$// Amendment of Part 73, Subpart G, of the Commission's Rules
Regarding the Emergency Broadcast System, FCC 94-288//$
$/ 0.183 Emergency Communications Administration/$
$/ 11.1 Purpose/$
$/ 11.2 The Emergency Alert System (EAS)/$
$/ 73.901 Scope of Subpart/$
$/ 73.903 Emergency Broadcast System (EBS)/$
$/ 76.3  Other pertinent rules/$
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                           Washington, DC  20554
                                                       FCC 94-288
In the Matter of                       )
                                       )
Amendment of Part 73,             )  FO Docket 91-301
Subpart G, of the Commission's    )  FO Docket 91-171
Rules Regarding the               )
Emergency Broadcast System             )
                           REPORT AND ORDER AND
                  FURTHER NOTICE OF PROPOSED RULE MAKING
Adopted:  November 10, 1994        Released:  December 9, 1994
Comments Due:  February 22, 1995
Reply Comments Due:  March 24, 1995
By the Commission:
                             TABLE OF CONTENTS
Topic                                             Paragraph No.
   I.   SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . .  1-2
  II.   BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . 3-25
        A.  The current EBS  . . . . . . . . . . . . . . . . . . . . . 7-12
        B.  Origin of this proceeding  . . . . . . . . . . . . . . .  13-15
        C.  Field tests  . . . . . . . . . . . . . . . . . . . . . .  16-25
III.    MODERNIZING EBS. . . . . . . . . . . . . . . . . . . . . . . .26-76
        A.  Broadcast participants . . . . . . . . . . . . . . . . .  40-49
        B.  Cable participants . . . . . . . . . . . . . . . . . . . .50-65
        C.  Voluntary participants in the new system . . . . . . . .  66-76
IV.     TECHNICAL STRUCTURE OF THE NEW SYSTEM. . . . . . . . . . . . 77-127
        A.  Mandatory protocol . . . . . . . . . . . . . . . . . . .  78-81
        B.  Prohibition of false and deceptive codes . . . . . . . . .82-84
        C.  Equipment requirements . . . . . . . . . . . . . . . . .  85-94
        D.  Two-tone alert signal. . . . . . . . . . . . . . . . . .  95-96
        E.  Monitoring requirements. . . . . . . . . . . . . . . . .  97-99
        F.  Automation . . . . . . . . . . . . . . . . . . . . . .  100-106
        G.  Test requirements. . . . . . . . . . . . . . . . . . .  107-114
        H.  Cost of an enhanced emergency system . . . . . . . . .  115-127
   V.   OPERATIONAL ASPECTS OF THE NEW SYSTEM. . . . . . . . . . .  128-146
        A.  National procedures. . . . . . . . . . . . . . . . . . . .  130
        B.  State and local area procedures. . . . . . . . . . . .  131-135
        C.  Advisory committee . . . . . . . . . . . . . . . . . .  136-138
        D.  FEMA/NWS/FCC/industry coordination . . . . . . . . . .  139-140
        E.  Instructional services . . . . . . . . . . . . . . . .  141-146
  VI.   FURTHER NOTICE OF PROPOSED RULE MAKING . . . . . . . . . .  147-163
        A. Further issues regarding cable systems. . . . . . . . .  147-153
        B. Services under further consideration. . . . . . . . . .  154-163
 VII.   IMPLEMENTATION TIMETABLE . . . . . . . . . . . . . . . . .  164-170
VIII.   CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . .  171-173
  IX.   PROCEDURAL MATTERS . . . . . . . . . . . . . . . . . . . .  174-183
   X.   ORDERING CLAUSES . . . . . . . . . . . . . . . . . . . . .  184-189
        LIST OF COMMENTERS FOR FO Dkt. 91-171/91-301   APPENDIX A
        LIST OF REPLY COMMENTERS   "    "              APPENDIX B
        LIST OF COMMENTERS FOR PN FO "    "            APPENDIX C
        LIST OF FIELD TEST GROUPS                      APPENDIX D
        RULES (Parts 0, 11, 73 and 76)                 APPENDIX E
        GLOSSARY OF TERMS                              APPENDIX F
        EQUIPMENT REQUIREMENTS AND TIMETABLE           APPENDIX G
                                I. SUMMARY
     1.   By this action, we establish the Emergency Alert System
(EAS), which will replace the existing Emergency Broadcast System
(EBS).  We require broadcast stations and cable systems to
install and operate new equipment for national alerts while
relaxing some requirements for noncommercial educational Class D
FM stations and low power television stations.  Satellite, Direct
Broadcast Satellite (DBS), telephone and cellular carriers, and
other service providers are encouraged to voluntarily
participate.  A standard protocol and new digital codes are
adopted that will facilitate different technologies using the new
system.  Finally, procedures are streamlined so that more
participants can work together effectively during emergencies.
     2.   In a Further Notice of Proposed Rule Making ("FNPRM")
we seek comment on how services such as the Multipoint
Distribution Service (MDS), Satellite Master Antenna Television
(SMATV), and Video Dial Tone should participate in the new EAS.
We also seek further comment on whether we should waive our EAS
requirements for a defined class of "small" cable systems.
