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# 

April 9, 2001

Office of the Secretary

Federal Communications Commission

445 12^th^ St. SW

Washington, DC 20554

## OPEN VIDEO SYSTEM CERTIFICATION FILING

Pursuant to FCC rules, 47 CFR 76.1503 (b) (1) we hereby submit this
cover letter with the enclosed diskette and hard copy of the Open Video
System certification filing form 1275 for BroadbandConnect, Inc.

Sincerely,

Dennis Harris

Principle

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# 

April 9, 2001

Office of the Bureau Chief

Cable Services Bureau

445 12^th^ St., SW

Washington, DC 20054

## OPEN VIDEO SYSTEM CERTIFICATION FILING

Pursuant to FCC rules, 47 CFR 76.1503 (b) (1) we hereby submit this
cover letter with the enclosed diskette and hard copy of the Open Video
System certification filing form 1275 for BroadbandConnect, Inc.

Sincerely,

Dennis Harris

Principle

### Open Video System

#### Certification

**Application**

**Attention:**

**Cable Services Bureau**

Exhibit 1

FCC Form 1275 Item B -- Ownership and Affiliation Statement

Pursuant to Section 76.1502 © of the Commissions' Rules,
BroadbandConnect, Inc. submits the following ownership and affiliation
information as described in Section 76.1500 (g) of the Commissions'
Rules governing open video systems. 47 C.F. 76.1500 (g), 76.1502 (c).

BroadbandConnect, Inc. is wholly owned by individuals; Mr. John L.
Huggins Jr., Mr. Bennie R. Davis, and Mr. Dennis Harris.

  ------------------------------ ----- ------------ -------------- -------- ---- -----
  **FCC FORM 1275**                                                              

  **CERTIFICATION FOR OPEN VIDEO                                                 
  SYSTEMS**                                                                      

                                                                                 

  **A. Company Information**                                                      

  Company Name:                                                                   

  BROADBANDCONNECT, INC.                                                          

  Contact Person:                                                                 

  DENNIS HARRIS                                                                   

  Mailing Address:                                                                

  5410 INDIANHEAD HIGHWAY                                                         

  City:                                             State:         Zip            
                                                                   Code:         

  OXON HILL                                         MARYLAND       20785          

  Phone Number:                                     Fax Number:                   

  301-686-1425                                      301-686-0606                  

                                                                                 

  **B. Attach a statement of                                                      
  ownership, including all                                                       
  affiliated entities**                                                          

  SEE EXHIBIT 1                                                                  

  **C. Eligibility and                                                            
  Compliance Representations**                                                   

                                                                   Yes      No   N/A

  1\. If you are a cable                                                          
  operator applying for                                                          
  certification within your                                                      
  cable franchise area, are you                                                  

  qualified to operate an open                                                   X
  video system under 47 C.F.R. §                                                 
  76.1501?                                                                       

  2\. Do you agree to comply and                                                  
  to remain in compliance with                                                   
  each of the Commission\'s                                                      

  regulations in 47 C.F.R. §§                                      X              
  76.1503, 76.1504, 76.1506(m),                                                  
  76.1508, 76.1509, and 76.1513?                                                 

  3\. Do you agree to comply                                                      
  with the Commission\'s notice                                                  
  and enrollment requirements                                                    

  for unaffiliated video                                           X              
  programming providers?                                                         

  4\. If applicable, do you                                                       
  agree to file changes to your                                                  
  cost allocation manual at                                                      
  least                                                                          

  60 days before the                                                             X
  commencement of service?                                                       

                                                                                 

  **D. System Information**                                                       

  1\. Provide a general                                                           
  description of the anticipated                                                 
  communities or areas to be                                                     
  served upon completion of the                                                  
  system.                                                                        

  See Exhibit 3                                                                  

                                                                                  

                                                                                  

                                                                                  

                                                                                  

                                                                                  

                                                                                  

                                                                                  

  2\. Anticipated Digital        300                3\.                     0     
  Capacity:                                         Anticipated                  
                                                    Analog                       
                                                    Capacity:                    

