[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71023-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23271]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; FCC 05-191]
Review of the Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts rules that expand the reach of the Emergency Alert
System (EAS), as currently constituted, to cover digital communications
technologies that are increasingly being used by the American public to
receive news and entertainment--digital television and radio, digital
cable, and satellite television and radio. This First Report and Order
is the most recent in a series of proceedings in which the Commission
has sought to contribute to an efficient and technologically current
public alert and warning system.
DATES: Effective Date: The rules set forth in the First Report and
Order shall become effective for digital television broadcasters,
digital audio broadcasters, digital cable systems and SDARS licensees
on December 31, 2006, and for DBS providers on May 31, 2007, except
Sec. Sec. 11.15, 11.21, 11.35, 11.51, 11.52, 11.55 and 11.61 which
contains information that has not been approved by OMB. The Commission
will publish a document in the Federal Register announcing the
effective dates of these sections.
Comment Date: Written comments by the public on the new and/or
modified information collection requirements are due January 24, 2006.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Room TW-A325, Washington, DC 20554. You may submit your Paperwork
Reduction Act (PRA) comments by electronic mail or U.S. mail. To submit
your PRA comments by electronic mail, send comments to: [email protected]. To
submit your PRA comments by U.S. mail, mark them to the attention of
Judith B. Herman and address them to the Federal Communications
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Jean Ann Collins, Senior Counsel,
Office of Homeland Security, Enforcement Bureau, at (202) 418-1199. For
additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, send an
e-mail to [email protected] or contact Judith B. Herman at (202) 418-0214.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report and Order in EB Docket No. 04-296, FCC 05-191, adopted November
3, 2005, and released November 10, 2005. The complete text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Room CY-A257, Washington, DC, 20554. This document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893,
facsimile (202) 863-2898, or via e-mail at http://www.bcpiweb.com. It
is also available on the Commission's Web site at http://www.fcc.gov.
This document contains new information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collection requirements contained in this document as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency
comments are due January 24, 2006. In addition, the Commission notes
that pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously
sought specific comment on how the Commission might ``further reduce
the information collection burden for small business concerns with
fewer than 25 employees.''
In this present document, the Commission has assessed the effects
of expanding the reach of EAS to cover DTV, DAB, digital cable, DBS and
SDARS providers, and finds that this imposes minimal regulation on
small entities to the extent consistent with the Commission's goal of
advancing its public safety mission.
[[Page 71024]]
Synopsis of the First Report and Order
1. Background. In the Notice of Proposed Rulemaking (NPRM) (69 FR
16193, August 30, 2004), the Commission sought comment on whether the
EAS in its present form is the most efficient mechanism for warning the
American public of an emergency and, if not, on how the Emergency Alert
System (EAS) can be improved. The main objective of the NPRM was to
seek comment on whether the EAS as currently constituted is the most
effective and efficient public warning system that best takes advantage
of appropriate technological advances and best responds to the public's
need to obtain timely emergency information. The NPRM sought comment on
the current efficacy of EAS in an age when the communications landscape
has evolved from what it was when EAS predecessors, and EAS itself,
were originally conceived.
2. Introduction. In the First Report and Order, the Commission
takes steps to advance its important public safety mission by adopting
rules that expand the reach of EAS, as currently constituted, to cover
digital communications technologies that are increasingly being used by
the American public to receive news and entertainment--digital
television and radio, digital cable, and satellite television and
radio.
3. Discussion. The Commission's immediate concern, and the subject
of this First Report and Order, is to ensure that increasingly popular
digital technologies deliver some level of basic national or regional
warning now, while more sophisticated alert and warning systems are
being developed. It is an essential element of the Commission's mission
to ensure that the American public receives public alerts and warnings.
For the reasons indicated below, the Commission believes that the
current EAS is overall the most effective way to provide such a basic
level of warning as the Commission transitions to more sophisticated
systems. Accordingly, the Commission adopts rules to ensure that
digital television (DTV), digital audio broadcasting (DAB), digital
cable, direct broadcast satellite (DBS) and satellite digital audio
radio service (SDARS) consumers are provided with effective, basic
alert and warning information now, in a manner that will neither
interfere with nor impede the ongoing development of a fully integrated
state of the art warning system. The Commission seeks to facilitate
this steady transition to a digital warning system by extending the EAS
obligations of analog broadcasters and cable systems to these
additional digital communications systems.
4. The Commission believes that the benefits of requiring DTV, DAB,
digital cable, DBS and SDARS licensees to participate in the current
EAS far outweigh any burdens associated with implementing these
requirements. EAS represents a significant and valuable investment that
provides effective alert and warning during the time that new,
digitally-based public alert and warning systems are being developed.
The Commission agrees with those commenters who argue that EAS should
remain an important component of any future alert and warning system.
Further, in most cases, the digital platforms affected by this First
Report and Order either have in place the ability to distribute EAS
warnings, or can do so in a reasonable amount of time and with
reasonable cost. Accordingly, based on the Commission's examination of
the record in this proceeding, it does not believe that requiring these
digital services to install and use EAS equipment will impose undue
regulatory or financial burdens. The Commission will continue, along
with other agencies and industry, to explore ways in which emergency
information might be made available in a more efficient, effective, and
technologically current fashion.
5. Digital Television. Television broadcasting in the United States
is in the midst of a conversion from analog to digital technology. The
majority of television stations serving all markets in the United
States are already airing DTV programming, and the Commission set a
target date of December 31, 2006 for the completion of the DTV
transition. When the DTV transition is complete, some of the spectrum
currently used for broadcast television will be reclaimed and put to
other uses, notably public safety. The Commission has adopted standards
and rules that address the transition of the nation's television
broadcasters from analog to DTV, which are set forth in Part 73 of the
Commission's rules. None of these rules, however, have addressed EAS
participation.
6. In the NPRM, the Commission sought comment on whether to make
participation compulsory. The Commission asked commenters to address
the possibility that when television stations turn off their analog
signals as part of the DTV transition, they could leave a market devoid
of an EAS participating broadcaster. The Commission also noted that DTV
broadcasters have the ability to multicast, i.e., to transmit more than
one program stream on their assigned channel. The Commission sought
comment on whether DTV broadcasters should be required to transmit EAS
messages on all program streams, or whether they should be permitted to
transmit on only one stream and force tune receivers to that stream.
7. Based on the record before the Commission, the Commission finds
that revising its EAS rules to apply to DTV broadcasters furthers the
public interest by ensuring that the public--regardless of the form of
technology used--receives emergency information. Accordingly, the
Commission will require DTV broadcasters to comply with the
Commission's part 11 rules. DTV broadcasters must participate in all
national EAS activations. Participation in state and local EAS
activations will remain voluntary, but if DTV broadcasters choose to
transmit state and local EAS messages they must comply with the
Commission's part 11 rules governing those messages. Essentially, DTV
providers will now have the same EAS obligations as analog television
broadcasters, including, inter alia, the obligations to install ENDEC
units so that the monitoring and transmitting functions are available
during the times stations are in operation and transmit EAS test
messages. These requirements will be effective on December 31, 2006.
8. In addition, the Commission concludes that when a DTV
broadcaster participates in EAS activations, it must provide the EAS
message to viewers of all program streams that the DTV broadcaster
provides over a particular channel. All DTV viewers should have access
to the potentially life-saving emergency information contained in EAS
messages. The Commission concludes that all viewers should be informed
of critical emergency information regardless of which program stream
they are viewing.
9. Digital Cable. Cable systems, like broadcasters, are required to
carry Presidential EAS messages, and permitted to transmit state and
local EAS messages on a voluntary basis. In 1997, the Commission
extended EAS requirements to wireless cable systems. The Commission's
EAS requirements do not specifically refer to digital cable, which was
not in widespread use in 1994 when EAS was implemented. In the NPRM,
the Commission sought comment on whether it should extend EAS
obligations to digital media, including digital cable television. In
addition, the Commission raised technical questions regarding digital
cable service participation in EAS.
[[Page 71025]]
10. Digital cable offers a number of advantages over analog cable.
For instance, the digital format eliminates unwanted noise and
interference from programming. Further, digital compression allows more
than five times the number of stations to be delivered via the same
bandwidth, on additional channel capacity that allows digital cable
operators to deliver ``near on-demand'' programming by staggering the
start times of programs on different channels. Because of these
advantages, digital cable is increasingly deployed with analog cable in
the marketplace. By 2005, more than 23 percent of TV households
subscribed to digital cable.
11. The Commission specifically extends the EAS obligations set
forth in Part 11 of its rules to digital cable systems. For purposes of
this First Report and Order and Part 11 of the Commission's rules only,
the term ``digital cable systems'' is defined as the portion of a cable
system that delivers channels in digital format to subscribers.
Essentially, digital cable systems will now have the same EAS
obligations as analog cable systems. Specifically, the Commission will
require digital cable systems to participate in national level EAS
activations. Participation in state and local EAS activations will
continue to be voluntary, but digital cable systems that choose to
participate must comply with the part 11 rules.
12. The Commission will permit digital cable systems that are
participating in EAS activations to determine the method they will use
to distribute EAS messages to viewers of digital cable channels as long
as all viewers receive the complete EAS message on the channel that
they are watching. For example, digital cable systems may transmit EAS
messages on all digital channels or transmit EAS messages on a single
channel and force tune all receivers to that channel. Under the rules
adopted in the EAS First Report and Order, digital cable systems with
fewer than 5,000 subscribers must, like analog and wireless cable
systems with fewer than 5,000 subscribers, provide a video interruption
and an audio alert message on all channels and the EAS message on at
least one channel.
13. Digital Audio Broadcasting. Radio stations using in-band, on-
channel (IBOC) digital audio broadcasting (DAB) technology are able to
provide enhanced sound fidelity, improved reception, multiple audio
streams, and new data services to digital-ready radio receivers. This
technology makes use of the existing AM and FM bands (In-Band) by
adding digital carriers to a radio station's analog signal, allowing
broadcasters to transmit digitally on their existing channel
assignments (On-Channel) while simultaneously maintaining their analog
service. Thus, IBOC permits the transmission of both analog and digital
signals within the spectral emission mask of a single AM or FM channel,
placing digital information on frequencies immediately adjacent to the
analog signal. This technology allows new radios to receive both
digital broadcasts and analog broadcasts from stations that have not
yet converted to digital. This system is designed to blend to analog
when digital reception fails. Radio stations will eventually convert to
all-digital modes of operation. DAB does not require use of additional
spectrum and there is no statutory mandate to convert to a digital
format.
