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 Federal  Communications  Commission  DA  00-  2462 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 John  Broyles  d/  b/  a  United  International 
 Broadcasting  Network 


 v. 
 InterMedia 
 Request  for  Stay 


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 CSA  5563-  L 


 ORDER 
 Adopted:  October  31,  2000  Released:  November  2,  2000 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 
 I.  INTRODUCTION 
 1.  John  Broyles  d/  b/  a  United  International  Broadcasting  Network  (“  Broyles”)  has  filed  a 
 request  for  stay  of  John  Broyles  d/  b/  a  United  International  Broadcasting  Network  v.  InterMedia 
 (“  InterMedia  II.)  1  We  deny  the  request  for  stay. 


 2.  Broyles  asserts  in  support  of  the  stay  request  that  he  had  no  knowledge  of  the  petition  for 
 partial  reconsideration  granted  in  InterMedia  II  until  his  receipt  of  copy  of  the  order  granting  the  petition. 
 He  requests  a  stay  of  the  order  to  be  given  an  opportunity  to  respond  to  the  petition,  asserting  a  belief  that 
 the  facts  may  have  been  misrepresented  in  the  petition.  We  reject  these  assertions  as  grounds  for  grant  of  a 
 stay.  First,  a  certificate  of  service  attached  to  the  petition  states  that  a  copy  of  the  petition  was  sent  by  first 
 class  U.  S.  Mail  to  the  address  shown  on  Mr.  Broyles’  correspondence  on  file  in  this  matter.  Second,  a 
 public  notice  of  the  filing  of  the  petition  was  issued  on  August  23,  2000.  2  We  believe  this  record 
 establishes  that  Broyles  was  provided  notice  of  the  filing  of  the  petition. 


 3.  A  petition  for  stay  of  a  Commission  action  is  analyzed  under  a  four-  part  test  which  requires 
 the  stay  proponent  to  demonstrate:  (1)  that  it  will  suffer  irreparable  harm  if  a  stay  is  not  granted;  (2)  that  it 
 is  likely  to  prevail  on  the  merits;  (3)  that  other  interested  parties  will  not  be  harmed  if  the  stay  is  granted; 


 1  DA  00-  2237,  (Cable  Serv.  Bur.,  released  October  2,  2000);  __  FCC  Rcd  _____  (CSB  2000)  (“  InterMedia  II”).  In 
 InterMedia  II  we  granted  a  petition  for  partial  reconsideration  of  John  Broyles  d/  b/  a  United  International 
 Broadcasting  Network  v.  InterMedia,  DA  00-  1568,  (Cable  Serv.  Bur.,  released  July  13,  2000);  __  FCC  Rcd  _____ 
 (CSB  2000)  (“  InterMedia  I”). 
 2  See  Public  Notice,  Cable  Service  Registrations;  Special  Relief  and  Show  Cause  Petitions,  Report  No.  1284.  Dated 


 August  23,  2000. 
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 Federal  Communications  Commission  DA  00-  2462 
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 and  (4)  that  the  public  interest  favors  the  grant  of  a  stay.  3  Broyles  request  for  stay,  which  asserts  only  a 
 belief  that  facts  may  have  been  misrepresented,  meets  none  of  these  standards. 


 II.  ORDERING  CLAUSES 


 4.  Accordingly,  IT  IS  HEREBY  ORDERED  that  the  request  for  stay  filed  in  the  captioned 
 proceeding  by  John  Broyles  d/  b/  a  United  International  Broadcasting  Network  IS  DENIED. 


 5.  This  action  is  taken  under  delegated  authority  pursuant  to  the  provisions  of  Section  0.  321 
 of  the  Commission’s  rules.  4 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  H.  Johnson,  Deputy  Chief 
 Cable  Services  Bureau 


 3  See  Washington  Metropolitan  Area  Transit  Comm'n  v.  Holiday  Tours,  Inc.,  559  F.  2d  841,  843  (D.  C.  Cir.  1977); 
 Virginia  Petroleum  Jobbers  Ass'n  v.  FPC,  259  F.  2d  921,  925  (D.  C.  Cir.  1958). 
 4  47  C.  F.  R  §  0.321. 
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