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

In the Matter of                )
                                )
DuBois Communications, Inc., d/b/a   )
DuCom Cable TV                  )    File No. EB-02-TS-500
                                )
Operator of Cable Systems in:   )
                                )    
Hazen, Pennsylvania             )
Kirby, Pennsylvania             )
New Freeport, Pennsylvania      )
Nineveh, Pennsylvania           )
Rogersville, Pennsylvania       )
Sabula, Pennsylvania            )
Spartansburg, Pennsylvania      )
Sycamore, Pennsylvania          )
Waynesburg College, Pennsylvania)
Weedville, Pennsylvania         )
Wind Ridge, Pennsylvania        )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 21, 2002              Released:   October   24, 
2002

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

1.        In this  Order, we  grant DuBois  Communications,  Inc. 
  d/b/a DuCom Cable  TV. (``DuCom Cable'') a temporary,  36-month 
  waiver   of  Section   11.11(a)  of   the  Commission's   Rules 
  (``Rules'')  for   the  11  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.        DuCom Cable filed  a request  for a  waiver of  Section 
  11.11(a) for  the 11  above captioned cable  systems on  August 
  29,  2002.  In  support  of  its waiver  request,  DuCom  Cable 
  states  these  are  small,  rural  cable  systems  which  serve 
  between 8 and 614 subscribers.  Based on price quotes  provided 
  by EAS equipment  vendors, DuCom Cable estimates that it  would 
  cost approximately  $85,000 to install  EAS equipment at  these 
  systems.   DuCom Cable  asserts that  this cost  will impose  a 
  substantial  financial hardship  on it  and provides  financial 
  statements for 1999 and 2000 in support of this assertion.   In 
  addition, DuCom Cable indicates that subscribers will  continue 
  to have  ready access  to national EAS  information from  other 
  sources, including  its cable  system.  In  this regard,  DuCom 
  Cable  notes that  its  subscribers currently  have  access  to 
  national  EAS  messages  on  between  47%  and  68%  of   their 
  programming  channels.   DuCom  Cable  further  indicates  that 
  subscribers will have  access to EAS information through  over-
  the-air reception of broadcast television and other sources.  

4.        Based upon our review of  the financial data and  other 
  information  submitted  by DuCom  Cable,  we  conclude  that  a 
  temporary,  36-month waiver  of  Section 11.11(a)  for  the  11 
  above captioned  cable systems is  warranted.9  In  particular, 
  we find  that the estimated $85,000  cost of EAS equipment  for 
  the small  cable systems could impose  a financial hardship  on 
  DuCom Cable. 

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    DuBois 
  Communications, Inc. d/b/a  DuCom Cable TV IS GRANTED a  waiver 
  of Section 11.11(a) of the Rules until October 1, 2005 for  the 
  seven captioned cable television systems.

7.        IT IS FURTHER ORDERED that DuBois Communications, Inc., 
  d/b/a  DuCom Cable   TV, 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  DuBois 
  Communications,  Inc., d/b/a  DuCom  Cable TV,  Christopher  C. 
  Cinnamon, Esq.,  Cinnamon Mueller, 307  North Michigan  Avenue, 
  Suite 1020, Chicago, Illinois 60601.

                         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  waiver 
we are granting also encompasses  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.