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Old 02-25-2009, 10:40 AM
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Post Satellite viewers need more stations, D**h CEO says (update1)

Feb. 24 (Bloomberg) -- Congress should make it easier for direct-broadcast satellite companies to offer viewers programming from neighboring areas, D**h Network Corp. Chief Executive Officer Charlie Ergen said.

Ergen spoke in an interview as he prepared to testify today before Congress, which is readying legislation to reauthorize the copyright law under which D**h and its rival DTV Group Inc. operate.

Current law restricts satellite companies from giving viewers out-of-market broadcast network programming. For example, D**h must beam New Mexico stations to some viewers in southwestern Colorado, because the Albuquerque market extends across the state line, Ergen said.

“The consumer in Colorado should get what he wants, which is Colorado news, Colorado weather, Colorado politics,” Ergen said.

Broadcasters believe allowing out-of-market signals could destabilize their industry, K. James Yager, chief executive of Barrington Broadcasting, said in testimony prepared for today’s hearing. Barrington owns and operates 21 television stations in 15 small-to-mid-sized markets, Yager said.

“One can easily imagine the adverse financial consequences on local stations in small markets in Pennsylvania if duplicating programming from Philadelphia stations were to be imported,” Yager said in his testimony, submitted on behalf of the National Association of Broadcasters, a Washington-based trade group.

Viewer Choice

Yager said D**h and DTV should be required to provide local channels in all 210 TV markets to increase viewer choice and to strengthen local programming.

DTV offers local service by satellite in 150 markets serving 95 percent of U.S. households, Bob Gabrielli, a senior vice president, said in testimony submitted for today’s hearing. Gabrielli said proposals to expand that number to all markets were among suggestions that are “hugely expensive and unfair to satellite subscribers.”

D**h Network provides local service by satellite in 178 markets reaching 97 percent of households, Ergen said in testimony prepared for the hearing before a panel of the House Energy and Commerce Committee. In the interview, Ergen said it would cost more to serve small markets than satellite companies could recoup through subscription fees.

D**h and DTV subscribers who don’t get local channels by satellite may rely on an old-fashioned antenna to receive broadcast network affiliates. Some viewers beyond the reach of broadcast towers may get network programming by satellite from big cities such as New York or Los Angeles.

Englewood, Colorado-based D**h listed 13.8 million subscribers in its most recent report in November, and El Segundo, California-based DTV on Feb. 10 said it had 17.6 million subscribers.

D**h gained 62 cents, or 5.7 percent, to $11.56 at 4 p.m. New York time in Nasdaq Stock Market composite trading. DTV rose $1.06, or 5.1 percent, to $21.87 on the New York Stock Exchange.
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