog NTSC OTA shut off has nothing to do with satellite TV.

At that time there wont be any analogue distants to distribute. I think that is his point.

[waltinvt]

Originally Posted by TNGTony

Greg is spreading FUD. Pure and simple. I know he believes what he says, but it just isn't so. Dish takes thing to the letter of the law. The suit was about the analog distant channels and that is all they will cut off. When the CBS HD station isn't cut off, and IF Greg is right (and he isn't) there will be ANOTHER action that will take some quite a bit of time to resolve.

I know I won't have the last word. That is the miracle for FUD. But I want to hear from the any person that actually loses CBS HD on December 1. Put it on this thread. Only then will I belive it (and even then, I will look for other possible causes).

See ya
Tony

I may be an example. I've had the NY CBS-HD feed for over 2 years. I'm 45 miles from the Burlington, Vt but can't receive any of their analog signals. None of their digitals (except Vt PBS) are transmitting yet and it's possible they'll be delayed until Spring if the weather doesn't cooperate.

No other CBS signals available, so maybe I'm in a true "white" area, I don't know. I still get NY analog distants for Fox, ABC & NBC from Dish but for some reason they didn't give me the analog CBS. I just recently added the LiLs back just in case the distants got pulled.

Could the fact that I get the CBS HD feed but not the analog mean it's because of the contract with CBS and not the distants
license or is it just a Dish screw-up? Seems like they would have grabbed the additional $1.50 a month from me if they could have.

[hall]

Originally Posted by juan

At that time there wont be any analogue distants to distribute. I think that is his point.

Technically that is correct. It is still irrelevant to this court case and the issue it is dealing with.

[JohnH]

FOX Broadcasting's filing for the Injunction had nothing to do with it actually being filed.

SHVIA does not give any rights, especially to the general public. SHVIA and its predecessors gave satellite companies certain privileges and also spells out the penalty for violating those privileges. If you are being denied service, then you should ask your provider about it. You can ask your Congessperson to write a law which steals more copyrighted content, but don't be surprised or angry if they do not.

[riffjim4069]

EchoStar Communications Corp. said on Monday it will ask Congress to clarify communications laws in the wake of a court ruling which prevents its subscribers from viewing distant network channels.

A dime late and a dollar short...it sounds like EchoStar needs to hire lawyers who are capable of interpreting communications law.