Is Voom Doomed On Dish Network?

Washington, D.C. (May 6, 2008) -- The Supreme Court of New York last month denied Voom's request for a preliminary injunction to block Dish Network from terminating its agreement to carry its 15 high-def channels.

That's according to court documents obtained by the web site, DBSTalk.com.

The decision leaves Voom's fate on Dish Network in doubt. While Dish Network is now offering Voom in its 19-channel Ultimate HD package, court papers show that the satcaster intended to remove Voom from its lineup entirely before the lawsuit was filed.

Dish contends that Voom has failed to spend $100 million annually on the 15 high-def channels as stated in their affiliation agreement. Based on that contention, the satcaster informed Voom last year that it would move the 15 HD channels to a less watched programming tier.

Voom objected to the plan, saying it would reduce its programming fees and jeopardize its business. Following a series of negotiations, Dish informed the programmer that it planned to terminate the agreement entirely. That's when Voom decided to file the lawsuit and injunction request, which the court rejected on April 23.

The court said Voom failed to show that it satisfied the spending requirement in the affiliation agreement.

It is uncertain if Voom will appeal last month's court decision. The programmer said in court papers that Cablevision is the only other TV provider that carries its 15 channels, adding that DIRECTV's "business plan" does not call for the addition of its 15-channel block.

Without Dish Network, Voom told the court that it could have trouble continuing as a 15-channel service.

EchoStar, the sister company of Dish Network, actually owns Voom's satellite and has an equity stake in Voom's 15-channel programming suite which includes niche channels on subjects such as horror films, international sports and antiques.

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