would the FCC consider a petition?

[danielle_s]

I was wondering if maybe we all here at Satelliteguys.us could make a petition and send it to the FCC. This would obviously cut down on customer comments but I think if they would accept it this could help our cause. Plus example petitions could be created so that we can print them out and get people to sign them that live in our neighborhoods.

What do you think?

 

[bookwalk]

I am new to VOOM--just got it installed yesterday, also only been on the forum a couple of weeks and was or is there an easy way to get people involved in an email campaign to whatever entities (FCC, etc) to save VOOM? Or is it strictly financial, on the part of Charlie Dolan and so therefore, our input to the FCC would not, ultimately, save VOOM in any form?

IF there is a specific ruling or proposed ruling (I plead ignorance on this, not having been on board very long) that would affect the future of VOOM?

If so, a concerted effort to post the specifics of how Forum members could email or telephone a specific office or person and exactly what to say--could go a long way.

An example: Last fall, as a C-band subscriber, I saw one of my favorite channels (Lifetime--I watch Unsolved Mysteries--available nowhere else) leave C-band. I got on the C-band 4dtv Forum and posted information on exactly who to email or telephone and what to say and when to do it--a lot of people responded by doing this. I kept the thread alive by continuing to post the contact information weekly so that new members could access it easily.

Result: Lifetime will return to C-band this month via NPS, along with a new channel, Hallmark--not to the KU side, but the regular C-band.

Other channels have left C-band--only one other has returned--Speed channel, but to KU only and we are told Lifetime will return to regular C-band.

It may not take as many people as we think to turn the tide. It just takes a LOT of them saying something briefly, clearly and consistently to the right place, at the right time.

Also, there are probably a great many VOOM customers who are not members of this forum--how can they be reached?

VOOM itself needs some dedicated group to continue the dialogue--they may have to do a lot without getting financial pay, but the principles involved here are momentous.

It is something like the Teri Shiavo case in Florida--trying to pull the plug on a life that is, although, limited in its action, is still a life--and who should be determining her life and death?

VOOm offers another choice to a very limited, mediocre Satellite TV delivery system of only 2 providers. Dare we say that people watch tv more than they talk on the phone? How many Cell phone companies are there?

Dare we say people may spend more time watching Satellite TV than actually eating? But how many grocery stores do we have?

I can go on and on, but this is an issue that goes beyond the PQ and choice within VOOM itself--it deals with the Bully Devil Dish people we have as the main stream providers.

What if we only had 2 internet providers in the whole USA--would people put up with that? NO, NO, NO.

 

[jame_g]

I think the biggest impact would be if Charles Dolan filed a statement with the FCC indicating that he needed this asset and the frequencies to keep Voom running, and along with it documentation that he had secured adequate funding to both purchase the satellite and keep Voom running for the forseeable future. In absence of something like this, why would the FCC deny the sale regardless of any comments that outside parties might submit?

Also, if Dolan's offer for the rest of Voom's assets falls through, this whole issue probably won't matter. Hopefully that won't be a problem though! I still have to believe that CVC will do what they can to minimize further losses if Dolan can get most of the financing lined up prior to the deadline.

 

[mike123abc]

It is obvious that CVC in no way shape or form wants VOOM. It cost them every bit of profit and more last year. If Dolan Sr wanted the satellite he could have got it, instead he just wants the rest of VOOM. Quite frankly he could lease satellite space a long time for the $200,000,000 that Echostar paid. The leased satellite is also in a better position for the west coast.

 

[James Long]

I was wondering if maybe we all here at Satelliteguys.us could make a petition and send it to the FCC.

A petition to do what?

If you are considering filing a petition as a comment on E*'s application to transfer the licenses for Rainbow1 and BlackHawk from V* you will need a better argument than "we the undersigned don't like this transfer".

We have an interesting society. Nobody is required to stay in business. There are situations where a contract will keep a business open longer than the owners wish, but in this case the contract doesn't promise that V* will continue to operate from any specific platform, carry any specific channel or even remain in business. The entire service was sold with the caveat "channels subject to change". Cablevision are within their rights to shut down or modify the method in which Voom is operated.

So if you want to fight the transfer, make sure you are throwing punches at the transfer and not swinging wildly in the air. A petition that says "I love Voom" will receive a simple answer from the FCC. Something like: While it appears that the Voom service has gained a near cult like following, Rainbow DBS has suffered from a high turn over and deliquency rate.

