**OPEN VIDEO SYSTEM**

**NOTICE**

**OF INTENT**

**ATTENTION:**

**CABLE SERVICES BUREAU**

**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, DC 20554**

In the Matter of )

)

Paul Bunyan Rural Telephone Cooperative ) File No. \_\_\_\_\_\_\_

)

Notice of Intent to Establish )

An Open Video System )

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

Paul Bunyan Rural Telephone Cooperative (Paul Bunyan), pursuant to
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), Paul Bunyan respectfully submits the following
information:

1\. **[OVS Operator]{.underline}.** The name, address and telephone
number of the OVS Operator is Paul Bunyan Rural Telephone Cooperative,
1831 Anne Street NW (Suite 100), Bemidji, Minnesota 56601. The contact
person is Keith Hunt, the Video Services Coordinator for Paul Bunyan.
Mr. Hunt can be reached by mail at the above street address, by
telephone at (218) 444-1234, by facsimile at (218) 444-1121, and by
e-mail at kbhunt@paulbunyan.net.

2\. **[Projected Service Area]{.underline}.** Paul Bunyan\'s projected
initial OVS service area is the City of Solway in Beltrami County,
Minnesota, and the following six Beltrami County townships: Northern,
Bemidji, Grant Valley, Turtle Lake, Jones and Lammers. Paul Bunyan also
has obtained OVS certification for the City of Bemidji in Beltrami
County, but will not commence provision of OVS service to residents of
that city unless and until certain issues regarding local regulation are
resolved. Paul Bunyan is likely to request additional certification from
the Federal Communications Commission during the next several years to
expand its OVS service area.

3\. **[Projected Channel Capacity]{.underline}.** Paul Bunyan is
providing OVS service over telephone lines via the NEXTLEVEL platform.
This is essentially a switched digital service, wherein the programming
services are situated in a server and each customer can select up to
three programming services at any given moment. Paul Bunyan anticipates
that it will have available as many as 250 channel input ports.

4\. **[Carriage Applications and Inquiries]{.underline}.** Potential
video programming providers interested in carriage on Paul Bunyan\'s
open video system may obtain additional information about the system by
completing the attached OVS Information Request Form (Attachment 1) and
mailing it to Keith Hunt at Paul Bunyan Rural Telephone Cooperative,
1831 Anne Street, Bemidji, Minnesota 56601. If a potential video program
provider has questions concerning the completion of this form, Mr. Hunt
can be reached by telephone at (218) 444-1234 and by e-mail at
kbhunt@paulbunyan.net.

Pursuant to Section 76.1503(b)(2) of the Commission\'s Rules, Paul
Bunyan will provide a potential video programming provider with
additional information regarding the OVS system within five (5) business
days after Paul Bunyan\'s receipt by mail of a completed OVS Information
Request Form. The potential video programming provider will be furnished
at that time with additional information regarding carriage on Paul
Bunyan\'s OVS system. This information will include application forms
that must be completed, technical information, equipment requirements,
rate estimates, application fees and reservation deposits, and
qualification requirements.

5\. **[Initial Enrollment Period]{.underline}.** The initial enrollment
period for video programming providers seeking carriage on Paul
Bunyan\'s OVS system will commence on May 25, 2001 and end on August 31,
2001.

6\. **[Allocation of Capacity]{.underline}.** Paul Bunyan does not
expect to experience any capacity constraints on its OVS system. If the
aggregate capacity needs of (a) local commercial and non-commercial
television stations carried pursuant to Section 76.1506 of the
Commission\'s Rules, (b) public, educational and governmental (PEG)
access channels furnished pursuant to Section 76.1505 of the
Commission\'s Rules, (c) Paul Bunyan and its affiliates, and (d)
unaffiliated video programming providers exceed the actual capacity of
Paul Bunyan\'s OVS system, then Paul Bunyan and its affiliates will not
select the video programming services for carriage on more than
one-third of the activated channel capacity of the OVS system. If
aggregate capacity needs exceed actual OVS system capacity, unaffiliated
video programming providers will be offered portions of the residual
capacity (after local television stations, PEG access channels and Paul
Bunyan\'s one-third share are accommodated) on the following basis: each
unaffiliated video programming provider will be offered an equal
proportionate amount of its requested capacity.

7\. **[Notification Requirements]{.underline}.** Paul Bunyan has
complied with all relevant notification requirements under Section
76.1506 of the Commission\'s open video system regulations concerning
must-carry and retransmission consent. A list of all local commercial
and non-commercial television stations served is included as Attachment
2. Also included is a Certificate of Service showing that the present
Notice of Intent has been served on all local cable franchising
authorities entitled to establish requirements concerning the
designation of channels for public, educational and governmental use.

