**OPEN VIDEO SYSTEM**

**NOTICE**

**OF INTENT**

**ATTENTION:**

**MEDIA BUREAU**

**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, DC 20554**

In the Matter of )

)

SunWest Communications, Inc. ) File No. \_\_\_\_\_\_\_

)

Notice of Intent to Establish )

An Open Video System )

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

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

1\. **[OVS Operator]{.underline}.** The name, address and telephone
number of the OVS Operator is SunWest Communications, Inc. 2790 N.
Academy Blvd. Colorado Springs, CO 80917. The contact person is Bart
Atkinson, President. Bart Atkinson can be reached by mail at the above
street address, by telephone at (719) 559-8418, and by facsimile at
(719) 592-0836.

2\. **[Projected Service Area]{.underline}.** SunWest\'s projected
additional OVS service area encompasses the City of Colorado Springs,
Colorado and El Paso County, Colorado. Sunwest currently does not
provide OVS service. SunWest 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}.** SunWest is providing
OVS service over Fiber Optic cable via the Wave 7 platform. SunWest
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 SunWest\'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 Bart Atkinson, SunWest Communications 2790 N. Academy
Blvd. Colorado Springs, CO 80917. If a potential video program provider
has questions concerning the completion of this form, Bart Atkinson can
be reached by telephone at (719) 559-8418.

Pursuant to Section 76.1503(b)(2) of the Commission\'s Rules, SunWest
will provide a potential video programming provider with additional
information regarding the OVS system within five (5) business days after
SunWest\'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 SunWest\'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 SunWest\'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}.** SunWest 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) SunWest and
its affiliates, and (d) unaffiliated video programming providers exceed
the actual capacity of SunWest\'s OVS system, then SunWest 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 SunWest\'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}.** SunWest 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. 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,
>
> **SunWest Communications, Inc.**
>
> By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Bart Atkinson
>
> President
>
> SunWest Communications, Inc.
>
> 2790 N. Academy Blvd.
>
> Colorado Springs, CO 80917
>
> Phone: (719) 559-8418
>
> Fax: (719) 592-0836
>
> Dated: [March 1, 2004]{.underline}

Attachment 1

**SunWest 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 SunWest\'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 SunWest 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 SunWest\'s open video system and the subsequent
activation of such enrollment, if any.

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

Signature Printed Name and Title

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

Please mail to:

Bart Atkinson

SunWest Communications, Inc.

2790 N. Academy Blvd.

Colorado Springs, CO 80917

Local Government Letter

Dear City Administrator:

Please allow this letter to serve as notice that SunWest 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:

## Bart Atkinson

> President
>
> SunWest Communications, Inc.
>
> 2790 N. Academy Blvd.
>
> Colorado Springs, CO 80917

Sincerely,

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

Bart Atkinson

President

SunWest Communications, Inc.

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

I, Bart Atkinson, an employee with SunWest Communications, Inc., hereby
certify that I mailed on this 27th day of February, 2004, 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 SunWest Communications,
Inc.'s certified open video system area:

City Clerk Office

City of Colorado Springs

30 S. Nevada Suite 101

Colorado Springs, CO 80903

J Patrick Kelly, County Clerk

El Paso County

200 S. Cascade Ave.

Colorado Springs, CO 80903

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

Bart Atkinson