**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Mediacom Communications Corporation ) File No. EB-02-TS-617

)

Operator of Cable Systems in the States of: )

)

Alabama, Florida, Georgia, Illinois, Iowa, )

Kansas, Kentucky, Minnesota, Mississippi, )

Missouri and Wisconsin )

)

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

Commission's Rules )

## ORDER 

**Adopted: April 16, 2003 Released: April 21, 2003**

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

1.  In this *Order*, we grant Mediacom Communications Corporation
    ("Mediacom") temporary, 12-month waivers of Section 11.11(a) of the
    Commission's Rules ("Rules") for 107 cable television systems in the
    11 above-captioned states. 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]

3.  Mediacom filed a request for temporary, 12-month waivers of Section
    11.11(a) for 107 cable systems in the 11 captioned states on
    September 30, 2002. In support of its waiver request, Mediacom
    states that it has embarked on a capital expenditure to upgrade,
    interconnect and consolidate its cable systems. Mediacom further
    states the interconnection and consolidation of these 107 small,
    rural cable systems, which serve between 25 and 5,697 subscribers,
    will not be completed before October 1, 2002. Based on costs
    associated with providing EAS equipment for its other cable systems,
    Mediacom estimates that it would cost a total of approximately
    \$826,000 to install EAS equipment at 107 cable systems. Mediacom
    asserts that its purchase of EAS equipment before the
    interconnection and consolidation of these systems are completed
    would result in economic waste. In addition, Mediacom submits that
    its subscribers will continue to have ready access to national EAS
    information from other sources, including its cable systems.
    Mediacom also asserts that its subscribers will have access to EAS
    information through over-the-air reception of broadcast television
    and radio stations. Finally, Mediacom believes that it can bring its
    cable systems into EAS compliance within the next six months.

4.  Based upon our review of the information submitted by Mediacom, we
    conclude that temporary, 12-month waivers of Section 11.11(a) for
    the 107 cable systems are warranted.[^7]

5.  Accordingly, **IT IS ORDERED** that, pursuant to Sections 0.111,
    0.204(b) and 0.311 of the Rules,[^8] Mediacom Communications
    Corporation **IS GRANTED** a waiver of Section 11.11(a) of the Rules
    until October 1, 2003 for 107 cable television systems in Attachment
    A.

6.  **IT IS FURTHER ORDERED** that Mediacom Communications Corporation
    place a copy of this waiver in its system files.

7.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by Certified Mail Return Receipt Requested to counsel for Mediacom
    Communications Corporation, Stuart F. Feldstein, Esq., Fleischman
    and Walsh, L.L.P, 1400 Sixteenth Street, N. W., Washington, D. C.
    20036.

