[opendtv] Re: Echostar make or break
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Tue, 5 Sep 2006 19:53:59 -0700 (GMT-07:00)
Barry;
Read the acts and the rules; the situation doesn?t apply to me. The house I
grew up in, in suburban San Diego, less than 12 miles from the tx point, could
only get one of the market's two VHFs WITH an antenna atop a 60 foot mast. I
don't think it would qualify for SHVERA relief. Even then, the signal was poor.
As outlined below, you first need to prove that, AFTER installing a rooftop
antenna, you cannot receive a signal. Lacking that, you don't even have the
place to begin acquiring distant signals via satellite.
The original 1988 SHVIA is Pub. L. 100-667, title II, Nov. 16, 1988, 102 Stat.
3949; the 1994 SHVIA is Pub. L. 103-369, Oct. 18, 1994, 108 Stat. 3477; SHVERA
is Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I], Nov. 29, 1999, 113 Stat.
1536, 1501A-523. Here's something to keep in mind: copyright isn't a
technicality in these acts, as they are codified largely as part IN the
Copyright Act.
Here's just a few q and a's from the FCC's web site (I'd provide cites to
sections of the rules, but there are too many and my time is limited)
"7. Is there a way for a satellite subscriber to obtain network programming if
the satellite company has elected not to provide local-into-local service?
A: Yes. Your first option would be to install an antenna so that you can
receive your local broadcast TV stations over-the-air. If you are unable to
receive your local broadcast TV stations with an outdoor over-the-air rooftop
antenna, you may qualify as an "unserved household." If so, you would be
eligible to receive no more than two distant network affiliated signals per day
for each TV network. A "distant signal" is one that originates outside of a
satellite subscriber?s local television market, the DMA. For example, if the
household is "unserved" the household could receive no more than two ABC
stations, no more than two NBC stations, etc.
8. What is an "unserved household?
A: The term "unserved household" means a household that: (a) cannot receive,
through the use of a conventional, stationary, outdoor rooftop antenna, an
over-the-air network signal of Grade B intensity as defined by the FCC; (b) is
a subscriber to whom the moratorium applies; (c) is a subscriber whose dish is
permanently attached to a recreational vehicle or a commercial truck; (d) is a
subscriber to whom the C-band exemption applies; or (e) is subject to a waiver
granted by the television network station.
9. What is a Grade B signal?
A: The Grade B signal intensity is an FCC-defined measurement of the strength
of a television station?s signal as received at a specific location. Generally,
a Grade B signal will provide a television picture that is "acceptable" for
viewing purposes. SHVIA requires that the FCC initiate a proceeding that will
result in a submission of findings to Congress concerning whether the Grade B
signal standard should be modified or replaced by some other standard that
would be more appropriate for determining whether a household is unserved. On
May 26, 2000, the FCC issued a Notice of Inquiry ("Notice") seeking information
and comment that will be used as a basis for this submission. The Notice is
designated as "FCC 00-184" and can be downloaded from the link above or, you
may purchase a copy from Qualex International at 202-863-2893."
NOTE: FCC factsheets aren't definitive.
I would love to see any cite you can point to where an area that received some
multipath reflection was held by the FCC or a court of competent jurisdiction
to be a white area. Hint: there are black areas, white areas and gray areas.)
If you have that documentation, I'd love to see it.
I note you didn't answer my question about whether the New York and Los Angeles
stations provide more local programming for your community than do the stations
closest to you. Do the distant stations provide you with Emergency Alert
Notices (severe weather, Amber alerts, etc.) more appropriate to your area? Do
the commercials that New York and Los Angeles station air have a higher
percentage of spots for your tourist mecca than the smattering on the closest
stations?
You are unhappy, it appears, that your remote touristy area isn't big enough to
support a truly local station. Your workaround won't fix that; it will make
providing a local service more difficult than it already is. You might want to
contact Woody at Resort Broadcasting and see how easy or difficult it is to
make a go of such a model. You could even file for a construction permit for a
Low Power Television station, TV translator or TV booster to serve your area.
Best of luck.
John Willkie
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