Encouraging FCC to Minimize Service Interruptions by Implementing Significant Rule Adjustments (EchoStar's Recommendation)

Encouraging FCC to Minimize Service Interruptions by Implementing Significant Rule Adjustments (EchoStar's Recommendation)

Going Rogue on the Small Screen: Dish's Bold Move to Shake Up TV's Power Structure

The Capital - Dave Shull, the head honcho at Echostar (owner of Dish), has taken a swipe at the Federal Communications Commission (FCC) by filing comments urging the agency to ditch archaic rules that strangle satellite providers, including Dish, from importing distant signals to compensate for network programming lost during skirmishes over retransmission consent.

This move is bound to ruffle broadcasters' feathers, as it could significantly erode their upper hand during negotiations over retransmission consent.

The FCC's latest endeavor, a docket referred to as "Delete, Delete, Delete," has become the talk of the town (the second most active docket, to be specific), inviting comments on rules that are out of date. With 559 filings over the past 30 days, this docket is making waves on the FCC's website.

EchoStar's proposition essentially weakens station groups' grip on pay-TV providers during retrans conflicts by permitting other network affiliates to jump into the fray during high-profile sporting events and other must-watch programming during blackouts.

In the April 10 filing, EchoStar argues, "Permitting the importation of a distant signal during blackouts is a simple way to protect consumers and restore balance to negotiations." To achieve this goal, the FCC doesn't need to cast a new rule, contends EchoStar, adding, "Broadcasters have the power to waive the distant signal restriction. The Commission can accomplish this significant pro-consumer outcome by reminding broadcasters of the totality of the circumstances standard (47 C.F.R. § 76.65(b)) applicable to the good faith requirement and explaining that a refusal to grant a waiver in such circumstances can be relevant under the standard."

Besides, EcoStar also implores the FCC to:

• Ax the syndicated exclusivity and network nonduplication rules;
• Axe the political file rules applicable to DBS providers;
• Steer clear of issuing further market modifications;
• Delete, in effect, the prohibition on Importing distant network signals during a blackout;
• Axe the "HD carry-one, carry-all" rule;
• Clarify the "Nn alteration/deletion" rule.

You can find the complete filing here, while TV Tech's full FCC coverage is available here.

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Insights:

• By allowing satellite providers to import distant signals, the proposal could boost competition among satellite carriers and provide consumers with more options.
• The proposal aims to address the issue of blackouts resulting from retransmission consent disputes and could offer alternatives to viewers during such periods.
• The proposal signifies a shift in the regulatory approach towards satellite broadcasting, which could impact future disputes and the overall regulatory framework for satellite services.
• The proposal could lead to an increase in content diversity, including sports and entertainment programming, benefiting viewers who depend on satellite services.
• Implementing this change would require a careful balancing of legal and technical issues, including copyright and licensing agreements, and possibly updates to existing satellite infrastructure.
• Local broadcasters might voice concerns over potential competition from distant signals, which could affect their revenue and viewership.
• The technical and legal complexities of integrating distant signals into existing networks pose significant challenges.
• While offering more choice could benefit some viewers, others might grumble about the quality of distant signals compared to local ones.

1. EchoStar, in an April 10 filing, suggested the FCC should remove antiquated rules to allow satellite providers like Dish to import distant signals, a move aimed at compensating for lost network programming during retransmission consent disputes.
2. By permitting the importation of distant signals during blackouts, satellite providers can protect consumers and return balance to retransmission negotiations, according to EchoStar's argument.
3. In addition to eliminating the distant signal restriction during blackouts, EchoStar also urged the FCC to ax syndicated exclusivity and network nonduplication rules, delete political file rules applicable to DBS providers, avoid further market modifications, and clarify the "Nn alteration/deletion" rule.
4. This proposal could lead to increased competition among satellite carriers, providing consumers with more options, and offering alternatives to viewers during blackout periods resulting from retransmission consent disputes.
5. The proposal's implementation requires careful consideration of legal and technical issues, including copyright and licensing agreements, and possible updates to existing satellite infrastructure.
6. Local broadcasters may express apprehensions over potential competition from distant signals, which could impact their revenue and viewership, while viewers might grumble about the quality of distant signals compared to local ones.

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