*Pages 1--12 from D:\Pdf2Text\Ready4Text_in\pdf\21784.pdf* II ~'i,; c i C 11 I i I : ",,\ CArl~ 1~" t \j" u~:& J PUBLIC N aTI E FEDERAL COMMUNICATIONS COMMISSION 44512thSTREET, S. W. WASHINGTON, D. C. 20554 DA 02- 2479 News media infonT1~ tion 202/ 418- 0500 Fax- an- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov MEDIA BUREAU A ON October 3, 2002 PEMBROKE ADVANCED COMMUNICAllONS, C. FILES NOTICE OF INTENT Pursuant to 47 C. F. R. § 76.1503( b)( 1), Pembroke Adv ced Communications, Inc. (" Pembroke") filed a Notice of Intent to Establish an Open Video System in the City of Pembroke, Georgia and Bryan County, Georgia. Attached to this Public Notice is a copy of ti11e Notice of Intent filed by Pembroke. Pembroke's application is available via the Internet: h :// .fcc. ov/ mb/ ovs/ csovscer. html. Media Contact: Michelle Russo at (202) 418- 7200. Media Bureau Contact: Sonia Greenaway- Mickle or Steve G er at (202) 418- 7200. TrY: (202) 418- 7172. -- FCC- - ~ "' I I I 1 ,. ., , " c j OPEN VIDEO SYST M NOTI E OF INTENT I ATTEN ION: MEDIA BREAU 4', i ii ': Ii i I J i I 2 ' I i ]; ~ [; r I i \' ED &\ NSPEC1ED Before the RECE( v FEDERAL COMMUNICATIONS COMMISSION Washington, DC 0554 SEP 6 - 2002 In the Matter of ) FCC - MA'LROOM ) Pembroke Advanced Communications, Inc. ) File No. ) Notice of Intent to Establish ) An Open Video System .) NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM Pembroke Advanced Communications, Inc. ~Pembroke), pursuant to Section I 76.1503( b)( 1) of the Commission's Rules, hereby s1bmits its Notice of Intent to establish an Open Video System (OVS). As required by sec on 76.1503( b)( 1), Pembroke respectfully submits the following information: ! 1. OVS Operator. The name, address and elephone number of the OVS Operator is Pembroke Advanced Communications, c., 185 East Bacon Street, Pembroke, Georgia, 31321. The contact person is es Reeves, Operations Manager. James Reeves can be reached by mail at the above treet address, by telephone at (912) 653- 4389, and by facsimile at (912) 653- 2929. I 2. Projected Service Area. Pembroke's pr ~ected additional OVS service area encompasses the City of Pembroke, Georgia and B an County, Georgia. Pembroke currently does not provide OVS service. Pembrok is likely to request additional certification from the Federal Communications Co ission during the next several years to expand its OVS service area. J j ] 3 I 3. Projected Channel Canaciu. Pembrok is providing OVS service over telephone lines via the Minerva platform. This is e entially a switched digital service, wherein the programming services are situated in a erver and each customer can select up to three programming services at any given mo ent. Pembroke anticipates that it will have available as many as 80 channel input ports.! 4. Carriage Annlications and InQuiries. otential video programming providers interested in carriage on Pembroke's open video system may obtain additional information about the system by completing the att hed OVS Information Request Form (Attachment 1) and mailing it to James Reeves at P broke Advanced Communications, Inc., 185 East Bacon Street, Pembroke, Georgia 31 21. If a potential video program provider has questions concerning the completion 0 this form, James Reeves can be reached by telephone at (912) 653- 4389. Pursuant to Section 76. 1503( b)( 2) of the Co ission's Rules, Pembroke will provide a potential video programming provider wi additional information regarding the OVS system within five (5) business days after embroke's receipt by mail of a completed OVS Information Request Form. The p ential video programming provider will be furnished at that time with additional inform tion regarding carriage on Pembroke's OVS system. This information will inc ude application forms that must be completed, technical information, equipment requir ents, rate estimates, application i fees and reservation deposits, and qualification requ ements. ! I I 4 I 5. Initial Enrollment Period. The initial ollment period for video I programming providers seeking carriage on Pembf e's OVS system will commence on the date the FCC issues a Public Notice of the filing of this Notice of Intent and end ninety days thereafter. 6. Allocation of Cavacin. Pembroke does not expect to experience any capacity constraints on its OVS system. If the aggregate cap city needs of (a) local commercial and non- commercial television stations carried pUTS ant to Section 76.1506 of the Commission's Rules, (b) public, educational and go ernmental (PEG) access channels furnished pursuant to Section 76.1505 of the Comm ssion's Rules, (c) Pembroke and its affiliates, and (d) unaffiliated video programming p oviders exceed the actual capacity of Pembroke's OVS system, then Pembroke and its a liates will not select the video programming services for carriage on more than on -third of the activated channel capacity of the OVS system. If aggregate capacity *eeds exceed actual OVS system : capacity, unaffiliated video programming providers lwill be offered portions of the residual capacity (after local television stations, PE~ access channels and Pembroke's I one- third share are accommodated) on the followin$ basis: each unaffiliated video programming provider will be offered an equal pro ortionate amount of its requested capacity . II I ! ! i 5 7. Notification Requirements. Pembroke as complied with all relevant notification requirements under Section 76.1506 of e Commission's open video system regulations concerning must- carry and retransmissi n consent. A list of all local commercial and non- commercial television stations