Federal Communications Commission	DA 20-728


Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of

Miracle Attainment Corp

Certification to Operate an
Open Video System

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MEMORANDUM OPINION AND ORDER

     Adopted:  July 9, 2020	Released: July 10, 2020

By the Senior Deputy Chief, Policy Division, Media Bureau:

I. INTRODUCTION
	1.	On July 2, 2020, Miracle Attainment Corp (Miracle) filed an application for certification to operate an open video system pursuant to Section 653(a)(1) of the Communications Act of 1934 (Communications Act) and the Commission's rules. 47 U.S.C. § 573(a)(1); 47 C.F.R. § 76.1502.
  Miracle seeks to operate an open video system serving the communities of Cheyenne, Wyoming; Riverton, Wyoming; Salt Lake City, Utah; St. George, Utah, Boise, Idaho; Missoula, Montana; Sioux Falls, South Dakota; Aberdeen, South Dakota; and Tamuning, Guam (the Service Areas).  In accordance with our procedures, See Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, 11 FCC Rcd 18223, 18247 (1996) (Second Report and Order).
 the Commission published notice of receipt of the Miracle application See Public Notice, “Miracle Attainment Corp Files An Application For Open Video System Certification,” DA 20-708 (MB, rel. July 2, 2020). 
 and posted the application on the Internet. The Miracle application is available via the Internet https://www.fcc.gov/general/current-filings-certification-open-video-systems  

  No comments regarding this application were received.

	2.	Pursuant to Section 653(a)(1) of the Communications Act, any entity meeting the requirements may obtain certification to operate an open video system. See 47 U.S.C. § 573(a)(1); 47 C.F.R. § 76.1501.  An operator of a cable system however, generally may not obtain such certification within its service area unless it is subject to "effective competition" as defined in Section 623(1)(l) of the Communications Act, 47 U.S.C. § 543(l)(l).  The effective competition requirement does not apply to a local exchange carrier that is also a cable operator that seeks open video system certification within its cable service area.  
  In light of the brief period (ten days) for Commission review of certification filings, the Commission concluded that Congress intended there to be a streamlined certification process. Second Report and Order, 11 FCC Rcd at 18243.
  Open video system operators may apply for certification at any point prior to the commencement of service.  Open video system operators must obtain certification prior to the commencement of service, allowing sufficient time to comply with the Commission's requirements regarding notifications that applicants must provide to potential programming providers.   Id. at 18247; 47 C.F.R. § 76.1502(a); see also Implementation of Section 302 of the Telecommunications Act of 1996: Open Video Systems, 14 FCC Rcd 19700, 19705 (1999) (deleting the pre-construction certification requirement from Section 76.1502(a) of our rules).

 
	3.	As part of the certification process, the applicant must acknowledge and accept the obligations associated with operation of an open video system and must provide certain information regarding its proposed system. Second Report and Order, 11 FCC Rcd at 18245-46.
  To obtain certification, an applicant must file FCC Form 1275, which requires, among other things: (a) a statement of ownership, including a list of all affiliated entities; For purposes of determining whether a party is an affiliate, we have adopted the definitions contained in the notes to Section 76.501 of our rules. 47 C.F.R. § 76.501.  Generally, we will consider an entity to be an open video system operator's "affiliate" if the open video system operator holds 5% or more of the entity's stock, whether voting or non-voting.  Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, 11 FCC Rcd 20227, 20235 (1996) ("Third Report and Order"); see also 47 C.F.R. § 76.1500(g).
 (b) a representation that the applicant will comply with the Commission's regulations under Section 653(b) of the Communications Act; 47 U.S.C. § 573(b).  This provision sets forth the Commission's requirements regarding non-discriminatory carriage; just and reasonable rates, terms and conditions; a one-third capacity limit on the amount of activated channel capacity on which an open video system operator may distribute programming when demand for carriage exceeds system capacity; channel sharing; sports exclusivity, network non-duplication and syndicated exclusivity; and non-discriminatory treatment in presenting information to subscribers.   See also 47 C.F.R. § 76.1502(a).
 (c) a list of the names of the communities the applicant intends to serve; (d) a statement of the anticipated type and amount of capacity that the system will provide; and (e) a statement as to whether the applicant is a cable operator applying for certification within its cable franchise area.	

II.	DISCUSSION

	4.	Miracle has submitted an application on FCC Form 1275 for certification to operate an open video system in the Service Areas.  We have reviewed the information contained in Miracle’s application.  As required by Form 1275, the Miracle application provides the following: company information and a separate statement of ownership listing affiliated entities; eligibility and compliance representations; and system information and verification statements.  Miracle also confirmed that it served its application upon the designated telecommunications official in the applicable communities.


              5.           We find that Miracle has provided the requisite facts and representations concerning the open video system it intends to operate and has certified that it "agrees to comply and remain in compliance with each of the Commission's regulations" under Section 653(b) of the Communications Act.  We note that if any representation in the Miracle certification filing proves to be materially false or materially inaccurate, the Commission retains the authority to revoke Miracle’s certification or impose such other penalties it deems appropriate, including forfeiture.

III.	ORDERING CLAUSES

	6.	Accordingly, IT IS ORDERED, that the application of Miracle Attainment Corp for certification to operate an open video system in the Service Areas IS GRANTED.

	7.	This action is taken by the Senior Deputy Chief, Policy Division, Media Bureau, pursuant to the authority delegated by Section 0.283 of the Commission's Rules. 47 C.F.R. § 0.283.




						FEDERAL COMMUNICATIONS COMMISSION



						Steven A. Broeckaert
						Senior Deputy Chief, Policy Division
						Media Bureau

			
					








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