Tenth U.S. Appeals Court, Denver, upheld decision by lower court ...
Tenth U.S. Appeals Court, Denver, upheld decision by lower court that granted preliminary injunction to Dominion Video Satellite in contract dispute case with EchoStar currently in arbitration, but court left decision to U.S. Dist. Court, Colo., on whether further…
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proceedings and hearing on factual findings in case were necessary. Lower court also will decide on amount and form of bond Dominion must post to continue case. Company has posted $10,000 bond based upon lower court ruling following hearing Feb. 8. Case involves type of payment required for subscribers of Dominion’s Sky Angel Network and whether Sky Angel customers are required to purchase DISH network packages or DISH receiver to fulfill terms of Dominion contract with EchoStar. EchoStar sent Dominion letter Jan. 26 announcing EchoStar no longer would activate Dominion subscribers unless they bought minimum amount of DISH network programming, unsubsidized satellite receiver directly from EchoStar or Dominion- specific smart card. EchoStar said goal was to “remedy the problem” of Dominion subscribers’ receiving subsidized prices without fulfilling their commitment to EchoStar, which would make them eligible for subsidies.