Federal Communications Commission DA 97-2504
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of: ) 
GST Telecom New Mexico, Inc. )
Certification to Operate an 
Open Video System
MEMORANDUM OPINION AND ORDER 
Adopted: November 25, 1997 Released: November 26, 1997
By the Chief, Cable Services Bureau: 
L INTRODUCTION
1. On November 17, 1997, GST Telecom New Mexico, Inc. ("GST") filed an application 
for certification to operate an open video system pursuant to Section 653(aXl) of the Communications Act 
of 1934 ("Communications Act") and the Commission's rules.1 GST seeks to operate an open video 
system in the Cities of Albuquerque and Rio Rancho and in the Village of Corrales City, New Mexico. 
In accordance with our procedures,2 the Commission published notice of receipt of GST's certification 
application and posted the application on the Internet.3 No comments were filed regarding GST's 
certification application.4
2. Pursuant to Section 653(a)(l) of the Communications Act, any person may obtain 
certification to operate an open video system.5 In light of the brief period (ten days) for Commission
'47 U.S.C. § 573(a)(l); 47 C.F.R. § 76.1502.
2 See Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, Second Report 
and Order, CS Docket No. 96-46, 61 FR 28698 (6/5/96), FCC 96-249, released June 3, 1996 at J 34 ("Second Report 
and Order").
3See Public Notice, "GST Telecom New Mexico, Inc. Files An Application For Open Video System 
Certification," DA 97-2415 (Cab. Serv. Bur., rel. Nov. 17, 1997).
"Comments and oppositions must be filed within five days of the Commission's receipt of an open video system 
certification application. 47 C.F.R. § 76.1502(e).
547 C.F.R. § 76.1501. An operator of a cable system, however, generally may not obtain such certification 
within its cable service area unless it is subject to "effective competition" as defined in Section 623(1 )(1) of the 
Communications Act, 47 U.S.C. § 543(1)(1).
Federal Communications Commission DA 97-2504
review of certification filings, the Commission concluded that Congress intended a streamlined certification 
process.6 Open video system operators may apply for certification at any point prior to the 
commencement of service, subject to two conditions. If construction of new physical plant is required, 
the applicant must obtain Commission approval of its certification prior to the commencement of 
construction. If no new construction is required, the applicant must obtain certification prior to the 
commencement of service, allowing itself sufficient time to comply with the Commission's requirements 
regarding notifications that must be provided to potential programming providers.7
3. Despite the streamlined nature of the certification process, the Commission intended it to 
provide purposeful representations regarding the responsibilities of the open video system operator by 
requiring that applicants verify their certifications and provide specified information.8 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;9 (b) a representation that the applicant will comply 
with the Commission's regulations under Section 653(b);'  (c) a list of the names of the communities the 
applicant anticipates it will serve; (d) a statement of the anticipated type and amount of capacity that the 
system will provide; and (e) a representation as to whether the applicant is a cable operator applying for 
certification within its cable franchise area.
II. DISCUSSION
4. We have reviewed the information contained in GST's FCC Form 1275. GST has applied 
to become a certified open video system operator in the Cities of Albuquerque and Rio Rancho and in the 
Village of Corrales City, New Mexico. As required by Form 1275, GST's certification application 
provides: company information and a separate statement of ownership, including all affiliated entities; 
eligibility and compliance representations; and system information, system capacity and verification 
statements. GST indicates that it has served the Cable Authority of Albuquerque, the City Attorney of 
Rio Rancho, and the City Attorney of Corrales City, which are the designated telecommunications officials
''Second Report and Order, 11 FCC Red at 18243.
''Id. at 18247; 47 C.F.R. § 76.1502(a).
^Second Report and Order, 11 FCC Red at 18245-46.
9We note that 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, with certain modifications. 47 C.F.R. 
§ 1500(g). 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, CS Docket No. 96-46, Third Report and Order 
and Second Order on Reconsideration, 11 FCC Red 20227, 20235 (1996) ("Third Report and Order"); 47 C.F.R. 
§ 1500(g).
'"Communications Act § 653(b), 47 U.S.C. § 573 (b). Under this section the applicant agrees to comply with 
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 select 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. Id. See 47 C.F.R. § 1502(a).
19742
Federal Communications Commission DA 97-2504
of those respective communities. Accordingly, we conclude that GST 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 GST's certification filing proves to be 
materially false or materially inaccurate, the Commission retains the authority to revoke GST's 
certification or impose such other penalties it deems appropriate, including forfeiture.
III. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED, that the certification of GST Telecom New Mexico, Inc. 
to operate an open video system in the Cities of Albuquerque and Rio Rancho and in the Village of 
Corrales City, New Mexico IS APPROVED.
6. This action is taken by the Chief, Cable Services Bureau, pursuant to the authority 
delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. § 0.321.
FEDERAL COMMUNICATIONS COMMISSION
Meredith J. Jones
Chief, Cable Services Bureau
19743