OPEN VIDEO SYSTEM

NOTICE OF INTENT

ATTENTION:

MEDIA BUREAU

Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, DC 20554

In the Matter of )

)

Optical Telecommunications, Inc. ) File No. \_\_\_\_\_\_\_

)

Notice of Intent to Establish )

An Open Video System )

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

Optical Telecommunications, Inc. ("OTI"), 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), OTI respectfully submits the following information:

1\. **[OVS Operator]{.underline}.** The name, address and telephone
number of the OVS Operator is Optical Telecommunications, Inc., 5000 SW
75^th^ Avenue, Suite 103, Miami, Fl 33155. The contact person is Mario
M. Bustamante, Chief Executive Officer. Mr. Bustamante may be reached by
mail at the above address, by telephone at (786) 787-7777, and by
facsimile at (786) 888-7778.

2\. **[Projected Service Area]{.underline}.** OTI's projected OVS
service area encompasses the community known as "East Lake Village"
located in the City of Port St. Lucie, St. Lucie County, Florida. OTI is
likely to request additional certification during the next several years
to expand its OVS service area.

3\. **[Projected Channel Capacity]{.underline}.** OTI is providing OVS
service over Fiber Optic cable. OTI's OVS will have 56 digital channel
input ports and 79 analog channel inputs.

4\. **[Carriage Applications and Inquiries]{.underline}.** Potential
video programming providers (VPPs) interested in carriage on OTI'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 Mario M. Bustamante, Optical Telecommunications, Inc.,
5000 SW 75^th^ Avenue, Suite 103, Miami, Fl 33155. If a VPP has
questions concerning the completion of this form, Mr. Bustamante may be
reached by telephone at (786) 787-7777 or by facsimile at (786)
888-7778.

Pursuant to Section 76.1503(b)(2) of the Commission's Rules, OTI will
provide a VPP with additional information regarding the OVS system
within five (5) business days after OTI's receipt by mail of a completed
OVS Information Request Form. The additional information will include
the projected activation date of the OVS, a preliminary carriage rate
estimate, equipment requirements and other technical information, and
VPP qualification requirements, as well as preliminary enrollment forms,
application forms, and information concerning application fees and
channel reservation deposits. If a VPP decides to seek carriage on OTI's
open video system after receipt of the additional information, the VPP
must timely submit the required forms, a non-refundable application fee,
and a channel reservation deposit by the end of the enrollment period.

5\. **[Initial Enrollment Period]{.underline}.** The initial enrollment
period for video programming providers seeking carriage on OTI's OVS
system will commence November 2, 2005, and will end on February 2, 2006
or 90 days after the date upon which the FCC issues a Public Notice of
the filing of this Notice of Intent, whichever is later. To ensure
orderly processing of requests and allocation of channels, interested
VPPs must submit preliminary enrollment requests on or before January 3,
2005.

6\. **[Allocation of Capacity]{.underline}.** Initially, one-third (1/3)
of total channel capacity shall be reserved to OTI and/or its
affiliates. OTI anticipates that approximately 3 channels will be used
for public, educational and/or governmental ("PEG") programming pursuant
to Section 76.1506 of the Commission's Rules, and that 11 channels will
be required to serve approximately 11 "Must-Carry" stations entitled to
demand carriage pursuant to 47 C.F.R. §76.56 and § 76.1506 of the
Commission's rules. The total number of channels reserved for OTI and/or
its affiliates, PEG programming and Must-Carry stations shall be the
"Reserved Capacity." The number of channels available on OTI's OVS
beyond the Reserved Capacity (the "Remaining Capacity") will be made
available to interested, qualified VPPs, provided, however, that no VPP
will be entitled to channel capacity greater than that reserved to OTI
and/or its affiliates; and further provided that no VPP will be entitled
to request less than one full channel. If the aggregate of the Reserved
Capacity and the number of channels timely requested by qualified VPPs
exceeds the actual capacity of OTI's OVS system, then the Remaining
Capacity shall be allocated among qualified VPPs according to the
following formula:

Requested Capacity (per VPP)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ x Remaining
Capacity

Total Requested Capacity (all VPPs)

7\. **[Notification Requirements]{.underline}.** OTI has complied with
the notification requirements under Section 76.1502(d)(1) of the
Commission's regulations. OTI has also complied with the notification
requirements under Section 76.1506 of the Commission's open video system
regulations concerning must-carry and retransmission consent. Attachment
2 is OTI's notification letter and Attachment 3 is OTI's Certificate of
Service upon all commercial and noncommercial television stations in the
relevant DMA.

Respectfully submitted, this 2nd day of November, 2005.

