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

In the Matter of                )
                                )
Antilles Wireless, L.L.C., d/b/a Cable USA   )    File No. EB-02-
TS-631
                                )       
Operator of Cable Systems in:   )
                                )    
Borrego Springs, California     )
Ocotillo, California            )
Salton Sea, California          )
Bombay Beach, California        )
Calipatria, California          )
Julian, California              )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  August 12, 2003               Released:    August   14, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this  Order,  we grant  Antilles  Wireless,  L.L.C., 
  d/b/a Cable USA (``Cable USA'') temporary, 36-month waivers  of 
  Section 11.11(a) of the Commission's Rules (``Rules'') for  the 
  six   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  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.        Cable USA  filed  a  request  for  temporary,  36-month 
  waivers  of  Section  11.11(a)  for  the  six  captioned  cable 
  systems  on September  27,  2002.   In support  of  its  waiver 
  request,  Cable USA  states that  these  are six  small,  rural 
  cable  systems, which  serve between  28 and  878  subscribers.  
  Based on price quotes provided by EAS equipment vendors,  Cable 
  USA  estimates that  it would  cost  a total  of  approximately 
  $60,000  to  install EAS  equipment  at  these  cable  systems.  
  Cable  USA asserts  that this  cost will  impose a  substantial 
  financial hardship on  it and provides its financial  statement 
  for January through August, 2002 in support of this  assertion.  
  In  addition,  Cable USA  submits  that  its  subscribers  will 
  continue to have ready access to national EAS information  from 
  other sources,  including its cable  systems.  In this  regard, 
  Cable USA notes  that its subscribers currently have access  to 
  national EAS messages on at least 27 percent of all  programmed 
  channels.  Cable USA further submits that its subscribers  will 
  have access to  EAS information through over-the-air  reception 
  of broadcast television and radio stations.  

4.        Based upon our review of  the financial data and  other 
  information   submitted  by   Cable  USA,   we  conclude   that 
  temporary, 36-month  waivers of  Section 11.11(a)  for the  six 
  captioned systems are warranted.9  In particular, we find  that 
  the estimated  $60,000 cost  of EAS equipment  for these  small 
  cable systems could impose a financial hardship on Cable USA.  

5.        We note that  the Commission recently  amended the  EAS 
  rules  to  permit  cable  systems  serving  fewer  than   5,000 
  subscribers  to   install  FCC-certified  decoder-only   units, 
  rather than  both encoders and  decoders.10  Based on  comments 
  from  equipment  manufacturers,  we  anticipate  that  such   a 
  decoder-only system  could result in  significant cost  savings 
  to small cable systems.11  

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b)  and 0.311 of  the Rules,12 Antilles  Wireless, 
  L.L.C.,  d/b/a  Cable  USA  IS  GRANTED  a  waiver  of  Section 
  11.11(a)  of  the Rules  until  October  1, 2005  for  the  six 
  captioned cable television systems.

7.        IT IS FURTHER ORDERED  that Antilles Wireless,  L.L.C., 
  d/b/a  Cable USA  place a  copy of  this waiver  in its  system 
  files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for Antilles Wireless, L.L.C., d/b/a Cable USA, Julie  Kaminski 
  Corsig, Esq., Davis  Wright Tremaine LLP, 1500 K Street,  N.W., 
  Suite 450, Washington, D.C. 20005-1272.  

                         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 Id. at 15513.

  8 Id. at 15513, n. 59.

  9  The waivers  will extend  from the  October 1,  2002,  until 
October 1, 2005.   We  clarify that the  waivers we are  granting 
also encompass the EAS testing and monitoring requirements.  

  10 Amendment  of Part  11 of the  Commission's Rules  Regarding 
the Emergency Alert System,  EB Docket 01-66, FCC  02-64 at   71 
(released February 26, 2002).

  11 One manufacturer  estimated that an EAS decoder-only  system 
can reduce the cost by 64% over what a cable operator would spend 
for an encoder/decoder unit.  Id. at  70.

  12 47 C.F.R.  0.111, 0.204(b) and 0.311.