I am making no claims of proof, as that would require resources in which I am unwilling to invest. However I am offering semi-objective data, from which I can make reasonable conjectures. You are merely speculating.
One of my conjectures is Dish appears to idle their channels at a base rate, leaving a "pool" of available bits that can be dynamically allocated. At the time I studied this particular transponder, the base rate was about 25 + 3 = 28 Mbit/s. The total transponder data rate was 41.2 Mbit/s, including nulls, meaning about 13 Mbit/s was available in the pool. If Dish allocated all of this dynamically, the average video rates would have been about 1.5 Mbit/s higher per channel.
With 8 (or 10!) channels to split up the remaining 13 Mbit/s, one can see the need for caution. On this particular transponder I have seen them allocate up to about 10 Mbit/s to a single channel, although that is very, very rare and only for an instant. More typically they may go up to 7.5 Mbit/s, which they could do on 3 of the 8 HD channels at any given time.
Shaw on the other hand may be more aggressive in using their pool. With only 3-4 HD channels in a 39.3 Mbit/s stream, their compressors have it easier in terms of deciding where to allocate the bits, and harder in terms of fewer statistical opportunities to make room for peaks. But they are willing to allocate, in the case given, virtually half of their transponder to a single channel for not insignificant lengths of time.
Historically Dish has gotten more and more miserly with their HD rate allocations over the 4.5 years I have monitored them. Some here drink Dish's kool-aid and believe their compressors are getting much better, ergo they are able to maintain the same quality levels at lower bit rates. Unfortunately this is not borne out by comparing recordings made of the same source material on the same channel over the time frame. The HD PQ was not outstanding on Dish in 2007, but every year since picture softness and blurring has been steadily increasing. I don't see much hope for this trend to be reversed.
Well, while Shaw may have longer and higher peaks, keep in mind that they in fact may need longer and higher peaks, due to MPEG2 compression vs H.264.
I definitely don't like this new trend of 9-10 channels per transponder... Not one bit. 8 is bad enough, 6 would be ideal IMO, but compared to many providers most of DISH's channels look a good bit better than the competition. Hopefully, if they go with 9-10, it'll be on crappy channels like OWN...