******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ECHOSTAR SATELLITE CORPORATION v. FOX/LIBERTY NETWORKS, LLC FOX SPORTS NET, LLC FOX SPORTS DIRECT ) ) ) ) ) ) ) ) ) ) ) ) File No. CSR-5412-P MEMORANDUM OPINION AND ORDER Adopted: December 20, 1999 Released: December 23, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. EchoStar Satellite Corporation ("EchoStar") filed a program access complaint pursuant to Section 628(c)(2)(B) of the Communications Act of 1934, as amended, and Section 76.1002(b) of the Commission's rules against Fox/Liberty Networks, LLC, Fox Sports Net, LLC, and Fox Sports Direct (collectively "Fox"). EchoStar alleged in its complaint that Fox unlawfully discriminated against EchoStar in prices and other terms and conditions for making available the regional sports programming of Fox Sports Arizona. Fox filed an answer and EchoStar filed a reply. 2. On December 9, 1999, EchoStar filed a "Motion to Dismiss with Prejudice" requesting that the Commission dismiss its program access complaint against Fox. EchoStar explains that pursuant to a settlement agreement executed on November 29, 1999, EchoStar and Fox amicably settled certain disputes, including the above-captioned program access complaint. As part of that settlement, EchoStar agreed to dismiss with prejudice its pending program access complaint against Fox. 3. In accordance with EchoStar's December 9, 1999 request to dismiss its program access complaint against Fox, this proceeding is hereby dismissed with prejudice. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau