Letter from Charlie Ergen

Scott Greczkowski

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The following was sent to me to share with you guys.

Below is a letter that was sent by EchoStar CEO Charles Ergen to members of Congress today.

May 26, 2004

The Honorable
United States House of Representatives
Washington, DC 20515


Dear Member X:


Thank you for your efforts to help develop responsible and reasonable public policy as it relates to the Direct Broadcast Satellite (DBS) industry. We appreciate your desire to achieve a competitive marketplace and more choice for American consumers who seek quality television and video entertainment options.


With the House Committee on Energy and Commerce moving to a markup of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA), I want to express my grave concern over one specific, punitive provision in this Committee print that is clearly directed solely at EchoStar. The provision focuses on our two-dish solution for local-into-local service -- a practice which EchoStar, relying on current law, has utilized to facilitate a rapid expansion of local service to markets throughout the country.


We developed the two-dish solution as an innovative and effective mechanism to meet the wishes of Congress that DBS provide local service in all 210 of the nation's Designated Market Areas (DMA) as quickly as possible. Working within our current satellite resources and technologies, this efficient use of the spectrum has enabled EchoStar to provide service in 127 DMAs, and we expect to roll out service to as many as 20 more by the end of 2004. Importantly, we have been able to accomplish this expansion while employing the two-dish solution in only 38 of those 127 markets. Today, EchoStar provides local service in nearly twice as many DMAs as our nearest competitor in the nation, an accomplishment of which we are proud. With our recent launch of local channels in the Cheyenne (Wyo.) -Scottsbluff DMA recently, we have reached all 50 states with local-into-local service.

We are dismayed that our competitors in both the broadcast and satellite TV industries are pushing to eliminate the two-dish solution for more than 3 million satisfied customers within one year. This onerous and inequitable proposal would force EchoStar to shift significant financial and human resources away from expanding our markets and services to consumers. Ironically, the proposal under consideration would force us to redirect those resources toward physically installing second dishes on the homes of every customer subscribing to local channels in as many as 30 markets across the country. The ripple effect goes far beyond two-dish markets, and would essentially force us to reconfigure our entire network, potentially disrupting service in some one-dish markets. The proposed timeframe in the provision under consideration could inconvenience more than one million satisfied subscribers, make it impossible for our company to continue offering local service in some markets, and delay the rollout of local service in additional DMAs. To say this would give our competitors an excellent opportunity to capture dissatisfied customers would be an understatement.


Meanwhile, as Congress considers this draconian measure advocated by the broadcasters, the broadcasters themselves are more than two years past the date by which Congress directed them to be broadcasting their signal in digital. Worse yet, the broadcasters concede that they not be able to return their analog spectrum to the federal government by 2006, or by any foreseeable date in the future. This could cost U.S. taxpayers hundreds of millions of dollars by delaying the auction of this spectrum for other uses.

How do the broadcasters' explain their failure to meet the deadline? According to a National Association of Broadcasters spokesman who was quoted in a recent article, "Broadcasters are moving aggressively to DTV, but this transition must be orderly to ensure that consumers do not lose access to local television (emphasis added) in the process." Since the lack of an orderly transition is one of our key concerns on the broadcasters' proposal to force us to abandon our two-dish solution in one year, the NAB's double standard is outrageous. Why is it okay to jeopardize all local television access for millions of satellite viewers but not for viewers of individual stations who have had years to complete the conversion to digital and have failed to do so?

We know that the two-dish solution, for a variety of reasons, is not a long-term solution for providing local-into-local service in all 210 DMAs. In fact, EchoStar has not launched a two-dish market in five months. Additionally, in recent months EchoStar has reduced the number of two-dish markets from 45 to 38, and we have shifted a number of Spanish-language and Religious channels to make them available to consumers using only one dish. But if Congress forces us to comply with a 12-month deadline, our options and our hopes for remaining competitive in the market and providing nationwide local service will be jeopardized.


EchoStar cannot meet the one-year deadlines for eliminating our two-dish solution without creating consumer inconvenience for millions of consumers. Taking into account that it takes approximately three years to design, build, and launch a satellite, we can eliminate our two-dish solution by December 2008. Additionally, with that timeframe, we can commit to launching no additional two dish markets in the future. We believe this would allow Congress to achieve its policy goals while balancing the interests of the broadcasters with the needs and desires of satellite TV subscribers and our company. Furthermore, we believe the timeframe is reasonable, considering the leniency provided to the broadcasters who have not met their 2002 deadline of providing full digital service.


I trust you will understand EchoStar's inability to meet the one-year elimination of our two-dish solution without greatly disrupting our service to customers, and I hope you can see why this is such a vital issue to EchoStar and DISH Network subscribers.


