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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Classic Communications, Inc. ) File No. EB-02-TS-123
)
Operator of Cable Systems in the States of )
)
Arkansas, Colorado, Kansas, Louisiana, )
Missouri, Nebraska, New Mexico, Ohio,)
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 Classic Communications, Inc.
(``Classic'') temporary waivers of Section 11.11(a) of the
Commission's Rules (``Rules'') for 559 cable television
systems in the ten above-captioned states. Specifically, we
grant temporary, 18-month waivers of Section 11.11(a) for 11
cable television systems in Attachment A, temporary, 24-month
waivers of Section 11.11(a) for 65 cable television systems in
Attachment A, and temporary, 36-month waivers of Section
11.11(a) for 483 cable television systems 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 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 the ten
captioned states. On July 18, 2002, Classic filed an
amendment to its waiver request which changed the number of
cable system headends to 559. Classic states that each of
these systems serves less than 5,000 subscribers. In
particular, Classic indicates that 11 cable systems serve
between 3019 and 4504 subscribers, 65 cable systems serve
between 1,004 and 2,671 subscribers, and 483 cable systems
serve between eight and 985 subscribers. In support of its
waiver request, Classic submits financial statements for 1999,
2000 and 2001 and states that it is currently operating as
debtor-in-possession under supervision of the Bankruptcy
Court.9 Based on price quotes provided by EAS equipment
manufacturers, Classic estimates that it would cost
approximately $8,430 per headend, for a total of over
$4,754,000 to install EAS equipment at the 559 systems. In
addition, Classic submits that its subscribers will continue
to have ready access to national EAS information from other
sources, including its cable systems. In this regard, Classic
notes that its subscribers currently have access to national
EAS messages on a substantial number of all programmed
channels. Classic 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 Classic, we decline to grant Classic
a permanent waiver of Section 11.11(a). Also, we decline to
grant Classic a temporary, five-year waiver of Section
11.11(a). However, the estimated cost of over $4,754,000 to
install EAS equipment at the 559 cable systems could impose a
financial hardship on Classic. Therefore, we conclude that
temporary, 18-month waivers of Section 11.11(a) for 11 of the
cable television systems in Attachment A are warranted, that
temporary, 24-month waivers of Section 11.11(a) for 65 of the
cable television systems in Attachment A are warranted, and
that temporary, 36-month waivers of Section 11.11(a) for 483
of the cable television systems in Attachment A are
warranted.10
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.11 Based on comments from equipment
manufacturers, we anticipate that such a decoder-only system
could result in significant cost savings to small cable
systems.12
6. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,13 Classic
Communications, Inc. IS GRANTED a waiver of Section 11.11(a)
of the Rules until April 1, 2004 for 11 cable television
systems listed in Attachment A, IS GRANTED a waiver of Section
11.11(a) of the Rules until October 1, 2004 for 65 cable
television systems listed in Attachment A, and IS GRANTED a
waiver of Section 11.11(a) of the Rules until October 1, 2005
for 483 cable systems listed in Attachment A.
7. IT IS FURTHER ORDERED that Classic Communications,
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 Classic Communications, Inc. Robert L. James, Esq., Raywid
& Braverman, LLP, 1919 Pennsylvania Avenue, NW, Suite 200,
Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
Attachment A
Classic Communications, Inc.
