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

In the Matter of                )
                                )
Community Communications Company)
and Affiliates                  )    File No. EB-02-TS-282
                                )
Operator of Cable Systems in the States of:  )
                                )    
Arkansas, Louisiana and Mississippi  )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  November 21, 2002             Released:   November  29, 
2002

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

1.        In  this  Order,  we  grant  Community   Communications 
  Company  and Affiliates  (``Community'') temporary  waivers  of 
  Section 11.11(a)  of the Commissions  Rules (``Rules'') for  26 
  of  its  27  cable  television  systems  in  the  three  above-
  captioned   states.   Specifically,   we  grant   Community   a 
  temporary, 12-month  waiver of  Section 11.11(a)  of the  Rules 
  for  one  cable  television  system  and  temporary,   24-month 
  waivers of  Section 11.11(a) of  the Rules for  25 other  cable 
  television  systems.   Also, we  deny  Community  a  waiver  of 
  Section 11.11(a) of  the Rules for the cable television  system 
  in  Monticello,  Arkansas.   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  July  2,  2002,  Community  filed  a  request   for 
  temporary,  18-month  waivers and         36-month  waivers  of 
  Section  11.11(a) for  27 small,  rural  cable systems  in  the 
  three captioned states.  In support of this request,  Community 
  states that  25 of the cable systems  serve between 26 and  621 
  subscribers.    Community  also   states  that   it  seeks   to 
  interconnect its two  larger systems in Warren and  Monticello, 
  Arkansas  system  which  serve  1,772  and  3,260  subscribers, 
  respectively. Based on  price quotes provided by EAS  equipment 
  manufacturers, Community estimates  that it would cost a  total 
  of approximately  $10,000 to install EAS  equipment at each  of 
  these systems for a total cost of $270,000.  Community  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,  Community  submits 
  that  its subscribers  will continue  to have  ready access  to 
  national  EAS information  from  other sources,  including  its 
  cable  systems.   In this  regard,  Community  notes  that  its 
  subscribers currently have  access to national EAS messages  on 
  more than  40 percent  of all  programmed channels.   Community 
  also  submits 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 Community, we find  that a waiver  of 
  Section 11.11(a) for  the Monticello, Arkansas cable system  is 
  not  warranted.  However,  we conclude  that a  temporary,  12-
  month  waiver  of  Section  11.11(a)  for  Community's  Warren, 
  Arkansas  cable system  is warranted  and that  temporary,  24-
  month  waivers of  Section  11.11(a)  for the  other  25  cable 
  systems is  warranted.9  In particular,  the estimated  $10,000 
  cost  to install  EAS equipment  at each  of the  remaining  26 
  cable systems could impose a financial hardship on Community. 

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   Community 
  Communications Company  and Affiliates IS  GRANTED a waiver  of 
  Section 11.11(a)  of the Rules  until October 1,  2003 for  one 
  cable television system  in Warrenton, Arkansas and IS  GRANTED 
  a waiver  of Section  11.11(a) of  the Rules  until October  1, 
  2004  for  25  cable  television  systems  in  the  states   of 
  Arkansas, Louisiana and Mississippi as listed in Attachment A.

7.        IT IS  FURTHER  ORDERED that  Community  Communications 
  Company  and Affiliates  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   Community   Communications   Company   and    Affiliates, 
  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
                                             Attachment A

         Community Communications Company and Affiliates

     Cable Systems:                     Waivers:
     
     Arkansas
     Monticello, Arkansas                    No Waiver Granted.
     Warren, Arkansas                   Granted Until October 1, 
2003
     Amity, Arkansas                    Granted Until October 1, 
2004
     Arkansas City, Arkansas            Granted Until October 1, 
2004
     Bismarck, Arkansas                 Granted Until October 1, 
2004
     Carpenter's Dam, Arkansas               Granted Until 
October 1, 2004
     Curtis, Arkansas                   Granted Until October 1, 
2004
     Donaldson, Arkansas                Granted Until October 1, 
2004
     East Camden, Arkansas                   Granted Until 
     October 1, 2004 
     Eudora, Arkansas                   Granted Until October 1, 
     2004
     Gillett, Arkansas                  Granted Until October 1, 
2004
     Glenwood, Arkansas                 Granted Until October 1, 
2004
     Gould, Arkansas                    Granted Until October 1, 
2004
     Hooker, Arkansas                   Granted Until October 1, 
2004
     Jones Mill, Arkansas                    Granted Until 
October 1, 2004
     Kingsland, Arkansas                Granted Until October 1, 
2004
     Magic Springs, Arkansas            Granted Until October 1, 
2004
     Norman, Arkansas                   Granted Until October 1, 
2004
     Rison, Arkansas                    Granted Until October 1, 
2004
     Royal Arkansas                     Granted Until October 1, 
2004
     Garland County, Arkansas           Granted Until October 1, 
2004
     Saline County, Arkansas            Granted Until October 1, 
2004
     Star City, Arkansas                Granted Until October 1, 
2004
     Tillar, Arkansas                        Granted Until 
October 1, 2004
     Watson Arkansas                    Granted Until October 1, 
2004
     Warrenton Arkansas                 Granted Until October 1, 
2003

     Louisiana
     Kilbourne, Louisiana                    Granted Until 
October 1, 2004

     Mississippi
     Rosedale, Mississippi                   Granted Until 
October 1, 2004

_________________________

  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 12-month waiver  will extend from October 1, 2002,  until 
October 1, 2003, and the 24-month waiver will extend from October 
1, 2002, until October 1, 2004.   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.