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DBS Breaks Law to Keep Service as Reauthorization Stalls

The Senate failed again Monday to extend satellite TV companies’ authorization to use distant signals, permission which expired Sunday. The satellite TV industry is avoiding service disruptions by violating copyright law, as suggested by the House and Senate Judiciary Committees in a letter late Friday (CD March 1 p1). The Senate now seeks to attach a long-term extension to the second item in the Democratic leadership’s jobs agenda, expected to receive votes this week, Senate and industry sources said. A five-year satellite TV reauthorization was included in jobs legislation introduced late Monday by Majority Leader Harry Reid, D-Nev., and Senate Finance Committee Chairman Max Baucus, D-Mont.

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Reid asked for unanimous consent again Monday on the short-term extensions and was blocked for the tenth time by Sen. Jim Bunning, D-Ky. He objected to an extension of unemployment benefits, which also expired Sunday and was packaged in the bill. Reid spokeswoman Regan LaChapelle said she wasn’t sure if there would be another request. Democratic leadership is “moving to a bill today that included longer-term extension” of satellite and other programs, “in addition to tax extenders and Medicaid assistance to states,” she said. The bill, HR-4213, is the second item in Reid’s jobs agenda. “We expect several amendments to this bill, so we will likely consider the bill for the duration of the week,” LaChapelle said.

Senate officials last week said Republicans urged Democratic leadership to peel off the satellite TV extension and vote on it separately. “Republicans never asked unanimous consent on the floor to separate the satellite portion out,” LaChapelle said. “And of course with so many people out of work and needing assistance it is essential that we extend all of the provisions that are expiring.”

Dish Network remains less affected since its ability to use distant signals was revoked by a 2006 injunction. But CEO Charles Ergen said the situation is still undesirable. “Even though we have letters from Congress that say ‘go ahead and violate copyright law,’ that’s still not a comfortable place to be in,” he said on the company’s earnings conference call Monday. Ergen also said the delay was “not healthy” for the industry and urged Congress to pass the necessary legislation. The company has used an arrangement with National Programming Service to use distant signals without violating the injunction.