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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Galaxy American Communications, L.L.C. ) File No. EB-02-TS-
176
d/b/a CableDirect )
)
Operator of Cable Systems in the States of: )
)
Colorado, Illinois, Indiana, Iowa, Kansas, )
Missouri, Nebraska, Oklahoma, Texas, )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: October 1, 2002 Released: October 7,
2002
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
1. In this Order, we grant Galaxy American
Communications, L.L.C. d/b/a CableDirect (``CableDirect'')
temporary, 36-month waivers of Section 11.11(a) of the
Commission's Rules (``Rules'') for 316 cable television
systems in the nine above-captioned states listed in
Attachment A. Section 11.11(a) 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, 2002.1
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 May 8, 2002, CableDirect filed a request for
temporary, 36-month waivers of Section 11.11(a) for 316 small
rural cable systems in Attachment A in the nine captioned
states. In support of the waiver request, CableDirect states
that the 316 cable systems each serve between 1 and 447
subscribers. Based on price quotes provided by EAS equipment
manufacturers, CableDirect estimates that it would cost at
least $10,000 to install EAS equipment at each of these
systems for a total cost of $3,160,000. CableDirect asserts
that this cost will impose a substantial financial hardship on
it and provides its financial statements for 2000 and 2001 in
support of this assertion. In addition, CableDirect submits
that its subscribers will continue to have ready access to
national EAS information from other sources, including its
cable systems. In this regard, CableDirect notes that its
subscribers currently have access to national EAS messages on
approximately 57 percent of all programmed channels.
CableDirect also asserts that its subscribers will have access
to EAS information through over-the-air reception of broadcast
television and radio stations.
4. Based upon our review of the financial data and other
information submitted by CableDirect, we conclude that
temporary, 36-month waivers of Section 11.11(a) for the 316
cable systems in Attachment A in the nine captioned states is
warranted.9 In particular, we find that the estimated
$3,160,000 cost to install EAS equipment for these very small
systems could impose a financial hardship on CableDirect.
5. We note that the Commission recently amended the EAS
rules to permit cable systems serving fewer than 5,000
subscribers to install FCC-certified decoder-only units,
rather than both encoders and decoders, if such a device
becomes available.10 Based on comments from equipment
manufacturers, we anticipate that such a decoder-only system
could result in significant cost savings to small cable
systems.11
6. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,12 Galaxy American
Communications, L.L. C. d/b/a CableDirect IS GRANTED a waiver
of Section 11.11(a) of the Rules until October 1, 2005 for the
316 cable television systems listed in Attachment A.
7. IT IS FURTHER ORDERED that Galaxy American
Communications, L.L. C. d/b/a CableDirect place a copy of this
waiver in its systems files.
8. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to counsel
for Galaxy American Communications, L.L. C. d/b/a CableDirect,
Christopher C. Cinnamon, Esq., Cinnamon Mueller, 307 North
Michigan Avenue, Suite 1020, Chicago, Illinois 60601.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
Attachment A
Galaxy American Communications, L.L.C. d/b/a CableDirect
Cable Systems: Temporary Waiver Granted
Until:
Colorado
Aguilar, Colorado October 1, 2005
Boone, Colorado October 1, 2005
Cheraw, Colorado October 1, 2005
Crowley, Colorado October 1, 2005
Olney Springs, Colorado October 1, 2005
Pueblo/Avondale, Colorado October 1, 2005
Sugar City, Colorado October 1, 2005
Illinois
Allendale, Illinois October 1, 2005
Alsey, Illinois October 1, 2005
