Fisher Files $1 Million Lawsuit Against Dish
TV station owner says Dish violated the terms of its carriage agreement
By John Eggerton -- Broadcasting & Cable, 12/18/2008 11:04:00 AM EST
TV station owner Fisher Communications has filed a $1 million break-of-contract lawsuit against Dish Network, claiming it violated the terms of its carriage agreement.
That agreement expired Dec. 17 and Fisher stations in e
. Fisher said Thursday that it had offered to allow Dish to continue carrying the channels until Dec. 22, citing the winter storms in the Northwest "to ensure that Dish customers in the region could continue to receive news and weather updates," but says Dish declined the invitation.
Fisher claims that Dish violated the carriage agreement when it did not pay for or retransmit KUNP-TV Portland, OR’s, signal from July 2006, when Fisher bought the station, to April 30, 2008 and for underpayment for two other stations.
Seattle-based Fisher owns 13 full-power TV stations, seven low powers and eight radio stations in Western states, which have been hard hit by a winter storm.
"Fisher Communications' lawsuit is without merit,” said Dish Network in a statement late Thursday. “They are asking for payment on a station that elected Must Carry and by statute Dish Network does not owe any money for that station. We are bewildered by their allegation that any money could be owed on a Must Carry station.
“Furthermore, Fisher has asked for over an 80 percent increase from our customers, who should not be required to 'bail out' Fisher management for underperforming stations."
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A few months ago, I signed a contract to get updated equipment from Dish and am obligated for the remainder of a 2 year contract if I leave them. They basically charge a $10 per month remaining cancellation fee so I'd be out $170 bucks to move somewhere else.
I've been in communication with both Dish and KOMO and have received a response from the Fisher CEO that was specific to my concerns. My basic point was, you've got business issues to work out but don't screw the consumers. They offer their condolences but no solutions. I fear this will end up being expensive to many who have to opt out of the Dish contract to get the ABC programming.
I've contacted the FCC and complained, asking for some sort of variance to bring any other ABC coverage into this market but it ain't going to happen. Guess the only other option would be the Attorney General's office. I truly believe any provider in a market has an obligation to provide the primary channels as part of their suite of products and when they advertise that they carry local channels they need to carry these. If they aren't able to comply, they should not be allowed to offer their services in the market.
