Open Video System Notice of Intent Attention: Cable Services Bureau - 2 - BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20054 In the Matter of STARPOWER COMMUNICATIONS, LLC ) ) ) File No. ________ ) Notice of Intent to Establish ) an Open Video System ) NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM Starpower Communications, LLC, (“Starpower”), pursuant to Section 651 of the Telecommunications Act of 1996 and Sec 76.1503(b)(1) of the Commission’s Rules, hereby submits its “Notice of Intent,” (“Notice”) to establish an open video system (“OVS”). As required by Section 76.1503(b)(1), Starpower respectfully submits the following information: 1. The OVS operator is Starpower Communications, LLC. The contact person for the operator, Scott Burnside, is located at 100 Lake Street, Dallas, Pennsylvania 18612. Mr. Burnside may be reached at (717)675-6201. 2. Starpower’s projected service area includes the following communities: Washington, DC Starpower’s open video system will provide service to Washington, DC (CUID No. DC 20002). - 3 - Maryland ·Montgomery County. Starpower’s open video system will encompass portions of Montgomery County (CUID No. MD0236) including all or portions of the following incorporated communities and their surrounding areas: Community CUID Number Chevy Chase MD0223, MD0274 Chevy Chase Sec. III Chevy Chase Sec. V MD0276 Chevy Chase Village MD0277 Chevy Chase View Friendship Heights Gaithersburg MD0057 Garrett Park MD0231 Glen Echo MD0233 Kensington MD0234 Martin’s Additions North Chevy Chase Oakmont Rockville MD0222 Somerset MD0227 Takoma Park MD0226 Washington Grove MD0225 ·Prince George’s County. Starpower’s open video system will encompass portions of Prince George’s County (CUID Nos. MD0163 and MD0172) including all or portions of the following incorporated communities and their surrounding areas: Community CUID Number Berwyn Heights MD0142 Bladensburg MD0141 Brentwood MD0220 College Park MD0143 Colmar Manor MD0221 Cottage City MD0144 Edmonston MD0145 Fairmont Heights MD0182 - 4 - Glenarden MD0146 Hyattsville MD0140 Landover Hills MD0147 Laurel MD0201 Mount Rainier MD0148 New Carrollton MD0171 North Brentwood MD0149 Riverdale MD0150 Takoma Park MD0383 University Park MD0151 ·Howard County. Starpower’s open video system will encompass portions of Howard County (CUID Nos. MD0077 and MD0355). Virginia ·Arlington County. Starpower’s open video system will encompass portions of Arlington County (CUID No. VA0108). ·Fairfax County. Starpower’s open video system will encompass portions of Fairfax County (CUID Nos. VA0301). ·Independent Cities. Starpower’s open video system will encompass all or portions of the following incorporated communities, as well portions of Fairfax County adjacent to those communities: Community CUID Number City of Alexandria VA0220 City of Falls Church VA0327 3. The open video system will have a maximum of 330 channels available, each consisting of 6-MHz analog capacity. Subject to demand from prospective Video Programming Providers (“VPPs”), Starpower will evaluate and may implement an alternative technology including, but not limited to, a switched digital open video system. In any event, the selected solution will satisfy VPPs channel requests and meet all OVS channel capacity requirements. - 5 - 4. VPPs interested in carriage on Starpower’s open video system may obtain additional information about the system by completing the OVS Information Request Form (Attachment 1) and submitting it to: Scott Burnside 100 Lake Street Dallas, PA 18612 (717) 675-6201 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, Starpower 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 will also be provided with additional forms and instructions necessary for carriage on Starpower’s open video system. If a VPP decides to seek carriage on Starpower’s open video system after receipt of the 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. One third of the system’s maximum capacity will be set aside for Starpower and/or its affiliates. In addition, Starpower will utilize approximately thirteen (13) channels to carry public programs, educational programs, governmental programs, and those 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 available for interested VPPs. No VPP will be assigned more than the capacity set aside for Starpower and its affiliates. 