[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31317]


[Federal Register: December 28, 1994]


_______________________________________________________________________

Part V





Federal Communications Commission





_______________________________________________________________________



47 CFR Part 0 et al.



Emergency Broadcast System, Final Rules and Proposed Rule
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 11, 73, and 76

[FO Docket No. 91-171/91-301, FCC 94-288]


Emergency Broadcast System

AGENCY: Federal Communications Commission.

ACTION: Final rules.

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SUMMARY: This Report and Order replaces the current Emergency Broadcast 
System (EBS) with an Emergency Alert System (EAS) to alert the public 
of emergencies. This Report and Order requires broadcast stations and 
many cable TV systems to participate, creates a new generation of 
alerting equipment and streamlines operational procedures for system 
participants. Furthermore, the R&O removes the Part of the FCC's rules 
concerning EBS in its entirety and incorporates it into a new Part of 
the FCC's Code of Federal Regulations. The purpose of the rules in this 
part is to prescribe how communication services such as broadcasting, 
cable, and other public service providers will function under the 
technical standards and operational procedures of the new System.

EFFECTIVE DATE: January 27, 1995.

FOR FURTHER INFORMATION CONTACT:
Dr. Helena Mitchell or Frank Lucia, Compliance and Information Bureau, 
(202) 418-1220.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order in FO Docket 91-171/91-301, adopted November 10, 1994, 
and released December 9, 1994.
    The full text of this Commission Report and Order, which is in the 
same document as a Further Notice of Proposed Rulemaking, is available 
for inspection and copying during normal business hours in the FCC's 
Public Reference Center (Room 239), 1919 M Street, NW., Washington, DC 
20554. The complete text of the Report and Order also may be purchased 
from the Commission's duplication contractor, International 
Transcription Services, Inc., 2100 M Street, NW., Suite 140, 
Washington, DC 20037, (202) 857-3800.

Synopsis of Report and Order

    The Federal Communications Commission (FCC) adopted a Report and 
Order to create a new Emergency Alert System (EAS) to replace the more 
than 40 year old Emergency Broadcast System (EBS). EBS was no longer 
able to accommodate advances in communications. The advent of digital 
technology and the expansion of cable, satellite, microwave 
distribution, and fiber optics, very few of which currently participate 
in the EBS, will enable the new system to offer better and faster 
alerting to the public.
    The Report and Order removes Subpart G, Part 73, of the FCC's rules 
concerning EBS in its entirety, and incorporates it into a new Part 11 
of the rules dealing with EAS. 47 CFR Subpart G, Part 73, and Part 11. 
The rule changes are provided at the end of this synopsis.
    Furthermore, the Report and Order requires participation by 
broadcast stations and cable systems in the new EAS, and encourages 
voluntary participation by others. Cable systems must participate, and 
the Further Notice of Proposed Rulemaking asks for comments regarding 
whether a defined class of smaller systems should be exempted from 
participation. Cable systems will for the first time be required to 
participate in the emergency alerting process because numerous 
Americans now depend on cable for news and information and because 
Congress has directed the Commission to ensure that cable subscribers 
have access to emergency information on the same basis as broadcast 
viewers and listeners. Most Americans receive one or both of these 
sources. The Report and Order requires broadcast stations and cable 
systems to install and operate new equipment for national alerts, while 
relaxing certain equipment requirements for noncommercial educational 
Class D FM stations and low power television stations. Other 
transmission media, such as satellite, telephone, paging and public 
service providers, are also encouraged to participate.
    Technically, the new equipment will have many advanced features 
currently unavailable with the EBS, such as multiple monitoring of 
alerting sources, ability to operate by remote control, compatibility 
with other communications media, the option for automated operation, 
and the ability to target emergency specific information to exact 
geographic areas that are at risk. Operationally, EAS will allow 
audiences to receive quick and accurate access to emergency 
information. Unlike the old EBS, the new equipment and procedures will 
also minimize the risk of failure or confusion due to human error.
    The new equipment can be programmed to provide automatic alerts for 
specific types of emergencies such as tornadoes or nuclear accidents. 
Automatic interrupt capability will allow immediate suspension of 
programming and will transmit both national EAS alerts as well as state 
or local emergency alerts. Broadcast stations and cable systems can 
choose when they want their programming interrupted automatically, as, 
for example, when they are operating unattended.
    The new digital EAS equipment will allow participants to relay news 
of emergencies only to affected geographic areas so that unaffected 
areas are not alarmed. The new equipment also allows for coding to 
identify special kinds of alerts, such as for power outages, nuclear 
power plant incidents, and release of harmful chemicals.
    The new equipment will also be capable of monitoring several 
sources of emergency information, such as broadcast stations or 
emergency management offices. This multiple input system replaces the 
old single station ``daisy chain'' system of monitoring in which 
emergency messages were relayed from one station to another. The 
multiple input system is significantly more reliable because stations 
are not dependent on one station to receive an emergency alert.
    In addition, the new technology will make it possible to transmit 
emergency information to the public regardless of listening or viewing 
habits. It will no longer be necessary to be watching broadcast 
television or listening to the radio in order to receive an emergency 
alert. Specially equipped consumer end products, such as televisions, 
car radios, pagers, CD players and other devices will be able to 
receive an EAS alert and provide a warning even when the device is shut 
off.
    The new EAS will have other capabilities. The EAS protocol can be 
used to develop alert messages in the primary language of the station's 
or cable channel's programming, thus increasing the chance that the 
listening public will comprehend emergency information.
    New operational procedures will enhance the public's ability to 
receive emergency information. For example, the new rules require 
visual alerts on television stations and participating cable systems 
which will quickly provide the hearing impaired with emergency 
information. Piercing tones will alert the blind or preoccupied 
listener.
    New testing procedures can assure the equipment is functioning 
properly without causing the public to ``tune out.'' All EAS 
participants have the option to continue weekly tests with on-air 
messages or to perform three of the four weekly tests during the month 
unobtrusively. Such testing will be almost unnoticeable to the 
listener. A monthly on-air test will still be required, however. During 
the monthly on-air test, each State or local Emergency Communications 
Committee will develop a script and test the system as if it were an 
actual alert. A shorter EAS two-tone signal lasting only 8 seconds can 
be used. During an actual emergency, however, a longer tone of up to 25 
seconds is encouraged to attract the blind and hard-of-hearing. A new 
rule also prohibits false or misleading use of the EAS two-tone or 
alert codes.
    The standard protocol for the activation of the EAS is compatible 
with the new digitized NOAA Weather Radio (NWR) system. Each year there 
are several hundred lives lost, several thousand injuries sustained and 
billions of dollars in property damaged due to weather related and man-
made emergencies. EAS will continue to work with the National Weather 
Service to provide emergency weather information to the public more 
quickly while at the same time complementing the NWR.
    The FCC will terminate the Emergency Broadcast System Advisory 
Committee and the National Business and Industry Advisory Council which 
had served the old EBS. In its stead, the FCC will establish a smaller 
National Advisory Committee (NAC) to provide coordination and direction 
in the implementation of the new rules and regulations for the EAS. The 
NAC will advise the Commission on EAS policies, rules, and procedures. 
It will develop training and education initiatives to explain the EAS 
to participants and the public. It will be comprised of volunteer 
government and industry personnel who will be appointed by the 
Commission for two-year terms.
    The cost to broadcasters of the new EAS devices is comparable to 
the cost of replacing existing EBS equipment which is nearing the end 
of its useful operational life. The EAS devices will have significantly 
more features than the old equipment and will be much cheaper to 
operate. Cost to cable systems is expected to be higher, but they will 
have an extended time to implement EAS.
    In designing a timetable for the system, the Commission balanced 
the lead time needed by industry to begin the new service against the 
need to ensure the public's safety. Both radio and television 
broadcasters will be required to replace EBS equipment with EAS 
equipment by July 1, 1996 in accordance with the following timetable: 
(1) Existing EBS decoders at broadcast stations must be modified by 
July 1, 1995 to be capable of decoding a shortened, eight second 
version of the two-tone alerting signal currently used in the EBS; (2) 
after July 1, 1995, stations may transmit the shortened two-tone 
attention signal for not less than eight seconds nor more than 25 
seconds; (3) use of the new EAS digital equipment is optional until 
July 1, 1996 for broadcast stations and mandatory thereafter; (4) key 
EAS sources are advised to begin using the new digital signal as soon 
as equipment is available; (5) after July 1, 1997, the two-tone signal 
may be used only as an audio alert signal to announce to the public 
either the monthly test or actual emergency messages; and (6) Class D 
FM and low power television stations must have decoders according to 
the timetable used by broadcasters. There will be a one year overlap 
between the old EBS and new EAS equipment to ensure that the new system 
is effective before the older EBS two-tone signalling technique used to 
alert stations is retired. Because cable is a new entrant, cable 
systems will have until July 1, 1997, to install the new equipment.
    The following is a summary of other features of the Emergency Alert 
System.
     EAS will utilize a standard, non-proprietary protocol that 
includes a digital header code, the Attention Signal, the emergency 
message, and an End Of Message (EOM) code.
     It will be permissible to transmit only the header and EOM 
coded for state and local emergencies.
     The protocol can be received by any radio or television 
receiver.
     The protocol can be sent on transmission systems such as, 
but not limited to, radio and television stations, cable systems, 
satellite, computer networks, and paging systems.
     The new equipment may combine decoder and encoder 
functions in a single unit.
     The equipment can be controlled from a remote location.
     Broadcast station and cable system owners can program the 
equipment to interrupt their programming in the event of specific codes 
contained in EAS messages. Codes can, for example, be matched for the 
message Originator (who), Event (what) and Location (where).
     All EAS messages will have Universal Coordinated Time 
(UTC) codes to assure that expired messages are not transmitted.
     Specially equipped radios, televisions and other consumer 
products can be turned on and off by the EAS protocol to receive 
emergency messages.
     The existing State and Local Emergency Communications 
Committees can create their own monthly test announcements.
     EAS state and local plans will need to be created to 
reflect the new capabilities of equipment for multiple monitoring and 
identification of EAS sources.
     The rules prohibit false use of the EAS protocol.
     The rules employ new and more easily understandable 
terminology for use by EAS participants.
    In the same document as the Report and Order, the Commission issued 
a Further Notice of Proposed Rulemaking asking for comments related to 
whether the Multipoint Distribution Service (MDS), Satellite Master 
Antenna TV (SMATV) systems and Video Dial Tone should also be required 
to participate in EAS. Comments were also sought on several cable 
related issues. This Further Notice of Proposed Rulemaking is 
summarized elsewhere in the Federal Register.

The Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
Section 603, the Report and Order contained a final regulatory 
flexibility analysis. The analysis concluded that the new EAS will be a 
significant improvement over EBS in providing emergency messages to the 
public. There were no comments submitted in response to the initial 
Regulatory Flexibility Analysis.

Legal Basis

    The Report and Order is issued under 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. Sections 151, 154 (i) and (o), 
303(r), 544(g) and 606.

List of Subjects

47 CFR Part 0

    Delegation of authority, Organization and functions (Government 
agencies)

47 CFR Part 11

    Emergency alert system

47 CFR Part 73

    Radio broadcasting, Television broadcasting

47 CFR Part 76

    Cable television

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Parts 0, 11, 73 and 76 of Chapter I of Title 47 of the Code of 
Federal Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for Part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.182 is amended by revising the heading and paragraph 
(d) to read as follows:


Sec. 0.182  Chief, Compliance and Information Bureau.

* * * * *
    (d) Provides administrative support for the National Advisory 
Committee (NAC).
* * * * *
    3. Section 0.183 is revised to read as follows:


Sec. 0.183  Emergency Communications Administration.

    The Compliance and Information Bureau coordinates the National 
Security and Emergency Preparedness (NSEP) activities of the Federal 
Communications Commission including Continuity of Government Planning, 
the Emergency Alert System (EAS) and other functions as may be 
delegated during a national emergency or activation of the President's 
war emergency powers as specified in section 706 of the Communications 
Act; maintains liaison with FCC Bureaus/Offices, and other government 
agencies, the telecommunications industry and FCC licensees on NSEP 
matters; and, as requested, represents the Commission at NSEP meetings 
and conferences.


Sec. 0.284  [Amended]

    4. Section 0.284 is amended by removing paragraph (a)(4) and 
redesignating paragraphs (a)(5) through (a)(10) as (a)(4) through 
(a)(9), respectively.
    5. Section 0.311 is amended by revising paragraphs (g) and (h) to 
read as follows:


Sec. 0.311  Authority delegated.

* * * * *
    (g) The Chief, Compliance and Information Bureau is delegated 
authority to grant waivers of the requirements of Part 11 of this 
Chapter to participants required to install, operate or test Emergency 
Alert System (EAS) equipment. The Chief, Compliance and Information 
Bureau is further authorized to delegate this authority. Waiver 
requests must made in writing and forwarded to the FCC's EAS office 
1919 M Street, NW Washington, DC 20054. Such requests must state the 
reason why the waiver is necessary and provide sufficient information 
such as, statements of fact regarding the financial status of the 
broadcast station, the number of other broadcast stations providing 
coverage in its service area or the likelihood of hazardous risks to 
justify a grant of the waiver.
    (h) The Chief, Compliance and Information Bureau is delegated 
authority to execute in the name of the Commission all agreements 
pertaining to the loan of United States Government property to 
broadcast stations or other entities participating in the Emergency 
Alert System (EAS) for national defense purposes. The Chief, Compliance 
and Information Bureau is authorized to delegate this authority.

PART 11--EMERGENCY ALERT SYSTEM (EAS)

    6. A new Part 11 is added to read as follows:

Part 11--[Added]

Subpart A--General

Sec.
11.1  Purpose.
11.11  The Emergency Alert System (EAS).
11.12  Two-tone Attention Signal Encoder and Decoder.
11.13  Emergency Action Notification (EAN) and Emergency Action 
Termination (EAT).
11.14  EAN Network and Primary Entry Point (PEP) System.
11.15  EAS Operating Handbook.
11.16  National Control Point Procedures.
11.17  Authenticator Word Lists.
11.18  EAS Designations.
11.19  EAS Non-participating National Authorization Letter.
11.20  State Relay Network.
11.21  State and Local Area Plans and FCC Mapbook.

Subpart B--Equipment Requirements

11.31  EAS protocol.
11.32  EAS Encoder.
11.33  EAS Decoder.
11.34  Acceptability of the equipment.
11.35  Equipment operational readiness.

Subpart C--Organization

11.41  Participation in EAS.
11.42  Participation by communications common carriers.
11.43  National level participation.
11.44  EAS message priorities.
11.45  Prohibition of false or deceptive EAS transmissions.
11.46  EAS public service announcements.

Subpart D--Emergency Operations

11.51  EAS code and Attention Signal Transmission requirements.
11.52  EAS code and Attention Signal Monitoring requirements.
11.53  Dissemination of Emergency Action Notification.
11.54  EAS operation during a National Level emergency.
11.55  EAS operation during a State or Local Area emergency.

Subpart E--Tests

11.61  Tests of EAS procedures.
11.62  Closed Circuit Tests of National Level EAS facilities.

    Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.

Subpart A--General


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 AM, FM 
and TV broadcast stations, cable systems 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.


Sec. 11.11  The Emergency Alert System (EAS).

    (a) The EAS is composed of broadcast networks; cable networks and 
program suppliers; AM, FM and TV broadcast stations; Low Power TV 
(LPTV) stations; cable systems; and other entities and industries 
operating on an organized basis during emergencies at the National, 
State, or local levels. It requires that at a minimum all participants 
use a common EAS protocol, as defined in Sec. 11.31, to send and 
receive emergency alerts in accordance with the effective dates in the 
following tables:

                                          Timetable--Broadcast Stations                                         
----------------------------------------------------------------------------------------------------------------
     Requirement            Until 7/1/95              7/1/95                 7/1/96                7/1/97       
----------------------------------------------------------------------------------------------------------------
Two-tone encoder       20-25 seconds........  8-25 seconds.........  8-25 seconds.........  8-25 seconds.\1\    
 timing.                                                                                                        
Two-tone decoder       8-16 seconds required  All decoders at 3-4    3-4 seconds..........  Two-tone decoder no 
 timing.               3-4 seconds optional.   seconds.                                      longer used.       
Digital decoder and    Use is optional......  Use is optional......  Use is required......  Use is required.    
 encoder.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\Two-tone signal used only to provide audio alert to audience before EAS emergency messages and required      
  monthly test.                                                                                                 


                              Cable Systems                             
------------------------------------------------------------------------
      Requirement              Until 7/1/97              7/1/97\2\      
------------------------------------------------------------------------
Two-tone signal from     Use is optional, 8-25    Use is required, 8-25 
 storage device\1\.       seconds.                 seconds.             
Digital decoder and      Use is optional........  Use is required.\2\   
 encoder.                                                               
------------------------------------------------------------------------
\1\Two-tone signal used only to provide audio alert to audience before  
  EAS emergency messages and required monthly test.                     
\2\On this date, subject cable systems shall provide: (1) a video       
  message on all channels or other alerting techniques to hearing       
  impaired and deaf subscribers, (2) an audio message and video         
  interruption on all channels, and (3) a video message on at least one 
  channel to all subscribers.                                           
                                                                        
