BROADCASTERS SEEK RECONSIDERATION OF ECHOSTAR 2-DISH PROPOSAL
FCC’s “remedies” for providing nondiscriminatory EchoStar carriage of local TV signals (CD April 5 p5) aren’t sufficient to solve problem, APTS, Univision and Paxson said in petitions to Commission. EchoStar also asked agency to review bureau-level decision, saying it was already complying with Satellite Home Viewer Improvement Act (SHVIA) and imposing additional conditions “cannot be sustained as a matter of fair administrative procedure and due process of law.”
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EchoStar carriage of some “disfavored” local TV stations on secondary satellite is “inherently discriminatory” and bureau’s notification and other remedies don’t solve that problem, Univision said. Paxson agreed conditions wouldn’t solve what it called “illegal conduct.” APTS said just allowing EchoStar to provide more publicity about so-called “wing” satellite carriage didn’t meet SHVIA requirements. It said all local stations should be carried on primary satellites unless EchoStar automatically installed 2nd dish free for all subscribers.
EchoStar said FCC never could have supported argument that 2-dish carriage was inherently discriminatory, so company wasn’t violating SHVIA. It said, however, it was willing to take some “remedial steps… The purpose of this petition for reconsideration is simply to avoid any implication that EchoStar has acquiesced in a finding that it violated the law.” It seeks clarification that 2-dish operation isn’t discriminatory, doesn’t violate contiguous channel requirement or electronic program guide rules.
EchoStar is providing all local channels through single dish in only 5 of 36 markets where it offers local-into-local DBS service, it said in report to FCC. It said DBS operator was implementing multiple consumer education and notification initiatives about free 2nd dishes, with “millions” of letters already sent to subscribers. It asked FCC for any waivers necessary to implement 2-dish plan as outlined, saying there were no technological alternatives.