Court Grants EchoStar’s Motion

The U.S. Court of Appeals 11th Circuit Court in Atlanta has granted EchoStar Communications’ [Nasdaq: DISH] motion to stay a district court’s injunction, pending appeal. The court decision impacts a long-running case regarding the limits broadcasters can place on consumers’ ability to receive network channels by satellite from markets other than the city in which the consumer lives.

In June 2003, following a trial, the U.S. District Court for the Southern District of Florida denied the broadcasters’ demands that consumers be prohibited from receiving their local network channels by satellite. Despite this apparent victory, EchoStar requested the stay because it believed the lower-court made numerous procedural and technical errors interpreting the statute that would have resulted in many consumers being denied distant network channels by satellite. The Court of Appeals order means that those customers will not lose access to their distant network channels at least until after the Court of Appeals reaches a decision on the appeal, EchoStar said. The court ordered that all briefs on the appeal be completed by Oct. 17 and that an expedited oral hearing be scheduled thereafter.