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Welcome to the SHVIRA forum!

Discussion in 'Legislative and Regulatory Issues' started by Chris Blount, Apr 30, 2004.

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  1. Chris Blount

    Chris Blount Creator of DBSTalk Staff Member Administrator

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    We have received some requests to open this new SHVIRA (Satellite Home Viewer Improvement Reauthorization Act) forum. Any news events related to the SHVIRA will be posted here. To learn more about the SHVIA, Click Here.

    I know some of the subject matter can be a little dry but this legislation affects almost everyone and it should be interesting to see how things unfold.

    Thanks to all for suggesting this forum and enjoy!
     
  2. Geronimo

    Geronimo Native American Potentate

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    Of course I get a 10 cent royalty on all posts here right?
     
  3. Chris Blount

    Chris Blount Creator of DBSTalk Staff Member Administrator

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    Maybe but all royalties are approved by Nick so you will need to run it by him first. :D
     
  4. Geronimo

    Geronimo Native American Potentate

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    There goes my 10 cents. BTW is it SHVIRA or SHVERA? I have seen both referenced.
     
  5. mraub

    mraub Legend

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    Anyone who has one or more stations in their area who do not deliver network HD programming and wants to get that programming from satellite needs to let their elected representatives in Congress know that. An easy way to contact Congress on this subject is through:

    http://www.iwantmyhdtv.com/iwanthdtv/

    Congress may not listen to us, but we ought to let them know what we want.

    MIKE
     
  6. Art7220

    Art7220 Godfather

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    So, is there a final ruling on SHVIRA?
     
  7. Geronimo

    Geronimo Native American Potentate

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    It has not been enacted yet if that is what you meqan by a "ruming".
     
  8. ehgreen

    ehgreen New Member

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    Chris and other readers of this thread---

    As forum owner, suggest you use whatever ZAP powers you have to correct a couple of the subject lines-- most particularly Mr Shvia Sunday at 6:15pm claiming McCain Bill PASSED.

    The McCain bill "Satellite Home Viewer Extension Act of 2004" was s.2013; This summer "Satellite Home Viewer Extension and Rural Consumer Access to Digital Television Act of 2004" was introduced [S.2644]. Neither got to the Senate Floor.

    The first House bill was "Satellite Home Viewer Extension and Reauthorization Act of 2004" [H.R.4501] and was followed by "W. J. (Billy) Tauzin Satellite Television Act of 2004" (Passed by House as H.R.4518). I believe this passed last Wednesday or Thursday, and then went to the Senate.

    For links to the text you can go to http://thomas.loc.gov/ and search for "satellite home viewer". As I write this post, the Senate approval has not been reflected at the LOC site. Searching for the Tauzin bill H.4518 will get the cleanest text.

    Finally, remember, in Opera, it's not over till the Fat Lady sings. Nothing is passed until the House considers the new combined bill, which won't happen until December. I've just notified my Congressional reps of needed additions, such as . . . .

    Make sure that qualifying DN subscribers also are provided the 20 + Public Interest Channels FREE as the FCC has ordered. Charlie does NOT deliver the "DN Only" folks the 9400 channels, some of the more interesting alternative programming available.

    Chris, you are free to slice and dice this posting, or heaven forbid, post it multiple places. Newbie here, but not to subject matter!
     
  9. Geronimo

    Geronimo Native American Potentate

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    I agree that this si not the McCain bill. But no further action by the House is required.
     
  10. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    The last version of HB4518 is what became Title IX of HB4818 that "passed". IIRC there was one more step today, the house accepting the senate's acceptance of the house bill. But the fat lady has sung and there is only one person in the US that must act to make HB4818 and it's myriad components LAW. POTUS.

    It IS the last version of the McCain efforts ... An "Amendment in the Nature of a Substitute to HR 4518". Read the PDF, you will find 107 pages of SHVERA with only a couple minor changes (SEC341 for a couple of specific markets and one line scratched having to do with a study). Nothing major.

    JL
     
  11. ehgreen

    ehgreen New Member

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    Yes, I agree that "it" is largely done, but the devil is in the details. And Congress OFTEN makes technical corrections, even in the NEXT session, so I'll hold out a bit till POTUS barks.

    BTW, found an interesting background document that all interested in this topic should read, dated 10/21/04 from an amazing consortium. Here is one sentence (fair use) from:
    http://www.nab.org/xert/corpcomm/pressrel/senate sat letter.doc

    . . .we would urge you to review in particular H.R. 4518, the Satellite Home Viewer Extension and Reauthorization Act of 2004, which passed the House of Representatives earlier this month, and which is endorsed by almost all industry stakeholders – including local broadcasters, the television networks, cable operators and programmers, professional and collegiate sports organizations, the motion picture industry, and DIRECTV.


    No mention of Rural communities, Video buffs, etc.

    Cheers
     
  12. Geronimo

    Geronimo Native American Potentate

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    The next session isa n entirely diferent congress. They could amend this bill but they would have to start from scratch. that si not impossible but it is unlikely.
     
