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

In the Matter of                )
Adelphia Communications Corporation  )  File No. EB-02-TS-555
Operator of Cable Systems in the States of:  )
Florida, Indiana, Kentucky, Massachusetts,   )
New Hampshire, North Carolina,  )
Ohio, Pennsylvania, Vermont,    )
Virginia, and West Virginia     )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    

Adopted:  December 4, 2002              Released:   December   5, 

By the Chief, Technical  and Public Safety Division,  Enforcement 

1.          In  this  Order,  we  grant  Adelphia  Communications 
  Corporation (``Adelphia'') temporary  waivers to April 1,  2003 
  of Section 11.11(a)  of the Commission's Rules (``Rules'')  for 
  65 cable  television systems in  the 11 above-captioned  states 
  and listed  in Attachment A.   Section 11.11(a) requires  cable 
  systems serving  fewer than 10,000  subscribers from a  headend 
  to  provide national  level  Emergency Alert  System  (``EAS'') 
  messages on  all programmed  channels by October  1, 2002,  but 
  allows 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, 

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  24, 2002,  Adelphia filed  a request  for 
  temporary, six-month waivers of Section 11.11(a) for 278  small 
  cable systems in 16 states.  In support of the waiver  request, 
  Adelphia states that  the 278 cable systems each serve  between 
  22  and 9,958  subscribers.  Adelphia  states that  its  normal 
  course of  business was disrupted by  events leading up to  and 
  including  its filing  for Chapter  11 bankruptcy  on June  25, 
  2002.   Adelphia explains  that  the resignation  and  criminal 
  indictment of three  of its senior executives, the  resignation 
  of the majority of  its Board of Directors, and the  subsequent 
  investigation  initiated   by  the   Securities  and   Exchange 
  Commission precluded Adelphia  from borrowing under its  credit 
  facilities, precipitating  a liquidity crisis which  ultimately 
  resulted in its  filing for bankruptcy.  The bankruptcy  filing 
  prevented  Adelphia  from  pursuing  its  planned  installation 
  schedule for EAS equipment.  At the time of filing the  request 
  for waiver, Adelphia  had arranged for funding from its  debtor 
  in possession for the purpose of meeting its EAS  requirements.  
  It is  now engaged in  an aggressive program  of procuring  and 
  installing  EAS equipment,  but  is unable,  due  primarily  to 
  funding delays  caused by the bankruptcy,  to meet the  October 
  1, 2002 deadline.   Adelphia indicates that it expects to  have 
  all  of its  systems in  compliance with  the EAS  rules on  or 
  before April 1,  2003.  In addition, Adelphia submits that  its 
  subscribers will continue to have ready access to national  EAS 
  information from  other sources, including  its cable  systems.  
  In this  regard, Adelphia notes that  all of its systems  carry 
  local  off-the-air  programming  that  includes  EAS  messages.  
  Adelphia also asserts that its subscribers will have access  to 
  EAS  information through  over-the-air reception  of  broadcast 
  television  and radio  stations.  Finally,  Adelphia offers  to 
  file  monthly  progress  reports  on  the  status  of  its  EAS 
  equipment installation efforts.

4.        Between October 2, 2002 and November 11, 2002, Adelphia 
  submitted supplemental information showing that a total of  213 
  systems for which it had initially requested waivers have  been 
  brought  into compliance.   With respect  to the  remaining  65 
  systems, Adelphia has  committed to completing installation  of 
  EAS equipment  at a minimum of 33  cable systems by the end  of 
  February 2003, and 32  cable systems by the end of March  2003.  
  Based  upon  our   review  of  the  information  submitted   by 
  Adelphia, we conclude that granting Adelphia temporary  waivers 
  of  Section  11.11(a)  of  the  Rules  will  serve  the  public 
  interest  by   accommodating  the  objectives  underlying   the 
  bankruptcy laws.9   Additionally, we find  that the  aggressive 
  program  of EAS  equipment installation  initiated by  Adelphia 
  immediately  upon  receipt  of  funding  from  its  debtor   in 
  possession to be an appropriate and acceptable response to  its 
  financial  crisis.  Accordingly,  we grant  Adelphia  temporary 
  waivers  of up to  six months  of Section 11.11(a)  for the  65 
  remaining cable systems  in Attachment A.10  As a condition  of 
  these waivers, Adelphia must install EAS equipment pursuant  to 
  the  schedule  set  forth  above.   Adelphia  must  also   file 
  progress reports  with the Commission  every thirty days  until 
  completion  of   its  installation  program   or  until   these 
  temporary waivers expire, whichever occurs first.  The  initial 
  report  is due  on January  1, 2003,  with subsequent  progress 
  reports due on the first business day of each successive  month 
  during the waiver period.   A final report is due on or  before 
  April 1, 2003. 