Look for the issues in the request for transfer. E* says that a third major DBS carrier is unsubstainable in the current marketplace. Have any proof that they are wrong? BTW: Transferring these licenses does NOT mean the end of Voom service - RainbowDBS still owns several unbuilt orbital locations and has satellites on order. And the RainbowDBS lease of AMC-6 as Rainbow2 has "hot" transponders ready to take over the service with limited disruption to subscribers. The transfer of licenses before the FCC does not end Voom service.

If you were planning on petitioning the FCC on some other issue let us know. I do not see the harm of a well written on target response to IB 05-72. But don't expect a positive response from the FCC unless the comments are on target and compelling.

JL

 

[jame_g]

It is obvious that CVC in no way shape or form wants VOOM. It cost them every bit of profit and more last year. If Dolan Sr wanted the satellite he could have got it, instead he just wants the rest of VOOM. Quite frankly he could lease satellite space a long time for the $200,000,000 that Echostar paid. The leased satellite is also in a better position for the west coast.

This is the point that I was trying to get at. Does Dolan want to buy Rainbow-1, or does he want to shift everything to the lease on Rainbow-2 anyway? Or does he have another plan? I haven't seen a press release with a statement from him addressing the sale of Rainbow-1 at all. What sense does a letter writing campaign or petition make if there aren't some solid facts to back it up?

 

[Bruce]

If anyone wants to write to the FCC, you can remind them of the fact that they said no to E* having two of the Transponders for four years, those two are part of the sale to Echostar:


FCC Bureau Moves on 61.5-Degree DBS Issues

The International Bureau at the Federal Communications Commission moved on issues concerning DBS spectrum last week, restricting use of a portion of one orbital location used by a handful of companies.

At issue is two unassigned DBS channels at 61.5 degrees, an orbital location used by EchoStar and VOOM from Cablevision and Rainbow DBS. Also, Dominion uses an EchoStar satellite to deliver its services from the orbital location, and has a license for DBS capacity at the slot.

The bureau released an order Friday that would prohibit companies with DBS operations at orbital locations capable of providing DBS service to all 50 states from acquiring, owning or controlling two channels currently available for licensing at the 61.5-degreee orbital location for four years. The order also covers any subsidiaries and entities those companies with full-CONUS operations control, the order said. Also, the bureau order would prohibit those same companies from leasing the channels during the same period.

"Because these channels are the only remaining unassigned DBS channels in the 12 GHz DBS band that could provide service to the Eastern half of the continental United States, we conclude that such a restriction on eligibility to use them will serve the public interest by helping to promote the development of an additional provider of DBS services," the bureau said in its order.

The bureau said Rainbow DBS, the licensee of 11 channels at 61.5 degrees, supported adoption of the eligibility criteria, and apparently the Cablevision unit had proposed the idea to the commission. However, EchoStar, which also is the licensee of 11 channels at the orbital location, opposed adoption of eligibility restrictions for the license for the two available channels, the bureau said.

 

[mike123abc]

If anyone wants to write to the FCC, you can remind them of the fact that they said no to E* having two of the Transponders for four years, those two are part of the sale to Echostar:

The two transponders are not part of the sale. VOOM is using 13 TPs at the moment. 11 it owns and wants to sell to Echostar. The other 2 are the unlicensed ones that the FCC wants to sell (VOOM has temporary authority to use the 2 until they are sold).

People are confusing the sale of R-1 and the 11 frequencies. R-1 and the uplink station can be sold even if the FCC rules against the 11 TP license transfer. It would make R-1 a lot less valuable without the frequencies, but it could be moved in orbit to where Echostar might want to use it. The buyers of this satellite are extreamly limited:

1. Echostar - offering $200million
2. DIRECTV - Already has billions spent on spaceway, not really sure how much they would pay for R-1
3. VOOM (Dolan Sr) - Needs to save money and cut overhead
4. Another NEW DBS provider - after seeing what happened to VOOM what are the odds that a new DBS provided will want to pay $$ for the satellite.

You have to also remember the 61.5 location does not serve AK and HI plus it has poor coverage on the west coast.

R-2 has more capacity than R-1 (almost triple if you do not count the two TPs on loan). The lease allows them to start with some capacity and grow to take over the whole satellite if they want/need. R-1 is full, people would need the larger R-2 dish anyways. With MPEG-4 and the increased capacity of R-2 VOOM could continue with growth of channels like nothing happend.

 

[Bruce]

No, you are missing the point, it not just about those two transponders, read:

Because these channels are the only remaining unassigned DBS channels in the 12 GHz DBS band that could provide service to the Eastern half of the continental United States, we conclude that such a restriction on eligibility to use them will serve the public interest by helping to promote the development of an additional provider of DBS services," the bureau said in its order.


