Can someone read this letter from the FCC and tell me what they are saying in terms a layman can understand. I am trying to get distance stations, I can get a few poor signals from roof antenna from Spokane . I want to be able to get East coast stations.I did write the Pres of Directv and did get them to send waivers in for HD distance station but only from LA. They will not give me hd distance stations from different time zone.
My letter to FCC at bottom of post
Thanks
Letter from FCC
Thank you for contacting the Federal Communications Commission.
The eligibility of a satellite TV subscriber to receive distant (NY/LA)
networks (whether analog or HD) is governed by a federal law and the law
does not grant the FCC to exercise discretion in this area.
In 1999, the Satellite Home Viewer Improvement Act (SHVIA) became law.
Among other things, the SHVIA authorized satellite TV companies to
provide local TV stations in areas where the company wished to do so.
The SHVIA also clarified that satellite TV subscribers were not eligible
to receive distant TV networks unless the local network affiliate did
not provide an adequate over-the-air signal to the subscriber's
location. In this regard, the SHVIA stated that a subscriber was
eligible to receive distant TV networks if the local network affiliates
did not provide a Grade B or better TV signal that the subscriber could
receive when using a conventional over-the-air roof antenna. (The
subscriber's ability to subscribe to cable TV service is not relevant).
In general, subscribers are required to obtain a waiver from the local
network affiliate prior to receiving a distant network. The waiver
indicates that the local station agrees that the subscriber cannot
receive at least Grade B local signal and authorizes the satellite
company to provide a distant network signal to that subscriber. The
SHVIA does not authorize the FCC to intervene if the local TV station
denies the waiver request.
The SHVIA did not specifically address whether subscribers were eligible
to receive waivers for the sole purpose of receiving a distant HD signal
and did not authorize the FCC to take any action on this issue. The
U.S. Copyright Office, however, expressed the opinion that the waiver
process did not apply to distant HD signals. (The U.S. Copyright Office
is authorized to enforce certain aspects of the SHVIA). Thus, federal
law does not authorize the FCC to require that satellite TV subscribers
purchase local TV signals in order to obtain distant analog or HD
network signals.
A recent federal law, however, appears to address your HD concerns. On
December 8, 2004, the Satellite Home Viewer Extension and
Reauthorization Act of 2004 ("SHVERA") was enacted as part of the
Consolidated FY 2005 Appropriations Act (P.L. 108-447). The SHVERA,
written by Congress, modified the SHVIA and made significant reforms
regarding the ability of satellite television subscribers to receive
local and distant broadcast network programming. Among other things,
the SHVERA generally authorizes satellite television carriers to provide
distant digital broadcast network signals to subscribers if certain
conditions are satisfied. For example, pursuant to the SHVERA, a
subscriber generally is eligible to receive the digital signal of a
distant network station if: (1) the subscriber is located outside of
the predicted coverage area of the analog signal of a local station
affiliated with that network; (2) the subscriber is "unserved", i.e.,
cannot receive, through the use of a conventional, stationary, outdoor
roof antenna, an over-the-air network of at least Grade B intensity as
defined by the Commission; or (3) a signal test demonstrates that the
subscriber cannot receive a local digital signal that exceeds the signal
intensity standard as defined by the Commission. It should be noted,
however, that the test procedures for digital service established by the
SHVERA do not become effective until April 30, 2006 for local stations
in the top-100 television markets, and for local stations that are not
within the top-100 television markets, the test criteria will be
effective on July 15, 2007.
Based on the above, whether a satellite company offers local TV stations
in the area and whether a subscriber purchases the local channels is not
relevant to the subscriber's eligibility to receive distant HD
programming.
However, the SHVERA requires that consumers who receive both local and
distant networks choose to receive one or the other; consumers can no
longer receive both.
This is not an FCC ruling and the law does not grant the FCC authority
to intervene. If you disagree with this law, you may either challenge
it in court or contact your representatives in Congress and propose that
the law be amended.
Hope this proves helpful.
C. Howell
Consumer & Governmental Affairs Bureau
Information Access & Privacy Office
202-418-1569
-----Original Message-----
From: SOL
Sent: Wednesday, March 30, 2005 4:37 PM
To: KJMWEB
Cc: President@WhiteHouse.gov
Subject: Directv Sattlite Service
Dear Sir
I was a Direct Tv customer for over 10 years, last fall I changed to
Dish network because they could offer local stations. This was needed
because I live in the mountains of North Idaho and few over the air
station can be picked up.
I changed back to Dish Network because they now offer local stations out
of Spokane, Washington.
In the past with both Dish Network and Dish TV I had Distant Stations
out of the East coast but now they said I can't have them because of
some new law you have passed. Why can't I not get the same service I had
before, I thought I was grandfathered. Direct TV was happy to sell me a
$ 1000.00 dollar HD recorder but said I can not get Distant HD station
broadcast. We do not have HD local here and there no plans to get them.
