*Pages 1--2 from Microsoft Word - 15206* Federal Communications Commission DA 02- 441 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of: Paxson Communications Corporation v. DirecTV Motion for Modification of Must Carry’ Order ) ) ) ) ) ) ) ) ) ) CSR- 5731- M MEMORANDUM OPINION AND ORDER Adopted: February 22, 2002 Released: February 27, 2002 By the Deputy Chief, Cable Services Bureau: I. INTRODUCTION 1. Paxson Communications Corporation (“ Paxson”) and DirecTV, Inc. (“ DirecTV”) have filed a joint request 1 asking that the Cable Services Bureau’s recent decision in Paxson Communications Corp. v. DirecTV be modified to facilitate on- going negotiations between the parties. 2 The Order requires DirecTV to carry certain Paxson television station within sixty days of the release of the Order (by March 15, 2002). Subsequent to the release of the Order, DirecTV filed an Application for Review of the Bureau’s decision and a Motion for Stay. 2. The parties ask that the Bureau modify its Order to allow for a possible negotiated resolution of this matter. In this regard, they ask that the Order’s filing date for Paxson’s opposition to DirecTV’s “Petition for Review” be extended by thirty days to Monday, March 25, 2002, and that DirecTV’s current obligation to carry certain Paxson stations be extended thirty days to Monday, April 15, 2002. In addition, DirecTV also asks that its “Motion for Stay” be withdrawn without prejudice to its reinstatement should the parties’ negotiations fail to achieve resolution of this matter. 3. We will grant the parties’ requests for modification and DirecTV’s request that its “Motion for Stay” be dismissed without prejudice. We believe that carriage disputes, in general, are best left for the parties to resolve. Furthermore, in view of the short duration of the request, we do not believe that the public interest will be harmed by our action today. 1 See letter dated February 13, 2002. 2 DA 02- 102 (released January 14, 2002)(“ Order”). 1 Federal Communications Commission DA 02- 441 2 II. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED, pursuant to Section 338 of the Communications Act of 1934, as amended (47 U. S. C. §338), the joint request for modification described above IS GRANTED. 5. IT IS FURTHER ORDERED that the request of DirecTV to withdraw its “Motion for Stay” IS GRANTED without prejudice. 6. This action is taken pursuant to authority delegated by Section 0.321 of the Commission’s rules. 3 FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 3 47 C. F. R. §0.321. 2