[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Rules and Regulations]
[Pages 18502-18512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8557]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 01-66; FCC 02-64]


Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends part 11 of the rules to revise the 
technical and operational requirements for the Emergency Alert System 
(EAS). Many of the amendments are intended to enhance the capabilities 
and performance of the EAS during state and local emergencies, which 
will promote public safety. This document also amends the EAS rules to 
make compliance with the EAS requirements less burdensome for broadcast 
stations, cable systems and wireless cable systems and to eliminate 
rules which are obsolete or no longer needed.

DATES: Effective May 16, 2002.

FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Enforcement Bureau, 
Technical and Public Safety Division, at (202) 418-7454.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), FCC 02-64, in EB Docket No. 01-66, adopted on February 
22, 2002, and released on February 26, 2002. The complete text of this 
R&O is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, 445 12th Street, SW., 
Room CY-A257, Washington, DC, and may be purchased from the 
Commission's copy contractor, Qualex International, 445 12th Street, 
SW., Room CY-B402, Washington, DC, (202) 863-2893. The complete text 
may also be downloaded from the Commission's Internet site at http://www.fcc.gov.

I. Synopsis of the Report and Order

    1. In this R&O, the Commission amends part 11 of the rules to 
revise the technical and operational requirements for the EAS. 
Specifically, we amend part 11 to (1) add new state and local event 
codes and new location codes; (2) permit broadcast stations and cable 
systems to program their EAS equipment to selectively display and log 
state and local EAS messages; (3) increase the period within which 
broadcast stations and cable systems must retransmit Required Monthly 
Tests (RMTs) from 15 to 60 minutes from the time of receipt of the RMT; 
(4) revise the minimum required modulation level of EAS codes; (5) 
permit broadcast stations to air the audio of a presidential EAS 
message from a non-EAS source; (6) eliminate references to the now-
defunct Emergency Action Notification (EAN) network; (7) eliminate the 
requirements that international High Frequency (HF) broadcast stations 
purchase and install EAS equipment and cease broadcasting immediately 
upon receipt of a national-level EAS message; (8) exempt satellite/
repeater broadcast stations which rebroadcast 100% of the programming 
of their hub station from the requirement to install EAS equipment; (9) 
authorize cable systems serving fewer than 5,000 subscribers to meet 
the October 1, 2002 deadline by installing FCC-certified EAS decoders, 
to the extent that such decoders may become available, rather than both 
encoders and decoders; and (10) provide that low power FM stations need 
not install FCC-certified EAS decoders until one year after any such 
decoders are certified by the Commission.
    2. In March 2001, the Commission issued a Notice of Proposed 
Rulemaking (NPRM), 66 FR 16897, March 28, 2001, to seek comment on 
various revisions to technical and operational EAS requirements 
requested in petitions for rulemaking filed by the NOAA National 
Weather Service (NWS) and the Society of Broadcast Engineers. The NPRM 
also proposed to revise the EAS rules to eliminate obsolete references 
to the EAN network and its participants and to delete the requirement 
that international HF broadcast stations purchase and install EAS 
equipment.

EAS Codes

    3. The R&O amends the part 11 rules to add new state and local 
event codes for emergency conditions not covered by the existing rules 
and to add new marine area location codes. We agree with commenters 
that adding the new event codes and location codes will improve and 
expand the capabilities of EAS and thereby promote public safety. 
However, we will not require broadcast stations and cable systems to 
upgrade their existing EAS equipment to incorporate the new codes. 
Rather, we will permit broadcast stations and cable systems to upgrade 
their existing EAS equipment to add the new event codes on a voluntary 
basis until it is replaced. This approach recognizes that participation 
in EAS at the state and local levels is voluntary and that imposing 
additional costs or burdens on broadcast stations and cable systems may 
have the unintended effect of discouraging voluntary participation in 
state and local EAS activities.
    4. We will require that all existing and new models of EAS 
equipment manufactured after August 1, 2003 be capable of receiving and 
transmitting the new event codes and location codes. In addition, 
broadcast stations and cable systems which replace their EAS equipment 
after February 1, 2004 will be required to install EAS equipment that 
is capable of receiving and transmitting the new event codes and 
location codes. Thus, after February 1, 2004, broadcast stations and 
cable systems may not replace their existing EAS equipment with used 
equipment or older models of equipment that has not been upgraded to 
incorporate the new codes. This will ensure that all

[[Page 18503]]

broadcast stations and cable systems have the capability to receive and 
transmit the new codes when their EAS equipment is replaced.

EAS Equipment

    5. The R&O amends part 11 to permit broadcast stations and cable 
systems to program their EAS equipment to preselect which EAS messages 
containing state and local event codes they wish to display and log. We 
agree with commenters that permitting selective logging and displaying 
of state and local EAS messages will greatly enhance EAS. It will 
relieve EAS participants from the burden of logging unwanted messages, 
e.g., messages that do not apply to a participant's service area or 
messages concerning events which the participant has decided not to 
transmit. Additionally, it will enable NWS to broadcast non-alerting 
messages, conduct tests, and perform system administration and control 
functions without impacting EAS participants which monitor National 
Weather Radio transmissions.
    6. Broadcast stations and cable systems may upgrade their existing 
EAS equipment to include the selective displaying and logging 
capability on an optional basis until the equipment is replaced. All 
existing and new models of EAS equipment manufactured after August 1, 
2003 must be capable of selectively displaying and logging messages 
with state and local event codes. Broadcast stations and cable systems 
which replace their EAS equipment after February 1, 2004 must install 
EAS equipment that is capable of selectively displaying and logging EAS 
messages with state and local event codes. We emphasize that this 
selective displaying and logging feature applies only to state and 
local events. EAS equipment must continue to display and log all 
national EAS messages and all required weekly and monthly tests.

EAS Testing

    7. The R&O amends part 11 as proposed in the NPRM to increase the 
time for retransmitting RMTs from 15 minutes to 60 minutes from the 
time of receipt of the RMTs. We agree with commenters that a longer 
relay window will provide EAS participants more flexibility to insert 
the RMT message into the program schedule without disruption. Moreover, 
we do not believe that increasing the relay window for RMTs will 
compromise the ability of the EAS to deliver a real EAS message in a 
timely manner.

Modulation Level of EAS Codes

    8. The R&O amends the part 11 rules to require that the modulation 
level of EAS codes be at the maximum possible level, but in no case 
less than 50% of full channel modulation limits. This amendment will 
bring the part 11 rules into alignment with the actual modulation 
levels currently obtainable by broadcast stations.

