[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71023-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23271]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-296; FCC 05-191]


Review of the Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts rules that expand the reach of the Emergency Alert 
System (EAS), as currently constituted, to cover digital communications 
technologies that are increasingly being used by the American public to 
receive news and entertainment--digital television and radio, digital 
cable, and satellite television and radio. This First Report and Order 
is the most recent in a series of proceedings in which the Commission 
has sought to contribute to an efficient and technologically current 
public alert and warning system.

DATES: Effective Date: The rules set forth in the First Report and 
Order shall become effective for digital television broadcasters, 
digital audio broadcasters, digital cable systems and SDARS licensees 
on December 31, 2006, and for DBS providers on May 31, 2007, except 
Sec. Sec.  11.15, 11.21, 11.35, 11.51, 11.52, 11.55 and 11.61 which 
contains information that has not been approved by OMB. The Commission 
will publish a document in the Federal Register announcing the 
effective dates of these sections.
    Comment Date: Written comments by the public on the new and/or 
modified information collection requirements are due January 24, 2006.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554. You may submit your Paperwork 
Reduction Act (PRA) comments by electronic mail or U.S. mail. To submit 
your PRA comments by electronic mail, send comments to: [email protected]. To 
submit your PRA comments by U.S. mail, mark them to the attention of 
Judith B. Herman and address them to the Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jean Ann Collins, Senior Counsel, 
Office of Homeland Security, Enforcement Bureau, at (202) 418-1199. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
e-mail to [email protected] or contact Judith B. Herman at (202) 418-0214.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order in EB Docket No. 04-296, FCC 05-191, adopted November 
3, 2005, and released November 10, 2005. The complete text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, 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 (800) 378-3160 or (202) 863-2893, 
facsimile (202) 863-2898, or via e-mail at http://www.bcpiweb.com. It 
is also available on the Commission's Web site at http://www.fcc.gov. 
This document contains new information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection requirements contained in this document as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due January 24, 2006. In addition, the Commission notes 
that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously 
sought specific comment on how the Commission might ``further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.''
    In this present document, the Commission has assessed the effects 
of expanding the reach of EAS to cover DTV, DAB, digital cable, DBS and 
SDARS providers, and finds that this imposes minimal regulation on 
small entities to the extent consistent with the Commission's goal of 
advancing its public safety mission.

[[Page 71024]]

Synopsis of the First Report and Order

    1. Background. In the Notice of Proposed Rulemaking (NPRM) (69 FR 
16193, August 30, 2004), the Commission sought comment on whether the 
EAS in its present form is the most efficient mechanism for warning the 
American public of an emergency and, if not, on how the Emergency Alert 
System (EAS) can be improved. The main objective of the NPRM was to 
seek comment on whether the EAS as currently constituted is the most 
effective and efficient public warning system that best takes advantage 
of appropriate technological advances and best responds to the public's 
need to obtain timely emergency information. The NPRM sought comment on 
the current efficacy of EAS in an age when the communications landscape 
has evolved from what it was when EAS predecessors, and EAS itself, 
were originally conceived.
    2. Introduction. In the First Report and Order, the Commission 
takes steps to advance its important public safety mission by adopting 
rules that expand the reach of EAS, as currently constituted, to cover 
digital communications technologies that are increasingly being used by 
the American public to receive news and entertainment--digital 
television and radio, digital cable, and satellite television and 
radio.
    3. Discussion. The Commission's immediate concern, and the subject 
of this First Report and Order, is to ensure that increasingly popular 
digital technologies deliver some level of basic national or regional 
warning now, while more sophisticated alert and warning systems are 
being developed. It is an essential element of the Commission's mission 
to ensure that the American public receives public alerts and warnings. 
For the reasons indicated below, the Commission believes that the 
current EAS is overall the most effective way to provide such a basic 
level of warning as the Commission transitions to more sophisticated 
systems. Accordingly, the Commission adopts rules to ensure that 
digital television (DTV), digital audio broadcasting (DAB), digital 
cable, direct broadcast satellite (DBS) and satellite digital audio 
radio service (SDARS) consumers are provided with effective, basic 
alert and warning information now, in a manner that will neither 
interfere with nor impede the ongoing development of a fully integrated 
state of the art warning system. The Commission seeks to facilitate 
this steady transition to a digital warning system by extending the EAS 
obligations of analog broadcasters and cable systems to these 
additional digital communications systems.
    4. The Commission believes that the benefits of requiring DTV, DAB, 
digital cable, DBS and SDARS licensees to participate in the current 
EAS far outweigh any burdens associated with implementing these 
requirements. EAS represents a significant and valuable investment that 
provides effective alert and warning during the time that new, 
digitally-based public alert and warning systems are being developed. 
The Commission agrees with those commenters who argue that EAS should 
remain an important component of any future alert and warning system. 
Further, in most cases, the digital platforms affected by this First 
Report and Order either have in place the ability to distribute EAS 
warnings, or can do so in a reasonable amount of time and with 
reasonable cost. Accordingly, based on the Commission's examination of 
the record in this proceeding, it does not believe that requiring these 
digital services to install and use EAS equipment will impose undue 
regulatory or financial burdens. The Commission will continue, along 
with other agencies and industry, to explore ways in which emergency 
information might be made available in a more efficient, effective, and 
technologically current fashion.
    5. Digital Television. Television broadcasting in the United States 
is in the midst of a conversion from analog to digital technology. The 
majority of television stations serving all markets in the United 
States are already airing DTV programming, and the Commission set a 
target date of December 31, 2006 for the completion of the DTV 
transition. When the DTV transition is complete, some of the spectrum 
currently used for broadcast television will be reclaimed and put to 
other uses, notably public safety. The Commission has adopted standards 
and rules that address the transition of the nation's television 
broadcasters from analog to DTV, which are set forth in Part 73 of the 
Commission's rules. None of these rules, however, have addressed EAS 
participation.
    6. In the NPRM, the Commission sought comment on whether to make 
participation compulsory. The Commission asked commenters to address 
the possibility that when television stations turn off their analog 
signals as part of the DTV transition, they could leave a market devoid 
of an EAS participating broadcaster. The Commission also noted that DTV 
broadcasters have the ability to multicast, i.e., to transmit more than 
one program stream on their assigned channel. The Commission sought 
comment on whether DTV broadcasters should be required to transmit EAS 
messages on all program streams, or whether they should be permitted to 
transmit on only one stream and force tune receivers to that stream.
    7. Based on the record before the Commission, the Commission finds 
that revising its EAS rules to apply to DTV broadcasters furthers the 
public interest by ensuring that the public--regardless of the form of 
technology used--receives emergency information. Accordingly, the 
Commission will require DTV broadcasters to comply with the 
Commission's part 11 rules. DTV broadcasters must participate in all 
national EAS activations. Participation in state and local EAS 
activations will remain voluntary, but if DTV broadcasters choose to 
transmit state and local EAS messages they must comply with the 
Commission's part 11 rules governing those messages. Essentially, DTV 
providers will now have the same EAS obligations as analog television 
broadcasters, including, inter alia, the obligations to install ENDEC 
units so that the monitoring and transmitting functions are available 
during the times stations are in operation and transmit EAS test 
messages. These requirements will be effective on December 31, 2006.
    8. In addition, the Commission concludes that when a DTV 
broadcaster participates in EAS activations, it must provide the EAS 
message to viewers of all program streams that the DTV broadcaster 
provides over a particular channel. All DTV viewers should have access 
to the potentially life-saving emergency information contained in EAS 
messages. The Commission concludes that all viewers should be informed 
of critical emergency information regardless of which program stream 
they are viewing.
    9. Digital Cable. Cable systems, like broadcasters, are required to 
carry Presidential EAS messages, and permitted to transmit state and 
local EAS messages on a voluntary basis. In 1997, the Commission 
extended EAS requirements to wireless cable systems. The Commission's 
EAS requirements do not specifically refer to digital cable, which was 
not in widespread use in 1994 when EAS was implemented. In the NPRM, 
the Commission sought comment on whether it should extend EAS 
obligations to digital media, including digital cable television. In 
addition, the Commission raised technical questions regarding digital 
cable service participation in EAS.