Arrowsmith, Illinois October 1, 2005
Baldwin, Illinois October 1, 2005
Beaverville, Illinois October 1, 2005
Beecher City, Illinois October 1, 2005
Belle Rive, Illinois October 1, 2005
Bellmont, Illinois October 1, 2005
Bismarck, Illinois October 1, 2005
Bluford, Illinois October 1, 2005
Bonfield, Illinois October 1, 2005
Browns, Illinois October 1, 2005
Campbell Hill, Illinois October 1, 2005
Carlock, Illinois October 1, 2005
Chestnut, Illinois October 1, 2005
Cisco, Illinois October 1, 2005
Cowden, Illinois October 1, 2005
Cypress, Illinois October 1, 2005
Dahlgren, Illinois October 1, 2005
Dongola, Illinois October 1, 2005
Donovan, Illinois October 1, 2005
Dubois, Illinois October 1, 2005
East Carondelet, Illinois October 1, 2005
Eldred, Illinois October 1, 2005
Ellis Grove, Illinois October 1, 2005
Flat Rock, Illinois October 1, 2005
Grand Chain, Illinois October 1, 2005
Grand Detour, Illinois October 1, 2005
Gulfport, Illinois October 1, 2005
Henning, Illinois October 1, 2005
Hoyleton, Illinois October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Ina, Illinois October 1, 2005
Iroquois, Illinois October 1, 2005
Irvington, Illinois October 1, 2005
Joppa, Illinois October 1, 2005
Joy, Illinois October 1, 2005
Karnak, Illinois October 1, 2005
Keensburg, Illinois October 1, 2005
Keithsburg, Illinois October 1, 2005
Kirkwood, Illinois October 1, 2005
Lake Camelot, Illinois October 1, 2005
Laplace, Illinois October 1, 2005
Lee, Illinois October 1, 2005
Logan (Hanaford), Illinois October 1, 2005
Long Point, Illinois October 1, 2005
Magnolia, Illinois October 1, 2005
Manchester, Illinois October 1, 2005
Martinton, Illinois October 1, 2005
Mason, Illinois October 1, 2005
Media, Illinois October 1, 2005
Mulberry Grove, Illinois October 1, 2005
New Boston, Illinois October 1, 2005
New Burnside, Illinois October 1, 2005
New Minden/Nashville, Illinois October 1, 2005
Oakrun (Metamora), Illinois October 1, 2005
Ohio, Illinois October 1, 2005
Olmsted, Illinois October 1, 2005
Paw Paw, Illinois October 1, 2005
Penfield, Illinois October 1, 2005
Pinewood Park, Illinois October 1, 2005
Pocohantas, Illinois October 1, 2005
Redmon, Illinois October 1, 2005
Royal, Illinois October 1, 2005
Sadorus, Illinois October 1, 2005
Seaton, Illinois October 1, 2005
Steward, Illinois October 1, 2005
Stonefort, Illinois October 1, 2005
Tamaroa, Illinois October 1, 2005
Thawville, Illinois October 1, 2005
Thompsonville, Illinois October 1, 2005
Troy Grove, Illinois October 1, 2005
W. Pierrone/E. Pierrone, Illinois October 1, 2005
Waltonville, Illinois October 1, 2005
West Salem, Illinois October 1, 2005
West Union, Illinois October 1, 2005
White Heath/Monticello, Illinois October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Indiana
Andrews, Indiana October 1, 2005
Arlington/Rush Co., Indiana October 1, 2005
Ashley, Indiana October 1, 2005
Big Long Lake/Big Lake, Indiana October 1, 2005
Boswell, Indiana October 1, 2005
Bretzville/Stant-Marks, Indiana October 1, 2005
Cataract Lake/Owen Co., Indiana October 1, 2005
Chrisney, Indiana October 1, 2005
Claypool, Indiana October 1, 2005
Clear Lake, Indiana October 1, 2005
Cloverdale, Indiana October 1, 2005
Crane, Indiana October 1, 2005
Dana, Indiana October 1, 2005
Darlington, Indiana October 1, 2005
Dubois, Indiana October 1, 2005
Fish Lake/Lagrange Co./Royer, Indiana October 1, 2005
Frankton, Indiana October 1, 2005
Freetown/Jackson Co., Indiana October 1, 2005
Gaston, Indiana October 1, 2005
Gentryville, Indiana October 1, 2005
Golden Lake, Indiana October 1, 2005
Hillsboro, Indiana October 1, 2005
Hoagland/Poe/Mill Rd, Indiana October 1, 2005
Holland, Indiana October 1, 2005
Jamestown, Indiana October 1, 2005
Kimmell, Indiana October 1, 2005
Kingman, Indiana October 1, 2005
Knapp Lake, Indiana October 1, 2005
Ladoga, Indiana October 1, 2005
Lafontaine, Indiana October 1, 2005
Lagro, Indiana October 1, 2005
Lapel, Indiana October 1, 2005
Liberty Mills, Indiana October 1, 2005
