It is the INTENT of Digital Broadcasting OVS (DBOVS) of 520 W. Santa Ana Blvd., Santa Ana, CA 92701, Ph: (714) 285-2688 to provide Television Broadcast Services to any/all residents of Los Angeles, Orange. San Bernardino, Riverside and San Diego Counties of California as part of the Open Video System (OVS) established by the US Congress under the Telecommunications Act of 1996 DBOVS became (10/10/96) the first OPEN VIDEO SYSTEM OPERATOR certified by the FCC under the authority of the Telecommunications Act of 1996. DBOVS is authorized to transmit upwards of 500 6 MHz Digital. High Definition (HD) and Advanced Telecommunications channels using ON PREMISES equipment to transmit and receive a variety of MPEG 2 variable bit rate formats. including staggered programming, video-on-demand programming, service oriented programming and special event transmissions. A CERTIFICATION AFFIDAVIT Digital Broadcasting OVS, as an Open Video System Operator, herein certifies that they have here-to-fore, are now and will continue in the future to comply with all relevant FCC Notification Requirements specified under the Open Video System Must-Carry and Retransmission Consent regulations (47 C.F.R. 76.1506). Attached is a listing of all local Commercial and Non-commercial television stations entitled, to our knowledge, to Must-Carry Retransmission treatment.2 Also attached is a listing of all Local Franchising Authorities, to our knowledge, located within the anticipated service area and entitled to notification. All the identified Television Stations and Local Franchising Authorities, as of the date of this filing, have received two fax notifications and a 1st Class US Mail notification or Certified Hand Delivered notification of our Intent To Provide Television Transmission Services in their respective areas under authority of Congress' OPEN VIDEO SYSTEM. Postings should be made to the FCC's Daily Digest and the Cable Service Bureau's Ref rence Room. Information taken from Warren Publishing, Inc. at the above listed address. PROJECTED CHANNEL CAPACITY DBOVS has been approved by the FCC to provide carriage privileges for Video Progra nming Providers (VPPs) in the following four categories*: 1) 2) 3) 170 Digital channels grouped as follows: a. b. C. 100 premium programming channels 12 - 15 standard service (Must Carry) NETWORK channels 260 Independent & Unaffiliated Digital Broadcast channels 35 Public, education and government channels (PEG) 4) 35 MPEG II Broadband High Speed Internet channels Persons, companies, municipalities or others interested in more information regarding Upgraded Television Viewing, CONTENT DISTRIBUTION, Exclusive Channel Ownership, or Channel Sharing for their television content should contact the Information Officer at the address listed below and request the "VPP Information/Application Packet". THE OPEN ENROLLMENT PERIOD The FCC regulations specify that each Open Video System Operator have an initial OPEN ENROLLMENT PERIOD in which interested parties may submit applications for their own channel The DBOVS NETWORK has established the initial enrollment period to be 120 days, beginning January 2, 1997 and ending May 2, 1997. Subsequent enrollment periods will be held prior to the beginning of each succeeding 3rd year, depending on open channel capacity. The anticipated beginning of ON-LINE TRANSMISSION SERVICES is 4th quarter 1997 with certain services being added on a staggered basis as needed and/or required. Full deployment is expected by 4th quarter 1998. In the event that the demand for carriage services by qualified applicants exceeds the 500 channel capacity DBOVS will impose the 2/3rds channel allotment rule specified by the FCC which states that 2/3rds of the channel capacity must be used for Independent and Unaffiliated channel applicants with 1/3rd of the channel capacity being allotted for selected programming applicants. VPP applicants who qualify for channel sharing will receive a multiplexed channel assignment. BECOMING A VPP ON THE DBOVS NETWORK The following steps comprise the path for becoming a Video Programming Provider: 1) Submit a WRITTEN letter of interest addressed to the Information Officer, (Darrol *Information taken from the FCC 1275 Application Filing approved by the FCC October 10, 1996. "See the attached "sample" response letter. 2) 3) 4) 5) 6) 7) 8) 9) 10) Participate in an in-house presentation/demonstration of DBOVS' technical capacity and discussion on overall NETV. ORK oals and objectives (optional). Thoroughly read and understand the information received. It contains pertinent information regarding technical standards, financial requirements, necessary equipment, production standards, etc. along with other Network commitments and obligations Compiete and return your APPLICATION FOR CHANNEL CAPACITY along with the other specified documents Send by certified mail to DBOVS at the same address listed in the letterhead. Digitally yours, Submit a NON-REFUNDABLE application processing fee. 6 Submit the NON-DISCLOSURE AGREEMENT signed by an authorized and Participate in a planning session with DBOVS' executive staff to review and discuss Approved VPPs will be required to pay a one time licensing fee per contract period Designate executive liaison to represent your new channel and appoint same or com- Ron Time Roy V. Jimenez, President & CEO Attachment: 1) Franchise Authorities within Anticipated Service Area 2) Commercial & Non-Commercial TV Stations in Anticipated Service Area "Application fee is used to defray expanses of printing screening, prcessing of application.ctc. "To insure fairness and non-discrimination in selection of channel VPP applicants the Network Advisory Committee has been selected to make final decisions on selection of applicants. *All fees will be discussed in the VPP Information Packet after interested parties submit their letter of interest. 520 W. Santa Ana Blvd. Santa Ana, CA 92701 CERTIFICATE OF SERVICE ("Notification Of Intent" To FCC) I, Roy Jimenez, certify that on the 31st day of December, 1996 I caused a copy of the foregoing "Notice of Intent to Establish an Open Video System "to be served on the persons below. The notification was done by FED EX airbills 1485064674 and 1485064663 postage prepaid. Ray Jrming Roy Jimenez Office of the Secretary Federal Communications Commission 1919 M Street N. W. Room 222 Washington D.C.,20554 Caroline Flemming Federal Communications Commission Cable Services Bureau 2033 M Street, NW Room 918 Washington DC, 20554 tecnoi3.doc |