                              II. BACKGROUND
     3.   In 1951 President Harry S Truman established CONELRAD
(Control of Electromagnetic Radiation) as the first national
alerting system.  Under CONELRAD, AM radio stations were required
to broadcast only on 640 or 1240 kHz during an emergency alert to
the public so that enemy missiles could not use transmissions
from broadcast stations as a guide for their targets.  By the
early 1960's the development of missile guidance systems made the
two channel limitation obsolete.
     4.   In 1963 President John F. Kennedy established the
Emergency Broadcast System and allowed stations to transmit on
their normal frequencies during an emergency.  Technical
requirements for EBS equipment were developed in the 1960's and
included an audio/analog two-tone alerting signal.  It was not
until the mid-1970's, however, that the Commission amended its
rules to replace the CONELRAD signalling technique with the
existing EBS audio signal.  In 1976, a Memorandum of
Understanding (MOU) between the Federal Communications Commission
(FCC or Commission), the Federal Emergency Management Agency
(FEMA), and the National Oceanic and Atmospheric Administration's
(NOAA) National Weather Service (NWS) endorsed the two-tone EBS
audio signal for use in state and local emergencies.  This MOU
was updated in 1982 to reflect the reorganization of FEMA.
     5.   Our authority to regulate emergency broadcasting
emanates primarily from Sections 303(r) and 706(c) of the
Communications Act, 47 U.S.C.  303(r) and 706(c).  Section
303(r) is a general grant of rulemaking authority to the
Commission.  Section 706 grants 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 stations within the Commission's jurisdiction.  Our EBS rules
are designed to enable the President to exercise these powers
quickly and efficiently.
     6.  Our authority to regulate participation by cable systems
in the emergency alerting process, on the other hand, stems
primarily from Section 624(g) of the Communications Act, 47
U.S.C.  544(g), see paras. 50-65, infra.  That provision
requires the Commission to ensure that cable viewers are afforded
the same access to emergency communications as broadcast viewers
and listeners.  We also note that the Americans with Disabilities
Act, 42 U.S.C.  12101, et seq., aims to "make all facets of our
society fully accessible to individuals with disabilities."  Our
rules adopted herein comport with that goal as well.
A.   The current EBS
     7.   The current EBS is composed of technical equipment and
an operational structure which provides guidance to those
broadcast stations and others who participate in EBS.  It is a
joint government-industry effort which responds to a Presidential
requirement to address the entire nation on very short notice
because of a grave national threat.  It uses the facilities of
the communications industry, including 13 radio and 5 television
networks, 12 cable networks, the Associated Press, Reuters and
United Press International wire services, and over 13,000
broadcast stations.
     8.   Technically, EBS is an analog transmission system in
which broadcasters are required to have specified equipment and
relies upon operator control.  During an alert, EBS equipment
transmits audio EBS messages after receipt of a two-tone
attention signal, which activates the decoder/receiver at a
broadcast radio or TV station.  The EBS station operator must
listen to the audio message coming out of the speaker (of the
decoder/receiver) to determine the reason the EBS signal has been
transmitted.  If the audio message was a test of the system, the
test date and time are logged.  If the message is for a national
emergency, they must alert the public.  If the message is for a
state or local emergency, responding personnel have a number of
options, including ignoring or rebroadcasting the message.
     9.   The Commission requires the use of EBS only in the
event of a national emergency.  State and local authorities,
however, may request use of the EBS to provide early warning to
communities about regional, state, county, and local emergencies.
More than 20,000 activations of the EBS have been reported since
1975, and every state and territory has used it.  State and
Local Emergency Communications Committees (SECC and LECC) are
responsible for the development of plans which detail procedures
for stations and officials to follow for activation of the EBS.
Broadcast stations have voluntarily made increasing use of EBS
since the system was allowed to be used for local emergencies.
     10.  The current EBS has several significant drawbacks.
First, the equipment relies on the broadcaster who receives the
initial alert to alert other broadcasters in a "daisy chain."
The daisy chain is often unreliable, as stations are completely
dependent on the station they monitor to activate the EBS system.
If the key "upstream" station fails to activate, stations further
down the chain are not alerted to the emergency and, therefore,
cannot inform their audiences.  There has been no monitoring of
multiple sources for emergency alerts.  In addition, operators
must be trained in EBS activation procedures in order to send and
receive emergency notifications.
     11.  Second, much EBS equipment dates back several decades.
Very few manufacturers produce repair parts for EBS equipment.
If a broadcaster had to purchase replacement EBS equipment, the
replacement costs would be comparable to the cost for new digital
equipment.  Moreover, even if the current equipment could be
economically maintained, cable participation in EBS would be
severely handicapped because the present signalling scheme does
not lend itself to unattended operation.
