**OPEN VIDEO SYSTEM NOTICE OF INTENT**

**ATTENTION:**

**MEDIA BUREAU**

![](media/image1.png){width="2.5444444444444443in"
height="0.6527777777777778in"}

Jean L. Kiddoo\
Danielle C. Burt

Direct Phone: (202) 373-6039

Direct Fax: (202) 424-7647

May 22, 2006

![](media/image2.png){width="1.4166666666666667in"
height="4.28125in"}Via Courier

Donna C. Gregg, Chief

Media Bureau, Office of the Bureau Chief

Federal Communications Commission

445-12th Street, SW

Washington, DC 20554

Re: EasyTEL Communications Carrier Corporation\
Notice of Intent to Establish an Open Video System

Dear Ms. Gregg:

Enclosed for filing is EasyTEL Communications Carrier Corporation's
("EasyTEL") Notice of Intent to establish an Open Video System in the
City of Bixby, Oklahoma. We have also enclosed a copy of this filing on
diskette in Word format. Easytel respectfully requests that the
Commission place this Notice of Intent on public notice as expeditiously
as possible.

Pursuant to section 76.1503 of the Commission's rules, a copy of this
Notice of Intent is being served on the City of Bixby.

If you have any questions concerning this filing, please do not hesitate
to contact the undersigned at 202-373-6039.

Respectfully submitted,

Jean L. Kiddoo

Danielle C. Burt

Counsel for EasyTEL Communications Carrier Corporation

cc: Service List\
T.E. Kloehr (EasyTEL)

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20054**

In the Matter of )

EASYTEL COMMUNICATIONS )

CARRIER CORPORATION )

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

)

Notice of Intent to Establish )

an Open Video System )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_)

**NOTICE OF INTENT**

**TO ESTABLISH AN OPEN VIDEO SYSTEM**

EasyTEL Communications Carrier Corporation ("EasyTEL") 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"). EasyTEL
submits the following information as required by Section 76.1503(b)(1):

1\. The OVS operator is EasyTEL Communications Carrier Corporation. The
contact person for the operator, T.E. Kloehr, is located at 7335 S.
Lewis, Suite 100, Tulsa, Oklahoma 74136. Telephone contact may be made
at (918) 523-8000.

2\. EasyTEL's projected service area will encompass the City of Bixby,
Oklahoma (CUID No. OK0202). The boundaries of EasyTEL's projected
service area are North of the Arkansas River and West of 129th Street.
Initially it is estimated that EasyTEL will service approximately 300
business subscribers located in the service area. EasyTEL's principal
headend location and hub site is at 7335 S. Lewis Ave., Tulsa, Oklahoma.
The hub site is served by and technically integrated with the principal
headend.

3\. The Open Video System will initially have a maximum of 110 analog
channels of 6 MHz each available. EasyTEL will satisfy all OVS channel
capacity requirements. EasyTeL may, at its business discretion, expand
the capacity of the Open Video System to increase the maximum number of
analog channels.

4\. Video Programming Providers (VPP) interested in carriage on
EasyTEL's Open Video System may obtain additional information about the
system by completing the OVS Information Request Form (Attachment 1) and
submitting it to:

T.E. Kloehr

7335 S. Lewis Ave., Suite 100

Tulsa, Oklahoma 74136

Tel: (918) 523-8000

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, EasyTEL 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 EasyTEL's Open Video System. If a
VPP decides to seek carriage on EasyTEL's Open Video System after
receipt of 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\. A minimum of one third of the system's maximum capacity will used by
EasyTEL and/or its affiliates and will be unavailable to VPPs. In
addition, EasyTEL will utilize approximately six channels to carry
public programs, educational programs, and governmental programs, in
addition to approximately twelve "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 EasyTEL and
its affiliates.

6\. The enrollment period for VPPs seeking carriage on EasyTEL's Open
Video System will commence on May 22, 2006, and will conclude on August
22, 2006 or 90 days after the FCC releases a public notice of this
Notice of Intent. In order to allow for contract finalization, ensure
orderly channel allocation and allow timely systems allocation to occur,
VPPs are encouraged to submit their enrollment requests as early as
possible during the enrollment period. Allocation of capacity in the
event demand exceeds system capacity will occur as described in
Attachment 2.

