Digital Broadcasting OVS
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
)
)
MICROWAVE SATELLITE
)
FILE NO.
TECHNOLOGIES, INC.
)
)
Notice of Intent to Establish
)
an Open Video System
)
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), MST respectfully submits the following
information:
1.
The OVS operator is Microwave Satellite Technologies, Inc. The contact person for the
operator, is Frank T. Matarazzo, 200 Lawlins Park, Wyckoff, New Jersey, 07481. Mr. Matarazzo may be
reached at 201/848-1166 (ext. 123).
2.
MST's projected service area includes the following communities:
10011 10012 10013 10014 10016 10017 10018 10019 10020
10021 10022 10023 10024 10025 10026 10027 10028 10029
10030 10031 10032 10033 10034 10035 10036 10037 10038
10039 10040 10041 10044 10047 10048 10128 10280 10281
10282
11211 11212 11213 11214 11215 11216 11217 11218 11219
11220 11221 1222
1223
11224 11225 11226 1228
11229
11230 11231 11232 11233 11234 11235 11236 11237 11238
11239
10460 10461 10462 10463 10464 10465 10466 10467 10468
10469 10470 10471 10472 10473 10474 10475
11357 11358 11359 11360 11361 11362 11363 11364 11365
11366 11367 11378 11369 11370 11371 11372 11373 11374
11375 11377 11378 11379 11385 11411 11412 11413 11414
11415 11416 11417 11418 11419 11420 11421 11422 11423
11424 11426 11427 11428 11429 11430 11431 11432 11433
11434 11435 11436 11691 11692 11693 11694 11695 11696
11697
10311 10312 10314
3.
Video Programming Providers ("VPPs") interested in carriage on MST's open video system
may obtain additional information about the system by completing the OVS Information Request Form
(Attachment 1) and submitting it to:
Frank T. Matarazzo
200 Lawlins Park
Wyckoff, NJ 07481
2
Pursuant to 47 C.F.R. § 76.1503(b)(2) of the FCC's rules, MST will provide the VPP with additional
information regarding the open video system within five business days of receipt of a request for
information. The VPP will also be provided with additional forms and instructions necessary for carriage
on MST's open video system. Thereafter, a VPP seeking carriage must submit the required forms, a non-
refundable application processing fee, and a channel reservation deposit by the end of the enrollment period.
4.
The enrollment period for VPPs seeking carriage on MST's open video system will open on
November 17, 1997, and will close February 28, 1998. 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 November 31, 1997. Allocation of capacity in the event demand exceeds
system capacity will occur as described in Attachment 2.
5.
One third of the system's maximum capacity will be set aside for MST and/or its affiliates.
In addition, MST will utilize approximately twenty-six (26) channels to carry public programs, educational
programs, governmental programs, and those 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 MST and its affiliates.
6.
Attached is MST's certification that it has complied with all relevant notification
requirements concerning must-carry and retransmission consent (47 C.F.R. § 76.1506), including a list of all
the local commercial and non-commercial television stations served (Attachment 3) and an example of the
notification letter sent to television stations entitled to notice (Attachment 4). Also attached is a certificate
of service showing that MST's Notice of Intent has been served on all local franchising authorities which are
located within MST's anticipated OVS service area (Attachment 5).
3
Respectfully submitted,
Howard J. Barr
Counsel
Washington, D.C. 20006
202/296-0600
November 13, 1997
4
___________________
Name of Contact:
___________________
Address:
___________________
___________________
___________________
Telephone No.:
___________________
Facsimile No.:
___________________
laws to select and contract for carriage of specific video programming on the MST 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 MST'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 MST 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 the information
will not be used for any purpose whatsoever other than making an informed decision as to whether to enroll
in the MST open video system and the subsequent
activation of such enrollment, if any.
______________________________________
__________________________________________
Signature
Name and Title
Date _________________________________
Please mail or telecopy this form to:
Mr. Frank Matarazzo
200 Lawins Park
Wyckoff, NJ 07481
201/848-1313 (Fax No.)
allocations already have been made:
MST: 110 channels for video programming + approximately 26 channels for the PEG/Must-Carry/Retransmission consent
requirements. The remaining number of channels to be allocated is 194.
Initial capacity requests must be submitted by November 31, 1997. 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 194 channels and a request for 398 chan-
nels from multiple VPPs.
_______________________________________________________________
A
2
2
0
--
2
B
6
6
0
--
6
C
20
6
14
.443
12
D
110
6
104
.443
52
E
150
6
144
.443
70
F
110
6
104
.443
52
Total
398
32
366
194
allocation. The remaining number of channels available to be divided among the VPPs is 162 (194 channels minus 32
channels).
