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

In the Matter of                )
                                )
Boycom Cablevision, Inc.        )    File No. EB-02-TS-565
                                )
Operator of Cable Systems in:   )
                                )    
Butler, Missouri                )
Wappapello, Missouri            )
                                )
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  Boycom  Cablevision,  Inc. 
  (``Boycom'')  temporary  waivers of  Section  11.11(a)  of  the 
  Commission's  Rules  (``Rules'') for  the  two  above-captioned 
  cable television systems.  Specifically, we grant a  temporary, 
  12-month waiver  of Section 11.11(a)  for the Butler,  Missouri 
  system and  a temporary,  36-month waiver  of Section  11.11(a) 
  for  the   Wappapello,  Missouri   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.        Boycom filed a request for temporary waiver of  Section 
  11.11(a) for the  two captioned cable systems on September  26, 
  2002.  Boycom seeks a 24-month waiver for the Butler,  Missouri 
  system  and a  36-month  waiver for  the  Wappapello,  Missouri 
  system.  In support  of its waiver request, Boycom states  that 
  these are  small, rural cable systems  serving between 629  and 
  1,380  subscribers.   Based  on price  quotes provided  by  EAS 
  equipment vendors Boycom  estimates that it would cost a  total 
  of approximately $15,400 to purchase and install EAS  equipment 
  at these systems.  Boycom 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, Boycom submits  that its  subscribers 
  will continue to have ready access to national EAS  information 
  from  other sources,  including  its cable  systems.   In  this 
  regard,  Boycom  notes  that  its  subscribers  currently  have 
  access  to  national  EAS  messages  on  at  least  thirty-four 
  percent  of all  programmed channels.   Boycom further  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  Boycom, we decline to grant Boycom  a 
  temporary 24-month waiver  of Section 11.11(a) for the  Butler, 
  Missouri system.   However, we  conclude that  a temporary  12-
  month waiver  for the  Butler, Missouri system  and a  36-month 
  waiver of  the Wappapello, Missouri  system is warranted.9   In 
  particular,  we find  that the  estimated $15,400  cost of  EAS 
  equipment  for  these  small  cable  systems  could  impose   a 
  financial hardship on Boycom.  

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 Boycom  Cablevision, 
  Inc.  IS GRANTED  a waiver  of Section  11.11(a) of  the  Rules 
  until October  1, 2003  for its Butler,  Missouri cable  system 
  and IS GRANTED a waiver of Section 11.11(a) of the Rules  until 
  October 1, 2005 for its Wappapello, Missouri cable system.

7.        IT IS  FURTHER ORDERED  that Boycom  Cablevision,  Inc. 
  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 Boycom  Cablevision, Inc., 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  waiver for the  Butler, Missouri system  will extend  12 
months from October 1, 2002 until October 1, 2003 and the  waiver 
for the Wappapello,  Missouri system will  extend 36 months  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.