Jump to content


Welcome to DBSTalk


Sign In 

Create Account
Welcome to DBSTalk. Our community covers all aspects of video delivery solutions including: Direct Broadcast Satellite (DBS), Cable Television, and Internet Protocol Television (IPTV). We also have forums to discuss popular television programs, home theater equipment, and internet streaming service providers. Members of our community include experts who can help you solve technical problems, industry professionals, company representatives, and novices who are here to learn.

Like most online communities you must register to view or post in our community. Sign-up is a free and simple process that requires minimal information. Be a part of our community by signing in or creating an account. The Digital Bit Stream starts here!
  • Reply to existing topics or start a discussion of your own
  • Subscribe to topics and forums and get email updates
  • Send private personal messages (PM) to other forum members
  • Customize your profile page and make new friends
 
Guest Message by DevFuse

Photo

Supreme Court is scheduled to hear local broadcast-TV-carriage law as applied to DBS


  • This topic is locked This topic is locked
6 replies to this topic

#1 OFFLINE   John Corn

John Corn

    Hall Of Fame

  • Registered
  • 5,046 posts
Joined: Mar 21, 2002

Posted 10 June 2002 - 10:40 AM

The Supreme Court is scheduled to decide this coming week whether to hear a case on the constitutionality of a local broadcast-TV-carriage law as applied to the direct-broadcast satellite industry.

Under the law, a DBS carrier is required to carry every requesting local TV station in a market where that carrier has elected to provide any local TV stations.

The Satellite Broadcasting & Communications Association and EchoStar Communications Corp. maintained that the carriage mandate violates the First Amendment because it effectively restricts the number of markets a DBS carrier may serve and promotes the speech of lightly viewed stations in a served market over that of network affiliates in an unserved market.

DirecTV Inc. -- the parent company of which, Hughes Electronics Corp., is hoping to merge with EchoStar -- was an original plaintiff but dropped out of the case in March.

The carriage mandate -- a 1999 provision of the Satellite Home Viewer Improvement Act -- was upheld in December by a panel of the U.S. Court of Appeals for the Fourth Circuit just a few weeks before the 'carry one, carry all' mandate was to take effect.

CICK HERE to read the full story
Have a Great Day! :) :flag:

...Ads Help To Support This SIte...

#2 OFFLINE   woodman

woodman

    Mentor

  • Registered
  • 45 posts
Joined: May 17, 2002

Posted 11 June 2002 - 09:43 AM

Let's hope that the Court is wise enough to see that this case needs to be heard, and further that the must-carry rule, while valid for the "cable" industry should not be applied to DBS satellite, where it's completely inappropriate.

It was pushed into being by the lobbying efforts of the cableTV industry as an attempt to strike a crippling blow to DBS - the only real competitor they've ever had. This is the epitome of "dirty pool" if I ever heard of it, and yet another example of how our government makes decisions that favor big business over our best interests and rights.
woodman

I plan to live forever ..... so far, so good!

The early bird may get the worm ... but the second mouse gets the cheese!

Steven Wright

#3 Guest__*

Guest__*
  • Guests
Joined: --

Posted 11 June 2002 - 12:48 PM

It had nothing to do with cable.

It had everything to do with the NAB.

When the DBS companies first tried to overturn the law, cablers actually sided with them. Time Warner has argued that must-carry is unconstitutional, and gave the DBS companies their support in the matter.

#4 OFFLINE   RichW

RichW

    Hall Of Fame/Supporter

  • Gold Members
  • 6,526 posts
Joined: Mar 29, 2002

Posted 11 June 2002 - 12:58 PM

Agreed. It can be argued that must-carry is a government "taking" without compensation to the property owner. This applies to cable as well as DBS. In fact, cable had a much stronger case because it does not use resources which are in the public domain (i.e. spectrum). While I would hope for a decision against must-carry, the odds are very much against DBS in this case as the Court has already ruled against cable in a similar case.
No man stands so tall as when he stoops to help a child.

#5 OFFLINE   zuma hans

zuma hans

    Guest

  • Registered
  • 31 posts
Joined: Apr 23, 2002

Posted 11 June 2002 - 02:59 PM

Anything "can" be argued.

But not argued successfully.

The Supreme Court has rejected this argument over and over. It just rejected the cable industry's must-carry arguments a few months ago.

This is DOA. Anyone with a lawyer and a desire for publicity can appeal all the way to the SCOTUS: BFD.
zuma hans
DISH, C-band, ku-band, XM radio

#6 OFFLINE   lkw

lkw

    AllStar

  • Registered
  • 50 posts
Joined: Apr 24, 2002

Posted 17 June 2002 - 10:08 AM

zuma hans, this is a thread that you should be interested in:

http://groups.google...bs.canada&hl=en

key: grey market, fraud

#7 Guest__*

Guest__*
  • Guests
Joined: --

Posted 21 June 2002 - 12:30 PM

Toldyaso.




spam firewall