I am not advocating theft of copyright material...I am just advocating access to it paying any and all fees, royalties, etc...Let that be my choice and most importantly my right as a consumer...
WE DID IT! Distant Networks May Be Saved By Senate!
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I am not advocating theft of copyright material...I am just advocating access to it paying any and all fees, royalties, etc...Let that be my choice and most importantly my right as a consumer...
In addition to the fat lady not looking so hot, I hate the song she's now singing. So long Dish. Hello cable.
EchoStar Loses Another Court Round
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By Ted Hearn 11/21/2006 12:15:00 PM|
A federal judge in Florida ruled Monday that Dec. 1 will remain the date on which EchoStar Communications has to cease providing distant feeds of ABC, NBC, CBS and Fox programming to 850,000 customers.
EchoStar, citing various business-operations concerns, had asked U.S. Judge William Dimitrouleas to move the date of his injunction from Dec. 1 to April 16.
Noting that EchoStar has known since May 23 that a permanent nationwide injunction was likely, Dimitrouleas rejected the idea that the direct-broadcast satellite provider didn’t have sufficient time to cope with a shutoff.
“The time to prepare for such an outcome was months ago, when EchoStar first learned of the likelihood of entry of a nationwide injunction, not weeks before the injunction would take effect,” Dimitrouleas said in a three-page opinion.
Distant network signals originate outside the home market of subscribers. Subscribers who can view local network affiliates with antennas are barred from buying distant signals. EchoStar was found to have violated federal copyright law by selling distant network signals to hundreds of thousands of legally ineligible customers.
In the opinion, Dimitrouleas said he had already accommodated EchoStar to some degree by not imposing the injunction immediately Oct. 20.
“Therefore, no further extension of time is warranted. Any unfortunate interruption of service to EchoStar’s clients continues to be the responsibility of EchoStar,” Dimitrouleas added.
EchoStar has pending before the U.S. Court of Appeals for the 11th Circuit a motion to stay the Dec. 1 injunction.
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By Ted Hearn 11/21/2006 12:15:00 PM|
A federal judge in Florida ruled Monday that Dec. 1 will remain the date on which EchoStar Communications has to cease providing distant feeds of ABC, NBC, CBS and Fox programming to 850,000 customers.
EchoStar, citing various business-operations concerns, had asked U.S. Judge William Dimitrouleas to move the date of his injunction from Dec. 1 to April 16.
Noting that EchoStar has known since May 23 that a permanent nationwide injunction was likely, Dimitrouleas rejected the idea that the direct-broadcast satellite provider didn’t have sufficient time to cope with a shutoff.
“The time to prepare for such an outcome was months ago, when EchoStar first learned of the likelihood of entry of a nationwide injunction, not weeks before the injunction would take effect,” Dimitrouleas said in a three-page opinion.
Distant network signals originate outside the home market of subscribers. Subscribers who can view local network affiliates with antennas are barred from buying distant signals. EchoStar was found to have violated federal copyright law by selling distant network signals to hundreds of thousands of legally ineligible customers.
In the opinion, Dimitrouleas said he had already accommodated EchoStar to some degree by not imposing the injunction immediately Oct. 20.
“Therefore, no further extension of time is warranted. Any unfortunate interruption of service to EchoStar’s clients continues to be the responsibility of EchoStar,” Dimitrouleas added.
EchoStar has pending before the U.S. Court of Appeals for the 11th Circuit a motion to stay the Dec. 1 injunction.
The FCC issued a report to congress Dec 09 (attached PDF file below) stating, among other things, that the existing Longley-Rice model currently used for predicting analog signals was also ok for predicting digital signals.
I don't know about other places but this system has been horribly inaccurate for my location for analog and I can't get any of the new digital, so I suspect it's probably unreliable for many other rural areas with mountainous terrain as well.
In my opinion, the way SHVERA was written in '04 and the way the FCC has responded since, has basically been an attempt to stall creating any clear rules for reception of digital signals in an attempt to give affiliates (the NAB) more time to get their collective sh*t together without any danger loosing their viewership to digital distants. They knew then that the '06 analog cutoff was going to be pushed back but because the major networks were going to all have a complete prime time lineup in HD, many people that had invested in HD were going to be hopping mad.
