Federal Communications Commission FCC 08-14 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Christian Television Corporation Telemundo Group University Broadcasting LeSea Broadcasting Association of Public Television Stations Univision Communications WLNY-TV and Golden Orange Broadcasting Co. Applications for Review ) ) ) ) ) ) ) ) ) ) ) CSR-5908-M CSR-5931-M CSR-6007-M CSR-6008-M CSR 5865-Z MEMORANDUM OPINION AND ORDER Adopted: January 15, 2008 Released: January 18, 2008 By the Commission: 1. By this Memorandum Opinion and Order we grant in part the Amended Motion to Terminate Outstanding Must-Carry Proceedings (“Motion”) filed by EchoStar Satellite L.L.C. (“EchoStar”) to terminate the above-captioned proceedings.1 EchoStar states that the issues raised in these proceedings have been rendered moot by intervening legislation and by EchoStar’s compliance with the requirements of that legislation. 2. We grant EchoStar’s motion with respect to pending - applications for review filed by Christian Television Corporation, Telemundo Group, University Broadcasting and LeSea Broadcasting.2 Section 203 of SHVERA amended Section 338 of the Communications Act by adding a new subsection governing satellite carriage of local broadcast signals on a single satellite dish antenna. The new Section 338(g), titled “Carriage of Local Stations on a Single Dish,” requires satellite carriers to retransmit local television stations so that satellite subscribers can receive all of the local stations on one satellite antenna and associated equipment.3 EchoStar 1 By separate order, the Media Bureau granted EchoStar’s motion with respect to pending Petitions for Reconsideration of specified adjudications that EchoStar included in its motion. Brunson Communications, Inc. et al, Memorandum Opinion and Order, 22 FCC Rcd 1109 (MB 2007). 2 Christian Television Corporation, CSR-5908-M (filed October 23, 2002); Telemundo Group, CSR-5931-M (filed December 12, 2002); University Broadcasting, CSR-6007-M (filed March 21, 2003) ; and LeSea Broadcasting, CSR- 6008-M ( filed March 21, 2003). 3 See 47 U.S.C. §338 (g)(1) (“Each satellite carrier that retransmits the analog signals of local television broadcast stations in a local market shall retransmit such analog signals in such market by means of a single reception antenna and associated equipment.”). Section 203 of SHVERA redesignated subsections (g) and (h) as subsections (j) and (k) respectively, and inserted a new subsection (g) concerning the single dish requirement. Federal Communications Commission FCC 08-14 2 asserts that it has complied with this requirement. In addition, no party to any of these proceedings has filed any opposition or comment in response to EchoStar’s motion. These proceedings are now moot and thus we terminate them. 3. We also dismiss three Applications for Review filed by Association of Public Television Stations; Univision Communications; and WLNY-TV and Golden Orange Broadcasting Co.4 with respect to the Media Bureau’s declaratory ruling in National Association of Broadcasters and Association of Local Television Stations, Request for Modification or Clarification of Broadcast Carriage Rules for Satellite Carriers.5 The Bureau has issued an order vacating in part its declaratory ruling and thus these applications have been rendered moot.6 4. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 303(r), and 338 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 303(r), 338, and Sections 1.115 and 76.66 of the Commission’s Rules, 47 C.F.R. §§ 1.115 and 76.66, the Motion filed by EchoStar Satellite L.L.C. is granted with respect to the above captioned proceedings and they are hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 4 Association of Public Television Stations (filed May 3, 2002); Univision Communications (filed May 6, 2002); and WLNY-TV and Golden Orange Broadcasting Co.(filed May 3, 2002), CSR 5865-Z. 5 17 FCC Rcd 6065 (MB 2002). 6 National Association of Broadcasters and Association of Local Television Stations --Request for Modification or Clarification of Broadcast Carriage Rules for Satellite Carriers, Memorandum Opinion and Order, DA 07-3726 (released August 24, 2007).