    FEDERAL COMMUNICATIONS COMMISSION

Joseph P. Casey

Chief, Technical and Public Safety Division

> Enforcement Bureau

Attachment A

Mediacom Communications Corporation

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

**Alabama**

Hale County, Alabama October 1, 2003

Linden, Alabama October 1, 2003

York, Alabama October 1, 2003

**Florida**

Greensboro, Florida October 1, 2003

Gretna, Florida October 1, 2003

Havana, Florida October 1, 2003

Pensacola NAS, Florida October 1, 2003

**Georgia**

Eastman (city of), Georgia October 1, 2003

Lumber City, Georgia October 1, 2003

Ray City, Georgia October 1, 2003

Seminole (unincorp.), Georgia October 1, 2003

Shellman (city of), Georgia October 1, 2003

Sparks (town of), Georgia October 1, 2003

Telfair (unincorp.), Georgia October 1, 2003

Tift (unincorp.), Georgia October 1, 2003

Vienna (city of), Georgia October 1, 2003

Willacoochee, Georgia October 1, 2003

**Iowa**

Bedford (city of), Iowa October 1, 2003

Bloomfield (city of), Iowa October 1, 2003

Bonaparte, Iowa October 1, 2003

Clarinda (city of), Iowa October 1, 2003

Creston (city of), Iowa October 1, 2003

Corning (city of), Iowa October 1, 2003

Eddyville (city of), Iowa October 1, 2003

Fairbank, (Fayette County) Iowa October 1, 2003

Fredonia (city of), Iowa October 1, 2003

Garnavillo, Iowa October 1, 2003

Greenfield (city of), Iowa October 1, 2003

Knoxville (unincorp.), Iowa October 1, 2003

Leon, Iowa October 1, 2003

Lucas (unincorp.), Iowa October 1, 2003

Mills (portion) (unincorp.), Iowa October 1, 2003

Montezuma, Iowa October 1, 2003

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

Mt Aye (city of), Iowa October 1, 2003

New Albin, Iowa October 1, 2003

New Sharon, Iowa October 1, 2003

Newton (city of), Iowa October 1, 2003

Osceola (city of), Iowa October 1, 2003

Pella (unincorp.), Iowa October 1, 2003

Perry (city of), Iowa October 1, 2003

Poweshiek (unincorp.), Iowa October 1, 2003

Prairie City (city of), Iowa October 1, 2003

Shenandoah (city of), Iowa October 1, 2003

Sully, Iowa October 1, 2003

Villisca (city of), Iowa October 1, 2003

Wellman, Iowa October 1, 2003

Winterset (city of), Iowa October 1, 2003

Wright (unincorp.), Iowa October 1, 2003

**Illinois**

Arenzville, Illinois October 1, 2003

Burlington, Illinois October 1, 2003

Cantrall (unincorp. outside), Illinois October 1, 2003

Casey (city of), Illinois October 1, 2003

Clay City (village of), Illinois October 1, 2003

Coffeen, Illinois October 1, 2003

Crawford, Illinois October 1, 2003

Farina (village of), Illinois October 1, 2003

Garden Prairie, Illinois October 1, 2003

Gilberts, Illinois October 1, 2003

Greenview, Illinois October 1, 2003

Hampshire, Illinois October 1, 2003

Hanover (city of), Illinois October 1, 2003

Harrisburg (town of), Illinois October 1, 2003

Herrick, Illinois October 1, 2003

Irving, Illinois October 1, 2003

Kirkland, Illinois October 1, 2003

Lacon, Illinois October 1, 2003

Malta, Illinois October 1, 2003

Maple Park, Illinois October 1, 2003

Marshall (city of), Illinois October 1, 2003

McHenry, Illinois October 1, 2003

Neoga (city of), Illinois October 1, 2003

Oconee, Illinois October 1, 2003

Pulaski County, Illinois October 1, 2003

Ridott, Illinois October 1, 2003

Robinson, Illinois October 1, 2003

Shipman, Illinois October 1, 2003

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

Smithton, Illinois October 1, 2003

Strasburg (village of), Illinois October 1, 2003

Stewardson (village of), Illinois October 1, 2003

Tilden, Illinois October 1, 2003

Toledo (village of), Illinois October 1, 2003

Tower Hill, Illinois October 1, 2003

Union County, Illinois October 1, 2003

Williamson (unincorp.), Illinois October 1, 2003

Wilsonville, Illinois October 1, 2003

Windsor (city of), Illinois October 1, 2003

**Kansas**

Eureka, Kansas October 1, 2003

Hamilton, Kansas October 1, 2003

Madison, Kansas October 1, 2003

Mulberry, Kansas October 1, 2003

**Kentucky**

Edmonson, (Rough River) Kentucky October 1, 2003

St. Paul, Kentucky October 1, 2003

**Minnesota**

City of Brownsville, Minnesota October 1, 2003

New Hartford, Minnesota October 1, 2003

Silver Bay, Minnesota October 1, 2003

Two Harbors (unincorp. outside), Minnesota October 1, 2003

**Missouri**

Archie, Missouri October 1, 2003

Sarcoxie, Missouri October 1, 2003

**Mississippi**

George County, Mississippi October 1, 2003

Pearlington, Mississippi October 1, 2003

Wiggins (unincorp. outside), Mississippi October 1, 2003

**Wisconsin**

City of Albany, Wisconsin October 1, 2003

Argyle, Wisconsin October 1, 2003

Blanchardville, Wisconsin October 1, 2003

Ferryville, Wisconsin October 1, 2003

Orfordville, Wisconsin October 1, 2003

Wheatland, Wisconsin October 1, 2003

[^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]: The waivers will extend from October 1, 2002, until October 1,
    2003. Additionally, we clarify that the waivers we are granting also
    encompass the EAS testing and monitoring requirements.

[^8]: 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.