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


In the matter of                 )
                                )
Pinpoint Communications, Inc.    )
                                )
Operator of Cable Systems in:    )
                                )
Alma, Nebraska                   )
Beaver City, Nebraska            )
Cuylbertson, Nebraska            )    File No. EB-04-HS-0013
Franklin, Nebraska               )
Orleans, Nebraska                )
Oxford, Nebraska                 )
Red Cloud, Nebraska              )
                                )
Request for Waiver of Section    )
11.11(a) of the                  )
Commission's Rules

                              ORDER

   Adopted:  June 28, 2004                   Released:  June 30, 
2004

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

1.   In this Order, we grant Pinpoint Communications, Inc. 
  (Pinpoint) temporary waivers of section 11.11(a) of the 
  Federal Communications Commission's (Commission) rules (Rules) 
  1 for the seven above-captioned cable television systems.  
  Section 11.11(a) of the 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, 2002.2
2.   The Cable Act of 1992 added new section 624(g) to the 
  Communications Act of 1934, as amended3 (Act), and required 
  that cable systems be capable of providing EAS alerts to their 
  subscribers.4  In 1994, the Commission adopted rules requiring 
  cable systems to participate in EAS.5  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, concluding that such an 
  exemption would be inconsistent with the statutory mandate of 
  Section 624(g).7  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.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  
3.   On February 15, 2004, Pinpoint filed a request for temporary 
  waivers of the EAS requirements for the above captioned cable 
  television systems which it recently acquired from Classic 
  Communications, Inc.10 In support of its waiver requests, 
  Pinpoint reports that these are small, rural cable systems 
  which serve between 100 and 300 subscribers.  Based on price 
  quotes provided by EAS equipment vendors, Pinpoint estimates 
  that it would cost approximately $59,500 to purchase and 
  install EAS equipment at the subject cable systems.  Pinpoint 
  asserts that this cost will impose a substantial financial 
  hardship on it and provides its financial statements for 2002 
  and 2003 in support of this assertion.  In addition, Pinpoint 
  submits that its subscribers will continue to have ready 
  access to national EAS information from other sources, many of 
  which are carried on Pinpoint's systems.  In this regard, 
  Pinpoint notes that its subscribers currently have access to 
  national EAS messages on at least 50 percent of all programmed 
  channels.  Finally, Pinpoint states that its subscribers will 
  have access to state and local 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 Pinpoint, we conclude that temporary 
  waivers of section 11.11(a) of the rules for the above-
  captioned cable television systems, is warranted.   In 
  particular, we find that the estimated $59,500 cost to 
  purchase and install EAS equipment at these recently acquired 
  cable television systems could impose a financial hardship on 
  Pinpoint.  
5.   Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 
  0.204(b) and 0.311 of the rules,11 Pinpoint  Communications, 
  Inc.'s request for temporary waivers of section 11.11(a) of 
  the rules is GRANTED until October 1, 2005, for the seven 
  captioned cable television systems.12
6.   IT IS FURTHER ORDERED that Pinpoint Communications, Inc. 
  place a copy of this waiver in its system files. 
7.   IT IS FURTHER ORDER that a copy of this Order shall be sent 
  by Certified Mail Return Receipt Requested to Roger Hoffman, 
  Executive Vice President, Pinpoint Communications, Inc., 611 
  Patterson, Box 490, Cambridge, Nebraska 69022.
                         FEDERAL COMMUNICATIONS COMMISSION

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


       - Unhandled Picture -  

_________________________

1 47 C.F.R.  11.11(a).
2 Id.
3  The   Communications  Act   of  1934   was  amended   by   the 
Telecommunications Act of 1996. Pub. L. No. 104-104, 110 Stat. 56 
(1996) (1996 Act). 
4 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).  
5 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).
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) 
(Second Report and Order).
7 Id. at 15512-13.
8 Id. at 15516-15518.
9 Id. at 15513.
10 On October  1, 2002,  Classic was  granted temporary  waivers, 
until October 1,  2005, for  the subject  systems.  See,  Classic 
Communication, Inc.,  Order,  17  FCC Rcd  19350  (2002)  (Chief, 
Spectrum Enforcement Division, Enforcement Bureau). 
11 47 C.F.R.  0.111, 0.204(b) and 0.311. 
12 We clarify that these  waivers also encompass the EAS  testing 
and monitoring requirements.