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Media Bureau Issues Order for Dish Network to Disclose Agreements.

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Released: January 17, 2012

Federal Communications Commission

DA 12-52


REDACTED VERSION

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

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

v.
)
File No. CSR-8367-P
)
The Madison Square Garden Company and
)
MSG Holdings, L.P.,
)
Defendants.
)
)

ORDER

Adopted: January 17, 2012

Released: January 17, 2012

By the Chief, Media Bureau:
1.
On September 16, 2010, DISH Network L.L.C. (“DISH”) filed a program access
complaint against The Madison Square Garden Company and MSG Holdings, L.P. (collectively,
“Defendants”).1 On May 6, 2011, the Media Bureau issued an Order dismissing one count in the
complaint and directing DISH and Defendants to each elect whether they intend to engage in discovery
with respect to the remaining counts.2 On May 16, 2011, DISH and Defendants each submitted discovery
requests.3 On August 19, 2011, DISH and Defendants filed a joint submission describing the discovery
matters on which the parties had reached agreement.4

2.
In their discovery request, Defendants seek, among other things, certain affiliation
agreements DISH has entered into with regional sports networks. We hereby order that DISH disclose to
Defendants’ outside counsel the affiliation agreements dated October 29, 2010, and October 1, 2004,
governing DISH’s carriage of the regional sports networks [REDACTED]. The disclosure of the
Agreements shall be governed by the Protective Order dated October 29, 2010, and shall be deemed
Highly Confidential Information for “Outside Counsel’s Eyes Only.”5


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).
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).
5 See DISH Network L.L.C. v. Madison Square Garden, Inc. et al., Order, 25 FCC Rcd 15227 (MB 2010) (adopting
protective order).

Federal Communications Commission

DA 12-52


REDACTED VERSION

3.
Accordingly,

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 628 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 548, and Sections 76.7(f) and
76.1000-76.1003 of the Commission’s rules, 47 C.F.R. §§ 76.7(f) and 76.1000-76.1003, DISH disclose to
Defendants’ outside counsel the Agreements as set forth above.
4.
This action is taken pursuant to authority delegated by Section 0.283 of the
Commission’s rules.6
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau


6 47 C.F.R. § 0.283.
2

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