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

In the Matter of                )
                                )
Roome Telecommunications, Inc. d/b/a RTI Cable    )    File   No. 
EB-02-TS-404
Television                      )
                                )
Operator of Cable System in:    )
                                )    
Halsey, Oregon                  )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  November 12, 2002             Released:   November  26, 
2002

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

1.        In this Order, we grant Roome Telecommunications,  Inc. 
  d/b/a RTI  Cable Television  (``RTI  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.        RTI Cable  filed a  request for  a temporary,  36-month 
  waiver of  Section 11.11(a) for the  captioned cable system  on 
  August 6,  2002.  In support of  its waiver request, RTI  Cable 
  states that  this is a small,  rural cable system which  serves 
  approximately 150 subscribers.  Based on price quotes  provided 
  by EAS  equipment manufacturers,  RTI Cable  estimates that  it 
  would cost  approximately $6,500  to install  EAS equipment  at 
  the system.   RTI Cable asserts  that this cost  will impose  a 
  substantial  financial hardship  on it  and provides  financial 
  data  for 2000  and 2001  in support  of this  assertion.   RTI 
  Cable indicates  that subscribers will  continue to have  ready 
  access  to  national   EAS  information  from  other   sources, 
  including its  cable system.  In this regard,  RTI Cable  notes 
  that 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  RTI  Cable,  we  conclude  that   a 
  temporary,  36-month  waiver   of  Section  11.11(a)  for   the 
  captioned system  is warranted.9  In  particular, we find  that 
  the estimated  $6,500 or more  cost of EAS  equipment for  this 
  small cable  system could  impose a financial  hardship on  RTI 
  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    Roome 
  Telecommunications, Inc. d/b/a RTI Cable Television 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  that Roome  Telecommunications, 
  Inc. d/b/a  RTI Television 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 Roome  Telecommunication,  Inc., d/b/a  RTI  Cable 
  Television,  Pamela L.  Gist, Esq.,  Lukas, Nace,  Gutierrez  & 
  Sachs,  Chartered,   1111  19th  Street,   N.W.,  Suite   1200, 
  Washington, D.C. 20036.  

                         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 36 months 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.