******************************************************** 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 ) CSR 5127-P CORPORATION ) ) v. ) ) RAINBOW MEDIA HOLDINGS, INC. ) ) RAINBOW PROGRAMMING ) HOLDINGS, INC. ) ) Program Access Complaint ) ORDER Adopted: March 17, 1998 Released: March 19, 1998 By the Chief, Cable Services Bureau: 1. EchoStar Communications Corporation ("EchoStar") filed a program access complaint against Rainbow Media Holdings, Inc. and Rainbow Programming Holdings, Inc. (collectively "Rainbow") alleging that Rainbow discriminated in the prices, terms and conditions of programming offered to EchoStar, in violation of 47 U.S.C.  548(c)(2)(B) and 47 C.F.R.  76.1002(b). Alternatively, EchoStar alleged that Rainbow unreasonably refused to sell its programming to EchoStar in violation of 47 U.S.C.  548(c) and 47 C.F.R.  76.1002(b). EchoStar also alleged that Rainbow had engaged in unfair methods of competition or unfair acts and practices in violation of 47 U.S.C.  548(b) and 47 C.F.R.  76.1001. Rainbow filed an Answer and EchoStar filed a Reply. 2. EchoStar has filed a Motion to Dismiss requesting that the Commission dismiss its program access complaint with prejudice. EchoStar explains that it and Rainbow have amicably settled the issues in its program access complaint, and as part of the settlement agreement, EchoStar agreed to seek dismissal of its complaint. 3. In accordance with complainant's request of March 4, 1998, this proceeding is hereby dismissed with prejudice. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau