Open Video System

Notice of Intent

Attention

Media Bureau

# BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20054

In the Matter of )

EASYTEL COMMUNICATIONS )

CARRIER CORPORATION )

)

) File No. [ ]{.underline}

)

Notice of Intent to Establish )

an Open Video System )

**NOTICE OF INTENT**

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

EasyTEL Communications Carrier Corporation (EasyTEL) 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"). EasyTEL submits
the following information as required by Section 76.1503(b)(1):

1\. The OVS operator is EasyTEL Communications Carrier Corporation. The
contact person for the operator, T. E. Kloehr, is located at 7335 S.
Lewis, Suite 100, Tulsa, Oklahoma 74136. Telephone contact may be made
at (918) 523-8000.

2\. EasyTEL's projected service area will encompass those portions of
the City of Tulsa, Oklahoma bounded on the West by the Arkansas River,
on the North by Admiral Boulevard, on the East by Garnett Road and to
the South by the City Limit boundary. Initially it is estimated that
EasyTEL will serve approximately 2,000 business subscribers located in
the service area. EasyTEL's principal headend location and hub site is
at 7335 S. Lewis Ave., Tulsa, Oklahoma. The hub site is served by and
technically integrated with the principal headend.

3\. The Open Video System will have a maximum of 110 channels of 6 Mhz
each available, which may be used to carry analog channels. EasyTEL's
system will satisfy all OVS channel capacity requirements.

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

T. E. Kloehr

7335 S. Lewis Ave., Suite 100

Tulsa, Oklahoma 74136

Telephone: (918) 523-8000

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 EasyTEL 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 EasyTEL's Open Video System. If a
VPP decides to seek carriage on EasyTEL'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
EasyTEL and/or its affiliates. In addition, EasyTEL will utilize
approximately six channels to carry public programs, educational
programs, and governmental programs, in addition to approximately twelve
"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 EasyTEL and its affiliates.

6\. The enrollment period for VPPs seeking carriage on EasyTEL's Open
Video System will commence on January 25, 2005, and will conclude April
25, 2005 or 90 days after the FCC releases a public notice of this
Notice of Intent. In order to allow for contract finalization, ensure
orderly channel allocation and allow timely systems allocation to occur,
VPPs are encouraged to submit their enrollment requests as early as
possible during the enrollment period. Allocation of capacity in the
event demand exceeds system capacity will occur as described in
Attachment 2.

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

Respectfully submitted,

EASYTEL COMMUNICATIONS CARRIER CORPORATION

[ \_\_\_\_\_\_\_\_\_\_]{.underline}

T. E. Kloehr

EASYTEL COMMUNICATIONS CARRIER CORPORATION

7335 S. Lewis Ave., Suite 100

Tulsa, Oklahoma 74136

\(918\) 523-8010 (Phone) (918) 477-2010 (FAX)

Dated: [ ]{.underline}

Attachment 1

**EASYTEL COMMUNICATIONS CARRIER CORPORATION**

**OPEN VIDEO SYSTEM**

## INFORMATION REQUEST FORM

Section I: Video Programming Provider Information

Name of Company: [ ]{.underline}

Name of Contact: [ ]{.underline}

Address: [ ]{.underline}

Telephone: [ ]{.underline}

Facsimile: [ ]{.underline}

Section II: Carriage Information

Total amount of capacity requested: [ ]{.underline} 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 EasyTEL Communications
Carrier Corporation ("EasyTEL") open video system, and that it is not a
competing, in-region, cable operator and has no 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 to subscribers located within EasyTEL's open video
system service area, and that the capacity requested will only be used
for the commercial operation of a cable service. The VPP and its
affiliates agree not to disclose to any other party the information
provided by EasyTEL 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(j) 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 EasyTEL\'s open video system and the
subsequent activation of such enrollment, if any.

Signature Name Title Date

Attachment 2

EASYTEL COMMUNICATIONS CARRIER CORPORATION

OPEN VIDEO SYSTEM

CHANNEL ALLOCATION PROCESS

EasyTEL's anticipated total system capacity on its Open Video System is
110 channels of 6 Mhz each (channels). The following channel allocations
already have been made:

EasyTEL: 37 channels for video programming + approximately 18 channels
for the PEG/must-carry requirements. The remaining number of channels to
be allocated is 55.

