justalurker said:Not quite. The satellite provider *cannot* refuse a station that has elected "must carry" - it can refuse to accept the terms of stations electing "consent to carry". Since most major stations elect "consent to carry", it is up to the agreement between the station and the satellite provider. The station would have to wait for the next election cycle to choose "must carry" and force their way back on the satellite provider. The satellite provider is not required to carry any particular market (DMA) ... but "carry one - carry all". They can't just pick and choose broadcast channels.
My post was really intended to answer Orcatek's speculation on E*'s options once the injunction expires. You are correct in pointing out that once the satellite company carries one station in a dma, it must carry the other stations that want to be carried. But "carry one, carry all" is note quite true either, because if there are two stations affiliated with the same network, they only need to carry one of them.
This is misleading and likely to cause more misunderstanding. Even within the SHVIA documents, when referring to a station's DMA or Local Market, it is generally assumed to mean that portion of the dma that is covered by the Grade B signal.justalurker said:As for bringing OTHER channels into the DMA, that is perfectly legal and provided by SHVIA. The customer just needs to be located outside of the Grade B coverage of all affiliates of the network. The distants law (SHVIA) is not limited by carrying or having available local affiliates in the customer's DMA.
JL
Suffice it to say that if E* shuts down the Viacom channels at midnight, they can not and will not replace them with channels from nearby affiliate stations.
Here is a link to the FCC's FACT sheet on SHVIA for those that are interested. http://www.fcc.gov/mb/shva/shviafac.html