umm its called a contract..there prolly is a lot to the story we don't know
There's definitely a lot we don't know, but it's not that hard to figure out. The contract doesn't have anything to do with Nick GAS remaining on the air...it has to do with Viacom just expecting everyone to replace it with another channel.
Do you really think a provider could use a contract to force a channel to stay on the air? Let's say it's a small indie channel and it just runs out of money. Do you think DISH can just say "Sorry, we have a contract, you have to keep the lights on." Of course not. You can bet every contract says that it's void if the channel goes off the air.
And look at it this way. Let's say Viacom just wants to kill a channel, say VH1 Classic. Don't you think DISH would love to save the money? They'd be happy to let it die. Let's say it costs 2 cents a month, and 6 million people subscribe. That saves DISH almost $1,500,000 a year.
But Viacom just expected providers to switch from one to another. Now, they do this all the time. There's a Discovery channel that has changed names & formats like 4 or 5 times.
But in this case, they were essentially turning 1 channel into 2...basically spreading the same programming thinner.
My guess is that Charlie had one of two thoughts... 1) Here's a chance to save $1,500,000 or 2) Hey, that's not fair! You're giving us less actual programming for the same amount of money. (I suppose it's also possible that they asked for more money for "The N" than they did for GAS, but I doubt it...you would have seen other disputes.)
Option #2 is also supported by the fact that they continue to split the channels. DISH probably said "You are under contract to provide X amount of programming for $0.XX per subscriber. By pulling "The N" programming off of Noggin, you have effectively decreased the programming significantly."
On top of that, Noggin and GAS are on different tiers. It's possible that Viacom expected them to move "The N" to the lower tier, increasing costs. Or, maybe DISH just didn't want to deal with the phone calls when "The N" disappeared from the lower tier.
But no matter what the issue with Noggin/N is, GAS remaining on is 100% up to Viacom. If they turn it off, the contract would be void. They made the choice to turn it back on. And I'm 99% sure it was a "you don't want to play it our way? Well, we're going to hold you to the other part of our contract as well."
DISH and Viacom would both love to see GAS gone, but for different reasons.