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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Community Cablevision Co.       )
                                )    File No. EB-02-TS-438
Operator of Cable Systems in the State of:   )
                                )
Oklahoma                        )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  November 12, 2002             Released:  November   26, 
2002

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

1.        In this  Order,  we  grant  Community  Cablevision  Co. 
  (``Community  Cablevision'')   temporary  waivers  of   Section 
  11.11(a) of  the Commission's  Rules (``Rules'')  for 12  cable 
  television    systems    in    the    above-captioned    state.  
  Specifically, we  grant a 12-month  waiver of Section  11.11(a) 
  for  one cable  system  listed  in Attachment  A  and  36-month 
  waivers of Section 11.11(a) for eleven cable systems listed  in 
  Attachment A.  Section 11.11(a) requires cable systems  serving 
  fewer than 5,000  subscribers from a headend to either  provide 
  national  level Emergency  Alert System  (``EAS'') messages  on 
  all programmed channels or install EAS equipment and provide  a 
  video interrupt and audio alert on all programmed channels  and 
  EAS  audio  and  video messages  on  at  least  one  programmed 
  channel by October 1, 2002.1

2.        The Cable Act of 1992  added new Section 624(g) to  the 
  Communications  Act  of 1934  (``Act''),  which  requires  that 
  cable  systems be  capable of  providing  EAS alerts  to  their 
  subscribers.2  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.3  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.4  The Commission declined to exempt small  cable 
  systems  from the  EAS requirements,  concluding that  such  an 
  exemption would be  inconsistent with the statutory mandate  of 
  Section  624(g).5    However,  the   Commission  extended   the 
  deadline   for  cable   systems  serving   fewer  than   10,000 
  subscribers to  begin complying with the  EAS rules to  October 
  1, 2002,  and provided cable systems  serving fewer than  5,000 
  subscribers the option  of either providing national level  EAS 
  messages  on   all  programmed  channels   or  installing   EAS 
  equipment and  providing a video interrupt  and audio alert  on 
  all programmed channels and EAS audio and video messages on  at 
  least  one programmed  channel.6  In  addition, the  Commission 
  stated that  it would grant waivers of  the EAS rules to  small 
  cable  systems  on  a case-by-case  basis  upon  a  showing  of 
  financial  hardship.7   The Commission  indicated  that  waiver 
  requests must contain at least the following information:   (1) 
  justification for the waiver, with reference to the  particular 
  rule sections  for which  a waiver is  sought; (2)  information 
  about the financial status of the requesting entity, such as  a 
  balance sheet and  income statement for the two previous  years 
  (audited, if possible);  (3) the number of other entities  that 
  serve the  requesting entity's coverage area  and that have  or 
  are expected to  install EAS equipment; and (4) the  likelihood 
  (such  as proximity  or frequency)  of hazardous  risks to  the 
  requesting entity's audience.8

3.        On August  23,  2002,  Community  Cablevision  filed  a 
  request for  a temporary, 12-month  waiver of Section  11.11(a) 
  for  one  cable  system  and  temporary,  36-month  waivers  of 
  Section  11.11(a) for  eleven cable  systems  in the  State  of 
  Oklahoma.  In   support  of  its   waiver  request,   Community 
  Cablevision states  that these are  small, rural cable  systems 
  serving  between  96 and  1,392  subscribers.  Based  on  price 
  quotes  provided by  an EAS  equipment manufacturer,  Community 
  Cablevision  estimates   that  it   would  cost   approximately 
  $100,000 to install EAS equipment at these systems.   Community 
  Cablevision asserts  that this cost  will impose a  substantial 
  financial  hardship  on  it  and  provides  its  2001and   2002 
  financial  statement   in  support  of   this  assertion.    In 
  addition, Community  Cablevision submits  that its  subscribers 
  will continue to have ready access to national EAS  information 
  from  other sources,  including  its cable  systems.   In  this 
  regard,  Community  Cablevision  notes  that  its   subscribers 
  currently have access to  national EAS messages on at least  51 
  percent  of  all programmed  channels.   Community  Cablevision 
  also  asserts that  its subscribers  will  have access  to  EAS 
  information   through  over-the-air   reception  of   broadcast 
  television and radio stations. 

