[Federal Register Volume 60, Number 214 (Monday, November 6, 1995)]
[Rules and Regulations]
[Pages 55996-56000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27201]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 11 and 73

[FO Docket Nos. 91-171/91-301; FCC 95-420]


Emergency Broadcast/Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Memorandum Opinion and Order addresses petitions for 
reconsideration of the Federal Communications Commission's (FCC) 
Emergency alert System rules (EAS). These rules were approved by the 
FCC in 1994 to replace the Emergency Broadcast System (EBS). The 
purpose of EAS is to improve emergency warnings and information using 
broadcast stations and cable systems. The Memorandum Opinion and Order 
makes some changes requested by the petitions and denies others, and 
amends a number of the EAS rules.

EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT:
EAS Staff, Compliance and Information Bureau, (202) 418-1220.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order in FO Dockets 91-171/91-301, adopted 
October 4, 1995, and released October 23, 1995.
    The full text of this Commission Memorandum Opinion 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 the Memorandam Opinion and 
Order may also 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 Memorandum Opinion and Order

    The Federal Communications Commission (FCC) adopted a Memorandum 
Opinion and Order addressing petitions for reconsideration of its 
Emergency Alert System (EAS) rules. 47 CFR part 11. These rules were 
approved by the Commission on November 10, 1994, in a Report and Order 
which replaced the Emergency Broadcast System (EBS) with EAS. 59 FR 
67090 (Dec. 28, 1994). The purpose of EAS is to use various 
communications technologies, such as broadcast stations and cable 
systems, to alert the public regarding national, state and local 
emergencies. EAS, compared to EBS, includes more sources capable of 
alerting the public and specifies new equipment standards and 
procedures to improve alerting capabilities.
    Petitions for reconsideration were submitted by Data Broadcasting 
Corporation, Sage Alerting Systems, Inc., Federal Signal Corporation, 
Delco Electronics Corporation, and the national Association of 
Broadcasters. Also received were comments, oppositions to the petitions 
for reconsideration, and replies to the oppositions.
    The petition for reconsideration raised three major issues. The 
first involved the Radio Broadcast Data System (RBDS). RBDS may be used 
to send emergency warnings on the subcarrier of FM broadcast stations. 
The Commission in its 1994 EAS Report and Order encouraged the use of 
RBDS, but did not require it. Several petitions for reconsideration 
requested that the FCC adopt rules specifying technical standards for 
RBDS. The Commission in its Memorandum Opinion and Order declined to 
establish standards since the use of RBDS is voluntary and mandated 
standards would impede technological advances and innovation.

[[Page 55997]]

    The second major issue concerned the present EAS requirement that 
cable systems provide video interruption and an audio EAS message on 
all channels. The National Association of Broadcasters claimed in its 
petition for reconsideration that this violated the Copyright Act and 
the Commission's ``must carry'' rules since they prohibit cable systems 
from altering broadcast programming retransmitted on their systems. The 
Commission responded that there was no conflict, and the EAS 
requirement was permissible. The Commission further pointed out that 
the Cable TV Act of 1992 requires cable systems to provide emergency 
information.
    The National Association of Broadcasters also requested that the 
Commission postpone its deadline for broadcasters to install EAS 
equipment from July 1, 1996, to July 1, 1997. The Commission agreed to 
delay implementation until January 1, 1997.
    The petitions for reconsideration and related comments also 
requested a number of minor changes and clarifications in the EAS 
rules. The Commission agreed to many, but not all, of the requested 
changes. The rules that were changed in Part 11 (47 CFR Part 11) of the 
FCC's rules are as follows:

--Section 11.33(a)(9). To avoid dead air during automated operation, 
EAS decoders, after receive in an EAS header code, are required to 
reset automatically if an End of Message (EOM) code is not received. 
Reset time may not be less than two minutes.
--Section 11.33(a)(5). Clarifies the requirement that EAS decoders are 
required to have a distinct and separate aural or visible means to 
indicate when one of three listed conditions occurs such as the receipt 
of a valid EAS header code.
--Section 11.34(c). Specifies that the required FCC equipment 
authorization for combined EAS encoder/decoder devices is certification 
instead of notification.
--Sections 11.51(1) (redesignated as Section 11.51(j) in the 
amendments) and 11.52(e) are clarified, but not amended, by the 
Memorandum Opinion and Order to reflect that EAS encoders and decoders 
must be preprogrammed to transmit and accept eight event/originator 
codes automatically with any possible combination of location codes 
that are pertinent to the receiving station's coverage area or cable 
system's community.

