Quoting from the FCC site:
Distant Digital Signals
In general, if a satellite carrier offers local-into-local digital signals in your area, it is not allowed to offer you distant digital signals, unless you were receiving distant digital signals as of December 8, 2004. At this time, no satellite carriers are offering local-into-local digital signals.
Subscribers who are “unserved” with respect to analog service are eligible for distant digital signals. Satellite carriers are not required to offer distant digital signals.
END QUOTE (Note: Above bolding mine)