Open Video System

Notice of Intent

Attention

Media Bureau

# BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20054

In the Matter of )

LAKEDALE TELEPHONE COMPANY )

)

)

) File No.

)

Notice of Intent to Establish )

an Open Video System )

> **NOTICE OF INTENT**

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

LAKEDALE TELEPHONE COMPANY (Lakedale) 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), Lakedale, respectfully submits the following information:

1\. The OVS operator is Lakedale Telephone Company. The contact person
for the operator, Gene R. South, Sr., is located at 9938 State Highway
55 NW, Annandale, MN 55302. Mr. South may be reached at 320-274-8201.

2\. Lakedale's projected service area will encompass portions of Stearns
County, Minnesota including all or portions of the following
incorporated community:

  ------------------------------------ ----------------------------------
  **[Community]{.underline}**          **[County]{.underline}**

  City of Paynesville, MN              Stearns County, MN

                                       
  ------------------------------------ ----------------------------------

3\. The open video system will have a maximum of 300 digital channel
input ports available, each consisting of an average of 4 megabits of
capacity. Lakedale's system will satisfy all OVS channel capacity
requirements.

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

Gene R. South, Sr.

PO Box 340

Annandale, MN 55302

320/274-8201

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 Lakedale 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 Lakedale's open video system. If
a VPP decides to seek carriage on Lakedale's open video system after
receipt of the 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\. One third of the system's maximum capacity will be set aside for
Lakedale and/or its affiliates. In addition, Lakedale will utilize
approximately three channels to carry public programs, educational
programs, and governmental programs, in addition to approximately
nineteen "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 Lakedale and its affiliates.

6\. The enrollment period for VPPs seeking carriage on Lakedale's open
video system will commence on December 17, 2004, and will conclude March
17, 2005 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 must submit their preliminary enrollment requests no later than
February 17, 2005. Allocation of capacity in the event demand exceeds
system capacity will occur as described in Attachment 2.

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

Respectfully submitted,

LAKEDALE TELEPHONE COMPANY

Gene R. South, Sr.

LAKEDALE TELEPHONE COMPANY

9938 State Hwy 55 NW

PO Box 340

Annandale, MN 55302-0340

(320)274-8201 (Phone)

(320)274-3440 (FAX)

Dated:

Attachment 1

**LAKEDALE TELEPHONE COMPANY**

**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 requested: 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 Lakedale open video
system, and 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 Lakedale's open video system service area,
and that the capacity requested will only be used for the commercial
operation of an information service. The VPP and its affiliates agree
not to disclose to any other party the information provided by Lakedale
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(1) 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 Lakedale's open video system and the subsequent activation of
such enrollment, if any.

Signature Name Title Date

Attachment 2

LAKEDALE TELEPHONE COMPANY

OPEN VIDEO SYSTEM

CHANNEL ALLOCATION PROCESS

Lakedale's anticipated total system capacity on its open video system is
300 digital ports (channels). The following channel allocations already
have been made:

Lakedale: 100 channels for video programming + approximately 22 channels
for the PEG/must-carry requirements. The remaining number of channels to
be allocated is 178.

Initial capacity requests must be submitted by March 5, 2005. 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 178 channels and a request for 398 channels from
multiple VPPs.

  --------------------------------------------------------------------------------------------------
           Channels Requested  Minimum           Remaining Channels  Ratio of     No. of Channels
                               Allocations       Requested           Rmng Chal    Allocated
                                                                     Avlble to    
                                                                     Rmng Chal    
                                                                     Requested    
  -------- ------------------- ----------------- ------------------- ------------ ------------------
  A        2                   2                 0                   \-           2

  B        6                   6                 0                   \-           6

  C        20                  6                 14                  398          12

  D        110                 6                 104                 398          47

  E        150                 6                 144                 398          64

  F        [110]{.underline}   [6]{.underline}   [104]{.underline}   398          [47]{.underline}

  Total    398                 32                366                              178
  --------------------------------------------------------------------------------------------------

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 146 (178
channels minus 32 channels).

The number of available channels to be allocated on a pro rata basis
(146) is divided by the remaining number of channels requested (366)
which equals .398. This factor is used to calculate the distribution of
the remaining 146 channels to VPPs C through F.

The remaining channels requested by VPPs C through F are multiplied by
the pro rata factor (.398) to determine the number of channels the VPPs
will be allocated in addition to the six 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.

Lakedale will mail a notification to each VPP to confirm the channel
capacity allocation by February 5, 2005. Any VPP that is allocated fewer
channels than it initially requested may withdraw its channel capacity
request by notifying Lakedale by mail. Cancellations must be received by
5:00 p.m. on February 15, 2005. 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
February 21, 2005, Lakedale will mail a notification to each remaining
VPP to confirm the final channel capacity allocation.

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

I, Gene R. South, Sr., hereby certify that on or before this 9^th^ day
of December 2004, I caused must-carry/retransmission consent election
notification to be sent by US mail to all commercial and noncommercial
television stations operating within Lakedale's open video system
television market, as indicated by the attached service list.