     12.  Third, when an emergency strikes, the EBS can still
fail even if the alert is forwarded to the next station in the
chain, the equipment is working properly, and the operating
personnel are knowledgeable because the current EBS relies on
station personnel to acknowledge and relay the alert, which can
cause critical delays.  Seconds may mean the difference between
life and death during sudden emergencies such as tornadoes, flash
floods, hazardous chemical spills, and nuclear accidents.  In
addition, current EBS equipment does not allow participants to
alert the public selectively in the event of an emergency.  For
example, an EBS alert warning of a flood may be of little value
to listeners located in more distant locations.  These
disadvantages of the EBS have become more apparent as
communications technology has advanced, and have contributed in
part to our determination to examine more closely the
modernization of the system.  After every major disaster, the
National Oceanic Atmospheric Administration (NOAA) conducts a
survey to determine the effectiveness of warning systems.
Approximately 80 percent of these surveys have indicated the need
for improvements in the EBS because of deficiencies inherent in
the old system.
B.   Origin of this proceeding
     13.  In 1989 the National Association of Broadcasters (NAB)
petitioned the FCC for a rule making to shorten the two-tone
audio alerting signal and to revise other operational aspects of
the EBS.  In 1991, the Society of Cable Television Engineers
(SCTE) established an EBS working group to explore the most
efficient and cost effective manner to reach their cable
subscribers during an EBS alert.
     14.  Since 1991 there have been four Commission actions
examining the modernization of EBS.  On June 13, 1991, we adopted
a Notice of Inquiry (NOI)to solicit comments on new technology
and equipment that would improve EBS.  On October 9, 1991, we
adopted a NOI/Notice of Proposed Rule Making (NPRM) to solicit
comments on the NAB petition to shorten the two-tone signal and
to propose a rule to prohibit false use of the EBS signal.
     15.  On September 17, 1992, we adopted a NPRM/Further Notice
of Proposed Rule Making (NPRM/FNPRM), FO Dockets 91-301/91-171,
consolidating the earlier proceedings and seeking further
comments on proposals to update the technical and operational
features of the EBS.  On November 12, 1992, we issued a Public
Notice addressing a requirement in the Cable Act of 1992 to
include cable in EBS and invited commenters to discuss this
requirement when filing comments to the NPRM/FNPRM.  We received
63 comments and 17 reply comments in response to the consolidated
NPRM/FNPRM.
C.   Field tests
     16.  In December, 1992, we invited equipment manufacturers
to demonstrate their alerting equipment and prototypes at the
Commission.  Eleven manufacturers participated.  This
demonstration showed that newer technologies were available and
effective to create more advanced emergency communications
equipment.
     17.  We determined that further testing would reveal the
best methods to integrate various technologies, the compatibility
of different prototype equipment, and verify the robustness of
the proposed digital protocols.  We invited interested parties to
participate in field testing of the proposed EBS system.  An
Eastern and a Western field test were scheduled.  Plenary
meetings for the tests began in March 1993.  These meetings
involved manufacturers, industry members, and government
officials.  Each test was headed by a state EBS coordinator who
worked with the group to design the tests.  The testing was based
on the proposals presented in the NPRM/FNPRM and drew on the
expertise and experience of each participant.  The field tests
documented the capabilities of existing or prototype equipment to
deliver emergency communications.
     18.  The Western Field Test was conducted June 27 through
June 30, 1993, in Denver.  More than 75 representatives from
broadcast stations, cable systems, satellite companies, emergency
management offices, consulting engineering firms, amateur radio
organizations, and manufacturers of alerting equipment and
consumer end products, voluntarily provided their own personnel
and resources for the tests.
     19.  In-band, subcarrier, satellite, HF radio, VHF, UHF,
microwave, and telephone were the primary transmission modes
tested.  Three focus groups and one composite focus group offered
some insight into audience perception of the systems and
equipment.
     20.  The Eastern Field Test was conducted September 12,
1993, through September 15, 1993, in Baltimore.  The tests
involved more than 60 representatives from government, industry,
and manufacturing.  Technical/emergency management personnel and
others served as official observers to record the test results.
Testing sites included the State Emergency Operation Center,
experimentally licensed AM and FM stations, FCC field
facilities, the National Weather Service office, a cable head-
end, existing AM and FM stations, and Spanish language television
and radio stations.
     21.  The goals of both tests were to examine the ability of
broadcast, cable, satellite, and other means to transmit digital
information, to test speed, redundancy and reliability factors,
to determine operator needs for equipment responsiveness, to test
as many of the parameters in the NPRM/FNPRM in different
situations as feasible, and to experiment with an architecture
broad enough to encompass other technologies as they become
available.  In response to the field testing, we received 42
comments and 9 reply comments.
     22.  The test data demonstrated that (1) monitoring of
multiple sources of emergency information was successful in
providing reliability and redundancy; (2) a small geographic area
could be alerted without affecting other areas; (3) transmissions
could be easily relayed from point-to-point via different
transmission means; (4) equipment could automatically receive,
store, and forward alerts and messages; (5) in-band and
subcarrier transmissions could coexist; (6) satellite and cable
technology could interface with the EAS digital transmission
scheme; (7) mobile reception of in-band and subcarrier were
equally susceptible to multipath, distortion, shadowing, and
other propagation anomalies; and (8) consumer radio receiver
equipment could turn itself on from an "off" position in response
to broadcasters' digital signals, such as Radio Broadcast Data
System (RBDS) signals.
