Judge Grants Echostar Restraing order against Viacom (1 Viewer)

Scott Greczkowski

Thread Starter
Welcome HOME to SatelliteGuys!
Staff member
HERE TO HELP YOU!
Sep 7, 2003
99,141
16,910
Newington, CT
EchoStar Statement on Ruling in Case against Viacom; Request for Temporary Restraining Order Granted

ENGLEWOOD, Colo.--(BUSINESS WIRE)--Jan. 16, 2004--EchoStar Communication Corp.'s DISH Network issued the following statement in response to the decision today by the U.S. District Court in San Francisco to grant EchoStar's request for a temporary restraining order allowing DISH Network to continue broadcasting Viacom and CBS channels.

"We are pleased that the court recognizes that the interest of the public is served by this temporary restraining order against Viacom and CBS; but we are especially pleased that the American TV viewer will have uninterrupted access to the public airwaves."

About EchoStar Communications

EchoStar Communications Corporation (Nasdaq:DISH) serves over 9 million satellite TV customers through its DISH Network(TM), and is a leading U.S. provider of advanced digital television services. DISH Network's services include hundreds of video and audio channels, Interactive TV, HDTV, sports and international programming, together with professional installation and 24-hour customer service. DISH Network is the leader in the sale of digital video recorders (DVRs). Visit EchoStar's DISH Network at www.dishnetwork.com or call 800-333-DISH (3474).


CONTACT: EchoStar Communication Corp.
Steve Caulk, 303-723-2010
steve.caulk@echostar.com

SOURCE: EchoStar Communication Corp.
 

Tampa8

Supporting Founder
Pub Member / Supporter
Lifetime Supporter
Sep 8, 2003
17,961
7,409
Tampa/Eastern Ct
Any lawyers out there know if there is a guideline when a Judge makes this decision? What I am wondering is, did Echostar have to show they are making a good faith effort to resolve this? That might give some insight as to what is going on.
 

mike123abc

Too many cables
Supporting Founder
Sep 25, 2003
23,555
2,222
Norman, OK
Story on it.

http://biz.yahoo.com/rc/040116/media_echostar_viacom_2.html

Viacom statement
http://biz.yahoo.com/prnews/040116/nyf094_1.html
 

TheForce

SatelliteGuys Master
Supporting Founder
Pub Member / Supporter
Oct 13, 2003
32,070
9,579
Jacksonville, FL, Earth
Frankly, I don't understand what the big deal is. Why is E* so against carriage of Nicktoons? I understand how Viacom wants to bundle Nicktoons as they probably couldn't sell it on it's own. Many channels of low demand are bundled. The referenced press releases didn't mention that there was some huge price increase which is usually E*'s complaint. It just says Viacom wants to add Nicktoons to the bundle. Anybody know the hidden truth to what's going on?

On the TRO- I agree that this was the right decision. Why should the viewers who purchased the Viacom channels and CBS in their subscription contracts suffer while negotiations are ongoing.
 

Harmon

Active SatelliteGuys Member
Oct 15, 2003
19
0
Tampa8 said:
Any lawyers out there know if there is a guideline when a Judge makes this decision? What I am wondering is, did Echostar have to show they are making a good faith effort to resolve this? That might give some insight as to what is going on.

Typically to secure a temporary restraining order or injunction you have to show (1) irreparable harm if the order is not granted, and (2) a likelihood of eventual success on the merits of your lawsuit.
 

Geronimo

Supporting Founder
Supporting Founder
Lifetime Supporter
Sep 9, 2003
11,986
1,578
Sure but that it is not as if we are confronted with that particular choice.
 

Tampa8

Supporting Founder
Pub Member / Supporter
Lifetime Supporter
Sep 8, 2003
17,961
7,409
Tampa/Eastern Ct
Harmon said:
Typically to secure a temporary restraining order or injunction you have to show (1) irreparable harm if the order is not granted, and (2) a likelihood of eventual success on the merits of your lawsuit.

#2 is what I was wondering about. Viacom knowing this might now be more willing to comprimise abit more.

As to why Dish is fighting this I won't post it all again, but this is a very important moment for cable and dbs. To come up with a new channel and insist it be carried or lose all the other channels is to me way beyond what is good for the public. They are trying more and more to dictate what Dish will carry. It isn't quite as simple as that, but close. You haven't seen rates rise anything like they will if Viacom succeeds, because others will follow. This isn't Charlie just looking out for us, he is a business man and wants the lowest cost for the highest profits. But we will gain in the end with lower prices.
 

Allamand

SatelliteGuys Family
Oct 5, 2003
87
0
Tampa8 said:
#2 is what I was wondering about. Viacom knowing this might now be more willing to comprimise abit more.

As to why Dish is fighting this I won't post it all again, but this is a very important moment for cable and dbs. To come up with a new channel and insist it be carried or lose all the other channels is to me way beyond what is good for the public. They are trying more and more to dictate what Dish will carry. It isn't quite as simple as that, but close. You haven't seen rates rise anything like they will if Viacom succeeds, because others will follow. This isn't Charlie just looking out for us, he is a business man and wants the lowest cost for the highest profits. But we will gain in the end with lower prices.


Sounds a lot like what Dish does to us though, giving us a lot of channels that are of no value to me! Also, this isn't a new channel, been around for a bit and I would love to have it for my two kids. In the 14 months I've been on Dish I have sen two price increases and no channels added I wanted.

Maybe they should have a POLL on there site and let the people decide by voting, that would be my idea if they really cared!
 