Note: Class D FM and low power TV stations are not required to have two-
  tone or digital encoders. LPTV stations that operate as television    
  broadcast translator stations are exempt from the requirement to have 
  EAS equipment.                                                        


                     EAS Timetable and Requirements                     
------------------------------------------------------------------------
                                          FM class                      
   Requirement         AM         FM         D          TV      LPTV\1\ 
------------------------------------------------------------------------
                           Broadcast stations                           
------------------------------------------------------------------------
    Two-tone                                                            
     decoder                                                            
     (until 7/1/                                                        
     97).........         Y          Y          Y          Y          Y 
    Two-tone                                                            
     encoder.....         Y          Y          N          Y          N 
    Digital                                                             
     decoder (7/1/                                                      
     96).........         Y          Y          Y          Y          Y 
    Digital                                                             
     encoder (7/1/                                                      
     96).........         Y          Y          N          Y          N 
    Audio message                                                       
     (7/1/96)....         Y          Y          Y          Y          Y 
    Video message                                                       
     (7/1/96)....  .........  .........  .........         Y          Y 
------------------------------------------------------------------------
\1\LPTV stations that operate as television broadcast translator        
  stations are exempt from the requirement to have EAS equipment.       


                              Cable Systems                             
------------------------------------------------------------------------
                         Requirement                                    
------------------------------------------------------------------------
Two-tone decoder............................................          N 
Two-tone encoder............................................          N 
Digital decoder (7/1/97)....................................          Y 
Digital encoder (7/1/97)....................................          Y 
Audio message on all channels (7/1/97)......................       Y\2\ 
Video interruption on all channels, video message on one                
 channel (7/1/97)...........................................       Y\3\ 
------------------------------------------------------------------------
\2\Shall transmit two-tone signal, but it may be from a storage device. 
\3\Shall provide video on all channels or other alerting techniques to  
  certified hearing impaired and deaf subscribers.                      

    (b) Class D non-commercial educational FM stations as defined in 
Sec. 73.506 of this chapter and LPTV stations as defined in 
Sec. 74.701(f) of this chapter 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.
    (c) Organizations using other communications systems or 
technologies such as, Direct Broadcast Satellite (DBS), 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.


Sec. 11.12  Two-tone Attention Signal Encoder and Decoder.

    Existing two-tone Attention Signal Encoder and Decoder equipment 
type accepted for use as Emergency Broadcast System equipment under 
Part 73 may be used by broadcast stations until July 1, 1997, provided 
that such equipment meets the requirements of Secs. 11.32(a)(9) and 
11.33(b). Effective July 1, 1997, the two-tone Attention Signal Decoder 
will no longer be required and the two-tone Attention Signal will be 
used to provide an audio alert.


Sec. 11.13  Emergency Action Notification (EAN) and Emergency Action 
Termination (EAT).

    (a) The Emergency Action Notification (EAN) is the notice to all 
broadcast stations, subject cable systems, other regulated services of 
the FCC, participating industry entities, 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 
broadcast stations, subject cable systems, other regulated services of 
the FCC, participating industry entities, and to the general public 
that the EAN has terminated.


Sec. 11.14  EAN Network and Primary Entry Point (PEP) System.

    (a) The EAN network is a dedicated communications service 
connecting industry networks, wire services and common carriers with 
government activation points. It is used to distribute EAN and EAT 
messages. The industry control locations retransmit the EAN message, 
the Presidential message, and the EAT message on their facilities to 
their affiliates.
    (b) The PEP system is a nationwide network of broadcast stations 
connected with government activation points. It can also be used to 
distribute EAN and EAT.


Sec. 11.15  EAS Operating Handbook.

    The EAS Operating Handbook states in summary form the actions to be 
taken by personnel at broadcast stations, and other participating 
entities upon receipt of an EAN, subject cable systems and other 
participating entities 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, monitoring guidelines, and EAS 
message examples. 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.


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. They are for 
use by the participating radio and television networks, cable networks 
and program suppliers, common carriers and wire services. The 
procedures are divided into sections as follows:
    (a) National Level EAS Activation. This section contains the 
activation and termination instructions for Presidential messages.
    (b) EAS Test Transmissions. This section contains the instructions 
for testing the EAS at the National level.
    (c) National Information Center (NIC). This section contains 
instructions for distributing United States Government official 
information messages after completion of the National Level EAS 
activation and termination actions.


Sec. 11.17  Authenticator Word Lists.

    There are three lists issued by the FCC annually. The lists are to 
be used by EAS participants to ensure that the National level alerts 
and tests are legitimate. The lists must be used in accordance with 
directions in the EAS Operating Handbook and the National Control Point 
Procedures. LPTV stations do not receive authenticator lists.
    (a) Red Envelope Authenticator List. This list is used for 
authentication purposes in accordance with instructions in the EAS 
Operating Handbook and National Control Point Procedures. It is issued 
to all broadcast stations and specified control points of the radio and 
television networks, cable networks and program suppliers, common 
carriers, wire services and other specified entities. A current copy of 
this list must be located in the pocket on the inside front cover of 
the EAS Operating Handbook. This list should be opened only to 
authenticate receipt of an EAN message and an EAT message from the 
above control pints. The FCC may request immediate return of the Red 
Envelope at any time.
    (b) White Envelope Authenticator List. This list is used for caller 
identification purposes in accordance with instructions in the National 
Control Point Procedures. It is issued only to specified control 
points.
    (c) NIC Authenticator List. This booklet is used for authentication 
purposes in accordance with instructions in the National Control Point 
Procedures. It is issued only to participating control points.


Sec. 11.18  EAS Designations.

    (a) National Primary (NP) is a source of EAS Presidential messages.
    (b) Local Primary (LP) is a source of EAS Local Area messages. An 
LP source is responsible for coordinating the carriage of common 
emergency messages from sources such as the National Weather Service or 
local emergency management offices as specified in its EAS Local Area 
Plan. If it is unable to carry out this function, other LP sources in 
the Local Area may be assigned the responsibility as indicated in State 
and Local Area Plans. LP sources are assigned numbers (LP-1, 2, 3, 
etc.) in the sequence they are to be monitored by other broadcast 
stations in the Local Area.
    (c) State Primary (SP) is a source of EAS State messages. These 
messages can originate from the Governor or a designated representative 
in the State Emergency Operating Center (EOC) or State Capital. 
Messages are sent via the State Relay Network.
    (d) State Relay (SR) is a source of EAS State messages. It is part 
of the State Relay Network and relays National and State common 
emergency messages into Local Areas.
    (e) Participating National (PN) sources transmit EAS National, 
State or Local Area messages. The EAS transmissions of PN sources are 
intended for direct public reception.
    (f) Non-participating National (NN) sources have elected not to 
participate in the National level EAS and hold an authorization letter 
to that effect. Upon activation of the national level EAS, NN sources 
are required to broadcast the EAS codes, Attention Signal, the sign-off 
announcement in the EAS Operating Handbook and then stop operating. All 
NN sources are required to comply with Sec. 11.51, Sec. 11.52 and 
Sec. 11.61. They may transmit EAS State or Local Area messages at any 
time without prior notice.


Sec. 11.19  EAS Non-participating National Authorization Letter.

    This authorization letter is issued by the FCC to broadcast station 
licensees. It states that the licensee has agreed to go off the air 
during a national level EAS message. 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.


Sec. 11.20  State Relay Network.

    This network is composed of State Relay (SR) sources, leased common 
carrier communications facilities or any other available communication 
facilities. The network distributes State EAS messages originated by 
the Governor or designated official. In addition to EAS monitoring, 
satellites, microwave, FM subcarrier or any other communications 
technology may be used to distribute State emergency messages.


Sec. 11.21  State and Local Area Plans and FCC Mapbook.

    EAS plans contain guidance for broadcast personnel, emergency 
officials and 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).
    (a) The State plan contains procedures for State emergency 
management and other State officials, the NWS, broadcast personnel to 
transmit emergency information to the public during a State emergency 
using the EAS.
    (b) The Local Area plan contains procedures for local officials or 
the NWS to transmit emergency information to the public during a local 
emergency using the EAS. Local plans may be a part of the State plan. A 
Local Area is a geographical area of contiguous communities or counties 
that may include more than one state.
    (c) The FCC Mapbook is based on the above plans. It organizes all 
broadcast stations and cable systems according to their State, EAS 
Local Area and EAS designation.

Subpart B--Equipment Requirements


Sec. 11.31  EAS protocol.