     23.  The field tests clearly showed that the current EBS was
of limited utility compared to capabilities offered by the new
generation of digital equipment.  The tests also conclusively
demonstrated that digital messaging for emergency alerting was
feasible regardless of the transmission link or operating
environment tested.  The digital coding schemes used during the
tests were more technically demanding than the EAS codes which we
adopt by this Order.  We found that transmission media
traditionally associated with analog modulation, like AM
broadcasting, were suitable for carrying digital information.
Furthermore, we realized the significant possibilities of
alerting using digital communications technologies, such as those
used by some subcarriers, pagers, computers and satellite
systems.
     24.  The tests confirmed that many types of transmission
systems could be links in the EAS network, because they all were
capable of digital signalling and interfacing.  The tests showed
that there was a place in emergency alerting for each
transmission system because the systems complemented each other
in delivering alert messages.  Thus, we found that every
technology and service had advantages, and each could fill
particular needs.
     25.  There has been significant growth and improvement in
emergency communications prototype equipment since the December
1992 demonstration and the field testing.  Emergency managers,
deaf and hard-of-hearing persons, Spanish language participants,
and blind persons have given important feedback to the
manufacturers.  Cable equipment suppliers have worked to
optimize the video display for television.  During the course of
the two tests, over 35 equipment prototypes were used, which
indicates that manufacturers will be able to offer a wide range
of equipment to broadcast stations and cable systems.  Our tests
also showed that satellite equipment manufacturers could offer
emergency communications for mobile uses and other
configurations.
                           III.  MODERNIZING EBS
     26.  During this proceeding the Commission has held regional
workshops and numerous meetings with the telecommunications
industry, manufacturers, state and local emergency officials and
others to discuss the technical and operational aspects of
modernizing EBS.  More than 225 entities have filed comments
since this proceeding began in 1991.
     27.  We examined more than 20 issues in the NPRM/FNPRM. The
key issues include: (1) requiring cable to be a participant, (2)
designing equipment that can interact with all technologies, (3)
permitting automation, (4) reducing dependency on single station
monitoring, (5) reducing on-air EBS testing, and (6) shortening
the two-tone alerting signal.  The decisions on these and other
items are discussed below.
     28.  Is There A Need for An Emergency Broadcast System?  A
threshold question is whether the Commission should continue to
require an EBS or similar alerting system.  Since the early
1950's, the installation of alerting equipment has been mandatory
in order to provide the President with the capability to transmit
national emergency information to the general public.  This
requirement has been reaffirmed by every Administration since
President Truman.  We are fortunate in not having had an
emergency requiring use of that capability.  The fact that we
have not had to use EBS for a national alert, however, does not
necessarily support a determination to abandon the concept of an
emergency warning system.  As discussed further below, we
continue to believe that maintaining such capability is in the
public interest.  Indeed, based on the history of this proceeding
and of the EBS generally, we believe that effective emergency
warning systems can reduce life and property loss and that
effectiveness and timeliness are clearly linked.
     29.  One commenter has questioned the need to modernize or
replace the EBS and has suggested instead that EBS may not be
necessary if there is greater use and expansion of the National
Weather Service (NWS) NOAA Weather Radio (NWR) network as a
replacement.  The Federal Emergency Management Agency (FEMA)
also maintains warning systems.  The FEMA and NWS systems,
including NWR, and EBS, complement each other to form a cohesive
warning structure.  Each system working alone cannot do the job.
NOAA Weather Radio alone does not have the coverage capabilities
to reach all of the nation's populace.  FEMA's systems interface
mainly with other government agencies, including state and local
emergency organizations.  The EAS needs to have the emergency
information from the above agencies.  Working together, the three
agencies provide federal, state and local agencies with a means
to alert the public to all orders of emergencies.  Radio and
television broadcast stations currently reach nearly every part
of the country, often with several stations.  There are radios
and televisions in virtually every home and business.  In order
to receive NWR broadcasts, the consumer must buy a special radio.
Penetration of NWR receivers into homes is not comparable to that
of standard radios and televisions.  We therefore do not believe
that the NWR is a realistic alternative.
     30.  Can the EBS be Improved or Must it be Replaced?  The
NPRM/FNPRM proposed to modernize the EBS by requiring replacement
of the old equipment with equipment capable of interacting with
multiple mass communications technologies.  Our review of the
existing EBS indicated that there are enough serious shortcomings
to warrant its replacement by a new Emergency Alert System (EAS).
Of those commenters addressing this issue, virtually all
supported the need for changing EBS.  The shortcomings of EBS
most commonly identified in the comments were the age and
inflexibility of current equipment and the fact that it does not
work with new mass communication technologies such as cable.  As
commenters overwhelmingly agreed, the existing EBS mechanism is
vulnerable to operator error and at times has failed to deliver
timely information to the public.  It also appears that the cost
of replacing existing EBS equipment would equal that of new EAS
equipment with superior capabilities and lower operating costs.
     31.  The majority of commenters agreed that it was no longer
cost effective to invest in the current equipment.  This
perspective was best expressed by a joint filing of several state
broadcast associations which stated: "We recognize that the new
EBS improvements will cost us some money, but our consensus is
that EBS is broken and needs to be modernized."  Another system
participant commented: "While we realize that the modernization
might create some additional cost, we believe such cost could be
minimized by utilizing equipment with modular or highly
integrated construction."