14. The Commission revises its part 11 EAS rules to apply to DAB
broadcasters. The Commission will require DAB broadcasters to air all
national EAS messages. Participation in state and local EAS activations
will be voluntary, as it is for analog radio broadcasters. If DAB
broadcasters choose to participate in state and local EAS activations,
they must comply with the Commission's part 11 EAS rules. Essentially,
DAB providers will now have the same EAS obligations as analog radio
broadcasters. The Commission will also require DAB broadcasters to
transmit all EAS messages that they air on all audio streams. Because
DAB broadcasters will face similar burdens of equipment purchase,
installation and training as DTV and digital cable providers, the
Commission will apply the same date of compliance that it applied for
DTV and digital cable. Accordingly, these rules will be effective
December 31, 2006.
15. The Commission agrees with commenters who argue that EAS
requirements should apply to all audio streams because the goal of EAS
as a public warning system is to reach as many people as possible with
lifesaving information and to do otherwise would result in the reduced
effectiveness of EAS as digital radio listenership increases. All
listeners should be informed of critical emergency information
regardless of which audio stream they are listening to. The Commission
sees no reason to exempt subscription-based streams. Further, as the
Commission afforded to DTV broadcasters, the Commission affords DAB
broadcasters more than a year to comply with these rules and grant DAB
broadcasters the flexibility to determine the method they will use to
distribute EAS messages to listeners of all audio streams as long as
all listeners receive the complete and timely EAS message on the stream
that they are listening to.
16. Satellite Digital Audio Radio Service. Governed by part 25 of
the Commission's rules, SDARS provides a wide variety of digital radio
programming on a subscription basis to subscribers throughout the
contiguous United States. Most SDARS programming is created in the
licensees' central headquarters in New York City (Sirius) and
Washington, DC (XM), but SDARS licensees also re-transmit the
programming of third-party content providers. Content is currently
transmitted exclusively on a nationwide basis. SDARS licensees have
recently begun providing metropolitan area traffic and weather updates
on a round-the-clock basis by means of dedicated channels, but all
subscribers receive each of these channels on a nationwide basis.
SDARS, however, is not a broadcast service, and is not currently
required to participate in EAS. In the NPRM, the Commission sought
comment on whether it should adopt rules extending EAS obligations to
other digital networks, such as SDARS.
17. The Commission amends part 11 of its rules to require that all
SDARS licensees participate in EAS. The new rules will require SDARS
licensees to transmit national level EAS messages on all channels. The
Commission will require that SDARS licensees receive national EAS
messages through an encoder/decoder (ENDEC) unit, the same manner as
currently required of broadcasters and cable systems, from which they
must directly monitor at least two sources, including one PEP station,
or must directly monitor FEMA. This should not be difficult to
accomplish as XM currently already monitors EAS alerts from an LP-1
station through an ENDEC unit located at its Washington, D.C.
headquarters. The Commission strongly encourages SDARS licensees to
have the ability to receive EAS alerts from state and local emergency
managers and the ability to disseminate state and local EAS warnings on
local traffic and weather channels that the SDARS licensees provide.
The Commission will require SDARS licensees to inform their customers
of the channels that will and will not be capable of supplying state
and local EAS messages. Finally, the Commission will require SDARS
licensees to test their ability to receive and distribute EAS messages
in the same manner required of other EAS participants in section 11.61
of the Commission's rules and to keep records of all tests. Because
SDARS licensees will face burdens of equipment
[[Page 71026]]
purchase, installation and/or training similar to those of DTV and DAB
broadcasters and digital cable providers, these new rules will also
take effect December 31, 2006.
18. The Commission will allow SDARS licensees that choose to
implement the ability to receive state and local EAS warnings to
develop the methods by which they can receive state and local EAS
messages. In addition, the Commission encourages SDARS licensees that
choose to implement the ability to receive and transmit state and local
EAS warnings to develop additional ways of distributing EAS messages to
the appropriate listeners, regardless of the channel they are listening
to. Finally, the Commission requires SDARS licensees to inform their
customers of the channels that will and will not supply state and local
EAS messages. This information should be provided on the SDARS
licensee's website and also distributed in writing to customers at
least annually.
19. To alert listeners to an emergency announcement that may
interest them, Sirius also suggested exploring the possibility of pre-
empting the text box that normally contains the channel name and
current programming, to announce the state or region and type of alert,
and the channel number transmitting detailed information. The
Commission strongly encourages such developments, and the use of the
SDARS and DAB text box to display entire EAS messages, which the
Commission hopes to see included in any next generation public alert
and warning system.
20. Direct-to-Home Satellite Services. DTH satellite services
include DBS and Home Satellite Dish (HSD) services. Under the
Commission's current part 11 rules, DBS providers and HSD providers are
not required to participate in EAS, but may participate on a voluntary
basis. The Commission has encouraged such participation. For purposes
of this First Report and Order, DBS providers include the entities set
forth in section 25.701(a) of the Commission's rules. Accordingly, DBS
providers include: (1) Entities licensed to operate satellites in the
12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate
satellites in the Ku band fixed satellite service (FSS) and that sell
or lease capacity to a video programming distributor that offers
service directly to consumers providing a sufficient number of channels
so that four percent of the total applicable programming channels
yields a set aside of at least one channel of non commercial
programming pursuant to section 25.701(e) of the Commission's rules, or
(3) non U.S. licensed satellite operators in the Ku band that offer
video programming directly to consumers in the United States pursuant
to an earth station license issued under part 25 of this title and that
offer a sufficient number of channels to consumers so that four percent
of the total applicable programming channels yields a set aside of one
channel of non commercial programming pursuant to section 25.701(e) of
the Commission's rules. This definition ensures that the EAS rules
apply to the vast majority of existing DTH satellite services,
particularly those for which viewers may have expectations as to
available warnings based on experience with broadcast television
services. The use of this definition will make the EAS obligations
applicable to DTH-FSS licensees, including those who provide capacity
to video programming distributors.
21. HSD providers originally supplied satellite television;
however, currently, DBS providers serve most satellite television
consumers. Over the past 5 years, the number of DBS subscribers has
steadily increased from almost 13 million in June 2000 to over 27
million in June 2005. During the same time period, the number of HSD
subscribers has steadily decreased from almost 1.5 million to fewer
than 150,000. DTH satellite service provides multi-channel video
programming and now reaches almost 25% of U.S. households with a
television. DTH satellite providers receive programming from national
programmers, such as HBO, ESPN, and CNN, and from local channels, such
as the broadcast affiliates in a particular area, and then transmit
these programs to customers' receivers. Because of this pass-through
system, a satellite television customer receives EAS messages only if
he receives the local broadcast stations as part of his programming
package, and those stations carry the EAS message.
22. In the NPRM, the Commission sought comment on: (1) Whether it
should adopt rules extending EAS obligations to DBS; (2) whether it
serves the public interest to continue to exempt such satellite
services that reach increasingly larger numbers of Americans from any
requirement to provide public warning; (3) what burdens extending the
EAS obligations would place on such services and whether the benefits
outweigh the burdens; and (4) technical issues involved with requiring
DBS providers to comply with the Commission's EAS rules.
23. In order to ensure that DBS subscribers receive an EAS message
from the President in the event of a national emergency, the Commission
modifies its EAS rules to require DBS providers to participate in
national EAS activations by discontinuing regular programming and
providing the national EAS message to viewers of all channels.
Accordingly, DBS providers will be required to comply with the
Commission's part 11 EAS rules. DBS providers must install equipment
capable of encoding and decoding the EAS protocol and generating and
detecting all EAS codes. DBS providers may install this equipment at
the location most convenient to their system designs. In addition to
ensuring that EAS equipment complies with Commission rules, providers
must also monitor two EAS sources upon receipt of an emergency action
notification and ensure that their EAS monitoring equipment is
operational. Finally, the Commission will require DBS licensees to test
their ability to receive and distribute EAS messages. The Commission
concludes that extending national level EAS requirements to DBS
providers serves the public interest by ensuring that the significant
portion of the American public that are DBS subscribers have access to
this critical emergency information.
24. Although participation in state and local EAS activations
remains voluntary, the Commission will require DBS providers to pass
through all EAS messages aired on local channels to subscribers
receiving those channels. Therefore, subscribers viewing local channels
through DBS services will receive all EAS messages transmitted over
those local channels. Additionally, the Commission concludes that DBS
providers must be capable of receiving (from state and local emergency
managers) and distributing state and local EAS messages or they must
disclose their inability to do on their Web site and in writing to
their customers at least annually. Most emergencies originate at the
state and local level and the current EAS system includes an interface
for state and local emergency managers, providing a way to access the
system and originate and relay EAS messages. The Commission encourages
DBS licensees to design their systems to include this capability and,
specifically, to design their converter boxes to be capable of
receiving the appropriate regional, state and local EAS messages. Any
future Public Alert and Warning System will likely include EAS and may
require DBS licensees to increase participation in regional, state and
local EAS activations.
[[Page 71027]]
25. The Commission acknowledges that there are technical issues
that will need to be resolved in order for DBS licensees to make the
necessary changes to their systems and wishes to give maximum
flexibility to DBS providers. Accordingly, the Commission will permit
DBS providers to determine the method they will use to distribute EAS
messages to viewers, as long as all viewers receive national EAS
messages regardless of the channel that they are watching. Because of
the complexity associated with ensuring that national alert messages
will be transmitted on all channels that do not originate at local
broadcast stations, the Commission is providing DBS providers more time
to comply with these rules. DBS providers will need to modify their
satellite uplink facilities at multiple locations. DBS providers will
also need to develop and implement technologies within each of several
dozen different satellite transponder data streams. Estimates indicate
that such efforts will likely require approximately 18 months to
implement fully. Accordingly, these rules will take effect May 31,
2007. The Commission encourages DBS providers that have the capability
to participate in EAS activations to do so as soon as possible.
