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Satellite Broadcaster EchoStar Sues TV Networks

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From Reuters

EchoStar Communications Corp., a provider of television programming by satellite, sued four TV networks Monday, claiming they were trying to limit the number of consumers who can legally receive network programming by satellite service.

The lawsuit, filed in U.S. District Court in Denver, seeks class-action status so it can include as defendants the 844 TV stations affiliated with the networks. Named as defendants are CBS Inc., Fox Broadcasting Co., National Broadcasting Co. and ABC Inc.

Representatives of the networks were not immediately available for comment.

The dispute revolves around the criteria and method used for determining which consumers are entitled under the Satellite Home Viewer Act of 1994 to receive network programming via satellite service providers. The act prohibits people who can receive adequate over-the-air signals from getting network programming by satellite, although the standard for clear reception is the subject of much debate.

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The suit alleges that the networks want the standard to be set in a way that “would severely limit the American consumers’ access.”

Englewood, Colo.-based EchoStar wants the court to confirm that the FCC has not endorsed a particular method of determining signal intensity and that EchoStar is not infringing the networks’ copyrights. EchoStar said the networks had threatened to sue it for alleged copyright infringement.

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