Rcn-betg, llc file No. Notice of Intent to Establish an Open Video System notice of intent



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BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20054

In the Matter of )

)

RCN-BETG, LLC ) File No. ________

)

Notice of Intent to Establish )

an Open Video System )


NOTICE OF INTENT

TO ESTABLISH AN OPEN VIDEO SYSTEM
RCN-BETG, LLC, Inc. (“RCN-BETG”), by its undersigned counsel, and pursuant to Section 651 of the Telecommunications Act of 1996 and Section 76.1503(b)(1) of the Commission’s Rules, hereby submits its “Notice of Intent,” (“Notice”) to establish an open video system (“OVS”). As required by Section 76.1503(b)(1), RCN-BETG respectfully submits the following information:

1. RCN-BETG is a joint venture between Residential Communications Network of Massachusetts, Inc. and Boston Energy Technology Group, Inc. The contact person for the operator, Scott Burnside, is located at 100 Lake Street, Dallas, PA 18612. Mr. Burnside may be reached at (717) 675-6201.

2. RCN-BETG’s projected service area includes the following communities/CUID numbers:

Community CUID No(s).

Acton MA0196

Arlington MA0115

Ashland MA0231

Bedford MA0210

Bellingham MA0221, MA0183

Belmont MA0316

Boston MA0182

Braintree MA0217

Brookline MA0219, MA0155

Burlington MA0080

Cambridge MA0280

Canton MA0173

Carlisle MA0293

Chelsea MA0064

Concord MA0270

Dedham MA0238

Dover MA0314

Framingham MA0094

Holliston MA0236

Hopkinton MA0306

Lexington MA0140

Lincoln MA0324, MA0301

Maynard MA0146

Medfield MA0258

Medway MA0189

Millis MA0174

Milton MA0163

Natick MA0141

Needham MA0199

Newton MA0117

Norfolk MA0248

Norwood MA0148

Quincy MA0216, MA0066

Sharon MA0211

Sherborn MA0310

Somerville MA0057

Stoneham MA0042, MA0101

Sudbury MA0255

Walpole MA0220


Community CUID No(s).
Waltham MA0261

Watertown MA0130

Wayland MA0267

Wellesley MA0241

Weston MA0268

Westwood MA0204

Weymouth MA0129

Winchester MA0111

Woburn MA0033
3. The open video system will have a maximum of 330 channels available, each consisting of 6 MHz analog capacity. Subject to demand from prospective Video Programming Providers (“VPPs”), RCN-BETG will evaluate and may implement an alternative technology including, but not limited to, a switched digital open video system. In any event, the selected solution will satisfy VPPs channel requests and meet all OVS channel capacity requirements.

4. VPPs interested in carriage on RCN-BETG’s open video system may obtain additional information about the system by completing the OVS Information Request Form (Attachment 1) and submitting it to:

Scott Burnside

RCN-BETG, LLC

100 Lake Street

Dallas, PA 18612.


Pursuant to 47 C.F.R. § 76.1503(b)(2) of the FCC’s rules, within five business days of receipt of a request for information, RCN-BETG will provide the VPP with additional information regarding the open video system to enable the VPP to make an enrollment decision. With this information, the VPP will also be provided with additional forms and instructions necessary for carriage on RCN-BETG’s open video system. If a VPP decides to seek carriage on RCN-BETG’s open video system after receipt of the additional information, the VPP must submit the required forms, a non-refundable application processing fee, and a channel reservation deposit by the end of the enrollment period. 5. One third of the system’s maximum capacity will be set aside for RCN-BETG and/or its affiliates. In addition, RCN-BETG will utilize approximately nineteen (19) channels to carry public programs, educational programs, governmental programs, and those stations entitled to demand carriage pursuant to 47 C.F.R. § 76.56 and § 76.1506 of the FCC’s rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for RCN-BETG and its affiliates.

6. The enrollment period for VPPs seeking carriage on RCN-BETG’s open video system will commence on February 28, 1997, and conclude May 31, 1997. In order to allow for contract finalization, ensure orderly channel allocation and allow timely systems allocation to occur, VPPs must submit their preliminary enrollment requests no later than April 30, 1997. Allocation of capacity in the event demand exceeds system capacity will occur as described in Attachment 2.

7. Attached is a certification that RCN-BETG has complied with all relevant notifications requirements under the FCC’s open video system regulations concerning must-carry and retransmission consent (47 C.F.R. § 76.1506) , including a list of all the local commercial and non-commercial television stations served. (Attachment 3.) An example of the notification letter sent to television stations pursuant to this Section is also appended hereto. (Attachment 4.) Also attached is a certificate of service showing that RCN-BETG’s Notice of Intent has been served on all local franchising authorities which are located within RCN-BETG’s anticipated OVS service area. (Attachment 5.)

