Steve Mehs
03-27-03, 04:12 AM
A U.S. District Court in Florida dismissed a set of counterclaims EchoStar initiated against broadcasters in a suit originally brought by networks and their local affiliates in the fall of 1998.
According to court documents, EchoStar's counterclaims involved tortious interference, unfair competition, conspiracy to interfere with business relationships and engaging in unfair competition. Broadcast plaintiffs targeted by the motion filed for summary judgment in the matter, which was granted by the court. That move eliminated EchoStar's counterclaims.
EchoStar's remaining claim is a request for a declaratory ruling that it did not violate the Satellite Home Viewer Improvement Act (SHVIA), despite allegations from broadcasters that the company violated SHVIA regulations.
Eddie Fritts, president and CEO of the National Association of Broadcasters, said, "We are gratified that the judge in Florida found all of EchoStar's claims against broadcasters to be without merit. In light of this decision, we expect the court will soon fully vindicate broadcasters by holding EchoStar liable for massive violations of the SHVIA."
Motions that would decide the issue without need for a trial are still pending before the judge. The case is scheduled to go to trial the week of April 7.
In the original suit, broadcasters alleged that EchoStar violated SHVIA, including illegally providing distant network signals to subscribers already served by local broadcast stations.
EchoStar had no comment on the NAB statement or the court action.
From SkyReport (http://www.skyreport.com/skyreport/mar2003/032703.shtm#one) (Used with Permission)
According to court documents, EchoStar's counterclaims involved tortious interference, unfair competition, conspiracy to interfere with business relationships and engaging in unfair competition. Broadcast plaintiffs targeted by the motion filed for summary judgment in the matter, which was granted by the court. That move eliminated EchoStar's counterclaims.
EchoStar's remaining claim is a request for a declaratory ruling that it did not violate the Satellite Home Viewer Improvement Act (SHVIA), despite allegations from broadcasters that the company violated SHVIA regulations.
Eddie Fritts, president and CEO of the National Association of Broadcasters, said, "We are gratified that the judge in Florida found all of EchoStar's claims against broadcasters to be without merit. In light of this decision, we expect the court will soon fully vindicate broadcasters by holding EchoStar liable for massive violations of the SHVIA."
Motions that would decide the issue without need for a trial are still pending before the judge. The case is scheduled to go to trial the week of April 7.
In the original suit, broadcasters alleged that EchoStar violated SHVIA, including illegally providing distant network signals to subscribers already served by local broadcast stations.
EchoStar had no comment on the NAB statement or the court action.
From SkyReport (http://www.skyreport.com/skyreport/mar2003/032703.shtm#one) (Used with Permission)