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EchoStar Supports Alternate Approach to ETF Regulation

Pointing to the FCC's pending pay-TV early termination fee (ETF) proceeding, EchoStar representatives urged that the agency instead adopt the billing practices in Dish Network's 2009 agreement with 46 state attorneys general. That approach would ensure consumers are fully educated…

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about the terms of any pay-TV plan, Dish parent EchoStar representatives told FCC Media Bureau Chief Holly Sauer, according to a docket 23-405 filing Tuesday. EchoStar said the 2009 measure covers such turf as requiring that ads promoting an ETF plan must conspicuously disclose minimum terms of agreement. A split FCC 3-2 adopted the ETF NPRM in December (see 2312050007). EchoStar said the FCC's proposed mandatory rebates in the event of retransmission consent-related programming blackouts would worsen the retrans negotiating power imbalance with broadcasters that spurs blackouts. Instead, the agency should revise the retrans consent regime, EchoStar said. The blackout rebate NPRM also received a 3-2 approval (see 2401100026).