**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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**FIRST REPORT AND ORDER**

**AND**

**FURTHER NOTICE OF PROPOSED RULEMAKING**

**Adopted: November 3, 2005 Released: November 10, 2005**

**Comment Date: \[60 days after publication in the Federal Register\]**

**Reply Comment Date: \[90 days after publication in the Federal
Register\]**

By the Commission: Chairman Martin, and Commissioners Abernathy, Copps
and Adelstein issuing

separate statements.

Table of Contents

**[Paragraph Number]{.underline}**

**I. Introduction** 1

**II. background** 4

A. History of EAS 4

B. The Current EAS 5

C. Recent Events 12

**III. discussion** 16

A. General Matters 16

B. Digital Television 19

C. Digital Cable 27

D. Digital Audio Broadcasting 33

E. Satellite Digital Audio Radio Service 40

F. Direct-to-Home Satellite Services 49

G. Administrative Matters 59

H. Conclusion 60

**IV. Further notice of proposed rulemaking** 61

**V. PROCEDURAL MATTERS** 82

A. *Ex Parte* Presentations 82

B. Comment Filing Procedures 83

C. Accessible Formats 84

D. Regulatory Flexibility Analysis 85

E. Paperwork Reduction Act Analysis 87

F. Congressional Review Act 88

**VI. ORDERING CLAUSES** 89

**APPENDIX A -- LIST OF COMMENTERS**

**APPENDIX B -- FINAL RULES**

**APPENDIX C -- PENETRATION DATA**

**APPENDIX D -- FINAL REGULATORY FLEXIBILITY ANALYSIS**

**APPENDIX E -- INITIAL REGULATORY FLEXIBILITY ANALYSIS**

# Introduction

1.  One of the most fundamental and significant statutory mandates of
    the Federal Communications Commission (Commission) is the promotion
    of safety of life and property through the use of wire and radio
    communication.[^1] For over forty years, the Commission has sought
    to satisfy this mandate in large part by requiring that the American
    public be provided with an effective and robust national alert and
    warning system. Since 1994, this function has been performed by the
    Emergency Alert System (EAS), which is jointly administered by the
    Commission, the Federal Emergency Management Agency (FEMA), one of
    the component agencies of the Department of Homeland Security (DHS),
    and the Department of Commerce and its component, the National
    Oceanic and Atmospheric Administration's National Weather Service
    (NWS).[^2] Today, we take steps to advance our 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,[^3] and satellite television and radio.[^4]

2.  Consumers have increasingly begun to adopt new digital technologies
    as replacements for the analog broadcast and cable systems that are
    currently required to implement EAS. Accordingly, an increasingly
    large percentage of television viewers and radio listeners receive
    their programming from systems that may have no independent duty to
    provide EAS, or any other alert and warning system, to their
    customers. For example, as of 2005, almost 25% of TV households
    subscribed to Direct Broadcast Satellite (DBS) services,[^5] yet
    such satellite services are under no obligation to participate in
    EAS. More than 23% of TV households subscribe to digital cable
    television services which are not specifically addressed in the
    Commission's EAS rules.[^6] Further, the number of subscribers in
    the Satellite Digital Audio Radio Service (SDARS) \-- also known as
    "satellite radio" \-- increased from approximately 140,000 to more
    than 6 million between June 2002 and June 2005.[^7] SDARS licensees
    are not currently required to participate in EAS. Finally, digital
    audio broadcasters using in-band, on-channel (IBOC) technology and
    digital television (DTV) broadcasters also reach increasingly large
    portions of the American public,[^8] but currently have no EAS
    obligations. Clearly, some level of EAS participation must be
    established for these new digital services to ensure that large
    portions of the American public are able to receive national and/or
    regional public alerts and warnings.

3.  In the Further Notice of Proposed Rulemaking, we seek further
    comment on how to amend the EAS rules to ensure that EAS messages
    more effectively reach individuals with hearing and vision
    disabilities. The Commission is committed to ensuring that persons
    with disabilities have equal access to public warnings. We also seek
    additional comment on what actions the Commission, along with our
    Federal, State and industry partners, should take to help expedite
    the development of a robust, state-of-the-art, digitally-based
    public alert and warning system.

# background

## History of EAS

4.  This country has had some type of national warning system in place
    since 1951, when President Harry S. Truman created CONELRAD (Control
    of Electromagnetic Radiation) in 1951. CONELRAD provided a means for
    the President to address the American people, to provide attack
    warning, and to supply emergency information.[^9] CONELRAD soon
    became obsolete, however, and in 1963, President John F. Kennedy
    replaced it with the Emergency Broadcast System (EBS).[^10] Our
    national warning system was further improved in 1994 when the
    Commission adopted rules that replaced EBS with EAS. EAS represented
    not only a technological advancement, but also an expansion of the
    warning system beyond the traditional broadcast media, to include
    cable systems. In 1997, the Commission further extended EAS
    obligations to wireless cable systems.[^11]

## The Current EAS

5.  [Jurisdiction]{.underline}. EAS is a national public warning system
    that, together with other emergency notification mechanisms, is part
    of an overall public alert and warning system, under the
    jurisdiction of FEMA.[^12] The Commission's authority to regulate
    emergency alerts and warnings emanates from sections 1, 4(i) and
    (o), 303(r), and 706 of the Communications Act of 1934, as amended,
    (Act).[^13] The Commission, FEMA and NWS together implement EAS at
    the federal level.[^14] In addition, State Emergency Coordination
    Committees (SECCs) and Local Emergency Coordination Committees
    (LECCs) develop state and local EAS plans.

6.  The Commission's role includes prescribing rules that establish
    technical standards for EAS, procedures for radio and television
    broadcast stations and cable systems to follow in the event EAS is
    activated, and EAS testing protocols. The President has sole
    responsibility for determining when the system will be activated at
    the national level,[^15] and has delegated this authority to the
    director of FEMA. FEMA is responsible for implementation of the
    national-level activation of EAS, tests, and exercises.

7.  At the state and local level, NWS plays a critical role as the
    originator of emergency weather information. NWS broadcasts NWS
    forecasts, warnings, watches, and other non-weather-related hazard
    information 24 hours a day. Through its All-Hazards Network, NWS
    originates approximately 80% of all EAS alerts, supplying local
    alerts to broadcast and cable entry points designated in approved
    EAS state and local plans. SECCs and LECCs prepare coordinated
    emergency communications systems and develop state and local
    emergency communications plans and procedures for EAS and other
    public alert and warning systems states may use in combination with
    EAS.

8.  [EAS Structure]{.underline}. Under the Commission's rules, national
    activation of EAS for a Presidential message is designed to provide
    the President the capability to transmit within ten minutes from any
    location at any time, and must take priority over any other message
    and preempt other messages in progress.[^16] Broadcast stations and
    cable systems covered by the Commission's EAS rules must cease their
    normal broadcasting and transmit such a Presidential message. Use of
    EAS for state or local emergency information is voluntary.
    Broadcasters and cable systems may decide individually whether to
    transmit such messages that originate at the state or local
    level.[^17] The Commission's rules impose EAS obligations only on
    analog radio and television stations, and wired and wireless cable
    television systems. Other systems, such as DBS services, DTV, SDARS,
    and Digital Audio Broadcasting (DAB) currently have no EAS
    requirements.

9.  EAS is essentially a hierarchal distribution system.[^18] At the
    request of the President, FEMA has designated 34 radio broadcast
    stations as Primary Entry Point (PEP) stations to which it
    distributes "Presidential Level" messages, the initial message in
    the national chain.[^19] As the entry point for national level EAS
    messages, the PEP stations are designated National Primary (NP). The
    United States is divided into approximately 550 EAS local areas,
    each containing a key EAS source, called the Local Primary One
    (LP-1). The LP-1 must monitor two EAS sources, including its
    regional PEP station, for Presidential messages, and serves as the
    point of contact for local authorities and NWS officials to activate
    EAS. Other Local Primary sources are assigned numbers in the
    sequence they are to be monitored by other broadcast stations in the
    local area (*i.e.*, LP-1, 2, 3, etc.). Broadcast stations and cable
    systems below LP-1 must monitor two EAS sources including their LP-1
    station. If a Presidential message is sent, broadcast stations and
    cable systems receiving it are required to air the message in the
    format received.[^20] For non-Presidential messages, these
    monitoring stations and cable systems may carry the message at their
    discretion, but if they choose to transmit the message they must
    comply with the Commission's Part 11 rules governing such messages.

10. Although EAS is designed primarily to convey Presidential messages
    in times of emergency, most emergencies originate at the state and
    local level. State and local emergency operations managers can also
    request activation of EAS for state and local public alert and
    warning. State-level EAS entry points are designated as State
    Primary and State Relay.[^21] State Primary Entry Points can be
    broadcast stations, state emergency operation centers, or other
    statewide networks, and can act as sources of state EAS messages
    originating from the Governor or a State Emergency Operations
    Center. State Relay sources relay state common emergency messages
    into local areas.[^22] Local Primary sources are responsible for
    coordinating the carriage of common emergency messages from sources
    such as the NWS or local emergency management offices as specified
    in EAS local area plans.[^23]

11. Initiating an EAS message, whether at the national, state, or local
    level, requires the broadcaster, cable operator or emergency
    administrator to enter certain codes into dedicated EAS
    equipment.[^24] EAS messages enter the EAS system via equipment that
    is able both to encode and decode EAS messages, often called ENDEC
    units. EAS equipment sends and receives messages using a precise
    format referred to as the EAS digital protocol. An emergency
    activation of EAS uses a four part message: (1) preamble and EAS
    header codes; (2) audio attention signal; (3) message; and (4)
    preamble and EAS end of message codes.[^25] EAS equipment also
    provides a method to automatically interrupt regular programming and
    is capable of providing warnings in the primary language that is
    used by the station or cable system.[^26] EAS header codes identify
    the party that originated the emergency message, the nature of the
    event or emergency, the location of the emergency, and the valid
    time period of the message.

## Recent Events

12. In our August 2004 Notice of Proposed Rulemaking (*EAS NPRM*),[^27]
    we acknowledged the tremendous impact that digital technologies are
    having on broadcast, cable and satellite news and entertainment
    industries, and noted the potential for effective warning offered by
    digital media's ability to supply sophisticated services that can
    communicate across various platforms. In this context we asked
    whether EAS in its present form was the most effective mechanism for
    warning the American public of an emergency and, if not, how EAS can
    be improved. In response to the *EAS NPRM*, we received
    approximately 160 comments, including comments from entities from
    all major communications sectors. Many of these commenters discussed
    the state of the art public alert and warning potential that these
    sectors now offer.

13. Further, FEMA and NOAA, the Commission's co-administrators of EAS,
    have initiated a series of pilot projects that explore the use of
    digital and other cutting edge technologies to create an Integrated
    Public Alert and Warning System.[^28] These pilot projects involve
    partnerships and extensive coordination between government and
    private industry. For example, the one-year Digital Emergency Alert
    System (DEAS) National Capital Region Pilot demonstrates how the 294
    digital public television stations across the country can act as a
    wireless network capable of broadcasting data, or "datacasting,\"
    public alerts and warnings during times of national crisis.[^29]
    Phase one of this pilot project uses datacasting of DEAS text,
    voice, and video over public television stations. Phase two will
    further develop and test Common Alerting Protocol (CAP) messages and
    DEAS-enabled relays to cell phones, Internet, pagers, electronic
    bulletin boards, etc.[^30] Additionally, FEMA and NOAA are involved
    in a Geo‑Targeted Alerting System pilot project designed to
    integrate real-time weather models and hazardous air flow
    predictions providing DHS with the ability to identify specific
    areas to which to issue targeted homeland security alerts and
    warnings using reverse 911 technologies.[^31]

14. Both Houses of Congress have indicated that effective public alert
    and warning is one of their highest priorities. On September 7,
    2005, a representative from the Commission testified regarding this
    subject in connection with Hurricane Katrina before the United
    States House of Representatives, Committee on Energy and Commerce.
    On July 27, 2005, representatives from the Commission, FEMA and NOAA
    presented statements regarding all-hazards alert systems to the
    United States Senate, Committee on Commerce, Science and
    Transportation, Subcommittee on Disaster Prevention and Prediction.
    Additionally, on September 22, 2004, representatives from the
    Commission and FEMA and NOAA testified regarding EAS before the
    United States House of Representatives, Select Committee on Homeland
    Security, Subcommittee on Emergency Preparedness and Response.
    Finally, the recently enacted Intelligence Reform and Terrorism
    Prevention Act of 2004[^32] includes requirements for a study about
    the use of telecommunications networks as part of an all-hazards
    warning system.[^33]

15. Most recently, the White House established The Task Force on
    Effective Warnings, constituted under the National Science and
    Technology Council. Co-chaired by DHS and NOAA, the task force
    includes representatives from DHS, the Department of Commerce, the
    Department of Defense, the Department of Interior, the Department of
    Transportation, the Department of Agriculture, the Department of
    State, the Commission, the Environmental Protection Agency, the
    National Aeronautics and Space Administration, plus other
    departments, agencies and White House offices. The Task Force is
    charged with examining existing and planned disaster warning
    communication systems, networks and facilities, and to make
    recommendations to ensure effective disaster warning systems for the
    nation.

# discussion

## General Matters

16. The examination of EAS that we have begun in this docket, in
    combination with the recent government and industry efforts
    mentioned above, offers a unique opportunity for us to integrate
    effective public alert and warning into the sophisticated services
    and features of digital media at an early developmental stage. We
    agree with commenters that digital technologies offer new and more
    effective possibilities for public warning.[^34] As noted above,
    government and industry are engaged in a series of efforts, either
    alone or in concert, to develop a fully integrated, state of the
    art, digitally-based public alert and warning system for the
    American public. Accordingly, we adopt a Further Notice of Proposed
    Rulemaking seeking comment on the actions the Commission should take
    to help expedite the development of such a system.[^35]

17. Our immediate concern, and the subject of this 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 this agency's mission to ensure that the American public
    receives public alerts and warnings. For the reasons indicated
    below, we believe that the current EAS is overall the most effective
    way to provide such a basic level of warning as we transition to
    more sophisticated systems. Accordingly, we adopt rules today to
    ensure that DTV, DAB, digital cable, DBS and 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.
    We seek 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.

18. We believe 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. We agree 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
    reasonable cost. Accordingly, based on our examination of the record
    in this proceeding, we do not believe that requiring these digital
    services to install and use EAS equipment will impose undue
    regulatory or financial burdens. As we have indicated above, we 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.

## Digital Television

19. [Background]{.underline}. Television broadcasting in the United
    States is in the midst of a conversion from analog to digital
    technology.[^36] The majority of television stations serving all
    markets in the United States are already airing DTV[^37]
    programming,[^38] and the Commission set a target date of December
    31, 2006 for the completion of the DTV transition.[^39] In the
    Balanced Budget Act of 1997, Congress made this target date
    statutory, providing that a broadcast license that authorizes analog
    television service may not be renewed to authorize such service for
    a period that extends beyond December 31, 2006 unless the Commission
    grants an extension based on specific criteria enumerated in the
    statute.[^40] 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 our rules.[^41] None of these rules, however,
    have addressed EAS participation.

20. In the *1994 EAS Report and Order*, the Commission encouraged, but
    did not require, DTV[^42] broadcasters to participate in EAS, and
    specifically provided for the voluntary participation of DTV
    broadcasters.[^43] In the *EAS NPRM***,** the Commission sought
    comment on whether to make participation compulsory.[^44] 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.[^45] 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.[^46] We 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.[^47]

21. [Discussion]{.underline}. Based on the record before us, we find
    that revising our 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, we will require DTV broadcasters to comply with our
    Part 11 rules.[^48] DTV broadcasters must participate in all
    national EAS activations.[^49] 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*.*[^50]
    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.[^51] These requirements
    will be effective on December 31, 2006.

22. The Commission has recognized that digital broadcasters remain
    public trustees of the nation\'s airwaves and have a responsibility
    to serve the public interest.[^52] We agree with NAB/MSTV's
    assertions that extending EAS rules to DTV is a natural extension of
    these public interest obligations.[^53] Participation of DTV
    broadcasters will enhance the effectiveness of EAS and ensure that
    many more people have access to critical emergency information.[^54]
    Given the ongoing transition to DTV, continued exemption of this
    service from the requirement to provide national EAS warnings does
    not serve the public interest. As we suggested in the *EAS NPRM*, if
    EAS participation remained voluntary and DTV broadcasters opted not
    to participate, some communities could be left without an EAS
    television broadcast source. Commenters overwhelmingly support
    extending EAS rules to DTV broadcasters and support the Commission's
    effort to restructure EAS in a comprehensive digital
    environment.[^55] No commenters oppose extending EAS rules to DTV
    broadcasters. In effect, extending EAS to DTV will simply retain the
    status quo established in 1994 -- television broadcasters will
    continue to be required to participate in EAS at the national level.

23. In addition, we conclude 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.[^56] All DTV viewers should have access to the potentially
    life-saving emergency information contained in EAS messages. We
    agree with commenters that argue that EAS messages should be
    transmitted on all program streams.[^57] RERC Wireless supports
    requiring DTV broadcasters to transmit EAS messages on all program
    streams, contending that EAS messages are too important to risk
    missing because a person is tuned to the wrong channel.[^58] Ohio
    EMA agrees that we should require all program streams to air the EAS
    message.[^59]

24. NAB and MSTV contend that DTV broadcasters should be required to
    transmit EAS messages only on programming streams intended for the
    general public, but they do not explain why EAS information would
    not be suitable for all program streams, including those that are
    subscription based.[^60]

25. We conclude that all viewers should be informed of critical
    emergency information regardless of which program stream they are
    viewing. We see no reason to exempt subscription-based streams,
    particularly when we have extended and are extending EAS obligations
    to other subscription-based services, including analog cable
    systems, digital cable systems, wireless cable systems, SDARS and
    DBS. The public interest obligations of DTV broadcasters to meet the
    emergency needs of their viewing audience must extend to carrying
    EAS alerts on all program streams.

26. We recognize that DTV broadcasters may need to resolve technical
    issues, such as equipment procurement, installation, and training in
    order to comply with the requirements that we establish today.
    Accordingly, we afford DTV broadcasters more than a year to comply
    with these rules. Moreover, we grant DTV broadcasters the
    flexibility to determine the method they will use to distribute EAS
    messages to all program streams, as long as all viewers receive the
    EAS message on the channel that they are watching. For example, DTV
    broadcasters may separately transmit EAS messages on all program
    streams or, if the technology is available, transmit EAS messages on
    one stream and force tune all receivers to that stream. We do not
    mandate force tuning, however, as recommended by Harris
    Corporation,[^61] because most DTV receivers currently on the market
    do not have force tuning capabilities.[^62] We believe that DTV
    broadcasters should have the option to utilize force tuning
    technologies when feasible, as long as every viewer receives the
    same EAS message regardless of the channel he or she is watching.
    The extent of the costs or burdens that this requirement will impose
    on DTV broadcasters will vary by station based on several factors,
    such as wiring architecture. Because these EAS obligations require
    equipment with which broadcasters are familiar and which is largely
    already in place at DTV facilities, we believe that the cost and
    burden of our requirement will not be so significant as to outweigh
    the benefit of providing the American public with critical emergency
    information.

## Digital Cable 

27. [Background]{.underline}. The Cable Act of 1992 requires cable
    systems to provide their subscribers with access to "the same
    emergency information as is afforded by the \[E\]mergency
    \[B\]roadcast \[S\]ystem\..."[^63] In 1994, when the Commission
    replaced the EBS with EAS, it required cable systems to
    participate.[^64] Thus, cable systems, like broadcasters, are
    required to carry Presidential EAS messages, and permitted to
    transmit state and local EAS messages on a voluntary basis.[^65] In
    1997, the Commission extended EAS requirements to wireless cable
    systems.[^66]

28. 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 *EAS NPRM*, the Commission sought comment on
    whether it should extend EAS obligations to digital media, including
    digital cable television.[^67] In addition, the Commission raised
    some technical questions regarding digital cable service
    participation in EAS.[^68]

29. 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.[^69]
    Because of these advantages, digital cable is increasingly deployed
    with analog cable in the marketplace. By 2005, more than 23% of TV
    households subscribed to digital cable.[^70]

30. [Discussion]{.underline}. We specifically extend the EAS obligations
    set forth in Part 11 of our rules to digital cable systems. As noted
    *supra* in footnote Error: Reference source not found, for purposes
    of this Order and our Part 11 rules only, the term "digital cable
    systems\" is defined as the portion of a cable system that delivers
    channels in digital format to subscribers.[^71] Essentially, digital
    cable systems will now have the same EAS obligations as analog cable
    systems. Specifically, we will require digital cable systems to
    participate in national level EAS activations.[^72] 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.[^73] Like DTV broadcasters, our examination of
    the record reveals that digital cable providers are familiar with
    EAS equipment and have already installed this equipment.
    Accordingly, we believe the burden of equipment purchase,
    installation and training is similar to that of DTV broadcasters and
    find that the same compliance deadline of December 31, 2006 is
    appropriate for digital cable providers.

31. The 1992 Cable Act, as cited above, manifested Congress's belief
    "that emergency information should be accessible to all television
    viewers, regardless of the distribution medium in use."[^74] Our
    decision here furthers that statutory goal. We also find that
    specifically imposing these requirements on digital cable systems is
    in the public interest. Given the growing deployment of digital
    cable systems, safety of life and property will be promoted[^75] by
    ensuring that viewers of digital cable have access to the same
    potentially life-saving emergency information as other television
    viewers. We agree with commenters like SBE who support expanding EAS
    to include digital cable systems.[^76] SBE agrees that digital cable
    should be treated in the same manner as over-the-air broadcast and
    digital broadcast signals.[^77] SBE believes that in order to
    achieve a meaningful and working public warning system, short of
    creating an entirely new one, emergency, life-saving messages should
    be transmitted by all means possible.[^78] PPW contends that if
    over-the-air digital broadcast television is required to participate
    in EAS, then digital cable should also be required to
    participate.[^79] As PPW correctly notes, this is in line with the
    1992 Cable Act requirement that cable television participate in the
    distribution of emergency messages.[^80] No commenters opposed
    extending EAS obligations to digital cable.

32. We 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.[^81] We
    note that the Plug-and-Play agreement[^82] provides that, to be
    labeled as "Digital Cable Ready," a television set must respond to
    EAS messages that are transmitted in compliance with the Digital
    Video Service Multiplex and Transport System Standard for Cable
    Television.[^83] Under the rules we adopt today, 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.[^84]

## Digital Audio Broadcasting

33. [Background]{.underline}. In 2002, the Commission permitted
    terrestrial over-the-air AM and FM radio stations to begin digital
    transmissions on an interim basis using the IBOC technical system
    developed by iBiquity Digital Corporation.[^85] The Commission
    established interim requirements in the *DAB R&O,* including the
    requirement that, during interim IBOC operations, radio stations
    must broadcast the same main channel program material in both analog
    and digital modes.[^86] In a subsequent Further Notice of Proposed
    Rulemaking, we sought comment regarding what amendments to the
    Commission's rules would be necessary to facilitate the adoption of
    DAB and specifically sought comment on issues related to the
    broadcast of emergency information.[^87]

34. Radio stations using IBOC DAB technology are able to provide
    enhanced sound fidelity, improved reception, multiple audio streams,
    and new data services to digital-ready radio receivers.[^88] 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.[^89] 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.[^90] This technology
    allows new radios to receive both digital broadcasts and analog
    broadcasts from stations that have not yet converted to
    digital.[^91] 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.

35. In the *EAS NPRM,* the Commission noted that DAB has the ability to
    transmit more than one program stream in its assigned channel, a
    practice referred to as multicasting, and that the Commission had
    recently reached the tentative conclusion that the EAS rules should
    apply to all audio streams broadcast by radio stations using
    DAB.[^92] Because most DAB broadcasters currently use the digital
    part of their signal to replicate their analog programming, we
    sought comment on whether EAS messages should be carried on the
    analog, digital or both program streams. We also asked how EAS
    messages should be carried when a digital audio broadcaster
    transmits different programs on its digital and analog streams.
    Finally, we sought comment regarding whether IBOC receivers have the
    ability to be force tuned.

