FCC Docket 05-72: Public Comments against sale/transfer of VOOM Licenses

[rang1995]

Dolan to fight echostar

The Evening Bridge - March 29, 2005
TOP STORY - An entity led by Cablevision Chairman Charles Dolan, who wants to take over the VOOM DBS service from the company, asked the Federal Communications Commission to deny EchoStar's proposed $200 million acquisition of certain VOOM assets from the MSO. The joint petition was submitted by VOOM HD LLC, which Dolan set up to take over VOOM, and The Association of Consumers to Preserve and Promote DBS Competition, and the filing takes aim at EchoStar's proposed acquisition of 11 additional transponders at the 61.5-degree DBS orbital location. More details in Wednesday's SkyREPORT.

 

[jeslevine]

WOW, does this mean he doesn't have a satellite to broadcast Voom from?

 

[Bruce]

WOW, does this mean he doesn't have a satellite to broadcast Voom from?

This is already being talked about here:
http://www.satelliteguys.us/showthread.php?t=60216

One way for E* to help push the sale through, is to say to the FCC what their plans are for the bird and the transponders, if he says HD locals for a bunch of markets, I would think the FCC would care more about that then more SD channels about Greek Cooking Shows and the like.

 

[riffjim4069]

Well, it looks like the FCC has completed processing all comments, petitions and other documents received pertaining to this case file. The final total is: 309 - I am hoping our voices will make a difference!

 

[dbstv]

Dolan ask FCC to stop sale to dish

The Evening Bridge - March 29, 2005
TOP STORY - An entity led by Cablevision Chairman Charles Dolan, who wants to take over the VOOM DBS service from the company, asked the Federal Communications Commission to deny EchoStar's proposed $200 million acquisition of certain VOOM assets from the MSO. The joint petition was submitted by VOOM HD LLC, which Dolan set up to take over VOOM, and The Association of Consumers to Preserve and Promote DBS Competition, and the filing takes aim at EchoStar's proposed acquisition of 11 additional transponders at the 61.5-degree DBS orbital location. More details in Wednesday's SkyREPORT.

 

[James Long]

C Dolan's filing was interesting, and a lot stronger worded than I expected. Many of the pages were devoted to customer comments including those from Satellite Guys.

EchoStar has until April 12th (2 weeks) to file opposition comments. Then anyone that EchoStar writes in oposition to can file reply comments.

JL

 

[Rhodemaster]

One way for E* to help push the sale through, is to say to the FCC what their plans are for the bird and the transponders, if he says HD locals for a bunch of markets, I would think the FCC would care more about that then more SD channels about Greek Cooking Shows and the like.

Still don't think thats in the best interest of the public....maybe second just behind keeping a third DBS service running. Just my 2 cents.

 

[James Long]

One way for E* to help push the sale through, is to say to the FCC what their plans are for the bird and the transponders, if he says HD locals for a bunch of markets, I would think the FCC would care more about that then more SD channels about Greek Cooking Shows and the like.

Answering the concerns Voom HD LLC raised and correcting their assumptions is important.
1) The petition fails to note that the restrictions in the oft referenced Auction 52 Order also apply to Rainbow DBS
2) The petition assumes that transferring the STA transponders to Echostar would be permanent - it isn't. Voom's use of those transponders is not permanent. IIRC Voom's STA for those frequencies expires every 90 days, and can be pulled at any moment by the FCC.
3) The petition assumes that any STA grant to Echostar would be permanent asignment of those frequencies and that the FCC's decision to withold those licenses in the Auction 52 Order was a complete ban of use for four years.
4) The petition used the initial restrictions on the 28 transponders on 110 as an example of pro competition moves, but left to the footnote that E* was granted those frequencies - in a market where only two major DBS players existed and RainbowDBS was just a plan.
5) The petition incorrectly reads SHIVERA's one dish rule and assumes all locals MUST be on the primary dish. D* and E* both currently have 'one dish' markets on side slots and plan more as space becomes available.
6) The petition ignores the vast capabilities of Rainbow1 to provide LIL service into 22 spots across the country, treating R1 as a common ConUS satellite.
7) The petition assumes E* has no plans for the transponders based on a day one press release, ignoring E*'s history of use on the transponders. (EchoStar successfully used RainbowDBS's frequencies prior to October 2003 to provide locals and other services.)

