Okay, this is a summary of the 90-day Compliance Report as it was issued by Dish Network on July 3rd. This is basically required by the FCC order DA 02-765 released April 4th. You can also compare this with the 30 day report. Please note that this is a SUMMARY of relevant points. I'm not about to retype the whole thing. This was mailed out to 36 people, most of who are FCC or members of the broadcasters. I will follow the general format of the report. Once again, these things are written by lawyers who can say something that can fit into two sentences into two paragraphs. I. SUMMARY - Echostar continues to believe that it's original method of implementing must carry complied with the law. Same thing, second verse, same as the first. A. Local-into-local - July 3rd * As the result of the successful launch of EchoStar VII, E* was able to transition some markets from a two-dish to a single dish. * E*7 offers local in 40 markets, with 13 being on a single dish. - Original single-dish markets were Austin TX, Birmingham AL, Portland OR, San Diego CA, Cincinnati, OH - Moved to single-dish were Salt Lake City UT, Kansas City MO, Charlette NC, Raleigh, NC - Service in Grand Rapids MI was originally two-dish, but shortly thereafter converted to single-dish. - E*7 also allowed EchoStar to introduce local service with a single dish to West Palm Beach FL, Honolulu HI, Oklahoma City, OK - While E*7 spot beams enables E* to transition some markets from a two-dish to a single-dish local situation and introduce new markets, the satellite doesn't have enough capacity to introduce single-dish local service in E*'s target new markets. Rather than freeze the rollout of local service and allow cable television to remain the unchallanged dominant MVPD in the majority of the nations DMAs, E* will introduce local service in some additional markets using a two-dish solution. (Subnote about Philadelphia 129) Note: No mention of the launch delay of EchoStar VIII. B. Status of Installs and Timetables (As of June 28th) (Since I can't reproduce charts, I'll just do my best. The 30 Day refers to the 30 day report, the 90 DAy refers to the 90-Day report)) - Second dish requests: 30 Day-12,942 (1,101 pending), 90 day-75,775 (21,773 pending) - Completed second dish installs: 30 Days-11,841, 90 day-54,002 - Average turnaround: --30 Day-8.1 Days. "In the first Compliance Report, 7,883 work orders, or about two-thirds of the 11,841 completed second dish installs, were completed less than 8 days after customer request was made. Almost 50% of the installations were completed less than four days after the customer request. There was an average of 1.7 days from the original schedules date to the date the work order was completed." --90 Day-13.7 Days "32,385 work orders, or almost two-thirds of the 54,002 completed second dish installations were completed less than 13 days after the customer request was made. Jobs were ccompleted, on average, 1.7 days earlier tan they were scheduled to be completed." Note: There was no mention of any equipment shortages. II. Compliance plan specifications A. Consumer Education of need for second dish CSR Training: - 30 Day report recap: The scripts that the CSRs use were rewritten. - Training continues. The example given was on the week of July 13th, all CSRs received the "Local Lowdown" training session where they viewed a video, then took a quiz. - Continued communication through e-mail and five minute meetings. Echostar CSRs get three types of e-mail. Code "red" e-mail must be read immediately, code "yellow" must be read by end of shift, and code "green" within 24-48 hours. - Other inhouse resources to keep up to date. Retailers: New advertising materials for retailers have been sent, and is updated as local situations change. Other Ongoing Publicity: The FYI spot has been running at a rate ranging from 1,5000 times per week when Dish began the program to 50 times per week over 87 channels. The FYI spot continues to run. B. Contiguous Channel Placement and Listing on Electronic Programming Guides The software is being rewritten so that channels which are available on a local market but require a second dish receive a message giving a number to call to get the dish if you don't have one installed. Here is the latest: - Software upgrade requires modification to the set top box (STB) table acquisition algorithm. - Full deloyment of said software should be completed by the end of July. - All of the 3900, 4900, 301D, and 301E STB have been upgraded, which represent 53% of E*'s STB population. - E* has also developed the software for the 501 (3% of all STBs), but has not yet completed testing and upgrading these models. E* expects to complete the 501 upgrade within two-three weeks. - As expected, E* has encountered some irregularities in the new EPG software, but expects to rectify the problem in time to complete software upgrades by the end of the month. Specifically, they are working on addressing EPG "lockup" or "freeze" occurring in the 1000, 2000, 3000, 4000, 5000, 6000, DishPlayer (7100/7200), and 2700/2800/3700 series STBs. They believe this to be a common problem among those receivers. Once this problem is resolved, E* will be in compliance. - If there are some unforseen obstacles that will prevent meeting the July 31st target date, E* will inform the FCC. Note: There was no mention that E* upgrading to map local channels into the actual channel position. III. Conclusion - E* has implemented and will continue to implement the FCCs recommendations, and will continue to do so. It is still challanging the FCC's assertion that that it "violated" any of the provisions of SHIVA. Note: EchoStar will have to file a report in early September to complete with the 150 day deadline.