6. The enrollment period for VPPs seeking carriage on Starpower’s open video system will commence on March 19, 1998 and will conclude June 18, 1998. In order to allow for contract finalization, ensure orderly channel allocation and allow timely systems allocation to occur, VPPs must submit their preliminary enrollment requests no later than May 18, 1998. - 6 - Allocation of capacity in the event demand exceeds system capacity will occur as described in Attachment 2. 7. Attached is a certification that Starpower has complied with all relevant notifications 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 the 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 Starpower’s Notice of Intent has been served on all local franchising authorities which are located within Starpower’s anticipated OVS service area (Attachment 5). Respectfully submitted, Starpower Communications, LLC ________________________________ John D. McCallum ________________________________ Michael J. Mahoney Co-Chairmen Starpower Communications, LLC 2100 Pennsylvania Avenue, N.W., Suite 225 Washington, D.C., 20037 -7- Attachment 1 STARPOWER COMMUNICATIONS, LLC 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 requested: ___________ 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 Starpower open video system, and that it has no formal or informal 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 within Starpower’s open video system service area, and that the capacity requested will only be used for the commercial operation of an information service. The VPP and its affiliates agree not to disclose to any other party the information provided by Starpower 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 -8- for any purpose whatsoever other than making an informed decision as to whether to enroll in the Starpower open video system and the subsequent activation of such enrollment, if any. ___________________________________________________________________ _____________________ Signature NameTitle Date -9- Attachment 2 Page 9 of 2 STARPOWER COMMUNICATIONS, LLC OPEN VIDEO SYSTEM CHANNEL ALLOCATION PROCESS Starpower’s anticipated total system capacity on its open video system is 330, 6 MHz analog channels. The following channel allocations already have been made: Starpower: 110 channels for video programming + approximately 13 channels for the PEG/Must-Carry/Retransmission consent requirements. The remaining number of channels to be allocated is 207. Initial capacity requests must be submitted by May 18, 1998. 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 207 channels and a request for 398 channels from multiple VPPs. A B C D E F Total Channels Requested 2 6 20 110 150 110 ____ 398 Minimum Allocation 2 6 6 6 6 6 _____ 32 -2- Remaining Channels Requested 0 0 14 104 144 104 ____ 366 Ratio of Rmng Chnl Avlble to Rmng Chnl Requested -- -- .478 .478 .478 .478 No. of Channels Allocated 2 6 13 56 74 56 ____ 207 Because VPPs C through F all requested more than 6 channels, each VPP is allotted up to 6 channels as the minimum allocation. The remaining number of channels available to be divided among the VPPs is 175 (207 channels minus 32 channels). The number of available channels to be allocated on a pro rata basis (175) is divided by the remaining number of channels requested (366), which equals .478. This factor is used to calculate the distribution of the remaining 175 channels to VPPs C through F. The remaining channels requested by VPPs C through F are multiplied by the pro rata factor (.478) to determine the number of channels the VPPs will be allocated in addition to the six 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. Attachment 2 Page 3 of 2 -3- Starpower will mail notification to each VPP to confirm the channel capacity