*Pages 1--13 from  D:\Pdf2Text\Ready4Text_in\pdf\5491.pdf*
 . 
 Open  Video  System  Notice  of  Intent 
 Attention:  Cable  Services  Bureau 
1
 Before  the 
 Federal  Communications  Commission 
 Washington  D.  C.  20554 

 In  the  Matter  of  )  File  No. 
 TESS  Communications  of  Colorado,  Inc.  ) 
 Notice  of  Intent  to  Establish  an  Open  Video  System  ) 

 Notice  Of  Intent  To  Establish 
 An  Open  Video  System 

 TESS  Communications  of  Colorado,  inc.,  (L  TESS),  pursuant  to  Section  651  of 
 the  Telecommunications  Act  as  amended  in  1996  and  Section  76.1503(  b)(  l)  of  Title  47 

 C.  F.  R.,  hereby  submits  its  Notice  of  Intent  (  NOI)  to  establish  an  Open  Video  System 
 (  OVS)  in  the  State  of  Colorado.  As  required  by  47  CFR  76.1503(  b)(  l),  TESS 
 respectfully  submits  the  following  information: 
 1.  The  OVS  Operator  is  TESS  Communications  of  Colorado,  Inc..  The  contact 
 person  for  the  Operator  is: 
 Klayton  F.  Fennell  Director  of  Regulatory  Affairs 
 12050  North  Pecos  Avenue,  Suite  300 
 Westminster,  Colorado  80234 
 Phone:  303.254.9000  ext.  103 
 eFax:  509-  277-  9550  fennell  @  tesscom.  com 
2
 TESS  COMMUNICATIONS  OF  COLORADO,  INC. 
 NOTICE  OF  INTENT  -  OVS  4  December  2000.  PAGE  2 

 2.  Channel  Capacity:  TESS  Open  Video  System  projected  service  area 
 includes  the  following  Colorado  communities: 
 Fort  Collins  Commerce  City  Thornton 
 Northglenn  Loveland  Aurora 
 Douglas  County, 
 including  Castle  Rock 
 Longmont  Arvada 

 TESS  is  currently  communicating  with  each  of  these  communities  in  an 
 effort  to  secure  an  OVS  franchise  in  each  of  their  respective  communities. 

 3.  The  Open  Video  System  will  initially  have  a  maximum  of  76  analog 
 channels  and  200MHz  of  digital  capacity.  Subject  to  demand  from  prospective  Video 
 Programming  Providers  (  VPPs),  TESS  will  evaluate  and  may  implement  an  alternative 
 technology  including,  but  not  limited  to,  a  switched  digital  open  video  system. 

 4.  Carriage  Applications:  VPPs  interested  in  carriage  on  TESS  Open  Video 
 System  may  obtain  additional  information  about  the  system  by  completing  the  OVS 
 Information  Request  Form  /Attachment  1)  and  submitting  it  to: 
 Paul  Barth 
 Senior  Network  Engineer 
 TESS  Communications,  Inc. 
 12050  N.  Pecos  Westminster,  CO  80234 

 (303)  254-  9000,  ext.  124 
 (303)  254-  9500,  Fax 

 Pursuant  to  47  C.  F.  R.  76.1503(  b)(  2),  within  five  (5)  business  days  after  the 
 receipt  of  a  completed  OVS  Information  Request  Form,  TESS  will  provide  the 
 prospective  VPP  with  additional  information  regarding  the  Open  Video  System  to  enable 
3
 TESS  COMMUNICATIONS  OF  COLORADO,  INC. 
 NOTICE  OF  INTENT  -  OVS  4  December  2000,  PAGE  3 

 the  prospective  VPP  to  make  an  enrollment  decision.  With  this  information,  the 
 prospective  VPP  will  also  be  provided  with  additional  forms  and  instructions  necessary 

 for  carriage  on  TESS  Open  Video  System.  If  a  prospective  VPP  decides  to  seek 
 carriage  on  TESS  Open  Video  System  after  receipt  of  the  additional  information,  the 
 prospective  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.  TESS  has  no  affiliated  video  programming  providers.  Therefore,  TESS  OVS 
 is  by  default  open  to  unaffiliated  VPPs.  The  Commission  should  be  aware  that  the 
 Head  End  that  will  provide  OVS  services  to  the  Colorado  communities  detailed  in  Para. 
 2  currently  provides  multichannel  video  programming  services  to  Mead,  Colorado  and 
 will  provide  multichannel  video  programming  services  to  Brighton,  Colorado  on 
 December  1,  2000.2  Since  TESS  has  no  affiliated  interest  in  any  of  the  VPPs  currently 
 providing  programming  services  via  this  Head  End,  TESS  asserts  that  the  System  is 
 already  open  to  unaffiliated  VPPs.  TESS  allocation  process  for  additional  VPPs 
 requesting  space  is  delineated  in  Attachment  2. 