Congress needs to provide satellite companies with an appropriate method to determine which customers can qualify for HD DNS and create a specific retrans license for them. In exchange, satellite companies must make every effort to launch digital LiLs in every market as soon as possible. This will force affiliates to either get a decent digital signal to the viewer's rooftop antenna or a satellite uplink facility.
My point was that just because something is "law" does not it make right and just. I was using an extreme example to make my point.
What we have here are protected monopolies. Throughout the business world, corporations have been torching the middleman. Airlines drove travel agencies out of business by selling direct to consumers. Ditto for Sony and Apple through setting up their own stores to begin to bypass Best Buy and Circuit City. Hopefully this trend will hit TV with TV over IP. I rail against any industry that tries to exert control over me...
What we have here are protected monopolies. Throughout the business world, corporations have been torching the middleman. Airlines drove travel agencies out of business by selling direct to consumers. Ditto for Sony and Apple through setting up their own stores to begin to bypass Best Buy and Circuit City. Hopefully this trend will hit TV with TV over IP. I rail against any industry that tries to exert control over me...
1st time poster.
Well isn't that just the pits. Color me frustrated.
I am a physically challenged retired person who lives on a meager fixed income in a sparsely populated remote rural region . My property and home is in a very deep canyon. I am one of the pathetic few who will not be served DNS as a consequence of Echo-Star's impudent non-compliance with SHVA/SHVIA, SHVERA etc and the 11th circuit court injunction.
The deep canyon and abutting property owners' tall trees block over the air local channel reception transmitted or retransmitted by local affiliated networks in my DMA (SW SD). Think of my residential location as a black hole of signal reception. Additionally, I can only receive one weak signal to one pathetic local radio station. I cannot get cell phone signal reception either, so I don't have one. TV and dial up internet are my lifeline to happenings in the outside world. I'm grateful for the technology which makes this possible for me. None of this existed when I was a kid. Lots of folks who post on these forums don't have a clue how fortunate they are. Some of them are spoiled, selfish, self centered brats, IMHO.
Cable providers do not service my location. Period.
In 1999, Dish Network was the only available service provider with a product I could subscribe to in my remote rural area. Their field rep who initially hooked my satellite system up in 1999 was just barely able to get a line of site to the 110/119 or whatever at that time. I got nothing but dancing white out snow reception for local channel reception with rabbit ears or roof top antenna. I qualified in every way a for DNS and received a waiver. I paid for and received a legitimately qualified NY DNS subscription. Everything was ducky. I settled into my recliner and life thundered on.
A couple of years ago, Dish Network was allowed to offer local affiliated network broadcasts in my DMA. This required placement and wiring of a second dish into my home to receive 148 for my DMA locals. Remember, I was content receiving major network broadcasts at all, local or distant.
Not one, but two separate Dish Network field crews were dispatched to my residence to hook up the second necessary dish to receive 148 signal transmission. Both times. they were unable to find a line of site anywhere on my property to receive Grade B or better 148 signals. Both times, I requalified yet again to legitimately receive DNS. I retained my legitimate waiver subscription for NY DNS.
I am a respectful citizen and consumer committed to full compliance with the laws of this land whether I like them or not. Laws can be amended or revoked if they are unsatisfactory. There is no excuse for impudent non-compliance with law. Seek every legal avenue of remedy for whatever you don't like to change it. Compliance with law improves every American citizen's quality of life, including the privilege to be allowed to have an option to receive satellite broadcast services irregardless of what type of broadcast signals I can or can't currently receive under the law.
I did not abuse SHVERA. I was fully qualified and compliant to the letter of the law, unlike others who, for reasons of their own, did not. Consequentially, I am soon to be unfairly penalized and denied DNS service by the only provider available to me to receive the option/choice to pay for a DNS subscription.
Fast forward to Nov.15th, 2006
I received a postcard from Dish Network notifying me my DNS would be cut off by Dec 1st.
I immediately called Dish Network customer service and was assisted by one of the nicest, most articulate and genuinely compassionate customer service representatives I have ever dealt with in my entire life.
On Nov 17th, yet another top notch Dish Network field agent was dispatched to my property in a last ditch effort to "do whatever it takes" at "no cost to me" to find a line of site for 148. Guess what? Still no line of site.