     32.  One state broadcasters' association stated, "The system
selected must work in seconds, must work every time and should
require little or no broadcast operator intervention."  Other
commenters were particularly hopeful that new equipment might
alleviate common problems. "[W]e routinely incur problems with
poorly trained operators after hours, or operators not at their
usual positions 'to take the call'."  We agree with these
commenters that it is impractical to rely on the current EBS
equipment and operating procedures or to attempt to upgrade them
using the existing analog EBS technology.  We further believe
that replacement of existing EBS equipment with a new generation
of digital EAS equipment better complies with our statutory
mandate to provide adequate communications facilities that
enhance national defense.  Replacement of EBS will ultimately
result in an alerting system that will function seamlessly with
many sources of emergency communications.  In view of the reasons
discussed above, we will replace, rather than attempt to improve,
the EBS.
     33.  We are confident that the new equipment will be a
better overall value than the current equipment because it
permits automated operation, is reliable, and should be usable
for a longer period of time due to its digital nature.  We
weighed the advantages of a new system versus the costs of
repairing and upgrading the EBS system, and find that requiring
new equipment is clearly preferable.
     34.  The new system will not be limited to a particular
transmission system such as analog broadcasting.  No one
transmission system could, in isolation, sufficiently achieve our
goals for EAS.  We agree with the concerns of most commenters
that to select one system to the exclusion of others would create
problems of incompatibility.  Although some commenters and
participants in the field tests preferred a particular
transmission system, such as RBDS, there was no clear consensus
by commenters on a preferred transmission system. We believe that
by not choosing or favoring one transmission mode over others,
the resulting alerting system will offer the most flexibility to
system participants and also be in the best interest of the
public and system participants.
     35.   The extraordinary diversity of technologies available
to be used in an alerting system suggests a need for an
architecture that can accommodate all the proposed media
distribution schemes.  Therefore, as the foundation for the new
EAS, and as discussed more fully below, we will adopt a mandatory
standard digital protocol with a flexible architecture usable by
many kinds of transmission media.
     36.  With such a standard, in-band broadcasting of alerts
could be received today over any radio or television.
Subcarriers could transmit unobtrusive text data and activate
turned-off receivers.  Cable could give all subscribers alerts
and special cable equipment could provide the deaf, hard-of-
hearing, blind, and non-English speaking audiences distinctive
visual and audio alerts.  Satellite terminals could be used for
remote field activations and could be used on disaster sites.
Pagers could be used to alert persons in offices or who are
travelling.  In addition, such a standardized digital protocol is
flexible enough for expansion and upgrading as new kinds and
generations of transmission systems become available in the
future.
     37.  Renaming the EBS.  In the NPRM/FNPRM the Commission
sought comments on the merits of renaming EBS to reflect the
incorporation of other technologies and the modernization of the
system.
     38.  Although only nine commenters responded to this
proposal, they provided a litany of reasons why this is the time
to rename the EBS.  Comments such as EBS "[S]hould be renamed to
denote a multi-source information network;" "[C]hanging the name
would also help the public to understand there is a new,
technologically advanced system replacing the current two-tone
system, which has come to have a negative image;" and it
represents a "clean new start to a highly improved system"
typified support for the name change.  Only one respondent was
against changing the name, on the grounds that the present name
had recognizability.
     39.  We believe it is in the public interest to rename the
current system.  This action best reflects the inclusion of other
technologies in the system and should dispel any negative images
associated with the current EBS.  The new system will be called
the Emergency Alert System (EAS).  Because cable and other
transmission capabilities will ultimately become an integral part
of the new alerting system, the word "broadcast" in Emergency
Broadcast System should be changed to inform the public that the
new system, EAS, is not necessarily a broadcast-based service but
ultimately an aggregation of many services working together.  The
name change should also provide the opportunity to promote public
awareness of the new EAS.
A.    Broadcast participants
     40.  Broadcast stations will continue to play a significant
role in the new EAS.  The following paragraphs discuss the
general parameters for their participation.  Specifically, all
broadcast station licensees, including noncommercial educational
Class D FM stations and low power TV stations, will be required
to have EAS decoders.  Broadcast station licensees (except
noncommercial educational Class D FM stations and low power TV
stations) additionally will be required to have equipment capable
of encoding the EAS codes installed in the broadcast station
programming chain, such as at the transmitter, studio or control
locations.  If manual interrupt will be relied upon, encoders
will have to be located so that station staff can initiate the
EAS code and Attention Signal transmission at normal duty
locations.  Where broadcast stations are co-owned and co-located
with a combined studio or control facility, only one set of EAS
equipment will be required for the combined facility.
     41.  Television stations will be required to have the
capability to transmit automatically a visual message that will
include the originator, event, location, and valid time period of
the message.  If the message is a video crawl, it must be
displayed at the top of the television screen or where it will
not interfere with other video messages.  We strongly encourage
FM stations, especially those with key EAS designations located
in areas with many emergencies, to transmit the EAS codes on
subcarriers, including 57 kHz using the RBDS standard.  See
paras. 43-49, below.  We do not, however, require this
technology.