[[Page 71025]]

    10. Digital cable offers a number of advantages over analog cable. 
For instance, the digital format eliminates unwanted noise and 
interference from programming. Further, digital compression allows more 
than five times the number of stations to be delivered via the same 
bandwidth, on additional channel capacity that allows digital cable 
operators to deliver ``near on-demand'' programming by staggering the 
start times of programs on different channels. Because of these 
advantages, digital cable is increasingly deployed with analog cable in 
the marketplace. By 2005, more than 23 percent of TV households 
subscribed to digital cable.
    11. The Commission specifically extends the EAS obligations set 
forth in Part 11 of its rules to digital cable systems. For purposes of 
this First Report and Order and Part 11 of the Commission's rules only, 
the term ``digital cable systems'' is defined as the portion of a cable 
system that delivers channels in digital format to subscribers. 
Essentially, digital cable systems will now have the same EAS 
obligations as analog cable systems. Specifically, the Commission will 
require digital cable systems to participate in national level EAS 
activations. Participation in state and local EAS activations will 
continue to be voluntary, but digital cable systems that choose to 
participate must comply with the part 11 rules.
    12. The Commission will permit digital cable systems that are 
participating in EAS activations to determine the method they will use 
to distribute EAS messages to viewers of digital cable channels as long 
as all viewers receive the complete EAS message on the channel that 
they are watching. For example, digital cable systems may transmit EAS 
messages on all digital channels or transmit EAS messages on a single 
channel and force tune all receivers to that channel. Under the rules 
adopted in the EAS First Report and Order, digital cable systems with 
fewer than 5,000 subscribers must, like analog and wireless cable 
systems with fewer than 5,000 subscribers, provide a video interruption 
and an audio alert message on all channels and the EAS message on at 
least one channel.
    13. Digital Audio Broadcasting. Radio stations using in-band, on-
channel (IBOC) digital audio broadcasting (DAB) technology are able to 
provide enhanced sound fidelity, improved reception, multiple audio 
streams, and new data services to digital-ready radio receivers. This 
technology makes use of the existing AM and FM bands (In-Band) by 
adding digital carriers to a radio station's analog signal, allowing 
broadcasters to transmit digitally on their existing channel 
assignments (On-Channel) while simultaneously maintaining their analog 
service. Thus, IBOC permits the transmission of both analog and digital 
signals within the spectral emission mask of a single AM or FM channel, 
placing digital information on frequencies immediately adjacent to the 
analog signal. This technology allows new radios to receive both 
digital broadcasts and analog broadcasts from stations that have not 
yet converted to digital. This system is designed to blend to analog 
when digital reception fails. Radio stations will eventually convert to 
all-digital modes of operation. DAB does not require use of additional 
spectrum and there is no statutory mandate to convert to a digital 
format.
    14. The Commission revises its part 11 EAS rules to apply to DAB 
broadcasters. The Commission will require DAB broadcasters to air all 
national EAS messages. Participation in state and local EAS activations 
will be voluntary, as it is for analog radio broadcasters. If DAB 
broadcasters choose to participate in state and local EAS activations, 
they must comply with the Commission's part 11 EAS rules. Essentially, 
DAB providers will now have the same EAS obligations as analog radio 
broadcasters. The Commission will also require DAB broadcasters to 
transmit all EAS messages that they air on all audio streams. Because 
DAB broadcasters will face similar burdens of equipment purchase, 
installation and training as DTV and digital cable providers, the 
Commission will apply the same date of compliance that it applied for 
DTV and digital cable. Accordingly, these rules will be effective 
December 31, 2006.
    15. The Commission agrees with commenters who argue that EAS 
requirements should apply to all audio streams because the goal of EAS 
as a public warning system is to reach as many people as possible with 
lifesaving information and to do otherwise would result in the reduced 
effectiveness of EAS as digital radio listenership increases. All 
listeners should be informed of critical emergency information 
regardless of which audio stream they are listening to. The Commission 
sees no reason to exempt subscription-based streams. Further, as the 
Commission afforded to DTV broadcasters, the Commission affords DAB 
broadcasters more than a year to comply with these rules and grant DAB 
broadcasters the flexibility to determine the method they will use to 
distribute EAS messages to listeners of all audio streams as long as 
all listeners receive the complete and timely EAS message on the stream 
that they are listening to.
    16. Satellite Digital Audio Radio Service. Governed by part 25 of 
the Commission's rules, SDARS provides a wide variety of digital radio 
programming on a subscription basis to subscribers throughout the 
contiguous United States. Most SDARS programming is created in the 
licensees' central headquarters in New York City (Sirius) and 
Washington, DC (XM), but SDARS licensees also re-transmit the 
programming of third-party content providers. Content is currently 
transmitted exclusively on a nationwide basis. SDARS licensees have 
recently begun providing metropolitan area traffic and weather updates 
on a round-the-clock basis by means of dedicated channels, but all 
subscribers receive each of these channels on a nationwide basis. 
SDARS, however, is not a broadcast service, and is not currently 
required to participate in EAS. In the NPRM, the Commission sought 
comment on whether it should adopt rules extending EAS obligations to 
other digital networks, such as SDARS.
    17. The Commission amends part 11 of its rules to require that all 
SDARS licensees participate in EAS. The new rules will require SDARS 
licensees to transmit national level EAS messages on all channels. The 
Commission will require that SDARS licensees receive national EAS 
messages through an encoder/decoder (ENDEC) unit, the same manner as 
currently required of broadcasters and cable systems, from which they 
must directly monitor at least two sources, including one PEP station, 
or must directly monitor FEMA. This should not be difficult to 
accomplish as XM currently already monitors EAS alerts from an LP-1 
station through an ENDEC unit located at its Washington, D.C. 
headquarters. The Commission strongly encourages SDARS licensees to 
have the ability to receive EAS alerts from state and local emergency 
managers and the ability to disseminate state and local EAS warnings on 
local traffic and weather channels that the SDARS licensees provide. 
The Commission will require SDARS licensees to inform their customers 
of the channels that will and will not be capable of supplying state 
and local EAS messages. Finally, the Commission will require SDARS 
licensees to test their ability to receive and distribute EAS messages 
in the same manner required of other EAS participants in section 11.61 
of the Commission's rules and to keep records of all tests. Because 
SDARS licensees will face burdens of equipment

[[Page 71026]]

purchase, installation and/or training similar to those of DTV and DAB 
broadcasters and digital cable providers, these new rules will also 
take effect December 31, 2006.
    18. The Commission will allow SDARS licensees that choose to 
implement the ability to receive state and local EAS warnings to 
develop the methods by which they can receive state and local EAS 
messages. In addition, the Commission encourages SDARS licensees that 
choose to implement the ability to receive and transmit state and local 
EAS warnings to develop additional ways of distributing EAS messages to 
the appropriate listeners, regardless of the channel they are listening 
to. Finally, the Commission requires SDARS licensees to inform their 
customers of the channels that will and will not supply state and local 
EAS messages. This information should be provided on the SDARS 
licensee's website and also distributed in writing to customers at 
least annually.
    19. To alert listeners to an emergency announcement that may 
interest them, Sirius also suggested exploring the possibility of pre-
empting the text box that normally contains the channel name and 
current programming, to announce the state or region and type of alert, 
and the channel number transmitting detailed information. The 
Commission strongly encourages such developments, and the use of the 
SDARS and DAB text box to display entire EAS messages, which the 
Commission hopes to see included in any next generation public alert 
and warning system.
    20. Direct-to-Home Satellite Services. DTH satellite services 
include DBS and Home Satellite Dish (HSD) services. Under the 
Commission's current part 11 rules, DBS providers and HSD providers are 
not required to participate in EAS, but may participate on a voluntary 
basis. The Commission has encouraged such participation. For purposes 
of this First Report and Order, DBS providers include the entities set 
forth in section 25.701(a) of the Commission's rules. Accordingly, DBS 
providers include: (1) Entities licensed to operate satellites in the 
12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate 
satellites in the Ku band fixed satellite service (FSS) and that sell 
or lease capacity to a video programming distributor that offers 
service directly to consumers providing a sufficient number of channels 
so that four percent of the total applicable programming channels 
yields a set aside of at least one channel of non commercial 
programming pursuant to section 25.701(e) of the Commission's rules, or 
(3) non U.S. licensed satellite operators in the Ku band that offer 
video programming directly to consumers in the United States pursuant 
to an earth station license issued under part 25 of this title and that 
offer a sufficient number of channels to consumers so that four percent 
of the total applicable programming channels yields a set aside of one 
channel of non commercial programming pursuant to section 25.701(e) of 
the Commission's rules. This definition ensures that the EAS rules 
apply to the vast majority of existing DTH satellite services, 
particularly those for which viewers may have expectations as to 
available warnings based on experience with broadcast television 
services. The use of this definition will make the EAS obligations 
applicable to DTH-FSS licensees, including those who provide capacity 
to video programming distributors.
    21. HSD providers originally supplied satellite television; 
however, currently, DBS providers serve most satellite television 
consumers. Over the past 5 years, the number of DBS subscribers has 
steadily increased from almost 13 million in June 2000 to over 27 
million in June 2005. During the same time period, the number of HSD 
subscribers has steadily decreased from almost 1.5 million to fewer 
than 150,000. DTH satellite service provides multi-channel video 
programming and now reaches almost 25% of U.S. households with a 
television. DTH satellite providers receive programming from national 
programmers, such as HBO, ESPN, and CNN, and from local channels, such 
as the broadcast affiliates in a particular area, and then transmit 
these programs to customers' receivers. Because of this pass-through 
system, a satellite television customer receives EAS messages only if 
he receives the local broadcast stations as part of his programming 
package, and those stations carry the EAS message.
    22. In the NPRM, the Commission sought comment on: (1) Whether it 
should adopt rules extending EAS obligations to DBS; (2) whether it 
serves the public interest to continue to exempt such satellite 
services that reach increasingly larger numbers of Americans from any 
requirement to provide public warning; (3) what burdens extending the 
EAS obligations would place on such services and whether the benefits 
outweigh the burdens; and (4) technical issues involved with requiring 
DBS providers to comply with the Commission's EAS rules.
    23. In order to ensure that DBS subscribers receive an EAS message 
from the President in the event of a national emergency, the Commission 
modifies its EAS rules to require DBS providers to participate in 
national EAS activations by discontinuing regular programming and 
providing the national EAS message to viewers of all channels. 
Accordingly, DBS providers will be required to comply with the 
Commission's part 11 EAS rules. DBS providers must install equipment 
capable of encoding and decoding the EAS protocol and generating and 
detecting all EAS codes. DBS providers may install this equipment at 
the location most convenient to their system designs. In addition to 
ensuring that EAS equipment complies with Commission rules, providers 
must also monitor two EAS sources upon receipt of an emergency action 
notification and ensure that their EAS monitoring equipment is 
operational. Finally, the Commission will require DBS licensees to test 
their ability to receive and distribute EAS messages. The Commission 
concludes that extending national level EAS requirements to DBS 
providers serves the public interest by ensuring that the significant 
portion of the American public that are DBS subscribers have access to 
this critical emergency information.
    24. Although participation in state and local EAS activations 
remains voluntary, the Commission will require DBS providers to pass 
through all EAS messages aired on local channels to subscribers 
receiving those channels. Therefore, subscribers viewing local channels 
through DBS services will receive all EAS messages transmitted over 
those local channels. Additionally, the Commission concludes that DBS 
providers must be capable of receiving (from state and local emergency 
managers) and distributing state and local EAS messages or they must 
disclose their inability to do on their Web site and in writing to 
their customers at least annually. Most emergencies originate at the 
state and local level and the current EAS system includes an interface 
for state and local emergency managers, providing a way to access the 
system and originate and relay EAS messages. The Commission encourages 
DBS licensees to design their systems to include this capability and, 
specifically, to design their converter boxes to be capable of 
receiving the appropriate regional, state and local EAS messages. Any 
future Public Alert and Warning System will likely include EAS and may 
require DBS licensees to increase participation in regional, state and 
local EAS activations.

