SHVERA
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I notice no mention of the waiver process in this at all. The law made a distinction for digital TV but is seems that D* is going to revaluate to remove; notice not add if you currently don't have access to HD programing locally.....
One or the other?
I have had DNS stations for a year or so and just added locals off of the 72.5 bird a couple weeks ago. Am I correct in reading this that I cannot keep that configuration and must decide to keep one or the other? If so, that SUCKS!
rstokas said:
I have had DNS stations for a year or so and just added locals off of the 72.5 bird a couple weeks ago. Am I correct in reading this that I cannot keep that configuration and must decide to keep one or the other? If so, that SUCKS!
Beavis said:
That's the way it sounds, but why would they penalize the long term subscriber of DNS and not a newer subscriber. The logic in that eludes me.
They being more the local affiliates and the NAB. Then the FCC writes laws, but the ultimate blame will always fall on affiliates and the NAB to me. They are the ones crying to the FCC to protect their illegal monopolies and local ad revenue.
On December 8, 2004, the Satellite Home Viewer Extension and Reauthorization Act of 2004 (“SHVERA”) was enacted as part of the Consolidated FY 2005 Appropriations Act (P.L. 108-447). The SHVERA modified the Satellite Home Viewer Improvement Act of 1999 (SHVIA) and made significant reforms regarding the ability of satellite television subscribers to receive local and distant broadcast network programming. Among other things, the SHVERA generally does not authorize satellite television carriers to provide distant analog broadcast network signals to subscribers who were not receiving distant network signals when the SHVERA became law. The Commission staff currently is reviewing these and other provisions in the SHVERA and soon will initiate the proceedings necessary to implement the new law.
SHVIA for the first time granted satellite television carriers the authority to provide local television broadcast signals, i.e. local-into-local service, in areas where the carrier wishes to do so. If the satellite carrier elects to offer local-into-local service, the SHVIA requires that the “local” area be the Designated Market Area (“DMA”) as defined by Nielsen Media Research, Inc. (“Nielsen”). Nielsen is an independent entity that is not subject to regulation by the Commission. Nielsen assigns each county in the United States to one of the 210 DMAs based on, among other things, audience surveys and viewership levels. It is important to note that the Commission does not define the boundaries of the DMAs, nor does the Commission determine the counties that are assigned to a specific DMA. It also should be noted that the SHVIA did not require that a subscriber be within a certain range to determine the subscriber's local stations. Rather, your local TV stations are determined as described above.
Finally, the SHVERA is a federal law that was passed by the U.S. Congress, not the FCC. Therefore, this law is not available on the FCC website. This legislation, however, should be available on the website of the U.S. Congress.
SHVIA for the first time granted satellite television carriers the authority to provide local television broadcast signals, i.e. local-into-local service, in areas where the carrier wishes to do so. If the satellite carrier elects to offer local-into-local service, the SHVIA requires that the “local” area be the Designated Market Area (“DMA”) as defined by Nielsen Media Research, Inc. (“Nielsen”). Nielsen is an independent entity that is not subject to regulation by the Commission. Nielsen assigns each county in the United States to one of the 210 DMAs based on, among other things, audience surveys and viewership levels. It is important to note that the Commission does not define the boundaries of the DMAs, nor does the Commission determine the counties that are assigned to a specific DMA. It also should be noted that the SHVIA did not require that a subscriber be within a certain range to determine the subscriber's local stations. Rather, your local TV stations are determined as described above.
Finally, the SHVERA is a federal law that was passed by the U.S. Congress, not the FCC. Therefore, this law is not available on the FCC website. This legislation, however, should be available on the website of the U.S. Congress.
Did anyone else notice that wnpa (upn 19) out of pittsburgh,pa is NOT listed as a station anywhere even in allegheny county? Besides upn 19 the fcc documentation tells me that i can get all pittsburgh locals in my county. How long will it take directv to offer me the pittsburgh locals so I can have locals on my service?
It's not about what you use to qualify for w/waivers, its about the Nielson map which dictates which DMA you now reside in based on County. However, it should be none (qualify for DNS) or all (including WB & UPN if available). Unfortunately, D*'s interpretation is causing a great deal of controversy. Under SHVERA passed by Congress, not the FCC, interpretation is now up to the cable or DBS provider.
I could be misinterpreting your statement, but if DirecTV wanted, they could stop distant network service altogether. It has always been up to the provider if they wished to offer a distant network service package.
However, DirecTV's interpretation appears to be correct. The wording on the website seems to be a touch vague. First off, the cutoff, according to Congress, is to occur to those subscribers that did not have a waiver and did not qualify for distant network service as of October, 1999, but were receiving distant network service. Therefore, the 1999 date for cutoff on the website comes straight from the law.
Second, if a subscriber had distant network service as of 1999, that would be exactly why the subscribers HD feeds may be terminated. If you do not have a waiver and you are not in a "white area", the reception of the distant network service could be considered "grandfathered", and the HD feed would be removed as well.
However, DirecTV's interpretation appears to be correct. The wording on the website seems to be a touch vague. First off, the cutoff, according to Congress, is to occur to those subscribers that did not have a waiver and did not qualify for distant network service as of October, 1999, but were receiving distant network service. Therefore, the 1999 date for cutoff on the website comes straight from the law.
Second, if a subscriber had distant network service as of 1999, that would be exactly why the subscribers HD feeds may be terminated. If you do not have a waiver and you are not in a "white area", the reception of the distant network service could be considered "grandfathered", and the HD feed would be removed as well.
