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DA 06-1373
July 3, 2006
EAS WAIVER EXTENSIONS GRANTED TO VERY SMALL CABLE SYSTEMS
By this Public Notice, the Enforcement Bureau (Bureau) of the Federal
Communications Commission (Commission) extends the waivers of the
Emergency Alert System (EAS) requirements under Part 11 of the
Commission's Rules, 47 C.F.R. Part 11, previously granted to the small
cable television systems listed in Appendices A and B. Specifically, the
waivers previously granted to the systems listed in Appendix A and
Appendix B are extended until June 30, 2007. Because these previously
granted waivers expired on June 30, 2006, we grant them nunc pro tunc back
to June 30, 2006.
BACKGROUND
In 1994, the Federal Communications Commission (FCC) adopted rules
requiring cable systems to participate in EAS, as mandated by section
624(g) of the Communications Act. In 1997, the Commission amended the EAS
rules to provide financial relief for small cable systems by extending the
deadline for cable systems serving fewer than 10,000 subscribers to begin
complying with the EAS rules until October 1, 2002.
Subsequently, the Commission set standards under which these small systems
could request waivers of the October 1, 2002 deadline. Over 300 cable
systems received such extensions, which were to last one, two, or three
years. The last group of extensions was due to expire on October 1, 2005.
On September 23, 2005, the Enforcement Bureau released an Order that
extended all existing EAS cable waivers from October 1, 2005 to March 1,
2006. Subsequently, 56 small cable providers filed requests for further
extension of the March 1 deadline for some or all of their systems. In a
Public Notice dated March 1, 2006 (March EAS Public Notice), the Bureau
extended this deadline from March 1, 2006 to June 30, 2006, to allow the
Bureau time to review the financial information filed in support of the
waiver requests.
DISCUSSION
EAS provides a critical public safety service to the American public,
promoting the safety of life and property through a national alert and
warning system. Thus, any waivers of the EAS requirements on financial
hardship grounds must be carefully considered and limited to the extent
possible. Nonetheless, the Commission has recognized that compliance with
these requirements could cause significant economic hardship in the case
of very small cable systems. The Commission, therefore, has provided for
relief from the EAS requirements in cases where a party can demonstrate
that compliance with our rules would impose such significant financial
burden. On this basis, we have reviewed the financial and other
information submitted by the cable systems that are subject to the Public
Notice of March 6, 2006, and conclude that further extensions of the
waivers of the EAS obligations set forth in Part 11 of the Commission's
rules are warranted for the cable systems listed in Appendices A and B
until June 30, 2007.
With respect to the systems listed in Appendix A, in 2002, the Bureau
granted Classic Communications, Inc. (Classic) temporary EAS waivers for
559 of its cable television systems. In February, 2006, Classic filed a
request for an extension of the waivers due to financial hardship for 58
of the original 559 systems until March 1, 2009, listed in Appendix A,
attached hereto. Classic noted that the vast majority of the systems for
which waivers had been granted had either been sold, shut down, or had
come into compliance. In April 2006, Classic submitted financial
statements in support of its financial hardship request. The Bureau
conducted economic analyses of these systems based on Classic's financial
information and has determined that compliance with the EAS rules would
cause financial hardship to these small systems. Accordingly, we will
grant an extension of the waiver for these systems. Because, in our
experience, circumstances can change regarding the status of cable
systems, as they have for many of the Classic systems for which the waiver
was originally granted, we are reluctant to grant the extension to March
1, 2009 as requested by Classic. In light of this, we will grant a
one-year extension of the Classic systems listed in Appendix A until June
30, 2007.
The Bureau also received requests for extension of waivers from various
cable operators for cable systems listed in Appendix B. These cable
operators alleged financial hardship for these cable systems and, in
support of their claim, included financial documents and other
information. These cable systems represent some of the very smallest cable
systems in the country, none of which serves more than 100 customers, and
which in the aggregate serve fewer than 17,000 customers nationwide. The
majority of these systems request that the Commission extend the waivers
until October 1, 2008, or the resolution of the issues raised in the EAS
docket. The Bureau conducted economic hardship analyses of these systems
based on the financial information submitted and has determined that
compliance with the EAS obligations under Part 11 would cause financial
hardship to these small systems, and that a further extension of their
waivers is justified. As is the case with the Classic extensions, however,
we are reluctant to grant these extensions for more than one year given
our experience that circumstances regarding cable systems can change.
Accordingly, we extend EAS waivers to the cable television systems listed
in Appendix B until June 30, 2007.
The cable companies listed in Appendix C also filed for extensions of
their EAS waivers based on the alleged continued financial hardship that
compliance with the Commission's rules would cause them. The Bureau has
conducted a financial analysis of these requests, and has concluded that,
except to the extent that any of their individual systems are listed in
Appendices A or B, the cable companies listed in Appendix C have failed to
show that they would suffer undue financial hardship from complying with
the Commission's EAS rules. Accordingly, these requests for extensions of
EAS waivers are denied.
