Federal Communications Commission DA 11-369 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications for Consent to the Assignment and/or Transfer of Control of Licenses Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors, to Time Warner Cable Inc. (subsidiaries), Assignees; Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors and Transferors, to Comcast Corporation (subsidiaries), Assignees and Transferees; Comcast Corporation, Transferor, to Time Warner Inc., Transferee; Time Warner Inc., Transferor, to Comcast Corporation, Transferee ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 05-192 ORDER Adopted: February 25, 2011 Released: February 25, 2011 By the Senior Deputy Chief, Policy Division, Media Bureau: 1. On December 8, 2010, Comcast Corporation and Comcast SportsNet California, LLC f/k/a Comcast SportsNet West, Inc., operator of the regional sports network Comcast SportsNet California (“CSN-CA”) (collectively, “Comcast”), filed a Petition for Clarification or, in the Alternative, Modification of Arbitration Condition (“Petition”), requesting that the Commission clarify that final offer arbitration initiated under the Adelphia Order1 is mutually binding or, in the alternative, modify the 1 See Applications for Consent to the Assignment and/or Transfer of Control of Licenses, Adelphia Communications Corporation, Assignors to Time Warner Cable, Inc., Assignees, et al., Memorandum Opinion and Order, 21 FCC Rcd 8203 (2006) (“Adelphia Order”). Federal Communications Commission DA 11-369 condition so that both parties are bound by the results in all pending and future arbitrations.2 Comcast states that it filed this Petition after DISH Network L.L.C. (“DISH”) ceased carrying CSN-CA following the issuance of an arbitration award under the Adelphia Order arbitration condition and that a clarification was necessary to ensure continued carriage of CSN-CA by DISH.3 On February 4, 2011, Comcast filed a Motion to Withdraw the Petition.4 Comcast states that it executed a settlement agreement on February 3, 2011 with DISH resolving the underlying dispute and that DISH has resumed carriage of CSN-CA.5 Accordingly, Comcast states that a ruling on the Petition is no longer necessary to ensure carriage of CSN-CA by DISH.6 In view of this settlement, we grant Comcast’s Motion to Withdraw. 2. Accordingly, IT IS ORDERED that Comcast’s Motion to Withdraw Petition for Clarification or, in the Alternative, Modification of Arbitration Condition IS GRANTED. 3. IT IS FURTHER ORDERED that, with respect to the arbitration between DISH and Comcast, the Petition for Clarification or, in the Alternative, Modification of Arbitration Condition IS DISMISSED WITH PREJUDICE. 4. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules.7 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 2 See Comcast, Petition for Clarification or, in the Alternative, Modification of Arbitration Condition, MB Docket No. 05-192 (December 8, 2010) (“Petition”). 3 See Comcast, Motion to Withdraw Petition for Clarification or, in the Alternative, Modification of Arbitration Condition, MB Docket No. 05-192 (February 4, 2011). 4 See id. 5 See id. 6 See id. 7 47 C.F.R. § 0.283.