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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of:                )
                                 )
DIGITAL ACCESS, INC.                     )
                                 )
Certification to Operate an      )
Open Video System                )                          
          
                                 
                  MEMORANDUM OPINION AND ORDER

   Adopted:  December 2, 1999           Released:  December 3, 1999

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

I.   INTRODUCTION
               
     1.   On November 24, 1999, Digital Access, Inc. ("Digital Access") 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.  Digital Access seeks certification to operate an open
video system in certain communities in and around Nashville, Tennessee (collectively, the "Nashville
Metropolitan Area").  In accordance with our procedures, the Commission published notice of receipt of
Digital Access' certification application.  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.   Digital Access has submitted an application on FCC Form 1275 for certification to operate
an open video system in the Nashville Metropolitan Area.  We have reviewed the information contained in
Digital Access' application.  As required by Form 1275, Digital Access' 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.  Digital Access also confirmed
that it served its application upon the designated telecommunications officials  in each of the communities
involved.  We find that Digital Access 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 Digital Access' certification filing proves to be materially false or materially inaccurate, the
Commission retains the authority to revoke Digital Access' certification or impose such other penalties it deems
appropriate, including forfeiture.  

III. ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED, that the application of Digital Access, Inc. for certification
to operate an open video system in the Nashville Metropolitan Area 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