Please explain. I don't understand. If a subscriber is able to subscribe to local channels, the subscriber no longer qualifies to receive distant network service. If a subscriber does not have local channel service available, then the subscriber must qualify for distant network service under the old qualification methods. It is quite possible that the subscriber would receive no network channels of any kind.
Greg Bimson said:
The problem is simple, DMA is now determined by State / County / Parish lines, Nielson, and the DBS providers interpretation, are constrained within those boundaries regardless of distance. There is no old LIL qual method for new subs and HD DNS qual revisions are probably 6 mo's away.
Q: You receive DNS nets and have never sub'd to locals because you cannot receive them OTA, LIL not available under DBS spot, and/or not considered in a served area under Nielson. You can add/drop DNS and you should also be eligible for HD DNS.
A: No change.
From this point on, assume you now qualify for LIL under Nielson.
Q: You receive DNS and locals, never required to request waivers, sub'd on or before 1999.
A: No change, but if you currently receive only partial DNS, you cannot request the remaining DNS nets nor can you drop your locals to acquire remaining DNS nets. If you move or drop DNS, you cannot get DNS back. If you drop locals you will also loose blanket waiver HD locals, but should retain your existing HD DNS.
Q: You receive DNS and locals, have waivers, and sub'd on or before 1999.
A: No change, but if you currently receive only partial DNS, you cannot request the remaining DNS nets nor can you drop your locals to acquire remaining DNS nets. If you move or drop DNS, you cannot get DNS back. If you drop locals you will also loose blanket waiver HD locals, but should retain your existing HD DNS. You will most likely still loose DNS in 2008.
Q: You receive DNS and locals, never required to request waivers or have waivers and sub'd after 1999.
A: You should receive a post card stating that you will loose DNS in April. If you cannot receive that LIL because it is not available within DBS spot, you will continue to receive DNS until your DBS provider offers that LIL.
Q: I have DNS HD nets, will I loose them?
A: Above rules apply. If you receive a post card to choose LIL versus DNS, you will loose either HD DNS or local HD nets.
Q: I receive two DNS nets that did not require waivers, and two that did.
A: Above rules apply. You are now most likely within a LIL. If you receive a post card to choose LIL versus DNS, you will loose one or the other and cooresponding HD nets.
Q: I use to qualify for DNS with no qual. Now I live within a LIL?
A: No, you live within a County / Parish / State border that your DBS provider has determined exists within the Nielson GEO map as being served within a LIL. If your new found LIL offers HD, you should be happy, even though I understand that some are either upset that they have lost time shifting, could care less about HD, or wanted to retain both.
Q: I live within 27 miles of net broadcast tower(s) in another State, have received a post card that says I am being switched to a LIL 100 miles away, the closer nets and/or DNS are not an option.
A: Your complaint is best heard / registered with your State government representatives. The assumption is that you can receive those nets OTA.
Q: Will my RV exemption change?
A: No change, but there are considerations to revise SHVERA to allow only one DNS active receiver or to activate/deactivate RV exempted receivers not to exceed 45 days per year. TBD.
Q: Why can I no longer request a waiver?
A: Because the old NTSC waiver qual was retired after SHVERA passed. The only waiver left are blanket waivers for O&O HD nets.
Q: Is it quite possible that a subscriber would receive no network channels of any kind?
A: Worst case, they cannot receive OTA, they are not within a LIL identified by Nielson, the LIL is not offered by their DBS provider, they do not have a local cable provider, AND can only receive partial DBS programming off side sats. Other than that no.
Q: You say I will loose HD LIL if I drop it and choose to keep DNS, but then you imply that the remaining HD DNS may become available after revisions to SHVERA?
A: No, it did not come from this post. If you are now LIL determined by Nielson and are LIL served by your DBS provider, read your post card options. What you are confusing is that digital white areas have yet to be defined or qual'd because you would only qual based on the previous Q/A, "worst case".
Q: My cable company offers ABC, CBS, NBC each from a different city, each 90+ miles away from me and each other. Nielson shows I am not served and DBS will not give me any of these networks even though two are under DBS spot, why?
A: You should qualify for DNS and this an example of where SHVERA fails. All of these nets want you, but unless a specific market can claim you exclusively without complaint from sister stations, you are not wanted.
Q: Will I retain WB & UPN if I drop LIL and keep DNS?
A: Not clearly addressed by SHVERA at this time. Less legal babble, it's left up to your DBS provider to make that decision.
Q: Will I retain home shopping, spanish language, PAX, and other channels that requested Must-Carry with my DBS provider as a local if I drop LIL and keep DNS?
A: Ironically, No.
While I first interpreted these issues as interesting, I now respect how SHVERA has impacted rurals.
Try as hard as I can to find an answer, I still am not sure about my position. I presently receive Grade A signals from BOTH the Boston & Providence channels. In October 2004, when I asked for, I received the CBS and NBC channels (NY & LA). Because Boston has an O&O CBS channel I only pay for the LA feed & get the HD feed (NY) free. I pay for both feeds from NBC. I get the Fox HD feed free because of a O&O station in Boston. I AM PRETTY CERTAIN I AM LUCKY TO RECEIVE THESE CHANNELS.
Fortunately, I am in a position where I receive excellent OTA reception of all HD channels, and have the distants for time shifting and seeing LA & NYC news. If I lose them, I save money but lose the convenience of the additional channels.
My question is will I at some point have to make a choice on which channels I want to keep or will they just be removIed.
Fortunately, I am in a position where I receive excellent OTA reception of all HD channels, and have the distants for time shifting and seeing LA & NYC news. If I lose them, I save money but lose the convenience of the additional channels.
My question is will I at some point have to make a choice on which channels I want to keep or will they just be removIed.
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