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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: ) ) Black Rock Cable ) ) ) Certification to Operate an ) Open Video System ) MEMORANDUM OPINION AND ORDER Adopted: April 22, 1999 Released: April 26, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. On April 14, 1999, Black Rock Cable Inc. ("Black Rock") filed an application for certification to operate an open video system pursuant to Section 653(a)(1) of the Communications Act of 1934 ("Communications Act") and the Commission's rules. Black Rock seeks to operate open video system in various communities through out Washington State. These communities include Snohomish County, Skagit County and the cities of Woodway, Mountainlake Terrace, Brier, Bothell, Lynnwood, Edmonds, Arlington, Mukilteo, Mill Creek, Snohomish, Marysville, Everett, Monroe, Mount Vernon, Sedro Wooley, Anacortes, and Burlington. In addition, Black Rock intends to serve the following cities in Whatcom County: Ferndale, Lynden, Blaine, Everson, Nooksack, and Sumas. For the purpose of simplicity, these counties and cities will be referred to as the "Washington Communities." In accordance with our procedures, the Commission published notice of receipt of Black Rock's certification application and posted the application on the Internet. No comments were filed 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. 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 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 the information contained in Black Rock's FCC Form 1275. Black Rock has applied to become a certified open video system operator in the Washington Communities. As required by Form 1275, Black Rock's certification 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. Black Rock indicates that it has served the designated telecommunications officials in the respective Washington Communities. We find that Black Rock 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 Black Rock's certification filing proves to be materially false or materially inaccurate, the Commission retains the authority to revoke Black Rock's certification or impose such other penalties it deems appropriate, including forfeiture. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, that the certification application of Black Rock Cable to operate an open video system in the following communities in the State of Washington, Snohomish County, Skagit County, and the following cities: Woodway, Mountainlake Terrace, Brier, Bothell, Lynnwood, Edmonds, Arlington, Mukilteo, Mill Creek, Snohomish, Marysville, Everett, Monroe, Mount Vernon, Sedro Wooley, Anacortes, Burlington, Ferndale, Lynden, Blaine, Everson, Nooksack, and Sumas IS APPROVED. 6. 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 Deborah E. Klein Chief, Consumer Protection and Competition Division, Cable Services Bureau