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

In the Matter of                )
                                )
Claiborne Cable TV, Inc., d/b/a )    File No. EB-02-TS-518
Management Associates           )
                                )
Operator of Cable System in:    )
                                )    
Haynesville, Louisiana          )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 29, 2002              Released:   November   1, 
2002

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

      1.  In this Order, we grant Claiborne Cable TV, Inc.  d/b/a 
        Cable  Management  Associates  (``Claiborne  Cable'')   a 
        temporary,  36-month waiver  of Section  11.11(a) of  the 
        Commission's  Rules (``Rules'')  for the  above-captioned 
        cable  television  system.   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 September 11, 2002, Claiborne Cable filed a  request 
        for a waiver of Section 11.11(a) for the  above-captioned 
        cable  system.   In  support of  its  request,  Claiborne 
        Cable  states that the  small cable system  approximately 
        764 subscribers.   Based on price quotes provided by  EAS 
        equipment  manufacturers, Claiborne Cable estimates  that 
        it  would  cost  approximately  $9,609  to  install   EAS 
        equipment at  this system.  Claiborne Cable asserts  that 
        this  cost will impose  a substantial financial  hardship 
        on it  and provides its financial statements for 2001  in 
        support of  this assertion. In addition, Claiborne  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,  Claiborne 
        Cable  notes that its  subscribers currently have  access 
        to  national EAS messages on at  least 44 percent of  all 
        programmed  channels.  Claiborne 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  Claiborne Cable,  we  conclude 
        that  a temporary,  36-month waiver  of Section  11.11(a) 
        for  the  captioned  cable  system  is  warranted.9    In 
        particular,  we find  that the estimated  $9,609 cost  of 
        EAS equipment for this small cable system could impose  a 
        financial hardship on Claiborne 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  Claiborne 
        Cable  TV,  Inc.  d/b/a Cable  Management  Associates  IS 
        GRANTED a  waiver of Section 11.11(a) of the Rules  until 
        October  1,  2005  for  the  captioned  cable  television 
        system.

      7.  IT IS FURTHER  ORDERED Claiborne Cable  TV, Inc.  d/b/a 
        Cable  Management Associates  that place a  copy of  this 
        waiver in its system file.

      8.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
        be  sent by  Certified Mail Return  Receipt Requested  to 
        counsel  for   Claiborne  Cable  TV,  Inc.  d/b/a   Cable 
        Management  Associates,  Christopher C.  Cinnamon,  Esq., 
        Cinnamon Muller,  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  waiver will extend from  October 1, 2002, until  October 
1, 2005.   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.