MikeD-C05

Pub Member / Supporter
Pub Member / Supporter
Nov 25, 2003
26,201
16,144
Nederland , Texas
IF Dish is fighting to save us money with Turner and Viacom then why are we getting a price increase next month? How do they justify one ? Or is this a price increase because Dish is going to cave to Viacom and pay the increase anyway? I would love to hear what Charlie would say to this one.
 

mkm4

SatelliteGuys Pro
Oct 13, 2003
617
0
MikeD-C05 said:
IF Dish is fighting to save us money with Turner and Viacom then why are we getting a price increase next month? How do they justify one ? Or is this a price increase because Dish is going to cave to Viacom and pay the increase anyway? I would love to hear what Charlie would say to this one.

Dish doesn't just carry channels from Turner and Viacom. Other channels have already raised their rates. The cost is being passed on to you.
 

MikeD-C05

Pub Member / Supporter
Pub Member / Supporter
Nov 25, 2003
26,201
16,144
Nederland , Texas
If that is true then why not tell us what provider charged more money. They certainly have no problem telling us about Turner and Viacom and their problems .
 

Bobby

Publican
Supporting Founder
Lifetime Supporter
Sep 7, 2003
61,218
14,134
Rohnert Park, CA
MikeD-C05 said:
If that is true then why not tell us what provider charged more money. They certainly have no problem telling us about Turner and Viacom and their problems .

They have been very upfront about ESPN costing 20% more this year. They always talk about the ones that they have negotiating problems with. This is nothing new, we've been there many times over the years.
 

Geronimo

Supporting Founder
Supporting Founder
Lifetime Supporter
Sep 9, 2003
11,986
1,578
C'mon Mike. In most cases those details can't be revealed and few of us would want it. The E negotiating position is that tehese increases are unjustified.
 

Alan Gordon

SatelliteGuys Pro
Oct 20, 2003
569
0
Dawson, GA
I was looking at the public area of the Echostar's retailer site today, and noticed they have new sheets with the new package names and prices, not to mention the new DHA plan and so forth. In the sheet that showed their programming packages, they still had the Viacom channels. If I was a business and worried that certain channels might be on, I'd make sure these new sheets are not available until I was sure I'd have them.


~Alan<~~~~~~~~Who REALLY wants to know what's up with Pegasus.
 

MikeD-C05

Pub Member / Supporter
Pub Member / Supporter
Nov 25, 2003
26,201
16,144
Nederland , Texas
I agree they are unjustified but why tell us of the terrible things that Turner and Viacom are doing to keep from having a price increase but say nothing about ESPN and just cave to their demands? So we are paying more money because of ESPN. They need to push these channels into an ala cart teir that we don't have to sub to if we don't want to. I for one do not care at all for sports channels and I am getting tired of paying for the ones who do. Maybe something we could hope for with Shiva is to hope they will allow more ala cart choices for the consumers. I know there has been talk about this option with cable, so why not satellite.
 

James Long

SatelliteGuys Pro
Oct 24, 2003
1,580
0
Michiana: South of the Border
MikeD-C05 said:
I agree they are unjustified but why tell us of the terrible things that Turner and Viacom are doing to keep from having a price increase but say nothing about ESPN and just cave to their demands? So we are paying more money because of ESPN.
Look at the cost difference between AT50/60 and AT50/60 Plus: $5 for your local RSNs. If you pay $5 more than AT60 Plus you can have AT120, with 28 more video chanels and 32 DishCD channels.

Just for grins, assume ESPN wants $2 for their channel and have it in the AT50/60 package. $18 Million collected for permission to use their channel. If they were not in AT50/60 they would still want "their" $18 Million (perhaps more, sinse they don't have the eyeballs to sell). Just for grins, assume $3.

If E* passes the savings on, they would cut AT60 by $2 and raise AT120 and above by another $1. The only way to turn it into a real savings is to make it a la carte, like the porn channels. ESPN will still want "their" $18 million, so don't expect ESPN to come cheap!

Everyone who likes sports and watches ESPN and the RSNs should thank those who do not for helping them pay for the channels. :D And the same goes for other non-mainstream channels. Imagine how much CNN and FoxNews would be if they wasn't paid for, in part, by people who only watch the other network.

MikeD-C05 said:
Maybe something we could hope for with Shiva is to hope they will allow more ala cart choices for the consumers. I know there has been talk about this option with cable, so why not satellite.
SHVIA (Sat Home View Improvement Act) currently deals with broadcast stations, not dedicated program feeds. That doesn't mean it cannot be addressed. :)

JL
 

Stargazer

Supporting Founder
Supporting Founder
Sep 7, 2003
16,561
338
Western WV
So what is Dish going to do? Give us another price increase if they keep the Viacom channels and add the new NickToons channel? There are plenty of NickToons on two Nickelodeon channels in the daytime anyways but some may like it for night time as well although thats when the kids should be in bed.

Basically they are trying to raise prices based on price increases of the programmers they are expecting them to want but trying to prevent from paying much more to keep the money themselves anyways in my opinion. Operating costs do increase though in addition to the programming provider price increases.
 

MikeD-C05

Pub Member / Supporter
Pub Member / Supporter
Nov 25, 2003
26,201
16,144
Nederland , Texas
I imagine that the recent announced price increase includes the price for the new Nicktoons. Dish is trying to get the cheapest price they can with this lawsuit and pocket the rest of the increase for themselves for more profit. Even a dollar extra on every customer would be a nice bit of money for Dish and their profit margins ( 9. million/ 9 million subs)
 

Users who are viewing this thread

Top