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,   0.204(b)  and   0.311   of  the   Rules,11    Adelphia 
  Communications  Corporation  IS GRANTED  temporary  waivers  of 
  Section 11.11(a)  of the Rules as  specified herein for the  65 
  cable television systems listed in Attachment A. 

6.        IT IS  FURTHER  ORDERED  that  Adelphia  Communications 
  Corporation  submit  monthly   progress  reports  on  its   EAS 
  equipment installation program with the Chief of the  Technical 
  and Public Safety Division, Enforcement Bureau.

7.        IT IS  FURTHER  ORDERED  that  Adelphia  Communications 
  Corporation place a copy of this waiver 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  counsel 
  for Adelphia  Communications Corporation, Stuart F.  Feldstein, 
  Esq., Fleishman  and Walsh,  L. L. P.,  1400 Sixteenth  Street, 
  N.W., Washington, DC 20036.



                         Joseph P. Casey
                         Chief, Technical and Public Safety 
                         Enforcement Bureau
                                                Attachment A

   Adelphia Communications Corporation

   Cable Systems:        

   Archer, Florida
   Citrus/Inverness, Florida
   Dunnellon, Florida
   Key Biscayne, Florida
   Meadow Lakes MHP, Florida
   Tampa, Florida
   Trenton, Florida
   West Palm Beach (Comcast), Florida

   Elizabeth, Indiana

   Cloverport, Kentucky
   Cromwell, Kentucky
   Maloneton, Kentucky
   Nelson, Kentucky
   Sandy Hook, Kentucky

   Martha's Vineyard, Massachusetts

   New Hampshire
   Claremont, New Hamshire
   Moultonborough, New Hamshire

   North Carolina
   Bailey, North Carolina
   Elkin, North Carolina
   Fountain, North Carolina
   Halifax, North Carolina
   Hollister, North Carolina
   Lake Gaston, North Carolina
   Laurinburg, North Carolina
   Mid Lakes, North Carolina
   Oak City, North Carolina
   Pine Topps, North Carolina
   Whitakers, North Carolina

   Amsterdam, Ohio
   Ashley Corner, Ohio
   Cadiz, Ohio
   Compton Hills MHP, Ohio
   Coshocton, Ohio
   Crown City, Ohio
   Eagles Lake MHP, Ohio
   Eureka, Ohio
   Freeport Twp., Ohio
   Green Lawn MHP, Ohio
   Hopedale, Ohio
   Jewett, Ohio
   Leesville, Ohio
   Minerva, Ohio
   Pedro, Ohio
   Put-n-Bay, Ohio
   Riverside, Ohio
   Salineville, Ohio
   Scio, Ohio
   Sebring, Ohio

   Cresson, Pennsylvania
   Houtzdale OTN, Pennsylvania
   Lewistown, Pennsylvania
   Mt. Union, Pennsylvania
   Philipsburg, Pennsylvania
   Rochester, Pennsylvania
   South Fork, Pennsylvania
   Towanda, Pennsylvania

   Bennington, Vermont

   Culpeper, Virginia
   Gordonsville, Virginia
   Green Co, Virginia
   Hot Spring, Virginia
   Palmyra, Virginia
   Troutville Hub #1  (Blue Ridge), Virginia

   West Virginia
   Apple Grove, West Virginia
   Graysville, West Virginia
   Sandyville, West Virginia


  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), 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).

  5 Id. at 15512-13.

  6 Id. at 15516-15518.

  7 Id. at 15513.

  8 Id. at 15513, n. 59.

  9   The  Commission  has  recognized  that,  under  its  public 
interest mandate, it has an  obligation to consider the  national 
policy underlying  other federal  laws,  such as  the  bankruptcy 
laws.  See San Diego  Television, Inc., Debtor-in-Possession,  11 
FCC Rcd 14689, 14693  (1996); see also La  Rose v. FCC, 494  F.2d 
1145, 1146 n. 2 (D.C. Cir.  1974).  As the Commission has  noted, 
the objectives  underlying the  bankruptcy laws  are  three-fold:  
equality of  distribution  among  creditors, a  fresh  start  for 
debtors, and  the  efficient  and  economical  administration  of 
cases.  Fox Television Stations, Inc.,  8 FCC Rcd 5341,  5344-45, 
recon. denied, 8 FCC Rcd 8744 (1993).

  10 The  waivers will extend up to  six months, from October  1, 
2002 until April  1, 2003.  Adelphia  also specifically  requests 
waiver of  the testing  and monitoring  requirements of  the  EAS 
rules for  these systems.   We clarify  that the  waivers we  are 
granting  also   encompass  the   EAS  testing   and   monitoring 

  11 47 C.F.R.  0.111, 0.204(b) and 0.311.