**Black Rock Cable**

2544 Mt. Baker Hwy.

Bellingham, WA 98226

360-734-7930

24 May 1999

Office of the Secretary

Federal Communications Commission

445 12th St. SW

Washington, DC 20554

Office of the Bureau Chief

Cable Services Bureau

445 12th St. SW

Washington, DC 20554

OPEN VIDEO SYSTEM NOTICE OF INTENT COVER LETTER

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 Notice of Intent for Black Rock Cable.

Sincerely,

John J. Kehres,

Black Rock Cable, Inc.

Open Video System Notice of Intent

Attention:

Cable Services Bureau

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20054**

**In the Matter of )**

**)**

**Black Rock Cable )**

**d/b/a Black Rock Cable, Inc. )**

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

**)**

**Notice of Intent to Establish )**

**an Open Video System )**

**NOTICE OF INTENT**

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

Black Rock Cable d/b/a Black Rock Cable, Inc. (Black Rock), pursuant to
the Telecommunications Act of 1996 and Section 76.1503 (b) (1) of the
Commission's Rules, hereby submits its Notice of Intent to establish an
open video system (OVS). As required by Section 76.1503 (b) (1), Black
Rock respectfully submits the following information:

**NAME AND ADDRESS**

The OVS operator is Black Rock Cable, Inc. The contact person for the
operator, Mr. John J. Kehres, is located at 2544 Mt. Baker Hwy,
Bellingham, Washington 98226. Mr. Kehres may be reached at (360)
734-7930. MAK1997100@AOL.COM

**SERVICE AREA**

Black Rock's projected service area is currently limited to the city
limits of Bellingham, Washington, population of about 70,000. Black Rock
has obtained an OVS franchise from the City that fully confirms the
reduced regulatory intent of Congress. Additionally, Black Rock has
obtained OVS certification for Whatcom, Skagit and Snohomish counties
and all of the municipalities along the I-5 corridor within those
counties but has not yet requested access to the rights-of-way.

**CHANNEL CAPACITY**

Although Black Rock's Form 1275 indicated an anticipated 60 analog
channels and 100Mhz of digital capacity and our initial concept is to
construct a two-way hybrid fiber coax network, Black Rock's intent is to
work with prospective Video Programming Providers ("VPP's"), to develop
specific distribution architectures and bandwidths that will satisfy
their needs. Black Rock intends to interpret the meaning of VPP's
broadly to include bundled service providers, cable television
providers, data service providers, telephony providers and other service
providers. Based upon interest, Black Rock may opt to allocate all of
the bandwidth to one or more unaffiliated VPP's and only provide
construction services and plant maintenance. In any event, the selected
solution will satisfy VPP's requests and comply with all OVS rules and
regulations.

**CARRIAGE APPLICATION**

VPP's interested in carriage on Black Rock's open video system may
obtain additional information about the system by completing the OVS
Information Request Form (Attachment 1) and submitting it to:

John Kehres

2544 Mt. Baker Hwy.

Bellingham, WA 98226

\(360\) 734-7930

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, Black Rock will
provide the VPP with additional information regarding carriage on the
open video system.

**ENROLLMENT PERIOD**

The enrollment period for VPP's seeking carriage on Black Rock's open
video system will commence on May 24, 1999 and will conclude August 31,
1999.

**ALLOCATION OF CAPACITY**

For the purposes of bandwidth allocation, Black Rock will establish
three classes of VPP's, 1) bundled service providers, 2) cable, data or
telephony service providers and 3) other service providers. Initial
qualification will require that the VPP's meet financial, legal and
technical requirements. If the VPP meets those requirements, access to
capacity will be based upon a bidding process if necessary.

**CERTIFICATION AND NOTIFICATION REQUIREMENTS**

Attached is a certification that Black Rock has complied with all
relevant notification 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 2). Also attached
is a certificate of service showing that Black Rock's Notice of Intent
has been served on all local franchising authorities which are located
within Black Rock's anticipated OVS service area (Attachment 3).

Respectfully submitted,

Black Rock Cable, Inc.

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

John J. Kehres

2544 Mt. Baker Hwy.

Bellingham, WA 98226

\(360\) 734-7930

Dated: May 24, 1999

**Attachment 1**

**BLACK ROCK CABLE, INC.**

**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**

VPP TYPE BANDWIDTH REQUIREMENTS

Downstream Upstream

Bundled Services Provider \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Cable, Telephony or Data Provider \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(circle one)

Other Service Provider \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Section III: Certification and Non-Disclosure Statement**

The undersigned potential video programming provider ("VPP") represents
to Black Rock Cable d/b/a Black Rock Cable, Inc. ("Black Rock Cable")
the open video system operator, 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 Black Rock's open
video system service area, and that the capacity requested will only be
used for the commercial operation of a cable, data and/or telephony
service. The VPP and its affiliates agree not to disclose to any other
party the information provided by Black Rock Cable 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 Black Rock's open
video system and the subsequent activation of such enrollment, if any.

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

Signature Name Title Date

**[Attachment 2]{.underline}**

**[CERTIFICATION]{.underline}**

I, John Kehres, hereby certify that on this 19th day of May,1999, I
caused must-carry/retransmission consent election notifications to be
sent by first class mail to all General Managers of the commercial and
noncommercial television stations, listed below, operating within Black
Rock Cable, Inc.'s open video system television market.

KSTW

2033 6th

Seattle, WA 98121-2506

KVOS

1151 Ellis St.

Bellingham, WA 98225-5203

KWPX

701 5th Suite 4370

Seattle, WA 98104-7016

KBTC

1101 S. Yakima Ave.

Tacoma, WA 98405

KCPQ

820 A St. Suite 560

Tacoma, WA 98402-5212

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

John Kehres, President

Black Rock Cable, Inc.

KCTS

401 Mercer St.

Seattle, WA 98109-4640

KING

333 Dexter N

Seattle, WA 98109-5107

KIRO

2807 3rd Ave.

Seattle, WA 98121-1242

KOMO

100 Fourth Ave. N

Seattle, WA 98109-4932

KONG

333 Dexter N

Seattle, WA 98109-5107

KSTW

2320 S. 19th

Tacoma, WA 98405-2946

KTBW

1909 S 341st Pl.

Federal Way, WA 98003-6860

KTZZ

945 Dexter N

Seattle, WA 98109-3515

KBCB

4164 Meridian St.

Bellingham, WA 98226

**[Attachment 3]{.underline}**

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

I, John Kehres, hereby certify that on this 19th day of May, 1999, a
copy of the foregoing Black Rock Cable, Inc. Notice of Intent to Operate
an Open Video System in Bellingham, Washington was served via hand
delivery on the party listed below.

Mr. Mark Asmundson, Mayor

The City of Bellingham

210 Lottie St.

Ballingham, WA 98225

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

John Kehres, President

Black Rock Cable, Inc.