  4\. If Switched Digital,       0                                                
  Anticipated Number of Channel                                                  
  Input Ports:                                                                   

                                                                                 

  **E. Verification Statement**                                                   

  WILLFUL FALSE STATEMENTS MADE                                                   
  ON THIS FORM ARE PUNISHABLE BY                                                 
  FINE AND/OR IMPRISONMENT                                                       

  (U.S. CODE TITLE 18, SECTION                                                    
  1001), AND/OR FORFEITURE (U.S.                                                 
  CODE, TITLE 47, SECTION 503)                                                   

  To the best of my knowledge                                                    
  and belief, the                                                                
  representations made herein                                                    
  are accurate according to the                                                  
  most recent information                                                        
  available.                                                                     

  Name:                                Signature:                                 

  DENNIS HARRIS                                                                   

  Title:                               Date:                                      

  SENIOR VICE PRESIDENT                                                           
  CORPORATE STRATEGY                                                             
  ------------------------------ ----- ------------ -------------- -------- ---- -----

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20054**

**In the Matter of**

**BroadbandConnect, Inc. )**

**)**

**) File No. \_\_\_\_\_\_\_\_**

**)**

**Notice of Intent to Establish )**

**an Open Video System )**

**NOTICE OF INTENT**

**[TO ESTABLISH AN OPEN VIDEO SYSTEM]{.underline}**

BroadbandConnect, Inc., ("BroadbandConnect"), 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), BroadbandConnect respectfully submits the following
information:

1\. The OVS operator is BroadbandConnect, Inc. The contact person for
the operator, Dennis Harris, is located at 5410 Indian Head Highway,
Suite 205, Oxon Hill, MD 20745. Mr. Harris may be reached at (301)
686-1425.

2\. BroadbandConnect's projected service area includes the following
communities:

**[Maryland]{.underline}**

**·**

**· Calvert County County.** BroadbandConnect's open video system will
encompass portions of Caroline County (CUID Nos. MD0250 and MD0259)
including all or portions of the following incorporated communities and
their surrounding areas:

**[Community]{.underline} [CUID Number]{.underline}**

Calvert MD0250

Chesapeake Beach MD0255

North Beach MD0256

Calvert MD0258

Chesapeake Ranch Test MD0259

3\. The open video system will have a maximum of 300 channels available.
Subject to demand from prospective Video Programming Providers ("VPPs"),
BroadbandConnect 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.

4\. VPPs interested in carriage on BroadbandConnect's open video system
may obtain additional information about the system by completing the OVS
Information Request Form (Attachment 1) and submitting it to:

Dennis Harris

5410 Indian Head Highway

Oxon Hill, MD 20745

Suite 205

\(301\) 686-1425

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, BroadbandConnect
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 BroadbandConnect's open video
system. If a VPP decides to seek carriage on BroadbandConnect'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
BroadbandConnect and/or its affiliates. In addition, BroadbandConnect
will utilize approximately Fifteen (15) 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 BroadbandConnect and its affiliates.

6\. The enrollment period for VPPs seeking carriage on
BroadbandConnect's open video system will commence on May 15, 2001 and
will conclude July 16, 2001. 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 June 29, 2001. Allocation of capacity in the
event demand exceeds system capacity will occur as described in
Attachment 2.

7\. Attached is a certification that BroadbandConnect 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 BroadbandConnect's Notice of Intent
has been served on all local franchising authorities which are located
within BroadbandConnect's anticipated OVS service area (Attachment 5).

Respectfully submitted,

BroadbandConnect , Inc.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dennis Harris

Senior Vice President, Corporate Strategy

BroadbandConnect, Inc.

