1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

DISH Files for permission to provide distant networks (Court Tracking)

Discussion in 'General DISH™ Discussion' started by runner861, Jun 1, 2010.

  1. Jul 2, 2010 #121 of 244
    runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    The application for "qualified carrier" status is stamped "filed/accepted" on June 30. As per STELA, the FCC has 90 days from that date to make a decision. The 90 days is up on September 27. The temporary waiver expires on September 30.

    However, getting the "qualified carrier" certification is not the end of the line. Dish then has to return to court and ask the court to lift the injunction. Dish also has to satisfy the court of some other matters in order to get the injunction lifted--mainly issues concerning the special master. The special master will be a possibly intrusive presence in Dish's business until 2012.

    Of course, the FCC may issue its decision prior to September 27, and the entire process may conclude well before September 30. However, the timeline could be close.

    Thus far I do not see any comments posted on the FCC filing.
     
  2. Jul 2, 2010 #122 of 244
    James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    I was a bit disappointed with the application. I thought that DISH had to provide coverage information for ALL markets, not just the new markets. Also the date of enactment being February 27th? I expected that date to be in May when the president signed the bill into law.

    In any case filings are to come ...
    What we will see in filings? Perhaps a station or group that doesn't feel that they were treated fairly in negotiations using the opportunity for sounding off. I wouldn't be surprised to see a few Internet geeks sounding off (as they did during the comment period for the Echostar purchase of R-1 and the licenses). I've seen some pretty odd filings in that comment system over the years.

    Hopefully we will see some very intelligent questions asked and answered and not a lot of garbage. All we know for sure is the comment period ends July 20th with replies due by July 30th so there will be no FCC action (unless they post their own set of comments/questions for DISH) until August.
     
  3. Jul 2, 2010 #123 of 244
    runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    Where do you see the date of enactment as February 27?
     
  4. Jul 2, 2010 #124 of 244
    James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    In the PDF I linked from the FCC website (DA 10-1036).
    Although taking a second look it appears the FCC got it right on page 1 (footnote 1) and wrong on page 2 (footnote 8)!

    "STELA was enacted on May 27, 2010 (S. 3333, 111th Cong.)."
    "The effective date of STELA, and its enactment date for most purposes, is February 27, 2010. See STELA § 307(a)."

    The wrong date stuck out more when I read it the last time.
     
  5. Jul 9, 2010 #125 of 244
    runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    There are additional filings in Proceeding 10-124. I haven't had a chance to review them.

    James, I would be interested in hearing your opinion, as well as the opinion of anyone else. I will read the filings when I get a chance over the weekend.

    A quick glance--they seem to be the same documentation already filed, but I have to do a closer review to be sure.
     
  6. Jul 9, 2010 #126 of 244
    James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    They appear to be identical. The only difference being the filing broken up into 25 page documents and photoscanned instead of printed to PDF. A lesson in how to take a 7meg document and make it 19meg.

    It looks like the original document was electronically filed and the FCC has now added the paper filed version. The only difference is that they missed page 116 of 119 when scanning. (A title page for Attachment E.) The accepted stamp is in a different place on page one. No real content changes. Both were filed/accepted on the same day.
     
  7. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    There are new comments in the "qualified carrier" application Dish has filed with the FCC. The comment is from Delmarva Broadcast Service, and I am reviewing it now.

    It is interesting. Delmarva Broadcast Service appears to be stating that Dish is in fact not providing local service to the Salisbury, MD market. The comment concedes that Dish may have the capacity to provide the service, but states that negotiations have halted because Dish is failing to respond to inquiries from Delmarva. The comment also states, that, as far as it knows, Dish is not providing any other local stations to the Salisbury market.

    The comment makes the point that, should Dish attain "qualified carrier" status, it will not be allowed to import distants to Salisbury.

    It appears to me that Salisbury may be missing an NBC station, so I think that if the injunction is lifted, Dish can import an NBC to that market. In fact, if this is a market in which service was "added" after December 31, 2009, Dish could currently import a distant NBC to that market.
     
  8. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    DISH currently carries WHAG HAGERSTOWN, MD (NBC) (possibly as significantly viewed) and the local WCPB SALISBURY, MD (PBS) in that market. WBOC is the CBS and FOX affiliate and WMDT is the ABC affiliate for that market ... DISH has uplinked those three feeds (ABC, CBS, FOX) but have not made them available due to the lack of agreement with the stations.

