Nick
12-21-05, 04:05 AM
Satellite TV companies stuck to their guns concerning the
delivery of multicast programming from Alaska and Hawaii
broadcasters, saying the mandate from the Federal
Communications Commission is an unreasonable and
unconstitutional interpretation of the Satellite Home Viewer
Extension and Reauthorization Act (SHVERA).
In a filing sent to the Portals Tuesday, DirecTV told the FCC
that required DBS delivery of local multicast programming for
Alaska and Hawaii places enormous capacity burdens on
satellite TV. "In order to meet these increased capacity
demands, DirecTV would have to reallocate transponders to
Alaska and Hawaii that otherwise would likely have been
allocated for use in providing HD locals service in other
markets," the company said.
In its comments, EchoStar detailed the constitutional
implications of mandating carriage of multicast signals. "The
fact that must-carry requirements burden the speech of
multichannel video programming distributors (MVPDs) is
undeniable. In essence, such laws dictate that MVPDs 'speak'
by carrying the messages of local broadcasters," the company
said.
While satellite TV fought the multicast mandate, the Alaska
Broadcasters Association supported the regulation in its
filing.
"The Supreme Court has upheld requirements, such as
must-carry, against First Amendment challenges when the
contested requirements further an important governmental
interest unrelated to the suppression of free expression and
any incidental burden on First Amendment freedoms is no
greater than essential to the furtherance of that governmental
interest," the association said in its FCC comments.
The new round of filings is tied to a request from the
National Association of Broadcasters asking the FCC to oppose
any changes in the multicast rules. EchoStar and DirecTV have
asked the commission to reconsider its multicast mandate for
the two states.
www.SkyRetailer.com - used with permission
delivery of multicast programming from Alaska and Hawaii
broadcasters, saying the mandate from the Federal
Communications Commission is an unreasonable and
unconstitutional interpretation of the Satellite Home Viewer
Extension and Reauthorization Act (SHVERA).
In a filing sent to the Portals Tuesday, DirecTV told the FCC
that required DBS delivery of local multicast programming for
Alaska and Hawaii places enormous capacity burdens on
satellite TV. "In order to meet these increased capacity
demands, DirecTV would have to reallocate transponders to
Alaska and Hawaii that otherwise would likely have been
allocated for use in providing HD locals service in other
markets," the company said.
In its comments, EchoStar detailed the constitutional
implications of mandating carriage of multicast signals. "The
fact that must-carry requirements burden the speech of
multichannel video programming distributors (MVPDs) is
undeniable. In essence, such laws dictate that MVPDs 'speak'
by carrying the messages of local broadcasters," the company
said.
While satellite TV fought the multicast mandate, the Alaska
Broadcasters Association supported the regulation in its
filing.
"The Supreme Court has upheld requirements, such as
must-carry, against First Amendment challenges when the
contested requirements further an important governmental
interest unrelated to the suppression of free expression and
any incidental burden on First Amendment freedoms is no
greater than essential to the furtherance of that governmental
interest," the association said in its FCC comments.
The new round of filings is tied to a request from the
National Association of Broadcasters asking the FCC to oppose
any changes in the multicast rules. EchoStar and DirecTV have
asked the commission to reconsider its multicast mandate for
the two states.
www.SkyRetailer.com - used with permission