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

In the Matter of                )
                                )
Marianas Cablevision, Inc.      )    File No. EB-02-TS-383
                                )
Operator of Cable Systems in:   )
                                )    
The Commonwealth of Northern Mariana )
Islands of Saipan and Rota      )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  July 9, 2003                  Released:  July 14, 2003

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

1.        In this  Order,  we grant  Marianas  Cablevision,  Inc. 
  (``MCV'') a temporary,  36-month waiver 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  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.        On August 1, 2002, MCV  filed a request for  temporary, 
  36-month  waivers of  Section 11.11(a)  for the  two  captioned 
  cable  television systems.   In  support of  its  request,  MCV 
  states  that these  small, cable  systems  are located  in  the 
  Pacific  Ocean  approximately 6,000  miles  from  Los  Angeles, 
  California.  MCV  also states  that the  Saipan headend  serves 
  approximately 6,500  subscribers in the  communities of  Saipan 
  and  Tinian  and the  Rota  headend  serves  approximately  450 
  subscribers in  the community of Rota.   Based on price  quotes 
  provided by EAS equipment manufacturers, MCV estimates that  it 
  would cost  approximately $34,750 to  install EAS equipment  at 
  the two  systems.  MCV  asserts that  this cost  will impose  a 
  substantial  financial   hardship  on  it   and  provides   its 
  financial  statements for  2000 and  2001  in support  of  this 
  assertion.  In addition, MCV submits that there are no  sources 
  transmitting  live video  signals to  the Mariana  Islands  and 
  because  it   is  beyond   the  footprint   of  U.S.   domestic 
  satellites,  the satellite  feeds that  MCV receives  are  from 
  other countries.   MCV also  submits that  it transmits  costly 
  videotaped  programming, which  is delayed  one week  from  its 
  domestic presentation in  the U.S. West Coast.  MCV notes  that 
  although the  Mariana Island radio  stations receive  emergency 
  weather messages transmitted  by NOAA radio, there is no  over-
  the-air reception of television broadcast service.  

4.        The EAS system in the Marianas  is in a major state  of 
  flux.  EAS  officials from  the Marianas are  working with  EAS 
  staff  at  the FCC  and  Primary  Entry Point  staff  from  the 
  Department of  Homeland Security, Federal Emergency  Management 
  Agency  (FEMA)  to  identify a  primary  entry  point  for  the 
  Marianas and ensure the creation of a functioning EAS system.

5.        Based upon our review of  the financial data and  other 
  information submitted by MCV, and the present state of flux  of 
  the EAS system in the Marianas, we conclude that temporary,  36 
  month waivers of  Section 11.11(a) for the two captioned  cable 
  systems  are  warranted.9  In  particular,  we  find  that  the 
  estimated $34,750  cost of EAS equipment  for this small  cable 
  system could impose a financial hardship on MCV.  

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,   0.204(b)   and  0.311   of   the   Rules,10   Marianas 
  Cablevision, Inc.  IS GRANTED a waiver  of Section 11.11(a)  of 
  the Rules for the two captioned cable television systems  until 
  October 1, 2005.

7.        IT IS FURTHER ORDERED  that Marianas Cablevision,  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 Marianas Cablevision, Inc., John Wells King, Esq.,  Garvey, 
  Schubert  & Barer,  Fifth  Floor, 1000  Potomac  Street,  N.W., 
  Washington, DC 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 Id. at 15513.

  8 Id. at 15513, n. 59.

  9 The  waivers will extend from  October 1, 2002 until  October 
1, 2005.    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.