Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Grants Withdrawal Petitions of Fifteen EAS Participants

Download Options

Released: May 2, 2013

Federal Communications Commission

DA 13-987

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Review of the Emergency Alert System;
)
EB Docket No. 04-296
)
Independent Spanish Broadcasters Association,
)
the Office of Communication of the United
)
Church of Christ, Inc., and the Minority Media
)
and Telecommunications Council, Petition for
)
Immediate Relief;
)
)

Randy Gehman Petition for Rulemaking
)

ORDER

Adopted: May 2, 2013

Released: May 2, 2013

By the Chief, Public Safety and Homeland Security Bureau:

I.

Introduction

1.
In this Order we address fifteen petitions submitted on behalf of various radio and
television broadcaster and cable Emergency Alert System (EAS) Participants seeking to withdraw
previously filed requests for waiver of Section 11.56 of the Commission’s rules,1 which requires EAS
Participants to have installed operational equipment that can receive and process EAS alerts in the
Common Alerting Protocol (CAP) by June 30, 2012.2 For the reasons set out herein, we grant the
petitions to withdraw the waiver requests, and dismiss the underlying waiver petitions.

II.

Background

2.
In its 2007 EAS Second Report and Order, the Commission, among other things,
mandated that EAS Participants be able to receive a CAP-formatted EAS alert message issued by the
Federal Emergency Management Agency (FEMA) no later than 180 days after FEMA adopted technical
standards for CAP.3 On September 30, 2010, FEMA published the technical standards and requirements

1 47 C.F.R. § 11.56.
2 The EAS is a hierarchical alert message distribution system that delivers alerts initiated by federal, state and local
alerting authorities utilizing the transmission facilities of radio and television broadcast stations, cable operators,
satellite radio and television service providers, and wireline video service providers, collectively referred to as “EAS
Participants.” See 47 C.F.R. § 11.2(c). CAP is an open, interoperable XML-based standard that allows an alert
initiator to deliver information-rich alerts to multiple devices. See Review of the Emergency Alert System;
Independent Spanish Broadcasters Association, the Office of Communication of the United Church of Christ, Inc.,
and the Minority Media and Telecommunications Council, Petition for Immediate Relief; Randy Gehman Petition
for Rulemaking, EB Docket 04-296, Fifth Report and Order, 27 FCC Rcd 642, 648 ¶ 10 (2012) (Fifth Report and
Order
).
3 See Review of the Emergency Alert System; Independent Spanish Broadcasters Association, The Office of

Federal Communications Commission DA 13-987

for CAP-formatted EAS alerts, triggering the 180-day clock for EAS Participants to be able to receive
CAP-formatted alerts.4 On November 18, 2010, the Commission adopted the Waiver Order, which
extended the 180-day deadline for EAS Participants to meet the CAP-related obligations it adopted in the
Second Report and Order until September 30, 2011.5 Finally, on September 16, 2011 the Commission
extended the deadline one last time, amending section 11.56 of the Commission's EAS rules to require
EAS Participants to be able to receive CAP-formatted EAS alerts as required by Part 11 no later than June
30, 2012.6
3.
Opus Broadcasting Systems, Inc. (Opus), Valley Public Television, Inc. (Valley), Uno
Radio Group (Uno), Windstream Lakedale, Inc., (Windstream), Venite Adroemus, Inc. (Venite), Pene
Broadcasting Co., Inc. (Pene), Americus Communications, LLC and RLM Communications, Inc. (jointly
Americus), Port St. Lucie Broadcasters, Inc. (Port St. Lucie), West Central Minnesota Educational TV
Corp. (Pioneer), Baja Broadband Operating Company, LLC (Baja), Southern Communications
Volunteers, Inc. (SCV), and Applegate Media, Inc. (Applegate) filed petitions seeking temporary waiver
of section 11.56 on the basis that they could not meet the June 30 deadline due to vendor delay.7 ION
Media Wassau License, Inc. (ION) filed a petition for temporary waiver of section 11.56, claiming that it
could not obtain broadband connections necessary to comply with the CAP requirement.8 Blanchard

