[Federal Register: April 16, 2002 (Volume 67, Number 73)]
[Rules and Regulations]
[Page 18502-18512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap02-22]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 01-66; FCC 02-64]
Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends part 11 of the rules to revise the
technical and operational requirements for the Emergency Alert System
(EAS). Many of the amendments are intended to enhance the capabilities
and performance of the EAS during state and local emergencies, which
will promote public safety. This document also amends the EAS rules to
make compliance with the EAS requirements less burdensome for broadcast
stations, cable systems and wireless cable systems and to eliminate
rules which are obsolete or no longer needed.
DATES: Effective May 16, 2002.
FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Enforcement Bureau,
Technical and Public Safety Division, at (202) 418-7454.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), FCC 02-64, in EB Docket No. 01-66, adopted on February
22, 2002, and released on February 26, 2002. The complete text of this
R&O is available for inspection and copying during normal business
hours in the FCC Reference Information Center, 445 12th Street, SW.,
Room CY-A257, Washington, DC, and may be purchased from the
Commission's copy contractor, Qualex International, 445 12th Street,
SW., Room CY-B402, Washington, DC, (202) 863-2893. The complete text
may also be downloaded from the Commission's Internet site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fcc.gov.
I. Synopsis of the Report and Order
1. In this R&O, the Commission amends part 11 of the rules to
revise the technical and operational requirements for the EAS.
Specifically, we amend part 11 to (1) add new state and local event
codes and new location codes; (2) permit broadcast stations and cable
systems to program their EAS equipment to selectively display and log
state and local EAS messages; (3) increase the period within which
broadcast stations and cable systems must retransmit Required Monthly
Tests (RMTs) from 15 to 60 minutes from the time of receipt of the RMT;
(4) revise the minimum required modulation level of EAS codes; (5)
permit broadcast stations to air the audio of a presidential EAS
message from a non-EAS source; (6) eliminate references to the now-
defunct Emergency Action Notification (EAN) network; (7) eliminate the
requirements that international High Frequency (HF) broadcast stations
purchase and install EAS equipment and cease broadcasting immediately
upon receipt of a national-level EAS message; (8) exempt satellite/
repeater broadcast stations which rebroadcast 100% of the programming
of their hub station from the requirement to install EAS equipment; (9)
authorize cable systems serving fewer than 5,000 subscribers to meet
the October 1, 2002 deadline by installing FCC-certified EAS decoders,
to the extent that such decoders may become available, rather than both
encoders and decoders; and (10) provide that low power FM stations need
not install FCC-certified EAS decoders until one year after any such
decoders are certified by the Commission.
2. In March 2001, the Commission issued a Notice of Proposed
Rulemaking (NPRM), 66 FR 16897, March 28, 2001, to seek comment on
various revisions to technical and operational EAS requirements
requested in petitions for rulemaking filed by the NOAA National
Weather Service (NWS) and the Society of Broadcast Engineers. The NPRM
also proposed to revise the EAS rules to eliminate obsolete references
to the EAN network and its participants and to delete the requirement
that international HF broadcast stations purchase and install EAS
equipment.
EAS Codes
3. The R&O amends the part 11 rules to add new state and local
event codes for emergency conditions not covered by the existing rules
and to add new marine area location codes. We agree with commenters
that adding the new event codes and location codes will improve and
expand the capabilities of EAS and thereby promote public safety.
However, we will not require broadcast stations and cable systems to
upgrade their existing EAS equipment to incorporate the new codes.
Rather, we will permit broadcast stations and cable systems to upgrade
their existing EAS equipment to add the new event codes on a voluntary
basis until it is replaced. This approach recognizes that participation
in EAS at the state and local levels is voluntary and that imposing
additional costs or burdens on broadcast stations and cable systems may
have the unintended effect of discouraging voluntary participation in
state and local EAS activities.
4. We will require that all existing and new models of EAS
equipment manufactured after August 1, 2003 be capable of receiving and
transmitting the new event codes and location codes. In addition,
broadcast stations and cable systems which replace their EAS equipment
after February 1, 2004 will be required to install EAS equipment that
is capable of receiving and transmitting the new event codes and
location codes. Thus, after February 1, 2004, broadcast stations and
cable systems may not replace their existing EAS equipment with used
equipment or older models of equipment that has not been upgraded to
incorporate the new codes. This will ensure that all
[[Page 18503]]
broadcast stations and cable systems have the capability to receive and
transmit the new codes when their EAS equipment is replaced.
EAS Equipment
5. The R&O amends part 11 to permit broadcast stations and cable
systems to program their EAS equipment to preselect which EAS messages
containing state and local event codes they wish to display and log. We
agree with commenters that permitting selective logging and displaying
of state and local EAS messages will greatly enhance EAS. It will
relieve EAS participants from the burden of logging unwanted messages,
e.g., messages that do not apply to a participant's service area or
messages concerning events which the participant has decided not to
transmit. Additionally, it will enable NWS to broadcast non-alerting
messages, conduct tests, and perform system administration and control
functions without impacting EAS participants which monitor National
Weather Radio transmissions.