Carriage of Audio of Presidential EAS Messages From Non-EAS Sources

    9. The R&O amends the part 11 rules to permit broadcast stations to 
override the EAS audio feed during a national EAS alert and substitute 
an audio feed of the President's message from another source. A number 
of commenters pointed out that the quality of the EAS audio feed is far 
inferior to the high quality audio network connections available to 
most broadcast stations and that it may be difficult or impossible for 
television stations to synchronize the EAS audio feed with their video 
feeds. We agree with commenters that the public interest will be served 
by amending part 11 to allow broadcast stations to provide the highest 
quality audio available to them during a national emergency. Because 
National Primary broadcast stations will still be required to relay all 
national EAS messages in accordance with Sec. 11.51 of the rules, this 
amendment will not compromise the integrity of the EAS system or 
prevent those broadcast stations that do not have access to alternative 
audio feeds from transmitting presidential EAS messages to the public. 
We emphasize, however, that broadcast stations may not delay the 
transmission of national EAS messages in order to substitute 
alternative audio feeds. Rather, broadcast stations must continue to 
transmit all national EAS messages immediately upon receipt.

EAN Network

    10. The R&O amends part 11 as proposed in the NPRM to eliminate all 
references the now-defunct EAN network and its participants. 
Previously, the EAN network was one of two networks used to distribute 
national emergency messages from the federal government. FEMA phased 
out the EAN network in 1995 in accordance with a presidential 
directive.

International HF Broadcast Stations

    11. The R&O amends part 11 as proposed in the NPRM to eliminate the 
requirement that international HF broadcast stations purchase and 
install EAS equipment and to remove Sec. 11.54(b)(9), which requires 
international HF broadcast stations to cease broadcasting immediately 
upon receipt of a national-level EAS message and remain off the air 
until they receive an EAS message terminating the activation. In 1996, 
after concluding that the technical and political concerns which gave 
rise to the requirements of Sec. 11.54(b)(9) are no longer relevant, 
Commission staff granted a request by the National Association of 
Shortwave Broadcasters, Inc., to exempt all FCC licensed international 
HF broadcast stations from the requirement to purchase and install EAS 
equipment.

Waiver Requests

    12. Several parties filed comments seeking waivers of the EAS 
rules. The Public Broadcasters, a group of public universities, public 
broadcasters and government or non-profit entities operating 
noncommercial educational radio and television stations, requested 
permanent waivers of the requirement to install EAS equipment for 
satellite/repeater stations which rebroadcast 100% of the programming 
of their lead or hub station. The Commission staff has granted 
permanent waivers of the requirement to install EAS equipment for 
satellite/repeater stations that rebroadcast 100% of the programming of 
their hub station and are located in the same local EAS area as the hub 
station, but has granted only temporary waivers where the satellite/
repeater stations are outside the hub station's local EAS area. The 
Public Broadcasters argued that these temporary waivers should be made 
permanent because they can comply with the requirements and intent of 
the EAS rules without incurring the additional costs and burdens of 
installing EAS equipment at each of the satellite/repeater stations.
    13. The R&O amends the part 11 rules to exempt satellite/repeater 
stations which rebroadcast 100% of the programming of their hub station 
from the requirement to install EAS equipment. Specifically, we will 
consider the use of a single set of EAS equipment at a hub station (or 
common studio/control point where there is no hub station) to satisfy 
the EAS obligations of the satellite/repeater stations which 
rebroadcast 100% of the hub station's programming. The satellite/
repeater stations will comply with the requirement to transmit all 
national EAS alerts because all national alerts will be passed through 
from the hub station. In addition, we acknowledge that it may be 
unnecessarily burdensome for the governmental and educational 
institutions operating these satellite/repeater stations to incur the 
substantial

[[Page 18504]]

cost of installing EAS equipment at each such satellite/repeater 
station for the sole purpose of being able to transmit state and local 
EAS alerts, which are voluntary under our rules. Furthermore, only a 
small number of broadcast stations will be eligible for this exemption.
    14. Two commenters requested waivers or other relief involving the 
use of EAS decoders. The National Cable and Telecommunications 
Association, Telecommunications for the Deaf, Inc. and the National 
Association for the Deaf jointly requested a waiver which would allow 
cable systems serving fewer than 5,000 subscribers per headend to 
comply with the EAS rules by installing a decoder only, rather than 
both an encoder and a decoder. Cable systems serving fewer than 5,000 
subscribers are required to install encoders and decoders by October 1, 
2002. Media Access Project requested a temporary blanket waiver of the 
requirement that LPFM stations install FCC-certified EAS decoders or, 
alternatively, suggested that the Commission could authorize LPFM 
stations to install non-FCC-certified decoders or change the 
certification criteria for EAS decoders. On November 30, 2001, the 
Commission staff issued a public notice, 66 FR 63544, December 7, 2001, 
to solicit supplemental comment on these requests. The commenters 
confirmed that there are currently no FCC-certified decoder-only units 
available. However, one equipment manufacturer indicated that if the 
Commission authorizes small cable systems to comply with the EAS rules 
by installing a decoder only, it plans to submit a decoder-only system 
for certification in the first quarter of 2002.
    15. We will amend the part 11 rules to permit cable systems and 
wireless cable systems serving fewer than 5,000 subscribers to use an 
FCC-certified decoder, if such a device becomes available by October 1, 
2002, in lieu of an encoder/decoder unit. If FCC-certified decoders are 
not available by the October 1, 2002 compliance deadline, cable systems 
and wireless cable systems serving fewer than 5,000 subscribers will 
continue to be required to comply with the EAS rules by installing an 
encoder/decoder unit. We agree with commenters that authorizing the use 
of decoder-only units will, to the extent that such decoders may become 
available at a lower price than encoder/decoder units, benefit the 
public by reducing costs for small cable systems in meeting the October 
1, 2002 compliance deadline. However, we also think that it is 
important that EAS decoders have the capability to store and forward 
EAS messages or to automatically pass through EAS messages. 
Accordingly, we will not relax the certification requirements for EAS 
decoders. In order to receive FCC certification, EAS decoders will be 
required to satisfy all of the existing requirements for decoders set 
forth in Sec. 11.33 of the rules. Small cable systems which opt to 
install decoder-only units will not be able to originate EAS messages 
or generate Required Weekly Tests (RWTs), but they will be able to pass 
through EAS messages and accomplish Required Weekly Testing by 
forwarding a received RWT. Thus, we do not believe that permitting 
small cable systems to install decoder-only units will compromise or 
diminish the EAS system.
    16. We will also grant a temporary exemption to LPFM licensees of 
the requirement to install FCC-certified decoders. Specifically, we 
will amend the part 11 rules to provide that LPFM stations need not 
install EAS decoders until one year after the Commission publishes in 
the Federal Register a public notice indicating that at least one EAS 
decoder has been certified. In the LPFM proceeding, 65 FR 7616, 
February 15, 2000, the Commission concluded that LPFM stations should 
be required to participate in EAS by installing EAS decoders only, 
rather than combined encoder/decoder units. We reasoned that this 
modified EAS requirement would balance the cost of compliance, the 
ability of LPFM stations to meet that cost, and the needs of the 
listening public to be alerted in emergency situations. While we 
anticipated that FCC-certified decoders would become available for 
under $1,000 in the near future, we stated that if certified decoder 
equipment is not available when the first LPFM stations go on the air, 
we can grant a temporary exemption for LPFM stations until such time as 
it is reasonably available. Several LPFM stations have recently begun 
operating. Since certified EAS decoders have not reached the market as 
quickly as we expected, we find that it is appropriate to grant LPFM 
licensees a temporary exemption of the requirement to install certified 
decoders.

