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


In the Matter of                 )
                                )
Classic Communications, Inc.     )
                                )    File No.: EB-04-HS-040
Operator of Cable Television     )
Systems in                       )
                                )
Leesville, Louisiana             )
New Iberia, Louisiana            )
Moreauville, Louisiana           )
Nelson, Ohio                     )
Weatherford, Oklahoma            )
Woodward, Oklahoma               )
Purcell, Oklahoma                )
Clarksville, Texas               )
Eastland, Texas                  )
Burkburnett, Texas               )
                                )
Request for Waiver of Section 
11.11(a) of the Commission's 
Rules


                              ORDER

   Adopted:   August 30, 2004           Released:  August 31, 
2004

By the Director, Office of Homeland Security, Enforcement Bureau

                1.           In  this  Order,  we  grant  Classic 
Communications, Inc.  an extension  to its  temporary waivers  of 
section 11.11(a) of  the Commission's  Rules (Rules)1  previously 
granted  for  the  above-captioned  cable  television   systems.2  
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, 2002.3

     2.          The Cable  Act of 1992 added new Section  624(g) 
to the Communications Act of 1934, as amended,4 and required that 
cable systems  be  capable  of  providing  EAS  alerts  to  their 
subscribers.5  In 1994,  the Commission  adopted rules  requiring 
cable systems to  participate in EAS.6   In 1997, the  Commission 
amended the EAS rules to provide financial relief for small cable 
systems.7  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).8   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.9  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.10

                     3.       On March 26, 2002, Classic filed a 
request for a permanent waiver or a temporary, five-year waiver 
of section 11.11(a) for 569 small rural cable systems in ten 
states.  On July 18, 2002, Classic filed an amendment to its 
waiver request which changed the number of cable system headends 
to 559.  Classic asserted that the estimated cost to install EAS 
equipment would impose a substantial financial hardship on it.  
In support of its waiver request, Classic, submitted financial 
statements for 1999, 2000 and 2001 and indicated that it was 
operating as debtor-in-possession under supervision of the 
Bankruptcy Court.11   On October 7, 2002, we granted Classic 
temporary 18-month waivers for the above-captioned systems from 
October 1, 2002 to April 1, 2004.12   We declined to grant 
Classic a permanent waiver of section 11.11(a); however, we 
concluded that the financial data and other information submitted 
by Classic justified an 18-month waiver of section 11.11(a) for 
the above-captioned cable television systems.
                      4.  On March 31, 2004, Classic filed a 
request for a 90-day extension of its temporary waivers 
previously granted for the above-captioned cable systems.13  
Classic states that since its original waiver request was 
granted, it has emerged from bankruptcy and is now under new 
ownership and management and is now prepared to obtain the EAS 
equipment for the above-caption cable systems. 14  In a 
supplement to its petition on July 29, 2004, Classic states that 
it has ordered EAS equipment for the subject cable systems and 
that its EAS equipment supplier has advised that the equipment 
will be shipped during the week of August 16, 2004.  Classic 
anticipates having the equipment installed and operational at all 
the above-captioned systems within two weeks of receipt.  Classic 
has offered to notify the Commission when the equipment is 
installed.    
                      5.         Based on our review of the 
additional information submitted by Classic, we find that an 
extension of its temporary waivers of section 11.11(a) of the 
Rules for the above-captioned cable systems, are warranted.  
                      6.         Accordingly, IT IS ORDERED that, 
pursuant to sections 0.111, 0.204(b) and 0.311 of the Rules,15 
Classic Communications, Inc. IS GRANTED temporary waivers of 
section 11.11(a) of the Rules until October 1, 2004, for the 
above captioned cable systems.16
                      7.    IT IS FURTHER ORDERED that Classic 
Communications, Inc. notify the Director, Office of Homeland 
Security, Enforcement Bureau immediately upon installation of the 
EAS equipment at the above-captioned cable systems by E-mail at 
eas@fcc.gov.              
                      8.    IT IS FURTHER ORDERED that Classic 
Communications, Inc. place a copy of this waiver in its systems 
files.
                      9.          IT IS FURTHER ORDERED that a 
copy of this Order shall be sent by certified mail return receipt 
requested to counsel for Classic Communications, Inc., Timothy P. 
Tobin, Esq., Cole, Raywid & Braverman, L.L.P., 1919 Pennsylvania 
Avenue, N.W., Suite 200, Washington, D.C. 20006.
                         FEDERAL COMMUNICATIONS COMMISSION
                         


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

      
                              

     






_________________________

1 47 C.F.R.  11.11(a).
2 Classic Communications, Inc., 47 FCC Rcd 19350 (2002). 
3 Id.
4  The   Communications  Act   of  1934   was  amended   by   the 
Telecommunications Act of 1996.  Pub.  L. No. 104-104, 110  Stat. 
56 (1996 Act).
5 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).  
6 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).
7 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).
8 Id. at 15512-13.
9 Id. at 15516-18.
10 Id. at 15513.
11 On November 13, 2001,  Classic Communications, Inc. filed  for 
Chapter 11 bankruptcy  with the United  States Bankruptcy  Court, 
the District of Delaware, Petition for Waiver filed by Robert  L. 
James and Timothy P.  Tobin, Counsel for Classic  Communications, 
Inc. (March 25, 2002). 
12 17 FCC Rcd at 19352.   Classic was also granted temporary  24-
month waivers of section 11.11(a) until October 1. 2004 for 65 of 
its cable systems and 36-month waivers of section 11.11(a)  until 
October 1, 2005 for 483 of its cable systems.  
13 Classic requests that the materials submitted in its  petition 
for waiver  be withheld  from public  inspection pursuant  to  47 
C.F.R.  0.459. 
14Id.   Classic currently  operates  under the  d/b/as/  Cebridge 
Connections.
15 47 C.F.R.  0.111, 0.204(b) and 0.311.
16 We clarify that these  waivers also encompass the EAS  testing 
and monitoring requirements.