26. The Commission will require DBS licensees to test their ability
to receive and distribute EAS messages in a manner similar to that
required of other EAS participants in section 11.61 of its rules and to
keep records of all tests. DBS licensees should monitor a state or
local primary source to participate in testing. Accordingly, the
Commission will require that DBS providers conduct EAS tests each month
on at least 10 percent of the total channels they provide. For purposes
of this calculation, the total number of channels should not include
those channels that the DBS provider passes through with the embedded
national, state or local EAS message. The channels tested should vary
each month, and over the course of a year all channels should be
tested. DBS providers must log receipt of weekly tests in their
records. Requiring that only 10 percent of channels be tested each
month and that weekly tests must only be logged in records should
reduce the burdens associated with EAS testing for DBS providers. Any
remaining burdens are outweighed by the public interest benefits of
testing which ensures that DBS providers are able to receive and
transmit EAS messages. These testing requirements are no more onerous
to DBS providers than those required of any other EAS participant. Due
to the potential technical difficulties and costs associated with
transmission of weekly tests, in the Further Notice, the Commission
seeks comment regarding weekly test transmission requirements for DBS
providers.
27. Although the Commission encourages participation by HSD
providers, the Commission will not require their participation in EAS
because: (1) There were only approximately 145,000 HSD users in June
2005 and that number continues to decrease; and (2) as HSD users
receive programming directly from programmers, it would be very
burdensome for HSD providers to distribute EAS messages to subscribers.
28. Administrative Matters. The Commission receives numerous
questions about and requests for clarification and corrections of its
EAS rules. The Commission finds that several minor administrative
changes to the EAS rules are in order. Accordingly, the Commission
amends its EAS rules to delete all reference to the ``FCC EAS mailing
list'' which the Commission no longer maintains. EAS information may
now be obtained from the Web site http://www.fcc.gov/eb/eas and from
the general FCC information number 1888-CALL-FCC. Further, the
Commission amends section 11.41 to change ``Operating Handbook'' to
``EAS Operating Handbook.'' In section 11.52(b) of the Commission's
rules, the Commission will change the reference to 11.51(j)(2) to
11.51(m)(2). Section 11.53(c) provides that, prior to commencing
operations, broadcast stations must determine whether the EAS has been
activated by monitoring the assigned EAS sources. In order to clarify
how EAS monitoring assignments are determined, the Commission amends
this section to add the following to the end of section 11.53(c): ``as
specified in their State or Local plan.'' Finally, because section
76.305 no longer exists, the reference to that section in 11.54(b)(13)
is changed to the correct reference: section 76.1711.
29. Conclusion. The Commission expands the reach of EAS, as
currently constituted, to ensure that more Americans are able to
receive national and/or regional public alerts and warnings. Digital
technologies are rapidly becoming the norm for communications
technologies and public alert and warning must keep pace with this
digital revolution. Government and industry are engaged in the early
stages of efforts to develop a fully integrated, state of the art,
digitally-based public alert and warning system for the American
public. Increasingly popular digital technologies must have the ability
to deliver some level of basic national or regional warning now, during
the time that more sophisticated alert and warning systems are being
developed. Further, the Commission amends its EAS rules to ensure that
persons with disabilities have equal access to public warnings.
Final Paperwork Reduction Act Analysis
30. This document contains new information collection requirements.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collection requirements contained in this Report and Report and Order
as required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due January 24, 2006.
Final Regulatory Flexibility Analysis
31. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM. The Commission sought written public comment
on the proposals in the NPRM, including comment on the IRFA. The
Commission received no comments specifically directed toward the IRFA.
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Rules
32. Today's Order establishes rules that expand the reach of the
Emergency Alert System (EAS), as currently constituted, to cover the
following digital communications technologies that are increasingly
being used by the American public to receive news and entertainment--
digital television and radio, digital cable, and satellite television
and radio. As noted in the Order, one of the most fundamental and
significant statutory mandates of the Commission is the promotion of
safety of life and property through the use of wire and radio
communication. Clearly, some level of EAS participation must be
established for new digital services to ensure that large portions of
the American public are able to receive national and/or regional public
alerts and warnings.
33. This Order is a follow-up to the NPRM that was issued last
year. In the NPRM, the Commission solicited comment on an array of
questions and potential rule changes to contribute to an efficient and
technologically current public alert and warning system. The NPRM also
solicited comments and participation of state and local
[[Page 71028]]
emergency planning organizations and all telecommunications industries
to develop a more effective EAS. The EAS First Report and Order takes
initial steps to resolve the issues raised in the NPRM.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
34. There were no comments filed that specifically addressed the
IRFA. Nonetheless, the agency considered the potential impact of the
rules discussed in the IRFA on small entities and reduced the
compliance burden for all small entities (as discussed in Appendix A of
the NPRM) in order to reduce the economic impact of the rules enacted
herein on such entities.
Description and Estimate of the Number of Small Entities to Which Rules
Will Apply
35. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of, the number of small entities that may
be affected by the rules adopted herein. 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) 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).
36. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 2002, there were
approximately 1.6 million small organizations. The term ``small
governmental jurisdiction'' is defined as ``governments of cities,
towns, townships, villages, school districts, or special districts,
with a population of less than fifty thousand.'' As of 1997, there were
approximately 87,453 governmental jurisdictions in the United States.
This number includes 39,044 county governments, municipalities, and
townships, of which 37,546 (approximately 96.2%) have populations of
fewer than 50,000, and of which 1,498 have populations of 50,000 or
more. Thus, the Commission estimates the number of small governmental
jurisdictions overall to be 84,098 or fewer. Nationwide, there are a
total of approximately 22.4 million small businesses, according to SBA
data.
37. Television Broadcasting. The SBA has developed a small business
sized standard for television broadcasting, which consists of all such
firms having $12 million or less in annual receipts. Business concerns
included in this industry are those primarily engaged in broadcasting
images together with sound. According to Commission staff review of BIA
Publications, Inc. Master Access Television Analyzer Database, as of
May 16, 2003, about 814 of the 1,220 commercial television stations in
the United States had revenues of $12 million or less. The Commission
notes, however, that, in assessing whether a business concern qualifies
as small under the above definition, business (control) affiliations
must be included. The Commission's estimates, therefore, likely
overstate the number of small entities that might be affected by its
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. There are also
2,127 low power television stations (LPTV). Given the nature of this
service, the Commission will presume that all LPTV licensees qualify as
small entities under the SBA size standard.
38. Radio Stations. The revised rules and policies potentially will
apply to all AM and commercial FM radio broadcasting licensees and
potential licensees. The SBA defines a radio broadcasting station that
has $6 million or less in annual receipts as a small business. A radio
broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial, religious, educational, and other radio
stations. Radio broadcasting stations which primarily are engaged in
radio broadcasting and which produce radio program materials are
similarly included. However, radio stations that are separate
establishments and are primarily engaged in producing radio program
material are classified under another NAICS number. According to
Commission staff review of BIA Publications, Inc. Master Access Radio
Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410
commercial radio stations have revenue of $6 million or less. The
Commission notes, however, that many radio stations are affiliated with
much larger corporations having much higher revenue. The Commission's
estimate, therefore, likely overstates the number of small entities
that might be affected by this action.
39. Cable and Other Program Distribution. The SBA has developed a
small business size standard for cable and other program distribution,
which consists of all such firms having $12.5 million or less in annual
receipts. According to Census Bureau data for 1997, in this category
there was a total of 1,311 firms that operated for the entire year. Of
this total, 1,180 firms had annual receipts of under $10 million, and
an additional 52 firms had receipts of $10 million to $24,999,999.
Thus, under this size standard, the majority of firms can be considered
small. In addition, limited preliminary census data for 2002 indicate
that the total number of cable and other program distribution companies
increased approximately 46 percent from 1997 to 2002.
40. Cable System Operators (Rate Regulation Standard). The
Commission has developed its own small business size standard for cable
system operators, for purposes of rate regulation. Under the
Commission's rules, a ``small cable company'' is one serving fewer than
400,000 subscribers nationwide. The Commission has estimated that there
were 1,439 cable operators who qualified as small cable system
operators at the end of 1995. Since then, some of those companies may
have grown to serve over 400,000 subscribers, and others may have been
involved in transactions that caused them to be combined with other
cable operators. Consequently, the Commission estimates that there are
now fewer than 1,439 small entity cable system operators that may be
affected by the rules and policies proposed herein.
41. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250,000,000.'' The Commission has determined that
there are 67,700,000 subscribers in the United States. Therefore, an
operator serving fewer than 677,000 subscribers shall be deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the
aggregate. Based on available data, the Commission estimates that the
number of cable operators serving 677,000 subscribers or fewer, totals
1,450. The Commission neither requests nor collects information on
whether cable system operators are affiliated with entities whose gross
annual revenues
[[Page 71029]]
exceed $250 million, and therefore are unable, at this time, to
estimate more accurately the number of cable system operators that
would qualify as small cable operators under the size standard
contained in the Communications Act of 1934.
42. Multipoint Distribution Systems. The established rules 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.
43. MDS also includes licensees of stations authorized prior to the
auction. As noted above, 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 estimates that there are at
least 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 adopted herein. In addition, limited
preliminary census data for 2002 indicate that the total number of
cable and other program distribution companies increased approximately
46 percent from 1997 to 2002.
44. Instructional Television Fixed Service. The established rules
would also apply to Instructional Television Fixed Service 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
is 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 are small
businesses and may be affected by the established rules.
45. Satellite Telecommunications and Other Telecommunications. The
Commission has not developed a small business size standard
specifically for providers of satellite service. The appropriate size
standards under SBA rules are for the two broad categories of Satellite
Telecommunications and Other Telecommunications. Under both categories,
such a business is small if it has $12.5 or less in average annual
receipts. For the first category of Satellite Telecommunications,
Census Bureau data for 1997 show that there were a total of 324 firms
that operated for the entire year. Of this total, 273 firms had annual
receipts of under $10 million, and an additional twenty-four firms had
receipts of $10 million to $24,999,999. Thus, the majority of Satellite
Telecommunications firms can be considered small.