II. Administrative Matters

Final Regulatory Flexibility Analysis

    17. This is a summary of the Final Regulatory Flexibility Analysis 
(FRFA) in the R&O. The full text of the FRFA can be found in Appendix C 
of the R&O.
    18. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), 5 U.S.C. 601 et seq., an Initial Regulatory Flexibility 
Analysis (IRFA) was incorporated into the NPRM in EB Docket No. 01-66. 
The Commission sought written public comments on the proposals in the 
NPRM, including comments on the IRFA. No comments were filed in direct 
response to the IRFA. This FRFA conforms to the RFA.
    19. Need for, and Objectives of, the Report and Order. This R&O 
amends the technical and operational requirements for the EAS. Many of 
the amendments adopted in this R&O are intended to enhance the 
capabilities and performance of the EAS during state and local 
emergencies, which will promote public safety. In addition, the R&O 
amends the EAS rules to make compliance with the EAS requirements less 
burdensome for broadcast stations, cable systems and wireless cable 
systems. This R&O also eliminates rules which are obsolete or no longer 
needed.
    20. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. No comments were filed in direct response to the 
IRFA. The Commission, however, has considered the potential impact of 
the rules proposed in the NPRM on small entities and has reduced the 
compliance burden for broadcast stations and cable systems as discussed 
in the R&O.
    21. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply. The RFA directs agencies to provide a 
description of and, where feasible, an estimate of the number of small 
entities that may be affected by the rules adopted herein. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Nationwide, as of 1992, 
there were approximately 275,801 small organizations. ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' As of 1992, there 
were approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96

[[Page 18505]]

percent, have populations of fewer than 50,000. The Census Bureau 
estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (91 percent) are small entities.
    22. Television and radio stations. The rules adopted in this R&O 
will apply to television broadcasting licensees and radio broadcasting 
licensees. The SBA defines a television broadcasting station that has 
$10.5 million or less in annual receipts as a small business. 
Television broadcasting stations consist of establishments primarily 
engaged in broadcasting visual programs by television to the public, 
except cable and other pay television services. Included in this 
industry are commercial, religious, educational, and other television 
stations. Also included are establishments primarily engaged in 
television broadcasting and which produce taped television program 
materials. Separate establishments primarily engaged in producing taped 
television program materials are classified under another NAICS code. 
There were 1,509 television stations operating in the nation in 1992. 
As of September 30, 2001, Commission records indicate that 1,686 
television broadcasting stations were operating, approximately 1,298 of 
which are considered small businesses. For 1992, the number of 
television stations that produced less than $10.0 million in revenue 
was 1,155 establishments.
    23. The SBA defines a radio broadcasting station that has $5 
million or less in annual receipts as a small business. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Included in this 
industry are commercial, religious, educational, and other radio 
stations. Radio broadcasting stations, which primarily are engaged in 
radio broadcasting and which produce radio program materials are 
similarly included. However, radio stations that are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another NAICS code. The 1992 Census 
indicates that 96 percent (5,861 of 6,127) radio station establishments 
produced less than $5 million in revenue in 1992. Commission records 
indicate that 11,334 individual radio stations were operating in 1992. 
As of September 30, 2001, Commission records indicate that 13,012 radio 
stations were operating, approximately 12,550 of which are considered 
small businesses.
    24. Thus, the rules may affect approximately 1,686 full power 
television stations, approximately 1,298 of which are considered small 
businesses. Additionally, the proposed rules may affect some 13,012 
full power radio stations, approximately 12,550 of which are small 
businesses. These estimates may overstate the number of small entities 
because the revenue figures on which they are based do not include or 
aggregate revenues from non-television or non-radio affiliated 
companies. There are also 2,396 low power television (LPTV) stations. 
Given the nature of this service, we will presume that all LPTV 
licensees qualify as small entities under the SBA definition.
    25. Cable systems. The rules adopted in this proceeding will also 
affect small cable entities. The SBA has developed a definition of 
small entities for ``Cable and Other Program Distribution Services,'' 
which includes all such companies generating $11 million or less in 
revenue annually. This definition includes cable system operators, 
closed circuit television services, direct broadcast satellite 
services, multipoint distribution systems, satellite master antenna 
systems and subscription television services. According to Census 
Bureau data from 1992, there were 1,788 total cable and other program 
distribution services and 1,423 had less than $11 million in revenue.
    26. The Commission has developed its own definition of a ``small 
cable system'' for purposes of the EAS rules. Cable systems serving 
fewer than 10,000 subscribers per headend are considered small cable 
systems and are afforded varying degrees of relief from the EAS rules. 
Based on our most recent information, we estimate that there are 8,552 
cable systems that serve fewer than 10,000 subscribers per headend. 
Consequently, we estimate that there are fewer than 8,552 small cable 
systems that may be affected by the rules adopted herein.
    27. The Communications Act also contains a definition of a small 
cable system operator, which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than 1 percent of 
all subscribers in the United States and is not affiliated with any 
entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that there are 67,700,000 
subscribers in the United States. Therefore, we found that an operator 
serving fewer than 677,000 subscribers shall be deemed a small 
operator, if its annual revenues, when combined with the total annual 
revenues of all of its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, we find that the number of cable 
operators serving 677,000 subscribers or less totals 1,450. We do not 
request nor do we collect information concerning whether cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250,000,000, and thus are unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
    28. Wireless cable systems. The rules adopted in this R&O will also 
apply to wireless cable systems, which include Multipoint Distribution 
Service and Multichannel Multipoint Distribution Service stations 
(collectively, MDS) and Instructional Television Fixed Service (ITFS) 
stations. The Commission has defined ``small entity'' for purposes of 
the auction of MDS frequencies as an entity that, together with its 
affiliates, has average gross annual revenues that are not more than 
$40 million for the preceding three calendar years. This definition of 
small entity in the context of MDS auctions has been approved by the 
SBA. The Commission completed its MDS auction in March 1996 for 
authorizations in 493 basic trading areas. Of 67 winning bidders, 61 
qualified as small entities. At this time, we estimate that of the 61 
small business MDS auction winners, 48 remain small business licensees.
    29. MDS also includes licensees of stations authorized prior to the 
auction. As noted, the SBA has developed a definition of small entities 
for program distribution services, which includes all such companies 
generating $11 million or less in annual receipts. This definition 
includes MDS and thus applies to MDS licensees that did not participate 
in the MDS auction. Information available to us indicates that there 
are approximately 392 incumbent MDS licensees that do not generate 
revenue in excess of $11 million annually. Therefore, we find that 
there are approximately 440 small MDS providers as defined by the SBA 
and the Commission's auction rules which may be affected by the rules 
adopted in this proceeding.
    30. The SBA definition of small entities for program distribution 
services also appears to apply to ITFS. There are presently 2,032 ITFS 
licensees. All but 100 of these licenses are held by educational 
institutions. Educational institutions are included in the definition 
of a small business. However, we do not collect annual revenue data for 
ITFS licensees, and are not able to ascertain how many of the 100 non-
educational licensees would be

