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

In the Matter of                )
                                )
Qwest Broadband Services, Inc.  )    File No. EB-02-TS-215
                                )
Operator of Cable System in:    )
                                )    
Phoenix, AZ                     )
                                )
Request for Waiver of Section 11.61(a)2)(i)(B)           )
                                                                                        
)
of the Commission's Rules       )    
                                        
                              ORDER 

Adopted:  June 28, 2002                 Released:  July 17, 2002

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

1.        In this Order, we grant Qwest Broadband Services,  Inc. 
  (``Qwest Broadband'') a  temporary, 12-month waiver of  Section 
  11.61(a)(2)(i)(B)  of the  Commission's Rules  (``Rules'')  for 
  the VDSL  cable television  system.  Section  11.61(a)(2)(i)(B) 
  requires   cable   systems   serving    greater   than   10,000 
  subscribers to broadcast  the Emergency Alert System  (``EAS'') 
  Weekly Required  Test (``RWT'')  messages, at  random days  and 
  times, on all programmed channels.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  Cable systems  serving 
  greater  than  10,000  subscribers  are  required  to   provide 
  national level EAS messages on all programmed channels.4  

3.        Qwest Broadband filed  a request for  a temporary,  12-
  month  waiver of  Section 11.61(a)(2)(i)(B)  on May  23,  2002.  
  This waiver  is requested for its  Phoenix, Arizona VDSL  cable 
  system, as  well as its Boulder,  Colorado and Douglas  County, 
  Colorado  systems if  these  systems reach  10,000  subscribers 
  before June 30, 2003.  In support of its waiver request,  Qwest 
  Broadband  states  that  this  is  a  VDSL  cable  system,  the 
  technology of which  prevents the broadcast of EAS messages  on 
  all   programmed  channels   simultaneously.   Based   on   the 
  switching system of  the VDSL system, subscribers only  receive 
  a single  channel at a  time, and Qwest  Broadband has not  yet 
  developed  the  technology  to  broadcast  on  all   programmed 
  channels simultaneously.  In addition, Qwest Broadband  submits 
  that its subscribers will continue to have ready access to  EAS 
  information by  a pop-up window  that will direct  them to  the 
  channel on  which the  EAS information is  broadcast.  In  this 
  regard, Qwest Broadband asserts that its subscribers  currently 
  have  access  to national  EAS  messages  at the  time  of  the 
  broadcast.   In addition,  Qwest  broadband indicates  that  it 
  intends to pursue a permanent waiver to address this issue.   

4.        Based upon our review of  the technical data and  other 
  information submitted  by Qwest Broadband,  we conclude that  a 
  temporary,  12-month waiver  of Section  11.61(a)(2)(i)(B)  for 
  the  VDSL system  is  warranted.  We  do  not intend  to  grant 
  further temporary  waivers, extending beyond  the current  June 
  30, 2003 expiration date,  unless it is related to an  on-going 
  proceeding  in this  matter.   If Qwest  Broadband  intends  to 
  pursue  a permanent  waiver  of Section  11.61(a)(2)(i)(B),  it 
  should do so expeditiously.

5.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111,  0.204(b)  and 0.311  of  the  Rules,5  Qwest  Broadband 
  Services,    Inc.   IS    GRANTED   a    waiver   of    Section 
  11.61(a)(2)(i)(B)  of the  Rules until  June 30,  2003 for  the 
  VDSL cable television system.

6.        IT IS FURTHER  ORDERED that  Qwest Broadband  Services, 
  Inc. place a copy of this waiver in its system file and post  a 
  copy  of this  waiver at  the  Qwest Broadband  Services,  Inc. 
  Phoenix, as well  as the Boulder/Douglas County systems in  the 
  case of these  systems serving greater than 10,000  subscribers 
  before June 30, 2003.

7.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  counsel 
  for Qwest  Broadband Services,  Inc., J.  Brian DeBoice,  Esq., 
  Cohn and  Marks LLP, 1920 N  Street NW, Suite 300,  Washington, 
  DC 20036-1622.

                         FEDERAL COMMUNICATIONS COMMISSION
                    
     


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
Division
                         Enforcement Bureau
_________________________

  1 47 C.F.R.  11.61(a)(2)(i)(B).

  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 Id. at 15516-15518.

  5 47 C.F.R.  0.111, 0.204(b) and 0.311.