SiriusXM will require its telemarketing vendors to use manual phone dialing systems that require human intervention to initiate calls to cellphones, separate from the automatic dialing systems used by vendors to call landline phones, under a proposed settlement that could end multiple lawsuits alleging Telephone Consumer Protection Act violations, said court documents filed Friday in U.S. District Court in Newport News, Virginia. SiriusXM and plaintiffs' counsel indicated in June they were close to finalizing a $35 million settlement agreement (see 1606080019). Every settlement class member would get three months of free Select service without having to file a claim, or alternately the ability to file a claim for a pro rata share of the $35 million common fund, said court filings (in Pacer). The per-class-member cash award would likely be $5 to $15, said a memorandum in support of the motion for preliminary approval. Attorney's fees won't exceed 30 percent of the total value of the settlement, according to court documents. The motion for preliminary approval of the settlement said the pact would cover people who received SiriusXM programming on a promotion basis tied to purchase or lease of a vehicle that ended by April 5; received calls on behalf of the company to their mobile numbers between Feb. 15, 2008, and July 5, 2016; and never subscribed or subscribed but after July 5. The motion said SiriusXM didn't oppose it. The settlement would cover litigation against the company in Virginia, California, Illinois and Florida. SiriusXM didn't comment Monday.
In its new home at 61.2 degrees west, EchoStar 12 will be an in-orbit spare, with its relocation making way for the arrival of EchoStar 18, EchoStar said in an FCC International Bureau filing Friday seeking special temporary authority to relocate EchoStar 12 from 61.35 degrees west. The company said it plans to obtain regular modification authority for EchoStar 12's move.
Globalstar is talking with the FCC about remaining in compliance with the Administrative Procedure Act if any changes are made to the terrestrial low-power service (TLPS) broadband draft order being circulated. In an ex parte filing Monday in docket 13-213, Globalstar recapped a meeting with FCC Deputy Associate General Counsel William Richardson at which it discussed finalizing the rules in the TLPS proceeding. The company said it asked if the Office of General Counsel wanted input on legal or procedural issues, especially "legal or factual support as to compliance with Administrative Procedure Act requirements." Changes could be afoot for the draft order, as Commissioner Mike O'Rielly last week indicated he was interested in modifications (see 1608050042). The company and FCC didn't comment.
Satelites Mexicanos wants a blanket license for 15,000 Ku-band very small aperture terminals (VSAT) that would support its SmartLNB dishes. In an FCC International Bureau filing Thursday, the company -- doing business as Eutelsat Americas -- said the terminals are intended to help provide satellite-based broadband, IoT, machine-to-machine and related services. The company said the VSAT terminals previously were licensed by the agency for use in a Ku-band VSAT network with SmartLNB technology, and would employ numerous licensed hub earth stations to communicate with the terminals.
Globalstar is continuing lobbying the FCC for its terrestrial low-power service broadband proposal. In an ex parte filing posted Thursday in docket 13-213, the company recapped a meeting its executives, including General Counsel Barbee Ponder, had with agency officials including Office of Engineering and Technology Chief Engineer Julius Knapp, and a separate meeting with Commissioner Mike O'Rielly aide Erin McGrath. O'Rielly and Commissioner Mignon Clyburn hadn't decided on the Globalstar draft order that had seen "no" votes by Commissioners Ajit Pai and Jessica Rosenworcel (see 1607140049).
The National Executive Committee for Space-Based Positioning, Navigation and Timing has been painted "a very inaccurate picture of Ligado's current proposal," the company said in a letter to Excom posted Thursday in FCC docket 11-109. The letter from Ligado CEO Doug Smith, plus one from Dennis Roberson of Ligado consultant Roberson and Associates, were in response to a letter to Excom from the chairman of the Space-Based PNT Advisory Board (PNTAB) they said inaccurately said Ligado's LTE plans aren't substantially different from what Ligado as LightSquared previously proposed and which Excom rejected in 2012. The power levels and bands to be utilized are considerably different, Smith said, saying Ligado's plans don't face objections from major GPS companies, unlike the previous iteration of the LTE plan under LightSquared. The PNTAB letter also falsely asserts Ligado's system will be high-power, will include terrestrial use of frequencies just below GPS and will share spectrum with GPS, he said. Roberson said the PNTAB letter about Ligado coexistence with GPS ignores testing Roberson did to demonstrate their compatibility. PNTAB Chairman John Stenbit didn't comment.
Intelsat wants to move its Galaxy 11 satellite from 60.1 degrees east, where it's operating under special temporary authority (STA), to 44.9 degrees east. In an FCC International Bureau filing Wednesday, Intelsat asked for STA to drift Galaxy 11 starting Sept. 1 to 45 degrees east, operate it temporarily there, and then drift it again to its final destination of 44.9 degrees east. Intelsat said the relocation is to help provide continuity of service to Intelsat 12 customers, with that satellite to be de-orbited in late 2017. Intelsat 12 operates in the 11,450-11,700 MHz,12,500-12,750 MHz and 14,000-14,500 MHz bands, and Galaxy 11 operates in the 3700-4200 MHz, 5925-6425 MHz, 10,950-11,200 MHz, 11,700-12,200 MHz, 13,750-14,000 MHz and 14,000-14,500 MHz bands, the company said.
Dish Network is rolling out a personalized skinny bundle offering, Flex Pack, with eight separate packages of channels that would come atop its $39.99 per month core package, it said in a news release Thursday. Dish said Flex Pack is designed to let customers add and subtract the eight themed channel packs monthly, with their prices ranging from $4 to $10 per month. "Flex Pack provides a level of flexibility and control that brings our customers closer to the ideal of fully tailoring their channel lineup," said Warren Schlichting, executive vice president-marketing, programming and media sales. The themed channel packs include a $10 monthly Locals Pack featuring CBS, ABC, NBC, Fox and Univision, a $6 monthly Variety Pack that includes Investigation Discovery, Lifetime Movie Network, Freeform, Bravo, BET and Crime & Investigation, and a $10 monthly National Action Pack of ESPN, ESPN2, FS1, Velocity, AXS TV, Fuse, TV Games Network, TVG2 and Universal HD, Dish said.
With $3.5 billion cash on hand, Dish Network undeniably has the ability to pay the $900 million civil penalty requested by the U.S. for illegal telemarketing activities, said the FTC and DOJ in a motion (in Pacer) Tuesday in U.S. District Court in Springfield, Illinois, asking to admit the satellite company's current financial statements. In the motion, the federal agencies -- which along with four states have brought robocall allegations against Dish (see 0903260144) -- pointed to Dish's most-recent quarterly earnings and said those figures are admissible as relevant evidence to the question of Dish's ability to pay the civil penalty since they seem to contradict previous trial testimony by the company. "Dish is either dissembling to the SEC and the public now or it was dissembling to the Court in January," the federal agencies said. Dish didn't comment.
Set-top box maker HTV International wants the piracy litigation HTVI faces moved from U.S. District Court in Brooklyn, New York, to U.S. District Court in Los Angeles "for the convenience of witnesses, parties, as well as the interest of justice," it said Monday in a request (in Pacer) for a pre-motion hearing on its planned motion to change venue. HTVI said it has no employees or operations in the U.S. and none of the parties have any relationship to the Eastern District of New York. It said the same plaintiffs suing it for pirating CCTV and TVB TV programming (see 1604180064) -- Dish Network and broadcasters China Central TV (CCTV) and TVB Holdings -- have a similar lawsuit against Create New Technology HK filed in the Los Angeles court on alleged piracy via that company's TVpad set-top.