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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Illinois State Emergency Communications      )
Committee                       )
                                )
                                )    File No. EB-03-HS-030
                                )
                                )
Request for Waiver of Section 11.61(a)(1)(v) of the    )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted: January 28, 2004               Released:    January  29, 
2004

By the Director, Office of Homeland Security, Enforcement Bureau:
     
     1.   In this Order, we grant the Illinois State Emergency 
Communications Committee (``Illinois SECC'') a six-month waiver 
of section 11.61(a)(1)(v) of the Commission's Rules (``Rules'')  
to conduct its Emergency Alert System (``EAS'') Required Monthly 
Test (``RMT'') on the first Tuesday of each month at 10:15 a.m.1   
Section 11.61(a)(1)(v) requires broadcast stations and cable 
systems to conduct RMTs  in odd number months between 8:30 a.m. 
and local sunset, and in even numbered months the RMTs must be 
conducted between local sunset and 8:30 a.m. 

     2.   For the past several years the Commission has granted 
the Illinois SECC a yearly waiver of the Rules to allow it to 
conduct its monthly EAS tests on the first Tuesday of each month 
at 10:15 a.m., rather than conducting the tests in the manner 
required by section 11.61(a)(1)(v).2  We have granted these 
waivers to accommodate the Illinois SECC, which requested that 
its RMTs be conducted at a fixed time to allow it to make 
improvements to its statewide Illinois EAS system.  

     3.   On December 11, 2003, the Illinois SECC filed a request 
for a further twelve month extension of its existing waiver.   
The Illinois SECC states that this extension of its authority to 
conduct the RMT at a fixed time is necessary because the Illinois 
Emergency Management Agency (IEMA) has established a new database 
as part of its ongoing plan to improve coverage of the 45.44 MHz 
base station network that is used to link the EAS Local Primary 
stations to IEMA across the state.  The Illinois SECC argues that 
it needs the additional twelve months to integrate this new 
database into the statewide EAS network.   

     4.   We note that this current request is identical to those 
filed by the Illinois SECC annually for the past four years.   
Based upon our review of the information provided in its waiver 
request, and as agreed to by the Illinois SECC in a subsequent 
telephone conversation with the Office of Homeland Security (OHS) 
staff,3 we believe that an additional six-month waiver will 
provide the Illinois SECC with sufficient time to come into 
compliance with section 11.61(a)(1)(v) of the rules.   
Accordingly, all Illinois radio and television stations and 
subject cable systems may continue to adhere to the daytime 
schedule for the RMTs as stated in the Illinois State EAS plan 
until June 30, 2004. 
 
            5.      Accordingly,  IT  IS  ORDERED,  pursuant   to 
sections 0.111, 0.204(b)  and 0.311 of  the Commission's  rules,4 
that the  Illinois  State  Emergency  Communications  Committee's 
request for  waiver of  section 11.61(a)(1)(v)  of the  Rules  is 
GRANTED in part, consistent  with the discussion and  conclusions 
in this Order.

             6.     IT IS  FURTHER ORDERED  that a  copy of  this 
Order shall be sent  by  Certified Mail Return Receipt  Requested 
to   Warren   Shultz,   Chairman,   Illinois   State    Emergency 
Communications Committee, 190 N. State Street, Chicago,  Illinois  
60601.   


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         James A. Dailey
                         Director
                         Office of Homeland Security
                         Enforcement Bureau

_________________________

  1 47 C.F.R. § 11.61(a)(1)(v). 

  2 See, e.g., Letter  dated December 9, 2002, to Warren  Shultz, 
Chairman, Illinois SECC, from Chief, Technical and Public  Safety 
Division, Enforcement Bureau. 

3      Telephone conversation of January 22, 2004, between Warren 
Shulz, Chairman of  the Illinois  State Emergency  Communications 
Committee and  Bonnie Gay,  Program Analyst  with the  Office  of 
Homeland Security, Enforcement Bureau, FCC.

4       47 C.F.R. §§ 0.111, 0.204(b) and 0.311.