Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                )
                                )
Advanced Technologies & Technical    )  File No. EB-02-TS-714
Resources, Inc.                 )
                                )
Operator of Cable Systems in:   )
                                )
Village of Ste. Marie, Illinois )
Village of Willow Hill, Illinois)
Village of Iuka, Illinois       )    
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  August 19, 2003               Released:    August   21, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In  this  Order,  we  grant  Advanced  Technologies   & 
  Technical   Resources,    Inc.   (``Advanced    Technologies'') 
  temporary  waivers  of Section  11.11(a)  of  the  Commission's 
  Rules   (``Rules'')  for   the  three   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.        Advanced Technologies  filed a  request for  temporary, 
  36-month waivers  of Section 11.11(a)  for the three  captioned 
  cable systems on November  29, 2002.  In support of its  waiver 
  request, Advanced  Technologies states that  the systems  serve 
  small,  rural   communities  and   have  between   13  and   66 
  subscribers. Based  on price quotes  provided by EAS  equipment 
  manufactures,  Advanced Technologies  estimates that  it  would 
  cost a total of approximately $28,500 to install EAS  equipment 
  at these systems.  Advanced Technologies asserts that the  cost 
  of  installing EAS  equipment  at  the systems  will  impose  a 
  substantial  financial hardship  on it  and provides  financial 
  statements for 2000 and 2001 in support of this assertion.   In 
  addition, Advanced  Technologies submits  that its  subscribers 
  will continue to have ready access to national EAS  information 
  from  other sources,  including  its cable  systems.   In  this 
  regard,  Advanced  Technologies  notes  that  its   subscribers 
  currently have access to  national EAS messages on at least  76 
  percent  of  all programmed  channels.   Advanced  Technologies 
  also  asserts 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  Advanced Technologies,  we  conclude 
  that temporary  waivers of Section  11.11(a) for the  captioned 
  systems  from November  29,  2002  until October  1,  2005  are 
  warranted.9  However,  we note that  Advanced Technologies  did 
  not file its waiver request until November 29, 2002, after  the 
  October 1,  2002 deadline for cable  systems serving 10,000  or 
  fewer  subscribers to  install  EAS equipment.   We  find  that 
  Advanced Technologies  was in violation  of the requirement  in 
  Section  11.11(a) of  the Rules  to  install EAS  equipment  by 
  October 1,  2002.  We admonish  Advanced Technologies 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   Advanced 
  Technologies &  Technical Resources, Inc.  IS GRANTED a  waiver 
  of Section 11.11(a) of  the Rules from November 29, 2002  until 
  October  1,  2005 for  the  three  captioned  cable  television 
  systems.

7.        IT IS  FURTHER  ORDERED that  Advanced  Technologies  & 
  Technical  Resources,  Inc. 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  Advanced  Technologies  & 
  Technical Resources,  Inc. 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  Advanced   Technologies  &   Technical  Resources,   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 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.