Broadcasters Seek Relief Against DirecTV
The four major broadcast networks and their affiliate organizations today will ask a federal court in Miami to block continued illegal delivery of network programming by DirecTV to direct broadcast satellite households. ABC, CBS, NBC, FOX and their affiliates plan to file the action with Judge Lenore Nesbitt in the U.S. District Court for the Southern District of Florida. The request comes in response to DirecTVís decision to drop PrimeTime 24 as wholesaler of DirecTVís distant network program packages, and to instead offer that service directly to DBS homes. ""The decision by DirecTV represents a brazen attempt to ignore Judge Nesbittís prior ruling against the illegal delivery of distant programming to consumers who can receive the same programs from local broadcast stations,"" said NAB President/CEO Edward O. Fritts. Fritts noted that DirecTV attorney Alan Greer - in response to Judge Nesbittís finding of copyright infringement against PrimeTime 24 in June of 1998 - stated that ""obviously, my client is going to move heaven and earth to comply with whatever order your honor enters."" ""Apparently, satellite carriers operating above the earth believe they can also continue operating above the law,"" said Fritts. The court action stems from Judge Nesbittís ruling that satellite carriers on February 28 must terminate illegal delivery of distant CBS and FOX service to many DBS households capable of receiving the same programming from free, over-the-air local broadcast stations. Judge Nesbittís uling was reinforced by a similar finding of copyright infringement against satellite carriers by Judge Frank Bullock in the U.S. Court for the Middle District of North Carolina. ""We sympathize with consumers duped by the satellite carriers into buying illegal programming,"" said Fritts. ""And for those customers who truly cannot receive ABC, CBS, NBC and FOX programming from their local stations, broadcasters are generously granting waivers to allow DBS homes to continue receiving network programming from afar."" The NAB estimates that satellite carriers have generated $557 million in revenues through the illegal sale of distant network programming. NAB has called on satellite carriers to use a portion of that ill-gotten revenue to purchase and install TV antennas so that DBS households can be reconnected to local broadcast stations. For more information contact Dennis Wharton or John Earnhardt at 202 429 5350.