[fredfa]

The latest SHVERA news from Broadcasting & Cable:


Birds Keep Feeding Distant Signals

By Bill McConnell -- Broadcasting & Cable, 6/3/2004 6:37:00 PM


The House Commerce Committee Thursday approved legislation that would renew through 2009 satellite TV carriers' right to import out-of-town network feeds to subscribers who don't get acceptable signals from their local affiliates. It would also give satellite companies a year to phase out their controversial two-dish policy.


As expected, Echostar and DirecTV would be forced to stop selling imported channels once they add local stations to the channel lineup in market.


The FCC also would be ordered to study whether to allow DBS companies to import digital version of networks feeds, something satellite companies and some activist groups have been pushing for.


The Commerce Committee bill also gives Echostar one year to phase out its practice of dividing local channels between two dishes. Broadcasters complain the practice hurts independent stations that are mostly relegated to the second dish because satellite subscribers frequently don't bother to have it installed.


The House and Senate Judiciary Committee are expected to approve the legislation next week and aren't expected to make major changes to the House Commerce Committee's version. Senate Commerce Committee Chairman John McCain still hasn't said when his panel will take up the legislation.

-------------


And some added details from Skyreport.com:



"....The bill contains more detail about rules governing the delivery of significantly-viewed stations and proposes remedies if a broadcaster feels that a satellite TV carrier is importing a signal improperly.


Specifically, the legislation authorizes a satellite TV carrier to retransmit to subscribers the signal of any TV station that a cable system in the same community is authorized to retransmit or if the station is considered a significantly-viewed channel within the specific area. In communities without a cable system, a satellite carrier would be authorized to retransmit to subscribers the signal of any significantly-viewed station under the SHVERA legislation."

 

[garydean]

Thanks for the update, fredfa. Now, if I ccould pick which market my DNS comes from, I would be a happy camper.

 

[timmy1376]

What about markets witout a UPN or WB affiliate like Topeka? Does this bill allow for Directv or Dish to import those from Wichita or Kansas City??


On cable they do not have them, but they do have a CBS and a ABC from KC. Why dupe CBS and ABC when we dont have UPN or WB?

 

[fredfa]

To be honest, Timmy, it is probably because so many fewer people watch UPN or WB stations. Not to mention that UPN is on just 10 hours in prime time and the WB just 13. Fox is on 15 hours, ABC, NBC and CBS are on for 22.

In addition, just using last week's ratings, 2.8 million viewers on average were watching UPN and 2.2 million the WB.

At the same time, Fox has 11.6 million viewers per average half hour; CBS 9.6 million, NBC 7.2 million and ABC 6.4 million.

So the two networks together broadcast about as many prime time hours as one of the big three and average about a third of the viewers.

I guess it just isn't on anyone's radar yet.

If I were you I would find out if a ME Congressman or Senator is on the appropriate committees, and if so, write to them.

Otherwise, just write your concerns to either the Committee chairman or to the FCC Media Bureau chief, Ken Ferree.

 

[foxfan]

What do the new letters stand for (SHVERA)?


I'm having quite a few problems with the passing of this.


First, D* and E* have to phase out their two-dish policy! Does this mean that the DirecTV 72.5 sat relocation for locals will not be approved and the new sat won't bring us the added bandwith expected? Isn't this a huge blow to DirecTV?


Also:
Quote:

Echostar and DirecTV would be forced to stop selling imported channels once they add local stations to the channel lineup in a market.

Does this mean that if you have waivers for stations in your market who currently aren't carried on D* in order to get the NY nets, the waivers will be revoked once the locals get carried? That sucks. The locals would probably be more compressed than the NY ones so quality would suffer.


Plus, why haven't they made a decision on distant HD networks for areas with delinquent stations or tree-hugging delays??? This should have been the most important part of the SHVIA decision.

 

[mwesson]

Quote:

Does this mean that if you have waivers for stations in your market who currently aren't carried on D* in order to get the NY nets, the waivers will be revoked once the locals get carried? That sucks. The locals would probably be more compressed than the NY ones so quality would suffer.

