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

In the Matter of                )
                                )
C&W Enterprises, Inc. d/b/a Sterling Cable   )    File No. EB-02-
TS-615
                                )
Operator of Wireless Cable System in:)
                                )    
San Angelo, Texas               )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  October 21, 2003              Released:   October   23, 
2003

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

1.        In this  Order, we  grant C&W  Enterprises, Inc.  d/b/a 
  Sterling  Cable (``Sterling'')  a temporary  waiver of  Section 
  11.11(a) of the  Commission's Rules (``Rules'') for the  above-
  captioned wireless  cable television system.  Section  11.11(a) 
  requires  wireless  cable  systems  serving  fewer  than  5,000 
  subscribers from a  single transmission site 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  

3.        On September 30, 2002, Sterling filed an  informational 
  notification of its  status in complying with Section  11.11(a) 
  for the captioned wireless cable system.  In the  notification, 
  Sterling  stated that  it  placed  a purchaser  order  for  EAS 
  equipment on  September 19, 2002 for  its small wireless  cable 
  system which serves approximately 3,500 subscribers.   Sterling 
  further  stated  that  it expected  the  EAS  equipment  to  be 
  delivered by  October 18, 2002 and  to immediately install  the 
  equipment.  Sterling submitted  that after installation of  EAS 
  equipment at its  wireless cable system is completed, it  shall 
  promptly  notify  the   Commission  that  its  EAS  system   is 
  operational.   On July  16, 2003,  Sterling filed  a  follow-up 
  informational  notification.    Sterling  asserts  that   after 
  rectifying  technical  problems,   its  EAS  system  is   fully 
  operational and in compliance with Section 11.11(a).  

4.        Based upon our review  of the information submitted  by 
  Sterling, we  conclude that Sterling's  notification should  be 
  treated  as  a  request  for  a  temporary  waiver  of  Section 
  11.11(a).  We also conclude that a temporary waiver of  Section 
  11.11(a)   for  the   captioned   wireless  cable   system   is 
  warranted.7  

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and 0.311 of the Rules,8 C&W Enterprises,  Inc. 
  d/b/a Sterling  Cable IS GRANTED a  waiver of Section  11.11(a) 
  of the  Rules until July  16, 2003 for  the captioned  wireless 
  cable television system.

6.        IT IS FURTHER ORDERED that C&W Enterprises, Inc.  d/b/a 
  Sterling Cable place a copy of this waiver in its system file. 

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for  C&W Enterprises,  Inc. d/b/a  Sterling Cable,  Suzanne  S. 
  Goodwyn, Esq., 1661  Hunting Creek Drive, Alexandria  Virginia, 
  22314.

                         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  The waiver will extend from October 1, 2002, until July  16, 
2003.  We  also clarify  that  the waiver  we are  granting  also 
encompasses the EAS testing and monitoring requirements.  

  8 47 C.F.R.  0.111, 0.204(b) and 0.311.