Waiver for SD Local--also to include HD local?

[Lucky]

So if you request a waiver, and the local station does not answer in 45 days, can you then ask Dish to grant the waiver, and turn on the station ? Is that how it works ?

 

[rdinkel]

So if you request a waiver, and the local station does not answer in 45 days, can you then ask Dish to grant the waiver, and turn on the station ? Is that how it works ?

I think that is how it should work, but I do not know for certain how Dish handles it. On my account I show a waiver that was requested in 2003 and never answered. Dish treats that like an approved waiver. I just don't know how long they actually give the local stations to answer. Dish does not want to get in trouble--it can get expensive for them if they cannot document the authority to let us have distant networks.

 

[FreddyvsJasonvsAsh]

who's going to know what channels you have except Dish?

 

[waltinvt]

Just due to the practical problem of managing the various waivers, I expect Dish to grant access to distant HD to anyone who presently receives distant SD. It would then be up the individual affilitates to challenge Dish for each customer granted such access. And that would be a huge admin load for the local stations. As it is, many local stations fail to respond to Dish's waiver requests within the FCC's 45 day time limit. Just imagine how much time would be required for each challenge resolution. That is why I am going out of my way now to have all my waivers in place or updated.

It's not so much a "challange" situation but probably a matter of law suits. Because the potential for fines / court settlements is so great and DBS has historically lost in court so much, satellite companies want to be sure their butts are covered - especially since the FCC is so obviously anti-sattellite. This is why they tend to go with waivers except in areas where stations have already specified their signals can't reach or areas owned & operated by the network.

If congress, the FCC and the NAB where reasonable and fair and customers didn't lie about their signal reception or physical addresses, this situation probably wouldn't be near so bad.

 

[waltinvt]

who's going to know what channels you have except Dish?

There are aspects to the SHVERA that require DBS to notify afilliates of which customers in their dma are receiving distants.

In most instances, the burden of proof lies (disproportionally in my opinion) on DBS.

Currently, because everything favors the afilliate, it all boils down to the satellite company having something in writting exempting them from copywrite infringment. Come June, the scales will tip a little more toward the viewer in some areas as the option for digital signal testing comes into being.