    The mandatory event codes are EAN (Emergency Action Notification), 
EAT (Emergency Action Termination), RMT (Required Monthly Test) and RWT 
(Required Weekly Test). The mandatory originator codes are EAN 
(Emergency Action Notification Network) and CIV (Civil Authorities) for 
EAN and EAT event codes, and EAS (Broadcast Station or Cable System) 
and CIV for the RMT and RWT event codes.

--Section 11.11. A note is added to this Section to make it clear that 
FM translators are not required to have EAS equipment.
--Section 11.21. Because of concern that state and local officials 
might misuse EAS, Section 11.21 of the rules is clarified so that only 
procedures in state and local plans will be followed in EAS, and these 
plans must be approved by the FCC's Compliance and Information Bureau. 
The FCC will monitor the operation of EAS and publish a report before 
July, 1 1998.

    In addition, the FCC agreed to discuss with the Federal Emergency 
Management Agency (FEMA) the possibility of financial assistance to 
participants in implementing EAS.
    The Commission declined to make several other requested rule 
changes. The Commission, though, on its own made some minor revisions 
and clarifications of its rules.
    The amended rules become effective December 6, 1995. Furthermore, 
the Commission will begin to accept applications from manufacturers of 
EAS devices for FCC equipment authorization, namely, certification, 
fourteen days after the amended EAS rules are released.

Rule Clarifications

    The Commission has received numerous informal questions and 
requests for clarification or correction of the rules. We will provide 
interpretations and clarifications to the extent that the issues raised 
do not go beyond the scope of the Report and Order or make substantive 
changes to the decisions embodied in the Report and Order:

--Section 0.311(g) states that the zip code is 20054. This is amended 
to be 20554.
--Section 11.11(b) states class D non-commercial FM and LPTV stations 
are not required to comply with Section 11.32. This is amended to state 
that they are not required to have or operate encoders which are 
defined in Section 11.32.
--Section 11.31(a)(1) states that EAS characters are seven-bit ASCII. 
This is amended to state that an eighth null bit is included for 
transmission of a full eight-bit byte.
--Section 11.31(b) states that call signs that use a dash must instead 
use a backslash in the EAS header code. This is amended to specify that 
ASCII character 47 is the proper character for the backlash.
--Section 11.31(c) gives an example of the EAS protocol that has a 
minor typographical error as printed in the Federal Register. This is 
corrected to replace a ``+'' sign with a ``-'' sign.
--Section 11.33(a)(3)(i) states that decoders must provide a means to 
record and store at least two minutes of audio or text messages. This 
is clarified to state that the audio or text storage can be internal or 
external to the decoder device. If no internal means for recording and 
storing is manufactured internal to the decoder, then some means to 
couple to an external device, such as an audio or digital jack 
connection, must be supplied on the decoder.
--Section 11.33(a)(3)(ii) states that decoders must provide a means to 
store a minimum of 10 preselected header codes. We clarify this rule to 
specify that the decoder must store ten preselected event and 
originator code combinations in addition to the eight mandatory code 
combinations of tests and national activations. Also, we specify that 
the decoder must store location codes pertaining to the broadcast 
station coverage areas or the cable system's community in addition to 
event and originator codes.
--Section 11.33(a)(11) states that header codes with an EAN Event code 
that is received by the two decoder audio inputs must be able to 
override all other EAS messages. This is amended to state that EAN 
Event codes received by any of the decoder audio inputs must override 
all other EAS messages, as it is possible that manufacturers may create 
decoders with more than two audio inputs.
--Section 11.33(b)(2) states that the tolerance of the two-tone 
frequencies in the decoder are 0.5 Hz above or below nominal. This is 
corrected to state the tolerance is 5 Hz.
--Section 11.51(b) states that broadcast stations may transmit only the 
EAS header and end-of-messages codes without the Attention Signal. This 
is amended by adding a sentence stating that no Attention Signal is 
warranted if the EAS message does not contain audio programming, such 
as a Required Weekly Test.
--Section 73.1250(h) refers to Section 11.51 of the EAS rules. This is 
amended to the more specific reference, Section 11.51(b).

[[Page 55998]]


Legal Basis

    The Memorandum Opinion and Order is issued under the authority 
contained in Sections 1, 4 (i) and (o), 303(r), 624(g), and 706 of the 
Communications Act of 1934, as amended. 47 U.S.C. 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.

