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

In the Matter of                )
                                )
American Samoa Cable            )    File No. EB-02-TS-211
                                )
Operator of Cable System in:    )
                                )    
Pago Pago, American Samoa       )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  February 9, 2004              Released:   February  11, 
2004

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

1.        In this Order, we grant American Samoa Cable  (``ASC'') 
  a  temporary waiver  of Section  11.11(a) of  the  Commission's 
  Rules  (``Rules'')  for the  above-captioned  cable  television 
  system.  Section 11.11(a) requires cable systems serving  fewer 
  than  5,000  subscribers  from  a  headend  to  either  provide 
  national  level 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, 
  2002.1

2.        The Cable Act of 1992  added new Section 624(g) to  the 
  Communications  Act  of 1934  (``Act''),  which  requires  that 
  cable  systems be  capable of  providing  EAS alerts  to  their 
  subscribers.2  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.3  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.4  The Commission declined to exempt small  cable 
  systems  from the  EAS requirements,  concluding that  such  an 
  exemption would be  inconsistent with the statutory mandate  of 
  Section  624(g).5    However,  the   Commission  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.6  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.7   The Commission  indicated  that  waiver 
  requests must contain at least the following information:   (1) 
  justification for the waiver, with reference to the  particular 
  rule sections  for which  a waiver is  sought; (2)  information 
  about the financial status of the requesting entity, such as  a 
  balance sheet and  income statement for the two previous  years 
  (audited, if possible);  (3) the number of other entities  that 
  serve the  requesting entity's coverage area  and that have  or 
  are expected to  install EAS equipment; and (4) the  likelihood 
  (such  as proximity  or frequency)  of hazardous  risks to  the 
  requesting entity's audience.8

3.        On January 9, 2002, ASC filed a request for a waiver of 
  Section  11.11(a) for  the  captioned cable  television  system 
  which serves  approximately 3,000 subscribers.   In support  of 
  its request, ASC states that there are no sources  transmitting 
  EAS signals to the  small remote island of American Samoa.   In 
  particular, ASC  states that the only  live or real-time  video 
  signal source  available to  the cable system  is received  via 
  communications satellite  and that the  video signals  transmit 
  taped programming.  ASC provides financial statements for  2000 
  and 2001  and asserts that  the cost to  order and install  EAS 
  equipment  where there  are  no receivable  EAS  signals  would 
  impact the system significantly.  Additionally, ASC notes  that 
  should  the  system  receive  EAS  information  through   other 
  sources  it  would  make  such  information  available  to  its 
  subscribers.  In this regard, ASC asserts that its  subscribers 
  will  have  ready  access  to  a  dedicated  cable  origination 
  channel  that  provides early  and  real-time  emergency  alert 
  messages  to  subscribers,  particularly  those  pertaining  to 
  weather.   ASC  notes  that  few  of  its  programmed  channels 
  originate from the United  States and that there is not a  live 
  EAS signal source  on American Samoa.  Finally, ASC notes  that 
  if local  American Samoan authorities  implement EAS plans,  it 
  is prepared to comply with state and local EAS requirements.

4.        We note that EAS staff at  the FCC is working with  the 
  Federal  Emergency  Management Agency  to  identify  a  primary 
  entry point  for American Samoa  and ensure the  creation of  a 
  functioning EAS system  in American Samoa.  Accordingly,  based 
  upon our  review of  the financial data  and other  information 
  submitted by  ASC and the present  lack of real-time EAS  video 
  signal sources in American Samoa, we conclude that a  temporary 
  waiver  of  Section  11.11(a)  for  the  captioned  system   is 
  warranted  until such  time  as a  live  EAS signal  source  is 
  available in American Samoa.9      

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b) and  0.311 of the Rules,10 America Samoa  Cable 
  IS GRANTED  a waiver of  Section 11.11(a) of  the Rules as  set 
  forth herein for the captioned cable television system.

6.        IT IS FURTHER ORDERED that American Samoa Cable place a 
  copy of this waiver in its system file.  

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for American  Samoa Cable,  John D. Pellegrin,  P.C., 9306  Old 
  Keene Mill Road, Burke, Virginia 22015.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


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

  1 47 C.F.R.  11.11(a).

  2 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).  

  3 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, FO Docket Nos. 91-171/91-
301, 10  FCC  Rcd  1786  (1994)  (``First  Report  and  Order''), 
reconsideration granted in part, denied in part, 10 FCC Rcd 11494 
(1995).

  4 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the  Emergency  Broadcast  System,  Second  Report  and 
Order, FO Docket Nos. 91-171/91-301, 12 FCC Rcd 15503 (1997).

  5 Id. at 15512-13.

  6 Id. at 15516-15518.

  7 Id. at 15513.

  8 Id. at 15513, n. 59.

  9 The waiver we  are granting also encompasses the EAS  testing 
and monitoring requirements.  

  10 47 C.F.R.  0.111, 0.204(b) and 0.311.