Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Marianas Cablevision, Inc. ) File No. EB-02-TS-383
)
Operator of Cable Systems in: )
)
The Commonwealth of Northern Mariana )
Islands of Saipan and Rota )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: July 9, 2003 Released: July 14, 2003
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
1. In this Order, we grant Marianas Cablevision, Inc.
(``MCV'') a temporary, 36-month waiver of Section 11.11(a) of
the Commission's Rules (``Rules'') for the two above-captioned
cable television systems. Section 11.11(a) requires cable
systems serving more than 5,000 but fewer than 10,000
subscribers from a headend to install Emergency Alert System
(``EAS'') equipment and begin providing EAS audio and video
messages on all channels by October 1, 2002.1 Section
11.11(a) requires cable systems serving fewer than 5,000
subscribers from a headend to either provide national level
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.
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 August 1, 2002, MCV filed a request for temporary,
36-month waivers of Section 11.11(a) for the two captioned
cable television systems. In support of its request, MCV
states that these small, cable systems are located in the
Pacific Ocean approximately 6,000 miles from Los Angeles,
California. MCV also states that the Saipan headend serves
approximately 6,500 subscribers in the communities of Saipan
and Tinian and the Rota headend serves approximately 450
subscribers in the community of Rota. Based on price quotes
provided by EAS equipment manufacturers, MCV estimates that it
would cost approximately $34,750 to install EAS equipment at
the two systems. MCV 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, MCV submits that there are no sources
transmitting live video signals to the Mariana Islands and
because it is beyond the footprint of U.S. domestic
satellites, the satellite feeds that MCV receives are from
other countries. MCV also submits that it transmits costly
videotaped programming, which is delayed one week from its
domestic presentation in the U.S. West Coast. MCV notes that
although the Mariana Island radio stations receive emergency
weather messages transmitted by NOAA radio, there is no over-
the-air reception of television broadcast service.
4. The EAS system in the Marianas is in a major state of
flux. EAS officials from the Marianas are working with EAS
staff at the FCC and Primary Entry Point staff from the
Department of Homeland Security, Federal Emergency Management
Agency (FEMA) to identify a primary entry point for the
Marianas and ensure the creation of a functioning EAS system.
5. Based upon our review of the financial data and other
information submitted by MCV, and the present state of flux of
the EAS system in the Marianas, we conclude that temporary, 36
month waivers of Section 11.11(a) for the two captioned cable
systems are warranted.9 In particular, we find that the
estimated $34,750 cost of EAS equipment for this small cable
system could impose a financial hardship on MCV.
6. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,10 Marianas
Cablevision, Inc. IS GRANTED a waiver of Section 11.11(a) of
the Rules for the two captioned cable television systems until
October 1, 2005.
7. IT IS FURTHER ORDERED that Marianas Cablevision, 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 Marianas Cablevision, Inc., John Wells King, Esq., Garvey,
Schubert & Barer, Fifth Floor, 1000 Potomac Street, N.W.,
Washington, DC 20007-3501.
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 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.