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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
C&W Enterprises, Inc. d/b/a Sterling Cable ) File No. EB-02-
TS-615
)
Operator of Wireless Cable System in:)
)
San Angelo, Texas )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: October 21, 2003 Released: October 23,
2003
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Order, we grant C&W Enterprises, Inc. d/b/a
Sterling Cable (``Sterling'') a temporary waiver of Section
11.11(a) of the Commission's Rules (``Rules'') for the above-
captioned wireless cable television system. Section 11.11(a)
requires wireless cable systems serving fewer than 5,000
subscribers from a single transmission site 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. On September 30, 2002, Sterling filed an informational
notification of its status in complying with Section 11.11(a)
for the captioned wireless cable system. In the notification,
Sterling stated that it placed a purchaser order for EAS
equipment on September 19, 2002 for its small wireless cable
system which serves approximately 3,500 subscribers. Sterling
further stated that it expected the EAS equipment to be
delivered by October 18, 2002 and to immediately install the
equipment. Sterling submitted that after installation of EAS
equipment at its wireless cable system is completed, it shall
promptly notify the Commission that its EAS system is
operational. On July 16, 2003, Sterling filed a follow-up
informational notification. Sterling asserts that after
rectifying technical problems, its EAS system is fully
operational and in compliance with Section 11.11(a).
4. Based upon our review of the information submitted by
Sterling, we conclude that Sterling's notification should be
treated as a request for a temporary waiver of Section
11.11(a). We also conclude that a temporary waiver of Section
11.11(a) for the captioned wireless cable system is
warranted.7
5. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.204(b) and 0.311 of the Rules,8 C&W Enterprises, Inc.
d/b/a Sterling Cable IS GRANTED a waiver of Section 11.11(a)
of the Rules until July 16, 2003 for the captioned wireless
cable television system.
6. IT IS FURTHER ORDERED that C&W Enterprises, Inc. d/b/a
Sterling Cable place a copy of this waiver in its system file.
7. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to counsel
for C&W Enterprises, Inc. d/b/a Sterling Cable, Suzanne S.
Goodwyn, Esq., 1661 Hunting Creek Drive, Alexandria Virginia,
22314.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement 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 The waiver will extend from October 1, 2002, until July 16,
2003. We also clarify that the waiver we are granting also
encompasses the EAS testing and monitoring requirements.
8 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.