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Court
Finds Echostar's Current Distant Network Procedures to Be in
Compliance with Copyright Laws; No Impact on Local Network
Channel Broadcasts for EchoStar Customers
LITTLETON, Colo.--(BUSINESS WIRE)--June 11, 2003--EchoStar
Communications Corporation (Nasdaq: DISH) is pleased that a
Florida court has found that EchoStar's current network channel
qualification policies are in substantial compliance with copyright
laws. We are also pleased that the court rejected the outrageous
attempt by broadcasters to try to force EchoStar to terminate
local and distant network channels to all customers. Importantly,
the decision today does not impact any DISH Network customers
who are receiving their local ABC, NBC, CBS or FOX network
channels by satellite. No damages were awarded by the court.
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"This has been a long and hard fought legal case that
attempts to balance the rights of broadcasters and consumers," said
Charles Ergen, chairman and CEO of EchoStar. "We look
toward moving forward with broadcasters by continuing to add
local cities and to make sure that all sides honor the Satellite
Home Viewer Improvement Act (SHVIA) of 1999."
This case started in October 1998 when EchoStar asked the
Court to clarify and approve procedures for qualifying subscribers
for distant network channels. EchoStar is disappointed that
it has taken almost 5 years to get this ruling and that the
court determined certain EchoStar methods are not allowed.
Specifically, the court found that when qualifying distant
network subscribers, EchoStar may only use one data base and
that interference from other broadcast stations cannot be considered.
As a result, EchoStar must re-qualify its distant network channel
customers. This may result in the potential loss of certain
distant network channels to less than 10 percent of EchoStar's
customer base.
EchoStar will appeal several issues, including the right of
customers to be grandfathered to receive distant network channels
as provided under the SHVIA.
EchoStar Communications Corporation (NASDAQ: DISH), through
its DISH Network(TM), is a leading U.S. provider of satellite
television entertainment services with 8.53 million customers.
DISH Network provides advanced digital satellite television
services to the home, including hundreds of video, audio and
data channels, personal video recording, HDTV, sports and international
programming, professional installation and 24-hour customer
service. Visit DISH Network at www.dishnetwork.com.
CONTACT: EchoStar
Marc Lumpkin, 303/723-2020
marc.lumpkin@echostar.com
SOURCE: EchoStar
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