Federal Communications Commission DA 22-553 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Digital Broadcasting Corporation Certification to Operate an Open Video System ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: May 18, 2022 Released: May 19, 2022 By the Chief, Policy Division, Media Bureau: I. INTRODUCTION 1. On May 9, 2022, Digital Broadcasting Corporation (Digital Broadcasting) filed an application for certification to operate an open video system pursuant to section 653(a)(1) of the Communications Act of 1934, as amended (Communications Act) and the Commission’s rules. 47 U.S.C. § 573(a)(1); 47 CFR § 76.1502. Digital Broadcasting seeks to operate an open video system serving Sacramento, Los Angeles, San Francisco, Santa Ana, and San Diego, California; Jacksonville, Orlando, Miami, Tampa, and Tallahassee, Florida; and various communities in Puerto Rico (the Service Areas). In accordance with our procedures, See Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, Second Report and Order, 11 FCC Rcd 18223, 18247, para. 34 (1996) (Second Report and Order). the Commission published notice of receipt of the Digital Broadcasting application See Public Notice, “Digital Broadcasting Corporation Files An Application For Open Video System Certification,” DA 22-513 (MB, rel. May 10, 2022). and posted the application on the Internet. The Digital Broadcasting application is available via the Internet at https://www.fcc.gov/general/current-filings-certification-open-video-systems. No comments regarding this application were received. For the reasons discussed below, we grant the application. II. BACKGROUND 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 CFR § 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. 47 CFR § 76.1501. 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, para. 28. 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, para. 34; 47 CFR § 76.1502(a); see also Implementation of Section 302 of the Telecommunications Act of 1996: Open Video Systems, Order on Remand, 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, para. 31. 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 CFR § 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 percent 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, Third Report and Order and Second Order on Reconsideration, 11 FCC Rcd 20227, 20235, para. 13 (1996); see also 47 CFR § 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 CFR § 76.1502(a). (c) a list of the names of the communities the applicant intends to serve; 47 CFR § 76.1502(d)(2). (d) a statement of the anticipated type and amount of capacity that the system will provide; 47 CFR § 76.1502(c)(7). and (e) a statement as to whether the applicant is a cable operator applying for certification within its cable franchise area. 47 CFR § 76.1502(c)(3). III. DISCUSSION 4. Digital Broadcasting has submitted an application on FCC Form 1275 for certification to operate an open video system in the Service Areas. Based on our review of the information contained in Digital Broadcasting’s application, we grant the application. As required by Form 1275, the Digital Broadcasting 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. Digital Broadcasting also confirmed that it served its application upon the designated telecommunications official in the applicable communities. 5. We find that Digital Broadcasting 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 Digital Broadcasting certification filing proves to be materially false or materially inaccurate, the Commission retains the authority to revoke Digital Broadcasting’s certification or impose such other penalties it deems appropriate, including forfeiture. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that the application of Digital Broadcasting Corporation for certification to operate an open video system IS GRANTED. 7. This action is taken by the Chief, Policy Division, Media Bureau, pursuant to the authority delegated by section 0.283 of the Commission’s Rules. 47 CFR § 0.283. FEDERAL COMMUNICATIONS COMMISSION Maria L. Mullarkey Chief, Policy Division Media Bureau