Fact is, D* (and E*) have limited bandwidth, lots of customers to try and make happy (by adding channels, good or bad), and mandates requiring them to expend bandwidth on public interest stuff and the like, I agree that by a DBS company not revealing this issue is dishonest, but, really, other than being 'honest' with the customer, what good would it serve?, sure a few people might give D* props for being honest (but probably not publically like when a DBS provider does something _wrong_), but it wouldn't raise their bottom line any (remember they are here to make money, not friends), so instead they conceal it, is it right? probably not, is this unique to DBS providers? nope. ISPs practically invented this model, i.e. "Unlimited Internet", overselling their modem pools (AOL at it's worst had something to the effect of 1 modem per 70 customers (the avg of that time was 11 cust. to 1 modem)), even today, all ISPs oversell, is it right? probably not. The difference is, ISPs don't have to launch new satellites and buy new CPE for every customer that needs upgrading to a system with better bandwidth (in DBS's case, mpeg4).
Sure they could drop some of the non-mandate crappy channels, but who's to say what channel is crappy and what's not for every single customer? no matter what non-mandated channels they took off, you'd piss some group off.
I am not defending them in how they market, but I do not think they are doing this to 'mess with our heads" or "p*ss us off". Remember the marketing dept. is a totally different animal than the rest of a company.