46. The second category--Other Telecommunications--includes
``establishments primarily engaged in * * * providing satellite
terminal stations and associated facilities operationally connected
with one or more terrestrial communications systems and capable of
transmitting telecommunications to or receiving telecommunications from
satellite systems.'' Of this total, 424 firms had annual receipts of $5
million to $9,999,999 and an additional 6 firms had annual receipts of
$10 million to $24,999,990. Thus, under this second size standard, the
majority of firms can be considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
47. In the Order, the Commission takes steps to advance its public
safety mission by adopting rules that expand the reach of EAS, as
currently constituted, to cover the following digital communications
technologies: digital television and radio, digital cable, and
satellite television and radio.
48. As indicated above, the Commission has revised its EAS rules to
make them apply to DTV broadcasters. The Order requires that DTV
broadcasters comply with the Commission's part 11 rules. Thus, DTV
broadcasters must participate in all national EAS activations.
Participation in state and local EAS activations will remain voluntary,
but if DTV broadcasters choose to transmit state and local EAS messages
they must comply with the Commission's part 11 rules governing those
messages. Essentially, DTV providers will now have the same EAS
obligations as analog television broadcasters. In addition, the Order
requires that, when DTV broadcasters participate in EAS activations,
they must provide the EAS message to viewers of all program streams.
49. The Commission has revised its EAS rules to require digital
cable systems to participate in national level EAS activations. Digital
cable systems will now have the same EAS obligations as analog cable
systems. Participation in state and local EAS activations will continue
to be voluntary, but digital cable systems that choose to participate
must comply with the part 11 rules. The Order requires that digital
cable systems with fewer than 5,000 subscribers must, like analog and
wireless cable systems with fewer than 5,000 subscribers, provide a
video interruption and an audio alert message on all channels and the
EAS message on at least one channel.
50. The Commission also has revised its EAS rules to make them
apply to digital audio broadcasting (DAB) providers. The Order requires
digital audio broadcasters to air all national EAS messages.
Participation in state and local EAS activations will be voluntary, as
it is for analog radio broadcasters. If DAB providers choose to
participate in state and local EAS activations, they must comply with
part 11 of the Commission's rules. DAB providers will now have the same
EAS obligations as analog radio broadcasters. The Order also requires
DAB providers to transmit all EAS messages that they air on all audio
streams.
51. The Commission has revised its EAS rules to require that all
Satellite Digital Audio Radio Service (SDARS) licensees participate in
EAS in its current form. The Order requires SDARS licensees to transmit
national level EAS messages on all channels.
52. The Commission also strongly encourages SDARS licensees to have
the ability to receive EAS alerts from state and local emergency
managers and the ability to disseminate state and local EAS warnings on
any local traffic and weather channels that the SDARS licensees
provide. The Commission has required SDARS licensees to inform their
customers of the channels that will and will not supply state and local
EAS messages. This information should be provided on the SDARS
licensee's Web site and should also be distributed in writing to
customers at least annually.
[[Page 71030]]
53. In addition, in order to ensure that DBS satellite subscribers
receive an EAS message from the President in the event of a national
emergency, the Commission has revised its EAS rules to require that DBS
satellite service providers participate in national EAS activations.
For purposes of this Order, DBS providers include the entities set
forth in section 25.701 of the Commission's rules. The Order permits
DBS satellite service providers to determine the method they will use
to distribute EAS messages to viewers, as long as all viewers receive
the national EAS message on the channel they are watching. The
Commission notes that SBCA commented that DBS operators need additional
development time to participate in national EAS activations. SBCA
focuses on the technical and operational difficulties involved in
investing in new hardware and software, but has provided no cost
estimate. However, DIRECTV commented that it was prepared to commit the
assets to develop the systems and procedure necessary to deliver
National EAS messages. The Commission has determined that the public
safety benefit that would result from imposing a timely public alert
and warning obligation on DBS providers far outweighs the burdens to
such providers from implementing these new requirements.
54. Although participation in state and local EAS activations
remains voluntary, the Commission has required DBS providers to pass
through all EAS messages aired on local channels to subscribers
receiving those channels so that subscribers viewing local channels
through DBS services will receive all EAS messages transmitted over
those local channels. The Commission has also required DBS providers to
be capable of receiving (from state and local emergency managers) and
distributing state and local EAS messages or they must disclose their
inability to do on their website and in writing to their customers at
least annually.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
55. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(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 and reporting requirements under the rule for such 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
such small entities.''
56. The NPRM invited Comments on a number of alternatives to the
imposition of EAS obligations on the digital communications
technologies discussed in this Order that are increasingly being used
by the American public. For example, the NPRM specifically sought
comment on the technical alternatives to providing EAS messages. In
particular, the NPRM sought comment on whether the EAS system could be
made more efficient. Should it be phased out in favor of a new model?
If so, what would the new model look like? If a new model were to be
adopted, what legal and practical barriers would have to be overcome to
ensure its implementation and effectiveness? What technologies should
serve as the basis for such a model? Alternatively, should EAS
requirements be extended to other services such as cellular telephones?
57. The Commission has considered each of the alternatives
described above, and in the EAS First Report and Order imposes minimal
regulation on small entities to the extent consistent with the
Commission's goal of advancing its public safety mission by adopting
rules that expand the reach of EAS. The affected service providers have
generally expressed their willingness to cooperate in a national
warning system, and the Commission anticipates that this addition of
new providers to EAS can be accomplished swiftly and smoothly. The
Commission believes that the benefits of requiring DTV, DAB, digital
cable, satellite DTH and SDARS providers to participate in the current
EAS far outweigh any burdens associated with implementing these
requirements. EAS represents a significant and valuable investment that
is able to provide effective alert and warning during the time that
new, digitally-based public alert and warning systems are being
developed. The Commission agrees with those commenters who argue that
EAS should remain an important component of any future alert and
warning system. Further, in most cases, the digital platforms affected
by this Order either have in place the ability to distribute EAS
warnings, or can do so in a reasonable amount of time and with minimal
cost. As indicated above, the Commission will continue, along with
other agencies and industry, to explore ways in which emergency
information might be made available in an efficient, effective, and
technologically current fashion.
Report to Congress
58. The Commission will send a copy of the Order, including this
FRFA, in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act. In
addition, the Commission will send a copy of the Order, including this
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Order
and FRFA (or summaries thereof) will also be published in the Federal
Register.
Report and Ordering Clauses
59. Accordingly, it is ordered that pursuant to sections 1, 4(i),
4(o), 303(r), 403, 624(g) and 706 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) and (o), 303(r), 403, 554(g) and 606,
the First Report and Order in EB Docket No. 04-296 is adopted, and that
part 11 of the Commission's rules, 47 CFR part 11, is revised as set
forth in the rule changes. The rules set forth in the First Report and
Order shall become effective for digital television broadcasters,
digital audio broadcasters, digital cable systems and SDARS licensees
on December 31, 2006, and for DBS providers on May 31, 2007, except
Sec. Sec. 11.15, 11.21, 11.35, 11.51, 11.52, 11.55 and 11.61 which
contains information that has not been approved by OMB. The Commission
will publish a document in the Federal Register announcing the
effective dates of these sections.
60. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this First Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
[[Page 71031]]
Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
0
2. Revise Sec. 11.1 to read as follows:
Sec. 11.1 Purpose.
This part contains rules and regulations providing for an Emergency
Alert System (EAS). The EAS provides the President with the capability
to provide immediate communications and information to the general
public at the National, State and Local Area levels during periods of
national emergency. The rules in this part describe the required
technical standards and operational procedures of the EAS for analog
AM, FM, and TV broadcast stations, digital broadcast stations, analog
cable systems, digital cable systems, wireless cable systems, Direct
Broadcast Satellite (DBS) services, Satellite Digital Audio Radio
Service (SDARS), and other participating entities. The EAS may be used
to provide the heads of State and local government, or their designated
representatives, with a means of emergency communication with the
public in their State or Local Area.
0
3. Amend Sec. 11.11 by revising paragraphs (a), (b) and (e) to read as
follows:
Sec. 11.11 The Emergency Alert System (EAS).
(a) The EAS is composed of analog radio broadcast stations
including AM, FM, and Low-power FM (LPFM) stations; digital audio
broadcasting (DAB) stations, including digital AM, FM, and Low-power FM
stations; analog television broadcast stations including Class A
television (CA) and Low-power TV (LPTV) stations; digital television
(DTV) broadcast stations, including digital CA and digital LPTV
stations; analog cable systems; digital cable systems which are defined
for purposes of this part only as the portion of a cable system that
delivers channels in digital format to subscribers at the input of a
Unidirectional Digital Cable Product or other navigation device;
wireless cable systems which may consist of Broadband Radio Service
(BRS), or Educational Broadband Service (EBS) stations; DBS services,
as defined in 47 CFR 25.701(a) (including certain Ku-band Fixed-
Satellite Service Direct to Home providers); SDARS, as defined in 47
CFR 25.201; participating broadcast networks, cable networks and
program suppliers; and other entities and industries operating on an
organized basis during emergencies at the National, State and local
levels. These entities are referred to collectively as EAS Participants
in this part, and are subject to this part, except as otherwise
provided herein. These rules in this part are effective on December 31,
2006 for DTV, DAB, digital cable and SDARS providers, and on May 31,
2007 for DBS providers. At a minimum EAS Participants must use a common
EAS protocol, as defined in Sec. 11.31, to send and receive emergency
alerts in accordance with the effective dates listed above in this
paragraph and in the following tables:
Analog and Digital Broadcast Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
FM Class D Class A TV
EAS equipment requirement AM & FM Digital TV AM & FM DTV \1\ LPTV \2\ LPFM \3\ \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone encoder \5\ \6\..... Y Y 12/31/06 Y Y 12/31/06 N N N .............
EAS decoder.................. Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y Y
EAS encoder.................. Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 N N N .............
Audio message................ Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y Y
Video message................ N/A N/A Y 1/1/97 Y 12/31/06 N/A Y 1/1/97 N/A .............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Effective December 31, 2006, digital FM Class D stations have the same requirements.
\2\ LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment. Effective December 31,
2006, digital LPTV stations have the same requirements.
\3\ LPFM stations must install a decoder within one year after the FCC publishes in the Federal Register a public notice indicating that at least one
decoder has been certified by the FCC. Effective December 31, 2006, digital LPFM stations have the same requirements.
\4\ Effective December 31, 2006, digital Class A TV stations have the same requirements.
\5\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\6\ Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and the required
monthly tests.