[[Page 71027]]

    25. The Commission acknowledges that there are technical issues 
that will need to be resolved in order for DBS licensees to make the 
necessary changes to their systems and wishes to give maximum 
flexibility to DBS providers. Accordingly, the Commission will permit 
DBS providers to determine the method they will use to distribute EAS 
messages to viewers, as long as all viewers receive national EAS 
messages regardless of the channel that they are watching. Because of 
the complexity associated with ensuring that national alert messages 
will be transmitted on all channels that do not originate at local 
broadcast stations, the Commission is providing DBS providers more time 
to comply with these rules. DBS providers will need to modify their 
satellite uplink facilities at multiple locations. DBS providers will 
also need to develop and implement technologies within each of several 
dozen different satellite transponder data streams. Estimates indicate 
that such efforts will likely require approximately 18 months to 
implement fully. Accordingly, these rules will take effect May 31, 
2007. The Commission encourages DBS providers that have the capability 
to participate in EAS activations to do so as soon as possible.
    26. The Commission will require DBS licensees to test their ability 
to receive and distribute EAS messages in a manner similar to that 
required of other EAS participants in section 11.61 of its rules and to 
keep records of all tests. DBS licensees should monitor a state or 
local primary source to participate in testing. Accordingly, the 
Commission will require that DBS providers conduct EAS tests each month 
on at least 10 percent of the total channels they provide. For purposes 
of this calculation, the total number of channels should not include 
those channels that the DBS provider passes through with the embedded 
national, state or local EAS message. The channels tested should vary 
each month, and over the course of a year all channels should be 
tested. DBS providers must log receipt of weekly tests in their 
records. Requiring that only 10 percent of channels be tested each 
month and that weekly tests must only be logged in records should 
reduce the burdens associated with EAS testing for DBS providers. Any 
remaining burdens are outweighed by the public interest benefits of 
testing which ensures that DBS providers are able to receive and 
transmit EAS messages. These testing requirements are no more onerous 
to DBS providers than those required of any other EAS participant. Due 
to the potential technical difficulties and costs associated with 
transmission of weekly tests, in the Further Notice, the Commission 
seeks comment regarding weekly test transmission requirements for DBS 
providers.
    27. Although the Commission encourages participation by HSD 
providers, the Commission will not require their participation in EAS 
because: (1) There were only approximately 145,000 HSD users in June 
2005 and that number continues to decrease; and (2) as HSD users 
receive programming directly from programmers, it would be very 
burdensome for HSD providers to distribute EAS messages to subscribers.
    28. Administrative Matters. The Commission receives numerous 
questions about and requests for clarification and corrections of its 
EAS rules. The Commission finds that several minor administrative 
changes to the EAS rules are in order. Accordingly, the Commission 
amends its EAS rules to delete all reference to the ``FCC EAS mailing 
list'' which the Commission no longer maintains. EAS information may 
now be obtained from the Web site http://www.fcc.gov/eb/eas and from 
the general FCC information number 1888-CALL-FCC. Further, the 
Commission amends section 11.41 to change ``Operating Handbook'' to 
``EAS Operating Handbook.'' In section 11.52(b) of the Commission's 
rules, the Commission will change the reference to 11.51(j)(2) to 
11.51(m)(2). Section 11.53(c) provides that, prior to commencing 
operations, broadcast stations must determine whether the EAS has been 
activated by monitoring the assigned EAS sources. In order to clarify 
how EAS monitoring assignments are determined, the Commission amends 
this section to add the following to the end of section 11.53(c): ``as 
specified in their State or Local plan.'' Finally, because section 
76.305 no longer exists, the reference to that section in 11.54(b)(13) 
is changed to the correct reference: section 76.1711.
    29. Conclusion. The Commission expands the reach of EAS, as 
currently constituted, to ensure that more Americans are able to 
receive national and/or regional public alerts and warnings. Digital 
technologies are rapidly becoming the norm for communications 
technologies and public alert and warning must keep pace with this 
digital revolution. Government and industry are engaged in the early 
stages of efforts to develop a fully integrated, state of the art, 
digitally-based public alert and warning system for the American 
public. Increasingly popular digital technologies must have the ability 
to deliver some level of basic national or regional warning now, during 
the time that more sophisticated alert and warning systems are being 
developed. Further, the Commission amends its EAS rules to ensure that 
persons with disabilities have equal access to public warnings.

Final Paperwork Reduction Act Analysis

    30. This document contains new information collection requirements. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection requirements contained in this Report and Report and Order 
as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments are due January 24, 2006.

Final Regulatory Flexibility Analysis

    31. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM. The Commission sought written public comment 
on the proposals in the NPRM, including comment on the IRFA. The 
Commission received no comments specifically directed toward the IRFA. 
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Rules

    32. Today's Order establishes rules that expand the reach of the 
Emergency Alert System (EAS), as currently constituted, to cover the 
following digital communications technologies that are increasingly 
being used by the American public to receive news and entertainment--
digital television and radio, digital cable, and satellite television 
and radio. As noted in the Order, one of the most fundamental and 
significant statutory mandates of the Commission is the promotion of 
safety of life and property through the use of wire and radio 
communication. Clearly, some level of EAS participation must be 
established for new digital services to ensure that large portions of 
the American public are able to receive national and/or regional public 
alerts and warnings.
    33. This Order is a follow-up to the NPRM that was issued last 
year. In the NPRM, the Commission solicited comment on an array of 
questions and potential rule changes to contribute to an efficient and 
technologically current public alert and warning system. The NPRM also 
solicited comments and participation of state and local

[[Page 71028]]

emergency planning organizations and all telecommunications industries 
to develop a more effective EAS. The EAS First Report and Order takes 
initial steps to resolve the issues raised in the NPRM.

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

    34. There were no comments filed that specifically addressed the 
IRFA. Nonetheless, the agency considered the potential impact of the 
rules discussed in the IRFA on small entities and reduced the 
compliance burden for all small entities (as discussed in Appendix A of 
the NPRM) in order to reduce the economic impact of the rules enacted 
herein on such entities.

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

    35. 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) 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).
    36. 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 2002, there were 
approximately 1.6 million small organizations. The term ``small 
governmental jurisdiction'' is defined as ``governments of cities, 
towns, townships, villages, school districts, or special districts, 
with a population of less than fifty thousand.'' As of 1997, there were 
approximately 87,453 governmental jurisdictions in the United States. 
This number includes 39,044 county governments, municipalities, and 
townships, of which 37,546 (approximately 96.2%) have populations of 
fewer than 50,000, and of which 1,498 have populations of 50,000 or 
more. Thus, the Commission estimates the number of small governmental 
jurisdictions overall to be 84,098 or fewer. Nationwide, there are a 
total of approximately 22.4 million small businesses, according to SBA 
data.
    37. Television Broadcasting. The SBA has developed a small business 
sized standard for television broadcasting, which consists of all such 
firms having $12 million or less in annual receipts. Business concerns 
included in this industry are those primarily engaged in broadcasting 
images together with sound. According to Commission staff review of BIA 
Publications, Inc. Master Access Television Analyzer Database, as of 
May 16, 2003, about 814 of the 1,220 commercial television stations in 
the United States had revenues of $12 million or less. The Commission 
notes, however, that, in assessing whether a business concern qualifies 
as small under the above definition, business (control) affiliations 
must be included. The Commission's estimates, therefore, likely 
overstate the number of small entities that might be affected by its 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. There are also 
2,127 low power television stations (LPTV). Given the nature of this 
service, the Commission will presume that all LPTV licensees qualify as 
small entities under the SBA size standard.
    38. Radio Stations. The revised rules and policies potentially will 
apply to all AM and commercial FM radio broadcasting licensees and 
potential licensees. The SBA defines a radio broadcasting station that 
has $6 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 number. According to 
Commission staff review of BIA Publications, Inc. Master Access Radio 
Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 
commercial radio stations have revenue of $6 million or less. The 
Commission notes, however, that many radio stations are affiliated with 
much larger corporations having much higher revenue. The Commission's 
estimate, therefore, likely overstates the number of small entities 
that might be affected by this action.
    39. Cable and Other Program Distribution. The SBA has developed a 
small business size standard for cable and other program distribution, 
which consists of all such firms having $12.5 million or less in annual 
receipts. According to Census Bureau data for 1997, in this category 
there was a total of 1,311 firms that operated for the entire year. Of 
this total, 1,180 firms had annual receipts of under $10 million, and 
an additional 52 firms had receipts of $10 million to $24,999,999. 
Thus, under this size standard, the majority of firms can be considered 
small. In addition, limited preliminary census data for 2002 indicate 
that the total number of cable and other program distribution companies 
increased approximately 46 percent from 1997 to 2002.
    40. Cable System Operators (Rate Regulation Standard). The 
Commission has developed its own small business size standard for cable 
system operators, for purposes of rate regulation. Under the 
Commission's rules, a ``small cable company'' is one serving fewer than 
400,000 subscribers nationwide. The Commission has estimated that there 
were 1,439 cable operators who qualified as small cable system 
operators at the end of 1995. Since then, some of those companies may 
have grown to serve over 400,000 subscribers, and others may have been 
involved in transactions that caused them to be combined with other 
cable operators. Consequently, the Commission estimates that there are 
now fewer than 1,439 small entity cable system operators that may be 
affected by the rules and policies proposed herein.
    41. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, 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, 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 its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, the Commission estimates that the 
number of cable operators serving 677,000 subscribers or fewer, totals 
1,450. The Commission neither requests nor collects information on 
whether cable system operators are affiliated with entities whose gross 
annual revenues