     42.  We believe that it is essential for all segments of the
population to be advised of the need to take protective action in
the event of an emergency.  The American Hispanic Owned Radio
Association drew our attention to the fact that, "Federal and
State Emergency Broadcast Systems primarily remain set up to only
serve the English-speaking population . . . In the event of a
disaster/emergency, non-English speaking persons would be
deprived of vital information . . . there are approximately 350
Spanish language stations across the country, serving over 98% of
the Spanish-speaking population."  To alleviate the concerns of
non-English speaking program providers and to ensure that all
audiences have the ability to take appropriate measures during an
emergency, such stations or program providers may send the actual
EAS alert in their primary language.  Stations not carrying the
test script or activation in English should so state in their
Local Emergency Communications Committee plans.  See paras. 131-
135, infra.
     43.  Radio Broadcast Data System (RBDS).  In the NPRM/FNPRM
we discussed the FM "box" and further proposed to require Radio
Broadcast Data System (RBDS) encoding equipment for all key FM
EBS designated stations.  RBDS is a defined protocol for data
that is transmitted on the 57 kHz subcarrier of FM radio
broadcast stations.  Under this standard, data is sent at 1200
baud by utilizing BPSK modulation techniques.  Information is
released in specialized groups of revolving but continually
updated data.  Each group is delimited by a header which
indicates the type of information in the group, such as paging,
traffic messages (for road signs), navigation (Global Positioning
System), tuning and radio format information, and data text.  One
group is Emergency Warning System (EWS, group 9A) which is
incorporated with the other groups of data upon demand by the
broadcaster.
     44.   The RBDS technology allows for frequency agility which
permits receivers to search out and lock on to local emergency
alert stations.  It allows for switching from one program source
to the emergency alert.  Many have Liquid Crystal Displays for
display of text messages.  Consumer receivers equipped with RBDS
can be turned on selectively and automatically from a standby
state, much like personal pagers or continuous tone coded squelch
system (CTCSS) radios so that anyone hearing them would receive
the emergency audio message being broadcast.  Increasing numbers
of consumer electronic devices, such as car radios, are equipped
to receive RBDS.
     45.  Several parties, including broadcasters and
emergency/safety coordinators, who filed in response to the
NPRM/FNPRM and the Public Notice embraced the use of RBDS
technology because of its capacity to perform a plethora of
services, including EAS alerts.  The enhancements most often
mentioned were individual customer alerting, turning on inactive
receivers such as radios, cassette or compact disc players (with
RBDS receivers built-in), push-button activation systems for
public safety dispatchers, the ability to receive multiple
sources of emergency alerts, and enhanced security systems.
     46.  RBDS representatives in meetings and field tests
related to this Order demonstrated the significant role this
technology can have in the EAS system both for participants and
the public.  One of the alerting systems discussed in the
NPRM/FNPRM is a significant user of RBDS technology.
     47.  Many commenters and FM stations during the field
testing expressed a strong interest in the increased use of
subcarrier technologies and the RBDS standard.  One manufacturer
who participated in the field tests provided equipment that
exceeded the capabilities of the EAS.  This equipment had many
enhanced features favored by state and local communities who are
in high risk areas and who therefore have a need for equipment
with greater flexibility.
     48.   Those opposing use of RBDS raised concerns that
requiring subcarrier use might be burdensome and in some cases
conflict with current subcarrier uses.  Nonetheless, the ability
to have a new generation of consumer products that could
immediately alert the public was enthusiastically endorsed by
many commenters.  As one county manager pointed out, "[N]o
emergency alerting system will be meaningful if it cannot
automatically turn on devices in people's homes, cars and public
assembly areas during the day or night."
     49.  Given the significant potential of RBDS, we encourage
FM broadcast stations to provide emergency warnings via
subcarrier using RBDS.  Before, simultaneously, or after
transmitting EAS messages in the main audio channel, RBDS
equipped stations may transmit EAS messages on a subcarrier.  See
para. 99, infra.  We encourage FM stations, especially those key
to EAS operations, to transmit the EAS codes in the RBDS
standard.  RBDS devices can be easily integrated with EAS devices
because both employ common RS-232 data connections and
protocols.
B.   Cable participants
     50.  The Cable Act of 1992 required standards to ensure that
cable systems provide emergency information to their subscribers.
It stated "[E]ach cable operator shall comply with such standards
as the Commission shall prescribe to ensure that viewers of video
programming on cable systems are afforded the same emergency
information as is afforded by the emergency broadcasting system
pursuant to Commission regulations...."
     51.  For several years, the cable industry and the
Commission have been exploring ways to increase cable television
participation in the EBS.  In 1991 the Society of Cable
Television Engineers (SCTE) established an EBS subcommittee to
review equipment designs that would allow cable operators to
participate in EBS.  SCTE also strived to identify mechanisms
that would strengthen cable's capacity to inform cable
subscribers of emergencies.  In addition to its work in
subcommittee, SCTE actively participated in the FCC field tests
of the proposed alerting system, and several SCTE members began
serving as local chairs on the EBS emergency communications
committees.  The National Cable Television Association (NCTA) has
also been investigating how to increase cable participation
without creating excessive burdens on the cable operator.