    (a) The EAS uses a four part message for an emergency activation of 
the EAS. The four parts are: Preamble and EAS Header Codes; audio 
Attention Signal; message; and, Preamble and EAS End Of Message (EOM) 
Codes.
    (1) The Preamble and EAS Codes must use Audio Frequency Shift 
Keying at a rate of 520.83 bits per second to transmit the codes. Mark 
frequency is 2083.3 Hz and space frequency is 1562.5 Hz. Mark and space 
time must be 1.92 milliseconds. Characters are ASCII seven bit 
characters as defined in ANSI X3.4-1977.
    (2) The Attention Signal must be made up of the fundamental 
frequencies of 853 and 960 Hz. The two tones must be transmitted 
simultaneously. The Attention Signal must be transmitted after the EAS 
header codes.
    (3) The message may be audio, video or text.
    (b) The ASCII dash and plus symbols are required and may not be 
used for any other purpose. Unused characters must be ASCII space 
characters. FM or TV call signs must use a backslash ASCII character (/
) in lieu of a dash.
    (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 also provided in the EAS Operating Handbook.

[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 is the Location code and indicates the geographic area 
affected by the EAS alert. There may be 31 Location codes in an EAS 
alert. There may be 31 Location codes in an EAS alert. The Location 
code uses the Federal Information Processing System (FIPS) numbers 
as described by the U.S. Department of Commerce in National 
Institute of Standards and Technology publication 772. Each state is 
assigned an SS number as specified in paragraph (f) of this section. 
Each county is 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 Central, 3=Northeast, 4=West Central, 5=Central, 6=East 
Central, 7=Southwest, 8=South Central, 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, +100, +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). These codes must remain unchanged for 
retransmitted messages.

LLLLLLLL-  This is the call sign or other identification of the 
broadcast station, or NWS office 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:

------------------------------------------------------------------------
                                                                    ORG 
                           Originator                              code 
------------------------------------------------------------------------
Broadcast station or cable system...............................  EAS   
Civil authorities...............................................  CIV   
Emergency Action Notification Network...........................  EAN   
National Weather Service........................................  WXR   
Primary Entry Point System......................................  PEP   
------------------------------------------------------------------------

    (e) The following Event (EEE) codes are presently authorized:

------------------------------------------------------------------------
                                                                   Event
                      Nature of activation                         codes
------------------------------------------------------------------------
National Codes:                                                         
  Emergency Action Notification (National only).................  EAN   
  Emergency Action Termination (National only)..................  EAT   
  National Information Center...................................  NIC   
  National Periodic Test........................................  NPT   
  Required Monthly Test.........................................  RMT   
  Required Weekly Test..........................................  RWT   
Local Codes:                                                            
    Administrative Message......................................  ADR   
    Blizzard Warning............................................  BZW   
    Civil Emergency Message.....................................  CEM   
    Evacuation Immediate........................................  EVI   
    Flash Flood Statement.......................................  FFS   
    Flash Flood Warning.........................................  FFW   
    Flash Food Watch............................................  FFA   
    Flood Statement.............................................  FLS   
    Flood Warning...............................................  FLW   
    Flood Watch.................................................  FLA   
    High Wind Warning...........................................  HWW   
    High Wind Watch.............................................  HWA   
    Hurricane Statement.........................................  HLS   
    Hurricane Warning...........................................  HUW   
    Hurricane Watch.............................................  HUA   
    Practice/Demo Warning.......................................  DMO   
  Severe Thunderstorm Warning...................................  SVR   
  Severe Thunderstorm Watch.....................................  SVA   
  Severe Weather Statement......................................  SVS   
  Special Weather Statement.....................................  SPS   
  Tornado Warning...............................................  TOR   
  Tornado Watch.................................................  TOA   
  Tsunami Warning...............................................  TSW   
  Tsunami Watch.................................................  TSA   
  Winter Storm Warning..........................................  WSW   
  Winter Storm Watch............................................  WSA   
------------------------------------------------------------------------

    (f) The State and Territory FIPS number codes (SS) are as follows. 
County FIPS numbers (CCC) are contained in the State EAS Mapbook.

------------------------------------------------------------------------
                             State                               FIPS # 
------------------------------------------------------------------------
AL............................................................        01
AK............................................................        02
AZ............................................................        04
AR............................................................        05
CA............................................................        06
CO............................................................        08
CT............................................................        09
DE............................................................        10
FL............................................................        12
GA............................................................        13
HI............................................................        15
ID............................................................        16
IL............................................................        17
IN............................................................        18
IA............................................................        19
KS............................................................        20
KY............................................................        21
LA............................................................        22
ME............................................................        23
MD............................................................        24
MA............................................................        25
MI............................................................        26
MN............................................................        27
MS............................................................        28
MO............................................................        29
MT............................................................        30
NE............................................................        31
NV............................................................        32
NH............................................................        33
NJ............................................................        34
NM............................................................        35
NY............................................................        36
NC............................................................        37
ND............................................................        38
OH............................................................        39
OK............................................................        40
OR............................................................        41
PA............................................................        42
RI............................................................        44
SC............................................................        45
SD............................................................        46
TN............................................................        47
TX............................................................        48
UT............................................................        49
VT............................................................        50
VA............................................................        51
WA............................................................        53
WV............................................................        54
WI............................................................        55
WY............................................................        56
------------------------------------------------------------------------

District of Columbia--11

------------------------------------------------------------------------
                             Terr.                               FIPS # 
------------------------------------------------------------------------
AS............................................................        60
PR............................................................        72
FM............................................................        64
PW............................................................        70
GU............................................................        66
UM............................................................        74
MH............................................................        68
VI............................................................        78
MP............................................................        69
------------------------------------------------------------------------

Sec. 11.32  EAS Encoder.

    (a) EAS Encoders must at a minimum be capable of encoding the EAS 
protocol described in Sec. 11.31 and providing the EAS code 
transmission requirements described in Sec. 11.51. EAS encoders must 
additionally provide the following minimum specifications:
    (1) Encoder programming. Access to encoder programming shall be 
protected by a lock or other security measures and be configured so 
that authorized personnel can readily select and program the EAS 
Encoder with Originator, Event and Location codes for either manual or 
automatic operation.
    (2) Inputs. The encoder shall have two inputs, one for audio 
messages and one for data messages (RS-232C with standard protocol and 
1200 baud rate).
    (3) Outputs. The encoder shall have two outputs, one audio port and 
one data port (RS-232C with standard protocol and 1200 baud rate).
    (4) Calibration. EAS Encoders must provide a means to comply with 
the modulation levels required in Sec. 11.51(f).
    (5) Day-Hour-Minute and Identification Stamps. The encoder shall 
affix the JJJHHMM and LLLLLLLL codes automatically to all initial 
messages.
    (6) Program Data Retention. Program data and codes shall be 
retained even with the power removed.
    (7) Indicator. An aural or visible means that it activated when the 
Preamble is sent and deactivated at the End of Message code.
    (8) Spurious Response. All frequency components outside 200 to 4000 
Hz shall be attenuated by 40 dB or more with respect to the output 
levels of the mark or space frequencies.
    (9) Attention Signal generator. The encoder must provide an 
attention signal that complies with the following:
    (i) Tone Frequencies. The audio tones shall have fundamental 
frequencies of 853 and 960 Hz and not vary over  0.5 Hz.
    (ii) Harmonic Distortion. The total harmonic distortion of each of 
the audio tones may not exceed 5% at the encoder output terminals.
    (iii) Minimum Level of Output. The encoder shall have an output 
level capability of at least +8 dBm into a 600 Ohm load impedance at 
each audio tone. A means shall be provided to permit individual 
activation of the two tones for calibration of associated systems.
    (iv) Time Period for Transmission of Tones. The encoder shall have 
timing circuitry that automatically generates the two tones 
simultaneously for a time period of not less than 8 nor longer than 25 
seconds. NOTE: Prior to July 1, 1995, the Attention Signal must be at 
least 20 and not more than 25 seconds.
    (v) Inadvertent activation. The switch used for initiating the 
automatic generation of the simultaneous tones shall be protected to 
prevent accidental operation.
    (vi) Indicator Display. The encoder shall be provided with a visual 
and/or aural indicator which clearly shows that the Attention Signal is 
activated.
    (b) Operating Temperature and Humidity. Encoders shall have the 
ability to operate with the above specifications within an ambient 
temperature range of 0 to +50 degrees C and a range of relative 
humidity of up to 95%.
    (c) Primary Supply Voltage Variation. Encoders shall be capable of 
complying with the requirements of this section during a variation in 
primary supply voltage of 85 percent to 115 percent of its rated value.
    (d) Testing Encoder Units. Encoders not covered by Sec. 11.34(e) of 
this part shall be tested in a 10 V/m minimum RF field at an AM 
broadcast frequency and a 0.5 V/m minimum RF field at an FM or TV 
broadcast frequency to simulate actual working conditions.