6. Broadcast stations and cable systems may upgrade their existing
EAS equipment to include the selective displaying and logging
capability on an optional basis until the equipment is replaced. All
existing and new models of EAS equipment manufactured after August 1,
2003 must be capable of selectively displaying and logging messages
with state and local event codes. Broadcast stations and cable systems
which replace their EAS equipment after February 1, 2004 must install
EAS equipment that is capable of selectively displaying and logging EAS
messages with state and local event codes. We emphasize that this
selective displaying and logging feature applies only to state and
local events. EAS equipment must continue to display and log all
national EAS messages and all required weekly and monthly tests.
EAS Testing
7. The R&O amends part 11 as proposed in the NPRM to increase the
time for retransmitting RMTs from 15 minutes to 60 minutes from the
time of receipt of the RMTs. We agree with commenters that a longer
relay window will provide EAS participants more flexibility to insert
the RMT message into the program schedule without disruption. Moreover,
we do not believe that increasing the relay window for RMTs will
compromise the ability of the EAS to deliver a real EAS message in a
timely manner.
Modulation Level of EAS Codes
8. The R&O amends the part 11 rules to require that the modulation
level of EAS codes be at the maximum possible level, but in no case
less than 50% of full channel modulation limits. This amendment will
bring the part 11 rules into alignment with the actual modulation
levels currently obtainable by broadcast stations.
Carriage of Audio of Presidential EAS Messages From Non-EAS Sources
9. The R&O amends the part 11 rules to permit broadcast stations to
override the EAS audio feed during a national EAS alert and substitute
an audio feed of the President's message from another source. A number
of commenters pointed out that the quality of the EAS audio feed is far
inferior to the high quality audio network connections available to
most broadcast stations and that it may be difficult or impossible for
television stations to synchronize the EAS audio feed with their video
feeds. We agree with commenters that the public interest will be served
by amending part 11 to allow broadcast stations to provide the highest
quality audio available to them during a national emergency. Because
National Primary broadcast stations will still be required to relay all
national EAS messages in accordance with Sec. 11.51 of the rules, this
amendment will not compromise the integrity of the EAS system or
prevent those broadcast stations that do not have access to alternative
audio feeds from transmitting presidential EAS messages to the public.
We emphasize, however, that broadcast stations may not delay the
transmission of national EAS messages in order to substitute
alternative audio feeds. Rather, broadcast stations must continue to
transmit all national EAS messages immediately upon receipt.
EAN Network
10. The R&O amends part 11 as proposed in the NPRM to eliminate all
references the now-defunct EAN network and its participants.
Previously, the EAN network was one of two networks used to distribute
national emergency messages from the federal government. FEMA phased
out the EAN network in 1995 in accordance with a presidential
directive.
International HF Broadcast Stations
11. The R&O amends part 11 as proposed in the NPRM to eliminate the
requirement that international HF broadcast stations purchase and
install EAS equipment and to remove Sec. 11.54(b)(9), which requires
international HF broadcast stations to cease broadcasting immediately
upon receipt of a national-level EAS message and remain off the air
until they receive an EAS message terminating the activation. In 1996,
after concluding that the technical and political concerns which gave
rise to the requirements of Sec. 11.54(b)(9) are no longer relevant,
Commission staff granted a request by the National Association of
Shortwave Broadcasters, Inc., to exempt all FCC licensed international
HF broadcast stations from the requirement to purchase and install EAS
equipment.
Waiver Requests
12. Several parties filed comments seeking waivers of the EAS
rules. The Public Broadcasters, a group of public universities, public
broadcasters and government or non-profit entities operating
noncommercial educational radio and television stations, requested
permanent waivers of the requirement to install EAS equipment for
satellite/repeater stations which rebroadcast 100% of the programming
of their lead or hub station. The Commission staff has granted
permanent waivers of the requirement to install EAS equipment for
satellite/repeater stations that rebroadcast 100% of the programming of
their hub station and are located in the same local EAS area as the hub
station, but has granted only temporary waivers where the satellite/
repeater stations are outside the hub station's local EAS area. The
Public Broadcasters argued that these temporary waivers should be made
permanent because they can comply with the requirements and intent of
the EAS rules without incurring the additional costs and burdens of
installing EAS equipment at each of the satellite/repeater stations.
13. The R&O amends the part 11 rules to exempt satellite/repeater
stations which rebroadcast 100% of the programming of their hub station
from the requirement to install EAS equipment. Specifically, we will
consider the use of a single set of EAS equipment at a hub station (or
common studio/control point where there is no hub station) to satisfy
the EAS obligations of the satellite/repeater stations which
rebroadcast 100% of the hub station's programming. The satellite/
repeater stations will comply with the requirement to transmit all
national EAS alerts because all national alerts will be passed through
from the hub station. In addition, we acknowledge that it may be
unnecessarily burdensome for the governmental and educational
institutions operating these satellite/repeater stations to incur the
substantial
[[Page 18504]]
cost of installing EAS equipment at each such satellite/repeater
station for the sole purpose of being able to transmit state and local
EAS alerts, which are voluntary under our rules. Furthermore, only a
small number of broadcast stations will be eligible for this exemption.