The key to Voom HD's success in this petition remains in Voom being in business when the FCC makes the decision. The key to Echostar's success in getting the licenses is convincing the FCC that this is another MCI case, where despite an earlier decision in favor of competition the FCC ultimately decided there was no need to reserve the transponders for non-existant competition.

JL

 

[Bruce]

5) The petition incorrectly reads SHIVERA's one dish rule and assumes all locals MUST be on the primary dish. D* and E* both currently have 'one dish' markets on side slots and plan more as space becomes available.JL

Does SHIVERA allow locals to be on two different birds, say for the Detroit area for example, all of the area's SD locals on 110 and the HD locals for the same area on 61.5 or do they both have to be on one dish still?

 

[James Long]

Does SHIVERA allow locals to be on two different birds, say for the Detroit area for example, all of the area's SD locals on 110 and the HD locals for the same area on 61.5 or do they both have to be on one dish still?

HDs can be on a separate dish. The rule doesn't go into effect until June 2006.

Also note that the wording is 'one dish' - some of Dish's local markets are split between 110 and 119, but still on 'one dish' (Dish 500). Several E* markets remain split between 110 or 119 and either 61.5 or 148 - those will need to be changed. So far E* has not split markets between 110/119 and 105 or 121, even though a SuperDish could qualify as "one dish".

E* has previously stated that the SHVERA rules would cause them to lose markets - a claim I doubt with E10 and AMC-15 coming online with added capacity. Some new markets may end up on 61.5, and if E* gets Rainbow1 they WILL find a use for that space - even if they are not telling Voom HD their plans.

Side note: I spent the weekend with my in-laws and we were driving around in the Fort Wayne Indiana market. I saw a lot of locals dishes: D* 2nd dishes and E* Superdish121's.

JL

 

[TheForce]

WRT 2) and 3)
While what you stated is true in Black and white, I believe it is fair to state that when a set of licenses is in the hands of a user, and an overwhelming majoriety of interested citizens ( I make the assumption that those who responded in this petition were the only ones interested enough to respond) favor the FCC denying the transfer of licenses, that just because an older established business proposes to buy the competition out of their frequencies, it would happen. This follows the old rule of posession is 9/10 of the law. I certainly agree with you that the key for VOOM to keep the licenses and FCC to deny the transfer will be based on VOOM HD LLC being an operating company, using the frequencies for existing customers. I don't believe the FCC will consider that the big company can take away from the little company on the basis of just being bigger which is what each of the 6 respondents in E*'s favor stated as the reason to approve of the transfer.
We all should not forget that the E* contract to buy the licenses and sat assets happened at a time prior to VOOM HD LLC making the offer to keep VOOM alive, that Cablevision clearly had intentions of just shutting it down and had no use for the sat assets and licenses. Now, VOOM HD LLC is proposing to run all of VOOM. Of course we don't yet know how this will happen but I feel it is closer to becoming a reality than most realize based on the news releases.

There are also those who get scared of anything like the C Dolan petition, and jumped to the conclusion that without R1 they can't operate. These people obviously don't read. R2 is still there. The idea that the R1 petition was submitted was that keeping the sat operation the way it is, makes the VOOM HD LLC transfer that much easier even if VOOM HD LLC has to pay for what E* was to get extra in any buy from cablevision. However, CVC still has that contract with E* and aside from the FCC issue the contract is still a legal binding agreement. I think what C Dolan did with that petition is surely a gutsey move and is at risk of being sued by E* and cablevision board members for sabotaging a binding contract. It would have been better to have a completely independent organization and group like satguys.us do the petition work and Dolan just concentrate on keeping VOOM alive. I'd hate for Dolan to get mixed up in all sorts of SEC investigation and law suits by E* and Cablevision hostile board members and stockholders through this petition of his.

