Steveox
08-08-04, 07:44 PM
Charlie told us all to contact our congressmen to help dishnetwork to get more channels.The reason why dishnetwork cannot get more channels because the laws prevent them to.So i contacted mark foley (R) Congressman from florida this is what he e-mailed me back.
Thanks for contacting me about your satellite television service. I
appreciate hearing from you.
The 1999 Satellite Home Viewer Improvement Act (SHVIA) extended and
expanded upon provisions of the 1988 Satellite Home Viewer Act (SHVA). In
passing SHVA and SHVIA, Congress has attempted to balance the interests
of the broadcast, satellite, and cable industries, with the goal of
ensuring that as many households as possible have access to free local
television programming, while also enabling consumers to have as much
choice as possible both in TV programming and service providers.
SHVA, enacted in the early days of satellite television, allowed
satellite companies to retransmit broadcast network and superstation
programming only to households that could not receive "viewable" signals via
over-the-air antennas because they are too distant from the transmitters,
or in areas where TV signals are blocked by buildings or terrain
(formally called "unserved households"). The limitation was designed to
protect the nationwide system of broadcast network affiliates, which depend
on advertising revenue based on their number of viewers. The goal is
to preserve "localism," where consumers can watch local news, weather,
and community-oriented programs. The availability of local programming
is largely dependent on network affiliates, which in turn are dependent
on viewers. Under SHVA, satellite companies could retransmit broadcast
network programming only to unserved households, so the majority of
viewers would watch their local affiliate. But the small percentage of
consumers in unserved households could also receive network programs,
even though they came from an "out-of-market" affiliate. These out-of
market signals are called "distant network signals."
SHVA created a five-year "compulsory copyright license" wherein
satellite companies may retransmit distant network signals to unserved
households without permission from the copyright owners, and the government
sets the price the satellite companies pay as copyright royalties. The
satellite companies pay the royalties to the Copyright Office of the
Library of Congress, which passes them on to the copyright owners. A
similar compulsory copyright license was given to cable companies in 1976,
although the cable license is permanent. The satellite distant network
signal license is codified in §119 of the Copyright Act (Title 17
U.S.C.), and was renewed for another five years in 1994. It was extended
for a further five years in SHVIA, and is now set to expire on December
31, 2004.
In addition to extending the distant network signal compulsory license,
SHVIA significantly expanded upon SHVA by allowing satellite companies
to retransmit local broadcast network programming back into the same
market area where it originated--called "local-into-local" service. The
law permits, but does not require, satellite companies to offer
local-into-local service. SHVIA created a royalty-free compulsory copyright
license for local-into-local satellite signals that is codified in §122
of the Copyright Act, and is permanent, like the cable license. As of
June 7, 2004, EchoStar offered local-into-local in 128 of the 210
Designated Market Areas (DMAs) in the country. DirecTV offered it in 77
DMAs, and plans to increase that number to at least 130 by the end of
2004. Under SHVIA, subscribers in DMAs where local-into-local is offered
may also receive distant network signals if they meet the eligibility
requirements.
The distinction between local and distant network signals is important
for understanding SHVIA. A local signal is received within a broadcast
network television affiliate's local market area. A distant network
signal is from elsewhere in the country. For example, if a consumer
lives in Denver and receives a signal from a Denver network affiliate, that
is a local signal. If a consumer lives in West Virginia and receives a
signal from that Denver network affiliate via satellite, it is a
distant network signal.
The Congress is currently working on legislation to expand consumer
choice in satellite viewing. Thanks again for contacting me on this
issue.
Thanks for contacting me about your satellite television service. I
appreciate hearing from you.
The 1999 Satellite Home Viewer Improvement Act (SHVIA) extended and
expanded upon provisions of the 1988 Satellite Home Viewer Act (SHVA). In
passing SHVA and SHVIA, Congress has attempted to balance the interests
of the broadcast, satellite, and cable industries, with the goal of
ensuring that as many households as possible have access to free local
television programming, while also enabling consumers to have as much
choice as possible both in TV programming and service providers.
SHVA, enacted in the early days of satellite television, allowed
satellite companies to retransmit broadcast network and superstation
programming only to households that could not receive "viewable" signals via
over-the-air antennas because they are too distant from the transmitters,
or in areas where TV signals are blocked by buildings or terrain
(formally called "unserved households"). The limitation was designed to
protect the nationwide system of broadcast network affiliates, which depend
on advertising revenue based on their number of viewers. The goal is
to preserve "localism," where consumers can watch local news, weather,
and community-oriented programs. The availability of local programming
is largely dependent on network affiliates, which in turn are dependent
on viewers. Under SHVA, satellite companies could retransmit broadcast
network programming only to unserved households, so the majority of
viewers would watch their local affiliate. But the small percentage of
consumers in unserved households could also receive network programs,
even though they came from an "out-of-market" affiliate. These out-of
market signals are called "distant network signals."
SHVA created a five-year "compulsory copyright license" wherein
satellite companies may retransmit distant network signals to unserved
households without permission from the copyright owners, and the government
sets the price the satellite companies pay as copyright royalties. The
satellite companies pay the royalties to the Copyright Office of the
Library of Congress, which passes them on to the copyright owners. A
similar compulsory copyright license was given to cable companies in 1976,
although the cable license is permanent. The satellite distant network
signal license is codified in §119 of the Copyright Act (Title 17
U.S.C.), and was renewed for another five years in 1994. It was extended
for a further five years in SHVIA, and is now set to expire on December
31, 2004.
In addition to extending the distant network signal compulsory license,
SHVIA significantly expanded upon SHVA by allowing satellite companies
to retransmit local broadcast network programming back into the same
market area where it originated--called "local-into-local" service. The
law permits, but does not require, satellite companies to offer
local-into-local service. SHVIA created a royalty-free compulsory copyright
license for local-into-local satellite signals that is codified in §122
of the Copyright Act, and is permanent, like the cable license. As of
June 7, 2004, EchoStar offered local-into-local in 128 of the 210
Designated Market Areas (DMAs) in the country. DirecTV offered it in 77
DMAs, and plans to increase that number to at least 130 by the end of
2004. Under SHVIA, subscribers in DMAs where local-into-local is offered
may also receive distant network signals if they meet the eligibility
requirements.
The distinction between local and distant network signals is important
for understanding SHVIA. A local signal is received within a broadcast
network television affiliate's local market area. A distant network
signal is from elsewhere in the country. For example, if a consumer
lives in Denver and receives a signal from a Denver network affiliate, that
is a local signal. If a consumer lives in West Virginia and receives a
signal from that Denver network affiliate via satellite, it is a
distant network signal.
The Congress is currently working on legislation to expand consumer
choice in satellite viewing. Thanks again for contacting me on this
issue.