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*****************************************************************

                           Before the
                      Federal Communications Commission
                          Washington, D.C. 20554


In the Matter of:                    )
                                      )
ECHOSTAR SATELLITE CORPORATION,      )
                                      )
         Complainant,                )       CSR-5469-P
                                      )
                                v. )
                                )
COMEDY PARTNERS,                      )
                                      )
          Defendant.                  )
                                      )                          
                                     
                                     

                  MEMORANDUM OPINION AND ORDER

        Adopted:  February 10, 2000     Released:  February 14, 2000

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

          1.   On December 30, 1999, EchoStar Satellite Corporation ("EchoStar") filed a program access
complaint (the "Complaint") against Comedy Partners.  In the Complaint, EchoStar alleged that Comedy Partners
violated Section 628(b) of the Communications Act and Section 76.1002(b) of the Commission's rules by
unlawfully discriminating against EchoStar in the rates and other terms and conditions pursuant to which it offers
the cable programming service known as Comedy Central to EchoStar.  EchoStar simultaneously filed a motion
to stay the pleading cycle in order to allow the parties to attempt to negotiate a resolution of the program license
dispute underlying the Complaint.  Comedy Central consented to this motion and the Cable Services Bureau
granted the motion upon filing.

     2.   On February 4, 2000, EchoStar filed a motion to dismiss the Complaint with prejudice (the
"Motion to Dismiss") to which Comedy Partners consented.  In the Motion to Dismiss, EchoStar states that the
parties have entered into a settlement agreement resolving the program license dispute underlying the Complaint. 
As part of this agreement, EchoStar states that it agreed to seek dismissal with prejudice of the Complaint. 
Accordingly, EchoStar, with the consent of Comedy Partners, requests that the Commission dismiss the Complaint
with prejudice.

     3.   Accordingly, IT IS ORDERED that the program access complaint of EchoStar Satellite
Corporation filed against Comedy Partners in the above-encaptioned proceeding IS DISMISSED WITH
PREJUDICE.  

     4.   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 E. Klein
                              Chief, Consumer Protection and Competition Division
                                   Cable Services Bureau