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

In the Matter of                )
                                )
Coleman County Telephone Cooperative, Inc.   )    File No. EB-02-
TS-696
                                )
Operator of Cable System in:    )
                                )    
Santa Anna, Texas               )
                                )
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  Coleman  County  Telephone 
  Cooperative, Inc.  (``Coleman County'') a  temporary waiver  of 
  Section 11.11(a) of the Commission's Rules (``Rules'') for  the 
  above-captioned  wireless  cable  television  system.   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  

3.        Coleman County filed  a request for  a temporary,  six-
  month  waiver  of Section  11.11(a)  for  the  captioned  cable 
  system on November 5, 2002.  In support of its waiver  request, 
  Coleman County states that it had difficulty locating a  vendor 
  with  EAS equipment  suitable  for its  small,  rural  wireless 
  cable  system  which  serves  approximately  236   subscribers.  
  Coleman  County   further  states  that   after  ordering   EAS 
  equipment,  the vendor  informed Coleman  County that  delivery 
  and installation  of EAS  equipment would be  delayed at  least 
  six weeks.   Coleman County asserts  that its subscribers  will 
  continue to have ready access to national EAS information  from 
  other sources,  including its cable  system.  Finally,  Coleman 
  County believes  that it can bring  the captioned cable  system 
  into EAS compliance within the next six months.

4.        Based upon our review  of the information submitted  by 
  Coleman County, we conclude that a temporary waiver of  Section 
  11.11(a) for the  captioned cable system from November 5,  2002 
  until  April 1,  2003 is  warranted.7   However, we  note  that 
  Coleman County did  not file its waiver request until  November 
  5, 2002, after the  October 1, 2002 deadline for cable  systems 
  serving 10,000 or  fewer subscribers to install EAS  equipment.  
  We  find   that  Coleman  County  was   in  violation  of   the 
  requirement in  Section 11.11(a)  of the Rules  to install  EAS 
  equipment by October  1, 2002.  We admonish Coleman County  for 
  this violation.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b)  and  0.311  of  the  Rules,8  Coleman  County 
  Telephone  Cooperative, Inc.  IS GRANTED  a waiver  of  Section 
  11.11(a) of  the Rules  from November  5, 2002  until April  1, 
  2003 for the captioned cable television system. 

6.        IT IS  FURTHER ORDERED  that Coleman  County  Telephone 
  Cooperative, 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 Coleman  County  Telephone 
  Cooperative, Inc.  place a copy  of this waiver  in its  system 
  file. 
8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be  sent by  Certified      Mail Return  Receipt  Requested  to 
  counsel for  Coleman County Telephone  Cooperative, Inc.,  John 
  Kuykendall, Esq., Kraskin, Lesse & Cosson, LLP, 2120 L  Street, 
  N.W., Suite 520, Washington, D.C. 20037.

                         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 We clarify that  the waiver we are granting also  encompasses 
the EAS testing and monitoring requirements.  

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