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

In the Matter of                )
                                )
Eagle West , LLC                )    File No. EB-02-TS-422
                                )
Operator of Cable Systems in the States of:  )
                                )
Arizona, New Mexico, Nevada     )
                                )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 10, 2002              Released:   October   16, 
2002

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

1.         In  this  Order, we  grant  Eagle West,  LLC  (``Eagle 
  West'') temporary, 36-month waivers of Section 11.11(a) of  the 
  Commission's Rules (``Rules'') for 33 cable television  systems 
  in the three 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.        Eagle West filed  a request for  a permanent waiver  of 
  Section 11.11(a) for  33 cable television systems in the  three 
  captioned states  on August 14, 2002.   Eagle West states  that 
  these cable  systems serve  between 23  and 2,738  subscribers.   
  Eagle West asserts that  the cost of EAS equipment will  impose 
  a  substantial  financial  hardship  on  it  and  provides  its 
  financial  statements for  1999 and  2000  in support  of  this 
  assertion.    In  addition,   Eagle  West   submits  that   its 
  subscribers will continue to have ready access to national  EAS 
  information from  other sources, including  its cable  systems.   
  Eagle West 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  Eagle  West,   we  conclude   that 
  temporary,  36-month waivers  of Section  11.11(a) for  the  33 
  cable systems in Attachment A are 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 Eagle West, LLC.  IS 
  GRANTED  a  waiver  of Section  11.11(a)  of  the  Rules  until 
  October  1,  2005 for  thirty-three  cable  television  systems 
  listed in Attachment A.

7.        IT IS FURTHER  ORDERED that  Eagle West,  LLC. 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 Al  H. 
  Williams, Consultant,  Eagle West,  LLC 9333  East Main  Street 
  Suite 122 Mesa, Arizona 85207..

                         FEDERAL COMMUNICATIONS COMMISSION
                         


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


     Eagle West, LLC


     Cable Systems:                     Waivers:  

     Arizonia
     Alpine, Arizona                         Granted Until 
October 1, 2005
     Bagdad, Arizona                    Granted Until October 1, 
2005
     Black Canyon City, Arizona              Granted Until 
October 1, 2005
     Casa Grande, Arizona                    Granted Until 
October 1, 2005
     Christopher Creek, Arizona              Granted Until 
October 1, 2005
     Concho Valley, Arizona                  Granted Until 
October 1, 2005
     Eagar/Springerville, Arizona            Granted Until 
October 1, 2005
     Florence, Arizona                  Granted Until October 1, 
2005
     St. Johns, Arizona                 Granted Until October 1, 
2005
     Thompson Draw, Arizona             Granted Until October 1, 
2005
     Williams, Arizona                  Granted Until October 1, 
2005
     Yarnell, Arizona                   Granted Until October 1, 
2005
     Arizona City, Arizona                   Granted Until 
October 1, 2005
     Cave Creek, Arizona                Granted Until October 1, 
2005
     Hayden, Arizona                    Granted Until October 1, 
2005
     Winkelman, Arizona                 Granted Until October 1, 
2005
     Dudleyville, Arizona                    Granted Until 
October 1, 2005
     Indian Hills, Arizona                   Granted Until 
October 1, 2005
     Heber, Arizona                     Granted Until October 1, 
2005
     Overgaard, Arizona                 Granted Until October 1, 
2005
     Kearny, Arizona                    Granted Until October 1, 
2005
     Mammoth, Arizona                   Granted Until October 1, 
2005
     Oracle, Arizona                         Granted Until 
October 1, 2005
     Peach Springs, Arizona                  Granted Until 
October 1, 2005
     San Manuel, Arizona                Granted Until October 1, 
2005
     Superior, Arizona                  Granted Until October 1, 
2005

     Nevada

     Beatty, Nevada                     Granted Until October 1, 
2005
     Boulder City, Nevada                    Granted Until 
October 1, 2005
     Calville Bay, Nevada                    Granted Until 
October 1, 2005
     Goldfield, Nevada                  Granted Until October 1, 
2005
     Tonopah, Nevada                    Granted Until October 1, 
2005

     New Mexico
     Reserve, New Mexico                Granted Until 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  waiver will extend from  October 1, 2002, until  October 
1, 2005.   Additionally,  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.