Exhibit 1 to the Video Service Provider Agreement July 17, 2009 Order of the Kansas Corporation Commission

Similar documents
State Board of Technical Professions

REQUEST FOR BIDS PUBLIC ACCESS TELEVISION MANAGEMENT SERVICES THE CITY OF YORK. November 17, 2014

)

KANSAS STATUTES ANNOTATED Article 35 LICENSURE OF ADULT CARE HOME ADMINISTRATORS

PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg, PA 17105

APPENDIX D. Final Rules PART 54 UNIVERSAL SERVICE. Subpart A General Information

SENATE BILL No K.S.A , and amendments thereto.

KANSAS STATE BOARD OF NURSING ARTICLES. regulation controls. These articles are not intended to create any rights, contractual or otherwise, for

PUBLIC UTILITY COMMISSION OF OREGON STAFF REPORT PUBLIC MEETING DATE: May 19, REGULAR X CONSENT EFFECTIVE DATE May 19, 2015

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

VILLAGE OF SOUTH ELGIN APPLICATION FOR LIQUOR LICENSE FOR INDIVIDUALS AND NON-INCORPORATED ENTITIES

MAINE STATE LEGISLATURE

PUBLIC NOTICE Federal Communications Commission th St., S.W. Washington, D.C

1 1 Docket No. OSHA OOXO6

RULES OF THE TENNESSEE DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE PROCEDURES DIVISION CHAPTER CHILD CARE AGENCY BOARD OF REVIEW

As Introduced. Regular Session H. B. No

Wyoming Public Service Commission (WPSC) Biennium Strategic Plan

65-1,201. Definitions. As used in the residential childhood lead poisoning prevention act: History: L. 1999, ch. 99, 2; Apr. 22

Department of Defense DIRECTIVE

May 16, 2013 EX PARTE. Ms. Marlene H. Dortch Secretary Federal Communications Commission th Street, SW Washington, DC 20554

House Bill 4023 Ordered by the House February 27 Including House Amendments dated February 15 and February 27

100-28a-1a. Definitions. As used in this article, each of the following terms shall have the

NOFA No MBI-01. Massachusetts Technology Collaborative 75 North Drive Westborough, MA

December 18, Public Health Emergency Medical Services Paramedics; Authorized Activities

A. Student Eligibility

NOW THEREFORE, the parties enter into the following Agreement:

PROPOSED REGULATION OF THE CHIROPRACTIC PHYSICIANS BOARD OF NEVADA. LCB File No. R July 19, 2017

ATTACHMENT A GARDEN STATE HISTORIC PRESERVATION TRUST FUND PROGRAM REGULATIONS. (selected sections)

F I L E D JUNE KANSAS STATE BOARD OF HEALING ARTS

Telecommunications Advisors Since March 4, 2015 VIA ECFS

REDACTED - FOR PUBLIC INSPECTION

STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION DE

CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

SENATE, No STATE OF NEW JERSEY. 215th LEGISLATURE INTRODUCED NOVEMBER 29, 2012

1.0 General Procurement Information

THE CODE 1000 PLAN. for ST. LOUIS COUNTY AND MUNICIPAL LAW ENFORCEMENT AGENCIES. January 2013

FILED. BEFORE THE KANSAS STATE BOARD OF NURSING JUL 14?OO8 Landon t'"'"r:lt:?:,liitij 33nw Jackson #1051 KSBN

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) REPLY COMMENTS OF THE UNITED STATES TELECOM ASSOCIATION

Request for Information For Telecommunication Audit

Periodic Review. Quick and easy guidance on the when and how to update your comprehensive plan

WEB-BASED TRAINING RFI NO.: DMS 09/10-022

INFRASTRUCTURE GRANT PROGRAM (IGP)

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540-X-7 ASSISTANTS TO PHYSICIANS TABLE OF CONTENTS

Matching Incentive Grant Program

HOUSE BILL No page 2

MEDICAL LICENSURE COMMISSION OF ALABAMA ADMINISTRATIVE CODE CHAPTER 545 X 6 THE PRACTICE OF MEDICINE OR OSTEOPATHY ACROSS STATE LINES

