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

In the Matter of                )
                                )
Glenwood Telecommunications     )    File No. EB-02-TS-061
                                )
Operator of Cable Systems in:   )
                                )    
Blue Hill, Nebraska             )
Guide Rock, Nebraska           ) 
Lochland, Nebraska              )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  July 25, 2002                 Released:  July 30, 2002

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

1.        In this  Order,  we grant  Glenwood  Telecommunications 
  (``Glenwood'')  a   temporary,  36-month   waiver  of   Section 
  11.11(a) of the  Commission's Rules (``Rules'') for the  above-
  captioned cable television systems.  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.        Glenwood filed  a request  for  a permanent  waiver  of 
  Section  11.11(a) for  the  three captioned  cable  systems  on 
  September 4, 2001.  In support of its waiver request,  Glenwood 
  states  that each  of the  three  systems serves  small,  rural 
  communities and  has few  subscribers.  Specifically,  Glenwood 
  indicates that  the Guide  Rock system  serves 45  subscribers, 
  the Lochland system  serves 110 subscribers, and the Blue  Hill 
  system serves 900 subscribers.  Glenwood asserts that the  cost 
  of installing EAS equipment at the three systems will impose  a 
  substantial  financial hardship  on it  and provides  financial 
  statements for 2000 and 2001 in support of this assertion.   In 
  addition, Glenwood submits  that its subscribers will  continue 
  to have  ready access  to national EAS  information from  other 
  sources,  including  its   cable  systems.   In  this   regard, 
  Glenwood notes  that its subscribers  currently have access  to 
  national EAS  messages on  nearly one third  of all  programmed 
  channels.  Finally, Glenwood 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   Glenwood,  we  decline  to   grant 
  Glenwood a permanent  waiver of Section 11.11(a) for the  three 
  captioned  systems.  However,  we find  that  the cost  of  EAS 
  equipment  for  these  small  cable  systems  could  impose   a 
  financial hardship on Glenwood.  Therefore, we conclude that  a 
  temporary, 36-month waiver  for the three captioned systems  is 
  warranted.9  

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   Glenwood 
  Telecommunications IS GRANTED  a waiver of Section 11.11(a)  of 
  the Rules until October  1, 2005 for the three captioned  cable 
  systems.

7.        IT IS FURTHER ORDERED that Glenwood  Telecommunications 
  place a copy of this waiver in each of its system files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by Certified Mail Return Receipt Requested to  Glenwood 
  Telecommunications,  Attention:  Troy  Stickels,  Post   Office     
  Box 97, 510 West Gage, Blue Hill, Nebraska 68930.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


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

  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 waiver for  the three systems will extend 36 months  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.