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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 ) CUID No. NJ0592 (Stockton) ) Suburban Cable TV, Inc. ) ) Refund Plan ) ORDER Adopted: June 16, 2000 Released: June 19, 2000 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider the refund plan filed by the above-captioned operator ("Operator") in the above-captioned community pursuant to our Order, In the Matter of Suburban Cable TV Company, Inc. ("Refund Order"). Our review of Operator's refund plan reveals that the refund plan fulfills the requirements of the Refund Order provided Operator accrues interest up to the date of the refund. 2. Accordingly, Operator's Refund Plan IS APPROVED, provided operator modifies its refund plan to the extent indicated herein, and IT IS ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R.  76.962, that Operator implement its refund plan within 60 days of the date of this Order. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R.  76.962, that Operator file a certificate of compliance with the Chief, Cable Services Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CTC TELCOM, INC. Certification to Operate an Open Video System ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: June 16, 2000 Released: June 19, 2000 By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. introduction 1. On June 9, 2000, CTC Telcom, Inc. ("CTC") 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. CTC seeks to operate an open video system in various communities in Barron County, Wisconsin (the "Service Areas"). In accordance with our procedures, the Commission published notice of receipt of CTC's certification application and posted the application on the Internet. No comments were received. 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. Open video system operators must obtain certification prior to the commencement of service, allowing sufficient time to comply with the Commission's requirements regarding notifications that applicants 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. CTC has submitted an application on FCC Form 1275 for certification to operate an open video system in the Service Areas. We have reviewed the information contained in CTC's application. As required by Form 1275, CTC's application provides the following: company information and a separate statement of ownership listing affiliated entities; eligibility and compliance representations; and system information and verification statements. CTC also confirmed that it served its application upon the designated telecommunications officials in each of the communities involved. 5. We find that CTC 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 CTC's certification filing proves to be materially false or materially inaccurate, the Commission retains the authority to revoke CTC's certification or impose such other penalties it deems appropriate, including forfeiture. III. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that the application of CTC Telcom, Inc. for certification to operate an open video system in the Service Areas IS GRANTED. 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. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Acting Chief Consumer Protection and Competition Division Cable Services Bureau