P.R. Broadcasters Want FCC to Force DirecTV, EchoStar Carriage
Four P.R. TV stations asked the FCC to force EchoStar and DirecTV to carry their signals. International Broadcasting Corp. (IBC) and R y F Broadcasting, in separate must-carry complaints, said the DBS providers haven’t given them a good reason their channels can’t be seen by satellite viewers. DirecTV responded that it’s not obligated to carry stations in P.R. under FCC rules -- a point the broadcasters concede in their filings, which are worded similarly.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The dispute stems from an FCC decision this year not to force satellite TV providers to carry local broadcasters in U.S. territories and possessions. The Commission ordered satellite TV carriage for Alaska and Hawaii. The action was part of SHVERA rules aimed at keeping the noncontiguous states on par with the rest of the country as required by Congress (CD Aug 25 p1). IBC and R y F said they've asked the Commission to reconsider its “interpretation of ’state’ to include Puerto Rico.” The “complaints seek to “preserve… must-carry rights” if the FCC changes its definition of “state,” said the broadcasters. FCC officials were mum on prospects for the petitions for reconsideration.
One observer said the FCC has treated P.R. and V.I. like Alaska and Hawaii under SHVERA. “If treating Puerto Rico and the Virgin Islands differently than Hawaii and Alaska goes against the essential purpose of the act, than the FCC should change its mind,” said Womble Carlyle’s Mark Palchick. “It seems to me that there are good arguments that could be made” that would reflect the broadcasters’ viewpoint, he said.
The broadcasters said DirecTV and EchoStar already carry the signals of at least 5 P.R. TV stations. The firms’ “refusal to carry [some stations] based on a claim that it is not providing local into local service in Puerto Rico rings hollow, at best,” said the 2 broadcasters. The stations listed in the complaint are IBC’s WVEO, in Aguadilla, WVOZ in Ponce and San Juan’s WTCV and WRFB in Carolina, owned by R y F. EchoStar had no comment.
DirecTV has opposed the P.R. broadcasters’ request for reconsideration. Without must-carry rules there, the company doesn’t have to transmit the signals, said Stacy Fuller, DirecTV’s vp-regulatory affairs. She wouldn’t comment on whether the firm has the capacity to carry the channels but said DirecTV would follow new rules if the FCC issued them.