Gene R. South, Sr.

CEO/General Manager

### December 9, 2004 Attachment 4

Dear

This letter serves to inform you that Lakedale Telephone Company intends
to begin operating an Open Video System ("OVS") in and around the city
of Payneville, Minnesota. Service activation is expected to occur on
March 17, 2005. The open video system will have 300 channels of digital
capacity.

Due to the OVS's geographic deployment, your station is entitled to
carriage should you so elect, provided it is subsequently determined
that the station delivers a good quality signal to the principal headend
location at Hutchinson, Minnesota, and provided further that carriage of
the station will not subject Lakedale to copyright liability.

If your station is a commercial broadcast station, under the Federal
Communications Commissions' OVS Rules, 47 C.F.R. 76 1500, et seq., you
may elect mandatory carriage or you may negotiate consent for
retransmission of your signal. All video programming providers (VPPs) on
Lakedale's Open Video System will be notified of your decision. If you
elect "must carry", Lakedale, as the operator of the system, will
deliver your signal to all subscribers of any VPP on the system. If you
elect "retransmission consent", you may negotiate with one or more VPPs
delivering programming over the Lakedale OVS for inclusion in their
programming package. Please notify us by certified mail within five
business days of your election. Pursuant to FCC Rules, your election of
OVS must be the same as any election you make with respect to the cable
system operators in the towns listed on the attachment.

The FCC's OVS Rules are specific that Lakedale, as the system operator,
must receive notification with respect to black-out requirements related
to sports broadcasts, network non-duplication, and syndicated
exclusively. Lakedale will make all notifications available to
appropriate VPP's on the system, and will delete signals from the system
in accordance with the FCC's Rules.

To the extent that you are carried as part of the VPP's programming
package pursuant to retransmission consent, you should notify that VPP.
Please make all notifications to Lakedale required by these regulations
to:

Gene R. South, Sr.

LAKEDALE TELEPHONE COMPANY

9938 State Hwy 55 NW

PO Box 340

Annandale, MN 55302-0340

Please call me at 320-274-8201 if you have any questions.

Sincerely,

Gene R. South, Sr.

CEO/General Manager

Attachment 5

**CERTIFICATE OF SERVICE**

I, Gene R. South, Sr., hereby certify that I have caused copies of the
foregoing open video system "Notice of Intent" of Lakedale Telephone
Company to be sent via certified mail on the 9th day of December 2004 to
the following local franchising authority listed below:

Steve Helget

City of Paynesville

City Administrator

221 Washburne Ave

Paynesville, MN 56362

> ![](media/image1.wmf){width="0.5666666666666667in"
> height="0.5666666666666667in"}
>
> Gene R. South, Sr.

CEO/General Manager

+--------------------+-----------+--------------------+---------------+
| **Company**        | **Name**  | **Address**        | **City,       |
|                    |           |                    | State, Zip**  |
+--------------------+-----------+--------------------+---------------+
| CBS, Inc.          | Paul      | 90 S 11^th^ Street | Minneapolis,  |
|                    | Wilkenson |                    | MN 55403      |
| WCCO-TV            |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| Hubbard            | Kris      | 3415 University    | St. Paul, MN  |
| Broadcasting, Inc. | Shuldes   | Avenue             | 55114         |
|                    |           |                    |               |
| KSTP-TV            |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| Fox Television     | Molly     | 5151 Wisconsin     | Washington,   |
| Stations, Inc.     | Pauker    | Avenue NW          | DC 20016      |
|                    |           |                    |               |
| KMSP-TV and WFTC   |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| Gannett            | Jeffrey   | 8811 Olson         | Minneapolis,  |
|                    | Phillips  | Memorial Hwy       | MN 55427      |
| KARE-TV            |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| Paxson             | Steve     | 601 Clearwater     | West Palm     |
| Communication      | Friedman  | Park Road          | Beach, FL     |
| Corp.              |           |                    | 33401         |
|                    |           |                    |               |
| KPXM               |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| KSTC-TV Twin       | Glenna    | 3415 University    | St. Paul, MN  |
| Cities             | Sorensen  | Avenue             | 55114         |
+--------------------+-----------+--------------------+---------------+
| KMWB               | Steve     | 1640 Como Ave      | St. Paul, MN  |
|                    | Lunde     |                    | 55108         |
+--------------------+-----------+--------------------+---------------+
| Twin Cities Public | Tom       | 172 East 4th       | St. Paul, MN  |
| Television         | Holter    | Street             | 55101         |
|                    |           |                    |               |
| KTCI-KTCA          |           |                    |               |
+--------------------+-----------+--------------------+---------------+
| Pioneer Public     | Glen T.   | 120 West Schlieman | Appleton, MN  |
| Television         | Cerny     |                    | 56208         |
|                    |           |                    |               |
| KWCM-Appleton      |           |                    |               |
+--------------------+-----------+--------------------+---------------+