Initial capacity requests must be submitted by April 25, 2005. 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 rata 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 55 channels and a request for 95 channels from multiple
VPPs.

  ------- -------------------- --------------------- ------------------------------ -------------------------------------------------- ---------------------------
  VPP     Channels Requested   Minimum Allocations   Remaining Channels Requested   Ratio of Rmng Chal Avlble to Rmng Chal Requested   No. of Channels Allocated
                                                                                                                                       
  A       2                    2                     0                              \-                                                 2
  B       6                    6                     0                              \-                                                 6
  C       20                   6                     14                             .42                                                12
  D       30                   6                     24                             .42                                                16
  E       37                   6                     31                             .42                                                19
  Total   95                   26                    69                                                                                55
                                                                                                                                       
  ------- -------------------- --------------------- ------------------------------ -------------------------------------------------- ---------------------------

Because VPPs C, D, and E 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 29 (55
channels minus 26 channels).

The number of available channels to be allocated on a pro rata basis
(29) is divided by the remaining number of channels requested (69) which
equals .42. This factor is used to calculate the distribution of the
remaining 29 channels to VPPs C, D, and E.

The remaining channels requested by VPPs C, D, and E are multiplied by
the pro rata factor (.42) 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.

EasyTEL will mail a notification to each VPP to confirm the channel
capacity allocation by April 26, 2005. Any VPP that is allocated fewer
channels than it initially requested may withdraw its channel capacity
request by notifying EasyTEL by Certified Mail. Cancellations must be
received by 5:00 p.m. on May 2, 2005. 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.
On May 12, 2005, EasyTEL will mail a notification to each remaining VPP
to confirm the final channel capacity allocation.

**[CERTIFICATION]{.underline}** Attachment 3

I, T. E. Kloehr, hereby certify that on or before this 24^th^ day of
January 2005, I caused must-carry/retransmission consent election
notification to be sent by Certified Mail to all commercial and
noncommercial television stations operating within EasyTEL's Open Video
System television market, as indicated by the below service list.

T. E. Kloehr

President

+----------------------+----------------------+----------------------+
| **Company**          | **Address**          | **City, State, Zip** |
+----------------------+----------------------+----------------------+
| Scripps Howard       | 312 Walnut Street,   | Cincinnati, Ohio     |
| Broadcasting Company | 28^th^ Floor         | 45202                |
| -- KJRH-TV           |                      |                      |
+----------------------+----------------------+----------------------+
| Griffin Licensing,   | 302 S. Frankfort     | Tulsa, Oklahoma      |
| L.L.C. -- Station    |                      | 74101                |
| KOTV-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| KTUL, LLC            | 3400 S. 29^th^ West  | Tulsa, Oklahoma      |
|                      | Avenue               | 74107                |
| KTUL-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Oklahoma Educational | 7403 North Kelley    | Oklahoma City,       |
| Television Authority | Avenue               | Oklahoma 73111       |
| --                   |                      |                      |
|                      |                      |                      |
| KOED-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Trinity Broadcasting | P. O. Box C-11949    | Santa Ana,           |
| Network              |                      | California 92711     |
|                      |                      |                      |
| KDOR-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Tulsa                | 6910 E. 14^th^       | Tulsa, Oklahoma      |
| Communications,      | Street               | 74112                |
| L.L.C. Broadcast     |                      |                      |
| Center -- KWBT-TV    |                      |                      |
+----------------------+----------------------+----------------------+
| Clear Channel        | 2625 S. Memorial     | Tulsa, Oklahoma      |
| Broadcasting         | Drive, Suite A       | 74129                |
| Licenses, Inc. --    |                      |                      |
| KOKI-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Board of Regents of  | 1701 W. Will Rogers  | Claremore, Oklahoma  |
| Oklahoma Colleges -- | Blvd.                | 74017                |
| KRSC-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Clear Channel        | 2625 S. Memorial     | Tulsa, Oklahoma      |
| Broadcasting         | Drive, Suite A       | 74129                |
| Licenses, Inc. --    |                      |                      |
| KTFO-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| Paxson Tulsa         | 601 Clearwater Park  | West Palm Beach,     |
| License, Inc. --     | Road                 | Florida 33401        |
| KTPX -- TV           |                      |                      |
+----------------------+----------------------+----------------------+
|                      |                      |                      |
+----------------------+----------------------+----------------------+
| Lesea Broadcasting   | 61300 S. Ironwood    | South Bend, Indiana  |
| of Tulsa, Inc. --    | Road                 | 46614                |
| KWHB-TV              |                      |                      |
+----------------------+----------------------+----------------------+
| University           | 7777 South Lewis     | Tulsa, Oklahoma      |
| Broadcasting, Inc.   | Avenue               | 74171                |
|                      |                      |                      |
| KGEB-TV              |                      |                      |
+----------------------+----------------------+----------------------+
|                      |                      |                      |
+----------------------+----------------------+----------------------+

