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

In the Matter of                )
                                )
Charter Communications, Inc.    )    File No. EB-02-TS-459
                                )
Operator of Cable Systems in the States of:  )
                                )
Colorado, Georgia, Idaho, Illinois, Indiana, )
Kentucky, Louisiana, Michigan, Mississippi,  )
Missouri, Nebraska, Nevada, North Carolina,  )
Oklahoma, Tennessee, Texas, Utah, Washington      )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  February 25, 2003             Released:  March 3, 2003

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

1.         In this Order,  we grant Charter Communications,  Inc. 
  (``Charter Cable'') temporary,     36-month waivers of  Section 
  11.11(a) of  the Commission's  Rules (``Rules'')  for 69  cable 
  television  systems  in  18  above-captioned  states.   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.        On  August  23,  2002,  Charter  filed  a  request  for 
  temporary,  three-year  waivers  of  Section  11.11(a)  for  69 
  small,  rural  cable  systems  in  the  18  captioned   states.  
  Charter  states that  these cable  systems serve  100 or  fewer 
  subscribers.  Based on  price quotes provided by EAS  equipment 
  manufacturers, Charter estimates that it would cost a total  of 
  approximately  $655,500 to  install  EAS equipment  at  the  69 
  systems.   Charter  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,  Charter submits that its  subscribers 
  will continue to have ready access to national EAS  information 
  from other sources, including its cable systems.  Charter  also 
  asserts  that   its  subscribers  will   have  access  to   EAS 
  information   through  over-the-air   reception  of   broadcast 
  television and radio stations.  Finally, Charter believes  that 
  it can  ensure that  all stand  alone systems  comply with  EAS 
  requirements within three years.

4.        Based upon our review of  the financial data and  other 
  information submitted by  Charter, we conclude that  temporary, 
  36-month waivers of  Section 11.11(a) for the 69 cable  systems 
  in  the captioned  states are  warranted.9  In  particular,  we 
  find that the estimated $655,500 cost to install EAS  equipment 
  at these  cable systems  could impose a  financial hardship  on 
  Charter.  

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, if  such  a  device 
  becomes  available.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   Charter 
  Communications, Inc.  IS GRANTED a  waiver of Section  11.11(a) 
  of the  Rules until  October 1,  2005 for  69 cable  television 
  systems listed in Attachment A. 

7.        IT IS FURTHER ORDERED that Charter Communications, Inc. 
  place a copy of this waiver 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  Charter  Communications, Inc.,  Timothy  P.  Tobin,  Esq., 
  Cole, Raywid & Braverman, LLP, 1919 Pennsylvania Avenue,  N.W., 
  Suite 200, Washington, D.C.  20006.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
Division
                         Enforcement Bureau
                                             Attachment A

     Charter Communications, Inc.

     Cable Systems:                     Waivers Granted Until:   

     Colorado
     Fleming, Colorado                  October 1, 2005

     Georgia
     Tignall, Georgia                   October 1, 2005          

     Idaho
     Donnelly, Idaho                         October 1, 2005

     Illinois
     Enfield, Illinois                       October 1, 2005

     Indiana
     Lynnville, Indiana                 October 1, 2005
     Troy, Indiana                      October 1, 2005

     Kentucky
     Bradfordsville, Kentucky           October 1, 2005
     Greenup, Kentucky                  October 1, 2005

     Louisiana
     Dixie Inn, Louisiana                    October 1, 2005
     Sicily Island, Louisiana                October 1, 2005
     Tangipahoa Village, Louisiana           October 1, 2005

     Michigan 
     Ashley, Michigan                   October 1, 2005
     Barryton, Michigan                 October 1, 2005
     Barton City, Michigan                   October 1, 2005
     Brethren, Michigan                 October 1, 2005
     Broomfield, Michigan                    October 1, 2005
     Freesoil, Michigan                 October 1, 2005
     Luzerne, Michigan                  October 1, 2005
     Mesick, Michigan                   October 1, 2005     
     Mikado, Michigan                   October 1, 2005
     Perrinton, Michigan                October 1, 2005
     Prescot, Michigan                  October 1, 2005
     Sterling, Michigan                 October 1, 2005
     Wellston, Michigan                 October 1, 2005
     Woodland, Michigan                 October 1, 2005
     


     Cable Systems:                     Waivers Granted Until:   

     Mississippi
     Osyka, Mississippi                 October 1, 2005
     
     Missouri
     Annapolis, Missouri                October 1, 2005
     Bell City, Missouri                October 1, 2005
     Cairo, Missouri                         October 1, 2005
     Chamois, Missouri                  October 1, 2005
     Fisk, Missouri                     October 1, 2005
     Qulin, Missouri                         October 1, 2005
     
     Nebraska
     Boelus, Nebraska                   October 1, 2005
     Elba, Nebraska                     October 1, 2005
     Dannebrog, Nebraska                October 1, 2005
     Mason City, Nebraska                    October 1, 2005
     Oconto, Nebraska                   October 1, 2005
     Talmage, Nebraska                  October 1, 2005

     Nevada
     Lockwood, Nevada                   October 1, 2005

     North Carolina
     Ashe, North Carolina                    October 1, 2005

     Oklahoma
     Adair, Oklahoma                    October 1, 2005
     Agra, Oklahoma                October 1, 2005
     Boynton, Oklahoma                  October 1, 2005
     Carney, Oklahoma                   October 1, 2005
     Cromwell, Oklahoma                 October 1, 2005
     Colcord, Oklahoma                  October 1, 2005
     Depew, Oklahoma                    October 1, 2005
     Dustin, Oklahoma                   October 1, 2005
     Hulbert, Oklahoma                  October 1, 2005
     Kansas, Oklahoma                   October 1, 2005
     Kellyville, Oklahoma                    October 1, 2005
     Luther, Oklahoma                   October 1, 2005
     Marland, Oklahoma                  October 1, 2005
     Milburn, Oklahoma                  October 1, 2005
     Porter, Oklahoma                   October 1, 2005
     Tryon, Oklahoma                    October 1, 2005
     Wyandotte, Oklahoma                October 1, 2005



     Cable Systems:                     Waivers Granted Until:   

     Tennessee
     West Pointe, Tennessee                  October 1, 2005

     Texas
     Kosse, Texas                       October 1, 2005
     Leona, Texas                       October 1, 2005
     Lipan, Texas                       October 1, 2005
     Midway, Texas                      October 1, 2005
     North Zulch, Texas                 October 1, 2005
     Richland Springs, Texas                 October 1, 2005
     Spicewood Beach, Texas             October 1, 2005
     Tilden, Texas                      October 1, 2005

     Utah
     Rockville, Utah                         October 1, 2005

     Washington
     Northport, Washington                   October 1, 2005
     Starbuck, Washington                    October 1, 2005

_________________________

  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 The 12-month waiver  will extend from October 1, 2002,  until 
October 1, 2003, and the 36-month waiver will extend from October 
1, 2002 until October  1, 2005.  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.