**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Charter Communications, Inc. ) File No. EB-02-TS-459

)

Operator of Cable Systems in the States of: )

)

Colorado, Georgia, Idaho, Illinois, Indiana, )

Kentucky, Louisiana, Michigan, Mississippi, )

Missouri, Nebraska, Nevada, North Carolina, )

Oklahoma, Tennessee, Texas, Utah, Washington )

)

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

Commission's Rules )

## ORDER 

**Adopted: February 25, 2003 Released: March 3, 2003**

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

1.  In this *Order*, we grant Charter Communications, Inc. ("Charter
    Cable") temporary, 36-month waivers of Section 11.11(a) of the
    Commission's Rules ("Rules") for 69 cable television systems in 18
    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] 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 August 23, 2002, Charter filed a request for temporary,
    three-year waivers of Section 11.11(a) for 69 small, rural cable
    systems in the 18 captioned states. Charter states that these cable
    systems serve 100 or fewer subscribers. Based on price quotes
    provided by EAS equipment manufacturers, Charter estimates that it
    would cost a total of approximately \$655,500 to install EAS
    equipment at the 69 systems. Charter 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, Charter submits that its subscribers will continue to
    have ready access to national EAS information from other sources,
    including its cable systems. Charter also asserts that its
    subscribers will have access to EAS information through over-the-air
    reception of broadcast television and radio stations. Finally,
    Charter believes that it can ensure that all stand alone systems
    comply with EAS requirements within three years.

4.  Based upon our review of the financial data and other information
    submitted by Charter, we conclude that temporary, 36-month waivers
    of Section 11.11(a) for the 69 cable systems in the captioned states
    are warranted.[^9] In particular, we find that the estimated
    \$655,500 cost to install EAS equipment at these cable systems could
    impose a financial hardship on Charter.

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] Charter Communications, Inc.
    **IS GRANTED** a waiver of Section 11.11(a) of the Rules until
    October 1, 2005 for 69 cable television systems listed in Attachment
    A.

7.  **IT IS FURTHER ORDERED** that Charter Communications, Inc. place a
    copy of this waiver in its system files.

8.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by Certified Mail Return Receipt Requested to counsel for Charter
    Communications, Inc., Timothy P. Tobin, Esq., Cole, Raywid &
    Braverman, LLP, 1919 Pennsylvania Avenue, N.W., Suite 200,
    Washington, D.C. 20006.

FEDERAL COMMUNICATIONS COMMISSION

Joseph P. Casey

Chief, Technical and Public Safety Division

> Enforcement Bureau
>
> Attachment A

Charter Communications, Inc.

# **Cable Systems:** **Waivers Granted Until:** 

# 

### Colorado

Fleming, Colorado October 1, 2005

**Georgia**

Tignall, Georgia October 1, 2005

**Idaho**

Donnelly, Idaho October 1, 2005

**Illinois**

Enfield, Illinois October 1, 2005

**Indiana**

Lynnville, Indiana October 1, 2005

Troy, Indiana October 1, 2005

**Kentucky**

Bradfordsville, Kentucky October 1, 2005

Greenup, Kentucky October 1, 2005

### Louisiana

Dixie Inn, Louisiana October 1, 2005

Sicily Island, Louisiana October 1, 2005

Tangipahoa Village, Louisiana October 1, 2005

**Michigan**

Ashley, Michigan October 1, 2005

Barryton, Michigan October 1, 2005

Barton City, Michigan October 1, 2005

Brethren, Michigan October 1, 2005

Broomfield, Michigan October 1, 2005

Freesoil, Michigan October 1, 2005

Luzerne, Michigan October 1, 2005

Mesick, Michigan October 1, 2005

Mikado, Michigan October 1, 2005

Perrinton, Michigan October 1, 2005

Prescot, Michigan October 1, 2005

Sterling, Michigan October 1, 2005

Wellston, Michigan October 1, 2005

Woodland, Michigan October 1, 2005

**Cable Systems**: **Waivers Granted Until:**

**Mississippi**

Osyka, Mississippi October 1, 2005

**Missouri**

Annapolis, Missouri October 1, 2005

Bell City, Missouri October 1, 2005

Cairo, Missouri October 1, 2005

Chamois, Missouri October 1, 2005

Fisk, Missouri October 1, 2005

Qulin, Missouri October 1, 2005

**Nebraska**

Boelus, Nebraska October 1, 2005

Elba, Nebraska October 1, 2005

Dannebrog, Nebraska October 1, 2005

Mason City, Nebraska October 1, 2005

Oconto, Nebraska October 1, 2005

Talmage, Nebraska October 1, 2005

**Nevada**

Lockwood, Nevada October 1, 2005

**North Carolina**

Ashe, North Carolina October 1, 2005

### Oklahoma

Adair, Oklahoma October 1, 2005

Agra, Oklahoma October 1, 2005

Boynton, Oklahoma October 1, 2005

Carney, Oklahoma October 1, 2005

Cromwell, Oklahoma October 1, 2005

Colcord, Oklahoma October 1, 2005

Depew, Oklahoma October 1, 2005

Dustin, Oklahoma October 1, 2005

Hulbert, Oklahoma October 1, 2005

Kansas, Oklahoma October 1, 2005

Kellyville, Oklahoma October 1, 2005

Luther, Oklahoma October 1, 2005

Marland, Oklahoma October 1, 2005

Milburn, Oklahoma October 1, 2005

Porter, Oklahoma October 1, 2005

Tryon, Oklahoma October 1, 2005

Wyandotte, Oklahoma October 1, 2005

**Cable Systems**: **Waivers Granted Until:**

**Tennessee**

West Pointe, Tennessee October 1, 2005

### Texas

Kosse, Texas October 1, 2005

Leona, Texas October 1, 2005

Lipan, Texas October 1, 2005

Midway, Texas October 1, 2005

North Zulch, Texas October 1, 2005

Richland Springs, Texas October 1, 2005

Spicewood Beach, Texas October 1, 2005

Tilden, Texas October 1, 2005

**Utah**

Rockville, Utah October 1, 2005

### Washington

Northport, Washington October 1, 2005

Starbuck, Washington 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 12-month waiver will extend from October 1, 2002, until
    October 1, 2003, and the 36-month waiver will extend from October 1,
    2002 until October 1, 2005. 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.