EchoStar in Talks With Networks

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http://biz.yahoo.com/ap/060810/echostar_settlement.html?.v=1

EchoStar in Talks to Settle Dispute With Networks As September Deadline Looms


DENVER (AP) -- EchoStar Communications Corp. said Thursday hundreds of thousands of satellite TV subscribers will be affected if it is unable to resolve a long-standing dispute over the delivery of distant network programming.

The operator of the Dish Network, the nation's second-largest satellite television service, is negotiating with networks that have yet to settle the claims. A September deadline looms to begin shutting off the distant network transmissions, which refer to channels from one region that are delivered to subscribers in another region.

"We are anxious to try to reach a settlement with the remaining broadcasters and we're very focused on trying to do that," EchoStar general counsel David Moskowitz told analysts during a conference call.

If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter. Moskowitz said there are fewer than 1 million subscribers who would be affected.

The company has said it receives less than $5 a month per distant network subscriber but the end of such programming will reduce monthly revenue and free cash flow and increase churn -- customers who stop service.

Moskowitz made the comments as EchoStar executives discussed the company's second-quarter results. EchoStar Chief Executive Officer Charlie Ergen was absent from the call, away on a family vacation.

Sanford Bernstein telecommunications analyst Craig Moffett wrote in a research note published Thursday that "the broadcasters involved hold the cards and, without a settlement, EchoStar could face significantly higher churn."

The dispute has been ongoing since 1998 when over-the-air networks sued EchoStar, alleging its delivery of distant network channels violated a federal law outlining how satellite TV companies can provide service.

An appeals court in Atlanta agreed with the broadcast networks in a May ruling that ordered EchoStar to stop the practice. An injunction on that order is scheduled to take effect Sept. 11.

EchoStar has settled with NBC, ABC and CBS but remains at odds with Fox and five independent affiliate groups.

EchoStar's stock rose $1.10 a share, or 3.5 percent, to $32.58 a share in afternoon trading on the Nasdaq Stock Market after it reported a 17 percent increase in second-quarter revenue, which totaled $2.46 billion. In the past year, its stock has ranged from $35.95 a share to $24.44 a share.

Based in suburban Englewood, EchoStar has 12.5 million subscribers.
 
Shocking that only FOX is lone holdout !! Wonder what the motivation for that is :rolleyes: Be very surprised if E* ever reaches an agreement with Rupert.
 
Especially because it isnt. If you took the time to read accurately you will see that there are other "holdouts" Of course Charlie couldnt be bothered to so much as take a phone call on this matter. Im beginnnig to think he has contempt for Dish customers...

minnow said:
Shocking that only FOX is lone holdout !! Wonder what the motivation for that is :rolleyes: Be very surprised if E* ever reaches an agreement with Rupert.
 
Wonder what will be the "method?" If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter. Moskowitz said there are fewer than 1 million subscribers who would be affected.
 
brian24740 said:
I would say installing OTA tuners for the customer affected
Unfortunately, most Distant Net subscribers don't have local OTA available to them. That's why most (at least those that play by the rules) distant net subscribers subscribe in the first place.
 
rdinkel said:
Wonder what will be the "method?" If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter. Moskowitz said there are fewer than 1 million subscribers who would be affected.
I had the same "wonderment"... This is the BIG question. My guess is that it's a CBS-DT type agreement with the other nets (probably without FOX though).
 
rdinkel said:
Wonder what will be the "method?" If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter. Moskowitz said there are fewer than 1 million subscribers who would be affected.
Upload the rest of the locals, and make use of Significantly Viewed to fill in the holes.
 
There are five parties to this suit: Fox Network, and the affiliate boards of ABC, CBS, NBC and Fox.

The four affiliate boards are comprised of members of the NAB.

In order to mollify everyone, Dish Network will have to do some very nasty things to their customers in order to come to an agreement.
If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter.
DirecTV had PrimeTime24 up until the very end of February, 1999. Faced with a looming cut-off on 28 February, DirecTV removed PrimeTime24 from the equation, and replaced it with their own version of New York and Los Angeles distant networks.

The courts laughed and said it wasn't enough, and many DirecTV subscribers were cut-off.
 
Greg Bimson said:
There are five parties to this suit: Fox Network, and the affiliate boards of ABC, CBS, NBC and Fox.

The four affiliate boards are comprised of members of the NAB.

In order to mollify everyone, Dish Network will have to do some very nasty things to their customers in order to come to an agreement.DirecTV had PrimeTime24 up until the very end of February, 1999. Faced with a looming cut-off on 28 February, DirecTV removed PrimeTime24 from the equation, and replaced it with their own version of New York and Los Angeles distant networks.

The courts laughed and said it wasn't enough, and many DirecTV subscribers were cut-off.

Greg, Would such an approach by Dish work for a few more years while complaints had to make their way through the court systems, again?
 
Interesting that Dish said they get less than 5 bucks per sub for the distants yet my bill received yesterday clearly showed 5.99 a month.

Part of the settlement will definitely be requalification. That's what D* ended up doing to tighten their end up.
 
ThomasRz said:
Especially because it isnt. If you took the time to read accurately you will see that there are other "holdouts" Of course Charlie couldnt be bothered to so much as take a phone call on this matter. Im beginnnig to think he has contempt for Dish customers...


EchoStar has settled with NBC, ABC and CBS but remains at odds with Fox and five independent affiliate groups.


From my reading of this, it sounds as if E* has reached agreement with the big players, sans FOX. However it was nice of you to take the time out of your busy day to to post your tripe.
 
pdxsam said:
Interesting that Dish said they get less than 5 bucks per sub for the distants yet my bill received yesterday clearly showed 5.99 a month.

Part of the settlement will definitely be requalification. That's what D* ended up doing to tighten their end up.
I agree re qualification will be part of the equation - provided E* will be able to somehow continue to provide distant nets. However, unless he was misquoted, Moskowitz did say that they would go to another method of receiving the distants, not another method of qualifying for them. Using the wrong method (and applying that method poorly) to qualify subscribers is what got E* in trouble in the first place.
 
rdinkel said:
Greg, Would such an approach by Dish work for a few more years while complaints had to make their way through the court systems, again?
Maybe a couple of days. It is all but wrapped up that Dish Network will be given an injunction, probably in the next two months, but it is unknown if anything can be worked out.
 
pdxsam said:
Interesting that Dish said they get less than 5 bucks per sub for the distants yet my bill received yesterday clearly showed 5.99 a month.
...
As I remember, a lot of subs are grandfathered in at $3.99/month.
 
juan said:
Can the FCC control distants being provided via the Internet (IP)?
Interesting... :eureka Are you suggesting Dish transmit distants via ethernet to their VIP receivers? This would jive with Moskowitz statement re: "If discussions fail, the company would begin converting subscribers to another method of receiving those channels in the third quarter." It would also be easy to track the receivers physical location via IP.
 

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