Open Video System

Notice of Intent

Attention Cable

Services Bureau

# BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20054

In the Matter of )

WH LINK, LLC )

)

)

) File No.

)

Notice of Intent to Establish )

an Open Video System )

> **NOTICE OF INTENT**

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

WH LINK, LLC (WH LINK) 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), WH LINK,
respectfully submits the following information:

1\. The OVS operator is WH LINK, LLC. 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 320-274-7271.

2\. WH LINK's projected service area will encompass portions of Wright
County and Hennepin County, Minnesota including all or portions of the
following incorporated communities:

  ----------------------------------------- -----------------------------
  **[Community]{.underline}**               **[CUID#]{.underline}**

  Areas of Buffalo, MN                      MN0468

  Areas of Otsego, MN                       MN0502

  Areas of Plymouth, MN                     MN1111

  Areas of Medina, MN                       MN0568

  Areas of Maple Grove, MN                  MN0311

  Areas of Rockford, MN                     MN0457
  ----------------------------------------- -----------------------------

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. WH LINK's system will satisfy all OVS channel capacity
requirements.

4\. Video Programming Providers (VPP) interested in carriage of WH
LINK'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

320/274-7271

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 WH LINK 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 WH LINK's open video system. If a
VPP decides to seek carriage on WH LINK'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 WH
LINK and/or its affiliates. In addition, WH LINK will utilize
approximately three channels to carry public programs, educational
programs, 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 WH LINK and its affiliates.

6\. The enrollment period for VPPs seeking carriage on WH LINK's open
video system will commence on May 9, 2001, and will conclude August 31,
2001. 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 July 1,
2001. Allocation of capacity in the event demand exceeds system capacity
will occur as described in Attachment 2.

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

Respectfully submitted,

WH LINK, LLC

Gene R. South, Sr.

WH LINK, LLC

9938 State Hwy 55 NW

PO Box 340

Annandale, MN 55302-0340

(320)274-7271 (Phone)

(320)274-3440 (FAX)

Dated:

Attachment 1

WH LINK, 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: 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 WH LINK 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 WH LINK'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 WH LINK
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 WH LINK's open video system and the subsequent activation of
such enrollment, if any.

Signature Name Title Date

Attachment 2

WH LINK, LLC

OPEN VIDEO SYSTEM

CHANNEL ALLOCATION PROCESS

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

WH LINK: 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 July 31, 2001. 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-rate 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.

WH LINK will mail a notification to each VPP to confirm the channel
capacity allocation by July 15, 2001. Any VPP that is allocated fewer
channels than it initially requested may withdraw its channel capacity
request by notifying WH LINK by mail. Cancellations must be received by
5:00 p.m. on July 24, 2001. 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. One July
28, 2001, WH LINK 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 8^th^ day
of May, 2001, I caused must-carry-retransmission consent election
notification to be sent by US mail to all commercial and noncommercial
television stations operating within WH LINK's open video system
television market, as indicated by the attached service list.

Gene R. South, Sr.

Executive Vice President

May 8, 2001 Attachment 4

Dear

This letter serves to inform you that WH LINK. LLC intends to begin
operating an Open Video System ("OVS") in and around the areas of
Buffalo, Otsego, Plymouth, Medina, Maple Grove and Rockford, Minnesota.
Service activation is expected to occur on August 1, 2001. 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 WH LINK to copyright liability.

If your station is 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
WH LINK's Open Video System will be notified of your decision. If you
elect "must carry", WH LINK 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 WH LINK 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 specify that WH LINK, as the system operator,
must receive notification with respect to black-out requirements related
to sports broadcasts, network non-duplication, and syndicated
exclusively. WH LINK 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 WH LINK required by these regulations
to:

Gene R. South, Sr.

WH LINK, LLC

9938 State Hwy 55 NW

PO Box 340

Annandale, MN 55302-0340

Please call me at 320-274-7271 if you have any questions.

Sincerely,

Gene R. South, Sr.

President

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 WH LINK, LLC to be
sent via certified mail on the 8^th^ day of May, 2001 to the following
local franchising authorities listed below:

Merton Auger

City Administrator -- City of Buffalo

212 Central Ave

Buffalo, MN 55313

Alan Madsen

City Administrator -- City of Maple Grove

12800 Arbor Lakes Parkway

Maple Grove, MN 55369

Paul Robinson

City Administrator -- City of Medina

2052 Co Rd 24

Medina, MN 55340

Mike Robertson

City Administrator -- City of Otsego

8899 Nashua Ave NE

Elk River, MN 55330

Dwight Johnson

City Administrator -- City of Plymouth

3400 Plymouth Blvd

Plymouth, MN 55447

Nancy Evers

City Administrator -- City of Rockford

6031 Main St

Rockford, MN 55373

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

President

+------------------+---------+-----------------+----------------------+
| **Company**      | *       | **Address**     | **City, State, Zip** |
|                  | *Name** |                 |                      |
+------------------+---------+-----------------+----------------------+
| CBS, Inc.        | Jan     | 90 S 11^th^     | Minneapolis, MN      |
|                  | M       | Street          | 55403                |
| WCCO-TV          | cDaniel |                 |                      |
+------------------+---------+-----------------+----------------------+
| Hubbard          | Ed      | 3415 University | St. Paul, MN 55114   |
| Broadcasting,    | Piette  | Avenue          |                      |
| Inc.             |         |                 |                      |
|                  |         |                 |                      |
| KSTP-TV          |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| United TV, Inc.  | Stuart  | 11358 Viking    | Minneapolis, MN      |
|                  | Swartz  | Drive           | 55344-7258           |
| KMSP-TV          |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| Gannett          | John    | 8811 Olson      | Minneapolis, MN      |
| Minnesota        | Remes   | Memorial Hwy    | 55427                |
|                  |         |                 |                      |
| Broadcasting,    |         |                 |                      |
| Inc.             |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| Paxson Comm of   | David   | Box 407, 22601  | Big Lake, MN 55309   |
| Minneapolis      | P       | 176^th^ St.     |                      |
|                  | eterson |                 |                      |
| KPXM             |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| KVBM Television  | Daniel  | Suite 45        | St. Paul, MN 55101   |
| Inc.             | Peters  |                 |                      |
|                  |         | 1080 County Rd  |                      |
| KVBM             |         | E West          |                      |
+------------------+---------+-----------------+----------------------+
| KMWB             | Dan     | 1640 Como Ave   | St. Paul, MN 55108   |
|                  | Mellon  |                 |                      |
+------------------+---------+-----------------+----------------------+
| KTCI-TCPT        | James   | 172 E 4^th^     | St. Paul, MN 55101   |
|                  | Pag     | Street          |                      |
|                  | liarini |                 |                      |
+------------------+---------+-----------------+----------------------+
| KTCA-TCPT        | James   | 172 E 4^th^     | St. Paul, MN 55101   |
|                  | Pag     | Street          |                      |
|                  | liarini |                 |                      |
+------------------+---------+-----------------+----------------------+
| West Central MN  | Ansel   | 120 W Schlieman | Appleton, MN 56208   |
|                  | Doll    |                 |                      |
| Educational TV   |         |                 |                      |
| Co               |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| Fox-29 WFTC TV   |         | 1701 Broadway   | Minneapolis, MN      |
|                  |         | St NE           | 55413                |
+------------------+---------+-----------------+----------------------+