14. Two commenters requested waivers or other relief involving the
use of EAS decoders. The National Cable and Telecommunications
Association, Telecommunications for the Deaf, Inc. and the National
Association for the Deaf jointly requested a waiver which would allow
cable systems serving fewer than 5,000 subscribers per headend to
comply with the EAS rules by installing a decoder only, rather than
both an encoder and a decoder. Cable systems serving fewer than 5,000
subscribers are required to install encoders and decoders by October 1,
2002. Media Access Project requested a temporary blanket waiver of the
requirement that LPFM stations install FCC-certified EAS decoders or,
alternatively, suggested that the Commission could authorize LPFM
stations to install non-FCC-certified decoders or change the
certification criteria for EAS decoders. On November 30, 2001, the
Commission staff issued a public notice, 66 FR 63544, December 7, 2001,
to solicit supplemental comment on these requests. The commenters
confirmed that there are currently no FCC-certified decoder-only units
available. However, one equipment manufacturer indicated that if the
Commission authorizes small cable systems to comply with the EAS rules
by installing a decoder only, it plans to submit a decoder-only system
for certification in the first quarter of 2002.
15. We will amend the part 11 rules to permit cable systems and
wireless cable systems serving fewer than 5,000 subscribers to use an
FCC-certified decoder, if such a device becomes available by October 1,
2002, in lieu of an encoder/decoder unit. If FCC-certified decoders are
not available by the October 1, 2002 compliance deadline, cable systems
and wireless cable systems serving fewer than 5,000 subscribers will
continue to be required to comply with the EAS rules by installing an
encoder/decoder unit. We agree with commenters that authorizing the use
of decoder-only units will, to the extent that such decoders may become
available at a lower price than encoder/decoder units, benefit the
public by reducing costs for small cable systems in meeting the October
1, 2002 compliance deadline. However, we also think that it is
important that EAS decoders have the capability to store and forward
EAS messages or to automatically pass through EAS messages.
Accordingly, we will not relax the certification requirements for EAS
decoders. In order to receive FCC certification, EAS decoders will be
required to satisfy all of the existing requirements for decoders set
forth in Sec. 11.33 of the rules. Small cable systems which opt to
install decoder-only units will not be able to originate EAS messages
or generate Required Weekly Tests (RWTs), but they will be able to pass
through EAS messages and accomplish Required Weekly Testing by
forwarding a received RWT. Thus, we do not believe that permitting
small cable systems to install decoder-only units will compromise or
diminish the EAS system.
16. We will also grant a temporary exemption to LPFM licensees of
the requirement to install FCC-certified decoders. Specifically, we
will amend the part 11 rules to provide that LPFM stations need not
install EAS decoders until one year after the Commission publishes in
the Federal Register a public notice indicating that at least one EAS
decoder has been certified. In the LPFM proceeding, 65 FR 7616,
February 15, 2000, the Commission concluded that LPFM stations should
be required to participate in EAS by installing EAS decoders only,
rather than combined encoder/decoder units. We reasoned that this
modified EAS requirement would balance the cost of compliance, the
ability of LPFM stations to meet that cost, and the needs of the
listening public to be alerted in emergency situations. While we
anticipated that FCC-certified decoders would become available for
under $1,000 in the near future, we stated that if certified decoder
equipment is not available when the first LPFM stations go on the air,
we can grant a temporary exemption for LPFM stations until such time as
it is reasonably available. Several LPFM stations have recently begun
operating. Since certified EAS decoders have not reached the market as
quickly as we expected, we find that it is appropriate to grant LPFM
licensees a temporary exemption of the requirement to install certified
decoders.
II. Administrative Matters
Final Regulatory Flexibility Analysis
17. This is a summary of the Final Regulatory Flexibility Analysis
(FRFA) in the R&O. The full text of the FRFA can be found in Appendix C
of the R&O.
18. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), 5 U.S.C. 601 et seq., an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated into the NPRM in EB Docket No. 01-66.
The Commission sought written public comments on the proposals in the
NPRM, including comments on the IRFA. No comments were filed in direct
response to the IRFA. This FRFA conforms to the RFA.
19. Need for, and Objectives of, the Report and Order. This R&O
amends the technical and operational requirements for the EAS. Many of
the amendments adopted in this R&O are intended to enhance the
capabilities and performance of the EAS during state and local
emergencies, which will promote public safety. In addition, the R&O
amends the EAS rules to make compliance with the EAS requirements less
burdensome for broadcast stations, cable systems and wireless cable
systems. This R&O also eliminates rules which are obsolete or no longer
needed.
20. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were filed in direct response to the
IRFA. The Commission, however, has considered the potential impact of
the rules proposed in the NPRM on small entities and has reduced the
compliance burden for broadcast stations and cable systems as discussed
in the R&O.
21. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply. 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) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). A small organization is generally
``any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.'' Nationwide, as of 1992,
there were approximately 275,801 small organizations. ``Small
governmental jurisdiction'' generally means ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than 50,000.'' As of 1992, there
were approximately 85,006 such jurisdictions in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or 96
[[Page 18505]]
percent, have populations of fewer than 50,000. The Census Bureau
estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the 85,006 governmental entities, we
estimate that 81,600 (91 percent) are small entities.
22. Television and radio stations. The rules adopted in this R&O
will apply to television broadcasting licensees and radio broadcasting
licensees. The SBA defines a television broadcasting station that has
$10.5 million or less in annual receipts as a small business.
