Open Video System Notice of Intent

Attention:

Media Bureau

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20054**

**In the Matter of )**

**)**

**RCN-BecoCom, LLC )**

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

**)**

**Notice of Intent to Establish )**

**an Open Video System )**

**NOTICE OF INTENT**

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

RCN-BecoCom, LLC ("RCN-BecoCom"), pursuant to Section 651 of the
Telecommunications Act of 1996 and Section 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), RCN-BecoCom respectfully submits the following
information:

1\. The OVS operator is RCN-BecoCom, LLC, with its principal offices
located at 201 University Avenue, Westwood, Massachusetts 02090. The
contact person for the operator, Thomas K. Steel, Jr., is located at
this same address. Mr. Steel may be reached at (781) 381-2723.

2.  RCN-BecoCom's service area is located in the City of Boston (CUID
    No. MA0358). The boundaries of RCN-BecoCom's service area are
    located within the neighborhoods of Allston-Brighton, Hyde Park,
    West Roxbury, and Boston Proper. RCN-BecoCom has a principal headend
    and hub site located at 105 West First Street, South Boston,
    Massachusetts.

RCN-BecoCom utilizes ancillary hub sites at the following locations:

155 N. Beacon Street, Allston-Brighton, MA 02135

425 Boylston Street, Boston, MA 02116

1224 Hyde Park Avenue, Hyde Park, MA 02136

41 Averton Street, Roslindale, MA 02131

These hub sites are served by and technically integrated with the
principal headend. RCN serves the general population within this OVS
service area.

3\. The open video system will have an anticipated maximum capacity of
330 analog channels available, each consisting of 6‑MHz analog capacity.
The open video system will also be capable of delivering an anticipated
maximum capacity of 678 digital channels.

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

Thomas K. Steel, Jr.

201 University Avenue

Westwood, MA 02090

\(781\) 381-2723

Pursuant to 47 C.F.R. § 76.1503(b)(2) of the FCC's rules, within five
business days of RCN-BecoCom's receipt of a request for information,
RCN-BecoCom 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 also will be provided with additional
forms and instructions necessary for carriage on RCN-BecoCom's open
video system. If a VPP decides to seek carriage on RCN-BecoCom'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,
or within 10 business days of the receipt of the information, whichever
is later.

5\. One third of the system's maximum capacity will be set aside for
RCN-BecoCom and/or its affiliates. In addition, RCN-BecoCom will utilize
approximately eleven (11) channels to carry public programs, educational
programs, governmental programs and those "must-carry" 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
RCN-BecoCom and its affiliates.

6\. The enrollment period for VPPs seeking carriage on RCN-BecoCom's
open video system will commence on the date the Commission releases its
Public Notice of this Notice of Intent and will expire ninety days after
the Public Notice release date. In order to allow for contract
finalization, ensure orderly channel allocation and allow timely systems
allocation to occur, RCN-BecoCom encourages VPPs to submit their
preliminary enrollment requests as soon as possible within this
ninety-day period. Allocation of capacity in the event demand exceeds
system capacity will occur as described in Attachment 2.

7\. Attached is a certification that RCN-BecoCom has complied with all
relevant requirements under the FCC's open video system regulations
concerning must-carry and retransmission consent (47 C.F.R. §§76.64,
76.1506) (Attachment 3). Also attached is a certificate of service
showing that RCN-BecoCom's Notice of Intent has been served on all local

franchising authorities located within RCN-BecoCom's anticipated OVS
service area (Attachment 4).

Respectfully submitted,

RCN-BecoCom, LLC

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

Kathy L. Cooper

L. Elise Dieterich

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP

3000 K Street, N.W., Suite 300

Washington, D.C. 20007

\(202\) 424-7500 (Tel)

\(202\) 424-7645 (Fax)

Dated: May 2, 2003

**Attachment 1**

**RCN-BECOCOM, LLC**

**OPEN VIDEO SYSTEM**

**INFORMATION REQUEST FORM**

**Section I: Video Programming Provider Information**

Name of Company:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Contact:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Telephone:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Facsimile:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

E-mail address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Section II: Carriage Information**

Total amount of capacity requested : (1) \_\_\_\_ analog channels

> \(2\) \_\_\_\_ digital 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 RCN-BecoCom
("RCN-BecoCom") open video system, and that it is not a competing,
in-region, cable operator and has no 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 to subscribers located within RCN-BecoCom's open
video system service area, and that the capacity requested will only be
used for the commercial operation of a cable service. The VPP and its
affiliates agree not to disclose to any other party the information
provided by RCN-BecoCom 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 for any purpose whatsoever other than making an informed
decision as to whether to enroll in RCN-BecoCom's open video system and
the subsequent activation of such enrollment, if any.

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

Signature Name Title Date

**Attachment 2**

**Page 1 of 2**

**RCN BECO-COM, LLC**

**OPEN VIDEO SYSTEM**

**CHANNEL ALLOCATION PROCESS**

RCN-BecoCom, LLC's ("RCN-BecoCom") anticipated total system capacity on
its open video system for analog channels is 330, 6 MHz channels and for
digital, 678 channels.

