DISH Network Statement on STELA Certification

[Scott Greczkowski]

DISH Network Statement on STELA CERTIFICATION

ENGLEWOOD, Colo., Sept. 2, 2010 – Earlier today, the Federal Communications Commission granted DISH Network certification as a qualified carrier pursuant to the Satellite Television Extension and Localism Act of 2010 (STELA). DISH Network issued the following statement in response:

“DISH Network thanks Chairman Genachowski, Commissioners Copps, McDowell, Baker and Clyburn, and the Media Bureau for expeditiously granting our qualified carrier certification under STELA. We also extend our appreciation to the National Association of Broadcasters for their cooperation. DISH Network is proud to be the only pay-TV provider to offer local-into-local service in all 210 local markets in the country, and we look forward to receiving our distant signal license back from the court so that we can offer a full complement of the big four networks to our customers in every local market.”

 

[Voyager6]

Here's the FCC document: http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0902/FCC-10-159A1.pdf

As required by STELA,
DISH’s application was placed on public notice and one comment was filed.3 STELA states that the
Commission “shall issue” a qualified carrier certification to any satellite carrier, upon making certain
determinations regarding the service provided by that carrier.4 After review of DISH’s filing and
consideration of the record, we have determined that Dish meets the statutory requirements for
certification. Accordingly, we grant the certification, as described below.

The only public comment was made by a Salisbury, MD station that E* has not reached a carriage agreement with.

6. As required by STELA, we provided 30 days for public comment on the DISH filing.18
The only comment filed was a challenge to DISH’s statement that it is providing local service in every
DMA.19 Delmarva Broadcast Service, LLV is the operator of WMDT-TV, Salisbury, MD (“WMDT”).
After being notified of DISH’s intent to begin local service, WMDT elected retransmission consent for
the current carriage cycle.20 As a result, pursuant to the statutory license established in 17 U.S.C. § 122,
DISH may not retransmit the signal of WMDT until it reaches an agreement with the station for
carriage.21 WMDT has not reached a carriage agreement with DISH, and the station is not currently being
delivered to DISH Network customers in the Salisbury DMA.22 WMDT argues that DISH should not be
certified until it “has made satisfactory efforts to provide local broadcast services of commercial stations
in Salisbury, and any other markets where such service is not yet being provided.”23 DISH responds to
WMDT by arguing that it is providing “local service,” as required under STELA, in the Salisbury market,
and that STELA neither requires nor permits an applicant for qualified carrier status to retransmit the
signal of a station that has elected retransmission consent but has not entered into a carriage agreement.24
DISH further states that the issues raised by WMDT are not valid grounds for denying certification under
STELA.

 

[n1wbd]

Gee maybe now the rest of NH can our WMUR back!! One can only hope.


I hate living in a area where you forced to take all your locals from VT. Can't even watch your own state news.

DISH Network Statement on STELA CERTIFICATION

ENGLEWOOD, Colo., Sept. 2, 2010 – Earlier today, the Federal Communications Commission granted DISH Network certification as a qualified carrier pursuant to the Satellite Television Extension and Localism Act of 2010 (STELA). DISH Network issued the following statement in response:

“DISH Network thanks Chairman Genachowski, Commissioners Copps, McDowell, Baker and Clyburn, and the Media Bureau for expeditiously granting our qualified carrier certification under STELA. We also extend our appreciation to the National Association of Broadcasters for their cooperation. DISH Network is proud to be the only pay-TV provider to offer local-into-local service in all 210 local markets in the country, and we look forward to receiving our distant signal license back from the court so that we can offer a full complement of the big four networks to our customers in every local market.”

 

[TheKrell]

Very interesting Scott.

"...and we look forward to receiving our distant signal license back from the court so that we can offer a full complement of the big four networks to our customers in every local market.”

I am still mystified how distants will help Dish if it already provides LiL with fill-ins from nearby markets. Does this license allow Dish to eschew the fill-ins from local markets and put up the big 4 from NY or LA for short markets?

 

[n0qcu]

The fill ins are considered distants so Dish needs to be licensed to offer them.

