Remember the parties that brought suit under the law. They were the big four networks. So when the injunction was issued, it forced Dish Network to stop offering distant network feeds for ABC, CBS, NBC and FOX. Nothing was wrong with the CW, so that can continue to be used.
CW Network on DISH
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thanks Greg. Perhaps that explains it. just wondering as we never got official (or unofficail word) from either provider on how they are carrying these stations.
Unlike the other networks, the CW wants to be carried everywhere. They do not have the OTA channels. The law allowed a satellite carrier to offer a station WITHOUT permission as a distant (for a set mothly fee of like 25 cents). The networks had no control over the matter. There is nothing in the law that governs retransmission with consent of the stations/network. This would all be contracts between the content providers and the satellite company.
I will take your word for it Mike. I guess that the question comes up in terms of what distant nets they are prohibited from carrying (and i suppose whether that is how they ar e carrying these stations in the first place0. Mr. Bimson believes that the prohibition applies only to the Big 4 networks as they were parties to the original suit. IIf that si true and if the carriage is as a distant net then it all make sense.
I had KTLA and a UPN from somewhere else when WB and UPN were seperate. Well I started just getting KTLA I thought but soon after they came to be CW I noticed I was getting WPIX in addition to KTLA. I'm not sure if they are charging me an extra $1.50 for it even though I didn't want it or if it's coming through from my local package. I've been meaning to look into that but haven't yet.
Dish violated the law in reguards to transmitting distants to people that did not qualify. So, the court ruled that they are no longer able to transmit distant networks using statutory copyright exemption (i.e. just take the signal, pay a fixed fee, and retransmit without any station/network permissions).
The right to transmit the superstations is a different section in the law. The stations involved are actually named by call letters saying that it is ok.
The WB and UPN are not broadcast networks (even though they call themselves networks). They did not meet the criteria in # of hours of network programming. They never fell under that section of the law.
The right to transmit the superstations is a different section in the law. The stations involved are actually named by call letters saying that it is ok.
The WB and UPN are not broadcast networks (even though they call themselves networks). They did not meet the criteria in # of hours of network programming. They never fell under that section of the law.
If you feel that the WB was not a broadcast network then how did the providers carry the Miami affiliate?
But you know what this really is hijacking the thread. Sorry.
But you know what this really is hijacking the thread. Sorry.
You aren't hijacking this thread, Geronimo. It is a valid point. We never did find out how DirecTV was broadcasting a distant feed of the WB into local channel packages.
The CW is a broadcast network, as it meets the definition. DirecTV now offers the Baltimore CW as a distant network feed for those that qualify, as well as adds the Baltimore CW to some local channels packages for those without a CW.
Dish Network is not prevented from broadcasting the CW as a distant network by the injunction from their distant network lawsuit, as the CW was not a party to that lawsuit.
The CW is a broadcast network, as it meets the definition. DirecTV now offers the Baltimore CW as a distant network feed for those that qualify, as well as adds the Baltimore CW to some local channels packages for those without a CW.
Dish Network is not prevented from broadcasting the CW as a distant network by the injunction from their distant network lawsuit, as the CW was not a party to that lawsuit.
So let's get to the heart of the matter. Buzzdar wrote, on post 11:
1) Your local CW is lying to you. This is possible, but not probable, unless there is a master carriage agreement with the station group that owns your local CW, and the local CW doesn't know.
2) There is some programming that is on all three CW superstations where a local channel has the same programming and has asserted syndicated exclusivity (syndex) protection. And this is much more likely.
The understanding here is that there are two different dynamics at work.
First, in order to receive a distant network, your DBS provider cannot offer you local channels. If a local channel package is available, and all networks including CW are available in that package, then you cannot get distant networks.
Second, there is that superstation issue. If a local channel carries programming which is also available on the superstation, the local channel has the right to request that program be blacked out. Dish Network has decided the easiest method is to simply not sell you the affected channels.
So something tells me you are hit by the double-whammy:
1) Your local channel package contains a local CW, which means waivers do not apply, and;
2) Another station in your market carries the same programming which is on all three CW stations, which has forced Dish Network to hold back all CW superstations from you.
I wonder what market you live in, Buzzdar.
So, there are only two issues that could cause this, and only one of them is very likely:
1) Your local CW is lying to you. This is possible, but not probable, unless there is a master carriage agreement with the station group that owns your local CW, and the local CW doesn't know.