     52.  In the NPRM/FNPRM we proposed to make cable an equal
partner in EBS.  Recognizing that many cable operators use remote
control and automation in their facilities, we further proposed
to take into consideration these characteristics in the new
system.
     53.  Commenters were supportive of our proposal to include
cable in the new system.  Opinions differed, however, on whether
participation should be mandatory or voluntary.  Some commenters
were concerned that existing alerting equipment required by local
municipalities should not be made obsolete, but rather should be
incorporated into any new system.
     54.  Those who believed cable participation should be
mandatory frequently noted that a substantial number of
households subscribe to cable systems.  One commenter pointed out
that in New York State, "[C]able television is available to
approximately 85 percent of all dwelling units.  Over 60 percent
of these dwelling units, some 3.7 million households, actually
subscribe to cable television."  Commenters who felt that
participation should be voluntary cited the expense and technical
difficulties associated with cable involvement.  Some suggested
weighing the amount of involvement against the proportional cost.
Also, one commenter pointed out that cable systems with existing
emergency alerting systems have achieved great success even
though their efforts are voluntary.
     55.  NCTA noted that "[S]ome cable systems have already
deployed emergency alerting equipment in their headends pursuant
to local franchise requirements.  The Commission should ensure
that this embedded base of equipment is not rendered obsolete by
developing an EBS device that bridges the existing equipment with
the new equipment."
     56.  National cable program suppliers such as Home Box
Office, MTV, Cable News Network and The Weather Channel have been
participants in the national EBS since the mid 1980's.  Few local
cable systems, however, have purchased the necessary equipment to
participate in the EBS.  A possible reason for not participating
is that some systems have equipment, as part of franchise
agreements, that allows local authorities to override programming
with emergency information.  Subscribers to these systems can
still miss EBS emergency information, because of lack of
participation by the cable system.  If a cable subscriber is
watching one of the many channels carried by a cable system and
an emergency activation of the EBS occurs, that subscriber will,
in many cases, be unaware of the EBS alert and, therefore, of the
need  to take protective action.  The cable television viewer
would receive the alert only if that cable system were a part of
the EBS or if the channel that the viewer was watching were a
local television station delivering an EBS message.
     57.  We believe that cable is an invaluable link in the
dissemination of information during emergencies.  More than 60
percent of all American homes are wired for cable.  The Cable
Television Advertising and Marketing Society estimated in 1992
that by the year 2000 cable penetration would reach 78 percent.
The Cable Act of 1992 requires that cable television systems must
be capable of providing EAS alerts to their subscribers.   That
requirement, affording cable subscribers the same ability as
broadcast viewers to take action to protect life and property,
serves the public interest.
     58.  We therefore require cable systems to maintain EAS
equipment in accordance with the rules we adopt in this Order
(See Appendix E).  For national emergencies, we are requiring
compulsory retransmission of Presidential EAS messages.  Cable
systems must interrupt all channels and provide information to
subscribers.  Although not required, we also encourage EAS
activation for state or local emergencies.
     59.  Cable systems must transmit the national EAS message
codes, the attention signal, emergency message, and end of
message (EOM) code to their subscribers.  The attention signal
can be produced from a storage device instead of a type-accepted
encoder.  The equipment must provide an audio message on all
channels for those event codes selected by cable company
personnel.  Cable systems may elect not to interrupt EAS messages
from broadcast stations upon written mutual agreement among all
concerned.
     60.  During an EAS alert, cable systems must provide 1) an
all channel audio message override; 2) momentary video interrupts
of short duration on all channels; and 3) at least one video
message override channel.  Cable operators must provide the EAS
video message on the television screen.  The message may be at
any location on the screen so long as it is easily seen by the
subscriber.  It must not interfere with closed captioned
information.
     61.  Hard of hearing and deaf individuals were involved in
the meetings and field testing of the proposed equipment.  One
commenter delineated the importance of including video warnings
on cable systems as part of the new EAS: "[I]t is fully
consistent with the Congressional mandate of the Americans with
Disabilities Act to make all facets of our society fully
accessible to individuals with disabilities...any oral emergency
messages that are broadcast through broadcast radio, television,
or other media, should be made available in text form."
     62.  The hard-of-hearing and deaf communities rely heavily
upon cable television for emergency information.  Cable systems
must therefore provide either audio and video EAS messages on all
channels or an equivalent alerting function on the entire system
for deaf or hard-of-hearing persons.  The requirement for
equivalent messaging can be implemented by using independent set-
top alerting devices which are turned on by EAS equipment at
headends.  These set-top devices can provide audio alerts, voice
warnings, and visual text messages.  Other equipment such as
strobe lights, bed-shakers, and light blinkers may also be used
by cable systems to provide alerts.  Cable operators may
determine at what level it becomes more cost-effective to provide
all video channel override than to provide these devices to hard-
of-hearing or deaf subscribers, subject to Commission oversight
on the reasonableness of this decision. (See n. 168, infra).