 6.  Enrollment  Period:  The  enrollment  period  for  additional  VPPs  seeking 
 carriage  on  TESS  Open  Video  System  will  commence  on  November  8,  2000  and  will 
 conclude  on  February  15,  2001.  In  order  to  allow  for  contract  finalization,  ensure 
 channel  allocation  and  allow  timely  system  allocation  to  occur,  prospective  VPPs  must 
 submit  their  preliminary  enrollment  requests  no  later  than  January  15,  2001.  Allocation 

   On  August  31,  2000  TESS  Communications,  Inc.  acquired  Mead  Entertainment  and  Information  Cable, 
 Incs  (  MEIs)  assets  used  or  held  for  use  in  its  CATV  business  as  conducted  within  the  Mead,  Colorado 
 franchise  area.  *  The  Brighton  City  Ordinance  approving  TESS  Communications  of  Colorado,  Incs  Multichannel  Video 

 Programming  Distribution  System  Franchise  Agreement  will  be  presented  for  its  second  and  final  reading 
 on  Nov.  7,  2000.  The  Ordinance  was  approved  unanimously  on  its  first  reading  on  October  3,  2000. 
4
 TESS  COMMUNICATIONS  OF  COLORADO,  INC. 
 NOTICE  OF  INTENT  -  OVS  4  December  2000,  PAGE  4 

 of  capacity  in  the  event  demand  exceeds  system  capacity  will  proceed  as  described  in 
 Attachment  2. 

 7.  Attached  is  a  certification  that  TESS  has  complied  with  all  the  relevant 
 notification  requirements  under  47  CFR  76.1506,  the  Commissions  OVS  regulations 
 concerning  Carriage  of  television  Broadcast  signals.  Moreover,  TESS  certifies  that  its 
 OVS  also  is  compliant  with  47  CFR  76.1506  (2)(  e),  the  rules  regarding  must-  carry  and 
 retransmission  consent.  A  list  of  all  the  local  commercial  and  non-  commercial  television 
 stations  served  with  a  letter  of  notification  from  TESS  is  appended  hereto  in  Attachment 
 3.  A  representative  copy  of  the  letter  of  notification  sent  to  each  of  the  local  commercial 
 and  non-  commercial  television  stations  served  is  also  attached  in  Attachment  4. 

 Respectfully  Submitted, 
 TESS  Communications  of  Colorado,  Inc. 

 Director  of  Regulatory  Affairs  TESS  Communications,  Inc. 
5
 TESS  -  OVS  NOI 
 4  December,  2000 
 Attachment  1  -  Page1 

 Attachment  1 
 TESS  COMMUNICATIONS  OF  COLORADO,  INC.  OPEN  VIDEO  SYSTEM 
 INFORMATION  REQUEST  FORM 

 Section  1:  Video  Programming  Provider  Information 
 Name  of  Company: 
 Name  of  Contact: 
 Address: 

 Telephone: 
 Facsimile: 

 Section  2:  Carriage  Information 
 Total  amount  of  capacity  requested:  MHz 

 Section  3:  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  TESS  Open  Video  System,  and  that  it  has  no  formal  or  informal  affiliation  (as  defined  by  C.  F.  R.  76.1500(  g)  of  the  Commissions 

 Rules)  or  agreement  with  any  VPP  requesting  capacity  or  with  any  cable  operator  providing  cable 
 television  services  within  TESS  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  TESS  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 

 Commissions  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  the  TESS  Open  Video  System  and  the  subsequent  activation  of  such  enrollment,  if  any. 

