**OPEN VIDEO SYSTEM**

**NOTICE**

**OF INTENT**

**ATTENTION:**

**MEDIA BUREAU**

**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, DC 20554**

In the Matter of )

)

UTC Video Concepts, LLC )

)

Notice of Intent to Establish )

An Open Video System )

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

UTC Video Concepts, LLC ("UTC"), 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").[^1] As required by section
76.1503(b)(1), UTC respectfully submits the following information:

1\. **[OVS Operator]{.underline}.** The name, address and telephone
number of the OVS operator is UTC Video Concepts, LLC, 120 Taylor
Street, P.O. Box 38, Chapel Hill, Tennessee, 37034, (931) 364-2289. The
contact person is Herbert R. Bivens, General Manager.

2\. **[Projected Service Area]{.underline}.** UTC\'s projected OVS
service area encompasses the following counties in Tennessee: Davidson,
Williamson, Rutherford, Marshall, Franklin, Maury and Moore. UTC
currently does not provide OVS service, but it does provide cable
service in a number of areas pursuant to cable franchises. UTC 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}.** UTC projects that its
channel capacity will be 150 digital switched channels. The head end for
the UTC's OVS is located in Glasgow, Kentucky, where signals are
aggregated. Local signal collection points are also located at Mt.
Herman and Buffalo, Kentucky. In general, signals on the OVS are
delivered on a protected fiber ring to an ATM switch and then out to
numerous Broadband Digital Terminals ("BDTs"). From the BDTs, the
signals are then distributed to subscribers via fiber-to-the-curb or
fiber-to-the-neighborhood and then ADSL II or VDSL to the residence.

4\. **[Carriage Applications and Inquiries]{.underline}.** Potential
video programming providers interested in carriage on UTC\'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 Herbert R. Bivens at UTC Video Concepts, LLC, 120 Taylor Street,
Chapel Hill, Tennessee, 37034. If a potential video program provider has
questions concerning the completion of this form, Mr. Bivens can be
reached by telephone at (931) 364-2289.

Pursuant to Section 76.1503(b)(2) of the Commission\'s Rules, UTC will
provide a potential video programming provider with additional
information regarding the OVS system within five (5) business days after
UTC'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 the UTC 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 UTC\'s OVS
system will commence on the date the FCC issues a Public Notice of the
filing of this Notice of Intent and end ninety days after the Commission
places this Notice of Intent on Public Notice.

6\. **[Allocation of Capacity]{.underline}.** In accordance with Section
76.1503(c), if the total demand for carriage by all video programming
providers exceeds the activated channel capacity of UTC's OVS system,
then UTC and its affiliates will only select video programming for no
more than one-third of its system capacity. The remaining capacity will
be allocated, first, to carry "must carry" local television stations
(§ 75.1506) and public, educational and governmental ("PEG") access
channels (§ 74.1505), and then offered to unaffiliated video programming
providers proportionally in accordance with the process in Attachment
2**.**

7\. **[Notification Requirements]{.underline}.** UTC 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 3.
Also included, as Attachment 4, is a Certificate of Service showing that
this 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,
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Pantelis Michalopoulos
>
> Carlos Nalda
>
> Chung Hsiang Mah
>
> Steptoe & Johnson [llp]{.smallcaps}
>
> 1330 Connecticut Avenue NW
>
> Washington, DC 20036
>
> Tel: (202) 429-3000
>
> Fax: (202) 429-3902
>
> *Counsel for UTC Video Concepts LLC*

Dated: February 4, 2004

**Attachment 1**

**UTC VIDEO CONCEPTS, LLC**

**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 UTC Video Concepts, LLC
("UTC") 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 UTC\'s open video
system service area, and that the capacity requested will be used only
for the 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 UTC 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 to whether to enroll in UTC\'s open video
system and the subsequent activation of such enrollment, if any.