Initial capacity requests should be submitted by the end of the 90-day
open enrollment period. 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 for the
analog channels where demand for carriage exceeds system capacity:

The following allocations already have been made. RCN-BecoCom will have
110 analog channels for video programming + approximately 11 channels
for the PEG/Must Carry requirements. The remaining number of channels to
be allocated is 209. Assuming that there is a request for 400 channels
from multiple VPPs, the allocation process is as follows:

A

B

C

D

E

F

Total

Channels

[Requested]{.underline}

2

6

22

110

150

110

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

400

Minimum

[Allocation]{.underline}

2

6

6

6

6

6

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

32

Remaining

[Chnls Requested]{.underline}

0

0

16

104

144

104

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

368

Ratio of Rmng Chnl Avlble to Rmng Chnl [Requested]{.underline}\_\_

\_

.48

.48

.48

.48

No. of

Channels

[Allocated]{.underline}

2

> 6

13

56

76

56

209

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 177 (209
channels minus 32 channels).

The number of available channels to be allocated on a pro rata basis
(177) is divided by the remaining number of channels requested (368),
which equals .48. This factor is used to calculate the distribution of
the remaining 177 channels to VPPs C through F.

The remaining channels requested by VPPs C through F are multiplied by
the pro rata factor (.48) to determine the number of channels the VPPs
will be allocated in addition to the six channel minimum. For example,
VPP C has been allocated the six channel minimum and has 16 remaining
channels requested. The pro rata factor (.48) is multiplied by 16 to
obtain the seven additional channels to be allocated to VPP C. The seven
channels plus the six channel minimum give VPP C a total of 13 channels
allocated. Fractions of channels have been rounded to the nearest whole
number, provided that the sum of all allocations does not exceed the
total number of available channels.

This same process will be applied to requests for digital capacity.

RCN-BecoCom will mail a notification to each VPP to confirm the channel
capacity allocation no later than 45 days after the expiration of the
90-day open enrollment period. Any VPP that is allocated fewer channels
than it initially requested may withdraw its channel capacity request by
notifying RCN-BecoCom by mail. Cancellations must be received no later
than five business days from receipt of the notification. 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. RCN-BecoCom will mail a notification to each
remaining VPP to confirm the final channel capacity allocation no later
than 90 days after the expiration of the open enrollment period.

**[CERTIFICATION]{.underline}**

I, John Murawski, hereby certify that RCN-BecoCom, LLC, is in compliance
with sections 76.1506(l) and 76.64 of the Commission's rules, 47 C.F.R.
§§ 76.64, 76.1506(l), governing retransmission consent and must-carry
elections.

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

Name: John Murawski

Title: Director of Programming

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**[CERTIFICATE OF SERVICE]{.underline}**

I, Kathy L. Cooper, hereby certify that copies of the foregoing Notice
of Intent of RCN-BecoCom, LLC, were served on the parties listed below,
on the 2^nd^ day of May 2003:

**[VIA HAND DELIVERY]{.underline}**:

+-----------------------------------+-----------------------------------+
| W. Kenneth Ferree, Chief          | Steve Garner                      |
|                                   |                                   |
| Media Bureau                      | Media Bureau                      |
|                                   |                                   |
| Office of the Bureau Chief        | Federal Communications            |
|                                   | Commission\                       |
| Federal Communications            | 445-12th Street, SW\              |
| Commission\                       | Washington, DC 20554              |
| 445-12th Street, SW\              |                                   |
| Washington, DC 20554              |                                   |
+-----------------------------------+-----------------------------------+
| Sonia Greenaway-Mickle            | Marlene H. Dortch, Secretary      |
|                                   |                                   |
| Media Bureau                      | Federal Communications Comm.      |
|                                   |                                   |
| Federal Communications            | Portals II, 445 Twelfth Street    |
| Commission\                       |                                   |
| 445-12th Street, SW\              | Lobby, S.W., Room TW-A325         |
| Washington, DC 20554              |                                   |
|                                   | Washington, D.C. 20554            |
+-----------------------------------+-----------------------------------+
| **[VIA FEDERAL                    |                                   |
| EXPRESS]{.underline}:**           |                                   |
+-----------------------------------+-----------------------------------+
| Rosaria Salerno, City Clerk       | Mike Lynch, Director              |
|                                   |                                   |
| City of Boston                    | Office of Telecommunications      |
|                                   |                                   |
| City Clerk Room 601               | 43 Hawkins Street                 |
|                                   |                                   |
| Boston, MA 02201                  | Boston, MA 02114                  |
+-----------------------------------+-----------------------------------+
| Charles J. Beard, Esq.            |                                   |
|                                   |                                   |
| Foley, Hoag & Eliot LLP           |                                   |
|                                   |                                   |
| One Post Office Square            |                                   |
|                                   |                                   |
| Boston, MA 02109                  |                                   |
+-----------------------------------+-----------------------------------+

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Kathy L. Cooper