> **Optical Telecommunications, Inc.**
>
> By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Mario M. Bustamante
>
> Chief Executive Officer
>
> Optical Telecommunications, Inc.
>
> 5000 S.W. 75^th^ Avenue, Suite 103
>
> Miami, FL 33155
>
> Phone: (786) 787-7777
>
> Fax: (786) 888-7778

[Attachment 1]{.underline}

**Optical Telecommunications, Inc.**

**OPEN VIDEO SYSTEM INFORMATION REQUEST FORM**

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

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

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

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

Contact Person:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

**[Carriage Information]{.underline}**

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

**[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 OTI open video system, and that it
has no formal or informal affiliation (as defined in 47 C.F.R. Sections
76.1500(g), 76.1500(h) and Notes 1-5 accompanying Section 76.501) or
agreement with any other VPP requesting capacity or with any cable
operator providing cable television services within OTI'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 OTI in response to this
request, except for information that was previously in the public domain
and except as required in proceedings pursuant to 47 C.F.R. Section
76.1513, and that they will not use the information for any purpose
whatsoever other than making an informed decision as too whether to
enroll in OTI's open video system and the subsequent activation of such
enrollment, if any.

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

Signature Printed Name and Title

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

Please mail to:

Mario M. Bustamante

Optical Telecommunications, Inc.

5000 S.W. 75^th^ Avenue, Suite 103

Miami, FL 33155

[Attachment 2]{.underline}

To whom it may concern:

Please be advised that Optical Telecommunications, Inc. ("OTI") intends
to begin operating an Open Video System ("OVS") in the communities known
as East Lake Village located in Port St. Lucie, St. Lucie County,
Florida. Service activation is expected to occur on or about February 3,
2006.

Your station is entitled to carriage on the OVS, provided that it
delivers a good quality signal to the principal head end location in
East Lake Village in St. Lucie County, and further provided that
carriage of content you provide will not subject OTI to copyright
liability.

If your station is a commercial broadcast station, you may, pursuant to
47 C.F.R. § 76.1506, elect mandatory carriage of your signal. If you
elect mandatory carriage, OTI will cause your signal to be delivered to
all subscribers of any Video Programming Provider ("VPP") that utilizes
the OVS. Alternatively, you may negotiate consent for retransmission of
your signal. If you elect retransmission, you may negotiate with one or
more VPPs delivering programming over the OVS for inclusion in their
programming package. [Please notify us by certified mail within five
business days or no later than November 15, 2005 of your
election.]{.underline} We will notify all VPPs of your election. Please
keep in mind that, under applicable FCC regulations, your election must
be the same as any election you make or have made with respect to the
cable system operators that serve or have franchise rights to serve the
same area(s).

You must also provide us with notification of black-out requirements
related to sports broadcasts, network non-duplication, and syndicated
exclusively. OTI will make these notifications available to all VPPs and
will cause signals to be deleted or blocked in accordance with your
notification and with FCC regulations. Additionally, if you have
negotiated to have your signal retransmitted as part of one or more
VPP's programming packages, you should also notify those VPPs directly.

Please send your written election, as well as any notifications or other
correspondence to my attention at the address below.

Sincerely,

Mario M. Bustamante, CEO,

Optical Telecommunications, Inc

[Attachment 3]{.underline}

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

I, Mario M. Bustamante, an employee with Optical Telecommunications,
Inc., hereby certify that on this 2nd day of November, 2005, I served
the foregoing notification, and by first class U.S. mail, postage
prepaid, to the following television stations within Optical
Telecommunications, Inc.'s open video system area:

WXEL (PBS Channel 42) WFLX (Fox Channel 29)

3401 S. Congress Ave. 4119 West Blue Heron Blvd.

Boynton Beach, FL 33426 West Palm Beach, FL 33404

WPBF (ABC Channel 25) WPEC (CBS Channel 12)

3970 RCA Blvd. 3333 South Congress Ave.

West Palm Beach, FL 33410 Delray Beach, FL 33445

WPTV (NBC Channel 5) WTCE (TBN Channel 21)

1100 Banyan Blvd. c/o WJEB-59

West Palm Beach, FL 33401 3101 Emerson Expy.

Jacksonville, FL 32207

WTVX (UPN/WB)

3970 RCA Blvd. \# 7007 WFGC (Independent Channel 61)

Palm Beach Gardens, FL 33410 1900 South Congress Ave.

West Palm Beach, FL 33406

WPXP (Pax Channel 67)

500 South Australian Ave. WHDT (Independent Channel 59)

West Palm Beach, FL 33401 1601 Forum Place

West Palm Beach, FL 33401

WPPB (Independent Channel 63)

c/o Broward Education Communications

Network

6600 SW Nova Dr.

Ft. Lauderdale, FL 33317

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

Mario M. Bustamante