Open Video System Notice of Intent

Attention:

Media Bureau

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20554**

**In the Matter of )**

**)**

**RCN Telecom Services, Inc. )**

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

**)**

**Notice of Intent to Establish )**

**an Open Video System )**

**NOTICE OF INTENT**

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

RCN Telecom Services, Inc. ("RCN"), 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 respectfully submits the following information:

1\. The OVS operator is RCN Telecom Services, Inc., with its principal
offices located at 1400 Fashion Island Blvd., Suite 100, San Mateo,
California 94404. The contact person for the operator, David Hankin, is
located at 1400 Fashion Island Blvd., Suite 100, San Mateo, California
94404, and may be reached at (650) 212-8010.

2.  RCN's service area is located in the City and County of San
    Francisco, California. The boundaries of RCN's service area are
    located within the neighborhoods of Amazon Crocker, Castro, Corona
    Heights, Dolores Heights, Eureka Valley, Excelsior, Glen Park,
    Mission District, Noe Valley, North Bernal Heights, Outer Mission,
    Portola, and Potrero Hill. RCN has a principal headend and hub site
    located at 200 Paul Avenue, San Francisco, California 94124.

RCN utilizes an ancillary hub site at the following location:

437 Potrero Avenue, San Francisco, CA, 94110

This hub site is served by and technically integrated with the principal
headend. RCN serves the general population within this OVS service area.

3\. The anticipated maximum analog capacity of the OVS is 330 analog
channels, each consisting of 6‑MHz analog capacity. The anticipated
maximum digital capacity of the OVS is 678 digital channels.

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

David Hankin

1400 Fashion Island Blvd., Suite 100

San Mateo, California 94404

[]{.mark}

Pursuant to 47 C.F.R. § 76.1503(b)(2) of the FCC's rules, within five
business days of RCN's receipt of a request for information, RCN will
provide the VPP with additional information regarding the OVS 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's OVS. If a VPP decides to seek carriage on RCN's
OVS after receipt of the additional information, the VPP must submit the
required forms, a non-refundable application processing fee, and a
channel reservation deposit no later than 30 days after the end of the
enrollment period.

5\. One third of the system's maximum capacity will be set aside for RCN
and/or its affiliates. In addition, RCN will reserve approximately
seventeen (17) 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 and its
affiliates.

6\. The enrollment period for VPPs seeking carriage on RCN'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 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 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's Notice of Intent has been served on the applicable local
franchising authority (Attachment 4).

Respectfully submitted,

RCN Telecom Services, Inc.

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

Kathy L. Cooper

Danielle C. Burt

SWIDLER BERLIN LLP

3000 K Street, N.W., Suite 300

Washington, D.C. 20007

\(202\) 424-7500 (Tel)

\(202\) 424-7643 (Fax)

Dated: July 8, 2005

**Attachment 1**

**RCN TELECOM SERVICES, INC.**

**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 Telecom Services, Inc.
("RCN") 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'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 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's open video system and the subsequent activation of
such enrollment, if any.

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

Signature Name Title Date

**Attachment 2**

**Page 1 of 2**

**RCN TELECOM SERVICES, INC.**

**OPEN VIDEO SYSTEM**

**CHANNEL ALLOCATION PROCESS**

RCN Telecom Services, Inc.'s ("RCN") 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 will have 110
analog channels for video programming + approximately 17 analog channels
for the PEG/Must Carry requirements. The remaining number of channels to
be allocated is 203. 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}\_\_

n/a

n/a

.46

.46

.46

.46

No. of

Channels

[Allocated]{.underline}

2

6

14

54

73

54

\_\_\_\_\_

203

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 171 (203
channels minus 32 channels).

The number of available channels to be allocated on a pro rata basis
(171) is divided by the remaining number of channels requested (368),
which equals .46. This factor is used to calculate the distribution of
the remaining 171 channels to VPPs C through F.

The remaining channels requested by VPPs C through F are multiplied by
the pro rata factor (.46) 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 (.46) is multiplied by 16 to
obtain the eight additional channels to be allocated to VPP C. The eight
channels plus the six channel minimum give VPP C a total of 14 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 will mail a notification to each VPP to confirm the channel capacity
allocation no later than 60 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 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 will mail a notification to each remaining VPP to confirm
the final channel capacity allocation no later than 120 days after the
expiration of the open enrollment period.

**[CERTIFICATION]{.underline}**

I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, hereby certify that RCN Telecom
Services, Inc., 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:

Title: Director of Programming

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

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

I, Danielle C. Burt, hereby certify that copies of the foregoing Notice
of Intent of RCN Telecom Services, Inc., were served on the parties
listed below, on the 8^th^ day of July 2005:

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

+-----------------------------------+-----------------------------------+
| Donna C. Gregg                    | Steve Garner                      |
|                                   |                                   |
| Acting Bureau Chief               | Media Bureau                      |
|                                   |                                   |
| Media Bureau                      | 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}:**           |                                   |
+-----------------------------------+-----------------------------------+
| Lewis Loeven                      | Brian Roberts                     |
|                                   |                                   |
| Executive Director                | Senior Regulatory and Policy      |
|                                   | Analyst                           |
| Department of Telecommunications  |                                   |
| &                                 | Department of Telecommunications  |
|                                   | &                                 |
| Information Services              |                                   |
|                                   | Information Services              |
| 875 Stevenson Street, 5th Floor   |                                   |
|                                   | 875 Stevenson Street, 5th Floor   |
| City and County of                |                                   |
|                                   | City and County of                |
| San Francisco, CA 94103-0948      |                                   |
|                                   | San Francisco, CA 94103-0948      |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+

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

Danielle C. Burt