Sincerely,

charliesig.jpg


Charles W. Ergen
Chairman and Chief Executive Officer
EchoStar Communications Corporation
 
What is the problem with two dishes? If you have a choice of two dishes or non, well that is your descision. Nobody forces the consumer to go with E* and their two dish solution. It's only an alternative TV service and yet they feel the need to intrude on a free marketplace.

Congress ought to use DBS' nationwide reach to entice terrestrial broadcasters to get the digital signal out. Leave E* alone on this two-dish two-penny bitch.
 
The reason why they are going to require one dish is due to the fact that Dish Network put some of the less popular stations on the wing slots which causes those stations to have less viewers than those that use the Dish300/500 system which is unfair to those channels. Dish Network tried to get out of installing the second dish in those markets.
 
I thought it was because some people didn't want the 2nd dish cluttering up their roofs or whereever. Dish was (and still is) providing free equipment and installation to cover the wings.
 
If I'm not mistaken, E* was in violation of the law when they started to split channels in the same market on two seperate dishes. There would have been no issue if all the markets channels were on one of the side slots or the 110/119 slots, just don't split them. If I also remember E* had to start doing this when they were forced to carry any and all stations in a market that they served, as long as they could provide a signal to E*'s uplink that was within E*'s acceptable limits. I know in Chicago this forced E* to add four additional channels, if I remember, on 61.5, no room in the inn at 110/119.

So E* got caught with a problem, they needed to fire up a bunch of new stations and didn't have the bandwidth on 110/119. So Charlie the gambler
rolled the dice that putting them on the sides and providing a free dish would make the FCC happy, looks like he lost. Now he's upset that folks are saying he has to fix this and fix it soon. He had a couple of years to get this fix and he appeared to hope that it would just go away, especially after E* started to offer free 2nd dish installs, it didn't.

To me this looks like the child going to the teacher to tattle on little Johnny for breaking a rule in school after he got caught breaking a rule himself. Gee, OTA stations are late on the ATSC conversion, why aren't you punishing them? Sorry, I don't buy it Charlie, you tried pushing you luck and you got caught.
 
That letter sounds good to me. People have a choice, if they don't like two dishes, fine.
 
Well there is going to have to be a second dish in some markets (with all the locals on that one dish) if they want to still be up and running or be taken down if they have to have all the locals on the same dish.
 
rad said:
To me this looks like the child going to the teacher to tattle on little Johnny for breaking a rule in school after he got caught breaking a rule himself. Gee, OTA stations are late on the ATSC conversion, why aren't you punishing them?

That's exactly the impression I got when I read this report on another site.

Putting it in perspective of the rest of the letters Charlies has been writing, I then thought the "read between the lines" message was perhaps...

"Let me deliver HD locals to customers who don't have access to OTA HD, and I'll take care of the 2 Dish issue"
 
So, the governments 'goal' is to have less 2 dish setups.

Ok. That sounds great. Yea!

But, as is typical with our government, they fail to fully analyze the situation. This line in Charlies letter makes it pretty clear:

Ironically, the proposal under consideration would force us to redirect those resources toward physically installing second dishes on the homes of every customer subscribing to local channels in as many as 30 markets across the country.


(I made 'every customer' bold, as I think Charlie should have done.)

So we end up with MORE 2 DISH SETUPS!

If I was in one of those cities, I would be pissed. So now I have to have more drilling on my roof so that I can get some crappy religious channel that I would never watch anyway.

It reminds me of LOW FLOW TOILETS and their fantastic plan to save water. What a giant load! I use MUCH MORE WATER flushing the damn thing 10 times per use. Unbelievable.
 
KyDave said:
So, the governments 'goal' is to have less 2 dish setups.

Ok. That sounds great. Yea!

But, as is typical with our government, they fail to fully analyze the situation. This line in Charlies letter makes it pretty clear:




(I made 'every customer' bold, as I think Charlie should have done.)

So we end up with MORE 2 DISH SETUPS!

If I was in one of those cities, I would be pissed. So now I have to have more drilling on my roof so that I can get some crappy religious channel that I would never watch anyway.

It reminds me of LOW FLOW TOILETS and their fantastic plan to save water. What a giant load! I use MUCH MORE WATER flushing the damn thing 10 times per use. Unbelievable.


Remember, government isn't there to protect the people, it's there to protect the corporation. The NAB's pushing Washington to get rid of the split dish solution because their members in those cities say they're loosing viewers. Now if E* dumped more $'s into Washington then the NAB we wouldn't be having this discussion now since there wouldn't be a problem as far as DC is concerned.
 
