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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: ) ) RCN Telecom Services of New Jersey, Inc.) ) Certification to Operate an ) Open Video System ) MEMORANDUM OPINION AND ORDER Adopted: July 31, 1998 Released: July 31, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. RCN Telecom Services of New Jersey, Inc. ("RCN") filed an application for Certification for Open Video System (FCC Form 1275) ("Application") on July 24, 1998, pursuant to Section 653(a)(1) of the Communications Act of 1934 ("Communications Act") and the Commission's regulations. RCN seeks to operate an open video system in eighty-three New Jersey communities located in six different counties. 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 24, 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 RCN's FCC Form 1275 Application. As required by FCC Form 1275, RCN's 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. RCN's certificate of service represents 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 RCN 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 RCN's Application proves to be materially false or materially inaccurate, the Commission retains the authority to revoke RCN's certification or impose such other penalties it deems appropriate, including forfeiture. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that the certification application of RCN Telecom Services of New Jersey, Inc., to operate an open video system in eighty-three communities in New Jersey, 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 Bergen County Bergenfield Bogota Carlstadt Cliffside Park Dumont East Rutherford Edgewater Elmwood Park Englewood Fairlawn Fairview Fort Lee Garfield Hackensack Hasbrouck Heights Leonia Little Ferry Lodi Lyndhurst Maywood Moonachie New Milford North Arlington Palisades Park Ridgefield Ridgefield Park River Edge Rochelle Park Rutherford Saddlebrook South Hackensack Teaneck Teterborough Wallington Wood Ridge Essex County: Belleville Bloomfield Caldwell Cedar Grove East Orange Glen Ridge Irvington Maplewood Montclair Newark Nutley Orange South Orange Verona West Orange Hudson County Bayonne East Newark Guttenberg Harrison Hoboken Jersey City Kearny North Bergen Secaucus Union Weehawken West New York Middlesex County Carteret Attachment A (continued) Passaic County Clifton Haledon Hawthorne Little Falls Passaic Paterson Prospect Park West Paterson Union County Cranford Elizabeth Garwood Hillside Kenilworth Linden Rahway Roselle Roselle Park Springfield Union Winfield Park