Television broadcasting stations consist of establishments primarily
engaged in broadcasting visual programs by television to the public,
except cable and other pay television services. Included in this
industry are commercial, religious, educational, and other television
stations. Also included are establishments primarily engaged in
television broadcasting and which produce taped television program
materials. Separate establishments primarily engaged in producing taped
television program materials are classified under another NAICS code.
There were 1,509 television stations operating in the nation in 1992.
As of September 30, 2001, Commission records indicate that 1,686
television broadcasting stations were operating, approximately 1,298 of
which are considered small businesses. For 1992, the number of
television stations that produced less than $10.0 million in revenue
was 1,155 establishments.
23. The SBA defines a radio broadcasting station that has $5
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 code. The 1992 Census
indicates that 96 percent (5,861 of 6,127) radio station establishments
produced less than $5 million in revenue in 1992. Commission records
indicate that 11,334 individual radio stations were operating in 1992.
As of September 30, 2001, Commission records indicate that 13,012 radio
stations were operating, approximately 12,550 of which are considered
small businesses.
24. Thus, the rules may affect approximately 1,686 full power
television stations, approximately 1,298 of which are considered small
businesses. Additionally, the proposed rules may affect some 13,012
full power radio stations, approximately 12,550 of which are small
businesses. These estimates may overstate the number of small entities
because the revenue figures on which they are based do not include or
aggregate revenues from non-television or non-radio affiliated
companies. There are also 2,396 low power television (LPTV) stations.
Given the nature of this service, we will presume that all LPTV
licensees qualify as small entities under the SBA definition.
25. Cable systems. The rules adopted in this proceeding will also
affect small cable entities. The SBA has developed a definition of
small entities for ``Cable and Other Program Distribution Services,''
which includes all such companies generating $11 million or less in
revenue annually. This definition includes cable system operators,
closed circuit television services, direct broadcast satellite
services, multipoint distribution systems, satellite master antenna
systems and subscription television services. According to Census
Bureau data from 1992, there were 1,788 total cable and other program
distribution services and 1,423 had less than $11 million in revenue.
26. The Commission has developed its own definition of a ``small
cable system'' for purposes of the EAS rules. Cable systems serving
fewer than 10,000 subscribers per headend are considered small cable
systems and are afforded varying degrees of relief from the EAS rules.
Based on our most recent information, we estimate that there are 8,552
cable systems that serve fewer than 10,000 subscribers per headend.
Consequently, we estimate that there are fewer than 8,552 small cable
systems that may be affected by the rules adopted herein.
27. The Communications Act also contains a definition of a small
cable system operator, 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, we found that 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 of its affiliates, do not exceed $250 million in the
aggregate. Based on available data, we find that the number of cable
operators serving 677,000 subscribers or less totals 1,450. We do not
request nor do we collect information concerning whether cable system
operators are affiliated with entities whose gross annual revenues
exceed $250,000,000, and thus are unable at this time to estimate with
greater precision the number of cable system operators that would
qualify as small cable operators under the definition in the
Communications Act.
28. Wireless cable systems. The rules adopted in this R&O will also
apply to wireless cable systems, which include Multipoint Distribution
Service and Multichannel Multipoint Distribution Service stations
(collectively, MDS) and Instructional Television Fixed Service (ITFS)
stations. 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, we estimate that of the 61
small business MDS auction winners, 48 remain small business licensees.
29. MDS also includes licensees of stations authorized prior to the
auction. As noted, the SBA has developed a definition of small entities
for program distribution services, which includes all such companies
generating $11 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, we find that
there are approximately 440 small MDS providers as defined by the SBA
and the Commission's auction rules which may be affected by the rules
adopted in this proceeding.
30. The SBA definition of small entities for program distribution
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, we do not collect annual revenue data for
ITFS licensees, and are not able to ascertain how many of the 100 non-
educational licensees would be
[[Page 18506]]
categorized as small under the SBA definition. Thus, we find that at
least 1,932 ITFS are small businesses and may be affected by the rules
adopted herein.
31. Description of Reporting, Recordkeeping, and Other Compliance
Requirements. The rules adopted in this R&O impose no new reporting,
recordkeeping or compliance requirements on broadcast stations and
cable systems, including wireless cable systems. This R&O adopts a
number of new EAS event codes and location codes which may be used by
broadcast stations and cable systems that participate voluntarily in
state and local EAS activities. Broadcast stations and cable systems
will not be required to upgrade their existing EAS equipment to add
these new event and location codes. Rather, they may upgrade their
existing EAS equipment to add these new codes on a voluntary basis
until the equipment is replaced. All existing and new models of EAS
equipment manufactured after August 1, 2003 will be required to be
capable of receiving and transmitting these new codes.
32. The R&O also makes revisions to the EAS rules which will reduce
compliance burdens on broadcast stations and cable systems. The revised
rules permit broadcast stations and cable systems to modify their
existing EAS equipment to selectively display and log EAS messages that
contain state and local event codes. This selectively displaying and
logging feature will relieve broadcast stations and cable systems from
the burden of logging unwanted EAS messages, e.g., messages that do not
apply to their service area or messages concerning events which they
have decided not to transmit. In addition, the revised rules increase
the period within which broadcast stations and cable systems must
retransmit the Required Monthly Test (RMT) from 15 minutes to 60
minutes. This revision will provide broadcast stations and cable
systems, including smaller stations and systems, more flexibility to
insert the RMT message into their program schedules without disrupting
programming. Additionally, the rules are revised to require that the
modulation level of EAS codes be at the maximum possible level, but in
no case less than 50% of full channel modulation limits. This revision
brings the EAS rules into alignment with the modulation levels
currently obtainable by broadcast stations.
33. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four
alternatives (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 or
reporting requirements under the rule for small entities; (3) the use
of performance rather than design standards; and (4) an exemption from
coverage of the rule, or any part thereof, for such small entities.
34. The R&O reduces compliance requirements for small entities by
exempting satellite/repeater broadcast stations which rebroadcast 100%
of the programming of their hub station from the requirement to install
EAS equipment; authorizing cable systems and wireless cable systems
serving fewer than 5,000 subscribers to meet the October 1, 2002
compliance deadline by installing certified EAS decoders, if such
decoders become available, rather than both encoders and decoders; and
delaying the requirement that LPFM stations install certified EAS
decoders until one year after the Commission publishes in the Federal
Register a public notice indicating that at least one decoder has been
certified.
35. In adopting new event codes and location codes in this R&O, we
took into account concerns raised by commenters that a requirement to
update existing EAS equipment to add the new codes could impose a
financial burden on some broadcast stations and cable systems,
particularly smaller entities. We therefore declined to require
broadcast stations and cable systems to upgrade existing EAS equipment
to add the new codes. Instead, we opted to permit them to upgrade their
existing equipment on a voluntary basis until the equipment is
replaced. We believe that this approach promotes public safety by
enhancing state and local EAS without imposing additional costs or
burdens on broadcast stations and cable systems that may have the
undesired effect of reducing voluntary participation in state and local
EAS activities. In addition, we declined to adopt several other
proposals, including a proposal to revise several existing event codes,
due to concerns that they would impose substantial costs on broadcast
stations and cable systems.
Final Paperwork Reduction Act Analysis
36. This R&O does not contain any new or modified information
collection. Therefore, it is not subject to the requirements for a
paperwork reduction analysis, and the Commission has not performed one.
Ordering Clauses
37. Pursuant to the authority contained in sections 1, 4(i) and
(o), 303(r), 624(g) and 706 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) and (o), 303(r), 554(g) and 606, part 11
of the Commission's rules, 47 CFR part 11, is amended.
38. The Commission's Consumer and Government Affairs Bureau,
Reference Information Center, shall send a copy of this R&O, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with the
Regulatory Flexibility Act.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
1. The authority citation for Part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
2. Section 11.11 is amended by revising the three tables in
paragraph (a) and revising paragraph (b) to read as follows:
Sec. 11.11 The Emergency Alert System (EAS).
(a) ***
[[Page 18507]]
Broadcast Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAS Equipment requirement AM & FM TV FM Class D LPTV \1\ LPFM \2\ Class A TV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone encoder \3\ \4\..... Y Y N N N Y
EAS decoder.................. Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/1/97 Y Y
EAS encoder.................. Y 1/1/97 Y 1/1/97 N N N Y
Audio message................ Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/1/97 Y Y
Video message................ N/A Y 1/1/97 N/A Y 1/1/97 N/A Y
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment.
\2\ 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.
\3\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\4\ 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.
Cable Systems
[A. 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 cable systems must comply with B.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
System size and effective dates
-----------------------------------------------------------------------------------------------------------------
B. EAS Equipment Requirement 5,000 but 10,000
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
\1\.
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\ 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.
Wireless Cable Systems (MDS/MMS/ITFS 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 5,000subscribers
----------------------------------------------------------------------------------------------------------------
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 all channels. Y 10/1/02 N
Video interrupt and audio alert message on N Y 10/1/02
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\ Wireless 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 services such as Internet.
(b) Class D non-commercial educational FM stations as defined in
Sec. 73.506, LPFM stations as defined in Secs. 73.811 and 73.853, and
LPTV stations as defined in Sec. 74.701(f) are not required to comply
with Sec. 11.32. 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 broadcast stations as defined in Sec. 73.701 of this
chapter are not required to comply with the requirements of this part.
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% 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 Secs. 11.32 and
11.33.
* * * * *
3. Revise Sec. 11.14 to read as follows:
[[Page 18508]]
Sec. 11.14 Primary Entry Point (PEP) System.
The PEP system is a nationwide network of broadcast stations and
other entities connected with government activation points. It is used
to distribute the EAN, EAT and EAS national test messages, and other
EAS messages.
4. Section 11.16 is amended by revising the introductory text to
read as follows:
Sec. 11.16 National Control Point Procedures.
The National Control Point Procedures are written instructions
issued by the FCC to national level EAS control points. The procedures
are divided into sections as follows:
* * * * *
5. Section 11.31 is amended by revising paragraphs (c), (d), (e)
and (f) as follows:
Sec. 11.31 EAS Protocol.
* * * * *
(c) The EAS protocol, including any codes, must not be amended,
extended or abridged without FCC authorization. The EAS protocol and
message format are specified in the following representation.
Examples are provided in FCC Public Notices.
[PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-(one second
pause)
[PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-(one second
pause)
[PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-(at least a one
second pause)
(transmission of 8 to 25 seconds of Attention Signal)
(transmission of audio, video or text messages)
(at least a one second pause)
[PREAMBLE]NNNN (one second pause)
[PREAMBLE]NNNN (one second pause)
[PREAMBLE]NNNN (at least one second pause)
[PREAMBLE] This is a consecutive string of bits (sixteen bytes of
AB hexadecimal [8 bit byte 10101011]) sent to clear the system, set AGC
and set asynchronous decoder clocking cycles. The preamble must be
transmitted before each header and End Of Message code.
ZCZC--This is the identifier, sent as ASCII characters ZCZC to
indicate the start of ASCII code.
ORG--This is the Originator code and indicates who originally
initiated the activation of the EAS. These codes are specified in
paragraph (d) of this section.
EEE--This is the Event code and indicates the nature of the EAS
activation. The codes are specified in paragraph (e) of this section.
The Event codes must be compatible with the codes used by the NWS
Weather Radio Specific Area Message Encoder (WRSAME).
PSSCCC--This the Location code and indicates the geographic area
affected by the EAS alert. There may be 31 Location codes in an EAS
alert. The Location code uses the Federal Information Processing
Standard (FIPS) numbers as described by the U.S. Department of Commerce
in National Institute of Standards and Technology publication FIPS PUB
6-4. Each state is assigned an SS number as specified in paragraph (f)
of this section. Each county and some cities are assigned a CCC number.
A CCC number of 000 refers to an entire State or Territory. P defines
county subdivisions as follows: 0 = all or an unspecified portion of a
county, 1 = Northwest, 2 = North, 3 = Northeast, 4 = West, 5 = Central,
6 = East, 7 = Southwest, 8 = South, 9 = Southeast. Other numbers may be
designated later for special applications. The use of county
subdivisions will probably be rare and generally for oddly shaped or
unusually large counties. Any subdivisions must be defined and agreed
to by the local officials prior to use.
+TTTT--This indicates the valid time period of a message in 15
minute segments up to one hour and then in 30 minute segments beyond
one hour; i.e., +0015, +0030, +0045, +0100, +0430 and +0600.
JJJHHMM--This is the day in Julian Calendar days (JJJ) of the year
and the time in hours and minutes (HHMM) when the message was initially
released by the originator using 24 hour Universal Coordinated Time
(UTC).
LLLLLLLL--This is the identification of the broadcast station,
cable system, MDS/MMDS/ITFS station, NWS office, etc., transmitting or
retransmitting the message. These codes will be automatically affixed
to all outgoing messages by the EAS encoder.
NNNN--This is the End of Message (EOM) code sent as a string of
four ASCII N characters.
(d) The only originator codes are:
------------------------------------------------------------------------
Originator ORG Code
------------------------------------------------------------------------
Broadcast station or cable system.......... EAS
Civil authorities.......................... CIV
National Weather Service................... WXR
Primary Entry Point System................. PEP
------------------------------------------------------------------------
(e) The following Event (EEE) codes are presently authorized:
------------------------------------------------------------------------
Nature of Activation Event Codes
------------------------------------------------------------------------
National Codes (Required):
Emergency Action Notification (National EAN
only).
Emergency Action Termination (National EAT
only).
National Information Center................ NIC
National Periodic Test..................... NPT
Required Monthly Test...................... RMT
Required Weekly Test....................... RWT
State and Local Codes (Optional):
Administrative Message..................... ADR
Avalanche Warning.......................... AVW\1\
Avalanche Watch............................ AVA\1\
Blizzard Warning........................... BZW
Child Abduction Emergency.................. CAE\1\
Civil Danger Warning....................... CDW\1\
Civil Emergency Message.................... CEM
[[Page 18509]]
Coastal Flood Warning...................... CFW\1\
Coastal Flood Watch........................ CFA\1\
Dust Storm Warning......................... DSW\1\
Earthquake Warning......................... EQW\1\
Evacuation Immediate....................... EVI
Fire Warning............................... FRW\1\
Flash Flood Warning........................ FFW
Flash Flood Watch.......................... FFA
Flash Flood Statement...................... FFS
Flood Warning.............................. FLW
Flood Watch................................ FLA
Flood Statement............................ FLS
Hazardous Materials Warning................ HMW\1\
High Wind Warning.......................... HWW
High Wind Watch............................ HWA
Hurricane Warning.......................... HUW
Hurricane Watch............................ HUA
Hurricane Statement........................ HLS
Law Enforcement Warning.................... LEW\1\
Local Area Emergency....................... LAE\1\
Network Message Notification............... NMN\1\
911 Telephone Outage Emergency............. TOE\1\
Nuclear Power Plant Warning................ NUW\1\
Practice/Demo Warning...................... DMO
Radiological Hazard Warning................ RHW\1\
Severe Thunderstorm Warning................ SVR
Severe Thunderstorm Watch.................. SVA
Severe Weather Statement................... SVS
Shelter in Place Warning................... SPW\1\
Special Marine Warning..................... SMW\1\
Special Weather Statement.................. SPS
Tornado Warning............................ TOR
Tornado Watch.............................. TOA
Tropical Storm Warning..................... TRW\1\
Tropical Storm Watch....................... TRA\1\
Tsunami Warning............................ TSW
Tsunami Watch.............................. TSA
Volcano Warning............................ VOW\1\
Winter Storm Warning....................... WSW
Winter Storm Watch......................... WSA
------------------------------------------------------------------------
\1\ Effective May 16, 2002, broadcast stations, 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.
