[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Rules and Regulations]
[Pages 21657-21658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10092]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR PART 11

[DA 00-755]


Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document revises part 11 of the Commission's rules 
governing the Emergency Alert System (EAS) to remove certain rule 
provisions which are obsolete and to make minor editorial revisions.

DATES: Effective April 24, 2000.

FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Enforcement Bureau, 
Technical and Public Safety Division, (202) 418-1454.

SUPPLEMENTARY INFORMATION: This is a summary of the Order of the 
Commission's Managing Director, DA 00-755, adopted on March 31, 2000, 
and released on April 4, 2000. The complete text of this Order is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Courtyard Level, 445 12th Street, 
SW, Washington, D.C., and also may be purchased from the Commission's 
copy contractor, International Transcription Services, Inc., at 202-
857-3800, CY-B400, 445 12th Street, SW, Washington, D.C.
    The Order amends part 11 to remove references to the EAS 
authenticator lists, which have been discontinued by the Commission. 
The EAS authenticator lists were lists of words distributed annually by 
the Commission to the White House Communications Agency (WHCA), the 
Federal Emergency Management Agency (FEMA), and all EAS participants. 
The lists were used by EAS participants to authenticate national-level 
EAS messages prior to activation of the EAS. The Commission 
discontinued the EAS authenticator lists in 1998, after consultation 
with FEMA and WHCA, because the new EAS equipment which must be used by 
broadcast stations and cable operators can process EAS messages 
automatically without the need for human intervention and 
authentication.
    Additionally, the Order removes references to the required weekly 
tests of the old Emergency Broadcast System Attention Signal from the 
part 11 rules because, effective January 1, 1997, broadcast stations 
are no longer required to conduct those tests. Furthermore, the Order 
makes minor editorial revisions to the part 11 rules to reflect the 
shift of responsibility for the EAS from the Commission's Compliance 
and Information Bureau, which has been eliminated, to the recently 
established Enforcement Bureau.
    As the Order merely removes obsolete rule provisions and makes 
minor editorial revisions to the rules, the Commission finds good cause 
to conclude that notice and comment procedures are unnecessary. 5 
U.S.C. 553(b)(3)(B). Since a general notice of proposed rulemaking is 
not required, the Regulatory Flexibility Act does not apply.
    The actions taken in the Order have been analyzed with respect to 
the Paperwork Reduction Act of 1995 and found to impose no new or 
modified reporting and recordkeeping requirements or burdens on the 
public.

List of Subjects in 47 CFR Part 11

    Radio, Television.

Federal Communications Commission.

Andrew S. Fishel,
Managing Director.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 11 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.


Sec. 11.11  [Amended]

    2. Section 11.11 is amended by removing footnotes 4 and 5 in the 
Timetable for Broadcast Stations.


Sec. 11.17  [Removed]

    3. Section 11.17 is removed.

    4. Section 11.21 is amended by revising the introductory text to 
read as follows:

[[Page 21658]]

Sec. 11.21  State and local area plans and FCC mapbook.

    EAS plans contain guidelines which must be followed by broadcast 
and cable personnel, emergency officials and National Weather Service 
(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). State and local plans contain unique methods of EAS message 
distribution such as the use of RBDS. The plans must be reviewed and 
approved by the Chief, Technical and Public Safety Division, 
Enforcement Bureau, prior to implementation to ensure that they are 
consistent with national plans, FCC regulations, and EAS operation.
* * * * *

    5. Section 11.41 is amended by revising paragraph (c) to read as 
follows:


Sec. 11.41  Participation in EAS.

* * * * *
    (c) All sources, including NN, must have immediate access to an 
Operating Handbook. They should contact the FCC to ensure that they are 
on the FCC EAS mailing list.

    6. Section 11.47 is amended by revising paragraph (b) to read as 
follows:


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

* * * * *
    (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 Technical and Public Safety Division, 
Enforcement Bureau, or their State Emergency Communications Committee 
for information and guidance.


Sec. 11.54  [Amended]

    7. Section 11.54 is amended by removing paragraph (b)(2) and 
redesignating paragraphs (b)(3) through (b)(15) as paragraphs (b)(2) 
through (b)(14).

    8. Section 11.55 is amended by revising paragraph (c)(4) to read as 
follows:


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

* * * * *
    (c) * * *
    (4) Broadcast stations, cable systems and wireless 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)(6) and cable 
systems and wireless cable systems must comply with Sec. 11.54(b)(7). 
Broadcast stations providing foreign language programming shall comply 
with Sec. 11.54(b)(8).
* * * * *

    9. Section 11.61 is amended by removing paragraph (a)(2)(i), 
redesignating paragraphs (a)(2)(ii) through (a)(2)(v) as (a)(2)(i) 
through (a)(2)(iv), and revising paragraph (a)(6) to read as follows:


Sec. 11.61  Tests of EAS procedures.

    (a) * * *
    (6) EAS activations and special tests. The EAS may be activated for 
emergencies or special tests at the State or Local Area level by a 
broadcast station, cable system or wireless cable system instead of the 
monthly or weekly tests required by this section. To substitute for a 
monthly test, activation must include transmission of the EAS header 
codes, Attention Signal, emergency message and EOM code and comply with 
the visual message requirements in Sec. 11.51. To substitute for the 
weekly test of the EAS header codes and EOM codes in paragraph 
(a)(2)(i) of this section, activation must include transmission of the 
EAS header and EOM codes. Television stations and cable systems and 
wireless cable systems shall comply with the aural and visual message 
requirements in Sec. 11.51. Special EAS tests at the State and Local 
Area levels may be conducted on a daily basis following procedures in 
State and Local Area EAS plans.
* * * * *

    10. Section 11.62 is amended by revising paragraphs (d) and (e)(2) 
to read as follows:


Sec. 11.62  Closed circuit tests of national level EAS facilities.

* * * * *
    (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.
    (e) * * *
    (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.
* * * * *
[FR Doc. 00-10092 Filed 4-21-00; 8:45 am]
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