Sec. 11.33  EAS Decoder.

    (a) An EAS Decoder must at a minimum be capable of decoding the EAS 
protocol described in Sec. 11.31, provide the EAS monitoring functions 
described in Sec. 11.52, and the following minimum specifications:
    (1) Inputs. Decoders must have the capability to receive at least 2 
audio inputs from EAS monitoring assignments, and one data input (RS-
232C with standard protocol and 1200 baud rate). The data input may be 
used to monitor other communications modes such as Radio Broadcast Data 
System (RBDS), NWR, satellite, public switched telephone network, or 
any other source that uses the EAS protocol.
    (2) Valid codes. There must be a means to determine if valid EAS 
header codes are received and to determine if preselected header codes 
are received.
    (3) Storage. Decoders must provide the means to:
    (i) Record and store at least two minutes of audio or text 
messages.
    (ii) Store at least 10 preselected header 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 of later messages. The header codes will be 
deleted from storage as their valid time periods expire.
    (4) Display. A visual message shall be developed from any valid EAS 
header codes received. The message will 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.
    (5) Indicators. EAS Decoders must have a distinct aural or visible 
means to show that it is activated when:
    (i) any valid EAS header codes are received as specified in 
Sec. 11.33(a)(10).
    (ii) preprogrammed header codes, such as those selected in 
accordance with Sec. 11.52(d) are received.
    (iii) a signal is present at each audio input that is specified in 
Sec. 11.33(a)(1).
    (6) Program Data Retention. The program data must be retained even 
with power removed.
    (7) Outputs. Decoders shall have the following outputs: a data port 
or ports (RS-232C with standard protocol and 1200 baud rate) where 
received valid EAS header codes and received preselected header codes 
are available; one audio port that is capable of monitoring each 
decoder audio input; and, an internal speaker to enable personnel to 
hear audio from each input.
    (8) Decoder Programming. Access to decoder programming shall be 
protected by a lock or other security measures and be configured so 
that authorized personnel can readily select and program the EAS 
Decoder with preselected Originator, Event and Location codes for 
either manual or automatic operation.
    (9) Reset. There shall be a method to automatically or manually 
reset the decoder to the normal monitoring condition. If an end of 
message code (EOM) is not received for an EAS message, operators shall 
be able to select an automatic reset time which may not be less than 
two minutes. Messages received with the EAN Event codes shall disable 
the reset function so that lengthy audio messages can be handled. The 
last message received with valid header codes shall be displayed as 
required by Sec. 11.33(a)(4) of this section before the decoder is 
reset.
    (10) Message Validity. An EAS Decoder must provide error detection 
and validation of the header codes of each message to ascertain if the 
message is valid. Header code comparisons may be accomplished through 
the use of a bit-by-bit compare or any other error detection and 
validation protocol. A header code must only be considered valid when 
two of the three headers match exactly. Duplicate messages must not be 
relayed automatically.
    (11) A header code with the EAN Event code specified in 
Sec. 11.31(c) that is received through either of the two audio inputs 
must override all other EAS messages.
    (b) Attention Signal. EAS Decoders at broadcast stations 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 
responses, decoders designed to use the two tones for broadcast 
receiver demuting shall comply with the following:
    (1) Time Delay. A minimum time delay of 8 but not more than 16 
seconds of tone reception shall be incorporated into the demuting or 
activation process to insure that the tones will be audible for a 
period of at least 4 seconds. After July 1, 1995, the time delay shall 
be 3-4 seconds.
    (2) Operation Bandwidth. The decoder circuitry shall not respond to 
tones which vary more than  0.5 Hz from each of the 
frequencies, 853 Hz and 960 Hz.
    (3) Reset Ability. The decoder shall have a means to manually or 
automatically reset the associated broadcast receiver to a muted state.
    (c) Decoders shall be capable of operation within the tolerances 
specified in this section as well as those in Secs. 11.32(b), (c) and 
(d).


Sec. 11.34  Acceptability of the equipment.

    (a) An EAS Encoder used for generating the EAS codes and the 
Attention Signal must be Certified in accordance with the procedures in 
Part 2, Subpart J, of this chapter. The data and information submitted 
must show the capability of the equipment to meet the requirements of 
this Part as well as the requirements contained in Part 15 of this 
chapter for digital devices.
    (b) Decoders used for the detection of the EAS codes and receiving 
the Attention Signal must be Certified in accordance with the 
procedures in Part 2, Subpart J, of this chapter. The data and 
information submitted must show the capability of the equipment to meet 
the requirements of this Part as well as the requirements contained in 
Part 15 of this chapter for digital devices.
    (c) The functions of the EAS decoder, Attention Signal generator 
and receiver, and the EAS Encoder specified in Secs. 11.31, 11.32 and 
11.33 may be combined and notified as a single unit provided that the 
unit complies with all specifications in this rule section.
    (d) Manufacturers must include instructions and information on how 
to install, operate and program an EAS Encoder, EAS Decoder, or 
combined unit and a list of all State and county FIPS numbers with each 
unit sold or marketed in the U.S.
    (e) Waiver requests of the Certification requirements for EAS 
Encoders or EAS Decoders which are constructed for use at a broadcast 
station or subject cable system, but are not offered for sale will be 
considered on an individual basis in accordance with Part 1, Subpart G, 
of this chapter.


Sec. 11.35  Equipment operational readiness.

    (a) Broadcast stations and subject cable systems are responsible 
for ensuring that EAS Encoders, EAS Decoders and Attention Signal 
generating and receiving equipment used as part of the EAS is installed 
so that the monitoring and transmitting functions are available during 
the times the broadcast station or cable system is in operation. 
Additionally, broadcast stations and subject cable systems must 
determine the cause of any failure to receive the required tests or 
activations specified in Secs. 11.61(a) (1) and (2). Appropriate 
entries must be made in the broadcast station log as specified in 
Sec. 73.1820 and Sec. 73.1840 of this chapter, cable system record in 
Sec. 76.305 of this chapter indicating reasons why any tests were not 
received.
    (b) If the EAS Encoder or EAS Decoder becomes defective the 
broadcast station or subject cable system may operate without the 
defective equipment pending its repair or replacement for a period not 
in excess of 60 days without further FCC authority. Entries shall be 
made in the broadcast station log or subject cable system records 
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) An informal request may be made to the Engineer-in-charge of 
the FCC field office serving area in which the broadcast station or 
subject cable system is located for additional time to complete repairs 
to the defective equipment. These requests 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.

Subpart C--Organization


Sec. 11.41  Participation in EAS.

    (a) All broadcast stations and cable systems specified in 
Sec. 11.11 are categorized as Participating National (PN) sources 
unless authorized by the FCC to be Non-Participating National (NN) 
sources.
    (b) A broadcast station or cable system may submit a written 
request to the FCC asking to be a Non-Participating National (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.
    (1) Any existing station that is a Non-participating National (NN) 
source under Sec. 11.18(f) that wants to become a Participating 
National (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 broadcast station and 
cable system management and will be in accordance with the provisions 
of State and Local Area EAS Plans.
    (c) All sources, including NN, must have immediate access to an EAS 
Operating Handbook and a Red Envelope Authenticator List and be placed 
on the EAS mailing list maintained by the FCC.


Sec. 11.42  Participation by communications common carriers.

    (a) During activation of the National level EAS, communications 
common carriers which have facilities available in place may, without 
charge, connect:
    (1) An originating source from the nearest service area to a 
selected Test Center and then to the radio and television broadcast 
networks, and cable networks and program suppliers 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 cable networks and program suppliers 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 program suppliers to 
their original configurations.
    (c) During a National level EAS Closed Circuit Test, common 
carriers which have facilities in place may, without charge, connect an 
originating source from the nearest service area to a selected Test 
Center and then to the radio networks and, if participating, any 
television networks and cable networks and program suppliers. 
Independent stations will not be connected during the test unless 
authorized by the FCC. Upon test termination, participants shall be 
restored to their original configurations.
    (d) A common carrier rendering free service shall file with the 
FCC, on or before July 31st and January 31st of each year, reports 
covering the six months ending on June 30th and December 31st 
respectively. These reports shall state what free service was rendered 
under this rule and the charges in dollars which would have accrued to 
the carrier for this service if charges had been collected at the 
published tariff rates if such carriers are required to file tariffs.


Sec. 11.43  National level participation.