It REALLY sucks if D* starts carrying HD feeds of these networks. - For instance, I get ABC and NBC distant feeds through wiavers right now. If D* starts broadcasting these in HD, that would be very sweet (as I cannot receive them OTA, hence the waiver).


HOWEVER, they are supposed to be adding local channels for our market late this summer. If they take away the national feeds, there goes all hope of getting the networks in HD through them...

 

[fredfa]

re foxfan:

The Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA).


and re mwesson:

"...The FCC also would be ordered to study whether to allow DBS companies to import digital version of networks feeds, something satellite companies and some activist groups have been pushing for."

 

[Montezuma58]

Quote:

Originally posted by foxfan What do the new letters stand for (SHVERA)? I'm having quite a few problems with the passing of this. First, D* and E* have to phase out their two-dish policy! Does this mean that the DirecTV 72.5 sat relocation for locals will not be approved and the new sat won't bring us the added bandwith expected? Isn't this a huge blow to DirecTV?

It doesn't prohibit multiple dish systems. It just means that all of the local channels must be received through one of the dishes. DirecTV can still put locals at 72.5?(assuming FCC approves). They just have to put all of a market's locals on 72.5?. They can't put part of them on the 119? sat and the other part on the 72.5? sat.

 

[foxfan]

Oh. OK. Thanks for the explanation.


Does anyone have a link to the actual government document where the decisions have been rendered?


When is the FCC expected to rule on the 72.5 sat and distant network HD?

 

[foxeng]

Quote:

Originally posted by mwesson It REALLY sucks if D* starts carrying HD feeds of these networks. - For instance, I get ABC and NBC distant feeds through wiavers right now. If D* starts broadcasting these in HD, that would be very sweet (as I cannot receive them OTA, hence the waiver). HOWEVER, they are supposed to be adding local channels for our market late this summer. If they take away the national feeds, there goes all hope of getting the networks in HD through them...

In the SD world the purpose of the distant network carriage is to let you have that networks programming if it isn't available in your area. To start receiving the local signal and to get the distant signal defeats the purpose and goes against the SHVIA law and the contract between the station and the network. There is no provision in the SHVIA law for HD distant signals.


There are no announced plans to broadcast ABC or NBC distant HD stations on D*.

 

[mwesson]

Quote:

Originally posted by foxeng In the SD world the purpose of the distant network carriage is to let you have that networks programming if it isn't available in your area. To start receiving the local signal and to get the distant signal defeats the purpose and goes against the SHVIA law and the contract between the station and the network. There is no provision in the SHVIA law for HD distant signals. There are no announced plans to broadcast ABC or NBC distant HD stations on D*.

Yeah, I understand what you are saying and the intent of everything. But it still sucks for those of us who were hoping to get some of our network HDTV via D* (since we can't receive it OTA).

 

[foxeng]

Quote:

Originally posted by mwesson Yeah, I understand what you are saying and the intent of everything. But it still sucks for those of us who were hoping to get some of our network HDTV via D* (since we can't receive it OTA).

One thing IMO that everyone should remember is that if, and I am reading the tea leaves correctly, the SHVERA is amended to allow distant HD, there is no law that says ABC or NBC HAS to give the sats a HD feed. Just if it is available then the sats have to pony up.


Just like there is no law that says EVERY network HAS to be available in EVERY market.

 

[timmy1376]

Quote:

Originally posted by foxeng In the SD world the purpose of the distant network carriage is to let you have that networks programming if it isn't available in your area. To start receiving the local signal and to get the distant signal defeats the purpose and goes against the SHVIA law and the contract between the station and the network. There is no provision in the SHVIA law for HD distant signals. There are no announced plans to broadcast ABC or NBC distant HD stations on D*.

But it doesn't matter if they give you a wiaver does it?? Say my local low power Fox grants me a waiver, and Directv give me Fox New York. In a month, Directv will start carrying Fox Topeka, will they take away Fox New York, even though they gave me a waiver??? They shouldnt.

 

[fredfa]

Actually one of the topics brought up at the House Commerce Committee hearing the other day was to allow distant network HD carriage UNTIL a local station provided adequate HD coverage in its market.