served is included as Attachment 2. Also included is a Certificate of Service showing th t the present Notice of Intent has i been served on all local cable franchising authoriti entitled to establish requirements concerning the designation of channels for public, ucational and governmental use. Respectfully s bmitted, PEMBRO ADVANCED COMMUNICATIONS, INC. J Operations M4nager Pembroke Advanced Communications, Inc. 185 East Bacop Street Pembroke, G ~' rgia 31321 Phone:( 912) 53- 4389 Fax: (912) 65 -2929 Dated: September 5, 2002 ~ I i I 6 Attachment 1 PEMBROKE ADVANCED COMMUNICATIONS, INC. OPEN VIDEO SYSTEM INFORMA1ION REQUEST FORM 1 SECTION I: Identification of Potential Video Programming Provider Name of Entity: I ! Address of Entity: Name of Contact Person: Telephone No.: Facsimile No.: SECTION II: Carriage Information Total amount of capacity requested: I c els 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 Pembroke open video system, and that it has no formal or informal affiliation (as defined by Section 76. 1500( g) of the FCC Rules) or agreement with any other VPP requesting capacity or with any cable operator providing cable television services within Pembroke's open video system servite area, and that the capacity requested will be used only for the commercial operation of a video program distribution service. The VPP and its affiliates, employees and agents agree not to disclose to any other party the information provided by Pembroke in response to this request, except for information tIilat was previously in the public domain and except as provided in Section 76.1513( j) of the FCC Rules, and that they will not use the information for any purpose whatsoever other than making an informed decision as too whether to enroll in Pembroke's open video system and the subsequent activation of such enrolj1ment, if any. I I , Signature' I i Printed Name and Title I Date i Please mail to: Iii James Reeves Pembroke Advanced Communications, Inc. 185 East Bacon Street Pembroke, Georgia 31321 Iii I 7 1 CER TIFI CA TI ON I, James Reeves, hereby certify that on or before thif 5th day of September, 2002, I caused must- carry- retransmission consent election otification by US mail to all commercial and noncommercial television stations perating within Pembroke Advanced Communications, Inc. open video system service ar a, as indicated by the attached service list. J es ~eeves Operations Manager Pembrcj> ke Advanced Communications, Inc. 1 185 E t Bacon Street Pembr ke, Georgia 31321 , f I I I ' 8 Letter to Local TV Station Dear (TV Station Manager): Please allow this letter to serve as notice that PembrQke Advanced Communications, Inc. (Pembroke) will be operating an open video system in the Pembroke service area. The new system is scheduled to begin operations this yealr. It is our intention to carry your station. ~ Federal Communications Commission regulations ( 76.1506) require that we provide this notice and that you, in turn, notify us of your station s request for carriage and channel position. All video programming providers on pem1'rOke, s open video system will be notified of your decision. We ask that you notify us in writing within thirty (3 ) days of this letter of your election of must carry status or of your intent to enter into a transmission consent agreement. Please make all notifications to: James Reeves Operations Manager Pembroke Advanced Comm .cations, Inc. 185 East Bacon Street Pembroke, Georgia 31321 Sincerely, t .f1.. l11! i i ! , , J ~es Reeves II Ii Operations Manager i i :I Pembroke Advanced Communications, Inc. . I 9 - -- Attachment 2 NAMES AND ADDRESSE OF LOCAL COMMERCIAL AND NON- COMMERCIAL TELEVISION STATIONS SERVED I i WV AN Public Broadcasting Station! 86 Vandiver Street Pembroke, Georgia 31321 WSAV- TVNBC 3 1430 East Victory Drive Savannah, Georgia 31404 WJCL - TV ABC 22 10001 Abercom Street Savannah, Georgia 31406 WTGS - FOX 28 10001 Abercom Street Savannah, Georgia 31406 WTOC- CBS P. O. Box 8086 Savannah, Georgia 31412 WGSA - UPN TV 34 East Jekyll Road Baxley, Georgia 31513 , I , I 10 I 'I Local Government Letter Dear City Administrator: Please allow this letter to serve as notice that Pembr ke Advanced Communications, Inc. has filed with the FCC for an Open Video System C rtification. It is our intent to directly compete with the local incumbent video provider. Pursuant to FCC regulations (§ 76.1506) we also inte, d to make available to the City the use of capacity of public, educational, and governmebtal programming, should the City desire. Please provide written notice 30 days in advance of e City's intended use of the public, educational and governmental channel capacity. PIe e make all notifications to: : James Reeves i Operations Manager I Pembroke Advanced Comm ations, Inc. 185 East Bacon Street Pembroke, Georgia 31321 Sincerely, I [.. If I, , " James Reeves ii , Operations Manager Pembroke Advanced Communications, Inc. , I ' I ' ! , I i I ! ! I 11 --- - 1-- i--- l~ -CERTIFICATE OF SERVICE I, James Reeves, an employee with Pembro~ e Advanced Communications, Inc., hereby certify that I mailed on this Sth day of sept ! ber, 2002, the foregoing NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO YSTEM by first class U. S. mail, postage prepaid, to the following city and town cler s of the local cable franchising authorities within Pembroke Advanced Communic ions, Inc. 's certified open video system area: Betty Hill, City Clerk City of Pembroke P. O. Box 130 160 North Main Street Pembroke, Georgia 31321 Donna Waters, Clerk Bryan County P. O. Box 430 116 Lanier Street Pembroke, Georgia 31321 j \ I 12