Macy, Indiana October 1, 2005
Manilla/Homer, Indiana October 1, 2005
Markle, Indiana October 1, 2005
Mentone, Indiana October 1, 2005
Milroy, Indiana October 1, 2005
Mongo/Lagrange Co., Indiana October 1, 2005
Monterey, Indiana October 1, 2005
Montezuma, Indiana October 1, 2005
Morristown, Indiana October 1, 2005
New Market, Indiana October 1, 2005
Newport, Indiana October 1, 2005
Cable Systems: Temporary Waiver Granted
Until:
Oliver Lake/Wolcotville, Indiana October 1, 2005
Orland, Indiana October 1, 2005
Otter Lake, Indiana October 1, 2005
Otwell, Indiana October 1, 2005
Owensberg, Indiana October 1, 2005
Oxford, Indiana October 1, 2005
Perrysville, Indiana October 1, 2005
Pretty Lake/Big Long Lake, Indiana October 1, 2005
Roann, Indiana October 1, 2005
Royal Center, Indiana October 1, 2005
Russellville, Indiana October 1, 2005
Sheridan, Indiana October 1, 2005
Shipshewana, Indiana October 1, 2005
Somerset, Indiana October 1, 2005
Spurgeon, Indiana October 1, 2005
St. Paul, Indiana October 1, 2005
Summitville, Indiana October 1, 2005
Topeka, Indiana October 1, 2005
Twin Lake/Howe, Indiana October 1, 2005
Urbana, Indiana October 1, 2005
Van Buren, Indiana October 1, 2005
Walton, Indiana October 1, 2005
Waveland, Indiana October 1, 2005
Waynetown, Indiana October 1, 2005
West Lebanon, Indiana October 1, 2005
West Point, Indiana October 1, 2005
Whitestown, Indiana October 1, 2005
Worthington, Indiana October 1, 2005
Young America, Indiana October 1, 2005
Zanesville, Indiana October 1, 2005
Iowa
Adiar, Iowa October 1, 2005
Afton, Iowa October 1, 2005
Alexander, Iowa October 1, 2005
Allerton, Iowa October 1, 2005
Braddyville, Iowa October 1, 2005
Bridgewater, Iowa October 1, 2005
Chester, Iowa October 1, 2005
Cincinnati, Iowa October 1, 2005
Coin, Iowa October 1, 2005
College Springs, Iowa October 1, 2005
Conesville, Iowa October 1, 2005
Crawfordsville, Iowa October 1, 2005
Cable Systems: Temporary Waiver Granted
Until:
Cumberland, Iowa October 1, 2005
Delta, Iowa October 1, 2005
Denmark/Lee Co., Iowa October 1, 2005
Donnellson, Iowa October 1, 2005
Drakesville, Iowa October 1, 2005
Fontanelle, Iowa October 1, 2005
Garden Grove, Iowa October 1, 2005
Grandview, Iowa October 1, 2005
Hastings, Iowa October 1, 2005
Henderson, Iowa October 1, 2005
Holland, Iowa October 1, 2005
Humeston, Iowa October 1, 2005
Keswick, Iowa October 1, 2005
Letts, Iowa October 1, 2005
Lincoln, Iowa October 1, 2005
Lineville, Iowa October 1, 2005
M&W MHP/Muscatine/Ripley, Iowa October 1, 2005
Massena, Iowa October 1, 2005
Moravia, Iowa October 1, 2005
Moulton, Iowa October 1, 2005
Mystic, Iowa October 1, 2005
Oakville, Iowa October 1, 2005
Orient, Iowa October 1, 2005
Pacific Junction, Iowa October 1, 2005
Prescott, Iowa October 1, 2005
Pulaski, Iowa October 1, 2005
Rowan, Iowa October 1, 2005
Russell, Iowa October 1, 2005
Salem, Iowa October 1, 2005
Seymour, Iowa October 1, 2005
Shambaugh, Iowa October 1, 2005
Winfield, Iowa October 1, 2005
Wiota, Iowa October 1, 2005
Kansas
Bentley, Kansas October 1, 2005
Burns, Kansas October 1, 2005
Haddam, Kansas October 1, 2005
La Harpe, Kansas October 1, 2005
Mahaska, Kansas October 1, 2005
Marquette, Kansas October 1, 2005
Munden, Kansas October 1, 2005
Narka, Kansas October 1, 2005
Wisley, Kansas October 1, 2005 Cable Systems: Temporary Waiver
Granted Until:
Missouri
Adrian, Missouri October 1, 2005
Barnard, Missouri October 1, 2005
Breckenridge, Missouri October 1, 2005
Buffalo, Missouri October 1, 2005
Burlington Junction, Missouri October 1, 2005
Cainsville, Missouri October 1, 2005
Calhoun, Missouri October 1, 2005
Canton, Missouri October 1, 2005
Center, Missouri October 1, 2005
Clearmont, Missouri October 1, 2005
Cole Camp, Missouri October 1, 2005
Creighton, Missouri October 1, 2005
Crocker, Missouri October 1, 2005
Deep Water, Missouri October 1, 2005
Downing, Missouri October 1, 2005
Eagleville, Missouri October 1, 2005
Elmo, Missouri October 1, 2005
Frankford, Missouri October 1, 2005
Franklin, Missouri October 1, 2005
