Final (?) text of SHVERA

[RBBrittain]

The text of the omnibus appropriations bill, as published in the Congressional Record, has been posted on THOMAS at:
http://thomas.loc.gov/home/omni2005/index.htm
As before, I have taken Division J (which contains SHVERA), edited it down to just SHVERA, and posted it at:
http://www.satelliteguys.us/rbbrittain/SHVERA.html
This version includes the pages missing from the prior version, especially on the right of local stations to request a delay in the beginning of "digital white area" testing from the FCC. It includes such classic HD excuses as zoning and environmental disputes (Denver), "force majeure" (NYC on 9/11), and even the lack of analog LIL in the market (what that has to do with HD is beyond me).

It now appears that the bill, including SHVERA, will be signed between December 6 and December 8. Per news stories today, House Democrats are blocking the resolution deleting the controversial IRS language (go to Division H on the THOMAS page, then look for "SEC. 222") because they say it was the result of Republicans overriding a rule that the House must be given 3 days to look at any conference report before voting. Because of that, the continuing resolution has now been extended through December 8; Congress will return on December 6 to delete the IRS provision and send the bill to the President. (This looks WORSE than making sausage.)

Note: SHVERA's internal section numbers may change in the absolute final version that is delivered to the President (i.e., the one without the IRS provision) to conform to the rest of the omnibus bill. However, the text isn't supposed to change; nor will the section numbers in the Copyright Act, the Communications Act, and other satellite-related laws that SHVERA affects, most of which are familiar to those who've read SHVERA's predecessors.

 

[RBBrittain]

One more thing: I'm leaving town for the Thanksgiving holiday, so I won't be able to answer any more SHVERA questions until I come back. Happy Thanksgiving!

 

[billhdtv]

Two questions. When will the bill be signed and when will Dish have distant HD nets available?

Bill

 

[clapple]

Two questions. When will the bill be signed and when will Dish have distant HD nets available?

Bill

Those are my questions as well. I thought Dish could get the distant HD nets up as soon as they wanted, after signing. Other people are talking about the FCC having to establish White areas and not being ready until 2006. What's the truth?

 

[RBBrittain]

Signing the bill: No change from my first post in this thread. We should know by Monday if it will be signed this coming week (by Wednesday), or if there will be another continuing resolution to give congressional staff more time to prepare the absolute final copy the President will sign. (The note at the end of post #1 refers to that "final" drafting process, which has been delayed by the Senate's hold on the main bill pending House approval of the resolution to delete the IRS provision.)

When will HD distants be available, and to whom? Prior E* statements (before the final version of SHVERA was released) have said that they could physically launch them immediately, as soon as the final bill was signed to allow it. There are two different sets of rules:

• If you qualify under SHVIA for analog distants WITHOUT grandfathering or waivers ("analog white area"): Can be launched as soon as SHVERA is signed and Charlie decides to launch his campaign. (Hint: If SHVERA is signed this week, expect it on the 12/13 Charlie Chat, if not before.) However, if you can receive LIL for your market, you must also subscribe to LIL (which means you lose your analog distants under SHVERA).
• If you don't: Then you have to wait for the FCC rules on testing for digital signal strength, which could take until 2006--or later (unless the local station allows HD distants by blanket waiver, as with CBS-HD in CBS O&O markets now). The way the bill is worded, I expect before then either (a) locals will go to full-power digital (which should cover their entire analog coverage area), or (b) digital LIL will be available; either would prevent any offering of HD distants, or at least restrict it to a few unusual situations.

This is the E* site for pre-qualifying for LIL and distants under SHVIA rules:
http://customersupport.dishnetwork.com/customernetqual/nqCustomerLocalsCheck.jsp
If it says you qualify for distants right now (under SHVIA), then you will be able to get HD distants under SHVERA, even if you also qualify for LIL. If you don't qualify, then you're screwed until at least 2006. If you have distants now, you should still check this site UNLESS you KNOW you are NOT grandfathered and do NOT have a waiver.

