EchoStar Settles Nine Year Litigation With ABC, NBC, CBS and Fox Affiliates

spudmancbr954rr

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Apr 17, 2005
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(The following was posted on EchoStar's website this morning...8/28/06)


EchoStar Settles Nine Year Litigation With ABC, NBC, CBS and Fox Affiliate Associations

ENGLEWOOD, Colo.--(BUSINESS WIRE)--Aug. 28, 2006--EchoStar Communications Corporation (Nasdaq:DISH) announced today that it has settled its nine year litigation with the ABC, NBC, CBS and Fox Affiliate Associations.

Under terms of the settlement, EchoStar agreed to expand its industry leading local network channel by satellite service from approximately 165 markets, to 175 markets by the end of 2006, offering over 95 percent of the U.S. population more fully effective competition to cable. EchoStar also agreed to pay the Affiliate Associations $100 million to protect its subscribers from the potential shut off of their distant network channels.

Distant channels are ABC, NBC, CBS and Fox network channels that originate from a market outside the community in which the subscriber lives. The litigation does not involve, and there is no danger, that consumers could lose their local ABC, NBC, CBS or Fox network channels, or any of the other great programming available from EchoStar's DISH Network. While EchoStar has over 12 million subscribers, less than one million of those customers receive distant network channels. As part of the settlement, EchoStar agreed to re-qualify its distant network subscribers and terminate those channels later this year to the small percentage of customers who are not eligible to receive them today.

During the nine year course of litigation, EchoStar previously settled with hundreds of TV stations and station groups, including the ABC, NBC and CBS networks. With today's announcement, EchoStar has reached settlements with almost 800 total stations. EchoStar had hoped and expected to resolve the dispute with all remaining litigants, but late last week Fox Network declined EchoStar's universal settlement offer and pulled out of the discussions. Consequently, litigation with approximately 25 Fox owned-and-operated stations continues. Though unlikely, it is possible Fox's last minute tactic could derail the entire settlement and force EchoStar to seek legislation to protect its subscribers from disruption.

The settlement is contingent on confirmation by the Federal District Court in Florida.
 
EchoStar Settles Nine Year Litigation With ABC, NBC, CBS and Fox Affiliate Associations
ENGLEWOOD, Colo.--(BUSINESS WIRE)--Aug. 28, 2006--EchoStar Communications Corporation (Nasdaq: DISH) announced today that it has settled its nine year litigation with the ABC, NBC, CBS and Fox Affiliate Associations.

Under terms of the settlement, EchoStar agreed to expand its industry leading local network channel by satellite service from approximately 165 markets, to 175 markets by the end of 2006, offering over 95 percent of the U.S. population more fully effective competition to cable. EchoStar also agreed to pay the Affiliate Associations $100 million to protect its subscribers from the potential shut off of their distant network channels.

Distant channels are ABC, NBC, CBS and Fox network channels that originate from a market outside the community in which the subscriber lives. The litigation does not involve, and there is no danger, that consumers could lose their local ABC, NBC, CBS or Fox network channels, or any of the other great programming available from EchoStar's DISH Network. While EchoStar has over 12 million subscribers, less than one million of those customers receive distant network channels. As part of the settlement, EchoStar agreed to re-qualify its distant network subscribers and terminate those channels later this year to the small percentage of customers who are not eligible to receive them today.

During the nine year course of litigation, EchoStar previously settled with hundreds of TV stations and station groups, including the ABC, NBC and CBS networks. With today's announcement, EchoStar has reached settlements with almost 800 total stations. EchoStar had hoped and expected to resolve the dispute with all remaining litigants, but late last week Fox Network declined EchoStar's universal settlement offer and pulled out of the discussions. Consequently, litigation with approximately 25 Fox owned-and-operated stations continues. Though unlikely, it is possible Fox's last minute tactic could derail the entire settlement and force EchoStar to seek legislation to protect its subscribers from disruption.

The settlement is contingent on confirmation by the Federal District Court in Florida.

About EchoStar
 
Well we are closer than we were a week ago, but I highly doubt Fox will ever settle. This is Murdoch's golden opportunity to stick it to E* and maybe gleen new customers. (Charlie would do the same thing in a heartbeat).
 
As part of the settlement, EchoStar agreed to re-qualify its distant network subscribers and terminate those channels later this year to the small percentage of customers who are not eligible to receive them today.

I don't like this line. What does this mean for people with waivers ? Does that mean you have to go back and get waivers again ? Getting waivers again could prove to be very difficult to a lot of us. Any thoughts on what this means ?
 
Either way sounds like Dish is going to get the issue addressed and that they are trying to get this fixed.. Not haveing Distant Networks never was a issue for me as long as I got my local state networks is all.. Hopefully this will be the end of this for awhile and Dish has done their part to fix the problem..
 
IMHO, the networks did to Charlie exactly what Charlie has done to them in the past. If you don't get what you want in negotiations you say you're going to cut off service and all of a sudden a deal is worked out. Just nice to see folks are finally getting this fixed.
 
So those that were grandfathered have to be reapplied for the networks as well? Seems like a potential for many to lose their networks anyways. Seems like there would be more to lose the networks than to gain them with this.
 
Hard to see where this would allow anyone to "gain" DNS.

Perhaps the rule of thumb is - If you switched to D*, would you be eligible for DNS? If yes, then you'll probably retain them from E*. If no, then you are on the endangered list.
 
Or in our market, if you can get the distants on dish, you can get the locals, too. So there aren't any waivers given to dish customers, here.
 
:) i truly be live the audit team has been working on the revaluation of all subscribers. this last spring they issued new forms. and i was forced to re qualify for all my dns.i still so far have all my dns's. thouse in marginal service areas will be effected the most. i hope this means things will calm down for dish and then they can concentrate on there services.
 
What DMA are you in? It sounds like a very special market since apparently it is exempt from the law.

Barry Erick said:
Or in our market, if you can get the distants on dish, you can get the locals, too. So there aren't any waivers given to dish customers, here.
 
So I would assume based on the press release say you live in Cleveland or Detroit and your getting NY and LA locals you are going to loose them for sure.

But for those of us that live out where there is no stations available on dish or Directv you going to have a "better" chance of survival.

Makes you wonder which 10 markets are going to be added by Dish this year. I am sure they wont be able to kep that a secret for long.
 

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