 Signature  Name  Title  Date 
6
 TESS  -  OVS  NOI 
 4  December  2000  Attachment  2  -  Page  1 

 Attachment  2  TESS  COMMUNICATIONS  OF  COLORADO,  INC. 
 OPEN  VIDEO  SYSTEM 
 CHANNEL  ALLOCATION  PROCESS 

 Analoq  Following  is  the  analog  channel  line-  up  that  TESS  Communications  of  Colorado, 
 Inc.,  will  offer  its  consumers.  The  total  number  of  allocated  analog  channels  is  76  of 
 which  four  channels  are  classified  as  retransmission  (#  2,4,7,&  9).  The  remaining  72 
 channels  include  unaffiliated  VPPs,  Must  Carry  channels,  PEG  channels  or  blank 
 channels  for  technical  filtering  req,  uirements.  As  TESS  has  no  affiliated  interest  in  any  video-  programming  provider,  all  channels  of  the  System  are  already  open. 

 1  , 

 64  Travel  Channel 
 65  Do  It  Yourself 
 66  Fox  Family  Channel 
 67  Disney  Channel 
 68  Toon  Disney 
 69  Nickelodeon 

 70  Cartoon  Network 
 71  TV  Land 
 72  Odyssey 

 73  Home  &  Garden  TV 
 74  Food  Network 
 75  Home  Shopping 
 98  Spot  for  PEG 

 I  39  ICNN  HN  (Headlines  News)  99  ISpot  for  PEG 
7
 TESS  -  OVS  NOI 
 4  December  2000  Attachment  2  -  Page  2 

 Diqital 
 Following  is  the  digital  program  line-  up  that  TESS  Communications  of  Colorado, 
 Inc.  will  offer  its  consumers.  The  total  capacity  utilized  to  carry  these  unaffiliated  VPPs  is  36Mhz.  Since  the  Open  Video  System  requirement  of  2/  3  capacity  would  equal 

 134MHz  (200MHz  total  digital  capacity  *  2/  3),  the  remaining  capacity  left  for  allocation  to  other  unaffiliated  VPPs  would  be  98MHz  (134MHz  -  36MHz).  The  allocation  process  for 
 the  remaining  98MHz  is  described  below. 

 253  GoodLife  TV 
 254  Inspirational  Life 

 255  Trinity  Broadcasting 
 290  Bloomberg 
 291  TWC  -  Weatherscan 
 301  Fox  Sports  World 
 302  ESPN  News 
 303  ESPN  Classics 
 304  CNNsi 
 305  Outdoor  Life  Network 
 306  Outdoor  Channel 
 307  IThe  Golf  Channel 
8
 TESS  -  OVS  NOI 
 4  December  2000  Attachment  2  -  Page  3 

 Initial  capacity  requests  must  be  submitted  by  January  15,  2001.  At  that  time,  the  total 
 number  of  MHz  requested  from  all  additional  unaffiliated  VPPs  will  be  calculated.  If 
 sufficient  capacity  exists  to  fill  all  requests,  each  VPP  will  be  allocated  capacity  equal  to 
 its  request.  If  the  sum  of  all  capacity  requested  exceeds  available  capacity,  each  VPP  requesting  fewer  than  1  MHz  will  receive  its  requested  capacity;  VPPs  requesting  more 

 than  1  MHz  will  receive  at  least  1  MHz,  total  capacity  permitting.  The  remaining  MHz  will 
 be  allocated  to  each  VPP  requesting  more  than  1  MHz  on  a  pro  rata  basis,  based  on  the 
 ratio  of  the  remaining  number  of  MHZ  requested  by  all  VPPs. 

 The  following  is  an  illustration  of  the  allocation  process  based  on  the  availability  of 
 98MHz  and  a  request  of  150MHz  from  multiple  VPPs. 

 VPP 

 L  A  B  C  E  D  E  F  Total  150  6  144 
 MHz  Minimum 
 Requested  Allocation 
 Remaining 
 MHz 
 Requested 

 42  1  41 
 54  1  53 

 Ratio  of 
 Remaining 
 MHz  Available  to 

 Remaining 
 MHz 
 Reauested 

 0.6388 
 0.6388 
 0.6388 
 0.6388 
 0.6388 

 Number  of  MHz 
 Allocated 

 1 
 4 
 8 
 23 
 27 
 35 
 98 

 Because  VPPs  B  through  F  all  requested  more  than  1  MHz,  each  VPP  is  allotted  1  MHz 
 as  the  minimum  allocation.  The  remaining  number  of  MHz  available  to  be  divided 
 among  the  VPs  is  92  (98  MHZ  minus  6  MHZ). 

