11th Circuit Court Grants Stay to EchoStar.Business Editors/High-Tech Writers LITTLETON, Colo.--(BUSINESS WIRE)--Aug. 13, 2003 In a major victory for satellite TV subscribers, EchoStar Communications Corporation EchoStar Communications Corporation (NASDAQ: DISH) is the parent company of DISH Network and the maintainer of the satellite fleet that provides the signal that DISH Network markets. (Nasdaq:DISH) reported today that the U.S. Court of Appeals 11th Circuit Court in Atlanta granted EchoStar's motion to stay a District Court's injunction, pending appeal. The court decision impacts a long-running case regarding the limits broadcasters can place on the right of consumers to receive CBS (Cell Broadcast Service) See cell broadcast. , Fox, ABC ABC in full American Broadcasting Co. Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928. and NBC NBC in full National Broadcasting Co. Major U.S. commercial broadcasting company. It was formed in 1926 by RCA Corp., General Electric Co. (GE), and Westinghouse and was the first U.S. company to operate a broadcast network. network channels by satellite from markets other than the city in which the consumer lives. In June 2003, following a trial, the U.S. District Court for the Southern District of Florida denied the broadcasters' demands that consumers be prohibited from receiving their local network channels by satellite from EchoStar. The District Court also confirmed that EchoStar's existing procedures for qualifying subscribers for network channels comply with the law. EchoStar requested the stay because it believes the lower court made numerous procedural and technical errors interpreting a new statute that would have resulted in many consumers wrongfully wrong·ful adj. 1. Wrong; unjust: wrongful criticism. 2. Unlawful: wrongful death. being denied distant network channels by satellite. The Court of Appeals order means that previously affected DISH Network See DBS. customers will not lose access to their distant ABC, NBC, CBS or Fox channels at least until after the Court of Appeals reaches a decision on EchoStar's appeal. The Court ordered that all briefs on the appeal be completed by Oct. 17, 2003, and that an expedited oral hearing be scheduled thereafter. If the Court of Appeals ultimately agrees with EchoStar that the lower Court's injunction was too broad and misinterpreted the statute, then the effect would be an increase in the ultimate number of consumers eligible to receive distant network TV channels. Among other things, broadcasters would be required to honor the rights of customers who were grandfathered under the Satellite Home Viewer Improvement Act passed by Congress in 1999 to receive distant network signals. EchoStar Communications Corporation (Nasdaq:DISH) and its DISH Network provide satellite television entertainment services to 8.8 million U.S. customers. DISH Network provides advanced digital satellite television services to the home, including hundreds of video, audio and data channels, digital video recording, HDTV (High Definition TV) A set of digital television (DTV) standards that offer the highest resolution and sharpest picture. Although some HDTV sets are available in standard (rather square) screen sizes, the overwhelming majority of sets are wide screen, which eliminates , international programming, professional installation and 24-hour customer service. EchoStar is included in the Nasdaq-100 Index (NDX NDX Index NDX Index (File Name Extension) NDX Northern Document Exchange NDX Index File ) and is a Fortune 500 company. Visit EchoStar's DISH Network at www.dishnetwork.com or call 800-333-DISH (3474). |
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