[[Page 18506]]

categorized as small under the SBA definition. Thus, we find that at 
least 1,932 ITFS are small businesses and may be affected by the rules 
adopted herein.
    31. Description of Reporting, Recordkeeping, and Other Compliance 
Requirements. The rules adopted in this R&O impose no new reporting, 
recordkeeping or compliance requirements on broadcast stations and 
cable systems, including wireless cable systems. This R&O adopts a 
number of new EAS event codes and location codes which may be used by 
broadcast stations and cable systems that participate voluntarily in 
state and local EAS activities. Broadcast stations and cable systems 
will not be required to upgrade their existing EAS equipment to add 
these new event and location codes. Rather, they may upgrade their 
existing EAS equipment to add these new codes on a voluntary basis 
until the equipment is replaced. All existing and new models of EAS 
equipment manufactured after August 1, 2003 will be required to be 
capable of receiving and transmitting these new codes.
    32. The R&O also makes revisions to the EAS rules which will reduce 
compliance burdens on broadcast stations and cable systems. The revised 
rules permit broadcast stations and cable systems to modify their 
existing EAS equipment to selectively display and log EAS messages that 
contain state and local event codes. This selectively displaying and 
logging feature will relieve broadcast stations and cable systems from 
the burden of logging unwanted EAS messages, e.g., messages that do not 
apply to their service area or messages concerning events which they 
have decided not to transmit. In addition, the revised rules increase 
the period within which broadcast stations and cable systems must 
retransmit the Required Monthly Test (RMT) from 15 minutes to 60 
minutes. This revision will provide broadcast stations and cable 
systems, including smaller stations and systems, more flexibility to 
insert the RMT message into their program schedules without disrupting 
programming. Additionally, the rules are revised to require that the 
modulation level of EAS codes be at the maximum possible level, but in 
no case less than 50% of full channel modulation limits. This revision 
brings the EAS rules into alignment with the modulation levels 
currently obtainable by broadcast stations.
    33. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant alternatives that it has considered 
in reaching its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance rather than design standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for such small entities.
    34. The R&O reduces compliance requirements for small entities by 
exempting satellite/repeater broadcast stations which rebroadcast 100% 
of the programming of their hub station from the requirement to install 
EAS equipment; authorizing cable systems and wireless cable systems 
serving fewer than 5,000 subscribers to meet the October 1, 2002 
compliance deadline by installing certified EAS decoders, if such 
decoders become available, rather than both encoders and decoders; and 
delaying the requirement that LPFM stations install certified EAS 
decoders until one year after the Commission publishes in the Federal 
Register a public notice indicating that at least one decoder has been 
certified.
    35. In adopting new event codes and location codes in this R&O, we 
took into account concerns raised by commenters that a requirement to 
update existing EAS equipment to add the new codes could impose a 
financial burden on some broadcast stations and cable systems, 
particularly smaller entities. We therefore declined to require 
broadcast stations and cable systems to upgrade existing EAS equipment 
to add the new codes. Instead, we opted to permit them to upgrade their 
existing equipment on a voluntary basis until the equipment is 
replaced. We believe that this approach promotes public safety by 
enhancing state and local EAS without imposing additional costs or 
burdens on broadcast stations and cable systems that may have the 
undesired effect of reducing voluntary participation in state and local 
EAS activities. In addition, we declined to adopt several other 
proposals, including a proposal to revise several existing event codes, 
due to concerns that they would impose substantial costs on broadcast 
stations and cable systems.

Final Paperwork Reduction Act Analysis

    36. This R&O does not contain any new or modified information 
collection. Therefore, it is not subject to the requirements for a 
paperwork reduction analysis, and the Commission has not performed one.

Ordering Clauses

    37. Pursuant to 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. 151, 154(i) and (o), 303(r), 554(g) and 606, part 11 
of the Commission's rules, 47 CFR part 11, is amended.
    38. The Commission's Consumer and Government Affairs Bureau, 
Reference Information Center, shall send a copy of this R&O, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with the 
Regulatory Flexibility Act.

List of Subjects in 47 CFR Part 11

    Radio, Television.

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

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.

    2. Section 11.11 is amended by revising the three tables in 
paragraph (a) and revising paragraph (b) to read as follows:


Sec. 11.11  The Emergency Alert System (EAS).