Cable Systems: Temporary Waiver Granted
Until:
Arkansas
Danville, Arkansas October 1, 2004
Miller County, Arkansas October 1, 2004
Sheridan, Arkansas October 1, 2004
Nashville, Arkansas October 1, 2004
Smackover, Arkansas October 1, 2004
Waldron, Arkansas October 1, 2004
Whitehall, Arkansas October 1, 2004
Stuttgart, Arkansas October 1, 2004
Mt. Ida, Arkansas October 1, 2005
DeWitt, Arkansas October 1, 2005
Lewisville, Arkansas October 1, 2005
Hazen, Arkansas October 1, 2005
Hamburg, Arkansas October 1, 2005
Hughes, Arkansas October 1, 2005
Pinebergen, Arkansas October 1, 2005
Mayflower, Arkansas October 1, 2005
Atkins, Arkansas October 1, 2005
Charleston, Arkansas October 1, 2005
Clarendon, Arkansas October 1, 2005
Lonoke, Arkansas October 1, 2005
Dover, Arkansas October 1, 2005
Bono, Arkansas October 1, 2005
Plainview, Arkansas October 1, 2005
England, Arkansas October 1, 2005
Des Arc, Arkansas October 1, 2005
Coal Hill, Arkansas October 1, 2005
Western Grove, Arkansas October 1, 2005
Baxter, Arkansas October 1, 2005
Junction City, Arkansas October 1, 2005
Stephens, Arkansas October 1, 2005
Jasper, Arkansas October 1, 2005
Bearden, Arkansas October 1, 2005
Delight, Arkansas October 1, 2005
Magazine, Arkansas October 1, 2005
London, Arkansas October 1, 2005
Harmony Grove, Arkansas October 1, 2005
Palestine, Arkansas October 1, 2005
Chidester, Arkansas October 1, 2005
Altheimer, Arkansas October 1, 2005
East Conway, Arkansas October 1, 2005
Holly Grove, Arkansas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Hector, Arkansas October 1, 2005
Leslie, Arkansas October 1, 2005
Emmet, Arkansas October 1, 2005
Ozark Acres, Arkansas October 1, 2005
Biscoe, Arkansas October 1, 2005
Bradley, Arkansas October 1, 2005
Wilmar, Arkansas October 1, 2005
Taylor, Arkansas October 1, 2005
Humphrey, Arkansas October 1, 2005
Lynn, Arkansas October 1, 2005
Wheatley, Arkansas October 1, 2005
So. Pine Bluff, Arkansas October 1, 2005
Grady, Arkansas October 1, 2005
Turrell, Arkansas October 1, 2005
Locust Bayou, Arkansas October 1, 2005
Carthage, Arkansas October 1, 2005
Hermitage, Arkansas October 1, 2005
Emerson, Arkansas October 1, 2005
Crawfordsville, Arkansas October 1, 2005
McDougal, Arkansas October 1, 2005
Harrell, Arkansas October 1, 2005
Leola, Arkansas October 1, 2005
Lake Earling, Arkansas October 1, 2005
Thornton, Arkansas October 1, 2005
Traskwood, Arkansas October 1, 2005
Knobel, Arkansas October 1, 2005
Almyra, Arkansas October 1, 2005
Fountain Hill, Arkansas October 1, 2005
Humnoke, Arkansas October 1, 2005
Garland City, Arkansas October 1, 2005
Sedgwick, Arkansas October 1, 2005
Ravenden Spring, Arkansas October 1, 2005
Okean, Arkansas October 1, 2005
McRae, Arkansas October 1, 2005
Colorado
Wray, Colorado October 1, 2005
Kansas
Clay Center, Kansas October 1, 2004
Beloit, Kansas October 1, 2004
Concordia, Kansas October 1, 2004
Fort Scott, Kansas October 1, 2004
Paola, Kansas October 1, 2004
Abilene, Kansas October 1, 2004
Phillipsburg, Kanas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Ellsworth, Kansas October 1, 2005
Lindsborg, Kansas October 1, 2005
Smith Center, Kansas October 1, 2005
Anthony, Kansas October 1, 2005
Plainville, Kansas October 1, 2005
Oberlin, Kansas October 1, 2005
Spring Hill, Kansas October 1, 2005
Saint Francis, Kansas October 1, 2005
Kiowa, Kansas October 1, 2005