2) There is some programming that is on all three CW superstations where a local channel has the same programming and has asserted syndicated exclusivity (syndex) protection. And this is much more likely.
The understanding here is that there are two different dynamics at work.
First, in order to receive a distant network, your DBS provider cannot offer you local channels. If a local channel package is available, and all networks including CW are available in that package, then you cannot get distant networks.
Second, there is that superstation issue. If a local channel carries programming which is also available on the superstation, the local channel has the right to request that program be blacked out. Dish Network has decided the easiest method is to simply not sell you the affected channels.
So something tells me you are hit by the double-whammy:
1) Your local channel package contains a local CW, which means waivers do not apply, and;
2) Another station in your market carries the same programming which is on all three CW stations, which has forced Dish Network to hold back all CW superstations from you.
I wonder what market you live in, Buzzdar.
A Dish Network official doesn't know the difference between the word "loose" and "lose?"
Hey Charlie!
How about showing us Superstation subscribers a little love..... Got a CW and My ______ network HD feed coming anytime soon?
How about showing us Superstation subscribers a little love..... Got a CW and My ______ network HD feed coming anytime soon?
I am Charleston Sc and we have a local provider for CW(I get them OTA). My E* CW is 251 WPIX out of NY. I was curious how all this works also.
I think we need to know in which market the original poster is located. It starts there, as the fact that he cannot have a distant network CW feed nor the superstation feed means someone local to him has stopped the practice.
I would like to know more also because I dont understand the process completely.
I applied for distants for HD programming when I was with D* and was denied by all my locals. Now I have E* and do not have the local CW(owned by the same company that owns the local NBC) but a national CW feed. Now how in the world would the local NBC owner allow a CW national but not a NBC national?
I applied for distants for HD programming when I was with D* and was denied by all my locals. Now I have E* and do not have the local CW(owned by the same company that owns the local NBC) but a national CW feed. Now how in the world would the local NBC owner allow a CW national but not a NBC national?
As far as I can tell as it relates to Charleston, SC, DirecTV also offers the CW Baltimore in the local channel package.
Now, I could be wrong about this, but here it goes...
There are separate tests for analog and digital. Since there isn't a local CW in analog in Charleston, then you qualify for the national CW feed.
There is a chance that the CW network, within their affiliate agreements, allows for this type of exception. This is how I've believed the old WB, now CW feeds were distributed on DirecTV. After all, at one time, DirecTV was importing the Miami WB into Charlestown/Huntingtown, WV, even though there was a WB affiliate there. It just wasn't available over satellite. So DirecTV had the WB distant network feed turned on in the Charlestown/Huntingtown WV local channels package. When the local WB was able to get their signal to DirecTV, DirecTV removed the Miami WB and placed the local WB in the package.
For Dish Network, however, they've "gotten out of the distant network business". Dish Network does not want to setup a la carte DNS just for the CW, being it is the only network Dish Network could legally offer.
Now, I could be wrong about this, but here it goes...
There are separate tests for analog and digital. Since there isn't a local CW in analog in Charleston, then you qualify for the national CW feed.
There is a chance that the CW network, within their affiliate agreements, allows for this type of exception. This is how I've believed the old WB, now CW feeds were distributed on DirecTV. After all, at one time, DirecTV was importing the Miami WB into Charlestown/Huntingtown, WV, even though there was a WB affiliate there. It just wasn't available over satellite. So DirecTV had the WB distant network feed turned on in the Charlestown/Huntingtown WV local channels package. When the local WB was able to get their signal to DirecTV, DirecTV removed the Miami WB and placed the local WB in the package.
For Dish Network, however, they've "gotten out of the distant network business". Dish Network does not want to setup a la carte DNS just for the CW, being it is the only network Dish Network could legally offer.
The email is correct in statement. I think someone could misunderstand it to mean that the Distant Nets were related to the Superstations, but that is not was is stated in the letter. The CEO rep simply added that Distant Nets is no longer an additional option. He did start his sentence with, "In addition . . . " regarding Distant Nets. The CEO rep is correct in his email.
The DishNets fiasco only affected the Big Four, not CW or MyTV. Jeff, the first station mentioned is an independent and the second a MyTV affiliate.
