[Congressional Record Volume 155, Number 178 (Thursday, December 3, 2009)]
[Extensions of Remarks]
[Page E2882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           SATELLITE HOME VIEWER REAUTHORIZATION ACT OF 2009

                                 ______
                                 

                               speech of

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                      Wednesday, December 2, 2009

  Ms. ESHOO. Madam Speaker, I rise in support of H.R. 3570, the 
Satellite Home Viewer Update and Reauthorization Act of 2009. This bill 
provides much-needed improvements to the current legal structure 
governing the transmission of satellite signals to American consumers. 
We've come a long way since the days where satellite companies were 
fledging businesses with small customer bases and large backyard 
dishes. Now this industry is robust and competitive and holds its own 
in the world of multi-video providers.
  With this increased popularity comes an increased responsibility to 
those who subscribe to satellite services. I sponsored an amendment to 
the bill that was adopted in the Energy and Commerce Committee which 
underscores the importance of the rights of satellite customers.
  My language will finally end DISH Network's discrimination against 
noncommercial High Definition signals. Many of you know these 
noncommercial stations as educational and Public Broadcast Stations. 
DISH has roughly 14 million subscribers and they all deserve access to 
Public Television's signals. DISH had been providing preferential 
treatment to high-paying networks for the transmission of programming, 
but denying equal carriage for a television service supported by tax 
dollars. DISH gets privileges under this bill and with those privileges 
comes the obligation to serve the public interest.
  The premise of my language is simple.
  It requires satellite carriers to provide their customers with local 
noncommercial HDTV transmissions when carrying other local broadcast HD 
signals.
  It provides for carriage compliance for 50 percent of the stations by 
the end of 2010, with an extra year for the remainder, thus 
accelerating the FCC 2013 date.
  It ensures that when new service is initiated, noncommercial stations 
get equal treatment.
  And, it gives carriers one last opportunity to sign a carriage 
contract because anyone who has one, has a safe harbor from the 
language here.
  Most importantly, this language locks the door and rips off the 
knob--it not only accelerates the carriage date, it precludes potential 
waivers of that date extending well into the future.
  It's important to note that Direct TV offers HD channels of 106 local 
public television stations in their local markets. DISH is carrying HD 
in local commercial broadcasts in 152 markets covering 93 percent of 
U.S. households. But they only carry local public television HD 
broadcasts in Alaska and Hawaii--where they are legally obligated to do 
so.
  Consumers in all states have the right to view publicly funded 
programming. My preference would have been that some time during the 
past three years of negotiations with PBS, DISH would have decided to 
serve the public interest and provide equal treatment for noncommercial 
stations. Unfortunately, that didn't happen. There's been adequate 
notice of a serious problem, but no action. I encourage DISH to 
continue negotiating with PBS to reach a viable compromise on this 
issue before this measure passes the Senate as well. Otherwise, there 
will be no additional flexibility--and DISH will be legally obligated 
to carry those HD signals.
  Thank you, Madam Speaker. I look forward to final passage of the 
Satellite bill, and especially the anti-discriminatory section which is 
part of it.

                          ____________________