Pleasanton, Kansas October 1, 2005
Louisburg, Kansas October 1, 2005
Leoti, Kansas October 1, 2005
Caldwell, Kansas October 1, 2005
Stockton, Kansas October 1, 2005
Lincoln, Kansas October 1, 2005
Saint John, Kansas October 1, 2005
Victoria, Kansas October 1, 2005
Frontenac, Kansas October 1, 2005
Ashland, Kansas October 1, 2005
Ness City, Kansas October 1, 2005
Coldwater, Kansas October 1, 2005
Norton, Kansas October 1, 2005
Sterling, Kansas October 1, 2005
Jetmore, Kansas October 1, 2005
Bucklin, Kansas October 1, 2005
Kensington, Kansas October 1, 2005
Sharon Springs, Kansas October 1, 2005
Tribune, Kansas October 1, 2005
Lacygne, Kansas October 1, 2005
McDonald, Kansas October 1, 2005
Attica, Kansas October 1, 2005
Protection, Kansas October 1, 2005
Garden Plain, Kansas October 1, 2005
Macksville, Kansas October 1, 2005
Colwich, Kansas October 1, 2005
Downs, Kansas October 1, 2005
Argonia, Kansas October 1, 2005
Mount Hope, Kansas October 1, 2005
Sylvan Grove, Kansas October 1, 2005
Bazine, Kansas October 1, 2005
Dighton, Kansas October 1, 2005
Natoma, Kansas October 1, 2005
South Haven, Kansas October 1, 2005
Andale, Kansas October 1, 2005
Arlington, Kansas October 1, 2005
Norwich, Kansas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Geneseo, Kansas October 1, 2005
Luray, Kansas October 1, 2005
Pretty Prairie, Kansas October 1, 2005
Burrton, Kansas October 1, 2005
Tipton, Kansas October 1, 2005
Almena, Kansas October 1, 2005
Louisiana
Leesville, Louisiana April 1, 2004
New Iberia, Louisiana April 1, 2004
Moreauville, Louisiana April 1, 2004
Sibley, Louisiana October 1, 2004
Fort Polk, Louisiana October 1, 2004
Le Compete, Louisiana October 1, 2004
St. Joseph, Louisiana October 1, 2005
Boyce, Louisiana October 1, 2005
Bernice, Louisiana October 1, 2005
Marksville, Louisiana October 1, 2005
Dry Prong, Louisiana October 1, 2005
Cotton Valley, Louisiana October 1, 2005
Colfax, Louisiana October 1, 2005
Krotz Springs, Louisiana October 1, 2005
Melville, Louisiana October 1, 2005
Newellton, Louisiana October 1, 2005
Turkey Creek, Louisiana October 1, 2005
Natchez, Louisiana October 1, 2005
Simpson, Louisiana October 1, 2005
Lake Claiborne-N, Louisiana October 1, 2005
Clayton, Louisiana October 1, 2005
Effie, Louisiana October 1, 2005
Gibsland, Louisiana October 1, 2005
Waterproof, Louisiana October 1, 2005
Montgomery, Louisiana October 1, 2005
Wallace Ridge, Louisiana October 1, 2005
Monterey, Louisiana October 1, 2005
Lake St. John, Louisiana October 1, 2005
Haughton, Louisiana October 1, 2005
Rodessa, Louisiana October 1, 2005
Robeline, Louisiana October 1, 2005
Brouillette, Louisiana October 1, 2005
Georgetown, Louisiana October 1, 2005
Cloutierville, Louisiana October 1, 2005
McIntyre, Louisiana October 1, 2005
Calvin, Louisiana October 1, 2005
Dodson, Louisiana October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Missouri
Maryville, Missouri April 1, 2004
Lexington, Missouri October 1, 2004
Brookfield, Missouri October 1, 2004
Trenton, Missouri October 1, 2004
Cole County, Missouri October 1, 2004
Boonville, Missouri October 1, 2004
Lebanon, Missouri October 1, 2004
Neosho, Missouri October 1, 2004
Joe Bald/Hwy DD, Missouri October 1, 2004
Armstrong, Missouri October 1, 2005
Fairplay, Missouri October 1, 2005
Stotts City, Missouri October 1, 2005
Niangua, Missouri October 1, 2005
