Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


In the matter of                 )
                                )
LB Cable Georgia LLC             )
                                )    File No.:  EB-04-HS-019
Operator of Cable Systems in     )
the State of Georgia             )
                                )
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 LB Cable Georgia LLC (LB Cable 
Georgia) temporary waivers of section 11.11(a) of the Federal 
Communications Commission's (Commission) rules (Rules)1 for 35 
cable television systems listed in Attachment A.  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 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 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  
     3.   On March 2, 2004, LB Cable Georgia filed a request for 
temporary waivers of the EAS requirements for the recently 
acquired small cable systems in rural Georgia, asserting that the 
cost of immediate installation of EAS equipment in the 35 systems 
would cause financial hardship.  LB Cable Georgia states that  it 
acquired the 35 cable systems in a bankruptcy sale in February 
2004, and therefore, has not had enough time to generated 
sufficient revenue to purchase and install EAS equipment at this 
time.  Based on price quotes from EAS equipment manufacturers, LB 
Cable Georgia estimates that it would cost approximately $350,000 
to purchase and install the EAS at the 35 headends.   LB Cable 
Georgia asserts that, without the requested waivers, it may have 
to delay or cancel its plans to upgrade and interconnect the 35 
headends which would delay or eliminate the delivery of broadband 
services to over 6,200 rural subscribers.   Finally, LB Cable 
Georgia contends that subscribers will continue to have ready 
access to national EAS information from other sources, including 
its cable system and over-the-air reception of broadcast 
television and radio stations. 

4.   Based on our review of the information submitted by LB Cable 
  Georgia, we conclude that temporary waivers of section 
  11.11(a) of the Rules for the 35 cable systems listed in 
  Attachment A, is warranted.  In particular, we find that the 
  estimated cost of $350,000 to purchase and install EAS 
  equipment at these recently acquired cable television systems 
  could impose a financial hardship on LB Cable Georgia.  

5.   Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 
  0204(b) and 0.311 of the rules,10 LB Cable Georgia LLC's 
  request for temporary waivers of section 11.11(a) of the rules 
  is GRANTED until October 1, 2005, for its 35 cable television 
  systems listed in Attachment A.11

6.   IT IS FURTHER ORDERED that LB Cable Georgia LLC place a copy 
  of this waiver in its system files.

7.   IT IS FURTHER ORDERED that a copy of this Order shall be 
  sent by Certified Mail Return Receipt Requested to counsel for 
  LB Cable Georgia LLC, Christopher C. Cinnamon, Esq., Cinnamon 
  Muller, 307 North Michigan Avenue, Suite 1020, Chicago, 
  Illinois  60601. 


                              FEDERAL COMMUNICATIONS COMMISSION


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


                          ATTACHMENT A



     Cable Systems in Georgia                     Temporary 
Waiver Granted Until

     Arabi                                   October 1, 2005
     Attapulgus                              October 1, 2005
     Berlin                                  October 1, 2005
     Chauncey                           October 1, 2005
     Chester                                 October 1, 2005
     Climax                                  October 1, 2005
     Collins                                 October 1, 2005
     Colquitt                           October 1, 2005
     E. Baldwin Co.                          October 1, 2005
     Flint River                             October 1, 2005
     Gibson                                  October 1, 2005
     Gordon                                  October 1, 2005
     Hoboken                            October 1, 2005
     Iron City                          October 1, 2005
     Irwinton                           October 1, 2005
     Jeffersonville                          October 1, 2005
     Jones Co.                          October 1, 2005
     Midville                           October 1, 2005
     Milan                                   October 1, 2005
     N. Baldwin                              October 1, 2005
     Newton City                             October 1, 2005
     Oak Park                           October 1, 2005
     Pineview                           October 1, 2005
     Pitts                                   October 1, 2005
     Portal                                  October 1, 2005
     Rebecca                            October 1, 2005
     Recovery                           October 1, 2005
     Rhine                                   October 1, 2005
     Sardis                                  October 1, 2005
     Seminole                           October 1, 2005
     Stapleton                          October 1, 2005
     Stillmore                          October 1, 2005
     Surrency                           October 1, 2005
     Toomsboro                          October 1, 2005
     Uvalda                                  October 1, 2005
     Warwick                            October 1, 2005
     Whigham                            October 1, 2005
     Wiley Acres                             October 1, 2005

_________________________

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, 10 FCC Rcd 1786  (1994), 
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, 12 FCC Rcd 15503 (1997).
7 Id. at 15512-13.
8 Id. at 15516-15518.
9 Id. at 15513.
10 47 C.F.R.  0.111, 0.204(b) and 0.311.
11 We clarify that these  waivers also encompass the EAS  testing 
and monitoring requirements.