What that says to me is that they( FCC) really want a third provider, if they know that Mr.Dolan is willing to give a try to keep it going, and not go out of business, that will make the FCC think more about approving or disapproving the sale, that would be a good goal for a petition.

 

[riffjim4069]

No, you are missing the point, it not just about those two transponders, read:

Because these channels are the only remaining unassigned DBS channels in the 12 GHz DBS band that could provide service to the Eastern half of the continental United States, we conclude that such a restriction on eligibility to use them will serve the public interest by helping to promote the development of an additional provider of DBS services," the bureau said in its order.


What that says to me is that they( FCC) really want a third provider, if they know that Mr.Dolan is willing to give a try to keep it going, and not go out of business, that will make the FCC think more about approving or disapproving the sale, that would be a good goal for a petition.

I have to agree with everything Bruce mentioned in this thread; the FCC has repeated ruled and opined that they want a 3rd DBS provider. If VOOM HD LLC is given the opportunity to gain control of R-1, they could possibly use it to spot beam HD LIL to a number of major markets. Who knows at this point...

 

[James Long]

I have to agree with everything Bruce mentioned in this thread; the FCC has repeated ruled and opined that they want a 3rd DBS provider.

Actually a fifth, but the FCC isn't counting very well.

#1 DirecTV, #2 Echostar, #3 SkyAngel, #4 Voom.
The only one of those carriers eligible for permanent license of TPs 23 and 24 at this time is SkyAngel as the other three hold licenses/allotments capable of reaching all 50 states. That would put those TPs in the hands of SkyAngel or a fifth company.

Besides, the FCC doesn't always get what it wants. They cannot force Cablevision to use the licenses at 61.5 nor any other company. Their only recourse would be to pull the licenses - if they can find a legal way to do that. Cablevision/RainbowDBS and E* are carefully following the law in this matter.

If VOOM HD LLC is given the opportunity to gain control of R-1, they could possibly use it to spot beam HD LIL to a number of major markets. Who knows at this point...

They could go broke a lot faster as well if they keep R1. As you say, who knows. It isn't the FCC's job to speculate. It is their job to follow the law.

Worst case ... a few lines in the ruling that say "we regret the loss of a third satellite service". A line that would be incorrect in two ways: 1) a third satellite service will remain (V* is #4) and 2) if Mr Dolan has his way, Voom HD LLC will keep "Voom" on the air via AMC-6. In many ways, the plans of Mr Dolan are helping the sale as the FCC isn't "turning off" Voom service by transferring the licenses. Voom service has a survival plan - Rainbow1 need not be retained for Voom to survive. The FCC can approve the sale.

And the deep pockets of the profitable E* can use Rainbow1's spot beams for local or regional HD feeds. Probably quicker than V* could get the uplinks built.

JL

 

[MarcelV]

Voom service has a survival plan - Rainbow1 need not be retained for Voom to survive.

JL, have to agree with you on that one. However, as far as we know, the Voom survival plan does not include R1. It would be very nice if we could get some kind of confirmation on this from the select few familiar with the Voom HD LLC plans. Maybe it 's not in their plan, just because CVC's agreement with Echostar. It may well be that they are gambling on the FCC not transferring the licenses and will put plan B in action (AMC-6) if it turns out the FCC will transfer ownership.

 

[James Long]

JL, have to agree with you on that one. However, as far as we know, the Voom survival plan does not include R1. It would be very nice if we could get some kind of confirmation on this from the select few familiar with the Voom HD LLC plans. Maybe it 's not in their plan, just because CVC's agreement with Echostar. It may well be that they are gambling on the FCC not transferring the licenses and will put plan B in action (AMC-6) if it turns out the FCC will transfer ownership.

Plan A is that the FCC approves everything and Echostar gets Rainbow1 and Blackhawk and Cablevision accepts the definitive agreement for Voom HD LLC to buy/assume the remaining RainbowDBS assets and obligations. Under this Plan A E* will own R1 and Voom HD LLC will have to figure out how to remain a service using the remaining assets. It is likely that the FCC will not make a decision until the end of April, which means there is no rush for Voom to vacate the premises, so to speak.

Plan B is if something goes wrong with Plan A and really affects Cablevision more than Voom HD LLC. If all goes well under Plan A Cablevision will be out of the DBS business by the end of April - but if the FCC fails to approve the deal Cablevision will be left with a DBS platform and no content. At that point Cablevision's Plan B kicks in: sell the bird to someone else in a manner the the FCC will accept. Voom HD LLC may be the best answer then, if they can afford to buy Rainbow1 at that point.

