*Pages 1--10 from Microsoft Word - 53087.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA 05- 2959 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: November 15, 2005 MEDIA BUREAU ACTION OPTICAL TELECOMMUNICATIONS, INC. FILES NOTICE OF INTENT Pursuant to 47 C. F. R. § 76. 1503( b)( 1), Optical Telecommunications, Inc. (“ Optical”) filed a Notice of Intent to Establish an Open Video System in the community of East Lake Village in St. Lucie County, Florida. Attached to this Public Notice is a copy of the Notice of Intent filed by Optical. In addition, Optical’s certification application to operate an Open Video System is available via the Internet: http:// www. fcc. gov/ mb/ ovs/ csovscer. html. Media Contact: Rebecca Fisher at (202) 418- 2359. Media Bureau Contact: Sonia Greenaway- Mickle or Steve Garner (202) 418- 7200. TTY: (202) 418- 7172. -- FCC-- 1 2 OPEN VIDEO SYSTEM NOTICE OF INTENT ATTENTION: MEDIA BUREAU 2 4 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Optical Telecommunications, Inc. ) File No. _______ ) Notice of Intent to Establish ) An Open Video System ) NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM Optical Telecommunications, Inc. (“ OTI”), pursuant to Section 76.1503( b)( 1) of the Commission's Rules, hereby submits its Notice of Intent to establish an Open Video System (“ OVS”). As required by section 76.1503( b)( 1), OTI respectfully submits the following information: 1. OVS Operator. The name, address and telephone number of the OVS Operator is Optical Telecommunications, Inc., 5000 SW 75 th Avenue, Suite 103, Miami, Fl 33155. The contact person is Mario M. Bustamante, Chief Executive Officer. Mr. Bustamante may be reached by mail at the above address, by telephone at (786) 787- 7777, and by facsimile at (786) 888- 7778. 2. Projected Service Area. OTI’s projected OVS service area encompasses the community known as “East Lake Village” located in the City of Port St. Lucie, St. Lucie County, Florida. OTI is likely to request additional certification during the next several years to expand its OVS service area. 4 5 3. Projected Channel Capacity. OTI is providing OVS service over Fiber Optic cable. OTI’s OVS will have 56 digital channel input ports and 79 analog channel inputs. 4. Carriage Applications and Inquiries. Potential video programming providers (VPPs) interested in carriage on OTI’s open video system may obtain additional information about the system by completing the attached OVS Information Request Form (Attachment 1) and mailing it to Mario M. Bustamante, Optical Telecommunications, Inc., 5000 SW 75 th Avenue, Suite 103, Miami, Fl 33155. If a VPP has questions concerning the completion of this form, Mr. Bustamante may be reached by telephone at (786) 787- 7777 or by facsimile at (786) 888- 7778. Pursuant to Section 76.1503( b)( 2) of the Commission’s Rules, OTI will provide a VPP with additional information regarding the OVS system within five (5) business days after OTI’s receipt by mail of a completed OVS Information Request Form. The additional information will include the projected activation date of the OVS, a preliminary carriage rate estimate, equipment requirements and other technical information, and VPP qualification requirements, as well as preliminary enrollment forms, application forms, and information concerning application fees and channel reservation deposits. If a VPP decides to seek carriage on OTI’s open video system after receipt of the additional information, the VPP must timely submit the required forms, a non- refundable application fee, and a channel reservation deposit by the end of the enrollment period. 5. Initial Enrollment Period. The initial enrollment period for video programming providers seeking carriage on OTI’s OVS system will commence November 2, 2005, and will end on February 2, 2006 or 90 days after the date upon which the FCC issues a Public Notice of the filing of this Notice of Intent, whichever is later. To ensure orderly processing of requests 5 6 and allocation of channels, interested VPPs must submit preliminary enrollment requests on or before January 3, 2005. 6. Allocation of Capacity. Initially, one- third (1/ 3) of total channel capacity shall be reserved to OTI and/ or its affiliates. OTI anticipates that approximately 3 channels will be used for public, educational and/ or governmental (“ PEG”) programming pursuant to Section 76.1506 of the Commission’s Rules, and that 11 channels will be required to serve approximately 11 “Must- Carry” stations entitled to demand carriage pursuant to 47 C. F. R. §76.56 and § 76.1506 of the Commission’s rules. The total number of channels reserved for OTI and/ or its affiliates, PEG programming and Must- Carry stations shall be the “Reserved Capacity.” The number of channels available on OTI’s OVS beyond the Reserved Capacity (the “Remaining Capacity”) will be made available to interested, qualified VPPs, provided, however, that no VPP will be entitled to channel capacity greater than that reserved to OTI and/ or its affiliates; and further provided that no VPP will be entitled to request less than one full channel. If the aggregate of the Reserved Capacity and the number of channels timely requested by qualified VPPs exceeds the actual capacity of OTI’s OVS system, then the Remaining Capacity shall be allocated among qualified VPPs according to the following formula: Requested Capacity (per VPP) ______________________________ x Remaining Capacity Total Requested Capacity (all VPPs) 6 7 7. Notification Requirements. OTI has complied with the notification requirements under Section 76.1502( d)( 1) of the Commission’s regulations. OTI has also complied with the notification requirements