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


In the matter of                 )
                                )
Cable One, Inc.                  )
                                )    File No. EB-04-HS-007
Operator of Cable Systems in:    )
                                )
Shelby, Mississippi              )
Mound Bayou/Merigold,            )
Mississippi                      )
                                )
Request for Waiver of Section    )
11.11(a) of the 
Commission's Rules

                              ORDER

   Adopted:  February 10, 2004          Released:  February 11, 
2004

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

     1.   In this Order, we grant Cable One, Inc., (``Cable 
        One'') eight-month waivers of section 11.11(a) of the 
        Commission's rules (``Rules'')1 for the two above-
        captioned cable television systems.  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, which requires that cable 
        systems be capable of providing EAS alerts to their 
        subscribers.3  In 1994, the Commission adopted rules 
        requiring cable systems to participate in EAS.4  In 
        1997, the Commission amended the EAS rules to provide 
        financial relief for small cable systems.5  The 
        Commission declined to exempt small cable systems from 
        the EAS requirements entirely, however, concluding that 
        such an exemption would be inconsistent with the 
        statutory mandate of section 624(g).6  

     3.   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.7  
        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.8  
     4.   On January 9, 2004, Cable One filed a request for 
        temporary, eight-month waivers of the EAS requirements 
        of section 11.11(a) of the Rules for the two captioned 
        small cable systems, which each serve less than 600 
        subscribers.  Cable One filed an amendment to this 
        waiver request on February 3, 2004, reporting that it 
        completed the purchase of the captioned small cable 
        systems on February 1, 2004,9 and requesting temporary 
        waivers of section 11.11(a) of the Rules through 
        September 30, 2004.  Cable One states that it plans to 
        interconnect these cable systems to its Cleveland, 
        Mississippi system which is in full compliance with the 
        Commission's EAS rules.  Based on the costs associated 
        with bringing other small cable systems into compliance 
        with the Commission's EAS rules, Cable One estimates 
        that the cost of installing EAS equipment at the two 
        above-captioned cable systems would exceed $20,000.  
        Cable One asserts that the cost of installing EAS 
        equipment at the two cable systems will impose an 
        unnecessary financial expenditure since the two headends 
        will be eliminated once the interconnection is 
        completed.  In addition, Cable One submits that its 
        subscribers will continue to have ready access to 
        national EAS information from other sources, including 
        its cable systems.  In this regard, Cable One notes that 
        its subscribers currently have access to national EAS 
        messages on a substantial number of all programmed 
        channels.  Finally, Cable One subscribers will have 
        access to EAS information through over-the-air reception 
        of broadcast television and radio stations. 
     5.   Based upon our review of the financial data and other 
        information submitted by Cable One, we conclude that a 
        temporary, eight-month waiver of section 11.11(a) for 
        the two captioned systems is warranted.10  In 
        particular, we find that the approximate $20,000 cost of 
        installing EAS equipment for these small cable systems 
        could impose an unnecessary financial expenditure for 
        Cable One.11  
     6.   Accordingly, IT IS ORDERED, pursuant to sections 0.111, 
        0.204(b) and 0.311 of the Rules,12 that Cable One, 
        Inc.'s request for temporary waiver of section 11.11(a) 
        of the Rules for the two captioned cable television 
        systems is GRANTED consistent with the discussion and 
        conclusions in this Order.
     7.   IT IS FURTHER ORDERED that Cable One, Inc. place a copy 
        of this waiver in its system files.
     8.   IT IS FURTHER ORDERED that a copy of this Order shall 
        be sent by Certified Mail Return Receipt Requested to 
        counsel for Cable One, Inc., Stuart F. Feldstein and 
        Lisa Chandler Cordell, Fleischman and Walsh, L. L. P., 
        1919 Pennsylvania Avenue, N.W., 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 Id.
3 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).  
4 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), reconsideration  granted in  part, 
denied in part, 10 FCC Rcd 11494 (1995).
5 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).
6 Id. at 15512-13.
7 Id. at 15516-15518.
8 Id. at 15513.
9 Cable One acquired these cable systems from Galaxy Cable,  Inc. 
(``Galaxy'').  The FCC  previously granted  Galaxy temporary  36-
month waivers of Section 11(a)  of the Rules which extended  from 
October 1, 2002, to October  1, 2005.  See Galaxy Telecom,  L.P., 
Order, 17  FCC  Rcd 11805  (Chief,  Technical and  Public  Safety 
Division, Enforcement  Bureau  2002),  clarified,  Galaxy  Cable, 
Inc., 18  FCC  Rcd  14522 (Chief,  Technical  and  Public  Safety 
Division, Enforcement Bureau 2003) (``Galaxy Cable'').   However, 
these waivers do not  continue to apply  when the  cable  systems 
are sold.  See Galaxy Cable, 18 FCC Rcd at 14524.
10 The waivers will  extend from February 1,  2004 to October  1, 
2004.  We clarify that the waivers we are granting also encompass 
the EAS testing and monitoring requirements.  
11 See also, Cable  One, Inc., 18 FCC  Rcd 7646 (2003)  (granting 
similar temporary waiver requests).
12 47 C.F.R.  0.111, 0.204(b) and 0.311.