Distant Networks: "NPS Distants" on Dish Network Equipment - Legal Issues

Discussion in 'General DISH™ Discussion' started by James Long, Nov 30, 2006.

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  1. James Long

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

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    For NPS: 20¢ per station per customer means $1.60 of the $9.00 that NPS charges those fortunate enough to qualify for all four, or 40¢ of the $2.50 for each network a customer purchases individually.

    $250,000 per month for fixed costs, net $7.40 from a $9 subscriber, 33.7k subscribers needed before paying for backhauls and staff. Call it an even 40k before they make profit. :)
     
  2. BobS

    BobS Legend

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    Ok everybody, like Woodsy says: Give a Hoot, Don't Pollute! Forget the poll. But James you miss my point. I understand what you are saying but Charlie is such a sleaze that I am sure he would attempt to jettison the NPS contract if he regains DNS privileges. I asked how long this would take because I don't think he wants to give up a day's DNS profits. By the by, somewhere else you said DNS royalties were 40 cents/sub/net/month. I think the amount is 20 cents (to be 23 cents in a couple of weeks) regardless of the number of DNS signals you get. But I could be wrong.

     
  3. James Long

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

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    I see that personal attacks are common with you, even directed at the head of a major international corporation. :D
    "Somewhere else" is the post above yours. I'm trusting joblo for the price on this one (as he posted it a few posts back in this thread). If it is 20¢ per station it would be 40¢ per network with NPS since NPS sells networks in pairs.
     
  4. Tower Guy

    Tower Guy Godfather

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    In the event that E* regains DNS privileges they could buy out NPS pretty cheaply.
     
  5. dave1234

    dave1234 Icon

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    I think this quote(see James post above) speaks volumes of the real intent. I don't think E cares about distants as much as subscribers. Here's some rough math(because I don't know what the distants cost)...


    1,000,000(subscribers) * $5.00(cost of distants) * 12(months) = $60,000,000. not a big sum for E.


    1,000,000(subscribers) * $50(monthly E sub) * 12(months) = $600,000,000 this is a big sum....
    Assuming E loses these subsribers to D.
     
  6. BobS

    BobS Legend

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    Did I attack Rupert Murdoch? Oh, you mean Charlie. A major international corporation? Didn't know E* was available in Europe and Asia. A personal attack in the logic sense is something like "BobS says HD and digital are two different concepts. But BobS is a sleazebag so we shouldn't believe what he says." Charlie has a long, public history of dishonest conduct. Calling him a sleaze is simply a shorthand way of saying this. Don't forget that I was a big fan of his before he betrayed me and every other E* customer. I wrote glowing papers in college about his entrepreneurial talent and service to humanity. Like so many here, I didn't see the lack of integrity that lay underneath. Unlike some here, I am not willing to overlook his character defects in the interests of getting the entertainment programming I want or because of a conspiratorial obsession with Newscorp*. But I'm a sport. Why don't you conduct a poll and ask the people if Charlie is a sleaze, a shining white knight or simply the head of a major international corporation.:D

    With regard to the royalty rate, right above is somewhere else. :) I had been doing other things and didn't go back to check the location since it wasn't crucial to the issue. I think joblo's rate is correct (until 1/1/2007). I read "each station" as, well, "each station" not "each pair of stations" or "each package of stations." I am not up on all of the terminology, sorry.

    *Don't tell anyone but I don't much care for Mr. Murdoch either for a whole host of reasons, not the least of which is his use of a "convenience" American citizenship. I consider that a bigger affront than anything (that I am aware of) Ergen has done. But this forum is about DBS and Murdoch's transgressions don't play a role (at least directly) in the discussion.
     
  7. James Long

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

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    We are drifing a little ...
    :backtotop
     
  8. rocatman

    rocatman Icon

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    I was wondering about NPS providing distant HD networks for Dish. I don't remember all the HD provisions in SHREVA but could use of NPS circumvent some of the SHREVA requirements and allow folks at least in some of the smaller markets to receive distant HD networks sooner?
     
  9. James Long

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

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    IIRC SHVERA allows distant "digital stations" under similar rules to analog distants. The first caveat would be the "no earlier timezone" --- people west of the Central time zone would not be able to get any distant broadcasting on the Eastern/Central schedule.