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

Signature Printed Name and Title

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

Please mail to:

Herbert R. Bivens

General Manager

UTC Video Concepts, LLC

120 Taylor Street

Chapel Hill, Tennessee 37034

# **Attachment 2**

**UTC VIDEO CONCEPTS, LLC**

**OPEN VIDEO SYSTEM**

**CHANNEL ALLOCATION PROCESS**

UTC Video Concepts, LLC's ("UTC") total system capacity on its open
video system is 150 switched digital channels. This channel allocation
process applies when total demand for carriage exceeds UTC's channel
capacity.

UTC encourages Video Programming Providers ("VPPs") to submit initial
capacity requests within 90 days of the this Notice of Intent being
placed on public notice by the Commission. 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,
UTC will select the VPPs for 50 channels. Channels will then be
allocated to "must carry" local television stations, and to public,
educational and governmental ("PEG") access channels.

Allocation of capacity to other VPPs will be as follows. Each VPP
requesting fewer than 3 channels will receive its requested channels.
VPP's requesting 3 or more channels will receive a minimum of 3 channels
(capacity permitting). If there is any capacity left over, that capacity
will be allocated proportionally based on the ratio between the total
number of remaining channels divided by the total number of outstanding
channels requested by VPPs. Each VPP's outstanding channel requests are
then multiplied by the ratio to determine the additional channels
(rounded down) allocated to that VPP. Any channels left over because of
rounding will be allocated by lottery among the VPPs that still have
outstanding channel requests.

The following example illustrates how this process would work. After the
allocation of UTC's 50 channels and 6 "must-carry" and PEG channels,
there are 94 channels left for allocation. Suppose that 5 VPPs request a
total of 120 channels: A and B request 2 channels each, C and D request
25 channels each, and E requests 66 channels. Under this allocation
process, A and B would receive 2 channels each, and C, D and E would
receive their minimum of up to 3 channels (a total of 13 channels
allocated). This leaves 107 channels requested and 81 channels available
for allocation. The ratio of available channels to requested channels is
therefore 81/107 = 0.76. Each of the VPPs outstanding channel requests
is then multiplied by this ratio to obtain the number of additional
channels each would receive. C and D each have 22 outstanding channel
requests, so each will receive an addition allocation of 22 x 0.76 = 16
channels each (rounded down). E has 63 outstanding channel requests and
would receive 47 channels (rounded down). Total channels allocated is
now 79 channels. The remaining two available channels will then be
allocated among C, D and E by lottery.

UTC will mail a notification to each VPP to confirm the channel
allocation within 2 weeks of the close of the initial enrollment period.
Any VPP that is allocated fewer channels than it initially requested may
withdraw its channel capacity request by notifying UTC by mail.
Cancellations must be received within five (5) business days of receipt
of the channel capacity allocation notification. Channel capacity made
available through the withdrawal of one or more VPPs will be reallocated
on a proportional basis to the remaining VPPs who did not receive their
full request. If channels are reallocated in this way, UTC will mail a
notification to each remaining VPP to confirm the final channel capacity
allocation within five weeks of the initial channel capacity allocation
notification.

# **Attachment 3**

# [CERTIFICATION]{.underline}

# 

I, Cheryl Bowman, hereby certify that before February 3, 2004,
must-carry-retransmission consent election notifications were sent to
all commercial and noncommercial television stations operating within
UTC Video Concepts, LLC's open video system service area, as listed
below. Each of them has already responded to the notification.