    (a) ***

[[Page 18507]]



                                                                   Broadcast Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
  EAS Equipment requirement          AM & FM                 TV               FM Class D           LPTV \1\            LPFM \2\           Class A TV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone encoder \3\ \4\.....  Y                    Y                    N                    N                   N                   Y
EAS decoder..................  Y 1/1/97             Y 1/1/97             Y 1/1/97             Y 1/1/97            Y                   Y
EAS encoder..................  Y 1/1/97             Y 1/1/97             N                    N                   N                   Y
Audio message................  Y 1/1/97             Y 1/1/97             Y 1/1/97             Y 1/1/97            Y                   Y
Video message................  N/A                  Y 1/1/97             N/A                  Y 1/1/97            N/A                 Y
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment.
\2\ LPFM stations must install a decoder within one year after the FCC publishes in the Federal Register a public notice indicating that at least one
  decoder has been certified by the FCC.
\3\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\4\ Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and the required
  monthly tests.


                                                                      Cable Systems
  [A. Cable systems serving fewer than 5,000 subscribers from a headend must either provide the National level EAS message on all programmed channels--
     including the required testing--by October 1, 2002, or comply with the following EAS requirements. All other cable systems must comply with B.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 System size and effective dates
                                       -----------------------------------------------------------------------------------------------------------------
     B. EAS Equipment Requirement                                                 5,000 but  10,000
                                            10,000 subscribers                  subscribers                        5,000 subscribers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone signal from storage device     Y 12/31/98                            Y 10/1/02                             Y 10/1/02
 \1\.
EAS decoder \3\.......................  Y 12/31/98                            Y 10/1/02                             Y 10/1/02
EAS encoder \2\.......................  Y 12/31/98                            Y 10/1/02                             Y 10/1/02
Audio and Video EAS Message on all      Y 12/31/98                            Y 10/1/02                             N
 channels.
Video interrupt and audio alert         N                                     N                                     Y 10/1/02
 message on all channels,\3\ Audio and
 Video EAS message on at least one
 channel.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and required monthly test. The two-tone signal must
  be 8-25 seconds in duration.
\2\ Cable systems serving 5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder.
\3\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert must give
  the channel where the EAS messages are carried and be repeated for the duration of the EAS message.
Note: Programmed channels do not include channels used for the transmission of data such as interactive games.


                                 Wireless Cable Systems (MDS/MMS/ITFS Stations)
   [A. Wireless cable systems serving fewer than 5,000 subscribers from a single transmission site must either
provide the National level EAS message on all programmed channels--including the required testing--by October 1,
   2002, or comply with the following EAS requirements. All other wireless cable systems must comply with B.]
----------------------------------------------------------------------------------------------------------------
                                                                System size and effective dates
        B. EAS Equipment Requirement         -------------------------------------------------------------------
                                                 5,000 subscribers            5,000subscribers
----------------------------------------------------------------------------------------------------------------
EAS decoder.................................  Y 10/1/02                         Y 10/1/02
EAS encoder \1\ \2\.........................  Y 10/1/02                         Y 10/1/02
Audio and Video EAS Message on all channels.  Y 10/1/02                         N
Video interrupt and audio alert message on    N                                 Y 10/1/02
 all channels; \3\ Audio and Video EAS
 message on at least one channel.
----------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and
  required monthly test. The two-tone signal must be 8-25 seconds in duration.
\2\ Wireless cable systems serving 5,000 subscribers are permitted to operate without an EAS encoder if they
  install an FCC-certified decoder.
\3\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS
  emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated
  for the duration of the EAS message.
Note: Programmed channels do not include channels used for the transmission of data services such as Internet.

    (b) Class D non-commercial educational FM stations as defined in 
Sec. 73.506, LPFM stations as defined in Secs. 73.811 and 73.853, and 
LPTV stations as defined in Sec. 74.701(f) are not required to comply 
with 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. 
International broadcast stations as defined in Sec. 73.701 of this 
chapter are not required to comply with the requirements of this part. 
Broadcast stations that operate as satellites or repeaters of a hub 
station (or common studio or control point if there is no hub station) 
and rebroadcast 100% of the programming of the hub station (or common 
studio or control point) may satisfy the requirements of this part 
through the use of a single set of EAS equipment at the hub station (or 
common studio or control point) which complies with Secs. 11.32 and 
11.33.
* * * * *

    3. Revise Sec. 11.14 to read as follows:

[[Page 18508]]

Sec. 11.14  Primary Entry Point (PEP) System.

    The PEP system is a nationwide network of broadcast stations and 
other entities connected with government activation points. It is used 
to distribute the EAN, EAT and EAS national test messages, and other 
EAS messages.

    4. Section 11.16 is amended by revising the introductory text to 
read as follows:


Sec. 11.16  National Control Point Procedures.

    The National Control Point Procedures are written instructions 
issued by the FCC to national level EAS control points. The procedures 
are divided into sections as follows:
* * * * *

    5. Section 11.31 is amended by revising paragraphs (c), (d), (e) 
and (f) as follows:


Sec. 11.31  EAS Protocol.

* * * * *
    (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 provided in FCC Public Notices.

[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)

    [PREAMBLE] This is a consecutive string of bits (sixteen bytes of 
AB hexadecimal [8 bit byte 10101011]) sent to clear the system, set AGC 
and set asynchronous decoder clocking cycles. The preamble must be 
transmitted before each header and End Of Message code.
    ZCZC--This is the identifier, sent as ASCII characters ZCZC to 
indicate the start of ASCII code.
    ORG--This is the Originator code and indicates who originally 
initiated the activation of the EAS. These codes are specified in 
paragraph (d) of this section.
    EEE--This is the Event code and indicates the nature of the EAS 
activation. The codes are specified in paragraph (e) of this section. 
The Event codes must be compatible with the codes used by the NWS 
Weather Radio Specific Area Message Encoder (WRSAME).
    PSSCCC--This the Location code and indicates the geographic area 
affected by the EAS alert. There may be 31 Location codes in an EAS 
alert. The Location code uses the Federal Information Processing 
Standard (FIPS) numbers as described by the U.S. Department of Commerce 
in National Institute of Standards and Technology publication FIPS PUB 
6-4. Each state is assigned an SS number as specified in paragraph (f) 
of this section. Each county and some cities are assigned a CCC number. 
A CCC number of 000 refers to an entire State or Territory. P defines 
county subdivisions as follows: 0 = all or an unspecified portion of a 
county, 1 = Northwest, 2 = North, 3 = Northeast, 4 = West, 5 = Central, 
6 = East, 7 = Southwest, 8 = South, 9 = Southeast. Other numbers may be 
designated later for special applications. The use of county 
subdivisions will probably be rare and generally for oddly shaped or 
unusually large counties. Any subdivisions must be defined and agreed 
to by the local officials prior to use.
    +TTTT--This indicates the valid time period of a message in 15 
minute segments up to one hour and then in 30 minute segments beyond 
one hour; i.e., +0015, +0030, +0045, +0100, +0430 and +0600.
    JJJHHMM--This is the day in Julian Calendar days (JJJ) of the year 
and the time in hours and minutes (HHMM) when the message was initially 
released by the originator using 24 hour Universal Coordinated Time 
(UTC).
    LLLLLLLL--This is the identification of the broadcast station, 
cable system, MDS/MMDS/ITFS station, NWS office, etc., transmitting or 
retransmitting the message. These codes will be automatically affixed 
to all outgoing messages by the EAS encoder.
    NNNN--This is the End of Message (EOM) code sent as a string of 
four ASCII N characters.
    (d) The only originator codes are:

------------------------------------------------------------------------
                 Originator                            ORG Code
------------------------------------------------------------------------
Broadcast station or cable system..........  EAS
Civil authorities..........................  CIV
National Weather Service...................  WXR
Primary Entry Point System.................  PEP
------------------------------------------------------------------------

    (e) The following Event (EEE) codes are presently authorized:

------------------------------------------------------------------------
            Nature of Activation                     Event Codes
------------------------------------------------------------------------
National Codes (Required):
Emergency Action Notification (National      EAN
 only).
Emergency Action Termination (National       EAT
 only).
National Information Center................  NIC
National Periodic Test.....................  NPT
Required Monthly Test......................  RMT
Required Weekly Test.......................  RWT
State and Local Codes (Optional):
Administrative Message.....................  ADR
Avalanche Warning..........................  AVW\1\
Avalanche Watch............................  AVA\1\
Blizzard Warning...........................  BZW
Child Abduction Emergency..................  CAE\1\
Civil Danger Warning.......................  CDW\1\
Civil Emergency Message....................  CEM

[[Page 18509]]

 
Coastal Flood Warning......................  CFW\1\
Coastal Flood Watch........................  CFA\1\
Dust Storm Warning.........................  DSW\1\
Earthquake Warning.........................  EQW\1\
Evacuation Immediate.......................  EVI
Fire Warning...............................  FRW\1\
Flash Flood Warning........................  FFW
Flash Flood Watch..........................  FFA
Flash Flood Statement......................  FFS
Flood Warning..............................  FLW
Flood Watch................................  FLA
Flood Statement............................  FLS
Hazardous Materials Warning................  HMW\1\
High Wind Warning..........................  HWW
High Wind Watch............................  HWA
Hurricane Warning..........................  HUW
Hurricane Watch............................  HUA
Hurricane Statement........................  HLS
Law Enforcement Warning....................  LEW\1\
Local Area Emergency.......................  LAE\1\
Network Message Notification...............  NMN\1\
911 Telephone Outage Emergency.............  TOE\1\
Nuclear Power Plant Warning................  NUW\1\
Practice/Demo Warning......................  DMO
Radiological Hazard Warning................  RHW\1\
Severe Thunderstorm Warning................  SVR
Severe Thunderstorm Watch..................  SVA
Severe Weather Statement...................  SVS
Shelter in Place Warning...................  SPW\1\
Special Marine Warning.....................  SMW\1\
Special Weather Statement..................  SPS
Tornado Warning............................  TOR
Tornado Watch..............................  TOA
Tropical Storm Warning.....................  TRW\1\
Tropical Storm Watch.......................  TRA\1\
Tsunami Warning............................  TSW
Tsunami Watch..............................  TSA
Volcano Warning............................  VOW\1\
Winter Storm Warning.......................  WSW
Winter Storm Watch.........................  WSA
------------------------------------------------------------------------
\1\ Effective May 16, 2002, broadcast stations, cable systems and
  wireless cable systems may upgrade their existing EAS equipment to add
  these event codes on a voluntary basis until the equipment is
  replaced. All models of EAS equipment manufactured after August 1,
  2003 must be capable of receiving and transmitting these event codes.
  Broadcast stations, cable systems and wireless cable systems which
  replace their EAS equipment after February 1, 2004 must install
  equipment that is capable of receiving and transmitting these event
  codes.

    (f) The State, Territory and Offshore (Marine Area) FIPS number 
codes (SS) are as follows. County FIPS numbers (CCC) are contained in 
the State EAS Mapbook.

------------------------------------------------------------------------
                 Offshore (Marine Areas)\1\                     FIPS#
------------------------------------------------------------------------
Eastern North Pacific Ocean, and along U.S. West Coast from           57
 Canadian border to Mexican border.........................
North Pacific Ocean near Alaska, and along Alaska                     58
 coastline, including the Bering Sea and the Gulf of Alaska
Central Pacific Ocean, including Hawaiian waters...........           59
South Central Pacific Ocean, including American Samoa                 61
 waters....................................................
Western Pacific Ocean, including Mariana Island waters.....           65
Western North Atlantic Ocean, and along U.S. East Coast,              73
 from Canadian border south to Currituck Beach Light, N.C..
Western North Atlantic Ocean, and along U.S. East Coast,              75
 south of Currituck Beach Light, N.C., following the
 coastline into Gulf of Mexico to Bonita Beach, FL.,
 including the Caribbean...................................
Gulf of Mexico, and along the U.S. Gulf Coast from the                77
 Mexican border to Bonita Beach, FL........................
Lake Superior..............................................           91
Lake Michigan..............................................           92
Lake Huron.................................................           93
Lake St. Clair.............................................           94
Lake Erie..................................................           96
Lake Ontario...............................................           97
St. Lawrence River above St. Regis.........................          98
------------------------------------------------------------------------
\1\ Effective May 16, 2002, broadcast stations, cable systems and
  wireless cable systems may upgrade their existing EAS equipment to add
  these marine area location codes on a voluntary basis until the
  equipment is replaced. All models of EAS equipment manufactured after
  August 1, 2003 must be capable of receiving and transmitting these
  marine area location codes. Broadcast stations, cable systems and
  wireless cable systems which replace their EAS equipment after
  February 1, 2004 must install equipment that is capable of receiving
  and transmitting these location codes.


[[Page 18510]]

    6. Section 11.33 is amended by revising paragraphs (a)(3)(ii) and 
(a)(4) to read as follows:


Sec. 11.33  EAS Decoder.

