*Pages 1--13 from D:\Pdf2Text\Ready4Text_in\pdf\5491.pdf* . Open Video System Notice of Intent Attention: Cable Services Bureau 1 Before the Federal Communications Commission Washington D. C. 20554 In the Matter of ) File No. TESS Communications of Colorado, Inc. ) Notice of Intent to Establish an Open Video System ) Notice Of Intent To Establish An Open Video System TESS Communications of Colorado, inc., (L‘ TESS”), pursuant to Section 651 of the Telecommunications Act as amended in 1996 and Section 76.1503( b)( l) of Title 47 C. F. R., hereby submits its Notice of Intent (“ NOI”) to establish an Open Video System (“ OVS”) in the State of Colorado. As required by 47 CFR 76.1503( b)( l), TESS respectfully submits the following information: 1. The OVS Operator is TESS Communications of Colorado, Inc.. The contact person for the Operator is: Klayton F. Fennell Director of Regulatory Affairs 12050 North Pecos Avenue, Suite 300 Westminster, Colorado 80234 Phone: 303.254.9000 ext. 103 eFax: 509- 277- 9550 fennell @ tesscom. com 2 TESS COMMUNICATIONS OF COLORADO, INC. NOTICE OF INTENT - OVS 4 December 2000. PAGE 2 2. Channel Capacity: TESS’ Open Video System projected service area includes the following Colorado communities: Fort Collins Commerce City Thornton Northglenn Loveland Aurora Douglas County, including Castle Rock Longmont Arvada TESS is currently communicating with each of these communities in an effort to secure an OVS franchise in each of their respective communities. 3. The Open Video System will initially have a maximum of 76 analog channels and 200MHz of digital capacity. Subject to demand from prospective Video Programming Providers (“ VPPs”), TESS will evaluate and may implement an alternative technology including, but not limited to, a switched digital open video system. 4. Carriage Applications: VPPs interested in carriage on TESS’ Open Video System may obtain additional information about the system by completing the OVS Information Request Form /Attachment 1) and submitting it to: Paul Barth Senior Network Engineer TESS Communications, Inc. 12050 N. Pecos Westminster, CO 80234 (303) 254- 9000, ext. 124 (303) 254- 9500, Fax Pursuant to 47 C. F. R. 76.1503( b)( 2), within five (5) business days after the receipt of a completed OVS Information Request Form, TESS will provide the prospective VPP with additional information regarding the Open Video System to enable 3 TESS COMMUNICATIONS OF COLORADO, INC. NOTICE OF INTENT - OVS 4 December 2000, PAGE 3 the prospective VPP to make an enrollment decision. With this information, the prospective VPP will also be provided with additional forms and instructions necessary for carriage on TESS’ Open Video System. If a prospective VPP decides to seek carriage on TESS’ Open Video System after receipt of the additional information, the prospective 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. TESS has no affiliated video programming providers. Therefore, TESS’ OVS is by default open to unaffiliated VPPs. The Commission should be aware that the Head End that will provide OVS services to the Colorado communities detailed in Para. 2 currently provides multichannel video programming services to Mead, Colorado’ and will provide multichannel video programming services to Brighton, Colorado on December 1, 2000.2 Since TESS has no affiliated interest in any of the VPPs currently providing programming services via this Head End, TESS asserts that the System is already open to unaffiliated VPPs. TESS’ allocation process for additional VPPs requesting space is delineated in Attachment 2. 6. Enrollment Period: The enrollment period for additional VPPs seeking carriage on TESS’ Open Video System will commence on November 8, 2000 and will conclude on February 15, 2001. In order to allow for contract finalization, ensure channel allocation and allow timely system allocation to occur, prospective VPPs must submit their preliminary enrollment requests no later than January 15, 2001. Allocation ’ On August 31, 2000 TESS Communications, Inc. acquired Mead Entertainment and Information Cable, Inc’s (“ MEI’s”) assets used or held for use in its CATV business as conducted within the Mead, Colorado franchise area. * The Brighton City Ordinance approving TESS Communications of Colorado, Inc’s Multichannel Video Programming Distribution System Franchise Agreement will be presented for its second and final reading on Nov. 7, 2000. The Ordinance was approved unanimously on its first reading on October 3, 2000. 4 TESS COMMUNICATIONS OF COLORADO, INC. NOTICE OF INTENT - OVS 4 December 2000, PAGE 4 of capacity in the event demand exceeds system capacity will proceed as described in Attachment 2. 