[[Page 71029]]

exceed $250 million, and therefore are unable, at this time, to 
estimate more accurately the number of cable system operators that 
would qualify as small cable operators under the size standard 
contained in the Communications Act of 1934.
    42. Multipoint Distribution Systems. The established rules apply to 
Multipoint Distribution Systems (MDS) operated as part of a wireless 
cable system. 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, the Commission estimates 
that of the 61 small business MDS auction winners, 48 remain small 
business licensees.
    43. MDS also includes licensees of stations authorized prior to the 
auction. As noted above, 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 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, the Commission estimates that there are at 
least 440 (392 pre-auction plus 48 auction licensees) small MDS 
providers as defined by the SBA and the Commission's auction rules 
which may be affected by the rules adopted herein. In addition, limited 
preliminary census data for 2002 indicate that the total number of 
cable and other program distribution companies increased approximately 
46 percent from 1997 to 2002.
    44. Instructional Television Fixed Service. The established rules 
would also apply to Instructional Television Fixed Service facilities 
operated as part of a wireless cable system. The SBA definition of 
small entities for pay television 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, the 
Commission does not collect annual revenue data for ITFS licensees and 
is not able to ascertain how many of the 100 non-educational licensees 
would be categorized as small under the SBA definition. Thus, the 
Commission tentatively concludes that at least 1,932 are small 
businesses and may be affected by the established rules.
    45. Satellite Telecommunications and Other Telecommunications. The 
Commission has not developed a small business size standard 
specifically for providers of satellite service. The appropriate size 
standards under SBA rules are for the two broad categories of Satellite 
Telecommunications and Other Telecommunications. Under both categories, 
such a business is small if it has $12.5 or less in average annual 
receipts. For the first category of Satellite Telecommunications, 
Census Bureau data for 1997 show that there were a total of 324 firms 
that operated for the entire year. Of this total, 273 firms had annual 
receipts of under $10 million, and an additional twenty-four firms had 
receipts of $10 million to $24,999,999. Thus, the majority of Satellite 
Telecommunications firms can be considered small.
    46. The second category--Other Telecommunications--includes 
``establishments primarily engaged in * * * providing satellite 
terminal stations and associated facilities operationally connected 
with one or more terrestrial communications systems and capable of 
transmitting telecommunications to or receiving telecommunications from 
satellite systems.'' Of this total, 424 firms had annual receipts of $5 
million to $9,999,999 and an additional 6 firms had annual receipts of 
$10 million to $24,999,990. Thus, under this second size standard, the 
majority of firms can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    47. In the Order, the Commission takes steps to advance its public 
safety mission by adopting rules that expand the reach of EAS, as 
currently constituted, to cover the following digital communications 
technologies: digital television and radio, digital cable, and 
satellite television and radio.
    48. As indicated above, the Commission has revised its EAS rules to 
make them apply to DTV broadcasters. The Order requires that DTV 
broadcasters comply with the Commission's part 11 rules. Thus, DTV 
broadcasters must participate in all national EAS activations. 
Participation in state and local EAS activations will remain voluntary, 
but if DTV broadcasters choose to transmit state and local EAS messages 
they must comply with the Commission's part 11 rules governing those 
messages. Essentially, DTV providers will now have the same EAS 
obligations as analog television broadcasters. In addition, the Order 
requires that, when DTV broadcasters participate in EAS activations, 
they must provide the EAS message to viewers of all program streams.
    49. The Commission has revised its EAS rules to require digital 
cable systems to participate in national level EAS activations. Digital 
cable systems will now have the same EAS obligations as analog cable 
systems. Participation in state and local EAS activations will continue 
to be voluntary, but digital cable systems that choose to participate 
must comply with the part 11 rules. The Order requires that digital 
cable systems with fewer than 5,000 subscribers must, like analog and 
wireless cable systems with fewer than 5,000 subscribers, provide a 
video interruption and an audio alert message on all channels and the 
EAS message on at least one channel.
    50. The Commission also has revised its EAS rules to make them 
apply to digital audio broadcasting (DAB) providers. The Order requires 
digital audio broadcasters to air all national EAS messages. 
Participation in state and local EAS activations will be voluntary, as 
it is for analog radio broadcasters. If DAB providers choose to 
participate in state and local EAS activations, they must comply with 
part 11 of the Commission's rules. DAB providers will now have the same 
EAS obligations as analog radio broadcasters. The Order also requires 
DAB providers to transmit all EAS messages that they air on all audio 
streams.
    51. The Commission has revised its EAS rules to require that all 
Satellite Digital Audio Radio Service (SDARS) licensees participate in 
EAS in its current form. The Order requires SDARS licensees to transmit 
national level EAS messages on all channels.
    52. The Commission also strongly encourages SDARS licensees to have 
the ability to receive EAS alerts from state and local emergency 
managers and the ability to disseminate state and local EAS warnings on 
any local traffic and weather channels that the SDARS licensees 
provide. The Commission has required SDARS licensees to inform their 
customers of the channels that will and will not supply state and local 
EAS messages. This information should be provided on the SDARS 
licensee's Web site and should also be distributed in writing to 
customers at least annually.

[[Page 71030]]

    53. In addition, in order to ensure that DBS satellite subscribers 
receive an EAS message from the President in the event of a national 
emergency, the Commission has revised its EAS rules to require that DBS 
satellite service providers participate in national EAS activations. 
For purposes of this Order, DBS providers include the entities set 
forth in section 25.701 of the Commission's rules. The Order permits 
DBS satellite service providers to determine the method they will use 
to distribute EAS messages to viewers, as long as all viewers receive 
the national EAS message on the channel they are watching. The 
Commission notes that SBCA commented that DBS operators need additional 
development time to participate in national EAS activations. SBCA 
focuses on the technical and operational difficulties involved in 
investing in new hardware and software, but has provided no cost 
estimate. However, DIRECTV commented that it was prepared to commit the 
assets to develop the systems and procedure necessary to deliver 
National EAS messages. The Commission has determined that the public 
safety benefit that would result from imposing a timely public alert 
and warning obligation on DBS providers far outweighs the burdens to 
such providers from implementing these new requirements.
    54. Although participation in state and local EAS activations 
remains voluntary, the Commission has required DBS providers to pass 
through all EAS messages aired on local channels to subscribers 
receiving those channels so that subscribers viewing local channels 
through DBS services will receive all EAS messages transmitted over 
those local channels. The Commission has also required DBS providers to 
be capable of receiving (from state and local emergency managers) and 
distributing state and local EAS messages or they must disclose their 
inability to do on their website and in writing to their customers at 
least annually.

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

    55. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its 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 and reporting requirements under the rule for such 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.''
    56. The NPRM invited Comments on a number of alternatives to the 
imposition of EAS obligations on the digital communications 
technologies discussed in this Order that are increasingly being used 
by the American public. For example, the NPRM specifically sought 
comment on the technical alternatives to providing EAS messages. In 
particular, the NPRM sought comment on whether the EAS system could be 
made more efficient. Should it be phased out in favor of a new model? 
If so, what would the new model look like? If a new model were to be 
adopted, what legal and practical barriers would have to be overcome to 
ensure its implementation and effectiveness? What technologies should 
serve as the basis for such a model? Alternatively, should EAS 
requirements be extended to other services such as cellular telephones?
    57. The Commission has considered each of the alternatives 
described above, and in the EAS First Report and Order imposes minimal 
regulation on small entities to the extent consistent with the 
Commission's goal of advancing its public safety mission by adopting 
rules that expand the reach of EAS. The affected service providers have 
generally expressed their willingness to cooperate in a national 
warning system, and the Commission anticipates that this addition of 
new providers to EAS can be accomplished swiftly and smoothly. The 
Commission believes that the benefits of requiring DTV, DAB, digital 
cable, satellite DTH and SDARS providers to participate in the current 
EAS far outweigh any burdens associated with implementing these 
requirements. EAS represents a significant and valuable investment that 
is able to provide effective alert and warning during the time that 
new, digitally-based public alert and warning systems are being 
developed. The Commission agrees with those commenters who argue that 
EAS should remain an important component of any future alert and 
warning system. Further, in most cases, the digital platforms affected 
by this Order either have in place the ability to distribute EAS 
warnings, or can do so in a reasonable amount of time and with minimal 
cost. As indicated above, the Commission will continue, along with 
other agencies and industry, to explore ways in which emergency 
information might be made available in an efficient, effective, and 
technologically current fashion.

