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FOR FCC RECORD ONLY
$//ORDER Denying Stay of SportsChannel Associates, DA 95-2134//$
$/ 76.1002 Specific unfair practices prohibited/$
$/ 1.45(d) Requests for Temporary Relief/$

                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554


     DA 95-2134

In the Matter of:     )
     )
CELLULARVISION  )
OF NEW YORK, L.P.     )          CSR 4478-P
     )          
v.   )
     )
SPORTSCHANNEL ASSOCIATES,   )
     )
Petition for Stay     )
Pending Reconsideration of       )
Order on Program Access Complaint)


                                   ORDER


     Adopted:  October 6, 1995   Released:  October 6, 1995


By the Chief, Cable Services Bureau:


I.  Introduction

     1.    On September 20, 1995, SportsChannel Associates ("SportsChannel") filed a 
Petition for Reconsideration of the Memorandum Opinion and Order ("Order") issued by the 
Cable Services Bureau in CellularVision of New York v. SportsChannel Associates.  The 
Order requires SportsChannel to sell its SportsChannel New York ("SCNY") programming to
CellularVision on non-discriminatory terms within 45 days from the release date of the Order. 
SportsChannel also filed with the Cable Services Bureau a Request for Stay Pending 
Reconsideration ("Request for Stay") on September 20, 1995.  In its Request for Stay, 
SportsChannel seeks a stay of the Order pending the resolution of its Petition for 
Reconsideration.  CellularVision of New York, L.P. ("CellularVision") filed an Opposition to
the Request for Stay Pending Reconsideration on September 27, 1995.  For the reasons set
forth below, we deny SportsChannel's Request for Stay.

II.  Background

     2.    On February 22, 1995, CellularVision filed a Program Access Complaint 
against SportsChannel alleging discrimination in the sale of SCNY satellite cable 
programming in violation of Section 628(c)(2)(B) of the Communications Act of 1934, as 
amended, and Section 76.1002(b) of the Commission's rules.  SportsChannel filed an 
Answer to the Complaint on March 24, 1995, and CellularVision filed a Reply on April 12, 
1995.

     3.    Based on the record in the proceeding and pursuant to the Commission's rules, 
the Bureau found that SportsChannel discriminated against CellularVision in the sale of 
SCNY programming in violation of Section 628(c)(2)(B) of the Communications Act and 
Section 76.1002(b) of the Commission's rules.  As a result, the Bureau ordered SportsChannel
to sell its SCNY programming to CellularVision on non-discriminatory terms within 45 days 
from the release date of the Order.

III. Discussion

     4.    The Commission evaluates petitions for stay under well-settled principles.  To 
support a stay, SportsChannel must demonstrate that:  (1) they are likely to prevail on the 
merits; (2) they will suffer irreparable harm if a stay is not granted; (3) other interested parties
will not be harmed if the stay is granted; and (4) the public interest favors grant of a stay.  
As discussed below, we find that SportsChannel has not demonstrated that in the absence of a
stay, it will suffer irreparable harm.  Moreover, we find that the public interest does not favor
grant of a stay.  We therefore deny SportsChannel's Request for Stay.

     5.    In its Request for Stay, SportsChannel states that compliance with the Order 
would render SCNY programming extremely vulnerable to signal theft, and therefore subject 
SportsChannel to immediate and irreparable harm.  The harm cited by SportsChannel is, 
however, based on the speculative assumption that CellularVision's signal will in fact be 
pirated, an assumption that SportsChannel has not proven to be likely or imminent.  Because 
the harm cited by SportsChannel is highly speculative and unsubstantiated, we find that 
SportsChannel has not demonstrated that it will suffer irreparable harm if a stay is not 
granted.

     6.    Moreover, we find that a stay is not in the public interest.  The program access 
provisions of the Cable Television Consumer Protection and Competition Act of 1992 were 
designed to ensure that competition to traditional wired cable develops and to encourage 
nascent competition from emerging competitors.  Congress explicitly found that the goal of 
increased competition "promote[s] the public interest."  In light of the goals of the program 
access provisions, and in light of the fact that CellularVision currently does not have access to
SCNY programming, we find that grant of a stay is not in the public interest.

     7.    Accordingly, IT IS ORDERED that the Request for Stay Pending 
Reconsideration filed by SportsChannel Associates IS DENIED.

     8.    This action is taken by the Chief, Cable Services Bureau, pursuant to authority 
delegated by Section 0.321 of the Commission's rules.  47 C.F.R.  0.321.


     FEDERAL COMMUNICATIONS COMMISSION





     Meredith J. Jones
     Chief, Cable Services Bureau