4.        Based upon our review of  the financial data and  other 
  information  submitted by  Community Cablevision,  we  conclude 
  that  a  temporary, 12-month  waiver  of  Section  11.11(a)  is 
  warranted  for the  largest cable  system in  Attachment A  and 
  temporary, 36-month waivers  of Section 11.11(a) are  warranted 
  for  the  smaller  11  cable  systems  in  Attachment  A.9   In 
  particular,  we  find  that  the  estimated  $100,000  cost  of 
  interconnection  and  EAS  equipment  for  these  small   cable 
  systems  could  impose   a  financial  hardship  on   Community 
  Cablevision.  

5.        We note that  the Commission recently  amended the  EAS 
  rules  to  permit  cable  systems  serving  fewer  than   5,000 
  subscribers  to   install  FCC-certified  decoder-only   units, 
  rather  than both  encoders  and  decoders, if  such  a  device 
  becomes  available.10    Based  on   comments  from   equipment 
  manufacturers, we  anticipate that such  a decoder-only  system 
  could  result  in  significant  cost  savings  to  small  cable 
  systems.11   

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,   0.204(b)  and   0.311   of  the   Rules,12   Community 
  Cablevision Co. IS GRANTED a waiver of Section 11.11(a) of  the 
  Rules until October 1, 2003 for one cable television system  in 
  Attachment A  and IS GRANTED a  waivers of Section 11.11(a)  of 
  the  Rules until  October  1,  2005 for  11  cable  televisions 
  systems in Attachment A.

7.        IT IS  FURTHER ORDERED  the Community  Cablevision  Co. 
  place a copy of these waivers in its system files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by Certified Mail Return Receipt Requested counsel  for 
  Community  Cablevision  Co.,  Christopher  C.  Cinnamon,  Esq., 
  Cinnamon  Muller,  307  North  Michigan  Avenue,  Suite   1020, 
  Chicago, Illinois 60601.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
Division
                         Enforcement Bureau


                          Attachment A



Cable Systems:                          Temporary Waiver Granted 
Until:


Collinsville, Oklahoma                       October 1, 2003
Avant, Oklahoma                         October 1, 2005
Barnesdall, Oklahoma                         October 1, 2005
Copan, Oklahoma                         October 1, 2005
Hominy, Oklahoma                        October 1, 2005
Kaw City, Oklahoma                      October 1, 2005
Ochelata, Oklahoma                      October 1, 2005
Oiton, Oklahoma                         October 1, 2005
Ramona, Oklahoma                        October 1, 2005
Shidler, Oklahoma                       October 1, 2005
Wynona, Oklahoma                        October 1, 2005
Yale, Oklahoma                     October 1, 2005

_________________________

  1 47 C.F.R. § 11.11(a).

  2 Cable Television  Consumer Protection and Competition Act  of 
1992, Pub. L. No. 102-385, § 16(b), 106 Stat. 1460, 1490  (1992).  
Section 624(g) provides that  ``each cable operator shall  comply 
with such standards as the  Commission shall prescribe to  ensure 
that viewers of video programming  on cable systems are  afforded 
the same emergency  information as is  afforded by the  emergency 
broadcasting system pursuant to Commission regulations ....''  47 
U.S.C. § 544(g).  

  3 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the Emergency  Broadcast System, Report  and Order  and 
Further Notice of Proposed Rule Making, FO Docket Nos. 91-171/91-
301, 10  FCC  Rcd  1786  (1994)  (``First  Report  and  Order''), 
reconsideration granted in part, denied in part, 10 FCC Rcd 11494 
(1995).

  4 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the  Emergency  Broadcast  System,  Second  Report  and 
Order, FO  Docket Nos.  91-171/91-301, 12  FCC Rcd  15503  (1997) 
(``Second Report and Order'').

  5 Id. at 15512-13.

  6 Id. at 15516-15518.

  7 Id. at 15513.

  8 Id. at 15513, n. 59.

  9 The 12-month waiver  will extend from October 1, 2002,  until 
October 1,  2003,  and  the 36-month  waivers  will  extend  from 
October 1,  2002, until  October  1, 2005.  We clarify  that  the 
waivers we  are  granting  also encompass  the  EAS  testing  and 
monitoring requirements.  

  10 Amendment  of Part  11 of the  Commission's Rules  Regarding 
the Emergency Alert System,  EB Docket 01-66, FCC  02-64 at ¶  71 
(released February 26, 2002).

  11 One manufacturer  estimated that an EAS decoder-only  system 
can reduce the cost by 64% over what a cable operator would spend 
for an encoder/decoder unit.  Id. at ¶ 70.

  12 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.