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

In the Matter of                )
                                )
Gilmer Cable Television Company )
                               )     File No. EB-04-HS-005
Operator of Cable System in:    )
                                )
Gilmer, Texas                   )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  January 27, 2004              Released:   January   29, 
2004  

By the Director, Office of Homeland Security, Enforcement Bureau:

 1.       On October 29,  2002, Gilmer  Cable Television  Company 
    (``Gilmer'')   was  granted   a   12-month  waiver   of   its 
    obligations  under  section  11.11(a)1  of  the  Commission's 
    Rules (``Rules'').2   In this  Order, we grant Gilmer a  six-
    month extension of that waiver.  

 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   Section 
    11.11(a) of  the Commission's rules   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. 5

 3.        In  1997,  the Commission  amended  the EAS  rules  to 
    provide  financial  relief for  small  cable  systems.6   The 
    Commission declined  to exempt small  cable systems from  the 
    EAS requirements entirely,  however, concluding that such  an 
    exemption would  be inconsistent with  the statutory  mandate 
    of section 624(g).7  The amended rules 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.8  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.9

                  5.          On August 9,  2002, Gilmer filed  a 
request for a temporary, 24-month waiver of section 11.11(a).  In 
its waiver  request, Gilmer  noted that  its small,  rural  cable 
system  served  2,450  subscribers.   Gilmer  asserted  that  the 
estimated cost  to  install  the EAS  equipment  would  impose  a 
substantial financial hardship on  Gilmer and provided  financial 
data for 2000 and 2001 in support of this assertion.   On October 
29, 2002,  we  granted  Gilmer a  temporary  12-month  waiver  of 
section 11.11(a) for its small cable system, concluding that  the 
financial data and other information submitted by Gilmer did  not 
justify a waiver period of longer duration.10  

                  6.               On September 30, 2003,  Gilmer 
filed a request  for a one  year extension to  the temporary  12-
month waiver granted in the Waiver Order for the captioned  cable 
system.  Gilmer stated that it has lost 120 subscribers since its 
August 9,  2002, waiver  request and  that it  continues to  have 
financial  problems.    Gilmer  provided   additional   financial 
information regarding operation expenses for its cable system  in 
support of its request for additional time to comply with section 
11.11(a) of the Rules.        

                  7.     Based on the  additional financial  data 
and other information  submitted by  Gilmer, we  conclude that  a 
six-month extension of the  temporary waiver of Section  11.11(a) 
of the Rules for the captioned cable system is warranted.11   The 
information provided by Gilmer shows that a minimal extension  is 
justified, but does not support  a finding of financial  hardship 
of a magnitude  that would  warrant a 12-month  extension of  the 
temporary waiver.12  

           8.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 0.111, 0.204(b), 0.311 of the Rules,13 that Gilmer Cable 
Television Company's request for a waiver of section 11.11(a)  of 
the  Rules  is  GRANTED,  consistent  with  the  discussion   and 
conclusions in this Order.

          9.        IT  IS  FURTHER  ORDERED  that  Gilmer  Cable 
Television Company  place a  copy of  this waiver  in its  system 
file. 

             10.    IT IS  FURTHER ORDERED  that a  copy of  this 
 Order  shall be sent by Certified Mail Return Receipt  Requested 
 to  counsel  for Gilmer  Cable  Television Company,  Timothy  P. 
 Tobin,  Esq.,  Cole,  Raywid and  Braverman,  1919  Pennsylvania 
 Avenue, N.W., Suite 200, Washington, D.C.  20006 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         James A. Dailey
                         Director, Office of Homeland Security
                         Enforcement Bureau
_________________________

  1 47 C.F.R.  11.11(a).

  2  Gilmer Cable  Television Company,  Order, 17  FCC Rcd  22101 
(Enf. Bur., Tech. & Pub. Safety Div., 2002) (``Waiver Order'').

  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,  FO Docket  Nos.  91-
171/91-301, Report and Order and Further Notice of Proposed  Rule 
Making, 10 FCC Rcd 1786 (1994), reconsideration granted in  part, 
denied in part, 10 FCC Rcd 11494 (1995).

  5 47 C.F.R.  11.11(a).

  6 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).

  7 Id. at 15512-13.

  8 Id. at 15516-15518.

  9 Amendment of Part 11 of the Commission's Rules Regarding  the 
Emergency Alert System, EB  Docket 01-66, FCC  02-64, 17 FCC  Rcd 
4055 (2002). 

  10 Gilmer  Cable Television  Company, Order, 17  FCC Rcd  22101 
(Enf. Bur., Tech. & Pub. Safety Div., 2002). 

  11 The six-month  extension waiver will extend from October  1, 
2003 until April 1, 2004. 

  12  We  note  that  Gilmer  raised  health-related  matters  in 
support of its request for an extension of its temporary  waiver.  
However, these matters are not a valid basis for granting waivers 
of our EAS rules.

  13 47 C.F.R.  0.111, 0.204(b), 0.311.