Mindenmines, Missouri October 1, 2005
Urbana, Missouri October 1, 2005
Norwood, Missouri October 1, 2005
Pleasant Hope, Missouri October 1, 2005
Sheldon, Missouri October 1, 2005
Fordland, Missouri October 1, 2005
Conway, Missouri October 1, 2005
Macks Creek, Missouri October 1, 2005
Clever, Missouri October 1, 2005
Sparta, Missouri October 1, 2005
Hartville, Missouri October 1, 2005
Galena, Missouri October 1, 2005
NW Joplin, Missouri October 1, 2005
Northshore, Missouri October 1, 2005
Wilson Bend, Missouri October 1, 2005
Drexel, Missouri October 1, 2005
Gainesville, Missouri October 1, 2005
Ivy Bend, Missouri October 1, 2005
Fairgrove, Missouri October 1, 2005
Niangua Bridge, Missouri October 1, 2005
SW Joplin, Missouri October 1, 2005
Glasgow, Missouri October 1, 2005
Missionary, Missouri October 1, 2005
Seneca, Missouri October 1, 2005
Tanneyville, Missouri October 1, 2005
Fayette, Missouri October 1, 2005
Coffman Bend, Missouri October 1, 2005
Lampe/Persimmon, Missouri October 1, 2005
Noel, Missouri October 1, 2005
Porter Mill, Missouri October 1, 2005
Gravois Mill, Missouri October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Nebraska
Alma, Nebraska October 1, 2005
Beaver City, Nebraska October 1, 2005
Culbertson, Nebraska October 1, 2005
Franklin, Nebraska October 1, 2005
Indianola, Nebraska October 1, 2005
Orleans, Nebraska October 1, 2005
Oxford, Nebraska October 1, 2005
Red Cloud, Nebraska October 1, 2005
New Mexico
Fort Sumner, New Mexico October 1, 2005
Melrose, New Mexico October 1, 2005
Santa Rosa, New Mexico October 1, 2005
Tatum, New Mexico October 1, 2005
Vaughn, New Mexico October 1, 2005
Ohio
Nelson, Ohio April 1, 2004
Thompson, Ohio October 1, 2004
Mahoning, Ohio October 1, 2004
Bloomingdale, Ohio October 1, 2005
Denmark, Ohio October 1, 2005
Rock Creek, Ohio October 1, 2005
Coitsville, Ohio October 1, 2005
Knoxville, Ohio October 1, 2005
Vernon, Ohio October 1, 2005
Oklahoma
Weatherford, Oklahoma April 1, 2004
Woodward, Oklahoma April 1, 2004
Purcell, Oklahoma April 1, 2004
Anadarko, Oklahoma October 1, 2004
Eufaula, Oklahoma October 1, 2004
Fort Sill, Oklahoma October 1, 2004
Healdton, Oklahoma October 1, 2004
Kingfisher, Oklahoma October 1, 2004
Idabel, Oklahoma October 1, 2004
Hugo, Oklahoma October 1, 2004
Poteau, Oklahoma October 1, 2004
Sallisaw, Oklahoma October 1, 2004
Hollis, Oklahoma October 1, 2005
Fairview, Oklahoma October 1, 2005
Walters, Oklahoma October 1, 2005
Spiro, Oklahoma October 1, 2005
Watonga, Oklahoma October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Comanche, Oklahoma October 1, 2005
Shattuck, Oklahoma October 1, 2005
Cache, Oklahoma October 1, 2005
Cherokee, Oklahoma October 1, 2005
Beaver, Oklahoma October 1, 2005
Heavener, Oklahoma October 1, 2005
Fletcher, Oklahoma October 1, 2005
Velma, Oklahoma October 1, 2005
Buffalo, Oklahoma October 1, 2005
Laverne, Oklahoma October 1, 2005
Hooker, Oklahoma October 1, 2005
Boise City, Oklahoma October 1, 2005
Waurika, Oklahoma October 1, 2005
Thomas, Oklahoma October 1, 2005
Hennessey, Oklahoma October 1, 2005
Burns Flat, Oklahoma October 1, 2005
Erick, Oklahoma October 1, 2005
Okeene, Oklahoma October 1, 2005
Rush Springs, Oklahoma October 1, 2005
Seiling, Oklahoma October 1, 2005
Cyril, Oklahoma October 1, 2005
Okarche, Oklahoma October 1, 2005
Vici, Oklahoma October 1, 2005
