[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19312-19315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7412]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-51; FCC 05-21]


Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document adopts revisions to the Federal Communication 
Commission's (Commission's) rules governing the Emergency Alert System 
(EAS) that will allow wireless cable television systems to provide EAS 
alerts to their subscribers in a more efficient and less burdensome 
manner. Specifically, wireless cable system operators will now be able 
to install equipment that provides a means to switch all programmed 
channels to a predesignated channel that carries an EAS alert in lieu 
of installing an EAS decoder for each and every system channel. 
Accordingly, upon receipt of an EAS alert, subscribers' equipment will 
automatically be tuned to the channel carrying the EAS message.

DATES: Effective May 13, 2005.

FOR FURTHER INFORMATION CONTACT: Shannon Lipp, Enforcement Bureau, 
Office of Homeland Security, at (202) 418-1199, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, in EB Docket No. 04-51, FCC 05-21, adopted January 28, 2005 
and released February 7, 2005. The complete text of this Report and 
Order is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, 445 12th Street, SW., 
Room CY-A527,

[[Page 19313]]

Washington, DC 20554. This document may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (202) 
863-2893, facsimile (202) 863-2898, or via Web site at http://www.bcpiweb.com. It is also available on the Commission's Web site at  
http://www.fcc.gov.

Synopsis of the Report and Order

    1. In this Report and Order, the Commission adopts revisions to 
part 11 of the Commission's rules governing the Emergency Alert System 
(EAS) that will allow wireless cable television systems to provide EAS 
alerts to their subscribers in a more efficient and less burdensome 
manner. Specifically, wireless cable system operators will now be able 
to install equipment that provides a means to switch all programmed 
channels to a predesignated channel that carries an EAS alert in lieu 
of installing an EAS decoder for each and every system channel. 
Accordingly, upon receipt of an EAS alert, subscribers' equipment will 
automatically be tuned to the channel carrying the EAS message.
    2. The Commission released a Notice of Proposed Rulemaking (NPRM), 
69 FR 18857, March 12, 2004, seeking comment on revisions to part 11 of 
the Commission's rules. Comments and replies were due May 10, 2004 and 
May 24, 2004, respectively. WCA and W.A.T.C.H. TV both submitted 
comments in support of the proposed modifications. W.A.T.C.H. TV, in 
its comments recommended a permanent rule change. No comments opposed 
the suggested rule revision, and no replies were submitted.
    3. The Commission's EAS rules are designed to ensure that 
individual TV viewers, including viewers of wireless cable TV systems, 
receive all national level EAS alerts, no matter what channel the 
viewer may be watching. As these rules are currently written, wireless 
cable providers serving more than 5,000 subscribers are required to 
install special equipment sufficient to display the audio and video EAS 
message on every channel in their systems. Systems serving fewer than 
5,000 subscribers are required to display the audio and video EAS 
message only on one channel, but must provide a video interrupt and an 
audio alert on every channel.
    4. The Commission's EAS rules were neither intended to require a 
particular technical solution nor to impose an unnecessary financial 
burden on participating cable providers. The Commission agrees that a 
good technical alternative exists to minimize that burden without harm 
to the public. As a result of these modifications, a wireless cable 
operator would be able to install EAS equipment for one channel only at 
the headend of each of its systems, and in the event of an EAS alert, 
automatically force each subscriber's equipment to tune to the channel 
carrying the EAS alert. This would allow wireless cable providers to 
deliver EAS alerts to all viewers in a more technologically and 
economically efficient manner. The Commission believes these revisions 
would satisfy the Communications Act's intent to provide national alert 
and warning to the public, while reducing the regulatory burden on 
wireless cable systems. The Commission also notes that W.A.T.C.H. TV, a 
wireless cable system, has successfully deployed force tuning in its 
system, and that no comments were filed opposing this approach. 
Accordingly, the Commission modifies its EAS rules to allow wireless 
cable TV systems to supply an EAS alert to their viewers by force 
tuning their systems. Also, because the revisions the Commission adopts 
today do not affect wireless cable systems' EAS equipment, the 
Commission adopts its tentative conclusion that no new authorization 
standards for such equipment are required.
    5. The Commission recently released a Notice of Proposed Rulemaking 
(NPRM), 69 FR 52843 (August 30, 2004), in which it sought comment on 
whether EAS as currently constituted is the most effective and 
efficient public warning system available to the American public. One 
of the primary objectives of the August 2004 NPRM is to determine 
whether there are any specific steps the Commission may take to enhance 
the effectiveness of EAS, particularly as regards digital, wireless, 
and other emerging communications technologies. Accordingly, regardless 
of the modifications made in the Report and Order, wireless cable 
operators are still subject to any future rulemaking proceedings. The 
Report and Order does not affect the Commission's ability to adjust any 
of the wireless cable requirements or impose other obligations on 
wireless cable operators through general rulemaking proceedings.
    6. Because the modifications to the Commission's EAS rules will 
contribute to an economically efficient and technologically current 
public alert and warning system, in the Report and Order, the 
Commission adopts the proposed revisions to the EAS rules for wireless 
cable operators.

Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, the 
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) 
for the Report and Order. The Commission will send a copy of the Report 
and Order, including the FRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    8. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM. 
The Commission sought comment on the proposals in the NPRM, including 
comment on the IRFA. The present Final Regulatory Flexibility Analysis 
(FRFA) conforms to the RFA.

Need for, and Objectives of, the Rules

    9. In the Report and Order, the Commission adopts revisions to part 
11 of the Commission's rules governing the Emergency Alert System 
(EAS). The revisions will reduce burdens on wireless cable television 
systems and improve the overall performance of the EAS.

Summary of Significant Issues Raised By Public Comments in Response to 
the IRFA

    10. There were no comments filed specifically in response to the 
IRFA. Nevertheless, the agency has considered the potential impact of 
the rules proposed in the IRFA on small entities. As a result of these 
modifications, a wireless cable operator will now be able to install 
EAS equipment for one channel only at the headend of the system. In the 
event of an EAS alert, the system will automatically force each 
subscriber set-top box to tune to the channel carrying the EAS alert. 
This will allow wireless cable providers to deliver EAS alerts to all 
viewers in a more technologically and economically efficient manner. 
While this rule revision provides the greatest economic benefit to 
systems with over 5,000 subscribers by obviating the need for special 
signal conversion for all channels, it also provides a benefit to those 
systems with fewer than 5,000 subscribers.

Description and Estimate of the Number of Small Entities to Which the 
Rules Will Apply

    11. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that will be 
affected by the proposed rules. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,''

[[Page 19314]]

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.'' 
The arts, entertainment, and recreations sector had 96,497 small firms.
    12. Broadband Radio Services. The adopted rules would apply to 
Broadband Radio Services (BRS) operated as part of a wireless cable 
system. The Commission has defined ``small entity'' for purposes of the 
auction of BRS 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 BRS auctions has been approved by the 
SBA. The Commission completed its BRS 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 BRS auction winners, 48 remain small business licensees.
    13. BRS also includes licensees of stations authorized prior to the 
auction. As noted, the SBA has developed a definition of small entities 
for pay television services, Cable and Other Subscription Programming, 
which includes all such companies generating $12.5 million or less in 
annual receipts. This definition includes BRS and thus applies to BRS 
licensees that did not participate in the BRS auction. Information 
available to us indicates that there are approximately 392 incumbent 
BRS licensees that do not generate revenue in excess of $11 million 
annually. Therefore, we find that there are approximately 440 (392 pre-
auction plus 48 auction licensees) small BRS providers as defined by 
the SBA and the Commission's auction rules which may be affected by the 
rules adopted herein.
    14. Educational Broadband Services. The adopted rules would also 
apply to Educational Broadband Services (EBS). The SBA definition of 
small entities for pay television services also appears to apply to 
EBS. There are presently 2,032 EBS 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 EBS licensees, and are not able to 
ascertain how many of the 100 non-educational licensees would be 
categorized as small under the SBA definition. Thus, we conclude that 
at least 1,932 EBS are small businesses and may be affected by the 
adopted rules.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    15. There are no reporting or recordkeeping requirements adopted in 
the Report and Order. The revisions adopted in the Report and Order 
are, for the most part, intended to enhance the performance of the EAS 
while reducing the burden on digital wireless cable systems. We 
emphasize that participation in state and local EAS activities remains 
voluntary and that we do not impose additional costs or burdens on 
entities that choose not to participate in state and local area EAS 
plans. The Report and Order adopts rules that permit new equipment 
capabilities and new policies with regard to method of delivery of EAS 
messages to viewers for all EAS alerts: National, state and local. 
These modifications will lessen cost and operational burdens on digital 
wireless cable system EAS participants.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives: (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 small entities.
    17. In the NPRM, we sought comment on the impact of our proposals 
on small entities and on any possible alternatives that would minimize 
the impact on small entities. In adopting the modifications contained 
in the Report and Order, we have attempted to minimize the burdens on 
all entities.

