Lifetime subscriber provisions

[catkoko]

These were kindly provided by Ed. I will be posting his email to me separately (with his permission)

-------SUBSCRIBER PROVISIONS -------------

1.) The lifelong subscriber named on the face of this confimation notice qualifies as a lifelong subscriber to the Dominion Sky Angel basic package of television and radio channels provided that the prescribed lump-sum lifelong one-time subscription has either been paid in full, or will have been paid in full within no more than 12 months from the date Dominion received the subscriber's initial lifelong subscription installment payment. Failure to fully pay the lifelong subscription in full within the prescribed 12-month time period will render the lifelong subscription null and void and subscriber will be required to pay the subscription amount in effect at that time,

2.) The Dominion DBS Television & Radio System is comprised of two entities: (1) Dominion Video Satellite, Inc. ("DVS"), a Florida commercial corporation, and Dominion Foundation, Inc. ("DFI") a Florida, federally chartered 501(c)3 not-for profit corporation, The primary purpose of the Dominion DBS Television and Radio System is to provide Christian religious, educational, children's and family programming via direct broadcast satellite ("DBS") channels licensed to and operated by Dominion Video Satellite, Inc. DVS is primarily involved in holding the DBS FCC license and is engaged in contracting for DBS satellites and launch services, including operation of a Network Control Center which provides technical services needed to transmit programming, DFI leases television and radio channels from DVS in order to provide multiple channels of television and radio programming under the name Sky Angel.

3.) In order to expedite the availability of its DBS service, DVS leased surplus DBS transponders on EchoStar III, a DBS satellite Q1;ned by EchoStar Communications Corporation, another DBS licensee, Transponders are the equipment on-board the DBS satellite that exclJ.lsively receive and retransmit the Sky Angel DBS television and radio channels using DVS' FCC-licensed DBS frequencies, No one other than Dominion can use these frequencies and transponders without the pennission of DVS, EchoStar III was successfully launched in October 1997 with all eight of DVS' FCC-licensed DBS frequencies installed thereon, EchoStar III has a projected operating-lifetime of 12 to 14 years, There are backup transponders on the EchoStar III DBS satellite in order to provide replacements in the event of transponder failure, In addition, DVS has contracted to construct a backup DBS satellite for launch in approximately the year 2002 to provide additional backup in the unlikely event of a total EchoStar III DBS satellite failure, Once the EchoStar III DBS satellite ends its useful life, DVS plans to move all of its licensed DBS frequencies to a DVS owned/controlled DBS satellite,

4.) The primary source of funding for the Dominion DBS Television and Radio System is expected to come from individual subscribers paying either an ongoing monthly subscription fee or by prepaying a lump-sum subscription for a period of years, During the first 30 months of operation DVS offered lifelong subscriptions for a one-time payment which is being discontinued for any new subscribers, For those who purchased the lifelong subscription it will last for the operating lifetime of the Dominion Sky Angel domestic U,S, DBS service and for the lifetime of the subscriber and his or her spouse without any further monthly subscription fees and includes a minimum of 32 television and radio channels selected at Dominion's sole discretion, Once a lifelong subscription is activated to receive Sky Angel programming it is non-assignable and non-transferable,



5.) As is the case for all FCC-licensed television and radio stations, the Federal Communications Commission requires that a DBS satellite licensee also meet certain licensing and operating standards, Failure or inability to continue to maintain such standards could result in the loss of the DBS license,

6.) DBS television and radio services in the United States can be received on two different proprietary home receiving systems available under the brand names "DSS" and DISHTM," Dominion Sky Angel has chosen to use the DISH'M- brand DBS receiving system for its customers, The DISH'M brand is owned by the EchoStar Communications Corporation, The "DSS" system which is owned by DIRECTV will not receive Sky Angel channels, In order to receive the Sky Angel channels, subscribers will need to purchase and install the DISH'M-brand 18-inch receiving antenna and receiver box available directly from the DISHTM Network by calling 1-800-333-DISH or for sale over-the-counter at Sears stores, Sam's Clubs, local DISHTM satellite dealers listed in the Yellow Pages and an ever expanding list of other retailers, All pricing, warranties and service for the DISHTM-brand home receiving system package shall be governed by the terms and conditions outlined by the equipment manufacturer, EchoStar Communications Corporation,

7.) Specific channels and programs on the Dominion Sky Angel DBS Television and Radio System are subject to change without notice, and Dominion reserves the right to replace entire channels or programs in its sole discretion, Most existing full channel programmers have long-term contracts for carriage on Sky Angel subject to maintaining certain program content and other contractual requirements, Each full-channel and individual programmer is required to sign Dominion's "Statement of Faith" which is printed in Dominion's promotional brochure,

8.) Dominion is licensed by the Federal Communications Commission to operate its DBS television and radio channels from the 61.50 west longitude DBS satellite orbital position, 22,300 miles in space over the equator, The entire package of multiple Sky Angel television and radio channels can only be received by installing a DISHTM-brand receiving system, and by pointing the 18-inch receiving antenna to the 61.50 W,L. satellite orbital location, Optional DISH'M Network channel packages at various prices are also available by purchasing and installing a second 18-inch receiving antenna pointed to the 1190 W,L. DBS satellite orbital location, Channels being received from two small antennas are electronically combined into a single cable going to a television set so that all Sky Angel channels and optional DISH'M Network channels are seamlessly integrated for reception by one receiver box and one on-screen TV guide for easy selection and viewing using one hand-held remote control. In addition to the program charges, there may be an additional monthly charge from the DISH'M Network for each additional receiver box installed for viewing on two or more TV sets,

9.) These provisions supersede any and all prior brochure offers and written material from Dominion Sky Angel as of April 15, 1999,

10.) This certificate covers multiple Sky Angel lifelong subscriptions that may have been purchased by the subscriber named on the face of this certificate.