Report to Congress

    58. The Commission will send a copy of the Order, including this 
FRFA, in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act. In 
addition, the Commission will send a copy of the Order, including this 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Order 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.

Report and Ordering Clauses

    59. Accordingly, it is ordered that pursuant to sections 1, 4(i), 
4(o), 303(r), 403, 624(g) and 706 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i) and (o), 303(r), 403, 554(g) and 606, 
the First Report and Order in EB Docket No. 04-296 is adopted, and that 
part 11 of the Commission's rules, 47 CFR part 11, is revised as set 
forth in the rule changes. The rules set forth in the First Report and 
Order shall become effective for digital television broadcasters, 
digital audio broadcasters, digital cable systems and SDARS licensees 
on December 31, 2006, and for DBS providers on May 31, 2007, except 
Sec. Sec.  11.15, 11.21, 11.35, 11.51, 11.52, 11.55 and 11.61 which 
contains information that has not been approved by OMB. The Commission 
will publish a document in the Federal Register announcing the 
effective dates of these sections.
    60. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this First Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 11

    Radio, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 11 as follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

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


[[Page 71031]]


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


0
2. Revise Sec.  11.1 to read as follows:


Sec.  11.1  Purpose.

    This part contains rules and regulations providing for an Emergency 
Alert System (EAS). The EAS provides the President with the capability 
to provide immediate communications and information to the general 
public at the National, State and Local Area levels during periods of 
national emergency. The rules in this part describe the required 
technical standards and operational procedures of the EAS for analog 
AM, FM, and TV broadcast stations, digital broadcast stations, analog 
cable systems, digital cable systems, wireless cable systems, Direct 
Broadcast Satellite (DBS) services, Satellite Digital Audio Radio 
Service (SDARS), and other participating entities. The EAS may be used 
to provide the heads of State and local government, or their designated 
representatives, with a means of emergency communication with the 
public in their State or Local Area.

0
3. Amend Sec.  11.11 by revising paragraphs (a), (b) and (e) to read as 
follows:


Sec.  11.11  The Emergency Alert System (EAS).

    (a) The EAS is composed of analog radio broadcast stations 
including AM, FM, and Low-power FM (LPFM) stations; digital audio 
broadcasting (DAB) stations, including digital AM, FM, and Low-power FM 
stations; analog television broadcast stations including Class A 
television (CA) and Low-power TV (LPTV) stations; digital television 
(DTV) broadcast stations, including digital CA and digital LPTV 
stations; analog cable systems; digital cable systems which are defined 
for purposes of this part only as the portion of a cable system that 
delivers channels in digital format to subscribers at the input of a 
Unidirectional Digital Cable Product or other navigation device; 
wireless cable systems which may consist of Broadband Radio Service 
(BRS), or Educational Broadband Service (EBS) stations; DBS services, 
as defined in 47 CFR 25.701(a) (including certain Ku-band Fixed-
Satellite Service Direct to Home providers); SDARS, as defined in 47 
CFR 25.201; participating broadcast networks, cable networks and 
program suppliers; and other entities and industries operating on an 
organized basis during emergencies at the National, State and local 
levels. These entities are referred to collectively as EAS Participants 
in this part, and are subject to this part, except as otherwise 
provided herein. These rules in this part are effective on December 31, 
2006 for DTV, DAB, digital cable and SDARS providers, and on May 31, 
2007 for DBS providers. At a minimum EAS Participants must use a common 
EAS protocol, as defined in Sec.  11.31, to send and receive emergency 
alerts in accordance with the effective dates listed above in this 
paragraph and in the following tables:

                                                          Analog and Digital Broadcast Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                FM Class D                                   Class A TV
  EAS equipment requirement        AM & FM         Digital       TV AM & FM         DTV            \1\          LPTV \2\       LPFM \3\         \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone encoder \5\ \6\.....  Y               Y 12/31/06      Y               Y 12/31/06     N              N              N              .............
EAS decoder..................  Y 1/1/97        Y 12/31/06      Y 1/1/97        Y 12/31/06     Y 1/1/97       Y 1/1/97       Y              Y
EAS encoder..................  Y 1/1/97        Y 12/31/06      Y 1/1/97        Y 12/31/06     N              N              N              .............
Audio message................  Y 1/1/97        Y 12/31/06      Y 1/1/97        Y 12/31/06     Y 1/1/97       Y 1/1/97       Y              Y
Video message................  N/A             N/A             Y 1/1/97        Y 12/31/06     N/A            Y 1/1/97       N/A            .............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Effective December 31, 2006, digital FM Class D stations have the same requirements.
\2\ LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment. Effective December 31,
  2006, digital LPTV stations have the same requirements.
\3\ 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. Effective December 31, 2006, digital LPFM stations have the same requirements.
\4\ Effective December 31, 2006, digital Class A TV stations have the same requirements.
\5\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\6\ 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.


                                              Analog Cable Systems
  [A. Analog 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 analog cable systems must comply with B.]
----------------------------------------------------------------------------------------------------------------
                                         System size and effective dates
-----------------------------------------------------------------------------------------------------------------
                                                                   >=5,000 but <10,000
     B. EAS equipment requirement         >=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
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\ Analog 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.


[[Page 71032]]


                Wireless Cable Systems (BRS/EBS 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                 subscribers           <5,000
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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.


                          Digital Cable Systems
  [A. Digital 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 December 31, 2006,
 or comply with the following EAS requirements. All other digital cable
                      systems must comply with B.]
------------------------------------------------------------------------
                     System size and effective dates
-------------------------------------------------------------------------
                                         >=5,000             <5,000
   B. EAS equipment requirement        subscribers        subscribers
------------------------------------------------------------------------
Two-tone signal from storage       Y 12/31/06          Y 12/31/06
 device \1\.
EAS decoder \3\..................  Y 12/31/06          Y 12/31/06
EAS encoder \2\..................  Y 12/31/06          Y 12/31/06
Audio and Video EAS Message on     Y 12/31/06          N
 all channels \4\.
Video interrupt and audio alert    N                   Y 12/31/06
 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\ Digital 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.
\4\ All digital 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.
Note: Programmed channels do not include channels used for the
  transmission of data such as interactive games or the transmission of
  data services such as Internet.


                              SDARS and DBS
------------------------------------------------------------------------
    EAS equipment requirement             SDARS               DBS
------------------------------------------------------------------------
Two-tone signal \1\..............  Y 12/31/06          Y 5/31/07
EAS decoder......................  Y 12/31/06          Y 5/31/07
EAS encoder......................  Y 12/31/06          Y 5/31/07
Audio message on all channels \2\  Y 12/31/06          Y 5/31/07
Video message on all channels \2\  N/A                 Y 5/31/07
------------------------------------------------------------------------
\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\ All SDARS and DBS providers 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 or by
  any other method that ensures that viewers of all channels receive the
  EAS message.

    (b) Analog class D non-commercial educational FM stations as 
defined in Sec.  73.506 of this chapter, digital class D non-commercial 
educational FM stations, analog LPFM stations as defined in Sec. Sec.  
73.811 and 73.853 of this chapter, digital LPFM stations, analog LPTV 
stations as defined in Sec.  74.701(f), and digital LPTV stations as 
defined in Sec.  74.701(k) of this chapter are not required to comply 
with Sec.  11.32. Analog and digital 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

[[Page 71033]]

broadcast stations as defined in Sec.  73.701 of this chapter are not 
required to comply with the requirements of this part. Analog and 
digital 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 percent 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 Sec. Sec.  11.32 and 11.33.
* * * * *
    (e) Organizations using other communications systems or 
technologies such as low earth orbit satellite systems, paging, 
computer networks, etc. may join the EAS on a voluntary basis by 
contacting the FCC. Organizations that choose to voluntarily 
participate must comply with the requirements of this part.

0
4. Revise Sec.  11.13 to read as follows:


Sec.  11.13  Emergency Action Notification (EAN) and Emergency Action 
Termination (EAT).

    (a) The Emergency Action Notification (EAN) is the notice to all 
EAS Participants and to the general public that the EAS has been 
activated for a national emergency.
    (b) The Emergency Action Termination (EAT) is the notice to all EAS 
Participants and to the general public that the EAN has terminated.

0
5. Revise Sec.  11.15 to read as follows:


Sec.  11.15  EAS Operating Handbook.

    The EAS Operating Handbook states in summary form the actions to be 
taken by personnel at EAS Participant facilities upon receipt of an 
EAN, an EAT, tests, or State and Local Area alerts. It is issued by the 
FCC and contains instructions for the above situations. A copy of the 
Handbook must be located at normal duty positions or EAS equipment 
locations when an operator is required to be on duty and be immediately 
available to staff responsible for authenticating messages and 
initiating actions.

