Congress likely to pass HD distant locals today!

[RBBrittain]

The following line was included in the story in my local newspaper (Arkansas Democrat-Gazette, assembled from New York Times and Associated Press stories) this morning on the final omnibus appropriations bill, drafted just before midnight Friday:
"Satellite TV companies will be allowed to beam high definition network signals to some remote customers..."
(The paper's site is www.ardemgaz.com, but most of their stories are for subscribers only. May be easier to find the underlying stories at www.nytimes.com, wire.ap.org, or other sites.)

So it seems we WILL see some form of HD distant locals. What the specifics are, as well as what it says on other issues (such as the two-dish solution and significantly-viewed channels), is still unknown; Thomas (thomas.loc.gov) doesn't have the final bill or conference report yet. (The bill being amended into the final bill is H.R. 4818, previously the "foreign operations" appropriations bill; the conference report is H.Rept. 108-792.) I'd be surprised if the House compromise on royalties wasn't in the final bill, since it was agreed to by representatives of both the satellite companies and major copyright owners (including MPAA).

There is a threat of a Senate filibuster (some women senators are opposed to a provision saying hospitals and doctors that get Federal funds no longer have to tell a woman who asks about abortion where to get one), but with a partial government shutdown looming if the bill doesn't pass today, it's almost certain to pass.

 

[RBBrittain]

That line appears to have come from the AP story. Here is the complete AP story as posted on Yahoo!:
http://story.news.yahoo.com/news?tmpl=story&e=5&u=/ap/20041120/ap_on_go_co/congress_spending
The exact AP quote, well into the story: "Satellite television companies will be allowed to beam high definition network signals to some remote customers."

 

[RBBrittain]

Here is a page on the House Rules Committee website regarding the omnibus appropriations bill:
http://www.house.gov/rules/h4818crfulltext.htm
Unfortunately, since it is a very big bill, I don't know as of yet where SHVIA renewal is tucked away in the numerous "divisions" of the bill, most of which are (obviously) appropriations. Will post more as I find it; right now I'm watching C-SPAN, where the House is debating an accelerated rule so they can consider the bill today.

 

[RBBrittain]

SHVIA renewal is on page 122 of this PDF:
http://www.house.gov/rules/h4818divj.pdf
At first glance, it appears they started with the House-passed bill (H.R. 4518).

 

[RBBrittain]

It's hard to search around in this copy because it's a PDF of scanned copies of draft pages; you just have to read thru it.

The first language on digital/HD distant locals is on page 139. At first glance, however, it seems it MAY only apply to those who qualify for analog distant locals. There will be NO new analog distant locals customers in DMAs where LIL is available, but it's unclear as of yet how that will affect digital/HD distant locals.

"Significantly viewed" is in the bill, as is a royalty provision (probably the House compromise). Two-dish is in it too, but I'll have to read on.

 

[RBBrittain]

The end date of the "two-dish solution" (bottom of page 181) will be 18 months after date of enactment, which will more than likely be today, possibly tomorrow.

 

[jssat]

The end date of the "two-dish solution" (bottom of page 181) will be 18 months after date of enactment, which will more than likely be today, possibly tomorrow.

Satellite TV broadcasters would be allowed to bring programming from distant markets to areas where local broadcasters don't offer digital signals of their own. The measure also would give Echostar Communications Corp., the No. 2 satellite-television service, 18 months to end its policy of offering local channels to customers over two satellite dishes. The company said the provision will cost it $100 million.

http://www.bloomberg.com/apps/news?pid=10000087&sid=aDt0ggzTk.vQ&refer=top_world_news

 

[mike123abc]

18 months to end wing transmission is great news! This would allow Dish to use 105 for HD and not have to mirror all the wing LIL. 18 months would be enough time to launch E10 and even build another satellite for 119/110 if they had to do so.

 

[RBBrittain]

The real meat on digital distant locals begins on page 190, line 12, and extends to page 208:
--All current digital distant locals subscribers (such as CBS-HD for certain E* customers) are grandfathered.
--Anyone in non-LIL [edit: or LIL] markets presently eligible for analog distant locals can get HD distant locals from markets whose network programming airs on or after the local market (i.e., Mountain/Pacific time zones can't get NY or Chicago). A new "digital white area" standard is to be established by the FCC.
--[Erroneous language on LIL markets deleted]

Of course, this is my first quick reading. I hope those of you who are more knowledgeable on SHVIA renewal issues will read it yourself.