allocation by June 2, 1998. Any VPP that is allocated fewer channels than it initially requested may withdraw its channel capacity request by notifying Starpower by mail. Cancellations must be received by 5:00 p.m. on June 9, 1998 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 June 15, 1998, Starpower will mail a notification to each remaining VPP to confirm the final channel capacity allocation. Attachment 3 Page 1 of 2 -1- CERTIFICATE OF SERVICE I, Patrick J. Whittle hereby certify that on this 17th day of March, 1998, copies of the foregoing Starpower Communications, LLC, Notice of Intent to Establish an Open Video System was served via overnight delivery on the parties listed below: WRC WTTG 4001 Nebraska Ave., N.W. 5151 Wisconsin Ave., N.W. Washington, D.C. 20016 Washington, D.C. 20016 Attn: Allan Horlick, President & Attn: Gene McHugh, Vice-President & General Manager General Manager WJLA WUSA 3007 Tilden Street, N.W. 4100 Wisconsin Avenue, N.W. Washington, D.C. 20008 Washington, D.C. 20008 Attn: Terrence Connelly, Jr., Attn: Robert Sullivan, President & President & General Manager General Manager WDCA WBDC 5202 River Road 2121 Wisconsin Avenue. N.W., Ste. 350 Bethesda, MD 20816 Washington, D.C. 20007 Attn: Richard H. Williams, Attn: Michael Nurse, General Vice President & General Manager Manager WMAR WBFF 6400 York Road 2000 West 41st Street Baltimore, MD 21212 Baltimore, MD 21211-1420 Attn: Steve Gigliotti, General Attn: Steve Marks, General Manager Manager WBAL WJZ Maryland’s Broadcast Center Television Hill Baltimore, MD 21211 Baltimore, MD 21211 Attn: Philip Stolz, Vice-President & Attn: Marcellus Alexander, Vice- General Manager President & General Manager Attachment 3 Page 2 of 2 -2- WNUV WHSW 3001 Druid Park Drive 4820 Seton Road Baltimore, MD 21215 Baltimore, MD 21215 Attn: Joseph Koff, General Attn: Bonnie McCausey, Operations Manager Manager WETA WHMM 3620 27th Street, S. 2222 4th Street, N.W. Arlington, VA 22206 Washington, D.C. 20059 Attn: Sharon Percy Rockefeller, Attn: Marva Fletcher, General President & CEO Manager WMPT 11767 Owings Mill Blvd. Owings Mills, MD 21117 Attn: Norm Silverstein, Senior VP, Administrative Services ______________________________ Patrick J. Whittle -3- Attachment 4 Example of Notification Letter (Attached) Attachment 5 Page 1 of 8 -1- CERTIFICATE OF SERVICE I, Yvonne Skinner, hereby certify that on this 17th day of March, 1998, copies of the foregoing the Starpower Communications, LLC. Notice of Intent to Establish an Open Video System were served via first class mail on the parties listed below (parties designated with * were served by hand delivery): Chairman William E. Kennard* Federal Communications Commission 1919 M Street, NW, Room 814 Washington, DC 20554 Commission Michael K. Powell* Federal Communications Commission 1919 M Street, NW, Room 844 Washington, DC 20554 Commissioner Harold Furchtgott-Roth* Federal Communications Commission 1919 M Street, NW, Room 802 Washington, DC 20554 Commissioner Susan Ness* Federal Communications Commission 1919 M Street, NW, Room 832 Washington, DC 20554 Commissioner Gloria Tristani* Federal Communications Commission 1919 M Street, NW, Room 826 Washington, DC 20554 Office of the Bureau Chief* Cable Services Bureau Federal Communications Commission 2033 M Street, NW Washington, DC 20554 Office of the Bureau Chief* Cable Services Bureau Federal Communications Commission 2033 M Street, NW Washington, DC 20554 Meredith Jones* Chief of the Cable Services Bureau Federal Communications Commission 2033 M Street, NW, Room 918 Washington, DC 20554 Larry Strickling, Chief* Competition Division Office of the General Counsel Federal Communications Commission 1919 M Street, NW, Room 658 Washington, DC 20554 John E. Logan* Deputy Chief Cable Services Bureau Federal Communications Commission 2033 M Street, NW, Room 918 Washington, DC 20554 Steve Broeckaert* Cable Services Bureau Federal Communications Commission 2033 M Street, N.W., Room 705-B Attachment 5 Page 2 of 8 -2- Washington, DC 20554 Deborah Klein* Cable Services Bureau