All both parties had to do was honor the original contract. In the original contract, Jersey and Maryland were not BTN states, and thus with Rutgers and Maryland entering the B10, they could have easily said that the existing contract prevents them from showing the channel to residents of those states unless they subscribe to Multipack. That stance would have given Dish more money in the short term than putting up a fight over rates, so I believe it is Fox pushing the envelope, not the other way around.