36. [Discussion]{.underline}. We revise our Part 11 EAS rules to apply
    to DAB broadcasters.[^93] We agree with most commenters that we
    should extend EAS requirements to DAB providers as a natural
    extension of radio broadcasters' public interest obligations.[^94]
    Accordingly, we will require DAB broadcasters to air all national
    EAS messages.[^95] Participation in state and local EAS activations
    will be voluntary, as it is for analog radio broadcasters.[^96] If
    DAB broadcasters choose to participate in state and local EAS
    activations, they must comply with the Commission's Part 11 EAS
    rules.[^97] Essentially, DAB providers will now have the same EAS
    obligations as analog radio broadcasters. For the same reasons we
    discuss in paragraphs 23-25, we will also require DAB broadcasters
    to transmit all EAS messages that they air on all audio
    streams.[^98] Because DAB broadcasters will face similar burdens of
    equipment purchase, installation and training as DTV and digital
    cable providers, we apply the same date of compliance that we did
    for DTV and digital cable. Accordingly, these rules will be
    effective December 31, 2006.

37. As noted in the *DAB FNPRM*, we believe that fully informing the
    public of critical emergency information best serves the public
    interest and that this can be accomplished only if broadly
    applied.[^99] The public interest obligations of DAB broadcasters to
    meet the emergency needs of their viewing audience must extend to
    carrying EAS alerts on all audio streams. Commenters generally agree
    that DAB broadcasters should participate in EAS and that EAS
    messages should be broadcast on all audio streams.[^100] We agree
    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.[^101] All listeners should be
    informed of critical emergency information regardless of which audio
    stream they are listening to. For the reasons stated in paragraphs
    23-25 with respect to DTV, we see no reason to exempt
    subscription-based streams.[^102] It would not serve the public
    interest to exempt DAB broadcasters as they reach increasingly large
    portions of the American public from EAS obligations. Additionally,
    although there is no deadline to do so, radio stations will
    eventually convert to all-digital modes of operation.[^103]

38. Although AM and FM radio broadcast stations using DAB may need to
    update EAS equipment to comply with these rules, particularly with
    respect to transmitting EAS messages on all audio streams,
    commenters indicate that these updates will neither be complex nor
    costly. NAB and MSTV assert that "EAS functionality will be fully
    preserved during the transition to digital radio using the IBOC
    technology."[^104] National Public Radio has also stated that, using
    relatively inexpensive distribution amplifiers and switching
    devices, stations should be able to carry EAS or other emergency
    information virtually instantaneously via each free over-the-air
    program channel.[^105] As noted above, access to the emergency
    information contained in EAS messages is critical. Based on our
    examination of the record in this proceeding, we conclude that the
    costs of complying with the EAS requirements that we adopt today are
    outweighed by the public safety benefits of ensuring that all
    listeners receive EAS messages.

39. Further, as we did above for DTV broadcasters, we afford DAB
    broadcasters more than a year to comply with these rules and we
    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.[^106] SBE agrees
    that "whichever method yields the desired results" is
    acceptable.[^107] We believe that these details are best left to
    industry to formulate effective methods and standards that fully
    integrate new and developing technologies.

## Satellite Digital Audio Radio Service

40. [Background]{.underline}. Governed by Part 25 of our rules, SDARS
    provides a wide variety of digital radio programming on a
    subscription basis to subscribers throughout the contiguous United
    States.[^108] In 1997, the Commission granted SDARS licenses at
    auction to two entities: Sirius Satellite Radio, Inc. (Sirius)
    (formerly, Satellite CD Radio, Inc.)[^109] and XM Radio Inc. (XM)
    (formerly, American Mobile Radio Corporation).[^110] Most SDARS
    programming is created in the licensees' central headquarters in New
    York City (Sirius) and Washington, D.C. (XM), but SDARS licensees
    also re-transmit the programming of third-party content providers.
    Content is currently transmitted exclusively on a nationwide
    basis.[^111] SDARS licensees have recently begun providing
    metropolitan area traffic and weather updates on a round-the-clock
    basis by means of dedicated channels,[^112] but all subscribers
    receive each of these channels on a nationwide basis. For example,
    both SDARS licensees have a dedicated channel providing traffic and
    weather reports for Philadelphia, which can be tuned into not only
    by subscribers in the Philadelphia area, but also by all other
    subscribers throughout the contiguous United States.

41. In the 1994 *EAS First Report and Order*, the Commission encouraged
    digital broadcasters to participate in the EAS system.[^113] SDARS,
    however, is not a broadcast service, and is not currently required
    to participate in EAS. In the *EAS NPRM*, the Commission sought
    comment on whether we should adopt rules extending EAS obligations
    to other digital networks, such as SDARS.[^114] We also sought
    comment on whether SDARS licensees' national distribution structures
    affect their ability to discharge EAS obligations effectively.[^115]

42. Both providers have already implemented some form of emergency
    alerts in their programming. XM, in addition to providing regional
    and local emergency information over its traffic and weather
    channels,[^116] has a channel dedicated exclusively to public safety
    and emergency alerts.[^117] XM indicates that this alert channel is
    committed to providing critical, updated information before, during,
    and after natural disasters, weather emergencies, and other
    hazardous incidents.[^118] To ensure that critical emergency
    information is received and transmitted quickly on its traffic and
    weather channels and the channel dedicated to emergency alerts, XM
    states that its personnel monitor a variety of sources 24 hours a
    day including FEMA, the U.S. Department of Health and Human
    Services, NWS, and state and local public safety
    organizations.[^119] Sirius currently has a voiceover alert
    capability that interrupts programming to transmit a voice message
    "instruct\[ing\] listeners that an emergency exists and that they
    should tune to one of Sirius' news program channels for further
    details."[^120] Sirius used this voiceover alert capability during
    the Northeast Blackout in August 2003.[^121]

43. [Discussion]{.underline}. We amend Part 11 of our 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.[^122] Both XM and Sirius have stated that, once
    received, they are currently capable of transmitting national EAS
    messages on every channel.[^123] We will require that SDARS
    licensees receive national EAS messages through an 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.[^124] 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.[^125] We strongly
    encourage 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.[^126] We 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.[^127] Finally, we 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 our
    rules and to keep records of all tests.[^128] Although XM states
    that it is committed to testing its EAS equipment, it suggests that
    our rules should require it to conduct tests only on its XM
    Emergency Channel.[^129] Although we commend XM for its commitment
    to test its EAS equipment, we disagree with its view regarding
    testing requirements. The EAS testing regime is designed to test not
    only the EAS participant's ability to receive the message from the
    source it monitors, but also the ability of the participant to
    disseminate an alert to its entire audience. SDARS licensees should
    monitor a state or local primary source to participate in testing.
    Because SDARS licensees will face burdens of equipment 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.[^130]

44. We believe that requiring SDARS licensees to transmit national EAS
    messages will serve the public interest because the current rules do
    not guarantee that the substantial and increasing number of people
    who subscribe to SDARS would receive EAS alerts on their SDARS
    receivers. There are currently over six million SDARS subscribers
    and this number continues to grow.[^131] SDARS is an expanding
    service, with providers creating partnerships with wireless
    telephone providers, automobile manufacturers and major media
    companies.[^132] Thus, extending national EAS obligations to SDARS
    will promote the safety of the large and growing number of Americans
    who are subscribing to this service. We disagree with commenters who
    claim that voluntary participation in national EAS activations by
    SDARS licensees would be sufficient.[^133] Failure to mandate SDARS
    participation in national EAS activations could potentially leave a
    substantial number of Americans without access to critical
    information in the event of a national emergency. We agree with
    commenters who assert that the extension of EAS obligations to SDARS
    licensees is an important addition to the EAS system.[^134] As noted
    above, both XM and Sirius have stated that, once received, they are
    currently capable of transmitting national EAS messages on every
    channel.[^135] Moreover, we leave it to the SDARS licensees to
    design their distribution systems to comply with the EAS rules, as
    we share the concern of commenters that detailed EAS requirements
    would limit innovation in the area of developing new ways to provide
    EAS alerts.[^136]

45. In addition, like broadcasters and cable providers, SDARS licensees
    will not be obligated to transmit state and local alerts. We note,
    as mentioned above, that SDARS licensees are currently providing
    some channels containing regional or local traffic and weather
    information. Because of the nature of this programming, and the
    likelihood that the audience is located or interested in a
    particular city or region, we strongly encourage SDARS licensees to
    develop and implement a distribution system that includes the
    ability to receive relevant state and local EAS warnings and the
    ability to transmit those warnings on channels that provide regional
    and local traffic and weather information. Most emergencies
    originate at the state and local level and the current EAS includes
    an interface for state and local emergency managers that allows them
    to originate and relay state and local EAS messages through radio
    and television broadcast stations, analog cable systems and wireless
    cable systems. Unlike broadcast stations and cable systems, however,
    the SDARS licensees produce and control their programming from
    facilities, primarily in Washington, D.C. and New York City, that
    are not necessarily located in the area for which the traffic and
    weather is being reported and are not located such that an ENDEC
    unit or units could be used to receive regional or local alerts
    relevant to every state or local area within the SDARS licensees'
    service areas. Accordingly, while we strongly encourage SDARS
    licensees to develop and implement the ability to receive relevant
    state and local EAS warnings, we do not believe it is appropriate at
    this time to mandate that SDARS licensees have such ability.

46. We recognize that SDARS is by nature a national service, and that as
    a result the development of methods to ensure receipt of state and
    local alerts by SDARS licensees is likely to be challenging.[^137]
    Currently, both SDARS licensees have implemented methods of
    monitoring regional and local alerts to provide warnings on their
    various regional traffic and weather channels and we commend their
    regional and local public safety efforts.[^138] Commenters alluded
    to the idea of a centralized system to which state and local
    officials could release emergency alerts as being a feasible
    solution for satellite licensees to receive regional EAS
    alerts.[^139] Alternatively, the SDARS licensees also suggested that
    they could explore transmitting state and local alerts if they were
    contacted directly by state and local emergency authorities.[^140]
    We 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.

47. The dissemination of state and local emergency messages by SDARS
    based on the listener's location is likely to be challenging as
    well. Unlike a national EAS message, transmission of a state or
    local emergency message to appropriate receivers is complicated by
    the fact that SDARS cannot and does not currently transmit content
    regionally.[^141] Thus, transmission of local emergency information
    on all channels, which would reach all affected listeners, would
    also reach -- and inconvenience -- millions of unaffected listeners
    nationwide as well. If listeners are deluged with too many emergency
    messages, most of which are inapplicable to them, then emergency
    messages may well lose their impact. For this reason, we encourage
    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. We note that both SDARS
    licensees suggested distributing state and local EAS messages over
    their existing traffic and weather channels,[^142] and as indicated
    above, both currently provide some emergency information and alerts
    to subscribers over these regional content channels.[^143] Finally,
    we require 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.

48. 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.[^144] We
    strongly encourage such developments, and the use of the SDARS and
    DAB text box to display entire EAS messages, which we hope to see
    included in any next generation public alert and warning system.

## Direct-to-Home Satellite Services

49. [Background]{.underline}. Pursuant to section 303(v) of the Act, the
    Commission has jurisdiction to regulate direct-to-home (DTH)
    satellite services.[^145] DTH satellite services include DBS[^146]
    and Home Satellite Dish (HSD) services.[^147] Under our current Part
    11 rules, DBS providers and HSD providers are not required to
    participate in EAS, but may participate on a voluntary basis.[^148]
    The Commission has encouraged such participation.[^149] For purposes
    of this Order, DBS providers include the entities set forth in
    section 25.701(a) of our rules.[^150] 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.[^151] 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.[^152]

50. HSD providers originally supplied satellite television; however,
    today, DBS providers serve most satellite television
    consumers.[^153] 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.[^154] During the same time
    period, the number of HSD subscribers has steadily decreased from
    almost 1.5 million to fewer than 150,000.[^155] DTH satellite
    service provides multi-channel video programming and now reaches
    almost 25% of U.S. households with a television.[^156] 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.

51. In the *EAS* *NPRM*, the Commission sought comment on: (1) whether
    we 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; and (3) what burdens
    extending the EAS obligations would place on such services and
    whether the benefits outweigh the burdens.[^157]

52. We also sought comment on technical issues involved with requiring
    DBS providers to comply with our EAS rules. For example, we asked
    how an EAS signal would be fed to a DBS operator, noting that, while
    it could be sent over fiber to their Local Receive Facility (LRF)
    where they offer local-into-local service,[^158] they would not have
    an LRF where they do not provide local-into-local service.[^159]
    Further, we noted that if an EAS alert needed to be sent to an area
    on the border of a Designated Market Area (DMA) where a DBS provider
    only provided local-into-local service in one DMA, satellite
    customers in the unserved DMA would not receive the signal.[^160] We
    also sought comment on how DBS operators would conduct
    testing.[^161] Finally, to the extent that software updates are
    needed in set top boxes and legacy boxes that have already been
    deployed, we sought comment on what an appropriate implementation
    time frame would be.[^162]

53. [Discussion.]{.underline} In order to ensure that DBS subscribers
    receive an EAS message from the President in the event of a national
    emergency, we modify our 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.[^163] Accordingly, DBS providers will be required to
    comply with our Part 11 EAS rules. DBS providers must install
    equipment capable of encoding and decoding the EAS protocol and
    generating and detecting all EAS codes.[^164] DBS providers may
    install this equipment at the location most convenient to their
    system designs. In addition to ensuring that EAS equipment complies
    with our rules, providers must also monitor two EAS sources upon
    receipt of an emergency action notification and ensure that their
    EAS monitoring equipment is operational.[^165] Finally, as explained
    in more detail below, we will require DBS licensees to test their
    ability to receive and distribute EAS messages.[^166]

54. Although DBS providers note that mandatory participation in EAS
    activations would be costly and technologically difficult,[^167]
    SBCA asserts that DBS operators could participate in national EAS
    activations in some way if they are given sufficient development
    time to address technical and operational difficulties and invest in
    new hardware and software.[^168] DIRECTV states that it could
    develop the systems and procedure necessary to deliver national EAS
    messages to its subscribers and that it is prepared to commit the
    assets necessary to do so.[^169] We conclude 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. We believe that the public safety benefit that would
    result from imposing a public alert and warning obligation on DBS
    providers far outweighs the burdens to such providers from
    implementing these new requirements. The majority of commenters
    agree that EAS requirements should be extended to include DBS
    services.[^170] We strongly disagree with those few commenters that
    stated that requiring DBS providers to deliver EAS alerts would
    provide no more than a marginal benefit over the status quo.[^171]
    Of all the services discussed in this order, DBS has by far the
    largest share of customers. There are currently more than 27 million
    DBS subscribers and that number continues to increase.[^172] We
    applaud the innovative service that DBS providers deliver to their
    customers, but note that it is essential that these customers have
    access to the same type of emergency information that they have come
    to expect from traditional media sources. The Presidential EAS
    message must be accessible to all television viewers, regardless of
    the distribution medium.[^173]

55. Although participation in state and local EAS activations remains
    voluntary, we will require DBS providers to pass through all EAS
    messages aired on local channels to subscribers receiving those
    channels.[^174] Therefore, subscribers viewing local channels
    through DBS services will receive all EAS messages transmitted over
    those local channels.[^175] Additionally, we conclude 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 website and in
    writing to their customers at least annually.[^176] As noted above,
    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. We encourage 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.

56. We acknowledge the concern that DBS providers have expressed
    regarding technical and operational difficulties they expect to
    encounter if they are required to provide national, state and local
    EAS messages.[^177] We acknowledge that there are technical issues
    that will need to be resolved in order for DBS licensees to make the
    necessary changes to their systems.[^178] We wish to give maximum
    flexibility to DBS providers. Accordingly, we 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.[^179] We
    agree with SBCA that, with respect to broadcast television channels
    carried for local markets, DBS providers can simply pass that
    channel through with the embedded national, state or local EAS
    message.[^180] 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, we are 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. DIRECTV estimates that such efforts will
    likely require approximately 18 months to implement fully.[^181]
    Accordingly, these rules will take effect May 31, 2007.[^182] We
    encourage DBS providers that have the capability to participate in
    EAS activations to do so as soon as possible.

57. We 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 our rules and to keep
    records of all tests.[^183] DBS licensees should monitor a state or
    local primary source to participate in testing. The majority of
    commenters agree that DBS providers should conduct testing.[^184] We
    recognize that requiring a DBS provider to conduct its weekly and
    monthly test on all channels simultaneously may pose problems.
    Accordingly, we will require that DBS providers conduct EAS tests
    each month on at least 10% of the total channels they provide.[^185]
    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.[^186] The channels tested should vary each month, and over
    the course of a year all channels should be tested.[^187] DBS
    providers must log receipt of weekly tests in their records.[^188]
    Requiring that only 10% 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 attached Further Notice of
    Proposed Rulemaking, we seek comment regarding weekly test
    transmission requirements for DBS providers.

58. Although we encourage participation by HSD providers, we 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[^189] and (2) as HSD users receive programming
    directly from programmers, it would be very burdensome for HSD
    providers to distribute EAS messages to subscribers.[^190]

## Administrative Matters

59. The Commission receives numerous questions about and requests for
    clarification and corrections of our EAS rules. We find that several
    minor administrative changes to our EAS rules are in order.
    Accordingly, we amend our EAS rules to delete all reference to the
    "FCC EAS mailing list" which we no longer maintain.[^191] EAS
    information may now be obtained from our web site.
    [www.fcc.gov/eb/eas](../www.fcc.gov/eb/eas). and from the general
    FCC information number 1888-CALLFCC. Further, we amend section 11.41
    to change \"Operating Handbook\" to \"EAS Operating
    Handbook.\"[^192] In section 11.52(b) of our rules, we change the
    reference to 11.51(j)(2) to 11.51(m)(2).[^193] 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.[^194] In order to clarify how EAS monitoring
    assignments are determined, we amend this section to add the
    following to the end of section 11.53(c): "as specified in their
    State or Local plan."[^195] 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.[^196]

## Conclusion

60. We expand 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, we amend our EAS rules to ensure that persons with
    disabilities have equal access to public warnings.

# Further notice of proposed rulemaking

61. In the *Order* we adopt today, we realize the immediate objective of
    ensuring that the large and growing segments of the population who
    rely on digital radio and television technologies are not left
    without access to alerts in the event of an emergency. While the
    current EAS performs a critical function, we believe it could be
    improved. In this *Further Notice of Proposed Rulemaking (FNPRM)*,
    we seek specific comments on what actions the Commission should take
    to help expedite the development of a more comprehensive system.

62. An accurate, wide-reaching public alert and warning system is
    critical to the public safety and a vital part of the Commission's
    core mission to promote the safety of life and property through a
    robust communications system. We should have a system that enables
    officials at the national, state and local levels to reach affected
    citizens in the most effective and efficient manner possible. It
    should have built-in redundancy features and use a variety of
    communications media so that officials can reach large numbers of
    people simultaneously.

63. Today's order is our first step to ensure that digital media is
    capable of receiving and disseminating EAS messages. We note that,
    in response to the *EAS NPRM*, commenters identified a number of
    approaches to digital alert and warning. We seek further comment on
    these approaches and ask what the Commission can do to facilitate
    the development of a more effective, comprehensive digital public
    alert and warning system. Specifically, what is the appropriate role
    for the Commission among the various government and industry
    entities that are involved in the creation of this system? We also
    seek comment on the Commission's statutory authority to regulate
    such a system. If a new system is adopted, should compliance be
    mandatory or voluntary? Should different communications technology
    -- radio, television, wireline, wireless -- be treated differently?

64. As noted in the *Order* that accompanies this *FNRPM,* government
    and industry have taken significant steps to develop a
    next-generation alert and warning system. Digital media have the
    potential to deliver a wholly new level of alert and warning
    capabilities, far beyond the capabilities of today's EAS. Text
    crawls and audio feeds can be replaced with full audio and video
    alert, information such as evacuation routes can be embedded in
    messages to the public, messages can be targeted to specialized
    audiences such as first responders and health care providers, and
    coordinated warnings can be sent over multiple platforms
    simultaneously.

65. The comments filed in response to the *EAS NPRM* reveal a multitude
    of technical approaches to a digital alert and warning system, from
    specific approaches to individual technologies to broad approaches
    to architecture and protocol design. Below we include a
    representative sample of issues for parties to address. The issues
    we include are representative, and do not constitute an exclusive
    list. Parties can -- and should -- comment on any next generation
    issues. In their comments, parties should consider what role the
    Commission should play in facilitating choice among these options.
    Are some more workable than others? Are some unworkable, either
    intrinsically or because they would not fit well in a system that
    must accommodate multiple communications platforms?

66. *System architecture/message distribution.* Some commenters argue
    that the current distribution system is flawed, and that EAS
    messages should be distributed directly to media outlets.[^197] We
    seek comment on this assertion. Would such point-to-multi-point
    distribution deliver alerts more quickly to the public? Would it do
    so more efficiently? Many commenters, such as WTOP/WXTR, propose
    that a satellite-based system be used.[^198] Would such a system be
    effective? Should it be deployed in addition to[^199] or instead of
    the current system? APTS proposes that the PBS satellite system
    offers a model for distribution of national or state and local
    alerts.[^200] We seek comment on the APTS proposal. We note that the
    PBS satellite system is an integral part of FEMA's Digital Emergency
    Alert System (DEAS) National Capital Region Pilot, and we expect to
    incorporate the results of that pilot into our record. We also seek
    comment on other distribution models. For example, given its
    inherent robustness, we believe the Internet should serve an
    important role in distribution of alerts and warnings.

67. *Common protocols.* The National Center for Missing & Exploited
    Children (NCMEC) argues that emergency alerts should flow rapidly
    and simultaneously through all available information conduits to
    first responders and the public.[^201] Should such a ubiquitous
    distribution be a goal of a digitally-based alert system? Most
    commenters agree that in order for a digitally-based alert and
    warning system to be distributed simultaneously over multiple
    platforms, a common messaging protocol must be adopted.[^202] We
    seek comment on this assertion. SWN Communications, Inc. contends
    that the Common Alerting Protocol (CAP), endorsed by the PPW and
    many public and private organizations responsible for alerts, offers
    the most practical means of quickly creating an effective interface
    between the emergency manager and multiple emergency alert and
    notification systems to significantly improve national alert and
    warning capability.[^203] Should CAP be adopted as the common
    messaging protocol for any future digitally-based alert system?
    Should we require the adoption of CAP for EAS alerts? If CAP were to
    be adopted, would it allow simultaneous distribution to radio,
    television, and wireless media such as mobile telephones and PDAs?
    How would CAP be used to ensure uniformity of alerts across such
    multiple platforms? For example, if the White House were to issue a
    national message how would CAP accommodate an audio message with a
    shorter, text-based message appropriate for a PDA screen?

68. *Issues specific to particular technologies*. We also seek comment
    on issues in the comments that relate to specific technologies. For
    example, we seek comment on assertions by Echostar, Sirius and XM
    that DTH and SDARS providers should not be required to deliver state
    and local messages.[^204] As we note in today's *Order,* because
    most EAS alerts are local, the ability to deliver a state or local
    message is an essential element of an effective alert and warning
    system. We seek comment on how technologies like DTH and SDARS,
    which are designed to receive and deliver national programming,
    could deliver local alerts. For example, should DTH providers design
    the capability into their transmission systems and their next
    generation digital set top boxes to deliver state and local EAS
    alerts to only the appropriate state and local audiences? We also
    seek comment on technical solutions that would allow SDARS providers
    to efficiently deliver state and local alerts and ask whether we
    should require all digital radio services (whether SDARS or DAB) to
    broadcast warnings over the digital displays on receivers. Finally,
    we seek comment on whether the Commission should adopt weekly test
    transmission requirements for DBS providers and, if so, what those
    requirements should be.

69. Wireless products are becoming an equal to television and radio as
    an avenue to reach the American public quickly and efficiently. We
    note the participation of the wireless industry in FEMA's current
    IPAWS pilot projects, which are discussed below. What further steps
    should the Commission take to facilitate wireless provision of alert
    and warning? Should the Commission require wireless carriers to
    provide alerts and warnings? We note that many commenters in the
    underlying proceeding have advocated a point-to-multi-point, or cell
    broadcast approach to wireless alert and warning.[^205] In addition,
    commenters have identified technologies that enable wireless
    handsets to receive EAS alerts.[^206] We seek comment on these and
    other approaches to wireless alert and warning. Parties should
    address whether each approach permits use of a common messaging
    protocol. Finally, we seek comment on whether each approach would
    require customers to return and replace their current handsets and,
    if so, whether any financial impact of handset return would offset
    the public benefit of providing wireless alert and warning? Parties
    should address economic as well as technical issues in their
    comments.