    (a) * * *
    (3) ***
    (ii) Store at least ten preselected event and originator header 
codes, in addition to the seven 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 for later 
messages. These last received header codes will be deleted from storage 
as their valid time periods expire.
    (4) Display and logging. A visual message shall be developed from 
any valid header codes for tests and national activations and any 
preselected header codes received. The message shall include the 
Originator, Event, Location, the valid time period of the message and 
the local time the message was transmitted. The message shall be in the 
primary language of the broadcast station or cable system and be fully 
displayed on the decoder and readable in normal light and darkness. All 
existing and new models of EAS decoders manufactured after August 1, 
2003 must provide a means to permit the selective display and logging 
of EAS messages containing header codes for state and local EAS events. 
Effective May 16, 2002, broadcast stations, cable systems and wireless 
cable systems may upgrade their decoders on an optional basis to 
include a selective display and logging capability for EAS messages 
containing header codes for state and local events. Broadcast stations, 
cable systems and wireless cable systems which replace their decoders 
after February 1, 2004 must install decoders that provide a means to 
permit the selective display and logging of EAS messages containing 
header codes for state and local EAS events.
* * * * *

    7. Section 11.34 is amended by adding paragraphs (f) and (g) to 
read as follows:


Sec. 11.34  Acceptability of the equipment.

* * * * *
    (f) Modifications to existing authorized EAS decoders, encoders or 
combined units necessary to implement the new EAS codes specified in 
Sec. 11.31 and to implement the selective displaying and logging 
feature specified in Sec. 11.33(a)(4) will be considered Class I 
permissive changes that do not require a new application for and grant 
of equipment certification under part 2, subpart J of this chapter.
    (g) All existing and new models of EAS encoders, decoders and 
combined units manufactured after August 1, 2003 must be capable of 
generating and detecting the new EAS codes specified in Sec. 11.31 in 
order to be certified under part 2, subpart J of this chapter. All 
existing and new models of EAS decoders and combined units manufactured 
after August 1, 2003 must have the selective displaying and logging 
capability specified in Sec. 11.33(a)(4) in order to be certified under 
part 2, subpart J of this chapter.

    8. Section 11.42 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec. 11.42  Participation by communications common carriers.

* * * * *
    (c) During a National level EAS Test, common carriers which have 
facilities in place may, without charge, connect an originating source 
from the nearest exchange to a selected Test Center and then to any 
participating radio networks, television networks and cable networks 
and program suppliers.* * *
* * * * *

    9. Section 11.43 is revised to read as follows:


Sec. 11.43  National level participation.

    Entities that wish to voluntarily participate in the national level 
EAS may submit a written request to the Chief, Technical and Public 
Safety Division, Enforcement Bureau.

    10. Section 11.51 is amended by revising paragraphs (f), (k)(2) and 
(l) to read as follows:


Sec. 11.51  EAS code and Attention Signal Transmission requirements.

* * * * *
    (f) Broadcast station equipment generating the EAS codes and the 
Attention Signal shall modulate a broadcast station transmitter so that 
the signal broadcast to other broadcast stations and cable systems and 
wireless cable systems alerts them that the EAS is being activated or 
tested at the National, State or Local Area level. The minimum level of 
modulation for EAS codes, measured at peak modulation levels using the 
internal calibration output required in Sec. 11.32(a)(4), shall 
modulate the transmitter at the maximum possible level, but in no case 
less than 50% of full channel modulation limits. Measured at peak 
modulation levels, each of the Attention Signal tones shall be 
calibrated separately to modulate the transmitter at no less than 40%. 
These two calibrated modulation levels shall have values that are 
within 1 dB of each other.
* * * * *
    (k) * * *
    (2) Manual interrupt of programming and transmission of EAS 
messages may be used. EAS messages with the EAN Event code must be 
transmitted immediately and Monthly EAS test messages within 60 
minutes. All actions must be logged and include the minimum information 
required for EAS video messages.
    (l) Broadcast stations and cable systems and wireless cable systems 
may employ a minimum delay feature, not to exceed 15 minutes, for 
automatic interruption of EAS codes. However, this may not be used for 
the EAN event which must be transmitted immediately. The delay time for 
an RMT message may not exceed 60 minutes.
* * * * *

    11. Section 11.52 is amended by revising paragraph (e)(2) to read 
as follows:


Sec. 11.52  EAS code and Attention Signal Monitoring requirements.

* * * * *
    (e) * * *
    (2) Manual interrupt of programming and transmission of EAS 
messages may be used. EAS messages with the EAN Event code must be 
transmitted immediately and Monthly EAS test messages within 60 
minutes. All actions must be logged and recorded. Decoders must be 
programmed for the EAN and EAT Event header codes for National level 
emergencies and the RMT and RWT Event header codes for required monthly 
and weekly tests, with the appropriate accompanying State and State/
county location codes.

    12. Section 11.53 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 11.53  Dissemination of Emergency Action Notification.

* * * * *
    (a) National Level. The EAN is issued by the White House. The EAN 
message is sent from a government origination point to broadcast 
stations and other entities participating in the PEP system. It is then 
disseminated via:
    (1) Radio and television broadcast stations.
    (2) Cable systems and wireless cable systems.

[[Page 18511]]

    (3) Other entities voluntarily participating in EAS.
* * * * *
    (c) Broadcast stations must, prior to commencing routine operation 
or originating any emissions under program test, equipment test, 
experimental, or other authorizations, determine whether the EAS has 
been activated by monitoring the assigned EAS sources.

    13. Section 11.54 is amended by revising paragraph (b) and adding 
paragraph (e) to read as follows:


Sec. 11.54  EAS operation during a National Level emergency.

