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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tip Top Communications ) File No. EB-02-TS-314
)
Operator of Cable Systems: )
)
Dow City, Iowa )
Dunlap, Iowa )
Schleswig, Iowa )
Vail, Iowa )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: April 16, 2002 Released: April 21, 2003
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
1. In this Order, we grant Tip Top Communications (``Tip
Top'') temporary, 36-month waivers of Section 11.11(a) of the
Commission's Rules (``Rules'') for the four above-captioned
cable television systems. 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 July 17, 2002, Tip Top filed a request for permanent
or five-year waivers of Section 11.11(a) for the four
captioned cable systems. In support of its waiver request, Tip
Top states that each of the systems serves small, rural
communities and has between 167 and 406 subscribers. Based on
price quotes provided by EAS equipment manufacturers, Tip Top
estimates that it would cost between $32,000 and $40,000 to
install EAS equipment at these systems. Tip Top asserts that
the cost of installing EAS equipment at the systems will
impose a substantial financial hardship on it and provides
financial statements for 2000 and 2001 in support of this
assertion. In addition, Tip Top submits that its subscribers
will continue to have ready access to national EAS information
from other sources, including its cable systems. Tip Top also
asserts that its subscribers will have access to EAS
information through over-the-air reception of broadcast
television and radio stations and other sources.
4. Based upon our review of the financial data and other
information submitted by Tip Top, we find that permanent or
five-year waivers of Section 11/11(a) for the four captioned
cable systems are not warranted. However, we conclude that
temporary, 36-month waivers of Section 11.11(a) for these
systems are warranted.9 In particular, we find that the
estimated $32,000 plus cost of EAS equipment for these small
cable systems could impose financial hardship on Tip Top.
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 Tip Top
Communications IS GRANTED waivers of Section 11.11(a) of the
Rules until October 1, 2005 for the four captioned cable
television systems.
7. IT IS FURTHER ORDERED that Tip Top Communications 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 Lois
Schroeder, Manager, Tip Top Communications, P.O. Box 7,
Arcadia, Iowa 51430.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
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)
(``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 from October 1, 2002 until October
1, 2005. 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.