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FCC Moves on Significantly-Viewed

Discussion in 'Legislative and Regulatory Issues' started by Nick, Nov 7, 2005.

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  1. Nov 7, 2005 #1 of 33
    Nick

    Nick Retired, part-time PITA DBSTalk Club

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    The...
    Late last week, the Federal Communications Commission
    released an order that paves the way for satellite TV services
    to offer significantly-viewed signals of out-of-market TV
    stations to subscribers.

    The FCC said the significantly-viewed rules for satellite TV
    will operate in much the same fashion as they have for cable.
    Involved parties must petition the FCC when seeking to either
    add a station to the significantly-viewed list for a particular
    community, or restrict carriage of a listed station through
    network non-duplication or syndicated exclusivity rules.

    Also, the FCC said a satellite TV subscriber must first be
    receiving a local market network station in order to be
    eligible to receive a significantly-viewed station affiliated
    with the same network.

    In addition, satellite TV services must notify all TV stations
    in a market of their intention to retransmit a
    significantly-viewed signal within 60 days of service.

    The significantly-viewed rules are part of the FCC's
    implementation of the Satellite Home Viewer Extension and
    Reauthorization Act.

    www.SkyReport.com - reprinted with permission
     
  2. Nov 7, 2005 #2 of 33
    Tower Guy

    Tower Guy Godfather

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    There are at least two exceptions to the LiL requirement;

    1. SV can be imported where there is no affiliate with the same network affiliation as the SV station even if there is no LiL.

    2. SV can be imported to anyone who obtains a waiver from the in-market affiliate.

    For instance, Utica, NY is not a LiL market for either D* or E*. There is no CBS affiliate in Utica. The CBS station in Schenectady, WRGB, is SV in both Otsego County and Herkimer County. Those two counties may receive WRGB automatically. The ABC station from Albany, WTEN, is SV in Herkimer County. A waiver from the Utica ABC affiliate, WUTR, would be necessary prior to importation of WTEN.

    The satellite companies are not required by law to provide SV stations but may do so at their own discretion. There are 60 day reporting requirements to affiliates that must be mailed out prior to any SV importation.
     
  3. Nov 8, 2005 #3 of 33
    TNGTony

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    One other statutory exception in the SHVREA is already being served by Dish. The two Mississippi counties in the Baton Rouge TV Market are now getting significantly viewed channels from Jaclkson. Baton Rouge locals are not available through Dish at this time.

    See ya
    Tony
     
  4. Nov 8, 2005 #4 of 33
    Tower Guy

    Tower Guy Godfather

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    The third exception is for the entire state with only one affiliate if that station is located in the capital TV market. This is true for some stations in Burlington, VT, but not the NBC station in Plattsburg, NY.

    (Mississippi has five CBS affiliates.)
     
  5. Nov 8, 2005 #5 of 33
    Alan Gordon

    Alan Gordon Chancellor

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    I'm assuming this is only for the top 4 networks, and not the WB?!

    ~Alan
     
  6. Nov 9, 2005 #6 of 33
    Tower Guy

    Tower Guy Godfather

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    I went back and reread the text of SHVERA pertaining to capital stations. It's more limiting than I remembered. I guess it pertains to Jackson, MS stations.

    ``(iv) CERTAIN ADDITIONAL STATIONS.--If 2 adjacent counties in a single State are in a local market comprised principally of counties located in another State, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission by a satellite carrier to subscribers in those 2 counties of the primary transmissions of any network station located in the capital of the State in which such 2 counties are located, if--

    ``(I) the 2 counties are located in a local market that is in the top 100 markets for the year 2003 according to Nielsen Media Research; and

    ``(II) the total number of television households in the 2 counties combined did not exceed 10,000 for the year 2003 according to Nielsen Media Research.
     
  7. Nov 9, 2005 #7 of 33
    TNGTony

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    That is the legislation that specifically allowes the two counties in MS that are in Baton Rouge to receive Jackson, MS locals.

    There is another paragraph that specifically deals with WMUR without naming the station.

    See ya
    Tony
     
  8. RaceTrack

    RaceTrack Cool Member

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    Will they just on with it, cause I want my SV stations, bout the whole Tulsa market is SV here.
     
  9. kc1ih

    kc1ih Legend

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    Can you post that paragraph or a link to it? Thanks!
     
  10. jrwinter

    jrwinter AllStar

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    Have the SV channels started yet? If so what are the channels for the fresno-visalia california 93257 area?
     
  11. TNGTony

    TNGTony Hall Of Fame

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    http://thomas.loc.gov/cgi-bin/query/F?c108:7:./temp/~c108Di5GxF:e1881227:
    Two patagraphs above the text quoted in Tower Guy's post:

    Basically WMUR is the only network station that is the only network station in a state as of 1995.

    New Hampshire has three TV markets. Boston (which is WMUR's TV Market so secondary retransmission doesn't apply), Burlington, VT (Market #90), and Portland, ME (Market #74) So anyone in the state of NH is either in the WMUR market already or "not within the first 50 television markets".

    Gotta love legalese!

    Here is an exception that I am pretty sure applies to New Mexico:
    All the NM network stations are in the Albuquerque market. One county in NM belongs to El Paso and 4 belong to Amarillo and one half a county to Midland. None of these are a to 50 market.


