Again, I really think this is pointed at OTA tuner. After all, why would you WANT HD "turned on" on a receiver if you didn't subscribe to a package? To use it as OTA.
Why would you want an MPEG4 receiver that doesn't tune HD? The future, man, the future...
But also, it looks like it MIGHT apply to the HD only package. That would make no sense, but that's what another thread says.
Again, if you want an OTA tuner but don't want to pay the fee, buy a standalone one or a TV that has ATSC built in. Sure, those are still in the $300 extra fee category, but THAT is the crime. These boxes don't cost $50 bucks to make, and putting the chip in the TV costs far less than that, but they charge and arm and a leg, which is why some people were getting these HD boxes from dish for a "no-fee" initial program only to sign up for AT60 and then use the OTA tuner for their only HD. This new fee means you must pay $72 a year to "rent" the dish technology to watch OTA HD unless you buy an HD package from this.
And the idea of buying something with features disabled and having to pay extra for them to be enabled is NOT knew or illegal as long as you know.
Many high end video editing systems had this structure, certain computer applications have this "tiered" version which rellies solely on a dongle or access code, cars come with "onstar" or something else built in, but if you don't subscribe/renew, it is disabled, and even most vcrs (in the day) came in different versions, and they were all the same except for the remote that you got (or the menu enabled from the factory) that either provided or didn't provide access to certain features!