* * * * *
    (b) Immediately upon receipt of an EAN message, broadcast stations 
and cable systems and wireless cable systems must:
    (1) Monitor the two EAS sources assigned in the State or Local Area 
plan or FCC Mapbook for any further instructions.
    (2) Discontinue normal programming and follow the transmission 
procedures in the appropriate section of the EAS Operating Handbook. 
Announcements may be made in the same language as the primary language 
of the station.
    (i) Key EAS sources (National Primary (NP), Local Primary (LP), 
State Primary (SP), State Relay (SR) and Participating National (PN) 
sources) follow the transmission procedures and make the announcements 
in the National Level Instructions of the EAS Operating Handbook.
    (ii) Non-participating National (NN) sources follow the 
transmission procedures and make the sign-off announcement in the EAS 
Operating Handbook's National Level Instructions section for NN 
sources. After the sign-off announcement, NN sources are required to 
remove their carriers from the air and monitor for the Emergency Action 
Termination message. NN sources using automatic interrupt under 
Sec. 11.51(k)(1), must transmit the header codes, Attention Signal, 
sign-off announcement and EOM code after receiving the appropriate EAS 
header codes for a national emergency.
    (3) After completing the above transmission procedures, key EAS and 
Participating National sources must transmit a common emergency message 
until receipt of the Emergency Action Termination Message. Message 
priorities are specified in Sec. 11.44. If LP or SR sources of a Local 
Area cannot provide an emergency message feed, any source in the Local 
Area may elect to provide a message feed. This should be done in an 
organized manner as designated in State and Local Area EAS Plans.
    (4) The Standby Script shall be used until emergency messages are 
available. The text of the Standby Script is in the EAS Operating 
Handbook's section for Participating sources.
    (5) TV broadcast stations shall display an appropriate EAS slide 
and then transmit all EAS announcements visually and aurally as 
specified in Sec. 73.1250(h) of this chapter.
    (6) Cable systems and wireless cable systems shall transmit all EAS 
announcements visually and aurally as specified in Sec. 11.51(g) and 
(h).
    (7) Announcements may be made in the same language as the primary 
language of the station.
    (8) Broadcast stations may transmit their call letters and cable 
systems and wireless cable systems may transmit the names of the 
communities they serve during an EAS activation. State and Local Area 
identifications must be given as provided in State and Local Area EAS 
plans.
    (9) All broadcast stations and cable systems and wireless cable 
systems operating and identified with a particular EAS Local Area must 
transmit a common national emergency message until receipt of the 
Emergency Action Termination.
    (10) Broadcast stations, except those holding an EAS Non-
participating National Authorization letter, are exempt from complying 
with Secs. 73.62 and 73.1560 of this chapter (operating power 
maintenance) while operating under this part.
    (11) National Primary (NP) sources must operate under the 
procedures in the National Control Point Procedures.
    (12) The time of receipt of the EAN and Emergency Action 
Termination messages shall be entered by broadcast stations in their 
logs (as specified in Secs. 73.1820 and 73.1840 of this chapter), by 
cable systems in their records (as specified in Sec. 76.305 of this 
chapter), and by subject wireless cable systems in their records (as 
specified in Sec. 21.304 of this chapter).
* * * * *
    (e) During a national level EAS emergency, broadcast stations may 
transmit in lieu of the EAS audio feed an audio feed of the President's 
voice message from an alternative source, such as a broadcast network 
audio feed.

    14. Section 11.55 is amended by revising paragraphs (c)(4) and 
(c)(7) 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)(5) and cable 
systems and wireless cable systems must comply with Sec. 11.54(b)(6). 
Broadcast stations providing foreign language programming shall comply 
with Sec. 11.54(b)(7).
* * * * *
    (7) The times of the above EAS actions must be entered in the 
broadcast station, cable system or wireless cable system records as 
specified in Sec. 11.54(b)(12).
* * * * *

    15. Section 11.61 is revised to read as follows:


Sec. 11.61  Tests of EAS procedures.

    (a) Tests shall be made at regular intervals as indicated in 
paragraphs (a)(1) and (a)(2) of this section. Additional tests may be 
performed anytime. EAS activations and special tests may be performed 
in lieu of required tests as specified in paragraph (a)(4) of this 
section. All tests will conform with the procedures in the EAS 
Operating Handbook.
    (1) Required Monthly Tests of the EAS header codes, Attention 
Signal, Test Script and EOM code.
    (i) Effective January 1, 1997, AM, FM and TV stations.
    (ii) Effective October 1, 2002, cable systems with fewer than 5,000 
subscribers per headend.
    (iii) Effective December 31, 1998, cable systems with 10,000 or 
more subscribers; and effective October 1, 2002, cable systems serving 
5,000 or more, but less than 10,000 subscribers per headend.
    (iv) Effective October 1, 2002, all wireless cable systems.
    (v) Tests in odd numbered months shall occur between 8:30 a.m. and 
local sunset. Tests in even numbered months shall occur between local 
sunset and 8:30 a.m. They will originate from Local or State Primary 
sources. The time and script content will be developed by State 
Emergency Communications Committees in cooperation with affected 
broadcast stations, cable systems, wireless cable systems, and other 
participants. Script content may be in the primary language of the 
broadcast station or cable system. These monthly tests must be 
transmitted within 60 minutes of receipt by broadcast stations and 
cable systems and wireless cable systems in an EAS Local Area or State. 
Class D non-commercial educational FM

[[Page 18512]]

and LPTV stations are required to transmit only the test script.
    (2) Required Weekly Tests:
    (i) EAS Header Codes and EOM Codes:
    (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.
    (B) Effective December 31, 1998, cable systems with 10,000 or more 
subscribers per headend must conduct tests of the EAS header and EOM 
codes at least once a week at random days and times on all programmed 
channels:
    (C) Effective October 1, 2002, cable systems serving fewer than 
5,000 subscribers per headend must conduct tests of the EAS header and 
EOM codes at least once a week at random days and times on at least one 
programmed channel.
    (D) Effective October 1, 2002, the following cable systems and 
wireless cable systems must conduct tests of the EAS header and EOM 
codes at least once a week at random days and times on all programmed 
channels:
    (1) Cable systems serving 5,000 or more, but less than 10,000 
subscribers per headend; and,
    (2) Wireless cable systems with 5,000 or more subscribers.
    (E) Effective October 1, 2002, the following cable systems and 
wireless cable systems must conduct tests of the EAS header and EOM 
codes at least once a week at random days and times on at least one 
programmed channel:
    (1) Cable systems with fewer than 5,000 subscribers per headend; 
and,
    (2) Wireless cable systems with fewer than 5,000 subscribers.
    (ii) Class D non-commercial educational FM and LPTV stations are 
not required to transmit this test but must log receipt.
    (iii) The EAS weekly test is not required during the week that a 
monthly test is conducted.
    (iv) TV stations, cable television systems and wireless cable 
systems are not required to transmit a video message when transmitting 
the required weekly test.
    (3) Periodic National Tests. National Primary (NP) sources shall 
participate in tests as appropriate. The FCC may request a report of 
these tests.
    (4) 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 (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 daily basis following procedures in State and Local Area 
EAS plans.
    (b) Entries shall be made in broadcast station and cable system and 
wireless cable system records as specified in Sec. 11.54(b)(12).


Sec. 11.62  [Removed]

    16. Remove Sec. 11.62.
[FR Doc. 02-8557 Filed 4-15-02; 8:45 am]
BILLING CODE 6712-01-P