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Guest Message by DevFuse

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SV deadlines


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4 replies to this topic

#1 OFFLINE   joblo

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Posted 01 June 2005 - 07:09 PM

Ya gotta love the U.S. Congress...

In 47USC340(h), as created by SHVERA section 202, there is the following:

(3) ADDITIONAL PROVISIONS.--The Commission shall, no later than October 30, 2005, revise its regulations to provide the following:
(A) NOTIFICATIONS BY SATELLITE CARRIER.--A satellite carrier's retransmission of television broadcast stations pursuant to this section shall be subject to the following limitations:
(i) In any local market in which the satellite carrier provides service pursuant to section 338 on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the carrier may notify a television broadcast station in that market, at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission's regulations (47 CFR 76.66), of--
(I) each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market pursuant to this section during the next election cycle under such section of such regulations; and
(II) for each such affiliate, the communities into which the satellite carrier reserves the right to make such retransmissions.
(ii) In any local market in which the satellite carrier commences service pursuant to section 338 after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the carrier may notify a station in that market, at least 60 days prior to the introduction of such service in that market, and thereafter at least 60 days prior to any date on which the station must thereafter make an election under section 76.66 of the Commission's regulations (47 CFR 76.66), of each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market during the next election cycle under such section of such regulations.
(iii) Beginning with the 2005 election cycle, a satellite carrier may only retransmit pursuant to this section during the pertinent election period a signal--
(I) as to which it has provided the notifications set forth in clauses (i) and (ii); or
(II) that it was retransmitting into the local market under this section as of the date such notifications were due.

and in 47CFR76.66©:

(2) The second retransmission consent-mandatory carriage election cycle, and all cycles thereafter, shall be for a period of three years (e.g. the second election cycle commences on January 1, 2006 and ends at midnight on December 31, 2008).
...
(4) Except as provided in paragraphs (d)(2) and (d)(3) [these pertain to new LIL markets and new TV stations, respectively --joblo] of this section, local commercial television broadcast stations shall make their retransmission consent-mandatory carriage election by October 1st of the year preceding the new cycle for all election cycles after the first election cycle.

Taken as whole, this means Congress has charged the FCC to pass a regulation NLT October 30, 2005 that will require notices by a DBS company NLT August 2, 2005, i.e. potentially 90 days prior to the regulation's existence, or else that DBS company could lose eligibility to carry SV stations in existing LIL markets until January 1, 2009, repeat NINE!

Could explain why the DBS companies don't want to wait for the final regulations, eh??

[Additional text deleted in repsonse to JL's post. --joblo]

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#2 OFFLINE   James Long

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Posted 01 June 2005 - 09:36 PM

I believe you are misreading the code too tightly.

BTW: The elections are DUE by Oct 1st - E* has to notify stations by 60 days before the deadline, August 2nd not June 3rd. They do not actually have to begin transmission of SV stations by August 2nd. They only have to notify of the INTENT.

And the FCC has already greenlighted DBS providers carrying SV as soon as possible, with the assurance that if they accidentally carry a channel that is later deemed to be ineligible (such as if the rules are made late and E*'s guess is wrong) there will be no penalty. E* doesn't have to wait for the rules to make their announcements and get going on SV.

JL

#3 OFFLINE   joblo

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Posted 02 June 2005 - 12:35 AM

JL,

What I said originally was, "to gain eligibility for 2006-2008 by way of prior carriage under 47USC340(h)(3)(A)(iii)(II)", the notice date would work out to June 3. Of course, they could also gain eligibility under clause (I) by meeting the August 2 date, as I also said, below the first set of citations.

But I'll take your point that the additional text is confusing and edit it out.

#4 OFFLINE   News Junky

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Posted 02 June 2005 - 01:47 PM

We are assets owned by our local televistion stations. When we watch other channels we are depriving our local television stations of the advertising revenue they deserve and require. As long as we all remember who owns who it makes understanding the complexities easier.

(Only) Support your local TV station. Just say no to the potential the technological advancements of satellite communications. Support the restrictions and limitations on what media the American public may access. Never complain to your elected officials, just talk it over with the receptionist at your local television station if you must get your frustrations vented but make sure you're on hold before you start complaining.

#5 OFFLINE   RaceTrack

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Posted 03 June 2005 - 12:42 AM

I don't really think DBS providers even care about SV. I call them every 3 months or so, and they always say they know nothing about, and or don't know what i am talking about at all. So im not going to expect anything ever.




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