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

In the Matter of                )
                                )
Pacific Sun Cable Partners, LP  )    File No. EB-02-TS-200
                                )
Operator of Cable System in:    )
                                )
Groveland, California           )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                  MEMORANDUM OPINION AND ORDER 

Adopted:  April 29, 2003                Released:  May 2, 2003

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

1.        In this  Memorandum  Opinion  and  Order,  we  grant  a 
  petition  for  reconsideration  filed  by  Pacific  Sun   Cable 
  Partners,  LP (``Pacific  Sun'') of  an Order  denying  Pacific 
  Sun's request  for a  temporary, 36-month  waiver, and  instead 
  granting Pacific Sun  a temporary, 12-month waiver, of  Section 
  11.11(a) of the  Commission's Rules (``Rules'') for the  above-
  captioned cable television system.1  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, 
  2002.2 

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.3  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.4  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.5  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).6    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.7  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.8   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.9

3.        On May  21, 2002,  Pacific Sun  filed a  request for  a 
  temporary, 36-month  waiver of  Section 11.11(a)  of the  Rules 
  for  the  captioned  cable  system.   In  its  waiver  request, 
  Pacific  Sun   noted  that  its   small  cable  system   served 
  approximately  1,052 subscribers.   In  support of  its  waiver 
  request,  Pacific Sun  provided  financial data  for  2001  and 
  asserted  that  the  estimated  $17,000  cost  to  install  EAS 
  equipment at  its system would  impose a substantial  financial 
  hardship on  it.  On October 4,  2002, we denied Pacific  Sun's 
  request for a  36-month waiver and instead granted Pacific  Sun 
  a  12-month waiver  of Section  11.11(a)  for its  small  cable 
  system.10   We concluded  that  the financial  data  and  other 
  information  submitted  by Pacific  Sun  did  not  justify  its 
  request for a 36-month waiver.  

4.        On November 4, 2002, Pacific  Sun filed a petition  for 
  reconsideration of the Waiver Order.  Pacific Sun asserts  that 
  reconsideration  is appropriate  under  Section  1.106(b)(2)(i) 
  and  (c)(1) of  the Rules  because  of substantial  changes  in 
  relevant facts  and circumstances since  it filed its  original 
  waiver request.11   Specifically, Pacific Sun  states that,  in 
  the six months since it filed its original waiver request,  its 
  system's  customer  base   has  declined  to  fewer  than   930 
  subscribers and  its finances have deteriorated  significantly.  
  Pacific  Sun  asserts  that  the  estimated  $17,000  cost   of 
  installing  EAS equipment  at the  system within  the  12-month 
  waiver period will  impose a serious financial hardship on  it.  
  Pacific  Sun provides  its financial  statement for  the  first 
  seven months of 2002 in support of this assertion.  

5.        Based upon our  review of  the new  financial data  and 
  other information  submitted by Pacific  Sun, we conclude  that 
  Pacific  Sun  has  justified  a  36-month  waiver  of   Section 
  11.11(a) of the  Rules for the captioned small cable  system.12  
  Accordingly,   we    grant   Pacific    Sun's   petition    for 
  reconsideration.

6.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  405  of the  Communications  Act  of 1934,  as  amended,13  and 
  Sections  0.111, 0.204(b),  0.311  and 1.106  of  the  Rules,14 
  Pacific Sun Cable  Partners, LP's petition for  reconsideration 
  IS GRANTED. 

7.        IT IS FURTHER ORDERED that Pacific Sun Cable  Partners, 
  LP IS GRANTED a  waiver of Section 11.11(a) of the Rules  until 
  October 1, 2005 for the captioned cable television system.

8.        IT IS FURTHER ORDERED that Pacific Sun Cable  Partners, 
  LP place a copy of this waiver in its system file.

9.        IT IS FURTHER  ORDERED that a  copy of this  Memorandum 
  Opinion  and Order  shall  be  sent by  Certified  Mail  Return 
  Receipt Requested  to counsel for  Pacific Sun Cable  Partners, 
  LP, 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 Pacific Sun Cable Partners, LP, 17 FCC Rcd 18974 (Enf.  Bur., 
Tech. & Pub. Safety Div., 2002) (``Waiver Order'').

  2 47 C.F.R.  11.11(a).

  3 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).  

  4 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).

  5 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).

  6 Id. at 15512-13.

  7 Id. at 15516-15518.

  8 Id. at 15513.

  9 Id. at 15513, n. 59.

  10 17 FCC Rcd at 18975.

  11 See 47 C.F.R.  1.106(b)(2)(i) and (c)(1).

  12 The  waiver will extend from  October 1, 2002 until  October 
1, 2005.   We  clarify  that  the waiver  we  are  granting  also 
encompasses the EAS testing and monitoring requirements.  

  13 47 U.S.C.  405.

  14 47 C.F.R.  0.111, 0.204(b), 0.311 and 1.106.