70. Finally, traditional telephone companies recently have indicated
    that they plan to compete with cable television service providers
    and DTV broadcasters in bringing high definition digital content to
    customers' homes through fiber optic connections.[^207] Under these
    circumstances, should telephone companies have public alert and
    warning responsibilities similar to those of the other news and
    entertainment providers covered in this docket? Are there particular
    attributes of wireline technology that would make it easier to
    deliver alert and warning to the public? Are there attributes that
    do not lend themselves to the provision of alert and warning? Are
    there policy considerations the Commission should consider regarding
    requiring telephone companies that provide content also to provide
    alert and warning?

71. *Government Efforts To Develop Digital Warning System.* The
    Congressional Research Service (CRS) published a report titled,
    "Emergency Communications: The Emergency Alert System (EAS) and
    All-Hazard Warnings."[^208] In the report, CRS noted many of the
    same government efforts to develop a digital warning system as
    discussed in the *EAS NPRM,* about which comments were filed in the
    record. Specifically, CRS discussed the ongoing pilot projects of
    FEMA*,* the Information Analysis and Infrastructure Protection
    directorate at DHS, and the Association of Public Television
    Stations (APTS) to develop an Integrated Public Alert and Warning
    System (IPAWS). CRS notes the project's current testing of digital
    media - including digital TV - to send emergency alert data over
    telephone, cable, wireless devices, broadcast media and other
    networks. What role should the Commission play with respect to these
    FEMA efforts?

72. *Performance Standards.* Will performance standards be necessary to
    ensure that the American public receives public alert and warning in
    an accurate and timely fashion? Should the Commission have a role in
    the development of such standards? Once developed, should the
    Commission have a role in the enforcement of such standards?
    Elements of proposed standards could be the length of time it takes
    to get a particular message, and the accuracy of the message. Will
    standards be necessary to ensure the accuracy and timeliness of
    messages delivered across multiple platforms? To ensure that
    standards are maintained, should the Commission adopt reporting
    obligations for providers of alert and warning? Alternatively, are
    current requirements, based on regular testing of equipment,
    sufficient? Are there other ways for the Commission to monitor
    implementation of its EAS rules without imposing reporting
    requirements? For example, could testing be monitored by third
    parties to ensure compliance? If the Commission adopts additional
    reporting requirements, what are the appropriate deadlines for such
    progress reports? Under what authority could the Commission take
    such actions?

73. *Coordination with State and Local Governments.* We recognize the
    historic and important role of states and localities in public
    safety matters, and the essential role that state and local
    governments play in delivering alert and warning. Recent experience
    also demonstrates the devastating impact that natural disasters can
    have on the health and safety of a substantial number of people in a
    particular state or region. For this reason, it may serve the public
    interest to give state governors the ability to utilize EAS
    facilities in order to disseminate potentially life-saving
    information under such circumstances. Accordingly, we seek comment
    on whether our rules should be amended to require EAS participants
    to transmit EAS messages issued by the governor(s) of the state(s)
    in which they provide service. We further ask whether, if such a
    requirement were adopted, we should also adopt an additional
    originator code for state governors in section 11.31(d) of our
    rules. We also seek comment on how we can best work with the states
    to help implement the EAS rules we adopt today as well as to develop
    the next generation of alert and warning systems. In particular, we
    note that there is a vital connection between state and local alert
    and warning and Federal efforts to mitigate disasters. In the *EAS
    NPRM*, we noted the importance of state and local EAS plans and
    sought comment on several issues related to these EAS plans,
    including whether periodic updating and review of these plans should
    be required and, if so, how often.[^209] We now also seek comment on
    whether our rules should be revised to require that states notify
    the Commission of any changes in EAS participants' state EAS Local
    Area and/or EAS designation (PEP, LP1, LP2, SR, LR, etc.) within
    thirty days of such change. In the absence of any such change,
    should we require a yearly confirmation that all state EAS Local
    Area and EAS designations remain the same?

74. *Accessibility to Persons with Disabilities.* We also seek comment
    regarding how we may, consistent with the Order we adopt today, make
    EAS alerts more accessible to people with disabilities. The
    Commission is committed to ensuring that persons with disabilities
    have equal access to public warnings and are considered in emergency
    preparedness planning. In the United States, there are approximately
    30.8 million adults with some level of hearing loss and
    approximately 19.1 million adults with vision trouble -- that is 15%
    and 9.3% of the total U.S. adult population, respectively.[^210] It
    is critical that we ensure that these large segments of our
    population have full access to EAS messages.

75. In the *EAS NPRM*, the Commission sought comment on whether there
    are disparities in or conflicts between the EAS rules and those
    contained in section 79.2 that should be reconciled or combined and
    the manner in which such disparities or conflicts could be resolved
    in subsequent rules.[^211] Currently, our Part 11 rules require EAS
    participants to provide all EAS warnings that they transmit in both
    aural and visual formats.[^212] The visual EAS message transmitted
    by television stations, cable systems and wireless cable systems
    must include the elements of the EAS header code, specifically, the
    originator, event, location and the valid time period of the EAS
    message.[^213] In addition, an EAS attention signal must precede the
    emergency message.[^214]

76. Section 79.2 of our rules requires video programming
    distributors[^215] to make the audio portion of emergency
    information accessible to persons with hearing disabilities using
    closed captioning or other methods of visual presentation.[^216]
    Video programming distributors must also ensure that emergency
    information provided in the video portion of a regularly scheduled
    newscast, or a newscast that interrupts regular programming, is
    accessible to persons with visual disabilities through aural
    description in the main audio, such as open video description.[^217]
    Emergency information is defined as information about a current
    emergency that is intended to further the protection of life,
    health, safety, and property, *i.e.* critical details regarding the
    emergency and how to respond to the emergency.[^218]

77. Many commenters to the *EAS NPRM* argued that one of the major
    shortcomings of EAS is the lack of the same specific information in
    the visual, text display of the EAS message as that present in the
    EAS audio feed generated by the source of the message.[^219] SBE
    states that this discrepancy is because the visual portion of the
    EAS message is derived from the header code of the message, rather
    than from the audio feed.[^220] We seek comment as to whether EAS
    television crawls lack specificity due to the "disconnect" between
    the generic information contained in the digital header codes and
    the information contained in the audio portion of the EAS message.

78. SBE argues that one solution to this problem would be the addition,
    by the EAS message originator, of textual information within the EAS
    message containing the same information as the audio message. We
    agree and encourage EAS message originators such as FEMA and state
    emergency operations centers to provide EAS messages in audio and
    visual format to make EAS messages fully accessible to individuals
    with hearing and visual disabilities. Video programming distributors
    could then provide detailed aural and text EAS messages merely by
    providing the EAS message in the format received.

79. Absent such action by EAS message originators, we seek comment on
    whether individuals with hearing and vision disabilities may be
    subject to inconsistent aural and visual information in EAS alerts.
    We also seek comment on whether we should revise our EAS rules to
    require all video programming distributors subject to the
    Commission's Part 11 rules to provide the same information in both
    the visual and aural versions of all EAS messages, instead of only
    the header code information that EAS participants now provide
    visually or the critical details of the emergency information as
    required by section 79.2.[^221] Should parties subject to the
    Commission's EAS rules be required to make an audio EAS message
    accessible to those with hearing disabilities by using a
    transcription of the audio message through the use of closed
    captioning or other methods of visual presentation, such as open
    captioning, crawls, or scrolls, that appear on the screen?[^222] SBE
    argues that in order to provide a visual message identical to the
    audio feed, providers would have to transcribe the feed accurately
    and in real time into a character generator, something for which
    very few television stations and cable companies have the
    resources.[^223] We seek comment on SBE's assertions. Should parties
    subject to the Commission's EAS rules be required to provide an
    audio feed that duplicates any text portion of an EAS alert? To the
    extent that an EAS message contains other visual elements, should
    parties subject to the Commission's EAS rules be required to
    describe such visual portions? Will these obligations impose
    different technical or financial burdens on the various media that
    must comply with the Commission's EAS rules?[^224] Parties should
    discuss in detail any relevant technical or financial issues.

80. We also seek comment on how any next-generation, digitally-based
    alert and warning system can be developed in a manner that assures
    that persons with disabilities will be given equal access to alert
    and warning as other Americans. Further, we seek comment on how we
    can incorporate the Commission's existing disability access rules
    into the development of a more comprehensive EAS? For example, the
    Commission's rules set forth operational and technical standards for
    telecommunications relay services (TRS), a nationwide system which
    permits persons with hearing and speech disabilities to have access
    to the telephone system. Can a digitally-based alert and warning
    system take advantage of this system? Further, we seek comment on
    whether the development of such a state-of-the-art alert and warning
    system would affect the obligations imposed by the Commission's
    rules that implement section 255 of the Act, which requires
    telecommunications manufacturers and service providers to make their
    products and services accessible to people with disabilities? To
    what extent can revisions in the Commission\'s closed captioning
    rules be made to enhance the dissemination of emergency information?
    Commenters should comment on these and other issues relevant to how
    can we take account of those with disabilities as we develop a next
    generation EAS. Are there any additional steps that the Commission
    can take to ensure that people with disabilities are considered
    during the design process of such a system? For example, should the
    Commission adopt requirements that may be factored into the design
    process and, if so, what type of requirements?

81. *Multilingual EAS Messages.* Sections 11.54(b)(7) and 11.55(c)(4) of
    the Commission's rules provide that EAS announcements may be made in
    the same language as the primary language of the station.[^225] In
    the *EAS NPRM*, the Commission sought comment on whether current
    methods of providing alerts and warnings to non-English speaking
    persons are adequate and, if not, what additional provisions are
    necessary and what costs would be associated with implementing such
    provisions.[^226] On September 22, 2005, the Independent Spanish
    Broadcasters Association, the Office of Communication of the United
    Church of Christ, Inc., and the Minority Media and
    Telecommunications Council filed a Petition for Immediate Relief
    with the Commission proposing changes to the Commission's EAS rules
    to require stations to air EAS messages in other languages in
    addition to English.[^227] We seek comment on the issues raised in
    the petition and, for this purpose, we incorporate the petition as
    well as the other pleadings filed in response to the petition into
    the record of this proceeding.[^228] For example, we seek comment on
    how this proposal would be implemented. We also seek comment on any
    other proposals regarding how to best alert non-English speakers.
    Until we address these issues, we encourage that multilingual
    emergency information be provided in areas where a significant
    proportion of the population has its primary fluency in languages
    other than English.

# PROCEDURAL MATTERS

## *Ex Parte* Presentations 

82. This matter shall be treated as a "permit-but-disclose" proceeding
    in accordance with the Commission's *ex parte* rules.[^229] Persons
    making oral *ex parte* presentations are reminded that memoranda
    summarizing the presentations must contain summaries of the
    substance of the presentations and not merely a listing of the
    subjects discussed. More than a one or two sentence description of
    the views and arguments presented is generally required.[^230] Other
    requirements pertaining to oral and written presentations are set
    forth in section 1.1206(b) of the Commission's rules.

