**Open Video System**

**Notice of Intent**

**Attention Cable**

**Services Bureau**

**BEFORE THE**

**FEDERAL COMMUNICATIONS COMMISSION**

**WASHINGTON, D.C. 20054**

In the Matter of )\
)

OpenBand Multimedia, LLC )

) File No.

)

Notice of Intent to Establish )

an Open Video System )

**NOTICE OF INTENT**

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

OpenBand Multimedia, LLC ("OpenBand"), 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), OpenBand respectfully submits the following information:

**1. OVS Operator (47 C.F.R. § 76.1503(b)(ii)).** The OVS operator is
OpenBand Multimedia, LLC. The contact person for the operator is Max
Kipfer, located at 3725 Concorde Parkway, Suite 100, Chantilly, VA,
20151. Mr. Kipfer may be reached at 703.961.5444.

**2. Projected Service Area (47 C.F.R. § 76.1503(b)(iii)).** OpenBand's
projected service area will encompass parts of Loudoun County, VA,
excluding incorporated communities or towns located within Loudoun
County.

**3. Projected Channel Capacity (47 C.F.R. § 76.1503(b)(iv).** The OVS
will have a maximum of 83 analog channels available, each consisting of
6 MHz of bandwidth. In addition OpenBand's OVS will have approximately
220 MHz of bandwidth for digital transmission. OpenBand's OVS will
satisfy all OVS channel capacity requirements.

**4. Carriage Information (47 C.F.R. § 76.1503(b)(v)).** Video
Programming Providers (VPP) interested in carriage on OpenBand's OVS may
obtain additional information about the system by completing the OVS
Information Request Form attached as Exhibit A and submitting it to:

Max R. Kipfer

> Executive Vice President and General Manager
>
> OpenBand Multimedia, LLC
>
> 3725 Concorde Parkway, Suite 100
>
> Chantilly, VA 20151

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, OpenBand 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 OpenBand's OVS. If a VPP decides to seek carriage on
OpenBand'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 by the end of the enrollment period.

**5. Initial Enrollment Period (47 C.F.R. § 76.1503(b)(vi)).** The
enrollment period for VPPs seeking carriage on OpenBand's OVS will
commence on the date the FCC issues a Public Notice of the filing of
this Notice of Intent and end ninety days thereafter. In the event
demand exceeds system capacity, OpenBand will allocate capacity as
described in Exhibit B.

**6. Allocation of Channel Capacity (47 C.F.R. § 76.1503(b)(vii)).** One
third of the system's capacity will be set aside for OpenBand and/or its
affiliates. In addition, OpenBand will utilize approximately 4 channels
to carry public programs, educational programs, governmental programs,
in addition to approximately 20 "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 OpenBand and its
affiliates.

**7. Notification Requirements (47 C.F.R. § 76.1503(b)(viii)).**
Attached as Exhibit C is a certification that OpenBand has complied with
all relevant notification requirements under the FCC's OVS 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 (Exhibit C). An example of the notification letter sent
to television stations pursuant to this Section is also appended hereto
as Exhibit D. Also attached as Exhibit E is a certificate of service
showing that OpenBand's Notice of Intent has been served on all local
franchising authorities which are located within OpenBand's anticipated
OVS service area.

Respectfully submitted,

OpenBand Multimedia, LLC

Max R. Kipfer

Executive Vice President and General Manager

OpenBand Multimedia, LLC

3725 Concorde Parkway, Suite 100

> Chantilly, VA 20151
>
> 703.961.5444 (phone)
>
> 703.263.1911 (fax)

Dated: September 24, 2001

Exhibit A

OPENBAND MULTIMEDIA, LLC

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:

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 OpenBand OVS, 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 OpenBand's OVS 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 OpenBand 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 OpenBand's OVS
and the subsequent activation of such enrollment, if any.

Signature Name Title Date

Exhibit B

**OpenBand Multimedia, LLC**

**OPEN VIDEO SYSTEM**

**CHANNEL ALLOCATION PROCESS**

**[Allocation of Capacity]{.underline}.** OpenBand Multimedia, LLC
(OpenBand) does not expect to experience any capacity constraints on its
OVS system. If the aggregate capacity needs of (a) local commercial and
non-commercial television stations carried pursuant to Section 76.1506
of the Commission\'s Rules, (b) public, educational and governmental
(PEG) access channels furnished pursuant to Section 76.1505 of the
Commission\'s Rules, (c) OpenBand and its affiliates, and (d)
unaffiliated video programming providers exceed the actual capacity of
OpenBand's OVS system, then OpenBand and its affiliates will not select
the video programming services for carriage on more than one-third of
the activated channel capacity of the OVS system. If aggregate capacity
needs exceed actual OVS system capacity, unaffiliated video programming
providers will be offered portions of the residual capacity (after local
television stations, PEG access channels and OpenBand's one-third share
are accommodated) on the following basis: each unaffiliated video
programming provider will be offered an equal proportionate amount of
its requested capacity.