In the Dallas market 4 spanish stations have been put on the 148 satellite and 1 independent station is also there. In Dallas the 148 satellite has the lowest look angle of the 4 DBS slots DISH uses so their DNSC installers frequently call No Line Of Sight and don't install the FREE dish for those 5 broadcasters. In reality there is no "NLOS" and if the installer seriously tried they could find a location to deliver a signal from this satellite but there is no economic justification to do it. If all Dallas TV channels came off the 110 satellite all ethnic minoritys would be treated fairly and all broadcaster would receive equal access to customers.
 
Also, don't forget that Dish Network told the NAB that the two-dish plan was temporary, until their spot-beam satellites were launched. The reason for Mr. Ergen circulating this letter is because the NAB just sent Congress a copy of the letter that Mr. Ergen wrote regarding the two-dish plan being a temporary solution.

Isn't the FCC also looking into the compliance issues about the two-dish solution again?
 
The bottom line is that the free market should rule. If I (Mr. Consumer X) don't care about a bunch of crappy channels, why prevent Dish from delivering the others to me - using however many or few dishes the customer will accept. This was the situation when, for some unknown reason, I was automatically "upgraded" from Denver distant nets to Denver locals. They came out and installed a second dish and SW21. I looked at the channels for a few minutes, and never added them to my favorites or viewed them again. At least I got a Dish 300 out of it - which now points at 148 for my CBS-HD.

If the other consumers out there want those crappy channels, and Dish is willing to carry them, then those consumers can BUY an extra dish to receive them.

If the 472 foreign language and religious channels in Denver cannot survive without forcing E* to spend money so that a couple of thousand people can receive them, then I say let those stations die.

Let the Free Market rule!
 
If someone cannot find something to watch on all the channels that they have from their one dish that they do have then something is really wrong, but that is not the point, its that those channels do not have equal carriage rights to all of the consumers like the other channels have.

I do not think Dish should have to carry all of those local home shopping channels since its just a duplicate of the ones carried from the other markets, that is just a waste of space, so I can understand why they would put them at 61.5, but some of them like the WB, PBS, and UPN should be placed on the same dish or all consumers should have the second dish put up automatically without requesting it to receive them.
 
SimpleSimon said:
The bottom line is that the free market should rule.
And Dish Network would be the only multichannel provider to allow you to make that choice, while every other multichannel provider is following the letter of the law?

This "temporary solution" for two-dish locals is supposed to last six and half years?

This can only prevent Dish Network from voluntarily segregating channels they feel are important. It may not a bad thing; it may not be a good thing. It will, however, put every local channel on an even footing with one another. And every multichannel provider will be on the same even footing.
 
Greg Bimson said:
And Dish Network would be the only multichannel provider to allow you to make that choice, while every other multichannel provider is following the letter of the law?

This "temporary solution" for two-dish locals is supposed to last six and half years?

This can only prevent Dish Network from voluntarily segregating channels they feel are important. It may not a bad thing; it may not be a good thing. It will, however, put every local channel on an even footing with one another. And every multichannel provider will be on the same even footing.


Eh? I don't follow you...
 
Greg Bimson said:
And Dish Network would be the only multichannel provider to allow you to make that choice, while every other multichannel provider is following the letter of the law?

This "temporary solution" for two-dish locals is supposed to last six and half years?

This can only prevent Dish Network from voluntarily segregating channels they feel are important. It may not a bad thing; it may not be a good thing. It will, however, put every local channel on an even footing with one another. And every multichannel provider will be on the same even footing.
Look at the big picture.

What I'm saying is repeal that law entirely. Let DBS, cable, and OTA provide whatever they want. Those that don't have what the public wants will change or die.

Same as telephone deregulation. You notice what's happening now with that?
Some landline companies are losing their base to wireless because they are too stupid to react to the marketplace. Others are adaptable and doing quite well. Market forces will define who stays and who goes. Meanwhile the smart consumer gets better service for less money. The stupid consumer might or might not - but that's their problem.
 
SimpleSimon said:
Look at the big picture.
I am. You'll need to look at the bigger picture...
SimpleSimon said:
What I'm saying is repeal that law entirely. Let DBS, cable, and OTA provide whatever they want. Those that don't have what the public wants will change or die.
Let's say I agree with you (and technically, I do). What about NCE channels, like local PBS stations? Do NCE channels get a "free pass"? I personally wouldn't want to lose my PBS station.

If you are completely against the regulations against must-carry, are you also against the cap for OTA station ownership? It is another regulation that I would like to see repealed.

Where do you draw the line against which regulations to remove?
SimpleSimon said:
Same as telephone deregulation. You notice what's happening now with that?
Some landline companies are losing their base to wireless because they are too stupid to react to the marketplace.
How does a landline company react in the marketplace? Of all sectors, the terrestrial phone system is probably the second-most regulated (right behind television). Most of the landline systems are subject to not only interstate regulations via the FCC, but intrastate regulations from the commerce agencies in each state. And each put a surcharge on your landline phone bill.
 

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