Dish / INHD News

[Scott Greczkowski]

Here is something interesting from the Transmitter.

http://www.transmitternews.com/91106newsletter.html#H1

EchoStar’s Complaint Dismissed Without Prejudice

On July 5, 2005, a program access complaint was filed on behalf of EchoStar Satellite LLC against iN DEMAND LLC pursuant to Section 628(d) of the Communications Act of 1934. EchoStar alleged that iN DEMAND’s fee structure for the sale of INHD programming violated the Commission’s rules because it discriminated in its price, terms and conditions. EchoStar alleged that ID’s fee structure constituted an unfair practice in violation of Section 628(b) of the Act and Section 76.1001 of the rules. EchoStar further alleged that ID’s conduct amounted to a de facto exclusive reservation of the INDHD programming to cable systems and violated the Commission’s prohibition on exclusive cable contracts.

On September 6, 2006, pursuant to Section 76.7(a)4(iii) of the Commission’s rules, EchoStar withdrew its program access complaint against ID and asked the Commission to dismiss the complaint without prejudice. The FCC has granted that request and the complaint has been dismissed.

 

[charper1]

Does the phrase "dismiss without prejudice" mean that there is a temporary halt without any determination and that at any time the same or new claims can be filled?

 

[mattb]

EchoStar withdrew its program access complaint against ID and asked the Commission to dismiss the complaint without prejudice. The FCC has granted that request and the complaint has been dismissed.

I take that as "someone" ala Charlie (E*) is liking ID a little more than he has in the past (maybe they have came to terms?)

 

[Sicemdawgs]

"Dismissed without prejudice" means that Dish can refile the claim at a later date, if they desire.

"Dismissed WITH prejudice" means the complaint cannot be refiled.

 

[ssj2]

"Without Prejudice" means the complaint can be re-opened or re-filed. "With Prejudice" would mean the matter is resolved and could not be re-opened.

 

[gjh3260]

maybe both DISH and INHD have come to terms already and INHD will become available soon especially since it has been uplinked.

 

[Scott Greczkowski]

maybe both DISH and INHD have come to terms already and INHD will become available soon especially since it has been uplinked.

I think they were waiting for this to be done before turning on INHD. This is a very good sign.

 

[gjh3260]

an even better sign would be to turn on INHD and the RSN's at the same time........just wishful thinking

 

[riffjim4069]

Before anyone forgets, Rainbow Networks (aka VOOM) was the first to pursue this issue by filing a programming access complaint with the FCC, in late 2004, prior to shutting own VOOM DBS (the former satellite service). In any case, it should be interesting to see if INHD goes live on DishHD in the near future.

 

[Scott Greczkowski]

Here is the info from the FCC.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1784A1.pdf

 

[JohnL]

Does the phrase "dismiss without prejudice" mean that there is a temporary halt without any determination and that at any time the same or new claims can be filled?

Charper1,

Dish Network asked for the FCC to drop the complaint. Since Dish asked to drop the complaint I can only surmise that Dish and In Demand have come to an agreement in principal and only need to Dot the "i"s and cross some "t's" or an agreement has already been signed contigent on the FCC dropping the investigation.

I think Dish Subs will see or hear something very soon with regards to InHD on Dish Network.

John

 

[goaliebob99]

i bet you it will be as soon as tonight? or some time this week. This is a very good sign and I bet this is going to be a block buster week for echostar!

 

[Scott Greczkowski]

Charper1,

Dish Network asked for the FCC to drop the complaint. Since Dish asked to drop the complaint I can only surmise that Dish and In Demand have come to an agreement in principal and only need to Dot the "i"s and cross some "t's" or an agreement has already been signed contigent on the FCC dropping the investigation.

I think Dish Subs will see or hear something very soon with regards to InHD on Dish Network.

John

I think this is what I said earlier.

I am looking forward to it.

 

[Juan]

Scott, any status on the "other" court case? or is tomorrow dns-less day?

 

[Scott Greczkowski]

Tommorow there will be some news about it. And as I posted in the pub there is a rumor of some big news coming tommorow. (I still have no solid idea of what it is)

 

[John Kotches]

I still don't get why tomorrow and not at the upcoming trade show, but it's their big news to send out so...

 

[Madtown HD Junkie]

how come I only read about Dish adding new HD channels and I sit with 7 on D*...except on Sundays of course when I lose TNTHD because teh squirrels can't run fast enough...
Is Dish close to maxing bandwith?

 

[goaliebob99]

I dont think there even close to maxing out the bandwith yet... they still have an empty bird over at 105.....

 

[Madtown HD Junkie]

Well just called and cancelled D* (been there since 1998)...TNTHD getting turned off was the last straw. What do I want to get for a set up from Dish(is it E*?) for HD boxes etc and does anyone know of any good deals for a new guy? and what direction does the dish need to see clear? ty in advance

 

[Poke]

Make sure someone does another uplink report this week..