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

Respectfully submitted,

EASYTEL COMMUNICATIONS CARRIER CORPORATION

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

T.E. Kloehr

EASYTEL COMMUNICATIONS CARRIER CORPORATION

7335 S. Lewis Ave., Suite 100

Tulsa, Oklahoma 74136

\(918\) 523-8010 (Tel)

\(918\) 477-2010 (Fax)

Dated: May 22, 2006

**EASYTEL COMMUNICATIONS CARRIER CORPORATION**

**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

Total amount of capacity required: \_\_\_\_\_\_\_ 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 EasyTEL Communications
Carrier Corporation ("EasyTEL") 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 EasyTEL'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 EasyTEL 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 EasyTEL's open video system and the
subsequent activation of such enrollment, if any.

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

Signature Name Title Date

**EASYTEL COMMUNICATIONS CARRIER CORPORATION**

**OPEN VIDEO SYSTEM**

**CHANNEL ALLOCATION PROCESS**

EasyTEL's anticipated total system capacity on its Open Video Systems is
110 channels of 6 Mhz each (channels). The following channel allocations
already have been made:

EasyTEL: 37 channels for video programming + approximately 18 channels
for the PEG/must-carry requirements. The remaining number of channels to
be allocated is 55.

Initial capacity requests must be submitted by August 22, 2006. 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 based on the
availability of 55 channels and a request for 95 channels from multiple
VPPs.

  ----------- ----------- ------------- ----------- ----------- -----------
  VPP         Channels    Minimum       Remaining   Ratio of    No. of
              Requested   Allocations   Channels    Rmng Chal   Channels
                                        Requested   Avlble to   Allocated
                                                    Rmng Chal   
                                                    Requested   

  A           2           2             0           \--         2

  B           6           6             0           \--         6

  C           20          6             14          .42         12

  D           30          6             24          .42         16

  E           37          6             31          .42         19

  Total       95          26            69                      55
  ----------- ----------- ------------- ----------- ----------- -----------

Because VPPs C, D, and E all requested more than 6 channels, each VPPs
is allocated up to 6 channels as the minimum allocation. The remaining
number of channels available to be divided among the VPPs is 29 (55
channels minus 26 channels).

The number of available channels to be allocated on a pro rata basis
(29) is divided by the remaining number of channels requested (69) which
equals .42. This factor is used to calculate the distribution of the
remaining 29 channels to VPPs C, D, and E.

The remaining channels requested by VPPs C, D, and E are multiplied by
the pro rata factor (.42) to determine the number of channels the VPPs
will be allocated in addition to the 6 channel minimum. Fractions of
channels have been rounded to the nearest whole number, provided that
the sum of all allocations not exceed the total number of available
channels.

EasyTEL will mail a notification to each VPP to confirm the channel
capacity allocation by August 23, 2006. Any VPP that is allocated fewer
channels than it initially requested may withdraw its channel capacity
request by notifying EasyTEL by Certified Mail. Cancellations must be
received 5:00 p.m. on August 30, 2006. 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.
On September 8, 2006, EasyTEL will mail a notification to each remaining
VPP to confirm the final channel capacity allocation.

**[CERTIFICATION]{.underline}**

I, T.E. Kloehr, hereby certify that on or before this 22nd day of May
2006, I caused must-carry/retransmission consent election notification
to be sent by Certified Mail to all commercial and noncommercial
television stations operating with EasyTEL's Open Video System
television market, as indicated by the service list below.

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

T.E. Kloehr, President

  ------------------------ ---------------------- -----------------------
  **Company**              **Address**            **City, State, Zip**

  Oklahoma Educational     7403 North Kelley      Oklahoma City, OK 73111
  Television Authority --  Avenue                 
  KOED-TV                                         

  Trinity Broadcasting     P.O. Box C-11949       Santa Ana, CA 92711
  Network -- KDOR-TV                              

  Griffin Licensing,       3993 Howard Hughes     Las Vegas, NV 89109
  L.L.C. -- KWBT-TV        Parkway, Suite 250     

  Clear Channel            P.O. Box 470408        Tulsa, OK 74147-0408
  Broadcasting Licenses,                          
  Inc. -- KOKI-TV                                 

  Board of Regents of      1701 W. Will Rogers    Claremore, OK 74017
  Oklahoma Colleges --     Blvd.                  
  KRSC-TV                                         

  Clear Channel            P.O. Box 470408        Tulsa, OK 74147-0408
  Broadcasting Licenses,                          
  Inc. -- KTFO-TV                                 

