News-Chronicle
The Federal Communications Commission ruled Thursday that DirecTV does not have to carry WPNE-TV Channel 38 in its package of local stations.
The Wisconsin Educational Communications Board had sought to force the satellite programming service to carry the public broadcasting station, saying DirecTV had not properly notified the ECB in time to file to be carried.
DirecTV carries all other Green Bay stations for subscribers in the area. Satellite carriers are required to carry on request broadcast signals in local markets, allowing satellite users to see local programming. If they aren't carried, users must switch away from the satellite to a local antenna to pick up the station.
The FCC rule says stations must be notified and have 30 days to request being added to the coverage.
DirecTV sent its notice March 12 to an address on Nicolet Drive that it found on the Internet. It was received at the address - the University of Wisconsin-Green Bay's video production unit - on March 13. It was addressed to Kay Klubertanz, a video producer at the university, as "station general manager."
The letter was forwarded to the ECB on March 21. On April 16, DirecTV said it contacted the station to discuss a contract since the station had not asked for mandatory coverage. On April 18, the ECB asked for must-carry status.
The ECB claimed that its April 18 response was within 30 days after it received the notice on March 21. DirecTV said the 30 days dated from the receipt at the Nicolet Drive address.
The FCC noted that the phone number for WPNE listed was answered "Wisconsin Public Television," and the notice was signed for at the Nicolet Drive address and forwarded to the ECB.
It found the ECB had three weeks to respond but did not and that the ECB did not contact DirecTV during those three weeks to request an extension of time or complain about the wrong address.
Another window for the ECB to request must-carry status is expected in the future, but the board and DirecTV could negotiate a deal before then.