Analog Cable Systems
[A. Analog cable systems serving fewer than 5,000 subscribers from a headend must either provide the National
level EAS message on all programmed channels--including the required testing--by October 1, 2002, or comply with
the following EAS requirements. All other analog cable systems must comply with B.]
----------------------------------------------------------------------------------------------------------------
System size and effective dates
-----------------------------------------------------------------------------------------------------------------
>=5,000 but <10,000
B. EAS equipment requirement >=10,000 subscribers subscribers <5,000 subscribers
----------------------------------------------------------------------------------------------------------------
Two-tone signal from storage device... Y 12/31/98 Y 10/1/02 Y 10/1/02
EAS decoder \3\....................... Y 12/31/98 Y 10/1/02 Y 10/1/02
EAS encoder \2\....................... Y 12/31/98 Y 10/1/02 Y 10/1/02
Audio and Video EAS Message on all Y 12/31/98 Y 10/1/02 N
channels.
Video interrupt and audio alert N N Y 10/1/02
message on all channels,\3\ Audio and
Video EAS message on at least one
channel.
----------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and
required monthly test. The two-tone signal must be 8-25 seconds in duration.
\2\ Analog cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they
install an FCC-certified decoder.
\3\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS
emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated
for the duration of the EAS message.
Note: Programmed channels do not include channels used for the transmission of data such as interactive games.
[[Page 71032]]
Wireless Cable Systems (BRS/EBS STATIONS)
[A. Wireless cable systems serving fewer than 5,000 subscribers from a
single transmission site must either provide the National level EAS
message on all programmed channels including the required testing by
October 1, 2002, or comply with the following EAS requirements. All
other wireless cable systems must comply with B.]
------------------------------------------------------------------------
System size and effective dates
-------------------------------------------------------------------------
B. EAS equipment requirement >=5,000
subscribers subscribers <5,000
------------------------------------------------------------------------
EAS decoder...................... Y 10/1/02 Y 10/1/02
EAS encoder \1\ \2\.............. Y 10/1/02 Y 10/1/02
Audio and Video EAS Message on Y 10/1/02 N
all channels \3\.
Video interrupt and audio alert N Y 10/1/02
message on all channels; \4\
Audio and Video EAS message on
at least one channel.
------------------------------------------------------------------------
\1\ The two-tone signal is used only to provide an audio alert to an
audience prior to an EAS emergency message or to the Required Monthly
Test (RMT) under Sec. 11.61(a)(1). The two-tone signal must be 8-25
seconds in duration.
\2\ Wireless cable systems serving < 5,000 subscribers are permitted to
operate without an EAS encoder if they install an FCC-certified
decoder.
\3\ All wireless cable systems may comply with this requirement by
providing a means to switch all programmed channels to a predesignated
channel that carries the required audio and video EAS messages.
\4\ The Video interrupt must cause all channels that carry programming
to flash for the duration of the EAS emergency message. The audio
alert must give the channel where the EAS messages are carried and be
repeated for the duration of the EAS message.
Note: Programmed channels do not include channels used for the
transmission of data services such as Internet.
Digital Cable Systems
[A. Digital cable systems serving fewer than 5,000 subscribers from a
headend must either provide the National level EAS message on all
programmed channels including the required testing by December 31, 2006,
or comply with the following EAS requirements. All other digital cable
systems must comply with B.]
------------------------------------------------------------------------
System size and effective dates
-------------------------------------------------------------------------
>=5,000 <5,000
B. EAS equipment requirement subscribers subscribers
------------------------------------------------------------------------
Two-tone signal from storage Y 12/31/06 Y 12/31/06
device \1\.
EAS decoder \3\.................. Y 12/31/06 Y 12/31/06
EAS encoder \2\.................. Y 12/31/06 Y 12/31/06
Audio and Video EAS Message on Y 12/31/06 N
all channels \4\.
Video interrupt and audio alert N Y 12/31/06
message on all channels,\3\
Audio and Video EAS message on
at least one channel.
------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience
before EAS emergency messages and required monthly test. The two-tone
signal must be 8-25 seconds in duration.
\2\ Digital cable systems serving <5,000 subscribers are permitted to
operate without an EAS encoder if they install an FCC-certified
decoder.
\3\ The Video interrupt must cause all channels that carry programming
to flash for the duration of the EAS emergency message. The audio
alert must give the channel where the EAS messages are carried and be
repeated for the duration of the EAS message.
\4\ All digital cable systems may comply with this requirement by
providing a means to switch all programmed channels to a predesignated
channel that carries the required audio and video EAS messages.
Note: Programmed channels do not include channels used for the
transmission of data such as interactive games or the transmission of
data services such as Internet.
SDARS and DBS
------------------------------------------------------------------------
EAS equipment requirement SDARS DBS
------------------------------------------------------------------------
Two-tone signal \1\.............. Y 12/31/06 Y 5/31/07
EAS decoder...................... Y 12/31/06 Y 5/31/07
EAS encoder...................... Y 12/31/06 Y 5/31/07
Audio message on all channels \2\ Y 12/31/06 Y 5/31/07
Video message on all channels \2\ N/A Y 5/31/07
------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience
before EAS emergency messages and required monthly test. The two-tone
signal must be 8-25 seconds in duration.
\2\ All SDARS and DBS providers may comply with this requirement by
providing a means to switch all programmed channels to a predesignated
channel that carries the required audio and video EAS messages or by
any other method that ensures that viewers of all channels receive the
EAS message.
(b) Analog class D non-commercial educational FM stations as
defined in Sec. 73.506 of this chapter, digital class D non-commercial
educational FM stations, analog LPFM stations as defined in Sec. Sec.
73.811 and 73.853 of this chapter, digital LPFM stations, analog LPTV
stations as defined in Sec. 74.701(f), and digital LPTV stations as
defined in Sec. 74.701(k) of this chapter are not required to comply
with Sec. 11.32. Analog and digital LPTV stations that operate as
television broadcast translator stations, as defined in Sec. 74.701(b)
of this chapter, are not required to comply with the requirements of
this part. FM broadcast booster stations as defined in Sec. 74.1201(f)
of this chapter and FM translator stations as defined in Sec.
74.1201(a) of this chapter which entirely rebroadcast the programming
of other local FM broadcast stations are not required to comply with
the requirements of this part. International
[[Page 71033]]
broadcast stations as defined in Sec. 73.701 of this chapter are not
required to comply with the requirements of this part. Analog and
digital broadcast stations that operate as satellites or repeaters of a
hub station (or common studio or control point if there is no hub
station) and rebroadcast 100 percent of the programming of the hub
station (or common studio or control point) may satisfy the
requirements of this part through the use of a single set of EAS
equipment at the hub station (or common studio or control point) which
complies with Sec. Sec. 11.32 and 11.33.
* * * * *
(e) Organizations using other communications systems or
technologies such as low earth orbit satellite systems, paging,
computer networks, etc. may join the EAS on a voluntary basis by
contacting the FCC. Organizations that choose to voluntarily
participate must comply with the requirements of this part.
0
4. Revise Sec. 11.13 to read as follows:
Sec. 11.13 Emergency Action Notification (EAN) and Emergency Action
Termination (EAT).
(a) The Emergency Action Notification (EAN) is the notice to all
EAS Participants and to the general public that the EAS has been
activated for a national emergency.
(b) The Emergency Action Termination (EAT) is the notice to all EAS
Participants and to the general public that the EAN has terminated.
0
5. Revise Sec. 11.15 to read as follows:
Sec. 11.15 EAS Operating Handbook.
The EAS Operating Handbook states in summary form the actions to be
taken by personnel at EAS Participant facilities upon receipt of an
EAN, an EAT, tests, or State and Local Area alerts. It is issued by the
FCC and contains instructions for the above situations. A copy of the
Handbook must be located at normal duty positions or EAS equipment
locations when an operator is required to be on duty and be immediately
available to staff responsible for authenticating messages and
initiating actions.
0
6. Revise Sec. 11.19 to read as follows:
Sec. 11.19 EAS Non-participating National Authorization Letter.
This authorization letter is issued by the FCC to EAS Participants
that have elected not to participate in the national level EAS. It
states that the EAS Participant has agreed to go off the air or
discontinue programming on all channels during a national level EAS
message. For licensees this authorization will remain in effect through
the period of the initial license and subsequent renewals from the time
of issuance unless returned by the holder or suspended, modified, or
withdrawn by the Commission.
0
7. Revise Sec. 11.21 introductory text and paragraph (a) to read as
follows:
Sec. 11.21 State and Local Area Plans and FCC Mapbook.
EAS plans contain guidelines which must be followed by EAS
Participants' personnel, emergency officials, and National Weather
Service (NWS) personnel to activate the EAS. The plans include the EAS
header codes and messages that will be transmitted by key EAS sources
(NP, LP, SP and SR). State and local plans contain unique methods of
EAS message distribution such as the use of the Radio Broadcast Data
System (RBDS). The plans must be reviewed and approved by the Director,
Office of Homeland Security, Enforcement Bureau, prior to
implementation to ensure that they are consistent with national plans,
FCC regulations, and EAS operation.
(a) The State plan contains procedures for State emergency
management and other State officials, the NWS, and EAS Participants'
personnel to transmit emergency information to the public during a
State emergency using the EAS.
* * * * *
0
8. Amend Sec. 11.31 by revising the format code for LLLLLLLL in
paragraph (c), revising paragraph (d), and revising the footnotes in
paragraphs (e) and (f) to read as follows:
Sec. 11.31 EAS protocol.
* * * * *
(c) * * *
LLLLLLLL--This is the identification of the EAS Participant, NWS
office, etc., transmitting or retransmitting the message. These codes
will be automatically affixed to all outgoing messages by the EAS
encoder.
* * * * *
(d) The only originator codes are:
------------------------------------------------------------------------
Originator ORG code
------------------------------------------------------------------------
EAS Participant............................ EAS
Civil authorities.......................... CIV
National Weather Service................... WXR
Primary Entry Point System................. PEP
------------------------------------------------------------------------
(e) * * *
\1\ Effective May 16, 2002, analog radio and television broadcast
stations, analog cable systems and wireless cable systems may upgrade
their existing EAS equipment to add these event codes on a voluntary
basis until the equipment is replaced. All models of EAS equipment
manufactured after August 1, 2003 must be capable of receiving and
transmitting these event codes. EAS Participants that install or
replace their EAS equipment after February 1, 2004 must install
equipment that is capable of receiving and transmitting these event
codes.