 

[bransc]

How about someone who lives in a white area and as of right now receives both LIL and analog distants, as well as the hd distants that are currently available. Do I lose anything or do I get to keep both distants(HD and analog) and LIL since I already have them?

 

[RBBrittain]

How about someone who lives in a white area and as of right now receives both LIL and analog distants, as well as the hd distants that are currently available. Do I lose anything or do I get to keep both distants(HD and analog) and LIL since I already have them?

Though the bill doesn't specifically address those who now subscribe to both LIL and analog distants, it does say that all analog-distants customers in LIL markets must be sent a letter within 60 days of signing offering LIL instead of analog distants. (For future LIL markets, "the letter" will go out within 60 days after LIL is launched.) In order to keep analog distants, you MUST respond to this letter "within 60 days after receiving" it (a direct quote from the law, but don't be surprised if the carriers use their mailing date), saying you want to keep them--and even then you will lose them if you take LIL at a later date. So to me it says you'll have to choose between LIL and analog distants, though that seems to run counter to other parts of SHVERA. (For the most part, SHVERA won't force you to drop anything AS LONG AS you take the proper action, i.e., respond to "the letter" with "I want my distants"; but this appears to be an exception.)

However, your HD distants are another story: SHVERA clearly says that anyone who legally has digital distants on the date SHVERA is signed can keep them; and even though new customers in LIL markets will have to subscribe to LIL to get HD distants (even in "analog white areas"), pre-SHVERA HD-distants customers won't have to. You won't even be forced to give it up when HD LIL comes along, assuming that comes within the 5-year life of SHVERA. (Congress can always rewrite the rules in the next go-round, as they did with analog distants this time.)

Best bet in your situation: Go ahead and let them take your analog distants when "the letter" comes; you'll still have LIL and HD distants. Even if your carrier presently requires SD distants to get HD distants, LIL/HD distants will be what they're offering new customers under SHVERA, so you'll be OK.

 

[RBBrittain]

New news on SHVERA!

The House today passed the resolution striking the IRS language from the omnibus bill, thus clearing the way for the President to FINALLY sign it. AFAIK, there is NO further continuing resolution in process, so unless Congress passes another one, the President MUST sign the omnibus bill (including SHVERA) by midnight Wednesday (when the last one expires) to avoid a government shutdown. So it now looks like SHVERA will be signed either tomorrow or Wednesday.

 

[RBBrittain]

Update: The bill was sent to the President today; news reports say he'll sign it tomorrow. Also, the absolute final (enrolled) text was posted on THOMAS; the SHVERA part appears to be identical to what has been posted already.

 

[Ramy]

I tried to read the bill and has me more confused now than it did before.

If I have HD distant locals and already have a waiver I must submit another one. Right?

If I have my local channels and want to keep distant analog locals I must make a choice of one or the other. Right?

If I get turned down for the HD locals I have no recorse because I only have one local channel in my area broadcasting in HD and I can't receive it because I live in a valley and too far away from the towers.

 

[RBBrittain]

I tried to read the bill and has me more confused now than it did before.

If I have HD distant locals and already have a waiver I must submit another one. Right?

For the most part (though I think there may be an exception or two), pre-SHVERA waivers must be renewed. However, from what I've heard, the satellite carriers will contact the local stations for that purpose; check with your carrier to be sure. (Certain waivers, such as the blanket waiver for CBS-HD in CBS O&O markets, are virtually certain to be renewed.) And that's assuming you actually have a waiver; if you live in an "analog white area" (outside the analog station's grade-B contour) and have HD distants on the date SHVERA is signed (today), your HD distants are safe. And if your local station gave you an HD waiver once, there's a good chance (but not a guarantee) they will do so again, especially if you also pick them up via LIL.

If I have my local channels and want to keep distant analog locals I must make a choice of one or the other. Right?

As far as I can tell, yes.

If I get turned down for the HD locals I have no recorse because I only have one local channel in my area broadcasting in HD and I can't receive it because I live in a valley and too far away from the towers.

