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


In the matter of                 )
                                )
Carson Communications, L.L.C.    )
                                )
Operator of Cable Systems in:    )
                                )    File No. EB-04-HS-058
Havensville, Kansas              )
Onaga, Kansas                    )
                                )
Request for Waivers of Section   )
11.11(a) of the Commission's     )
Rules



                              ORDER

   Adopted:  January 31, 2005           Released:  February 2, 
2005

By the Director, Office of Homeland Security, Enforcement Bureau

1.   In this Order, we grant Carson Communications, L.L.C. 
  (Carson) temporary waivers of section 11.11(a) of the Federal 
  Communications Commission's (Commission) rules (Rules) 1 for 
  the above-captioned cable television systems.  Section 
  11.11(a) of the Rules required 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 to 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 July 14, 2004, Carson filed a request for temporary 
waivers of the EAS requirements for the above captioned cable 
television systems which it acquired from Galaxy Cable, Inc. on 
June 1, 2004.10  In support of its waiver requests, Carson 
reports that these are small, rural cable systems which serve 
between 36 and 155 subscribers, respectively.  Based on price 
quotes provided by EAS equipment vendors, Carson estimates that 
it would cost approximately $20,000 to purchase and install EAS 
equipment at the subject cable systems.  Carson asserts that this 
cost will impose a substantial financial hardship on it and 
provides financial data for 2004 and through May 2004, in support 
of this assertion.  Carlson argues that the need for the waivers 
is especially acute because the Havensville and Onaga system are 
very small and are not yet generating the revenue to fund the 
purchase and installation of EAS equipment.  Finally, Carson 
contends that subscribers will continue to have ready access to 
national EAS information from other sources, including its cable 
system and over-the-air reception of broadcast television and 
radio stations.  

     4    Based upon our review of the financial data and other 
information submitted by Carson, we conclude that temporary 
waivers of section 11.11(a) of the rules its cable television 
systems in Havensville and Onaga, Kansas, are warranted.   In 
particular, we find that the estimated $20,000 cost to purchase 
and install EAS equipment at these recently acquired cable 
television systems could impose a financial hardship on Carson.
       
3.   Accordingly, IT IS ORDERED that, pursuant to sections 0.111, 
  0.204(b) and 0.311 of the rules,11 Carson  Communications, 
  Inc.'s request for temporary waivers of section 11.11(a) of 
  the rules is GRANTED until October 1, 2005, for its cable 
  television systems in Havensville and Onaga, Kansas.12
4.   IT IS FURTHER ORDERED that Carson Communications, Inc. place 
  a copy of this waiver in its system files. 

5.   IT IS FURTHER ORDER that a copy of this Order shall be sent 
  by Certified Mail Return Receipt Requested to counsel for 
  Carson Communications, L.L.C, Christopher C. Cinnamon, Esq., 
  Cinnamon Muller, 307 North Michigan Avenue, Suite 1020, 
  Chicago, Illinois  60601. 
                         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 June 18, 2002, Galaxy was granted temporary waivers,  until 
October 1, 2005, for the subject systems.  See, Galaxy  Telecom., 
L.P., Order, 17 FCC Rcd 11798  (2002); In an Order released  July 
18, 2003,  we  clarified  that  the  waivers  granted  to  Galaxy 
Telecom, L.P. would apply to  its successor, Galaxy Cable,  Inc., 
See Galaxy Cable,  Inc. Order  17 FCC Rcd  14522 (2003).  (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.