Puerto Rico's Senate Law 2777 to intervine with Dish Network Discriminatory Practices

[rdavidowski]

Good Morning

As I stated on a past thread, the government decided to finaly intervene with the discriminatory practices of Dish Network TV services towards Puerto Rico's 4 millon US citizens. For those who thought that the government could not do something about this, there are in for a big surprice. As stated before the reason for Dish Network to put in place local offices did not only respond to give better services in PR but to attend government local tax regulations. Now the government is after discriminatory practices by Dish Network by not implementing in a timely manner (soon finaly will not be enough) services ofered nation wide and also for charging PR's costumers the same exact fees as costumers on the mainland without providing the same level of services. The government is at this moment seeking intervention by the FCC on this matter besides the local law being put in place. Remember that the FCC regulates all signals on all the United Sates and at the end that branch of the government represent us the consumer. The government is stating that there are more than 400,000 thousand satellite tv subrscribers on the island; boy did I was wrong about the 250,000 figure I sated before. This will also help our neighboors in the USVI and possibly Hawaii and Alaska as they are on the same spot as we are. This is the exact same thing that happen with Sirius/XM a year ago when they were forced to provide services in PR,Alaska and Hawaii and Puerto Rico beign benefited first with the service because our congresman at that time imposed a date for completion wish was 6 months at that time. Now is the time for Dish Network to respond, I guess know they are goin to magicaly come up with some room on their satellites to provide equal service like they are doing with the PBS channels nationwide, were they were stating that they did not had any space available until the FCC forced them. Or if in fact they don't have the space required to offer same service for same price then is time to lower the monthly charges on all PR/USVI/Alaska/Hawaii costumers. The proposed law 2777 states that JRT "Local Telecommunication Commision" intervenes with service claims, bill statements and service deficiensies made by clients towards Dish Network in Puerto Rico. The Law already received positive feedback form the senate so the only thing now holding the law is the state's local House of Representative wish also is inlined on giving it's approval. The players are: JRT (Junta Reglamentadora de Telecomunicaciones), FCC, the local PR state government and of course the Governor wish at the time of the Sirius/XM issue was the congressman who propossed the law that eventualy lead Sirius/XM to provide service in PR. They are also overlooking what type of office was setup in place by Dish Network on the island to provide local service wish we here in PR know that their are only two people working localy the rest is done by local retailers. So to the local retailers I take off my hat, they alone have made a big bussiness for Dish Network here on the island without Dish putting out much effort. Now let's just wait and see what comes off of this, now that somebody decided to do something about it. For the PR locals this today has made the news here in PR, you can see the report on the local news paper "El Nuevo Dia" page 36 and 37. For the rest of the Nation sorry the report is in spanish but basicaly I made a summary of the report here, I will check if the USA Today Puerto Rico Edition printed something and I'll post it, that of course in english.

 

[rdavidowski]

Update: The local Sate House of Representative already passed the law, it is the senate who is giving it a positive feedback and is going to vote on it. So guess we finally are going to get justice done here and hope this help our fellow friends on Alaska and Hawaii because the USVI by default, beign so close, is going to benefit. Also local office of DireecTV is objecting the law because they are claiming that the law is being taylord to attend Dish Network deficiencies on their bussiness on the island and that they beign also a satellite TV provider are going to be affected by adding bureaucratic procedures to something they already are doing because they do have offices in PR and provide local service demselfs something not done by DIsh. What DirecTV dose not say is that their offering on the island is subpar to the one offred to the rest of the nation, as Dish is also guilty of this. But to DirecTV's credit they don't charge the same for the service as they do on the rest of the nation. So I guess the government is going affter Dish Network with this law because their is no other satellite provider left.

 

[Tom_P]

Great information Rich.. let's se what happens after this.

 

[Awohar]

Ever hear of the word paragraph?

 

[navychop]

PR is not a state, and it's "rights" are murky. Certainly, Dish and any other company can charge different rates if they provide products or services "outside" the states. Perhaps that would be a benefit of becoming a state. Can't have all the same "rights" as the states without actually being one - or being granted such. "Justice" appears differently to people with different viewpoints. This may have to be decided by Congress or the Supreme Court. PR passing such a law might work, might not. How can they require a company to provide more? Maybe by withholding the right to do business there? But I believe that is controlled by Congress. I believe a state once passed, or almost passed, a law to make Pi equal to 3.

PR certainly, IMHO, has a better case in at least one regard, than AK & HI. And that is the availability of the same satellites as CONUS. AK & HI to some extend would require extra satellites, and perhaps in extra locations. Might cover American Samoa, too. Guam, of course, is American and they have citizenship but they certainly aren't going to be getting Dish or DirecTV anytime soon.

This is going to be interesting to follow.

 

[Bobby]

I am thinking that this could get out of hand. Like Dish just turning everything off in Puerto Rico, no service at all. Nobody has a right to service....

