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

In the Matter of                )
                                )
James Cable Partners, L.P.      )    File No. EB-02-TS-239
                                )
Operator of Cable Systems in the States of:  )
                                )
Alabama, Colorado, Florida, Georgia, Louisiana,   )
Oklahoma, Texas, Wyoming        )
                                )
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 James  Cable Partners,  L.P. 
  (``James  Cable'')  temporary,  12-month  waivers  of   Section 
  11.11(a) of the  Commission's Rules (``Rules'') for five  cable 
  television systems and  temporary, 36-month waivers of  Section 
  11.11(a) of  the Rules for 33  cable television systems in  the 
  eight above-captioned states  as listed in Attachment A.   Also 
  in this Order, we deny James Cable waivers of Section  11.11(a) 
  of the Rules for  seven cable television systems in six of  the 
  above-captioned  states as  listed  in Attachment  A.   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 June  3, 2002,  James Cable  filed a  request for  a 
  permanent waiver  or a  five-year temporary  waiver of  Section 
  11.11(a)  for  45  small, rural  cable  systems  in  the  eight 
  captioned states.  James Cable states that these cable  systems 
  serve less than 5,000 subscribers.  In particular, James  Cable 
  indicates  that 33  cable  systems  serve between  10  and  791 
  subscribers, five cable  systems serve between 1,165 and  1,656 
  subscribers, and  seven cable systems  serve between 2,776  and 
  4,939  subscribers.  Based  on  price quotes  provided  by  EAS 
  equipment manufacturers,  James Cable estimates  that it  would 
  cost approximately $8,000  to install EAS equipment at each  of 
  these  systems for  a  total  cost of  $350,000.   James  Cable 
  asserts  that this  cost will  impose a  substantial  financial 
  hardship on it  and provides its financial statements for  2000 
  and  2001 in  support of  this assertion.   In addition,  James 
  Cable submits that its subscribers will continue to have  ready 
  access  to  national   EAS  information  from  other   sources, 
  including  its cable  systems.   In this  regard,  James  Cable 
  notes that  its subscribers currently  have access to  national 
  EAS  messages  on  a  substantial  number  of  all   programmed 
  channels.  James Cable  also asserts that its 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  James  Cable, we  decline  to  grant 
  James   Cable  a   permanent   waiver  of   Section   11.11(a). 
  Additionally,  we conclude  that temporary  waivers of  Section 
  11.11(a)  for James  Cable's  seven largest  cable  systems  in 
  Almond,  Alabama;  Stalvey,  Florida;  Hawkinsville,   Georgia; 
  Durant,  Oklahoma;   Decatur,  Texas;  Jacksboro,  Texas;   and 
  Torrington, Wyoming are not warranted. 

5.        However, the estimated $8,000  headend cost to  install 
  EAS equipment at the 38 remaining cable systems could impose  a 
  financial  hardship on  James  Cable.  Therefore,  we  conclude 
  that temporary, 12-month  waivers of Section 11.11(a) for  five 
  of the  cable systems in Attachment  A and temporary,  36-month 
  waivers of  Section 11.11(a)  for 33  of the  cable systems  in 
  Attachment A are warranted 9

6.        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  

7.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b)  and   0.311  of  the  Rules,12  James   Cable 
  Partners, L.P. IS GRANTED  a waiver of Section 11.11(a) of  the 
  Rules until October  1, 2003 for five cable television  systems 
  listed  in Attachment  A and  IS GRANTED  a waiver  of  Section 
  11.11(a)  of the  Rules  until October  1,  2005 for  33  cable 
  television systems listed in       Attachment A.

8.        IT IS FURTHER ORDERED  that James Cable Partners,  L.P. 
  place a copy of this waiver in its system files.

9.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for James Cable  Partners, L.P., James F. Ireland, Esq.,  Cole, 
  Raywid & Braverman, LLP, 1919 Pennsylvania Avenue, N.W.,  Suite 
  200, Washington, D.C.  20006.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


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


     James Cable Partners, L.P.


     Cable Systems:                     Waivers:  

     Alabama
     Almond, Alabama                    No Waiver Granted.
     Cleburne Co., Alabama                   Granted Until 
October 1, 2005
     Guin, Alabama                      Granted Until October 1, 
2005
     Hackleburg, Alabama                Granted Until October 1, 
2005
     Phil Campbell, Alabama             Granted Until October 1, 
2005
     Sulligent, Alabama                 Granted Until October 1, 
2005
     Vernon, Alabama                    Granted Until October 1, 
2005

     Colorado
     Akron, Colorado                    Granted Until October 1, 
2005
     Otis, Colorado                     Granted Until October 1, 
     2005 
     Yuma, Colorado                Granted Until October 1, 2005

     Florida
     Hawthorne, Florida                 Granted Until October 1, 
2005
     Orange Lake, Florida                    Granted Until 
October 1, 2005
     Stalvey, Florida                        No Waiver Granted
     Steinhatchee, Florida                   Granted Until 
October 1, 2005

     Georgia
     Crawford., Georgia                 Granted Until October 1, 
2005
     Crawfordville, Georgia                  Granted Until 
October 1, 2005
     Hawkinsville, Georgia                   No Waiver Granted
     Pinehurst, Georgia                 Granted Until October 1, 
2005
     Unadilla., Georgia                 Granted Until October 1, 
2005

     Louisiana
     Lake Arthur, Louisiana                  Granted Until 
October 1, 2003
     Oberlin, Louisiana                 Granted Until October 1, 
2003

     Oklahoma
     Achille, Oklahoma                  Granted Until October 1, 
2005
     Atoka, Oklahoma                    Granted Until October 1, 
2003
     Caddo, Oklahoma                    Granted Until October 1, 
2003
     Durant, Oklahoma                   No Waiver Granted
     Kingston, Oklahoma                 Granted Until October 1, 
2005
     Stringtown, Oklahoma                    Granted Until 
October 1, 2005
     Tishomingo, Oklahoma                    Granted Until 
October 1, 2005
     Wampanucka, Oklahoma               Granted Until October 1, 
2005



     Cable Systems:                     Waivers:  

     Texas
     Decatur, Texas                     No Waiver Granted
     Newton, Texas                      Granted Until October 1, 
2005
     Huntington, Texas                  Granted Until October 1, 
2005
     Jacksboro, Texas                   No Waiver Granted
     Kirbyville, Texas                  Granted Until October 1, 
2005
     Springtown, Texas                  Granted Until October 1, 
2005
     Sand Point, Texas                  Granted Until October 1, 
2005

     Wyoming
     Elk Mountain, Wyoming              Granted Until October 1, 
2005
     Encampment, Wyoming                Granted Until October 1, 
2005
     Glendo, Wyoming                    Granted Until October 1, 
2005
     Glenrock, Wyoming                  Granted Until October 1, 
2005
     Hanna, Wyoming                Granted Until October 1, 2005
     Lusk, Wyoming                      Granted Until October 1, 
2005
     Saratoga, Wyoming                  Granted Until October 1, 
2005
     Torrington, Wyoming                No Waiver Granted
     Wheatland, Wyoming                 Granted Until October 1, 
2003

_________________________

  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 12-month waiver  will extend from October 1, 2002,  until 
October 1, 2003, and the 36-month waiver will extend 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.