FCC Responds

[bradley]

I just received this short e-mail from the Commission. I'm a little confused. Perhaps it was the way I presented it?

========================

Thank you for contacting the Federal Communications Commission.

My research has not revealed any sort of Commission "proceeding"
regarding this transfer.

If you can provide additional information, such as who and when an
application was filed here, I can investigate and respond further.

Thanks for your interest.

C. Howell
Consumer & Governmental Affairs Bureau
Information Access & Privacy Office
202-418-1569


-----Original Message-----

Subject: VOOM DBS


Commissioner,


I wish to address a question regarding the transfer of assets of
Cablevision's VOOM DBS to Echostar.


What type of time frame are we looking at for the Commission to announce
its decision on this matter?


And, prior to the transfer of approval, is Cablevision required to
maintain viable services on its VOOM DBS or do they have a right to
cease operations without ramifications from the Commission?


Thank you in advance for you prompt reply on this matter.

 

[mdonnelly]

I just received this short e-mail from the Commission. I'm a little confused. Perhaps it was the way I presented it?
... I wish to address a question regarding the transfer of assets of
Cablevision's VOOM DBS to Echostar.
...

Maybe if you had mentioned Rainbow DBS Co. That's who Echostar Communications Corp. bought the assets from.

See here: EchoStar To Purchase Satellite from Cablevision

 

[riffjim4069]

Bradley, I have noticed that Cablevision/VOOM files FCC correspondence under Rainbow DBS (satellite issues) or Rainbow Media Holdings LLC (programming issues). I tried to file a public comment, but unless the FCC has assigned a case/file/docket number, I get the feeling public comments may wind up in the bit bucket.

 

[bradley]

I concur with your observation on providing docket information.

Rephrased as follows:

==========

Mr. Howell,

I have attempted to be more concrete regarding the names of the participants; I hope this is more helpful.

I wish to address questions pertaining the transfer of assets of (Cablevision / VOOM / Rainbow DBS / Rainbow Media Holdings LLC) to (Echostar Communications Corp. / DishNetwork).

What type of time frame may we expect the Commission to respond with the approval or disapproval regarding the sale and transfer of assets from (Cablevision / VOOM / Rainbow DBS / Rainbow Media Holdings LLC) and (Echostar Communications Corp. / DishNetwork); Rainbow 1, 11 TP frequencies, South Dakota and up-link facilities?

And, prior to the approval or disapproval, is (Cablevision / VOOM / Rainbow DBS / Rainbow Media Holdings LLC) required to maintain viable services on its VOOM DBS or do they have a right to cease operations without ramifications from the Commission?

I thank you again in advance for you prompt reply on this matter.

==========

I will be on the road for the next few days; basically out of touch. Someone else may want to propose the same question to the Commission so a post may appear on the forum.

Thanks.

 

[bradley]

Reply to most recent communication...

==========

Thank you for your very prompt reply.

I await any further information you are able to provide.

Sincerely

==========

On Feb 7, 2005, at 9:53 AM, Calvin Howell wrote:

Hello Bradley - - - thanks for your reply.

The Commission does not generally get involved with the transfer of
"assets". If an entity holds an FCC "license" that is to be
transferred, the appropriate applications will have to be filed with the
Commission.

In a lot of instances, these transfers are made public via the media,
long before the actual applications to transfer are filed here with the
FCC. The Commission does not start docketed proceedings until such time
as a request (filing of a petition/application, or request to transfer
licenses, etc.) is received.

My personal research has not revealed a docketed proceeding concerning
this transfer. However, I will do some further investigating/inquiring
and will provide you with what I can.

Thanks again for your interest.

C.Howel

==========


As mentioned by bryan27, we may be in for a considerable wait.
Hopefully we'll get some tangible information in the meantime.

 

[riffjim4069]

Bradley, I would point out to Mr. Howell that the 11 DBS frequencies are owned by the taxpayers are to be used for the good of the public under the direction and oversight of the FCC. Simply said, Rainbow DBS leases these frequencies from the Federal Government and their sale is much different than the sale of a tangible asset. It is quite possible the FCC may vacate the sale and place the frequencies up for auction should Rainbow DBS fail to make future use this spectrum. Based on past events, I get the impression the FCC does not want Echostar leasing anymore DBS frequencies at 61.5.

 

[bradley]

Forum Members,

May I caution and suggest, in regards to inquiries you may address to the Commission, be generic in initial inquiries, refrain from directly addressing Mr. Howell as it may appear to him he is being flooded with direct requests; impairing his desire to continue his cooperation in this matter.

I will post developments as they become available.

Thank you for your consideration and understanding.





...(p/pvt msg: riffjim4069, thanks)

 

[bradley]

Further Communications...

Reply to the following statement by Mr. Howell.

==========

Mr. Howell,

Thank you again for your response. I do not wish to appear to you ungrateful in any way for assistance you have provided thus far, but if I may, try to narrow down just few issues you may be able to shed light on...?

Rainbow DBS leases these frequencies from the Federal Government and their sale is perceived as much different than the sale of a tangible asset. It can be assumed it is quite possible the FCC may vacate the sale and place the frequencies up for auction should Rainbow DBS fail to make future use this spectrum. And, based on past events, it appears the FCC does not intend Echostar to lease anymore DBS frequencies at 61.5.