Report to Congress

    18. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the 
Commission will send a copy of the Report and Order, including the 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Report and Order and FRFA (or summaries 
thereof) will also be published in the Federal Register.

Paperwork Reduction Act of 1995 Analysis

    19. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified ``information collection burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198; see 44 U.S.C. 
3506(4).

Ordering Clauses

    20. Accordingly, it is ordered that pursuant to the authority 
contained in sections 1, 4(i), 4(j), and 4(o), 303(r), 624(g) and 706 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
154(j), and 154(o), 303(r), 544(g) and 606, this Report and Order is 
adopted.
    21. It is further ordered that part 11 of the Commission's rules, 
47 CFR part 11, is amended as set forth, effective May 13, 2005.
    22. It is further ordered that the Reference Information Center, 
Consumer and Governmental Affairs Bureau, shall send a copy of this 
Report and Order, including the Final Regulatory Flexibility Analysis, 
to Congress pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A).
    23. It is further ordered that the Reference Information Center, 
Consumer and Governmental Affairs Bureau, shall send a copy of this 
Report and Order, 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

    Television, Wireless cable, Emergency alert system, EAS, Force 
tune.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications

[[Page 19315]]

Commission amends 47 CFR part 11 as follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority for part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.

0
2. Section 11.11 is amended by revising the table entitled ``WIRELESS 
CABLE SYSTEMS (MDS/MMS/ITFS STATIONS)'' in paragraph (a) to read as 
follows:


Sec.  11.11  The Emergency Alert System (EAS).

    (a) * * *
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WIRELESS CABLE SYSTEMS (BRS/EBS STATIONS)

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[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.]

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                                                          System size and effective dates
   B. EAS equipment requirement   ------------------------------------------------------------------------------
                                            >= 5,000 subscribers                    < 5,000 subscribers
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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     Y 10/1/02.............................  N
 all channels \3\.
Video interrupt and audio alert    N.....................................  Y 10/1/02
 message on all channels; \4\
 Audio and Video EAS message on
 at least one channel.
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\1\ The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message
  or to the Required Monthly Test (RMT) under Sec.   11.61(a)(1). 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\ All wireless cable systems may comply with this requirement by providing a means to switch all programmed
  channels to a predesignated channel that carries the required audio and video EAS messages.
\4\ 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.

* * * * *

0
3. Section 11.51 is amended by adding paragraphs (g)(5) and (h)(5) to 
read as follows:


Sec.  11.51  EAS code and Attention Signal Transmission requirements.

    (g) * * *
    (5) Wireless cable systems with a requirement to carry the audio 
and video EAS message on at least one channel and a requirement to 
provide video interrupt and an audio alert message on all other 
channels stating which channel is carrying the audio and video EAS 
message, may comply by using a means on all programmed channels that 
automatically tunes the subscriber's set-top box to a pre-designated 
channel which carries the required audio and video EAS messages.
    (h) * * *
    (5) Wireless cable systems with a requirement to carry the audio 
and video EAS message on all downstream channels may comply by using a 
means on all programmed channels that automatically tunes the 
subscriber's set-top box to a pre-designated channel which carries the 
required audio and video EAS messages.
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[FR Doc. 05-7412 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P