********************************************************    
                                         NOTICE
    ********************************************************
                                
                This document was converted from
               WordPerfect to ASCII Text format.
                                
   Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
             will not show up in this text version.
                                
All text attributes such as bold, italic, underlining, etc. from the
    original document will not show up in this text version.
                                
        Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
           will not be preserved in the text version.
                                
        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:               )
                                )
LyncStar Integrated Communications, LLC )
                                )
Certification to Operate an     )
Open Video System               )                           
     


                  MEMORANDUM OPINION AND ORDER

   Adopted:  October 26, 1998           Released:  October 26, 1998

By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau:

I.   INTRODUCTION
               
     1.   LyncStar Integrated Communications, LLC ("LyncStar") filed an application for Certification
for Open Video System (FCC Form 1275) ("Application") on October 16, 1998, pursuant to Section 653(a)(1)
of the Communications Act of 1934 ("Communications Act") and the Commission's regulations.  LyncStar
seeks to operate an open video system in Fort Collins, Colorado.  In accordance with our regulations, we
issued a Public Notice acknowledging receipt of LyncStar's Application and setting forth the comment period,
which was released and posted on the Internet on October 19, 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 LyncStar's FCC Form 1275 Application.  As required by FCC Form 1275,
LyncStar'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.  LyncStar'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 LyncStar 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 LyncStar's Application proves to be materially false or materially inaccurate, the Commission
retains the authority to revoke LyncStar'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 LyncStar Integrated
Communications, LLC to operate an open video system in Fort Collins, Colorado IS APPROVED.

     7.   This action is taken by the Acting 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

               
                    
                         Deborah E. Klein
                         Acting Chief, Consumer Protection and Competition Division
                         Cable Services Bureau