Respectfully submitted,


RCN-BETG, LLC

__________________________________

Andrew D. Lipman

Jean L. Kiddoo

Kathy L. Cooper
SWIDLER & BERLIN, CHARTERED

3000 K Street, N.W.

Suite 300

Washington, D.C. 20007

(202) 424-7834
Its Counsel
Dated: February 28, 1997

Attachment 1


RCN-BETG, LLC

OPEN VIDEO SYSTEM

INFORMATION REQUEST FORM


Section I: Video Programming Provider Information


Name of Company: ___________________________________
Name of Contact: ___________________________________
Address: ___________________________________
___________________________________
___________________________________
Telephone:___________________________________
Facsimile: ___________________________________




Section II: Carriage Information


Total amount of capacity requested: ___________ channels





Section III: Certification and Non-Disclosure Statement


The undersigned video programming provider (“VPP”) represents that it has the right under the copyright laws to select and contract for carriage of specific video programming on the RCN-BETG open video system, and that it has no formal or informal affiliation (as defined by 47 C.F.R. § 76.1500(g) of the FCC’s rules) or agreement with any other VPP requesting capacity or with any cable operator providing cable television services within RCN-BETG’s open video system service area, and that the capacity requested will only be used for the commercial operation of an information service. The VPP and its affiliates agree not to disclose to any other party the information provided by RCN-BETG in response to this request, except for information that is in the public domain and except as provided in 47 C.F.R. § 76.1513(j) of the FCC’s rules, and that they will not use the information for any purpose whatsoever other than making an informed decision as to whether to enroll in the RCN-BETG open video system and the subsequent activation of such enrollment, if any.

___________________________________________________________________ _____________________

Signature NameTitle Date



Attachment 2

Page 1 of 2
RCN-BETG, LLC

OPEN VIDEO SYSTEM

CHANNEL ALLOCATION PROCESS


RCN-BETG’s anticipated total system capacity on its open video system is 330, 6 MHz analog channels. The following channel allocations already have been made:

RCN-BETG: 110 channels for video programming + approximately 19 channels for the PEG/Must-Carry/Retransmission consent requirements. The remaining number of channels to be allocated is 201.
Initial capacity requests must be submitted by April 30, 1997. At that time, the total number of channels requested from all VPPs will be calculated. If sufficient capacity exists to fill all requests, each VPP will be allocated channel capacity equal to its request. If the

sum of all channels requested exceeds available channel capacity, each VPP requesting fewer than 6 channels will receive its requested channels; VPPs requesting more than 6 channels will receive at least 6, total capacity permitting. The remaining channels will be allocated to each VPP requesting more than 6 channels on a pro rata basis; that is based on the ratio of the remaining number of channels requested by all VPPs.


The following is an illustration of the allocation process based on the availability of 201 channels and a request for 398 channels from multiple VPPs.







VPP
A
B
C
D
E
F

Total

Channels

Requested
2
6
20
110
150
110

____
398


Minimum


Allocation
2
6
6
6
6
6

_____
32

Remaining

Channels


Requested
0
0
14
104
144
104

____
366

Ratio of Rmng Chnl Avlble to Rmng Chnl Requested

--
--


.462
.462
.462
.462

No. of


Channels

Allocated
2
6
12
54
73
54

____
201





Attachment 2

Page 2 of 2


Because VPPs C through F all requested more than 6 channels, each VPP is allotted up to 6 channels as the minimum allocation. The remaining number of channels available to be divided among the VPPs is 169 (201 channels minus 32 channels).


The number of available channels to be allocated on a pro rata basis (169) is divided by the remaining number of channels requested (366), which equals .462. This factor is used to calculate the distribution of the remaining 169 channels to VPPs C through F.
The remaining channels requested by VPPs C through F are multiplied by the pro rata factor (.462) to determine the number of channels the VPPs will be allocated in addition to the six channel minimum. Fractions of channels have been rounded to the nearest whole number.
RCN-BETG will mail notification to each VPP to confirm the channel capacity allocation by May 15, 1997. Any VPP that is allocated fewer channels that it initially requested may withdraw its channel capacity request by notifying RCN-BETG by mail. Cancellations must be received by 5:00 p.m. on May 20, 1997. Channel capacity made available through the withdrawal of one or more VPPs will be reallocated on a pro rata basis to the remaining VPPs who did not receive their full request. On May 25, 1997, RCN-BETG will mail a notification to each remaining VPP to confirm the final channel capacity allocation.


Attachment 3

Page 1 of 3
CERTIFICATE OF SERVICE
I, Sharon Brighthaupt, hereby certify that on the 28th day of February, 1997, I caused written notice to be sent by overnight mail to all commercial and noncommercial television stations operating within RCN-BETG’s proposed open video system television market, as indicated by the attached service list.

