**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Galaxy American Communications, L.L.C. ) File No. EB-02-TS-176

d/b/a CableDirect )

)

Operator of Cable Systems in the States of: )

)

Colorado, Illinois, Indiana, Iowa, Kansas, )

Missouri, Nebraska, Oklahoma, Texas, )

)

Request for Waiver of Section 11.11(a) of the )

Commission's Rules )

## ORDER 

**Adopted: October 1, 2002 Released: October 7, 2002**

By the Chief, Technical and Public Safety Division, Enforcement Bureau:

1.  In this *Order*, we grant Galaxy American Communications, L.L.C.
    d/b/a CableDirect ("CableDirect") temporary, 36-month waivers of
    Section 11.11(a) of the Commission's Rules ("Rules") for 316 cable
    television systems in the nine above-captioned states listed in
    Attachment A. 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 May 8, 2002, CableDirect filed a request for temporary, 36-month
    waivers of Section 11.11(a) for 316 small rural cable systems in
    Attachment A in the nine captioned states. In support of the waiver
    request, CableDirect states that the 316 cable systems each serve
    between 1 and 447 subscribers. Based on price quotes provided by EAS
    equipment manufacturers, CableDirect estimates that it would cost at
    least \$10,000 to install EAS equipment at each of these systems for
    a total cost of \$3,160,000. CableDirect 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, CableDirect submits that its subscribers will continue
    to have ready access to national EAS information from other sources,
    including its cable systems. In this regard, CableDirect notes that
    its subscribers currently have access to national EAS messages on
    approximately 57 percent of all programmed channels. CableDirect
    also asserts that its subscribers will have access to 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 CableDirect, we conclude that temporary, 36-month
    waivers of Section 11.11(a) for the 316 cable systems in Attachment
    A in the nine captioned states is warranted.[^9] In particular, we
    find that the estimated \$3,160,000 cost to install EAS equipment
    for these very small systems could impose a financial hardship on
    CableDirect.

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] Galaxy American
    Communications, L.L. C. d/b/a CableDirect **IS GRANTED** a waiver of
    Section 11.11(a) of the Rules until October 1, 2005 for the 316
    cable television systems listed in Attachment A.

7.  **IT IS FURTHER ORDERED** that Galaxy American Communications,
    L.L. C. d/b/a CableDirect place a copy of this waiver in its systems
    files.

8.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by Certified Mail Return Receipt Requested to counsel for Galaxy
    American Communications, L.L. C. d/b/a CableDirect, Christopher C.
    Cinnamon, Esq., Cinnamon Mueller, 307 North Michigan Avenue, Suite
    1020, Chicago, Illinois 60601.

