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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications, Inc. ) File No. EB-02-TS-459
)
Operator of Cable Systems in the States of: )
)
Colorado, Georgia, Idaho, Illinois, Indiana, )
Kentucky, Louisiana, Michigan, Mississippi, )
Missouri, Nebraska, Nevada, North Carolina, )
Oklahoma, Tennessee, Texas, Utah, Washington )
)
Request for Waiver of Section 11.11(a) of the )
Commission's Rules )
ORDER
Adopted: February 25, 2003 Released: March 3, 2003
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
1. In this Order, we grant Charter Communications, Inc.
(``Charter Cable'') temporary, 36-month waivers of Section
11.11(a) of the Commission's Rules (``Rules'') for 69 cable
television systems in 18 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 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 23, 2002, Charter filed a request for
temporary, three-year waivers of Section 11.11(a) for 69
small, rural cable systems in the 18 captioned states.
Charter states that these cable systems serve 100 or fewer
subscribers. Based on price quotes provided by EAS equipment
manufacturers, Charter estimates that it would cost a total of
approximately $655,500 to install EAS equipment at the 69
systems. Charter 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, Charter submits that its subscribers
will continue to have ready access to national EAS information
from other sources, including its cable systems. Charter also
asserts that its subscribers will have access to EAS
information through over-the-air reception of broadcast
television and radio stations. Finally, Charter believes that
it can ensure that all stand alone systems comply with EAS
requirements within three years.
4. Based upon our review of the financial data and other
information submitted by Charter, we conclude that temporary,
36-month waivers of Section 11.11(a) for the 69 cable systems
in the captioned states are warranted.9 In particular, we
find that the estimated $655,500 cost to install EAS equipment
at these cable systems could impose a financial hardship on
Charter.
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 Charter
Communications, Inc. IS GRANTED a waiver of Section 11.11(a)
of the Rules until October 1, 2005 for 69 cable television
systems listed in Attachment A.
7. IT IS FURTHER ORDERED that Charter 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 Charter Communications, Inc., Timothy P. Tobin, Esq.,
Cole, Raywid & Braverman, LLP, 1919 Pennsylvania Avenue, N.W.,
Suite 200, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
Attachment A
Charter Communications, Inc.
Cable Systems: Waivers Granted Until:
Colorado
Fleming, Colorado October 1, 2005
Georgia
Tignall, Georgia October 1, 2005
Idaho
Donnelly, Idaho October 1, 2005
Illinois
Enfield, Illinois October 1, 2005
Indiana
Lynnville, Indiana October 1, 2005
Troy, Indiana October 1, 2005
Kentucky
Bradfordsville, Kentucky October 1, 2005
Greenup, Kentucky October 1, 2005
Louisiana
Dixie Inn, Louisiana October 1, 2005
Sicily Island, Louisiana October 1, 2005
Tangipahoa Village, Louisiana October 1, 2005
Michigan
Ashley, Michigan October 1, 2005
Barryton, Michigan October 1, 2005
Barton City, Michigan October 1, 2005
Brethren, Michigan October 1, 2005
Broomfield, Michigan October 1, 2005
Freesoil, Michigan October 1, 2005
Luzerne, Michigan October 1, 2005
Mesick, Michigan October 1, 2005
Mikado, Michigan October 1, 2005
Perrinton, Michigan October 1, 2005
Prescot, Michigan October 1, 2005
Sterling, Michigan October 1, 2005
Wellston, Michigan October 1, 2005
Woodland, Michigan October 1, 2005
Cable Systems: Waivers Granted Until:
Mississippi
Osyka, Mississippi October 1, 2005
Missouri
Annapolis, Missouri October 1, 2005
Bell City, Missouri October 1, 2005
Cairo, Missouri October 1, 2005
Chamois, Missouri October 1, 2005
Fisk, Missouri October 1, 2005
Qulin, Missouri October 1, 2005
Nebraska
Boelus, Nebraska October 1, 2005
Elba, Nebraska October 1, 2005
Dannebrog, Nebraska October 1, 2005
Mason City, Nebraska October 1, 2005
Oconto, Nebraska October 1, 2005
Talmage, Nebraska October 1, 2005
Nevada
Lockwood, Nevada October 1, 2005
North Carolina
Ashe, North Carolina October 1, 2005
Oklahoma
Adair, Oklahoma October 1, 2005
Agra, Oklahoma October 1, 2005
Boynton, Oklahoma October 1, 2005
Carney, Oklahoma October 1, 2005
Cromwell, Oklahoma October 1, 2005
Colcord, Oklahoma October 1, 2005
Depew, Oklahoma October 1, 2005
Dustin, Oklahoma October 1, 2005
Hulbert, Oklahoma October 1, 2005
Kansas, Oklahoma October 1, 2005
Kellyville, Oklahoma October 1, 2005
Luther, Oklahoma October 1, 2005
Marland, Oklahoma October 1, 2005
Milburn, Oklahoma October 1, 2005
Porter, Oklahoma October 1, 2005
Tryon, Oklahoma October 1, 2005
Wyandotte, Oklahoma October 1, 2005
Cable Systems: Waivers Granted Until:
Tennessee
West Pointe, Tennessee October 1, 2005
Texas
Kosse, Texas October 1, 2005
Leona, Texas October 1, 2005
Lipan, Texas October 1, 2005
Midway, Texas October 1, 2005
North Zulch, Texas October 1, 2005
Richland Springs, Texas October 1, 2005
Spicewood Beach, Texas October 1, 2005
Tilden, Texas October 1, 2005
Utah
Rockville, Utah October 1, 2005
Washington
Northport, Washington October 1, 2005
Starbuck, Washington October 1, 2005
_________________________
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 12-month waiver will extend from October 1, 2002, until
October 1, 2003, and the 36-month waiver 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.