**OPEN VIDEO SYSTEM**

**NOTICE**

**OF INTENT**

**ATTENTION:**

**MEDIA BUREAU**

**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, DC 20554**

In the Matter of )

)

Pembroke Advanced Communications, Inc. ) File No. \_\_\_\_\_\_\_

)

Notice of Intent to Establish )

An Open Video System )

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

Pembroke Advanced Communications, Inc. (Pembroke), 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), Pembroke respectfully submits the following information:

1\. **[OVS Operator]{.underline}.** The name, address and telephone
number of the OVS Operator is Pembroke Advanced Communications, Inc.,
185 East Bacon Street, Pembroke, Georgia, 31321. The contact person is
James Reeves, Operations Manager. James Reeves can be reached by mail at
the above street address, by telephone at (912) 653-4389, and by
facsimile at (912) 653-2929.

2\. **[Projected Service Area]{.underline}.** Pembroke\'s projected
additional OVS service area encompasses the City of Pembroke, Georgia
and Bryan County, Georgia. Pembroke currently does not provide OVS
service. Pembroke is likely to request additional certification from the
Federal Communications Commission during the next several years to
expand its OVS service area.

3\. **[Projected Channel Capacity]{.underline}.** Pembroke is providing
OVS service over telephone lines via the Minerva platform. This is
essentially a switched digital service, wherein the programming services
are situated in a server and each customer can select up to three
programming services at any given moment. Pembroke anticipates that it
will have available as many as 80 channel input ports.

4\. **[Carriage Applications and Inquiries]{.underline}.** Potential
video programming providers interested in carriage on Pembroke\'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 James Reeves at Pembroke Advanced Communications, Inc.,
185 East Bacon Street, Pembroke, Georgia 31321. If a potential video
program provider has questions concerning the completion of this form,
James Reeves can be reached by telephone at (912) 653-4389.

Pursuant to Section 76.1503(b)(2) of the Commission\'s Rules, Pembroke
will provide a potential video programming provider with additional
information regarding the OVS system within five (5) business days after
Pembroke\'s receipt by mail of a completed OVS Information Request Form.
The potential video programming provider will be furnished at that time
with additional information regarding carriage on Pembroke\'s OVS
system. This information will include application forms that must be
completed, technical information, equipment requirements, rate
estimates, application fees and reservation deposits, and qualification
requirements.

5\. **[Initial Enrollment Period]{.underline}.** The initial enrollment
period for video programming providers seeking carriage on Pembroke\'s
OVS system will commence on the date the FCC issues a Public Notice of
the filing of this Notice of Intent and end ninety days thereafter.

6\. **[Allocation of Capacity]{.underline}.** Pembroke 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) Pembroke and its affiliates, and (d)
unaffiliated video programming providers exceed the actual capacity of
Pembroke\'s OVS system, then Pembroke 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 Pembroke\'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.

7\. **[Notification Requirements]{.underline}.** Pembroke has complied
with all relevant notification requirements under Section 76.1506 of the
Commission\'s open video system regulations concerning must-carry and
retransmission consent. A list of all local commercial and
non-commercial television stations served is included as Attachment 2.
Also included is a Certificate of Service showing that the present
Notice of Intent has been served on all local cable franchising
authorities entitled to establish requirements concerning the
designation of channels for public, educational and governmental use.

> Respectfully submitted,
>
> **PEMBROKE ADVANCED COMMUNICATIONS, INC.**
>
> By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> James Reeves
>
> Operations Manager
>
> Pembroke Advanced Communications, Inc.
>
> 185 East Bacon Street
>
> Pembroke, Georgia 31321
>
> Phone: (912) 653-4389
>
> Fax: (912) 653-2929
>
> Dated: [September 5, 2002]{.underline}

Attachment 1

**PEMBROKE ADVANCED COMMUNICATIONS, INC.**

**OPEN VIDEO SYSTEM INFORMATION REQUEST FORM**

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

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

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

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

Name of Contact Person:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

**[SECTION II]{.underline}: [Carriage Information]{.underline}**

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

**[SECTION III]{.underline}: [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 Pembroke open video system, and
that it has no formal or informal affiliation (as defined by Section
76.1500(g) of the FCC Rules) or agreement with any other VPP requesting
capacity or with any cable operator providing cable television services
within Pembroke\'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 Pembroke in response to this request, except for information that was
previously in the public domain and except as provided in Section
76.1513(j) of the FCC Rules, and that they will not use the information
for any purpose whatsoever other than making an informed decision as too
whether to enroll in Pembroke\'s open video system and the subsequent
activation of such enrollment, if any.

