[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Proposed Rules]
[Pages 15806-15808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8500]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[FO Docket No. 91-171, 91-301; FCC 98-33]


Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Second Further Notice of Proposed Rule Making seeks 
comment regarding proposed rules that would prohibit cable systems from 
overriding local broadcaster's emergency related programming with 
voluntary state and/or local level Emergency Alert System (EAS) 
messages. The Commission also seeks to insure that EAS rules will allow 
members of the public to receive the most current and accurate 
emergency information possible, whether the information is originated 
by a cable operator, or an over the air broadcast station.
    Cost information related to the purchase and installation of 
selective channel override equipment at cable systems is requested. 
Cable systems may need to install this equipment if rules requiring 
local broadcasters emergency programming be uninterrupted by cable 
systems EAS warnings are adopted. The Commission requests comment as to

[[Page 15807]]

who should bear cost related to this additional switching equipment.

DATES: Comments due by April 20, 1998; Reply comments due by May 5, 
1998.

ADDRESSES: To file formally in this proceeding, you must file an 
original and four copies of all comments, reply comments, and 
supporting comments. If you want each Commissioner to receive a 
personal copy of your comments, you must file an original plus nine 
copies. You should send comments and reply comments to the Office of 
the Secretary, Federal Communications Commission, Washington, D.C. 
20554. Formal and informal comments and reply comments will be 
available for public inspection during regular business hours in the 
FCC Reference Center of the Federal Communications Commission, Room 
239, 1919 M Street, NW., Washington, D.C. 20554

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Second Further Notice of Proposed Rule Making in FO Dockets 91-171/91-
301, adopted March 4, 1998, and released March 19, 1998.
    The full text of this Second Further Notice of Proposed Rule Making 
is available for inspection and copying during normal business hours in 
the FCC's Public Reference Center (Room 239), 1919 M Street, NW., 
Washington, D.C. 20554. The complete text may also be purchased from 
the Commission's duplication contractor, International Transcription 
Service, Inc., 1231 20th Street, NW, Washington, D.C. 20336; phone: 
(202) 857-3800, facsimile: (202) 857-3805.

Synopsis of Second Further Notice of Proposed Rule Making

    The FCC adopted a Second Further Notice of Proposed Rule Making 
requesting comment regarding rules that would require cable systems to 
prevent the interruption of local broadcast station emergency 
programming when activating their EAS equipment during voluntary state 
and/or local activations.
    EAS replaced the Emergency Broadcast System (EBS), and uses 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.
    In 1994, the Commission issued a Report and Order (59 FR 67090; 
December 28, 1994) in this proceeding dealing largely with the 
participation by broadcast stations in EAS, but also directing that 
wired cable TV systems participate, and specifying the nature of this 
participation. The Report and Order added a new Part 11 to the FCC's 
rules containing EAS regulations. At the same time, the Commission 
issued a Further Notice of Proposed Rule Making (FNPRM) (59 FR 67104; 
December 28, 1994). The Second Report and Order (Second R&O) modified 
the requirements in the Report and Order applying to cable systems and 
addressed issues raised in the FNPRM. The Second R&O established dates 
that phase cable systems into EAS participation. This phase in process 
was done in order to ease the economic burden that EAS and related 
equipment impose on cable systems that serve less than 5,000 
subscribers.
    The Second Further Notice of Proposed Rule Making seeks comment 
regarding amending Commission rules to insure that the public has 
access to the most accurate and relevant emergency information 
available. Many broadcast television stations maintain independent news 
and weather gathering facilities and personnel that may provide the 
public with emergency information. Any state or local information 
provided by these station resources may then be transmitted to the 
public as part of the station's programming and is not required to be 
sent via an EAS activation. The EAS rules require activations only in 
the event of a national emergency or for testing purposes.
    On December 31, 1998, cable systems are scheduled to begin 
participation in EAS. Cable headend facilities, in many instances, 
operate in an automated or unattended manner often without news or 
weather department support. Commission rules currently require most 
cable systems to place an aural and visual message on all channels 
transmitting programming, including broadcast channels that are carried 
on that system, when activating the EAS equipment. Cable systems 
serving less than 5,000 subscribers per headend are required to place a 
visual interruption on all channels in order to alert viewers of the 
presence of an EAS alert on an information channel. This information 
channel will transmit the audio and visual EAS message to the cable 
viewers. The Commission has also established rules that allow cable 
systems to enter into written agreements with broadcasters that relieve 
the cable operator from providing EAS messages on the channels of the 
cable system used to transmit broadcast stations.
    The Commission, noting concerns raised by broadcasters, requests 
comment regarding the rules regarding broadcast channel overrides. We 
seek to determine if allowing the establishment of written agreements 
will allow cable subscribers viewing broadcast stations efficient 
access to emergency information. We also ask if the Commission should 
establish specific guidelines that broadcast stations must comply with 
in order to avoid channel overrides resulting from EAS messages sent by 
a cable system. The Commission is also requesting cost information 
related to the purchase and installation of selective override 
equipment at cable facilities. Finally, the Commission requests comment 
on which party should bear any additional cost of this equipment, the 
broadcaster, the cable system or a combination of the two.

Paperwork Reduction Act of 1995

    This Second Further Notice of Proposed Rule Making does not contain 
either a proposed or modified information collection.

Regulatory Flexibility Analysis

    As required by section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. Written public comments are requested on 
the IRFA. We also seek comment on the number of entities affected by 
the proposed rules that are small businesses, and request that 
commenters identify whether they themselves are small businesses. These 
comments must be filed in accordance with the same filing deadlines as 
comments on the rest of the Second Further Notice of Proposed Rule 
Making, but they must have a separate and distinct heading designating 
them as responses to the Initial Regulatory Flexibility Analysis.

Legal Basis

    The Second Further Notice of Proposed Rule Making is issued under 
the authority contained in Sections 4(i), 4(j), 303(r), 624(g) and 706 
(c) of the Communications Act of 1934, as amended, 47 U.S.C. 
Secs. 154(i), 154(j), 303(b), 303(r), 544(g) and 706(c).

List of Subjects in 47 CFR Part 11

    Emergency alert system.


[[Page 15808]]


Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-8500 Filed 3-31-98; 8:45 am]
BILLING CODE 6712-01-F