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

In the Matter of                )
                                )
Lycom Communications, Inc.      )    File No. EB-03-TS-102
                                )
Operator of Cable Systems in:   )
                                )    
Louisa, Kentucky                )
Blaine, Kentucky                )
Charley, Kentucky               )
Clifford, Kentucky-Glenhays, West Virginia   )
Bonser, Ohio                    )
Proctorville, Ohio              )
Genoa, West Virginia            )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                
                                     
                              ORDER 

Adopted:  July 1,  2003                 Released:  July 3, 2003 

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

1.        In this  Order,  we grant  Lycom  Communications,  Inc. 
  (``''Lycom'')  temporary waivers  of  Section 11.11(a)  of  the 
  Commission's Rules  (``Rules'') for  the seven  above-captioned 
  cable television systems.   Specifically, we grant a  temporary 
  waiver of Section  11.11(a) for the system in Lousia,  Kentucky 
  from  April  9,  2003 until  October  1,  2003,  and  temporary 
  waivers of Section 11.11(a) for the remaining six systems  from 
  April  9,  2003  until  October  1,  2005.   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.        Lycom filed a request for temporary waivers of  Section 
  11.11(a)  for the  seven captioned  cable systems  on April  9, 
  2003.   In support  of its  waiver request,  Lycom states  that 
  these are  small, rural cable systems,  which serve between  40 
  and  1,302 subscribers.   Lycom  estimates that  it  will  cost 
  approximately  $56,700  to  install  EAS  equipment  at   these 
  systems.   Lycom   asserts  that  this   cost  will  impose   a 
  substantial  financial   hardship  on  it   and  provides   its 
  financial statement for 2002 in support of this assertion.   In 
  addition, Lycom  states that it ordered  EAS equipment for  its 
  Louisa system  in 2002,  but subsequently  discovered that  the 
  equipment  was  not  compatible  with  its  headend  equipment.  
  Lycom states  that it is determining  which EAS equipment  will 
  work  with  its  Louisa headend  and  expects  to  install  EAS 
  equipment  at this  headend by  October  1, 2003.   Lycom  also 
  states that  it plans  to interconnect  its Charley,  Kentucky, 
  Genoa,  West Virginia,  and Clifford,  Kentucky-Glenhays,  West 
  Virginia systems with the Louisa headend in the next two  years 
  and asserts  that this  interconnection will  save the  company 
  the  expense  of  installing  EAS  equipment  at  these   three 
  systems.   Lycom  expects  to  install  EAS  equipment  at  the 
  remaining  three systems  within three  years.  Finally,  Lycom 
  asserts  that  its subscribers  will  continue  to  have  ready 
  access  to  national   EAS  information  from  other   sources, 
  including its cable system.  

4.        Based upon our review of  the financial data and  other 
  information  submitted by  Lycom,  we conclude  that  temporary 
  waivers  of Section  11.11(a)  for the  seven  captioned  cable 
  systems  are  warranted.9  In  particular,  we  find  that  the 
  estimated  $56,700  cost  of  EAS  equipment  for  these  small 
  systems could impose  a financial hardship on Lycom.  We  grant 
  Lycom a  temporary waiver of Section  11.11(a) for the  Lousia, 
  Kentucky  cable system  from April  9,  2003 until  October  1, 
  2003,  and  temporary  waivers  of  Section  11.11(a)  for  the 
  remaining six  cable systems from April  9, 2003 until  October 
  1, 2005.  However, we  note that Lycom did not file its  waiver 
  request  until  April  9,  2003,  after  the  October  1,  2002 
  deadline for cable systems serving 10,000 or fewer  subscribers 
  to install EAS equipment.  We find that Lycom was in  violation 
  of the requirement in Section 11.11(a) of the Rules to  install 
  EAS equipment by October  1, 2002.  We admonish Lycom for  this 
  violation.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,   0.204(b)   and    0.311   of   the   Rules,10    Lycom 
  Communications, Inc.  IS GRANTED a  waiver of Section  11.11(a) 
  of the Rules from  April 9, 2003 until October 1, 2003 for  the 
  Louisa,  Kentucky  cable  television  system,  and  IS  GRANTED 
  waivers of  Section 11.11(a) of  the Rules from  April 9,  2003 
  until  October 1,  2005 for  the  cable television  systems  in 
  Blaine,  Kentucky,   Charley,  Kentucky,  Clifford,   Kentucky-
  Glenhays, West Virginia,  Bonser, Ohio, Proctorville, Ohio  and 
  Genoa, West Virginia.

6.        IT IS FURTHER ORDERED  that Lycom Communications,  Inc. 
  IS  ADMONISHED  for   violating  the  requirement  in   Section 
  11.11(a) of  the Rules to install  EAS equipment by October  1, 
  2002. 

7.        IT IS FURTHER ORDERED  that Lycom Communications,  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   Lycom  Communications,   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 We clarify that  the waiver we are granting also  encompasses 
the EAS testing and monitoring requirements.  

  10 47 C.F.R.  0.111, 0.204(b) and 0.311.