Federal Communications Commission                           DA 12-977
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
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
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           EB Docket No. 04-296
ORDER 
Adopted: June 21, 2012 Released: June 21, 2012
By the Chief, Public Safety and Homeland Security Bureau:  
1. The American Cable Association (ACA) has filed with the Federal Communications 
Commission (Commission) a “Withdrawal of Petition for Reconsideration”
1
seeking to withdraw ACA’s 
April 20, 2012 Petition for Reconsideration
2
of the Commission’s Emergency Alert System (EAS) Fifth 
Report and Order.
3
  For the reasons set out in this Order, the Public Safety and Homeland Security 
Bureau (the Bureau), on delegated authority, grants the ACA Withdrawal Petition, dismisses the ACA 
Reconsideration Petition, and cancels the comment cycle for ACA’s reconsideration petition.
2. The Commission’s EAS Fifth Report and Order mandated, among other requirements, 
that cable TV service providers and other entities participating in the EAS (EAS Participants) be able to 
receive Common Alerting Protocol (CAP) formatted EAS alerts delivered by the Federal Emergency 
Management Agency (FEMA) no later than June 30, 2012.
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The Commission observed that the primary 
method of distributing CAP messages will be via a broadband Internet connection and stated that 
demonstrated lack of broadband Internet access offers a presumption in favor of a waiver of the June 30, 
2012 deadline.
5
  In its April 20 reconsideration petition, ACA proposed that the Commission establish a 
streamlined waiver process for cable systems that serve less than 501 subscribers, subject to a showing of 
                                                     
1
American Cable Association Withdrawal of Petition for Reconsideration, EB Docket No. 04-296 (filed June 11, 
2012) (ACA Withdrawal Petition).
2
American Cable Association Petition for Reconsideration, EB Docket No. 04-296 (filed April 20, 2012) (ACA
Reconsideration Petition).
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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 (2012) (EAS Fifth Report and Order).
4
Fifth Report and Order, 27 FCC Rcd at 643, 644-45 ¶¶ 1, 4 (2012).
5
Id., at 696 ¶ 152.
                                               Federal Communications Commission                                     DA 12-977
compliance with specified conditions, and that waivers obtained through this process last at least one 
year.
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3. On May 25, 2012, the Commission released a Public Notice establishing a pleading cycle 
in response to ACA’s petition, with oppositions due on June 25 and replies on July 3, 2012.
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  In addition, 
the Commission invited comment on a number of specific questions related to the petition.
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  The Federal 
Register published the Public Notice on June 8, 2012.
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4. In its June 11, 2012 withdrawal petition, ACA states that because “the comment cycle for 
the Petition for Reconsideration will extend beyond the June 30, 2012 EAS CAP compliance deadline … 
the Petition for Reconsideration cannot now result in meaningful relief for ACA member companies and, 
from ACA’s perspective, it is therefore moot.”
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  We find no reason to deny ACA’s request to withdraw 
its reconsideration petition.
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 1.8 and 1.429 of the Commission's Rules, 47 
C.F.R. §§ 1.8, 1.429, the “Withdrawal of Petition for Reconsideration” filed by the American Cable 
Association IS GRANTED, the petition for reconsideration filed by the American Cable Association IS 
DISMISSED, the comment cycle for the American Cable Association’s petition for reconsideration IS 
CANCELED.
6. 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
                                                     
6
ACA Petition at 1.
7
Federal Communications Commission Receives Petition Filed by American Cable Association for Partial 
Reconsideration of the Commission’s Emergency Alert System Fifth Report and Order; Announces Schedule for 
Pleading Cycle, EB Docket No. 04-296, Public Notice, DA 12-834 (PSHSB rel. May 25, 2012) (Public Notice).
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Id.
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77 Fed. Reg. 33995 (June 8, 2012).
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ACA Withdrawal Petition at 2.