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

In the Matter of                )
                                )
USA Media Group, LLC           )     File No. EB-02-TS-658  
                                )
Operator of Cable Systems in the States of:  )
                                )
California, Idaho, Nevada, Oregon and)
Washington                      )
                                )    
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  August 14, 2003               Released:    August   18, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this Order,  we grant USA  Media Group, LLC,  (``USA 
  Media'')  temporary   waivers  of  Section   11.11(a)  of   the 
  Commission's Rules (``Rules'') for 28 cable television  systems 
  in the five 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.        USA Media  filed  a  request  for  temporary,  36-month 
  waivers of  Section 11.11(a) for 28  cable systems in the  five 
  captioned states on October 4, 2002.  In support of its  waiver 
  request, USA  Media states  that these are  small, rural  cable 
  systems which serve  between 19 and 477 subscribers.  Based  on 
  price  quotes  provided by  EAS  equipment  manufacturers,  USA 
  Media estimates that  it would cost at a minimum  approximately 
  $238,000 to install EAS equipment at these cable systems.   USA 
  Media  asserts  that  this  cost  will  impose  a   substantial 
  financial hardship on it and provides its financial  statements 
  for 2000 and 2001  in support of this assertion.  In  addition, 
  USA Media  submits that its subscribers  will continue to  have 
  ready access  to national EAS  information from other  sources, 
  including its  cable systems.  USA  Media 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 USA Media, we conclude that  temporary 
  waivers  of  Section  11.11(a)  for  the  28  cable  television 
  systems  from  October  4,  2002  until  October  1,  2005  are 
  warranted.9  However, we note  that USA Media did not file  its 
  waiver  request until  October 4,  2002, after  the October  1, 
  2002  deadline  for  cable  systems  serving  10,000  or  fewer 
  subscribers to install  EAS equipment.  We find that USA  Media 
  was in violation of the requirement in Section 11.11(a) of  the 
  Rules  to  install  EAS  equipment  by  October  1,  2002.   We 
  admonish USA Media for this violation.

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 USA Media Group,  LLC 
  IS  GRANTED a  waiver of  Section 11.11(a)  of the  Rules  from 
  October  4,  2002  until October  1,  2005  for  the  28  cable 
  television systems in Attachment A.

7.        IT IS  FURTHER ORDERED  that USA  Media Group,  LLC  IS 
  ADMONISHED for  violating the requirement  in Section  11.11(a) 
  of the Rules to install EAS equipment by October 1, 2002.

8.        IT IS FURTHER ORDERED that USA Media Group, LLC place a 
  copy of this waiver in its system files.

9.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for USA  Media Group, LLC, Julie  Kaminski Corsig, Esq.,  Davis 
  Wright  Tremaine   LLP,  Suite  450,   1500  K  Street,   N.W., 
  Washington, D.C. 2005-1272.  

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Spectrum Enforcement Division
                         Enforcement Bureau                          Attachment A


USA Media Group, LLC

Cable Systems:                          Temporary Waiver Granted 
Until:   

California                              
Auburn Valley, California                    October 1, 2005     
Bridgeport, California                       October 1, 2005
Chalfant, California                         October 1, 2005
Crowley Lake, California                October 1, 2005
Lee Vining, California                       October 1, 2005

Idaho
Avery, Idaho                            October 1, 2005
Canyon, Idaho                           October 1, 2005
Culdesac, Idaho                              October 1, 2005
Harrison, Idaho                              October 1, 2005
Kooskia, Idaho                          October 1, 2005
Murray, Idaho                           October 1, 2005
Prichard, Idaho                              October 1, 2005
Riggins, Idaho                          October 1, 2005

Nevada
Verdi, Nevada                           October 1, 2005

Oregon
Knappa, Oregon                          October 1, 2005
Westport, Oregon                        October 1, 2005     

Washington
Almira, Washington                      October 1, 2005
Chattaroy, Washington                        October 1, 2005
Chinook Pass, Washington                October 1, 2005
Coulee City, Washington                 October 1, 2005
Davenport, Washington                        October 1, 2005
Diamond Lake, Washington                October 1, 2005
Malaga, Washington                      October 1, 2005
Mattawa, Washington                     October 1, 2005
Orcas Island, Washington                October 1, 2005
Royal City, Washington                       October 1, 2005
Wilbur, Washington                      October 1, 2005
Wilson Creek, Washington                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 
(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 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.