Federal Communications Commission 2033 M Street, N.W., Room 918 Washington, DC 20554 Carol Fleming* Cable Services Bureau Federal Communications Commission 2033 M Street, NW, Room 700-C Washington, DC 20554 The Honorable Marion Barry Mayor District of Columbia Executive Office of the Mayor One Judiciary Square 441 4th Street, NW Washington, DC 20001 Edward Kania Office of Cable Television, Regulatory Division 2217 14th Street, NW Washington, DC 20009 Kathleen E. Arnold Secretary Office of the Secretary of the District of Columbia One Judiciary Square 441 4th Street, NW, Suite 1130 Washington, DC 20001 Deborah M. Royster Executive Director Office of Cable Television 2217 14th Street, NW Washington, DC 20009 Wil J. Parker Interim City Administrator One Judiciary Square 441 4th Street, NW, Suite 1120 Washington, DC 20001 Douglas M. Duncan County Executive Montgomery County 101 Monroe Street, 2nd Floor Rockville, MD 20850 Jerry Pasternak Special Assistant to County Executive Montgomery County 101 Monroe Street, 2nd Floor Rockville, MD 20850 Jane Lawton Cable Communications Administrator Office of Consumer Affairs/Cable Montgomery County 100 Maryland Avenue, Suite 330 Rockville, MD 20850 Andrea Silverstone Town Clerk Town of Chevy Chase 4301 Willow Lane Chevy Chase, MD 20815 Robert Salmon Attachment 5 Page 3 of 8 -3- Council Chairman Village of Chevy Chase, Section 3 P.O. Box 15281 Chevy Chase, MD 20815 Andy Leon Harney Village Manager Village of Chevy Chase, Section 3 P.O. Box 15281 Chevy Chase, MD 20815 Frances L. Higgins Village Manager Village of Chevy Chase, Section 5 P.O. Box 15140 Chevy Chase, MD 20815 Jerry Schiro Village Manager Town of Chevy Chase Village 5906 Connecticut Avenue Chevy Chase, MD 20815 Jana S. Coe Town Secretary-Treasurer Town of Chevy Chase View P.O. Box 136 Kensington, MD 20895 P. Michael Errico Prince George's County Deputy Chief Administrative Officer 14741 Governor Oden Bowie Dr. Upper Marlboro, MD 20772 Julian P. Mansfield Village Manager Village of Friendship Heights 4433 South Park Avenue Chevy Chase, MD 20815 David B. Humpton City Manager City of Gaithersburg 31 South Summit Avenue Gaithersburg, MD 20877 Glenda Ingham Town Clerk-Treasurer Town of Garrett Park P.O. Box 84 Garrett Park, MD 20896 Peter Benjamin Mayor Town of Garrett Park P.O. Box 84 Garrett Park, MD 20896 Betsy Platt Town Clerk-Treasurer Town of Glen Echo P.O. Box 598 6106 Harvard Avenue Glen Echo, MD 20812 Pat McAuley Town Administrator Town of Kensington 3710 Mitchell Street Kensington, MD 20895 Attachment 5 Page 4 of 8 -4- John A. Kay Village Manager Village of Martin’s Additions 7309 Delfield Street Chevy Chase, MD 20815 John A. Kay Village Manager Village of Martin’s Additions P.O. Box 15267 Chevy Chase, MD 20825 Marilyn Levitt Village Manager Village of North Chevy Chase P.O. Box 15887 Chevy Chase, MD 20815 Stanley B. Durkee Mayor & Chairman of Oakmont Citizens Committee Town of Oakmont P.O. Box 78 Bethesda, MD 20817 Doug Breisch Supervisor of News & Information Section City Managers Office City of Rockville 111 Maryland Avenue Rockville, MD 20850 David Podolsky, Esq. City of Rockville 225 N. Washington Street Rockville, MD 20850 Paula Jewell City Clerk City of Rockville 111 Maryland Avenue Rockville, MD 20850 Julia Novak Acting City Manager City of Rockville 111 Maryland Avenue Rockville, MD 20850 Rose Krasnow Mayor City of Rockville 111 Maryland Avenue Rockville, MD 20850 Thomas W. Carter Town Clerk-Treasurer Town of Somerset 4510 Cumberland Avenue Chevy Chase, MD 20815 Beverly K. Habada City Administrator Attachment 5 Page 5 of 8 -5- City of Takoma Park 7500 Maple Avenue Takoma Park, MD 20912 Catherine Sartoph City Clerk City of Takoma Park 7500 Maple Avenue Takoma Park, MD 20912 Barry Smith Director of Technology 31 S. Summit Avenue Gaithersburg, MD 20877 Mary M. Challstrom Town Clerk Town of Washington Grove P.O. Box 216 Washington Grove, MD 20880-0216 John Askew Chief of Cable TV Division Office of Business and Regulatory Affairs Prince George’s County Government County Administration Building 14741 Governor