In desperation I contacted a local Direct TV sales rep, since Direct TV just recently began providing services in my DMA region. Alas, the canyon and trees block Direct TV line of site .. no place to place Direct TV dishes to receive Grade B local *and/or* DNS, so my last option to receive local or DNS went poof.
I am resigned and despondent. Shortly, I will have no option to get local affiliated or DNS national broadcast programming until such a time:
a)Congress amends this oversight in SHVERA to protect qualified, compliant Dish Network customers and allow them to receive DNS;
b) The 11th circuit court cuts compliant qualified Dish Network customers some slack and allows Echo Star to extend or continue DNS service the few folks like myself who have no optional service provider but Dish Network to receive ABC, CBS, NBS, FOX and PBS. Apparantly not going to happen.
c) Dish Network shifts my DMA locals so I can receive them where my 110/119 dish is located on the one and only place I get reception to their satellites.
I've sent a barrage of correspondence to my Congressional Representative and 2 Senators. I received a reply from my representative. My senators ignored and did not reply to my correspondence. I will remember this in Nov. 2008.
I beg everyone who cares to bombard their congressional representatives to help out the few pathetic people like me who did nothing to contribute to this situation. I'm not looking for high tech bells and whistles, I'm not a football fan (NASCAR Nextel Cup fan .. won't be able to see my races live anymore .. grrr). I just an oldster who wants to be able to watch my favorite national news and Prime Time broadcast programming from the only provider I can *currently* get this service from (Dish).
Who knows? One day you could find yourselves in a situation like I'm in and will need and ask for my help and support. I've done everything on my part that I could to solve my own particular problem on behalf of myself and all the others who are being unfairly penalized like me because of SHVERA non-compliance by Echo Star and dodgey illegitimate DNS subscribers. You know who you are .. thanks a lot for ruining one of the last remaining quality of life pleasures in my life because of your collective thoughtless selfishness, insatiable greed, and disrespectful disregard for others and the law. Bring on the comet.
Well isn't that just the pits. Color me frustrated.
I am a physically challenged retired person who lives on a meager fixed income in a sparsely populated remote rural region . My property and home is in a very deep canyon. I am one of the pathetic few who will not be served DNS as a consequence of Echo-Star's impudent non-compliance with SHVA/SHVIA, SHVERA etc and the 11th circuit court injunction.
The deep canyon and abutting property owners' tall trees block over the air local channel reception transmitted or retransmitted by local affiliated networks in my DMA (SW SD). Think of my residential location as a black hole of signal reception. Additionally, I can only receive one weak signal to one pathetic local radio station. I cannot get cell phone signal reception either, so I don't have one. TV and dial up internet are my lifeline to happenings in the outside world. I'm grateful for the technology which makes this possible for me. None of this existed when I was a kid. Lots of folks who post on these forums don't have a clue how fortunate they are. Some of them are spoiled, selfish, self centered brats, IMHO.
Cable providers do not service my location. Period.
In 1999, Dish Network was the only available service provider with a product I could subscribe to in my remote rural area. Their field rep who initially hooked my satellite system up in 1999 was just barely able to get a line of site to the 110/119 or whatever at that time. I got nothing but dancing white out snow reception for local channel reception with rabbit ears or roof top antenna. I qualified in every way a for DNS and received a waiver. I paid for and received a legitimately qualified NY DNS subscription. Everything was ducky. I settled into my recliner and life thundered on.
A couple of years ago, Dish Network was allowed to offer local affiliated network broadcasts in my DMA. This required placement and wiring of a second dish into my home to receive 148 for my DMA locals. Remember, I was content receiving major network broadcasts at all, local or distant.
Not one, but two separate Dish Network field crews were dispatched to my residence to hook up the second necessary dish to receive 148 signal transmission. Both times. they were unable to find a line of site anywhere on my property to receive Grade B or better 148 signals. Both times, I requalified yet again to legitimately receive DNS. I retained my legitimate waiver subscription for NY DNS.
I am a respectful citizen and consumer committed to full compliance with the laws of this land whether I like them or not. Laws can be amended or revoked if they are unsatisfactory. There is no excuse for impudent non-compliance with law. Seek every legal avenue of remedy for whatever you don't like to change it. Compliance with law improves every American citizen's quality of life, including the privilege to be allowed to have an option to receive satellite broadcast services irregardless of what type of broadcast signals I can or can't currently receive under the law.
