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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Digital Broadcasting OVS, LLC ) ) Certification to Operate an ) Open Video System ) MEMORANDUM OPINION AND ORDER Adopted: July 28, 1998 Released: July 28, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. Digital Broadcasting OVS, LLC ("DBOVS") filed an application for Certification for Open Video System (FCC Form 1275) ("Application") on July 20, 1998, pursuant to Section 653(a)(1) of the Communications Act of 1934 ("Communications Act") and the Commission's regulations. DBOVS seeks to operate an open video system in sixty-five communities in Puerto Rico. In accordance with our regulations, we issued a Public Notice acknowledging receipt of DBOVS' Application and setting forth the comment period, which was released and posted on the Internet on July 20, 1998. No party filed comments 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. Prospective 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 channel 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 DBOVS' FCC Form 1275 Application. As required by FCC Form 1275, DBOVS' 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. DBOVS' certificates of service represent that it served its Application on the Commission's Office of the Secretary, the Cable Service Bureau's Office of the Bureau Chief, and on the designated telecommunications officials of the communities affected by its Application. 5. We find that DBOVS 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 DBOVS' Application proves to be materially false or materially inaccurate, the Commission retains the authority to revoke DBOVS' certification or impose such other penalties it deems appropriate, including forfeiture. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that the certification application of Digital Broadcasting OVS, LLC to operate an open video system in sixty-five communities in Puerto Rico, as set forth in Attachment A, IS APPROVED. 7. This action is taken by the Chief, Consumer Protection and Competition Division, 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 Gary M. Laden Chief, Consumer Protection and Competition Division Cable Services Bureau Attachment A Adjuntas Aguadilla Aguas Buenas Aibonito Anasco Arecibo Barceloneta Barranquitas Bayamon Cabo Rojo Caguas Camuy Canovanas Carolina Cayey Ceiba Ciales Cidra Coamo Comerio Corozal Dorado Fajardo Florida Guanica Guayama Gurabo Hatillo Hormigueros Humacao Isabela Juana Diaz Junos Juyuya Lajas Lares Las Marias Las Piedras Loiza Luquillo Manati Maricao Mayaguez Moca Morivis Naguado Naranjito Orocovis Patillas Ponce Quebradillas Rincon Rio Grande Sabana Grande San German San Juan San Lorenzo San Sebastian Toa Alta Toa Baja Trujillo Alto Utuado Vega Alta Yabucoa Yauco