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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mediacom Communications Corporation ) File No. EB-02-TS-617
)
Operator of Cable Systems in the States of: )
)
Alabama, Florida, Georgia, Illinois, Iowa, )
Kansas, Kentucky, Minnesota, Mississippi, )
Missouri and Wisconsin )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: April 16, 2003 Released: April 21, 2003
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
1. In this Order, we grant Mediacom Communications
Corporation (``Mediacom'') temporary, 12-month waivers of
Section 11.11(a) of the Commission's Rules (``Rules'') for 107
cable television systems in the 11 above-captioned states.
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
3. Mediacom filed a request for temporary, 12-month
waivers of Section 11.11(a) for 107 cable systems in the 11
captioned states on September 30, 2002. In support of its
waiver request, Mediacom states that it has embarked on a
capital expenditure to upgrade, interconnect and consolidate
its cable systems. Mediacom further states the
interconnection and consolidation of these 107 small, rural
cable systems, which serve between 25 and 5,697 subscribers,
will not be completed before October 1, 2002. Based on costs
associated with providing EAS equipment for its other cable
systems, Mediacom estimates that it would cost a total of
approximately $826,000 to install EAS equipment at 107 cable
systems. Mediacom asserts that its purchase of EAS equipment
before the interconnection and consolidation of these systems
are completed would result in economic waste. In addition,
Mediacom submits that its subscribers will continue to have
ready access to national EAS information from other sources,
including its cable systems. Mediacom also asserts that its
subscribers will have access to EAS information through over-
the-air reception of broadcast television and radio stations.
Finally, Mediacom believes that it can bring its cable systems
into EAS compliance within the next six months.
4. Based upon our review of the information submitted by
Mediacom, we conclude that temporary, 12-month waivers of
Section 11.11(a) for the 107 cable systems are warranted.7
5. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,8 Mediacom
Communications Corporation IS GRANTED a waiver of Section
11.11(a) of the Rules until October 1, 2003 for 107 cable
television systems in Attachment A.
6. IT IS FURTHER ORDERED that Mediacom Communications
Corporation place a copy of this waiver in its system files.
7. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to counsel
for Mediacom Communications Corporation, Stuart F. Feldstein,
Esq., Fleischman and Walsh, L.L.P, 1400 Sixteenth Street, N.
W., Washington, D. C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
Attachment A
Mediacom Communications Corporation
Cable Systems: Temporary Waiver Granted
Until:
Alabama
Hale County, Alabama October 1, 2003
Linden, Alabama October 1, 2003
York, Alabama October 1, 2003
Florida
Greensboro, Florida October 1, 2003
Gretna, Florida October 1, 2003
Havana, Florida October 1, 2003
Pensacola NAS, Florida October 1, 2003
Georgia
Eastman (city of), Georgia October 1, 2003
Lumber City, Georgia October 1, 2003
Ray City, Georgia October 1, 2003
Seminole (unincorp.), Georgia October 1, 2003
Shellman (city of), Georgia October 1, 2003
Sparks (town of), Georgia October 1, 2003
Telfair (unincorp.), Georgia October 1, 2003
Tift (unincorp.), Georgia October 1, 2003
Vienna (city of), Georgia October 1, 2003
Willacoochee, Georgia October 1, 2003
Iowa
Bedford (city of), Iowa October 1, 2003
Bloomfield (city of), Iowa October 1, 2003
Bonaparte, Iowa October 1, 2003
Clarinda (city of), Iowa October 1, 2003
Creston (city of), Iowa October 1, 2003