A different Plan B comes in to effect if Voom HD is unable to purchase Rainbow DBS (the rest of the assets) from Cablevision. Cablevision will have to find someone else to buy the assets or decide to continue the service despite their public statements to the contrary.

The details of Voom HD LLC's Plan A have not been spelled out by the almost company. But looking at the assets they will have the answer most likely is AMC-6. Voom HD LLC is buying Rainbow DBS' contract to lease 16-24 transponders there. If they decided to broadcast from any other location (including Rainbow 1) they would have to secure a new lease. AMC-6 offers more than enough space for Voom HD LLC's immediate and immediate future needs. It is the natural fit.

Voom HD LLC cannot count on E* leasing back R1 for more than a transition or on the FCC denying the transfer. They need to move ahead with what they will have - which isn't too shabby.

JL

 

[MarcelV]

Your Plan A and Plan B are CVC and Echostar centric. And as your summary reflect, pretty much spelled out. But that's not what I think is important.

I just like to know Voom HD LLC plan A and B, that's what I care about, and if R1 is in their plans. This thread started to get information if the FCC would consider a petition. And to ensure that it is effective, I think there is a need to know if R1 is in Voom's plans. Not CVC, not Echostars.

Everything is speculation, because, as you stated details have not been spelled out by Voom HD LLC, so an acknowledgement would be useful.

 

[mike123abc]

Legally VOOM cannot have any plans for R-1 at this time. VOOM is part of CVC and CVC has decided to sell R-1 and has a signed contract to do the best it can to convince the FCC to transfer the assets.

 

[James Long]

The whole issue is confused by the problem of overlapping and reuse of names. That's why I try to keep things straight in my posts by using more unique names as much as possible.

Cablevision (CVC) owns RainbowDBS which owns Rainbow1 and other assets and provides the Voom satellite service to customers.
Jan 20: Cablevision agreed to transfer Rainbow1, the Blackhawk uplink and the associated licenses to Echostar (dba Dish Network), retaining ownership of the rest of Rainbow DBS.
Feb 10: Cablevision signs a letter of intent with "Voom HD LLC" (which is Charles and Tom Dolan and other Cablevision Class B stock holders) to sell the rest of Rainbow DBS to Voom DBS LLC. A definitive agreement is due Feb 28th.

Voom service to customers will follow the path of "the rest of Rainbow DBS" and (hopefully) be taken over by Voom HD LLC. The Rainbow 1 platform will (pending approvals) go to Echostar and carry Dish Network programming - whatever that may be.

Yes, the main Plan A and Plan B above are from the CVC E* perspective - based on all the announced information. Voom HD LLC's Plan A is limited to the options given to them AFTER Cablevision/RainbowDBS' transaction with Echostar. Which is to use the assets they are buying to continue the Voom service.

Plan B's are generally for when Plan A doesn't work. At this point Voom HD LLC is probably looking at several OPTIONS including the most clear one of moving to AMC-6. But their "Plan B" can't include something they can't control - ownership of Rainbow1.

Plan A is to stay in business. Details to follow as soon as Voom HD LLC figures out how.

JL

 

[MarcelV]

Main reason why I have doubts R1 is not part of Voom HD LLC plan A, is the expansion of channels projected for the next few weeks. Why would they go thru the exercise to move Harmonics in place, fine tune them and add extra channels, when they will switch to AMC-6 and have to redo part of this exercise. To me, Plan A doesn't seem to exclude R1 at all for now. But it's Voom HD LLC's Plan A, not CVC plan A.

 

[Peter Parker]

In another thread it was made abundantly clear that Rainbow 2 can handle the increased load alone---with MPEG 4. So while Dolan might like the satellite there is no evidence that it is "part of the deal" with his new entity.

 

[MarcelV]

In another thread it was made abundantly clear that Rainbow 2 can handle the increased load alone---with MPEG 4. So while Dolam might like the satellite there is no evidence that it is "part of the deal" with his new entity.

The capacity is 3 times bigger than R1, so even with MPEG-2 they can achieve expansion. And that's exactly my point. Why put all the resources on channel expansion on R1, when an immediate move to R2 would be easier and probably cheaper at this time?

But you're correct, there 's no direct evidence.

 

[James Long]

Why put all the resources on channel expansion on R1, when an immediate move to R2 would be easier and probably cheaper at this time?

The work on R1 isn't wasted in a move to R2. It doesn't harm Voom to keep their promises. Besides, Voom needs to free up at least transponder in order to do the tests required for the sale of Rainbow1 to Echostar. If channel expansion serves that need without removing channels to do that required testing.

JL