Some Members of Congress think that, coupled with the FCC's Media Bureau's recommended failure to approve multi-cast must-carry, would quickly end the stalemate over HD's future.

I agree.

If a local station know its network signal will be imported (by satellite AND MSOs) if it doesn't provide an HD signal, and if it knows MSO and satellites will not be forced to carry their multicast signals, the decision to quickly ramp up HD would be easy.

Or they would lose their HD viewers almost immediately.

And as foxeng has (accurately I believe) pouinted out, once viewers get used to distant networks, they will not want to lose them, even when the local station belatedly starts offering HD.

Broadcasters had better not let that distant network genie out of the bottle or their local business will be irreparably harmed. Ironically, their own slow acceptance of HD may be the one thing that allows distant networks to get a permanent foothold.

-----


re timmy:

as I understand it, once you have a waiver you have it.

Period.

It can't be withdrawn.

That is why so many stations are so reluctant to give them out.

 

[fredfa]

re foxeng:

"...There are no announced plans to broadcast ABC or NBC distant HD stations on D*."


But D* has had numerous discussions with NBC and ABC about adding them to the CBS HD and (soon to be) Fox HD feeds. Both for distant network purposes and for the O&O areas.

I have been told by people I trust at those networks that an agreement MIGHT be made in time for the Olympics (in NBC's case) and MNF for ABC.


Such an agreement would allow D* much more leverage in about a third of the country's households covered by O&Os.

You might note that the proposed regulations also makes it almost impossible for stations in neighboring cities to deny carriage. (This will have great effect in HD carriage in Baltimore/Washington, Boston/Providence and many other areas.)

The new proposed SHVERA regulations will allow DBS to deliver any station that is currently delivered by cable companies in the area. So, presumably, CT D* or E* customers would be able to get their local CT stations PLUS NYC stations, etc.

 

[Skyboss]

They ought to simply turn on the network feeds in HD on DBS as a stop gap until LIL is possible. With all the HOA BS and OTA reception nightmares, it's a bunch of bull to go through this "waiver" BS. Screw advertisers. I mean, do you buy Tide because a commercial says so, or because your mom used it? Think about that for a minute.

 

[foxeng]

Quote:

Originally posted by timmy1376 But it doesn't matter if they give you a wiaver does it?? Say my local low power Fox grants me a waiver, and Directv give me Fox New York. In a month, Directv will start carrying Fox Topeka, will they take away Fox New York, even though they gave me a waiver??? They shouldnt.

I believe the correct answer is YES. The waiver is originally granted because you CAN"T receive the local. When you can, the waiver is not needed and the distant goes away. That is only fair, don't you agree?

 

[foxeng]

fredfa, as you correctly quoted me as:
Quote:

..There are no announced plans to broadcast ABC or NBC distant HD stations on D*."

As you very well know, they are in talks with all kinds of people all the time. My personal opinion is that ABC and NBC will be forced to come on, whether they like it or not. I think they will hold out as long as they can, but it is inevitable.

 

[foxeng]

Quote:

Originally posted by Skyboss They ought to simply turn on the network feeds in HD on DBS as a stop gap until LIL is possible. With all the HOA BS and OTA reception nightmares, it's a bunch of bull to go through this "waiver" BS. Screw advertisers. I mean, do you buy Tide because a commercial says so, or because your mom used it? Think about that for a minute.

Question: Could it be the reason D* is pushing to add LIL HD is to get around the distant HD issue all together?

 

[fredfa]

Foxeng: if they get an HD agreement from ABC and NBC, they'll be able to offer HD programming to (O&O territories) well over a third of the households in the nation.

(And if the SHVERA bill passes as now constituted, they will not have to worry about overlapping coverage areas. It would allow satellite companies to offer LIL coverage of any stations offered by cable in a community. Presumably that would also apply to HD delivery.)

That means they will have, in their minds at least, a competitive advantage in that 35%+ of the nation over E*, V* and MSOs.

It would also allow D* a little breathing room as it builds out its HD LILs.