Waukomis, Oklahoma October 1, 2005
Pond Creek, Oklahoma October 1, 2005
Geary, Oklahoma October 1, 2005
Piedmont, Oklahoma October 1, 2005
Arapaho, Oklahoma October 1, 2005
Ryan, Oklahoma October 1, 2005
Binger, Oklahoma October 1, 2005
Newcastle, Oklahoma October 1, 2005
Dill City, Oklahoma October 1, 2005
Lahoma, Oklahoma October 1, 2005
Jones, Oklahoma October 1, 2005
Arnett, Oklahoma October 1, 2005
Leedey, Oklahoma October 1, 2005
Corn, Oklahoma October 1, 2005
Carmen, Oklahoma October 1, 2005
Canute, Oklahoma October 1, 2005
Freedom, Oklahoma October 1, 2005
Custer City, Oklahoma October 1, 2005
Billings, Oklahoma October 1, 2005
Terral, Oklahoma October 1, 2005
Helena, Oklahoma October 1, 2005
Hammon, Oklahoma October 1, 2005
Roosevelt, Oklahoma October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Wakita, Oklahoma October 1, 2005
Covington, Oklahoma October 1, 2005
Bokoshe, Oklahoma October 1, 2005
Paoli, Oklahoma October 1, 2005
Calumet, Oklahoma October 1, 2005
Dover, Oklahoma October 1, 2005
Union City, Oklahoma October 1, 2005
Camargo, Oklahoma October 1, 2005
Ames, Oklahoma October 1, 2005
Nash, Oklahoma October 1, 2005
Bessie, Oklahoma October 1, 2005
Fargo, Oklahoma October 1, 2005
Ringwood, Oklahoma October 1, 2005
Drummond, Oklahoma October 1, 2005
Goltry, Oklahoma October 1, 2005
Cashion, Oklahoma October 1, 2005
Dacoma, Oklahoma October 1, 2005
Kremlin, Oklahoma October 1, 2005
Breckenridge, Oklahoma October 1, 2005
Jet, Oklahoma October 1, 2005
Byars, Oklahoma October 1, 2005
Hardesty, Oklahoma October 1, 2005
Hunter, Oklahoma October 1, 2005
Wanette, Oklahoma October 1, 2005
Marshall, Oklahoma October 1, 2005
Washington, Oklahoma October 1, 2005
Texas
Clarksville, Texas April 1, 2004
Eastland, Texas April 1, 2004
Burkburnett, Texas April 1, 2004
Vernon, Texas October 1, 2004
Pecos, Texas October 1, 2004
Pilot Point, Texas October 1, 2004
Mauriceville, Texas October 1, 2004
Breckenridge, Texas October 1, 2004
Daingerfield, Texas October 1, 2004
Monahans, Texas October 1, 2004
Lampasas, Texas October 1, 2004
Mt. Belvieu, Texas October 1, 2004
Center, Texas October 1, 2004
Lake Cherokee, Texas October 1, 2004
Quinlan, Texas October 1, 2004
Brazoria, Texas October 1, 2004
Muleshoe, Texas October 1, 2004
Rockdale, Texas October 1, 2004 Cable Systems: Temporary Waiver Granted
Until:
Ingram, Texas October 1, 2004
Brady, Texas October 1, 2004
Kermit, Texas October 1, 2004
ARP, Texas October 1, 2004
Childress, Texas October 1, 2004
Crystal Beach, Texas October 1, 2004
Montgomery, Texas October 1, 2004
Rusk, Texas October 1, 2004
Kenedy, Texas October 1, 2004
Trinity, Texas October 1, 2004
Van Zandt, Texas October 1, 2004
Dimmitt, Texas October 1, 2004
Goodrich, Texas October 1, 2004
Tulia, Texas October 1, 2004
Seymour, Texas October 1, 2005
Olney, Texas October 1, 2005
Sonora, Texas October 1, 2005
Caldwell, Texas October 1, 2005
Crane, Texas October 1, 2005
Hawkins, Texas October 1, 2005
Post, Texas October 1, 2005
Fannett/Labelle, Texas October 1, 2005
Redwater, Texas October 1, 2005
Tyler County, Texas October 1, 2005
Nocona, Texas October 1, 2005
Quanah, Texas October 1, 2005
Spearman, Texas October 1, 2005
Big Lake, Texas October 1, 2005
Lost Pines, Texas October 1, 2005
Memphis, Texas October 1, 2005
Wellington, Texas October 1, 2005
Canadian, Texas October 1, 2005
