BROADCASTERS CHALLENGED ON EMERGENCY ECHOSTAR PETITION
Emergency must-carry petition filed by NAB and ALTV is beyond scope of Congress and would boomerang on their members by cutting off EchoStar subscribers’ access to local broadcasts in major markets and should be denied, Satellite Bcstg. & Communications Assn. told FCC in filing Wed. NAB and ALTV would “rather shoot themselves and their members in the foot for political gain than allow satellite carriers to bring local TV signals to as many subscribers as possible,” SBCA argued. Meanwhile, NAB and ALTV continued to push Commission to “block scheme” by EchoStar to require subscribers to install 2nd dish to receive local signals. Groups said they believed FCC rules prohibited satellite carriers from using 2 separate dishes to receive full package of local channels and subscribers shouldn’t be required to buy 2 dishes to receive signals for local channels.
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Original proposal by ALTV and NAB to rewrite Commission’s regulation to impose one-dish solution is contrary to both language and intent of rule adopted, SBCA said. It said position of broadcasters was legally unjustified and overlooked practical effect of what broadcasters were seeking. Imposition of one-dish rule would cause curtailment of satellite distribution into all local- into-local markets since satellite channel capacity simply wasn’t available to provide one-dish access in all local markets.
NAB has proclaimed its opposition to EchoStar takeover of DirecTV while demanding more local-into-local service, SBCA said, and now it’s asking EchoStar, which through no fault of its own hasn’t received delivery of its spot beam satellites, to implement one-dish must-carry solution. Irony is that proposed deal would be “most effective, efficient and speedy way” to achieve goals of NAB, SBCA said.
Broadcasters said FCC should impose waiver process for unavoidable technical problems of new spot beam satellites. However, EchoStar shouldn’t receive waiver if it’s shelving or postponing plans to use its own spot beam satellites to offer local-to-local service on ground that instead it can rely on either 2-dish system as permanent solution if acquisition is rejected or on DirecTV’s spot-beam satellites if it’s approved.
NAB and ALTV also said they doubted offer of free equipment was legitimate because it hadn’t been publicized. “EchoStar’s long-promised letter to subscribers confirms the brazen hide-the-ball strategy” of company, they said. Free dish offer isn’t mentioned in letter in text. “The only way a subscriber could become aware of the offer is by carefully studying a footnote that says channels vary by market,” broadcasters said. “Some channels may require the installation of additional hardware, with installation available at no cost until March 31, 2002.” Company attempting to promote free offer wouldn’t bury it in footnote, NAB and ALTV said. “In other words, EchoStar evidently hopes to keep its free offer quiet for as long as possible, and then end the offer before any significant number of viewers have heard about it.”
Telemundo filed petition supporting NAB, saying EchoStar carries 8 Telemundo stations in manner that’s clearly discriminatory, harmful to public interest and illegal. EchoStar is discriminating against Spanish-language TV station, it said.