*Pages 1--3 from Microsoft Word - 39776* Federal Communications Commission DA- 04- 1768 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of LB Cable Georgia LLC Operator of Cable Systems in the State of Georgia Request for Waiver of Section 11.11( a) of the Commission’s Rules ) ) ) ) ) ) ) ) ) File No.: EB- 04- HS- 019 ORDER Adopted: June 28, 2004 Released: June 30, 2004 By the: Director, Office of Homeland Security, Enforcement Bureau 1. In this Order, we grant LB Cable Georgia LLC (LB Cable Georgia) temporary waivers of section 11.11( a) of the Federal Communications Commission’s (Commission) rules (Rules) 1 for 35 cable television systems listed in Attachment A. Section 11.11( a) of the Rules 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. 2 2. The Cable Act of 1992 added new section 624( g) to the Communications Act of 1934, as amended 3 and required that cable systems be capable of providing EAS alerts to their subscribers. 4 In 1994, the Commission adopted rules requiring cable systems to participate in EAS. 5 In 1997, the Commission amended the EAS rules to provide financial relief for small cable systems. 6 The Commission declined to exempt small cable systems from the EAS requirements entirely, however, 1 47 C. F. R. § 11.11( a). 2 Id. 3 The Communications Act of 1934 was amended by the Telecommunications Act of 1996. Pub. L. No. 104- 104, 110 Stat. 56 (1996) (1996 Act). 4 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). 5 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, 10 FCC Rcd 1786 (1994), reconsideration granted in part, denied in part, 10 FCC Rcd 11494 (1995). 6 Amendment of Part 73, Subpart G, of the Commission’s Rules Regarding the Emergency Broadcast System, Second Report and Order, 12 FCC Rcd 15503 (1997). 1 Federal Communications Commission DA- 04- 1768 2 concluding that such an exemption would be inconsistent with the statutory mandate of section 624( g). 7 The amended rules 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. 8 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. 9 3. On March 2, 2004, LB Cable Georgia filed a request for temporary waivers of the EAS requirements for the recently acquired small cable systems in rural Georgia, asserting that the cost of immediate installation of EAS equipment in the 35 systems would cause financial hardship. LB Cable Georgia states that it acquired the 35 cable systems in a bankruptcy sale in February 2004, and therefore, has not had enough time to generated sufficient revenue to purchase and install EAS equipment at this time. Based on price quotes from EAS equipment manufacturers, LB Cable Georgia estimates that it would cost approximately $350,000 to purchase and install the EAS at the 35 headends. LB Cable Georgia asserts that, without the requested waivers, it may have to delay or cancel its plans to upgrade and interconnect the 35 headends which would delay or eliminate the delivery of broadband services to over 6,200 rural subscribers. Finally, LB Cable Georgia contends that subscribers will continue to have ready access to national EAS information from other sources, including its cable system and over- the- air reception of broadcast television and radio stations. 4. Based on our review of the information submitted by LB Cable Georgia, we conclude that temporary waivers of section 11.11( a) of the Rules for the 35 cable systems listed in Attachment A, is warranted. In particular, we find that the estimated cost of $350,000 to purchase and install EAS equipment at these recently acquired cable television systems could impose a financial hardship on LB Cable Georgia. 5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 0204( b) and 0.311 of the rules, 10 LB Cable Georgia LLC’s request for temporary waivers of section 11.11( a) of the rules is GRANTED until October 1, 2005, for its 35 cable television systems listed in Attachment A. 11 6. IT IS FURTHER ORDERED that LB Cable Georgia LLC place a copy of this waiver in its system files. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to counsel for LB Cable Georgia LLC, Christopher C. Cinnamon, Esq., Cinnamon Muller, 307 North Michigan Avenue, Suite 1020, Chicago, Illinois 60601. FEDERAL COMMUNICATIONS COMMISSION James A. Dailey 7 Id. at 15512- 13. 8 Id. at 15516- 15518. 9 Id. at 15513. 10 47 C. F. R. §§ 0.111, 0. 204( b) and 0.311. 11 We clarify that these waivers also encompass the EAS testing and monitoring requirements. 2 Federal Communications Commission DA- 04- 1768 3 Director, Office of Homeland Security Enforcement Bureau ATTACHMENT A Cable Systems in Georgia Temporary Waiver Granted Until Arabi October 1, 2005 Attapulgus October 1, 2005 Berlin October 1, 2005 Chauncey October 1, 2005 Chester October 1, 2005 Climax October 1, 2005 Collins October 1, 2005 Colquitt October 1, 2005 E. Baldwin Co. October 1, 2005 Flint River October 1, 2005 Gibson October 1, 2005 Gordon October 1, 2005 Hoboken October 1, 2005 Iron City October 1, 2005 Irwinton October 1, 2005 Jeffersonville October 1, 2005 Jones Co. October 1, 2005 Midville October 1, 2005 Milan October 1, 2005 N. Baldwin October 1, 2005 Newton City October 1, 2005 Oak Park October 1, 2005 Pineview October 1, 2005 Pitts October 1, 2005 Portal October 1, 2005 Rebecca October 1, 2005 Recovery October 1, 2005 Rhine October 1, 2005 Sardis October 1, 2005 Seminole October 1, 2005 Stapleton October 1, 2005 Stillmore October 1, 2005 Surrency October 1, 2005 Toomsboro October 1, 2005 Uvalda October 1, 2005 Warwick October 1, 2005 Whigham October 1, 2005 Wiley Acres October 1, 2005 3