Freeburg, Missouri October 1, 2005
Garden City, Missouri October 1, 2005
Gilman City, Missouri October 1, 2005
Gorin, Missouri October 1, 2005
Grant City, Missouri October 1, 2005
Green Ridge, Missouri October 1, 2005
Hardin, Missouri October 1, 2005
Holt, Missouri October 1, 2005
Hopkins, Missouri October 1, 2005
Iberia, Missouri October 1, 2005
Johnson Co., Missouri October 1, 2005
Keytesville, Missouri October 1, 2005
King City, Missouri October 1, 2005
Labelle, Missouri October 1, 2005
Lamonte, Missouri October 1, 2005
Lancaster, Missouri October 1, 2005
Laredo, Missouri October 1, 2005
Lewistown, Missouri October 1, 2005
Lincoln, Missouri October 1, 2005
Meadville, Missouri October 1, 2005
Montrose, Missouri October 1, 2005
Mound City, Missouri October 1, 2005
New Hampton, Missouri October 1, 2005
New London, Missouri October 1, 2005
Orrick, Missouri October 1, 2005
Polo, Missouri October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Purdin, Missouri October 1, 2005
Ridgeway, Missouri October 1, 2005
Russelville, Missouri October 1, 2005
Spickard, Missouri October 1, 2005
Stanberry, Missouri October 1, 2005
Stewartsville, Missouri October 1, 2005
Stover, Missouri October 1, 2005
Taos, Missouri October 1, 2005
Urich, Missouri October 1, 2005
Vienna, Missouri October 1, 2005
Wayland, Missouri October 1, 2005
Westphalia, Missouri October 1, 2005
Wyaconda, Missouri October 1, 2005
Nebraska
Cedar Creek, Nebraska October 1, 2005
Dubois, Nebraska October 1, 2005
Endicott, Nebraska October 1, 2005
Lake Wa-Con-Da, Nebraska October 1, 2005
Otoe, Nebraska October 1, 2005
Prague, Nebraska October 1, 2005
Steinauer, Nebraska October 1, 2005
Tobias, Nebraska October 1, 2005
Union, Nebraska October 1, 2005
Weston, Nebraska October 1, 2005
Ohio
Scott, Ohio October 1, 2005
Oklahoma
Aline, Oklahoma October 1, 2005
Butler, Oklahoma October 1, 2005
Canton, Oklahoma October 1, 2005
Carter, Oklahoma October 1, 2005
Chattanooga, Oklahoma October 1, 2005
Cleo Springs, Oklahoma October 1, 2005
Davidson, Oklahoma October 1, 2005
Deer Creek, Oklahoma October 1, 2005
Duke, Oklahoma October 1, 2005
Eldorado, Oklahoma October 1, 2005
Fort Cobb, Oklahoma October 1, 2005
Fort Supply, Oklahoma October 1, 2005
Garber, Oklahoma October 1, 2005
Geronimo, Oklahoma October 1, 2005
Gotebo, Oklahoma October 1, 2005
Gracemont, Oklahoma October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Granite, Oklahoma October 1, 2005
Lamont, Oklahoma October 1, 2005
Lone Wolf, Oklahoma October 1, 2005
Martha, Oklahoma October 1, 2005
Medford, Oklahoma October 1, 2005
Meno, Oklahoma October 1, 2005
Ninnekah, Oklahoma October 1, 2005
Olustee, Oklahoma October 1, 2005
Red Rock, Oklahoma October 1, 2005
Ripley, Oklahoma October 1, 2005
Rocky, Oklahoma October 1, 2005
Sentinel, Oklahoma October 1, 2005
Synder, Oklahoma October 1, 2005
Tipton, Oklahoma October 1, 2005
Verden, Oklahoma October 1, 2005
Texas
Mission/Bentsen Grove, Texas October 1, 2005
Pleasant Valley, Texas October 1, 2005
Progreso, Texas October 1, 2005
San Carlos, Texas October 1, 2005
Sebastian, Texas October 1, 2005
_________________________
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)
(``Second Report and Order'').
5 Id. at 15512-13.
6 Id. at 15516-15518.
7 Id. at 15513.
8 Id. at 15513, n. 59.
9 The waivers will extend 36 months from October 1, 2002 until
October 1, 2005. CableDirect also specifically requested waiver
of the testing and monitoring requirements of the EAS rules for
these 316 systems. We clarify that the waivers we are granting
also encompass the EAS testing and monitoring requirements.
10 Amendment of Part 11 of the Commission's Rules Regarding
the Emergency Alert System, EB Docket 01-66, FCC 02-64 at ¶ 71
(released February 26, 2002).
11 One manufacturer estimated that an EAS decoder-only system
can reduce the cost by 64% over what a cable operator would spend
for an encoder/decoder unit. Id. at ¶ 70.
12 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.