Communication of the United Church of Christ, Inc., and the Minority Media and Telecommunications Council,
Petition for Immediate Relief, ET Docket No. 04-296, Second Report and Order and Further Notice of Proposed
Rulemaking
, 22 FCC Rcd 13275, 13,275 ¶ 26 (2007) (Second Report and Order).
4 See Review of the Emergency Alert System; Independent Spanish Broadcasters Association, the Office of
Communication of the United Church of Christ, Inc., and the Minority Media and Telecommunications Council,
Petition for Immediate Relief; Randy Gehman Petition for Rulemaking, EB Docket 04-296, Fourth Report and
Order
, 26 FCC Rcd 13,710, 13,713 ¶ 4 (2011) (Fourth Report and Order).
5 See Review of the Emergency Alert System, Order, EB Docket No. 04-296, 25 FCC Rcd 16376 ¶ 1 (2010) (Waiver
Order
).
6 See Fourth Report and Order, 26 FCC Rcd at 13711-12 ¶¶ 1 (2011).
7 See Opus Broadcasting Systems, Inc. CAP to EAS Converter, EB Docket 04-296 (filed June 29, 2012) (Opus
Waiver Petition); Valley Public Television, Inc. Petition for Waiver of CAP Obligations, EB Docket 04-296 (filed
June 28, 2012) (Valley Waiver Petition); Uno Radio Group Petition for Temporary Waiver of 47 C.F.R. §11.56
(CAP Obligations), EB Docket 04-296 (filed June 19, 2012) (Uno Waiver Petition); Windstream Lakedale, Inc.
Petition for Temporary Waiver of CAP Obligations, EB Docket 04-296 (filed June 14, 2012) (Windstream Waiver
Petition); Blanchard Cable, Inc. Request for Waiver of CAP Obligations, EB Docket 04-296 (filed June 27, 2012)
(Blanchard Waiver Petition); Venite Adoremus, Inc. Request for Temporary Waiver of EAS Rules, EB Docket No.
04-296 (filed July 3, 2012) (Venite Waiver Petition); Pene Broadcasting Co., Inc. Request for Temporary Waiver of
EAS Rules, EB Docket No. 04-296 (filed June 22, 2012) (Pene Waiver Petition); Americus Communications, LLC
and RLM Communications, Inc. Request for Temporary Waiver of EAS Rules, EB Docket No. 04-296 (filed June
22, 2012) (Americus Waiver Petition); Port St. Lucie Broadcasters, Inc. Request for Temporary Waiver of
Installation of CAP-compliant EAS Equipment, EB Docket 04-296 (filed June 29, 2012) (Port St. Lucie Waiver
Petition); West Central Minnesota Educational TV Corp. Temporary Waiver Request, EB Docket 04-296 (filed June
29, 2012) (Pioneer Waiver Petition). Baja Broadband Operating Company, LLC Petition for Waiver of CAP
Compliance Obligations, EB Docket 04-296 (filed June 27, 2012) (Baja Petition); Petitions for waiver of section
11.56 filed by Southern Communications Volunteers, Inc. (SCV), and Applegate Media, Inc. (Applegate) will be
addressed in subsequent orders.
8 ION Media Wassau License, Inc. Request for Waiver of CAP Obligation, EB Docket 04-296 (filed June 26, 2012)
(ION Waiver Petition).
2

Federal Communications Commission DA 13-987

Cable, Inc. (Blanchard) filed a request for temporary waiver of section 11.56 on the basis that compliance
would be cost-prohibitive.9 MetroCast Communications of Mississippi, LLC (MetroCast) filed a petition
for temporary waiver of section 11.56 on the basis that it was interconnecting two affected systems into a
CAP-compliant system and this would not take place before the June 30 deadline.10 Caballero
Acquisition, Inc. (Caballero) sought temporary waiver of section 11.56 on the basis that its newly
purchased, CAP-compliant equipment had been stolen prior to installation.11 Rainbow Communications,
Inc. (Rainbow) sought temporary waiver of section 11.56 on the basis that it planned to shut down the
systems at issue by the end of 2012.12 Subsequently, Opus, Valley, Uno, Windstream, Venite, Pene,
Americus, Port St. Lucie, Pioneer, Baja, ION, Blanchard, MetroCast, Caballero, and Rainbow filed
requests seeking to withdraw their waiver petitions.13

III.