Exhibit C

[CERTIFICATION]{.underline}

I, Max R. Kipfer, hereby certify that on or before this 25th day of
September 2001, I caused must-carry-retransmission consent election
notification to be sent by certified mail to all commercial and
noncommercial television stations operating within OpenBand Multimedia,
LLC's open video system service area, as indicated by the attached
service list.

Max R. Kipfer

Executive Vice President and General Manager

OpenBand Multimedia, LLC

3725 Concorde Parkway, Suite 100

Chantilly, VA 20151

703.961.5444 (phone)

703.263.1911 (fax)

Channel 4 / WRC

Linda Sullivan, General Manager

4001 Nebraska Ave., NW

Washington, DC 20016

City of License: Washington

Network Affiliation: NBC

Channel 5 / WTTG

Debbie Carpentrer, General Manager

5151 Wisconsin Ave., NW

Washington, DC 20016

City of License: Washington

Network Affiliation: Fox

Channel 7 / WJLA

Chris Pike, General Manager

3007 Tilden St., NW

Washington, DC 20008

City of License: Washington

Affiliation: ABC

Channel 9 / WUSA

Richard Reingold, General Manager

4100 Wisconsin Ave., NW

Washington, DC 20016

City of License: Washington

Affiliation: CBS

Channel 14 / WTMW

Attn: General Manager

3565 Lee Hwy.

Arlington, VA 22207

City of License: Arlington

Affiliation: None

Channel 20 / WDCA

John Long, General Manager

5202 River Rd.

Bethesda, MD 20816

City of License: Washington

Affiliation: UPN

Channel 25 / WHAG

Hugh Breslin, General Manager

13 East Washington St.

Hagerstown, MD 21740

City of License: Hagerstown, MD

Affiliation: NBC

Channel 26 / WETA\*

Sharon Rockefeller, General Manager

2775 South Quincy St.

Arlington, VA 22206

City of License: Washington

Affiliation: PBS

Channel 30 / WMDO

Rudy Guernica, General Manager

962 Wayne Ave., \# 900

Silver Spring, MD 20910

City of License: Washington

Affiliation: Univision

Channel 31 / WWPB\*

Robert Shuman, General Manager

11767 Owings Mill Blvd.

Owings Mill, MD 21117

City of License: Hagerstown, MD

Affiliation: PBS

Channel 32 / WHUT\*

Jim Watkins, General Manager

2222 4th St., NW

Washington, DC 20059

City of License: Washington

Affiliation: PBS

Channel 50 / WBDC

Jerry Martin, General Manager

2121 Wisconsin Ave., \# 350

Washington, DC 20007

City of License: Washington

Affiliation: WB

Channel 53 / WNVT\*

Fred Thomas, General Manager

8101-A Lee Hwy.

Falls Church, VA 22042

City of License: Goldvein

Affiliation: Public

Channel 56 / WNVC\*

Fred Thomas, General Manager

8101-A Lee Hwy.

Falls Church, VA 22042

City of License: Fairfax

Affiliation: Public

Channel 60 / WWPX

Albert McGilvray, General Manager

1 Discovery Place

Martinsburg, WV 25401

City of License: Martinsburg, WV

Affiliation: Paxson

Channel 62 / WFPT\*

Robert Shuman, General Manager

11767 Owings Mill Blvd.

Owings Mill, MD 21117

City of License: Frederick, MD

Affiliation: PBS

Channel 64 / WZDC

Wendy Thompson, General Manager

200 North 14th St., #480

Arlington, VA 22201

City of License: Washington

Affiliation: Telemundo

Channel 66 / WPXW

Marilyn Lewis, General Manager

6199 Old Arrington Ln.

Fairfax Station, VA 22039

City of License: Manassas, VA

Affiliation: Paxson

Channel 68 / WJAL

Buddy Merrick, General Manager

PO Box 229

Chambersburg, PA 17201

City of License: Hagerstown, MD

Affiliation: None

Channel 42 / WVPY\*

298 Port Republic Rd.

Harrisonburg, VA 22801

City of License: Front Royal

Affiliation: Public

\*Noncommercial

Exhibit D

Noncommercial

\[ \]

Re: [Initiation of New Open Video System]{.underline}

Dear \[ \]:

This letter is to notify you that OpenBand Multimedia, LLC ("OpenBand")
is constructing a new open video system to serve certain areas of
Loudoun County, Virginia. The new system is scheduled to begin
operations this year.

