what the FCC says about SHVERA

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raidertillidizi

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Feb 2, 2005
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read below, I think it says if you have a waiver that D* should give you the channel. Can someone clarify this?



Thanks for contacting the FCC Consumer Center in Gettysburg PA.

We presume this issue is related to the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) of 2004, passed by the Congress and signed into law December 8, 2004, by the President, as an attachment to the omnibus appropriations bill for FY2005.

The FCC has not yet acted on those few, limited provisions of SHVERA on which the agency is required to act; no FCC rules implementing SHVERA have been written. SHVERA relates primarily to copyright, and while the FCC does not regulate copyright law, SHVERA includes a "significantly viewed" provision; the FCC will publish a list of significantly viewed stations and initiate a rulemaking to implement the significantly viewed provisions. The significantly viewed retransmission authorization allows satellite carriers to offer local TV signals from an adjacent market rather than the signals only from a viewer's home market.

Any consumer with concerns about satellite TV programming, and consumers formerly denied a waiver request may consider contacting the satellite company again, with a new waiver request; waiver requests must be submitted through the satellite company to the local network TV station; please see:
http://www.fcc.gov/mb/shva/shviafac.html

Analog and Digital TV waivers:

ANALOG TV: The current waiver procedures for distant analog (the familiar, conventional TV standard) network stations remain intact; that is, SHVERA provides a five-year extension of copyright authorizations for some forms of programming that were scheduled to expire at the end of 2004.

DIGITAL TV (DTV): For DTV (the umbrella term for various standards of enhanced- and high-definition TV) signals, Congress's decision is that the only satellite subscribers who can get distant DTV are those who have a waiver from the local station for distant signals or those who are predicted to be "unserved." Subscribers who are "unserved" for purposes of a distant analog signal are currently eligible for a distant DTV signal, except in a few markets in which the satellite carrier has a special arrangement with network "owned and operated" stations to permit the carrier to offer distant DTV of that network to subscribers in that market; therefore some consumers who want distant DTV signals may have their waiver requests denied, and there is nothing the FCC can do about it. Discussing waivers, a Library of Congress section-by-section analysis of SHVERA notes: "THE COMMITTEE DOES NOT INTEND THE FCC TO GRANT THESE WAIVERS OR PRESIDE OVER THE WAIVER PROCESS. WHETHER TO GRANT A WAIVER IS A DECISION TO BE MADE SOLELY BASED ON THE BROADCASTER'S OWN BUSINESS JUDGMENT . . ." [Upper-case emphasis added.]
 
So basically if they (Local broadcaster) claims that you get the DTV signal nothing you can do? For people in the Denver DMA I guess are going to have to "move" to a white area.

How is it that the FCC even issues these broadcasters a license...
 
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