FCC Partially Dismisses Dish Program Access Complaint Against MSG
The FCC Media Bureau dismissed part of Dish Network’s program access complaint against Madison Square Garden and Cablevision. The bureau dismissed the third count of Dish’s complaint, in which Dish alleged Cablevision was using improper influence over MSG’s decisions on the licensing of regional sports networks to the DBS provider. Cablevision was dismissed as a defendant, said an order released Friday afternoon and signed by bureau Chief Bill Lake. Verizon and AT&T have filed program access complaints against Cablevision and MSG, though no decision has been made public.
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In Dish’s third count, it failed to “specify any facts supporting its claim against” Cablevision, the bureau said. Rather, the DBS company “theorizes” about the financial incentive that the Dolan family, the controlling shareholder of MSG and Cablevision, has for improperly influencing MSG, it said. The family isn’t a defendant to the complaint and Dish can’t rely “solely on general and conclusory allegations,” said the agency. Dish said it’s still reviewing the order. Cablevision and MSG declined to comment.
The bureau will wait until discovery is declined or completed before ruling on the first two counts, Lake wrote. MSG and Dish have until May 16 to file requests for discovery or a formal letter saying they're not requesting discovery with the FCC on the first two counts of the complaint, the bureau said. On the first count, in which Dish said MSG’s actions had the purpose of hindering Dish, conflicting evidence has been submitted, the order said. “Further factual development through discovery” could “be useful in resolving” the first count, it said.
On the second count of the complaint, the bureau said Dish has established a prima facie case of program access discrimination in line with FCC rules. Under those roles the complainant must show there’s a difference between the rates, terms or conditions charged or offered to the complainant and its competitor. The account of how Dish established the prima facie showing is largely redacted in the public version of the order.