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

In the Matter of                )
                                )
High Plains Cablevision I, Ltd. )    File No. EB-02-TS-192
                                )
Operator of Cable Systems in the States of:  )
                                )    
Idaho, Oklahoma, Texas and Washington)
                                )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  September 27, 2002            Released:    October   4, 
2002  

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


1.        In this Order, we grant High Plains Cablevision I, Ltd. 
  (``High  Plains'')  temporary,  36-month  waivers  of   Section 
  11.11(a) of  the Commission's  Rules (``Rules'')  for 23  cable 
  televisions systems listed in Attachment A for the four  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  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.        On May  10,  2002,  High Plains  filed  a  request  for 
  temporary, 36-month  waivers of Section  11.11(a) for 23  small 
  rural cable television  systems listed in Attachment A for  the 
  four captioned states.  In support of its waiver request,  High 
  Plains states  that the 23  systems each serve  between 29  and 
  279  subscribers.   Based  on  price  quotes  provided  by  EAS 
  equipment manufacturers,  High Plains estimates  that it  would 
  cost  approximately  $193,200  or  $246,100,  respectively,  to 
  install decoder-only  or encoder/decoder EAS  equipment at  the 
  23  cable television  systems.  High  Plains asserts  that  the 
  cost of installing  EAS equipment at these systems will  impose 
  a substantial financial  hardship on it and provides  financial 
  statements  for  1999,  2000  and  2001  in  support  of   this 
  assertion.   In   addition,  High  Plains   submits  that   its 
  subscribers will continue to have ready access to national  EAS 
  information from  other sources, including  its cable  systems. 
  High Plains also asserts that its subscribers will have  access 
  to EAS information through over-the-air reception of  broadcast 
  television and radio stations and other sources.  

4.        Based upon our review of  the financial data and  other 
  information  submitted  by   High  Plains,  we  conclude   that 
  temporary,  36-month waivers  of Section  11.11(a) for  the  23 
  systems listed in Attachment A are warranted.9  In  particular, 
  we find that the  $193,200 and $246,100 estimated costs of  EAS 
  equipment for these small cable systems could impose  financial 
  hardship on High Plains.  

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b)  and   0.311  of  the  Rules,10  High   Plains 
  Cablevision I, Ltd.  IS GRANTED waivers of Section 11.11(a)  of 
  the Rules  until October 1,  2005 for the  23 cable  television 
  systems listed in Attachment A. 

6.        IT IS FURTHER ORDERED  that High Plains Cablevision  I, 
  Ltd. place a copy of these waivers 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 High  Plains Cablevision I, Ltd.,  Mark J. Palchick,  Esq., 
  Holland &  Knight LLP,  2099 Pennsylvania  Avenue, N.W.,  Suite 
  100, Washington, D.C. 20006-6801.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


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

                             Attachment A




     High Plains Cablevision I, Ltd.

     Cable Systems:                     Temporary Waiver Granted 
Until:

     Idaho
     Plummer, Idaho                     October 1, 2005
     Worley, Idaho                      October 1, 2005
     
     Okahoma
     Texhoma, Oklahoma                  October 1, 2005
     
     Texas
     Adrian, Texas                      October 1, 2005
     Cactus, Texas                      October 1, 2005
     Channing, Texas                    October 1, 2005
     Etter, Texas                       October 1, 2005
     Hartley, Texas                     October 1, 2005
     Miami, Texas                       October 1, 2005
     Nazareth, Texas                         October 1, 2005
     San Jon, Texas                     October 1, 2005
     Texhoma, Texas                October 1, 2005
     Turkey, Texas                      October 1, 2005
     
     Washington
     Fairfield, Washington                   October 1, 2005
     Garfield, Washington                    October 1, 2005
     Harrington, Washington                  October 1, 2005
     Oakesdale, Washington                   October 1, 2005
     Reardon, Washington                October 1, 2005
     Rockford, Washington                    October 1, 2005
     Rosalia, Washington                October 1, 2005
     Spangle, Washington                October 1, 2005
     Sprague, Washington                October 1, 2005
     Springdale, Washington                  October 1, 2005     
                                                       
     
_________________________

  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 waivers  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 47 C.F.R.  0.111, 0.204(b) and 0.311.