(f) * * *
\1\ Effective May 16, 2002, analog radio and television broadcast
stations, analog cable systems and wireless cable systems may upgrade
their existing EAS equipment to add these marine area location codes on
a voluntary basis until the equipment is replaced. All models of EAS
equipment manufactured after August 1, 2003, must be capable of
receiving and transmitting these marine area location codes. EAS
Participants that install or replace their EAS equipment after February
1, 2004, must install equipment that is capable of receiving and
transmitting these location codes.
0
9. Amend Sec. 11.33 by revising paragraphs (a)(4) and (b) introductory
text to read as follows:
Sec. 11.33 EAS Decoder.
(a) * * *
(4) Display and logging. A visual message shall be developed from
any valid header codes for tests and national activations and any
preselected header codes received. The message shall include the
Originator, Event, Location, the valid time period of the message and
the local time the message was transmitted. The message shall be in the
primary language of the EAS Participant and be fully displayed on the
decoder and readable in normal light and darkness. All existing and new
models of EAS decoders manufactured after August 1, 2003 must provide a
means to permit the selective display and logging of EAS messages
containing header codes for state and local EAS events. Effective May
16, 2002, analog radio and television broadcast stations, analog cable
systems and wireless cable systems may upgrade their decoders on an
optional basis to include a selective display and logging capability
for EAS messages containing header codes for state and local events.
EAS Participants that install or replace their decoders after February
1, 2004 must install decoders that provide a means to permit the
selective display and logging of EAS messages containing header codes
for state and local EAS events.
* * * * *
(b) Attention Signal. EAS Decoders shall have detection and
activation circuitry that will demute a receiver upon detection of the
two audio tones of 853 Hz and 960 Hz. To prevent false
[[Page 71034]]
responses, decoders designed to use the two tones for receiver demuting
shall comply with the following:
* * * * *
0
10. Amend Sec. 11.34 by revising paragraph (e) to read as follows:
Sec. 11.34 Acceptability of the equipment.
* * * * *
(e) Waiver requests of the Certification requirements for EAS
Encoders or EAS Decoders which are constructed for use by an EAS
Participant, but are not offered for sale will be considered on an
individual basis in accordance with part 1, subpart G, of this chapter.
* * * * *
0
11. Revise Sec. 11.35 to read as follows:
Sec. 11.35 Equipment operational readiness.
(a) EAS Participants are responsible for ensuring that EAS
Encoders, EAS Decoders and Attention Signal generating and receiving
equipment used as part of the EAS are installed so that the monitoring
and transmitting functions are available during the times the stations
and systems are in operation. Additionally, EAS Participants must
determine the cause of any failure to receive the required tests or
activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate
entries indicating reasons why any tests were not received must be made
in the broadcast station log as specified in Sec. Sec. 73.1820 and
73.1840 of this chapter for all broadcast streams and cable system
records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of
this chapter. All other EAS Participants must also keep records
indicating reasons why any tests were not received and these records
must be retained for two years, maintained at the EAS Participant's
headquarters, and made available for public inspection upon reasonable
request.
(b) If the EAS Encoder or EAS Decoder becomes defective, the EAS
Participant may operate without the defective equipment pending its
repair or replacement for 60 days without further FCC authority.
Entries shall be made in the broadcast station log, cable system
records, and records of other EAS Participants, as specified in
paragraph (a) of this rule, showing the date and time the equipment was
removed and restored to service. For personnel training purposes, the
required monthly test script must still be transmitted even though the
equipment for generating the EAS message codes, Attention Signal and
EOM code is not functioning.
(c) If repair or replacement of defective equipment is not
completed within 60 days, an informal request shall be submitted to the
District Director of the FCC field office serving the area in which the
EAS Participant is located, or in the case of DBS and SDARS providers
to the District Director of the FCC field office serving the area where
their headquarters is located, for additional time to repair the
defective equipment. This request must explain what steps have been
taken to repair or replace the defective equipment, the alternative
procedures being used while the defective equipment is out of service,
and when the defective equipment will be repaired or replaced.
0
12. Revise Sec. 11.41 to read as follows:
Sec. 11.41 Participation in EAS.
(a) All EAS Participants specified in Sec. 11.11 are categorized
as Participating National (PN) sources unless authorized by the FCC to
be Non-Participating (NN) sources.
(b) An EAS Participant may submit a written request to the FCC
asking to be an NN source. The FCC may then issue a Non-participating
National Authorization letter. NN sources must go off the air during a
national EAS activation after transmitting specified information.
(1) An EAS Participant that is an NN source under Sec. 11.18(f)
that wants to become a PN source in the national level EAS must submit
a written request to the FCC.
(2) NN sources may voluntarily participate in the State and Local
Area EAS. Participation is at the discretion of EAS Participant
management and should comply with State and Local Area EAS Plans.
(c) All sources, including NN, must have immediate access to an EAS
Operating Handbook.
0
13. Amend Sec. 11.42 by revising paragraphs (a)(1), (a)(2), (b), and
(c) to read as follows:
Sec. 11.42 Participation by communications common carriers.
(a) * * *
(1) An originating source from the nearest service area to a
selected Test Center and then to the EAS Participant for the duration
of the emergency, provided an Emergency Action Notification is issued
by the White House and the originating source has a local channel from
the originating point to the nearest service area.
(2) An independent broadcast station to the radio and television
broadcast networks and any other EAS Participant provided the station
has in service a local channel from the station's studio or transmitter
directly to the broadcast source.
(b) Upon receipt of the Emergency Action Termination, the common
carriers shall disconnect the originating source and the participating
independent stations and restore the networks and other EAS
Participants to their original configurations.
(c) During a National level EAS Test, common carriers which have
facilities in place may, without charge, connect an originating source
from the nearest exchange to a selected Test Center and then to any EAS
Participant. Independent stations will not be connected during the test
unless authorized by the FCC. Upon test termination, EAS Participants
shall be restored to their original configurations.
* * * * *
0
14. Amend Sec. 11.44 by revising paragraph (d) to read as follows:
Sec. 11.44 EAS message priorities.
* * * * *
(d) During a national emergency, the facilities of all EAS
Participants must be reserved exclusively for distribution of
Presidential Messages. NIC messages received from national networks
which are not broadcast at the time of original transmission must be
recorded locally by LP sources for transmission at the earliest
opportunity consistent with the message priorities in paragraph (b) of
this section.
0
15. Revise Sec. 11.46 to read as follows:
Sec. 11.46 EAS public service announcements.
EAS Participants may use Public Service Announcements or obtain
commercial sponsors for announcements, infomercials, or programs
explaining the EAS to the public. Such announcements and programs may
not be a part of alerts or tests, and may not simulate or attempt to
copy alert tones or codes.
0
16. Revise Sec. 11.47 to read as follows:
Sec. 11.47 Optional use of other communications methods and systems.
(a) Analog and digital broadcast stations may additionally transmit
EAS messages through other communications means. For example, on a
voluntary basis, FM stations may use subcarriers to transmit the EAS
codes including 57 kHz using the RBDS standard produced by the National
Radio Systems Committee (NRSC) and television stations may use
subsidiary communications services.
(b) Other technologies and public service providers, such as low
earth orbiting satellites, that wish to participate in the EAS may
contact the FCC's Office of Homeland Security, Enforcement Bureau, or
their State
[[Page 71035]]
Emergency Communications Committee for information and guidance.
0
17. Revise Sec. 11.51 to read as follows:
Sec. 11.51 EAS code and Attention Signal Transmission requirements.
(a) Analog and digital broadcast stations must transmit, either
automatically or manually, national level EAS messages and required
tests by sending the EAS header codes, Attention Signal, emergency
message and End of Message (EOM) codes using the EAS Protocol. The
Attention Signal must precede any emergency audio message. After
January 1, 1998, the shortened Attention Signal may only be used as an
audio alert signal and the EAS codes will become the minimum signaling
requirement for National level messages and tests.
(b) When relaying EAS messages, EAS Participants may transmit only
the EAS header codes and the EOM code without the Attention Signal and
emergency message for State and local emergencies. Pauses in video
programming before EAS message transmission should not cause television
receivers to mute EAS audio messages. No Attention Signal is required
for EAS messages that do not contain audio programming, such as a
Required Weekly Test.
(c) By the effective dates provided in Sec. 11.11(a), all analog
and digital radio and television stations shall transmit EAS messages
in the main audio channel. Effective December 31, 2006, all DAB
stations shall also transmit EAS messages on all audio streams.
Effective December 31, 2006, all DTV broadcast stations shall also
transmit EAS messages on all program streams.
(d) By the effective dates provided in Sec. 11.11(a), analog and
digital television broadcast stations shall transmit a visual message
containing the Originator, Event, Location and the valid time period of
an EAS message. If the message is a video crawl, it shall be displayed
at the top of the television screen or where it will not interfere with
other visual messages.
(e) Analog class D non-commercial educational FM stations as
defined in Sec. 73.506 of this chapter, digital class D non-commercial
educational FM stations, analog Low Power FM (LPFM) stations as defined
in Sec. Sec. 73.811 and 73.853 of this chapter, digital LPFM stations,
analog low power TV (LPTV) stations as defined in Sec. 74.701(f) of
this chapter, and digital LPTV stations as defined in Sec. 74.701(k)
of this chapter are not required to have equipment capable of
generating the EAS codes and Attention Signal specified in Sec. 11.31.
(f) Analog and digital broadcast station equipment generating the
EAS codes and the Attention Signal shall modulate a broadcast station
transmitter so that the signal broadcast to other EAS Participants
alerts them that the EAS is being activated or tested at the National,
State or Local Area level. The minimum level of modulation for EAS
codes, measured at peak modulation levels using the internal
calibration output required in Sec. 11.32(a)(4), shall modulate the
transmitter at the maximum possible level, but in no case less than 50%
of full channel modulation limits. Measured at peak modulation levels,
each of the Attention Signal tones shall be calibrated separately to
modulate the transmitter at no less than 40%. These two calibrated
modulation levels shall have values that are within 1 dB of each other.
