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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 WASHINGTON, INC. ) ) Certification to Operate an ) Open Video System ) MEMORANDUM OPINION AND ORDER Adopted: September 1, 1999 Released: September 1, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. On August 23, 1999, RCN Telecom Services of Washington, Inc. ("RCN Washington") 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. RCN Washington seeks certification to operate an open video system in the following communities surrounding Seattle, Washington: Auburn, Bellevue, Burien, Des Moines, Federal Way, Kirkland, Mercer Island, Redmond, Renton, Seatac and Woodinville, Washington. In accordance with our procedures, the Commission published notice of receipt of RCN Washington's certification application and posted the application on the Internet. No parties filed comments in response to this application. 2. Pursuant to Section 653(a)(1) of the Communications Act, any entity meeting the requirements 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 there to be 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 simply must obtain certification prior to the commencement of service, allowing itself sufficient time to comply with the Commission's requirements regarding notifications that the applicant must provide to potential programming providers. 3. As part of the certification process, the applicant must acknowledge and accept the obligations associated with operation of an open video system and must provide certain information regarding its proposed system. 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) of the Communications Act; (c) a list of the names of the communities the applicant intends to serve; (d) a statement of the anticipated type and amount of capacity that the system will provide; and (e) a statement as to whether the applicant is a cable operator applying for certification within its cable franchise area. II. DISCUSSION 4. RCN Washington has submitted an application on FCC Form 1275 for certification to operate an open video system in Auburn, Bellevue, Burien, Des Moines, Federal Way, Kirkland, Mercer Island, Redmond, Renton, Seatac and Woodinville, Washington. We have reviewed the information contained in RCN Washington's application. As required by Form 1275, RCN Washington's application provides the following: company information and a separate statement of ownership listing all affiliated entities; eligibility and compliance representations; and system information and verification statements. RCN Washington also confirmed that it served its application upon the designated telecommunications officials in each of the communities involved. We find that RCN Washington 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 Washington's certification filing proves to be materially false or materially inaccurate, the Commission retains the authority to revoke RCN Washington's certification or impose such other penalties it deems appropriate, including forfeiture. III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, that the application of RCN Telecom Services of Washington, Inc. for certification to operate an open video system in Auburn, Bellevue, Burien, Des Moines, Federal Way, Kirkland, Mercer Island, Redmond, Renton, Seatac and Woodinville, Washington IS GRANTED. 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. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein Chief, Consumer Protection and Competition Division Cable Services Bureau