Anyway, this week I plan to upgrade my VOOM package and roll back, way back, my E* package. VOOM will become my primary provider with D* secondary when I make the move.

 

[shaun-ohio]

Dolan Takes VOOM Battle to FCC

Cablevision Chairman Charles Dolan, who wants to take over the VOOM satellite TV service from the company, sent a petition to the Federal Communications Commission earlier this week asking the agency to deny EchoStar's proposed $200 million acquisition of certain VOOM assets.

The joint petition was submitted by VOOM HD LLC, the entity Dolan set up to take over VOOM, and The Association of Consumers to Preserve and Promote DBS Competition. The FCC docket said the filing was submitted on behalf of Dolan, who has been at odds with the company concerning the future of VOOM.

The filing said VOOM HD is in the process of obtaining financial commitments from its controlling investors amounting to $400 million in cash and credit, and it stands "ready, willing, and able to compete for the purchase of the Rainbow DBS transponders located at 61.5 degrees should they once again become available in the market."

As for the EchoStar/Cablevision deal, the petition said the proposed transaction would conflict with an FCC policy of fostering competition and the new entry of DBS service providers. The filing also took aim at EchoStar's proposed acquisition of 11 additional transponders at the DBS orbital slot, and asked whether the deal would serve the public interest.

"By eliminating one of only three facilities-based providers of DBS service to U.S. consumers, the proposed transaction would result in the loss of the highly unique DBS service VOOM offers to its approximately 40,000 subscribers," the petition said. "The proposed transaction thus indisputably conflicts with the agency's stated policy of promoting competition in the DBS marketplace."

In January, EchoStar and Cablevision entered into an agreement in which the cable operator agreed to sell a satellite and other DBS-related assets to EchoStar for $200 million. In a statement released late Tuesday, EchoStar said: "We're perplexed that a member of the Cablevision board of directors would now file an objection after the remainder of the board had already voted to sell the Rainbow satellite. Nonetheless, we remain committed to completing the deal and using the spectrum to help us compete in a growing pay TV marketplace."

Following the EchoStar/Cablevision deal, Dolan established VOOM HD LLC to take over any remaining assets of the struggling satellite TV service. Dolan also pressured Cablevision to stop its plans to shut down VOOM at the end of the month.

 

[Dvlos]

40,000 and growing, everyone loves my HD, I see more converts floating in when people buy HDTVs and/or the word keeps getting around.

 

[Sean Mota]

Threads merged

 

[riffjim4069]

Well, it looks like the FCC has completed processing all comments, petitions and other documents received pertaining to this case file. The final total is: 309 - I am hoping our voices will make a difference!

Update:316

 

[James Long]

We all should not forget that the E* contract to buy the licenses and sat assets happened at a time prior to VOOM HD LLC making the offer to keep VOOM alive, that Cablevision clearly had intentions of just shutting it down and had no use for the sat assets and licenses.

We were given the impression that the sale was done over the kicking and screaming of C Dolan. It took a few days for "Voom HD LLC" to make public their efforts and way to long to get the financing arranged. A lot has happened and a lot has not happened.

But the deal was made and signed. On to the next level!

JL

BTW: When a news story is quoted can we please have a source? shaun-ohio's post looks like a news story. Credit where credit is due please.

 

[kfried001]

Done. Your Confirmation Number is: '2005330475649 '

 

[James Long]

Done. Your Confirmation Number is: '2005330475649'

Late filed?

JL

 

[redneck417]

i filed too

confirmation# 2005330641451

 

[ChrisDuncan]

Mine is #2005330997905.

I ended my comments with "please allow those with vision to triumph over mediocrity."