## Comment Filing Procedures

83. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
    C.F.R §§ 1.415, 1.419, interested parties may file comments and
    reply comments on or before the dates indicated on the first page of
    this document. **All filings related to this Order and the Further
    Notice of Proposed Rulemaking should refer to EB Docket No.
    04-296**. Comments may be filed using: (1) the Commission's
    Electronic Comment Filing System (ECFS), (2) the Federal
    Government's eRulemaking Portal, or (3) by filing paper copies.
    *See* *Electronic Filing of Documents in Rulemaking Proceedings*, 63
    FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers should include their full name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. Parties may also submit an electronic comment by
        Internet e-mail. To get filing instructions, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

```{=html}
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```
-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> Filings can be sent by hand or messenger delivery, by commercial
> overnight courier, or by first-class or overnight U.S. Postal Service
> mail (although we continue to experience delays in receiving U.S.
> Postal Service mail). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington DC 20554.

## Accessible Formats

84. To request materials in accessible formats for people with
    disabilities (braille, large print, electronic files, audio format),
    send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
    Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

## Regulatory Flexibility Analysis

85. As required by the Regulatory Flexibility Act of 1980, *see* 5
    U.S.C. § 604, the Commission has prepared a Final Regulatory
    Flexibility Analysis (FRFA) of the possible significant economic
    impact on small entities of the policies and rules addressed in this
    document. The FRFA is set forth in Appendix D.

86. As required by the Regulatory Flexibility Act of 1980, *see* 5
    U.S.C. § 603, the Commission has prepared an Initial Regulatory
    Flexibility Analysis (IRFA) of the possible significant economic
    impact on small entities of the policies and rules addressed in this
    document. The IRFA is set forth in Appendix E. Written public
    comments are requested on the IRFA. These comments must be filed in
    accordance with the same filing deadlines as comments filed in
    response to this Further Notice of Proposed Rulemaking as set forth
    in paragraph 83, and have a separate and distinct heading
    designating them as responses to the IRFA.

## Paperwork Reduction Act Analysis

87. This First Report and Order contains new and modified information
    collection requirements subject to the Paperwork Reduction Act of
    1995 (PRA), Public Law 104-13. It will be submitted to the Office of
    Management and Budget (OMB) for review under Section 3507(d) of the
    PRA. OMB, the general public, and other Federal agencies are invited
    to comment on the new and modified information collection
    requirements contained in this proceeding. In addition, we note that
    pursuant to the Small Business Paperwork Relief Act of 2002, Public
    Law 107-198, *see* 44 U.S.C. § 3506(c)(4), we 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, we have assessed the
    effects of expanding the reach of EAS to cover DTV, DAB, digital
    cable, DBS and SDARS providers, and find that this imposes minimal
    regulation on small entities to the extent consistent with our goal
    of advancing our public safety mission.

## Congressional Review Act

88. The Commission will send a copy of this Report and Order in a report
    to be sent to Congress and the Government Accountability Office
    pursuant to the Congressional Review Act (CRA), *see* 5 U.S.C. §
    801(a)(1)(A).

# ORDERING CLAUSES

89. 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 Report and Order in EB Docket No. 04-296 IS ADOPTED, and
    that Part 11 of the Commission's Rules, 47 C.F.R. Part 11, is
    amended as set forth in Appendix B. The Order shall become effective
    30 days after publication in the Federal Register. The rules set
    forth in Appendix B 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 that new or modified information collection
    requirements contained in Appendix B will not become effective prior
    to OMB approval.

90. IT IS FURTHER 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 Further Notice of Proposed Rulemaking in EB Docket No.
    04-296 IS ADOPTED.

91. 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 and Further Notice of
    Proposed Rulemaking, including the Final Regulatory Flexibility
    Analysis and the Initial Regulatory Flexibility Analysis, to the
    Chief Counsel for Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

> **APPENDIX A**
>
> **LIST OF COMMENTERS**
>
> **Comments in EB Docket No. 04-296**

**[Commenters]{.underline}** **[Abbreviation]{.underline}**

Abbott, Adrienne Abbott

Alaska Broadcasters Association and the State Emergency Communications
Committee ABA/ASECC

Alert Systems, Inc. Alert Systems

Alpena, MI, City of Alpena

American Cable Association ACA

American Foundation for the Blind AFB

American Teleservices Association ATA

Ann Arbor, MI, City of Ann Arbor

Association of Public Television Stations APTS

Auburn and Northborough, Massachusetts, Towns of Auburn-Northborough

Brookstone, Melissa and Jennifer Brookstone

California Broadcasters Association CBA

Capitol Broadcasting Company, Inc. CBC

Carlsbad, CA, City of Carlsbad

Cellular Emergency Alert Service Association CEASA

Cellular Telecommunications & Internet Association CTIA

Charleston County, SC Charleston

Charter Communications, Inc. Charter

Consumer Electronics Association CEA

Contra Costa County Community Warning System Contra Costa County

Corr Wireless Communications, LLC Corr

Cox Broadcasting, Inc. Cox

Croghan, Bill Croghan

Deeds, Douglas Deeds

Developers ─ Sage Alerting Systems ENDEC, Gerald LeBow and Harold Price
Developers

Digital Alert Systems, LLC DAS

Dodds, Betty J. Dodds

Elk Grove Village Elk Grove

Entergy Nuclear Northeast, Michael J. Slobodien Entergy

Estlack, Larry A. Estlack

Fontana, CA, City of Fontana

Georgetown University Georgetown

Global Marketing Solutions, Inc. Global

Harris Corporation Harris

Hearst-Argyle Television, Inc. Hearst-Argyle

Howard-Thurst, Paul Howard-Thurst

Intergovernmental Advisory Committee (Jenny Hansen), FCC IAC

Intrado, Inc. Intrado

Iowa City, Iowa, City of Iowa City

Jefferson Pilot Communications Company Jefferson-Pilot

Liberty Corporation Liberty

LogicaCMG plc LogicaCMG

Lowell, Massachusetts, City of Lowell

Maine State Emergency Communications Committee Maine SECC

Marquette, MI, City of Marquette

McDonough, Robert McDonough

Midland Radio Corporation Midland

Municipalities and Municipal Organizations Municipalities

Named State Broadcasters Associations Named SBA

National Association of Broadcasters NAB

National Association of Broadcasters and Association for Maximum Service
TV, Inc. NAB/MSTV

National Association of Broadcasters/Florida Association of Broadcasters
NAB/FAB

National Association of State Chief Information Officers NASCIO

National Cable & Telecommunications Association NCTA

National Center for Missing & Exploited Children NCMEC

New Hampshire SECC, Edward W. Brouder, Jr., Chairman, NH SECC

Newell, Thomas A., Facilities Engineer Newell

North Carolina Association of Broadcasters NCAB

North Carolina State Emergency Communications Committee NC SECC

Ohio Association of Broadcasters OAS

Ohio Emergency Management Agency Ohio EMA

Osenkowsky, Thomas G. Osenkowsky

Pappas Telecasting Companies Pappas

Partnership for Public Warning PPW

Primary Entry Point Advisory Committee, Inc. PEPAC

Putkovich, Kenneth Putkovich

RadioShack Corporation RadioShack

Rau, Dan Rau

Rehabilitation Engineering Research Center on Mobile Wireless
Technologies RERC Wireless

Rehabilitation Engineering Research Center on Telecommunications Access
RERC

Richards, Tristan, Chair, Maine SECC Richards

Ruhwiedel, Henry Ruhwiedel

Rural Cellular Association RCA

Santa Clara County Emergency Managers Association Santa Clara EMA

Satellite Broadcasting and Communications Association SBCA

SatStream Systems Corp, Michael G. Lee SatStream

Seven Ranges Radio Co., Inc. Seven Ranges

Sheerin, Peter K. Sheerin

Simar, Douglas S. Simar

Sirius Satellite Radio, Inc. Sirius

Society of Broadcast Engineers, Inc. SBE

Southeastern Michigan Counties and Municipalities (Neil J. Lehto) SE
Michigan Counties

Stewart, Dwight Stewart

Stussy, D. Stussy

SWN Communications, Inc. SWN

Telecommunications for the Deaf, Inc. et. al. TDI

Telecommunications Industry Association TIA

TFT, Inc. TFT

Timm, Gary E., Chair, Wisconsin SECC Timm

Torrance, CA, City of Torrance

Trilithic, Inc. Trilithic

Verizon Verizon

Walnut Creek, CA, City of Walnut Creek

Ward, Dr. Peter L. Dr. Ward

WTOP-AM, (WTOP-FM) and WXTR-AM WTOP/WXTR

XM Radio Inc. XM

Yount, Steven Yount

**[Reply Commenters]{.underline}** **[Abbreviation]{.underline}**

Alert Systems, Inc. Alert Systems

American Cable Association ACA

Ann Arbor, MI, City of Ann Arbor

BellSouth Entertainment, LLC BellSouth

Cadillac, MI, City of Cadillac

Cellular Telecommunications and Internet Association CTIA

Consumer Electronics Association CEA

Cowan, Terry A. Cowan

Dubuque, Iowa, City of Dubuque

"ec", Comments of "ec"

EchoStar Satellite, LLC EchoStar

FEMA, Director, Office of Nat'l Security Coordination FEMA

Hoffman Estates, Illinois, Village of Hoffman Estates

LogicaCMG plc LogicaCMG

Mesa, Arizona, City of Mesa

Municipalities and Municipal Organizations Municipalities

Named State Broadcasters Associations Named SBA

National Cable & Telecommunications Association NCTA

Orange County Local Emergency Communications Committee Orange County
LECC

Oregon State Communications Commission Oregon SCC

Putkovich, Kenneth Putkovich

RadioShack Corporation RadioShack

Ruhwiedel, Henry Ruhwiedel

Satellite Broadcasting and Communications Association SBCA

Society of Broadcast Engineers, Inc. SBE

Southeastern Michigan Counties & Municipalities SE Michigan Counties

St. Tammany Parish St. Tammany

TFT, Inc. TFT

T-Mobile USA, Inc. T-Mobile

XM Radio Inc. XM

**[Ex Parte Commenters]{.underline}** **[Abbreviation]{.underline}**

3G Americas 3G

Active Data Exchange, Inc. Active Data

Advanced Television Systems ATS

Alert Systems, Inc. Alert Systems

American Cable Association ACA

Azos AI, LLC Azos

Bautista, Greg Bautista

Bekey, Ivan Bekey

Cellular Emergency Alert Systems Association CEASA

Cellular Emergency Alert Systems Association International (Mark Wood)
CEASA International

Cellular Telecommunications & Internet Association CTIA

Consumer Electronics Association CEA

Consumers Union 10/20/05 *ex parte* filing Consumers Union

Cook, Katherine Cook

Digital Alert Systems, LLC DAS

DIRECTV, Inc. DIRECTV

FCC, Office of Homeland Security, regarding Digital Television DTV ex
parte

FCC, Office of Homeland Security, regarding DTH Satellite Services
Satellite DTH ex parte

Gehlhar, Mhairi Gehlhar

Global Marketing Solutions, Inc. Global

Hines, Kinsey Hines

Independent Spanish Broadcasters Association, MMTC

> Office of Communications of United Church of Christ, Inc., and
>
> Minority Media and Telecommunications Council

INTELSAT INTELSAT

Kluttz, Andrew Kluttz

Labanow, David J. Labanow

LogicaCMG Global Telecoms LogicaCMG

Luna, Hector Eden Luna

Named State Broadcasters Associations Named SBA

National Association of Broadcasters NAB

National Association of Telecommunications Officers and Advisors NATOA

Nextel Communications, Inc. Nextel

Nortel Nortel

PanAmSat PanAmSat

RadioShack Corporation RadioShack

Robbins, Bert Robbins

Ruhwiedel, Henry Ruhwiedel

Rural Cellular Association RCA

Schacter, Janice Schacter

SES American SES American

Sirius Satellite Radio, Inc. Sirius

Trilithic, Inc. Trilithic

USA Mobility, Inc. USA Mobility

Ward, Dr. Peter L. Dr. Ward

Wiley Rein & Fielding, LLP Wiley Rein

XM Radio Inc. XM

> **[APPENDIX B]{.underline}**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 C.F.R. Part 11 as follows:

**[PART 11 -- EMERGENCY ALERT SYSTEM (EAS)]{.underline}**

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

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

2.  Revise § 11.1 to read as follows:

**[§ 11.1  Purpose.]{.underline}**

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.

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

**[§ 11.11  The Emergency Alert System (EAS).]{.underline}**

(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 C.F.R. § 25.701(a) (including certain
    Ku-band Fixed-Satellite Service Direct to Home providers); SDARS, as
    defined in 47 C.F.R. § 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 §11.31, to send and receive emergency alerts in accordance with
    the effective dates listed above and in the following tables:

Analog and Digital Broadcast Stations

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

EAS Equipment AM & FM Digital TV DTV FM Class D\\1\\ LPTV \\2\\ LPFM
\\3\\ Class A TV\\4\\

Requirement AM & FM

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Two-tone encoder \\5\\ \\6\\ Y Y 12/31/06 Y Y 12/31/06 N N N Y

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 Y

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 Y

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\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

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

B. EAS Equipment Requirement \>=5,000 but \< 10,000

\>=10,000 subscribers subscribers \<5,000 subscribers

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Two-tone signal from storage device Y 12/31/98 Y 10/1/02 Y 10/1/02

\\1\\.

EAS decoder \\3\\\...\...\...\...\...\...\... Y 12/31/98 Y 10/1/02 Y
10/1/02

EAS encoder \\2\\\...\...\...\...\...\...\... Y 12/31/98 Y 10/1/02 Y
10/1/02

Audio and Video EAS Message on all Y 12/31/98 Y 10/1/02 N

channels.

Video interrupt and audio alert N N Y 10/1/02

message on all channels,\\3\\ Audio

and Video EAS message on at least

one channel.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\1\\ Two-tone signal is only used to provide an audio alert to audience
before EAS emergency messages and

required monthly test. The two-tone signal must be 8-25 seconds in
duration.

\\2\\ 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.

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 \< 5,000

subscribers subscribers

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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 § 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

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

B. EAS Equipment Requirement \>=5,000 subscribers \<5,000 subscribers

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Two-tone signal from storage device Y 12/31/06 Y 12/31/06

\\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 all Y 12/31/06 N

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 § 73.506, digital class D non-commercial educational FM stations,
> analog LPFM stations as defined in §§ 73.811 and 73.853, digital LPFM
> stations, analog LPTV stations as defined in § 74.701(f), and digital
> LPTV stations as defined in § 74.701(k) are not required to comply
> with § 11.32. Analog and digital LPTV stations that operate as
> television broadcast translator stations, as defined in § 74.701(b) of
> this chapter, are not required to comply with the requirements of this
> part. FM broadcast booster stations as defined in § 74.1201(f) of this
> chapter and FM translator stations as defined in § 74.1201(a) of this
> chapter which entirely rebroadcast the programming of other local FM
> broadcast stations are not required to comply with the requirements of
> this part. International broadcast stations as defined in § 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% 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 §§ 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.

4.  Revise § 11.13 to read as follows:

**[§  11.13 Emergency Action Notification (EAN) and Emergency Action
Termination (EAT).]{.underline}**

\(a\) 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.

5.  Revise § 11.15 to read as follows:

**[§ 11.15  EAS Operating Handbook.]{.underline}**

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.

6.  Revise § 11.19 to read as follows:

**[§ 11.19  EAS Non-participating National Authorization
Letter.]{.underline}**

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.

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

**[§ 11.21  State and Local Area Plans and FCC Mapbook.]{.underline}**

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.

\* \* \* \* \*

8.  Amend § 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:

**[§ 11.31  EAS protocol.]{.underline}**

\* \* \* \* \*

\(c\) \* \* \*

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.

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

**[§ 11.33  EAS Decoder.]{.underline}**

\(a\) \* \* \*

\(4\) [Display and logging]{.underline}*.* 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.]{.underline} 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 responses,
decoders designed to use the two tones for receiver demuting shall
comply with the following:

\* \* \* \* \*

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

**[§ 11.34  Acceptability of the equipment.]{.underline}**

\* \* \* \* \*

\(e\) 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.

\* \* \* \* \*

11. Revise § 11.35 to read as follows:

**[§ 11.35  Equipment operational readiness.]{.underline}**

\(a\) 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 § 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 §§ 73.1820 and 73.1840 of this chapter for
all broadcast streams and cable system records as specified in
§§ 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 part (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.

12. Revise § 11.41 to read as follows:

**[§ 11.41  Participation in EAS.]{.underline}**

\(a\) All EAS Participants specified in § 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 § 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.

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

**[§ 11.42  Participation by communications common
carriers.]{.underline}**

\(a\) \* \* \*

\(1\) 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.

\* \* \* \* \*

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

**[§ 11.44  EAS message priorities.]{.underline}**

\* \* \* \* \*

\(d\) 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.

15. Revise § 11.46 to read as follows:

**[§ 11.46  EAS public service announcements.]{.underline}**

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.

16. Revise § 11.47 to read as follows:

**[§ 11.47  Optional use of other communications methods and
systems.]{.underline}**

\(a\) 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
Emergency Communications Committee for information and guidance.

17. Revise § 11.51 to read as follows:

**[§ 11.51  EAS code and Attention Signal Transmission
requirements.]{.underline}**

\(a\) 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 § 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 § 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 § 73.506 of this chapter, digital class D non-commercial educational
FM stations, analog Low Power FM (LPFM) stations as defined in §§ 73.811
and 73.853 of this chapter, digital LPFM stations, analog low power TV
(LPTV) stations as defined in § 74.701(f) of this chapter, and digital
LPTV stations as defined in § 74.701(k) of this chapter are not required
to have equipment capable of generating the EAS codes and Attention
Signal specified in § 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 §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 § 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 § 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 § 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 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 § 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 § 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 § 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.

18. Revise § 11.52 to read as follows:

**[§ 11.52  EAS code and Attention Signal Monitoring
requirements.]{.underline}**

\(a\) EAS Participants must be capable of receiving the Attention Signal
required by § 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 § 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 § 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 § 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 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]{.underline} 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]{.underline} 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 §§ 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.

19. Amend § 11.53 by revising paragraphs (a) and (c) to read as follows:

**[§ 11.53  Dissemination of Emergency Action
Notification.]{.underline}**

\* \* \* \* \*

\(a\) [National Level]{.underline}. 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.

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

**[§ 11.54  EAS operation during a National Level
emergency.]{.underline}**

\* \* \* \* \*

\(b\) 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 §
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 § 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 §§ 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 § 11.51(g) and (h).

\(7\) DBS providers shall transmit all EAS announcements visually and
aurally as specified in § 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 §§ 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 §§ 73.1820 and 73.1840 of this chapter), by
analog and digital cable systems in their records (as specified in
§ 76.1711 of this chapter), by subject wireless cable systems in their
records (as specified in § 21.304 of this chapter), and by all other EAS
Participants in their records as specified in § 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.

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

**[§ 11.55  EAS operation during a State or Local Area
emergency.]{.underline}**

\(a\) 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 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 § 11.54(b)(5); analog cable systems, digital cable
systems, and wireless cable systems must comply with § 11.54(b)(6); and
DBS providers must comply with § 11.54(b)(7). EAS Participants providing
foreign language programming should comply with § 11.54(b)(8).

\* \* \* \* \*

\(7\) The times of the above EAS actions must be entered in the EAS
Participants' records as specified in §§ 11.35(a) and 11.54(b)(13).

\* \* \* \* \*

22. Revise § 11.61 to read as follows:

**[§ 11.61  Tests of EAS procedures.]{.underline}**

\(a\) 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
§§ 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]{.underline}. 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]{.underline}. 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 § 11.51. To substitute for the weekly test of the EAS
header codes and EOM codes in paragraph (2)(i) of this section,
activation must include transmission of the EAS header and EOM codes.
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 § 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
§§ 11.35(a) and 11.54(b)(13).

**APPENDIX C**

**Penetration Data**

This Appendix looks at trends of several different types of broadcast
and subscription media over a five-year period. It provides quantitative
evidence about the consumer adoption of new digital technologies as
replacements for the analog broadcast and cable systems that are
currently required to implement EAS. As a basis for this evidence, the
study relies on 12 annual estimates of usage metrics for 7 different
types of broadcast and subscription media. Estimates for each metric
measuring media usage were obtained from publicly available sources and
documents filed with the Commission, cited to in this Appendix. This
study, although not exhaustive, uses the most reliable and detailed
estimates publicly available. To provide a consistent comparison across
the usage metrics, we used estimates reported for June of each year,
when possible. In some cases, only year-end or other quarter estimates
were available. Time periods of estimates are identified in the Sources
and Notes to the Usage of Broadcast and Subscription Media Technologies
chart in this Appendix.

  ---------------- ----------------------- ------------- ------------- ------------- ------------- ------------- --------------
  **Usage of                                                                                                     
  Broadcast and                                                                                                  
  Subscription                                                                                                   
  Media                                                                                                          
  Technologies**                                                                                                 

                                           **Jun-00**    **Jun-01**    **Jun-02**    **Jun-03**    **Jun-04**    **Jun-05P†**

                                                                                                                 

  \(1\)            **US Households**       105,757,000   106,867,000   108,508,000   112,117,000   113,530,000   113,800,000

  \(2\)            **US Population**       282,192,162   285,102,075   287,941,220   290,788,976   293,655,404   295,507,134

                                                                                                                 

  \(3\)            **TV Households**       100,801,720   102,184,810   105,444,330   106,641,910   108,410,160   110,200,000

  \(4\)            **TV Stations**         N/A           1,678         1,712         1,726         1,747         1,747

                                                                                                                 

  \(5\)            **DTV Households**      81,500        280,640       705,640       1,596,640     3,544,640     14,120,728

  \(6\)            **DTV Stations on the   75            119           278           1,247         1,423         1,525
                   Air**                                                                                         

                                                                                                                 

  \(7\)            **Digital Cable         6,000,000     10,900,000    15,900,000    20,000,000    22,900,000    26,000,000
                   Subscribers**                                                                                 

                                                                                                                 

  \(8\)            **Radio Listeners**     135,375,400   136,218,800   140,497,100   141,759,200   144,319,000   145,846,300

  \(9\)            **Radio Stations**      N/A           12,931        13,261        13,418        13,486        13,557

                                                                                                                 

  \(10\)           **DAB Receivers**       0             0             0             0             10,000        100,000

  \(11\)           **DAB Stations**        0             0             0             72            135           359

                                                                                                                 

                   **Satellite DARS        0             0             140,065       797,439       2,580,693     6,232,116
                   Subscribers**                                                                                 

  \(12\)           XM Satellite Radio      0             0             136,718       692,253       2,100,352     4,417,490
                   Subscribers                                                                                   

  \(13\)           Sirius Satellite Radio  0             0             3,347         105,186       480,341       1,814,626
                   Subscribers                                                                                   

                                                                                                                 

                   **Direct-to-Home        14,463,717    17,070,074    18,940,641    20,862,191    23,495,766    27,530,000
                   Satellite Subscribers**                                                                       

  \(14\)           HSD Subscribers         1,476,717     1,000,074     700,641       502,191       335,766       145,000

  \(15\)           DBS Subscribers         12,987,000    16,070,000    18,240,000    20,360,000    23,160,000    27,385,000
  ---------------- ----------------------- ------------- ------------- ------------- ------------- ------------- --------------

**†** Preliminary figures for 2005

  ------------- ----------------------- ------------ ------------ ------------ ------------ ------------ --------------
  **Usage as a                                                                                           
  Percentage of                                                                                          
  Addressable                                                                                            
  Market**                                                                                               

                                        **Jun-00**   **Jun-01**   **Jun-02**   **Jun-03**   **Jun-04**   **Jun-05P†**

  \(5\)         **DTV Households\***    0.08%        0.27%        0.67%        1.50%        3.27%        12.81%

  \(6\)         **DTV Stations on the   4.42%        7.01%        16.37%       73.44%       83.80%       89.81%
                Air\*\***                                                                                

                                                                                                         

  \(7\)         **Digital Cable         5.95%        10.67%       15.08%       18.75%       21.12%       23.59%
                Subscribers\***                                                                          

                                                                                                         

  \(8\)         **Radio                 47.97%       47.78%       48.79%       48.75%       49.15%       49.35%
                Listeners\*\*\***                                                                        

                                                                                                         

  \(10\)        **DAB Receivers\*\*\*** 0.00%        0.00%        0.00%        0.00%        0.00%        0.03%

  \(11\)        **DAB                   0.00%        0.00%        0.00%        0.54%        1.00%        2.65%
                Stations\*\*\*\***                                                                       

                                                                                                         

                **Satellite DARS        0.00%        0.00%        0.05%        0.27%        0.88%        2.11%
                Subscribers\*\*\***                                                                      

  \(12\)        XM Satellite Radio      0.00%        0.00%        0.05%        0.24%        0.72%        1.49%
                Subscribers\*\*\*                                                                        

  \(13\)        Sirius Satellite Radio  0.00%        0.00%        0.00%        0.04%        0.16%        0.61%