______________________________

Sharon Brighthaupt
Attachment 3

Page 2 of 3
Service List

Commercial and Non-Commercial Television Stations


Robert D. Gordon

President & General Manager

WABU-TV Channel 68

1660 Soldiers Field Road

Boston, MA 02135
William Aber

Vice President & General Manager

WBZ TV Channel 4

1770 Soldiers Field Road

Boston, MA 02134
Paul La Camera

Vice President & General Manager

WCVB-TV Channel 5

5 TV Place

Needham, MA 02194
Stuart Tauber

Vice President & General Manager

WSBK TV 38

83 Leo Birmingham Pkwy.

Brighton, MA 02135
Michael Carson

General Manager

WHDH TV 7

7 Bulfinch Place

Boston, MA 02114
Kathy Saunders

Vice President & General Manager

WFXT Channel 25

25 Fox Drive

Dedham, MA 02027
John Vitanovec

Vice President & General Manager

WLVI TV 56

75 Morrissey Blvd

Boston, MA 02125
Henry Becton, Jr.

President & General Manager

WGBH TV

125 Western Avenue



Boston, MA 02134
Michael Walenta

General Manager

WGBX TV/c/o WGBH TV

125 Western Avenue

Boxton, MA 02134
Jasmine Heghinian

WMFP Channel 62

Suite 1402

89 Broad Street

Boston, MA 02110



Attachment 3

Page 3 of 3
Merril Buchhalter

Vice President & General Manager

WHSH TV 66

71 Parmenter Road

Hudson, MA 01749
Michael Nurse

Vice President & General Manager

WUNI Channel 27

33 4th Avenue

Needham, MA 02194
Donna Cole

General Manager

TV 50 Place

Derry, NH 03038


Lon Mirolli

General Manager

One Sundial Avenue

Suite 501

Manchester, NH 03103




CERTIFICATE OF SERVICE

I, Audrey A. Fortner, hereby certify that on this 28th day of February, 1997, copies of the foregoing RCN-BETG, LLC Notice of Intent to Establish an Open Video System was served via first class mail on the parties listed below:




William F. Caton*

Acting Secretary

Federal Communications Commission

1919 M Street, N.W., Room 222

Washington, DC 20554


Office of the Bureau Chief*

Cable Services Bureau

2033 M Street, N.W., Room 918

Washington, DC 20554


John Logan*

Acting Deputy Chief

Federal Communications Commission

2033 M Street, N.W., Room 920

Washington, DC 20554
Deborah Klein*

Federal Communications Commission

Cable Services Bureau

2033 M Street, N.W., Room 918

Washington, DC 20554
Alyssa Roberts*

Cable Services Bureau

Federal Communications Commission

2033 M Street, N.W., Room 700Q

Washington, DC 20554

James Olson, Chief*

Competition Division

Office of the General Counsel

Federal Communications Commission

1919 M Street, N.W., Room 650-L

Washington, DC 20554
Rosaria Salerno

City Clerk

City of Boston

Boston City Hall, Room 601

Boston, MA 02201
Merita Hopkins, Esq.

Corporation Counsel

Boston City Hall, Room 615

Boston, MA 02201


Charles J. Beard, Esq.

Foley, Hoag & Eliot LLP

One Post Office Square

Boston, Massachusetts 02109


Ms. Catherine Belbin

Town Clerk

Town of Acton

472 Main Street

Acton, MA 01720



Ms. Cindy L. Giles

Town Clerk

Town of Ashland

101 Main Street

Ashland, MA 01721
Ms. Doreen Tremblay

Town Clerk

Town of Bedford

10 Mudge Way

Bedford, MA 01730
Ms. Kathleen M. Harvey

Town Clerk

Town of Bellingham

4 Mechanic Street

Bellingham, MA 02019
Ms. Jane L. Chew

Town Clerk

Town of Burlington

29 Center Street

Burlington, MA 01803
Mr. Ralph D. Eames

Town Clerk

Town of Canton

801 Washington St.

Memorial Hall

Canton, MA 02021


Ms. Sarah W. Andreassen

Town Clerk

Town of Carlisle

22 Bedford Road

Carlisle, MA 01741

Ms. Margaret M. McGowan

Town Clerk

Town of Dedham

26 Bryant Street

Dedham, MA 02026


Ms. Judith Block

Town Clerk

Town of Dover

5 Springdale Ave.

Dover, MA 02030
Ms. Nancy L. Norris

Town Clerk

Town of Holliston

703 Washington Street

Holliston, MA 01746
Ms. Mary B. Nealon

Town Clerk

Town of Hopkinton

18 Main Street

Hopkinton, MA 01748
Ms. Nancy J. Zuelke

Town Clerk

Town of Lincoln

16 Lincoln Road

Lincoln, MA 01773
Ms. Judith C. Peterson

Town Clerk

Town of Maynard

195 Main Street

Maynard, MA 01754

Ms. Nancy J. Preston

Town Clerk

Town of Medfield

459 Main Street

Medfield, MA 02052




Ms. Mary Jane White

Town Clerk

Town of Medway

155 Village Street

Medway, MA 02053
Mr. George G. Ford

Town Clerk

Town of Millis

64 Exchange Street

Millis, MA 02054
Mr. James G. Mullen, Jr.

