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

In the Matter of                )
                                )
Golden West Cablevision, Inc.   )    File No. EB-02-TS-647
                                )
Operator of Cable System in:    )
                                )    
Wall, South Dakota              )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  July 21, 2003                 Released:  July 23, 2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this Order, we  grant Golden West Cablevision,  Inc. 
  (``GWC'')  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.   GWC filed  a  request  for a  temporary,  45-day  waiver  of 
  Section 11.11(a) for  the captioned cable system on October  1, 
  2002.  In  support of its  waiver request, GWC  states that  it 
  installed EAS  equipment for the  captioned cable system  which 
  serves   12  small,   rural  communities   with  a   total   of 
  approximately   2,118   subscribers.   In   addition   to   the 
  programming  the  twelve  communities  receive  from  the  Wall 
  headend, eight  of those communities  have implemented a  local 
  school channel.  GWC states that it installed EAS equipment  at 
  the Wall  headend and  also installed remote  hub equipment  in 
  the eight communities with  a local school channel in order  to 
  override the  local school  programming when  GWC transmits  an 
  EAS  alert  on  its system.   GWC  further  states  that  after 
  installing the  remote hubs,  it found  that demodulators  were 
  needed  for the  remote hubs  to function  properly.  Based  on 
  information   provided  by   its   vendor,  GWC   expects   the 
  demodulators will be shipped on October 15, 2002.  GWC  asserts 
  that  subscribers in  the  eight communities  can  receive  EAS 
  alerts  on all  programming channels  except the  local  school 
  channels.  GWC believes it can bring the system's local  school 
  channels into EAS compliance within 45 days. 

4.        Based upon our review  of the information submitted  by 
  GWC, we  conclude that a temporary  waiver of Section  11.11(a) 
  for the captioned cable system is warranted.7  

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b)   and  0.311  of   the  Rules,8  Golden   West 
  Cablevision, Inc.  IS GRANTED a waiver  of Section 11.11(a)  of 
  the  Rules until  November 15,  2002  for the  captioned  cable 
  television system.

6.        IT IS  FURTHER ORDERED  that Golden  West  Cablevision, 
  Inc. place a copy of this waiver in its system file. 

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for Golden  West Cablevision, Inc.,  John A Prendergast,  Esq., 
  Blooston,  Mordkofsky, Dickens,  Duffy  & Prendergast,  2120  L 
  Street, N.W., Suite 520, Washington, D.C. 20037.

                         FEDERAL COMMUNICATIONS COMMISSION       



                         Joseph P. Casey
                         Chief, Spectrum Enforcement 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 waiver will  extend from October 1, 2002, until  November 
15, 2002.   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.