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

Signature Printed Name and Title

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

Please mail to:

James Reeves

Pembroke Advanced Communications, Inc.

185 East Bacon Street

Pembroke, Georgia 31321

# [CERTIFICATION]{.underline}

# 

I, James Reeves, hereby certify that on or before this 5th day of
September, 2002, I caused must-carry-retransmission consent election
notification by US mail to all commercial and noncommercial television
stations operating within Pembroke Advanced Communications, Inc. open
video system service area, as indicated by the attached service list.

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> James Reeves
>
> Operations Manager
>
> Pembroke Advanced Communications, Inc.
>
> 185 East Bacon Street
>
> Pembroke, Georgia 31321

# Letter to Local TV Station

Dear (TV Station Manager):

Please allow this letter to serve as notice that Pembroke Advanced
Communications, Inc. (Pembroke) will be operating an open video system
in the Pembroke service area. The new system is scheduled to begin
operations this year. It is our intention to carry your station.

Federal Communications Commission regulations (§76.1506) require that we
provide this notice and that you, in turn, notify us of your station's
request for carriage and channel position. All video programming
providers on Pembroke's open video system will be notified of your
decision.

We ask that you notify us in writing within thirty (30) days of this
letter of your election of must carry status or of your intent to enter
into a retransmission consent agreement. Please make all notifications
to:

## James Reeves

> Operations Manager
>
> Pembroke Advanced Communications, Inc.
>
> 185 East Bacon Street
>
> Pembroke, Georgia 31321

Sincerely,

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

James Reeves

Operations Manager

Pembroke Advanced Communications, Inc.

Attachment 2

**NAMES AND ADDRESSES OF LOCAL**

**[COMMERCIAL AND NON-COMMERCIAL TELEVISION STATIONS
SERVED]{.underline}**

WVAN Public Broadcasting Station

86 Vandiver Street

Pembroke, Georgia 31321

WSAV -- TV NBC 3

1430 East Victory Drive

Savannah, Georgia 31404

WJCL -- TV ABC 22

10001 Abercorn Street

Savannah, Georgia 31406

WTGS -- FOX 28

10001 Abercorn Street

Savannah, Georgia 31406

WTOC -- CBS

P.O. Box 8086

Savannah, Georgia 31412

WGSA -- UPN TV 34

East Jekyll Road

Baxley, Georgia 31513

Local Government Letter

Dear City Administrator:

Please allow this letter to serve as notice that Pembroke Advanced
Communications, Inc. has filed with the FCC for an Open Video System
Certification. It is our intent to directly compete with the local
incumbent video provider.

Pursuant to FCC regulations (§76.1506) we also intend to make available
to the City the use of capacity of public, educational, and governmental
programming, should the City desire.

Please provide written notice 30 days in advance of the City's intended
use of the public, educational and governmental channel capacity. Please
make all notifications to:

## James Reeves

> Operations Manager
>
> Pembroke Advanced Communications, Inc.
>
> 185 East Bacon Street
>
> Pembroke, Georgia 31321

Sincerely,

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

James Reeves

Operations Manager

Pembroke Advanced Communications, Inc.

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

I, James Reeves, an employee with Pembroke Advanced Communications,
Inc., hereby certify that I mailed on this 5th day of September, 2002,
the foregoing NOTICE OF INTENT TO ESTABLISH AN OPEN VIDEO SYSTEM by
first class U.S. mail, postage prepaid, to the following city and town
clerks of the local cable franchising authorities within Pembroke
Advanced Communications, Inc.'s certified open video system area:

Betty Hill, City Clerk

City of Pembroke

P.O. Box 130

160 North Main Street

Pembroke, Georgia 31321

Donna Waters, Clerk

Bryan County

P.O. Box 430

116 Lanier Street

Pembroke, Georgia 31321

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

James Reeves