    In retrans disputes there always seems to be a party that claims that the other side has stopped talking ... and perhaps rightfully so if the negotiations are going poorly. It appears that this broadcaster may just be using the proceeding as leverage - claiming DISH does not carry all markets because they have refused to cave in to the demands of this broadcaster for carriage.

    The way I read the law DISH does not have to carry all channels in all markets ... they only have to offer carriage to all channels. Failure of WBOC and WMDT to allow their feeds to be carried should not prevent DISH from meeting the "we offer carriage in all markets" standard required by law for the distants waiver.

    If this broadcaster prevails in blocking DISH's attempt to provide distants it would block distants nationwide and give extra leverage to all stations that wish to refused to be carried by DISH without extraordinary cost. It would be best for all who want distants (including distants in the new markets added this year) that DISH win this particular challenge. Otherwise the only out of market stations available on DISH will be significantly viewed stations.
     
  9. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    And if this station really wants to be carried, all it has to do is elect "must carry."
     
  10. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    True.

    I don't believe the broadcaster is providing false information to the FCC (never a good idea) so I'll take it as stated that DISH didn't approach WHAG until May 20th. Under SHVERA DISH should have provided a 60 day notice. (See 47 USC 338 (h)(2) )

    It is possible that DISH provided such a notice at some time in the past (a time forgotten by WHAG). But expecting an agreement in 9 days and then apparently ending negotiations? I look forward to DISH's reply comments to this comment to see what they have to say on this issue.
     
  11. shadough

    shadough Icon

    801
    6
    Dec 31, 2006
    WHAG is definitly NOT an SV station. Its on the other side of maryland, in the mountains. I can't even pick it up w/ an ANT from here in VA.

    As fas as I know, there is no NBC station on Delmarva. I am only aware of the CBS 16, and the ABC 47? I think. FOx may be on a sub channel, which didn't exist until the advent of DTV. I think the cable companies out there carry the FOX an NBC stations out of Baltimore. Maybe even FOX DC.

    Currently WHAG is given to all DC area subs, as Hagerstown is considered the "DC metro area" for some reason. I hadnt even heard of the station till it popped up in my guide one day.
     
  12. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    The actual Significantly Viewed stations for the Salisbury Market: (NBC's highlighted)
    Sussex County, DE
    WBOC-TV, 16, Salisbury, MD (CBS/FOX in market)
    WMDT, 47, Salisbury, MD (ABC/CW in market)
    WMAR-TV, 2, Baltimore, MD (ABC)
    WBAL-TV, 11, Baltimore, MD (NBC)
    WJZ-TV, 13, Baltimore, MD (CBS)
    WTTG, 5, Washington, DC (FOX)

    Dorchester County, MD
    WMAR-TV, 2, Baltimore, MD (ABC)
    WBAL-TV, 11, Baltimore, MD (NBC)
    WJZ-TV, 13, Baltimore, MD (CBS)
    WNUV, 54, Baltimore, MD (CW)
    WBOC-TV, 16, Salisbury, MD (CBS/FOX in market)
    WMDT, 47, Salisbury, MD (ABC/CW in market)
    WRC-TV, 4, Washington, DC (NBC)
    WTTG, 5, Washington, DC (FOX)
    WJLA-TV, 7, Washington, DC (ABC)
    WUSA, 9, Washington, DC (CBS)

    Somerset County, MD
    WBOC-TV, 16, Salisbury, MD (CBS/FOX in market)
    WMDT, 47, Salisbury, MD (ABC/CW in market)
    WTTG, 5, Washington, DC (FOX)

    Wicomico County, MD
    WBOC-TV, 16, Salisbury, MD (CBS/FOX in market)
    WMDT, 47, Salisbury, MD (ABC/CW in market)
    WMAR-TV, 2, Baltimore, MD (ABC)
    WBAL-TV, 11, Baltimore, MD (NBC)
    WJZ-TV, 13, Baltimore, MD (CBS)
    WTTG, 5, Washington, DC (FOX)

    Worchester County, MD
    WBOC-TV, 16, Salisbury, MD (CBS/FOX in market)
    WMDT, 47, Salisbury, MD (ABC/CW in market)
    WTTG, 5, Washington, DC (FOX)


    WBAL would work for three out of five markets ... WRC would work in one.
    WHAG is a distant.
     