You can always ask for a waiver. If you're turned down, you'll have to wait until the FCC allows digital signal testing, most likely in 2007.

 

[billhdtv]

The remaining question I have is when will Dish and Directv offer HD Distant Nets. I already CBS via Dish and would love to have ABC , NBC and Fox as I have no OTA HD signal available.

Bill G

 

[RBBrittain]

The remaining question I have is when will Dish and Directv offer HD Distant Nets. I already CBS via Dish and would love to have ABC , NBC and Fox as I have no OTA HD signal available.

Bill G

Do you qualify for analog distants under SHVIA without waivers or grandfathering--that is, do you live outside the grade-B contour of any analog station of a particular network (aka "analog white area")? If so, then HD distants should be available to you shortly after the President signs SHVERA today. E* once suggested they *could* launch HD networks as soon as they got the green light from Congress; after today, as far as the "analog white area" the only things holding up HD will be Charlie and Rupert. (Of course, they will launch HD when THEY are ready.)

However, if you're NOT in an "analog white area", the law for now is little different from before: The local station will have to issue you a waiver. (That's probably how you get CBS-HD today; CBS issued E* a blanket waiver for all of its O&O markets.) There are provisions in SHVERA for future digital signal testing, but those probably won't kick in before at least 2006 for big markets, 2007 for others--and delays are likely. Given that a provision in the intelligence bill that's about to pass the Senate expresses Congress' intent to put a date certain (as early as the end of 2006) on the end of analog TV early next year if the FCC doesn't do so (to free up spectrum for public safety needs), I now don't expect a "digital white area" until analog dies.

 

[billhdtv]

Thank You Very much for you response. I get Distant analog nets CBS,ABC,NBC because of where I am, no waivers. I get FOX distant analog on waiver but there digital station is only at 10% and will be for at least 18 months. So will I be able to watch Lost on ABC-HD by pm this evening?

Bill G

 

[TerryK]

Grandfathered distant networks

I have read through the text and legalese and it looks like if you have distant networks now (due to grandfathering from the earlier bill) that you can choose which signals you want, local (if available) or distant. Am I reading this correctly?

 

[MRUSS]

My local CBS only does low power digital which I can't receive, and I subscribe to my locals from E*. My question is, can I buy CBSHD now since my local CBS won't provide it to me?

 

[waltinvt]

So what's the holdup by Dish ?

Does anyone know why Dish has not yet launched the distant HD nets for customers that qualify like they promised they would?

There are plenty of instances where Dish and Charlie personally has said they would provide them "immediately" after the bill allowing them to was signed into law.

If the press release (shortly after the bill passed congress) is true, that Dish may not do this for years, then this seems like a flagrant breach of promise and customers should have some sort of recourse.

 

[NightRyder]

If the press release (shortly after the bill passed congress) is true, that Dish may not do this for years, then this seems like a flagrant breach of promise and customers should have some sort of recourse.

Hmm..., "flagrant breach of promise", never heard that one. Of course you do have recourse. Switch to another satellite carrier or cable system that offers the networks in HD (well maybe in 6 to 9 months for satellite).

Oops, should mention OTA HD as an alternative too, if you live where that's available.

NightRyder

 

[Chuck W]

I'm still a bit confused on this. I have waivers(analog) for distant nets now and have had them for a couple years. What I'm summizing is that I have to reapply form them(or D* will do it for me)? If I get them again, then I am ok just as I am(I am receiveing all distant nets and my local channels, as well, along with CBS and NBC HD).

 

[NightRyder]

I'm still a bit confused on this. I have waivers(analog) for distant nets now and have had them for a couple years. What I'm summizing is that I have to reapply form them(or D* will do it for me)? If I get them again, then I am ok just as I am(I am receiveing all distant nets and my local channels, as well, along with CBS and NBC HD).

Check out the following thread. It's about as clear an explaination as any I've found.

http://www.dbsforums.com/vbulletin/showthread.php?threadid=40168&highlight=shvera



NightRyder