> Respectfully submitted,
>
> **PAUL BUNYAN RURAL TELEPHONE**
>
> **COOPERATIVE**
>
> By\_\_\_\_\_\_[/s/]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Gerard J. Duffy
>
> Its Counsel

Blooston, Mordkofsky, Dickens

Duffy & Prendergast

2120 L Street, NW, Suite 300

Washington, DC 20037

Phone: (202) 659-0830

Fax: (202) 828-5568

E-mail: gjd@bloostonlaw.com

Dated: May 18, 2001

Attachment 1

**PAUL BUNYAN RURAL TELEPHONE COOPERATIVE**

**OPEN VIDEO SYSTEM INFORMATION REQUEST FORM**

**[SECTION I]{.underline}: [Identification of Potential Video
Programming Provider]{.underline}**

Name of Entity:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address of Entity:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

Telephone No.:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Facsimile No.:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**[SECTION II]{.underline}: [Carriage Information]{.underline}**

Total amount of capacity requested: \_\_\_\_\_\_\_\_\_\_ channels

**[SECTION III]{.underline}: [Certification and Non-Disclosure
Statement]{.underline}**

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 Paul Bunyan open video system, and
that it has no formal or informal affiliation (as defined by Section
76.1500(g) of the FCC Rules) or agreement with any other VPP requesting
capacity or with any cable operator providing cable television services
within Paul Bunyan\'s open video system service area, and that the
capacity requested will be used only for the commercial operation of a
video program distribution service. The VPP and its affiliates,
employees and agents agree not to disclose to any other party the
information provided by Paul Bunyan in response to this request, except
for information that was previously in the public domain and except as
provided in Section 76.1513(j) of the FCC Rules, and that they will not
use the information for any purpose whatsoever other than making an
informed decision as too whether to enroll in Paul Bunyan\'s open video
system and the subsequent activation of such enrollment, if any.

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

Signature Printed Name and Title

Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Please mail to:

Keith Hunt

Paul Bunyan Rural Telephone Cooperative

1831 Anne Street NW, Suite 100

Bemidji, MN 56601

Attachment 2

**NAMES AND ADDRESSES OF LOCAL**

**[COMMERCIAL AND NON-COMMERCIAL TELEVISION STATIONS
SERVED]{.underline}**

KARE/Ch 11 NBC

8811 Olson Memorial Hwy

Minneapolis, MN 55427

KAWE/Ch 9 PBS

BSU Box 9 1500 Birchmont Dr.

Bemidji MN 56601

KMSP/Ch 9 UPN

11358 Viking Drive

Eden Praire, MN 55344

KMWB/Ch 23 WB

1640 Como Ave.

St. Paul, MN 55108

KPXM/Ch 41 PAX

10700 Old County Rd. 15 Ste 285

Plymouth, MN 55441

KSTP/Ch 5 ABC

3415 University Ave

Minneapolis, MN 55414

WCCO/Ch 4 CBS

90 S. Eleventh St.

Minneapolis, MN 55403

WFTC/Ch 29 FOX

1701 Broadway St. NE

Minneapolis, MN 55413

KVLY/Ch 11 NBC

P.O. Box 1878

Fargo, ND 58107

KCCO/Ch 7 CBS

720 Hawthorne St.

Alexandria, MN 56308

KTCA/Ch 2 PBS

172 East 4^th^ St.

St. Paul, MN 55101

KSAX/Ch 42 ABC

415 Fillmore St.

Alexandria, MN 56308

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

I, Gerard J. Duffy, an attorney with the law firm of Blooston,
Mordkofsky, Dickens, Duffy & Prendergast, hereby certify that I mailed
on this 18th day of May, 2001, the foregoing NOTICE OF INTENT TO
ESTABLISH AN OPEN VIDEO SYSTEM by first class U.S. mail, postage
prepaid, to the following city and town clerks of the local cable
franchising authorities within Paul Bunyan Rural Telephone
Cooperative\'s certified open video system area:

Shirley Sherman, City Clerk

City of Bemidji, Minnesota

317 4th Street

Bemidji, MN 56601

Arlis Thompson, City Clerk

City of Solway, Minnesota

PO Box 82

Solway, MN 56678

Mary Israelson, Clerk

Northern Township

445 Town Hall Rd NW

Bemidji, MN 56601

Lanee Paulson, Clerk

Bemidji Township

3518 Kaymar Court, SE

Bemidji, MN 56601

Angela Schmidt, Clerk

Grant Valley Township

PO Box 942

Bemidji, MN 56619-0942

Roger Schouten, Clerk

Turtle Lake Township

12537 Idlewild Drive NE

Bemidji, MN 56601

Peggy Boyer, Clerk

Lammers Township

Rt. 1, Box 1255

Solway, MN 56678

Diana Jensen, Clerk

Jones Township

Rt. 1, Box 5096

Solway, MN 56678

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

Gerard J. Duffy