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DISH Network L.L.C. V. The Madison Square Garden Company Et Al

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Released: October 26, 2012

Federal Communications Commission

DA 12-1731

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

DISH Network L.L.C.,
)
Complainant,
)
)

File No. CSR-8367-P
v.
)
)

The Madison Square Garden Company and
)
MSG Holdings, L.P.,
)
Defendants
)

ORDER

Adopted: October 26, 2012

Released: October 26, 2012

By the Senior Deputy Chief, Policy Division, Media Bureau:
1.
On September 16, 2010, DISH Network L.L.C. (“DISH”) filed a program access
complaint (the “Complaint”) against The Madison Square Garden Company and MSG Holdings, L.P.
(collectively, the “Defendants”).1 On May 6, 2011, the Media Bureau issued an Order dismissing one
count in the Complaint and directing DISH and the Defendants to each elect whether they intend to
engage in discovery with respect to the remaining counts.2 Both DISH and the Defendants elected to
proceed to discovery.3 On August 19, 2011, DISH and the Defendants filed a joint submission describing
the discovery matters on which the parties had reached agreement.4 The Media Bureau issued Orders
resolving discovery disputes on August 26, 2011 and on January 17, 2012.5 While the parties stated that
they would propose a post-discovery briefing schedule after the conclusion of discovery, they did not
submit a proposal.6 On October 22, 2012, DISH submitted a Motion to Dismiss the Complaint with


1 See DISH Network L.L.C., Program Access Complaint, File No. CSR-8367-P (filed Sept. 16, 2010). The
Complaint was filed against Madison Square Garden, Inc. and Madison Square Garden L.P., which have changed
their names since the filing of the Complaint to The Madison Square Garden Company and MSG Holdings, L.P.,
respectively.
2 See DISH Network L.L.C. v. Madison Square Garden, Inc. et al., Order, 26 FCC Rcd 6729, 6731, ¶ 7 and 6733, ¶
11 (MB 2011). The Media Bureau also dismissed Cablevision Systems Corp. as a Defendant. See id. at 6731, ¶ 7.
3 See DISH Network L.L.C., Discovery Request, File No. CSR-8367-P (filed May 16, 2011); Defendants, First Set
of Requests for the Production of Documents, File No. CSR-8367-P (filed May 16, 2011).
4 See Joint Submission Regarding Discovery, File No. CSR-8367-P (filed Aug. 19, 2011) (“Joint Submission”).
5 See Letter from William T. Lake, Chief, Media Bureau to Geoffrey M. Klineberg, Counsel for DISH, and Tara M.
Corvo, Counsel for the Defendants, File No. CSR-8367-P (Aug. 26, 2011); DISH Network L.L.C. v. Madison Square
Garden, Inc. et al.
, Order, 27 FCC Rcd 298 (MB 2011).
6 See Joint Submission at 1 (“The parties have agreed to defer the current pleading cycle until after the close of
discovery. Following the completion of discovery, the parties will submit simultaneous opening and reply briefs.
After the end of discovery, the parties will confer with one another and will propose to the Commission a mutually
agreeable briefing schedule for those pleadings.”).

Federal Communications Commission

DA 12-1731

prejudice.7 The Motion states that DISH and the Defendants have reached a settlement of the claims
made by DISH in the Complaint.8
2.
Accordingly,

IT IS ORDERED

that the Motion to Dismiss filed by DISH Network
L.L.C. on October 22, 2012

IS GRANTED

and the Complaint

IS DISMISSED WITH PREJUDICE

.
3.
This action is taken pursuant to authority delegated by Section 0.283 of the
Commission’s rules.9
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division
Media Bureau


7 See DISH Network L.L.C., Motion to Dismiss, File No. CSR-8367-P (filed Oct. 22, 2012).
8 See id. at 1.
9 47 C.F.R. § 0.283.

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