0
6. Revise Sec.  11.19 to read as follows:


Sec.  11.19  EAS Non-participating National Authorization Letter.

    This authorization letter is issued by the FCC to EAS Participants 
that have elected not to participate in the national level EAS. It 
states that the EAS Participant has agreed to go off the air or 
discontinue programming on all channels during a national level EAS 
message. For licensees this authorization will remain in effect through 
the period of the initial license and subsequent renewals from the time 
of issuance unless returned by the holder or suspended, modified, or 
withdrawn by the Commission.

0
7. Revise Sec.  11.21 introductory text and paragraph (a) to read as 
follows:


Sec.  11.21  State and Local Area Plans and FCC Mapbook.

    EAS plans contain guidelines which must be followed by EAS 
Participants' personnel, emergency officials, and National Weather 
Service (NWS) personnel to activate the EAS. The plans include the EAS 
header codes and messages that will be transmitted by key EAS sources 
(NP, LP, SP and SR). State and local plans contain unique methods of 
EAS message distribution such as the use of the Radio Broadcast Data 
System (RBDS). The plans must be reviewed and approved by the Director, 
Office of Homeland Security, Enforcement Bureau, prior to 
implementation to ensure that they are consistent with national plans, 
FCC regulations, and EAS operation.
    (a) The State plan contains procedures for State emergency 
management and other State officials, the NWS, and EAS Participants' 
personnel to transmit emergency information to the public during a 
State emergency using the EAS.
* * * * *
0
8. Amend Sec.  11.31 by revising the format code for LLLLLLLL in 
paragraph (c), revising paragraph (d), and revising the footnotes in 
paragraphs (e) and (f) to read as follows:


Sec.  11.31  EAS protocol.

* * * * *
    (c) * * *
    LLLLLLLL--This is the identification of the EAS Participant, NWS 
office, etc., transmitting or retransmitting the message. These codes 
will be automatically affixed to all outgoing messages by the EAS 
encoder.
* * * * *
    (d) The only originator codes are:

------------------------------------------------------------------------
                 Originator                            ORG code
------------------------------------------------------------------------
EAS Participant............................  EAS
Civil authorities..........................  CIV
National Weather Service...................  WXR
Primary Entry Point System.................  PEP
------------------------------------------------------------------------

    (e) * * *
    \1\ Effective May 16, 2002, analog radio and television broadcast 
stations, analog 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. EAS Participants that install or 
replace their EAS equipment after February 1, 2004 must install 
equipment that is capable of receiving and transmitting these event 
codes.
    (f) * * *
    \1\ Effective May 16, 2002, analog radio and television broadcast 
stations, analog 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. EAS 
Participants that install or replace their EAS equipment after February 
1, 2004, must install equipment that is capable of receiving and 
transmitting these location codes.

0
9. Amend Sec.  11.33 by revising paragraphs (a)(4) and (b) introductory 
text to read as follows:


Sec.  11.33  EAS Decoder.

    (a) * * *
    (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 EAS Participant 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, analog radio and television broadcast stations, analog 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. 
EAS Participants that install or 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.
* * * * *
    (b) Attention Signal. EAS Decoders shall have detection and 
activation circuitry that will demute a receiver upon detection of the 
two audio tones of 853 Hz and 960 Hz. To prevent false

[[Page 71034]]

responses, decoders designed to use the two tones for receiver demuting 
shall comply with the following:
* * * * *

0
10. Amend Sec.  11.34 by revising paragraph (e) to read as follows:


Sec.  11.34  Acceptability of the equipment.

* * * * *
    (e) Waiver requests of the Certification requirements for EAS 
Encoders or EAS Decoders which are constructed for use by an EAS 
Participant, but are not offered for sale will be considered on an 
individual basis in accordance with part 1, subpart G, of this chapter.
* * * * *

0
11. Revise Sec.  11.35 to read as follows:


Sec.  11.35  Equipment operational readiness.

    (a) EAS Participants are responsible for ensuring that EAS 
Encoders, EAS Decoders and Attention Signal generating and receiving 
equipment used as part of the EAS are installed so that the monitoring 
and transmitting functions are available during the times the stations 
and systems are in operation. Additionally, EAS Participants must 
determine the cause of any failure to receive the required tests or 
activations specified in Sec.  11.61(a)(1) and (a)(2). Appropriate 
entries indicating reasons why any tests were not received must be made 
in the broadcast station log as specified in Sec. Sec.  73.1820 and 
73.1840 of this chapter for all broadcast streams and cable system 
records as specified in Sec. Sec.  76.1700, 76.1708, and 76.1711 of 
this chapter. All other EAS Participants must also keep records 
indicating reasons why any tests were not received and these records 
must be retained for two years, maintained at the EAS Participant's 
headquarters, and made available for public inspection upon reasonable 
request.
    (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS 
Participant may operate without the defective equipment pending its 
repair or replacement for 60 days without further FCC authority. 
Entries shall be made in the broadcast station log, cable system 
records, and records of other EAS Participants, as specified in 
paragraph (a) of this rule, showing the date and time the equipment was 
removed and restored to service. For personnel training purposes, the 
required monthly test script must still be transmitted even though the 
equipment for generating the EAS message codes, Attention Signal and 
EOM code is not functioning.
    (c) If repair or replacement of defective equipment is not 
completed within 60 days, an informal request shall be submitted to the 
District Director of the FCC field office serving the area in which the 
EAS Participant is located, or in the case of DBS and SDARS providers 
to the District Director of the FCC field office serving the area where 
their headquarters is located, for additional time to repair the 
defective equipment. This request must explain what steps have been 
taken to repair or replace the defective equipment, the alternative 
procedures being used while the defective equipment is out of service, 
and when the defective equipment will be repaired or replaced.

0
12. Revise Sec.  11.41 to read as follows:


Sec.  11.41  Participation in EAS.

    (a) All EAS Participants specified in Sec.  11.11 are categorized 
as Participating National (PN) sources unless authorized by the FCC to 
be Non-Participating (NN) sources.
    (b) An EAS Participant may submit a written request to the FCC 
asking to be an NN source. The FCC may then issue a Non-participating 
National Authorization letter. NN sources must go off the air during a 
national EAS activation after transmitting specified information.
    (1) An EAS Participant that is an NN source under Sec.  11.18(f) 
that wants to become a PN source in the national level EAS must submit 
a written request to the FCC.
    (2) NN sources may voluntarily participate in the State and Local 
Area EAS. Participation is at the discretion of EAS Participant 
management and should comply with State and Local Area EAS Plans.
    (c) All sources, including NN, must have immediate access to an EAS 
Operating Handbook.

0
13. Amend Sec.  11.42 by revising paragraphs (a)(1), (a)(2), (b), and 
(c) to read as follows:


Sec.  11.42  Participation by communications common carriers.

    (a) * * *
    (1) An originating source from the nearest service area to a 
selected Test Center and then to the EAS Participant for the duration 
of the emergency, provided an Emergency Action Notification is issued 
by the White House and the originating source has a local channel from 
the originating point to the nearest service area.
    (2) An independent broadcast station to the radio and television 
broadcast networks and any other EAS Participant provided the station 
has in service a local channel from the station's studio or transmitter 
directly to the broadcast source.
    (b) Upon receipt of the Emergency Action Termination, the common 
carriers shall disconnect the originating source and the participating 
independent stations and restore the networks and other EAS 
Participants to their original configurations.
    (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 EAS 
Participant. Independent stations will not be connected during the test 
unless authorized by the FCC. Upon test termination, EAS Participants 
shall be restored to their original configurations.
* * * * *

0
14. Amend Sec.  11.44 by revising paragraph (d) to read as follows:


Sec.  11.44  EAS message priorities.

* * * * *
    (d) During a national emergency, the facilities of all EAS 
Participants must be reserved exclusively for distribution of 
Presidential Messages. NIC messages received from national networks 
which are not broadcast at the time of original transmission must be 
recorded locally by LP sources for transmission at the earliest 
opportunity consistent with the message priorities in paragraph (b) of 
this section.

0
15. Revise Sec.  11.46 to read as follows:


Sec.  11.46  EAS public service announcements.

    EAS Participants may use Public Service Announcements or obtain 
commercial sponsors for announcements, infomercials, or programs 
explaining the EAS to the public. Such announcements and programs may 
not be a part of alerts or tests, and may not simulate or attempt to 
copy alert tones or codes.

0
16. Revise Sec.  11.47 to read as follows:


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

    (a) Analog and digital broadcast stations may additionally transmit 
EAS messages through other communications means. For example, on a 
voluntary basis, FM stations may use subcarriers to transmit the EAS 
codes including 57 kHz using the RBDS standard produced by the National 
Radio Systems Committee (NRSC) and television stations may use 
subsidiary communications services.
    (b) Other technologies and public service providers, such as low 
earth orbiting satellites, that wish to participate in the EAS may 
contact the FCC's Office of Homeland Security, Enforcement Bureau, or 
their State

[[Page 71035]]

Emergency Communications Committee for information and guidance.

0
17. Revise Sec.  11.51 to read as follows:


Sec.  11.51  EAS code and Attention Signal Transmission requirements.