                Subscribers\*\*\*                                                                        

                                                                                                         

                **Direct-to-Home        14.35%       16.71%       17.96%       19.56%       21.67%       24.98%
                Satellite                                                                                
                Subscribers\***                                                                          

  \(14\)        HSD Subscribers\*       1.46%        0.98%        0.66%        0.47%        0.31%        0.13%

  \(15\)        DBS Subscribers\*       12.88%       15.73%       17.30%       19.09%       21.36%       24.85%

                                                                                                          

                                                                                                         

  \*            Percentage of TV                                                                         
                Households                                                                               

  \*\*          Percentage of DTV                                                                        
                Stations Authorized                                                                      
                (1,698 total)                                                                            

  \*\*\*        Percentage of US                                                                         
                Population                                                                               

  \*\*\*\*      Percentage of All Radio                                                                  
                Stations                                                                                 
  ------------- ----------------------- ------------ ------------ ------------ ------------ ------------ --------------

**†** Preliminary figures for 2005

  ---------- -------------------------------------------------------------------------------------------------------------------------------------------------------------
  *Sources & 
  Notes:*    

  \(1\)      U.S. Census Bureau, *Current Population Survey* (Sept. 2005) (estimates are from July of each year).

  \(2\)      U.S. Census Bureau, *Population Estimates Program* (Jul. 2005) (estimates are from July of each year), *available at*
             http://factfinder.census.gov/servlet/DTTable?\_bm=y&-geo_id=01000US&-ds_name=PEP_2004_EST&-\_lang=en&-mt_name=PEP_2004_EST_G2004_T001&-format=&-CONTEXT=dt.
             U.S. Census Bureau, Population Division, *Interim State Population Projections*, Table A1 (Apr. 21, 2005) (reporting estimate as of July 1, 2005), *available
             at* http://www.census.gov/population/projections/SummaryTabA1.pdf.

  \(3\)      FCC, *Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming*, MB Docket No. 04-227*,* Eleventh Annual Report, 20
             FCC Rcd 2755, 2869-70, Appendix B, Table B-1 (Feb. 2005) (*Eleventh Annual Video Competition Report*) (citing estimates from Nielsen Media Research). NTCA,
             *Industry Overview* (citing Nielsen Media Research projections for Jan. 2006) *available at* http://www.ncta.com/Docs/PageContent.cfm?pageID=86.

  \(4\)      FCC, *Broadcast Station Totals (Index)* (includes educational stations), *available at* http://www.fcc.gov/mb/audio/totals/index.html.

  \(5\)      Consumer Electronics Association (CEA) *ex parte*, EB Docket 04-296 (filed Sept. 2, 2005) (responding to request for estimated cumulative year-end sales of
             ATSC tuner-equipped DTVs and ATSC tuner sales).

  \(6\)      FCC, Media Bureau, *DTV Stations Authorized To Be On The Air*, *available at* http://www.fcc.gov/mb/video/files/dtvonairsum.html (numbers on website change
             because website is updated on monthly basis to report current status).

  \(7\)      NCTA, *2005 Mid-Year Industry Overview*, 13 (estimates are from first quarter of each year) (2005), *available at*
             http://www.ncta.com/industry_overview/CableMid-YearOverview05FINAL.pdf.

  \(8\)      Arbitron, *Persons Using Radio Report* (2005), *available at* http://wargod.arbitron.com/scripts/ndb/ndbradio2.asp (reporting estimate of cumulative persons
             for summer of each year). Cumulative persons are the total number of different persons who tune to a radio station during the course of a daypart for at
             least five minutes. *Id.*

  \(9\)      FCC, *Broadcast Station Totals (Index)* (includes educational stations), *available at* http://www.fcc.gov/mb/audio/totals/index.html.

  \(10\)     iBiquity Digital Corporation estimates (2005).

  \(11\)     FCC, Media Bureau, Consolidated DataBase System (CDBS), *available at* http://www.fcc.gov/mb/databases/cdbs/.

  \(12\)     XM Satellite Radio Inc., 10-Q and 10-K SEC Filings.

  \(13\)     Sirius Satellite Radio Inc., 10-Q and 10-K SEC Filings.

  \(14\)     *Eleventh Annual Video Competition Report*, 20 FCC Rcd at 2869-70, Appendix B, Table B-1 (citing estimates from Sky Report, *available at*
             http://www.skyreport.com/dth_us.htm, SBCA Comments (from current docket and previous *Annual Video Competition Reports*)); Kagan Research, LLC, *The DBS
             Report,* 2 (May 27, 2005) (projecting estimate as of year-end 2005).

  \(15\)     *Id*.
  ---------- -------------------------------------------------------------------------------------------------------------------------------------------------------------

**APPENDIX D**

**FINAL REGULATORY FLEXIBILITY ANALYSIS**

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA),[^231] an Initial Regulatory Flexibility Analysis (IRFA) was
    incorporated in the Notice of Proposed Rulemaking in EB Docket
    04-296 (*EAS NPRM*).[^232] The Commission sought written public
    comment on the proposals in the *EAS NPRM*, including comment on the
    IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to
    the RFA.

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A.  **Need for, and Objectives of, the Rules**

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1.  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.

2.  This *Order* is a follow-up to the *EAS NPRM* that was issued last
    year. In the *EAS 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 *EAS NPRM* also solicited comments and participation of
    state and local emergency planning organizations and all
    telecommunications industries to develop a more effective EAS.
    Today's *Order* takes initial steps to resolve the issues raised in
    the *EAS NPRM*.

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B.  **Summary of Significant Issues Raised by Public Comments in
    Response to the**

> **IRFA**

3.  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
    *EAS NPRM*) in order to reduce the economic impact of the rules
    enacted herein on such entities.

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

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4.  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.[^233] The RFA generally
    defines the term "small entity" as having the same meaning as the
    terms "small business," "small organization," and "small
    governmental jurisdiction."[^234] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^235] A "small business concern" is
    one which: (1) is independently owned and operated; (2) is not
    dominant in its field of operation; and (3) satisfies any additional
    criteria established by the Small Business Administration
    (SBA).[^236]

5.  A small organization is generally "any not-for-profit enterprise
    which is independently owned and operated and is not dominant in its
    field."[^237] Nationwide, as of 2002, there were approximately 1.6
    million small organizations.[^238] 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."[^239] As of 1997, there
    were approximately 87,453 governmental jurisdictions in the United
    States.[^240] 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, we estimate 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.[^241]

6.  *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.[^242]
    Business concerns included in this industry are those "primarily
    engaged in broadcasting images together with sound."[^243] 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. We note, however, that, in
    assessing whether a business concern qualifies as small under the
    above definition, business (control) affiliations[^244]must be
    included.[^245] Our estimate, therefore, likely overstates the
    number of small entities that might be affected by our 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).[^246] Given the nature of this
    service, we will presume that all LPTV licensees qualify as small
    entities under the SBA size standard.

7.  *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.[^247] A radio broadcasting station is an establishment
    primarily engaged in broadcasting aural programs by radio to the
    public.[^248] Included in this industry are commercial, religious,
    educational, and other radio stations.[^249] Radio broadcasting
    stations which primarily are engaged in radio broadcasting and which
    produce radio program materials are similarly included.[^250]
    However, radio stations that are separate establishments and are
    primarily engaged in producing radio program material are classified
    under another NAICS number.[^251] 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. We note,
    however, that many radio stations are affiliated with much larger
    corporations having much higher revenue. Our estimate, therefore,
    likely overstates the number of small entities that might be
    affected by our action.

8.  *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.[^252] According to Census Bureau data
    for 1997, in this category there was a total of 1,311 firms that
    operated for the entire year.[^253] 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.[^254] 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.[^255]

9.  *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.[^256] We have estimated that there were
    1,439 cable operators who qualified as small cable system operators
    at the end of 1995.[^257] 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.

10. *Cable System Operators (Telecom Act Standard)*. The Communications
    Act of 1934, as amended, (Act) 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."[^258] The Commission has
    determined that there are 67,700,000 subscribers in the United
    States.[^259] 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.[^260]
    Based on available data, the Commission estimates that the number of
    cable operators serving 677,000 subscribers or fewer, totals
    1,450.[^261] The Commission neither requests nor collects
    information on whether cable system operators are affiliated with
    entities whose gross annual revenues exceed \$250 million,[^262] 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 Act.

11. *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.[^263] This
    definition of small entity in the context of MDS auctions has been
    approved by the SBA.[^264] The Commission completed its MDS auction
    in March 1996 for authorizations in 493 basic trading areas. Of 67
    winning bidders, 61 qualified as small entities. At this time, we
    estimate that of the 61 small business MDS auction winners, 48
    remain small business licensees.

12. 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.[^265] This definition includes
    MDS and thus applies to MDS licensees that did not participate in
    the MDS auction. Information available to us indicates that there
    are approximately 392 incumbent MDS licensees that do not generate
    revenue in excess of \$11 million annually. Therefore, we estimate
    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.[^266]

13. *Instructional Television Fixed Service*. The established rules
    would also apply to Instructional Television Fixed Service (ITFS)
    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.[^267] 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.[^268] However, we do not collect
    annual revenue data for ITFS licensees, and are not able to
    ascertain how many of the 100 non-educational licensees would be
    categorized as small under the SBA definition. Thus, we tentatively
    conclude that at least 1,932 are small businesses and may be
    affected by the established rules.

14. *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 million
    or less in average annual receipts.[^269] 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.[^270] 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.

15. 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."[^271] 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.

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D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements**

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16. In today's *Order*, we have taken steps to advance our 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.

17. As indicated above, we have revised our EAS rules to make them apply
    to DTV broadcasters. The *Order* requires that DTV broadcasters
    comply with our Part 11 rules.[^272] 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.[^273]

18. We have revised our 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.[^274] 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.[^275]

19. We also have revised our EAS rules to make them apply to digital
    audio broadcasting (DAB) providers. The *Order* requires DAB
    providers to air all national EAS messages.[^276] 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
    our 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.[^277]

20. We have revised our 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.[^278] We also strongly
    encourage 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. We have 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 website and should also
    be distributed in writing to customers at least annually.

21. In addition, in order to ensure that Direct Broadcast Satellite
    (DBS) subscribers receive an EAS message from the President in the
    event of a national emergency, we have revised our EAS rules to
    require that DBS providers participate in national EAS
    activations.[^279] For purposes of this *Order*, DBS providers
    include the entities set forth in section 25.701(a) of the
    Commission's rules.[^280] The *Order* permits DBS 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. We note that SBCA commented that DBS
    providers 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.[^281] However, DIRECTV
    commented that it was prepared to commit the assets to develop the
    systems and procedure necessary to deliver National EAS.[^282] We
    have 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.

22. Although participation in state and local EAS activations remains
    voluntary, we have 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. We have 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.[^283]

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E.  **Steps Taken to Minimize the Significant Economic Impact on Small
    Entities, and Significant Alternatives Considered**

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23. 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."[^284]

24. The *EAS 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 *EAS NPRM*
    specifically sought comment on the technical alternatives to
    providing EAS messages. In particular, the *EAS 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?[^285]

25. The Commission has considered each of the alternatives described
    above, and in today's *Order* imposes minimal regulation on small
    entities to the extent consistent with our goal of advancing our
    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 we
    anticipate that this addition of new providers to EAS can be
    accomplished swiftly and smoothly. We believe that the benefits of
    requiring DTV, DAB, digital cable, DBS 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. We agree 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 we have indicated above, we 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.

26. **[Report to Congress]{.underline}:** 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.[^286] 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.[^287]

**APPENDIX E**

**INITIAL REGULATORY FLEXIBILITY ANALYSIS**

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA),[^288] the Commission has prepared this present Initial
    Regulatory Flexibility Analysis (IRFA) of the possible significant
    economic impact on a substantial number of small entities by the
    policies and rules proposed in this Further Notice of Proposed
    Rulemaking *(Further Notice)*. Written public comments are requested
    on this IRFA. Comments must be identified as responses to the IRFA
    and must be filed by the deadlines for comments on the *Further
    Notice* provided in Section IV of the item. The Commission will send
    a copy of the *Further Notice*, including this IRFA, to the Chief
    Counsel for Advocacy of the Small Business Administration
    (SBA).[^289] In addition, the *Further Notice* and IRFA (or
    summaries thereof) will be published in the Federal Register.[^290]

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A.  **Need for, and Objectives of, the Proposed Rules**

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2.  Today's *Order*, which accompanies the *Further Notice*, is the
    Commission's first step to ensure that digital media is capable of
    receiving and disseminating EAS messages. In the *Order*, the
    Commission realized the immediate objective of ensuring that the
    large and growing segments of the population who rely on digital
    radio and television technologies are not left without access to
    alerts in the event of an emergency. Although the current EAS
    performs a critical function, the Commission believes it could be
    improved. An accurate, wide-reaching public alert and warning system
    is critical to the public safety and a vital part of the
    Commission's core mission to promote the safety of life and property
    through a robust communications system. The Commission believes that
    such a system should be technologically up-to-date, should have
    built-in redundancy features, and should use a variety of
    communications media to allow officials at the national, state and
    local levels to send messages to reach the greatest number of
    citizens in the affected areas in the most effective and efficient
    manner possible.

3.  Accordingly, the Commission is initiating this *Further Notice* to
    seek additional comment on what actions the Commission, along with
    our Federal, State and industry partners, should take to help
    expedite the development of a robust, state-of-the-art,
    digitally-based public alert and warning system. The Commission also
    seeks comment on the appropriate role for the Commission among the
    various government and industry entities that are involved in the
    creation of this system. In their comments, parties should also
    comment on the Commission's statutory authority to regulate such a
    system.

4.  The comments filed in response to the EAS Notice of Proposed
    Rulemaking (*EAS NPRM*) reveal a multitude of technical approaches
    to a digital alert and warning system, from specific approaches to
    individual technologies to broad approaches to architecture and
    protocol design. The Commission does not seek to duplicate that
    significant effort, but rather seeks comment on a representative
    group of issues. The issues on which comment is sought do not
    constitute an exclusive list. Parties can -- and should -- comment
    on any issues relevant to specific technologies that can aid the
    development of a next-generation alert and warning system.

5.  Specifically, the Commission seeks comment on the appropriate role
    for the Commission in developing system architecture and common
    protocols that could be used for message distribution across
    different platforms. The Commission also asks questions specific to
    particular technologies, such as how DTH and SDARS could deliver
    local alerts; how best to involve wireless providers; and whether
    traditional wireline telephone companies that become content
    providers should have an obligation to provide alerts. To ensure
    that the American public receives public alert and warning in an
    accurate and timely fashion from this next-generation system, the
    Commission seeks comment whether it will need to adopt performance
    standards and reporting requirements.

6.  The Commission also seeks comment regarding how it may, consistent
    with the *Order* adopted today, make EAS alerts more accessible to
    people with disabilities. The Commission is committed to ensuring
    that persons with disabilities have equal access to public warnings
    and are considered in emergency preparedness planning. The
    Commission notes that it previously sought comment on whether there
    are disparities in or conflicts between the EAS rules and the
    Commission's other disability access rules contained in section
    79.2, and if so, the manner in which such disparities or conflicts
    could be resolved in subsequent rules. The Commission notes comments
    filed on this issue, and asks whether it should revise the EAS rules
    to require all video programming distributors subject to the
    Commission's EAS rules to provide the same information in both the
    visual and aural versions of all EAS messages, instead of only the
    header code information that EAS participants now provide visually
    or the critical details of the emergency information as required by
    section 79.2. Further, the Commission asks whether the EAS rules
    should require EAS participants to provide an audio feed that
    duplicates any text portion of an EAS alert. Finally, the Commission
    seeks comment on how any next-generation, digitally-based alert and
    warning system can be developed in a manner that assures that
    persons with disabilities will be given equal access to alert and
    warning as other Americans.

7.  The Commission recognizes the historic and important role of states
    and localities in public safety matters, and the essential role of
    states and localities in public safety matters, and the essential
    role that state and local governments play in delivering alert and
    warning. Accordingly, the Commission seeks comment on how it can
    best work with the states to help implement the EAS rules adopted in
    the *Order* as well as to develop the next generation of alert and
    warning systems. In particular, the Commission notes that there is a
    vital connection between state and local alert and warning and
    Federal efforts to mitigate disasters. The Commission seeks comment
    on whether its rules should be revised to require that states notify
    the Commission of any changes in EAS participants' state EAS Local
    Area and/or EAS designation (PEP, LP1, LP2, SR, LR, etc.) within
    thirty days of such change, and in the absence of a change, a yearly
    confirmation that all state EAS Local Area and EAS designations
    remain the same.

8.  On September 22, 2005, the Independent Spanish Broadcasters
    Association, the Office of Communication of the United Church of
    Christ, Inc., and the Minority Media and Telecommunications Council
    filed a Petition for Immediate Relief with the Commission proposing
    changes to the Commission's EAS rules to require stations to air EAS
    messages in other languages in addition to English. The Commission
    seeks comment on the issues raised in the petition and, for that
    purpose, incorporates the petition as well as the other pleadings
    filed in response to the petition into the record of this
    proceeding. The Commission seeks comment on how this proposal would
    be implemented, and seeks comment on any other proposals regarding
    how to best alert non-English speakers.

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B.  **Legal Basis**

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9.  Authority for the actions proposed in this *Further Notice* may be
    found in sections 1, 4(i), 4(o), 303(r), 403, 624(g) and 706 of the
    Communications Act of 1934, as amended, (Act) 47 U.S.C. §§ 151,
    154(i), 154(j), 154(o), 303(r), 544(g) and 606.

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

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10. 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.[^291] The RFA generally
    defines the term "small entity" as having the same meaning as the
    terms "small business," "small organization," and "small
    governmental jurisdiction."[^292] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^293] A "small business concern" is
    one which: (1) is independently owned and operated; (2) is not
    dominant in its field of operation; and (3) satisfies any additional
    criteria established by the Small Business Administration
    (SBA).[^294]

11. A small organization is generally "any not-for-profit enterprise
    which is independently owned and operated and is not dominant in its
    field."[^295] Nationwide, as of 2002, there were approximately 1.6
    million small organizations.[^296] 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."[^297] As of 1997, there
    were approximately 87,453 governmental jurisdictions in the United
    States.[^298] 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, we estimate 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.[^299]

12. *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.[^300]
    Business concerns included in this industry are those "primarily
    engaged in broadcasting images together with sound."[^301] 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. We note, however, that, in
    assessing whether a business concern qualifies as small under the
    above definition, business (control) affiliations[^302]must be
    included.[^303] Our estimate, therefore, likely overstates the
    number of small entities that might be affected by our 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).[^304] Given the nature of this
    service, we will presume that all LPTV licensees qualify as small
    entities under the SBA size standard.

13. *Radio Stations.* The proposed 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.[^305] A radio broadcasting station is an establishment
    primarily engaged in broadcasting aural programs by radio to the
    public.[^306] Included in this industry are commercial, religious,
    educational, and other radio stations.[^307] Radio broadcasting
    stations which primarily are engaged in radio broadcasting and which
    produce radio program materials are similarly included.[^308]
    However, radio stations that are separate establishments and are
    primarily engaged in producing radio program material are classified
    under another NAICS number.[^309] 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. We note,
    however, that many radio stations are affiliated with much larger
    corporations having much higher revenue. Our estimate, therefore,
    likely overstates the number of small entities that might be
    affected by our action.

14. *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.[^310] According to Census Bureau data
    for 1997, in this category there was a total of 1,311 firms that
    operated for the entire year.[^311] 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.[^312] 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.[^313]

15. *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.[^314] We have estimated that there were
    1,439 cable operators who qualified as small cable system operators
    at the end of 1995.[^315] 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.

16. *Cable System Operators (Telecom Act Standard)*. The Act 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."[^316] The
    Commission has determined that there are 67,700,000 subscribers in
    the United States.[^317] 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.[^318]
    Based on available data, the Commission estimates that the number of
    cable operators serving 677,000 subscribers or fewer, totals
    1,450.[^319] The Commission neither requests nor collects
    information on whether cable system operators are affiliated with
    entities whose gross annual revenues exceed \$250 million,[^320] 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 Act.

17. *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.[^321] This
    definition of small entity in the context of MDS auctions has been
    approved by the SBA.[^322] The Commission completed its MDS auction
    in March 1996 for authorizations in 493 basic trading areas. Of 67
    winning bidders, 61 qualified as small entities. At this time, we
    estimate that of the 61 small business MDS auction winners, 48
    remain small business licensees.

18. 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.[^323] This definition includes
    MDS and thus applies to MDS licensees that did not participate in
    the MDS auction. Information available to us indicates that there
    are approximately 392 incumbent MDS licensees that do not generate
    revenue in excess of \$11 million annually. Therefore, we estimate
    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.[^324]

19. *Instructional Television Fixed Service*. The established rules
    would also apply to Instructional Television Fixed Service (ITFS)
    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.[^325] 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.[^326] However, we do not collect
    annual revenue data for ITFS licensees, and are not able to
    ascertain how many of the 100 non-educational licensees would be
    categorized as small under the SBA definition. Thus, we tentatively
    conclude that at least 1,932 are small businesses and may be
    affected by the established rules.

20. *Wireless Service Providers*. The SBA has developed a small business
    size standard for wireless small businesses within the two separate
    categories of Paging[^327] and Cellular and Other Wireless
    Telecommunications. [^328] Under both SBA categories, a wireless
    business is small if it has 1,500 or fewer employees. According to
    Commission data,[^329] 1,012 companies reported that they were
    engaged in the provision of wireless service. Of these 1,012
    companies, an estimated 829 have 1,500 or fewer employees and 183
    have more than 1,500 employees. This SBA size standard also applies
    to wireless telephony. Wireless telephony includes cellular,
    personal communications services, and specialized mobile radio
    telephony carriers. According to the data, 437 carriers reported
    that they were engaged in the provision of wireless telephony.[^330]
    We have estimated that 260 of these are small businesses under the
    SBA small business size standard.

21. *Broadband Personal Communications Service*. The broadband personal
    communications services (PCS) spectrum is divided into six frequency
    blocks designated A through F, and the Commission has held auctions
    for each block. The Commission has created a small business size
    standard for Blocks C and F as an entity that has average gross
    revenues of less than \$40 million in the three previous calendar