Discussion


9 Blanchard Cable, Inc. Request for Waiver of 47 C.F.R. 11, EB Docket 04-296 (filed June 28, 2012) (Blanchard
Waiver Petition).
10 MetroCast Communications of Mississippi, LLC, Motion to Petition for a Limited Waiver of the CAP
Compliance Obligations, EB Docket No. 04-296 (filed June 28, 2012) (MetroCast Waiver Petition).
11 Caballero Acquisition, Inc. Petition for Waiver, EB Docket No. 04-296 (filed June 29, 2012) (Caballero Waiver
Petition).
12 Rainbow Communications, Inc. Petition for Limited Waiver of the CAP-Compliance Obligation, EB Docket No
04-296 (June 27, 2012) (Rainbow Waiver Petition).
13 See Opus Withdrawal Petition, EB Docket 04-296 (filed April 12, 2013) (Opus Withdrawal Petition); Valley
Public Television, Inc. Petition for Withdrawal of Waiver Petition of Valley Public Television, Inc., EB-Docket 04-
296 (filed April 8, 2013) (Valley Withdrawal Petition); Letter, Anthony T. Lepore, Esq., to Gregory M. Cooke,
Associate Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau, EB Docket No. 04-
296 (filed August 29, 2012) (Uno Withdrawal Petition); Windstream Lakedale, Inc. Withdrawal of Petition, EB
Docket No. 04-296 (filed September 6, 2012) (Windstream Withdrawal Petition); Venite Adoremus, Inc,
Amendment to Petition for Withdrawal of EAS Waiver Request, EB Docket No. 04-296 (filed April 17, 2013)
(Venite Amended Withdrawal Petition) and Petition for Withdrawal of EAS Waiver Request, EB Docket No 04-296
(filed April 2, 2013) (Venite Withdrawal Petition); Pene Broadcasting Co. Amendment to Petition for Withdrawal of
EAS Waiver Request, EB Docket No. 04-296 (filed April 17, 2013) (Pene Amended Withdrawal Petition) and
Petition for Withdrawal of EAS Waiver Request, EB Docket No 04-296 (filed April 2, 2013) (Pene Withdrawal
Petition); Americus Communications, LLC Amendment to Petition for Withdrawal of EAS Waiver Request, EB
Docket No. 04-296 (filed April 17, 2013) (Americus Amended Withdrawal Petition) and Petition for Withdrawal of
EAS Waiver Request, EB Docket No 04-296 (filed April 2, 2013) (Americus Withdrawal Petition); Port St. Lucie
Broadcasters, Inc. Petition for Withdrawal of Request for Temporary Waiver of Installation of CAP-compliant EAS
Equipment, EB Docket 04-296 (filed April 8, 2012) (Port St. Lucie Withdrawal Petition); West Central Minnesota
Educational TV Corp. Dismissal of Temporary Waiver Request, EB Docket 04-296 (filed July 26, 2012) (Pioneer
Withdrawal Petition); Baja Broadband Operating Company, LLC Withdrawal of Petition for Waiver of CAP the
Compliance Obligations, EB Docket 04-296 (filed April 26, 2013) (Baja Withdrawal Petition); Letter, John R.
Feore, Jr., to David S. Turetsky, Chief, Public Safety and Homeland Security Bureau, EB Docket No. 04-296 (filed
September 7, 2012) (ION Withdrawal Petition); Blanchard Cable, Inc. Withdrawal of Petition for Waiver of 47
C.F.R. Section 11 (filed November 6, 2012) (Blanchard Withdrawal Petition); MetroCast Communications of
Mississippi, LLC, Motion to Withdraw Petition for a Limited Waiver of the CAP Compliance Obligations, EB
Docket No. 04-296 (filed January 4, 2013) (MetroCast Withdrawal Petition); Caballero Acquisition, Inc. Petition for
Withdrawal, EB Docket No. 04-296 (filed April 4, 2013) (Caballero Withdrawal Petition); Rainbow
Communications, Inc Withdrawal of Petition for Waiver of CAP Compliance Obligations, EB Docket 04-296 (filed
April 26, 2013) (Rainbow Withdrawal Petition).
3

Federal Communications Commission DA 13-987

4.
These fifteen petitioners all state that they are now either in compliance with section
11.56 of the Commission’s rules or are no longer in operation.14 We find no reason to deny their
withdrawal petitions and, accordingly, grant them. In granting these requests, we do not address the
merits of any of the substantive issues raised in these EAS Participants’ original requests for waiver.

IV.

Ordering Clauses

5.
Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.3 and 1.8 of the Commission's Rules, 47 C.F.R.
§§ 1.3, 1.8, the Withdrawal Petitions and Amended Withdrawal Petitions of Opus Broadcasting Systems,
Inc.; Valley Public Television, Inc.; Uno Radio Group; Windstream Lakedale, Inc.; Venite Adoremus,
Inc.; Pene Broadcasting Co., Inc.; Americus Communications, LLC; RLM Communications, Inc.; Port St.
Lucie Broadcasters, Inc.; West Central Minnesota Educational TV Corp.; Baja Broadband Operating
Company, LLC; ION Media Wassau License, Inc.; Blanchard Cable, Inc.; MetroCast Communications of
Mississippi, LLC; Caballero Acquisition, Inc.; and Rainbow Communications, Inc., ARE GRANTED;
and,
6.
IT IS FURTHER ORDERED that the Petitions for Waiver of section 47 CFR § 11.56
filed by Opus Broadcasting Systems, Inc.; Valley Public Television, Inc.; Uno Radio Group; Windstream
Lakedale, Inc.; Venite Adoremus, Inc.; Pene Broadcasting Co., Inc.; Americus Communications, LLC;
RLM Communications, Inc.; Port St. Lucie Broadcasters, Inc.; West Central Minnesota Educational TV
Corp.; Baja Broadband Operating Company, LLC; ION Media Wassau License, Inc.; Blanchard Cable,
Inc.; MetroCast Communications of Mississippi, LLC; Caballero Acquisition, Inc.; and Rainbow
Communications, Inc., ARE DISMISSED.
7.
This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
David Turetsky
Chief
Public Safety and Homeland Security Bureau

14 Id.
4

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.