{
  "id": "RL33767",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL33767",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
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      "source": "EveryCRSReport.com",
      "id": 348366,
      "date": "2007-06-05",
      "retrieved": "2016-04-07T18:05:30.635029",
      "title": "CBS Broadcasting v. EchoStar: The Satellite Home Viewer Act and Satellite Retransmission of Distant Network Signals",
      "summary": "On May 23, 2006, the Eleventh Circuit Court of Appeals ordered the District Court for the Southern District of Florida to enjoin EchoStar Communications Corporation from retransmitting all programming originating on any station affiliated with ABC, Inc.; CBS Broadcasting, Inc.; Fox Broadcasting Co.; or National Broadcasting Co. The district court complied, rejecting EchoStar\u2019s last-minute arguments and partial settlement agreement and ordering the injunction imposed effective December 1, 2006. At issue before the Eleventh Circuit was whether EchoStar had violated the Satellite Home Viewer Act (SHVA), as amended, which grants a limited statutory license to satellite carriers transmitting distant network signals to private homes if the subscribers cannot receive local signals, and the scope and consequences of violating SHVA.\nThe court of appeals determined that EchoStar engaged in a pattern or practice of violating SHVA on a nationwide scale and, consequently, that SHVA required the court to impose a nationwide injunction against EchoStar for its improper retransmission of programming. This was a different legal conclusion than that reached by the district court, which had concluded that because of EchoStar\u2019s cessation of the violation, SHVA did not require \u201cpattern or practice\u201d liability, and the court consequently had discretion to order EchoStar to re-analyze its subscriber base, in compliance with SHVA, and to limit termination to subscribers found ineligible under the court-supervised analysis.\nSubsequent to the district court\u2019s orders implementing the court of appeals\u2019 decision, multiple bills were introduced in the 109th Congress\u2014S. 4067, S. 4068, S. 4074, S. 4080, H.R. 6402, H.R. 6340, and H.R. 6384\u2014that would have allowed EchoStar to recommence retransmission of distant network programming under varying circumstances. Several bills have been introduced in the 110th Congress: H.R. 602, S. 124, S. 258, and S. 760.",
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      "typeId": "REPORTS",
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}