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

In the Matter of                )
                                )
Willamette Broadband, LLC       )    File No. EB-02-TS-649
                                )
Operator of Cable Systems in:   )
                                )
Canby, Oregon                   )
Woodburn, Oregon                )
Molalla, Oregon                 )    
                                )
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 Willamette  Broadband,  LLC 
  (``Willamette'') temporary waivers  of Section 11.11(a) of  the 
  Commission's Rules  (``Rules'') for  the three  above-captioned 
  cable  television  systems.  Section  11.11(a)  requires  cable 
  systems  serving  more   than  5,000  but  fewer  than   10,000 
  subscribers from  a headend to  install Emergency Alert  System 
  (``EAS'') equipment  and begin  providing EAS  audio and  video 
  messages  on  all  channels  by  October  1,  2002.1    Section 
  11.11(a)  requires  cable  systems  serving  fewer  than  5,000 
  subscribers from  a headend  to either  provide national  level 
  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.        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.        Willamette filed  a  request for  temporary,  six-month 
  waivers  of Section  11.11(a)  for the  three  captioned  rural 
  cable systems  on October 9,  2002.  In support  of its  waiver 
  request,  Willamette  states  that  the  Canby,  Oregon  system 
  serves 6,900  subscribers, the Woodburn,  Oregon system  serves 
  5,200  systems and  the Molalla,  Oregon system  serves 1,  700 
  subscribers.   Willamette further  states that  it ordered  EAS 
  equipment  for   the  Canby   system  headend   and  plans   to 
  interconnect the three systems.  Based on the $16,350 price  to 
  install  EAS   equipment  at  the   Canby  system,   Willamette 
  estimates that it  would cost a total of approximately  $49,000 
  to  install EAS  equipment at  the three  systems.   Willamette 
  asserts  that this  cost will  impose a  substantial  financial 
  hardship on it  and provides its financial statements for  2001 
  and  2002   in  support  of   this  assertion.   In   addition, 
  Willamette submits that  its subscribers will continue to  have 
  ready access  to national EAS  information from other  sources, 
  including its cable systems.  In this regard, Willamette  notes 
  that  its subscribers  currently have  access to  national  EAS 
  messages on  at least  44 percent of  all programmed  channels.  
  Willamette also asserts  that its subscribers will have  access 
  to EAS information through over-the-air reception of  broadcast 
  television and  radio stations.   Finally, Willamette  believes 
  that  it  can  bring  the  captioned  cable  systems  into  EAS 
  compliance within the next six months.

4.        Based upon our review of  the financial data and  other 
  information   submitted  by   Willamette,  we   conclude   that 
  temporary waivers of  Section 11.11(a) for the three  captioned 
  systems  are  warranted.9  In  particular,  we  find  that  the 
  estimated  $49,000  cost to  install  EAS  equipment  at  these 
  systems  could  impose  a  financial  hardship  on  Willamette.  
  However,  we note  that  Willamette  did not  file  its  waiver 
  request  until October  9,  2002,  after the  October  1,  2002 
  deadline for cable systems serving 10,000 or fewer  subscribers 
  to  install EAS  equipment.  We  find  that Willamette  was  in 
  violation of the  requirement in Section 11.11(a) of the  Rules 
  to  install EAS  equipment by  October  1, 2002.   We  admonish 
  Willamette for this violation.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,   0.204(b)  and   0.311  of   the  Rules,10   Willamette 
  Broadband, LLC IS GRANTED  a waiver of Section 11.11(a) of  the 
  Rules  until  April  1, 2003  for  the  three  captioned  cable 
  television systems. 

                 6. IT  IS   FURTHER  ORDERED   that   Willamette 
Broadband, LLC  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   Willamette 
Broadband, LLC, 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 
Peter C. Luscombe, President, Willamette Broadband, LLC, P.O. Box 
850, Canby, Oregon 97013.

                         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 The waivers will  extend from October 9, 2002 until April  1, 
2003.  We clarify that the waivers we are granting also encompass 
the EAS testing and monitoring requirements.  

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