******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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 COMMUNICATIONS ) CORPORATION ) ) v. ) CSR-5364-P ) SPEEDVISION NETWORK, L.C.C. ) ) OUTDOOR LIFE NETWORK, L.L.C. ) ) Program Access Complaint ) Motion for Extension of Time ) MEMORANDUM OPINION AND ORDER Adopted: January 29, 1999 Released: February 1, 1999 By the Chief, Cable Services Bureau: 1. Speedvision Network, L.L.C. and Outdoor Life Network, L.L.C. ("the Networks") have filed a "Motion for Extension of Time in which to File Responsive Pleading" in the above-noted program access complaint filed by EchoStar Communications Corporation ("EchoStar"). EchoStar filed its program access complaint on January 14, 1999 and the Networks' responsive pleading is due to be filed with the Commission on February 3, 1999. The Networks request an extension of time for two weeks, until February 17, 1999, in which to file their response. 2. On December 7, 1998, the Networks also filed suit against EchoStar in the United States District Court of Connecticut, alleging inter alia that EchoStar had breached the parties' program distribution agreement entered into on November 18, 1998 and fraudulently induced the Networks to enter into that contract. On January 14, 1999, EchoStar filed an answer and a counterclaim regarding this matter in the United States District Court of Connecticut. On that same day, EchoStar filed a program access complaint with the Commission. The Networks contend that this program access complaint is based on exactly the same set of facts and circumstances as the parties' pending federal court litigation, i.e., the same contract, the same negotiations surrounding the contract, the same alleged breaches of contract, and the same alleged injury. 3. The Networks argue that an extension of time in this case is necessary because the issues presented in both this proceeding, as well as the federal court action, are numerous and complex. The Networks also note that the difficulty in responding to these issues in the twenty day period for response to program access complaints is further exacerbated by the fact that the Networks' principal counsel is unavailable during this time period due to travel and involvement in unrelated depositions and a preliminary injunction hearing. The Networks note that they have sought EchoStar's consent to their motion, but EchoStar has refused such consent. 4. We grant the Networks' Motion for an Extension of Time. We believe that this matter is unique because of the complex interrelationship that exists between EchoStar's pending program access complaint and the pending litigation regarding the same or similar issues in federal district court. Given the weight of the issues at hand, we believe that a two week extension of time to file a responsive pleading in this matter is reasonable. 5. Accordingly, IT IS ORDERED that the "Motion for Extension of Time in which to File Responsive Pleading" filed by Speedvision Network, L.L.C. and Outdoor Life Network, L.L.C. regarding EchoStar's program access complaint (CSR- 5364-P) filed against these parties IS GRANTED. 6. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah A. Lathen Chief, Cable Services Bureau