    FEDERAL COMMUNICATIONS COMMISSION

Joseph P. Casey

Chief, Technical and Public Safety Division

> Enforcement Bureau

Attachment A

Galaxy American Communications, L.L.C. d/b/a CableDirect

# **Cable Systems**: **Temporary Waiver Granted Until:** 

### Colorado

Aguilar, Colorado October 1, 2005

Boone, Colorado October 1, 2005

Cheraw, Colorado October 1, 2005

Crowley, Colorado October 1, 2005

Olney Springs, Colorado October 1, 2005

Pueblo/Avondale, Colorado October 1, 2005

Sugar City, Colorado October 1, 2005

### Illinois

Allendale, Illinois October 1, 2005

Alsey, Illinois October 1, 2005

Arrowsmith, Illinois October 1, 2005

Baldwin, Illinois October 1, 2005

Beaverville, Illinois October 1, 2005

Beecher City, Illinois October 1, 2005

Belle Rive, Illinois October 1, 2005

Bellmont, Illinois October 1, 2005

Bismarck, Illinois October 1, 2005

Bluford, Illinois October 1, 2005

Bonfield, Illinois October 1, 2005

Browns, Illinois October 1, 2005

Campbell Hill, Illinois October 1, 2005

Carlock, Illinois October 1, 2005

Chestnut, Illinois October 1, 2005

Cisco, Illinois October 1, 2005

Cowden, Illinois October 1, 2005

Cypress, Illinois October 1, 2005

Dahlgren, Illinois October 1, 2005

Dongola, Illinois October 1, 2005

Donovan, Illinois October 1, 2005

Dubois, Illinois October 1, 2005

East Carondelet, Illinois October 1, 2005

Eldred, Illinois October 1, 2005

Ellis Grove, Illinois October 1, 2005

Flat Rock, Illinois October 1, 2005

Grand Chain, Illinois October 1, 2005

Grand Detour, Illinois October 1, 2005

Gulfport, Illinois October 1, 2005

Henning, Illinois October 1, 2005

Hoyleton, Illinois October 1, 2005

# **Cable Systems**: **Temporary Waiver Granted Until:** 

Ina, Illinois October 1, 2005

Iroquois, Illinois October 1, 2005

Irvington, Illinois October 1, 2005

Joppa, Illinois October 1, 2005

Joy, Illinois October 1, 2005

Karnak, Illinois October 1, 2005

Keensburg, Illinois October 1, 2005

Keithsburg, Illinois October 1, 2005

Kirkwood, Illinois October 1, 2005

Lake Camelot, Illinois October 1, 2005

Laplace, Illinois October 1, 2005

Lee, Illinois October 1, 2005

Logan (Hanaford), Illinois October 1, 2005

Long Point, Illinois October 1, 2005

Magnolia, Illinois October 1, 2005

Manchester, Illinois October 1, 2005

Martinton, Illinois October 1, 2005

Mason, Illinois October 1, 2005

Media, Illinois October 1, 2005

Mulberry Grove, Illinois October 1, 2005

New Boston, Illinois October 1, 2005

New Burnside, Illinois October 1, 2005

New Minden/Nashville, Illinois October 1, 2005

Oakrun (Metamora), Illinois October 1, 2005

Ohio, Illinois October 1, 2005

Olmsted, Illinois October 1, 2005

Paw Paw, Illinois October 1, 2005

Penfield, Illinois October 1, 2005

Pinewood Park, Illinois October 1, 2005

Pocohantas, Illinois October 1, 2005

Redmon, Illinois October 1, 2005

Royal, Illinois October 1, 2005

Sadorus, Illinois October 1, 2005

Seaton, Illinois October 1, 2005

Steward, Illinois October 1, 2005

Stonefort, Illinois October 1, 2005

Tamaroa, Illinois October 1, 2005

Thawville, Illinois October 1, 2005

Thompsonville, Illinois October 1, 2005

Troy Grove, Illinois October 1, 2005

W. Pierrone/E. Pierrone, Illinois October 1, 2005

Waltonville, Illinois October 1, 2005

West Salem, Illinois October 1, 2005

West Union, Illinois October 1, 2005

White Heath/Monticello, Illinois October 1, 2005

**[Cable Systems]{.underline}**: **[Temporary Waiver Granted
Until]{.underline}**:

### Indiana

Andrews, Indiana October 1, 2005

Arlington/Rush Co., Indiana October 1, 2005

Ashley, Indiana October 1, 2005

Big Long Lake/Big Lake, Indiana October 1, 2005

Boswell, Indiana October 1, 2005

Bretzville/Stant-Marks, Indiana October 1, 2005

Cataract Lake/Owen Co., Indiana October 1, 2005

Chrisney, Indiana October 1, 2005

Claypool, Indiana October 1, 2005

Clear Lake, Indiana October 1, 2005

Cloverdale, Indiana October 1, 2005

Crane, Indiana October 1, 2005

Dana, Indiana October 1, 2005

Darlington, Indiana October 1, 2005

Dubois, Indiana October 1, 2005

Fish Lake/Lagrange Co./Royer, Indiana October 1, 2005

Frankton, Indiana October 1, 2005

Freetown/Jackson Co., Indiana October 1, 2005

Gaston, Indiana October 1, 2005

Gentryville, Indiana October 1, 2005

Golden Lake, Indiana October 1, 2005

Hillsboro, Indiana October 1, 2005

Hoagland/Poe/Mill Rd, Indiana October 1, 2005

Holland, Indiana October 1, 2005

Jamestown, Indiana October 1, 2005

Kimmell, Indiana October 1, 2005

Kingman, Indiana October 1, 2005

Knapp Lake, Indiana October 1, 2005

Ladoga, Indiana October 1, 2005

Lafontaine, Indiana October 1, 2005

Lagro, Indiana October 1, 2005

Lapel, Indiana October 1, 2005

Liberty Mills, Indiana October 1, 2005

Macy, Indiana October 1, 2005

Manilla/Homer, Indiana October 1, 2005

Markle, Indiana October 1, 2005

Mentone, Indiana October 1, 2005

Milroy, Indiana October 1, 2005

Mongo/Lagrange Co., Indiana October 1, 2005

Monterey, Indiana October 1, 2005

Montezuma, Indiana October 1, 2005

Morristown, Indiana October 1, 2005

New Market, Indiana October 1, 2005

Newport, Indiana October 1, 2005

**[Cable Systems]{.underline}**: **[Temporary Waiver Granted
Until]{.underline}**:

> Oliver Lake/Wolcotville, Indiana October 1, 2005\
> Orland, Indiana October 1, 2005