 

[catkoko]

letter to SA and BBB

As a Christian satellite service provider Sky Angel should be sensitive to honoring its commitment. Customer Service did not choose to respond to my emails even though addressed to the CEO. I mailed the attached letter to the BBB and emailed it to Sky Angel, no response yet but it hasn't had much time.

by His love, Ed T


Todd Eikenberry
Mediation/Arbitration Specialist
Better Business Bureau, West Florida
P.O. Box 7950
Clearwater, FL 33758-7950

Exhibit A: Lifelong Subscriber Provisions
Exhibit B: Sky Angel Letter dated June 7, 2006
Exhibit C: Sky Angel Letter dated March 25, 2007

Dear Mr. Eikenberry:

I would appreciate your help in resolving a problem I have experienced with Sky Angel. I have sent emails to Sky Angel customer service but Sky Angel is apparently ignoring my claim. In a copy of the agreement for customers who are billed for services Sky Angel indicates that it will attempt to resolve claims informally and that those customers may not file a formal claim for a period of sixty days after Sky Angel is notified. No address was provided for filing a claim with American Arbitration Association. Since Sky Angel is ignoring my emails I need to establish a date for my informal attempt to resolve my claim. Of course it is my hope that the matter can be resolved informally rather than going to arbitration.

In 1997 I responded to a Charisma Magazine advertisement for a lifelong subscription to Sky Angel Satellite programming. In 1999 I received my copy of Subscriber Provisions ( Exhibit A). Note section 3) which states that DVS has contracted for a backup satellite with a projected launch date in 2002. I have heard no more about that launch. Note in section 4) where it says,
“For those who purchased the lifelong subscription it will last for the operating lifetime of the Dominion Sky Angel domestic U.S. DBS service and for the lifetime of the subscriber and his or her spouse without any further subscription fees and includes a minimum of 32 television and radio channels selected at Dominion's sole discretion."

Exhibit B addresses a channel outage problem experienced April 14, 2006 and the resolution thereof. Note carefully what is said in paragraph 2 ,
“. . . Regrettably, three channels were not reinstated, and this technical failure evolved into contractual issues with EchoStar that, due to confidentiality restrictions in our agreement, we cannot publicly discuss. Unfortunately, despite our best efforts, we were unable to negotiate through the issues and are now prohibited from reinstating the channels that carried Three Angels Broadcasting, Golden Eagle Broadcasting and SPIRIT. Now that there is finality concerning our negotiations with EchoStar and it is certain that we will not be able to provide these three channels at this time, I wanted you to understand the reason.

I deeply regret the inconvenience that this interruption in programming may have caused you. As many of you know, we've faced a number of challenges with our relationship with EchoStar over the past few years; the Lord has guided us to positive outcomes in these cases (Romans 8:28) and we will continue to trust in Him for guidance and strength (Proverbs 3:5,6).
Presently we are exploring an option that might enable us to add one or two channels sometime in the future. . .”

Since I am not privy to the confidential agreements reached with EchoStar I can only guess that Sky Angel’s carrying of secular channels was an outcome of that agreement. I have no real problem with that as long as Sky Angel realizes that the channels in question are a part of that minimum of 32 channels addressed in Exhibit A. The founder’s use of the word minimum was to imply that more channels were coming as a part of our agreement, not less.

My main concern is that the current CEO seemingly unawares of the details of Exhibit A has chosen to imply something less in Exhibit C. Note how he casually implies this with this statement,
“. . . As you know, your lifelong subscription covers reception of our basic programming package of faith-based programming. In the past we have elected to make available to you at no additional charge, the four special secular channels (Hallmark, Hallmark Movie Channel, HGTV, and Fox News. Recent developments at Dominion Video Satellite, Inc. (“Sky Angel”) has made it necessary to require those who wish to continue receiving these four channels to remit a small monthly service fee of just $4.99 per month . . . Of corse there is no obligation for you to receive these four channels and your lifelong subscription to our faith-based programming package will not be affected if you decide that you no longer wish to receive these four special secular channels.”

This would establish a dangerous precedent if left un-addressed as Sky Angel could erode away the faith-based package replacing channels with secular channels requiring a service fee. The founder contemplated no such move or he would not have stated in Exhibit A section 7) that,
“. . . That each full-channel and individual programmer is required to sign Dominion’s “Statement of Faith” . . .”
The rationale for the choice of the four channels was explained (I think by Nancy Christopher) in the Sky Angel Guide, without the slightest hint that any attempt to charge a service fee was on the horizon. While I did not retain that issue of the magazine it should be on file at Sky Angel and as I recall the channels were described as being “family-friendly”. In fact current advertising addresses “over thirty channels of family-friendly entertainment” with no mention of secular and no apparent provision to separate the package.
In conclusion I am quite surprised that the new management at Sky Angel would hold a long standing agreement in disregard. I want nothing more than the assurance that my Subscriber Provisions do indeed prevail and that while channel content is indeed at Sky Angel’s sole discretion there is no accompanying provision to seek a service fee. I have indicated that I do want to continue to receive the four channels in question and plan to pay for them while this dispute is being settled.