Federal Communications Commission DA 09-1311
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
The Electric and Water Plant Board of the City of 
Frankfort, Kentucky’s
Request for Waiver of Section 76.1204(a)(1)
of the Commission’s Rules 
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CSR-8120-Z
MEMORANDUM OPINION AND ORDER
Adopted:  June 10, 2009 Released:  June 10, 2009
By the Acting Chief, Media Bureau:
1. This order dismisses the Request for Waiver submitted by the Electric and Water Plant Board 
of the City of Frankfort, Kentucky (“Frankfort Plant Board”) requesting waiver of Section 76.1204(a)(1) 
of the Commission’s rules,1 which prohibits placing into service new set-top boxes with integrated 
security. The Frankfort Plant Board sought this waiver to allow it to deploy the Evolution Broadband 
DMS 1002-CA.2
2. On June 1, 2009, the Commission released an order granting waiver of Section 76.1204(a)(1) 
with respect to Evolution Broadband’s DMS 1002 and DMS 1002-CA.3 The Commission stated that “the 
Evolution box can be deployed on any system without need for a further waiver of Section 
76.1204(a)(1).”4 Therefore, the Frankfort Plant Board may deploy the Evolution Broadband DMS 1002 
and DMS 1002-CA without further waiver and its request is now moot.
3. Accordingly, IT IS ORDERED that the Request for Waiver of Section 47 C.F.R. 
§76.1204(a)(1) of the Commission’s rules filed by the Electric and Water Plant Board of the City of 
Frankfort, Kentucky IS DISMISSED AS MOOT.     
FEDERAL COMMUNICATIONS COMMISSION
Robert H. Ratcliffe
Acting Chief, Media Bureau
  
1 47 C.F.R. § 76.1204(a)(1). 
2 See Waiver Request at 1.
3 Evolution Broadband, LLC’s Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules 
Implementation of Section 304 of the Telecommunications Act of 1996 Commercial Availability of Navigation 
Devices, FCC 09-46 (June 1, 2009).
4 Id. at ¶ 15.