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


In the matter of                 )
                                )
Cable & Communications           )
Corporation                      )
d/b/a Mid-River Cable            )
Television                       )
                                )
Operator of Cable Systems in:    )    File No. EB-04-HS-030
                                )
Ryegate, Montana                 )
Hysham, Montana                  )
Harlowton, Montana               )
                                )
Request for Waivers 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

     I.  In this Order, we grant Cable & Communications, d/b/a 
Mid-Rivers Cable Television (Mid-Rivers) temporary waivers of 
section 11.11(a) of the Federal Communications Commission's 
(Commission) rules (Rules)1 for the three 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 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 5, 2004, Mid-Rivers filed a request for 
temporary waivers of the EAS requirements for the recently 
acquired above-captioned cable systems. 10   In support of its 
waiver request Mid-Rivers indicates that the three subject cable 
television systems serve small, rural communities: Ryegate serves 
33 subscribers; Hysham serves 54 subscribers; and Harlowton 
serves 263 subscribers. Based on price quotes from EAS equipment 
manufactures, Mid-Rivers estimates that it would cost $27,000 to 
purchase and install EAS equipment at the three headends.  Mid-
Rivers provides financial data in support of its contention that 
the cost of immediate installation of EAS equipment in the three 
headends would cause substantial financial hardship.  Finally, 
Mid-Rivers contends that its 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 financial data and other 
information submitted by Mid-Rivers, we conclude that temporary 
waivers of section 11.11(a) of the Rules for the cable television 
systems in Ryegate, Hysham, and Harlowton, Montana are warranted.   
In particular, we find that the estimated $27,000 cost to 
purchase and install EAS equipment at these recently acquired 
cable television systems could impose a financial hardship on 
Mid-Rivers. 

     5.   Accordingly, IT IS ORDERED that, pursuant to sections 
0.111, 0204(b) and 0.311 of the rules,11 Cable & Communications 
Corporation, d/b/a Mid-Rivers Cable Television's request for 
temporary waivers of section 11.11(a) of the rules is GRANTED 
until October 1, 2005, for its cable television systems in 
Ryegate, Hysham and Harlowton, Montana.12 

     6.   IT IS FURTHER ORDERED that Cable & Communications 
Corporation, d/b/a Mid-Rivers Cable Television place a copy of 
this waiver in its system files.

     7.   IT IS FURTHER ORDEED that a copy of this Order shall be 
sent by Certified Mail Return Receipt Request to counsel for 
Cable & Communications Corporation, d/b/a Mid-Rivers Cable 
Television, Marci E. Greenstein, Kraskin, Lesse & Cosson, LLC, 
2120 L Street, N.W., Suite 520, Washington, D.C.  20037.  

                              FEDERAL COMMUNICATIONS COMMISSION

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






_________________________

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 The Commission previously granted temporary waivers of the EAS 
requirements, until  October  1,  205, to  the  prior  owner  and 
operator of the  subject cable  systems. See,  SM Cable  Holding, 
L.L.C., Order, 18 FCC Rcd 10  (2002) (Chief, Technical and Public 
Safety  Division,  Enforcement   Bureau).   However,   previously 
granted waivers do not continue  to apply when the cable  systems 
are sold. 
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.