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 Federal  Communications  Commission  DA  05-  2996 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 COXCOM,  INC.,  COX  SOUTHWEST  HOLDINGS,  L.  P., 
 COX  COMMUNICATIONS  LOUISIANA,  LLC  and  TCA  CABLE  PARTNERS 


 v. 
 NEXSTAR  BROADCASTING,  INC.  and  MISSION  BROADCASTING,  INC. 


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 CSR  No.  6509 


 ORDER 
 Adopted:  November  17,  2005  Released:  November  21,  2005 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 


 1.  On  January  20,  2005,  CoxCom,  Inc.,  Cox  Southwest  Holdings,  L.  P.,  Cox  Communications  Louisiana,  LLC  and  TCA  Cable  Partners  (collectively  “Cox”)  filed  a  Complaint  for 
 Enforcement  against  Nexstar  Broadcasting,  Inc.  (“  Nexstar”)  and  Mission  Broadcasting,  Inc.  (“  Mission”)  pursuant  to  Section  325(  b)(  3)(  C)  of  the  Communications  Act  of  1934,  as  amended,  1  and  Sections  76.7 
 and  76.65  of  the  Commission’s  rules.  2  Cox  alleged  that  Nexstar  and  Mission  violated  Section  325(  b)(  3)(  C)  of  the  Communications  Act  and  Section  76.65  of  the  Commission’s  rules  by  failing  to 
 negotiate  in  good  faith  for  the  renewal  of  retransmission  consent  agreements  relating  to  a  number  of  their  local  broadcast  television  stations  carried  on  Cox  cable  systems.  3  On  November  3,  2005,  citing  the 
 successful  negotiation  of  mutually  acceptable  retransmission  consent  agreements,  Cox  submitted  a  letter  withdrawing  its  complaint  against  Nexstar  and  Mission. 


 2.  Accordingly,  the  request  to  withdraw  the  Complaint  for  Enforcement  filed  by  Cox  against  Nexstar  and  Mission  is  GRANTED  and  the  complaint  IS  HEREBY  DISMISSED. 


 1  47  U.  S.  C.  §  325(  b)(  3)(  C). 
 2  47  C.  F.  R.  §§  76.  7  and  76.  65. 
 3  See  47  U.  S.  C.  §  325(  b)(  3)(  C)(  ii)  (directing  the  Commission  to  adopt  rules  that  “prohibit  a  television  broadcast 
 station  that  provides  retransmission  consent  from  …  failing  to  negotiate  in  good  faith”);  47  C.  F.  R.  §  76.  65(  a)  (stating  that  “[  t]  elevision  broadcast  stations  that  provide  retransmission  consent  shall  negotiate  in  good  faith  the 


 terms  and  conditions  of  such  agreements  to  fulfill  the  duties  established  by  section  325(  b)(  3)(  C)  of  the  Communications  Act”). 
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 Federal  Communications  Commission  DA  05-  2996 
 2 
 3.  This  action  is  taken  pursuant  to  delegated  authority  pursuant  to  Section  0.283  of  the  Commission’s  rules.  4 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 4  47  C.  F.  R.  §  0.283. 
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