[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: 94-31318]


[Federal Register: December 28, 1994]


FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 11, 21, 63 and 76

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


Emergency Broadcast System

AGENCY: Federal Communications Commission.

ACTION: Further notice of proposed rulemaking.

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SUMMARY: This Further Notice of Proposed Rulemaking seeks additional 
information regarding certain aspects of the new Emergency Alert System 
(EAS). In the same document that the Commission issued this Notice, it 
issued a Report and Order which created EAS to replace the Emergency 
Broadcast System (EBS) as a means of using communication facilities to 
alert the public of emergencies. EAS requires cable TV systems in 
addition to broadcast stations to participate, and encourages the 
voluntary participation in EAS by satellite carriers, Direct Broadcast 
Satellite vendors, and public service providers. It also establishes 
new technical standards and operational procedures. This Notice ask 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 are also sought on 
several cable issues such as whether a defined class of small cable 
systems should be exempted from participation in EAS, and how the 
Commission should define small cable systems.

DATES: Comments are due on or before February 22, 1995. Reply comments 
are due on or before March 24, 1995.

ADDRESSES: Comments should be sent to the Office of the Secretary, 
Federal Communications Commission, Washington, DC 20554.

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Further Notice of Proposed Rulemaking in FO Docket 91-171/91-301, 
adopted November 10, 1994, and released December 9, 1994.
    The full text of the Commission's Further Notice of Proposed 
Rulemaking, which is in the same document as a Report and Order, 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 this Notice 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 Further Notice of Proposed Rulemaking

    The Commission issued a Further Notice of Proposed Rulemaking 
(Notice) seeking additional information on certain aspects of the 
Emergency Alert System (EAS). In the same document that the Commission 
issued the Notice, it issued a Report and Order which created the 
Emergency Alert System to replace the Emergency Broadcast System (EBS) 
as a means of using communication facilities to alert the public of 
emergencies. In the Report and Order, the Commission created a new Part 
11 of its rules to regulate the Emergency Alert System. 47 CFR Part 11. 
The Commission in its Notice requested comments on whether the 
Multipoint Distribution Service (MDS), Satellite Master Antenna TV 
(SMATV) systems and Video Dial Tone should be required to participate 
in the Emergency Alert System.
    The Commission also asked for comments concerning whether small 
cable systems should be exempted from participation in EAS and how 
small cable systems should be defined. One option would be to use the 
Small Business Administration's (SBA) definition which defines a small 
cable system as one with less than $11 million in gross revenues. 
Another option would be to define a small system based on the number of 
its subscribers such as no more than 5,000 or 1,000 subscribers, or a 
combination of these criteria. The Commission also asked for comments 
on whether it should exempt all cable systems meeting certain size 
criteria or grant waivers on a case-by-case basis instead. Comments 
were also requested on the costs and benefits of participation by small 
cable systems in EAS. The Commission, moreover, asked whether there are 
alternative sources of emergency information available to small cable 
system subscribers, and whether the Commission should take this into 
consideration in any waiver policy.
    With regard to all cable systems, the Commission requested comments 
whether its Emergency Alert System rules can coexist with local 
regulations governing transmission of emergency communications by cable 
systems, and whether the Commission should preempt the regulation of 
emergency communications by cable systems.
    The Commission, furthermore, proposed to require Multipoint 
Distribution Service (MDS) providers to have an EAS decoder, and to 
provide during an alert (1) an all channel audio message override; (2) 
momentary video interrupt on all channels; (3) at least one video 
message override channel; and (4) either all channel override or an 
alternative means of providing emergency information to hearing 
impaired subscribers. In addition, the Commission asked for comments on 
the appropriate role for MDS providers in EAS; how MDS participation 
should be structured; the costs and benefits of MDS participation in 
EAS; whether any MDS systems, such as smaller systems, should be 
exempted; and if they are required to provide EAS, the timetable for 
MDS participation.
    For Satellite Master Antenna TV (SMATV) systems, the Commission 
requested comments regarding whether their participation in EAS should 
be mandatory or voluntary, and on the costs and benefits of their 
participation. In addition, comments were requested concerning a 
timetable for participation if SMATV systems are required to provide 
EAS.
    The Commission also sought comments on whether Video Dial Tone 
should be subject to EAS requirements, and, if so, whether these 
requirements should be similar to those the Commission mandated for 
cable systems. In discussing the application of EAS to Video Dial Tone, 
comments were requested regarding the similarities and differences 
between Video Dial Tone and cable systems.

Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 applies to this proceeding. 
5 U.S.C. Section 603. If small cable systems, MDS, SMATV and Video Dial 
Tone are required to participate in EAS, they would have to make an 
initial capital investment that could be substantial for some systems. 
They would also be required to keep certain records.

Legal Basis

    This Further Notice of Proposed Rulemaking is issued in accordance 
with Sections 1, 4(i) and (o), 303(r) and 624(g) of the Communications 
Act of 1934, as amended. 47 U.S.C. Sections 151, 154(i) and (o), 303(r) 
and 544(g).

Comment Provision

    In response to this Further Notice of Proposed Rulemaking, 
interested parties may file comments on or before February 22, and 
reply comments may be submitted on or before March 24, 1995. To file 
formally in this proceeding, Docket 91-171/91-301, an original and six 
copies of all comments must be submitted. If each Commissioner is to 
receive a personal copy of comments, an original plus eleven copies 
must be filed. All comments should be sent to the Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. All 
comments will be available for public inspection during regular 
business hours at the FCC's Reference Center (Room 239), 1919 M Street, 
NW., Washington, DC 20554.

Ex Parte Rules

    This is a non-restricted notice and comment rulemaking proceeding. 
Ex parte presentations are permitted, except during the Sunshine Agenda 
period, provided they are disclosed as provided in Commission rules. 
See generally 47 C.F.R. Sections 1.1202, 1.1203 and 1.1206(a).

List of Subjects

47 CFR Part 11

    Emergency alert system.

47 CFR Part 21

    Multipoint distribution service, Television.

47 CFR Part 63

    Telephone.

47 CFR Part 76

    Cable television.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-31318 Filed 12-27-94; 8:45 am]
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