Broadcast stations, cable systems and wireless cable systems which
replace their EAS equipment after February 1, 2004 must install
equipment that is capable of receiving and transmitting these event
codes.
(f) The State, Territory and Offshore (Marine Area) FIPS number
codes (SS) are as follows. County FIPS numbers (CCC) are contained in
the State EAS Mapbook.
------------------------------------------------------------------------
Offshore (Marine Areas)\1\ FIPS#
------------------------------------------------------------------------
Eastern North Pacific Ocean, and along U.S. West Coast from 57
Canadian border to Mexican border.........................
North Pacific Ocean near Alaska, and along Alaska 58
coastline, including the Bering Sea and the Gulf of Alaska
Central Pacific Ocean, including Hawaiian waters........... 59
South Central Pacific Ocean, including American Samoa 61
waters....................................................
Western Pacific Ocean, including Mariana Island waters..... 65
Western North Atlantic Ocean, and along U.S. East Coast, 73
from Canadian border south to Currituck Beach Light, N.C..
Western North Atlantic Ocean, and along U.S. East Coast, 75
south of Currituck Beach Light, N.C., following the
coastline into Gulf of Mexico to Bonita Beach, FL.,
including the Caribbean...................................
Gulf of Mexico, and along the U.S. Gulf Coast from the 77
Mexican border to Bonita Beach, FL........................
Lake Superior.............................................. 91
Lake Michigan.............................................. 92
Lake Huron................................................. 93
Lake St. Clair............................................. 94
Lake Erie.................................................. 96
Lake Ontario............................................... 97
St. Lawrence River above St. Regis......................... 98
------------------------------------------------------------------------
\1\ Effective May 16, 2002, broadcast stations, 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. Broadcast stations, cable systems and
wireless cable systems which replace their EAS equipment after
February 1, 2004 must install equipment that is capable of receiving
and transmitting these location codes.
[[Page 18510]]
6. Section 11.33 is amended by revising paragraphs (a)(3)(ii) and
(a)(4) to read as follows:
Sec. 11.33 EAS Decoder.
(a) * * *
(3) ***
(ii) Store at least ten preselected event and originator header
codes, in addition to the seven mandatory event/originator codes for
tests and national activations, and store any preselected location
codes for comparison with incoming header codes. A non-preselected
header code that is manually transmitted must be stored for comparison
with later incoming header codes. The header codes of the last ten
received valid messages which still have valid time periods must be
stored for comparison with the incoming valid header codes for later
messages. These last received header codes will be deleted from storage
as their valid time periods expire.
(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 broadcast station or cable system 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, broadcast stations, 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. Broadcast stations,
cable systems and wireless cable systems which 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.
* * * * *
7. Section 11.34 is amended by adding paragraphs (f) and (g) to
read as follows:
Sec. 11.34 Acceptability of the equipment.
* * * * *
(f) Modifications to existing authorized EAS decoders, encoders or
combined units necessary to implement the new EAS codes specified in
Sec. 11.31 and to implement the selective displaying and logging
feature specified in Sec. 11.33(a)(4) will be considered Class I
permissive changes that do not require a new application for and grant
of equipment certification under part 2, subpart J of this chapter.
(g) All existing and new models of EAS encoders, decoders and
combined units manufactured after August 1, 2003 must be capable of
generating and detecting the new EAS codes specified in Sec. 11.31 in
order to be certified under part 2, subpart J of this chapter. All
existing and new models of EAS decoders and combined units manufactured
after August 1, 2003 must have the selective displaying and logging
capability specified in Sec. 11.33(a)(4) in order to be certified under
part 2, subpart J of this chapter.
8. Section 11.42 is amended by revising the first sentence of
paragraph (c) to read as follows:
Sec. 11.42 Participation by communications common carriers.
* * * * *
(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
participating radio networks, television networks and cable networks
and program suppliers.* * *
* * * * *
9. Section 11.43 is revised to read as follows:
Sec. 11.43 National level participation.
Entities that wish to voluntarily participate in the national level
EAS may submit a written request to the Chief, Technical and Public
Safety Division, Enforcement Bureau.
10. Section 11.51 is amended by revising paragraphs (f), (k)(2) and
(l) to read as follows:
Sec. 11.51 EAS code and Attention Signal Transmission requirements.
* * * * *
(f) Broadcast station equipment generating the EAS codes and the
Attention Signal shall modulate a broadcast station transmitter so that
the signal broadcast to other broadcast stations and cable systems and
wireless cable systems 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.
* * * * *
(k) * * *
(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.
(l) Broadcast stations and cable systems and wireless cable systems
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.
* * * * *
11. Section 11.52 is amended by revising paragraph (e)(2) to read
as follows:
Sec. 11.52 EAS code and Attention Signal Monitoring requirements.
* * * * *
(e) * * *
(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. 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.
12. Section 11.53 is amended by revising paragraphs (a) 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:
(1) Radio and television broadcast stations.
