*Pages 1--6 from Microsoft Word - 26849.doc* Federal Communications Commission DA 03- 1088 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Mediacom Communications Corporation ) File No. EB- 02- TS- 617 ) Operator of Cable Systems in the States of: ) ) Alabama, Florida, Georgia, Illinois, Iowa, ) Kansas, Kentucky, Minnesota, Mississippi, ) Missouri and Wisconsin ) ) Request for Waiver of Section 11. 11( a) of the ) Commission’s Rules ) ORDER Adopted: April 16, 2003 Released: April 21, 2003 By the Chief, Technical and Public Safety Division, Enforcement Bureau: 1. In this Order, we grant Mediacom Communications Corporation (“ Mediacom”) temporary, 12- month waivers of Section 11.11( a) of the Commission’s Rules (“ Rules”) for 107 cable television systems in the 11 above- captioned states. 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 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). 1 Federal Communications Commission DA 03- 1088 2 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 3. Mediacom filed a request for temporary, 12- month waivers of Section 11.11( a) for 107 cable systems in the 11 captioned states on September 30, 2002. In support of its waiver request, Mediacom states that it has embarked on a capital expenditure to upgrade, interconnect and consolidate its cable systems. Mediacom further states the interconnection and consolidation of these 107 small, rural cable systems, which serve between 25 and 5,697 subscribers, will not be completed before October 1, 2002. Based on costs associated with providing EAS equipment for its other cable systems, Mediacom estimates that it would cost a total of approximately $826,000 to install EAS equipment at 107 cable systems. Mediacom asserts that its purchase of EAS equipment before the interconnection and consolidation of these systems are completed would result in economic waste. In addition, Mediacom submits that its subscribers will continue to have ready access to national EAS information from other sources, including its cable systems. Mediacom also asserts that its subscribers will have access to EAS information through over- the- air reception of broadcast television and radio stations. Finally, Mediacom believes that it can bring its cable systems into EAS compliance within the next six months. 4. Based upon our review of the information submitted by Mediacom, we conclude that temporary, 12- month waivers of Section 11.11( a) for the 107 cable systems are warranted. 7 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204( b) and 0.311 of the Rules, 8 Mediacom Communications Corporation IS GRANTED a waiver of Section 11.11( a) of the Rules until October 1, 2003 for 107 cable television systems in Attachment A. 6. IT IS FURTHER ORDERED that Mediacom Communications Corporation place a copy of this waiver in its system files. 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 The waivers will extend from October 1, 2002, until October 1, 2003. Additionally, we clarify that the waivers we are granting also encompass the EAS testing and monitoring requirements. 8 47 C. F. R. §§ 0.111, 0. 204( b) and 0.311. 2 Federal Communications Commission DA 03- 1088 3 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for Mediacom Communications Corporation, Stuart F. Feldstein, Esq., Fleischman and Walsh, L. L. P, 1400 Sixteenth Street, N. W., Washington, D. C. 20036. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Casey Chief, Technical and Public Safety Division Enforcement Bureau 3 Federal Communications Commission DA 03- 1088 4 Attachment A Mediacom Communications Corporation Cable Systems: Temporary Waiver Granted Until: Alabama Hale County, Alabama October 1, 2003 Linden, Alabama October 1, 2003 York, Alabama October 1, 2003 Florida Greensboro, Florida October 1, 2003 Gretna, Florida October 1, 2003 Havana, Florida October 1, 2003 Pensacola NAS, Florida October 1, 2003 Georgia Eastman (city of), Georgia October 1, 2003 Lumber City, Georgia October 1, 2003 Ray City, Georgia October 1, 2003 Seminole (unincorp.), Georgia