    years.[^331] For Block F, an additional small business size standard
    for "very small business" was added and is defined as an entity
    that, together with its affiliates, has average gross revenues of
    not more than \$15 million for the preceding three calendar
    years.[^332] These small business size standards, in the context of
    broadband PCS auctions, have been approved by the SBA.[^333] No
    small businesses within the SBA-approved small business size
    standards bid successfully for licenses in Blocks A and B. There
    were 90 winning bidders that qualified as small entities in the
    Block C auctions. A total of 93 "small" and "very small" business
    bidders won approximately 40 percent of the 1,479 licenses for
    Blocks D, E, and F.[^334] On March 23, 1999, the Commission
    reauctioned 155 C, D, E, and F Block licenses; there were 113 small
    business winning bidders.[^335] On January 26, 2001, the Commission
    completed the auction of 422 C and F Broadband PCS licenses in
    Auction No. 35. Of the 35 winning bidders in this auction, 29
    qualified as "small" or "very small" businesses.[^336] Subsequent
    events, concerning Auction 35, including judicial and agency
    determinations, resulted in a total of 163 C and F Block licenses
    being available for grant.[^337]

22. *Incumbent Local Exchange Carriers (Incumbent LECs)*. We have
    included small incumbent local exchange carriers in this present
    IRFA analysis. As noted above, a "small business" under the RFA is
    one that, *inter alia*, meets the pertinent small business size
    standard (*e.g*., a telephone communications business having 1,500
    or fewer employees), and "is not dominant in its field of
    operation."[^338] The SBA's Office of Advocacy contends that, for
    RFA purposes, small incumbent LECs are not dominant in their field
    of operation because any such dominance is not "national" in
    scope.[^339] We have therefore included small incumbent local
    exchange carriers in this RFA analysis, although we emphasize that
    this RFA action has no effect on Commission analyses and
    determinations in other, non-RFA contexts. Neither the Commission
    nor the SBA has developed a small business size standard
    specifically for incumbent local exchange services. The appropriate
    size standard under SBA rules is for the category Wired
    Telecommunications Carriers. Under that size standard, such a
    business is small if it has 1,500 or fewer employees.[^340]
    According to Commission data,[^341] 1,303 carriers have reported
    that they are engaged in the provision of incumbent local exchange
    services. Of these 1,303 carriers, an estimated 1,020 have 1,500 or
    fewer employees and 283 have more than 1,500 employees.
    Consequently, the Commission estimates that most providers of
    incumbent local exchange service are small businesses that may be
    affected by our proposed rules.

23. *Competitive Local Exchange Carriers (Competitive LECs), Competitive
    Access Providers (CAPs), "Shared-Tenant Service Providers," and
    "Other Local Service Providers."* Neither the Commission nor the SBA
    has developed a small business size standard specifically for these
    service providers. The appropriate size standard under SBA rules is
    for the category Wired Telecommunications Carriers. Under that size
    standard, such a business is small if it has 1,500 or fewer
    employees.[^342] According to Commission data,[^343] 769 carriers
    have reported that they are engaged in the provision of either
    competitive access provider services or competitive local exchange
    carrier services. Of these 769 carriers, an estimated 676 have 1,500
    or fewer employees and 93 have more than 1,500 employees. In
    addition, 12 carriers have reported that they are "Shared-Tenant
    Service Providers," and all 12 are estimated to have 1.500 or fewer
    employees. In addition, 39 carriers have reported that they are
    "Other Local Service Providers." Of the 39, an estimated 38 have
    1,500 or fewer employees and one has more than 1,500 employees.
    Consequently, the Commission estimates that most providers of
    competitive local exchange service, competitive access providers,
    "Shared-Tenant Service Providers," and "Other Local Service
    Providers" are small entities that may be affected by our proposed
    rules.

24. *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 million
    or less in average annual receipts.[^344] 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.[^345] 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.

25. 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."[^346] 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.

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D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements**

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26. There are potential reporting or recordkeeping requirements proposed
    in this *Further Notice*, particularly with regard to state and
    local EAS participation and participation by digital broadcasters.
    For example, the Commission is considering whether to adopt
    performance standards and reporting obligations for EAS
    participants.[^347] The proposals set forth in this *Further Notice*
    are intended to advance our public safety mission and enhance the
    performance of the EAS while reducing regulatory burdens wherever
    possible.

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E.  **Steps Taken to Minimize the Significant Economic Impact on Small
    Entities, and Significant Alternatives Considered**

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27. 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."[^348]

28. The *EAS NPRM* invited comments on a number of alternatives to the
    imposition of EAS obligations on the digital communications
    technologies. The Commission has considered each of those comments
    and in today's *Order* imposes minimal regulation on small entities
    to the extent consistent with our goal of advancing our public
    safety mission by adopting rules that expand the reach of EAS. We
    believe that requiring DTV, DAB, digital cable, DBS and SDARS
    providers to install and use EAS equipment will not impose undue
    regulatory or financial burdens.

29. This *Further Notice* seeks additional comment to help expedite the
    development of a robust, state-of-the-art, digitally-based public
    alert and warning system, and to further minimize the impact on
    small entities. In particular, we seek comment on how DTH and SDARS
    could deliver local alerts; how best to involve wireless providers;
    and how the Commission can best work with the states to help
    implement the EAS rules adopted in today's *Order* as well as to
    develop the next generation of alert and warning systems. We note
    that we sought specific comment concerning possible alternatives in
    our approach toward small entities in the context of making EAS
    accessible to persons with disabilities.[^349]

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F.  **Federal Rules that May Duplicate, Overlap, or Conflict with the
    Proposed Rules**

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30. None.

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

*Re: Review of the Emergency Alert System,* First Report and Order and
Further Notice of Proposed Rulemaking, EB Docket No. 04-296

Today, we take the important step of applying the emergency alert system
(EAS) rules to digital media. We also continue our work to improve upon
the current system.

Congress has charged the Commission with promoting the safety of life
and property through the use of wire and radio communication. To fulfill
this important directive, the Commission has developed EAS, a national
warning system. While this system performs a critical function in
ensuring public safety, it was developed in 1994 and relies on the
delivery of alerts and warnings through analog radio and television
broadcast stations and cable systems. Today, however, a large and
growing percentage of television viewers and radio listeners receive
their programming from digital media. In this *Order*, we update our
rules to require the participation of digital television and radio,
digital cable, and satellite television and radio in EAS. This will
ensure that all television viewers and radio listeners have access to
national and/or regional public alerts and warnings in the event of an
emergency.

Equally, if not more, important, is our continued work to develop a more
comprehensive and more robust alert system. Hurricane Katrina (and
Hurricanes Rita and Wilma) have only served to emphasize the need for a
comprehensive and robust alert system that allows officials at the
national, state and local levels to reach affected citizens in the most
effective and efficient manner possible. This system should have
built-in redundancy features. Among other things, it should incorporate
the internet, which was designed by the military to be robust and
contains network redundancy functionalities. The system also should take
advantage of advances in technology that enable officials to reach large
numbers of people simultaneously through a variety of communications
media. Our work in this area is of the utmost importance. I look forward
to working with my fellow Commissioners to develop a public alert and
warning system that is wide-reaching and furthers the Commission's core
mission of promoting public safety through a robust communications
system.

**STATEMENT OF**

**COMMISSIONER KATHLEEN Q. ABERNATHY**

*Re: Review of Emergency Alert System (EB Docket No. 04-296)*

In the world we live in today, telecommunications is the vital link that
keeps us in touch with each other and with what is going on around us.
Unfortunately, the world we live in today has come to be a very
dangerous place. Therefore, it is critically important for
telecommunications to serve as a reliable instant messenger of news and
information that we and our families need to protect ourselves in sudden
emergencies.

The Order and Further Notice we adopt today help assure that kind of
reliability. By expanding the Commission's Emergency Alert System
requirements to the new generation of digital communications services
that American families increasingly rely on \-- digital broadcast radio
and TV, digital cable, and direct-to-home satellite TV and radio
services \-- the Order advances the goal of getting lifesaving
information out to those who need it. And the Further Notice looks to
added ways of guaranteeing that *no* American lacks access to emergency
information, that *all* technologies are appropriately tasked to help
safeguard our people, and that *any* state governor wishing to do so can
activate EAS warnings for disasters impacting people in one or more
states.

These are excellent outcomes, and I thank the Chairman and the staff who
worked so diligently to develop this item and present it to us today. I
also express thanks to those in the telecommunications industry who came
forward proactively with proposals on how other technologies can
contribute to a seamless digital emergency alert system. These issues
are discussed in the Further Notice and I look forward to receiving
public comment on them.

Given the complexity of telecom regulation, many of the items the
Commission votes on have to be broken down and translated to understand
the good things expected to come from them. This item isn't one of them:
its benefits will be real and tangible, helping to protect our safety
and well-being when we are most in peril. For this reason, I fully
support it and vote to approve it.

STATEMENT OF

COMMISSIONER MICHAEL J. COPPS

*Re:* *Review of the Emergency Alert System*

This Order paves the way for bringing our warning system into the
digital era. There is every reason to make this a priority, from the
threat of more terrorism to the continuing ravages of nature that we
have endured this summer. So I am pleased that we are moving to expand
EAS into the new digital technologies that so many Americans are using.

Surely it is also time to explore a more comprehensive EAS system.
People today use communications devices to receive information in so
many ways \-- wireline, wireless, radio and television broadcasting,
satellite, cable, IP technologies, and others. To make our warning
systems and information dissemination as effective as possible, we need
to figure out how to integrate these diverse technologies.

While the Further Notice is rather brief, I hope everyone will realize
the many questions that need to be addressed as we bring the EAS into
the Twenty-first century. For example, we need to make sure that *all*
Americans receive emergency information, including those with
disabilities and those whose primary fluency is in a language other than
English. In the recent hurricanes, tens of thousands of residents whose
primary language is not English lacked access to the information and
warnings that others were receiving. We need to solve this problem.

Secondly, we need to realize that although EAS is a national system, it
also affords state and local authorities the capability to provide
emergency information on everything from weather emergencies to Amber
alerts that save abducted children. So we need to decide who exactly,
and at what level, can activate this system. And does it make sense that
employment of the system remains voluntary in most instances?

So there is a lot to do to complete this proceeding. And we do not have
the luxury of time in these efforts---terrorists and hurricanes don't
wait on us. These are critical questions that are integral to our public
safety and homeland security efforts. I look forward to working on this
with my colleagues and with our new Bureau which I hope will be up and
running soon.

**SEPARATE STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: In the Matter of Review of the Emergency Alert System, EB Docket
No. 04-296.*

Not only does Section One of the Communications Act of 1934 make the
Commission responsible for promoting the "safety of life and property
through the use of wire and radio communication," it also charges the
Commission with making communications available "to all the people of
the United States, without discrimination on the basis of race, color,
religion, national origin, or sex." In this item, we take a few
important steps toward satisfying these important statutory obligations,
but there remains some heavy lifting to do very soon.

I am pleased to support this item, as it expands the obligation to
transmit Presidential-level emergency messages from analog broadcast and
cable to include new distribution platforms -- digital broadcast and
cable, and satellite radio and television. Equally important, this item
encourages the voluntary transmission of multilingual emergency
information in areas where a significant proportion of the population
has its primary fluency in a language other than English. Until the
Commission has had an opportunity to examine this issue more fully, I
strongly encourage all EAS participants to provide this important public
safety service.

We cannot overemphasize the importance of disseminating emergency
information in multiple languages. In New Orleans alone, it is estimated
that there were more than 50,000 Spanish-speaking residents, and the
only Spanish language station in the area was off-air before Hurricane
Katrina even reached city limits. It stayed off the air for the next
seven days. While all Gulf Coast broadcasters performed admirably --
with great personal sacrifice -- to provide news coverage to millions of
households, some non-English speaking households may have been left in
complete darkness. As set forth in Section 1 of the Communications Act,
we have an obligation to address this problem.

We must find ways to ensure that all households have access to emergency
warnings and alerts in a language they understand and that EAS meets the
needs of individuals with hearing and vision disabilities. All of us at
the Commission should closely review and consider the comments of
interested parties, and engage broadcasters, minority and disability
groups in a constructive dialogue with the goal of achieving a sensible
consensus on multilingual emergency alert information and disability
access.

In the past four years, this nation has experienced several disasters --
Hurricanes Katrina and Rita, the East Coast blackout and, of course, the
September 11^th^ terrorist attacks. Noticeably unused during all of
these disasters was the activation of EAS --- an alert system intended
to deliver Presidential-level messages only.

While these recent disasters have focused attention on ways to improve
our national system, clearly, we also need to focus attention on the
ability of state governments to access EAS facilities to transmit
emergency information, warnings and alerts. So it's critical that we're
seeking comment on whether we should require EAS participants to
transmit all EAS messages issued by the Governor of the state in which
they provide services. Additionally, I am pleased we are seeking comment
on how best to coordinate with state and local governments to help
implement the expanded EAS rules we adopt today.

A final highlight is our request for comment on the integration of new
technologies, primarily wireless devices such as cell phones, pagers,
and PDA's, into our current emergency response system. We seek comment,
for example, on the benefits and limitations of the delivery of
emergency alert messages through text-based messaging delivered by SMS
or cell broadcast. While these technologies would complement, rather
than replace, the current EAS, we should pay careful attention to
practical implications for underserved and rural communities. We should
also consider alternative wireless technologies such as a proposal to
take advantage of an existing wireless public alert service provided by
the National Oceanic and Atmospheric Administration (NOAA).

We are acting on this issue with the urgency it deserves. Just last
week, the Senate Commerce Committee approved legislation -- the Warning,
Alert, and Response Network (WARN) Act -- to create an enhanced
emergency alert system. The WARN Act would finance the creation of an
All Hazards Alert System to deliver emergency warnings and alerts across
a variety of devices, including mobile phones and Blackberry devices.
While the National Program Office would be established within NOAA, the
FCC along with National Institute of Standards and Technology and the
Federal Emergency Management Agency would form a working group to
develop this new, enhanced alert system and to prepare guidelines for
the technical capabilities of the system. The Act would also give
governors access to broadcast a message in their respective States.

I am pleased to support our decision to expand EAS to require, not just
analog broadcast and cable, but also digital broadcast and satellite
radio and television, to transmit national emergency warnings and
alerts. The heavy lifting will come when we consider multilingual
emergency information dissemination, greater disability access,
coordination with state and local governments, and the integration of
new wireless technologies into EAS. I thank the Chairman for his
leadership on this matter, and I look forward to working with him and
all of my colleagues on these and other EAS-related issues as quickly as
possible.

[^1]: *See* 47 U.S.C. § 151.

[^2]: The respective roles of the Commission, FEMA, and NWS are based on
    a 1981 Memorandum of Understanding, s*ee* *State and Local Emergency
    Broadcasting System* (EBS) *Memorandum of Understanding Among the
    Federal Emergency Management Agency* (FEMA)*, Federal Communications
    Commission* (Commission)*, and the National Oceanic and Atmospheric
    Administration* (NOAA) (Approved by National Industry Advisory
    Committee (NIAC) on April 21, 1982), a 1984 Executive Order,
    *Assignment of National Security and Emergency Preparedness
    Telecommunications Functions*, Exec. Order No. 12,472, 49 Fed. Reg.
    13,471 (1984), and a 1995 Presidential Statement of Requirements,
    *see Presidential Communications with the General Public During
    Periods of National Emergency,* The White House (September 15,
    1995).

[^3]: For purposes of this Order and our Part 11 rules only, the term
    "digital cable systems\" is defined 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.

[^4]: *See* *Review of the Emergency Alert System*, Notice of Proposed
    Rulemaking, EB Docket No. 04-296, 19 FCC Rcd 15775 (2004) (*EAS
    NPRM*). Further, we recognize the importance of the issue raised in
    the *EAS NPRM* of whether participation in state and local EAS
    activations should remain voluntary, particularly in light of
    Hurricane Katrina, which highlighted the need for effective public
    alert and warning. Resolution of this issue will require
    coordination with our Federal and State partners, and will also be
    the subject of a subsequent order.

[^5]: *See infra* Appendix C.

[^6]: *See infra* Appendix C..

[^7]: *See infra* Appendix C.

[^8]: *See infra* Appendix C.

[^9]: *Providing for Emergency Control Over Certain Government and
    Non-Government Stations Engaged in Radio Communication or Radio
    Transmission of Energy*, Exec. Order No. 10,312, 51 Fed. Reg. 14,769
    (1951). *See also EAS NPRM*, 19 FCC Rcd at 15776-78, paras. 6-8.

[^10]: *Assigning Emergency Preparedness Functions to the Federal
    Communications Commission*, Exec. Order No. 11,092, 63 Fed. Reg.
    2216 (1963).

[^11]: *See Amendment of Part 73, Subpart G, of the Commission's Rules
    Regarding the Emergency Broadcast System,* Second Report and Order,
    FO Docket No. 91-301, FO Docket No. 91-171, 12 FCC Rcd 15503 (1997)
    (*Second Report and Order*).

[^12]: *See supra* n.Error: Reference source not found.

[^13]: 47 U.S.C. §§ 151 (stating that the Commission was created for the
    purposes of, *inter alia*, national defense and promoting safety of
    life and property through the use of wire and radio communication),
    154(i) and (o) (providing a general grant of authority to perform
    any and all acts, make such rules and regulations, and issue such
    orders, not inconsistent with the Act, as may be necessary in the
    execution of the Commission's functions; and providing the
    Commission with authority to investigate, study, and propose best
    methods to resolve any and all problems preventing the maximum
    effective use of radio and wire communications in connection with
    safety of life and property), 303(r) (generally granting rulemaking
    authority to the Commission), 606 (granting specific,
    communications-related powers to the President in time of war or
    national emergency; in such event, the President may, for example,
    take control of, or suspend or amend the rules and regulations
    applicable to, any or all cable and radio and television broadcast
    stations within the Commission\'s jurisdiction).

[^14]: *See supra* n.Error: Reference source not found.

[^15]: The Stafford Act authorizes the President to make provisions for
    emergency preparedness communications and dissemination of warnings
    to governmental authorities and the civilian population in areas
    endangered by disasters. Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C.
    § 5121, *et. seq*.

[^16]: 47 C.F.R. § 11.44(a).

[^17]: 47 C.F.R. § 11.55(a); *see also Amendment of Part 11 of the
    Commission's Rules Regarding the Emergency Alert System*, Report and
    Order, EB Docket No. 01-66, 17 FCC Rcd 4055, 4057, para. 3 (2002)
    (*2002 Report and Order*); *Amendment of Part 73, Subpart G, of the
    Commission's Rules Regarding the Emergency Broadcast System,* Report
    and Order and Further Notice of Proposed Rulemaking, FO Docket
    91-301, FO Docket 91-171, 10 FCC Rcd 1786, 1809, para. 66 (1994)
    (*First Report and Order*), *reconsideration granted in part, denied
    in part*, 10 FCC Rcd 11494 (1995).

[^18]: All broadcast stations and cable systems have EAS designations
    that describe their functions within EAS. *See* 47 C.F.R. § 11.18.

[^19]: 47 C.F.R. § 11.14.

[^20]: *See* 47 C.F.R. § 11.51(k) (stating that broadcast stations and
    cable systems and wireless cable systems 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
    and stating that these EAS messages must be retransmitted unchanged
    except for the identification of the broadcast station, cable
    system, wireless cable system, or other entity retransmitting the
    message). Section 11.31(a)(3) states that the EAS message may be
    audio, video or text and Section 11.31(c) sets out a representation
    of the EAS protocol, including the message format which includes
    \"transmission of audio, video or text messages.\" 47 C.F.R.
    § 11.31(a)(3), 11.31(c); *see also* 47 C.F.R. §§ 11.11 (requiring
    that all EAS participants use the common EAS protocol defined in
    section 11.11).

[^21]: The State Relay Network is composed of State Relay sources,
    leased common carrier communications facilities, or any other
    available communication facilities. In addition to EAS monitoring,
    satellites, microwave, FM subcarrier, or any other communications
    technology may be used to distribute state emergency messages. *See*
    47 C.F.R. § 11.20.

[^22]: 47 C.F.R. § 11.18(d).

[^23]: 47 C.F.R. § 11.18(b).

[^24]: 47 C.F.R. § 11.31.

[^25]: 47 C.F.R. § 11.31(a).

[^26]: 47 C.F.R. §§ 11.33(a)(4), 11.51(k)(1), 11.54.

[^27]: *See generally EAS NPRM*, 19 FCC Rcd 15775.

[^28]: Testimony of Michael D. Brown, Under Secretary of Homeland
    Security for Emergency Preparedness and Response, Federal Emergency
    Management Agency, House of Representatives, Committee on
    Appropriations, Subcommittee on Homeland Security, March 9, 2005 and
    Testimony of Reynold N. Hoover, Director, Office of National
    Security Coordination, FEMA, Department of Homeland Security,
    All-Hazards Alert Systems, Senate Committee on Commerce, Science and
    Transportation, Subcommittee on Disaster Prevention and Prediction,
    July 27, 2005.

[^29]: Testimony of John M. Lawson, President and CEO, Association of
    Public Television Stations (APTS), Senate Hearing, July 27, 2005.

[^30]: Information on CAP *available at*
    http://www.incident.com/cookbook/index.php/CAP_Fact_Sheet (last
    visited Aug. 11, 2005).

[^31]: Reverse 911 is a term that describes a calling system that places
    calls generated by a public safety call center to a specific
    audience.

[^32]: Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L.
    No. 108-458, 118 Stat. 3638 (2004) (to be codified at scattered
    sections U.S.C.). Information regarding pending federal legislation
    related to emergency alert and warning (i.e. Tsunami Preparedness
    Act, S. 50, 109^th^ Cong (2005)) can be found in the CRS Report for
    Congress. *See* Linda K. Moore and Shawn Reese, *Emergency
    Communications: The Emergency Alert System (EAS) and All-Hazard
    Warnings*, Congressional Research Service, The Library of Congress,
    CRS Report for Congress, at CRS-9-12 (updated Sept. 2, 2005),
    *available at*
    http://www.uscongress.com/section/pdf/CRSRL32527_9_11.pdf (last
    visited Sept. 21, 2005).

[^33]: *Id*., § 7502(a).

[^34]: *See e.g.*, Contra Costa County Community Warning System (Contra
    Costa County) Comments at 10; Dr. Peter L. Ward (Dr. Ward) Comments
    at 4; Developers --- Sage Alerting Systems ENDEC, Gerald LeBow and
    Harold Price (Developers) Comments at 8-9; Jefferson Pilot
    Communications Company (Jefferson Pilot) Comments at 1.

[^35]: The Further Notice also seeks comment on wireless-related issues
    and whether participation in state and local EAS activations should
    remain voluntary.

[^36]: In the Telecommunications Act of 1996, Congress provided that
    initial eligibility for any advanced television licenses issued by
    the Commission should be limited to existing broadcasters,
    conditioned on the eventual return of either the current 6 MHz
    channel or the new digital channel. 47 U.S.C. § 336; Pub. L. No.
    104-104, 110 Stat. 56 (1996).

[^37]: DTV refers to any technology that uses digital techniques to
    provide advanced television services such as high definition TV,
    multiple standard definition TV and other advanced features and
    services. *See* *Advanced Television Systems and Their Impact upon
    the Existing Television Broadcast Service*, Sixth Further Notice of
    Proposed Rulemaking, MM Docket No. 87-268, 11 FCC Rcd 10968, 10970
    n.1 (1996).

[^38]: Approximately 88.5% of the authorized DTV channels are
    operational and on the air. *DTV Stations Authorized to Be on the
    Air*, Video Division, Media Bureau, Federal Communications
    Commission, (July 18, 2005) *available at*
    <http://www.fcc.gov/mb/video/files/dtvonairsum.html>.

[^39]: *Advanced Television Systems and Their Impact upon the Existing
    Television Broadcast Service*, Fifth Report and Order, MM Docket No.
    87-268, 12 FCC Rcd 12809, 12843-44, paras. 82-86 (1997) (*DTV Fifth
    Report and Order*).

[^40]: 47 U.S.C. § 309(j)(14). As of September 20, 2005, no such
    extension requests have been filed. Congress has recently been
    considering proposed legislation that would establish a date certain
    for the transition end date. *See, e.g.,* Spectrum Availability for
    Emergency-Response and Law Enforcement to Improve Vital Emergency
    Service Act, S. 1268, 109^th^ Cong. (2005); *DTV Transition Act of
    2005: Hearing on a Staff Discussion Draft Before the Subcomm. on
    Telecomm. & the Internet, House Comm. on Energy and Commerce*,
    109^th^ Cong. (2005), *available at*
    http://energycommerce.house.gov/108/Hearings/05262005hearing1533/hearing.htm.

[^41]: *See, e.g.,* 47 C.F.R. §§ 73.622**-**625.

[^42]: At that time, DTV was referred to as High Definition Television
    or HDTV.

[^43]: *First Report and Order*, 10 FCC Rcd at 1786, 1811. TV stations
    were not operating digitally at the time and therefore were not a
    necessary link in disseminating emergency information.

[^44]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 29.

[^45]: *Id*.

[^46]: We note that APTS has initiated a "Datacasting" project whereby
    EAS and other emergency notifications can be carried on the digital
    television bit stream. *See* Jeffrey Davis et al., *Public Digital
    Television: Improving Homeland Security*, APTS (June 2003),
    *available at* <http://www.apts.org/html/homeland/hswhitepaper.pdf>.

[^47]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 30. "Force tuning"
    technology allows a provider to switch subscribers from any
    programmed channel or stream to a specific channel or stream that
    will carry EAS messages.

[^48]: This includes broadcasters of digital low power television and
    digital Class A television.

[^49]: *See infra* Appendix B, 47 C.F.R. § 11.54(b).

[^50]: *See infra* Appendix B, 47 C.F.R. § 11.55(a) and (c).

[^51]: *See, e.g*., 47 C.F.R. §§ 11.35(a), 11.61.

[^52]: *See* 47 U.S.C. § 336; *see also* *DTV Fifth Report and Order*,
    12 FCC Rcd at 12810-11, para. 2.

[^53]: National Association of Broadcasters and Association for Maximum
    Service TV, Inc. (NAB/MSTV) Comments at 18-19.

[^54]: *See Second Report and Order,* 12 FCC Rcd at 15793, para. 38 (in
    extending EAS requirements to wireless cable providers, explaining
    that "\[w\]e believe it is important to provide emergency
    information to as many people as possible through different means of
    delivery and that including a wide variety of multichannel video
    providers such as wireless cable could provide important safety
    information to viewers.").

[^55]: Entergy Nuclear Northeast, Michael J. Slobodien (Entergy)
    Comments at 2-3; NAB/MSTV Comments at 16-17; North Carolina
    Association of Broadcasters (NCAB) Comments at 13; Developers