(g) Analog cable systems and digital cable systems with fewer than
5,000 subscribers per headend and wireless cable systems with fewer
than 5,000 subscribers shall transmit EAS audio messages in the same
order specified in paragraph (a) of this section on at least one
channel. The Attention Signal may be produced from a storage device.
Additionally, these analog cable systems, digital cable systems, and
wireless cable systems:
(1) Must install, operate, and maintain equipment capable of
generating the EAS codes. The modulation levels for the EAS codes and
Attention Signal for analog cable systems shall comply with the aural
signal requirements in Sec. 76.605 of this chapter,
(2) Must provide a video interruption and an audio alert message on
all channels. The audio alert message must state which channel is
carrying the EAS video and audio message,
(3) Shall transmit a visual EAS message on at least one channel.
The message shall contain the Originator, Event, Location, and the
valid time period of the EAS message. If the visual message is a video
crawl, it shall be displayed at the top of the subscriber's television
screen or where it will not interfere with other visual messages.
(4) May elect not to interrupt EAS messages from broadcast stations
based upon a written agreement between all concerned. Further, analog
cable systems, digital cable systems, and wireless cable systems may
elect not to interrupt the programming of a broadcast station carrying
news or weather related emergency information with state and local EAS
messages based on a written agreement between all parties.
(5) Wireless cable systems and digital cable systems with a
requirement to carry the audio and video EAS message on at least one
channel and a requirement to provide video interrupt and an audio alert
message on all other channels stating which channel is carrying the
audio and video EAS message, may comply by using a means on all
programmed channels that automatically tunes the subscriber's set-top
box to a pre-designated channel which carries the required audio and
video EAS messages.
(h) Analog cable and digital cable systems with 10,000 or more
subscribers; analog cable and digital cable systems serving 5,000 or
more, but less than 10,000 subscribers per headend; and wireless cable
systems with 5,000 or more subscribers shall transmit EAS audio
messages in the same order specified in paragraph (a) of this section.
The Attention Signal may be produced from a storage device.
Additionally, these analog cable systems, digital cable systems, and
wireless cable systems:
(1) Must install, operate, and maintain equipment capable of
generating the EAS codes. The modulation levels for the EAS codes and
Attention Signal for analog cable systems shall comply with the aural
signal requirements in Sec. 76.605 of this chapter. This will provide
sufficient signal levels to operate subscriber television and radio
receivers equipped with EAS decoders and to audibly alert subscribers.
Wireless cable systems and digital cable systems shall also provide
sufficient signal levels to operate subscriber television and radio
receivers equipped with EAS decoders and to audibly alert subscribers.
(2) Shall transmit the EAS audio message required in paragraph (a)
of this section on all downstream channels.
(3) Shall transmit the EAS visual message on all downstream
channels. The visual message shall contain the Originator, Event,
Location and the valid time period of the EAS message. These are
elements of the EAS header code and are described in Sec. 11.31. If
the visual message is a video crawl, it shall be displayed at the top
of the subscriber's television screen or where it will not interfere
with other visual messages.
(4) May elect not to interrupt EAS messages from broadcast stations
based upon a written agreement between all concerned. Further, analog
cable systems, digital cable systems, and wireless cable systems may
elect not to interrupt the programming of a broadcast station carrying
news or weather related emergency information with state and local EAS
messages based on a written agreement between all parties.
(5) Wireless cable systems and digital cable systems with a
requirement to
[[Page 71036]]
carry the audio and video EAS message on all downstream channels may
comply by using a means on all programmed channels that automatically
tunes the subscriber's set-top box to a pre-designated channel which
carries the required audio and video EAS messages.
(i) Effective December 31, 2006, SDARS licensees shall transmit
national audio EAS messages on all channels in the same order specified
in paragraph (a) of this section.
(1) SDARS licensees must install, operate, and maintain equipment
capable of generating the EAS codes.
(2) SDARS licensees may determine the distribution methods they
will use to comply with this requirement.
(j) Effective May 31, 2007, DBS providers shall transmit national
audio and visual EAS messages on all channels in the same order
specified in paragraph (a) of this section.
(1) DBS providers must install, operate, and maintain equipment
capable of generating the EAS codes.
(2) The visual message shall contain the Originator, Event,
Location and the valid time period of the EAS message. These are
elements of the EAS header code and are described in Sec. 11.31. If
the visual message is a video crawl, it shall be displayed at the top
of the subscriber's television screen or where it will not interfere
with other visual messages.
(3) DBS providers may determine the distribution methods they will
use to comply with this requirement. Such methods may include
distributing the EAS message on all channels, using a means to
automatically tune the subscriber's set-top box to a pre-designated
channel which carries the required audio and video EAS messages, and/or
passing through the EAS message provided by programmers and/or local
channels (where applicable).
(k) If manual interrupt is used as authorized in paragraph (m) of
this section, EAS Encoders must be located so that EAS Participant
staff, at normal duty locations, can initiate the EAS code and
Attention Signal transmission.
(l) EAS Participants that are co-owned and co-located with a
combined studio or control facility, (such as an AM and FM licensed to
the same entity and at the same location or a cable headend serving
more than one system) may provide the EAS transmitting requirements
contained in this section for the combined stations or systems with one
EAS Encoder. The requirements of Sec. 11.32 must be met by the
combined facility.
(m) EAS Participants are required to transmit all received EAS
messages in which the header code contains the Event codes for
Emergency Action Notification (EAN), Emergency Action Termination
(EAT), and Required Monthly Test (RMT), and when the accompanying
location codes include their State or State/county. These EAS messages
shall be retransmitted unchanged except for the LLLLLLLL-code which
identifies the EAS Participant retransmitting the message. See Sec.
11.31(c). If an EAS source originates an EAS message with the Event
codes in this paragraph, it must include the location codes for the
State and counties in its service area. When transmitting the required
weekly test, EAS Participants shall use the event code RWT. The
location codes are the state and county for the broadcast station city
of license or system community or city. Other location codes may be
included upon approval of station or system management. EAS messages
may be transmitted automatically or manually.
(1) Automatic interrupt of programming and transmission of EAS
messages are required when facilities are unattended. Automatic
transmissions must include a permanent record that contains at a
minimum the following information: Originator, Event, Location and
valid time period of the message. The decoder performs the functions
necessary to determine which EAS messages are automatically transmitted
by the encoder.
(2) Manual interrupt of programming and transmission of EAS
messages may be used. EAS messages with the EAN Event code must be
transmitted immediately and Monthly EAS test messages within 60
minutes. All actions must be logged and include the minimum information
required for EAS video messages.
(n) EAS Participants may employ a minimum delay feature, not to
exceed 15 minutes, for automatic interruption of EAS codes. However,
this may not be used for the EAN event which must be transmitted
immediately. The delay time for an RMT message may not exceed 60
minutes.
(o) Either manual or automatic operation of EAS equipment may be
used by EAS Participants that use remote control. If manual operation
is used, an EAS decoder must be located at the remote control location
and it must directly monitor the signals of the two assigned EAS
sources. If direct monitoring of the assigned EAS sources is not
possible at the remote location, automatic operation is required. If
automatic operation is used, the remote control location may be used to
override the transmission of an EAS alert. EAS Participants may change
back and forth between automatic and manual operation.
0
18. Revise Sec. 11.52 to read as follows:
Sec. 11.52 EAS code and Attention Signal Monitoring requirements.
(a) EAS Participants must be capable of receiving the Attention
Signal required by Sec. 11.32(a)(9) and emergency messages of other
broadcast stations during their hours of operation. EAS Participants
must install and operate during their hours of operation, equipment
capable of receiving and decoding, either automatically or manually,
the EAS header codes, emergency messages and EOM code. EAS Participants
must comply with these requirements by the dates set forth in Sec.
11.11.
Note to Paragraph (a): The two-tone Attention Signal will not be
used to actuate two-tone decoders but will be used as an aural alert
signal.
(b) If manual interrupt is used as authorized in Sec. 11.51(m)(2),
decoders must be located so that operators at their normal duty
stations can be alerted immediately when EAS messages are received.
(c) EAS Participants that are co-owned and co-located with a
combined studio or control facility (such as an AM and FM licensed to
the same entity and at the same location or a cable headend serving
more than one system) may comply with the EAS monitoring requirements
contained in this section for the combined station or system with one
EAS Decoder. The requirements of Sec. 11.33 must be met by the
combined facility.
(d) EAS Participants must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook. They
are developed in accordance with FCC monitoring priorities.
(1) If the required EAS sources cannot be received, alternate
arrangements or a waiver may be obtained by written request to the
FCC's EAS office. In an emergency, a waiver may be issued over the
telephone with a follow up letter to confirm temporary or permanent
reassignment.
(2) The management of EAS Participants shall determine which header
codes will automatically interrupt their programming for State and
Local Area emergency situations affecting their audiences.
(e) EAS Participants are required to interrupt normal programming
either automatically or manually when they
[[Page 71037]]
receive an EAS message in which the header code contains the Event
codes for Emergency Action Notification (EAN), Emergency Action
Termination (EAT), and Required Monthly Test (RMT) for their State or
State/county location.
(1) Automatic interrupt of programming is required when facilities
are unattended. Automatic operation must provide a permanent record of
the EAS message that contains at a minimum the following information:
Originator, Event, Location and valid time period of the message.
(2) Manual interrupt of programming and transmission of EAS
messages may be used. EAS messages with the EAN Event code must be
transmitted immediately and Monthly EAS test messages within 60
minutes. All actions must be logged and recorded as specified in
Sec. Sec. 11.35(a) and 11.54(b)(13). Decoders must be programmed for
the EAN and EAT Event header codes for National level emergencies and
the RMT and RWT Event header codes for required monthly and weekly
tests, with the appropriate accompanying State and State/county
location codes.
0
19. Amend Sec. 11.53 by revising paragraphs (a) introductory text and
(c) to read as follows:
Sec. 11.53 Dissemination of Emergency Action Notification.
* * * * *
(a) National Level. The EAN is issued by the White House. The EAN
message is sent from a government origination point to broadcast
stations and other entities participating in the PEP system. It is then
disseminated via EAS Participants.
