[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Proposed Rules]
[Page 18857-18859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-18]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-51; FCC 04-46]
Amendment of the Commission's Rules Regarding the Emergency Alert
System
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes revisions to the Commission's rules
regarding the Emergency Alert System (EAS) and seeks comment on these
proposed revisions to the Commission's rules, some of which were set
forth in a petition for rulemaking filed by the Wireless Cable
Association International, Inc. (WCA). The proposed revisions are
intended to reduce burdens on EAS participants and improve the overall
performance of the EAS.
DATES: Comments are due May 10, 2004, and reply comments are due May
24, 2004.
ADDRESSES: Send comments and reply comments to the Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW.,
Room TW-A325, Washington, DC 20554. See SUPPLEMENTARY INFORMATION for
further filing instructions.
FOR FURTHER INFORMATION CONTACT: Bonnie Gay, Enforcement Bureau, Office
of Homeland Security, at (202) 418-1228, or via the Internet at
bonnie.gay@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), in EB Docket No. 04-51, FCC 04-46,
adopted March 4, 2004, and released March 12, 2004. The complete text
of this NPRM is available for inspection and copying during normal
business hours in the FCC Reference Information Center, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. This document may also
be purchased from the Commission's duplicating contractor, Qualex
International, 445 12th Street, SW., Room CY-B402, Washington, DC
20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail
qualexint@aol.com. It is also available on the Commission's Web site at
http://www.fcc.gov.
Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. All filings should
refer to EB Docket No. 04-51. Comments filed through the ECFS can be
sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Only one copy of an electronic submission must be
filed. In completing the transmittal screen, commenters should include
their full name, postal service mailing address, and the applicable
docket number, which in this instance is EB Docket No. 04-51. Parties
may also submit an electronic comment by Internet e-mail. To get filing
instruction for e-mail comments, commenters should send an e-mail to
ecfshelp@fcc.gov, and should include the following words in the
regarding line of the message: ``get form.'' A sample form and directions will be sent in
reply.
Parties who choose to file by paper must file an original and four
copies of each filing. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although the Commission continues
to experience delays in receiving U.S. Postal Service mail).
For hand deliveries, the Commission contractor, Natek, Inc., will
receive hand-delivered or messenger-delivered paper filings for the
Commission Secretary at 236 Massachusetts Avenue, NE., Suite 110,
Washington, DC 2002. The filing hours at this location are 8 a.m. to 7
p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building.
Commercial overnight mail (other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should be addressed to 445 12th Street,
SW., Washington, DC 20554. All filings
[[Page 18858]]
must be addressed to the Commission Secretary, Office of the Secretary,
Federal Communications Commission.
Comments and reply comments must include a short and concise
summary of the substantive arguments raised in the pleading. Comments
and reply comments must also comply with 47 CFR 1.48 and all other
applicable sections of the Commission's rules. The Commission directs
all interested parties to include the name of the filing party and the
date of the filing on each page of their comments and reply comments.
All parties are encouraged to utilize a table of contents, regardless
of the length of their submission. The Commission also strongly
encourages that parties track the organization set forth in this NPRM
in order to facilitate the Commission's internal review process.
Synopsis of the Notice of Proposed Rulemaking
1. In this NPRM, the Commission proposes revisions to part 11 of
the Commission's rules regarding the EAS and seeks comment on these
proposed revisions to part 11 of the Commission's rules, some of which
were set forth in a petition for rulemaking filed by the WCA.
2. The Commission's EAS rules are designed to ensure that
individual TV viewers, including viewers of wireless cable TV systems,
receive all EAS alerts, no matter what channel the viewer may be
watching. Section 11.11(a) of the Commission's rules requires wireless
cable providers serving more than 5,000 subscribers to install special
equipment sufficient to display the audio and video EAS message on
every channel in their systems. Systems serving fewer than 5,000
subscribers are required to display the audio and video EAS message
only on one channel, but must provide a video interrupt and an audio
alert on every channel. Under the WCA proposal, a wireless cable
operator would install EAS equipment for one channel only at the
headend of the system. In the event of an EAS alert, the system would
automatically force each subscriber set-top box to tune to the channel
carrying the EAS alert. WCA argues that ``force tuning'' would allow
wireless cable providers to deliver EAS alerts to all viewers in a more
technologically and economically efficient manner. As proposed, the
rule revision would provide the greatest economic benefit to systems
with over 5,000 subscribers by obviating the need for special signal
conversion for all channels, but also would provide a benefit to those
systems with fewer than 5,000 subscribers.
