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

In the Matter of                )
                                )
Youngsville Television Corporation a/k/a     )
Youngsville TV Corp.           )     File No. EB-02-TS-266
                                )
Operator of Cable System in:    )
                                )
Broken Straw Township, Pennsylvania  )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 


Adopted:  October 7, 2003               Released:    October   9, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this  Order,  we  deny the  request  of  Youngsville 
  Television    Corporation   a/k/a    Youngsville    TV    Corp. 
  (``Youngsville'') to extend  the temporary, 12-month waiver  of 
  Section  11.11(a)   of  the   Commission's  Rules   (``Rules'') 
  previously  granted for  the above-captioned  cable  television 
  system.1   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, 2002.2 

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.3  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.4  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.5  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).6    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.7  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.

3.        On April 30,  2002, Youngsville filed  a request for  a 
  waiver  of Section  11.11(a) of  the  Rules for  the  captioned 
  cable system.   In its waiver  request, Youngsville noted  that 
  its small cable system served approximately 1,200  subscribers.  
  In support  of its  waiver request,  Youngsville asserted  that 
  the  estimated cost  to install  EAS equipment  would impose  a 
  substantial financial  hardship on it  due to the  cost of  its 
  recent  system  upgrades.  On  October  25,  2002,  we  granted 
  Youngsville a  temporary, 12-month waiver  of Section  11.11(a) 
  for its small  cable system.8  We concluded that the  financial 
  data and  other information  submitted by  Youngsville did  not 
  justify a waiver period of longer duration.  

4.        On June 11,  2003, Youngsville  filed a  request for  a 
  one-year  or  two-year extension  to  the  temporary,  12-month 
  waiver  granted in  the Waiver  Order for  the captioned  cable 
  system.   Youngsville states  that  it has  1,250  subscribers.  
  Youngsville  provides  a  financial  statement  for  2002   and 
  updated  information  regarding operational  expenses  for  the 
  captioned cable system in  support of its request for a  waiver 
  extension. 

5.        Based upon our review of the additional financial  data 
  and other information submitted by Youngsville, we do not  find 
  that an  extension of the 12-month  waiver of Section  11.11(a) 
  of  the  Rules  granted  for  the  captioned  cable  system  is 
  warranted.   In   particular,  the   information  provided   by 
  Youngsville does not support financial hardship of a  magnitude 
  that  would   warrant  a  waiver   extension  to  install   EAS 
  equipment.  Accordingly, we  deny Youngsville's request for  an 
  EAS waiver extension.

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b),  0.311 of the  Rules,9 Youngsville  Television 
  Corporation a/k/a Youngsville  TV Corp.'s request for a  waiver 
  extension IS DENIED. 
7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent  by Certified  Mail Return Receipt  Requested to  Felix 
  Matthews, President,  Youngsville Television Corporation  a/k/a 
  Youngsville  TV  Corp.,   3  West  Main  Street,   Youngsville, 
  Pennsylvania 16371. 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Spectrum Enforcement Division
                         Enforcement Bureau
_________________________

  1 Youngsville  Television Corporation, 17  FCC Rcd 20849  (Enf. 
Bur., Tech. & Pub. Safety Div., 2002) (``Waiver Order'').

  2 47 C.F.R.  11.11(a).

  3 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).  

  4 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), reconsideration  granted in  part, 
denied in part, 10 FCC Rcd 11494 (1995).

  5 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).

  6 Id. at 15512-13.

  7 Id. at 15516-15518.

  8 17 FCC Rcd at 20849.

  9 47 C.F.R.  0.111, 0.204(b), 0.311.