    The industry entities voluntarily participating in the national 
level EAS are:
    (a) Radio Networks.
    (1) ABC.
    (2) Associated Press (APR).
    (3) CBS.
    (4) CNN.
    (5) Jones Satellite Audio.
    (6) Moody Broadcasting Network.
    (7) Mutual Broadcasting System (MBS).
    (8) MUZAK.
    (9) NBC.
    (10) National Public (NPR).
    (11) Unistar.
    (12) United Press International (UPIR).
    (13) USA.
    (b) Television Networks.
    (1) ABC.
    (2) CBS.
    (3) FOX.
    (4) NBC.
    (5) PBS.
    (c) Cable Program Suppliers.
    (1) Cable News Network (CNN) and CNN Headline News.
    (2) Cinemax.
    (3) Disney Channel.
    (4) Entertainment and Sports Programming Network (ESPN).
    (5) Home Box Office (HBO).
    (6) Movie Channel.
    (7) MTV.
    (8) The Nashville Network.
    (9) Nickelodeon.
    (10) Showtime.
    (11) VH-1.
    (12) Weather Channel.
    (d) Wire Services.
    (1) Associated Press (AP).
    (2) Reuters.
    (3) United Press International (UPI).
    (e) Common Carriers.
    (1) American Telephone and Telegraph (AT&T).
    (2) [Reserved]
    (f) Entities that wish to voluntarily participate in the national 
level EAS may submit a written request to the FCC.


Sec. 11.44  EAS message priorities.

    (a) A national activation of the EAS for a Presidential message 
with the Event code EAN as specified in Sec. 11.31 must take priority 
over any other message and preempt it if it is in progress.
    (b) EAS participants should transmit other EAS messages in the 
following order: first, Local Area Messages; second, State Messages; 
and third, National Information Center (NIC) Messages.
    (c) Key EAS sources (NP, LP, SP and SR) and Participating National 
(PN) sources that remain on the air during a National emergency must 
carry Presidential Messages ``live'' at the time of transmission or 
immediately upon receipt. Activation of the National level EAS must 
preempt State and Local Area EAS operation.
    (d) During a national emergency, the radio and television broadcast 
network program distribution facilities 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.


Sec. 11.45  Prohibition of false or deceptive EAS transmissions.

    No person may transmit or cause to transmit the EAS codes or 
Attention Signal, or a recording or simulation thereof, in any 
circumstance other than in an actual National, State or Local Area 
emergency or authorized test of the EAS. Broadcast station licensees 
should also refer to Sec. 73.1217 of this chapter.


Sec. 11.46  EAS public service announcements.

    Broadcast stations may use Public Service Announcements or obtain 
commercial sponsors for announcements, informercials, 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.

Subpart D--Emergency Operations


Sec. 11.51  EAS code and Attention Signal Transmission requirements.

    (a) 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) using the EAS Protocol. The Attention Signal must precede 
any emergency audio message. After July 1, 1997, the shortened 
Attention Signal may only be used as an audio alert signal and the EAS 
codes will become the minimum signalling requirement for National level 
messages and tests.
    (b) Broadcast stations may transmit only the EAS header codes and 
the EOM code without the Attention Signal and emergency message for 
State and local emergencies. Television stations and cable systems 
should ensure that pauses in video programming before EAS message 
transmission do not cause television receivers to mute EAS audio 
messages.
    (c) Effective July 1, 1996, all radio and television stations shall 
transmit EAS messages in the main audio channel.
    (d) By the above date, television 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) Class D non-commercial educational FM stations as defined in 
Sec. 73.506 of this chapter and low power TV stations as defined in 
Sec. 74.701(f) of this chapter are not required to have equipment 
capable of generating the EAS codes and Attention Signal specified in 
Sec. 11.31.
    (f) Broadcast stations may additionally transmit EAS messages 
through other communications means other than the main audio channel. 
For example, FM stations may transmit the EAS codes on subcarriers 
including 57 kHz using the RBDS standard produced by the National Radio 
Systems Committee (NRSC) and television stations may use subsidiary 
communications services.
    (g) Broadcast stations are responsible for ensuring that the 
equipment for 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 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 specified in 
Sec. 11.32(a)(4) shall modulate the transmitter at no less than 80% 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.
    (h) Effective July 1, 1997, cable systems 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, subject cable systems must:
    (1) Install, operate, and maintain equipment capable of generating 
the EAS codes. The modulation levels for the EAS codes and Attention 
Signal for cable systems shall comply with the aural signal 
requirements in Sec. 76.605 of this chapter. This will provide 
sufficient signal levels to operate cable subscriber television or 
radio receivers equipped with EAS decoders and to audibly alert 
subscribers.
    (2) Provide a video interruption and an audio EAS message on all 
channels. The audio message must state which channel is carrying the 
visual EAS message.
    (3) Subject cable systems 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) Cable systems shall provide a method to alert hearing impaired 
or deaf subscribers to EAS messages. Methods may include: a box that 
displays EAS messages and activates other alerting mechanisms or 
lights; visual messages on all channels; etc.
    (5) Cable systems may elect not to interrupt EAS messages from 
broadcast stations based on a written agreement between all concerned.
    (i) Other technologies and public service providers, such as DBS, 
low earth orbiting satellites, etc., that wish to participate in the 
EAS may contact the FCC's EAS office or their State Emergency 
Communication Committee for information and guidance.
    (j) If manual interrupt is used as specified in paragraph (l) of 
this section, EAS Encoders must be located so that station or cable 
staff, at normal duty locations, can initiate the EAS code and 
Attention Signal transmission.
    (k) Broadcast stations or cable systems 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 station or 
cable system with one EAS Encoder. The requirements of Sec. 11.32 must 
be met for both the broadcast station and cable system.
    (l) Broadcast stations and cable systems 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), with the 
accompanying location codes for their State and State/county. These EAS 
messages shall be retransmitted unchanged except for the LLLLLLLL- code 
which identifies the broadcast station or cable system retransmitting 
the message. See Sec. 11.31(c). If an EAS source originates any EAS 
messages with the above Event codes, it must include the location codes 
for the State and counties in its service area. When transmitting the 
required weekly test, broadcast stations and subject cable systems will 
use the event code RWT. The location codes will be the state and county 
for the broadcast station city of license or subject cable system 
community. Other location codes may be included upon approval of 
station or cable system management approval. EAS code requirements and 
examples are provided in the EAS Operating Handbook. Operations may be 
conducted automatically or manually.
    (1) Automatic interrupt of programming and transmission of EAS 
messages is required when facilities are unattended and 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 and EAT Event codes 
must be transmitted immediately and Monthly EAS test messages within 15 
minutes. All actions must be logged or recorded.
    (m) Broadcast stations and cable systems may employ a minimum delay 
feature, not to exceed 15 minutes, for automatic interrupt of EAS codes 
but not for the EAN Event which must be transmitted immediately.
    (n) Either manual or automatic operation of EAS equipment may be 
used at broadcast stations or cable systems that use remote control. If 
manual operation is used, an EAS decoder must be located at the remote 
control location and 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 message. Broadcast stations and 
cable systems may change back and forth between automatic and manual 
operation.


Sec. 11.52  EAS code and Attention Signal Monitoring requirements

    (a) Before July 1, 1997, broadcast stations 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. Effective July 1, 1996, all broadcast stations 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. The effective date for 
subject cable systems is July 1, 1997. NOTE: after July 1, 1997, 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 specified in Sec. 11.51(l)(2), 
decoders must be located so that operators at their normal duty 
stations at broadcast stations and cable systems can be alerted 
immediately when EAS messages are received.
    (c) Broadcast stations or cable systems 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 monitoring 
requirements contained in this section for the combined station or 
cable system with one EAS Decoder. The requirements of Sec. 11.33 must 
be met for the combined station or cable system.
    (d) Broadcast stations and subject cable systems must monitor the 
two EAS sources assigned in accordance with the monitoring priorities 
in the EAS Operating Handbook. The off-air monitoring assignments of 
each broadcast station and cable system are specified in the State EAS 
Plan and FCC Mapbook.
    (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) Broadcast station and cable system management will determine 
which header codes will automatically interrupt their programming for 
State and Local Area emergency situations affecting their audiences.
    (e) A broadcast station or cable system is required to interrupt 
normal programming either automatically or manually when it receives an 
EAS message in which the header code contains the Event codes for 
Emergency Action Notification (EAN), Emergency Action Termination 
(EAT), or Required Monthly Test (RMT) for its 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 15 
minutes. All actions must be logged or recorded. Decoders must be 
programmed for the EAN and EAT Event header codes for EAS 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.


Sec. 11.53  Dissemination of Emergency Action Notification.