3. Under WCA's proposed software based ``force tune'' solution, the
video/audio output of the EAS equipment will be connected to an encoder
for a channel selected to carry EAS messages. Upon EAS activation, the
EAS equipment will send a trigger signal to the system headend which
then forwards the trigger to the subscriber's set-top box as part of
the control data included in every multiplexed program stream
transmitted by the system. The software in the set-top box will
recognize the trigger and ``force tune'' the set-top box to the
selected EAS message channel. WCA represents that a reasonable cost
estimate for this alternative is $46,000.00 or about 2% of the cost of
channel by channel implementation.
4. The Commission proposes to amend part 11 of the rules to allow
wireless cable television systems to comply with the Commission's EAS
requirements by installing only one set of EAS equipment at the headend
of their systems. Under this proposed rule revision, wireless cable
television providers will be able to ``force tune'' all channels in
their systems to the channel carrying an EAS alert. Small wireless
cable systems serving fewer than 5,000 subscribers currently are
required to display audio and video EAS messages on one channel, and
video interrupt and audio alert on all other channels. The Commission
seeks comment on how the proposal would affect these systems.
5. The Commission also proposes to expand WCA's proposal to allow
``force tuning'' for systems with more than 5,000 subscribers, which
currently are required to place EAS messages on all program channels.
The Commission seeks comment on whether it should adopt ``force
tuning'' for all wireless cable systems, or whether ``force tuning''
should be limited to systems of a certain size and, if so, what size
would be appropriate. The Commission seeks comment on the pros and cons
of ``force tuning,'' as proposed by WCA and the NPRM, and whether there
is another approach which is a better alternative, technically and/or
financially, than the one proposed, or whether compliance with the
current requirements is most appropriate. Information is requested from
system operators, industry associations, equipment suppliers and all
other interested parties.
6. The Commission notes that it requires certification of EAS
equipment in accordance with the procedures set forth in subpart J of
part 2 of the Commission's rules. It appears that the WCA proposal is
software driven, that it requires the use of approved EAS equipment at
the headend, and that no changes to approved equipment are required.
For these reasons, the Commission does not propose new authorization
standards for equipment used to implement the proposed ``force tune''
procedure. Rather, the Commission proposes to require that the
operators of systems using this ``force tune'' technology develop
procedures to ensure that the process works and that subscriber
equipment, such as set-top boxes, does, in fact, tune to the EAS alert/
message channel when instructed to do so by the headend equipment. The
Commission seeks comment on its proposal not to require new equipment
authorization. The Commission also requests recommendations as to
procedures to be followed by operators to ensure that required EAS
notices are delivered to subscribers. Finally, the Commission invites
comment on what effects the proposals and issues addressed in this NPRM
may have on consumer equipment.
Initial Regulatory Flexibility Analysis
7. With respect to this NPRM, an Initial Regulatory Flexibility
Analysis (IRFA) is contained in Appendix A. As required by section 603
of the Regulatory Flexibility Act (RFA), the Commission has prepared an
IRFA of the possible significant economic impact on small entities by
the policies and rules proposed in the NPRM. Written public comments
are requested on the IRFA. Comments must be identified as responses to
the IRFA and must be filed by the deadlines for comments on the NPRM
specified in paragraph 9 of the NPRM. The Commission will send a copy
of the NPRM, including the IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration.
Need for, and Objectives of, the Proposed Rules
8. In this NPRM, the Commission solicits comment on a petition for
rulemaking filed by the Wireless Cable Association International, Inc.
requesting revisions to the part 11 rules governing the Emergency Alert
System (``EAS''). The requested revisions are intended to reduce
burdens on EAS participants and improve the overall performance of the
EAS.