Shamrock, Texas October 1, 2005
Junction, Texas October 1, 2005
Lubbock, Texas October 1, 2005
Albany, Texas October 1, 2005
Hamlin, Texas October 1, 2005
Anson, Texas October 1, 2005
Deleon, Texas October 1, 2005
Naples, Texas October 1, 2005
Henrietta, Texas October 1, 2005
Clifton, Texas October 1, 2005
San Saba, Texas October 1, 2005
Hull, Texas October 1, 2005
Grapeland, Texas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Mason, Texas October 1, 2005
Lucas, Texas October 1, 2005
Oklahoma, Texas October 1, 2005
Yorktown, Texas October 1, 2005
Splendora, Texas October 1, 2005
Pacucah, Texas October 1, 2005
Clarendon, Texas October 1, 2005
Lansing, Texas October 1, 2005
West, Texas October 1, 2005
Lowry Crossing, Texas October 1, 2005
Mart, Texas October 1, 2005
Rotan, Texas October 1, 2005
Knox City, Texas October 1, 2005
Liverpool, Texas October 1, 2005
Lyons, Texas October 1, 2005
Eldorado, Texas October 1, 2005
Menard, Texas October 1, 2005
Electra, Texas October 1, 2005
Kenefick, Texas October 1, 2005
Friona, Texas October 1, 2005
Porter, Texas October 1, 2005
Magnolia/Conroe, Texas October 1, 2005
Abernathy, Texas October 1, 2005
Anahuac, Texas October 1, 2005
Linden, Texas October 1, 2005
Center Point, Texas October 1, 2005
Crosbyton, Texas October 1, 2005
Leonard, Texas October 1, 2005
Spur, Texas October 1, 2005
San Leon, Texas October 1, 2005
Homer, Texas October 1, 2005
North Silsbee, Texas October 1, 2005
Lockney, Texas October 1, 2005
Gorman, Texas October 1, 2005
Oyster Creek, Texas October 1, 2005
Olton, Texas October 1, 2005
Wolfe, City, Texas October 1, 2005
Las Gallinas, Texas October 1, 2005
Eden, Texas October 1, 2005
Powderly, Texas October 1, 2005
Raywood, Texas October 1, 2005
Central, Texas October 1, 2005
Bloomington, Texas October 1, 2005
Hale Center, Texas October 1, 2005
Crowell, Texas October 1, 2005
Heights, Texas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Atascosa, Texas October 1, 2005
Idalou, Texas October 1, 2005
Nixon, Texas October 1, 2005
Ore City, Texas October 1, 2005
Plains, Texas October 1, 2005
Ralls, Texas October 1, 2005
Pleak, Texas October 1, 2005
Beach City, Texas October 1, 2005
Sterling City, Texas October 1, 2005
Alto, Texas October 1, 2005
Zavalla, Texas October 1, 2005
Flatonia, Texas October 1, 2005
Wildwood, Texas October 1, 2005
Booker, Texas October 1, 2005
Anna, Texas October 1, 2005
Wink, Texas October 1, 2005
Wallis, Texas October 1, 2005
Pottsboro, Texas October 1, 2005
Sundown, Texas October 1, 2005
Matador, Texas October 1, 2005
Cypress, Texas October 1, 2005
Plum Grove, Texas October 1, 2005
Hart, Texas October 1, 2005
Mertzon, Texas October 1, 2005
Reno, Texas October 1, 2005
Timpson, Texas October 1, 2005
Garrison, Texas October 1, 2005
Krum, Texas October 1, 2005
Sargent, Texas October 1, 2005
Diana, Texas October 1, 2005
Chillicothe, Texas October 1, 2005
Claude, Texas October 1, 2005
Stratford, Texas October 1, 2005
Sherwood Shores, Texas October 1, 2005
Adkins, Texas October 1, 2005
Caddo Peak, Texas October 1, 2005
Lefors, Texas October 1, 2005
Sante Fe, Texas October 1, 2005
Silverton, Texas October 1, 2005
Kilgore, Texas October 1, 2005
Groveton, Texas October 1, 2005
Moss Bluff/Libe, Texas October 1, 2005
Cushing, Texas October 1, 2005
Saint Jo, Texas October 1, 2005
Tenaha, Texas October 1, 2005
