*Pages 1--2 from Microsoft Word - 61040.doc* Federal Communications Commission DA 06- 2292 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of: Verizon Telephone Companies and Verizon Services Corp. v. Cablevision Systems Corporation and Rainbow Media Holdings, LLC ) ) ) ) ) ) ) ) ) File No. CSR- 7010- P ORDER Adopted: November 14, 2006 Released: November 16, 2006 By the Deputy Chief, Policy Division, Media Bureau 1. Verizon Telephone Companies and Verizon Services Corp. (“ Verizon”) filed a program access complaint pursuant to Section 628( b) 1 and Section 628( c)( 2)( B) 2 of the Communications Act of 1934, as amended, against Cablevision Systems Corporation and Rainbow Media Holdings, LLC (collectively “Rainbow”). Verizon alleged that it was denied the right to carry three of the satellite-delivered regional sports networks (“ RSNs”) owned and controlled by Rainbow – Fox Sports Network New York, Madison Square Garden Network, and Fox Sports Network New England – and this refusal to deal constituted an unlawful and unfair method of competition or an unfair or deceptive act or practice. Verizon further alleged that the actions of Rainbow demonstrated unlawful discrimination by refusing to sell the programming to Verizon. On November 1, 2006, Verizon filed a “Motion to Dismiss Program Access Complaint” and informed the Commission that Rainbow consents to the motion. Verizon states that on October 30, 2006, the parties reached a mutually agreeable settlement under which Rainbow agreed to provide Verizon carriage rights for the RSNs. Verizon further states that the parties generally agreed to release each other from claims related to the dispute, while reserving their rights with respect to disputes arising from programming not specifically subject to the agreement. Verizon states that as part of the settlement, it has agreed to withdraw its Complaint against Rainbow with prejudice. 1 47 U. S. C. § 548( b); see 47 C. F. R. § 76. 1001. 2 47 U. S. C. § 548( c)( 2)( B); see 47 C. F. R. § 76. 1002( b). 1 Federal Communications Commission DA 06- 2292 2 2. Accordingly, Verizon’s Motion to Dismiss is GRANTED and its program access complaint against Cablevision Systems Corporation and Rainbow Media Holdings, LLC IS DISMISSED WITH PREJUDICE. 3. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules. 3 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 3 47 C. F. R. § 0.283. 2