Otter Lake, Indiana October 1, 2005

Otwell, Indiana October 1, 2005

Owensberg, Indiana October 1, 2005

Oxford, Indiana October 1, 2005

Perrysville, Indiana October 1, 2005

Pretty Lake/Big Long Lake, Indiana October 1, 2005

Roann, Indiana October 1, 2005

Royal Center, Indiana October 1, 2005

Russellville, Indiana October 1, 2005

Sheridan, Indiana October 1, 2005

Shipshewana, Indiana October 1, 2005

Somerset, Indiana October 1, 2005

Spurgeon, Indiana October 1, 2005

St. Paul, Indiana October 1, 2005

Summitville, Indiana October 1, 2005

Topeka, Indiana October 1, 2005

Twin Lake/Howe, Indiana October 1, 2005

Urbana, Indiana October 1, 2005

Van Buren, Indiana October 1, 2005

Walton, Indiana October 1, 2005

Waveland, Indiana October 1, 2005

Waynetown, Indiana October 1, 2005

West Lebanon, Indiana October 1, 2005

West Point, Indiana October 1, 2005

Whitestown, Indiana October 1, 2005

Worthington, Indiana October 1, 2005

Young America, Indiana October 1, 2005

Zanesville, Indiana October 1, 2005

### Iowa

Adiar, Iowa October 1, 2005

Afton, Iowa October 1, 2005

Alexander, Iowa October 1, 2005

Allerton, Iowa October 1, 2005

Braddyville, Iowa October 1, 2005

Bridgewater, Iowa October 1, 2005

Chester, Iowa October 1, 2005

Cincinnati, Iowa October 1, 2005

Coin, Iowa October 1, 2005

College Springs, Iowa October 1, 2005

Conesville, Iowa October 1, 2005

Crawfordsville, Iowa October 1, 2005

**[Cable Systems]{.underline}**: **[Temporary Waiver Granted
Until]{.underline}**:

> Cumberland, Iowa October 1, 2005\
> Delta, Iowa October 1, 2005

Denmark/Lee Co., Iowa October 1, 2005

Donnellson, Iowa October 1, 2005

Drakesville, Iowa October 1, 2005

Fontanelle, Iowa October 1, 2005

Garden Grove, Iowa October 1, 2005

Grandview, Iowa October 1, 2005

Hastings, Iowa October 1, 2005

Henderson, Iowa October 1, 2005

Holland, Iowa October 1, 2005

Humeston, Iowa October 1, 2005

Keswick, Iowa October 1, 2005

Letts, Iowa October 1, 2005

Lincoln, Iowa October 1, 2005

Lineville, Iowa October 1, 2005

M&W MHP/Muscatine/Ripley, Iowa October 1, 2005

Massena, Iowa October 1, 2005

Moravia, Iowa October 1, 2005

Moulton, Iowa October 1, 2005

Mystic, Iowa October 1, 2005

Oakville, Iowa October 1, 2005

Orient, Iowa October 1, 2005

Pacific Junction, Iowa October 1, 2005

Prescott, Iowa October 1, 2005

Pulaski, Iowa October 1, 2005

Rowan, Iowa October 1, 2005

Russell, Iowa October 1, 2005

Salem, Iowa October 1, 2005

Seymour, Iowa October 1, 2005

Shambaugh, Iowa October 1, 2005

Winfield, Iowa October 1, 2005

Wiota, Iowa October 1, 2005

### Kansas

Bentley, Kansas October 1, 2005

Burns, Kansas October 1, 2005

Haddam, Kansas October 1, 2005

La Harpe, Kansas October 1, 2005

Mahaska, Kansas October 1, 2005

Marquette, Kansas October 1, 2005

Munden, Kansas October 1, 2005

Narka, Kansas October 1, 2005

Wisley, Kansas October 1, 2005

> **[Cable Systems]{.underline}**: **[Temporary Waiver Granted
> Until]{.underline}**:

### Missouri

Adrian, Missouri October 1, 2005

Barnard, Missouri October 1, 2005

Breckenridge, Missouri October 1, 2005

Buffalo, Missouri October 1, 2005

Burlington Junction, Missouri October 1, 2005

Cainsville, Missouri October 1, 2005

Calhoun, Missouri October 1, 2005

Canton, Missouri October 1, 2005

Center, Missouri October 1, 2005

Clearmont, Missouri October 1, 2005

Cole Camp, Missouri October 1, 2005

Creighton, Missouri October 1, 2005

Crocker, Missouri October 1, 2005

Deep Water, Missouri October 1, 2005

Downing, Missouri October 1, 2005

Eagleville, Missouri October 1, 2005

Elmo, Missouri October 1, 2005

Frankford, Missouri October 1, 2005

Franklin, Missouri October 1, 2005

Freeburg, Missouri October 1, 2005

Garden City, Missouri October 1, 2005

Gilman City, Missouri October 1, 2005

Gorin, Missouri October 1, 2005

Grant City, Missouri October 1, 2005

Green Ridge, Missouri October 1, 2005

Hardin, Missouri October 1, 2005

Holt, Missouri October 1, 2005

Hopkins, Missouri October 1, 2005

Iberia, Missouri October 1, 2005

Johnson Co., Missouri October 1, 2005

Keytesville, Missouri October 1, 2005

King City, Missouri October 1, 2005

Labelle, Missouri October 1, 2005

Lamonte, Missouri October 1, 2005

Lancaster, Missouri October 1, 2005

Laredo, Missouri October 1, 2005

Lewistown, Missouri October 1, 2005

Lincoln, Missouri October 1, 2005

Meadville, Missouri October 1, 2005

Montrose, Missouri October 1, 2005

Mound City, Missouri October 1, 2005

New Hampton, Missouri October 1, 2005

New London, Missouri October 1, 2005

Orrick, Missouri October 1, 2005

Polo, Missouri October 1, 2005

**[Cable Systems]{.underline}**: **[Temporary Waiver Granted
Until]{.underline}**:

Purdin, Missouri October 1, 2005

Ridgeway, Missouri October 1, 2005

Russelville, Missouri October 1, 2005

Spickard, Missouri October 1, 2005

Stanberry, Missouri October 1, 2005

Stewartsville, Missouri October 1, 2005

Stover, Missouri October 1, 2005

Taos, Missouri October 1, 2005

Urich, Missouri October 1, 2005

Vienna, Missouri October 1, 2005

Wayland, Missouri October 1, 2005

Westphalia, Missouri October 1, 2005

Wyaconda, Missouri October 1, 2005

### Nebraska

Cedar Creek, Nebraska October 1, 2005

Dubois, Nebraska October 1, 2005

Endicott, Nebraska October 1, 2005

Lake Wa-Con-Da, Nebraska October 1, 2005

Otoe, Nebraska October 1, 2005

Prague, Nebraska October 1, 2005

Steinauer, Nebraska October 1, 2005

Tobias, Nebraska October 1, 2005

Union, Nebraska October 1, 2005

Weston, Nebraska October 1, 2005

**Ohio**

Scott, Ohio October 1, 2005

**Oklahoma**

Aline, Oklahoma October 1, 2005

Butler, Oklahoma October 1, 2005

Canton, Oklahoma October 1, 2005

Carter, Oklahoma October 1, 2005

Chattanooga, Oklahoma October 1, 2005

Cleo Springs, Oklahoma October 1, 2005

Davidson, Oklahoma October 1, 2005

Deer Creek, Oklahoma October 1, 2005

Duke, Oklahoma October 1, 2005

Eldorado, Oklahoma October 1, 2005

Fort Cobb, Oklahoma October 1, 2005

Fort Supply, Oklahoma October 1, 2005

Garber, Oklahoma October 1, 2005

Geronimo, Oklahoma October 1, 2005

Gotebo, Oklahoma October 1, 2005

Gracemont, Oklahoma October 1, 2005

**[Cable Systems]{.underline}**: **[Temporary Waiver Granted
Until]{.underline}**:

Granite, Oklahoma October 1, 2005

Lamont, Oklahoma October 1, 2005

Lone Wolf, Oklahoma October 1, 2005

Martha, Oklahoma October 1, 2005

Medford, Oklahoma October 1, 2005

Meno, Oklahoma October 1, 2005

Ninnekah, Oklahoma October 1, 2005

Olustee, Oklahoma October 1, 2005

Red Rock, Oklahoma October 1, 2005

Ripley, Oklahoma October 1, 2005

Rocky, Oklahoma October 1, 2005

Sentinel, Oklahoma October 1, 2005

Synder, Oklahoma October 1, 2005

Tipton, Oklahoma October 1, 2005

Verden, Oklahoma October 1, 2005

**Texas**

Mission/Bentsen Grove, Texas October 1, 2005

Pleasant Valley, Texas October 1, 2005

Progreso, Texas October 1, 2005

San Carlos, Texas October 1, 2005

Sebastian, Texas 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 waivers will extend 36 months from October 1, 2002 until
    October 1, 2005. CableDirect also specifically requested waiver of
    the testing and monitoring requirements of the EAS rules for these
    316 systems. 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.