While I understand your frustration, I do not see where getting the FCC involved would help. Dish is under no obligation whatsoever to provide OTA reception. It is an added convenience that works well for the vast majority of us.
If someone builds a website that works on Mozilla (Firefox) but somehow will not display properly on Internet Explorer, is it Microsoft's problem the code was written incorrectly? No. Same with this station. It is clearly a problem with their coding that they need to fix, not Dish.
The problem is that it worked prior to the update Dish downloaded in March. The OTA receiver was a selling point for buying the receiver. Don't think for a minute you didn't pay for it. Plus it doesn't work unless you subscribe to Dish programming.
The reason I filed a complaint with the FCC was that neither party is very interested in repairing the problem. The only way I can receive CBSHD is to buy additional hardware when I should not have to.
This is a difficult situation to troubleshoot. Every other branded HDtuner on the market works fine with the local broadcast, only Dish branded receivers are affected. This makes one beleive the problem lies with Dish. At one point this was the only station affected. However, through my investigations I have found that KERA out of Dallas is experiencing the same issue and some stations in Denver as well.