5410 Indian Head Highway

Oxon Hill, MD 20745

###### 

######## CERTIFICATE OF SERVICE

I, Dennis Harris hereby certify that on this 16th day of April, 2001,
copies of the foregoing FCC Form 1275 for BroadbandConnect, Inc.,
application for certification for Open Video System was served via first
class mail 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,

General Manager Vice-President &

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 & General Manager President &

General Manager

WDCA WBDC

5202 River Road 2121 Wisconsin Avenue. N.W. Bethesda, MD 20816 Ste. 350

Attn: Richard H. Williams, Washington, D.C. 20007

Vice President & General Manager Attn: Michael Nurse, General

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-

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

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dennis Harris

# Example of Notification Letter

**(Attached)**

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> April 9, 2001

RE: Notification of OVS Application

Dear Sirs:

BroadbandConnect, Inc. pursuant to Section 651 of the Telecommunications
Act of 1996 and Section 76.1503(b)(1) of the FCC rules, hereby notify
your office of our filing of the application for certification for "Open
Video System" (OVS) as FCC Form 1275 Exhibits.

Comments of opposition to a certification must be filed within five
calendar days f the Commission's receipt of the certification. If, after
making the necessary calculations, the due date for filing comments
falls on a holiday, comments shall be filed on the next business day
before noon, unless the nearest business day. For example, if the fifth
day falls on a Saturday, then the filing will be due on the next day,
Monday, before noon (or Tuesday, before noon if Monday is a holiday).

Parties wishing to respond to a FCC form 1275 filing must submit
comments or oppositions with the Secretary and the Bureau Chief, Cable
Services Bureau. Comments will not be considered properly filed unless
filed with both of these offices. Parties are required to attach a cover
sheet to the filing indicating that the submission is a pleading related
to an open video system application, the only wording of the cover sheet
shall be "Open Video System Certification Application Comments." This
wording shall be located in the center of the page and should be in
letters as least ½ inch in size. Parties shall also include the words
"open video system" on their mailing envelopes.

Respectfully submitted,

BroadbandConnect, Inc.

Dennis Harris

Senior Vice President, Corporate Strategy

###### 

###### 

###### Exhibit 3

**Calvert County.** BroadbandConnect's open video system will encompass
portions of Calvert County (MD Nos. MD0250 and MD0259) including all or
portions of the following incorporated communities and their surrounding
areas:

**[Community]{.underline}** **[CUID Number]{.underline}**

Calvert MD0250

Chesapeake Beach MD0255

North Beach MD0256

Calvert MD0258

Chesapeake Ranch Test MD0259

**Page 1 of 2**

# CERTIFICATE OF SERVICE

I, Dennis Harris, hereby certify that on this 16^th^ day of April, 2001,
copies of the foregoing FCC Form 1275 for BroadbandConnect, Inc.,
application for certification for Open Video System were served via
first class mail on the parties below:

Chairman Michael K. Powell

Federal Communications Commission

445 12^th^ St., SW

Washington, DC 20554

Deborah Klien, Chief

Competition Division

Office of the General Counsel

Federal Communications Commission

Commissioner Harold Furchtgott-Roth

Federal Communications Commission

445 12^th^ St. SW

Washington, DC 20554

Commissioner Susan Ness

Federal Communications Commission

445 12^th^ St. SW

Washington, DC 20554

Commissioner Gloria Tristani

Federal Communications Commission

445 12^th^ St. SW

Washington, DC 20554

Office of the Bureau Chief

Cable Services Bureau

Federal Communications Commission

445 12^th^ St. SW

Washington, DC 20554

Carol Fleming

Cable Services Bureau

Federal Communications Commission

445 12^th^ St., SW

Washington, DC 20554

William H. Johnson

Deputy Chief

Cable Services Bureau

Federal Communications Commission

445 12^th^ St., SW

Washington, DC 20554

Steve Broeckaert

Cable Services Bureau

Federal Communications Commission

445 12^th^ St., SW

Washington, DC 20554

David F. Hale

President 3^rd^ District

Calvert County Commissioners

175 Main Street

Prince Frederick, MD 20678

Barbara A. Stinnett

Vice President

At Large

Calvert County Commissioners

175 Main Street

Prince Frederick, MD 20678

Robert L. Swann

1^st^ District

Calvert County Commissioners

175 Main Street

Prince Frederick, MD 20678

Linda L. Kelley

2^nd^ District

Calvert County Commissioners

175 Main Street

Prince Frederick, MD 20678

John Douglas Parran

At Large

Calvert County Commissioners

175 Main Street

Prince Frederick, MD 20678