District Judge Denies EchoStar Motion For Extension

Scott Greczkowski

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District Judge Denies EchoStar Motion For Extension

Courtesy of TransmitterNews.COM
http://www.transmitternews.com/NewsWire/112106newsletter.cfm#H1

United States District Judge William P. Dimitrouleas filed his decision concerning the request by EchoStar to extend the distant network cut off date until April 2007. In the order filed today Judge Dimitrouleas wrote:

“The Court has carefully considered the Motion for Modification and does not find sufficient cause to modify the October 20, 2006 Order of Permanent Injunction or extend the effective date. Echostar has been aware since May 23, 2006, when the Court of Appeals for the Eleventh Circuit issued its Opinion remanding the case for entry of a nationwide permanent injunction, that such an injunction would likely be entered, and should have prepared for the contingency that a settlement agreement would not resolve the impending injunction. The time to prepare for such an outcome was months ago, when Echostar first learned of the likelihood of entry of a nationwide injunction, not weeks before the injunction would take effect. Moreover, this Court could have entered its injunction on August 18, 2006 upon receipt of the Eleventh Circuit’s mandate but delayed entry in order to consider the issues raised by the parties in their Joint Stipulation to Enter Consent Judgment and Approve Settlement Agreement, and then on October 20, 2006 instead of imposing the injunction immediately, gave Echostar until December 1, 2006 before the injunction would become effective. Therefore, no further extension of time is warranted. Any unfortunate interruption of service to Echostar’s clients continues to be the responsibility of Echostar.”
 
Something is wrong with our legal system

Pedophiles allowed in our neighborhood, DWI offenders paroled with 3 previous offenses, murderers released for good behavior, drug dealers running rampant, Diplomats breaking all kinds of laws without penalty, etc. However, no relief for a company that will now have a hard time servicing its customers. I hope I don't have any problems that will need Dish attention in the next few months.
 
Ssssshhhhh, I think I hear a sound in the far off distance of giant switches being thrown and collective gasps of 800,000 subscribers as their TV's go dark during an episode of Desperate Housewives.
 
I don't mean to be harsh but the way I see it, the quicker this issue is resolved (no matter what the resolution is) the quicker E* can get back to things like turning on the RSN's in HD, adding external storage capability, etc.

My observation is that everything at E* has been put on hold because of this mess.
 
I think the judges language and admonishment of Echostar in his filing slammed the door on a favorable ruling with an apeals court.

E* gonna sound like a kid in school trying to explain why they didn't act sooner.

My dog ate my homework!

Shame on E* for not being responsible and timely.
 
Pedophiles allowed in our neighborhood, DWI offenders paroled with 3 previous offenses, murderers released for good behavior, drug dealers running rampant, Diplomats breaking all kinds of laws without penalty, etc. However, no relief for a company that will now have a hard time servicing its customers. I hope I don't have any problems that will need Dish attention in the next few months.

Even if every one of the miscreants you mention were behind bars for life, it wouldn't change the DNS situation and you would still be squawking. Feel free to argue the case for E* but at least be logical.
 
Pedophiles allowed in our neighborhood, DWI offenders paroled with 3 previous offenses, murderers released for good behavior, drug dealers running rampant, Diplomats breaking all kinds of laws without penalty, etc. However, no relief for a company that will now have a hard time servicing its customers. I hope I don't have any problems that will need Dish attention in the next few months.

Don't you see that you are advocating essentially the same thing you are condemning? Dish broke the law and you don't want them to be fully punished.

I understand it impacts you but I think the law was written the way it was so that if a company broke the law they would lose customers as a result of their actions. They probably thought no company would risk it.
 
I say cut off the Distance Networks, and let Dish deal with the consequences.

Dish knowing continued to break the law.

Giving Dish an extention would provide Dish with essentially a Get out of Jail Free Card. In 3 months Dish could easily put of the remaining DMAs.

Now the whole Fox O&O stations killing the settlement smells a bit fishy.
 
90 percent of the distant net subscribers can get locals in their areas and do not need or qualify for distant nets anyway. Regretfully, it took the courts to clear this up for Echostar anyway. Charlie, get off your ass and meet the law as required, so those that really qualify for distant nets can get them.

I do not get local nets or distant nets thru Dish. I get mine free OTA.
 
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Just because Dish can provide my locals to me through a satellite dish, why does this mean I must buy them? It should be about my location and what I can receive with an antenna. If I can't get an acceptable signal and my locals give me waivers, I am entitled to the distant networks- period.
 
I say who gives a damn. Yeah yeah we know some of you use distants for time shifting - well, too bad. There's plenty more reasons to have dish - for many people, and I doubt they'll lose that many customers over it - just the old farts :p *hides*
 
More incentive now for Congress to act quickly when they get back in session.

Given that it will be a lame duck Congress that reconvenes in December, with all of the committee chairs in both the House and Senate getting ready to changeover, with all of the attention on Iraq, and with the holiday recess looming, I will be shocked if this bill has any priority.

Perhaps if it has near universal, bi-partisan support and can be quickly dealt with, it has a chance. But I suspect the language of the bill will be subject to close scrutiny and some federal agencies will want to weigh in on it.

I think it more likely that the bill won't get much attention until March or so.
 
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