I know next to nothing about cablecards, but from a quick look at the wiki it appears the FCC dropped the ball. The section of the 1996 telcom law refers to 'multichannel video programming distributor' which would seem to fit Dish and DirectTV too. No idea why the FCC didn't make Dish support something like a cablecard.
I'm more curious what this fee is used for. If it is simply to support the FCC I would oppose it. Not that what we think matters........
Dish and DircTV sent a letter to the FCC saying there were being left out of the CableCard, a CableLabs spec system. In other words, the Cable Cos. were no including satellite in the coming cards. At the time it seemed everything was going to be Cable Card and if you did not have a box that was compatible, you would be OUT of the loop. Fortunately for Dish and DirecTV, they were shut out of Cable Card because the technology was a mess. Making matters worse was Cable Cos. implementation of Switched Video requiring 3rd party boxes such as TiVo's to get a stupid device for the switched video so that the TiVo could tune to most of the channel.
The TiVo forum has been filled with Cable Card and Switched Video implementation HATRED threads because it made using a 3rd party box like TiVo a huge pain to almost impossible without a lot of pain. It's clear: Cable Card was to guarantee the Cable Cos. box fee revenue along with the switched video compatibility devices that never seemed to work for TiVo even though they were supposed and promised to.