Enforcement Bureau Contact: Bonnie Gay (202) 418-1199.
News Media Contact: Janice Wise (202) 418-8165.
-FCC-
APPENDIX A
Company Name: Cable Systems
Classic Communications, Inc., d/b/a Cebridge Connections: Atkins,
Charleston, Coal Hill, DeWitt, Dover, East Conway, Hazen, Hughes, London
and Mt. Ida, AR; Anthony, Ellsworth, Kensington, Lincoln, McDonald,
Oberlin, Saint Francis and Sterling, KS; Boyce and St. Joseph, LA; Fayette
and Glasgow, MO; Bloomingdale and Knoxville, OH; Fairview, Heavener and
Spiro, OK; Albany, Anson, Big Lake, Caldwell, Canadian, Clarendon, Crane,
Electra, Grapeland, Hamlin, Hawkins, Henrietta, Junction, Krum, Lost
Pines, Lowry Crossing, Lucas, Nocona, Olney, Paducah, Post, Quanah, Rotan,
San Saba, Seymour, Shamrock, Sonora, Splendora and Tyler County, TX
APPENDIX B
Company Name: Cable Systems
Beck's Cable: Dix, Donnellson, Kell, Ohlman, Panama, and Rosamond, IL
Blue Mountain TV Cable: Seneca and Dayville, OR
Bocco Cable: Alma, WV
Branch Cable: Crosby and New Hebron, MS
Buford Communications: Cherokee County,TX
Cable Services, Inc.: Kulm, ND
Carson Communications: Axtell, Baileyville, Bern, Centralia, Denison,
Effingham, Emmett, Goff, Havensville, Lake Dabinawa, Lakewood Hills,
Morill, Muscotah, Onaga, Randolph, Reserve, Summerfield, Vermillion,
Wetmore, White Cloud, and Whiting, KS
Cass Cable TV: Kampsville and Milton, IL
CenCom, Inc.: Dixon and Wyrot, NE
Cequel III Communications d/b/a Cebridge Connections: Auburn Falley, CA;
Canyon, Culdesac, Harrison, Murray, and Riggins,ID; Westport, OR; Almira,
Chinook Pass, Malaga, Royal City and Wilson Creek, WA
Charter Communications: Chamois, Cairo, Adair, Colcord, and Kellyville,
OK; Enfield, IL; Tignal, GA; Annapolis, MO; Fleming, NE; Bradfordsville,
KY; Lockwood, NV, Rockville, UT; Tryon, Depew, Cromwell, Wyandotte, and
Hulbert, OK; Talmage, NE; Tangipahoa, LA; Osyka, MS; Mason City, NE; Ashe,
NC; Dannebrog, NE; Agra, and Carney, OK; Kosse, TX; Dustin, Kansas,
Glencoe and Cameron, OK; Locust Fork, AL; Washtucna and Prescott, WA;
Texline, TX; Powers, OR; Los Alamos Town, CA; High Rolls, NM; Beattie, KS;
Hartwell Villas, OR; New Meadows, ID; Halfway, OR; Skyline, AL;
Bryantsville, KY; Ralston, OK; Combine, TX; Angellus Oaks, CA; and
Schulter, OK
Classic Communications, d/b/a Cebridge Connections: East Conway, Hector,
London, Geneseo, Luray, Natoma, Sylvan Grove, and Tipton, KS
Consolidated Cable: Ashton, Big Springs, Comstock, Farnam, Lewellen, and
Maxwell, NE
DuCom Cable T.V.: Kirby, New Freeport, Nineveh, Sycamore and Wind Ridge,
PA
Glass Antenna Systems: Town of Fillmore, IN
Glenwood Telecom: Guide Rock and Lochland, NE
Goldfield Communications Services: Badger Woolstock, IA
Green Hills Multi-Media: Tina, MO
Grove Communications: Seney, MO
Hamilton County Cable: Blue Mt. Lake, NY
Herr Cable: Lairdsville, PA
Hyde County Cablevision: Engelhard and Swanquarter, NC
James Cable: Cleburne County, AL; Crawfordville and Pinehurst, GA;
Stringtown, Wampanucka, and Sand Point, OK
Karban TV Systems: Land O'Lakes, WI
Lone Pine Television: Alabama Hills, CA
Millennium Digital Media: Thorpe, Creston, Marblemont, Entiat and
Mansfield, WA; Vermontville, MI
Milstone Communications: Huntersville and Cass, WV
Neu Ventures d/b/a Mountain TV Zone: Valentine, TX
Nex-Tech, Inc.: Burr Oak, Kirwin and Lebanon, KS
North American Communications: Big Falls, Big Fork, Dexter, Easton,
Fountain, Garden City, Hayward, New Market Twp, Mapleview, Lewisville, New
Auburn, Ostrander, Plato, Racine, Red Rock Twp, Rose Creek and Vernon
Center, MN
Northland Communications: Meservey and Thornton, IA
Nova Cablevision: Cameron, Little York and Trivoli, IL
PEC Cable: Nichols, IA
Pine Rural TV Cable: Haworth, OK
Pinpoint Communications: Bartley, Culbertson, Orleans, Republican City,
and Stamford, NE
Prairieburg Telephone Co.: Prairieburg, IA
Project Services, Inc.: Hanley Falls, MN
US Cable of Coastal-Texas: Hudson and Keenesburg, CO; Brewster, Ceylon,
Dunnel, Granada, Northrop, Round Lake, and Storden, Dixon, NM
APPENDIX C
Atlantic Broadband Finance
Bocco Cable
Boycom Cablevision
Bradley Communications
Buford Communications, d/b/a Alliance Comm. Network
Cable Communications of Willsbobro
Cable Services, Inc.
