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

In the Matter of                )
                                )
Winnebago Cooperative Telephone Association  )    File No. EB-02-
TS-664
                                )
Operator of Cable System in:    )
                                )    
Thompson, Iowa                  )
                                )
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 Winnebago Cooperative Telephone 
  Association  (``Winnebago'')  a  temporary  waiver  of  Section 
  11.11(a) of the  Commission's Rules (``Rules'') for the  above-
  captioned 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.        Winnebago filed a  request for  a temporary,  six-month 
  waiver of  Section 11.11(a) for the  captioned cable system  on 
  October 11, 2002.  In support of its waiver request,  Winnebago 
  states that  it ordered EAS  equipment in August  2002 for  its 
  small,  rural cable  system  which serves  approximately  2,200 
  subscribers.  Winnebago  further states  that after  installing 
  the  EAS equipment,  it found  certain  components of  the  EAS 
  system missing.  Winnebago  submits that its vendor's  delivery 
  of the missing components has been delayed.  Winnebago  asserts 
  that  its subscribers  will continue  to have  ready access  to 
  national  EAS   information  from   other  sources,   including 
  broadcast  stations  carried on  its  cable  system.   Finally, 
  Winnebago  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 
  Winnebago, we  conclude that  a   temporary  waiver of  Section 
  11.11(a) for the  captioned cable system from October 11,  2003 
  until  April 1,  2003 is  warranted.7   However, we  note  that 
  Winnebago did  not file  its waiver request  until October  11, 
  2002,  after the  October 1,  2002 deadline  for cable  systems 
  serving 10,000 or  fewer subscribers to install EAS  equipment.  
  We find that Winnebago  was in violation of the requirement  in 
  Section  11.11(a) of  the Rules  to  install EAS  equipment  by 
  October 1, 2002.  We admonish Winnebago for this violation.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and 0.311 of the Rules,8 Winnebago  Cooperative 
  Telephone Association IS  GRANTED a waiver of Section  11.11(a) 
  of the Rules from October 11, 2002 until April 1, 2003 for  the 
  captioned cable television system.

6.        IT  IS  FURTHER  ORDERED  that  Winnebago   Cooperative 
  Telephone   Association  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  Winnebago   Cooperative 
  Telephone  Association 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  Winnebago  Cooperative  Telephone  Association,  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  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.