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

Rule Amendments

    Parts 0, 11, and 73 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 0.311 is amended by revising paragraph (g) 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 20554. 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.
* * * * *

PART 11--EMERGENCY ALERT SYSTEM (EAS)

    3. The authority citation for Part 11 continues to read as follows:

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

    4. Section 11.11 is amended by revising paragraphs (a) and (b) to 
read as follows:


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                                                             
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             Requirement                      Until 7/1/95                    7/1/95                       1/1/97                       1/1/98          
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Two-tone/encoder timing.............  20-25 seconds..............  8-25 seconds...............  8-25 seconds...............  8-25 seconds.\1\           
Two-tone decode timing..............  8-16 seconds required......  All decoders at 3-4 seconds  3-4 seconds................  Two-tone decoder no longer 
                                      3-4 seconds optional.......                                                             used.                     
Digital decoder and encoder.........  Use is optional............  Use is optional............  Use is required............  Use is required.           
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                              Cable Systems                             
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         Requirement              Until 7/1/97           7/1/97 \2\     
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Two-tone signal from storage  Use is optional, 8-   Use is required, 8- 
 device.\1\.                   25 seconds.           25 seconds.        
Digital decoder and encoder.  Use is optional.....  Use is required.\2\ 
------------------------------------------------------------------------
\1\ Two-tone singal 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. FM translator stations are exempt from the requirement 
  to have EAS equipment.                                                


                                                    EAS Timetable and Requirements Broadcast Stations                                                   
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            Requirement                       AM                      FM                  FM Class D                  TV                  LPTV \1\      
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Two-tone decoder (until 1/1/98)...  Y                       Y                       Y                       Y                      Y                    
Two-tone encoder..................  Y                       Y                       N                       Y                      N                    
Digital decoder (1/1/97)..........  Y                       Y                       Y                       Y                      Y                    
Digital encoder (1/1/97)..........  Y                       Y                       N                       Y                      N                    
Audio message (1/1/97)............  ......................  Y                       Y                       Y                      YY                   
Video message (1/1/97)............  ......................  ......................  ......................  .....................  YY                   
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[[Page 55999]]
                              Cable Systems                             
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                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    Y \3\                      
 message on one channel (7/1/97).                                       
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\1\ LPTV stations that operate as television broadcast translator       
  stations are exempt from the requirement to have EAS equipment.       
\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 have or operate EAS 
encoders as defined in Sec. 11.32. LPTV stations that operate as 
television broadcast translator stations, as defined in Sec. 74.701(b) 
of this chapter are not required to comply with the requirements of 
this part. FM broadcast booster stations as defined in Sec. 74.1201(f) 
of this chapter and FM translator stations as defined in 
Sec. 74.1201(a) of this chapter which entirely rebroadcast the 
programming of other local FM broadcast stations are not required to 
comply with the requirements of this part.
 * * * * *
    5. Section 11.12 is revised to read as follows:


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 of this chapter may be used by broadcast stations until January 
1, 1998, provided that such equipment meets the requirements of 
Sec. 11.32(a)(9) and 11.33(b). Effective January 1, 1998, 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.
    6. Section 11.21 is amended by revising the introductory text to 
read as follows:


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

    EAS plans contain guidelines which must be followed by broadcast 
personnel, emergency officials and NWS personnel to activate the EAS. 
The plans include the EAS header code and messages that will be 
transmitted by key EAS sources (NP, LP, SP, and SR). State and local 
plans may contain unique methods of EAS message distribution such as 
the use of RBDS. The plans must be reviewed and approved by the Chief, 
Compliance and Information Bureau prior to implementation to ensure 
that they are consistent with national plans, FCC regulations, and EAS 
operation.
* * * * *
    7. Section 11.31 is amended by revising paragraphs (a)(1), (b) and 
(c) to read as follows:


Sec. 11.31  EAS protocol.

    (a) * * *
    (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 ending with an eighth null bit 
(either 0 or 1) to constitute a full eight-bit byte.
* * * * *
    (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 
number 47 (/) 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.

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[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)

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* * * * *
    8. Section 11.33 is amended by revising paragraphs (a)(3)(i), 
(a)(3)(ii), (a)(5) introductory text, (a)(5)(ii), (a)(9), (a)(11) and 
paragraph (b)(2) to read as follows:


Sec. 11.33  EAS Decoder.

