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

In the Matter of                )
                                )
Clearvision Cable Systems, Inc. )    File No. EB-03-TS-069
                                )
Operator of Cable Systems in:   )
                                )    
Beecher City, Illinois          )
Cowden, Illinois                )
Edgewood, Illinois              )
Mulberry Grove, Illinois        )
Pocahontas, Illinois            )
Pierron, Illinois               )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  August 15, 2003               Released:    August   19, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this Order, we grant Clearvision Cable Systems, Inc. 
  (``Clearvision Cable'') temporary, 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.        Clearvision Cable filed  a request  for temporary,  36-
  month waivers of Section 11.11(a) for the six captioned  small, 
  rural  cable systems  on  March 5,  2003.   In support  of  its 
  waiver  request,  Clearvision Cable  states  that  these  cable 
  systems were acquired on January 1, 20039 and, together,  serve 
  a total of 268 subscribers.  Based on price quotes provided  by 
  EAS equipment  manufacturers, Clearvision Cable estimates  that 
  it would cost a  total of approximately $45,000 to install  EAS 
  equipment  at these  systems.  Clearvision  Cable asserts  that 
  this cost  will impose a substantial  financial hardship on  it 
  and  provides its  financial statement  for the  period  ending 
  February 28, 2003  in support of this assertion.  In  addition, 
  Clearvision Cable  submits that its  subscribers will  continue 
  to have  ready access  to national EAS  information from  other 
  sources,  including  its   cable  systems.   In  this   regard, 
  Clearvision  Cable notes  that its  subscribers currently  have 
  access to national EAS  messages on at least 62 percent of  all 
  programmed channels.  Clearvision  Cable also 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 Clearvision Cable,  we conclude  that 
  temporary waivers  of Section  11.11(a) for  the six  captioned 
  systems  from  March   5,  2003  until  October  1,  2005   are 
  warranted.10   In  particular,  we  find  that  the   estimated 
  $45,000 cost  of EAS  equipment for these  small cable  systems 
  could impose a financial hardship on Clearvision Cable.  

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.11  Based on  comments 
  from  equipment  manufacturers,  we  anticipate  that  such   a 
  decoder-only system  could result in  significant cost  savings 
  to small cable systems.12  

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b) and  0.311 of  the Rules,13  Clearvison  Cable 
  Systems, Inc.  IS GRANTED  waivers of Section  11.11(a) of  the 
  Rules  from March 5,  2003 until  October 1, 2005  for the  six 
  captioned cable television systems.

7.        IT IS FURTHER ORDERED  that Clearvision Cable  Systems, 
  Inc. place a copy of these waivers 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 Clearvision Cable  Systems, Inc., Christopher C.  Cinnamon, 
  Esq., Cinnamon Mueller, 307 North Michigan Avenue, Suite  1020, 
  Chicago, Illinois 60601.  

                         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  Clearvision  Cable acquired  the  six  systems  from  Galaxy 
American  Communications.   Commission   staff  hasd   previously 
granted Galaxy American  temporary, 36-month waivers  of the  EAS 
requirements for  four of  these  systems.  See  Galaxy  American 
Communications, L.L.C. d/b/a Cable Direct, 17 FCC Rcd 19366 (Enf. 
Bur., Tech. & Public Safety Div., 2002).

  10 We clarify that  the waivers we are granting also  encompass 
the EAS testing and monitoring requirements.  

  11 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).

  12 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.

  13 47 C.F.R.  0.111, 0.204(b) and 0.311.