*Pages 1--1 from Microsoft Word - 56562.doc* Federal Communications Commission DA 06- 799 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of: DIRECTV, Inc. v. iN DEMAND L. L. C. ) ) ) ) ) ) ) CSR- 6901- P ORDER Adopted: April 19, 2006 Released: April 21, 2006 By the Deputy Chief, Policy Division, Media Bureau : 1. On June 29, 2005, a program access complaint was filed on behalf of DIRECTV against iN DEMAND L. L. C. (“ ID”) pursuant to Section 628 of the Communications Act of 1934, as amended, 1 and Sections 76.1000- 1003 of the Commission’s rules. 2 DIRECTV alleged that ID’s fee structure for the sale of its INHD programming violated Section 628( c)( 2)( B) of the Act and Section 76.1002( b) of the Commission’s rules because it discriminated in its price, terms and conditions. 3 DIRECTV also alleged that ID’s fee structure constituted an unfair practice in violation of Section 628( b) of the Act and Section 76.1001 of the Commission’s rules. 4 On April 7, 2006, pursuant to Section 76.7( a)( 4)( iii) of the Commission’s rules, DIRECTV withdrew its program access complaint against ID and asked the Commission to dismiss the complaint without prejudice. 5 2. Accordingly, DIRECTV’s request is GRANTED and its program access complaint against iN DEMAND, LLC IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMUNICATIONS COMMISSON Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 1 47 U. S. C. § 548. 2 47 C. F. R. §§ 76. 1000- 1003. 3 47 U. S. C. § 548( c)( 2)( B); 47 C. F. R. § 76. 1002( b). 4 47 U. S. C. § 548( b); 47 C. F. R. § 76. 1001. 5 47 C. F. R. § 76.7( a)( 4)( iii). 1