* * * * *
(c) Analog and digital broadcast stations must, prior to commencing
routine operation or originating any emissions under program test,
equipment test, experimental, or other authorizations, determine
whether the EAS has been activated by monitoring the assigned EAS
sources as specified in their State or Local plan.
0
20. Amend Sec. 11.54 by revising paragraphs (b), (c), (d) and (e) to
read as follows:
Sec. 11.54 EAS operation during a National Level emergency.
* * * * *
(b) Immediately upon receipt of an EAN message, EAS Participants
must:
(1) Monitor the two EAS sources assigned in the State or Local Area
plan or FCC Mapbook for any further instructions. SDARS licensees and
DBS providers may choose their two EAS sources, one of which must be a
PEP station.
(2) Discontinue normal programming and follow the transmission
procedures in the appropriate section of the EAS Operating Handbook.
Announcements may be made in the same language as the primary language
of the EAS Participant.
(i) Key EAS sources (National Primary (NP), Local Primary (LP),
State Primary (SP), State Relay (SR) and Participating National (PN)
sources) follow the transmission procedures and make the announcements
in the National Level Instructions of the EAS Operating Handbook.
(ii) Non-participating National (NN) sources follow the
transmission procedures and make the sign-off announcement in the EAS
Operating Handbook's National Level Instructions section for NN
sources. After the sign-off announcement, NN sources are required to
remove their carriers or services from the air and monitor for the
Emergency Action Termination message. NN sources using automatic
interrupt under Sec. 11.51(m)(1), must transmit the header codes,
Attention Signal, sign-off announcement and EOM code after receiving
the appropriate EAS header codes for a national emergency.
(3) After completing the above transmission procedures, key EAS and
Participating National sources must transmit a common emergency message
until receipt of the Emergency Action Termination Message. Message
priorities are specified in Sec. 11.44. If LP or SR sources of a Local
Area cannot provide an emergency message feed, any source in the Local
Area may elect to provide a message feed. This should be done in an
organized manner as designated in State and Local Area EAS Plans.
(4) The Standby Script shall be used until emergency messages are
available. The text of the Standby Script is in the EAS Operating
Handbook's section for Participating sources.
(5) Analog and digital TV broadcast stations shall display an
appropriate EAS slide and then transmit all EAS announcements visually
and aurally as specified in Sec. Sec. 11.51(a) through (e) and
73.1250(h) of this chapter.
(6) Analog cable systems, digital cable systems, and wireless cable
systems shall transmit all EAS announcements visually and aurally as
specified in Sec. 11.51(g) and (h).
(7) DBS providers shall transmit all EAS announcements visually and
aurally as specified in Sec. 11.51(j).
(8) Announcements may be made in the same language as the primary
language of the EAS participant.
(9) Analog and digital broadcast stations may transmit their call
letters and analog cable systems, digital cable systems and wireless
cable systems may transmit the names of the communities they serve
during an EAS activation. State and Local Area identifications must be
given as provided in State and Local Area EAS plans.
(10) All analog and digital broadcast stations and analog cable
systems, digital cable systems and wireless cable systems operating and
identified with a particular EAS Local Area must transmit a common
national emergency message until receipt of the Emergency Action
Termination.
(11) Analog and digital broadcast stations, except those holding an
EAS Non-participating National Authorization letter, are exempt from
complying with Sec. Sec. 73.62 and 73.1560 of this chapter (operating
power maintenance) while operating under this part.
(12) National Primary (NP) sources must operate under the
procedures in the National Control Point Procedures.
(13) The time of receipt of the EAN and Emergency Action
Termination messages shall be entered by analog and digital broadcast
stations in their logs (as specified in Sec. Sec. 73.1820 and 73.1840
of this chapter), by analog and digital cable systems in their records
(as specified in Sec. 76.1711 of this chapter), by subject wireless
cable systems in their records (as specified in Sec. 21.304 of this
chapter), and by all other EAS Participants in their records as
specified in Sec. 11.35(a).
(c) Upon receipt of an Emergency Action Termination Message, EAS
Participants must follow the termination procedures in the EAS
Operating Handbook.
(d) EAS Participants originating emergency communications under
this section shall be considered to have conferred rebroadcast
authority, as required by section 325(a) of the Communications Act of
1934, 47 U.S.C. 325(a), to other EAS Participants.
(e) During a national level EAS emergency, EAS Participants may
transmit in lieu of the EAS audio feed an audio feed of the President's
voice message from an alternative source, such as a broadcast network
audio feed.
0
21. Amend Sec. 11.55 by revising paragraphs (a), (c) introductory
text, (c)(4) and (c)(7) to read as follows:
Sec. 11.55 EAS operation during a State or Local Area emergency.
(a) The EAS may be activated at the State and Local Area levels by
EAS Participants at their discretion for day-to-day emergency
situations posing a
[[Page 71038]]
threat to life and property. Examples of natural emergencies which may
warrant activation are: Tornadoes, floods, hurricanes, earthquakes,
heavy snows, icing conditions, widespread fires, etc. Man-made
emergencies may include: toxic gas leaks or liquid spills, widespread
power failures, industrial explosions, and civil disorders.
(1) DBS providers shall pass through all EAS messages aired on
local television broadcast stations carried by DBS providers under the
Commission's broadcast signal carriage rules to subscribers receiving
those channels.
(2) SDARS licensees and DBS providers may participate in EAS at the
state and local level and make their systems capable of receiving and
transmitting state and local level EAS messages on all channels. If an
SDARS licensee or DBS provider is not capable of receiving and
transmitting state and local EAS message on all channels, it must
inform its subscribers, on its website and in writing on an annual
basis, of which channels are and are not capable of supplying state and
local messages.
* * * * *
(c) Immediately upon receipt of a State or Local Area EAS message,
EAS Participants participating in the State or Local Area EAS must do
the following:
* * * * *
(4) EAS Participants participating in the State or Local Area EAS
must discontinue normal programming and follow the procedures in the
State and Local Area plans. Analog and digital television broadcast
stations must comply with Sec. 11.54(b)(5); analog cable systems,
digital cable systems, and wireless cable systems must comply with
Sec. 11.54(b)(6); and DBS providers must comply with Sec.
11.54(b)(7). EAS Participants providing foreign language programming
should comply with Sec. 11.54(b)(8).
* * * * *
(7) The times of the above EAS actions must be entered in the EAS
Participants' records as specified in Sec. Sec. 11.35(a) and
11.54(b)(13).
* * * * *
0
22. Revise Sec. 11.61 to read as follows:
Sec. 11.61 Tests of EAS procedures.
(a) EAS Participants shall conduct tests at regular intervals, as
specified in paragraphs (a)(1) and (a)(2) of this section. Additional
tests may be performed anytime. EAS activations and special tests may
be performed in lieu of required tests as specified in paragraph (a)(4)
of this section. All tests will conform with the procedures in the EAS
Operating Handbook.
(1) Required Monthly Tests of the EAS header codes, Attention
Signal, Test Script and EOM code.
(i) Tests in odd numbered months shall occur between 8:30 a.m. and
local sunset. Tests in even numbered months shall occur between local
sunset and 8:30 a.m. They will originate from Local or State Primary
sources. The time and script content will be developed by State
Emergency Communications Committees in cooperation with affected EAS
Participants. Script content may be in the primary language of the EAS
Participant. These monthly tests must be transmitted within 60 minutes
of receipt by EAS Participants in an EAS Local Area or State. Analog
and digital class D non-commercial educational FM and analog and
digital LPTV stations are required to transmit only the test script.
(ii) Effective May 31, 2007, DBS providers must comply with this
section by monitoring a state or local primary source to participate in
testing. Tests should be performed on 10% of all channels monthly
(excluding local-into-local channels for which the monthly transmission
tests are passed through by the DBS provider), with channels tested
varying from month to month, so that over the course of a given year,
100% of all channels are tested.
(2) Required Weekly Tests:
(i) EAS Header Codes and EOM Codes:
(A) Analog and digital AM, FM, and TV broadcast stations must
conduct tests of the EAS header and EOM codes at least once a week at
random days and times. Effective December 31, 2006, DAB stations must
conduct these tests on all audio streams. Effective December 31, 2006,
DTV stations must conduct these tests on all program streams.
(B) Analog cable systems and digital cable systems with 5,000 or
more subscribers per headend and wireless cable systems with 5,000 or
more subscribers must conduct tests of the EAS Header and EOM Codes at
least once a week at random days and times on all programmed channels.
(C) Analog cable systems and digital cable systems serving fewer
than 5,000 subscribers per headend and wireless cable systems with
fewer than 5,000 subscribers must conduct tests of the EAS Header and
EOM Codes at least once a week at random days and times on at least one
programmed channel.
(D) SDARS providers must conduct tests of the EAS Header and EOM
codes at least once a week at random days and times on all channels.
(ii) DBS providers, analog and digital class D non-commercial
educational FM stations, and analog and digital LPTV stations are not
required to transmit this test but must log receipt, as specified in
Sec. Sec. 11.35(a) and 11.54(b)(13).
(iii) The EAS weekly test is not required during the week that a
monthly test is conducted.
(iv) EAS Participants are not required to transmit a video message
when transmitting the required weekly test.
(3) Periodic National Tests. National Primary (NP) sources shall
participate in tests as appropriate. The FCC may request a report of
these tests.
(4) EAS activations and special tests. The EAS may be activated for
emergencies or special tests at the State or Local Area level by an EAS
Participant instead of the monthly or weekly tests required by this
section. To substitute for a monthly test, activation must include
transmission of the EAS header codes, Attention Signal, emergency
message and EOM code and comply with the visual message requirements in
Sec. 11.51. To substitute for the weekly test of the EAS header codes
and EOM codes in paragraph (a)(2)(i) of this section, activation must
include transmission of the EAS header and EOM codes. Analog and
digital television broadcast stations, analog cable systems, digital
cable systems, wireless cable systems, and DBS providers shall comply
with the aural and visual message requirements in Sec. 11.51. Special
EAS tests at the State and Local Area levels may be conducted on daily
basis following procedures in State and Local Area EAS plans.
(b) Entries shall be made in EAS Participant records, as specified
in Sec. Sec. 11.35(a) and 11.54(b)(13).
[FR Doc. 05-23271 Filed 11-23-05; 8:45 am]
BILLING CODE 6712-01-P