    Initiation of the EAN by any one of the following sources is 
sufficient to begin the emergency actions in Sec. 11.54.
    (a) National Level. The EAN is issued by the White House. The EAN 
message is sent from an origination point to control points of the 
participating radio and television networks, cable networks and program 
suppliers, wire services, communications common carriers and other 
entities. It is then disseminated via:
    (1) Radio and television broadcast networks to all affiliates with 
the use of internal alerting facilities.
    (2) Cable networks and program suppliers to cable systems and 
subscribers.
    (3) Wire services to all subscribers (AM, FM, TV, LPTV and other 
stations).
    (4) Off-air monitoring of EAS sources.
    (b) State level and Local Area levels. EAN dissemination 
arrangements at these levels originate from State and local governments 
in accordance with State and Local Area plans.
    (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 any of the following methods:
    (1) Monitor the radio and TV networks and cable systems.
    (2) Check the wire services.
    (3) Monitor the assigned EAS sources.


Sec. 11.54  EAS operation during a National Level emergency.

    (a) The EAS Operating Handbook summarizes the procedures to be 
followed upon receipt of a National level EAN or EAT Message.
    (b) Immediately upon receipt of an EAN message, broadcast stations 
and cable systems must:
    (1) Monitor the radio and television networks, cable networks and 
program suppliers, and wire services for further instructions.
    (2) Verify the authenticity of the EAN message with the current Red 
Envelope Authenticator List (broadcast stations only).
    (3) Monitor the two EAS sources assigned in the State or Local Area 
plan or FCC Mapbook for any further instructions.
    (4) 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(l)(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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) Announcements may be made in the same language as the primary 
language of the station.
    (9) Broadcast Stations in the International Broadcast Service must 
cease broadcasting immediately upon receipt of an Emergency Action 
Notification and must maintain radio silence until an EAT is issued. 
Such stations may be issued an emergency authorization by the FCC with 
concurrence of the Director, Office of Science and Technology Policy, 
to transmit Federal government broadcasts or communications.
    (10) Broadcast stations may transmit their call letters and cable 
systems may transmit the names of the communities they serve during an 
EAS activation. EAS State and Local Area identifications must be given 
as provided in State and Local Area EAS plans.
    (11) All broadcast stations and cable systems operating and 
identified with a particular Local Area must transmit a common national 
emergency message until receipt of the Emergency Action Termination.
    (12) Broadcast stations, except those holding an EAS Non-
participating National Authorization letter, are exempt from complying 
with Sec. 73.62 and Sec. 73.1560 of this chapter (operating power 
maintenance) while operating under this part.
    (13) National Primary (NP) sources must operate under the 
procedures in the National Control Point Procedures.
    (14) The time of receipt of the EAN and Emergency Action 
Termination messages shall be entered in the broadcast station logs (as 
specified in Sec. 73.1820 and Sec. 73.1840 of this chapter), or the 
cable system records (as specified in Sec. 76.305 of this chapter).
    (c) Upon receipt of an Emergency Action Termination Message, 
broadcast stations and cable systems must follow the termination 
procedures in the EAS Operating Handbook.
    (d) Broadcast stations and cable systems 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. Sec. 325(a), to other 
participating broadcast stations and cable systems.


Sec. 11.55  EAS operation during a State or Local Area emergency.

    (a) The EAS may be activated at the State or Local Area levels by 
broadcast stations and cable systems at their discretion for day-to-day 
emergency situations posing a 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.
    (b) EAS operations must be conducted as specified in State and 
Local Area EAS Plans. The plans must list all authorized entities 
participating in the State or Local Area EAS.
    (c) Immediately upon receipt of a State or Local Area EAS message, 
participating broadcast stations and cable systems must do the 
following:
    (1) State Relay (SR) sources monitor the State Relay Network or 
follow the State EAS plan for instructions from the State Primary (SP) 
source.
    (2) Local Primary (LP) sources monitor the Local Area SR sources or 
follow the State EAS plan for instructions.
    (3) Participating National (PN) and Non-participating National (NN) 
sources monitor the Local Area LP sources for instructions.
    (4) Broadcast stations and 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)(7). Broadcast stations providing foreign 
language programming shall comply with Sec. 11.54(b)(8).
    (5) Upon completion of the State or Local Area EAS transmission 
procedures, resume normal programming until receipt of the cue from the 
SR or LP sources in your Local Area. At that time begin transmitting 
the common emergency message received from the above sources.
    (6) Resume normal operations upon conclusion of the message.
    (7) The times of the above EAS actions must be entered in the 
broadcast station or cable system records as specified in 
Sec. 11.54(b)(15), FCC Form 201 may be used to report EAS activations.
    (8) Use of the EAS codes or Attention Signal automatically grants 
rebroadcast authority as specified in Sec. 11.54(d).

Subpart E--Tests


Sec. 11.61  Tests of EAS procedures.

    (a) Tests shall be made at regular intervals as indicated below. 
Additional tests may be performed anytime. EAS activations and special 
tests may be performed in lieu of required tests as specified in 
paragraph (a)(6) 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 July 1, 1996, AM, FM and TV stations.
    (ii) Effective July 1, 1997, cable systems.
    (iii) 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. Time and script content will be developed by State 
Emergency Communications Committees in cooperation with affected 
broadcast stations, cable systems, and other participants. Script 
content can be in the primary language of the broadcast station or 
cable system. These monthly tests must be transmitted within 15 minutes 
of receipt by broadcast stations and cable systems in an EAS Local Area 
or State. Class D non-commercial educational FM and LPTV stations need 
to transmit only the test script.
    (2) Required Weekly Tests:
    (i) Attention Signal. Until July 1, 1996, broadcast stations must 
conduct tests of the Attention Signal and Test Script at least once a 
week at random days and times between 8:30 a.m. and local sunset. Class 
D non-commercial educational FM and LPTV stations do not need to 
transmit the Attention Signal. Script content can be in the primary 
language of the station.
    (ii) EAS Header Codes and EOM Codes:
    (A) Effective July 1, 1996, 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 July 1, 1997, subject cable systems must conduct 
tests of the EAS header and EOM codes at least once a week at random 
days and times.
    (iii) Class D non-commercial educational FM and LPTV stations are 
not required to transmit this test but must log receipt.
    (iv) The EAS weekly test is not required during the week that a 
monthly test is conducted.
    (3) Periodic Wire Service Tests. AP, Reuters and UPI shall 
separately conduct test transmissions to broadcast stations and cable 
systems on their wire networks. Tests may occur no more than once a 
month at random times selected by the wire services. These tests shall 
conform with the procedures in the EAS Operating Handbook and the 
National Control Point Procedures.
    (4) Weekly Emergency Action Notification (EAN) network 
transmissions. Tests of the National level interconnection facilities 
shall be conducted on a random basis once each week. They shall 
originate from the Federal government over a dedicated network to 
specified control points of the radio and television networks, cable 
networks and program suppliers, wire services, common carriers and 
other organizations. The tests shall conform with the National Control 
Point Procedures.
    (5) Periodic National Tests. National Primary (NP) sources shall 
participate in tests as appropriate. The FCC may request a report of 
these tests.
    (6) EAS activations and special tests. The EAS may be activated at 
the State or Local Area level by a broadcast station or cable system in 
lieu of the monthly or weekly tests required by this section. Such 
activation must include transmission of the EAS header codes, Attention 
Signal, emergency message and EOM code for substitution of the monthly 
test. Activation must include transmission of the Attention Signal and 
emergency message for substitution of the weekly test in paragraph 
(a)(2)(i) of this section. Activation must include transmission of the 
EAS header and EOM codes for substitution of the weekly test in 
paragraph (a)(2)(ii) of this section. Television stations and cable 
systems shall comply with the visual message requirements in Sec. 11.51 
of this part. Special EAS tests at the State and Local Area levels may 
be conducted on a day-to-day basis following procedures in State and 
Local Area EAS plans.
    (b) Entries shall be made in the broadcast station or cable system 
records as specified in Sec. 11.54(b)(14) concerning EAS tests received 
and transmitted.


Sec. 11.62  Closed Circuit Tests of National Level EAS facilities.

