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


In the matter of                 )
                                )
LB Cable LLC                     )
                                )    File No.: EB-04-HS-023
Operator of Cable Systems in     )
Georgia and Montana              )
                                )
Request for Waivers of Section   )
11.11(a) of the Commission's     )
Rules

                              ORDER

   Adopted:  July 6, 2004               Released:  July 8, 2004

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

     1.   In this Order, we grant LB Cable LLC (LB Cable) 
temporary waivers of section 11.11(a) of the Federal 
Communications Commission's (Commission) rules (Rules)1 for 20 
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, 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 filed a request for 
temporary waivers of the EAS requirements for the recently 
acquired small cable systems in rural Georgia and Montana, 
asserting that the cost of immediate installation of EAS 
equipment in the 20 systems would cause financial hardship. LB 
Cable states that it began operating the subject systems on the 
day that it acquired them in a bankruptcy sale on February 2, 
2004, and, therefore has not had enough time to generate 
sufficient revenue to purchase and install EAS equipment at this 
time.  Based on price quotes from EAS equipment manufacturers, LB 
Cable estimates that it would cost approximately $200,000 to 
purchase and install the EAS equipment at the 20 headends.   LB 
Cable asserts that without the requested waivers, it may have to 
delay or cancel its plans to upgrade and interconnect the 20 
headends which would delay or eliminate the delivery of broadband 
services to over 8,900 rural subscribers.   Finally, LB Cable 
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, we conclude that temporary waivers of section 
        11.11(a) of the Rules for the 20 cable systems listed in 
        Attachment A, are warranted.  In particular, we find 
        that the estimated cost of $200,000 to purchase and 
        install EAS equipment at these recently acquired cable 
        television systems could impose a financial hardship on 
        LB Cable.  

     5.   Accordingly, IT IS ORDERED that, pursuant to sections 
        0.111, 0204(b) and 0.311 of the rules,10 LB Cable LLC's 
        request for temporary waivers of section 11.11(a) of the 
        rules is GRANTED until October 1, 2005, for its 20 cable 
        television systems listed in Attachment A.11

     6.   IT IS FURTHER ORDERED that LB Cable 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 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 System                            Temporary Waiver 
Granted Until



     Abbeville, Georgia                      October 1, 2005

     Allentown, Georgia                      October 1, 2005

     Dry Branch, Georgia                     October 1, 2005

     Dudley, Georgia                         October 1, 2005

     East Dublin, Georgia                         October 1, 2005

     Gordon, Georgia                         October 1, 2005

     Guyton, Georgia                         October 1, 2005

     Newton County, Georgia                  October 1, 2005

     North Baldwin, Georgia                       October 1, 2005

     Port Wentworth, Georgia                 October 1, 2005

     Rentz, Georgia                          October 1, 2005

     Rochelle, Georgia                       October 1, 2005

     Sparta, Georgia                              October 1, 2005

     Wrens, Georgia                          October 1, 2005

     Big Sky, Montana                        October 1, 2005

     Culbertson, Montana                     October 1, 2005

     Plentywood, Montana                     October 1, 2005

     Poplar, Montana                         October 1, 2005

     Scobey, Montana                         October 1, 2005

     West Yellowston, Montana                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.