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An operator of a cable system, however, generally may not obtain such certification  xwithin its cable service area unless it is subject to "effective competition," as that term is defined in Section 623(l)(1)  {O4&-of the Communications Act, 47 U.S.C.  543(l)(1). See also 47 C.F.R.  76.1501. In light of the brief period for Commission review of">,**88"  S- xcertification filings,= yOh- xԍThe Commission must issue an order approving or denying an application within ten days after the application is filed. 47 U.S.C.  573(a). the Commission concluded that Congress intended a streamlined certification process.[ } {O-ԍSecond Report and Order, 11 FCC Rcd at 18243.[  xThus, to keep the open video system certification process from erecting the same barriers to entry and  xpotential for delay that Congress sought to avoid by eliminating the requirement that a common carrier  xobtain Commission approval under Section 214 to construct a new facility prior to the establishment of  xa video delivery system, no precertification submissions or approvals are required of open video system  S8- xapplicants.8} {O - xԍSee Communications Act  651(c), 47 U.S.C.  571(c); H.R. Conf. Rep. No. 458, 104th Cong., 2d Sess. 17273  {OT -(Jan. 31, 1996). See also Second Report and Order, 11 FCC Rcd at 1824344.  Open video system operators may apply for certification at any point prior to the  xcommencement of service, subject to two conditions. If construction of new physical plant is required,  xlthe applicant must obtain Commission approval of its certification prior to the commencement of  xconstruction. If no new construction is required, certification must be obtained prior to the  xcommencement of service, allowing sufficient time to comply with the Commission's requirements  Sp-regarding notifications that must be provided to programming providers.v p} {O-ԍSecond Report and Order, 11 FCC Rcd at 18247; 47 C.F.R.  76.1502(a).v  S - ` #x3.` ` Despite the streamlined nature of the certification process, the Commission intended it to  xprovide purposeful representations regarding the responsibilities of the open video system operator by  S - x]requiring that applicants verify their certifications and provide specified information.^ } {O-ԍSecond Report and Order, 11 FCC Rcd at 1824546.^ To obtain  xjcertification, an applicant must file FCC Form 1275, which requires, among other things: (a) a statement  S - xof ownership, including a list of all affiliated entities;s ~ 2 } yOR- xԍWe note that for purposes of determining whether a party is an affiliate, we have adopted the definitions  xZcontained in the notes to Section 76.501 of our rules, 47 C.F.R.  76.501, with certain modifications. 47 C.F.R.  x1500(g). Generally, we will consider an entity to be an open video system operator's "affiliate" if the open video  {O- x,system operator holds 5% or more of the entity's stock, whether voting or nonvoting. Implementation of Section  {Ot- x302 of the Telecommunications Act of 1996, Open Video Systems, CS Docket No. 9646, Third Report and Order  {O>- xZand Second Order on Reconsideration, 11 FCC Rcd 20227, 20235 (1996) ("Third Report and Order"); 47 C.F.R. 1500(g).s (b) a representation that the applicant will comply  SX- xwith the Commission's regulations under Section 653(b); Xx} yOp - xԍUnder this section the applicant agrees to comply with the Commission's requirements regarding non xdiscriminatory carriage; just and reasonable rates, terms, and conditions; a onethird capacity limit on the amount  xof activated channel capacity on which an open video system operator may select programming when demand for  xcarriage exceeds system capacity; channel sharing; sports exclusivity, network nonduplication, and syndicated  {O#-exclusivity; and nondiscriminatory treatment in presenting information to subscribers. See 47 C.F.R.  1502(a). (c) a list of the names of the communities the  xapplicant anticipates it will serve; and (d) a statement of the anticipated type and amount of capacity that the system will provide.  S- ` x4.` ` Digital Broadcasting OVS previously obtained Commission certification to operate an open"* ,`(`(88"  S- xvideo system in the same general service area that it identifies on the September 9, 1997 application.z ^} {Oh- xxԍDigital Broadcasting OVS, 11 FCC Rcd 12854 (Cab. Serv. Bur., 1996), application for review pending (filed  {O2- xNov. 12, 1996). Digital Broadcasting OVS filed its application on September 30, 1996, and we issued the order  {O-approving it on October 10, 1996. Id. z  xLThe instant application reflects a change in the company's ownership structure and a modification to the  S- xproposed service area.6F} yO>- xxԍApplication at 1. When it was initially certified to operate an open video system, Digital Broadcasting OVS  {O- xwas a general partnership. See id. Its September 9, 1997 application states that the company is now a limited  xZliability company. Application Exhibit A, Statement of Ownership at 1. The company also has added an owner  xsince it was first certified, and the ownership percentages of the other two owners have changed. Application at 1.  