Burkeville, Texas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Beaumont Colony, Texas October 1, 2005
Indian Springs, Texas October 1, 2005
Roby, Texas October 1, 2005
Collin County, Texas October 1, 2005
Lovelady, Texas October 1, 2005
Christoval, Texas October 1, 2005
Colmesneil, Texas October 1, 2005
Kress, Texas October 1, 2005
Rocksprings, Texas October 1, 2005
Woden, Texas October 1, 2005
Runge, Texas October 1, 2005
Anton, Texas October 1, 2005
Golden, Texas October 1, 2005
Brookeland, Texas October 1, 2005
Algoa, Texas October 1, 2005
Gary/Lake Murva October 1, 2005
Riverside, Texas October 1, 2005
Arcola, Texas October 1, 2005
SE Lubbock County, Texas October 1, 2005
Follett, Texas October 1, 2005
Petersburg, Texas October 1, 2005
Egan, Texas October 1, 2005
Groom, Texas October 1, 2005
South Katy, Texas October 1, 2005
Higgins, Texas October 1, 2005
South Vidor, Texas October 1, 2005
Ector, Texas October 1, 2005
Happy, Texas October 1, 2005
Alba, Texas October 1, 2005
Cumby, Texas October 1, 2005
Woodrow, Texas October 1, 2005
Nome, Texas October 1, 2005
Lorenzo, Texas October 1, 2005
Wells, Texas October 1, 2005
Wickett, Texas October 1, 2005
Barstow, Texas October 1, 2005
Roaring Springs, Texas October 1, 2005
New Summerfield, Texas October 1, 2005
Darrouzett, Texas October 1, 2005
Hedley, Texas October 1, 2005
Avinger, Texas October 1, 2005
Cheek, Texas October 1, 2005
Dickens, Texas October 1, 2005
Howardwick, Texas October 1, 2005
Allendale, Texas October 1, 2005
Damon-Guy, Texas October 1, 2005 Cable Systems: Temporary Waiver Granted
Until:
Skellytown, Texas October 1, 2005
Boling, Texas October 1, 2005
Buffalo Springs Lake, Texas October 1, 2005
Camp Wood, Texas October 1, 2005
Fruitvale, Texas October 1, 2005
Mt. Enterprise, Texas October 1, 2005
Aqua Vista, Texas October 1, 2005
Rose City, Texas October 1, 2005
Cedar Springs, Texas October 1, 2005
Aztec, Texas October 1, 2005
Price, Texas October 1, 2005
Chester, Texas October 1, 2005
Quitaque, Texas October 1, 2005
Whiteface, Texas October 1, 2005
Elmo, Texas October 1, 2005
South Silsbee, Texas October 1, 2005
Grandfalls, Texas October 1, 2005
Comfort, Texas October 1, 2005
Holiday Lakes, Texas October 1, 2005
Laneville, Texas October 1, 2005
Myrtle Springs, Texas October 1, 2005
Reklaw, Texas October 1, 2005
Montague, Texas October 1, 2005
Imperial, Texas October 1, 2005
Country Haven, Texas October 1, 2005
Bellevue, Texas October 1, 2005
Carlsbad, Texas October 1, 2005
Barnhart, Texas October 1, 2005
Gardendale, Texas October 1, 2005
Goldsmith, Texas October 1, 2005
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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 On November 13, 2001, Classic Communications, Inc. filed for
Chapter 11 bankruptcy with the United States Bankruptcy Court,
the District of Delaware.
10 The 18-month waivers will extend from October 1, 2002 until
April 1, 2004. The 24-month waivers will extend from October 1,
2002 until October 1, 2004, and the 36-month waivers will extend
from October 1, 2002, until October 1, 2005. We clarify that the
waivers we are granting also encompass the EAS testing and
monitoring requirements.
11 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).
12 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.
13 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.