    (a) Closed Circuit Tests (CCT) of National Level EAS facilities 
shall be conducted on a random or scheduled basis not more than once a 
month and not less than once every three months. Test times will be 
selected by the White House in coordination with participating industry 
personnel, the Federal Emergency Management Agency (FEMA), and the FCC. 
The FCC will notify the participating networks, wire services, cable 
networks and program suppliers and common carriers of the selected time 
window for the test at least four working days (holidays excluded) 
before the test.
    (b) The EAS Operating Handbook and National Control Point 
Procedures contain the CCT procedures.
    (c) The control points of the participating radio and television 
networks, cable networks and program suppliers, wire services and 
common carriers will receive notification of a CCT by a ``Closed 
Circuit Test Activation Message''.
    (d) Test announcements will originate from a point selected by the 
White House with program feed circuitry connected to the telephone 
company Toll Test Center at points coordinated for each test. 
Participating common carriers will connect, as required, the facilities 
of the radio networks and other test participants. Telephone companies 
are not authorized to add any participating independent broadcast 
stations unless authorized by the FCC. Authentication will be provided 
to the Toll Test Center or other program entry location responsible for 
test arrangements. Authentication used in the CCT Message will be the 
test words on the outside of the Red Envelope Authenticator List.
    (e) CCT procedures for radio network affiliates, wire service 
subscribers, and, if participating, television network affiliates and 
cable systems are as follows:
    (1) Notification of a CCT will be disseminated as specified in 
Sec. 11.53 (a)(1) and (a)(3) and the EAS Operating Handbook.
    (2) Recipients immediately monitor their radio network, and if 
participating, their television network or cable system, and check 
their wire service for the receipt of the CCT Activation Message. 
Verify authenticity using the current Red Authenticator List.
    (3) Continue to monitor for the CCT audio talkup and program.
    (4) Enter the time of receipt of the CCT message in the broadcast 
station log or cable system records.
    (5) The CCT terminates on the following aural closing cue in the 
text of the test program: ``This concludes the Closed Circuit Test of 
the EAS.''
    (6) Following the closing cue, wire service subscribers will 
receive a ``Closed Circuit Test Termination Message''. Record the time 
of receipt as indicated above.
    (f) The FCC may request a CCT report in a prescribed format.

PART 73--RADIO BROADCAST SERVICES

    7. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334.

    8. Part 73, Subpart G, is amended by removing Secs. 73.901 through 
73.962, revising the subpart heading, removing all centered headings 
and adding Section 73.900 to read as follows:

Subpart G--Emergency Broadcast System


Sec. 73.900  Cross references.

    The Emergency Broadcast System (EBS) rules have been renamed the 
Emergency Alert System (EAS) and revised. The new EAS rules are 
contained in a new Part 11. Equipment type accepted for EBS use under 
the old Subpart G rules may continue to be used at broadcast stations 
until July 1, 1996, provided that it meets all applicable requirements 
of Part 11.

------------------------------------------------------------------------
                   Old section                          New section     
------------------------------------------------------------------------
73.901...........................................                   11.1
73.902...........................................                   11.1
73.903...........................................                  11.11
73.904...........................................                Removed
73.905...........................................                  11.13
73.906...........................................                  11.12
73.907...........................................                  11.13
73.908...........................................                  11.15
73.909...........................................                  11.16
73.910...........................................                  11.17
73.912...........................................                  11.43
73.913...........................................                  11.18
73.914...........................................                  11.19
73.915...........................................                  11.19
73.916...........................................                  11.19
73.917...........................................                  11.19
73.918...........................................                  11.19
73.919...........................................                  11.20
73.920...........................................               11.21(b)
73.921...........................................                  11.21
73.922...........................................                  11.44
73.926...........................................                  11.41
73.927...........................................                  11.42
73.931...........................................           11.14, 11.53
73.932...........................................    11.35, 11.51, 11.52
73.933...........................................                  11.54
73.935...........................................                  11.55
73.936...........................................                  11.55
73.937...........................................                  11.55
73.940...........................................                  11.32
73.941...........................................                  11.33
73.942...........................................                  11.34
73.943...........................................                  11.34
73.961...........................................                  11.61
73.962...........................................                  11.62
------------------------------------------------------------------------

    9. Section 73.1207 is amended by revising paragraph (b)(1) and 
adding a new paragraph (c)(4) to read as follows:


Sec. 73.1207  Rebroadcasts.

* * * * *
    (b) * * *
    (1) Stations originating emergency communications under a State EAS 
plan are considered to have conferred rebroadcast authority to other 
participating stations.
* * * * *
    (c) * * *
    (4) Emergency communications originated under a State EAS plan.
* * * * *
    10. Section 73.1250 is amended by revising paragraph (c) and 
revising the last sentence of paragraph (h) to read as follows:


Sec. 73.1250  Broadcasting emergency information.

* * * * *
    (c) If the Emergency Alert System (EAS) is activated for a national 
emergency while a Local Area or State emergency operation is in 
progress, the national level EAS operation must take precedence. If, 
during the broadcasting of Local Area or State emergency information, 
the EAS codes or Attention Signal described in Sec. 11.12 of this 
chapter are used, the broadcasts are considered as being carried out 
under a Local Area or State EAS plan.
* * * * *
    (h) * * * However, when an emergency operation is being conducted 
under a national, State or Local Area Emergency Alert System (EAS) 
plan, emergency information shall be transmitted both aurally and 
visually unless only the EAS codes are transmitted as specified in 
Sec. 11.51 of this chapter.
    11. Section 73.1820 is amended by revising paragraph (a)(1)(iii) to 
read as follows.


Sec. 73.1820  Station log.

    (a) * * *
    (1) * * *
    (iii) An entry of each test and activation of the Emergency Alert 
System (EAS) pursuant to the requirement of part 11 of this chapter and 
the EAS Operating Handbook. Stations may keep EAS data in a special EAS 
log which shall be maintained at a convenient location; however, this 
log is considered a part of the station log.
* * * * *
    12. Section 73.3549 is amended by revising the heading and the 
first sentence to read as follows.


Sec. 73.3549  Requests for extension of authority to operate without 
required monitors, indicating instruments, and EAS encoders and 
decoders.

    Requests for extension of authority to operate without required 
monitors, transmission system indicating instruments, or encoders and 
decoders for monitoring and generating the EAS codes and Attention 
Signal should be made to the Engineer in Charge of the Field Office in 
which the station is operating. * * *
* * * * *
    13. Section 73.4097 is amended by revising the heading to read as 
follows:


Sec. 73.4097  EBS (now EAS) attention signals on automated programming 
systems.

* * * * *
    14. The alphabetical index following Part 73 is amended by removing 
the entries for ``EBS (Emergency Broadcast System),'' ``EBS signal 
tests--automated systems,'' and ``Emergency information, 
Broadcasting,'' and adding the following entries:

ALPHABETICAL INDEX--PART 73

* * * * *

E

* * * * *
    EAS (Emergency Alert System--11.1-11.62
    EAS signal test-automated systems--73.4097(*)
* * * * *
    Emergency Alert System (EAS)--11.1-11.62

PART 76--CABLE TELEVISION SERVICE

    15. The authority Citation for Part 76 continues to read:

    Authority: Sec. 2, 3, 4, 301, 303., 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085, 1101; 47 
U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308, 309; 532; 533; 535; 
542; 543; 552; 554, as amended, 106 Stat. 1460.

    16. Section 76.3 is amended by adding a new entry in numerical 
order to read as follows:


Sec. 76.3  Other pertinent rules.

* * * * *
    Part 11--Emergency Alert System (EAS)
* * * * *
    17. Section 76.5 is amended by adding a new paragraph (qq) to read 
as follows:


Sec. 76.5   Definitions.

* * * * *
    (qq) Emergency Alert System (EAS). The EAS is composed of broadcast 
networks; cable networks and program suppliers; AM, FM and TV broadcast 
stations; Low Power TV (LPTV) stations; subject cable systems; and 
other entities and industries operating on an organized basis during 
emergencies at the National, State, or local levels.
    18. Section 76.301 is revised to read as follows:.


Sec. 76.301  Copies of rules.

    The operator of a cable television system shall have a current copy 
of Part 76 and, if subject to the Emergency Alert System (EAS) rules 
contained in Part 11 of this chapter, an EAS Operating Handbook, and is 
expected to be familiar with the rules governing cable television 
systems and the EAS. Copies of the Commission's Rules may be obtained 
from the Superintendent of Documents, Government Printing Office, 
Washington, D.C. 20402, at nominal cost. Copies of the EAS Operating 
Handbook may be obtained from the Commission's EAS staff, in 
Washington, DC.
    19. Section 76.305 is amended by adding a new paragraph (a)(1) and 
adding and reserving paragraph (a)(2) to read as follows:


Sec. 76.305  Records to be maintained locally by cable system operators 
for public inspection.

    (a) * * *
    (1) A record shall be kept of each test and activation of the 
Emergency Alert System (EAS) procedures pursuant to the requirement of 
part 11 of this chapter and the EAS Operating Handbook. These records 
shall be kept for three years.
    (2) [Reserved]
* * * * *

[FR Doc. 94-31317 Filed 12-27-94; 8:45 am]
BILLING CODE 6712-01-M