    Comments at 8-9; Liberty Corporation (Liberty) Comments at 3;
    Society of Broadcast Engineers, Inc. (SBE) Comments at 19-20; Thomas
    A. Newell, Facilities Engineer (Newell) Comments at 4.

[^56]: *See infra* Appendix B, 47 C.F.R. § 11.51(c). This requirement
    applies only to program streams and not to data streams.

[^57]: Cox Broadcasting, Inc. (Cox) Comments at 7-8 (agreeing that DTV
    providers should have the ability to provide EAS information in
    their program streams, but not in the data streams); Developers
    Comments at 8-9; Gary E. Timm, Chair, Wisconsin SECC (Timm) Comments
    at 6; Hearst-Argyle Television, Inc. (Hearst-Argyle) Comments at 6;
    Liberty Comments at 3; NCAB Comments at 13; Ohio Association of
    Broadcasters (OAS) Comments at 14-15; Rehabilitation Engineering
    Research Center on Telecommunications Access (RERC) Comments at 5-6;
    Consumer Electronics Association (CEA) Reply Comments at 9; SBE
    Reply Comments at 5 (asserting that EAS messages should be provided
    in program data streams but not in their auxiliary data streams).
    []{.mark}

[^58]: Rehabilitation Engineering Research Center on Mobile Wireless
    Technologies (RERC Wireless) Comments at 8.

[^59]: Ohio Emergency Management Agency (Ohio EMA) Comments at 3.

[^60]: NAB/MSTV Comments at 16-17.

[^61]: Harris Corporation contends that, although software changes may
    be required for the forced display of graphics and the forced-change
    of program streams, such changes are not significant. Harris
    Corporation (Harris) Comments at 5-6.

[^62]: We agree with the commenters who argue that force tuning should
    not be required. Hearst-Argyle Comments at 6; OAS Comments at 14-15.

[^63]: Section 624(g) of the Cable Television Consumer Protection and
    Competition Act of 1992, Pub. L. No. 102-385, § 16(b), 106 Stat.
    1460, 1490 (1992), codified at 47 U.S.C. § 544.

[^64]: *First Report and* Order, 10 FCC Rcd at 1788, para. 1.

[^65]: *Id.* at 1806-07, paras. 58-59.

[^66]: *See Second Report and Order*, 12 FCC Rcd at 15504, para. 1. For
    purposes of the EAS rules, a "wireless cable system" is a collection
    of Multipoint Distribution Service, Multichannel Multipoint
    Distribution Service or Instructional Television Fixed Service
    channels used to provide video programming and other one-way and
    two-way communications services to subscribers. The channels may be
    licensed to or leased by wireless cable system operators. *See* 47
    C.F.R. § 11.11(c)(1).

[^67]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 29.

[^68]: *Id.* at paras. 29-30.

[^69]: Jade Clayton, McGraw-Hill Telecom Dictionary 183 (2d ed. 2000).

[^70]: *See infra* Appendix C.

[^71]: The signal is provided to the subscriber in digital format at the
    input of Unidirectional Digital Cable Product or other navigation
    device.

[^72]: *See infra* Appendix B, 47 C.F.R. § 11.54(b).

[^73]: *See infra* Appendix B, 47 C.F.R. § 11.55(a) and (c)(4).

[^74]: H.R. Rep. No. 102-628, H.R. Rep. No. 628, 102nd Cong., 2d Session
    1992, at 110.

[^75]: *See* 47 U.S.C. § 151.

[^76]: *See, e.g.,* Entergy Comments at 2-3, FEMA, Director, Office of
    Nat'l Security Coordination (FEMA) Comments at 2, Partnership for
    Public Warning (PPW) Comments at 19, SBE Comments at 19.

[^77]: SBE Comments at 19.

[^78]: *Id*.

[^79]: PPW Comments at 19.

[^80]: *Id*.

[^81]: *See, e.g.,* Ohio EMA Comments at 3 (indicating that the force
    tuning of receivers is a viable EAS option if technology allows such
    an alternative).

[^82]: The Plug-and-Play Agreement is a Memorandum of Understanding
    (\"MOU\") between representatives of the cable television and
    consumer electronics industries that details a comprehensive
    agreement on a cable compatibility standard for integrated,
    unidirectional digital cable television receivers, as well as other
    unidirectional digital cable products. This agreement was
    essentially adopted by the Commission. *See Implementation of
    Section 304 of the Telecommunications Act of 1996,* Second Report
    and Order and Second Further Notice of Proposed Rulemaking, PP
    Docket No. 00-67, 18 FCC Rcd 20885 (2003). We await a similar
    agreement on Two-Way Plug-and-Play.

[^83]: *See* ANSI/SCTE 54 2003: "Digital Video Service Multiplex and
    Transport System Standard for Cable Television." Section 15.38 of
    our rules specifically mentions this standard. *See* 47 C.F.R.
    § 15.38. ANSI/SCTE 54 2003 specifies that emergency alert
    information transmitted shall conform to ANSI-J-STD-042-2002:
    "Emergency Alert Message for Cable" (also known as SCTE 18 2002).

[^84]: *See infra* Appendix B, 47 C.F.R. § 11.51(g).

[^85]: *Digital Audio Broadcasting Systems and Their Impact on the
    Terrestrial Radio Broadcast Service*, First Report and Order, MM
    Docket No. 99-325, 17 FCC Rcd 19990 (2002) (*DAB R&O*).

[^86]: *See DAB R&O,* 17 FCC Rcd at 20004-05, para. 41.

[^87]: *See also Digital Audio Broadcasting Systems and Their Impact on
    the Terrestrial Radio Broadcast Service*, Further Notice of Proposed
    Rulemaking and Notice of Inquiry, MM Docket No. 99-325, 19 FCC Rcd
    7505, 7506, 7519, paras. 1, 37-38 (2004) (*DAB FNPRM*). The
    Commission's statutory authority for implementing rules regarding
    DAB is derived from, *inter alia*, Sections 1, 4, 303, and 307 of
    the Communications Act. 47 U.S.C. §§ 151, 154, 303, and 307.

[^88]: These data services are able to transmit information such as
    station, song and artist identification, stock and news updates, and
    local traffic and weather bulletins.

[^89]: *See DAB FNPRM*, 19 FCC Rcd at 7506, para. 2.

[^90]: IBOC technology transmits the digital signals using orthogonal
    frequency division multiplexing.

[^91]: Existing analog radios continue to receive analog broadcast
    signals.

[^92]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 29. *See also DAB FNPRM*,
    19 FCC Rcd at 7519, paras. 37-38.

[^93]: This includes digital low power FM broadcasters.

[^94]: *See, e.g.*, Developers Comments at 3, 7-8; Harris Comments at 6;
    NAB/MSTV Comments at 17-18, 37; Larry A. Estlack (Estlack) Comments
    at 4; Ohio EMA Comments at 3; SBE Comments at 19, 21; Timm Comments
    at 6-7; Primary Entry Point Advisory Committee, Inc., (PEPAC)
    Comments at 4; RERC Wireless Comments at 8; WTOP-AM, (WTOP-FM) and
    WXTR-AM (WTOP/WXTR) Comments at 10; *see also* National Association
    of Broadcasters Comments at 23-24 in MM Docket No. 99-325.

[^95]: *See infra* Appendix B, 47 C.F.R. § 11.54(b).

[^96]: *See infra* Appendix B, 47 C.F.R. § 11.55(a).

[^97]: *See infra* Appendix B, 47 C.F.R. § 11.55(a) and (c).

[^98]: *See infra* Appendix B, 47 C.F.R. § 11.51(c).

[^99]: *See* *DAB FNPRM*, 19 FCC Rcd at 7519, paras. 37-38. *See also
    Second Report and Order*, 12 FCC Rcd at 15522, para. 38.

[^100]: *See, e.g.,* Cox Comments at 7-8 (agreeing that digital radio
    should have the ability to provide EAS information in their program
    streams, but not in the data streams); Developers Comments at 8;
    Newell Comments at 4; Ohio EMA Comments at 3; SBE Comments at 19-21;
    Timm Comments at 6; WTOP/WXTR Comments at 10.

[^101]: *See* SBE Comments at 19-21; WTOP/WXTR Comments at 10.

[^102]: NAB/MSTV and National Public Radio assert that we should extend
    EAS obligations only to audio streams available free to the general
    public. *See, e.g.*, NAB/MSTV Comments at 17-18 (asserting that EAS
    information "may not be suitable" for supplementary services that
    deliver more focused programming or data or are only available to
    subscribers and "urg\[ing\] the Commission to require EAS
    functionality on secondary services intended for the general public,
    but at this time not to extend this requirement to other services");
    National Public Radio, June 16, 2004, Comments in MM Docket No.
    99-325 at 13 (agreeing that each free over the-air audio program
    service should participate in the emergency alert system). As EAS is
    being applied to other digital subscription services, we see no
    reason to defer this determination for DAB.

[^103]: In the *DAB FNPRM*, the Commission sought comment on the
    appropriate policies the Commission may adopt to encourage radio
    stations to convert from an analog-only radio service to a hybrid
    analog/digital radio service, and, eventually, to an all-digital
    radio service. *See DAB FNPRM*, 19 FCC Rcd at 7511-12, paras. 15-17.

[^104]: NAB/MSTV Comments at 17.

[^105]: National Public Radio June 16, 2004, Comments in Docket No.
    99-325, at 13.

[^106]: Although one such method could consist of transmitting the EAS
    message on one stream and force tuning all receivers to that stream,
    we decline to require this force tuning method as Harris Corporation
    requests. *See* Harris Comments at 6 (acknowledging that IBOC
    receivers currently do not have the ability to be force tuned, but
    asserting that manufacturers could make basic adjustments to
    receivers to enable force tuning); *see also* Ohio EMA Comments at 3
    (stating that force tuning of receivers is a viable EAS option, as
    technology allows for this to occur, but in the interim, EAS
    messages should be aired on all program streams); WTOP/WXTR Comments
    at 10 (noting that force tuning is one method of insuring that
    emergency messages reach the listening public and, while noting that
    there are technical details to be worked out, supporting it in
    principle).

[^107]: SBE Comments at 21-22.

[^108]: 47 C.F.R. § 25.201 (defining SDARS as "\[a\] radiocommunication
    service in which audio programming is digitally transmitted by one
    or more space stations directly to fixed, mobile, and/or portable
    stations, and which may involve complementary repeating terrestrial
    transmitters, telemetry, tracking and control facilities"). The
    Commission has not classified SDARS as either a broadcast or common
    carrier service under our rules. *Establishment of Rules and
    Policies for the Digital Audio Radio Satellite Service in the
    2310-2360 MHz Frequency Band*, Report and Order, Memorandum Opinion
    and Order and Further Notice of Proposed Rulemaking, IB Docket No.
    95-91, 12 FCC Rcd 5754, 5788-89, para. 84 (1997) (*SDARS Order*). At
    this time, SDARS licensees are not required to, and do not, serve
    Alaska or Hawaii. The Commission's statutory authority to regulate
    SDARS emanates primarily from Titles I and III of the Act. 47 U.S.C.
    §§ 151, *et seq.,* 301, *et seq.*

[^109]: *Satellite CD Radio, Inc. Application for Authority to
    Construct, Launch, and Operate Two Satellites in the Satellite
    Digital Audio Radio Service*, Order and Authorization, File Nos.
    71-SAT-AMEND-97, 49/50-DSS-P/LA-905, 58/59-DSS-AMEND-90,
    8/9-DSS-AMEND-92, 12/13-DSS-AMEND-92, 44/45-DSS-AMEND-92,
    42-SAT-AMEND-95, 71-SAT-AMEND-97, 13 FCC Rcd 7971 (1997) (*Sirius
    Authorization Order*), *modified sub nom*, *Sirius Satellite Radio
    Inc. for Minor Modification of License to Construct, Launch and
    Operate a Non-Geostationary Satellite Digital Audio Radio Service
    System*, Order and Authorization, File No. SAT-MOD-19981211-00099,
    16 FCC Rcd 5419 (2001).

[^110]: *American Mobile Radio Corporation Application for Authority to
    Construct, Launch and Operate Two Satellites in the Satellite
    Digital Audio Radio Service*, Order and Authorization, File Nos.
    72-SAT-AMEND-97, 10/11-DSS-P-9312/15/92, 26/27-DSS-LA-931/15/93,
    83/84-SAT-AMEND-953/10/95, 72-SAT-AMEND-97, 13 FCC Rcd 8829 (1997)
    (*XM Radio Authorization Order*).

[^111]: *See* Sirius Satellite Radio, Inc. Comments at 3 (Sirius
    Comments) ("Sirius cannot and does not broadcast programming on a
    local or regional basis; instead, all of Sirius' subscribers,
    regardless of location, receive precisely the same programming.");
    XM Radio Inc. Comments at 3-4 (XM Comments) ("As with all satellite
    radio programming, the traffic and weather information is
    simultaneously transmitted by XM's satellites and terrestrial
    repeaters directly to subscribers' receivers throughout XM's
    coverage area."). Although SDARS systems do utilize localized
    terrestrial transmitters to amplify their signal and fill gaps in
    satellite coverage, the authority for use of these terrestrial
    repeater networks is temporary, and SDARS operators are prohibited
    from originating programming at their terrestrial repeaters. *See
    Sirius Satellite Radio, Inc., Application for Special Temporary
    Authority to Operate Satellite Digital Audio Radio Service
    Complementary Terrestrial Repeaters*, Order and Authorization, File
    No. SAT-STA-20010724-00064, 16 FCC Rcd 16773, 16777, para. 11 (2001)
    (*Sirius STA Order*), *modified by*, Order, File No.
    SAT-STA-20010724-00064, 16 FCC Rcd 18481 (2001) (modifying, on the
    Commission's own motion, requirement that Sirius coordinate with WCS
    licensees to also include coordination with Multipoint Distribution
    Service and Instructional Television Fixed Service licensees); *XM
    Radio Inc., Application for Special Temporary Authority to Operate
    Satellite Digital Audio Radio Service Complementary Terrestrial
    Repeaters*, Order and Authorization, File No.
    SAT-STA-20010712-00063, 16 FCC Rcd 16781, 16784, para. 11 (2001),
    *modified by*, Order, File No. SAT-STA-200110712-00063, 16 FCC Rcd
    18481 (2001) (modifying, on the Commission's own motion, requirement
    that XM coordinate with WCS licensees to also include coordination
    with Multipoint Distribution Service and Instructional Television
    Fixed Service licensees).

[^112]: *See* Sirius Comments at 3; XM Comments at 3-4.

[^113]: *See generally First Report and Order*, 10 FCC Rcd 1786*.* *See
    generally* 47 C.F.R. § 11.11(e). ("Organizations that choose to
    voluntarily participate \[in the EAS\] must comply with the
    requirements \[set forth in Part 11\].").

[^114]: *EAS NPRM,* 19 FCC Rcd at 15786, para. 29.

[^115]: *Id.*

[^116]: *See* XM Comments at 4. In addition to weather related emergency
    information, XM also transmits Amber Alerts over its traffic and
    weather channels. *See* XM Comments at 5. These alerts include
    verbal delivery of critical information and a visual scroll of the
    alleged abductor's license plate number and other vital information,
    which appears on the LED screen of the subscriber's satellite radio
    receiver. *See id*.

[^117]: *See* XM Comments at 3, 5.

[^118]: *See* XM Comments at 5. We note that XM recently dedicated this
    channel to emergency information related to Hurricane Katrina.

[^119]: *See* XM Comments at 4, 9.

[^120]: *See* Sirius Comments at 3.

[^121]: *Id.* On August 14, 2003, an electrical power blackout affected
    approximately 50 million people in large portions of the
    northeastern and midwestern United States, as well as parts of
    Canada. *See, e.g.,* Washington Post, *Blackout 2003,* *available
    at*
    http://www.washingtonpost.com/wp-dyn/nation/specials/blackout2003
    (last visited Sept. 20, 2005) (compiling 2003 Washington Post news
    reports on the blackout).

[^122]: *See infra* Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(i),
    11.54(b).

[^123]: *See* Sirius Comments at 2-3 (explaining that once a national
    level alert is received, Sirius can commit all channels to relaying
    that alert); XM Comments at 8 (explaining that in the event that a
    Presidential Level alert is delivered, XM's headquarters and
    operations center is staffed 24 hours per day, 7 days per week, and
    is equipped with a manual switching device that can force every XM
    channel to the emergency audio alert delivered by the President or
    his designate).

[^124]: *See infra* Appendix B, 47 C.F.R. §§ 11.11(a), 11.35(a),
    11.51(i)(1), 11.52(d), 11.54(b)(1).

[^125]: *See* XM Comments at 8.

[^126]: We note that SDARS licensees are not required to provide traffic
    and weather channels. These new rules will apply only to those
    traffic and weather channels that they choose to offer.

[^127]: *See infra* Appendix B, 47 C.F.R. § 11.55(a)(2).

[^128]: *See* *infra* Appendix B, 47 C.F.R. § 11.61(a).

[^129]: *See* XM comments at 9.

[^130]: *See infra* Appendix B, 47 C.F.R. § 11.11(a).

[^131]: *See infra* Appendix C.

[^132]: *See e.g.* Jeff Leeds, *Venture to Put Live Shows On Internet
    And Radio*, N.Y. Times, July 13, 2005, at C4, *available at* 2005
    WLNR 10935780 (XM teaming with America Online to offer live concerts
    via Internet, satellite, wireless and other media); *Cell Phone
    Companies Seek Profit in Music Services*, Washington Post, July 2,
    2005, *available at* 2005 WLNR 10436405 (Sirius teaming with Sprint
    Corp. to offer commercial-free music and music video streams over
    mobile phones); Bloomberg News, *2 Automakers Reach Deals On
    Installing Satellite Radio*, N.Y. Times, Mar. 24, 2005, at C8,
    *available at* 2005 WLNR 4609972 (XM and Sirius teaming with various
    car manufacturers to include a satellite radio receiver as a
    standard or factory-installed option).

[^133]: *See* Sirius Comments at 2; XM Comments at 8, 11; Satellite
    Broadcasting and Communications Association (SBCA) Reply Comments at
    2.

[^134]: *See* Alaska Broadcasters Association and the State Emergency
    Communications Committee (ABA/ASECC) Comments at 1-2; Developers
    Comments at 3; Entergy Comments at 2-3; Estlack Comments at 4;
    Newell Comments at 4; SBE Comments at 20-21; Timm Comments at 7.

[^135]: *See* *supra* note Error: Reference source not found.

[^136]: *See* CEA Comments at 8-9 ("\[T\]he Commission's suggestions for
    mandatory standards on equipment would disserve the public interest.
    With technology ever more rapidly changing, only marketplace forces
    have the agility needed for manufacturers to adjust in a timely
    fashion to consumer needs and technological improvements.
    Particularly with regards to emergency alerts, FCC standards or
    other edicts are likely to be outmoded soon after adoption given
    that the rulemaking process often is longer than the life cycles of
    technologies."); XM Comments at 11-12; XM Reply Comments at 4.

[^137]: *See* SBCA Comments at 7 ("Satellite participation in national
    EAS would be possible, if somewhat difficult. Satellite
    participation in *state and local* EAS, however, is a far more
    daunting proposition.") (emphasis in original); Sirius Comments at
    3-4; XM Comments at 9-10.

[^138]: *See supra* para. 42.

[^139]: *See* Dr. Ward Comments at 4 (contending the primary needs to
    move into the digital future of warning are: (1) a national standard
    data format for warning information; (2) a national source of
    official warnings that can be relayed by industry with no liability
    for message content; and (3) a robust secure, multi-stranded network
    that can relay official inputs to all types of systems that can
    rebroadcast or address the warning information to those directly at
    risk); XM Comments at 10-11 ("To the extent that a single entity
    were established to collect and transmit all state and local EAS
    alerts . . . XM could explore providing state and local EAS alerts
    for" regions not covered by its 21 metropolitan area traffic and
    weather channels).

[^140]: *See* Sirius Comments at 5, n.13; XM Comments at 10-11.

[^141]: *See*, *e.g.*, SBCA Comments at 8; Sirius Comments at 3 ("Sirius
    cannot and does not broadcast programming on a local or regional
    basis..."); XM Comments at 10 (stating that with its extensive
    coverage area, satellite radio is fundamentally different than
    locally-based multichannel programming providers because the
    subscribers for these providers are all located in the vicinity of
    the emergency); SBCA Reply Comments at 3-4. Both current SDARS
    licensees implement a localized system of terrestrial repeaters, but
    XM and Sirius agree that it is infeasible to use those repeaters to
    transmit EAS alerts for both regulatory and technological reasons.
    *See* *Sirius STA Order*, 16 FCC Rcd at 16777, para. 11 (special
    temporary authority restricts the use of repeaters to the
    simultaneous retransmission of programming, in its entirety,
    transmitted by the satellite directly to SDARS subscriber's
    receivers). Sirius contends that it would need regulatory relief
    before it could use its terrestrial repeaters locally or regionally
    to preempt programming and deliver local or regional EAS alerts.
    Even if such regulatory relief were granted, Sirius contends it
    would have to deploy additional equipment in order to be able to use
    terrestrial repeaters to originate EAS alerts since Sirius'
    terrestrial repeaters are not technologically equipped to originate
    programming. Moreover, Sirius states that, because terrestrial
    repeaters are meant to address coverage gaps, Sirius' terrestrial
    repeater network does not cover the entire nation. Sirius Comments
    at 3. *See also* XM Comments at 2 (citing Commission temporary
    authority order granting XM use of terrestrial repeaters for the
    exclusive purpose of simultaneously retransmitting the programming
    delivered via XM's satellites); XM Reply Comments at 3 (agreeing
    with Sirius that use of terrestrial repeaters to transmit EAS alerts
    is infeasible for both regulatory and technological reasons).

[^142]: *See* Sirius Comments at 4 (Sirius proposes to distribute local
    and regional EAS messages by "pre-empt\[ing\] the relevant
    channel(s) normally used for local traffic and weather to transmit
    the authorized emergency information."); XM Comments at 9 (XM
    suggests "transmitting state and local EAS alerts to its subscribers
    on the Instant Traffic & Weather channel appropriate for the region
    in which the emergency occurs."); *see also* SBCA Reply Comments at
    3 (SBC argues that the dissemination of state and local EAS warnings
    on satellite radio should be limited to the distribution on the
    traffic and weather channels of each provider).

[^143]: XM Comments at n. 6 ("XM currently provides Instant Traffic &
    Weather channels for the following cities and their surrounding
    areas: Atlanta, GA; Baltimore, MD; Boston, MA; Chicago, IL;
    Dallas/Ft. Worth, TX; Detroit, MI; Houston, TX; Los Angeles, CA;
    Miami/Ft. Lauderdale, FL; Minneapolis/St. Paul, MN; New York, NY;
    Orlando, FL; Philadelphia, PA; Phoenix, AZ; Pittsburgh, PA; San
    Diego, CA; San Francisco Bay Area, CA; Seattle, WA; St. Louis, MO;
    Tampa, FL; Washington, DC."). Sirius has similar traffic and weather
    channels for 20 markets/regions. *See* Sirius Comments at 3.

[^144]: *See* Sirius Comments at 4.

[^145]: 47 U.S.C. § 303(v) ("Except as otherwise provided in this Act,
    the Commission from time to time, as public convenience, interest,
    or necessity requires shall... \[h\]ave exclusive jurisdiction to
    regulate the provision of DTH satellite services. As used in this
    subsection, the term \'direct-to-home satellite services\' means the
    distribution or broadcasting of programming or services by satellite
    directly to the subscriber\'s premises without the use of ground
    receiving or distribution equipment, except at the subscriber\'s
    premises or in the uplink process to the satellite.").

[^146]: 47 C.F.R. § 25.201 (defining DBS service as "\[a\]
    radiocommunication service in which signals transmitted or
    retransmitted by space stations, using frequencies specified in §
    25.202(a)(7), are intended for direct reception by the general
    public. For the purposes of this definition, the term direct
    reception shall encompass both individual reception and community
    reception.). *See also* 47 C.F.R. §§ 25.148 (Licensing provisions
    for the DBS Service), 25.202(a)(7) (listing frequencies available
    for use by the DBS service). Sections 25.148(f) and 25.215 of the
    Commission's rules address technical requirements for the DBS
    service and its space stations, respectively. *See* 47 C.F.R. §§
    25.148(f), 25.215.

[^147]: Our rules do not define HSD. The HSD service uses
    Fixed-Satellite Service (FSS) space stations, while the DBS service
    uses both DBS and FSS space stations. *See* 47 C.F.R. § 25.201
    (defining fixed satellite services as a radiocommunication service
    between earth stations at given positions, when one or more
    satellites are used; the given position may be a specified fixed
    point or any fixed point within specified areas; in some cases this
    service includes satellite-to-satellite links, which may also be
    operated in the inter-satellite service; the fixed-satellite service
    may also include feeder links of other space radiocommunication
    services). *See infra* note Error: Reference source not found for
    more information regarding HSD.

[^148]: 47 C.F.R. §§ 11.11(e) ("Organizations using other communications
    systems or technologies such as, Direct Broadcast Satellite
    (DBS)...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."), 11.43 ("Entities that wish to
    voluntarily participate in the national level EAS may submit a
    written request to the Director, Office of Homeland Security,
    Enforcement Bureau."), 11.47(b) ("Other technologies and public
    service providers, such as DBS...that wish to participate in the EAS
    may contact the FCC's Office of Homeland Security, Enforcement
    Bureau, or their State Emergency Communications Committee for
    information and guidance.").

[^149]: *See* *generally First Report and Order*, 10 FCC Rcd 1786.

[^150]: 47 C.F.R. § 25.701(a).

[^151]: *Id.*

[^152]: Under this approach, however, the DTH-FSS licensee will have the
    ability to delegate its responsibilities to such video programming
    distributors. Thus, compliance with EAS requirements may be
    established based upon a certification from a distributor that
    expressly states that the distributor has complied with the EAS
    obligations. Because we believe that it is appropriate for a DTH-FSS
    licensee to rely on the accuracy of certifications by program
    distributors offering DTH-FSS service, licensees will not be
    required to verify compliance by distributors unless there is
    evidence that the distributor has not met its obligation. If a
    satellite licensee has reason to believe that its customer-program
    distributor is not complying with these rules or has falsely
    certified compliance, the licensee should report the situation to
    the Commission for appropriate action. We believe that under this
    scheme, placing the ultimate compliance responsibility on the
    satellite licensees is not unduly burdensome, as certification
    requirements can be included in satellite carriage and leasing
    contracts. For reasons articulated in connection with use of a
    similar approach for DBS public interest obligations, we believe
    this approach will ensure implementation of EAS obligations without
    proving unduly burdensome. *Cf*. *Implementation of Section 25 of
    the Cable Television Consumer Protection and Competition Act of
    1992, Direct Broadcast Satellite Public Interest Obligations*,
    Report and Order, MM Docket 93-25, 13 FCC Rcd 23254, 23264, para. 25
    (1998), *reconsideration granted in part, denied in part*, 19 FCC
    Rcd 5647, 5650-54 (2004) (adopting a certification process for this
    purpose). We also note that some DBS providers are beginning to use
    the Ka band FSS to transmit video programming directly to consumers.
    Few consumers currently receive Ka band transmissions and most of
    the programming through Ka band FSS involves \"local-into-local\"
    broadcast television stations that are already required to
    participate in the EAS. Thus, we do not see any need to expand the
    definition of DBS provider to include the Ka band at this time.
    However, if it appears in the future that the Ka band is being used
    by DBS operators for programming other than local broadcast
    television signals, we will revisit this decision.

[^153]: Currently, DIRECTV, Inc. and DISH Network, a division of
    EchoStar Satellite, L.L.C., are two of the major providers of
    satellite television.

[^154]: *See infra* Appendix C.

[^155]: *Id*.

[^156]: *Id*.

[^157]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 29.

[^158]: A satellite carrier provides \"local-into-local\" satellite
    service when it retransmits a local television signal back into the
    local market of that television station for reception by
    subscribers. *See* 47 C.F.R. § 76.66(a)(6).

[^159]: *EAS NPRM*, 19 FCC Rcd at 15786, para. 29.

[^160]: *Id*.

[^161]: *Id*.

[^162]: *Id*.

[^163]: *See infra* Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(j),
    11.54(b)(2).

[^164]: DTH satellite service providers must ensure that their EAS
    equipment is fully compliant with Part 11, including sections
    dealing specifically with EAS equipment. *See infra* Appendix B, 47
    C.F.R. §§ 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c).

[^165]: *See infra* Appendix B, 47 C.F.R. §§ 11.35(a), 11.54(b)(1).

[^166]: *See infra* Appendix B, 47 C.F.R. § 11.61(a).

[^167]: *See generally* SBCA Comments (objecting to national, state, and
    local participation); EchoStar Satellite, LLC (EchoStar) Reply
    Comments (objecting to mandatory state and local participation);
    *DIRECTV Ex Parte Comments* at 2 (filed October 20, 2005) (stating
    that achieving the ability to deliver national EAS messages would
    require a substantial investment of time and money and noting that
    any obligation to carry EAS messages on a state or local basis would
    be highly problematic, assuming the technological and managerial
    challenges could actually be overcome).

[^168]: *See* SBCA Comments at 3, 4 (stating that "DBS operators could,
    with sufficient lead time, participate in the national EAS system,
    although in a manner that would look very different than the EAS
    message formats currently prescribed for cable operators and
    broadcasters. But that such participation would entail technical and
    operational difficulties -- including potential interference with
    more useful local broadcast EAS information.").

[^169]: *See* *DIRECTV Ex Parte Comments* at 2-3.

[^170]: ABA/ASECC Comments at 2; Charter Communications, Inc. (Charter)
    Comments at 10; Dan Rau (Rau) Comments at 11; Douglas S. Simar
    (Simar) Comments at 2; Developers Comments at 8-9; Entergy Comments
    at 2-3; Municipalities and Municipal Organizations (Municipalities)
    Comments at 2; NAB/MSTV Comments at 16-17; Newell Comments at 4;
    North Carolina State Emergency Communications Committee (NC SECC)
    Comments at 5; Ohio EMA Comments at 3; SBE Comments at 19-20; Timm
    Comments at 4, 6.

[^171]: *See* SBCA Comments at 2, 5; EchoStar Reply Comments at 4.

[^172]: *See infra* Appendix C.

[^173]: As noted above (*see supra*, Section III.C), Congress explained,
    in legislative history enacting section 624(g) of the Cable Act, ".
    . . \[t\]he Committee believes that emergency information should be
    accessible to all television viewers, regardless of the distribution
    medium in use. The Committee believes that it is appropriate for
    cable operators to participate in EBS because cable television has
    become the predominant model of distribution of video programming
    for American households." H.R. Rep. No. 102-628-, H.R. Rep. No. 628,
    102d Cong., 2d Sess. 1992, at 110. Since the Cable Act of 1992, DTH
    satellite service has joined cable to become one of the predominant
    methods of distribution of video programming to American households.

[^174]: *See infra* Appendix B, 47 C.F.R. § 11.55(a)(1).

[^175]: Section 338 of the Act requires satellite carriers to carry,