Can you tell me the TRUE STORY, Directv is blaming everything on the
FCC.
Thanks
Sol
My letter to FCC at bottom of post
Thanks
Letter from FCC
Thank you for contacting the Federal Communications Commission.
The eligibility of a satellite TV subscriber to receive distant (NY/LA)
networks (whether analog or HD) is governed by a federal law and the law
does not grant the FCC to exercise discretion in this area.
In 1999, the Satellite Home Viewer Improvement Act (SHVIA) became law.
Among other things, the SHVIA authorized satellite TV companies to
provide local TV stations in areas where the company wished to do so.
The SHVIA also clarified that satellite TV subscribers were not eligible
to receive distant TV networks unless the local network affiliate did
not provide an adequate over-the-air signal to the subscriber's
location. In this regard, the SHVIA stated that a subscriber was
eligible to receive distant TV networks if the local network affiliates
did not provide a Grade B or better TV signal that the subscriber could
receive when using a conventional over-the-air roof antenna. (The
subscriber's ability to subscribe to cable TV service is not relevant).
In general, subscribers are required to obtain a waiver from the local
network affiliate prior to receiving a distant network. The waiver
indicates that the local station agrees that the subscriber cannot
receive at least Grade B local signal and authorizes the satellite
company to provide a distant network signal to that subscriber. The
SHVIA does not authorize the FCC to intervene if the local TV station
denies the waiver request.
The SHVIA did not specifically address whether subscribers were eligible
to receive waivers for the sole purpose of receiving a distant HD signal
and did not authorize the FCC to take any action on this issue. The
U.S. Copyright Office, however, expressed the opinion that the waiver
process did not apply to distant HD signals. (The U.S. Copyright Office
is authorized to enforce certain aspects of the SHVIA). Thus, federal
law does not authorize the FCC to require that satellite TV subscribers
purchase local TV signals in order to obtain distant analog or HD
network signals.
A recent federal law, however, appears to address your HD concerns. On
December 8, 2004, the Satellite Home Viewer Extension and
Reauthorization Act of 2004 ("SHVERA") was enacted as part of the
Consolidated FY 2005 Appropriations Act (P.L. 108-447). The SHVERA,
written by Congress, modified the SHVIA and made significant reforms
regarding the ability of satellite television subscribers to receive
local and distant broadcast network programming. Among other things,
the SHVERA generally authorizes satellite television carriers to provide
distant digital broadcast network signals to subscribers if certain
conditions are satisfied. For example, pursuant to the SHVERA, a
subscriber generally is eligible to receive the digital signal of a
distant network station if: (1) the subscriber is located outside of
the predicted coverage area of the analog signal of a local station
affiliated with that network; (2) the subscriber is "unserved", i.e.,
cannot receive, through the use of a conventional, stationary, outdoor
roof antenna, an over-the-air network of at least Grade B intensity as
defined by the Commission; or (3) a signal test demonstrates that the
subscriber cannot receive a local digital signal that exceeds the signal
intensity standard as defined by the Commission. It should be noted,
however, that the test procedures for digital service established by the
SHVERA do not become effective until April 30, 2006 for local stations
in the top-100 television markets, and for local stations that are not
within the top-100 television markets, the test criteria will be
effective on July 15, 2007.
Based on the above, whether a satellite company offers local TV stations
in the area and whether a subscriber purchases the local channels is not
relevant to the subscriber's eligibility to receive distant HD
programming.
However, the SHVERA requires that consumers who receive both local and
distant networks choose to receive one or the other; consumers can no
longer receive both.
This is not an FCC ruling and the law does not grant the FCC authority
to intervene. If you disagree with this law, you may either challenge
it in court or contact your representatives in Congress and propose that
the law be amended.
Hope this proves helpful.
C. Howell
Consumer & Governmental Affairs Bureau
Information Access & Privacy Office
202-418-1569
-----Original Message-----
From: SOL
Sent: Wednesday, March 30, 2005 4:37 PM
To: KJMWEB
Cc: President@WhiteHouse.gov
Subject: Directv Sattlite Service
Dear Sir
I was a Direct Tv customer for over 10 years, last fall I changed to
Dish network because they could offer local stations. This was needed
because I live in the mountains of North Idaho and few over the air
station can be picked up.
I changed back to Dish Network because they now offer local stations out
of Spokane, Washington.
In the past with both Dish Network and Dish TV I had Distant Stations
out of the East coast but now they said I can't have them because of
some new law you have passed. Why can't I not get the same service I had
before, I thought I was grandfathered. Direct TV was happy to sell me a
$ 1000.00 dollar HD recorder but said I can not get Distant HD station
broadcast. We do not have HD local here and there no plans to get them.
Can you tell me the TRUE STORY, Directv is blaming everything on the
FCC.
Thanks
Sol
