Greg Bimson said:
And then the satellite providers are not accepting waivers because a subscriber is now considered "served" if their local channels are available by satellite...
See?
That was one of my points. From an FCC response:
"Some consumers have informed us satellite TV providers won't process waivers, and are saying to the effect that, "' Due to the SHVERA, the FCC won't let us'". This is not correct and the FCC has very recently asked satellite TV to STOP alleging that their business practices are based on FCC rules. Any consumer formerly denied a waiver request may consider contacting the satellite company again, with a new request; waiver requests MUST be submitted through the satellite company to the local network TV station....,snip."
The point is and the FCC has confirmed, that the old SHVIA STILL EXISTS and the rules laid out in still apply. One of the few things SHVERA changed is that for the purpose of analog DNS, having LILs offered by your sat company means you're "served" but only for the purpose of qualifing for ANALOG DNS - not HD DNS.
And yes, the FCC is supposed to issue clarifications on what is a "digital white area" but in the interm, the old SHVIA rules for getting analog DNS apply to determing if you're "served" for purpose of digital (HD) DNS.
Greg Bimson said:
Until the FCC finishes their directive from the SHVERA to make qualification maps for local digital television stations, the HD process can be considered the same as the analog process. Waivers can still be processed, but what does it matter? You can only either get local channels or distant channels, but not both. The digital qualification does not exist at this time, because the SHVERA is convoluted enough to make DirecTV and Dish Network leery of even applying for waivers.
And even the FCC helps my cause, because supposedly only the satellite company can request waivers for their subscribers.
See how messy this is?
You're right - it's messy and the sat companies ARE NOT on our side here but the law is the law. In simple terms:
1. For all intents and purposes, analog DNS is gone for any new "D" & "E" subscribers except in the few areas left that they don't carry LiLs for. I suppose technically since "V" doesn't offer LiLs, they could offer the analog DNS to anyone considered "unserved".
Anyway, some existing "D" & "E" customers that had analog DNS can keep them if they give up LiLs and even fewer can have both under certain circumstances.
2. Digital (HD) DNS however is a whole different ballgame. Since digital was not addressed in the old SHVIA (which was extended and still exists), some language was added by virtue of the recent SHVERA that addresses it.
The important thing is that it acknowledges the various forms of digital as different and seperate from analog and therefor needing different rules.
They say that more rules / clarifications will be coming regarding who is considered "served" for the purpose of digital DNS but they also say that until then the same model that the old SHVIA used for "grade B" analog will apply to digital.
That means waivers Must be submitted by the sat companies.
If waivers are denied, then signal tests CAN BE DEMANDED.
This is what the affiliates and even the sat companies really don't want you to know. However the law is the law and these options are available.
Walt
