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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554


In the Matter of:                    )
                                     )
Black Rock Cable                     )
                                     )
                                     )
Certification to Operate an          )
Open Video System                    )                 


MEMORANDUM OPINION AND ORDER
            
   Adopted:  March 4, 1998                         Released:  March 6, 1998

By the Deputy Chief, Cable Services Bureau:

I.      INTRODUCTION
        
  1.    On February 25, 1998, Black Rock Cable ("Black Rock") filed an application for 
certification to operate an open video system pursuant to Section 653(a)(1) of the Communications Act
of 1934 ("Communications Act") and the Commission's rules.  Black Rock seeks to operate an open
video system in the City of Bellingham and the County of Whatcom, Washington (the "Communities"). 
In accordance with our procedures, the Commission published notice of receipt of Black Rock's
certification application and posted the application on the Internet.   No comments were filed in this
proceeding. 

  2.     Pursuant to Section 653(a)(1) of the Communications Act, any person may obtain
certification to operate an open video system.  In light of the brief period (ten days) for  Commission
review of certification filings, the Commission concluded that Congress intended a streamlined
certification process.  Open video system operators may apply for certification at any point prior to the
commencement of service, subject to two conditions.  If construction of new physical plant is required,
the applicant must obtain Commission approval of its certification prior to the commencement of
construction.  If no new construction is required, the applicant must obtain certification prior to the
commencement of service, allowing itself sufficient time to comply with the Commission's requirements
regarding notifications that must be provided to potential programming providers.
 
  3.     Despite the streamlined nature of the certification process, the Commission intended it
to provide purposeful representations regarding the responsibilities of the open video system operator by
requiring that applicants verify their certifications and provide specified information.  To obtain
certification, an applicant must file FCC Form 1275, which requires, among other things:  (a) a statement
of ownership, including a list of all affiliated entities; (b) a representation that the applicant will comply
with the Commission's regulations under Section 653(b); (c) a list of the names of the communities the
applicant anticipates it will serve; (d) a statement of the anticipated type and amount of capacity that the
system will provide; and (e) a representation as to whether the applicant is a cable operator applying for
certification within its cable franchise area.    

II.      DISCUSSION

  4.     We have reviewed the information contained in Black Rock's FCC Form 1275.  Black
Rock has applied to become a certified open video system operator in the City of Bellingham and in the
County of Whatcom, Washington.  As required by Form 1275, Black Rock's certification application
provides: company information and a separate statement of ownership, including all affiliated entities;
eligibility and compliance representations; and system information, system capacity and verification
statements.   Black Rock indicates that it has served  the designated telecommunications officials in the
City of Bellingham and in the County of Whatcom.  We find that Black Rock has provided the requisite
facts and representations concerning the open video system it intends to operate and has certified that it
"agrees to comply and remain in compliance with each of the Commission's regulations" under Section
653(b) of the Communications Act.  We note that, if any representation in Black Rock's certification
filing proves to be materially false or materially inaccurate, the Commission retains the authority to
revoke Black Rock's certification or impose such other penalties it deems appropriate, including
forfeiture.  

III.     ORDERING CLAUSES

  5.     Accordingly, IT IS ORDERED, that the certification application of Black Rock Cable
to operate an open video system in the City of Bellingham and in the County of Whatcom, Washington
IS APPROVED.

  6.     This action is taken by the Deputy Chief, Cable Services Bureau, pursuant to the authority
delegated by Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321.

  
  FEDERAL COMMUNICATIONS COMMISSION

  
  
  John E. Logan 
  Deputy Chief, Cable Services Bureau