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

In the Matter of                )
                                )
D&P Cable, Inc.                 )    File No. EB-02-TS-673
                                )
Operator of Cable System in:    )
                                )    
Petersburg, Michigan            )
                                )
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 D&P Cable, Inc. (``D&P Cable'') 
  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.        D&P Cable filed  a request for  a temporary,  six-month 
  waiver of  Section 11.11(a) for the  captioned cable system  on 
  October 21, 2002.  In support of its waiver request, D&P  Cable 
  states that  shipment of  EAS equipment for  this small,  rural 
  cable  system,   with  approximately  2,950  subscribers,   was 
  scheduled  for delivery  in  August 2002.   D&P  Cable  further 
  states  that the  EAS equipment  was  delivered late  and  once 
  installed  did  not work  properly.   D&P  Cable  submits  that 
  although  its vendor  promised prompt  delivery of  replacement 
  EAS equipment, there has  been a delay.  D&P Cable asserts  its 
  subscribers will continue to have ready access to national  EAS 
  information  from other  sources, including  its cable  system.  
  Finally, D&P  Cable 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 
  D&P  Cable, we  conclude that  a  temporary waiver  of  Section 
  11.11(a) for the  captioned cable system from October 21,  2002 
  until April 1, 2003  is warranted.7  However, we note that  D&P 
  Cable did not file  its waiver request until October 21,  2002, 
  after the  October 1, 2002 deadline  for cable systems  serving 
  10,000 or fewer subscribers to install EAS equipment.  We  find 
  that D&P Cable was  in violation of the requirement in  Section 
  11.11(a) of  the Rules to install  EAS equipment by October  1, 
  2002.  We admonish D&P Cable for this violation.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b)  and 0.311 of  the Rules,8 D&P  Cable, Inc.  IS 
  GRANTED a waiver of Section 11.11(a) of the Rules from  October 
  21,  2002  until   April  1,  2003  for  the  captioned   cable 
  television system.

6.        IT  IS  FURTHER  ORDERED   that  D&P  Cable,  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 D&P Cable, 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 D&P Cable, Inc., 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.