waltinvt said:
I don't think it was ever the intent of congress to prevent white area people from getting distants just because their satellite provider carried LiLs for their DMA but even if it was, that contingency has never really sounded like it would stand up to legal arguments (as someone else pointed out). The whole definition of "unserved" was always about OTA signal reception.
Tampa8 said:
Yes, yes yes! You and cj9788 get it 100%. This was my reply to Greg and others in earlier posts. The whole concept of distants was definately based on networks providing a free signal OTA Period. If they did not, you could get distants from whoever would provide it.
But what you are all missing is the concept of offering distants. Distant networks were created in 1988 to allow those who had no means of receiving a network channel to receive one. Because the networks were about to start scrambling their satellite feeds, Congress stepped in and created this government-approved handout for the limited few that could not receive networks.
Fast-forward to 1999, and satellite finally was in the local market game. That certainly changes the need for distants, especially when both DirecTV and Dish Network offer local channels to over 94 percent of the nation's households.
And whether or not based upon the intent of Congress, the law states if a subscriber can receive local stations from their carrier of choice, then the distant networks are unavailable to them.
Tampa8 said:
When Dish first added locals, you could legally get distants also if you were in a white area. (Thus those that were grandfathered) And why was grandfathering even needed? Because the rules were changed making you pay for locals if you were in a white area, and then not be able to get distants.
One hundred percent incorrect.
The "grandfathering" part of the law was added to allow customers that were in Grade B areas and cut-off during 1999 to keep their distant networks. It had nothing to do with the availability of local channels.
Then, in 2004, the law was changed again. New customers that could get their local channels could no longer get distant networks. Those customers that had distant networks can keep them provided they do not subscribe to local channels.
Yes, the laws have been changed. And the laws have been changed because it is the preference of all parties involved (except the customer and possibly Dish Network) to have everyone receive local channels.
So, like I said before, in order for Dish Network to be able to retransmit significantly-viewed channels, the law will need to be changed. And if there are people going to work on changing the law for Dish Network's benefit, the NAB and the networks will probably be standing right there to change the law to their benefit, as well.
Arguing any of the above points is moot.