APTS Pleased with Court's Rejection of DISH Network's Motion for a Preliminary Injunction
WASHINGTON – July 22, 2010 – The Association of Public Television Stations (APTS) expressed satisfaction with the decision by the United States District Court for the District of Nevada to deny DISH Network's motion for a preliminary injunction in the case of DISH Network v. FCC.
The court, earlier today, rejected DISH Network's assertion that it would suffer irreparable harm by complying with the public television local high-definition (HD) carriage requirements enacted in the Satellite Television Extension and Localism Act (STELA). In denying the preliminary injunction, the court was not persuaded by DISH Network's contention that it would likely succeed on the merits of its claim.
"APTS is pleased that the court understood that requiring DISH to carry public television stations' local HD signals is not an undue hardship to DISH. Simply put, there is no compelling justification for DISH's continued discriminatory treatment of local public television stations in those markets where it is carrying commercial stations' HD content," said Interim President and CEO Lonna Thompson.
Thompson continued, "DISH customers are being denied access to public television HD programming, and as Congress stated, 'This constitutes discriminatory treatment of locally-owned and controlled stations that serve their communities with high-quality, local, educational and cultural content.'"
Unlike DISH Network, satellite carrier DIRECTV entered into a voluntary agreement two years ago with APTS and PBS to carry the HD signal of every public television station in markets DIRECTV serves with local HD. To date, DIRECTV has launched 119 public television local HD channels. In enacting STELA, Congress rebuked DISH Network for its discriminatory refusal to carry local public television stations. In response, DISH Network filed suit against the government to enjoin the remedial provisions of STELA.
In an amicus brief filed on Tuesday, July 20, APTS opposed DISH Network's request for a preliminary injunction. To view the amicus brief, prepared by former APTS employee Andrew Cotlar, click here.
Thompson concluded, "APTS will continue to work with the Department of Justice in this lawsuit to ensure that all Americans receive access to public television's high-quality, local services, including HD programming, through satellite."
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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