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,[^1] as mandated by
section 624(g) of the Communications Act.[^2] 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.[^3]

Subsequently, the Commission set standards under which these small
systems could request waivers of the October 1, 2002 deadline.[^4] 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.[^5] 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*),[^6] 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.[^7] 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.[^8]

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.[^9] 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.[^10]

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]{.underline}:
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]{.underline}: Dix, Donnellson, Kell, Ohlman, Panama, and
Rosamond, IL

[Blue Mountain TV Cable]{.underline}: Seneca and Dayville, OR

[Bocco Cable]{.underline}: Alma, WV

[Branch Cable]{.underline}: Crosby and New Hebron, MS

[Buford Communications]{.underline}: Cherokee County,TX

[Cable Services, Inc.]{.underline}: Kulm, ND

[Carson Communications]{.underline}: 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]{.underline}: Kampsville and Milton, IL

[CenCom, Inc.]{.underline}: Dixon and Wyrot, NE

[Cequel III Communications d/b/a Cebridge Connections]{.underline}:
Auburn Falley, CA; Canyon, Culdesac, Harrison, Murray, and Riggins,ID;
Westport, OR; Almira, Chinook Pass, Malaga, Royal City and Wilson Creek,
WA

[Charter Communications]{.underline}: 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]{.underline}: East
Conway, Hector, London, Geneseo, Luray, Natoma, Sylvan Grove, and
Tipton, KS

[Consolidated Cable]{.underline}: Ashton, Big Springs, Comstock, Farnam,
Lewellen, and Maxwell, NE

[DuCom Cable T.V.]{.underline}: Kirby, New Freeport, Nineveh, Sycamore
and Wind Ridge, PA

[Glass Antenna Systems:]{.underline} Town of Fillmore, IN

[Glenwood Telecom]{.underline}: Guide Rock and Lochland, NE

[Goldfield Communications Services]{.underline}: Badger Woolstock, IA

[Green Hills Multi-Media]{.underline}: Tina, MO

[Grove Communications]{.underline}: Seney, MO

[Hamilton County Cable]{.underline}: Blue Mt. Lake, NY

[Herr Cable]{.underline}: Lairdsville, PA

[Hyde County Cablevision]{.underline}: Engelhard and Swanquarter, NC

[James Cable]{.underline}: Cleburne County, AL; Crawfordville and
Pinehurst, GA; Stringtown, Wampanucka, and Sand Point, OK

[Karban TV Systems]{.underline}: Land O'Lakes, WI

[Lone Pine Television]{.underline}: Alabama Hills, CA

[Millennium Digital Media]{.underline}: Thorpe, Creston, Marblemont,
Entiat and Mansfield, WA; Vermontville, MI

[Milstone Communications]{.underline}: Huntersville and Cass, WV

[Neu Ventures d/b/a Mountain TV Zone]{.underline}: Valentine, TX

[Nex-Tech, Inc.]{.underline}: Burr Oak, Kirwin and Lebanon, KS

[North American Communications]{.underline}: 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]{.underline}: Meservey and Thornton, IA

[Nova Cablevision]{.underline}: Cameron, Little York and Trivoli, IL

[PEC Cable]{.underline}: Nichols, IA

[Pine Rural TV Cable]{.underline}: Haworth, OK

[Pinpoint Communications]{.underline}: Bartley, Culbertson, Orleans,
Republican City, and Stamford, NE

[Prairieburg Telephone Co.]{.underline}: Prairieburg, IA

[Project Services, Inc.]{.underline}: Hanley Falls, MN

[US Cable of Coastal-Texas]{.underline}: 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

[^1]: *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).*

[^2]: *See* Cable Television Consumer Protection and Competition Act of
    1992, Pub. L. No. 102-385, §16(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. § 544(g).

[^3]: *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).*

[^4]: 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).

[^5]: *Petitions for Waiver of the Emergency Alert System Rules filed by
    Various Cable Television Systems,* Order, 20 FCC Rcd 14818 (2005)
    (2005 Order).

[^6]: *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).

[^7]: *Classic Communications, Inc.*, Order, DA 02-2446, 17 FCC Rcd at
    19350.

[^8]: As mentioned above, these waiver extensions are granted *nunc pro
    tunc* back to June 30, 2006.

[^9]: *See, e.g.* Carson Communications L.L.C., Request for Extension of
    Temporary Waivers of EAS Requirement in 47 CFR § 11.1, filed July
    14, 2005, supplemental filing February 24, 2006.

[^10]: As mentioned above, these waiver extensions are granted *nunc pro
    tunc* back to June 30, 2006.