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

In the Matter of                )
                                )
Northland Cable Properties Seven Limited     )    File No. EB-02-
TS-469
Partnership                     )
                                )
Operator of Cable Systems in:   )
                                )
Matagorda, Texas                )
Clallam Bay/Slip Point, Washington   )
Conway, Washington              )    
                                )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 21, 2002              Released:   October   25, 
2002

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

1.        In this  Order,  we grant  Northland  Cable  Properties 
  Seven Limited  Partnership (``Northland'') temporary,  36-month 
  waivers  of   Section  11.11(a)  of   the  Commission's   Rules 
  (``Rules'')  for  the three  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.        Northland filed a request for a permanent or  five-year 
  waiver  of  Section 11.11(a)  for  the  three  captioned  cable 
  systems on August 27, 2002.  In support of its waiver  request, 
  Northland  states that  the three  small, rural  cable  systems 
  serve between 118 and 364 subscribers.   Based on price  quotes 
  provided by EAS equipment vendors, Northland estimates that  it 
  would cost  approximately $21,000 to  purchase and install  EAS 
  equipment at these  systems.  Northland asserts that this  cost 
  will  impose  a  substantial  financial  hardship  on  it   and 
  provides its  financial statement for 2001  in support of  this 
  assertion.    In   addition,   Northland   submits   that   its 
  subscribers will continue to have ready access to national  EAS 
  information from  other sources, including  its cable  systems.  
  In this regard, Northland notes that its subscribers  currently 
  have  access to  national EAS  messages on  approximately  one-
  third of all programmed channels.  Northland 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 Northland, we  find that a  permanent 
  or a  five-year waiver  of Section 11.11(a)  is not  warranted.  
  However,  we conclude  that  a temporary,  36-month  waiver  of 
  Section 11.11(a) for each of the three captioned cable  systems 
  is  warranted.9   In  particular, we  find that  the  estimated 
  $21,000  cost of  EAS equipment  for  this small  cable  system 
  could impose a financial hardship on Northland.

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  Northland  Cable 
  Properties Seven  Limited Partnership  IS GRANTED  a waiver  of 
  Section 11.11(a)  of the Rules until  October 1, 2005  for  the 
  three captioned cable television systems.

7.        IT IS FURTHER ORDERED  that Northland Cable  Properties 
  Seven Limited  Partnership 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  Northland  Cable  Properties  Seven  Limited  Partnership,             
  K. E.  Love, Esq., Northland  Communications Corp., 1201  Third 
  Street, Suite 3600, Seattle, Washington 98101.

                         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  36 months  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.