I did not abuse SHVERA. I was fully qualified and compliant to the letter of the law, unlike others who, for reasons of their own, did not. Consequentially, I am soon to be unfairly penalized and denied DNS service by the only provider available to me to receive the option/choice to pay for a DNS subscription.
Fast forward to Nov.15th, 2006
I received a postcard from Dish Network notifying me my DNS would be cut off by Dec 1st.
I immediately called Dish Network customer service and was assisted by one of the nicest, most articulate and genuinely compassionate customer service representatives I have ever dealt with in my entire life.
On Nov 17th, yet another top notch Dish Network field agent was dispatched to my property in a last ditch effort to "do whatever it takes" at "no cost to me" to find a line of site for 148. Guess what? Still no line of site.
In desperation I contacted a local Direct TV sales rep, since Direct TV just recently began providing services in my DMA region. Alas, the canyon and trees block Direct TV line of site .. no place to place Direct TV dishes to receive Grade B local *and/or* DNS, so my last option to receive local or DNS went poof.
I am resigned and despondent. Shortly, I will have no option to get local affiliated or DNS national broadcast programming until such a time:
a)Congress amends this oversight in SHVERA to protect qualified, compliant Dish Network customers and allow them to receive DNS;
b) The 11th circuit court cuts compliant qualified Dish Network customers some slack and allows Echo Star to extend or continue DNS service the few folks like myself who have no optional service provider but Dish Network to receive ABC, CBS, NBS, FOX and PBS. Apparantly not going to happen.
c) Dish Network shifts my DMA locals so I can receive them where my 110/119 dish is located on the one and only place I get reception to their satellites.
I've sent a barrage of correspondence to my Congressional Representative and 2 Senators. I received a reply from my representative. My senators ignored and did not reply to my correspondence. I will remember this in Nov. 2008.
I beg everyone who cares to bombard their congressional representatives to help out the few pathetic people like me who did nothing to contribute to this situation. I'm not looking for high tech bells and whistles, I'm not a football fan (NASCAR Nextel Cup fan .. won't be able to see my races live anymore .. grrr). I just an oldster who wants to be able to watch my favorite national news and Prime Time broadcast programming from the only provider I can *currently* get this service from (Dish).
Who knows? One day you could find yourselves in a situation like I'm in and will need and ask for my help and support. I've done everything on my part that I could to solve my own particular problem on behalf of myself and all the others who are being unfairly penalized like me because of SHVERA non-compliance by Echo Star and dodgey illegitimate DNS subscribers. You know who you are .. thanks a lot for ruining one of the last remaining quality of life pleasures in my life because of your collective thoughtless selfishness, insatiable greed, and disrespectful disregard for others and the law. Bring on the comet.
Rhetorically, I ask again, is the cable company going to illegally provide distant locals that Dish no longer can?
No, but minnow's problem is that he will not get networks of any kind from Dish Network, but can from his local cable company.
Judge William Dimitrouleas = Satan/in bed with the NAB. How do I write this POS? I have a three page letter oN my opinion of him I'd like to share.
I am now convinced that there are many individuals whose entire life revolves around a warm, glowing, rectangular box. How else to explain some of the absurd posts? Advice to whom it may concern: Get out into the real world, meet and interact with real people. It may be a challenge at first (consider some therapy) but it will be worth it!
And there are certain individuals here whose life revolves around setting the rest of the world straight. I know because I tend to be that way sometimes (in another life) myself.
My advice (not that you asked for it mind you) would be to put some of these repeat "offenders" on your ignore list or learn a little tolerance and patience. They could be just trying to goad you into one of those cheerful responses you've become famous for.
Who the hell are you to judge me or anyone else here who are affected by this. Maybe you aren't affected, maybe you don't watch the nets. I don't care about your situation. But to some of us, this is a big deal and will affect our enjoyment of TV. Maybe it's you who should get out and see the world and just maybe you'll be able to interact with others who are not so self-centered and myopic as you appear to be.
Longley-Rice is not perfect. The software itself indicates that some answers are nebulous when the terrian is unusual. The solution is on-site testing, which will be a part of the rules. However, Congress is fed up with the games that have been played and would much rather see HD Local-into-Local on a larger scale.
