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

In the Matter of                )
                                )
Hancel, Inc. d/b/a Hancock Video)    File No. EB-02-TS-613
                                )
Operator of Cable Systems in:   )
                                )    
Hancock, New York               )
Lakewood, Pennsylvania          )
                                )
Request for Waivers 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  Hancel, Inc.  d/b/a  Hancock 
  Video  (``Hancel'')  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 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.        Hancel filed a request for temporary, two-month waivers 
  of  Section 11.11(a)  for the  two captioned  cable systems  on 
  September 30, 2002.   In support of its waiver request,  Hancel 
  states that  it has ordered  EAS equipment for  the two  small, 
  rural  cable systems  which, together,  serve less  than  1,200 
  subscribers.   Based on  information  provided by  its  vendor, 
  Hancel  further  states  that  the  EAS  equipment  should   be 
  delivered by  November 1,  2002.  In  addition, Hancel  submits 
  that  its subscribers  will continue  to have  ready access  to 
  national  EAS information  from  other sources,  including  its 
  cable systems.  Hancel also submits that subscribers will  have 
  access  to EAS  information through  over-the-air reception  of 
  broadcast  television  and  radio  stations.   Finally,  Hancel 
  believes  that  it  can  bring  the  two  cable  systems   into 
  compliance with EAS requirements by December 1, 2002.

4.        Based upon our review  of the information submitted  by 
  Hancock Video,  we conclude that  temporary, two-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  Hancel, Inc.  d/b/a 
  Hancock Video  IS GRANTED a waiver  of Section 11.11(a) of  the 
  Rules  until December  1,  2002  for the  two  captioned  cable 
  television systems.

6.        IT IS FURTHER ORDERED  that Hancel, Inc. d/b/a  Hancock 
  Video 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  Hancel, Inc.  d/b/a Hancock  Video, Marci  E.  Greenstein, 
  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 The waivers will extend from October 1, 2002, until  December 
1, 2002.   Additionally, we  clarify that  these 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.