    (a) Analog and digital broadcast stations must transmit, either 
automatically or manually, national level EAS messages and required 
tests by sending the EAS header codes, Attention Signal, emergency 
message and End of Message (EOM) codes using the EAS Protocol. The 
Attention Signal must precede any emergency audio message. After 
January 1, 1998, the shortened Attention Signal may only be used as an 
audio alert signal and the EAS codes will become the minimum signaling 
requirement for National level messages and tests.
    (b) When relaying EAS messages, EAS Participants may transmit only 
the EAS header codes and the EOM code without the Attention Signal and 
emergency message for State and local emergencies. Pauses in video 
programming before EAS message transmission should not cause television 
receivers to mute EAS audio messages. No Attention Signal is required 
for EAS messages that do not contain audio programming, such as a 
Required Weekly Test.
    (c) By the effective dates provided in Sec.  11.11(a), all analog 
and digital radio and television stations shall transmit EAS messages 
in the main audio channel. Effective December 31, 2006, all DAB 
stations shall also transmit EAS messages on all audio streams. 
Effective December 31, 2006, all DTV broadcast stations shall also 
transmit EAS messages on all program streams.
    (d) By the effective dates provided in Sec.  11.11(a), analog and 
digital television broadcast stations shall transmit a visual message 
containing the Originator, Event, Location and the valid time period of 
an EAS message. If the message is a video crawl, it shall be displayed 
at the top of the television screen or where it will not interfere with 
other visual messages.
    (e) Analog class D non-commercial educational FM stations as 
defined in Sec.  73.506 of this chapter, digital class D non-commercial 
educational FM stations, analog Low Power FM (LPFM) stations as defined 
in Sec. Sec.  73.811 and 73.853 of this chapter, digital LPFM stations, 
analog low power TV (LPTV) stations as defined in Sec.  74.701(f) of 
this chapter, and digital LPTV stations as defined in Sec.  74.701(k) 
of this chapter are not required to have equipment capable of 
generating the EAS codes and Attention Signal specified in Sec.  11.31.
    (f) Analog and digital broadcast station equipment generating the 
EAS codes and the Attention Signal shall modulate a broadcast station 
transmitter so that the signal broadcast to other EAS Participants 
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.
    (g) Analog cable systems and digital cable systems with fewer than 
5,000 subscribers per headend and wireless cable systems with fewer 
than 5,000 subscribers shall transmit EAS audio messages in the same 
order specified in paragraph (a) of this section on at least one 
channel. The Attention Signal may be produced from a storage device. 
Additionally, these analog cable systems, digital cable systems, and 
wireless cable systems:
    (1) Must install, operate, and maintain equipment capable of 
generating the EAS codes. The modulation levels for the EAS codes and 
Attention Signal for analog cable systems shall comply with the aural 
signal requirements in Sec.  76.605 of this chapter,
    (2) Must provide a video interruption and an audio alert message on 
all channels. The audio alert message must state which channel is 
carrying the EAS video and audio message,
    (3) Shall transmit a visual EAS message on at least one channel. 
The message shall contain the Originator, Event, Location, and the 
valid time period of the EAS message. If the visual message is a video 
crawl, it shall be displayed at the top of the subscriber's television 
screen or where it will not interfere with other visual messages.
    (4) May elect not to interrupt EAS messages from broadcast stations 
based upon a written agreement between all concerned. Further, analog 
cable systems, digital cable systems, and wireless cable systems may 
elect not to interrupt the programming of a broadcast station carrying 
news or weather related emergency information with state and local EAS 
messages based on a written agreement between all parties.
    (5) Wireless cable systems and digital 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) Analog cable and digital cable systems with 10,000 or more 
subscribers; analog cable and digital cable systems serving 5,000 or 
more, but less than 10,000 subscribers per headend; and wireless cable 
systems with 5,000 or more subscribers shall transmit EAS audio 
messages in the same order specified in paragraph (a) of this section. 
The Attention Signal may be produced from a storage device. 
Additionally, these analog cable systems, digital cable systems, and 
wireless cable systems:
    (1) Must install, operate, and maintain equipment capable of 
generating the EAS codes. The modulation levels for the EAS codes and 
Attention Signal for analog cable systems shall comply with the aural 
signal requirements in Sec.  76.605 of this chapter. This will provide 
sufficient signal levels to operate subscriber television and radio 
receivers equipped with EAS decoders and to audibly alert subscribers. 
Wireless cable systems and digital cable systems shall also provide 
sufficient signal levels to operate subscriber television and radio 
receivers equipped with EAS decoders and to audibly alert subscribers.
    (2) Shall transmit the EAS audio message required in paragraph (a) 
of this section on all downstream channels.
    (3) Shall transmit the EAS visual message on all downstream 
channels. The visual message shall contain the Originator, Event, 
Location and the valid time period of the EAS message. These are 
elements of the EAS header code and are described in Sec.  11.31. If 
the visual message is a video crawl, it shall be displayed at the top 
of the subscriber's television screen or where it will not interfere 
with other visual messages.
    (4) May elect not to interrupt EAS messages from broadcast stations 
based upon a written agreement between all concerned. Further, analog 
cable systems, digital cable systems, and wireless cable systems may 
elect not to interrupt the programming of a broadcast station carrying 
news or weather related emergency information with state and local EAS 
messages based on a written agreement between all parties.
    (5) Wireless cable systems and digital cable systems with a 
requirement to

[[Page 71036]]

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.
    (i) Effective December 31, 2006, SDARS licensees shall transmit 
national audio EAS messages on all channels in the same order specified 
in paragraph (a) of this section.
    (1) SDARS licensees must install, operate, and maintain equipment 
capable of generating the EAS codes.
    (2) SDARS licensees may determine the distribution methods they 
will use to comply with this requirement.
    (j) Effective May 31, 2007, DBS providers shall transmit national 
audio and visual EAS messages on all channels in the same order 
specified in paragraph (a) of this section.
    (1) DBS providers must install, operate, and maintain equipment 
capable of generating the EAS codes.
    (2) The visual message shall contain the Originator, Event, 
Location and the valid time period of the EAS message. These are 
elements of the EAS header code and are described in Sec.  11.31. If 
the visual message is a video crawl, it shall be displayed at the top 
of the subscriber's television screen or where it will not interfere 
with other visual messages.
    (3) DBS providers may determine the distribution methods they will 
use to comply with this requirement. Such methods may include 
distributing the EAS message on all channels, using a means to 
automatically tune the subscriber's set-top box to a pre-designated 
channel which carries the required audio and video EAS messages, and/or 
passing through the EAS message provided by programmers and/or local 
channels (where applicable).
    (k) If manual interrupt is used as authorized in paragraph (m) of 
this section, EAS Encoders must be located so that EAS Participant 
staff, at normal duty locations, can initiate the EAS code and 
Attention Signal transmission.
    (l) EAS Participants that are co-owned and co-located with a 
combined studio or control facility, (such as an AM and FM licensed to 
the same entity and at the same location or a cable headend serving 
more than one system) may provide the EAS transmitting requirements 
contained in this section for the combined stations or systems with one 
EAS Encoder. The requirements of Sec.  11.32 must be met by the 
combined facility.
    (m) EAS Participants are required to transmit all received EAS 
messages in which the header code contains the Event codes for 
Emergency Action Notification (EAN), Emergency Action Termination 
(EAT), and Required Monthly Test (RMT), and when the accompanying 
location codes include their State or State/county. These EAS messages 
shall be retransmitted unchanged except for the LLLLLLLL-code which 
identifies the EAS Participant retransmitting the message. See Sec.  
11.31(c). If an EAS source originates an EAS message with the Event 
codes in this paragraph, it must include the location codes for the 
State and counties in its service area. When transmitting the required 
weekly test, EAS Participants shall use the event code RWT. The 
location codes are the state and county for the broadcast station city 
of license or system community or city. Other location codes may be 
included upon approval of station or system management. EAS messages 
may be transmitted automatically or manually.
    (1) Automatic interrupt of programming and transmission of EAS 
messages are required when facilities are unattended. Automatic 
transmissions must include a permanent record that contains at a 
minimum the following information: Originator, Event, Location and 
valid time period of the message. The decoder performs the functions 
necessary to determine which EAS messages are automatically transmitted 
by the encoder.
    (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.
    (n) EAS Participants 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.
    (o) Either manual or automatic operation of EAS equipment may be 
used by EAS Participants that use remote control. If manual operation 
is used, an EAS decoder must be located at the remote control location 
and it must directly monitor the signals of the two assigned EAS 
sources. If direct monitoring of the assigned EAS sources is not 
possible at the remote location, automatic operation is required. If 
automatic operation is used, the remote control location may be used to 
override the transmission of an EAS alert. EAS Participants may change 
back and forth between automatic and manual operation.

0
18. Revise Sec.  11.52 to read as follows:


Sec.  11.52  EAS code and Attention Signal Monitoring requirements.

    (a) EAS Participants must be capable of receiving the Attention 
Signal required by Sec.  11.32(a)(9) and emergency messages of other 
broadcast stations during their hours of operation. EAS Participants 
must install and operate during their hours of operation, equipment 
capable of receiving and decoding, either automatically or manually, 
the EAS header codes, emergency messages and EOM code. EAS Participants 
must comply with these requirements by the dates set forth in Sec.  
11.11.


    Note to Paragraph (a): The two-tone Attention Signal will not be 
used to actuate two-tone decoders but will be used as an aural alert 
signal.