7. Attached is a certification that TESS has complied with all the relevant notification requirements under 47 CFR 76.1506, the Commission’s OVS regulations concerning Carriage of television Broadcast signals. Moreover, TESS certifies that its OVS also is compliant with 47 CFR 76.1506 (2)( e), the rules regarding must- carry and retransmission consent. A list of all the local commercial and non- commercial television stations served with a letter of notification from TESS is appended hereto in Attachment 3. A representative copy of the letter of notification sent to each of the local commercial and non- commercial television stations served is also attached in Attachment 4. Respectfully Submitted, TESS Communications of Colorado, Inc. Director of Regulatory Affairs TESS Communications, Inc. 5 TESS - OVS NOI 4 December, 2000 Attachment 1 - Page1 Attachment 1 TESS COMMUNICATIONS OF COLORADO, INC. OPEN VIDEO SYSTEM INFORMATION REQUEST FORM Section 1: Video Programming Provider Information Name of Company: Name of Contact: Address: Telephone: Facsimile: Section 2: Carriage Information Total amount of capacity requested: MHz Section 3: 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 TESS Open Video System, and that it has no formal or informal affiliation (as defined by C. F. R. 76.1500( g) of the Commission’s Rules) or agreement with any VPP requesting capacity or with any cable operator providing cable television services within TESS’ 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 TESS 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 Commission’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 TESS Open Video System and the subsequent activation of such enrollment, if any. Signature Name Title Date 6 TESS - OVS NOI 4 December 2000 Attachment 2 - Page 1 Attachment 2 TESS COMMUNICATIONS OF COLORADO, INC. OPEN VIDEO SYSTEM CHANNEL ALLOCATION PROCESS Analoq Following is the analog channel line- up that TESS Communications of Colorado, Inc., will offer its consumers. The total number of allocated analog channels is 76 of which four channels are classified as retransmission (# 2,4,7,& 9). The remaining 72 channels include unaffiliated VPPs, Must Carry channels, PEG channels or blank channels for technical filtering req, uirements. As TESS has no affiliated interest in any video- programming provider, all channels of the System are already open. 1 , 64 Travel Channel 65 Do It Yourself 66 Fox Family Channel 67 Disney Channel 68 Toon Disney 69 Nickelodeon 70 Cartoon Network 71 TV Land 72 Odyssey 73 Home & Garden TV 74 Food Network 75 Home Shopping 98 Spot for PEG I 39 ICNN HN (Headlines News) 99 ISpot for PEG 7 TESS - OVS NOI 4 December 2000 Attachment 2 - Page 2 Diqital Following is the digital program line- up that TESS Communications of Colorado, Inc. will offer its consumers. The total capacity utilized to carry these unaffiliated VPPs is 36Mhz. Since the Open Video System requirement of 2/ 3 capacity would equal 134MHz (200MHz total digital capacity * 2/ 3), the remaining capacity left for allocation to other unaffiliated VPPs would be 98MHz (134MHz - 36MHz). The allocation process for the remaining 98MHz is described below. 253 GoodLife TV 254 Inspirational Life 255 Trinity Broadcasting 290 Bloomberg 291 TWC - Weatherscan 301 Fox Sports World 302 ESPN News 303 ESPN Classics 304 CNNsi 305 Outdoor Life Network 306 Outdoor Channel 307 IThe Golf Channel 8 TESS - OVS NOI 4 December 2000 Attachment 2 - Page 3 Initial capacity requests must be submitted by January 15, 2001. At that time, the total number of MHz requested from all additional unaffiliated VPPs will be calculated. If sufficient capacity exists to fill all requests, each VPP will be allocated capacity equal to its request. If the sum of all capacity requested exceeds available capacity, each VPP requesting fewer than 1 MHz will receive its requested capacity; VPPs requesting more than 1 MHz will receive at least 1 MHz, total capacity permitting. The remaining MHz will be allocated to each VPP requesting more than 1 MHz on a pro rata basis, based on the ratio of the remaining number of MHZ requested by all VPPs. The following is an illustration of the allocation process based on the availability of 98MHz and a request of 150MHz from multiple VPPs. VPP L A B C E D E F Total 150 6 144 MHz Minimum Requested Allocation Remaining MHz Requested 42 1 41 54 1 53 Ratio of Remaining MHz Available to Remaining MHz Reauested 0.6388 0.6388 0.6388 0.6388 0.6388 Number of MHz Allocated 1 4 8 23 27 35 98 Because VPPs B through F all requested more than 1 MHz, each VPP is allotted 1 MHz as the minimum allocation. The remaining number of MHz available to be divided among the VPs is 92 (98 MHZ minus 6 MHZ). The number of