October 1, 2003 Shellman (city of), Georgia October 1, 2003 Sparks (town of), Georgia October 1, 2003 Telfair (unincorp.), Georgia October 1, 2003 Tift (unincorp.), Georgia October 1, 2003 Vienna (city of), Georgia October 1, 2003 Willacoochee, Georgia October 1, 2003 Iowa Bedford (city of), Iowa October 1, 2003 Bloomfield (city of), Iowa October 1, 2003 Bonaparte, Iowa October 1, 2003 Clarinda (city of), Iowa October 1, 2003 Creston (city of), Iowa October 1, 2003 Corning (city of), Iowa October 1, 2003 Eddyville (city of), Iowa October 1, 2003 Fairbank, (Fayette County) Iowa October 1, 2003 Fredonia (city of), Iowa October 1, 2003 Garnavillo, Iowa October 1, 2003 Greenfield (city of), Iowa October 1, 2003 Knoxville (unincorp.), Iowa October 1, 2003 Leon, Iowa October 1, 2003 Lucas (unincorp.), Iowa October 1, 2003 Mills (portion) (unincorp.), Iowa October 1, 2003 Montezuma, Iowa October 1, 2003 4 Federal Communications Commission DA 03- 1088 5 Cable Systems: Temporary Waiver Granted Until: Mt Aye (city of), Iowa October 1, 2003 New Albin, Iowa October 1, 2003 New Sharon, Iowa October 1, 2003 Newton (city of), Iowa October 1, 2003 Osceola (city of), Iowa October 1, 2003 Pella (unincorp.), Iowa October 1, 2003 Perry (city of), Iowa October 1, 2003 Poweshiek (unincorp.), Iowa October 1, 2003 Prairie City (city of), Iowa October 1, 2003 Shenandoah (city of), Iowa October 1, 2003 Sully, Iowa October 1, 2003 Villisca (city of), Iowa October 1, 2003 Wellman, Iowa October 1, 2003 Winterset (city of), Iowa October 1, 2003 Wright (unincorp.), Iowa October 1, 2003 Illinois Arenzville, Illinois October 1, 2003 Burlington, Illinois October 1, 2003 Cantrall (unincorp. outside), Illinois October 1, 2003 Casey (city of), Illinois October 1, 2003 Clay City (village of), Illinois October 1, 2003 Coffeen, Illinois October 1, 2003 Crawford, Illinois October 1, 2003 Farina (village of), Illinois October 1, 2003 Garden Prairie, Illinois October 1, 2003 Gilberts, Illinois October 1, 2003 Greenview, Illinois October 1, 2003 Hampshire, Illinois October 1, 2003 Hanover (city of), Illinois October 1, 2003 Harrisburg (town of), Illinois October 1, 2003 Herrick, Illinois October 1, 2003 Irving, Illinois October 1, 2003 Kirkland, Illinois October 1, 2003 Lacon, Illinois October 1, 2003 Malta, Illinois October 1, 2003 Maple Park, Illinois October 1, 2003 Marshall (city of), Illinois October 1, 2003 McHenry, Illinois October 1, 2003 Neoga (city of), Illinois October 1, 2003 Oconee, Illinois October 1, 2003 Pulaski County, Illinois October 1, 2003 Ridott, Illinois October 1, 2003 Robinson, Illinois October 1, 2003 Shipman, Illinois October 1, 2003 5 Federal Communications Commission DA 03- 1088 6 Cable Systems: Temporary Waiver Granted Until: Smithton, Illinois October 1, 2003 Strasburg (village of), Illinois October 1, 2003 Stewardson (village of), Illinois October 1, 2003 Tilden, Illinois October 1, 2003 Toledo (village of), Illinois October 1, 2003 Tower Hill, Illinois October 1, 2003 Union County, Illinois October 1, 2003 Williamson (unincorp.), Illinois October 1, 2003 Wilsonville, Illinois October 1, 2003 Windsor (city of), Illinois October 1, 2003 Kansas Eureka, Kansas October 1, 2003 Hamilton, Kansas October 1, 2003 Madison, Kansas October 1, 2003 Mulberry, Kansas October 1, 2003 Kentucky Edmonson, (Rough River) Kentucky October 1, 2003 St. Paul, Kentucky October 1, 2003 Minnesota City of Brownsville, Minnesota October 1, 2003 New Hartford, Minnesota October 1, 2003 Silver Bay, Minnesota October 1, 2003 Two Harbors (unincorp. outside), Minnesota October 1, 2003 Missouri Archie, Missouri October 1, 2003 Sarcoxie, Missouri October 1, 2003 Mississippi George County, Mississippi October 1, 2003 Pearlington, Mississippi October 1, 2003 Wiggins (unincorp. outside), Mississippi October 1, 2003 Wisconsin City of Albany, Wisconsin October 1, 2003 Argyle, Wisconsin October 1, 2003 Blanchardville, Wisconsin October 1, 2003 Ferryville, Wisconsin October 1, 2003 Orfordville, Wisconsin October 1, 2003 Wheatland, Wisconsin October 1, 2003 6