May 18, 2008
Dish Network Subscriber Access to Broadcast Television Signals
Many Dish Network Subscribers are worried about recent issues that have been raised about their access to broadcast television signals, as a result, Senator Wyden is working hard in Congress to ensure that Oregonians can continue to receive broadcast television stations via satellite.
Recently, the four major broadcasters brought a suit against EchoStar for improperly providing distant network signals to customers. EchoStar, which owns Dish Network, was found in May 2006 to have been illegally providing these signals. Current satellite and copyright law requires that if a consumer can receive local signals "over-the-air," then it is illegal to give those consumers distant signals instead. There are many reasons for this, one being that community businesses that advertise on local broadcast stations would be deprived of reaching their local market, thus hurting local economies. The court ruling in this dispute has shut off all Dish Network distant station signals, not just those sent to customers who can receive over-the-air signals. While the court ruling appears to be the correct ruling under law, Senator Wyden is concerned about the effect the court's decision could have on EchoStar customers who were properly receiving distance signals but will have their signal turned off anyway.
The broadcasters and EchoStar successfully negotiated a compromise that would not prevent EchoStar customers from receiving broadcast stations. However, one major broadcaster, Fox, refused to sign on to this settlement. Fox and its corporate parent, News Corp., have pressed the court to move forward with its decision and shut off all Dish Network distant station signals. On October 20, 2006, the court ruled that EchoStar must stop selling distant station signals of all the broadcast networks party to the suit. This ruling took effect on December 1, 2006.
Senator Patrick Leahy of Vermont introduced the Satellite Consumer Protection Act of 2006 in early November 2006. This legislation would have allowed Dish Network to continue sending distant network signals to people who would otherwise be unable to receive some or all of their local broadcast stations by another satellite provider. The Senate adjourned the 109th Congress, however, before action could be taken on this legislation.
Senator Wyden has had many meetings with the broadcasters, EchoStar and News Corp. since May to try and get the parties to the table for negotiations to protect consumers. He was pleased to learn of the successful negotiations between most of the broadcasters and EchoStar to protect consumers and allow EchoStar to continue to deliver broadcast stations.
Senator Wyden has serious concerns about the actions of Fox—as News Corp. also owns DirecTV—which stands to benefit more than anyone from a shutdown of EchoStar distant signals. In revisiting media ownership rules, it is important that the FCC and Congress take a look at the possible anticompetitive effect that this cross-ownership of Fox and DirecTV has on consumers.
Senator Wyden is continuing to work to fix the communications problems Oregonians have been facing due to either a poor communications framework or this EchoStar lawsuit. In addition, Senator Wyden is working to ensure that if there are no local broadcasters of one or more of the four main networks, like in Deschutes County, consumers may receive distant network signals. Finally, plans are underway to ensure that Oregonians in Wallowa, Grant, Mallheur, Umatilla and Morrow Counties can receive not just broadcast channels from Idaho or Washington, but Portland channels as well.
Share Your Views with Senator Wyden
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