[Federal Register Volume 66, Number 236 (Friday, December 7, 2001)]
[Notices]
[Page 63544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30341]


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FEDERAL COMMUNICATIONS COMMISSION

[EB 01-66; DA 01-2775]


Emergency Alert Systems

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission has received an ex parte submission from the 
Media AccessProject regarding the use of Emergency Alert System (EAS) 
decoders at low power FM broadcast stations. The Commission also 
received an ex parte submission jointly filed by the National Cable & 
Telecommunications Association, the National Association of the Deaf 
and the Telecommunications for the Deaf regarding the use of EAS 
decoders at small cable television systems. The Commission requests 
specific information regarding these requests to assist it in reaching 
an informed decision.

DATES: Comments are due on or before December 24, 2001.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
TW-A325, 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: George Dillon of the Enforcement 
Bureau at (202) 418-1215 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Media Access Project (MAP) submitted an 
ex parte presentation regarding the use of certified Emergency Alert 
System (EAS) decoders at low power FM broadcast stations. The National 
Cable & Telecommunications Association, the Telecommunications for the 
Deaf, Inc. and the National Association of the Deaf (NCTA/NAD) 
submitted an ex parte presentation regarding the use of Emergency Alert 
System (EAS) decoders in connection with the Commission's Notice of 
Proposed Rule Making, Amendment of Part 11 of the Commission's Rules 
Regarding the Emergency Alert System, EB Docket No. 01-66.
    MAP notes that the Commission adopted rules in the Low Power FM 
proceeding that recognized the budgetary constraints under which low 
power FM stations would operate and permitted low power FM station to 
install a FCC certified EAS decoder in lieu of an EAS encoder/decoder. 
MAP states that when the Commission adopted this requirement it 
recognized that FCC certified EAS decoders were not available, but 
expected certified decoders to become available at a cost similar to 
non-certified decoders. MAP states that there are no certified EAS 
decoders available and that it does not believe that they will become 
available at a reasonable price. In this regard, MAP indicates that the 
cost of a certified decoder would likely be at or near the cost of a 
certified EAS encoder/decoder. MAP requests that the FCC consider 
alternatives to the EAS requirement for Low Power FM stations, such as 
temporarily exempting low power FM stations from the requirement to 
install EAS decoders.
    NCTA/NAD filed a joint ex parte submission requesting that the 
Commission permit small cable systems to use EAS decoders rather than 
an EAS encoder/decoder. NCTA/NAD state that the use of an EAS decoder 
could serve as an alternative to the Commission's EAS rules for cable 
systems that serve fewer than 5,000 subscribers and will meet the 
``best practices'' procedures that the Commission agreed to consider in 
the Second Report and Order amending the EAS rules.
    We seek to supplement the record in this docket with respect to 
MAP's request for alternative arrangements for EAS alerting and NCTA/
NAD's request that small cable systems be permitted to install an EAS 
decoder as an alternative to the requirements of section 11.11 of the 
Commission's rules for small cable systems. We also seek specific 
comment from EAS manufacturers about the likelihood that they will 
manufacture and certify an EAS decoder. The date by which a FCC 
certified decoder would likely be available for purchase and the cost 
of any such decoder.
    We note that small cable systems are required to install EAS 
encoder/decoders by October 1, 2002. This request for supplemental 
comment on the NCTA/NAD ex parte submission does not alter that 
requirement.
    Interested parties may file comments concerning this matter on or 
before December 24, 2001. All filings must reference EB Docket No. 01-
66 and should be sent to Magalie Roman Salas, Secretary, Federal 
Communications Commission, TW-A325, 445 12th Street, SW., Washington, 
DC 20554. Two copies should also be sent to the Technical and Public 
Safety Division, 445 12th Street, SW., Suite 7-C802, Washington, DC, 
20554. Comments may also be filed using the Commission's Electronic 
Comment Filing System (ECFS). Comments filed through the ECFS can be 
sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission 
must be filed. In completing the transmittal screen, electronic filers 
should include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To receive filing instructions 
for e-mail comments, commenters should send an e-mail to [email protected], 
and should include the following words in the body of the message, 
``get form your e-mail address>.'' A sample form and directions will be 
sent in reply. This is a ``permit but disclose'' proceeding pursuant to 
section 1.1206 of the Commission's rules. Presentations to or from 
Commission decision-making personnel are permissible provided that ex 
parte presentations are disclosed pursuant to section 1.1206(b) of the 
Commission's rules.
    The full text of the comments is available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC, 20554. The documents may also be purchased from the 
Commission's duplicating contractor, Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 
202-863-2893, facsimile 202-863-2898, or via e-mail [email protected]. 
A copy of the requests from MAP and NCTA/NAD may also be viewed online 
at the FCC's E-filing System located at http://gullfoss2.fcc.gov/cgi-bin/ws.exe/prod/ecfs/comsrchv.hts by typing EB 01-66 in the Proceeding 
Block and clicking on Retrieve Document.

Federal Communications Commission.
David H. Solomon,
Chief, Enforcement Bureau.
[FR Doc. 01-30341 Filed 12-6-01; 8:45 am]
BILLING CODE 6712-01-P