  13. surfinguru

    surfinguru Mentor

    43
    2
    Jun 16, 2006
    Guys, can you help me out to understand all this? I currently have service in San Jose, CA but will be moving to Santa Cruz, CA in a few weeks. How do I ensure I maintain the major networks? (ABC, CBS, NBC, FOX)
     
  14. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    You will be changing markets, going from San Francisco to Monterey-Salinas. In San Francisco, Dish carries all four networks in HD. Monterey-Salinas is a short market, lacking an ABC affiliate. Dish does carry the other three networks in HD in Monterey-Salinas.

    In order to receive ABC in Santa Cruz, you have several options. You can mount a rooftop antenna and try to receive KGO. That may or may not work, depending on your location.

    You can receive ABC via AAD. AAD offers KGO, but only in SD. AAD also offers KABC in HD.

    Dish will probably be again allowed to provide distants starting in a few months. When/if that happens, Dish will probably add to the Monterey-Salinas market the distant ABC station KEYT, from Santa Barbara. That is a station that has few to no viewers currently in the Monterey-Salinas market. If KEYT has any viewers in Monterey-Salinas, it would be some in the extreme southern end of the market, which is very rural, receiving it OTA.
     
  15. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    Reply comments (if DISH wishes to reply) are due today, July 30th. We may not see them posted until Saturday but worth checking.

    I'm surprised there were not more comments before the July 20th deadline. If DISH offers a good reply to Delmarva they will probably slip in under the radar and get the certification that they want.

    Personally ... I wish they had not rushed in to getting the certification. I'd rather see them use as many SV stations as possible (even if they do not cover entire markets SV - use them where they can) than import distants. Although the law does not require it, I believe they should carry section 122 channels to the fullest extent of the law before considering distants.
     
  16. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    Carrying the SV stations is a good idea, but they still have to get permission to carry those stations from the stations themselves. They may have trouble on that front. Or they may encounter resistance from the local stations. Some of the SV stations may be a duplicate network station of a local station, and the local station does not want to see its audience fragmented.

    Plus, they have to get their certification. Their temporary waiver expires 120 days from the date it was granted, and if they have not made efforts to get their certification, it is likely that the judge would allow the temporary waiver to expire. Then Dish would have to disconnect their current distant station customers.
     
  17. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    46,124
    1,068
    Apr 17, 2003
    Michiana
    I was thinking in "short" markets where SVs would fill the role of the missing network. I don't expect DISH to carry SVs that are of a network already in that market (although it would be nice to be on equal footing with cable).

    I would have moved slower ... got what they could up and not use distants on day one. It seems like they were in such a rush to add the final markets they didn't bother to get local carriage deals completed. DISH's reply comments will be key ... are they making a fair attempt at carrying all markets? Is what they have done good enough?
     
  18. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    I believe you are correct. And if they for whatever reason don't get their certification, then they are in a real world of hurt and face possibly having to disconnect their current distant stations. This temporary waiver situation puts additional pressure on them.

    Perhaps the best way to have done it would be not to even have obtained a temporary waiver. Just add the missing markets, add the SV's, then when all that is settled, seek the certification. Then after obtaining the certification and getting the entire injunction lifted, add distants as needed across the markets.
     
  19. joecap1946

    joecap1946 Mentor

    30
    0
    Aug 22, 2008
    So, is this what the short markets are waiting for? Panama City Fl missing CBS and Dothan Al missing NBC among the DMA's.

    Bit confused again.

    Thanks in advance.
     
  20. runner861

    runner861 Icon

    859
    0
    Mar 20, 2010
    I'm not sure of the situation in Panama City and Dothan. However, if those markets were carried by Dish starting in 2009 or earlier, then Dish cannot presently provide distants to those markets. Dish can provide SV stations to those markets, and that may be able to provide the missing networks. If that doesn't work, then Dish will be able to provide distant networks only after the injunction is lifted.

    If either or both of those markets were added anytime in 2010, then Dish can currently provide distant networks to fill the void.

    Again, I'm not personally familiar with the situations in Panama City and in Dothan. But I have just stated the general rules.
     

Share This Page