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


                                   )
In the Matter of:                  )
                                   )
Microwave Satellite Technologies, Inc.       )           
                                   )           
Certification to Operate an        )
Open Video System                  )
                                   )
                                 
                                 
                                 
                  MEMORANDUM OPINION AND ORDER

   Adopted:  February 20, 1997          Released:  February 20, 1997

By the Chief, Cable Services Bureau:

     I.   INTRODUCTION

     1.   On February 10, 1997, Microwave Satellite Technologies, Inc. ("MSTI") filed an
application for certification to operate an open video system pursuant to Section 653(a)(1) of the
Communications Act and Commission rules.  MSTI seeks to operate an open video system in the
City of New York, including the boroughs of Manhattan, Brooklyn, Queens, Staten Island, and the
Bronx.  

     2.   As provided in our rules, the Commission published notice of receipt of the
certification application and posted the application on the Internet. No comments were filed
regarding MSTI's certification application.
 
     3.   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, depending on whether
construction of a new physical plant is required.  If construction of a 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, certification must be obtained prior to the
commencement of service, allowing sufficient time to comply with the Commission's notification
requirements to programming providers.

     4.   Despite its streamlined nature, the Commission intended the certification process to
provide purposeful representations regarding the responsibilities of the open video system operator,
by requiring, inter alia, the submission of specified information and that certifications be verified. 
To obtain certification, a party 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 general
description of the anticipated communities or areas to be served; and (d) a statement on the
anticipated type and amount of capacity that the system will provide.

     II.  DISCUSSION

     5.   We have reviewed the information contained in MSTI's FCC Form 1275.  In its filing,
MSTI, as requested by Form 1275:  provides company information including a separate statement
of ownership, including all affiliated entities; makes the required eligibility and compliance
representations; and provides the required system information, system capacity and verification
statements.  MSTI indicates that it has served the relevant local authority, the New York Department
of Information and Technology ("DOITT"), which is the designated telecommunications official for
the City of New York. 
     
     6.    We conclude that MSTI has provided the requisite facts and representations
concerning the open video system it intends to operate, and has properly certified that it "agrees to
comply and remain in compliance with each of the Commission's regulations" under Section 653(b). 
We reiterate that, if any representations in the certification filing prove to be materially false or
materially inaccurate, the Commission retains the authority to revoke MSTI's certification or impose
such other penalties it deems appropriate, including forfeiture.

     III. ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED, that the certification of Microwave Satellite
Technologies to operate an open video system in the City of New York, New York, including the
boroughs of Manhattan, Brooklyn, Queens, Staten Island, and the Bronx, is APPROVED.

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


                              FEDERAL COMMUNICATIONS COMMISSION

               
                              Meredith  J. Jones
                              Chief, Cable Services Bureau