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

In the Matter of                )
                                )
Cableview Communications, Inc.  )  File No. EB-03-TS-031
                                )
Operator of Cable System in:    )
                                )
Yolo County, California         )
                                )    
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 Cableview Communications,  Inc. 
  (``Cableview'') 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  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.        Cableview filed  a request  for a  temporary,  36-month 
  waiver of  Section 11.11(a) for the  captioned cable system  on 
  January 9, 2003.   In support of its waiver request,  Cableview 
  states  that this  is small,  rural cable  system which  serves 
  approximately 345 subscribers.  Based on price quotes  provided 
  by  EAS equipment  manufacturers, Cableview  estimates that  it 
  would cost  approximately $7,000  to install  EAS equipment  at 
  this  cable  system. Cableview  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,   Cableview   submits   that   its 
  subscribers will continue to have ready access to national  EAS 
  information  from other  sources, including  its cable  system.  
  In this regard, Cableview notes that its subscribers  currently 
  have  access to  national EAS  messages on  38 percent  of  all 
  programmed  channels.   Cableview  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   Cableview,  we  conclude  that   a 
  temporary waiver of  Section 11.11(a) for the captioned  system 
  from  January 9,  2003 until  October  1, 2005  is  warranted.9  
  However,  we  note  that Cableview  did  not  file  its  waiver 
  request  until January  9,  2003,  after the  October  1,  2002 
  deadline for cable systems serving 10,000 or fewer  subscribers 
  to  install EAS  equipment.   We  find that  Cableview  was  in 
  violation of the  requirement in Section 11.11(a) of the  Rules 
  to  install EAS  equipment by  October  1, 2002.   We  admonish 
  Cableview 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   Cableview 
  Communications, Inc.  IS GRANTED a  waiver of Section  11.11(a) 
  of the  Rules from January  9, 2003 until  October 1, 2005  for 
  the captioned cable television system. 

7.        IT IS  FURTHER ORDERED  that Cableview  Communications, 
  Inc. IS  ADMONISHED for  violating the  requirement in  Section 
  11.11(a) of  the Rules to in  stall EAS equipment by  October1, 
  2002.

8.        IT IS  FURTHER ORDERED  that Cableview  Communications, 
  Inc. place a copy of this waiver in its system file.

9.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for Cableview  Communications, 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 waiver we are granting also  encompasses 
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.