[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Rules and Regulations]
[Page 33753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16177]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[FO Dockets 91-171/91-301; FCC 97-196]
Emergency Broadcast/Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule; Extension of compliance deadline.
-----------------------------------------------------------------------
SUMMARY: This Order extends the deadline for cable TV systems to comply
with the Federal Communications Commission's (FCC) Emergency Alert
System (EAS) rules. In 1994, the FCC adopted rules replacing the
Emergency Broadcast System (EBS) with EAS, and requiring cable TV
systems to participate in EAS by July 1, 1997. However, the FCC is
reviewing issues relating to cable TV's participation in EAS.
Therefore, the compliance date for cable TV systems to install and
operate EAS equipment is extended until a new compliance date is
established by the FCC.
DATES: The Commission will publish a document at a later date
establishing a compliance date.
FOR FURTHER INFORMATION CONTACT: Frank Lucia, Director, Emergency
Communications, Compliance and Information Bureau, (202) 418-1220.
SUPPLEMENTARY INFORMATION:
1. In its Report and Order and Further Notice of Proposed Rule
Making (First R&O), 59 FR 67090 (December 28, 1994),1 the
Commission adopted rules replacing the Emergency Broadcast System (EBS)
with the Emergency Alert System (EAS). The EAS incorporates new
equipment and procedures that provide an efficient digital signalling
protocol and automation of many of the prior manual EBS functions. The
First R&O also established rules to implement Sec. 624(g) of the
Communications Act,2 which provides in pertinent part that
``each cable operator shall comply with such standards as the
Commission shall prescribe to ensure that viewers of video programming
on cable systems are afforded the same emergency information as is
afforded by the emergency broadcasting system. * * * '' 3
The First R&O, accordingly, required all cable systems, irrespective of
size, to participate in the EAS by July 1, 1997.4
---------------------------------------------------------------------------
\1\ Report and Order and Further Notice of Proposed Rule Making,
Amendment of Part 73, Subpart G, of the Commission's Rules Regarding
the Emergency Broadcast System, FO Docket 91-171/91-301, 10 FCC Rcd
1786 (1994).
\2\ Section 624(g) was added to the Communications Act in the
Cable Act of 1992. See Cable Television Consumer Protection and
Competition Act of 1992, Public Law 102-385, Sec. 16(b), 106 Stat.
1460, 1490 (1992) (hereafter Cable Act of 1992). The Cable Act of
1992 required cable systems to participate in the EAS by adding
Secs. (g) to Sec. 624 of the Communications Act of 1934, 47 U.S.C.
Sec. 544(g).
\3\ Section 624(g) of the Communications Act of 1934, as
amended, 47 U.S.C. Sec. 544(g). This provision remained unchanged by
subsequent amendments to the Communications Act. See generally
Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56
(1996) (revising the cable regulatory requirements but leaving
requirements of Sec. 624(g) unchanged).
\4\ First R&O at para. 58.
---------------------------------------------------------------------------
2. As a result of the Commission's concern about the possible
adverse financial impact this action could have on small cable systems,
we sought comment in the Further Notice of Proposed Rule Making on
whether the Communications Act permits the Commission to exempt small
cable systems from participating in EAS or to establish a special
waiver policy for small cable systems. Additionally, in response to the
First R&O, we received comments from the hearing-impaired community
contending that the requirements adopted were inadequate to provide
satisfactory emergency service to hearing impaired
individuals.5 In a Memorandum Opinion and Order, 60 FR 55996
(November 6, 1995), that addressed petitions for reconsideration of the
First R&O, we deferred consideration of the issues raised by the
hearing-impaired community until the Second Report and
Order.6
---------------------------------------------------------------------------
\5\ See Comments of Self Help for Hard of Hearing People
California, February 9, 1995; Comments of Self Help for Hard of
Hearing People, Inc., February 21, 1995; and Comments of the
National Association of the Deaf, Television for All,
Telecommunications for the Deaf, Inc., and the National Center for
Law and Deafness, February 20, 1995.
\6\ Memorandum Opinion and Order, 10 FCC Rcd 11494, pg. 1, n. 3
(1995).
---------------------------------------------------------------------------
3. The Commission has not yet reached a decision regarding the
participation by small cable systems or the requests by the hearing-
impaired community. Should the Commission ultimately decide to amend
the participation in the EAS by small cable systems or to address
concerns of the hard of hearing, some cable systems could be
irreparably harmed by application of Sec. 11.11 of the Commission's
Rules, 47 CFR 11.11, prior to our action in the Second Report and
Order. Therefore, on our own motion and in the public interest, we are
extending the compliance date, previously July 1, 1997, for all cable
systems to install and operate EAS equipment so that compliance with
Sec. 11.11 of the Commission's Rules will not be required until a date
to be specified by the Commission in a subsequent Report and Order in
this proceeding.
4. Accordingly, it is hereby ordered, pursuant to Sec. 1.103(a) of
the Commission's Rules, 47 CFR 1.103(a), that the compliance date of
Sec. 11.11 of the Commission's Rules, which requires all cable systems
to install and operate EAS equipment, is Extended until a new
compliance date is established by the Commission.7
---------------------------------------------------------------------------
\7\ To implement the change in the compliance date, 47 CFR Part
11 is amended as set forth below.
---------------------------------------------------------------------------
Federal Communications Commission.
William F. Caton,
Acting Secretary.
List of Subjects in 47 CFR Part 11
Radio, Television.
Accordingly, 47 CFR Part 11 is amended as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
1. The authority citation for Part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
2. The following note is added at the end of Sec. 11.11:
Sec. 11.11 The Emergency Alert System (EAS).
* * * * *
Note: Compliance by Cable Systems with the July 1, 1997 date
specified in this section is extended until a date to be specified
by the Commission and published in the Federal Register.
[FR Doc. 97-16177 Filed 6-20-97; 8:45 am]
BILLING CODE 6712-01-P