**[Letters Sent]{.underline} [Response Received]{.underline}**

Mr. Mike Sechrist/Ms. Michelle Dube March 20, 2003

Program Director

WKRN-Channel 2

441 Murfreesboro Rd.

Nashville, TN 37210

Mr. Steve Ramsey/Mike Nichols January 21, 2003

General Manager

WSMV 4

5700 Knob Road

Nashville, TN 37209

Ms Cheryl Tolbert/Deborah F. Turner April 1, 2003

WTVF/News Channel 5

474 James Robertson Pkwy.

Nashville, TN 37219

Mr. David Birdsong/Mark Dillion August 7, 2003

WZTV-Fox 17 & WUXP UPN -30

631 Mainstream Drive

Nashville, TN 37228

Mr. Steve Bass July 22, 2003

Nashville Public Television Channel 8 (WNPT)

161 Rains Ave.

Nashville, TN 37203

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Cheryl Bowman
>
> Customer Service Supervisor

**Attachment 4**

[CERTIFICATE OF SERVICE]{.underline}

I, [Herbert R. Bivens]{.underline}, hereby certify that I mailed on
February 4, 2004, the foregoing NOTICE OF INTENT TO ESTABLISH AN OPEN
VIDEO SYSTEM by first class U.S. mail, postage prepaid, to the following
officials of the local cable franchising authorities within UTC's
certified open video system area:

+-----------------------------------+-----------------------------------+
| Patrick Willard                   | Nancy Thompson                    |
|                                   |                                   |
| Davidson County Mayor's Office    | Clerk of Maury County             |
|                                   |                                   |
| 107 Metro Courthouse              | 41 Public Square                  |
|                                   |                                   |
| Nashville, TN 37201               | Columbia, TN 38401                |
+-----------------------------------+-----------------------------------+
| Bobby Schloesser                  | Peggy Gettis                      |
|                                   |                                   |
| County Attorney                   | Metropolitan and County Executive |
|                                   | of Moore County                   |
| Williamson County                 |                                   |
|                                   | Public Square County Court House  |
| C/- Buerger Moseley & Carson, PLC |                                   |
|                                   | P.O. Box 206                      |
| 306 Public Square                 |                                   |
|                                   | Lynchburg, TN 37352               |
| Franklin Tennessee 37064          |                                   |
+-----------------------------------+-----------------------------------+
| Monty Adams                       | Nancy Allen                       |
|                                   |                                   |
| Mayor of Franklin County          | County Executive of Rutherford    |
|                                   | County                            |
| 1 S Jefferson Street              |                                   |
|                                   | County Courthouse                 |
| Winchester, TN 37398              |                                   |
|                                   | Murfreesboro, TN 37130            |
+-----------------------------------+-----------------------------------+
| Terry Wallace                     |                                   |
|                                   |                                   |
| Ciounty Executive of Marshall     |                                   |
| County                            |                                   |
|                                   |                                   |
| 1108 Court House Annex            |                                   |
|                                   |                                   |
| Lewisburg, TN 37091-3353          |                                   |
+-----------------------------------+-----------------------------------+

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

\[Example of Letter to Cable Franchising Authority\]

\[UTC Video Concepts, LLC letterhead\]

February 4, 2004

\[Name\]

\[Title\]

\[Address\]

\[Address\]

Re: **UTC Video Concepts, LLC**

**Notice of Intent to Establish an Open Video Systems**

Dear Sir or Madam

Please find attached a copy of UTC Video Concepts, LLC's ("UTC") Notice
of Intent to Establish an Open Video System filed with the Federal
Communications Commission ("FCC") today. UTC will begin service your
county, starting with portions of the county, and will offer its
subscribers up to 150 channels of television programming.

Under FCC rules, this notice is required to be served on the County in
its capacity as the local cable franchising authority entitled to
establish requirements concerning the designation of channels for
public, educational and governmental use. Looking forward, we would very
much like to work with you in a constructive spirit and discuss
reasonable requirements that you believe may be appropriate, including
the payment of a fee comparable to the franchise fee payable by the
local cable operator.

Please contact me at 931/364-4322 if you have any questions about this
notice.

> Sincerely,
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Herbert R. Bivens
>
> General Manager
>
> UTC Video Concepts, LLC

[^1]: ^?^ UTC Video Concepts, LLC received certification to operate an
    open video system in the projected service areas on November 10,
    2003. *See* *UTC Video Concepts, LLC*, Memorandum Opinion and Order,
    DA 03-3615 (Nov. 10, 2003).