Kansas Commission on Veterans Affairs

RESOLUTION NUMBER 2877

KANSAS STATE BOARD OF HEALING ARTS

SUBCHAPTER 34B - FUNERAL SERVICE SECTION RESIDENT TRAINEES

LexisNexis (TM) New Jersey Annotated Statutes

Last updated on April 23, 2017 by Chris Krummey - Managing Attorney-Transactions

[ ] DEFINITIONS.

TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY PART 385 FORECLOSURE PREVENTION PROGRAM

EXHIBIT A SPECIAL PROVISIONS

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540-X-8 ADVANCED PRACTICE NURSES: COLLABORATIVE PRACTICE TABLE OF CONTENTS

Title 32: PROFESSIONS AND OCCUPATIONS

State of Kansas Community Service Tax Credit FY2019 Application Guidelines (For projects starting July 1, 2018 And ending December 31, 2019)

[Second Reprint] SENATE, No. 278 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED APRIL 28, 2014

FORM RPM-BSP-ANNUAL REPORT-1

(132nd General Assembly) (Amended Senate Bill Number 37) AN ACT

STATE OF KANSAS OFFICE OF THE ATTORNEY GENERAL Through the KANSAS BUREAU OF INVESTIGATION INSTRUCTIONS

FILED JUN KS State Board of Healing Arts

ALABAMA BOARD OF NURSING ADMINISTRATIVE CODE CHAPTER 610-X-4 LICENSURE TABLE OF CONTENTS

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

TRRC Last-Mile Broadband - Program Guidelines

This Ordinance shall be known and may be cited and referred to as the Emergency Management Ordinance of the Town of Brandon, Vermont.

LOS ANGELES COUNTY SHERIFF S DEPARTMENT REQUEST FOR INFORMATION RFI NUMBER 652 SH ONLINE TRAFFIC REPORTS (OLTR)

COUNTY OF CHARLOTTE. County Commissioners Murdock Circle Port Charlotte, FL

The White House. National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba

CHAPTER SIX RESNET STANDARDS 600 ACCREDIATION STANDARD FOR SAMPLING PROVIDERS

HEALTH GENERAL PROVISIONS CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS

coordination and collaboration between St. Mary s College and the Town of Moraga

Chapter 11. Cultural Districts

~/

CHAPTER 246. C.App.A:9-64 Short title. 1. This act shall be known and may be cited as the "New Jersey Domestic Security Preparedness Act.

BROWARD OFFICE OF THE INSPECTOR GENERAL

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MARCH 12, 2018

Proposed Rules. of the. Tennessee Peace Officer Standards and Training Commission

POLICIES, RULES AND PROCEDURES

BEFORE THE GUAM PUBLIC UTILITIES COMMISSION ) ) ) ) ) ) ) ) INTRODUCTION

DOD MANUAL ACCESSIBILITY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT)

DEPUTY SECRETARY OF DEFENSE 1010 DEFENSE PENTAGON WASHINGTON, DC

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MAY 24, 2018

Lyndon Township Broadband Implementation Committee Lyndon Township, Michigan

PRACTICE PARTICIPANT AGREEMENT

Request for Proposals. Research and Commercialization Projects

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

STATE OF FLORIDA DEPARTMENT OF HEALTH

ASSEMBLY BILL No. 214

Employee Statement and Security Guard Application FEE $36

Quick Reference Site-Specific Prescriptive Delegation Statute & Rule 5/22/2010

As Passed by the House. Regular Session Sub. H. B. No

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

ISABELLA COUNTY REQUEST FOR PROPOSALS COMMISSION ON AGING CATV AND HEADEND EQUIPMENT

Dear Chairman Sanchez and Members of the House Ways and Means Committee,

SPECTRUM INTERNET ASSIST

CHARTER COMMUNICATIONS SETS NEW INDUSTRY STANDARD BY LAUNCHING NEW LOW-COST, HIGH-SPEED BROADBAND SERVICE FOR U.S.

