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

In the Matter of                )
Nucentrix Broadband Networks, Inc.   )  File No. EB-02-TS-628
Operator of Cable Systems in the States of:  )
Arkansas, Kansas, Illinois, Missouri,)
Oklahoma, and Texas             )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    

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

By the Chief, Technical  and Public Safety Division,  Enforcement 

1.        In this Order, we  grant Nucentrix Broadband  Networks, 
  Inc.  (``Nucentrix'') temporary,  36-month waivers  of  Section 
  11.11(a) of  the Commission's  Rules (``Rules'')  for 55  cable 
  television systems in the six above-captioned states.   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  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 September 26,  2002, Nucentrix filed  a request  for 
  temporary,  36 month  waivers  of    Section  11.11(a)  for  55 
  small,  rural wireless  cable television  systems operating  in 
  the six  captioned states.  In support  of its waiver  request, 
  Nucentrix  states  that  these  wireless  cable  systems  serve 
  between  53 and  3,997 subscribers.   Nucentrix further  states 
  that  it  believes  that  there  are  competing  cable  service 
  providers in each one  of its 55 markets and it plans to  cease 
  video service  operation once its  subscribers have been  given 
  an opportunity to  switch to another video provider.  Based  on 
  price   quotes  provided   by  EAS   equipment   manufacturers, 
  Nucentrix estimates that it  would cost a total of $250,000  to 
  install  EAS equipment  at  these systems.   Nucentrix  asserts 
  that  the cost  of installing  EAS equipment  at these  systems 
  will  impose  a  substantial  financial  hardship  on  it   and 
  provides  financial  statements for  1999,  2000  and  2001  in 
  support  of this  assertion.   In addition,  Nucentrix  submits 
  that  its subscribers  will continue  to have  ready access  to 
  national  EAS information  from  other sources,  including  its 
  cable  systems.  Nucentrix  also asserts  that its  subscribers 
  will  have  access  to  EAS  information  through  over-the-air 
  reception of broadcast television and radio stations and  other 
  sources.  Finally, Nucentrix believes that it can complete  the 
  conversion  of its  subscribers to  other video  providers  and 
  cease operations within the next 36 months.

4.        Based upon our review of  the financial data and  other 
  information   submitted   by  Nucentrix,   we   conclude   that 
  temporary,  36-month waivers  of Section  11.11(a) for  the  55 
  cable  television systems  are warranted.9   In particular,  we 
  find  that the  estimated $250,000  cost of  EAS equipment  for 
  these  cable  systems could  impose  a  financial  hardship  on 

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and  0.311 of the Rules,10 Nucentrix  Broadband 
  Network, Inc.  IS GRANTED a waiver  of Section 11.11(a) of  the 
  Rules  until October  1,   2005  for the  55  cable  television 
  systems listed in Attachment A. 

6.        IT  IS   FURTHER  ORDERED   that  Nucentrix   Broadband 
  Networks, Inc.  place a  copy of  these waivers  in its  system 

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for Nucentrix Broadband Network, Inc., Peter D. Shields,  Esq., 
  Wiley Rein & Fielding LLP, 1776 K Street, N.W., Washington,  DC 


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
                         Enforcement Bureau

                             Attachment A

     Nucentrix Broadband Networks, Inc.

     Cable Systems:                     Temporary Waiver Granted 
     Paragould, Arkansas                October 1, 2005 

     Beloit, Kansas                     October 1, 2005
     Chanute, Kansas                    October 1, 2005
     Sterling, Kansas                   October 1, 2005
     Manhattan, Kansas                  October 1, 2005
     Marion, Kansas                     October 1, 2005
     Medicine Lodge/Anthony, Kansas          October 1, 2005
     Champaign, Illinois                October 1, 2005
     Freeport, Illinois                 October 1, 2005
     Jacksonville, Illinois                  October 1, 2005
     Macomb, Illinois                   October 1, 2005
     McLeansboro, Illinois                   October 1, 2005
     Olney, Illinois                         October 1, 2005
     Peoria, Illinois                        October 1, 2005
     Taylorville, Illinois                   October 1, 2005
     Vandalia, Illinois                 October 1, 2005

     Monroe City, Missouri                   October 1, 2005
     Montgomery City, Missouri               October 1, 2005
     Sikeston, Missouri                 October 1, 2005

     Ada, Oklahoma                      October 1, 2005
     Ardmore, Oklahoma                  October 1, 2005
     Enid, Oklahoma                October 1, 2005
     Lawton, Oklahoma                   October 1, 2005
     Lindsay, Oklahoma                  October 1, 2005
     McAlester, Oklahoma                October 1, 2005
     Muskogee, Oklahoma                 October 1, 2005
     Stillwater, Oklahoma                    October 1, 2005
     Tulsa, Oklahoma                    October 1, 2005
     Watonga, Oklahoma                  October 1, 2005
     Weatherford, Oklahoma                   October 1, 2005
     Woodward, Oklahoma                 October 1, 2005

     Cable Systems:                     Temporary Waiver Granted 

     Abilene, Texas                     October 1, 2005
     Austin, Texas                      October 1, 2005
     Corpus Christi, Texas                   October 1, 2005
     Corsicana, Texas                   October 1, 2005
     Gainesville, Texas                 October 1, 2005
     George West, Texas                 October 1, 2005
     Hamilton, Texas                    October 1, 2005
     Jourdanton, Texas                  October 1, 2005
     Kerrville, Texas                        October 1, 2005
     Kingsville, Texas                  October 1, 2005
     Laredo, Texas                      October 1, 2005
     Lubbock, Texas                     October 1, 2005
     Midland/Odessa, Texas                   October 1, 2005
     Mt. Pleasant, Texas                October 1, 2005
     O'Donnell, Texas                   October 1, 2005
     Olton, Texas                       October 1, 2005
     Paris, Texas                       October 1, 2005
     Ranger, Texas                      October 1, 2005
     Sherman/Denison, Texas             October 1, 2005
     Temple, Texas                      October 1, 2005
     Texarkana, Texas                   October 1, 2005
     Uvalde, Texas                      October 1, 2005
     Waco, Texas                        October 1, 2005
     Wichita Falls, Texas                    October 1, 2005



  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 

  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.