The number of available channels to be allocated on a pro rata basis (162) is divided by the remaining number of channels
requested (366), which equals .443. This factor is used to calculate the distribution of the remaining 162 channels to VPPs C
through F.
The remaining channels requested by VPPs C through F are multiplied by the pro rata factor (.443) 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.
MST will mail notification to each VPP to confirm the channel capacity allocation by January 15, 1998. Any VPP that is
allocated fewer channels that it initially requested may withdraw its channel capacity request by notifying MST by mail.
Cancellations must be received by 5:00 p.m. on January 20, 1998. 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
January 25, 1998, MST will mail a notification to each remaining VPP to confirm the final channel capacity allocation.
Attachment 3
overnight mail to all commercial and non-commercial television stations operating within MST's proposed
open video system television market, as indicated by the attached service list.
/s/
Frank T. Matarazzo
205 East 67th Street
President & General Manager
New York, NY 10021
WABC-TV
7 Lincoln Square
New York, NY 10023
Bud Carey
Manuel Martinez Llorian
Vice President &
Senior Vice President &
General Manager
General Manager
CBS Television Stations
WNJU Channel 47
524 West 57 Street
47 Industrial Avenue
New York, NY 10019
Teterboro, NJ 07608
Robert Qudeen
Carolyn Wall
Vice President &
President
General Manager
WBIS TV 31
WWOR-TV, Inc.
200 Liberty Street
9 Broadcast Plaza
New York, NY 10281
Seacaucus, NJ 07096
Marvin Chauvin
Paul Bissonette
Chief Executive Officer
Vice President &
WLIG TV 55
Station Manager
314 Wading River Hollow Road
WPIX Inc.
Ridge, NY 11961
220 East 42nd Street
New York, NY 10017
Dr. William Baker
President & Chief
Tomas Johansen
Executive Officer
Vice President &
WNET
General Manager
356 West 58th Street
WXTV Channel 41
New York, NY 10019
24 Meadowlands Parkway
Seacaucus, NJ 07094
Frank Sobrino
General Manager
William Bolster
WNYE
Vice President &
112 Tillary Street
General Manager
Brookly, NY 11201
WNBC
30 Rockefeller Plaza
Terrel Cass
New York, NY 10112
President & General Manager
WLIW
Hilary Hendler
Channel 21 Drive
Vice President &
Plainview, NY 11803-5015
General Manager
FOX Television Stations
Bill Roller
Vice President &
Station Manager
WHSE
390 West Market Street
Newark, NJ 07107
Sun Young Joo
President & General Manager
WMBC TV 63
263 W. 37th Street 23rd Floor
New York, NY 10018
Greg Floyd
General Manager
WTZA
721 Broadway
Kingston, NY 12401
Elizabeth G. Christopherson
Executive Director & CEO
WNJN c/o WNJT
Front 7 Stockton Streets
CN 777
Trenton, NJ 08625-0777
Attachment 4
Senior Vice President & General Manager
WNJU Channel 47
47 Industrial Avenue
Teterboro, NJ 07608
Dear Mr. Llorian:
This letter serves to inform you that Microwave Satellite Technologies, Inc. ("MST"), intends to
begin operating an Open Video System ("OVS") in the City of New York, including the Bronx,
Brooklyn, Manhattan, Queens and Staten Island.
Service activation is expected to occur in February of 1998. The open video system will have 330
channels of analog capacity.
Due to OVS's planned 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
principle headend located at One Central Park West, New York, NY, and provided further that carriage
of the station will not subject MST to copyright liability. Under the Federal Communications
Commission's OVS Rules, 47 C.F.R. 76.1500, et seq., you may select mandatory carriage, or you may
negotiate consent for retransmission of your signal. All video programming providers (VPPs) and MST's
Open Video System will be notified of your decision. If you elect "must carry", MST, 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
MST OVS for inclusion in their programming package. Please notify us by Certified Mail within five
business days of your election.
MST will initially provide service in the same geographic areas as Cablevision of New York
City, Time Warner of New York City and Staten Island Cable. Therefore, pursuant to FCC Rules, your
election for OVS must be the same as any elections you make with respect to the above mentioned cable
system operators in the towns listed on the attachment.
The FCC's OVS Rules also specify that MST, as the system operator, must receive notification
with respect to black-out requirements related to sports broadcasts, network non-duplication, and
syndicated exclusivity. MST 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.
