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

In the Matter of                )
                                )
CCS, LLC d/b/a Community Cable Service  )    File  No.  EB-02-TS-
653
                                )
Operator of Cable Systems in:   )
                                )    
Connell, Washington             )
Ione, Washington                )
Lind, Washington                )
Liberty Lake, Washington        )
Kahlotus, Washington            )
Odessa, Washington              )
Ritzville,, Washington          )
Tekoa, Washington               )    
Warden, 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 CCS, LLC d/b/a Community  Cable 
  Service (``CCS'') temporary waivers of Section 11.11(a) of  the 
  Commission's  Rules (``Rules'')  for the  nine  above-captioned 
  cable television systems.   Specifically, we grant a  six-month 
  waiver for  one cable  system in Liberty  Lake, Washington  and 
  36-month waivers for  the eight other captioned cable  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.        CCS filed a  request for temporary,  six-month and  36-
  month waivers of Section 11.11(a) for the nine captioned  cable 
  systems  on September  27,  2002.   In support  of  its  waiver 
  request, CCS states that these are small, rural cable  systems.  
  CCS further  states that  the Liberty  Lake, Washington  system 
  serves  1,496  subscribers and  the  Connell,  Ione,  Kahlotus, 
  Lind, Odessa, Ritzville,  Tekoa and Warden, Washington  systems 
  serve between 22 and 518 subscribers.  Additionally, CCS  notes 
  that EAS equipment for its Liberty Lake system is on  backorder 
  and  will be  installed upon  delivery.   Based on  the  $7,000 
  manufacturer price  to install EAS  equipment at Liberty  Lake, 
  CCS  estimates that  it  would cost  approximately  $56,000  to 
  install EAS equipment at the remaining eight cable systems  for 
  a  total cost  of $63,000.   CCS asserts  that this  cost  will 
  impose a substantial financial hardship on it and provides  its 
  financial  statements for  2000, 2001  and 2002  in support  of 
  this assertion.  In addition, CCS submits that its  subscribers 
  will continue to have ready access to national EAS  information 
  from  other sources,  including  its cable  systems.   In  this 
  regard, CCS  notes that its  subscribers currently have  access 
  to  national  EAS  messages on  at  least  28  percent  of  all 
  programmed channels.  CCS 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 CCS,  we conclude  that a  temporary, 
  six-month  waiver of  Section 11.11(a)  for the  Liberty  Lake, 
  Washington cable system  is warranted, and temporary,  36-month 
  waivers  of Section  11.11(a)  for the  eight  other  captioned 
  cable systems are warranted.9  In particular, we find that  the 
  $63,000 cost  of EAS  equipment for these  small cable  systems 
  could impose a financial hardship on CCS.  

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  CCS,  LLC  d/b/a 
  Community  Cable  Service  IS  GRANTED  a  waiver  of   Section 
  11.11(a)  of  the Rules  until  April  1, 2003  for  the  cable 
  television system in Liberty Lake, Washington and IS GRANTED  a 
  waiver of Section 11.11(a)  of the Rules until October 1,  2005 
  for the  cable television systems  in the Connell,  Washington; 
  Ione,  Washington;  Kahlotus,  Washington;  Lind,   Washington; 
  Odessa, Washington;  Ritzville, Washington; Tekoa,  Washington, 
  and Warden, Washington.

7.         IT IS  FURTHER ORDERED that  CCS, LLC d/b/a  Community 
  Cable Service 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  CCS, LLC  d/b/a  Community Cable  Service  Christopher  C. 
  Cinnamon, Esq.,  Cinnamon Mueller, 307  North Michigan  Avenue, 
  Suite 1020, Chicago, Illinois 60601.  

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
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 The six-month waiver will extend from October 1, 2002,  until 
April 1, 2003, and the 36-month waivers 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.