available MHz to be allocated on a pro rata basis (92) is divided by the remaining number of MHz requested (144), which equals 0.6388. This factor is used to calculate the distribution of the remaining 92 MHz to VPPs B through F. The remaining MHz requested by VPPs B through F are multiplied by the pro rata factor (0.6388) to determine the number of MHz the VPs will be allocated in addition to the 1 MHz minimum. TESS will mail notification to each VPP to confirm the capacity allocation by January 29, 2001. Any VPP that is allocated less capacity than it initially requested may withdraw its capacity request by notifying TESS by mail. Cancellations must be received by 5: OOpm Mountain Standard Time on February 9, 2001, Capacity made available through the withdrawal of one or more VPPs will be reallocated on a pro rata basis to the remaining VPs who did not receive their full request. On February 15, 2001, TESS will mail a notification to each remaining VPP to confirm the final capacity allocation. 9 TESS - OVS NOI 4 December 2000 Attachment 3 - Page 1 Attachment 3 Service List Commercial and Non- Commercial Television Stations USA 500 Speer Blvd. Denver, CO 80203 KRMT 12014 W. 64’h Ave. Arvada, CO 80004 KDVR 100E. Speer Blvd. Denver, CO 80203 KDEN 1601 S. Pearl St Denver, CO 80210 KCEC 777 Grant St !jth Floor Denver, CO 80203 KBDI 2900 Welton St 1” Floor Denver, CO 80205 KTVD 11203 E. Peakview Ave Englewood, CO 80111 KWGN 61060 S. Wabash Way Englewood, CO 80111 TV Guide WGN 4100 E. Dry Creek Rd Littleton, CO 80122 KTVJ 2100 Downing Denver, CO 80202 KWHD 12999 E. Jamison Cr Englewood, CO 80111 KREG 345 Hillcrest Manor Grand Junction, CO 80501 KCNC 1044 Lincoln St. Denver, CO 80203 KMGH 123 Speer Blvd. Denver, CO 80203 KMAS 2701 Alcott, Suite 391 Denver, CO 80211 KSZG 303 AABC, Suite H Aspen, CO 81611 KPXC 3001 S. Jamaica Ct suite 200 Denver, CO 80014 KRMA 1089 Bannock St Denver, CO 80204 10 FCC- NOI- OVS TESS COMMUNICATIONS, INC. Page 1 of 3 CERTIFICATE OF SERVICE I, Kristi Ashton, herby certify that a completed and signed Notice of Intent for Open Video System of TESS Communications of Colorado, Inc. was sent on December 4, 2000 via overnight delivery, via Federal Express, prepaid, to the parties listed below: Office of the Secretary Office of the Bureau Chief Federal Communications Commission Cable Services Bureau 445 12’h Street, SW., Room TWB204 445 12’h Street, S. W., Room 3- C830 Washington D. C. 20554 Washington D. C. 20554 I further certify that copies of the foregoing Notice of Intent for Open Video System of TESS Communications of Colorado, Inc. was sent on December 5, 2000 via overnight delivery, via Federal Express, prepaid, to the parties listed below: Darin A. Atterberry Asst. Manager- City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Greg Caton Mgmt. Assistant- Commerce City 5291 E 60th Ave. Commerce City, CO 80037 John Duval Attorney- City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Robert Gehler Attorney- Commerce City P. O. Box 40 Commerce City, CO 80037 Gary Gordier Information Technology P. O. Box 580 Fort Collins, CO 80522 Adele L. Reester Asst. City Attorney 500 East Third Street Loveland, CO 80537 Charles Long Administrative Services Director 9500 Civic Center Drive Thornton, CO 80229 Gary G. Jacobson Asst. City Attorney 9500 Civic Center Drive Thornton, CO 80229 11 FCC- NOI- OVS TESS COMMUNICATIONS, INC. Page 2 of 3 Kendra Carberry Hayes, Phillips, & Maloney, P. C. 1350 1 7fh Street, Ste. 450 Denver, CO. 80202- l 576 Claybourne Douglas Attorney- City of Longmont 350 Kimball Street Longmont, CO 80501 Christopher Daley Attorney- City of Arvada 8101 Ralston road Arvada 80001 Gary Copp Office of the County Administrator Douglas County 100 Third Street Castle Rock, CO 80104 Kenneth S. Fellman Kissinger & Fellman, P. C. Ptarmigan Place, Suite 900 3773 Cherry Creek North Drive Denver, CO 80209 KUSA 500 Speer Blvd. Denver, CO 80203 KRMT 12014 W. 64’h Ave. Arvada, CO 80004 KDEN 1601 S. Pearl St Denver, CO 80210 KCEC 777 Grant St. 5’h Floor Denver, CO 80203 KBDI 2900 Welton St. 1” Floor Denver, CO 80205 KTVD 11203 E. Peakview Ave Englewood, CO 80111 KWGN 61060 S. Wabash Way Englewood, CO 80111 TV Guide WGN 4100 E. Dry Creek Rd Littleton, CO 80122 KTVJ 2100 Downing Denver, CO 80202 KWHD 12999 E. Jamison Cr Englewood, CO 80111 KREG 345 Hillcrest Manor Grand Junction, CO 80501 KDVR 100 E. Speer Blvd. Denver, CO 80203 12 FCC- NOI- OVS TESS COMMUNICATIONS, INC. Page 3 of 3 KCNC 1044 Lincoln St. Denver, CO 80203 KMGH 123 Speer Blvd. Denver, CO 80203 KMAS 2701 Alcott, Suite 391 Denver, CO 80211 KSZG 303 AABC, Suite H Aspen, CO 81611 KPXC 3001 S. Jamaica Ct. Suite 200 Denver, CO 80014 KRMA 1089 Bannock St Denver, CO 80204 Kristi Ashon 13