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 Federal  Communications  Commission  DA  05-  1136 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Rainbow  DBS  Company  LLC 
 v. 
 iN  DEMAND,  L.  L.  C. 


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 CSR-  6414-  P 


 ORDER 
 Adopted:  April  26,  2005  Released:  April  27,  2005 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 


 1.  On  October  8,  2004,  a  program  access  complaint  was  filed  on  behalf  of  Rainbow  DBS  Company  LLC  (“  VOOM”)  1  against  iN  DEMAND,  L.  L.  C.  (“  ID”)  pursuant  to  Sections  628(  b)  and  (c)  of 
 the  Communications  Act  of  1934,  2  as  amended,  and  Sections  76.7(  a)  and  76.1003(  a)  of  the  Commission’s  rules.  3  VOOM  alleged  that  ID  violated  Section  628(  b)  of  the  Act  because  it  refused  to  negotiate  a  non-discriminatory, 
 commercially  reasonable  agreement  with  VOOM  for  carriage  of  ID’s  INHD1  and  INHD2  high  definition  television  programming  channels.  4  VOOM  also  alleged  that  ID  violated  Section  628(  c)  of 
 the  Act  and  Section  76.1002(  c)(  2)  of  the  Commission’s  rules  because  ID  made  its  programming  available  exclusively  to  cable  television  operators.  5  On  April  13,  2005,  citing  recent  developments  related  to 
 VOOM’s  operations,  a  letter  was  submitted  withdrawing  VOOM’s  program  access  complaint  against  ID. 
 2.  Accordingly,  the  request  to  withdraw  the  program  access  complaint  filed  by  Rainbow  DBS  Company  LLC  against  iN  DEMAND,  L.  L.  C.  is  GRANTED  and  the  complaint  IS  HEREBY 


 DISMISSED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 1  VOOM  is  a  registered  trademark  of  Rainbow  DBS. 
 2  47  U.  S.  C.  §  548(  b)  and  (c). 
 3  47  C.  F.  R.  §§  76.  7(  a)  and  76.  1003(  a). 
 4  47  U.  S.  C.  §  548(  b). 
 5  47  U.  S.  C.  §  548(  c);  47  C.  F.  R.  §  76.  1002(  c)(  2). 
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