 The  number  of  available  MHz  to  be  allocated  on  a  pro  rata  basis  (92)  is  divided  by  the 
 remaining  number  of  MHz  requested  (144),  which  equals  0.6388.  This  factor  is  used  to  calculate  the  distribution  of  the  remaining  92  MHz  to  VPPs  B  through  F. 

 The  remaining  MHz  requested  by  VPPs  B  through  F  are  multiplied  by  the  pro  rata  factor 
 (0.6388)  to  determine  the  number  of  MHz  the  VPs  will  be  allocated  in  addition  to  the  1 
 MHz  minimum. 

 TESS  will  mail  notification  to  each  VPP  to  confirm  the  capacity  allocation  by  January  29, 
 2001.  Any  VPP  that  is  allocated  less  capacity  than  it  initially  requested  may  withdraw  its  capacity  request  by  notifying  TESS  by  mail.  Cancellations  must  be  received  by  5:  OOpm 

 Mountain  Standard  Time  on  February  9,  2001,  Capacity  made  available  through  the  withdrawal  of  one  or  more  VPPs  will  be  reallocated  on  a  pro  rata  basis  to  the  remaining 
 VPs  who  did  not  receive  their  full  request.  On  February  15,  2001,  TESS  will  mail  a 
 notification  to  each  remaining  VPP  to  confirm  the  final  capacity  allocation. 
9
 TESS  -  OVS  NOI 
 4  December  2000  Attachment  3  -  Page  1 

 Attachment  3 
 Service  List 
 Commercial  and  Non-  Commercial  Television  Stations 

 USA  500  Speer  Blvd. 
 Denver,  CO  80203 
 KRMT 
 12014  W.  64h  Ave. 
 Arvada,  CO  80004 

 KDVR  100E.  Speer  Blvd. 
 Denver,  CO  80203 
 KDEN 
 1601  S.  Pearl  St 
 Denver,  CO  80210 

 KCEC  777  Grant  St  !jth  Floor 
 Denver,  CO  80203 
 KBDI 
 2900  Welton  St  1  Floor  Denver,  CO  80205 

 KTVD 
 11203  E.  Peakview  Ave 
 Englewood,  CO  80111 

 KWGN 
 61060  S.  Wabash  Way  Englewood,  CO  80111 

 TV  Guide  WGN 
 4100  E.  Dry  Creek  Rd 
 Littleton,  CO  80122 

 KTVJ 
 2100  Downing 
 Denver,  CO  80202 

 KWHD 
 12999  E.  Jamison  Cr 
 Englewood,  CO  80111 

 KREG 
 345  Hillcrest  Manor 
 Grand  Junction,  CO  80501 

 KCNC  1044  Lincoln  St. 
 Denver,  CO  80203 
 KMGH  123  Speer  Blvd. 
 Denver,  CO  80203 
 KMAS 
 2701  Alcott,  Suite  391  Denver,  CO  80211 

 KSZG  303  AABC,  Suite  H 
 Aspen,  CO  81611 
 KPXC 
 3001  S.  Jamaica  Ct  suite  200 
 Denver,  CO  80014 

 KRMA 
 1089  Bannock  St  Denver,  CO  80204 
10
 FCC-  NOI-  OVS 
 TESS  COMMUNICATIONS,  INC.  Page  1  of  3 

 CERTIFICATE  OF  SERVICE 

 I,  Kristi  Ashton,  herby  certify  that  a  completed  and  signed  Notice  of  Intent  for 
 Open  Video  System  of  TESS  Communications  of  Colorado,  Inc.  was  sent  on 
 December  4,  2000  via  overnight  delivery,  via  Federal  Express,  prepaid,  to  the  parties  listed  below: 

 Office  of  the  Secretary  Office  of  the  Bureau  Chief  Federal  Communications  Commission  Cable  Services  Bureau 
 445  12h  Street,  SW.,  Room  TWB204  445  12h  Street,  S.  W.,  Room  3-  C830 
 Washington  D.  C.  20554  Washington  D.  C.  20554 

