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

In the Matter of                )
                                )
Eagle Media, LLC                )    File No. EB-02-TS-297
                                )
Operator of Cable System in the States of:   )
                                )    
Arkansas and Oklahoma           )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  April 16, 2003                Released:  April 21, 2003

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

1.        In this Order,  we grant Eagle  Media, LLC  (``Eagle'') 
  temporary,  36-month  waivers   of  Section  11.11(a)  of   the 
  Commission's Rules (``Rules'')  for 22 cable television  system 
  in the two  above-captioned states.  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 9, 2002, Eagle filed a request for permanent or 
  five-year  waivers of  Section  11.11(a) for  22  small,  rural 
  cable systems in the  two captioned states.  In support of  its 
  waiver request, Eagle states that these are small, rural  cable 
  systems which serve  between 26 and 430 subscribers.  Based  on 
  price  quotes provided  by EAS  equipment manufacturers,  Eagle 
  estimates that  it would cost  approximately $8,500 to  install 
  EAS  equipment at each  of these  systems for a  total cost  of 
  $187,000.   Eagle  asserts   that  this  cost  will  impose   a 
  substantial  financial hardship  on it  and provides  financial 
  statements  for 2000  and 2001  in support  of this  assertion.  
  Eagle indicates  that subscribers will  continue to have  ready 
  access  to  national   EAS  information  from  other   sources, 
  including  many of  the programmed  channels carried  over  its 
  cable  system. Eagle  further indicates  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  Eagle,  we find  that  permanent  or 
  five-year waivers of Section 11.11(a) for the 22 cable  systems 
  are not  warranted. However,  we conclude  that temporary,  36-
  month  waivers  of  Section  11.11(a)  for  these  systems  are 
  warranted.9 In particular, we find that the estimated  $187,000 
  cost  of EAS  equipment for  these  small cable  systems  could 
  impose a financial hardship on Eagle. 

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 Eagle Media, LLC  IS 
  GRANTED waivers of Section 11.11(a) of the Rules until  October 
  1,  2005  for  the 22  cable  television  systems  in  the  two 
  captioned states as listed in Attachment A.

7.        IT IS FURTHER  ORDERED that  Eagle Media,  LLC 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  counsel 
  for Eagle  Media, LLC, Robert  L. James, Esq.,  Cole, Raywid  & 
  Braverman,  LLP, 1919  Pennsylvania  Avenue, N.W.,  Suite  200, 
  Washington, D.C. 20006.

                         FEDERAL COMMUNICATIONS COMMISSION

                         


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

                         Attachment A

 Eagle Media, LLC

 Cable Systems:                         Temporary Waiver Granted 
Until:         

Arkansas
Booneville BHDC, Arkansas                    October 1, 2005
Branch/Ratcliff, Arkansas                    October 1, 2005
Casa, Arkansas                          October 1, 2005
Greenwood, Arkansas                     October 1, 2005
Knoxville, Arkansas                     October 1, 2005
Scranton, Arkansas                      October 1, 2005
Subiaco, Arkansas                       October 1, 2005
Wicherville, Arkansas                        October 1, 2005



Oklahoma  
Alex, Oklahoma                     October 1, 2005
Apache, Oklahoma                        October 1, 2005
Cement, Oklahoma                        October 1, 2005          
Chicken Creek, Oklahoma                 October 1, 2005
Cookson, Oklahoma                       October 1, 2005
Dougherty, Oklahoma                     October 1, 2005
Elk Creek, Oklahoma                     October 1, 2005
Grandfield, Oklahoma                         October 1, 2005
Mountain View, Oklahoma                 October 1, 2005
Paradise Hill, Oklahoma                 October 1, 2005
Park Hill, Oklahoma                     October 1, 2005
Sterling, Oklahoma                      October 1, 2005
Randlett, Oklahoma                      October 1, 2005
Woodall, Oklahoma                       October 1, 2005
                    
          
           
_________________________

  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 waivers  will extend  36-months  from October  1,  2002, 
until October 1, 2005.  Additionally, 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.