  Paxson Tulsa License,    601 Clearwater Park    West Palm Beach, FL
  Inc. -- KTPX-TV          Road                   33401

  Lesea Broadcasting of    61300 S. Ironwood Road South Bend, IN 46614
  Tulsa, Inc. -- KWHB-TV                          

  University Broadcasting, 7777 South Lewis       Tulsa, OK 74171
  Inc. -- KGEB-TV          Avenue                 
  ------------------------ ---------------------- -----------------------

# 

# May 19, 2006

# Dear

This letter is to notify you that EasyTEL Communications Carrier
Corporation intends to begin operating an Open Video System ("OVS") to
serve the City of Bixby, Oklahoma. It is currently planned that service
activation is to occur on or around June 15, 2006.

FCC rules require that we provide this notice and that you, in turn,
notify us of your station's request for carriage under "must carry"
rules or if you are a commercial station of your election to forego
"must carry" and request the negotiation of a "retransmission consent"
agreement. The election must be forwarded to us within 30 days of the
date of this letter and must be the same as the election the station has
made with respect to the Cox Cable System serving the City of Bixby.

To facilitate the election notification process, we have attached a form
that should be used to transmit your election to us. If your station is
electing "must carry," you need only check the appropriate box in the
"Must Carry" section, provide your channel request, sign, date and
return an original copy of the election form to us. Any video
programming providers ("VPPs") on EasyTEL's Open Video System will be
notified of your decision. If you elect "must carry," EasyTEL, as the
operator of the system, will deliver your signal to all subscribers of
any VPP on the system. Your election and channel position will be
effective on the system's launch date unless there is a conflicting
channel position election or we encounter signal quality difficulties.
Should this occur, we will contact you for resolution.

If your station elects "retransmission consent," we ask that you check
the box in the "Retransmission Consent" section of the attached form,
sign and date the form and return an original copy to us along with your
proposal for a "retransmission consent" agreement. In addition, all VPPs
on EasyTEL's Open Video System will be notified of your decision to
elect "retransmission consent." You may negotiate with one or more VPPs
delivering programming over the EasyTEL OVS for inclusion in their
programming package.

Please make all notifications to EasyTEL by sending the notice to:

> T.E. Kloehr
>
> EASYTEL COMMUNICATIONS CARRIER CORPORATION
>
> 7335 S. Lewis Ave., Suite 100
>
> Tulsa, Oklahoma 74136

If you have any questions, please call me at (918) 523-8000.

Sincerely,

T.E. Kloehr, President

**EasyTEL Communications Carrier Corporation**

**Open Video System**

**Television Station Carriage Election**

The undersigned Licensee of the identified television station hereby
makes the following election with regard to carriage on the EasyTEL
Communication Carrier Corporation Open Video System:

**Must-Carry Election**

□ The Television station identified below elected "must-carry" status on
the Cox Cable System for the period ending December 31, 2006 and hereby
elects "must-carry" status on the EasyTEL Open Video System for the same
period.

Carriage on Channel \_\_\_\_\_\_\_ is acceptable. At EasyTEL's election,
Digital 8-VSB signals may be passed through on any available channel and
displayed based on the Virtual Channel Table indicated in the PSIP
information transmitted with the signal.

**Retransmission Consent**

□ The Television station identified below elected "retransmission
consent" status on the Cox Cable System for the period ending December
31, 2006 and hereby elects "retransmission consent" status on the
EasyTEL Open Video System for the same period. Attached is a proposal
for a "Retransmission Consent" agreement.

By signing below, I certify that I have the requisite authority to bind
the Licensee to the request made above.

> Signature:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Name:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Title:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Licensee:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Station:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Mailing Address:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Telephone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**CERTIFICATE OF SERVICE**

I, T.E. Kloehr, hereby certify that I have caused copies of the
foregoing Open Video System Notice of Intent of EasyTEL Communications
Carrier Corporation to be sent via certified mail on the 22nd day of May
2006 to the following local franchising authorities listed below:

Mayor Joe Williams

City of Bixby

116 W. Needles

Bixby, OK 74008

Charlotte Baker, City Clerk

City of Bixby

116 W. Needles

Bixby, OK 74008

Phil Frazier, Esq.

Bixby City Attorney

1424 Terrace Dr.

Tulsa, OK 74104

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

President