 

[rdavidowski]

Hey sorry for the paragraph beign omited. Was typing as I read the news this morning. And Navyshop I definitly agree with you on the rights issue of not beign a state, they are kind of murky for sure. And for this and other stuff I am a supported of satehood for the island but that is a matter of discussion on another forum. But besides, in my opinion, still what tips the balance in PR's favor is that their is a precedence in the issue that was resolved before "Sirius/XM". They had already satellites put in place covering the island but did not offer the service wish is the exact same spot Dish is in now. Dish has satellites in place but decided not to offer the same services and on top of that are charging the same as if we were receiving those services. Wish makes it worst of a situation for them than was the Sirus/XM issue wish did not provided service at all. And still they were forced to do it by the congress because if not the FCC were not going to approve the licensing for their merger.

And recognicing that the rights are on shaky ground here still the FCC and all federal laws apply here and they are doing bussiness in PR since 1997. And remember the local state government already force them to incorporate DISH here and to also put a local office in place. So apparently the local government has some theeth on the matter.

Also when I say "Local State Government" I say it because all federal agencies have a policy put in place to treat PR as if it was a sate. That was done by President Reagan in the early 80's and then ratified by George Bush, Bill Clinton and then Geaorge Bush jr. Also all the government in PR is organized resempling any other sate of the union exept for the tax office wish is a local agency and not the IRS. But still the local tax agency responds to the IRS. So basicaly the only difference between PR and any other sate is the Presidential voting issue and the representation in congress. Everything else is as if we were a state. No other territory has these conditions put in place not even USVI wish is next to us. Sory for this long political explanation but I thought it was pertinent to this issue.

 

[navychop]

I think the Sirius/XM matter is a bit different because IIRC it was a matter of allowing their signal to be active over PR. Not a matter of transponders or possible additional satellites due to built in footprint designs/limitations.

Dish would probably love to go whole hog; I suspect there have been some interpretations limiting them in the past when they designed earlier satellites. Or maybe they did a cost benefit analysis and decided to save a buck and stuck it to you. I suspect this law/process will ferret this out.

And one other teensy little difference. The large majority of Puerto Ricans do not pay federal income taxes. They do pay PR, more or less like state income taxes.

It is certainly going to be most interesting to see how this works out. I hope it's not one of those things that takes years and years and years to be completed.

 

[Derwin0]

Comcast & Time Warner offer different levels of service for their different markets at the same price, how is Dish Network any different?

Hawaii & Alaska get screwed as badly as Puerto Rico and they're States. This legislation will go nowhere.

 

[bobvick]

You are exactly right about the big cable companies. Charter is the cable company in the rural area that I live in in Alabama. They offer significantly less channels and avilable services to the rural area that they serve here, vs the more urban areas that they serve that are only about 35 miles away. The price is the same or more.

 

[Faw]

No other territory has these conditions put in place not even USVI wish is next to us.

FYI, wish="deseo" like "I wish we received all the HD", the one u want is which="cual".

 

[ljdonato]

For those interested, the article, in Spanish:

El peso de los satélites - El Nuevo Día

I haven't read the bill, but after reading the article, it seems to me that this won't have any effect whatsoever on programming. It seems that the bill just want to give jurisdiction to the local agency, over the FCC (but without overstepping their authority), for the follow-up of claims, etc.
I think claims in this instance would refer to matters of charges, disputes about services (like installations, etc.)
There is no mention of differences in channels provided, etc.

I hope I am wrong, you know I am the first one not happy with our current situation. At the same time, I hope this does not get in the way of the rumor about more HD that neljtorres talked about elsewhere. And of course, DISH could just leave (not likely, but a possibility).

Hoping this does not backfires. And, of course, hoping to get all the HD, for the same price, as CONUS.

 

[rdavidowski]

Thanks Faw I meant "which".

I am sure that every comment expressed by many here is right in everyway. But remember companies will do what ever they please until they find a large group of people that is willing to stand up and defend their rights. DIsh is in a tuff spot on this because of a few things: first they are doing bussines since 1997, second: They have a large portion of the market here, third: They have the satellite footprint and space and forth: They are charging the same for less.

Also PR has a local gov. agency called DACO that regulates this kind of things. For example we in PR are the only place in the US were their is a gasoline price cap, even when prices fluctuate elsewhere. This is enforced by DACO and like one of you said before, you live with that or leave. The point is: You are allowed to do bussines here as long as you are just and fair. Because of this we are one of the places in the US with the lowest gas prices; gas station owners sometimes have to make up what they don't make selling gas putting in place minimarkets and reparing cars. Dish is not going to leave also because of the large market share they have. Just like many national store chains do, like Sears, JCPenny, Walmart, Sams, Costco, Kmart, Bestbuy all have their number 1st or 2nd selling store here on the island. As incredible as this may seem you can berify this facts with any of them. Puertoricans usaly spend more than what we have, if you want a leason on consumerism come here. Their is a saying here that goes "La ultima la paga el Diablo" and this means that "The last debt the debil will end up paing for it".

