SBCA WANTS COURT TO DELAY START OF MUST-CARRY RULES
Satellite Bcstg. & Communications Assn. (SBCA) filed motion Nov. 13 with 4th U.S. Appeals Court, Richmond, Va., for delay in start of FCC must-carry requirements because of pending litigation involving constitutionality of law. SBCA said issue probably wouldn’t be decided before Jan. 1 deadline for implementation of requirements. Appeal said if must-carry requirements took effect before case was resolved, it would violate First Amendment rights of satellite carriers. “The recognition that time is short and that much is at stake was the basis for the satellite carriers’ opposition to a U.S. motion to hold in abeyance the petitions for review,” Assn. said. Constitutional issues at stake could go to Supreme Court, SBCA said. It said it didn’t seek relief from District Court because it would be “impracticable” and “time is of the essence.”
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SBCA believes court should grant request because petition meets standard for injunctive relief, saying satellite carriers: (1) Were likely prevail on merits of appeal. (2) Would suffer irreparable damage if stay were denied. (3) Other parties would not be harmed substantially by stay. (4) Public interest would be served by granting stay.
Meanwhile, SBCA announced it had started search for permanent replacement for former Pres. Charles Hewitt, who resigned last Aug. Andrew Wright has been serving as interim pres. and is viewed by many satellite officials as leading candidate. Search committee met Nov. 14-15 in Arlington, Va. It originally was to meet at Sky Forum in N.Y., but that was cancelled because of Sept. 11 tragedy. Board approved $4.5 million budget and elected 2002 officers. It saw lessening chance that EchoStar-DirecTV DBS merger would have adverse impact on primary satellite trade organization.
Stan Kozlowski of NRTC was named chmn.; Eddy Hartenstein, DirecTV (with Jeff Torkelson serving as proxy), first vice chmn.-secy. Others officers elected: Second Vice Chmn.-Treas. David Moskowitz, EchoStar; Vice Chmn. Retailer Rik Hawkins, Starpath Communications; Vice Chmn. Special John Oyrutsky, HBO; Past Chmn. Tola Murphy-Baran, National Football League. New executive committee members are Leslie Howard, Starz Encore; George Jusaites, Channel Master; Chip Yodzis, Dow Electronics; Jeff LeHew, Via Satellite. Other members are Charles Ergen, EchoStar; Larry Atlas, Loral; Bob Gracci, HBO.