My goodness. You really have no idea about the history of this thing do you? Google "terrestrial loophole" for details.
2nd its available
3 rd D* doesn't want to pay for it.
Quoted from wikipedia: "Cable companies other than Comcast within the designated CSN Philadelphia market do have access to the channel."
These companies have access to the channel as they are local ground based cable companies. The channel is NOT available on any satellite company currently due to Comcast using a ground based distribution system.
So it's not that D* or even E* wont pay for the channel, it's not even an option.
One final note, Comcast has publicly said they would change their infrastructure to allow CSN Philly to D* as soon as D* gives up exclusive rights to NFLST