    (b) If manual interrupt is used as authorized in Sec.  11.51(m)(2), 
decoders must be located so that operators at their normal duty 
stations can be alerted immediately when EAS messages are received.
    (c) EAS Participants that are co-owned and co-located with a 
combined studio or control facility (such as an AM and FM licensed to 
the same entity and at the same location or a cable headend serving 
more than one system) may comply with the EAS monitoring requirements 
contained in this section for the combined station or system with one 
EAS Decoder. The requirements of Sec.  11.33 must be met by the 
combined facility.
    (d) EAS Participants must monitor two EAS sources. The monitoring 
assignments of each broadcast station and cable system and wireless 
cable system are specified in the State EAS Plan and FCC Mapbook. They 
are developed in accordance with FCC monitoring priorities.
    (1) If the required EAS sources cannot be received, alternate 
arrangements or a waiver may be obtained by written request to the 
FCC's EAS office. In an emergency, a waiver may be issued over the 
telephone with a follow up letter to confirm temporary or permanent 
reassignment.
    (2) The management of EAS Participants shall determine which header 
codes will automatically interrupt their programming for State and 
Local Area emergency situations affecting their audiences.
    (e) EAS Participants are required to interrupt normal programming 
either automatically or manually when they

[[Page 71037]]

receive an EAS message in which the header code contains the Event 
codes for Emergency Action Notification (EAN), Emergency Action 
Termination (EAT), and Required Monthly Test (RMT) for their State or 
State/county location.
    (1) Automatic interrupt of programming is required when facilities 
are unattended. Automatic operation must provide a permanent record of 
the EAS message that contains at a minimum the following information: 
Originator, Event, Location and valid time period of the message.
    (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 as specified in 
Sec. Sec.  11.35(a) and 11.54(b)(13). 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.

0
19. Amend Sec.  11.53 by revising paragraphs (a) introductory text 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 EAS Participants.
* * * * *
    (c) Analog and digital 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 as specified in their State or Local plan.

0
20. Amend Sec.  11.54 by revising paragraphs (b), (c), (d) and (e) to 
read as follows:


Sec.  11.54  EAS operation during a National Level emergency.

* * * * *
    (b) Immediately upon receipt of an EAN message, EAS Participants 
must:
    (1) Monitor the two EAS sources assigned in the State or Local Area 
plan or FCC Mapbook for any further instructions. SDARS licensees and 
DBS providers may choose their two EAS sources, one of which must be a 
PEP station.
    (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 EAS Participant.
    (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 or services from the air and monitor for the 
Emergency Action Termination message. NN sources using automatic 
interrupt under Sec.  11.51(m)(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) Analog and digital TV broadcast stations shall display an 
appropriate EAS slide and then transmit all EAS announcements visually 
and aurally as specified in Sec. Sec.  11.51(a) through (e) and 
73.1250(h) of this chapter.
    (6) Analog cable systems, digital cable systems, and wireless cable 
systems shall transmit all EAS announcements visually and aurally as 
specified in Sec.  11.51(g) and (h).
    (7) DBS providers shall transmit all EAS announcements visually and 
aurally as specified in Sec.  11.51(j).
    (8) Announcements may be made in the same language as the primary 
language of the EAS participant.
    (9) Analog and digital broadcast stations may transmit their call 
letters and analog cable systems, digital 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.
    (10) All analog and digital broadcast stations and analog cable 
systems, digital 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.
    (11) Analog and digital broadcast stations, except those holding an 
EAS Non-participating National Authorization letter, are exempt from 
complying with Sec. Sec.  73.62 and 73.1560 of this chapter (operating 
power maintenance) while operating under this part.
    (12) National Primary (NP) sources must operate under the 
procedures in the National Control Point Procedures.
    (13) The time of receipt of the EAN and Emergency Action 
Termination messages shall be entered by analog and digital broadcast 
stations in their logs (as specified in Sec. Sec.  73.1820 and 73.1840 
of this chapter), by analog and digital cable systems in their records 
(as specified in Sec.  76.1711 of this chapter), by subject wireless 
cable systems in their records (as specified in Sec.  21.304 of this 
chapter), and by all other EAS Participants in their records as 
specified in Sec.  11.35(a).
    (c) Upon receipt of an Emergency Action Termination Message, EAS 
Participants must follow the termination procedures in the EAS 
Operating Handbook.
    (d) EAS Participants originating emergency communications under 
this section shall be considered to have conferred rebroadcast 
authority, as required by section 325(a) of the Communications Act of 
1934, 47 U.S.C. 325(a), to other EAS Participants.
    (e) During a national level EAS emergency, EAS Participants 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.

0
21. Amend Sec.  11.55 by revising paragraphs (a), (c) introductory 
text, (c)(4) and (c)(7) to read as follows:


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

    (a) The EAS may be activated at the State and Local Area levels by 
EAS Participants at their discretion for day-to-day emergency 
situations posing a

[[Page 71038]]

threat to life and property. Examples of natural emergencies which may 
warrant activation are: Tornadoes, floods, hurricanes, earthquakes, 
heavy snows, icing conditions, widespread fires, etc. Man-made 
emergencies may include: toxic gas leaks or liquid spills, widespread 
power failures, industrial explosions, and civil disorders.
    (1) DBS providers shall pass through all EAS messages aired on 
local television broadcast stations carried by DBS providers under the 
Commission's broadcast signal carriage rules to subscribers receiving 
those channels.
    (2) SDARS licensees and DBS providers may participate in EAS at the 
state and local level and make their systems capable of receiving and 
transmitting state and local level EAS messages on all channels. If an 
SDARS licensee or DBS provider is not capable of receiving and 
transmitting state and local EAS message on all channels, it must 
inform its subscribers, on its website and in writing on an annual 
basis, of which channels are and are not capable of supplying state and 
local messages.
* * * * *
    (c) Immediately upon receipt of a State or Local Area EAS message, 
EAS Participants participating in the State or Local Area EAS must do 
the following:
* * * * *
    (4) EAS Participants participating in the State or Local Area EAS 
must discontinue normal programming and follow the procedures in the 
State and Local Area plans. Analog and digital television broadcast 
stations must comply with Sec.  11.54(b)(5); analog cable systems, 
digital cable systems, and wireless cable systems must comply with 
Sec.  11.54(b)(6); and DBS providers must comply with Sec.  
11.54(b)(7). EAS Participants providing foreign language programming 
should comply with Sec.  11.54(b)(8).
* * * * *
    (7) The times of the above EAS actions must be entered in the EAS 
Participants' records as specified in Sec. Sec.  11.35(a) and 
11.54(b)(13).
* * * * *

0
22. Revise Sec.  11.61 to read as follows:


Sec.  11.61  Tests of EAS procedures.

    (a) EAS Participants shall conduct tests at regular intervals, as 
specified 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) 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 EAS 
Participants. Script content may be in the primary language of the EAS 
Participant. These monthly tests must be transmitted within 60 minutes 
of receipt by EAS Participants in an EAS Local Area or State. Analog 
and digital class D non-commercial educational FM and analog and 
digital LPTV stations are required to transmit only the test script.
    (ii) Effective May 31, 2007, DBS providers must comply with this 
section by monitoring a state or local primary source to participate in 
testing. Tests should be performed on 10% of all channels monthly 
(excluding local-into-local channels for which the monthly transmission 
tests are passed through by the DBS provider), with channels tested 
varying from month to month, so that over the course of a given year, 
100% of all channels are tested.
    (2) Required Weekly Tests:
    (i) EAS Header Codes and EOM Codes:
    (A) Analog and digital AM, FM, and TV broadcast stations must 
conduct tests of the EAS header and EOM codes at least once a week at 
random days and times. Effective December 31, 2006, DAB stations must 
conduct these tests on all audio streams. Effective December 31, 2006, 
DTV stations must conduct these tests on all program streams.
    (B) Analog cable systems and digital cable systems with 5,000 or 
more subscribers per headend and wireless cable systems with 5,000 or 
more subscribers 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) Analog cable systems and digital cable systems serving fewer 
than 5,000 subscribers per headend and wireless cable systems with 
fewer than 5,000 subscribers 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) SDARS providers must conduct tests of the EAS Header and EOM 
codes at least once a week at random days and times on all channels.
    (ii) DBS providers, analog and digital class D non-commercial 
educational FM stations, and analog and digital LPTV stations are not 
required to transmit this test but must log receipt, as specified in 
Sec. Sec.  11.35(a) and 11.54(b)(13).
    (iii) The EAS weekly test is not required during the week that a 
monthly test is conducted.
    (iv) EAS Participants 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 an EAS 
Participant instead of the monthly or weekly tests required by this 
section. To substitute for a monthly test, activation must include 
transmission of the EAS header codes, Attention Signal, emergency 
message and EOM code and comply with the visual message requirements in 
Sec.  11.51. To substitute for the weekly test of the EAS header codes 
and EOM codes in paragraph (a)(2)(i) of this section, activation must 
include transmission of the EAS header and EOM codes. Analog and 
digital television broadcast stations, analog cable systems, digital 
cable systems, wireless cable systems, and DBS providers 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 EAS Participant records, as specified 
in Sec. Sec.  11.35(a) and 11.54(b)(13).

[FR Doc. 05-23271 Filed 11-23-05; 8:45 am]
BILLING CODE 6712-01-P