    upon request, all local television broadcast stations\' signals in
    local markets in which the satellite carrier carries at least one
    local television broadcast signal pursuant to the statutory
    copyright license. *See* 47 U.S.C. § 338. Section 338 was adopted as
    part of the Satellite Home Viewer Improvement Act of 1999 (SHVIA).
    Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov.
    29, 1999). Under the Commission\'s broadcast signal carriage rules,
    each satellite carrier providing local-into-local service pursuant
    to the statutory copyright license is generally obligated to carry
    any qualified local television station in the particular designated
    market area (DMA) that has made a timely election for mandatory
    carriage, unless the station\'s programming is duplicative of the
    programming of another station carried by the carrier in the DMA.
    *See* 47 C.F.R. § 76.66; *see also Implementation of Section 207 of
    The Satellite Home Viewer Extension And Reauthorization Act Of 2004,
    Reciprocal Bargaining Obligation*, MB Docket No. 05-89, FCC 05-119
    (rel. Jun. 7, 2005); *Implementation of Section 207 of The Satellite
    Home Viewer Improvement Act Of* *1999*, *Broadcast Signal Carriage
    Issues, Retransmission Consent Issues*, 16 FCC Rcd 1918, 1934 (2000)
    (*DBS Mandatory Carriage Report and Order*) (adopting satellite
    carriage rules), *recon*., 16 FCC Rcd 16544 (2001) (*DBS Mandatory
    Carriage Reconsideration Order*) (affirming and clarifying satellite
    carriage rules). A DMA is a geographic area that describes each
    television market exclusive of others, based on measured viewing
    patterns. *See* 17 U.S.C. § 122(j)(2)(A)-(C).

[^176]: *See infra* Appendix B, 47 C.F.R. § 11.55(a)(2). []{.mark}

[^177]: *See* SBCA Comments at 3, EchoStar Reply Comments at 2-4,
    *DIRECTV Ex Parte Comments* at 2.

[^178]: *See* Ohio EMA Comments at 3 (urging the Commission to allow
    ample time for the migration of new set-top technology and to
    propose an interim solution to providers until upgrades can be
    accomplished).

[^179]: *See infra* Appendix B, 47 C.F.R. § 11.51(j)(3).

[^180]: SBCA Comments at 5 (noting that DBS providers pass through all
    EAS information as part of their local-into-local retransmissions
    and stating that, therefore, the Commission could limit DBS
    participation in EAS activations to dissemination of alerts on
    nationally distributed channels such as ESPN or HGTV).

[^181]: *See DIRECTV Ex Parte Comments* at 2. DIRECTV makes this
    estimate "assuming, of course, that a companion system is devised to
    deliver the national EAS message to DBS operators." As noted above,
    DBS providers must locate equipment capable of encoding and decoding
    the EAS protocol and generating and detecting all EAS codes and must
    also monitor two EAS sources.

[^182]: *See infra* Appendix B, 47 C.F.R. § 11.11(a).

[^183]: *See infra* Appendix B, 47 C.F.R. § 11.61.

[^184]: *See* Ohio EMA Comments at 3, 5 (asserting that DBS providers
    should be required to participate in EAS and that all EAS
    participants should be subject to the same testing requirements at
    the national, state, and local levels); SBE Comments at 20
    (asserting that DBS providers should conduct national testing on a
    periodic basis).

[^185]: *See infra* Appendix B, 47 C.F.R. § 11.61(a)(1)(ii).

[^186]: *Id*.

[^187]: *Id*.

[^188]: *See infra* Appendix B, 47 C.F.R. § 11.61(a)(2)(ii).

[^189]: *See infra* Appendix C.

[^190]: Satellite television signals receivable by HSD receivers include
    both non-encrypted, free-to-air signals, and encrypted signals that
    require a receiver with an authorized decryption device to receive
    them. Many HSD antennas are capable of being pointed to all of the
    satellites that are above the horizon at the user's location. These
    satellites are operated by a number of FCC space station licensees
    that sell or lease satellite transponders to the various programmers
    providing the signals. The free-to-air program providers include
    such national providers as Bloomberg TV, C-SPAN, Fox News Channel,
    CNBC, NASA TV, and Voice of America. These national providers are
    not necessarily FCC licensees, as they may obtain satellite uplink
    facility services and transponder services from other entities.
    Other free-to-air providers include a number of local broadcast
    stations that will transmit the national EAS message and the
    regional and local EAS messages for their area. The free-to-air
    providers have no way of knowing the locations of all of the HSD
    viewers that may be watching their programming at any given time,
    and therefore could not be expected to transmit regional and local
    messages appropriate to all of their viewers.

[^191]: Section 11.41 is amended by deleting the last sentence \"They
    should contact the FCC to ensure that they are on the FCC EAS
    mailing list.\" We no longer maintain a mailing list.

[^192]: *See infra* Appendix B, 47 C.F.R. § 11.41(c).

[^193]: *See infra* Appendix B, 47 C.F.R. § 11.52(b).

[^194]: *See* 47 C.F.R. § 11.53(c).

[^195]: *See infra* Appendix B, 47 C.F.R. § 11.53(c).

[^196]: *See infra* Appendix B, 47 C.F.R. § 11.54(b)(13); *see also* 47
    C.F.R. § 76.1711.

[^197]: *See e.g*., Liberty Comments at 1.

[^198]: WTOP/WXTR Comments at 9-10.

[^199]: *See e.g.*, Cox Comments at 2-3 (current EAS infrastructure is a
    product of years of development and provides an excellent framework
    for transmitting EAS alerts to the pubic. The current system should
    be improved while taking advantage of technological advances).

[^200]: Association of Public Television Stations (APTS) Comments at
    5-6.

[^201]: National Center for Missing & Exploited Children (NCMEC)
    Comments at 11.

[^202]: LogicaCMG plc (LogicaCMG) Comments at 15; NAB/MSTV Comments at
    15-16; National Association of State Chief Information Officers
    (NASCIO) Comments at 3-4; RERC Comments at 9; SWN Communications,
    Inc. (SWN) Comments at 2; Timm Comments at 7; Trilithic, Inc.
    (Trilithic) Comments at 4; Cellular Emergency Alert Systems
    Association (CEASA) Reply Comments at 3-4.

[^203]: SWN Comments at 2.

[^204]: Sirius Comments at 3; XM Comments at 12; Echostar Reply Comments
    at 1-4.

[^205]: *See, e.g.,* LogicaCMG Comments at 2, 7-8.

[^206]: *See, e.g.,* Cellular Telecommunications & Internet Association
    (CTIA) Comments at 5, 8.

[^207]: *See* Verizon News Release*, Verizon FiOS TV Will Offer a New
    Customer Experience, Seidenberg Says* (April 18, 2005).

[^208]: Linda K. Moore and Shawn Reese, *Emergency Communications: The
    Emergency Alert System (EAS) and All-Hazard Warnings*, Congressional
    Research Service, The Library of Congress, CRS Report for Congress,
    at CRS-9-12 (updated Sept. 2, 2005), *available at*
    http://www.uscongress.com/section/pdf/CRSRL32527_9_11.pdf (last
    visited Sept. 21, 2005).

[^209]: *EAS NPRM*, 19 FCC Rcd at 15784, para. 25.

[^210]: *Summary Health Statistics for U.S. Adults: National Health
    Interview Survey 2002*, U.S. Department of Health and Human
    Services, Centers for Disease Control and Prevention, National
    Center for Health Statistics, *available at*
    http://www.cdc.gov/nchs/fastats/disable.htm.

[^211]: *EAS NPRM*, 19 FCC Rcd at 15790, para. 38.

[^212]: 47 C.F.R. §§ 11.54(b)(5)-(6), 11.55(c)(4). *See also* 47 C.F.R.
    § 73.1250(h) ("...\[W\]hen an emergency operation is being conducted
    under a national, State or Local Area Emergency Alert System (EAS)
    plan, emergency information shall be transmitted both aurally and
    visually unless only the EAS codes are transmitted as specified in §
    11.51(b) of this chapter."). If organizations using other
    communications systems or technologies choose to participate in
    national, state, or local EAS activations, they must comply with the
    Commission's EAS rules, including the rules requiring that EAS
    warnings be provided in both aural and visual formats. *See* 47
    C.F.R. § 11.11(e).

[^213]: 47 C.F.R. § 11.51(d), (g)(3), (h)(3); *see also* 47 C.F.R.
    § 11.31(c) (providing the elements of the EAS header code). The
    Emergency Alert System Handbooks for television broadcasters and
    cable systems state that these entities must visually and aurally
    transmit header code data.

[^214]: 47 C.F.R. §§ 11.31(a), 11.51(a). The modulation levels for the
    audio Attention Signal must comply with the aural signal
    requirements in Section 76.605 of the Commission's rules. 47 C.F.R.
    § 11.51 (g)(1), (h)(1); *see generally* 47 C.F.R. § 76.605.

[^215]: *See* 47 C.F.R. § 79.1(a)(2) (defining "video programming
    distributors," as "\[a\]ny television broadcast station licensed by
    the Commission and any multichannel video programming distributor as
    defined in § 76.1000(e) of this chapter, and any other distributor
    of video programming for residential reception that delivers such
    programming directly to the home and is subject to the jurisdiction
    of the Commission"). *See also* 47 C.F.R. § 76.1000(e) (defining
    "multichannel video programming distributor" as "an entity engaged
    in the business of making available for purchase, by subscribers or
    customers, multiple channels of video programming. Such entities
    include, but are not limited to, a cable operator, a multichannel
    multipoint distribution service, a direct broadcast satellite
    service, a television receive-only satellite program distributor,
    and a satellite master antenna television system operator, as well
    as buying groups or agents of all such entities").

[^216]: 47 C.F.R. § 79.2(b)(1)(i); *see also* 47 C.F.R. § 79.1(a)(4)
    (defining closed captioning as the "visual display of the audio
    portion of video programming"). Several proceedings have further
    clarified captioning and other methods of visual presentation, using
    examples including, but not limited to, open captioning, crawls,
    scrolls, maps, signs, charts, or handwritten information contained
    on a white board. *See Amendment of Part 73 of the Rules to
    Establish Requirements for Captioning of Emergency Messages on
    Television*, Report and Order, Docket No. 20659, 61 FCC 2d 18,
    paras. 9, 11, Appendix B (1976) (*1976 Order*) (visual presentations
    include, but are not limited to, slides containing manual methods
    such as hand printing or mechanical printing processes, or
    electronic captioning); *Closed Captioning and Video Description of
    Video Programming, Implementation of Section 305 of the
    Telecommunications Act of 1996, Video Programming Accessibility*,
    Report and Order, MM Docket No. 95-176, 13 FCC Rcd 3272 (1997)
    (*Closed Captioning Report and Order*) (adopting closed captioning
    rules codified in section 79.1), *recon.,* 13 FCC Rcd 19973 (1998)
    (*Closed Captioning Reconsideration Order*); *Closed Captioning and
    Video Description of Video Programming, Implementation of Section
    305 of the Telecommunications Act of 1996, Accessibility of
    Emergency Programming*, Second Report and Order, MM Docket No.
    95-176, 15 FCC Rcd 6615 (2000) (*Closed Captioning Second Report and
    Order*) (adopting rule codified in section 79.2 requiring emergency
    information be made accessible to persons with hearing
    disabilities). *See also* *Waterman Broadcasting Corp. of Florida,
    Inc., Licensee of WBBH-TV, Fort Myers-Naples, FL, Montclair
    Communications, Inc., Licensee of WZVN-TV, Fort Myers-Naples, FL,*
    Notice of Apparent Liability for Forfeiture, DA 05-2258, para. 4
    (rel. Aug. 9, 2005); *McGraw-Hill Broadcasting Company, Inc.,
    Licensee of KGTV, San Diego, CA*, Notice of Apparent Liability for
    Forfeiture, 20 FCC Rcd 3981, 3983, para. 6 (2005) (*McGraw-Hill
    NAL*).

[^217]: 47 C.F.R. § 79.2(b)(1)(ii); *see also Implementation of Video
    Description of Video Programming*, Report and Order, MM Docket No.
    99-339, 15 FCC Rcd 15230, 15250-51, para. 50 (2000) (*Video
    Description Report and Order*) (extending section 79.2 to include
    provision that emergency information must be made accessible to
    persons with visual disabilities and adopting video description
    rules), *modified by,* Memorandum Opinion and Order on
    Reconsideration, 16 FCC Rcd 1251 (2001), (modifying video
    description rules contained in section 79.3), *vacated in part and
    reversed in part by*, *Motion Picture Association of America v.
    FCC*, 309 F.3d 796, 798-99 (D.C. Cir. 2002) (holding that the
    Commission's video description rules significantly implicated
    program content beyond the Commission's statutory authority),
    *rehearing and rehearing in banc denied* (D.C. Cir. 2003). Although
    the video description rules contained in section 79.3 have been
    vacated, video programming distributors are still required, under
    section 79.2(b)(1), to make emergency information accessible to
    persons with visual disabilities. *See* 47 C.F.R. § 79.2(b)(1).
    Section 713 of the Act defines "video description" as "the insertion
    of audio narrated descriptions of a television program's key visual
    elements into natural pauses between the program's dialogue." 47
    U.S.C. § 613(g). Video programming distributors may use this
    definition as guidance in meeting the requirements of section
    79.2(b)(1)(ii). *See* 47 C.F.R. § 79.2(b)(1)(ii). For example, if a
    map is displayed on the screen, the video programming distributor
    must provide an aural description of the geographic location
    encompassed by the map and any areas highlighted on the map in order
    to make the information accessible to persons with visual
    disabilities. In addition, emergency information provided in the
    video portion of programming that is not a regularly scheduled
    newscast, or a newscast that interrupts regular programming, such as
    a "crawl" or "scroll," must be accompanied by an aural tone to alert
    persons with vision disabilities that they should tune to another
    source, such as a radio, for more information. *See* 47 C.F.R. §
    79.2(b)(1)(iii); *see also Video Description Report and Order*, 15
    FCC Rcd at 15251, para. 51.

[^218]: Emergency situations in which the broadcasting of information is
    considered as furthering the safety of life and property include,
    but are not limited to, the following: tornadoes, hurricanes,
    floods, tidal waves, earthquakes, icing conditions, heavy snows,
    widespread fires, discharge of toxic gasses, widespread power
    failures, industrial explosions, civil disorders, school closings
    and changes in school bus schedules resulting from such conditions,
    and warnings and watches of impending changes in weather. *See* 47
    C.F.R. §§ 73.1250(a), 79.2(a)(2).

[^219]: *See* New Hampshire State Emergency Communications Committee (NH
    SECC) Comments at 6; Ohio EMA Comments at 4; SBE Reply Comments at 1
    (arguing that there is a great disconnect between the generic
    information displayed on the crawl and the information contained in
    the audio portion of the EAS message).

[^220]: *See* SBE Reply Comments at 1.

[^221]: Video programming distributors that are EAS participants
    include, but are not limited to, broadcast television stations,
    cable systems, wireless cable systems and, as addressed in this
    Order, digital cable systems, DTV broadcasters and DBS providers.

[^222]: Closed captions are visual text displays that are hidden in the
    video signal. Viewers can access closed captions through their
    remote control or on-screen menu or through a special decoder. *See*
    47 C.F.R. § 79.1(a)(4) (defining closed captioning). By contrast,
    access to open captions is not controlled by the viewer. Open
    captions are an integral part of the television picture, like
    subtitles in a movie. *See Closed Captioning Second Report and
    Order*, 15 FCC Rcd at 6618, n.19 (describing open captions). Crawls
    refers to text that advances very slowly across the bottom or top of
    the screen. Scrolls are displayed text or graphics that move up and
    down the screen.

[^223]: *Id.*

[^224]: We note that, as of January 1, 2006, all video programming
    distributors will be required to close caption 100 percent of new
    programming, subject to certain exceptions. *See* 47 C.F.R. §§
    79.1(b)(1), (b)(3), (d)-(f); *see also* 47 U.S.C. § 613.

[^225]: 47 C.F.R. §§11.54(b)(7), 11.55(c)(4).

[^226]: *EAS NPRM*, 19 FCC Rcd at 15790, para. 40.

[^227]: Petition for Immediate Interim Relief filed by Independent
    Spanish Broadcasters Association, the Office of Communications of
    the United Church of Christ, Inc., and the Minority Media and
    Telecommunications Council filed September 22, 2005.

[^228]: *See e.g.*, Comments in Response to Petition for Immediate
    Interim Relief, filed by National Association of Broadcasters on
    October 4, 2005; Reply Comments of Consumers Union filed October 20,
    2005.

[^229]: 47 C.F.R. §§ 1.200 *et seq*.

[^230]: *See* 47 C.F.R. § 1.1206(b)(2).

[^231]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^232]: *See* *Review of the Emergency Alert System*, Notice of Proposed
    Rulemaking, EB Docket No. 04-296, 19 FCC Rcd 15775, Appendix A
    (2004) (*EAS NPRM*).

[^233]: 5 U.S.C. § 604(a)(3).

[^234]: 5 U.S.C. § 601(6).

[^235]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register." 5 U.S.C. § 601(3).

[^236]: 15 U.S.C. § 632.

[^237]: 5 U.S.C. § 601(4).

[^238]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^239]: 5 U.S.C. § 601(5).

[^240]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^241]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, 40
    (Jul. 2002).

[^242]: 13 C.F.R. § 121.201, North American Industry Classification
    System (NAICS) code 515120.

[^243]: Office of Management and Budget, North American Industry
    Classification System: United States, 1997, at 509 (1997). This
    category description continues, "These establishments operate
    television broadcasting studios and facilities for the programming
    and transmission of programs to the public. These establishments
    also produce or transmit visual programming to affiliated broadcast
    television stations, which in turn broadcast the programs to the
    public on a predetermined schedule. Programming may originate in
    their own studios, from an affiliated network, or from external
    sources." Separate census categories pertain to businesses primarily
    engaged in producing programming. *Id*. at 502-05, NAICS code
    512120, Motion Picture and Video Production; NAICS code 512120,
    Motion Picture and Video Distribution; NAICS code 512191,
    Teleproduction and Other Post-Production Services; and NAICS code
    512199, Other Motion Picture and Video Industries.

[^244]: "Concerns are affiliates of each other when one concern controls
    or has the power to control the other or a third party or parties
    controls or has to power to control both." 13 C.F.R. §
    121.103(a)(1).

[^245]: "SBA counts the receipts or employees of the concern whose size
    is at issue and those of all its domestic concern's size." 13 C.F.R.
    § 121.103(a)(4).

[^246]: *Broadcast Station Totals as of September 30, 2002*, FCC News
    Release (rel. Nov. 6, 2002).

[^247]: *See* [13 C.F.R. §
    121.201](http://web2.westlaw.com/find/default.wl?DB=1000547&DocName=13CFRS121.201&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.09),
    NAICS code 515112 (changed from 513112 in October 2002).

[^248]: *Id*.

[^249]: *Id*.

[^250]: *Id*.

[^251]: *Id*.

[^252]: 13 C.F.R. § 121.201, NAICS code 517510 (formerly 513220).

[^253]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, *Establishment and Firm Size (including Legal Form of
    Organization)*, Table 4, NAICS code 513220 (issued Oct. 2000).

[^254]: *Id*.

[^255]: *See* U.S. Census Bureau, 2002 Economic Census, Industry Series:
    "Information," Table 2, Comparative Statistics for the United States
    (1997 NAICS Basis): 2002 and 1997, NAICS code 513220 (issued Nov.
    2004). The preliminary data indicate that the total number of
    "establishments" increased from 4,185 to 6,118. In this context, the
    number of establishments is a less helpful indicator of small
    business prevalence than is the number of "firms," because the
    latter number takes into account the concept of common ownership or
    control. The more helpful 2002 census data on firms, including
    employment and receipts numbers, will be issued in late 2005.

[^256]: 47 C.F.R. § 76.901(e). The Commission developed this definition
    based on its determination that a small cable system operator is one
    with annual revenues of \$100 million or less. *Implementation of
    Sections of the 1992 Cable Act: Rate Regulation*, Sixth Report and
    Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995),
    60 FR 10534 (February 27, 1995).

[^257]: Paul Kagan Associates, Inc., Cable TV Investor, February 29,
    1996 (based on figures for December 30, 1995).

[^258]: 47 U.S.C. § 543(m)(2).

[^259]: *See* *FCC Announces New Subscriber Count for the Definition of
    Small Cable Operator*, Public Notice, DA 01-158, 16 FCC Rcd 2225
    (Jan. 24, 2001).

[^260]: 47 C.F.R. § 76.901(f).

[^261]: *See* FCC Announces New Subscriber Count for the Definition of
    Small Cable Operators, Public Notice, DA 01-158, 16 FCC Rcd 2225
    (rel. Jan. 24, 2001).

[^262]: The Commission does receive such information on a case-by-case
    basis if a cable operator appeals a local franchise authority's
    finding that the operator does not qualify as a small cable operator
    pursuant to section 76.901(f) of the Commission's rules. *See* 47
    C.F.R. § 76.909(b).

[^263]: 47 C.F.R. § 21.961(b)(1).

[^264]: *See Amendment of Parts 21 and 74 of the Commission's Rules With
    Regard to Filing Procedures in the Multipoint Distribution Service
    and in the Instructional Television Fixed Service and Implementation
    of Section 309(j) of the Communications Act -- Competitive Bidding*,
    MM Docket No. 94-131 and PP Docket No. 93-253, Report and Order, 10
    FCC Rcd 9589 (1995).

[^265]: 13 C.F.R. § 121.201, NAICS code 515210.

[^266]: *See supra* note Error: Reference source not found.

[^267]: 13 C.F.R. § 121.201, NAICS code 515210.

[^268]: 5 U.S.C. § 601(3).

[^269]: 13 C.F.R. § 121.201, NAICS codes 517410 and 517910.

[^270]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, *Establishment and Firm Size (Including Legal Form of
    Organization)*, Table 4, NAICS code 513340 (issued Oct. 2000).

[^271]: Office of Management and Budget, North American Industry
    Classification System, 513 (1997) (NAICS code 513390, changed to
    517910 in Oct. 2002).

[^272]: *See supra* *Order* at para. 21.

[^273]: *Id*. at para. 23.

[^274]: *Id* at para. 30.

[^275]: *Id*. at para. 32.

[^276]: *Id*. at para. 36.

[^277]: *Id*.

[^278]: *Id*. at para. 43.

[^279]: *Id.* at para. 53.

[^280]: *See* 47 C.F.R. § 25.701(a). For purposes of this *Order* we use
    the definition of DBS providers set forth in this section of our
    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. *See* 47 C.F.R. § 25.701(a).

[^281]: *See* SBCA Comments at 3-4 (stating that "DBS operators could,
    with sufficient lead time, participate in the national EAS system,
    although in a manner that would look very different than the EAS
    message formats currently prescribed for cable operators and
    broadcasters. But that such participation would entail technical and
    operational difficulties -- including potential interference with
    more useful local broadcast EAS information.").

[^282]: *DIRECTV Ex Parte Comments* at 2-3.

[^283]: *See supra* Appendix B, 47 C.F.R. § 11.55(a)(2).

[^284]: 5 U.S.C. § 603(c)(1) -- (c)(4).

[^285]: *See EAS NPRM*, 19 FCC Rcd at 15776, para. 4.

[^286]: *See* 5 U.S.C. § 801(a)(1)(A).

[^287]: *See* 5 U.S.C. § 604(b).

[^288]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^289]: *See* 5 U.S.C. § 603(a).

[^290]: *Id.*

[^291]: 5 U.S.C. § 604(a)(3).

[^292]: 5 U.S.C. § 601(6).

[^293]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register." 5 U.S.C. § 601(3).

[^294]: 15 U.S.C. § 632.

[^295]: 5 U.S.C. § 601(4).

[^296]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^297]: 5 U.S.C. § 601(5).

[^298]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^299]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, 40
    (Jul. 2002).

[^300]: 13 C.F.R. § 121.201, North American Industry Classification
    System (NAICS) code 515120.

[^301]: Office of Management and Budget, North American Industry
    Classification System: United States, at 509 (1997). This category
    description continues, "These establishments operate television
    broadcasting studios and facilities for the programming and
    transmission of programs to the public. These establishments also
    produce or transmit visual programming to affiliated broadcast
    television stations, which in turn broadcast the programs to the
    public on a predetermined schedule. Programming may originate in
    their own studios, from an affiliated network, or from external
    sources." Separate census categories pertain to businesses primarily
    engaged in producing programming. *Id*. at 502-05, NAICS code
    512120, Motion Picture and Video Production; NAICS code 512120,
    Motion Picture and Video Distribution; NAICS code 512191,
    Teleproduction and Other Post-Production Services; and NAICS code
    512199, Other Motion Picture and Video Industries.

[^302]: "Concerns are affiliates of each other when one concern controls
    or has the power to control the other or a third party or parties
    controls or has to power to control both." 13 C.F.R. §
    121.103(a)(1).

[^303]: "SBA counts the receipts or employees of the concern whose size
    is at issue and those of all its domestic concern's size." 13 C.F.R.
    § 121.103(a)(4).

[^304]: *Broadcast Station Totals as of September 30, 2002,* FCC News
    Release (rel. Nov. 6, 2002).

[^305]: *See* [13 C.F.R. §
    121.201](http://web2.westlaw.com/find/default.wl?DB=1000547&DocName=13CFRS121.201&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.09),
    NAICS code 515112 (changed from 513112 in Oct. 2002).

[^306]: *Id*.

[^307]: *Id*.

[^308]: *Id*.

[^309]: *Id*.

[^310]: 13 C.F.R. § 121.201, NAICS code 517510 (formerly 513220).

[^311]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, *Establishment and Firm Size (including Legal Form of
    Organization)*, Table 4, NAICS code 513220 (issued Oct. 2000).

[^312]: *Id*.

[^313]: *See* U.S. Census Bureau, 2002 Economic Census, Industry Series:
    Information, Table 2, Comparative Statistics for the United States
    (1997 NAICS Basis): 2002 and 1997, NAICS code 513220 (issued Nov.
    2004). The preliminary data indicate that the total number of
    "establishments" increased from 4,185 to 6,118. In this context, the
    number of establishments is a less helpful indicator of small
    business prevalence than is the number of "firms," because the
    latter number takes into account the concept of common ownership or
    control. The more helpful 2002 census data on firms, including
    employment and receipts numbers, will be issued in late 2005.

[^314]: 47 C.F.R. § 76.901(e). The Commission developed this definition
    based on its determination that a small cable system operator is one
    with annual revenues of \$100 million or less. *Implementation of
    Sections of the 1992 Cable Act: Rate Regulation*, Sixth Report and
    Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995),
    60 FR 10534 (February 27, 1995).

[^315]: Paul Kagan Associates, Inc., Cable TV Investor, February 29,
    1996 (based on figures for December 30, 1995).

[^316]: 47 U.S.C. § 543(m)(2).

[^317]: *See* *FCC Announces New Subscriber Count for the Definition of
    Small Cable Operator*, Public Notice, DA 01-158, 16 FCC Rcd 2225
    (rel. Jan. 24, 2001).

[^318]: 47 C.F.R. § 76.901(f).

[^319]: *See* *FCC Announces New Subscriber Count for the Definition of
    Small Cable Operators*, Public Notice, DA 01-158, 16 FCC Rcd 2225
    (rel. Jan. 24, 2001).

[^320]: The Commission does receive such information on a case-by-case
    basis if a cable operator appeals a local franchise authority's
    finding that the operator does not qualify as a small cable operator
    pursuant to section 76.901(f) of the Commission's rules. *See* 47
    C.F.R. § 76.909(b).

[^321]: 47 C.F.R. § 21.961(b)(1).

[^322]: *See Amendment of Parts 21 and 74 of the Commission's Rules With
    Regard to Filing Procedures in the Multipoint Distribution Service
    and in the Instructional Television Fixed Service and Implementation
    of Section 309(j) of the Communications Act -- Competitive Bidding*,
    MM Docket No. 94-131 and PP Docket No. 93-253, Report and Order, 10
    FCC Rcd 9589 (1995).

[^323]: 13 C.F.R. § 121.201, NAICS code 515210.

[^324]: *See supra* note Error: Reference source not found.

[^325]: 13 C.F.R. § 121.201, NAICS code 515210.

[^326]: 5 U.S.C. § 601(3).

[^327]: 13 C.F.R. § 121.201, NAICS code 517211.

[^328]: 13 C.F.R. § 121.201, NAICS code 517212.

[^329]: FCC, Wireline Competition Bureau, Industry Analysis and
    Technology Division, Trends in Telephone Service at Table 5.3 (June
    2005) (*Trends in Telephone Service*). This source uses data that
    are current as of October 1, 2004.

[^330]: *Id*. Table 5.3, page 5-5.

[^331]: *See* *Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap*, Report and Order, 11 FCC Rcd 7824, 7850-52,
    paras. 57-60 (1996) (*Broadband PCS Report and Order*); *see also*
    47 C.F.R. § 24.720(b).

[^332]: *See* *Broadband PCS Report and Order*, 11 FCC Rcd at 7852,
    para. 60.

[^333]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, Federal
    Communications Commission, from Aida Alvarez, Administrator, Small
    Business Administration, dated December 2, 1998.

[^334]: FCC News, *Broadband PCS, D, E and F Block Auction Closes*, No.
    71744 (rel. Jan. 14, 1997).

[^335]: *See* *C, D, E, and F Block Broadband PCS Auction Closes*,
    Public Notice, 14 FCC Rcd 6688 (WTB 1999).

[^336]: *See* *C and F Block Broadband PCS Auction Closes; Winning
    Bidders Announced*, Public Notice, 16 FCC Rcd 2339 (2001).

[^337]: In addition, we note that, as a general matter, the number of
    winning bidders that qualify as small businesses at the close of an
    auction does not necessarily represent the number of small
    businesses currently in service. Also, the Commission does not
    generally track subsequent business size unless, in the context of
    assignments or transfers, unjust enrichment issues are implicated.

[^338]: 15 U.S.C. § 632.

[^339]: Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, to
    William E. Kennard, Chairman, FCC (May 27, 1999). The Small Business
    Act contains a definition of "small-business concern," which the RFA
    incorporates into its own definition of "small business." *See* 15
    U.S.C. § 632(a) (Small Business Act); 5 U.S.C. § 601(3) (RFA). SBA
    regulations interpret "small business concern" to include the
    concept of dominance on a national basis. *See* 13 C.F.R. §
    121.102(b).

[^340]: 13 C.F.R. § 121.201, NAICS code 517110.

[^341]: *Trends in Telephone Service,* Table 5.3.

[^342]: 13 C.F.R. § 121.201, NAICS code 517110.

[^343]: *Trends in Telephone Service,* Table 5.3.

[^344]: 13 C.F.R. § 121.201, NAICS codes 517410 and 517910.

[^345]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, *Establishment and Firm Size (Including Legal Form of
    Organization)*, Table 4, NAICS code 513340 (issued Oct. 2000).

[^346]: Office of Management and Budget, North American Industry
    Classification System, 513 (1997) (NAICS code 513390, changed to
    517910 in Oct. 2002).

[^347]: *See, e.g.*, *supra* *Further Notice,* at para. 72.

[^348]: 5 U.S.C. § 603(c)(1) -- (c)(4).

[^349]: *See* *supra* *Order*, at paras. 74-80.