under Section 76.1506 of the Commission’s open video system regulations concerning must- carry and retransmission consent. Attachment 2 is OTI’s notification letter and Attachment 3 is OTI’s Certificate of Service upon all commercial and noncommercial television stations in the relevant DMA. Respectfully submitted, this 2nd day of November, 2005. Optical Telecommunications, Inc. By______________________________ Mario M. Bustamante Chief Executive Officer Optical Telecommunications, Inc. 5000 S. W. 75 th Avenue, Suite 103 Miami, FL 33155 Phone: (786) 787- 7777 Fax: (786) 888- 7778 7 8 Attachment 1 Optical Telecommunications, Inc. OPEN VIDEO SYSTEM INFORMATION REQUEST FORM Identification of Potential Video Programming Provider Name of Entity: _______________________________________________ Address of Entity: _______________________________________________ _______________________________________________ Contact Person: _______________________________________________ Telephone No.: _______________________________________________ Facsimile No.: _______________________________________________ Carriage Information Total amount of capacity requested: __________ channels 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 OTI open video system, and that it has no formal or informal affiliation (as defined in 47 C. F. R. Sections 76. 1500( g), 76. 1500( h) and Notes 1- 5 accompanying Section 76. 501) or agreement with any other VPP requesting capacity or with any cable operator providing cable television services within OTI’s open video system service 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 OTI in response to this request, except for information that was previously in the public domain and except as required in proceedings pursuant to 47 C. F. R. Section 76. 1513, and that they will not use the information for any purpose whatsoever other than making an informed decision as too whether to enroll in OTI’s open video system and the subsequent activation of such enrollment, if any. ___________________________________ _____________________________ Signature Printed Name and Title Date_______________________________ Please mail to: Mario M. Bustamante Optical Telecommunications, Inc. 5000 S. W. 75 th Avenue, Suite 103 Miami, FL 33155 8 9 Attachment 2 To whom it may concern: Please be advised that Optical Telecommunications, Inc. (“ OTI”) intends to begin operating an Open Video System (“ OVS”) in the communities known as East Lake Village located in Port St. Lucie, St. Lucie County, Florida. Service activation is expected to occur on or about February 3, 2006. Your station is entitled to carriage on the OVS, provided that it delivers a good quality signal to the principal head end location in East Lake Village in St. Lucie County, and further provided that carriage of content you provide will not subject OTI to copyright liability. If your station is a commercial broadcast station, you may, pursuant to 47 C. F. R. § 76.1506, elect mandatory carriage of your signal. If you elect mandatory carriage, OTI will cause your signal to be delivered to all subscribers of any Video Programming Provider (“ VPP”) that utilizes the OVS. Alternatively, you may negotiate consent for retransmission of your signal. If you elect retransmission, you may negotiate with one or more VPPs delivering programming over the OVS for inclusion in their programming package. Please notify us by certified mail within five business days or no later than November 15, 2005 of your election. We will notify all VPPs of your election. Please keep in mind that, under applicable FCC regulations, your election must be the same as any election you make or have made with respect to the cable system operators that serve or have franchise rights to serve the same area( s). You must also provide us with notification of black- out requirements related to sports broadcasts, network non- duplication, and syndicated exclusively. OTI will make these notifications available to all VPPs and will cause signals to be deleted or blocked in accordance with your notification and with FCC regulations. Additionally, if you have negotiated to have your signal retransmitted as part of one or more VPP’s programming packages, you should also notify those VPPs directly. Please send your written election, as well as any notifications or other correspondence to my attention at the address below. Sincerely, Mario M. Bustamante, CEO, Optical Telecommunications, Inc 9 10 Attachment 3 CERTIFICATE OF SERVICE I, Mario M. Bustamante, an employee with Optical Telecommunications, Inc., hereby certify that on this 2nd day of November, 2005, I served the foregoing notification, and by first class U. S. mail, postage prepaid, to the following television stations within Optical Telecommunications, Inc. ’s open video system area: WXEL (PBS Channel 42) WFLX (Fox Channel 29) 3401 S. Congress Ave. 4119 West Blue Heron Blvd. Boynton Beach, FL 33426 West Palm Beach, FL 33404 WPBF (ABC Channel 25) WPEC (CBS Channel 12) 3970 RCA Blvd. 3333 South Congress Ave. West Palm Beach, FL 33410 Delray Beach, FL 33445 WPTV (NBC Channel 5) WTCE (TBN Channel 21) 1100 Banyan Blvd. c/ o WJEB- 59 West Palm Beach, FL 33401 3101 Emerson Expy. Jacksonville, FL 32207 WTVX (UPN/ WB) 3970 RCA Blvd. # 7007 WFGC (Independent Channel 61) Palm Beach Gardens, FL 33410 1900 South Congress Ave. West Palm Beach, FL 33406 WPXP (Pax Channel 67) 500 South Australian Ave. WHDT (Independent Channel 59) West Palm Beach, FL 33401 1601 Forum Place West Palm Beach, FL 33401 WPPB (Independent Channel 63) c/ o Broward Education Communications Network 6600 SW Nova Dr. Ft. Lauderdale, FL 33317 __________________________ Mario M. Bustamante 10