Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Cable One, Inc. ) File No. EB-02-TS-552
Operator of Cables Systems in: )
Payette, Idaho )
Ontario, Oregon )
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
Adopted: April 16, 2003 Released: April 21, 2003
By the Chief, Technical and Public Safety Division, Enforcement
1. In this Order, we grant Cable One, Inc., (``Cable
One'') temporary, 120-day waivers of Section 11.11(a) of the
Commission's Rules (``Rules'') for the two above-captioned
cable television systems. 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. Cable One filed a request for a temporary, 120-day
waiver of the EAS requirements of Section 11.11(a) for the two
captioned small, rural cable systems on September 20, 2002.
In support of its waiver request, Cable One states that the
two systems, which serve between 2,507 and 3,164 subscribers,
are in the process of being interconnected to its West
Valley/Boise, Idaho cable system which is in full compliance
with EAS regulations. Based on price quotes from EAS
equipment manufacturers, Cable One estimates that it would
cost approximately $10,698 to install EAS equipment at each of
these systems. Cable One asserts that the cost of installing
EAS equipment at the two systems will impose an unnecessary
financial expenditure since the two captioned headends will be
eliminated. In addition, Cable One submits that its
subscribers will continue to have ready access to national EAS
information from other sources, including its cable systems.
In this regard, Cable One notes that its subscribers currently
have access to national EAS messages on a substantial number
of all programmed channels. Finally, Cable One 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 Cable One, we conclude that a
temporary, 120-day waiver of Section 11.11(a) for the two
captioned systems is warranted.9 In particular, we find that
the $10,698 cost of EAS equipment for these small cable
systems could impose an unnecessary financial expenditure for
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
6. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,12 Cable One, Inc. IS
GRANTED a waiver of Section 11.11(a) of the Rules until
February 1, 2003 for the two captioned cable television
7. IT IS FURTHER ORDERED that Cable One, 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 Cable One, Inc., Sharon O'Malley Monahan, Fleischman and
Walsh, L. L. P., 1400 Sixteenth Street, N.W., Washington, DC
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
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
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 from October 1, 2002, until February
1, 2003. 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.