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Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
)
Pinpoint Communications, Inc. )
)
Operator of Cable Systems in: )
)
Alma, Nebraska )
Beaver City, Nebraska )
Cuylbertson, Nebraska ) File No. EB-04-HS-0013
Franklin, Nebraska )
Orleans, Nebraska )
Oxford, Nebraska )
Red Cloud, Nebraska )
)
Request for Waiver of Section )
11.11(a) of the )
Commission's Rules
ORDER
Adopted: June 28, 2004 Released: June 30,
2004
By the Director, Office of Homeland Security, Enforcement Bureau:
1. In this Order, we grant Pinpoint Communications, Inc.
(Pinpoint) temporary waivers of section 11.11(a) of the
Federal Communications Commission's (Commission) rules (Rules)
1 for the seven above-captioned cable television systems.
Section 11.11(a) of the Rules 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, 2002.2
2. The Cable Act of 1992 added new section 624(g) to the
Communications Act of 1934, as amended3 (Act), and required
that cable systems be capable of providing EAS alerts to their
subscribers.4 In 1994, the Commission adopted rules requiring
cable systems to participate in EAS.5 In 1997, the Commission
amended the EAS rules to provide financial relief for small
cable systems.6 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).7 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.8 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.9
3. On February 15, 2004, Pinpoint filed a request for temporary
waivers of the EAS requirements for the above captioned cable
television systems which it recently acquired from Classic
Communications, Inc.10 In support of its waiver requests,
Pinpoint reports that these are small, rural cable systems
which serve between 100 and 300 subscribers. Based on price
quotes provided by EAS equipment vendors, Pinpoint estimates
that it would cost approximately $59,500 to purchase and
install EAS equipment at the subject cable systems. Pinpoint
asserts that this cost will impose a substantial financial
hardship on it and provides its financial statements for 2002
and 2003 in support of this assertion. In addition, Pinpoint
submits that its subscribers will continue to have ready
access to national EAS information from other sources, many of
which are carried on Pinpoint's systems. In this regard,
Pinpoint notes that its subscribers currently have access to
national EAS messages on at least 50 percent of all programmed
channels. Finally, Pinpoint states that its subscribers will
have access to state and local EAS information through over-
the-air reception of broadcast television and radio stations.
4. Based upon our review of the financial data and other
information submitted by Pinpoint, we conclude that temporary
waivers of section 11.11(a) of the rules for the above-
captioned cable television systems, is warranted. In
particular, we find that the estimated $59,500 cost to
purchase and install EAS equipment at these recently acquired
cable television systems could impose a financial hardship on
Pinpoint.
5. Accordingly, IT IS ORDERED that, pursuant to sections 0.111,
0.204(b) and 0.311 of the rules,11 Pinpoint Communications,
Inc.'s request for temporary waivers of section 11.11(a) of
the rules is GRANTED until October 1, 2005, for the seven
captioned cable television systems.12
6. IT IS FURTHER ORDERED that Pinpoint Communications, Inc.
place a copy of this waiver in its system files.
7. IT IS FURTHER ORDER that a copy of this Order shall be sent
by Certified Mail Return Receipt Requested to Roger Hoffman,
Executive Vice President, Pinpoint Communications, Inc., 611
Patterson, Box 490, Cambridge, Nebraska 69022.
FEDERAL COMMUNICATIONS COMMISSION
James A. Dailey
Director, Office of Homeland Security
Enforcement Bureau
- Unhandled Picture -
_________________________
1 47 C.F.R. § 11.11(a).
2 Id.
3 The Communications Act of 1934 was amended by the
Telecommunications Act of 1996. Pub. L. No. 104-104, 110 Stat. 56
(1996) (1996 Act).
4 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).
5 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).
6 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).
7 Id. at 15512-13.
8 Id. at 15516-15518.
9 Id. at 15513.
10 On October 1, 2002, Classic was granted temporary waivers,
until October 1, 2005, for the subject systems. See, Classic
Communication, Inc., Order, 17 FCC Rcd 19350 (2002) (Chief,
Spectrum Enforcement Division, Enforcement Bureau).
11 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.
12 We clarify that these waivers also encompass the EAS testing
and monitoring requirements.