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

In the Matter of                )
                                )
Central Texas Communications, Inc.   )  File No. EB-02-TS-371
                                )
Operator of Cable Systems in:   )
                                )
Goldthwaite, Texas              )
Lohn, Texas                     )
San Saba, Texas                 )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 29, 2002              Released:   November   5, 
2002

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

1.         In this Order, we grant Central Texas  Communications, 
  Inc.  (``Central'')  temporary,  36-month  waivers  of  Section 
  11.11(a) of the Rules  for the Lohn, Texas and San Saba,  Texas 
  cable television systems.  Also in this Order, we deny  Central 
  a temporary  waiver of Section  11.11(a) of the  Rules for  the 
  Goldthwaite,  Texas 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.        Central filed  a request  for  permanent or  five  year 
  waivers  of  Section 11.11(a)  for  the  three  above-captioned 
  cable  systems on  July 30,  2002.  In  support of  its  waiver 
  request  Central   states  that  these   cable  systems   serve 
  approximately  2,880   subscribers.   Based  on  price   quotes 
  provided  by  EAS equipment  manufacturers,  Central  estimates 
  that  it  would  cost  approximately  $21,000  to  install  EAS 
  equipment at  these systems.   Central asserts  that this  cost 
  will  impose  a  substantial  financial  hardship  on  it   and 
  provides its financial statements for 2000 and 2001 in  support 
  of  this assertion.   In  addition, Central  submits  that  its 
  subscribers will continue to have ready access to national  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  Central, we decline to grant  Central 
  a permanent  or five  year waiver  of Section  11.11(a) of  the 
  Rules for the Goldthwaite, Texas system.  However, we  conclude 
  that a temporary, 36-month waivers for the Lohn, Texas and  San 
  Saba, Texas systems 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  Central  Texas 
  Communications, Inc. IS GRANTED waivers of Section 11.11(a)  of 
  the Rules  until October 1,  2005 for the  Lohn, Texas and  San 
  Saba, Texas systems.

7.        IT   IS    FURTHER   ORDERED    that   Central    Texas 
  Communications,  Inc., place  a copy  of these  waivers in  its 
  systems files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent  by Certified  Mail Return Receipt  Requested to  Jamey 
  Wigley, General  Manager, Central Texas  Community, Inc.,  1012 
  Reilly, P.O. Box 627, Goldthwaite, Texas 76844

                         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 36-month 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.