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


In the matter of                 )
                                )
Clearvision Cable Systems, Inc.  )
                                )    File No.: EB-04-HS-033
Operator of Cable Systems in     )
                                )
Brocton, Illinois                )
Hume, Illinois                   )
Jewett, Illinois                 )
Sidell, Illinois                 )
St. Peter, Illinois              )

Request for Waivers of Section 
11.11(a) of the Commission's 
Rules

                              ORDER

   Adopted:  July 29, 2004              Released:  July 30, 2004

By the:  Director, Office of Homeland Security

               1..         In this  Order, we  grant  Clearvision 
Cable Systems, Inc.  (Clearvision) temporary  waivers of  section 
11.11(a)  of  the   Federal  Communications  Commission's   rules 
(Rules)1 for the five-above captioned cable television systems in 
Illinois.  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 26, 2004, Clearvision filed a request for 
temporary waivers of the EAS requirements for the above-captioned 
cable systems  in  rural  Illinois.  In  support  of  its  waiver 
request Clearvision indicates that the largest of its five newly-
acquired systems serves  65 subscribers and  the smallest  system 
serves only  10  subscribers.  Based on  price  quotes  from  EAS 
equipment manufactures, Clearvision estimates that it would  cost 
$30,000 to  purchase  and  install  EAS  equipment  at  the  five 
headends.  Clearvision notes that  the five systems have  limited 
channel capacity, between 27 and 38 channels, and because of  the 
limited access  to capital  and  the company's  small  subscriber 
base, it  has not  been able  to upgrade  the systems.   Further, 
Clearvision states  that  because  of the  distance  between  the 
systems, it  has  not been  able  to interconnect  its  headends.  
Clearvision provides financial data in support of its  contention 
that the cost of immediate  installation of EAS equipment in  the 
five  headends  would   cause  substantial  financial   hardship.  
Finally, Clearvision 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 Clearvision,  we  conclude  that 
temporary waivers of section 11.11(a) of the rules for the above-
captioned  cable   television   systems   are   warranted.     In 
particular, we find that the  estimated $30,000 cost to  purchase 
and install  EAS  equipment  at  these  recently  acquired  cable 
television  systems  could   impose  a   financial  hardship   on 
Clearvision. 

     5.        Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
sections 0.111, 0.204(b)  and 0.311 of  the rules,10  Clearvision 
Cable Systems, Inc.'s  request for temporary  waivers of  section 
11.11(a) of the rules is GRANTED  until October 1, 2005, for  the 
five captioned cable television systems.11

     6.   IT IS FURTHER ORDERED  that Clearvision Cable  Systems, 
Inc. 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 
Clearvision Cable Systems, Inc.,  Christopher C. Cinnamon,  Esq., 
Cinnamon Mueller, 307 North Michigan Avenue, Suite 1020, Chicago, 
Illinois 60601.  
          

                         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 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.