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

In the Matter of                )
                                )
Americable International, Arizona, Inc. and   )   File No. EB-02-
TS-199
Americable International, Colorado, Inc.     )
                                )
Operator of Cable Systems in:   )
                                )
Golden Shores, Arizona          )    
Golden Valley, Arizona          )
Cordes Lakes, Arizona           )
Peterson AFB, Colorado          )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 9, 2002               Released:   October   10, 
2002

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

1.        In  this  Order,  we  grant  Americable  International, 
  Arizona,  Inc.  and Americable  International,  Colorado,  Inc. 
  (``Americable'')  a  temporary,  36-month  waiver  of   Section 
  11.11(a)  of  the  Commission's  Rules  (``Rules'')  for  their 
  respective 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.        Americable filed a  request for a  temporary, 36  month 
  waiver  of  Section  11.11(a)  for  the  four  captioned  cable 
  systems on  May 17, 2002.   In support of  its waiver  request, 
  Americable  states  that   these  cable  systems  serve   small 
  communities   and   have   few   subscribers.     Specifically, 
  Americable indicates that  the Golden Shores system serves  385 
  subscribers, the Golden  Valley system serves 453  subscribers, 
  the  Cordes  Lakes  system  serves  160  subscribers  and   the 
  Peterson  AFB system  serves 751  subscribers. Based  on  price 
  quotes from  EAS equipment manufacturers, Americable  estimates 
  that  it  would cost  approximately  $9178.70  to  install  EAS 
  equipment for each  of these systems.  Americable asserts  that 
  this cost  will impose a substantial  financial hardship on  it 
  and provides financial statements for 2000 and 2001 in  support 
  of  this assertion.   In  addition, Americable  indicates  that 
  subscribers will continue to have ready access to national  EAS 
  information  from  other  sources,  including  its  own   cable 
  systems.    In  this   regard,   Americable  notes   that   its 
  subscribers currently have  access to national EAS messages  on 
  nearly one-half  of the programmed  channels.  Americable  also 
  notes that the Peterson AFB system has a CADCO emergency  alert 
  override system  and a USAF  Command Channel which  is used  by 
  the  Peterson  AFB  Base  Commander  to  alert  the  air   base 
  community   of  emergency   situations.   Finally,   Americable 
  indicates that 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   Americable,  we   conclude   that 
  temporary, 36-month  waivers of Section  11.11(a) for the  four 
  systems  are  warranted.9  In  particular,  we  find  that  the 
  estimated  $9178.70 cost  of EAS  equipment for  each of  these 
  small  cable  systems could  impose  a  financial  hardship  on 
  Americable. 

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   Americable 
  International  Arizona,  Inc.  and  Americable   International, 
  Colorado, Inc. ARE GRANTED a waiver of Section 11.11(a) of  the 
  Rules until  October 1,  2005 for  their respective   captioned 
  cable television systems.

7.        IT IS  FURTHER ORDERED  that Americable  International, 
  Arizona,  Inc.  and Americable  International,  Colorado,  Inc. 
  place a copy of this waiver in its system files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for  Americable  International, Arizona,  Inc.  and  Americable 
  International, Colorado, Inc.,  Law Office of James E.  Meyers, 
  PC, 1633 Connecticut  Avenue, NW,    Suite 200, Washington,  DC  
  20009.

                         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 waivers 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.