Corning (city of), Iowa October 1, 2003
Eddyville (city of), Iowa October 1, 2003
Fairbank, (Fayette County) Iowa October 1, 2003
Fredonia (city of), Iowa October 1, 2003
Garnavillo, Iowa October 1, 2003
Greenfield (city of), Iowa October 1, 2003
Knoxville (unincorp.), Iowa October 1, 2003
Leon, Iowa October 1, 2003
Lucas (unincorp.), Iowa October 1, 2003
Mills (portion) (unincorp.), Iowa October 1, 2003
Montezuma, Iowa October 1, 2003 Cable Systems: Temporary Waiver Granted
Until:
Mt Aye (city of), Iowa October 1, 2003
New Albin, Iowa October 1, 2003
New Sharon, Iowa October 1, 2003
Newton (city of), Iowa October 1, 2003
Osceola (city of), Iowa October 1, 2003
Pella (unincorp.), Iowa October 1, 2003
Perry (city of), Iowa October 1, 2003
Poweshiek (unincorp.), Iowa October 1, 2003
Prairie City (city of), Iowa October 1, 2003
Shenandoah (city of), Iowa October 1, 2003
Sully, Iowa October 1, 2003
Villisca (city of), Iowa October 1, 2003
Wellman, Iowa October 1, 2003
Winterset (city of), Iowa October 1, 2003
Wright (unincorp.), Iowa October 1, 2003
Illinois
Arenzville, Illinois October 1, 2003
Burlington, Illinois October 1, 2003
Cantrall (unincorp. outside), Illinois October 1, 2003
Casey (city of), Illinois October 1, 2003
Clay City (village of), Illinois October 1, 2003
Coffeen, Illinois October 1, 2003
Crawford, Illinois October 1, 2003
Farina (village of), Illinois October 1, 2003
Garden Prairie, Illinois October 1, 2003
Gilberts, Illinois October 1, 2003
Greenview, Illinois October 1, 2003
Hampshire, Illinois October 1, 2003
Hanover (city of), Illinois October 1, 2003
Harrisburg (town of), Illinois October 1, 2003
Herrick, Illinois October 1, 2003
Irving, Illinois October 1, 2003
Kirkland, Illinois October 1, 2003
Lacon, Illinois October 1, 2003
Malta, Illinois October 1, 2003
Maple Park, Illinois October 1, 2003
Marshall (city of), Illinois October 1, 2003
McHenry, Illinois October 1, 2003
Neoga (city of), Illinois October 1, 2003
Oconee, Illinois October 1, 2003
Pulaski County, Illinois October 1, 2003
Ridott, Illinois October 1, 2003
Robinson, Illinois October 1, 2003
Shipman, Illinois October 1, 2003
Cable Systems: Temporary Waiver Granted
Until:
Smithton, Illinois October 1, 2003
Strasburg (village of), Illinois October 1, 2003
Stewardson (village of), Illinois October 1, 2003
Tilden, Illinois October 1, 2003
Toledo (village of), Illinois October 1, 2003
Tower Hill, Illinois October 1, 2003
Union County, Illinois October 1, 2003
Williamson (unincorp.), Illinois October 1, 2003
Wilsonville, Illinois October 1, 2003
Windsor (city of), Illinois October 1, 2003
Kansas
Eureka, Kansas October 1, 2003
Hamilton, Kansas October 1, 2003
Madison, Kansas October 1, 2003
Mulberry, Kansas October 1, 2003
Kentucky
Edmonson, (Rough River) Kentucky October 1, 2003
St. Paul, Kentucky October 1, 2003
Minnesota
City of Brownsville, Minnesota October 1, 2003
New Hartford, Minnesota October 1, 2003
Silver Bay, Minnesota October 1, 2003
Two Harbors (unincorp. outside), Minnesota October 1, 2003
Missouri
Archie, Missouri October 1, 2003
Sarcoxie, Missouri October 1, 2003
Mississippi
George County, Mississippi October 1, 2003
Pearlington, Mississippi October 1, 2003
Wiggins (unincorp. outside), Mississippi October 1,
2003
Wisconsin
City of Albany, Wisconsin October 1, 2003
Argyle, Wisconsin October 1, 2003
Blanchardville, Wisconsin October 1, 2003
Ferryville, Wisconsin October 1, 2003
Orfordville, Wisconsin October 1, 2003
Wheatland, Wisconsin October 1, 2003
_________________________
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 The waivers will extend from October 1, 2002, until October
1, 2003. Additionally, we clarify that the waivers we are
granting also encompass the EAS testing and monitoring
requirements.
8 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.