    The second is in qualification. IIRC the signal testing rules are not in effect yet - so the idea of providing "digital stations" based on local digital signal coverage is yet to come.

    All, IIRC. Probably more detail in old threads in the SHVERA "Legislative Activities" forum.


    BTW: No court documents made public today. A transcript was filed in Indiana but it was not available via PACER at last check.
     
  10. bmanner

    bmanner Cool Member

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    I lost the CBS HD feed from NY due to this injunction. Now I have NO WAY to received a CBS HD signal (Milan TN in Western TN, Central TZ). Not from Dish, Not from Direct, Not from Cable, Not from OTA (Memphis is 75 miles away). I know that I don't know all of the legalities related to this mess, however I believe I should be able to pay for a CBS HD feed from somewhere. That seems like a reasonable right that someone has taken away.
     
  11. minnow

    minnow Legend

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    The other site has posted the Judges ruling that was made on Friday and made available today. The Judge has upheld the decesion from the Magistrate. DNS from NPS is a GO !!!
     
  12. James Long

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

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    Drat. The court didn't change the "Date of last filing:" from "12/15/2006"
    Filed: 12/15/2006 Entered: 12/18/2006
     
  13. makman

    makman Legend

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    So the judge basically said that that the plaintifs case is so weak, he is not waiting for the 5 days to see if they can come up with anything better. I guess at this point they would have to appeal to the Appeals court.

    Mitch
     
  14. James Long

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

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    The plaintiffs can still complain - it does give them direction on how to frame their complaints. There is an appeal court if the Plaintiff's feel there is more to say. (Not to mention a "motion for reconsideration", but both are unlikely to change anything.)

    While coming to the same conclusion, it is interesting how Judge Dimitrouleas found new words to give an opinion instead of echoing the writing of Magistrate Seltzer. There is a lot in the decision that I like ...
    And most important to the future of NPS:
    The pretty much seals the deal that NPS has permission to compete for distants customers without any additional restrictions placed on them simply because they lease an E* transponder or serve E* equipment. It is a good win for NPS.

    The Plaintiffs wanted the injunction clarified - they got the injunction clarified. :)
     
  15. James Long

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

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    For those keeping track, the 10 day temporary restraining order that requires Decisionmark to provide services to NPS expires tomorrow. NPS has applied (and Decisionmark won't oppose) to extend that temporary restraining order indefinately:
    Just protection to make sure Decisionmark doesn't cut off NPS again - although now that the Judge ruled in Florida (a fact missing in this ruling) it seems unnessisary to compel Decisionmark.
     
  16. James Long

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

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    First the good news for NPS ... out of Indiana. The TRO that requires Decisionmark to perform according to contract and qualify customers has been extended indefinately.

    Now the other news ... out of Florida. The plaintiffs have filed an objection to the magistrate's report (it would have been odd not to have filed), would like the decision reconsidered and have also refiled asking for discovery.

    Attached is the plaintiff's objection (in two parts) and their wish list for discovery.
     
  17. minnow

    minnow Legend

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    Those motions aren't going to change the decision of the Judge. This latest filing of garbage may have a twofold purpose; first, keep the costs running for NPS and Dish for lawyers to answer these filings and hope that NPS runs out of money and secondly, the plaintiffs are just paving the way to an appeal. The plaintiffs appear to be on the verge of desperation and throwing the perverbial load of crap against the wall to see what, if any thing sticks.
     
  18. James Long

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

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    This is sweet (for NPS) ... LATER THE SAME DAY Judge Dimitrouleas placed an order supporting Magistrate Seltzer AND denying the motion for reconsideration and motion for discovery.

    But, if course, the Plaintiffs have filed notice of an appeal. :D

    Merry Christmas everyone !!!
     
  19. BNUMM

    BNUMM Hall Of Fame

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    Just a quick note to thank Jim for the efforts to present the facts by posting the court documents. As an installer of Dishnetwork I like to keep informed and too many times I only hear rumors. Your extra effort saves me the time of finding what is true and what is not. Keep up the good work.
     
  20. lwilli201

    lwilli201 Hall Of Fame

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    Goes a little deeper than that.

    Go to allamericandirect.com/index.htm (have not made 5 posts yet so I can not post links :confused:

    Note that All American Direct is in the top 5 of Dish retailers.
     
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