In preparation for the launch of this new system, we are creating the
system's channel lineup. FCC's rules require that we provide this notice
and that you, in turn, notify us of your station's request for carriage
and channel position within 30 days of the date of this letter. All
video programming providers (VPPs) on OpenBand's open video system will
be notified of your decision. To facilitate the election notification
process, we have provided a check box at the end of this letter that you
may use to notify us of your station's request for carriage and channel
position. Your request and channel position will be effective upon the
system's launch, unless: (1) a conflicting channel position election is
made by another station, (2) multiple stations electing must-carry air
duplicative programming or programming of the same network, or (3) the
station is neither located within 50 miles of the system nor providing a
Grade B contour over the system.

We look forward to working with your station in bringing this exciting
new service to the residents of Loudoun County, Virginia. Should you
have any questions, please do not hesitate to contact us.

Sincerely,

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

Max R. Kipfer

Executive Vice President and General Manager

**[PLEASE CHECK THE BOX AS APPROPRIATE]{.underline}:**

Carriage Request

Station \[ \] hereby requests carriage on the OpenBand OVS. Carriage of
Station \[ \] on Channel \[ \] is acceptable.

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

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

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Commercial

\[ \]

Re: [Initiation of New Open Video System]{.underline}

Dear \[ \]:

This letter is to notify you that OpenBand Multimedia, LLC ("OpenBand")
is constructing a new open video system to serve certain areas of
Loudoun County, Virginia. The new system is scheduled to begin
operations this year.

In preparation for the launch of this new system, we are creating the
system's channel lineup. FCC's rules require that we provide this notice
and that you, in turn, notify us of your station's election between
must-carry or retransmission consent on the system. 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 made with respect to the Adelphia
system serving Loudoun County, Virginia.

To facilitate the election notification process, we have provided check
boxes at the end of this letter that you may use to notify us of your
station's election. If your station is electing must-carry, you need
only check the appropriate box in the Must-Carry section at the end of
this letter, sign at the bottom of the letter and return an original
copy of the letter to us. All video programming providers (VPPs) on
OpenBand's Open Video System will be notified of your decision. If you
elect "must carry," OpenBand, 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 upon the system's
launch, unless: (1) a conflicting channel position election is made by
another station, (2) multiple stations electing must-carry air
duplicative programming or programming of the same network, or (3) we
encounter signal quality difficulties.

If your station is electing retransmission consent, we ask that you
check the box in the Retransmission Consent section at the end of this
letter, sign the letter, and return an original copy to us. We will
contact you at an appropriate time to discuss the possibility of a
retransmission consent agreement. In addition, all VPPs on OpenBand's
Open Video System will be notified of your decision to elect
"retransmission consent." If you elect retransmission consent, you may
negotiate with one or more VPPs delivering programming over the OpenBand
OVS for inclusion in their programming package.

> We look forward to working with your station in bringing this exciting
> new service to the

residents of Loudoun County. Should you have any questions, please do
not hesitate to contact us.

Sincerely,

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

Max R. Kipfer

Executive Vice President and General Manager

**[PLEASE CHECK THE APPROPRIATE BOX]{.underline}:**

Must-Carry Election

Station \[ \] elected must-carry status on the Adelphia cable system
serving Loudoun County, Virginia for the period ending December 31, 2002
and hereby elects must-carry status on the OpenBand OVS for the same
period. \[Carriage of Station \[ \] on Channel \[ \] is acceptable.\]

Retransmission Consent Election

Station \[ \] elected retransmission consent status on the Adelphia
cable system serving Loudoun County, Virginia for the period ending
December 31, 2002 and hereby elects retransmission consent status on the
OpenBand OVS for the same period.

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

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

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Exhibit E

**CERTIFICATE OF SERVICE**

I, Sylvia A. Davis, a secretary with the law firm of Shaw Pittman LLP,
hereby certify that I have caused copies of the foregoing open video
system "Notice of Intent" of OpenBand Multimedia, LLC to be sent via
first class U.S. mail, postage prepaid on the 27^th^ day of September,
2001 to the following local franchising authorities:

John R. Roberts

County Attorney

Loudon County

1 Harrison Street, S.E.

Leesburg, VA 20175

Jim Barnes, Director

Public Information Office of Loudoun County

1 Harrison Street, S.E.

Leesburg, VA 20175

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

Sylvia A. Davis