### Attachment 4

### January 24, 2005

Dear

This letter is to notify you that EasyTEL Communications Carrier
Corporation intends to begin operating an Open Video System ("OVS") to
serve certain areas of the City of Tulsa, Oklahoma. It is currently
planned that service activation is to occur on or around April 25, 2005.

FCC rules require that we provide this notice and that you, in turn,
notify us of your station's request for carriage under "must carry"
rules or if you are a commercial station of your election to forego
"must carry" and request the negotiation of a "retransmission consent"
agreement. 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 has
made with respect to the Cox Cable System serving the City of Tulsa.

To facilitate the election notification process, we have attached a form
that should be used to transmit your election to us. If your station is
electing "must carry", you need only check the appropriate box in the
"Must Carry" section, provide your channel request, sign, date and
return an original copy of the election form to us. Any video
programming providers (VPPs) on EasyTEL's Open Video System will be
notified of your decision. If you elect "must carry", EasyTEL, 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 on the system's launch date unless there is a conflicting
channel position election or we encounter signal quality difficulties.
Should this occur, we will contact you for resolution.

If your station elects "retransmission consent", we ask that you check
the box in the "Retransmission Consent" section of the attached form,
sign and date the form and return an original copy to us along with your
proposal for a "retransmission consent" agreement. In addition, all VPPs
on EasyTEL's Open Video System will be notified of your decision to
elect "retransmission consent". You may negotiate with one or more VPPs
delivering programming over the EasyTEL OVS for inclusion in their
programming package.

Please make all notifications to EasyTEL by sending the notice to:

T. E. Kloehr

EASYTEL COMMUNICATIONS CARRIER CORPORATION

7335 S. Lewis Ave., Suite 100

Tulsa, Oklahoma 74136

If you have questions, please call me at (918) 523-8000.

Sincerely,

T. E. Kloehr

President

## EasyTEL Communications Carrier Corporation

**Open Video System**

#### Television Station Carriage Election

The undersigned Licensee of the identified television station hereby
makes the following election with regard to carriage on the EasyTEL
Communication Carrier Corporation Open Video System:

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

**Must-Carry Election**

The Television station identified below elected "must-carry" status on
the Cox Cable System for the period ending December 31, 2005 and hereby
elects "must-carry" status on the EasyTEL Open Video System for the same
period.

Carriage on Channel \_\_\_\_\_\_ is acceptable. At EasyTEL's election,
Digital 8-VSB signals may be passed through on any available channel and
displayed based on the Virtual Channel Table indicated in the PSIP
information transmitted with the signal.

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

**Retransmission Consent**

The Television station identified below elected "retransmission consent"
status on the Cox Cable System for the period ending December 31, 2005
and hereby elects "retransmission consent" status on the EasyTEL Open
Video System for the same period. Attached is a proposal for a
"Retransmission Consent" agreement.

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

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

Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

Licensee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Station:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mailing Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

Telephone Number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

### Attachment 5

**CERTIFICATE OF SERVICE**

I, T. E. Kloehr, hereby certify that I have caused copies of the
foregoing Open Video System "Notice of Intent" of EasyTEL Communication
Carrier Corporation to be sent via certified mail on the 25th day of
January 2005 to the following local franchising authorities listed
below:

Honorable William D. LaFortune

Mayor, City of Tulsa

200 Civic Center, 11^th^ Floor

Tulsa, Oklahoma 74103

Martha Rupp Carter, Esq.

City of Tulsa Legal Department

200 Civic Center, Third Floor

Tulsa, Oklahoma 74103

T. E. Kloehr

President