**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| ImOn Communications, LLC         | ** |                              |
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| Request for Waiver of Section    | *  |                              |
| 76.1204(a)(1) of the             | *) |                              |
| Commission's Rules               | ** |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: June 19, 2008 Released: June 20, 2008**

By the Chief, Media Bureau:

# INTRODUCTION

1.  ImOn Communications ("ImOn") has requested a limited waiver of the
    ban on integrated set-top boxes set forth in Section 76.1204(a)(1)
    of the Commission's rules.[^1] We grant ImOn a limited waiver for
    2,000 set-top boxes to allow the company to replace the integrated
    set-top boxes that were in service and damaged in the Cedar Rapids,
    Iowa area flooding.

2.  ImOn reports that it is a cable overbuilder in the Cedar Rapids,
    Iowa area.[^2] Cedar Rapids recently has faced unprecedented
    flooding, and this flooding destroyed three hubs in ImOn's cable
    system and affected many subscriber homes served by these
    operational hubs, including destroying up to 2,000 set-top boxes
    with integrated security that ImOn had deployed to customers.[^3]
    ImOn's set-top box vendor has informed ImOn that there is a backlog
    on orders for set-top boxes with separated security that comply with
    Section 76.1204(a)(1) of the Commission's rules; ImOn has been able
    to locate used set-top boxes with integrated security that do not
    comply with Section 76.1204(a)(1) of the Commission's rules.[^4]
    ImOn seeks waiver of Section 76.1204(a)(1) of the Commission's rules
    for permission to purchase and deploy these non-compliant boxes.[^5]

3.  In light of ImOn's unique circumstances stemming from the
    extraordinary flood damage that the Cedar Rapids area has endured,
    and the importance of restoring cable service to its customers as
    quickly as possible so that they may be able to obtain important
    local news and information relative to the recovery efforts in their
    community, we conclude that the grant of a waiver to ImOn under
    Sections 1.3 and 76.7 of the Commission\'s rules is justified.[^6]
    Given the emergency nature of this request and the enormous capital
    costs that ImOn faces in light of the damage to its systems, and
    specifically, the significant physical damage to ImOn's network
    facilities and damage to its customers' set top boxes,[^7] we also
    find good cause to grant waiver of the application fee required
    under Section 1.1104 of the Commission's rules.[^8]

4.  Accordingly, **IT IS ORDERED** that, pursuant to Sections 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, the request for waiver filed by
    ImOn Communications, LLC of Section 76.1204(a)(1) of the
    Commission's rules, 47 C.F.R. § 76.1204(a)(1), **IS GRANTED** to
    allow ImOn Communications, LLC to deploy up to 2,000 integrated
    set-top boxes.

5.  IT **IS FURTHER ORDERED** that ImOn Communications, LLC **SHALL
    FILE** with the Media Bureau a sworn declaration within 10 days of
    the release of this order in which ImOn Communications, LLC commits
    to deploy set-top boxes with integrated security only to those
    subscribers whose set-top boxes were destroyed as a result of
    flooding in the Cedar Rapids, Iowa area.

6.  **IT IS FURTHER ORDERED** that, pursuant to Section 8(d)(2) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 158(d)(2), and
    Section 1.3 of the Commission's Rules, 47 C.F.R. § 1.3, waiver of
    Section 1.1104 of the Commission's rules, 47 C.F.R. § 1.1104, **IS
    GRANTED** to ImOn Communications, LLC for the purposes of ImOn
    Communications LLC's emergency request for waiver.

7.  This action is taken pursuant to authority delegated by Section
    0.283 of the Commission's rules, 47 C.F.R. § 0.283.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Monica Shah Desai
>
> Chief, Media Bureau

[^1]: 47 C.F.R. § 76.1204(a)(1). The separation of the security element
    from the basic navigation device required by this rule is referred
    to as the "integration ban."

[^2]: Letter from Jean L. Kiddoo, Counsel, ImOn Communications, LLC, to
    Marlene H. Dortch, Secretary, Federal Communications Commission at 1
    (June 19, 2008).

[^3]: *Id*.

[^4]: *Id*. at 2.

[^5]: *Id*. at 2-3.

[^6]: *See Guam Cablevision, LLC Request for Waiver of Section
    76.1204(a)(1) of the Commission's Rules*, 22 FCC Rcd 11747 (2007)
    (granting waiver of the integration ban due to extraordinary typhoon
    damage in Guam); *see also* *Media Bureau Announces Communications
    Restoration Processes for MVPDs and CARS in Response to Hurricane
    Katrina*, 20 FCC Rcd 14473 (2005) (waiving certain technical
    requirements for cable operators whose systems were damages by
    Hurricane Katrina).

[^7]: Letter from Jean L. Kiddoo, Counsel, ImOn Communications, LLC, to
    Marlene H. Dortch, Secretary, Federal Communications Commission at 2
    (June 19, 2008).

[^8]: 47 C.F.R. § 1.1104.