LOS ANGELES — A federal judge has denied a request to temporarily ban Dish Network ads that ask consumers "Why Pay More?" for TV service from rival satellite provider DirecTV.

DirecTV filed a lawsuit in U.S. District Court in New York last week saying Dish is using false and misleading ads that say its basic package is $24 cheaper per month.

DirecTV argued the comparison is "apples-to-oranges" because it compares two different tiers of programming.

Dish Chief Executive Charlie Ergen said Tuesday the comparison looks at the two companies' most basic packages, which contain "essentially the same programming."

DirecTV says the ads compare Dish's $39.99 "America's Top 120" package, which has fewer than 100 channels, to DirecTV's $63.99 "Choice Xtra" package, which has more than 140 channels.

Dish said its ads compare its "America's Top 120" to DirecTV's "Choice" without promotions when available in two rooms.

Dish said its package had 34 of the top 40 rated channels to DirecTV's 40.