Open Video System

Notice of Intent

Attention Media

Bureau

# BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20054

In the Matter of )

PrairieWave Telecommunications, Inc. )

)

)

) File No.

)

Notice of Intent to Establish )

an Open Video System )

> **NOTICE OF INTENT**

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

PRAIRIEWAVE TELECOMMUNICATIONS, INC., (PrairieWave) 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), PrairieWave, respectfully submits the following
information:

1\. The OVS operator is PRAIRIEWAVE TELECOMMUNICATIONS, INC. The contact
person for the operator, Patrick J. Mastel, is located at 5100 S
Broadband Lane, Sioux Falls, SD 57108. Mr. Mastel may be reached at
605-965-9359.

2\. PrairieWave's projected service area will encompass the City of
Sioux Falls, SD:

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

  Areas of Sioux Falls, SD                  SDXXXX
  ----------------------------------------- -----------------------------

3\. The open video system will have a maximum of 300 digital channels,
each consisting of an average of 4 megabits of capacity. PrairieWave's
system will satisfy all OVS channel capacity requirements.

4\. Video Programming Providers (VPP) interested in carriage of
PrairieWave's open video system may obtain additional information about
the system by completing the OVS Information Request Form (Attachment 1)
and submitting it to:

Patrick J. Mastel

Sr. Legal Counsel

5100 S Broadband Lane

Sioux Falls, SD 57108

605-965-9359

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

6\. The enrollment period for VPPs seeking carriage on PrairieWave's
open video system will commence on January 19, 2004, and will conclude
April 19, 2004. 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
March 5, 2004. Allocation of capacity in the event demand exceeds system
capacity will occur as described in Attachment 2.

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

Respectfully submitted,

PRAIRIEWAVE TELECOMMUNICATIONS, INC,

[/s/]{.underline}

William P. Heaston

PRAIRIEWAVE TELECOMMUNICATIONS, INC.

5100 S Broadband Lane

Sioux Falls, SD 57108

(605)965-9894 (Phone)

(605)965-7867 (FAX)

Dated: [January 16, 2004]{.underline}

Attachment 1

PRAIRIEWAVE TELECOMMUNICATIONS, INC.

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

Signature Name Title Date

Attachment 2

PRAIRIEWAVE TELECOMMUNICATIONS, INC.

OPEN VIDEO SYSTEM

CHANNEL ALLOCATION PROCESS

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

PrairieWave: 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 March 5, 2004. 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.

PrairieWave will mail a notification to each VPP to confirm the channel
capacity allocation by March 15, 2004. Any VPP that is allocated fewer
channels than it initially requested may withdraw its channel capacity
request by notifying PrairieWave by mail. Cancellations must be received
by 5:00 p.m. on March 31, 2004. 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
March 31, 2004, PrairieWave will mail a notification to each remaining
VPP to confirm the final channel capacity allocation.

[CERTIFICATION]{.underline} Attachment 3

I, William P. Heaston, hereby certify that on or before this 16 day of
January, 2004, I caused must-carry-retransmission consent election
notification to be sent by US mail to all commercial and noncommercial
television stations operating within PrairieWave's open video system
television market, as indicated by the attached service list.

[/s/]{.underline}

William P. Heaston

General Counsel

January 15, 2004 Attachment 4

Dear

This letter serves to inform you that PrairieWave Telecommunications,
Inc. intends to begin operating an Open Video System ("OVS") in and
around the area of Sioux Falls, SD. Service activation is expected to
occur on or about April 20, 2004. 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 Viborg, SD, and provided further that carriage of the
station will not subject PrairieWave 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
PrairieWave's Open Video System will be notified of your decision. If
you elect "must carry", PrairieWave 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 PrairieWave 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 Sioux Falls, SD.

The FCC's OVS Rules are specify that PrairieWave, as the system
operator, must receive notification with respect to black-out
requirements related to sports broadcasts, network non-duplication, and
syndicated exclusively. PrairieWave 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 PrairieWave required by these
regulations to:

Patrick J. Mastel, Sr. Counsel

PrairieWave Telecommunications, Inc.

5100 S Broadband Lane

Sioux Falls, SD 57108

Please call Mr. Mastel at 605-965-9539 if you have any questions.

Sincerely,

William P. Heaston

General Counsel

Attachment 5

**CERTIFICATE OF SERVICE**

I, William P. Heaston, hereby certify that I have caused copies of the
foregoing open video system "Notice of Intent" of PRAIRIEWAVE
TELECOMMUNICATIONS, INC., to be hand delivered on the 16 day of January
2004 to the following local franchising authorities listed below:

Sioux Falls, SD:

City Attorney---Gary Colwell

224 West 9^th^ St.

Sioux Falls, SD 57104

> [/s/]{.underline} ![](media/image1.wmf){width="0.5666666666666667in"
> height="0.5666666666666667in"}
>
> William P. Heaston

General Counsel

+------------------+---------+-----------------+----------------------+
| **Company**      | *       | **Address**     | **City, State, Zip** |
|                  | *Name** |                 |                      |
+------------------+---------+-----------------+----------------------+
| KELO-TV          | Marc    | 501 S Phillips  | Sioux Falls, SD      |
|                  | An      | Ave.            | 57104                |
|                  | tonitis |                 |                      |
|                  | Gen.    |                 |                      |
|                  | Mgr.    |                 |                      |
+------------------+---------+-----------------+----------------------+
| .                | Gary    | 3600 S Westport | Sioux Falls, SD      |
|                  | Bolton  | Ave             | 57116-0196           |
| KDLT-TV          |         |                 |                      |
|                  | Gen.    |                 |                      |
|                  | Mgr.    |                 |                      |
+------------------+---------+-----------------+----------------------+
| KSFY-TV          | Douglas | 1820 East       | Indianapolis, IN     |
|                  | Smith.  | 81^st^ St.      | 46240                |
| C/O ATV          |         |                 |                      |
| Broadcast        |         |                 |                      |
| Consultants      |         |                 |                      |
+------------------+---------+-----------------+----------------------+
| KTTW-TV.         | Ed      | PO Box 5103     | Sioux Falls, SD      |
|                  | H       |                 | 57117                |
|                  | offman, |                 |                      |
|                  | Mgr.    |                 |                      |
+------------------+---------+-----------------+----------------------+
| KAUN-TV          |         | 300 N Dakota,   | Sioux Falls, SD      |
|                  |         | Suite 110       | 57104                |
+------------------+---------+-----------------+----------------------+