Legal Basis
9. Authority for the actions proposed in this NPRM may be found in
sections 1, 4(i), 4(j), 4(o), 303(r), 624(g) and 706 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
154(o), 303(r), 544(g) and 606.
[[Page 18859]]
Description and Estimate of the Number of Small Entities To Which the
Proposed Rules Will Apply
10. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that will be
affected by the proposed rules. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' The arts, entertainment, and recreations
sector had 96,497 small firms.
11. Multipoint Distribution Systems. The proposed rules would apply
to Multipoint Distribution Systems (MDS) operated as part of a wireless
cable system. The Commission has defined ``small entity'' for purposes
of the auction of MDS frequencies as an entity that, together with its
affiliates, has average gross annual revenues that are not more than
$40 million for the preceding three calendar years. This definition of
small entity in the context of MDS auctions has been approved by the
SBA. The Commission completed its MDS auction in March 1996 for
authorizations in 493 basic trading areas. Of 67 winning bidders, 61
qualified as small entities. At this time, the Commission estimates
that of the 61 small business MDS auction winners, 48 remain small
business licensees.
12. MDS also includes licensees of stations authorized prior to the
auction. As noted, the SBA has developed a definition of small entities
for pay television services, Cable and Other Subscription Programming,
which includes all such companies generating $12.5 million or less in
annual receipts. This definition includes MDS and thus applies to MDS
licensees that did not participate in the MDS auction. Information
available to us indicates that there are approximately 392 incumbent
MDS licensees that do not generate revenue in excess of $11 million
annually. Therefore, the Commission finds that there are approximately
440 (392 pre-auction plus 48 auction licensees) small MDS providers as
defined by the SBA and the Commission's auction rules which may be
affected by the rules proposed herein.
13. Instructional Television Fixed Service. The proposed rules
would also apply to Instructional Television Fixed Service (ITFS)
facilities operated as part of a wireless cable system. The SBA
definition of small entities for pay television services also appears
to apply to ITFS. There are presently 2,032 ITFS licensees. All but 100
of these licenses are held by educational institutions. Educational
institutions are included in the definition of a small business.
However, the Commission does not collect annual revenue data for ITFS
licensees, and are not able to ascertain how many of the 100 non-
educational licensees would be categorized as small under the SBA
definition. Thus, the Commission tentatively concludes that at least
1,932 ITFS are small businesses and may be affected by the proposed
rules.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
14. There are no reporting or recordkeeping requirements proposed
in this NPRM. The proposals set forth in the NPRM are, for the most
part, intended to enhance the performance of the EAS while reducing the
burden on digital wireless cable systems. The Commission emphasizes
that participation in state and local EAS activities remains voluntary
and that it does not wish to impose additional costs or burdens on
entities that choose not to participate in state and local area EAS
plans. The NPRM seeks comment on proposed implementation of new
equipment capabilities and new policies with regard to method of
delivery of EAS messages to viewers for all EAS alerts, national, state
and local. These proposals would lessen cost and operational burdens on
digital wireless cable system EAS participants.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
15. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
16. In setting forth the proposals contained in this NPRM, the
Commission has attempted to minimize the burdens on all entities. The
Commission seeks comment on the impact of its proposals on small
entities and on any possible alternatives that would minimize the
impact on small entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
17. None.
Ex Parte Rules
18. These matters shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other requirements
pertaining to oral and written presentations are set forth in section
1.1206(b) of the Commission's rules.
Ordering Clauses
19. Accordingly, pursuant to the authority contained in sections 1,
4(i), 4(j), and 4(o), 303(r), 624(g) and 706 of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 154(o), 303(r),
544(g) and 606, notice is hereby given of the proposals described in
this Notice of Proposed Rulemaking.
20. The Reference Information Center, Consumer and Governmental
Affairs Bureau, shall send a copy of this Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration in
accordance with the Regulatory Flexibility Act.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 04-8049 Filed 4-8-04; 8:45 am]
BILLING CODE 6712-01-P