Very truly yours,
/s/
Frank T. Matarazzo
Intent to Establish Open Video System was served via first class mail on the parties listed below:
William F. Caton *
Acting Secretary
Federal Communications Commission
1919 M Street, N.W.
Washington, DC 20554
Office of the Bureau Chief *
Cable Services Bureau
2033 M Street, N.W., Room 918
Washington, DC 20554
John Logan
Acting Deputy Chief *
Cable Services Bureau
2033 M Street, N.W., Room 918
Washington, DC 20554
Alyssa Roberts *
Cable Services Bureau
2033 M Street, N.W., Room 700Q
Washington, DC 20554
James Olson, Chief *
Cable Services Bureau
2033 M Street, N.W., Room 700Q
Washington, DC 20554
Elaine Reiss, Esq.
Department of Information
Technology & Telecommunications
11 Metrotech Center, 3rd Floor
Brooklyn, NY 11201
Norman M. Sinel, Esq.
Stephanie M. Phillips, Esq.
William E. Cook, Jr., Esq.
Arnold & Porter
555 Twelfth Street, N.W.
Washington, D.C. 20009
John C. Crary
New York Public Service Commission
Three Empire State Plaza
Agency Building 3
Albany, NY 12223-1350
/s/
Dina Etemadi
* Hand Delivery
-2-
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
)
)
MICROWAVE SATELLITE
)
FILE NO.
TECHNOLOGIES, INC.
)
)
Notice of Intent to Establish
)
an Open Video System
)
NOTICE OF INTENT
TO ESTABLISH AN OPEN VIDEO SYSTEM
Microwave Satellite Technologies, Inc. ("MST"), by its undersigned counsel, and pursuant toSection 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), MST respectfully submits the following
information:
1.
The OVS operator is Microwave Satellite Technologies, Inc. The contact person for the
operator, is Frank T. Matarazzo, 200 Lawlins Park, Wyckoff, New Jersey, 07481. Mr. Matarazzo may be
reached at 201/848-1166 (ext. 123).
2.
MST's projected service area includes the following communities:
MANHATTAN
10001 10002 10003 10004 10005 10006 10007 10009 1001010011 10012 10013 10014 10016 10017 10018 10019 10020
10021 10022 10023 10024 10025 10026 10027 10028 10029
10030 10031 10032 10033 10034 10035 10036 10037 10038
10039 10040 10041 10044 10047 10048 10128 10280 10281
10282
BROOKLYN
11201 11203 11204 11205 11206 11207 11208 11209 1121011211 11212 11213 11214 11215 11216 11217 11218 11219
11220 11221 1222
1223
11224 11225 11226 1228
11229
11230 11231 11232 11233 11234 11235 11236 11237 11238
11239
THE BRONX
10451 10452 10453 10454 10455 10456 10457 10458 1045910460 10461 10462 10463 10464 10465 10466 10467 10468
10469 10470 10471 10472 10473 10474 10475
QUEENS
11101 11102 11103 11104 11105 11106 11354 11355 1135611357 11358 11359 11360 11361 11362 11363 11364 11365
11366 11367 11378 11369 11370 11371 11372 11373 11374
11375 11377 11378 11379 11385 11411 11412 11413 11414
11415 11416 11417 11418 11419 11420 11421 11422 11423
11424 11426 11427 11428 11429 11430 11431 11432 11433
11434 11435 11436 11691 11692 11693 11694 11695 11696
11697
STATEN ISLAND
10301 10302 10304 10305 10306 10307 10308 10309 1031010311 10312 10314
3.
Video Programming Providers ("VPPs") interested in carriage on MST's open video system
may obtain additional information about the system by completing the OVS Information Request Form
(Attachment 1) and submitting it to:
Frank T. Matarazzo
200 Lawlins Park
Wyckoff, NJ 07481
2
Pursuant to 47 C.F.R. § 76.1503(b)(2) of the FCC's rules, MST will provide the VPP with additional
information regarding the open video system within five business days of receipt of a request for
information. The VPP will also be provided with additional forms and instructions necessary for carriage
on MST's open video system. Thereafter, a VPP seeking carriage must submit the required forms, a non-
refundable application processing fee, and a channel reservation deposit by the end of the enrollment period.
4.
The enrollment period for VPPs seeking carriage on MST's open video system will open on
November 17, 1997, and will close February 28, 1998. 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 November 31, 1997. Allocation of capacity in the event demand exceeds
system capacity will occur as described in Attachment 2.
5.
One third of the system's maximum capacity will be set aside for MST and/or its affiliates.
In addition, MST will utilize approximately twenty-six (26) channels to carry public programs, educational
programs, governmental programs, and those 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 MST and its affiliates.
6.
