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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-071
Operator of Cable Television     )
Systems in                       )
                                )
Arkansas, Kansas, Louisiana,     )
Missouri, Ohio, Oklahoma and     )
Texas                            )
                                )
Request for Waiver of Section    
11.11(a) of the Commission's 
Rules


                              ORDER

   Adopted:   October 7, 2004           Released:  October 7, 
2004  

By the Director, Office of Homeland Security, Enforcement Bureau

                1.           In  this  Order,  we  grant  Classic 
Communications, Inc.  an extension  to  its temporary  waiver  of 
section 11.11(a) of  the Commission's  Rules (Rules)1  previously 
granted for the 65 cable television systems listed in  Attachment 
A.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 a 
temporary 24-month waiver for the systems listed in Attachment A 
from October 1, 2002 to October 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 the 24-month waiver of section 11.11(a) for 
the cable television systems listed in Attachment A. 
                      4.  On September 30, 2004, Classic filed a 
request for a 120-day extension of the temporary waiver 
previously granted for the cable systems listed in Attachment A.  
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 cable systems listed in Attachment A.13  
Classic states that it has ordered some of the EAS equipment for 
the subject cable systems.  Based on its discussions with various 
EAS manufacturers, Classic estimates that the subject cable 
systems can be fully compliant with EAS requirements within 120 
days. 
                      5.         Based on our review of the 
information submitted by Classic, we find that an extension of 
its temporary waiver of section 11.11(a) of the Rules for the 
cable systems listed in Attachment A, is warranted.  On August 
31, 2004, Classic was granted a 90-day extension of its temporary 
waiver previously granted for 10 of its other cable systems in 
Louisiana, Ohio, Oklahoma and Texas.14 By e-mail dated October 4, 
2004, Classic notified the Commission that it had installed EAS 
equipment at all 10 of the systems.  We expect that Classic would 
likewise comply with the new deadline as setforth in this Order.
                      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 an extension of its 
temporary waiver of section 11.11(a) of the Rules until February 
1, 2005, for the cable systems listed in Attachment A.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 cable systems listed in Attachment A 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

      
                              

     
















                             ATTACHMENT A

List of Systems
  - Unhandled Picture -  
Danville, Arkansas
Miller County, Arkansas
Sheridan, Arkansas
Nashville, Arkansas
Smackover, Arkansas
Waldron, Arkansas
Whitehall, Arkansas
Stuttgart, Arkansas
Clay Center, Kansas
Beloit, Kansas
Concordia, Kansas
Fort Scott, Kansas
Paola, Kansas
Abilene, Kansas
Sibley, Louisiana
Fort Polk, Louisiana
Le Compete, Louisiana
Lexington, Missouri
Brookfield, Missouri
Trenton, Missouri
Cole County, Missouri
Boonville, Missouri
Lebanon, Missouri
Neosho, Missouri
Joe Bald/Hwy DD, Missouri
Thompson, Ohio
Mahoning, Ohio
Anadarko, Oklahoma
Eufaula, Oklahoma
Fort Sill, Oklahoma
Healdton, Oklahoma
Kingfisher, Oklahoma
Idabel, Oklahoma
Hugo, Oklahoma
Poteau, Oklahoma
Sallisaw, Oklahoma
Vernon, Texas
Pecos, Texas
Pilot Point, Texas
Mauriceville, Texas
Breckenridge, Texas
Daingerfield, Texas
Monahans, Texas
                                                         






                         List of Systems
                           (Continued)
Lampasas, Texas
Mt. Belvieu, Texas
Center, Texas
Lake Cherokee, Texas
Quinlan, Texas
Brazoria, Texas
Muleshoe, Texas
Rockdale, Texas
Ingram, Texas
Brady, Texas
Kermit, Texas
ARP, Texas
Childress, Texas
Crystal Beach, Texas
Montgomery, Texas
Rusk, Texas
Kenedy, Texas
Trinity, Texas
Van Zandt, Texas
Dimmitt, Texas 
Goodrich, Texas
Tulia, Texas


_________________________

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 a temporary 18-
month waiver of section  11.11(a) until April 1,  2004 for 11  of 
its cable  systems and  a temporary  36-month waiver  of  section 
11.11(a) until October 1, 2005 for 483 of its cable systems.  
13Id.   Classic currently  operates  under the  d/b/as/  Cebridge 
Connections.
14 See  Order  by  the Director,  Office  of  Homeland  Security, 
Enforcement Bureau, rel. Aug. 31, 2004.
15 47 C.F.R.  0.111, 0.204(b) and 0.311.
16 We clarify that this waiver also encompass the EAS testing and 
monitoring requirements.