APTS Disappointed, But Not Surprised, By DISH Network Suing FCC
WASHINGTON – July 9, 2010 – The Association of Public Television Stations (APTS) expressed disappointment, but not surprise, that DISH Network filed a preliminary injunction and temporary restraining order in the U.S. District Court, District of Nevada, against the FCC's enforcement of the STELA provision.
APTS has been trying for years to reach a private satellite carriage agreement on behalf of public television with DISH Network. Due to the fact that an agreement could not be reached, APTS was successful this last year advocating on the Hill for the inclusion of mandated satellite carriage of public television stations' HD broadcast signals through the Satellite Television Extension and Localism Act (STELA). Unfortunately, but not unexpectedly, that was not the end of the story.
DISH Network claims the STELA provisions violate its First Amendment rights to decide its content. STELA, which was signed into law in May of this year, included a provision that requires DISH to deliver public television stations' HD programming on an accelerated timetable. The FCC rules include a phased-in schedule that required satellite carriage of all public television stations' HD signals by 2013. The STELA legislation requires 50% carriage of public television stations by 2010 and the balance by 2011 in any market where DISH is carrying local stations HD.
"APTS is disappointed but not surprised to see this lawsuit filed," said APTS Interim President and CEO Lonna Thompson. "We believe that all Americans deserve access to public television's high-quality, local services, including HD programming, through satellite. DISH subscribers should be permitted to access local public televisions' informational and educational programming, and DISH is fully capable of providing this content."
This issue garnered a lot of support on Capitol Hill. Representative Anna Eshoo (D-CA) worked with APTS for the last several years to have the carriage requirement included in the House bill. The Senate also included the carriage provision in its bill signaling bicameral support for the carriage of local public television stations in HD. In light of this legal challenge, Representative Eshoo said, "I and millions of other Americans depend on public television to deliver truth, entertainment, facts and beauty. The decision by DISH to challenge the federal requirement to carry public broadcasting stations in high definition is an affront to their customers who expect and deserve this service."
The U.S. Department of Justice is defending the FCC in this litigation. APTS will file an amicus brief addressing the need for the STELA provision in order to prevent further discrimination by DISH against public television HD programming. A court date is set for July 22, 2010.
About APTS
The Association of Public Television Stations (APTS) is a nonprofit membership organization established in 1979. The mission of APTS is to conduct – in concert with member stations – advocacy, planning, research and communications activities in order to achieve strong and financially sound noncommercial television and advanced digital services for the American people. APTS provides consistent leadership and information that helps our members better accomplish their own missions and goals. APTS promotes the legislative and regulatory interests of noncommercial television stations at the national level through direct advocacy, and grasstops and grassroots campaigns designed to garner congressional support. For more information, visit www.apts.org.
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