Distant Network Shutoff on December 1st?

So my question for the legal smart people here, can Dish appeal to the higher court that initially ordered the injunction based on grounds that they have a settlement and the injunction is unnecessary?
 
Chris Walker said:
I don't know John, I know the judge was ordered to issue an injunction, but IMO without FOX's whining and their court filings after the settlement was proposed, I think the injunction would have been a forgotten issue.
No, it wouldn't have been a forgotten issue. The judge stated in his order that because the remedy for a pattern or practice of willful infringment is "the death penalty", AND because the higher court MANDATED that the lower court should issue the injunction, the judge had no other choice than to issue the injunction. The settlement was moot because the case made its way through the appeals process.
Chris Walker said:
So my question for the legal smart people here, can Dish appeal to the higher court that initially ordered the injunction based on grounds that they have a settlement and the injunction is unnecessary?
No.

Dish Network has filed a writ of certiori to the only court in the land that can possibly address the issue. The Supreme Court has this on their docket. However, the Supreme Court could still refuse to listen to the case, or can schedule a date to listen after the injunction is enforced. Either way, barring some kind of miracle, the distant networks will be cut-off.

The Appeals Court already ruled that Dish Network was in violation of the SHVIA. The moment the Appeals Court reaffirmed the lower court's ruling left Dish Network with no other options but the Supreme Court.
 
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Some of the calls we get are where they can easily pick up off air. They say "I don't want no ^&%* outside antenna" or "My development does not allow it" and after we explain the law, we get "I'm not going to fight my neighbors"

We (broadcasters) have to eat, too.
 
Some of the calls we get are where they can easily pick up off air. They say "I don't want no ^&%* outside antenna" or "My development does not allow it" and after we explain the law, we get "I'm not going to fight my neighbors"

We (broadcasters) have to eat, too.


For folks who give the statements you quoted I say "then tough luck, your not going to get the stations". They picked where they want to live and now THEY have to live with their decision. :p
 
At least in my case, if I lose my distants... I will not watch the big four networks.

(I've already cancelled the free locals.)

If the cut-off happens, I may just have to go to Direct to get some new equipment.

'D' doesn't force you to buy locals, do they?
 
"force you" ?? No, but they do charge extra for them just like Dish. The price they advertise simply includes locals, i.e. Total Choice is $44.99 with locals or $41.99 without locals.
 
"force you" ?? No, but they do charge extra for them just like Dish. The price they advertise simply includes locals, i.e. Total Choice is $44.99 with locals or $41.99 without locals.

I guess 'force' was too strong a word. I was curious if they 'required' you to buy the locals.

Thanks for the info! Saving $3 is still $3!
 
From what I have seen, yes, you cannot buy Total Choice without Locals if you live in a market with locals.

Yep, I looked that up... and they are more expensive than Dish even on their most basic packages.

I wonder why some people think that having locals is such a benefit.
 
It Never Ceases to Amaze

I don't know why Greg Bimson even bothers. I don't anymore and only popped in to pat him (ok, and myself as well) for calling the decision a long time ago. Now I still see people asking - "If E* gets cut off why not D*?" or that it's all a conspiracy by Rupert Murdoch and NAB. Evidently some folks have been living in a cave for the last few months. Or perhaps the intrusion of reality into their fantasyland of "any signal, anytime, anyway" is just too hard to take psychologically and they insist on trying to fight the battle over and over again. It's fine to have strong feelings (I want.....) but emotion is not a substitute for the law and using it as such just makes a poster look dopey. Finally, if you want to challenge Mr. Bimson (or anyone else), namecalling is not effective. Take the post in question and clearly state why you believe it to be erroneous. It is most helpful if you provide some sort of authority for your contentions. The fact that your cousin's ex-wife's neighbor's nanny's hairdresser said X, it not credible evidence that X is true.
 
From what I have seen, yes, you cannot buy Total Choice without Locals if you live in a market with locals.

This is NOT true at all - you do NOT have to take locals even if they ARE available in your market. And they will lower your bill $3 from the "listed" prices of all TC packages.

I KNOW this for a fact because I have MANY D* customers that still don't get locals through them... ;) ;)
 
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dishrich said:
This is NOT true at all - you do NOT have to take locals even if they ARE available in your market. And they will lower your bill $3 from the "listed" prices of all TC packages.
My bad. I thought you were forced to take locals, if you live in a local market.
 
Evidently some folks have been living in a cave for the last few months. Or perhaps the intrusion of reality into their fantasyland of "any signal, anytime, anyway" is just too hard to take psychologically and they insist on trying to fight the battle over and over again.
It is Grief and the steps that follow:
denial, anger, bargaining, depression, and, acceptance. We should be at the point of depression around December 1.
 
Not true. You could subscribe to a D* base package without locals, but you would not be able to get any distant network stations if locals are available from D* where you live.
 
Not true. You could subscribe to a D* base package without locals, but you would not be able to get any distant network stations if locals are available from D* where you live.

I believe this came out by the FCC at some point after the '04 SHVERA legislation as some sort of clarification or new rule by the FCC and it applied to new customers or new requests for distants by existing customers for any satellite company. I don't know if it was really part of the original bill but maybe someone else can confirm.

It basically insured the grandfather status wasn't in any way "portable", so I doubt congress thought it up all on their own.:D
 

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