    (a) * * *
    (3) * * *
    (i) Record and store, either internally or externally, at least two 
minutes of audio or text messages. A decoder manufactured without an 
internal means to record and store audio or text must be equipped with 
a means (such as an audio or digital jack connection) to couple to an 
external recording and storing device.
    (ii) Store at least 10 preselected event and originator header 
codes, in addition to the eight mandatory event/originator codes for 
tests and national activations, and store any preselected location 
codes for comparison with incoming header codes. A non-preselected 
header code that is manually transmitted must be stored for comparison 
with later incoming header codes. The header codes of the last ten 
received valid messages which still have valid time periods must be 
stored for comparison with the incoming valid header codes of later 
messages. These last received header codes will be deleted from storage 
as their valid time periods expire.
* * * * *
    (5) Indicators. EAS decoders must have a distinct and separate 
aural or visible means to indicate when any of the following conditions 
occurs:
    (i) * * *
    (ii) Preprogrammed header codes, such as those selected in 
accordance with Sec. 11.52(d)(2) are received.
* * * * *
    (9) Reset. There shall be a method to automatically or manually 
reset the decoder to the normal monitoring condition. Operators shall 
be able to select a time interval, not less than two minutes, in which 
the decoder would automatically reset if it received an EAS header code 
but not an end-of-message (EOM) code. 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 paragraph (a)(4) of this 
section before the decoder is reset.
* * * * *
    (11) A header code with the EAN Event code specified in 
Sec. 11.31(c) that is received through any of the audio inputs must 
override all other messages.
    (b) * * *

[[Page 56000]]

    (2) Operation Bandwidth. The decoder circuitry shall not respond to 
tones which vary more than 5 Hz from each of the 
frequencies, 853 Hz and 960 Hz.
* * * * *
    9. Section 11.34 is amended by revising paragraph (c) to read as 
follows:


Sec. 11.34  Acceptability of the equipment.

* * * * *
    (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 Certified as a single unit provided that the 
unit complies with all specifications in this rule section.
* * * * *
    10. A new Section 11.47 is added to read as follows:


Sec. 11.47  Optional use of other communications methods and systems.

    (a) Broadcast stations may additionally transmit EAS messages 
through other communications means than the main audio channel. For 
example, on a voluntary basis, FM stations may use subcarriers to 
transmit the EAS codes including 57 kHz using the RBDS standard 
produced by the National Radio Systems Committee (NRSC) and television 
stations may use subsidiary communications services.
    (b) Other technologies and public service providers, such as 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.
* * * * *
    11. Section 11.51 is amended by revising the third sentence of 
paragraph (a), adding a new sentence at the end of paragraph (b), 
revising paragraph (c), removing paragraphs (f) and (i), and 
redesignating the remaining paragraphs in alphabetical order to read as 
follows:


Sec. 11.51  EAS code and Attention Signal Transmission requirements.

    (a) * * * After January 1, 1998, the shortened Attention Signal may 
only be used as an audio alert signal and the EAS codes will become the 
minimum signalling requirement for National level messages and tests.
    (b) * * * No Attention Signal is warranted for EAS messages that do 
not contain audio programming, such as a Required Weekly Test.
    (c) Effective January 1, 1997, all radio and television stations 
shall transmit EAS messages in the main audio channel.
* * * * *
    12. Section 11.52 is amended by revising paragraph (a) to read as 
follows:


Sec. 11.52  EAS code and Attention Signal Monitoring requirements.

    (a) Before January 1, 1998, broadcast stations must be capable to 
receiving the Attention Signal required by Sec. 11.32(a)(9) and 
emergency messages of other broadcast stations during their hours of 
operation. Effective January 1, 1997, 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 to paragraph (a). After January 1, 1998, the two-tone 
Attention Signal will not be used to actuate two-tone decoders but 
will be used as an aural alert signal.
* * * * *
    13. Section 11.61 is amended by revising paragraphs (a)(1)(i), 
(a)(2)(i), and (a)(2)(ii)(A) to read as follows:


Sec. 11.61  Tests of EAS procedures.

    (a) * * *
    (1) * * *
    (i) Effective January 1, 1997, AM, FM and TV stations.
* * * * *
    (2) * * *
    (i) Attention Signal. Until January 1, 1997, 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) * * *
    (A) Effective January 1, 1997, AM, FM and TV stations must conduct 
tests of the EAS header and EOM codes at least once a week at random 
days and times.
* * * * *

PART 73--BROADCAST RADIO SERVICES

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

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

    15. Section 73.900 is amended by revising the third sentence to 
read as follows:


Sec. 73.900  Cross references.

    * * * Equipment type accepted for EBS use under the old Subpart G 
rules may continue to be used at broadcast stations until January 1, 
1998, provided that it meets all applicable requirements of Part 11 of 
this chapter.
* * * * *
    16. Section 73.1250 is amended by revising the last sentence of 
paragraph (h) to read as follows:


Sec. 73.1250  Broadcasting emergency information.

* * * * *
    (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(b) of this chapter.

[FR Doc. 95-27201 Filed 11-3-95; 8:45 am]
BILLING CODE 6712-01-M