(2) Cable systems and wireless cable systems.
[[Page 18511]]
(3) Other entities voluntarily participating in EAS.
* * * * *
(c) 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.
13. Section 11.54 is amended by revising paragraph (b) and adding
paragraph (e) to read as follows:
Sec. 11.54 EAS operation during a National Level emergency.
* * * * *
(b) Immediately upon receipt of an EAN message, broadcast stations
and cable systems and wireless cable systems must:
(1) Monitor the two EAS sources assigned in the State or Local Area
plan or FCC Mapbook for any further instructions.
(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 station.
(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 from the air and monitor for the Emergency Action
Termination message. NN sources using automatic interrupt under
Sec. 11.51(k)(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) TV broadcast stations shall display an appropriate EAS slide
and then transmit all EAS announcements visually and aurally as
specified in Sec. 73.1250(h) of this chapter.
(6) Cable systems and wireless cable systems shall transmit all EAS
announcements visually and aurally as specified in Sec. 11.51(g) and
(h).
(7) Announcements may be made in the same language as the primary
language of the station.
(8) Broadcast stations may transmit their call letters and 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.
(9) All broadcast stations and 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.
(10) Broadcast stations, except those holding an EAS Non-
participating National Authorization letter, are exempt from complying
with Secs. 73.62 and 73.1560 of this chapter (operating power
maintenance) while operating under this part.
(11) National Primary (NP) sources must operate under the
procedures in the National Control Point Procedures.
(12) The time of receipt of the EAN and Emergency Action
Termination messages shall be entered by broadcast stations in their
logs (as specified in Secs. 73.1820 and 73.1840 of this chapter), by
cable systems in their records (as specified in Sec. 76.305 of this
chapter), and by subject wireless cable systems in their records (as
specified in Sec. 21.304 of this chapter).
* * * * *
(e) During a national level EAS emergency, broadcast stations 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.
14. Section 11.55 is amended by revising paragraphs (c)(4) and
(c)(7) to read as follows:
Sec. 11.55 EAS operation during a State or Local Area emergency.
* * * * *
(c) * * *
(4) Broadcast stations, cable systems and wireless cable systems
participating in the State or Local Area EAS must discontinue normal
programming and follow the procedures in the State and Local Area
plans. Television stations must comply with Sec. 11.54(b)(5) and cable
systems and wireless cable systems must comply with Sec. 11.54(b)(6).
Broadcast stations providing foreign language programming shall comply
with Sec. 11.54(b)(7).
* * * * *
(7) The times of the above EAS actions must be entered in the
broadcast station, cable system or wireless cable system records as
specified in Sec. 11.54(b)(12).
* * * * *
15. Section 11.61 is revised to read as follows:
Sec. 11.61 Tests of EAS procedures.
(a) Tests shall be made at regular intervals as indicated 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) Effective January 1, 1997, AM, FM and TV stations.
(ii) Effective October 1, 2002, cable systems with fewer than 5,000
subscribers per headend.
(iii) Effective December 31, 1998, cable systems with 10,000 or
more subscribers; and effective October 1, 2002, cable systems serving
5,000 or more, but less than 10,000 subscribers per headend.
(iv) Effective October 1, 2002, all wireless cable systems.
(v) 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
broadcast stations, cable systems, wireless cable systems, and other
participants. Script content may be in the primary language of the
broadcast station or cable system. These monthly tests must be
transmitted within 60 minutes of receipt by broadcast stations and
cable systems and wireless cable systems in an EAS Local Area or State.
Class D non-commercial educational FM
[[Page 18512]]
and LPTV stations are required to transmit only the test script.
(2) Required Weekly Tests:
(i) EAS Header Codes and EOM Codes:
(A) Effective January 1, 1997, AM, FM and TV stations must conduct
tests of the EAS header and EOM codes at least once a week at random
days and times.
(B) Effective December 31, 1998, cable systems with 10,000 or more
subscribers per headend 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) Effective October 1, 2002, cable systems serving fewer than
5,000 subscribers per headend 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) Effective October 1, 2002, the following cable systems and
wireless cable systems must conduct tests of the EAS header and EOM
codes at least once a week at random days and times on all programmed
channels:
(1) Cable systems serving 5,000 or more, but less than 10,000
subscribers per headend; and,
(2) Wireless cable systems with 5,000 or more subscribers.
(E) Effective October 1, 2002, the following cable systems and
wireless cable systems 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:
(1) Cable systems with fewer than 5,000 subscribers per headend;
and,
(2) Wireless cable systems with fewer than 5,000 subscribers.
(ii) Class D non-commercial educational FM and LPTV stations are
not required to transmit this test but must log receipt.
(iii) The EAS weekly test is not required during the week that a
monthly test is conducted.
(iv) TV stations, cable television systems and wireless cable
systems 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 a
broadcast station, cable system or wireless cable system 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 (2)(i)
of this section, activation must include transmission of the EAS header
and EOM codes. Television stations and cable systems and wireless cable
systems 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 broadcast station and cable system and
wireless cable system records as specified in Sec. 11.54(b)(12).
Sec. 11.62 [Removed]
16. Remove Sec. 11.62.
[FR Doc. 02-8557 Filed 4-15-02; 8:45 am]
BILLING CODE 6712-01-P