01-07-02, 05:03 AM
The National Association of Broadcasters filed an emergency petition with the Federal Communications Commission last week asking the agency to clarify whether satellite TV providers can require viewers to obtain a separate dish to receive a selection of local channels.
The second dish option EchoStar is offering to its DISH Network customers supplies local networks outside of typical network affiliates, a list that includes the big four plus WB, PBS and UPN. The second dish channel set contains offerings such as independent stations, off-air shopping networks and Spanish-language programming, among others.
The NAB was joined by the Association of Local Television Stations in filing the emergency petition.
In its petition, the NAB said that by relegating stations to a second dish, "EchoStar apparently contends that this rank discrimination is consistent with the commission's rules, because it supposedly will offer to pay for the out-of-pocket cost of a second dish."
The petition added, "But even if EchoStar were seriously attempting to implement such an offer - which it manifestly is not - requiring subscribers to obtain a second dish to obtain 'disfavored' local stations would make a mockery of the carry-one, carry-all provisions" contained in the Satellite Home Viewer Improvement Act.
EchoStar responded by saying the company meets the statutory requirements of the must-carry law and complies with regulatory prohibitions against price discrimination by providing any necessary additional equipment for free. "We have constructed an interim plan that meets the letter and spirit of the law," the company said.
The company blamed two satellite manufacturers for delaying the shipment of new spacecraft built for delivering local channels. "Unfortunately, we were faced with a setback when the two companies providing our spot-beam satellites, Lockheed Martin and Loral, failed to meet their contractual obligations to deliver our satellites on time," EchoStar said. "The spot beam satellites are critical to our local signal carriage efforts."
In addition, EchoStar said its proposed merger with DirecTV and Hughes would allow for the delivery of more local channels.
"The NAB has presented conflicting opinions on EchoStar's carriage of local channels: On one hand, they have opposed EchoStar's pending merger with Hughes Electronics that would allow us to combine our satellite spectrum and resources to increase the number of local channels we could deliver to approximately 85 percent of the U.S. households," the company said. "On the other hand, the NAB is complaining that our current use of spectrum is not acceptable.
"However, without this interim solution, EchoStar would have been forced to remove local broadcast stations in numerous markets to comply. There's no pleasing the NAB."
From <a href="http://www.skyreport.com" target=none>SkyReport</A> (Used with permission)
The second dish option EchoStar is offering to its DISH Network customers supplies local networks outside of typical network affiliates, a list that includes the big four plus WB, PBS and UPN. The second dish channel set contains offerings such as independent stations, off-air shopping networks and Spanish-language programming, among others.
The NAB was joined by the Association of Local Television Stations in filing the emergency petition.
In its petition, the NAB said that by relegating stations to a second dish, "EchoStar apparently contends that this rank discrimination is consistent with the commission's rules, because it supposedly will offer to pay for the out-of-pocket cost of a second dish."
The petition added, "But even if EchoStar were seriously attempting to implement such an offer - which it manifestly is not - requiring subscribers to obtain a second dish to obtain 'disfavored' local stations would make a mockery of the carry-one, carry-all provisions" contained in the Satellite Home Viewer Improvement Act.
EchoStar responded by saying the company meets the statutory requirements of the must-carry law and complies with regulatory prohibitions against price discrimination by providing any necessary additional equipment for free. "We have constructed an interim plan that meets the letter and spirit of the law," the company said.
The company blamed two satellite manufacturers for delaying the shipment of new spacecraft built for delivering local channels. "Unfortunately, we were faced with a setback when the two companies providing our spot-beam satellites, Lockheed Martin and Loral, failed to meet their contractual obligations to deliver our satellites on time," EchoStar said. "The spot beam satellites are critical to our local signal carriage efforts."
In addition, EchoStar said its proposed merger with DirecTV and Hughes would allow for the delivery of more local channels.
"The NAB has presented conflicting opinions on EchoStar's carriage of local channels: On one hand, they have opposed EchoStar's pending merger with Hughes Electronics that would allow us to combine our satellite spectrum and resources to increase the number of local channels we could deliver to approximately 85 percent of the U.S. households," the company said. "On the other hand, the NAB is complaining that our current use of spectrum is not acceptable.
"However, without this interim solution, EchoStar would have been forced to remove local broadcast stations in numerous markets to comply. There's no pleasing the NAB."
From <a href="http://www.skyreport.com" target=none>SkyReport</A> (Used with permission)