11-28-01, 12:29 PM
As expected, broadcasters have voiced their opposition to a motion from satellite TV interests that asks an appeals court to stay must-carry mandates that kick in Jan. 1.
This week, the National Association of Broadcasters and other broadcast interests filed their opposition to the satellite industry move. Satellite TV interests want the appeals court hearing the case to stay must-carry mandates that kick in Jan. 1, arguing that litigation concerning the rules could be carried on beyond the date they become effective. The must-carry rules are contained in the Satellite Home Viewer Improvement Act (SHVIA).
In its opposition filings, broadcasters said, "It is worth noting that the satellite carriers motion would appear to be premised on the notion that this court is unaware that SHVIA's market-by-market license will become effective on Jan. 1." But the court scheduled expedited briefings and arguments "precisely because of the pendency of that date," the broadcasters said. "It is unclear why the court needs any further reminder."
Broadcasters also said satellite TV interests can't show that they will suffer any harm absent an injunction. "SHVIA imposes no restrictions or obligations," the broadcaster's filing said. "(Satellite) carriers will have an option to carry all local broadcast stations in each market in the country without obtaining copyright permission to do so. But they will not be forced to carry any station."
The Satellite Broadcasting and Communications Association, along with DirecTV and EchoStar, are fighting the must-carry rules. They have argued that the rules, which require DBS providers to carry all local stations in the markets they serve, are unconstitutional. The must-carry challenge is before the Fourth Circuit Appeals Court in Richmond, Va.
From Sky Report (http://www.skyreport.com/#one) [Used with Permission]
This week, the National Association of Broadcasters and other broadcast interests filed their opposition to the satellite industry move. Satellite TV interests want the appeals court hearing the case to stay must-carry mandates that kick in Jan. 1, arguing that litigation concerning the rules could be carried on beyond the date they become effective. The must-carry rules are contained in the Satellite Home Viewer Improvement Act (SHVIA).
In its opposition filings, broadcasters said, "It is worth noting that the satellite carriers motion would appear to be premised on the notion that this court is unaware that SHVIA's market-by-market license will become effective on Jan. 1." But the court scheduled expedited briefings and arguments "precisely because of the pendency of that date," the broadcasters said. "It is unclear why the court needs any further reminder."
Broadcasters also said satellite TV interests can't show that they will suffer any harm absent an injunction. "SHVIA imposes no restrictions or obligations," the broadcaster's filing said. "(Satellite) carriers will have an option to carry all local broadcast stations in each market in the country without obtaining copyright permission to do so. But they will not be forced to carry any station."
The Satellite Broadcasting and Communications Association, along with DirecTV and EchoStar, are fighting the must-carry rules. They have argued that the rules, which require DBS providers to carry all local stations in the markets they serve, are unconstitutional. The must-carry challenge is before the Fourth Circuit Appeals Court in Richmond, Va.
From Sky Report (http://www.skyreport.com/#one) [Used with Permission]