 I  further  certify  that  copies  of  the  foregoing  Notice  of  Intent  for  Open  Video 
 System  of  TESS  Communications  of  Colorado,  Inc.  was  sent  on  December  5, 
 2000  via  overnight  delivery,  via  Federal  Express,  prepaid,  to  the  parties  listed 
 below: 

 Darin  A.  Atterberry 
 Asst.  Manager-  City  of  Fort  Collins 
 P.  O.  Box  580 
 Fort  Collins,  CO  80522 

 Greg  Caton  Mgmt.  Assistant-  Commerce  City 
 5291  E  60th  Ave. 
 Commerce  City,  CO  80037 

 John  Duval  Attorney-  City  of  Fort  Collins 
 P.  O.  Box  580  Fort  Collins,  CO  80522 
 Robert  Gehler  Attorney-  Commerce  City 
 P.  O.  Box  40  Commerce  City,  CO  80037 

 Gary  Gordier  Information  Technology 
 P.  O.  Box  580 
 Fort  Collins,  CO  80522 

 Adele  L.  Reester  Asst.  City  Attorney 
 500  East  Third  Street 
 Loveland,  CO  80537 

 Charles  Long 
 Administrative  Services  Director  9500  Civic  Center  Drive 

 Thornton,  CO  80229 

 Gary  G.  Jacobson 
 Asst.  City  Attorney  9500  Civic  Center  Drive 

 Thornton,  CO  80229 
11
 FCC-  NOI-  OVS 
 TESS  COMMUNICATIONS,  INC.  Page  2  of  3 

 Kendra  Carberry 
 Hayes,  Phillips,  &  Maloney,  P.  C.  1350  1  7fh  Street,  Ste.  450 

 Denver,  CO.  80202-  l  576 
 Claybourne  Douglas 
 Attorney-  City  of  Longmont 
 350  Kimball  Street 
 Longmont,  CO  80501 

 Christopher  Daley 
 Attorney-  City  of  Arvada 
 8101  Ralston  road 
 Arvada  80001 

 Gary  Copp  Office  of  the  County  Administrator 
 Douglas  County 
 100  Third  Street  Castle  Rock,  CO  80104 

 Kenneth  S.  Fellman 
 Kissinger  &  Fellman,  P.  C. 
 Ptarmigan  Place,  Suite  900  3773  Cherry  Creek  North  Drive 

 Denver,  CO  80209 
 KUSA 
 500  Speer  Blvd.  Denver,  CO  80203 

 KRMT 
 12014  W.  64h  Ave. 
 Arvada,  CO  80004 

 KDEN 
 1601  S.  Pearl  St  Denver,  CO  80210 

 KCEC 
 777  Grant  St.  5h  Floor 
 Denver,  CO  80203 

 KBDI 
 2900  Welton  St.  1  Floor 
 Denver,  CO  80205 

 KTVD 
 11203  E.  Peakview  Ave 
 Englewood,  CO  80111 

 KWGN  61060  S.  Wabash  Way 
 Englewood,  CO  80111 
 TV  Guide  WGN 
 4100  E.  Dry  Creek  Rd  Littleton,  CO  80122 

 KTVJ 
 2100  Downing 
 Denver,  CO  80202 

 KWHD  12999  E.  Jamison  Cr 
 Englewood,  CO  80111 
 KREG 
 345  Hillcrest  Manor 
 Grand  Junction,  CO  80501 
 KDVR  100  E.  Speer  Blvd. 

 Denver,  CO  80203 
12
 FCC-  NOI-  OVS 
 TESS  COMMUNICATIONS,  INC. 

 Page  3  of  3 

 KCNC 
 1044  Lincoln  St. 
 Denver,  CO  80203 

 KMGH 
 123  Speer  Blvd. 
 Denver,  CO  80203 

 KMAS 
 2701  Alcott,  Suite  391 
 Denver,  CO  80211 

 KSZG 
 303  AABC,  Suite  H 
 Aspen,  CO  81611 

 KPXC 
 3001  S.  Jamaica  Ct.  Suite  200 
 Denver,  CO  80014 

 KRMA 
 1089  Bannock  St 
 Denver,  CO  80204 

 Kristi  Ashon 
13