**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| Fox Sports Net Ohio, LLC,        | *  |                              |
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| Massillon Cable TV, Inc.         | ** |                              |
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| Respondent.                      | *  |                              |
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**ORDER**

 

**Adopted:  August 2, 2007**                                     
**Released:  August 2, 2007**

 

By the Chief, Media Bureau: 

1.  On May 4, 2007, Fox Sports Net Ohio, LLC ("FSN Ohio") filed a
    "Petition for De Novo Review of an Interim Order" ("Petition"), in
    which it asked the Commission for de novo review of an "Interim
    Order"[^1] adopted in an arbitration proceeding concerning FSN Ohio
    and Massillon Cable TV, Inc. ("Massillon").[^2] Concurrently, FSN
    Ohio also filed a Request for Stay asking the Commission to stay the
    arbitration proceeding pending the Commission's consideration of FSN
    Ohio's Petition.[^3] On June 8, 2007, FSN Ohio filed a letter with
    the Commission withdrawing its Petition and Request for Stay.[^4]
    Massillon did not oppose the withdrawal.

2.  ACCORDINGLY, IT IS ORDERED that, pursuant to the authority under
    Sections 0.61 and 0.283 of the Commission's rules, 47 C.F.R. §§
    0.61, 0.283, Fox Sport Net Ohio, LLC's withdrawal of its Petition
    for De Novo Review of Interim Arbitration Award of Fox Sports Net
    Ohio, LLC and its Request of Fox Sports Net of Ohio, LLC for Stay of
    Arbitration Pending De Novo Commission Review IS GRANTED.

3.  IT IS FURTHER ORDERED that, pursuant to the authority under Section
    4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §
    154(i), and Sections 0.61 and 0.283 of the Commission's rules, 47
    C.F.R. §§ 0.41, 0.61, 0.283, Fox Sport Net Ohio, LLC's Petition for
    De Novo Review of Interim Arbitration Award of Fox Sports Net Ohio,
    LLC IS DISMISSED without prejudice.

4.  IT IS FURTHER ORDERED that, pursuant to the authority under Sections
    0.61 and 0.283 of the Commission's rules, 47 C.F.R. §§ 0.61, 0.283,
    the Request of Fox Sports Net of Ohio, LLC for Stay of Arbitration
    Pending De Novo Commission Review IS DISMISSED.

> FEDERAL COMMUNICATIONS COMMISSION

Monica Shah Desai

Chief, Media Bureau      

[^1]: Interim Order, American Arbitration Association Case No. 71 472 E
    00656 06 (issued Apr. 26, 2007).

[^2]: Petition for De Novo Review of Interim Arbitration Award of Fox
    Sports Net Ohio, LLC (filed May 4, 2007) ("Petition"). Massillon
    opposed the Petition. *See* Massillon Cable TV, Inc.'s Motion to
    Dismiss and Opposition to Petition of Fox Sports Net Ohio, LLC for
    De Novo Review of Arbitrators Interim Order (filed May 17, 2007). On
    May 25, 2007, FSN-Ohio filed its reply.

[^3]: Request of Fox Sports Net of Ohio, LLC for Stay of Arbitration
    Pending De Novo Commission Review (filed May 4, 2007) ("Request for
    Stay"). Massillon opposed the Request for Stay. *See* Opposition of
    Massillon Cable TV, Inc. to Request of Fox Sports Net Ohio, LLC for
    Stay of Arbitration Pending De Novo Commission Review (filed May 11,
    2007).

[^4]: Letter from William M. Wiltshire, Harris, Wiltshire & Grannis LLP,
    Counsel for FSN Ohio to Marlene H. Dortch, Secretary, FCC (dated
    June 8, 2007). FSN Ohio states that it plans to re-file its Petition
    once the arbitrator has issued a final award. *Id*. at 1. Therefore,
    we will dismiss the Petition without prejudice.