DA 95-672 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) U S WEST COMMUNICATIONS, INC. ) File No. W-P-C-6868 ) For Authority under Section 214 of the ) Communications Act of 1934, as amended, ) to construct, operate, own, and maintain ) facilities and equipment to provide video ) dialtone service in portions of the Omaha, ) Nebraska service area. ) ORDER Adopted: March 29, 1995 Released: March 31, 1995 By the Chief, Common Carrier Bureau: I. INTRODUCTION 1. On March 8, 1995, U S WEST Communications, Inc. (U S WEST) filed a Request for Extension and Contingent Request for Special Temporary Authority (Request for Extension) for its technical trial of video dialtone service in Omaha, Nebraska. In December 1993, the Commission granted U S WEST authority pursuant to Section 214 of the Communications Act of 1934, as amended, to construct and operate facilities necessary to conduct a six-month technical trial to be followed by a twelve-month market trial of video dialtone service in portions of the Omaha, Nebraska service area. 2. In its Request for Extension, U S WEST seeks permission to extend its technical trial authority until it has an effective trial tariff in place, or six months, whichever comes first. For the reasons set forth below, we grant U S WEST's request. II. BACKGROUND 3. In the Omaha Authorization, the Commission authorized U S WEST to offer video dialtone service within its Omaha, Nebraska service area on a trial basis. The Commission authorized U S WEST to construct facilities for the technical trial that would pass 2,500 households. In January 1995, the Commission allowed U S WEST to modify the Omaha Authorization, approving a revised analog channel allocation plan. 4. U S WEST states that, as of the date of its Request for Extension, programmer- customers have provided only a very limited amount of video programming over analog channels to subscribers in Omaha. One portion of the analog channel allocation plan is a facilitation process in which programmer-customers select video programming to be provided on common and shared analog channels. That channel allocation process was conducted on January 19, 1995 and video programming was selected and channel assignments designated. Programmer- customers have been given until April 1, 1995, to obtain the program rights necessary to carry the common and shared programming. 5. U S WEST states that it formally announced the beginning of the digital portion of its technical trial on October 3, 1994. At that time, U S WEST began testing the receipt of digital video signals from programmer-customers, but no digital signals were delivered to end users until January 6, 1995. 6. U S WEST believes that its authorization for the technical trial may end on April 3, 1995. U S WEST states that it and its programmer-customers need additional time to test the delivery of analog and digital services and to prepare for the market trial. U S WEST notes that it has not yet filed a video dialtone trial tariff, but expects to do so shortly. 7. U S WEST believes that the public interest would be served by allowing it to extend its technical trial until it has an effective market trial tariff in place or for a six-month period, whichever comes first. U S WEST argues that this extension would allow analog and digital providers to test services adequately before beginning a market trial. It asserts that this would serve both the public interest and the interests of trial participants. U S WEST expects that it would be able to commence its market trial in June 1995. No comments were filed on U S WEST's request. III. DISCUSSION 8. We conclude that an extension of U S WEST's technical trial will serve the public convenience and necessity, and therefore grant the Request for Extension. An extension of time will allow U S WEST to more thoroughly test advanced analog and digital technology, fulfilling the objectives of the trial and promoting the Commission's goals of video dialtone. We agree that an extension of U S WEST's technical trial would allow U S WEST to prepare for an expanded market trial. 9. Moreover, we note that U S WEST's Request for Extension is limited in duration. U S WEST expects to commence its market trial by June 1995. U S WEST requests that it continue its technical trial until it has an effective market trial tariff in place, or six months, whichever comes first. Under these circumstances, we do not find the extension period unreasonable or contrary to the public interest. 10. Furthermore, we have received no comments or statements in opposition to U S WEST's request. The record contains no indication that any party would be harmed by extending U S WEST's 2,500 household technical trial. 11. Finally, U S WEST's operation of the technical and market trials remains subject to each and every condition, as applicable, contained in the Omaha Authorization and the Modified Omaha Authorization. U S WEST must continue to report to the Commission on the status of its technical and market trials. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 214 of the Communications Act of 1934, as amended, 47 U.S.C.  214, and authority delegated to the Chief of the Common Carrier Bureau by Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, the Request for Extension filed by U S WEST Communications, Inc. IS GRANTED, and that the technical trial may continue for the lesser of six months or when U S WEST has an effective market trial tariff in place for its trial of video dialtone service in Omaha, Nebraska. 13. IT IS FURTHER ORDERED that the conditions and requirements contained in the Omaha Authorization and the Modified Omaha Authorization remain in full effect, and nothing in this Order should be construed to modify those orders in any way, except to the extent indicated herein. FEDERAL COMMUNICATIONS COMMISSION Kathleen M.H. Wallman Chief, Common Carrier Bureau