Distant Networks

[Taz]

I am kind of new to this forum not new to dish network. but my problem is I have had dish network distant networks ever since they were grandfathered in to me. I have kelp them and never moved never had them disconnected and have had them all this time. and just a few days ago I got a letter from dish network saying they were going to turn off my NBC channel in New York and my NBC channel in Los Angeles. I have called on several occassions and spoke with CSR's... Suprvisers and as high up as they will let me go. but they keep giving me a different excuse everytime I ask why are they being turned off. can someone correct me if I am wrong on this.... but don't the SHVIA isn't it still in effect until December 31, 2004? I am told over and over by dish network that this is no longer in effect. and they also tell me my local channels are available in my area and this makes me no longer available for distant networks. but to my understanding if you are grandfathered in you can keep them and get your locals as well. if anyone can help me on this I sure would appreciate it a lot. for I need any info as soon as possible. for they say my channels will be turned off June 16th. I know and understand dish network has rules and laws to abide by..... but what about the grandfathered clause until December 31, 2004? but the only two reasons they really give me is the grandfather clause is no longer in effect and I now have locals in my area. but I have several neighbors that have dish network and they get distant networks and they have received no letter telling them locals are available in their area and that they will lose their distant networks. which I hope they don't lose theirs and I don't want to lose my either ...(HELP) if anyone know of anything please let me know. and sorry for the long letter...... Taz

[Greg Bimson]

I read your email, but then I accidentally deleted it. I had entirely too much junk mail.

I will try to answer questions, using the SHVIA Fact Sheet from the FCC (http://www.fcc.gov/mb/shva/shviafac.html), as well as your quotes.

I am kind of new to this forum not new to dish network. but my problem is I have had dish network distant networks ever since they were grandfathered in to me. I have kelp them and never moved never had them disconnected and have had them all this time. and just a few days ago I got a letter from dish network saying they were going to turn off my NBC channel in New York and my NBC channel in Los Angeles. I have called on several occassions and spoke with CSR's... Suprvisers and as high up as they will let me go. but they keep giving me a different excuse everytime I ask why are they being turned off. can someone correct me if I am wrong on this.... but don't the SHVIA isn't it still in effect until December 31, 2004?Yes, the SHVIA is still in effect, with the grandfathering clause expiring on December 31, 2004.

However, you must make sure that you are technically grandfathered. If your NBC station is Grade A for you, you are not grandfathered. Here are other determinants from the SHVIA fact sheet:Also, grandfathered status only applies to subscribers who are receiving the same distant TV networks, from the same satellite company, using the same transmission technology, at the same location as they were on October 31, 1999 or when they were terminated after July 11, 1998. If grandfathered subscribers change satellite companies, switch to a new type of satellite dish, or move to a new address, they lose their grandfathered status and their eligibility to receive distant signals.This is also compounded by this statement:As with local signals, the satellite company determines whether to provide distant signals to eligible subscribers and which distant signals will be offered. Satellite companies also may charge an additional fee for these distant signals.Dish Network doesn't have to offer you a single distant if they don't want to.

The reality is that Dish Network is abiding by the rules. Dish Network can cut off your distant network service at any time. It does not matter whether you are grandfathered or not.

My whole problem with your scenario is that you cannot get a straight answer from them. My gut feeling is that Dish Network has an agreement with the NBC station in your market to cut off the distant subscribers in your area.

[Taz]

Thanks Greg,
For the reply. now this is what they're telling me that my NBC station has moved up to an Grade A but it is a weak grade A but never the less it is in the Grade A so that is why I am going to lose my distant NBC stations. but I have another question back a few years ago when I got my dish system before I could qualify for distant networks I had to have a dish Net. installer come out and do a siginal strenght test to see if I qualified for my distant channels. he ran the test and I passed to receive everyone of the distant channels because my siginal strenght was so poor because I live quite a ways away from the tv towers and live back in behind big mountains. so after I passed the test to receive the distant they turned them on and then right after that was when they grandfathered me in. so what they are telling me now is the grade A siginal from my NBC station means that I could get it with a rooftop antenna which is still not correct for it is as bad as it ever was. so since they added the local NBC to my area on satellite (On Dish) can I still request a siginal test to be done as stated in the SHVIA......

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12. What happens if the request for a waiver is denied?

A: The SHVIA provides that if the local network TV station(s) denies the request for a waiver, the subscriber may submit a request to the satellite company to have a signal strength test performed at the subscriber’s location to determine whether the subscriber’s signal is at least Grade B intensity. The satellite company and the local network TV station(s) that denied the waiver will then select a qualified and independent person to conduct the signal test. SHVIA requires that the test be performed no more than 30 days after the subscriber submits the request to the satellite provider. If the test reveals that the subscriber does not receive at least a Grade B signal of the local network TV station, the subscriber may receive the signal of a distant TV station that is affiliated with that network.

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does this apply for me to have the test done? to my understanding if they are telling me I can get the siginal from my NBC station by rooftop antenna when I cannot would this law here above apply to me to have either the nbc station or dish to run the test? for the NBC station in my area has denied me a waiver. thanks........ TAZ

[scooper]

THe whole problem with the "signal test" part of the SHVIA is that Congress forgot to put in a provision requiring the DBS providers OR the Stations to do it - or rather, there is no penalty for them to NOT do it. The FCC has designated the ARRL members as the qualified testors, but there is no requirement to actually DO the tests.

[Greg Bimson]

scooper is correct. The is no penalty for the DBS companies to refuse a signal test.

I just thought of something.

The DBS companies do not have to give you a single distant network if they don't want to. That makes the signal test moot. And this is especially true if the DBS companies are offering your local market.

That is why DirecTV is so stringent on qualifying for distant networks, while Dish Network is much more lenient.