Carson Communications
CCS, d/b/a Community Cable
Cebridge Connections
CenCom, Inc.
Cequell III Comm, d/b/a Cebridge Connections
Charter Communications
Com-Link, Inc.
Consolidated Cable
Curtis Cable TV
Glass Antenna Systems
Glenwood Telecomn
Golden West Cablevision
Goldfield Comm. Services
Great Plains Cable Television, Inc.
Green Hills Multi-Media
Grove Communications
Hamilton County Cable
Hart Cable, Inc.
Hawkeye Telephone Co.
Howard Cable
Hubbal Co-Op Cable
Ind. Cable Co
J&N Cable Systems
James Cable
Karban TV Systems
Livermore Cable
Lone Pine Television
LongView Cable & Data
Lycom Communications
Martelle Cooperative Telephone Association
Milestone Communications
Milford Cable TV
Millennium Digital Media
Minerva Valley Cablevision
Moosehead Enterprises
Neu Ventures, d/b/a Mountain TV Zone
New Century Comm.
NewWave Comm.
Nex-Tech, Inc.
North State Cablevision
Northland Cable Properties
Nova Cablevision
Oak Grove Heights Cable
Oldtown Community Systems
Pinpoint Communications
Polaris Cable
Prairieburg Telephone Co.
Project Services, Inc.
RGA Cable
Rio Cablevision
Ritter Cable Corp.
Tip Top Communications
Tri-County Telephone Company, Inc.
Trust of Mississippi
Upper Peninsula Comm.
US Cable of Coastal-Texas
Waterville Cable
Whitehall Cable TV
Amendment of Part 73, Subpart G, of the Commission's Rules Regarding the
Emergency Broadcast System, Report and Order and Further Notice of
Proposed Rulemaking, 10 FCC Rcd 1786 (1994), reconsideration granted in
part, denied in part, 10 FCC Rcd 11494 (1995) (First Report and Order).
See Cable Television Consumer Protection and Competition Act of 1992, Pub.
L. No. 102-385, S16(b), 106 Stat. 1460, 1490 (1992) (Cable Act of 1992).
The Cable Act of 1992 required cable system to participate in the EAS by
adding subsection (g) to Section 624 of the Communications Act of 1934, 47
U.S.C. S 544(g).
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, 15516-18 (1997) (Second Report and
Order).
An EAS waiver request must contain the following: justification for the
waiver, with reference to the particular rule section for which a waiver
is sought; information about the financial status of the entity, such as a
balance sheet and income statement for the previous two years; the number
of other entitles that serve the requesting entity's coverage area and
that are expected to install EAS equipment; and the likelihood (such as
proximity or frequency) of hazardous risks to the requesting entity's
audience. See Amendment of Part 7, of the Commission's Rules Regarding the
Emergency Broadcast System, Second Report and Order, 12 FCC Rcd 15503
(1997).
Petitions for Waiver of the Emergency Alert System Rules filed by Various
Cable Television Systems, Order, 20 FCC Rcd 14818 (2005) (2005 Order).
EAS Waivers for Certain Small Cable Television Systems Requesting Waiver
Extensions Extended to June 30, 2006; Additional Information to Support
Certain Pending EAS Waiver Requests Sought by April 15, 2006, Public
Notice, DA-06-483, 21 FCC 2d 2101, (released March 1, 2006).
Classic Communications, Inc., Order, DA 02-2446, 17 FCC Rcd at 19350.
As mentioned above, these waiver extensions are granted nunc pro tunc back
to June 30, 2006.
See, e.g. Carson Communications L.L.C., Request for Extension of Temporary
Waivers of EAS Requirement in 47 CFR S 11.1, filed July 14, 2005,
supplemental filing February 24, 2006.
As mentioned above, these waiver extensions are granted nunc pro tunc back
to June 30, 2006.
1
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PUBLIC NOTICE
Federal Communications Commission
445 12^th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322