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:
Bellingham MA0221, MA0183
Brookline MA0219, MA0155
Lincoln MA0324, MA0301
Quincy MA0216, MA0066
Stoneham MA0042, MA0101
CommunityCUID No(s). Waltham MA0261
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:
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.)
Andrew D. Lipman
Jean L. Kiddoo
Kathy L. Cooper
SWIDLER & BERLIN, CHARTERED
3000 K Street, N.W.
Washington, D.C. 20007
Dated: February 28, 1997
OPEN VIDEO SYSTEM
INFORMATION REQUEST FORM
Section I: Video Programming Provider Information
Name of Company: ___________________________________
Name of Contact: ___________________________________
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.
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.
Ratio of Rmng Chnl Avlble to Rmng Chnl Requested
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.
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.
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: