*Pages 1--25 from Microsoft Word - 57644.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA 06- 1139 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov MEDIA BUREAU ACTION June 12, 2006 EASYTEL COMMUNICATIONS CARRIER CORPORATION FILES NOTICE OF INTENT Pursuant to 47 C. F. R. § 76.1503( b)( 1), EasyTEL Communications Carrier Corporation (“ EasyTEL”) filed Notices of Intent to Establish an Open Video System in the Cities of Broken Arrow and Bixby, Oklahoma. Attached to this Public Notice are copies of the Notices of Intent filed by EasyTEL. In addition, EasyTEL’s certification applications to operate Open Video Systems are 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 OPEN VIDEO SYSTEM NOTICE OF INTENT ATTENTION: MEDIA BUREAU 2 Jean L. Kiddoo Danielle C. Burt Direct Phone: (202) 373- 6039 Direct Fax: (202) 424- 7647 May 22, 2006 Via Courier Donna C. Gregg, Chief Media Bureau, Office of the Bureau Chief Federal Communications Commission 445- 12th Street, SW Washington, DC 20554 Re: EasyTEL Communications Carrier Corporation Notice of Intent to Establish an Open Video System Dear Ms. Gregg: Enclosed for filing is EasyTEL Communications Carrier Corporation’s (“ EasyTEL”) Notice of Intent to establish an Open Video System in the City of Broken Arrow, Oklahoma. We have also enclosed a copy of this filing on diskette in Word format. Easytel respectfully requests that the Commission place this Notice of Intent on public notice as expeditiously as possible. Pursuant to section 76.1503 of the Commission’s rules, a copy of this Notice of Intent is being served on the City of Broken Arrow. If you have any questions concerning this filing, please do not hesitate to contact the undersigned at 202- 373- 6039. Respectfully submitted, Jean L. Kiddoo Danielle C. Burt Counsel for EasyTEL Communications Carrier Corporation cc: Service List T. E. Kloehr (EasyTEL) 3 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D. C. 20054 In the Matter of ) EASYTEL COMMUNICATIONS ) CARRIER CORPORATION ) ) File No. ____________ ) Notice of Intent to Establish ) an Open Video System ) ____________________________________) NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM EasyTEL Communications Carrier Corporation (“ EasyTEL”) 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”). EasyTEL submits the following information as required by Section 76.1503( b)( 1): 1. The OVS operator is EasyTEL Communications Carrier Corporation. The contact person for the operator, T. E. Kloehr, is located at 7335 S. Lewis, Suite 100, Tulsa, Oklahoma 74136. Telephone contact may be made at (918) 523- 8000. 2. EasyTEL’s projected service area will encompass the City of Broken Arrow, Oklahoma (CUID No. OK0065). The boundaries of EasyTEL’s projected service area are East of the City of Tulsa and South of Omaha Street, East of 9th Street and North of the Arkansas River. Initially it is estimated that EasyTEL will service approximately 500 business subscribers located in the service area. EasyTEL’s principal headend location and hub site is at 7335 S. Lewis Ave., Tulsa, Oklahoma. The hub site is served by and technically integrated with the principal headend. 4 3. The Open Video System will initially have a maximum of 110 analog channels of 6 MHz each available. EasyTEL will satisfy all OVS channel capacity requirements. EasyTEL may, at its discretion, expand the capacity of the Open Video System to increase the maximum number of analog channels. 4. Video Programming Providers (VPP) interested in carriage on EasyTEL’s Open Video System may obtain additional information about the system by completing the OVS Information Request Form (Attachment 1) and submitting it to: T. E. Kloehr 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 Tel: (918) 523- 8000 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, EasyTEL 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 also will be provided with additional forms and instructions necessary for carriage on EasyTEL’s Open Video System. If a VPP decides to seek carriage on EasyTEL’s Open Video System after receipt of 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. A minimum of one third of the system’s maximum capacity will be used by EasyTEL and/ or its affiliates and will be unavailable to VPPs. In addition, EasyTEL will utilize approximately six channels to carry public programs, educational programs, and governmental programs, in addition to approximately twelve “must- carry” 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 5 available for interested VPPs. No VPP will be assigned more than the capacity set aside for EasyTEL and its affiliates. 6. The enrollment period for VPPs seeking carriage on EasyTEL’s Open Video System will commence on May 22, 2006, and will conclude on August 22, 2006 or 90 days after the FCC releases a public notice of this Notice of Intent. In order to allow for contract finalization, ensure orderly channel allocation and allow timely systems allocation to occur, VPPs are encouraged to submit their enrollment requests as early as possible during the enrollment period. Allocation of capacity in the event demand exceeds system capacity will occur as described in Attachment 2. 7. Attached is a Certification that EasyTEL has complied with all relevant notification 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 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 EasyTEL’s Notice of Intent has been served on all local franchising authorities, which are located within EasyTEL’s anticipated OVS service area (Attachment 5). Respectfully submitted, EASYTEL COMMUNICATIONS CARRIER CORPORATION ______________________________________________________ T. E. Kloehr EASYTEL COMMUNICATIONS CARRIER CORPORATION 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 (918) 523- 8010 (Tel) (918) 477- 2010 (Fax) Dated: May 22, 2006 6 Attachment 1 EASYTEL COMMUNICATIONS CARRIER CORPORATION 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 required: _______ 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 EasyTEL Communications Carrier Corporation (“ EasyTEL”) open video system, and that it is not a competing, in- region, cable operator and has no 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 to subscribers located within EasyTEL’s open video system service area, and that the capacity requested will only be used for the commercial operation of a cable service. The VPP and its affiliates agree not to disclose to any other party the information provided by EasyTEL 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 EasyTEL’s open video system and the subsequent activation of such enrollment, if any. __________________________ ___________________________ __________________ __________________ Signature Name Title Date 7 Attachment 2 EASYTEL COMMUNICATIONS CARRIER CORPORATION OPEN VIDEO SYSTEM CHANNEL ALLOCATION PROCESS EasyTEL’s anticipated initial total system capacity on its Open Video Systems is 110 channels of 6 Mhz each (channels). The following channel allocations already have been made: EasyTEL: 37 channels for video programming + approximately 18 channels for the PEG/ must- carry requirements. The remaining number of channels to be allocated is 55. Initial capacity requests must be submitted by August 22, 2006. 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 55 channels and a request for 95 channels from multiple VPPs. VPP Channels Requested Minimum Allocations Remaining Channels Requested Ratio of Rmng Chal Avlble to Rmng Chal Requested No. of Channels Allocated A 2 2 0 -- 2 B 6 6 0 -- 6 C 20 6 14 .42 12 D 30 6 24 .42 16 E 37 6 31 .42 19 Total 95 26 69 55 8 Attachment 2 Because VPPs C, D, and E all requested more than 6 channels, each VPPs is allocated up to 6 channels as the minimum allocation. The remaining number of channels available to be divided among the VPPs is 29 (55 channels minus 26 channels). The number of available channels to be allocated on a pro rata basis (29) is divided by the remaining number of channels requested (69) which equals .42. This factor is used to calculate the distribution of the remaining 29 channels to VPPs C, D, and E. The remaining channels requested by VPPs C, D, and E are multiplied by the pro rata factor (. 42) to determine the number of channels the VPPs will be allocated in addition to the 6 channel minimum. Fractions of channels have been rounded to the nearest whole number, provided that the sum of all allocations not exceed the total number of available channels. EasyTEL will mail a notification to each VPP to confirm the channel capacity allocation by August 23, 2006. Any VPP that is allocated fewer channels than it initially requested may withdraw its channel capacity request by notifying EasyTEL by Certified Mail. Cancellations must be received 5: 00 p. m. on August 30, 2006. 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 September 8, 2006, EasyTEL will mail a notification to each remaining VPP to confirm the final channel capacity allocation. 9 Attachment 3 CERTIFICATION I, T. E. Kloehr, hereby certify that on or before this 22nd day of May 2006, I caused must-carry/ retransmission consent election notification to be sent by Certified Mail to all commercial and noncommercial television stations operating with EasyTEL’s Open Video System television market, as indicated by the service list below. _________________________________________ T. E. Kloehr, President Company Address City, State, Zip Oklahoma Educational Television Authority – KOED-TV 7403 North Kelley Avenue Oklahoma City, OK 73111 Trinity Broadcasting Network – KDOR- TV P. O. Box C- 11949 Santa Ana, CA 92711 Griffin Licensing, L. L. C. – KWBT- TV 3993 Howard Hughes Parkway, Suite 250 Las Vegas, NV 89109 Clear Channel Broadcasting Licenses, Inc. – KOKI- TV P. O. Box 470408 Tulsa, OK 74147- 0408 Board of Regents of Oklahoma Colleges – KRSC- TV 1701 W. Will Rogers Blvd. Claremore, OK 74017 Clear Channel Broadcasting Licenses, Inc. – KTFO- TV P. O. Box 470408 Tulsa, OK 74147- 0408 Paxson Tulsa License, Inc. – KTPX- TV 601 Clearwater Park Road West Palm Beach, FL 33401 Lesea Broadcasting of Tulsa, Inc. – KWHB- TV 61300 S. Ironwood Road South Bend, IN 46614 University Broadcasting, Inc. – KGEB- TV 7777 South Lewis Avenue Tulsa, OK 74171 10 Attachment 4 May 19, 2006 Dear This letter is to notify you that EasyTEL Communications Carrier Corporation intends to begin operating an Open Video System (“ OVS”) to serve the City of Broken Arrow, Oklahoma. It is currently planned that service activation is to occur on or around June 15, 2006. FCC rules require that we provide this notice and that you, in turn, notify us of your station’s request for carriage under “must carry” rules or if you are a commercial station of your election to forego “must carry” and request the negotiation of a “retransmission consent” agreement. The election must be forwarded to us within 30 days of the date of this letter and must be the same as the election the station has made with respect to the Cox Cable System serving the City of Broken Arrow. To facilitate the election notification process, we have attached a form that should be used to transmit your election to us. If your station is electing “must carry,” you need only check the appropriate box in the “Must Carry” section, provide your channel request, sign, date and return an original copy of the election form to us. Any video programming providers (“ VPPs”) on EasyTEL’s Open Video System will be notified of your decision. If you elect “must carry,” EasyTEL, as the operator of the system, will deliver your signal to all subscribers of any VPP on the system. Your election and channel position will be effective on the system’s launch date unless there is a conflicting channel position election or we encounter signal quality difficulties. Should this occur, we will contact you for resolution. If your station elects “retransmission consent,” we ask that you check the box in the “Retransmission Consent” section of the attached form, sign and date the form and return an original copy to us along with your proposal for a “retransmission consent” agreement. In addition, all VPPs on EasyTEL’s Open Video System will be notified of your decision to elect “retransmission consent.” You may negotiate with one or more VPPs delivering programming over the EasyTEL OVS for inclusion in their programming package. Please make all notifications to EasyTEL by sending the notice to: T. E. Kloehr EASYTEL COMMUNICATIONS CARRIER CORPORATION 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 If you have any questions, please call me at (918) 523- 8000. Sincerely, T. E. Kloehr, President 11 CERTIFICATE OF SERVICE I, T. E. Kloehr, hereby certify that I have caused copies of the foregoing Open Video System Notice of Intent of EasyTEL Communications Carrier Corporation to be sent via certified mail on the 22nd day of May 2006 to the following local franchising authorities listed below: Mayor Richard Carter City of Broken Arrow 220 S. First Street Broken Arrow, OK 74012 Linda Fagundes, City Clerk City of Broken Arrow 220 S. First Street Broken Arrow, OK 74012 _________________________________________ President 13 OPEN VIDEO SYSTEM NOTICE OF INTENT ATTENTION: MEDIA BUREAU 14 Jean L. Kiddoo Danielle C. Burt Direct Phone: (202) 373- 6039 Direct Fax: (202) 424- 7647 May 22, 2006 Via Courier Donna C. Gregg, Chief Media Bureau, Office of the Bureau Chief Federal Communications Commission 445- 12th Street, SW Washington, DC 20554 Re: EasyTEL Communications Carrier Corporation Notice of Intent to Establish an Open Video System Dear Ms. Gregg: Enclosed for filing is EasyTEL Communications Carrier Corporation’s (“ EasyTEL”) Notice of Intent to establish an Open Video System in the City of Bixby, Oklahoma. We have also enclosed a copy of this filing on diskette in Word format. Easytel respectfully requests that the Commission place this Notice of Intent on public notice as expeditiously as possible. Pursuant to section 76.1503 of the Commission’s rules, a copy of this Notice of Intent is being served on the City of Bixby. If you have any questions concerning this filing, please do not hesitate to contact the undersigned at 202- 373- 6039. Respectfully submitted, Jean L. Kiddoo Danielle C. Burt Counsel for EasyTEL Communications Carrier Corporation cc: Service List T. E. Kloehr (EasyTEL) 15 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D. C. 20054 In the Matter of ) EASYTEL COMMUNICATIONS ) CARRIER CORPORATION ) ) File No. ____________ ) Notice of Intent to Establish ) an Open Video System ) ____________________________________) NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM EasyTEL Communications Carrier Corporation (“ EasyTEL”) 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”). EasyTEL submits the following information as required by Section 76.1503( b)( 1): 1. The OVS operator is EasyTEL Communications Carrier Corporation. The contact person for the operator, T. E. Kloehr, is located at 7335 S. Lewis, Suite 100, Tulsa, Oklahoma 74136. Telephone contact may be made at (918) 523- 8000. 2. EasyTEL’s projected service area will encompass the City of Bixby, Oklahoma (CUID No. OK0202). The boundaries of EasyTEL’s projected service area are North of the Arkansas River and West of 129th Street. Initially it is estimated that EasyTEL will service approximately 300 business subscribers located in the service area. EasyTEL’s principal headend location and hub site is at 7335 S. Lewis Ave., Tulsa, Oklahoma. The hub site is served by and technically integrated with the principal headend. 16 3. The Open Video System will initially have a maximum of 110 analog channels of 6 MHz each available. EasyTEL will satisfy all OVS channel capacity requirements. EasyTeL may, at its business discretion, expand the capacity of the Open Video System to increase the maximum number of analog channels. 4. Video Programming Providers (VPP) interested in carriage on EasyTEL’s Open Video System may obtain additional information about the system by completing the OVS Information Request Form (Attachment 1) and submitting it to: T. E. Kloehr 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 Tel: (918) 523- 8000 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, EasyTEL 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 also will be provided with additional forms and instructions necessary for carriage on EasyTEL’s Open Video System. If a VPP decides to seek carriage on EasyTEL’s Open Video System after receipt of 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. A minimum of one third of the system’s maximum capacity will used by EasyTEL and/ or its affiliates and will be unavailable to VPPs. In addition, EasyTEL will utilize approximately six channels to carry public programs, educational programs, and governmental programs, in addition to approximately twelve “must- carry” 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 17 available for interested VPPs. No VPP will be assigned more than the capacity set aside for EasyTEL and its affiliates. 6. The enrollment period for VPPs seeking carriage on EasyTEL’s Open Video System will commence on May 22, 2006, and will conclude on August 22, 2006 or 90 days after the FCC releases a public notice of this Notice of Intent. In order to allow for contract finalization, ensure orderly channel allocation and allow timely systems allocation to occur, VPPs are encouraged to submit their enrollment requests as early as possible during the enrollment period. Allocation of capacity in the event demand exceeds system capacity will occur as described in Attachment 2. 7. Attached is a Certification that EasyTEL has complied with all relevant notification 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 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 EasyTEL’s Notice of Intent has been served on all local franchising authorities, which are located within EasyTEL’s anticipated OVS service area (Attachment 5). Respectfully submitted, EASYTEL COMMUNICATIONS CARRIER CORPORATION ______________________________________________________ T. E. Kloehr EASYTEL COMMUNICATIONS CARRIER CORPORATION 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 (918) 523- 8010 (Tel) (918) 477- 2010 (Fax) Dated: May 22, 2006 18 Attachment 1 EASYTEL COMMUNICATIONS CARRIER CORPORATION 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 required: _______ 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 EasyTEL Communications Carrier Corporation (“ EasyTEL”) open video system, and that it is not a competing, in- region, cable operator and has no 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 to subscribers located within EasyTEL’s open video system service area, and that the capacity requested will only be used for the commercial operation of a cable service. The VPP and its affiliates agree not to disclose to any other party the information provided by EasyTEL 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 EasyTEL’s open video system and the subsequent activation of such enrollment, if any. __________________________ ___________________________ __________________ __________________ Signature Name Title Date 19 Attachment 2 EASYTEL COMMUNICATIONS CARRIER CORPORATION OPEN VIDEO SYSTEM CHANNEL ALLOCATION PROCESS EasyTEL’s anticipated total system capacity on its Open Video Systems is 110 channels of 6 Mhz each (channels). The following channel allocations already have been made: EasyTEL: 37 channels for video programming + approximately 18 channels for the PEG/ must- carry requirements. The remaining number of channels to be allocated is 55. Initial capacity requests must be submitted by August 22, 2006. 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 55 channels and a request for 95 channels from multiple VPPs. VPP Channels Requested Minimum Allocations Remaining Channels Requested Ratio of Rmng Chal Avlble to Rmng Chal Requested No. of Channels Allocated A 2 2 0 -- 2 B 6 6 0 -- 6 C 20 6 14 .42 12 D 30 6 24 .42 16 E 37 6 31 .42 19 Total 95 26 69 55 20 Attachment 2 Because VPPs C, D, and E all requested more than 6 channels, each VPPs is allocated up to 6 channels as the minimum allocation. The remaining number of channels available to be divided among the VPPs is 29 (55 channels minus 26 channels). The number of available channels to be allocated on a pro rata basis (29) is divided by the remaining number of channels requested (69) which equals .42. This factor is used to calculate the distribution of the remaining 29 channels to VPPs C, D, and E. The remaining channels requested by VPPs C, D, and E are multiplied by the pro rata factor (. 42) to determine the number of channels the VPPs will be allocated in addition to the 6 channel minimum. Fractions of channels have been rounded to the nearest whole number, provided that the sum of all allocations not exceed the total number of available channels. EasyTEL will mail a notification to each VPP to confirm the channel capacity allocation by August 23, 2006. Any VPP that is allocated fewer channels than it initially requested may withdraw its channel capacity request by notifying EasyTEL by Certified Mail. Cancellations must be received 5: 00 p. m. on August 30, 2006. 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 September 8, 2006, EasyTEL will mail a notification to each remaining VPP to confirm the final channel capacity allocation. 21 Attachment 3 CERTIFICATION I, T. E. Kloehr, hereby certify that on or before this 22nd day of May 2006, I caused must-carry/ retransmission consent election notification to be sent by Certified Mail to all commercial and noncommercial television stations operating with EasyTEL’s Open Video System television market, as indicated by the service list below. _________________________________________ T. E. Kloehr, President Company Address City, State, Zip Oklahoma Educational Television Authority – KOED-TV 7403 North Kelley Avenue Oklahoma City, OK 73111 Trinity Broadcasting Network – KDOR- TV P. O. Box C- 11949 Santa Ana, CA 92711 Griffin Licensing, L. L. C. – KWBT- TV 3993 Howard Hughes Parkway, Suite 250 Las Vegas, NV 89109 Clear Channel Broadcasting Licenses, Inc. – KOKI- TV P. O. Box 470408 Tulsa, OK 74147- 0408 Board of Regents of Oklahoma Colleges – KRSC- TV 1701 W. Will Rogers Blvd. Claremore, OK 74017 Clear Channel Broadcasting Licenses, Inc. – KTFO- TV P. O. Box 470408 Tulsa, OK 74147- 0408 Paxson Tulsa License, Inc. – KTPX- TV 601 Clearwater Park Road West Palm Beach, FL 33401 Lesea Broadcasting of Tulsa, Inc. – KWHB- TV 61300 S. Ironwood Road South Bend, IN 46614 University Broadcasting, Inc. – KGEB- TV 7777 South Lewis Avenue Tulsa, OK 74171 22 Attachment 4 May 19, 2006 Dear This letter is to notify you that EasyTEL Communications Carrier Corporation intends to begin operating an Open Video System (“ OVS”) to serve the City of Bixby, Oklahoma. It is currently planned that service activation is to occur on or around June 15, 2006. FCC rules require that we provide this notice and that you, in turn, notify us of your station’s request for carriage under “must carry” rules or if you are a commercial station of your election to forego “must carry” and request the negotiation of a “retransmission consent” agreement. The election must be forwarded to us within 30 days of the date of this letter and must be the same as the election the station has made with respect to the Cox Cable System serving the City of Bixby. To facilitate the election notification process, we have attached a form that should be used to transmit your election to us. If your station is electing “must carry,” you need only check the appropriate box in the “Must Carry” section, provide your channel request, sign, date and return an original copy of the election form to us. Any video programming providers (“ VPPs”) on EasyTEL’s Open Video System will be notified of your decision. If you elect “must carry,” EasyTEL, as the operator of the system, will deliver your signal to all subscribers of any VPP on the system. Your election and channel position will be effective on the system’s launch date unless there is a conflicting channel position election or we encounter signal quality difficulties. Should this occur, we will contact you for resolution. If your station elects “retransmission consent,” we ask that you check the box in the “Retransmission Consent” section of the attached form, sign and date the form and return an original copy to us along with your proposal for a “retransmission consent” agreement. In addition, all VPPs on EasyTEL’s Open Video System will be notified of your decision to elect “retransmission consent.” You may negotiate with one or more VPPs delivering programming over the EasyTEL OVS for inclusion in their programming package. Please make all notifications to EasyTEL by sending the notice to: T. E. Kloehr EASYTEL COMMUNICATIONS CARRIER CORPORATION 7335 S. Lewis Ave., Suite 100 Tulsa, Oklahoma 74136 If you have any questions, please call me at (918) 523- 8000. Sincerely, T. E. Kloehr, President 23 CERTIFICATE OF SERVICE I, T. E. Kloehr, hereby certify that I have caused copies of the foregoing Open Video System Notice of Intent of EasyTEL Communications Carrier Corporation to be sent via certified mail on the 22nd day of May 2006 to the following local franchising authorities listed below: Mayor Joe Williams City of Bixby 116 W. Needles Bixby, OK 74008 Charlotte Baker, City Clerk City of Bixby 116 W. Needles Bixby, OK 74008 Phil Frazier, Esq. Bixby City Attorney 1424 Terrace Dr. Tulsa, OK 74104 ________________________________________ President 25