Fisher Communications Sues Dish For Breach-of-Contract After Station Drops
Broadcaster Seeks $1 Million Over Contract Breach, While Nine Stations Off Air In Retrans Dispute
By Linda Moss -- Multichannel News, 12/18/2008 9:33:00 AM
A Northwest broadcaster sued Dish Network for breach-of-contract Thursday, seeking $1 million, after the satellite provider dropped nine of its TV stations in a retransmission-consent dispute.
The lawsuit filed by Seattle-based Fisher Communications, ironically, doesn’t directly stem from the station drops, but from other contractual breaches that the broadcaster is alleging.
Fisher also charged Thursday that it asked Dish Network to keep its stations on so viewers could get news about the bad weather conditions currently impacting the region, but that the satellite provider dropped them anyway.
The broadcaster issued that statement, and filed its suit in federal district Court in Oregon, in the wake of Dish Network pulling its stations Wednesday night after its retransmission-consent deal with the broadcaster expired in seven markets.
Fisher claims that Dish Network violated the terms of a carriage agreement when it failed to retransmit Univision affiliate KUNP-TV’s signal in Portland, Ore., from July 2006, when Fisher acquired the station, until April 30 of this year. In addition, Dish Network has not paid Fisher any carriage fees for KUNP, as specified in the prior agreement, the suit claims.
Dish is currently carrying KUNP, and did not drop it as part of the current retrans dispute.
In its complaint, Fisher also said that Dish Network breached the prior carriage agreement when it failed to pay Fisher in full for broadcasting KBAK-TV and KBFX-TV in Bakersfield, Calif., on its service. Those two stations are among the nine stations that Dish Network dropped Wednesday.
Fisher acquired the two stations Jan. 1 from Westwind Communications. While Dish has acknowledged that it has underpaid Fisher during that time period, it has not submitted proper payments to the company, the suit alleges.
“Fisher Communications’ lawsuit is without merit,” Dish Network said in a statement late Thursday. “They are asking for payment on a station that elected must-carry and, by statute, Dish Network does not owe any money for that station. We are bewildered by their allegation that any money could be owed on a must-carry station. Furthermore, Fisher has asked for over an 80% increase from our customers, who should not be required to ‘bail out’ Fisher management for underperforming stations.”
The Fisher stations that Dish Network pulled: KOMO-TV and KUNS-TV in Seattle; KIMA-TV in Yakima, Wash.; KATU-TV in Portland, Ore.; KVAL-TV in Eugene, Ore.; KBCI-TV in Boise, Idaho; KIDK-TV in Idaho Falls, Idaho; and KBAK-TV and KBFX-TV in Bakersfield, Calif.
Fisher also said it implored Dish to keep its stations on because of the local bad weather, so viewers could receive updates.
“In light of the inclement weather impacting much of the Pacific Northwest and concerns about public safety, Fisher attempted to extend the expiration of the current agreement until Monday, Dec. 22 to ensure that Dish customers in the region could continue to receive news and weather updates,” Fisher said. “However, Dish rejected the company’s proposal.”
“Despite Fisher’s good-faith efforts to negotiate a new agreement, we were unable to reach acceptable terms to ensure that Dish provides us fair compensation for the value they receive from broadcasting our stations, which have leading positions in their markets and consistently deliver highly viewed news and programming,” Rob Dunlop, Fisher’s senior vice president of operations, said in a statement.
“Our signal remains available over the public airwaves and through other service providers such as cable or DirecTV,” he said. “We regret any inconvenience Dish Network viewers may experience as they look for other options in order to watch our stations.”
Dish claims that Fisher Communications is seeking unreasonable contract terms and a rate increase of 82% for continued carriage of its stations. The satellite provider said it has to draw the line at such “strong-arm tactics.”
-
At first I was so angry at Dish for dropping KOMO4, It is all my wife watches, but then I started doing some homework. Here is what I found..
Fisher is demanding a 81% increase per subscriber who is able to access Fisher channels,
What does Fisher actually do to deserve this kind of raise expecially in this economy? Well all of thier programming is direct from ABC. The only programs they make are the local news, and you can find those on any station.
Many people think that the fight is between ABC and Dish, but in reallity, ABC has nothing to do with it, its the local bottom feeder Fisher.
If Dish was to fold, they in turn would have to raise your rates.. and isnt that the exact reason why we all switched from Cable to Satellite? I love my Dish system, and have been with them for 3 years, I was considering switching to another provider at first, but when i got all of the facts I decided to go another route.
I set up a system in my home to stream ABC.com video to my tv. That way I do not support Fisher by watching thier ads and providing them with ratings.
Samuel - 5/18/2009 1:21:15 PM EDT -
I have an idea~ why don't we all sue both DISH and Fisher for holding all of us as hostages/pawns in this stupid game called "money talks"...? Hit 'em where it hurts: their wallets. Maybe that'll get them to sit up and take notice.
Lori B - 4/8/2009 1:08:13 PM EDT -
Ever since I got Dish I was dissatisfied with it. Any number of times I couldn't receive the stations and I'd have to call up technical support and for at least half an hour they'd have to walk me through what to do to correct the damn problem. Plus there were other problems, such as the high def wouldn't work any number of times. But when Dish dropped KATU so I could no longer receive ABC, that was the last straw. It is not my responsibility to do Dish's work for them to get KATU back on the air. I was promised KATU when I signed up, I was not promised it would be taken off the air in the event of a contract dispute. We now have Comcast and I am satisfied with it. Plus we can now watch all the Blazer games and a lot of quality free movies. I was also informed, when I notified Dish that I was canceling it, that there would be no early termination fee. Without authorization Dish automatically billed my credit card. I disputed it and the dispute was upheld so I no longer have that $140 fee on my credit card. Dish has now billed me that $140 fee (pro-rated early termination fee) through the mail but I am adamant that Dish will not receive a penny from me. WITHOUT A DOUBT DISH IS ABSOLUTELY THE WORST TELEVISION PROVIDER IN EXISTENCE!!!
steve morris - 2/23/2009 5:06:43 PM EST -
The answer here is simple... ask dish to give you another ABC local from another city... I have a friend who has dish, goes to bed early, so he gets New York locals (he is in Oregon) so he can watch prime time...
Jason Herring - 1/29/2009 11:02:57 AM EST -
When I committed to 2 years with Dish Network it was with the understanding I would be receiving all the local network stations. This is pretty basic. I would not have signed up with Dish if this was not available. So isn't this a breach of contract on their part? As far as I see it the contract was broken by them, not me. If I want to move on to a more reliable service, I shouldn't be responsible for owing them any money on the contract, just returning the equipment. Isn't this true?
Robin Hennessy - 1/25/2009 5:04:02 PM EST
Fisher Channels Return to Dish Network
06/11/2009Yet Another Dispute For Dish Network
02/09/2010Dish Network to Offer 1080p VOD?!
07/22/2008Retrans Talks Down to Wire
01/04/2009
VIEW ALL GALLERIES