Attached is MST's certification that it has complied with all relevant notification
requirements concerning must-carry and retransmission consent (47 C.F.R. § 76.1506), including a list of all
the local commercial and non-commercial television stations served (Attachment 3) and an example of the
notification letter sent to television stations entitled to notice (Attachment 4). Also attached is a certificate
of service showing that MST's Notice of Intent has been served on all local franchising authorities which are
located within MST's anticipated OVS service area (Attachment 5).
3
Respectfully submitted,
MICROWAVE SATELLITE
TECHNOLOGIES, INC.
/s/Howard J. Barr
Counsel
PEPPER & CORAZZINI, L.L.P.
Washington, D.C. 20006
202/296-0600
November 13, 1997
4
ATTACHMENT 1
MICROWAVE SATELLITE TECHNOLOGIES, INC.
OPEN VIDEO SYSTEM
INFORMATION REQUEST FORM
SECTION I:
Video Programming Provider Information
Name of Company:___________________
Name of Contact:
___________________
Address:
___________________
___________________
___________________
Telephone No.:
___________________
Facsimile No.:
___________________
SECTION II: Carriage Information
Total amount of capacity requested: ________________ channelsSECTION III: Certification and Non-Disclosure Statement
The undersigned video programming provider ("VPP") represents that is has the right under the copyrightlaws to select and contract for carriage of specific video programming on the MST 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 MST'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 MST 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 the information
will not be used for any purpose whatsoever other than making an informed decision as to whether to enroll
in the MST open video system and the subsequent
activation of such enrollment, if any.
______________________________________
__________________________________________
Signature
Name and Title
Date _________________________________
Please mail or telecopy this form to:
Mr. Frank Matarazzo
200 Lawins Park
Wyckoff, NJ 07481
201/848-1313 (Fax No.)
ATTACHMENT 2
MICROWAVE SATELLITE TECHNOLOGIES, INC.
OPEN VIDEO SYSTEM
CHANNEL ALLOCATION PROCESS
MST's anticipated total system capacity on its open video system is 330, 6 MHz analog channels. The following channelallocations already have been made:
MST: 110 channels for video programming + approximately 26 channels for the PEG/Must-Carry/Retransmission consent
requirements. The remaining number of channels to be allocated is 194.
Initial capacity requests must be submitted by November 31, 1997. 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 194 channels and a request for 398 chan-
nels from multiple VPPs.
_______________________________________________________________
Ratio of
Rmng Chnl
Minimum
Rmng
Avlble to
No. of
Chnls
Alloca- Chnls
Rmng Chnl
Chnls
VPP
Requested
tionRequested
Requested
AllocatedA
2
2
0
--
2
B
6
6
0
--
6
C
20
6
14
.443
12
D
110
6
104
.443
52
E
150
6
144
.443
70
F
110
6
104
.443
52
Total
398
32
366
194
ATTACHMENT 2
Page 2 of 2
Because VPPs C through F all requested more than 6 channels, each VPP is allotted up to 6 channels as the minimumallocation. The remaining number of channels available to be divided among the VPPs is 162 (194 channels minus 32
channels).
The number of available channels to be allocated on a pro rata basis (162) is divided by the remaining number of channels
requested (366), which equals .443. This factor is used to calculate the distribution of the remaining 162 channels to VPPs C
through F.
The remaining channels requested by VPPs C through F are multiplied by the pro rata factor (.443) 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.
MST will mail notification to each VPP to confirm the channel capacity allocation by January 15, 1998. Any VPP that is
allocated fewer channels that it initially requested may withdraw its channel capacity request by notifying MST by mail.
Cancellations must be received by 5:00 p.m. on January 20, 1998. 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
January 25, 1998, MST will mail a notification to each remaining VPP to confirm the final channel capacity allocation.
Attachment 3
CERTIFICATE OF SERVICE
I, Frank T. Matarazzo, hereby certify that on 11/7/97, I caused written notice to be sent viaovernight mail to all commercial and non-commercial television stations operating within MST's proposed
open video system television market, as indicated by the attached service list.
/s/
Frank T. Matarazzo
Service List
Commercial and Non-Commercial Television Stations
Walter C. Liss205 East 67th Street
President & General Manager
New York, NY 10021
WABC-TV
7 Lincoln Square
New York, NY 10023
Bud Carey
Manuel Martinez Llorian
Vice President &
Senior Vice President &
General Manager
General Manager
CBS Television Stations
WNJU Channel 47
524 West 57 Street
47 Industrial Avenue
New York, NY 10019
Teterboro, NJ 07608
Robert Qudeen
Carolyn Wall
Vice President &
President
General Manager
WBIS TV 31
WWOR-TV, Inc.