Oden Bowie Dr. Upper Marlboro, MD 20772 William D. Miller II Senior Policy Advisor - County Executive County Administration Building 14741 Governor Oden Bowie Dr. Upper Marlboro, MD 20772 Patricia C. Storke Town Administrator & Clerk Town of Berwyn Heights 5700 Berwyn Road Berwyn Heights, MD 20740 Mickey Tawney Town Clerk Town of Bladensburg 4229 Edmonston Road Bladensburg, MD 20710 Roylene Roberts City Administrator Town of Bladensburg 4229 Edmonston Road Bladensburg, MD 20710 Lanny E. Mummert Town Administrator Town of Brentwood 4300 39th Place Brentwood, MD 20722 Attachment 5 Page 6 of 8 -6- Mary E. Reed Town Clerk Town of Brentwood 4300 39th Place Brentwood, MD 20722 Miriam P. Wolff City Clerk City of College Park 4500 Knox Road College Park, MD 20740 Richard Conti City Manager City of College Park 4500 Knox Road College Park, MD 20740 Daniel R. Baden Town Clerk-Treasurer Town of Colmar Manor 3701 Lawrence Street Colmar Manor, MD 20722-2099 John Barr City Attorney Town of Colmar Manor 9658 Baltimore Avenue, Ste. 202 College Park, MD 20740-1346 Alice F. Shannon Town Clerk-Treasurer Town of Cottage City 3820 40th Avenue Cottage City, MD 20722 Attachment 5 Page 7 of 8 -7- B. Adele Compton Town Clerk-Treasurer Town of Edmonston 5005 52nd Avenue Edmonston, MD 20781 Kathleen Scott Mayor Fairmont Heights Municipal Bldg. 6100 Jost Street Fairmont Heights, MD 20743 Jeannelle Wallace Town Manager Glenarden 8600 Glenarden Parkway Glenarden, MD 20706 Kathy Tavel Town Manager Landover Hills 6904 Taylor Street Landover Hills, MD 20784 Sue Page City Clerk City of Hyattsville 4310 Gallatin Street Hyattsville, MD 20781 Marge Wolf City of Hyattsville 4310 Gallatin Street Hyattsville, MD 20781 Kimberly Rau City Clerk City of Laurel 8103 Sandy Spring Road Laurel, MD 20707 Lucille Dickinson City Manager City of Mount Rainier One Municipal Place Mount Rainier, MD 20712 Mary Mulcare City Clerk-Treasurer City of Mount Rainier One Municipal Place Mount Rainier, MD 20712 Mark L. Latour City Administrative Officer City of New Carrollton 6016 Princess Garden Parkway New Carrollton, MD 20784 Petrella A. Robinson Town Clerk Town of North Brentwood P.O. Box 196 North Brentwood, MD 20722 Patrick J. Prangley Town Administrator Town of Riverdale 5008 Queensbury Road Riverdale, MD 20737 Attachment 5 Page 8 of 8 -8- Margaret S. Mallino Mayor Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Louise T. Breedon Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 John L. Brunner Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 James E. Christensen Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Mark W. Flaming Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Harold Freeman Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Arthur J. Kendall Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Daniel R. Puma, Jr. Council Member Town of University Park 6724 Baltimore Avenue University Park, MD 20782 Jim O’Connor Cable Administrator 3450 Court House Drive Ellicott City, MD 21043 Barbara Cook County Solicitor 3430 Court House Drive Ellicott City, MD 21043 Anton S. Gardner, Manager County Managers Office 2100 Clarendon Blvd, Suite 302 Arlington, VA 22201 Sally Michael Ass't County Manager for Public Affairs County Managers Office 2100 Clarendon Boulevard, Suite 310 Arlington, VA 22201 Philip G. Sunderland City Attorney City of Alexandria Attachment 5 Page 9 of 8 -9- 301 King Street, Suite 1300 Alexandria, VA 22314 Vola T. Lawson, City Manager City of Alexandria 301 King Street, Suite 3500 Alexandria, VA 22314 Beverly I. Jett, City Clerk City of Alexandria 301 King Street, Suite 2300 Alexandria, VA 22314 Elizabeth Shawen, City Clerk City of Falls Church 300 Park Avenue Falls Church, VA 22046 Walter Munster, Jr., Chief Cable Regulation Division Department of Consumer Affairs 12000 Government Center Parkway Suite 433, 4th Floor Fairfax, VA 22035-0045 Ronald Mallard Director/Cable Administrator Department of Consumer Affairs 12000 Government Center Parkway Suite 433, 4th Floor Fairfax, VA 22035-0045 * Hand Delivery _________________________