Town Clerk

Town of Milton

525 Canton Avenue

Milton, MA 02186
Ms. Alice S. Boschen

Town Clerk

Town of Norfolk

100 Main Street

Norfolk, MA 02056
Ms. Shirley S. Davenport

Town Clerk

Town of Sharon

90 South Main Street

Sharon, MA 02067
Ms. Lucy S. Almasian

Town Clerk

Town of Sherborn

19 Washington Street

Sherborn, MA 01770
Ms. Annamae Arsenault

Town Clerk

Town of Stoneham

35 Centeral Street

Stoneham, MA 02180
Ms. Kathleen D. Middleton

Acting, Town Clerk

Town of Sudbury

Concord Road

Sudbury, MA 01776
Mr. Ronald A. Fucile

Town Clerk

Town of Walpole

135 School Street

Walpole, MA 02081
Ms. Judith L. St. Croix

Town Clerk

Town of Wayland

41 Cochituate Road

Wayland, MA 01778-2697
Ms. Elizabeth Nolan

Town Clerk

Town of Weston

Town House Road

Weston, MA 02193
Ms. Edith P. McCraken

Town Clerk

Town of Westwood

580 High Street

Westwood, MA 02090
Ms. Carolyn Ward

Town Clerk

Town of Winchester

71 Mt. Vernon Street

Winchester, MA 01890
Ms. Naomi Foley

Town Clerk

Town of Woburn

10 Common Street

Woburn, MA 01801-4139


Ms. Catherine Stafford

Town Clerk

Town of Belmont

455 Concord Avenue

Belmont, MA 02178
Ms. Saran E. Gillies

Town Clerk

Town of Braintree

One J.F. Kennedy Memorial Dr.

Braintree, MA 02184
Ms. D. Margaret Drury

Town Clerk

Town of Cambridge

795 Massachusetts Ave.

Cambridge, MA 02139
Ms. Nancy R. Cronin

Town Clerk

Town of Concord

22 Monument Square

Concord, MA 01742
Mr. Robert M. Thornton

Town Clerk

Town of Norwood

566 Washington Street

Norwood, MA 02062
Mr. Joseph Shea

Town Clerk

Town of Quincy

1305 Hancock Street

Quincy, MA 02169
Ms. Joan M. Regan

Town Clerk

Town of Wellesley

525 Washington Street

Wellesley, MA 02181
Mr. Franklin Fryer

Town Clerk

Town of Weymouth

75 Middle Street

Weymouth, MA 02189
Mr. Donald R. Marquis

Town Manager

Town of Arlington

730 Massachusetts Ave.

Arlington, MA 02174
Mr. Richard J. Kelliher

Town Administrator

Town of Brookline

333 Washington Street

Brookline, MA 02146
Mr. Guy Santagate

City Manager

Town of Chelsea

500 Broadway

Chelsea, MA 02150
Mr. Russell Marcoux

Town Manager

Town of Framingham

150 Concord Street

Framingham, MA 01702
Mr. Richard J. White

Town Manager

Town of Lexington

1625 Massachusetts Avenue

Lexington, MA 02173
Mr. Frederick C. Conley

Town Administrator

Town of Natick

13 East Central Street

Natick, MA 01760


Mr. Carl F. Valente

Town Administrator

Town of Needham

1471 Highland Avenue

Needham, MA 02192
The Honorable Thomas B. Concannon

Mayor


City of Newton

1000 Commonwealth Avenue

Newton, MA 02159
The Honorable Michael E. Capuano

Mayor


City of Somerville

93 Highland Avenue

Somerville, MA 02143
Mr. Michael J. Driscoll

Town Manager

Town of Watertown

149 Main Street

Watertown, MA 02172
Mary Cottrell, Secretary

Dept. of Public Utilities

Leverett Saltonstall Bldg.

Government Center

100 Cambridge St., 12th Floor

Boston, MA 02202


The Honorable William F. Stanley

Mayor


City of Waltham

610 Main Street

Waltham, MA 02154

______________________________

* Hand-delivery Audrey A. Fortner                              


182222.3_








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