******************************************************** 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: March 13, 1999 Released: March 16, 1999 By the Chief, Cable Services Bureau: 1. EchoStar Communications Corporation ("EchoStar") has filed a "Motion for Extension of Time" in order to file its reply pleading in the above-noted program access complaint. EchoStar filed its complaint on January 14, 1999. After being granted a two week extension of time, Speedvision Network, L.L.C. and Outdoor Life Network, L.L.C. ("the Networks") filed an answer to EchoStar's complaint on February 17, 1999. EchoStar's reply was then due to be filed on March 4, 1999. EchoStar now also requests an extension of time of two weeks, until March 18, 1999, in order to file its reply to the Networks' answer. 2. EchoStar argues that an extension of time to file its reply is necessary in this case due to the length and specificity of the Networks' answer. The Networks filed a response to EchoStar's request for an extension of time and agreed only to an extension of one week. 3. As we noted in granting the Networks' request for a two week extension of time, the Networks filed suit against EchoStar in the United States District Court of Connecticut alleging, inter alia, that EchoStar had breached the parties' program distribution agreement and fraudulently induced the Networks to enter into that contract. In response, EchoStar filed an answer and counterclaim regarding this matter in federal court. It has not been disputed between the parties that the instant program access complaint is based on exactly the same set of facts and circumstances as the parties' pending federal court litigation. 4. In view of the foregoing, we grant EchoStar's 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 for EchoStar to file a reply pleading in this matter is reasonable. 5. Accordingly, IT IS ORDERED that the "Motion for Extension of Time" filed by EchoStar Communications Corporation regarding its program access complaint (CSR-5364-P) against Speedvision Network, L.L.C. and Outdoor Life Network, L.L.C. 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