As pertaining directly to Rainbow DBS, are there any rules that will require VOOM to remain operational; as to if their services were to go dark, ceasing to operate, prior to a motion by their Commission?

I ask this as a subscriber of Rainbow DBS, Voom, who will be greatly inconvenienced by such actions if they were to take place along with the 26,000 plus subscribers. This is of great concern since Rainbow DBS has not informed any of its subscribers of any actions or intent; we are only party to what is available in the media and trades. What we do see and hear deeply concerns us.

I can only theorize Rainbow DBS would be subject to forfeiture of assigned frequencies given they are leased by your agency, jeopardizing any potential revenues in a sale to another qualified bidder and/or applicant .

Given there is nothing filed at this moment, could you please theorize on the aforementioned.

Your insight would be greatly appreciated.

Regards

==========


On Feb 7, 2005, at 10:30 AM, Calvin Howell wrote:

Bradley - - -

My resources reveal that although there are licenses which will need to
be transferred, no such requests to do so have been received as yet.

Further, it is not known whether this request might be handled by our
International Bureau (http://www.fcc.gov/ib/), or our Media Bureau
(http://www.fcc.gov/mb/); or jointly.

As a general rule, once the applications have been received and
processed (a docketed proceeding opened); a Public Notice will be
released which will seek comment and replies pertaining to the request.
Any conditions set as an approval/disapproval to such requests won't be
available until such time as an Order is adopted/released.

A subscription to our Daily Digest should help keep you informed of our
activities, (http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/).

Hope this information proves helpful.

C.Howell

 

[rocatman]

The FCC's International Bureau will definitely be involved. I don't know about the Media Bureau.

 

[gutter]

Perhaps I am all wet (and would not be the first time) but what he is saying simply is that officially the FCC does not know about or have received a request for transfer. The real question is, why it has not been filed yet by Cablevision and Echostar. It would be too much to hope that the sale is no sale at all, but it can be said that there may be more to it than has been publicly released. SEC rules of course that they don't release anything; that is intentially false or misleading. Heavens ,...should a DBS not want to tell the public the entire story! Are you as shocked as I?

Bradley lot of quick action and response. I am amazed you received response so quickly. I also agree with you that we should not be flooding this gentleman with emails or our own editorial comment at this time.

 

[Tvlman]

Interesting investigation here by Bradley. Perhaps one does all the "behind the scenes" negotiating before filing an official docket or whatever. Then again, this is the Federal Government which delivers our mail, screens us at airports, etc. so it may take some time to find the paper work if it has indeed been filed. Wouldn't Rainbow DBS have a docket number listed in their official notification and is that public?
Meanwhile, I'm enjoying VOOM every day with 40 HD channels while it is still on. (then I go into deep withdrawal when I have to go back to only 9 HD channels)

 

[TheTimm]

Hey Bradley, this is fun. Keep up the good work. Very interesting. Thanks.

 

[James Long]

The FCC staff is usually responsive to the public. They can't tell you what they don't know, but they are some of the friendliest "public servants" I've delt with.

JL

 

[voom1]

I know this might sound dumb but this sounds like someone started a rumor about Voom selling to Dishnet. What I have read here and have heard with my own ears I believe Direct TV, Dishnet, and some of the Install Inc sub Contractorsis trying to make Voom lose customers so they will go out of business. I believe the other Dish companies are running scared because Voom had so much more to offer. Does someone know for a fact thatVoom is selling to Dishnet?

 

[Peter Parker]

Yes. VOOM is selling its satellite and transponder licenses to DISH pending FCC approval.

 

[gutter]

Also a satellite uplink facility. That is what we know publically. Everything else is either wishful thinking for speculation.

 

[Peter Parker]

I agrree witht aht gutter. I left out the uplink. Good catch.

 

[hdtvtechno]

Hey Mike Powell has VOOM as his house,
http://www.avsforum.com/avs-vb/showthread.php?postid=5136746#post5136746

Powell is one of thousands of customers — many of whom have spent more than $1,000 on Voom hardware — that have been left in limbo because of the EchoStar agreement, which was announced Jan. 20.

 

[bryan27]

I suggested in another thread to wait until the proceeding receives a docket number. All anyone is doing by contacting the FCC now is waisting the FCC's time and tax payers dollars

Satellite frequencies, satellites, uplink frequencies, shortwave stations, and licensing of those facilites fall under the International Bureau. AM, FM, and TV operation and licensing, multi-video distribution (which includes cable and DBS) fall under the Media Bureau. Everything else is in the Wireless Bureau.

I beleive the Media Bureau won't be involved as this transaction doesn't involve transfering programming and customers.

 

[hbk409]

Hey Mike Powell has VOOM as his house,
http://www.avsforum.com/avs-vb/showthread.php?postid=5136746#post5136746

Powell is one of thousands of customers — many of whom have spent more than $1,000 on Voom hardware — that have been left in limbo because of the EchoStar agreement, which was announced Jan. 20.

actually it says chris powell not michael

Chris Powell had the Voom HDTV satellite service installed at his San Angelo, Texas, home on Jan. 17, just two days before Cablevision Systems Corp. announced a $200 million sale of the satellite assets that make Voom tick to EchoStar Communications Corp.