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

In the Matter of                )
                                )
Bee Line, Inc. / Bee Line Cable TV   )  File No. EB-02-TS-648
                                )       
Operator of Cable Systems in:   )
                                )    
Millinocket, Maine              )
Madison, Maine                  )
                                )
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 Bee Line, Inc. / Bee Line Cable 
  TV  (``Bee  Line'') temporary,  two-month  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 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  

3.        Bee Line  filed a  request for  a temporary  waiver  of 
  Section  11.11(a)  for  the  two  captioned  cable  systems  on 
  October 1,  2002.  In support of  its waiver request, Bee  Line 
  states  that   its  Millinocket  cable   system  serves   3,000 
  subscribers and Madison cable system serves 7,000  subscribers.  
  Bee Line further states  that it ordered EAS equipment for  its 
  two small,  rural cable  systems on  April 10,  2002 through  a 
  cable  television  cooperative.   Bee  Line  asserts  that   it 
  contacted  the EAS  equipment  vendor who  indicated  that  the 
  order was not  received and promised delivery of EAS  equipment 
  within a two-week  period.  Finally, Bee Line believes that  it 
  can bring  the captioned cable systems  into EAS compliance  by 
  November 1, 2002.

4.        Based upon our review  of the information submitted  by 
  Bee  Line, we  conclude that  temporary, one-month  waivers  of 
  Section  11.11(a)  for the  two  captioned  cable  systems  are 
  warranted.7  

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and 0.311  of the Rules,8 Bee Line, Inc. /  Bee 
  Line Cable  TV IS GRANTED a waiver  of Section 11.11(a) of  the 
  Rules  until November  1,  2002  for the  two  captioned  cable 
  television systems.

6.        IT IS FURTHER ORDERED  that Bee Line,  Inc. / Bee  Line 
  Cable TV place a copy of this waiver in its system files.

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for  Bee Line,  Inc. /  Bee Line  Cable TV,  Henry A.  Solomon, 
  Esq., Garvey Schubert  Barer, 1000 Potomac Street, N.W.,  Fifth 
  Floor, Flour Mill Building, Washington, D.C.  20007-3501.

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

  8 47 C.F.R.  0.111, 0.204(b) and 0.311.