 

[thedamaja]

The fill ins are considered distants so Dish needs to be licensed to offer them.

and with the fill ins completing all markets they wouldn't need the All American Direct option and could stop leasing out 2 transponders.

 

[Bobby]

Yeah, and give us the RSNs in HD 24/7!!!

 

[whatchel1]

Oh No

Yeah, and give us the RSNs in HD 24/7!!!

Bobby you sounding too much like goaliebob here.

 

[samalex]

Sorry to ask such a basic question, but in layman's terms what does this mean for most Dish customers? I'm not sure what local-in-local means, even after hitting Google.

Thanks --

Sam

 

[Mr Tony]

Very interesting Scott. I am still mystified how distants will help Dish if it already provides LiL with fill-ins from nearby markets. Does this license allow Dish to eschew the fill-ins from local markets and put up the big 4 from NY or LA for short markets?

the fill ins are considered significantly viewed in those areas. In areas where it is not considered SV they need the extra legislation

examples of it being considered a distant
WMUR to all folks in New Hampshire
CBS in Dothan, AL being imported to Panama City, FL...a couple counties in the PC DMA would get Talahassee CBS instead so its considered a distant in the whole area

 

[Mr Tony]

Sorry to ask such a basic question, but in layman's terms what does this mean for most Dish customers? I'm not sure what local-in-local means, even after hitting Google.

Thanks --

Sam

local in local means local channels

 

[samalex]

local in local means local channels

But Dish already offers Local channels, so what's changed?

 

[Voyager6]

But Dish already offers Local channels, so what's changed?

E* will now be allowed to import the missing network channels (ABC, CBS, NBC, FOX) to markets that do not currently have all four. STELA will also allow for SV (significantly viewed) channels to be made available to overlapping markets.

 

[TheKrell]

But Dish already offers Local channels, so what's changed?

Not all DMAs have a complete set of the Big Four. These are called "short markets". Dish is already able to "fill in" missing channels from nearby when they are called "significantly viewed" by the FCC. (This is if I understand what Iceberg said on the previous page.) But apparently Dish cannot supply missing channels from nearby markets if the missing channel is not called "significantly viewed" by the FCC. Now that they can legally provide distants again, they can fill in all markets.

So can Dish supply a single set of distants, e.g. NY or LA, to RVers, truckers, and the like?

 

[samalex]

E* will now be allowed to import the missing network channels (ABC, CBS, NBC, FOX) to markets that do not currently have all four. STELA will also allow for SV (significantly viewed) channels to be made available to overlapping markets.

So given our local market already has ABC, CBS, NBC, and FOX, this won't affect my area I guess. Also why isn't PBS considered one of the big networks? Is it because the government gives some financial backing to PBS so adding it would be a conflict of interest? Just curious---

 

[Dirtydan]

My DMA is Reno.Nv.,I live in Ca. Does this mean I could get Ca. channels without "Moving"?

 

[TheKrell]

Also why isn't PBS considered one of the big networks?

Because viewership is minuscule compared to the Big Four. <-- my wag

 

[Mr Tony]

My DMA is Reno.Nv.,I live in Ca. Does this mean I could get Ca. channels without "Moving"?

no

 

[Mr Tony]

Not all DMAs have a complete set of the Big Four. These are called "short markets". Dish is already able to "fill in" missing channels from nearby when they are called "significantly viewed" by the FCC. (This is if I understand what Iceberg said on the previous page.) But apparently Dish cannot supply missing channels from nearby markets if the missing channel is not called "significantly viewed" by the FCC. Now that they can legally provide distants again, they can fill in all markets.

yep you got it right.

In the short markets if the missing networks were SV in the whole DMA then Dish added them back in June
If it isn't then its considered a distant and Dish is still waiting on the OK

 

[bacchus101]

Great...maybe this means that Dish will be able to give me the SV channels I already get in SD in HD (being they are uplinked and available in the primary market) so I can ditch AAD.

Heck, I'd even love getting my hands on CW again, not that I ever watch anything on that network...