xThe company also has modified the proposed deployment area by deleting some communities in remote areas and  {O( - xadding new areas. Id. With one exception, the September 9 application identifies the same counties as those listed  xJin the previously approved application. The September 9 application adds Imperial County to the deployment area  {O -identified on the prior application. See Application at 1.6 As requested by Form 1275, Digital Broadcasting OVS provides company  xMinformation, including a separate statement of ownership and a list of all affiliated entities; makes the  xrequired eligibility and compliance representations; and provides the required system information, system capacity, list of communities to be served, and verification statements.  S- ` x5.` ` We have reviewed the comments of CCTA and Redondo Beach and conclude that the  xcommenters have not presented arguments that justify rejection of Digital Broadcasting OVS's application.  xCCTA opposes certification of Digital Broadcasting OVS on the grounds that the company has not met  Sp- xthe certification requirements.;p } yO -ԍCCTA Comments at 1.; CCTA states that Digital Broadcasting OVS "has neither deployed  xsufficient facilities to distribute video signals to customers nor has any intention of deploying or  S - xconstructing an open video system."7 } {OL-ԍId. at 2.7 Contending that the Telecommunications Act of 1996Q } yO-ԍPub. L. No. 104104, 110 Stat. 56 (1996).Q and the  xCommission's open video system orders "both require that [open video system] operators construct or  S - xjprovide a facilitiesbased platform to others for the provision of video programming,"; } yO-ԍCCTA Comments at 2.; CCTA maintains  x[that the Commission should require Digital Broadcasting OVS to give a more detailed description of how  S - xand when it plans to deploy its facilities. >} {O^ -ԍId. at 3. CCTA adds that Digital Broadcasting OVS should provide a rollout schedule. Id.ď CCTA also asserts that Digital Broadcasting OVS has failed  xto provide the information required by the Commission's regulations because its application "makes no  xkreference to any programmers which may have applied to distribute" programming on the open video  S- x[system.7} {Ox$-ԍId. at 4.7 Finally, CCTA alleges that Digital Broadcasting OVS has not remedied any of the deficiencies"b,`(`(88 "  S- x/CCTA identified in its opposition to Digital Broadcasting OVS's previously approved application.UZ} {Oh- xԍId. at 2. CCTA attaches to its comments on the current application copies of its October 7, 1996 comments  xon the prior application and its November 12, 1996 application for review of the order approving the prior application. CCTA Comments, Attachments 1 and 2.U Redondo Beach does not oppose Digital Broadcasting OVS's application, stating only that it  x>expects Digital Broadcasting OVS to comply with "all federal, state, and local requirements regarding  xzpayment of fees and public benefits such as access channels, support for access operations, customer  S`-service standards, and the like."D`} yO-ԍRedondo Beach Comments at 1.D  S- ` x6.` ` CCTA's opposition does not address the accuracy or sufficiency of the information that  x.Digital Broadcasting OVS provided in compliance with our rules and Form 1275. Rather, CCTA alleges  x/that Digital Broadcasting OVS failed to provide certain information that it is not required to provide.  xNeither our rules nor Form 1275 require applicants to provide a rollout schedule or similarly detailed  xinformation on the timing and manner of deployment of facilities or service. Nor do our rules or Form  x1275 require applicants to provide information regarding programmers that may have applied to distribute  xprogramming on the open video system the applicant seeks to operate. Thus, the issues CCTA raises fall  x>outside the scope of the certification process and do not constitute grounds for denial. CCTA raised  S - xsimilar objections with respect to Digital Broadcasting OVS's September 30, 1996 filing.o\ z} {O- xԍSee CCTA Comments, Attachment 1, "Opposition of the California Cable Television Association to the  xZApplication of Digital Broadcasting OVS of Santa Ana, California for Open Video System Certification" (Oct. 7,  {O|-1996); Digital Broadcasting OVS, 11 FCC Rcd at 12856.o We reject its  xarguments here for the same reasons we previously rejected them. We have reviewed the record and do not find that an issue has been raised regarding the applicant's qualifications.  S0- ` x7.` ` Digital Broadcasting OVS has provided the requisite facts and representations concerning  xthe open video system it intends to operate and has certified that it "agrees to comply and remain in  x>compliance with each of the Commission's regulations" under Section 653(b) of the Communications  S- xAct.L} yO-ԍForm 1275 at Part C, Question No. 2.L No party has demonstrated that Digital Broadcasting OVS has failed to provide an accurate and  xadequate certification. If the representations contained in the certification filing prove to be materially  xyfalse or materially inaccurate, the Commission retains the authority to revoke Digital Broadcasting OVS's  S@-certification or to impose such other penalties as it deems appropriate, including forfeiture._@. } {O -ԍSee Second Report and Order, 11 FCC Rcd at 18247._ " ,`(`(88D"Ԍ S- ` ~x x8.` ` Accordingly, IT IS ORDERED that the certification of Digital Broadcasting OVS to  S-operate an open video system IS APPROVED .  S- ` Cx9.` ` This action is taken by the Chief, Cable Services Bureau, pursuant to the authority  S`-delegated by Section 0.321 of the Commission's rules.=`} yO-ԍ47 C.F.R.  0.321.= x` ` hhFEDERAL COMMUNICATIONS COMMISSION x` ` hhJohn E. Logan x x` ` hhDeputy Chief, Cable Services Bureau