Dish claimed they could not meet the mandate back in October 2009. So, this is no last minute trick of Dish's. Dish never wanted this provision of STELA, but the way things work in Washington--Congress--is usually a law that has some things you want, and other things you don't want, and you either take it or leave it. Dish, like any other well-run company, took it, as STELA was already delayed at least 2 times before it finally passed.
Part of the crafting of legislation isn't just by Dish, but by it's competitors, and DirecTV has pushed through provisions in previous legislation that was there only to hamper Dish.
There is a very easy solution to this problem: the ding-a-ling politician, Anna Eshoo, who is so worried about transmitting "truth, entertainment, and beauty," (what CNN/Fox News, tons of cable channels, and History/NatGeo/Discovery together don't provide that?) should fight to allow Dish Network to provide the PBS National Feed in HD to all markets that do not have their local PBS in HD as part of the LIL (by the way, many people NEVER have the opportunity to view the entire PBS line-up for which their tax dollars paid for because many PBS stations other than the biggest markets do NOT air the entire PBS line-up) until the local PBS is in HD as a LIL. Of course, I'm being sarcastic, as the local station love their $$$$ and saw to it to limit access to the PBS National Feed via satellite. It illustrates a hypocrite Eshoo is, especially when she calls out Dish for porn, a few channels of it does not equate the number of PBS locals, often multiple locals in one DMA.
Dish can't really be blamed as this is common and not at all unusual. Broadcasters and others routinely sue the FCC for similar reasons. Unfortunately, it is how the game is played. It is apparent, unless the legislation specifically forbids it, that the FCC was unwilling to work with Dish (a temporary waiver with conditions) and allow it to get the job done by 2013, and we all know this is legitimately a bandwidth issue. So, a company does the next thing it has to do, and that is to sue the FCC. I have no doubt that a judge will evaluate this and side with Dish if the judge believes it is a bandwidth issue and can't be solved properly until the new sat is launched. The FCC has been overruled before, not everything the FCC requires or does nor what Congress mandates is in the end legal nor does it always follow its own requirements.