200 Liberty Street
9 Broadcast Plaza
New York, NY 10281
Seacaucus, NJ 07096
Marvin Chauvin
Paul Bissonette
Chief Executive Officer
Vice President &
WLIG TV 55
Station Manager
314 Wading River Hollow Road
WPIX Inc.
Ridge, NY 11961
220 East 42nd Street
New York, NY 10017
Dr. William Baker
President & Chief
Tomas Johansen
Executive Officer
Vice President &
WNET
General Manager
356 West 58th Street
WXTV Channel 41
New York, NY 10019
24 Meadowlands Parkway
Seacaucus, NJ 07094
Frank Sobrino
General Manager
William Bolster
WNYE
Vice President &
112 Tillary Street
General Manager
Brookly, NY 11201
WNBC
30 Rockefeller Plaza
Terrel Cass
New York, NY 10112
President & General Manager
WLIW
Hilary Hendler
Channel 21 Drive
Vice President &
Plainview, NY 11803-5015
General Manager
FOX Television Stations
Bill Roller
Vice President &
Station Manager
WHSE
390 West Market Street
Newark, NJ 07107
Sun Young Joo
President & General Manager
WMBC TV 63
263 W. 37th Street 23rd Floor
New York, NY 10018
Greg Floyd
General Manager
WTZA
721 Broadway
Kingston, NY 12401
Elizabeth G. Christopherson
Executive Director & CEO
WNJN c/o WNJT
Front 7 Stockton Streets
CN 777
Trenton, NJ 08625-0777
Attachment 4
Via Certified Mail -- Return Receipt Requested
Mr. Manuel Martinez LlorianSenior Vice President & General Manager
WNJU Channel 47
47 Industrial Avenue
Teterboro, NJ 07608
Dear Mr. Llorian:
This letter serves to inform you that Microwave Satellite Technologies, Inc. ("MST"), intends to
begin operating an Open Video System ("OVS") in the City of New York, including the Bronx,
Brooklyn, Manhattan, Queens and Staten Island.
Service activation is expected to occur in February of 1998. The open video system will have 330
channels of analog capacity.
Due to OVS's planned 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
principle headend located at One Central Park West, New York, NY, and provided further that carriage
of the station will not subject MST to copyright liability. Under the Federal Communications
Commission's OVS Rules, 47 C.F.R. 76.1500, et seq., you may select mandatory carriage, or you may
negotiate consent for retransmission of your signal. All video programming providers (VPPs) and MST's
Open Video System will be notified of your decision. If you elect "must carry", MST, 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
MST OVS for inclusion in their programming package. Please notify us by Certified Mail within five
business days of your election.
MST will initially provide service in the same geographic areas as Cablevision of New York
City, Time Warner of New York City and Staten Island Cable. Therefore, pursuant to FCC Rules, your
election for OVS must be the same as any elections you make with respect to the above mentioned cable
system operators in the towns listed on the attachment.
The FCC's OVS Rules also specify that MST, as the system operator, must receive notification
with respect to black-out requirements related to sports broadcasts, network non-duplication, and
syndicated exclusivity. MST 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.
Very truly yours,
/s/
Frank T. Matarazzo
ATTACHMENT 5
CERTIFICATE OF SERVICE
I, Dina Etemadi, hereby certify that on November 13, 1997, copies of the foregoing Notice ofIntent to Establish Open Video System was served via first class mail on the parties listed below:
William F. Caton *
Acting Secretary
Federal Communications Commission
1919 M Street, N.W.
Washington, DC 20554
Office of the Bureau Chief *
Cable Services Bureau
2033 M Street, N.W., Room 918
Washington, DC 20554
John Logan
Acting Deputy Chief *
Cable Services Bureau
2033 M Street, N.W., Room 918
Washington, DC 20554
Alyssa Roberts *
Cable Services Bureau
2033 M Street, N.W., Room 700Q
Washington, DC 20554
James Olson, Chief *
Cable Services Bureau
2033 M Street, N.W., Room 700Q
Washington, DC 20554
Elaine Reiss, Esq.
Department of Information
Technology & Telecommunications
11 Metrotech Center, 3rd Floor
Brooklyn, NY 11201
Norman M. Sinel, Esq.
Stephanie M. Phillips, Esq.
William E. Cook, Jr., Esq.
Arnold & Porter
555 Twelfth Street, N.W.
Washington, D.C. 20009
John C. Crary
New York Public Service Commission
Three Empire State Plaza
Agency Building 3
Albany, NY 12223-1350
/s/
Dina Etemadi
* Hand Delivery
-2-
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