Anyhow all of this comes to Dish knowing that we are good bussiness for them and that is good for them and is good with us here in PR. But knowing that they are a good company does not mean we are going to stand by and not ask for better service at a just price, not less than the rest of the nation but as equal. Let's see if the government can or can not influence the decisions of a company? I by resent past events think they will. But that is just my opinion.

 

[TNGTony]

Comcast & Time Warner offer different levels of service for their different markets at the same price, how is Dish Network any different?

The Difference is that these are terrestrial entities, not satellite. Terrestrial builds ate completely different. Cable also falls under different rules and mandated to serve the individual communities they serve. So the level of service and rates depends on what the community standard allow. There are a dozen different rate cards in my county alone depending on which community you live in. And the number of channels you get varies as well. Satellite does not have that distinction.

I see both sides of this argument. But comparing satellite delivered services to terrestrial service is not a good analogy.

 

[rdavidowski]

Navychop in the Sirius/XM issue they had satellite footprint over the island but after the order to put service in place they had to put local repeters all over the metro are of San Juan. By the FCC papers submited there were more than 10 repeaters that they had to put in place. So they did have to make a costly investment to put service in place.

 

[navychop]

Costly. Not nearly the cost of a chunk of satellite, though. But certainly this will bode well for getting better service.

 

[vcsatellite]

In Puerto Rico we have Dish Puerto Rico not Dish Network. Its different service from Dish Network exclusive for PR.

 

[rdavidowski]

Vcsatellite I respectfuly disagree with your statement. That is simply not the case. All bussiness and by that I mean: receiver activation, costumer support, proramming changes, billing are conducted through Dish Network. Dish Puerto Rico is only a marketing campaign to the public of Puerto Rico done in spanish, that's all. Hell even the local Dish office does not provide any real service to the general population. That is why the government is proposing this law. If what you say is true then why will the government bother with this. Again the only reason Dish Network has Dish Puerto Rico is for tax purposes that is all.

It is the same company and even what retailers are promoting here, the Dish Lationo Pkg, are offered to the rest of the nation. That is not exclusive to PR's subscribers. They just have activated Dish Latino Pkg on sat 72.7 that we don't even get a footprint here. And also we in Puerto Rico get the choice of subscribing to all the National Pkg. I for example have Americas Evrything, which the retailers do not promote here but it is a better pkg than the latino pkg is for what you get. So in reality they are the same company only that Dish Network is promoting programing here in PR of WHAT THEY THINK PR's MARKET IS INTERESTED. Which IMHO they have to rethink the strategy because that is not the case, people here are after the American programing not the Latino stuff, for that we have over the air signal. Every single person that I know has changed the latino pkg to the Americas Pkg directly with Dish Network through the phone after it was offered and install by the local retailer. Once they realice the real difference in pricing for what they get and that the channels were not what they were expecting to get they change. That is why DirectTV is loosing costumers here, because of their programming coming from Venezuelas satellite and not the US satellites. I'll bet that if DirecTV switches to US satellites Dish Network then will have a run for their money; real competition.

 

[Scott Greczkowski]

I am not sure PR can make any law which will change the way DISH operates, DISH is licencesed by Federal bodies and laws and that trumps any state laws that are made. (And PR is not even a state.) the government can do all the chest thumping they want but unfortunately its not going to change anything.

I have talked in the past with DIRECTV and PR and was told it would never be a profitable market for them. They are much more interested in DirecTV Latin America. The PR audience is small potatoes compared to DirecTV Latin America.

If anything I can see this chest thumping from PR actually slowing down progress by DISH Network in PR more then anything. Over the past 2 years DISH has made some major improvements into PR which nobody else has done. They are not perfect, but honestly what else is there?

 

[technoguy]

In Puerto Rico we have Dish Puerto Rico not Dish Network. Its different service from Dish Network exclusive for PR.

Victor my friend you're wrong in that statement,Dish Puerto Rico were born only to comply with the local tax code,We don't have any exlusive program or svc besides the name DN were required to register in the local State Department for the pourpose above mentioned.And I agree with Scott , there's nothing any local legislation can do to oversees program or services provided by Sat co besides taxing those,and they already have done that.However Scott you're deeply wrong in your stament that we are not a profit market,FYI we are the second market in sales nationwide(first in our district wich are 14 States)and the second in Dish Latino sales, wich is funny because the only State who sell more Latino than us is Illinois(Chicago area).The only reason Direct tv sales the Latino svc here is because they are only partners with some Venezuelans investors who pays them license fees and other royalties witch BTW they must sell their division or change the name here to comply with q federal court when they bought Liberty Cable.