  13. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    The bill will become law before the next session, and any "technical corrections" will have to be handled in a new bill. Note that the effort to get this bill passed started in January of 2004, was delt with in June, and sat on schedule since October until it was rolled in to the omnibus "pass it or lose it" bill last week.

    HR4818 puts the definition on "and for other purposes".

    If there are "techincal corrections" theywill require the full process to be followed (including POTUS) and they won't be passed overnight. Unless they left a major hole in the law that the FCC cannot interpret the new rules will take effect long before they can be changed.

    JL
     
  14. rcoleman111

    rcoleman111 Guest

    As noted, this legislation is endorsed by industry stakeholders, not consumers. This is anti-consumer legislation written by entrenched media companies who are protecting their own interests by buying influence in Congress.
     
  15. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    I assume you have proof of the money trail to back up this slander? (Actually, I assume you can't back it up.)

    JL
     
  16. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    Posting the same message four times is against forum rules.

    JL
     
  17. Marcus S

    Marcus S Icon

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    This is definitely a mess. I do not live within a DMA, but now I am now DMA'd as Denver, because I live in CO's spot beam, by miles I am closer to Cheyenne WY and within their spot. No local network repeaters and cannot receive OTA. Surprise! You no longer qualify for distant nets. Agree to sub to Denver as your local and get CBS & NBC distant HD nets, do not, no HD nets for YOU!

    Nielson's DMA maps, obviously, thrown out the window. The FCC needs to burn in H* for this rural blunder and most in Congress are still patting themselves on the back for "job well done".

    If this turns out to be an act of Denver net affiliates trying sustain their advertisers, and I can invoke a choice of "locals" versus "distants", Denver nets can burn in H*. I will choose distant nets over Denver any day of the week. At least Denver nets will have the satisfaction of knowing who their market is, using their abacus. Mine, excluded. Bye bye, Rockies used car commercials.

    Nets are loosing significant subs a year, and they pull this stunt, lobbying the FCC? Welcome their future, USAIR. These net nut balls are even petitioning "for" state taxes. I want even go there. What trench are they digging? Only their own.

    This is so cable mentality. Local nets are a choice via DBS.
     
  18. Greg Bimson

    Greg Bimson Hall Of Fame

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    Both DirecTV and Dish Network serve over 92 percent of the households in America with local channels. In the eyes of the NAB, the networks, and whomever else you want to line up, you are now served with local channels. Why should cable be denied the advantage of distant networks when it is just as easy to stop serving distant networks to those markets where locals are available?
    The nets did not "pull this stunt", and it wasn't from lobbying the FCC. The language that makes people "served" if their market is available from a DBS company is actually a law, passed by Congress and signed by the President. It appears the language for this came from the NAB, not the networks.
     
  19. Marcus S

    Marcus S Icon

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    SHVIA determined distant qual because of OTA distance and grade of signal. Now qual is your local cable or DBS provider for a city 100+ miles away. You missed the point. I live in one state closer to another states nets, but have been moved to the farther DMA and reside within both spots. Qual by state or stupidity?

    Network affiliates complained because they where loosing local advertisers. Why did the FCC do this again? The language in this bill came from where, the FCC water cooler? And of course you only receive HBO E because your E of the Mississippi?? The NAB consists of who again??? Pick one, the National Bank of Australia or the National Association of Broadcasters.

    So in your opinion, the NAB does not represent networks, I should drive 77 miles to Denver to buy a car from Rockies, because whoo who, while I am only 50 miles from Cheyenne, my local nets (Denver) now advertise, come see us? In a canyon, cannot receive either OTA. So cable decided my DMA? Your so clever.
     
  20. Greg Bimson

    Greg Bimson Hall Of Fame

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    Actually, it was the predecessor of the SHVIA, the SHVA, signed in 1988, that determined distant qualification by grade of signal (not distance). I understand you live closer to one city's transmitters than the DMA in which you are assigned. So do I. And "significantly-viewed" may rectify that.
    The FCC had nothing to do with this. A new bill was required from Congress to be signed into law by December 31, 2004, or all distant networks and superstations would go dark. Congress received input from many different sources, most of which were from the broadcast industry, including the NAB. Not the FCC.

    And HBO is owned by Time Warner. They control all HBO channels, and can distribute their programming as they see fit. Not so with the networks.
    First, I did not write this bill, so please don't take this out on me.

    Second, the NAB is the National Association of Broadcasters, as you correctly observe. However, FOX, NBC, and CBS are not members of the NAB. I think ABC still might be a member. Irregardless, the major networks are not members of the NAB. Many of the affiliates of the networks are members of the NAB.

    Third, Nielsen decides your DMA. Nielsen uses viewership pattern sampling to determine which areas are more inclined to watch channels from a specific area. Your county must have a viewership sample that watches Denver stations more than watches Cheyenne stations. And cable could have something to do with this. However, since Denver was the first city to have carriage on old C-band satellite, the Denver DMA is quite large (it even extends to a couple of counties in Nebraska). So satellite viewership also plays a part in determining how Nielsen draws lines for viewership boundries.
     
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