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 Montana LLC             )
                                )
Operator of Cable Systems in:    )
                                )
Belt, Montana                    )    File No.: EB-04-HS-018
Charlo, Montana                  )
Chester, Montana                 )
Darby, Montana                   )
Dutton, Montana                  )
Ennis, Montana                   )
Hot Springs, Montana             )
Paradise, Montana                )
Plains, Montana                  )
St. Ignatius, Montana            )
St. Regis, Montana               )
Valier, Montana                  )
Vaughn, Montana                  )


Request for Waiver 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 Montana 
LLB (Montana)  temporary  waivers  of  section  11.11(a)  of  the 
Federal  Communications  Commission's  rules  (Rules)1  for   the 
thirteen-above captioned  cable  television systems  in  Montana.  
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  Montana filed  a 
request for temporary  waivers of  the EAS  requirements for  the 
recently acquired small cable systems in rural Montana, asserting 
that the cost of immediate  installation of EAS equipment in  the 
thirteen  systems  would  cause  financial  hardship.   LB  Cable 
Montana states  that  it  acquired  the  thirteen  systems  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 Montana estimates that  it 
would cost approximately $130,000 to purchase and install the EAS 
equipment at  the 13  headends.  LB  Cable Montana  asserts  that 
without the requested waivers, it may have to delay or cancel its 
upgrades and interconnections, which would delay or eliminate the 
delivery of  advanced  broadband  services to  over  1,300  rural 
subscribers.  Finally, LB Cable Montana 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 Montana, we conclude that temporary waivers 
of section 11.11(a) of the Rules for the thirteen above-captioned 
cable systems, are  warranted.  In particular,  we find that  the 
estimated cost of $130,000 to purchase and install EAS  equipment 
at these recently acquired cable television systems could  impose 
a financial hardship on LB Cable Montana.  

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

                6.       IT  IS  FURTHER ORDERED  that  LB  Cable 
Montana 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 Montana 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
 




                 























_________________________

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 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.