Occupational Therapist Licensure Requirements

Transcription:

Exhibit 1 to the Video Service Provider Agreement July 17, 2009 Order of the Kansas Corporation Commission

THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS 2009.07.17 14:39:08 Kansas Corporation /8/ alsan K. Duff,:i Before Commissioners: Thomas E. Wright, Chairman Michael C. Moffet Joseph F. Harkins In the Matter of the Application of Community Wireless Communications Filing for Kansas Video Service Authorization. Docket No. 09-CWCZ-976-VSA ORDER APPROVING APPLICATION FOR VIDEO SERVICE AUTHORIZATION The above-captioned matter comes on before the State Corporation Commission of the State of Kansas (Commission) for consideration and determination. Having reviewed its files and records, and being duly advised in the premises, the Commission grants the Application of Community Wireless Communications (Community) for Video Service Authorization (Application). 1. Community filed its application on June 16, 2009, and made several minor corrections three days later. Community's completed application was submitted June 19, 2009. See K.S.A. 2008 Supp. 1223(a). The Commission has jurisdiction in this proceeding pursuant to K.S.A. 2008 Supp. 12-2023. 2. Commission staff (Staff) provided its Memorandum on June 22, 2009, analyzing and explaining the Application. The Memorandum was posted the same day on the Commission's web site to provide interested persons the opportunity to comment on the Application. To date, no comments have been received. 3. Staff reported that Community had identified its principal place of business as 4105 W. 6th Street, Suite A-1, Lawrence, Kansas 66049 along with a list of the principal officers and designated management contacts for video matters. Staff also reported that

Community was registered with the Kansas Secretary of State's office and is currently "active and in good standing" with that office. 4. Staff explained that Community is seeking state wide video service authorization in the city of Lawrence, Kansas and had provided the CUID number of Lawrence, KS0766. Staff verified the registration with the FCC's Media Bureau's web site. Staff reported that Community had provided a metes and bounds legal description of its proposed service area of Lawrence. Staff assigned a footprint identifier of LW-01- CWZ-01 to the proposed service area. Staff advised that Community had stated that it would pass 100% of the encompassed residences by June 14, 2014. 5. Staff indicated that Community agreed to comply with all applicable federal and state statutes and regulations and also agreed to comply with all lawful and applicable municipal regulations regarding the use and occupation of public-rights-ofway in the delivery of video services, including the police powers of the municipalities in which the service is delivered. Community also agreed that it would not deny service to any group of potential residential subscribers because of the income of residents in the local areas in which they reside. 6. Staff further reported that Community had provided a block diagram and vendor literature describing its intended service architecture. The service will be provided using Internet Protocol with transport provided via a Metropolitan Area Network utilizing a combination of wireless and fiber technologies. 7. Staff found Community's application to be complete and in conformity with K.S.A. 2008 Supp. 12-2023 and K.A.R. 2008 Supp. 82-15-1. Staff recommended approval of Community's application. 2

8. On July 7, 2009, World Company d/b/a Sunflower Broadband (Sunflower) filed a petition to deny the application. Sunflower subsequently filed an amended petition on July 14, 2009. Sunflower also filed a petition to intervene on July 14. 9. On July 9, 2009, in response to Sunflower's first petition to deny, Staff filed a second Memorandum recommending the application be suspended, the issues raised in Sunflower's petition be investigated, and that the applicant respond to the issues raised by Sunflower with allowance for a rebuttal. Staff Memorandum filed July 9. 10. On July 15, 2009, Community filed its Response to the World Company's Petition to Deny Application. Community addressed the issues raised by Sunflower. 11. The Commission granted Sunflower's petition to intervene and considered Sunflower's petition to deny the application and Community's response in the Commission's Order Granting Petition to Intervene and Denying Petition to Deny Application. The Commission denied Sunflower's petition to deny Community's application. The Commission incorporates herein the analysis at paragraphs 9 to 16 set forth in that order. 12. The Commission observes that the statutory scheme provided by K.S.A. 2008 Supp. 12-2023(a) indicates the Commission is to grant an application based on an applicant's fulfillment of the statutory requirements in the application. This is to be done within 30 days. In light of the provisions of the governing statute, and its analysis in its order denying Sunflower's petition to deny the application, the Commission does not believe additional filings by the parties would aid the Commission in addressing this application. The Commission also finds no further investigation is necessary. 3

