Dish's Day In Court: July 227/06/2010 4:14 PM Eastern
According to Dish Network, a Nevada court has set a July 22 date for a hearing on its argument for a temporary injunction against Federal Communications Commission enforcement of the HD carriage mandate in the satellite reauthorization bill.
Dish filed for an injunction last week in Nevada, where it is incorporated, because it is facing a July 27 deadline for
coming to carriage terms with 30 noncom stations or triggering an accelerated (by the end of next year) timetable for carriage of all noncommercial signals in any market where it carries any stations in HD.
The No. 2 DBS provider's bone to pick is not with the FCC, which is required to enforce the law, but rather with the legislation that it argues puts a thumb on the scale in favor of a particular type of programming.
Dish maintains the mandate violates its First and Fifth Amendment rights and has already put a crimp in business plans it based on the 2008 FCC timetable for phasing in HD carriage of all local TV stations, including noncoms, by 2013.