 

[RBBrittain]

Another small but important point: Starting on page 212 is the extension of cable privacy laws to satellite. That means no one (not even John Ashcroft) can subpoena your satellite provider's viewing records (adult PPV or otherwise) to see what you watched; cable has had this protection since the 1980's. The satellite industry had no objections to the law, and they don't routinely disclose those records; but the problem was that without it, law enforcement could still subpoena them. Once this passes, they can't. :clap

 

[Scott Greczkowski]

Scott Peterson would have loved that law, as it came out that the night Lacy went missing he was ordering Extassy from Dish Network.

 

[RBBrittain]

The SHVIA provisions end on page 228. One more curious thing: Any DBS provider with more than 5 million subs (D* and E*) must provide analog LIL for all TV markets in Alaska and Hawaii within 1 year, and digital LIL within 30 months. (Another provision requires all boroughs of Alaska to be assigned by satellite carriers to a DMA even if Nielsen doesn't.) Some of the other special relief provisions (mainly New Hampshire, I understand) also made it in the final bill.

 

[RBBrittain]

A quick comparison: The House version of SHVIA renewal had a 1-year expiration date for "two-dish". The original draft of Ensign-McCain had a phased implementation; the committee-passed version specified 18 months, same as this bill.

BTW, Ensign-McCain finally advanced to the Senate floor yesterday as well; but that was probably a negotiating tool to get "digital white area" in the omnibus bill. With SHVIA in the "Christmas tree" appropriations bill now, I doubt Ensign-McCain will pass in its original form; and at first glance, I like the new bill better. (Especially since it allows anyone with analog LIL to get HD distant locals until HD LIL is available in that market, whether they can get HD OTA or not.)

 

[RBBrittain]

One more point of clarification: Though the current continuing resolution ends today, a new continuing resolution has been proposed to run until December 3. That gives the omnibus bill's drafters until then to finish the final draft, and for President Bush to sign it. The "date of enactment" for SHVIA will be the date the President signs the omnibus bill, which could be anytime between now and December 3.

Please note that what we're looking at now is a rough draft. Section numbers aren't final, but the essential text of the bill is in place.

 

[BFG]

Huh, Congress meets on Saturdays?

Well if this passes, I wonder if Dish Network will suddenly have room for more HD channels, maybe they'll finally remove the HBO/SHO HD channels on 148 and remove the pointless demo channel on 61.5

 

[ComcastOgre]

Dish is further along on the Alaska and Hawaii rule than DirecTV, but I didn't notice one of the stipulations I'm interested in. Is significantly viewed status included in this? I'd like to have WLFI (CBS Lafayette, IN) where I'm at.

 

[charper1]

Huh, Congress meets on Saturdays? Well if this passes, I wonder if Dish Network will suddenly have room for more HD channels, maybe they'll finally remove the HBO/SHO HD channels on 148 and remove the pointless demo channel on 61.5

Yes, it is a special session.

No, they will most likely use any open spaces to "shuffle" channels around to make the 18 month 2nd dish deadlines.

 

[RBBrittain]

Huh, Congress meets on Saturdays?

They do if they (a) don't want a government shutdown, which would happen if they don't pass an appropriations bill today, and (b) want to finish up before going home for Thanksgiving.

 

[RBBrittain]

Dish is further along on the Alaska and Hawaii rule than DirecTV, but I didn't notice one of the stipulations I'm interested in. Is significantly viewed status included in this? I'd like to have WLFI (CBS Lafayette, IN) where I'm at.

Yes, it is. Of course, I can't guarantee you'll be able to get a particular station; but if cable systems in your area can get WLFI, D* and E* should be able to offer it too.

 

[RBBrittain]

No, they will most likely use any open spaces to "shuffle" channels around to make the 18 month 2nd dish deadlines.

Or will they just fix that with E*10? Someone else said earlier that 18 months was sufficient to solve the problem with E*10 and perhaps another new 110/119 satellite.