13. The Commission has reviewed Staff's Memorandum filed June 23, 2009 and finds it thorough and reasonable, and adopts same as if set out fully herein. 14. Section 12-2023 of the Video Competition Act requires an entity or person seeking to provide cable service or video service in this state on or after July 1, 2006, to file an application with the Commission containing the following information: a. The location of applicants' principal place of business and the names of applicant's principal executive officers. Community did so in Attachments 1 and 2 to its Initial Application form. See Staff Memorandum filed June 23. b. That applicant has filed with the FCC all forms required by that agency in advance of offering video service in Kansas. Community did so on June 8, 2009, and obtained the Community Unit Identification Number (CUID) KS0766. Staff verified the number with FCC's Media Bureau's web site. Staff Memorandum filed June 23. c. Applicant must agree to comply with all applicable federal and state statutes and regulations and (d) must agree to comply with all lawful and applicable municipal regulations regarding the use and occupation of public rights-of-way in the delivery of the video service, including the police powers of the municipalities in which the service is delivered. Community did so by initialing item #5 in the Initial Application, which contains both (c) and (d) of the Video Competition Act. Staff Memorandum filed June 23. (e) Applicant must provide description of the service area foot-print to be served within the State of Kansas, including any municipalities. Community provided the boundaries of the City of Lawrence as Attachment A to the Initial 4

Application. See Staff Memorandum filed June 23. (f) Applicant must provide the period of time it shall take applicant to become capable of providing video programming to households in the applicant's footprint, which may not exceed five years. Staff's Memorandum advised the Commission that Community had stated that it would pass 100% of the encompassed residences by June 14, 2014. (g) Applicant must provide a general description of the type or types of of technologies to be used by applicant in the provision of video programming to all households in footprint. Community described in detail the equipment and technology to be used in Attachment 7 to the Initial Application. See Staff Memorandum filed June 23. (h) K.S.A. 2008 Supp. 12-2023(i) requires applicant to offer concurrent rebroadcast of local television broadcast channels to alert customers to any public safety emergencies. By initialing item #5 in the Initial Application, Community agreed to comply with all applicable federal and state laws and regulations, including K.S.A. 2008 Supp. 12-2023(i). See Staff Memorandum filed June 23. 15. The Commission finds Community has met the filing requirements of K.S.A. 2008 Supp. 12-2023. The Commission grants the Application of Community Wireless Communications for Kansas Video Service Authorization. IT IS, THEREFORE, BY THE COMMISSION ORDERED THAT: A. The application of Community Wireless Communications for Kansas Video Service Authorization is granted. The Commission grants authority to Community 5

Wireless Communications for Kansas to provide video service as requested. This grant of authority is subject to lawful operation of the video service by Community Wireless Communications for Kansas or its successor in interest. B. Parties have fifteen days, plus three days if service of this Order is by mail, from the date of service of this Order in which to petition the Commission for reconsideration. All petitions for reconsideration must be served upon the Commission's executive director. C. The Commission retains jurisdiction over the parties and the subject matter of this docket for the purpose of issuing such additional orders as it deems necessary. BY THE COMMISSION IT IS SO ORDERED. Wright, Chmn.; Moffet, Com.; Harkins, Com. ORDERED MAILED 7 2009 Dated: JUL 1 JUL 17 2009 OCECUTIVE DIRECTOR Susan K. Duffy, Executive Director 6