    See ya
    Tony
     
  12. kc1ih

    kc1ih Legend

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    Hudson, FL
    I guess they don't count NH Public TV (Ch 11) as a network affiliate. IMO, they should be available to any subscriber in NH also.

    The odd one is WMTW, also an ABC affiliate. In 1995, their transmitter was in NH, but several years ago they moved it to Maine. Also, I don't know if they count the city of license or the transmitter location for the purpose of this provision, WMTW was always licensed to ME.

    Another thing I recently read is that for cable systems, any system in Vermont is going to be allowed to carry (or perhaps required to carry, I'm not sure) the network affiliates from Burlington, even if they are located out of the Burlington stations OTA signal area. I don't know if this will apply to satellite also.
     
  13. wkomorow

    wkomorow DBSTalk Club Member

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    For some reason, Dish has been able to provide Vermont Public TV to everyone in Vermont regardless of the DMA in which they reside. I know several people in Southern VT who have VT public television from Dish, even though they get the Channel 17 WMHT PBS from Albany and by living in Bennington county live in the Albany DMA. Maybe it is just the Leahy factor.
     
  14. TNGTony

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    I know there is a ton of confusion about this because of all the different rules in play. One set of rules in independent of any other. You just have to figure out which rules you are talking about!

    A station/network can at any time they wish give permission to a satellite company to carry their signal anywhere the network owns the rights. In this case, Vermont Public TV has allowed Dish to carry their signal to the entire state of Vermont since VPTV owns the rights to that programming state wide. North Carolina, Arkansas, Mississippi and Georgia Public TV have made similar deals.

    PBS is not an FCC recognized "network". PBS is technically nothing more than a distribution service and not a network in the same sence as ABC, etc.

    As to the other ABC affiliate, they are looking at station licenced TO the state and not transmission towers.

    See ya
    Tony
     
  15. Geronimo

    Geronimo Native American Potentate DBSTalk Gold Club

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    I wish that DISH would carry Maryland Public Tv in the Washington, DC DMA as DirecTV does. I have askeda few times but the rely is that "The FCC won't allow it." Since they allow DirecTV that does not make much sense.
     
  16. RaceTrack

    RaceTrack Cool Member

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    Nothing makes since with this stuff, I just wish they would let us have the channels that we have been wanting for years.
     
  17. stonecold

    stonecold Banned User

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    OK I have a SV Question

    First off I have 2 ABC statsions at are considered local,

    1. WWSB channel 40 ( Sarasota) (Home town)
    2 WFTS Cahnnel 28 (Tampa)


    Now Sarasota is included into the Market 13 (the Tampa Bay market) Now many many years ago all the stations switched networks except the nbc station. hence leaving us with 2 ABCs

    Pre flip flop
    3- PBS
    8- NBC
    10- IND
    13- CBS
    16- PBS (ran by USF)
    28- FOX
    32 - IND
    38- IND
    40 - ABC
    44 - IND
    50 - HSN
    62 - IND

    Post Flip Flop
    3- PBS
    8- NBC
    10- CBS
    13- FOX
    16- PBS
    28- ABC
    32- IND
    38- IND / later WB
    40- ABC/ then went indie for a couple of months/lawsuit/back to ABC
    44- IND/ later UPN
    50- HSN/later some hispanic channel
    62- IND/later Univsion
    66- Pax


    Now channel 50 WWSB contract with ABC for syndication was not up and was mad about the channel 28 deal. 40 then sued ABC and took the matter up with the FCC. a few months later fcc made a market inside a market as the newspaper called it. Basicly channel 40 got to keep the ABC syndication as long as they reduced transmitter power and only served 2 counties inside market 13 which happen to be Sarasota and Manatee County. Comcast offers both 28 and 40.... Both dish and direct do not carry 40 , After talking to a ceo csr about a a year and half ago they simply stated that they did not have to carry more than one abc so they would not .

    Now on to the SV when I look up the list it does not show channel 40 but I know the channel gets at leat 25% viewership in town as it is the only place to get the minor sarasota news. If something big happens it on the tampa stations but all the smaller things are on WWSB 40. is there any way now with the SV to force Dish to provide channel 40 and hey while I dont know what it is Channel 36 rom cape coral as it is on the list.

    I do live in Sarasota Florida which resides in Sarasota County so I am with in my rights to view the channel by the old fcc ruling But I just dont know if i could use SV to force dish to provid channel 40 to sarasota and manatee residence?
     
  18. tsmacro

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    East...

    The short answer is: no. SV doesn't mandate the satellite companies to carry anything. It allows them to carry stations from neighboring DMA's that are considered SV if they choose to. You can bet the only way that Dish will ever carry channel 40 in your area is if they see it as a way to add a signifigant income stream to their bottom line. As with all business, $$$ talks.
     
  19. derwin0

    derwin0 Icon

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    Couldn't WWSB just ask for must carry?
     
  20. stonecold

    stonecold Banned User

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    From what WWSB Network Director has said is that they tried a must carry but the fcc has ruled that Dish/Direct are not required to carry it as there is WFTS 28 which provides ABC. Dish also does not have to recongize the fact that WWSB is in it own market.

    I just dont know most pople in town hate comcast so much that they have either direct or dish and most of them would pay an extra 2 dollars a month to add WWSB to the locals. but dish and direct have no listened to those pleas.
     
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