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Will All American Direct fax a copy of my waivers?

Discussion in 'General DISH™ Discussion' started by comizzou573, May 1, 2012.

  1. May 1, 2012 #1 of 15
    comizzou573

    comizzou573 Legend

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    I think I asked this question before but never got a clear answer on it. I want to call MyDistantNetworks and ask them if they can fax my waivers that were approved. The reason I want to ask them to do this is because I am thinking about changing over to directv and so I dont need to go through the process of getting waivers again.

    Can these waivers be faxed or not?
     
  2. May 1, 2012 #2 of 15
    boba

    boba Hall Of Fame

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    Sorry but DIRECTV has to apply for their own wavers, you need to go through the process again.
     
  3. May 3, 2012 #3 of 15
    runner861

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    I would be interested to know. I bet as a practical matter you will never get AAD to do it, but who knows? Maybe you will. It can't hurt to try. It would be interesting to see what type of waiver your local gave. As I understand it, some waivers are station-specific as to what distant will be imported, while others are not. I haven't really looked at this area of law in about a year, but it does interest me.

    Another possibility is to ask your local for a copy of the waiver.
     
  4. May 3, 2012 #4 of 15
    tampa8

    tampa8 Godfather/Supporter

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    I'm not understanding why you haven't called AAD or written them in 8 months and ask? I have to be missing something else?

    I can answer IF Direct could give you distants they absolutely would need to go through the process again. Neither Direct or Dish can give you Distants if they carry the locals for your market, even if you get a waiver so your question for the purpose you give is moot. You got the same answer when you asked from someone else on 9/05/2011.
     
  5. May 3, 2012 #5 of 15
    runner861

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    I am not aware of any reason or law that would prevent Dish or Direct from providing distants to a subscriber to whom they also provide locals, as long as the subscriber has a waiver. It would only be a question of if the company is willing to provide that service.
     
  6. May 3, 2012 #6 of 15
    tampa8

    tampa8 Godfather/Supporter

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    Satellite is not treated the same as Cable. They MAY NOT offer Distants if they offer the local Grandfathering excepted.

    "STELA retains SHVERA’s implementation of the “no-distant-where-local” limitation on
    subscriber eligibility, simplifying some of the provisions governing it by eliminating, except when
    referring to low power television stations, references to analog signals. Specifically, individuals who
    were not receiving a distant signal at the time STELA was enacted, will not be eligible to receive such
    signal, if, at the time they wish to subscribe, the satellite carrier offers the subscriber local-into-local

    service that includes the signal of a local station affiliated with the same network.

    http://www.cov.com/files/Publicatio...alism Act of 2010 - A Broadcaster’s Guide.pdf

    Because to me the Waiver portion was vague I asked the office of Senator Lieberman to clarify, specifically if a waiver over rides that a satellite carrier carries the locals. The answer was the intent is the waiver addressed exactly what it did before, that you can receive the OTA signal but still want to get an out of market channel, but it only applies when the satellite carrier does not carry that local network. I am going by that response. If there are concrete examples of someone getting a waiver, getting a distant channel while getting the local from Dish or Direct since enactment, I would then say perhaps I got an incorrect answer. (Obviously I'm not including RV/Trucker distants)
     
  7. May 3, 2012 #7 of 15
    runner861

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    The law still provides for waivers. If a subscriber has a waiver, he can receive the distant. What is being quoted in the previous post is a summary of the law. Waivers may be rare, but they still exist.
     
  8. May 3, 2012 #8 of 15
    tampa8

    tampa8 Godfather/Supporter

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    I added to my post while you were posting....... It appears to me from the response, if the satellite carrier does not carry that network, AND you do get it OTA, AND get a waiver, you can get the distant.
     
  9. May 3, 2012 #9 of 15
    runner861

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    17 USCS sec. 119(a)(3)(E) deals specifically with waivers, including details on how they are applied for and granted or denied. Basically the waiver must be submitted through the satellite carrier, and the local has thirty days to grant or deny it. If the local does not respond after thirty days, it is granted.

    47 USCS sec. 339(a)(1)(E) states as follows: "Authority to grant station-specific waivers. This paragraph shall not prohibit a retransmission of a distant signal of any distant network station to any subscriber to whom the signal of a local network station affiliated with the same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber."
     
  10. boba

    boba Hall Of Fame

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    Thank you for restating in legalese what I answered in post #2 Directv has to submit their own request for waivers. You must be an attorney.:):):)
     
  11. tampa8

    tampa8 Godfather/Supporter

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    runner861 can you give me the link for

    "47 USCS sec. 339(a)(1)(E) states as follows: "Authority to grant station-specific waivers. This paragraph shall not prohibit a retransmission of a distant signal of any distant network station to any subscriber to whom the signal of a local network station affiliated with teh same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber."

    The copy I got from the Senator's office doesn't even include that! It does seem to answer the ambiguity.
     
  12. runner861

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    You should be able to get it just by googling United States Code. These are laws passed by Congress, and they are available for public viewing.
     
  13. tampa8

    tampa8 Godfather/Supporter

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    Ya, tried that, I just don't see that part. Was it possibly an addendum or something? I'll look again tonight.
     
  14. runner861

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    The version of the code I was looking at was current through 08/16/2010, which is after the latest version of the satellite tv law was passed. Be sure that you are not looking at an older version. There are some versions on the web that are out of date.

    Also, as a practical matter these waivers are nearly dead. Both Direct and Dish are carrying locals in all markets (or nearly all markets), and neither one of them is offering a distants service (or if they are it is not advertised). Generally locals will not authorize waivers when they are carried on the satellite system, and usually they will not authorize waivers even if they are not carried on the satellite system. But sometimes people or organizations work deals privately. Someone or some organization could purchase a waiver from a local and then work a private deal with Dish or Direct to receive a distant. This has been done sometimes by political campaigns that want to view stations in other markets.
     
  15. tampa8

    tampa8 Godfather/Supporter

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    I bet you are correct about I'm seeing an older version....... Even the one from the Senator's office was very early on.

    And certainly you are correct, in general you aren't going to get Distants even if you meet all the requirements.
     

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