     63.  Dual Tone Multi-Frequency  The Society of Cable
Television Engineers (SCTE) reported that many cable systems have
installed Dual Tone Multi-Frequency (DTMF) signalling equipment
between the cable system and local officials for use in
transmitting emergency information as part of the local franchise
agreement.  The SCTE recommended that DTMF decoding be
incorporated in the new equipment since it is already used by
many cable systems.
     64.  In the NPRM/FNPRM we envisioned a device that would
have allowed cable systems to monitor for DTMF alert signals from
a touch-tone telephone.  In view of our decision to use a
standard digital protocol to perform the EAS alerting function,
we do not think it is possible to use DTMF as a means of alerting
cable systems of an emergency.  It is critical that cable be
interoperable with other EAS delivery systems.  We do not want to
overlook the current usefulness of DTMF, however, or clash with
existing emergency system capability.  DTMF codes may be used if
converted to the EAS code protocol, so that the new EAS equipment
may receive the decoded DTMF messages.
     65.  The new EAS code protocol will be a national standard
and should exceed the capabilities of DTMF.  Local emergency
managers will find the EAS equipment much more flexible than DTMF
equipment.  For example, they will be able to access EAS
equipment at cable headends directly.  The emergency messages in
the EAS protocol will also be available to local broadcast
stations and NWS offices for further dissemination.
C.   Voluntary participants in the new system
     66.  This Order mandates that broadcast and cable
participate in national alerts.  They may also use the equipment
on a voluntary basis at the state and local level to disseminate
emergency information to the public.  Other communications
service providers and other entities such as electric power
utilities can also provide valuable service in an emergency alert
system.  Many, such as telephony, satellite, and microwave
networks, have voluntarily participated in EBS.  We encourage
their continued participation in EAS and invite other
communication systems and technologies to also voluntarily
participate.  We discuss in this section several technologies
that were actively involved in this proceeding and explain the
rules governing voluntary participation.
     Satellite Communications Systems
     67.  Satellite vendors in meetings and field testing
demonstrated the potential advantages satellites offer to the EAS
scheme, particularly in situations when broadcast and cable
signals are not available.  During the field testing, equipment
manufacturers demonstrated to the Commission that EAS codes, in
their full digital form, could be transmitted by satellite.  The
new EAS could, therefore, be fully interconnected to any
inherently digital communications channel.  There are many
services that employ digital satellite technology and, therefore,
can transmit the digital EAS codes.
     68.  During the field tests, Information Systems
Laboratories (ISL) used mobile Ku-band uplink and downlink
satellite terminals to demonstrate how isolated or distant
receive points could be alerted.  A single mobile uplink unit was
used at a central location, simulating a command site.  Downlink
units consisting of a dish, receiver, and computer were placed at
the stations and cable headends.  Codes were sent from uplink to
downlink via satellite.  Because the satellite transmitters and
receivers use standard data interfaces, the satellite was a
transparent and seamless transmission medium between encoders and
decoders.  This type of system can be useful to local emergency
operations centers or disaster command units.  Therefore, we
encourage the voluntary participation of satellite in EAS.
     69.   In July of 1982, the Commission authorized the Direct
Broadcast Satellite (DBS) service to provide satellite delivery
of programming directly to homes using small, relatively
inexpensive receive stations.  Several parties have been granted
orbital positions and channels, and some have become operational.
DBS entities filed comments in this proceeding, participated in
the field tests and expressed an interest in carrying EBS
activations.  The digital EAS codes will be compatible with
digital DBS technology.  The Commission is interested in bringing
emergency alerts to consumers receiving video and audio
programming through DBS.  Therefore, we encourage the voluntary
participation of DBS in EAS.
     NOAA National Weather Service
     70.  NOAA Weather Radio (NWR) offers an important low-cost
alerting capability.  Weather related emergencies represent over
80 percent of the total number of EBS activations.  These
warnings are initiated by the National Weather Service and are
dispatched over local NWR transmitters.  The NWR services are
being upgraded to preface all forecasts and warnings from all
transmitter sites with intelligent digital codes.  These codes
are created by a device called the Weather Radio Specific Area
Message Encoder (WRSAME) that is part of the NWR programming
equipment at the local NWR office.
     71.  In the new EAS system, any EAS decoder can directly
monitor for and decode WRSAME codes.  EAS participants can be
immediately and reliably informed of weather related emergencies
with the addition of any ordinary weather radio receiver and off-
the-shelf connections to the EAS decoder.  Monitoring NWR
directly is extremely beneficial to alerting the public when time
saved means lives saved, and we encourage such activity.
     Personal pagers
     72.  A recent development in personal pagers is the ability
to provide warnings that imminent danger is present.  Regardless
of where they are within the service area, pagers have the
capacity to isolate all subscribers in the affected area and
allow them to receive an EAS alert.  Subcarrier paging in the
field tests proved to be a useful service to persons travelling
or sitting in meetings.
     Other technologies
     73.  Since the beginning of this rule making, various
industries have contacted us regarding the role they have in
alerting the public to injuries from man-made incidents.  We
believe that such industries have a viable role in participating
in the new EAS.  Therefore, this Order encourages other entities
such as utility companies and nuclear industries, to provide
emergency communications voluntarily pursuant to the laws in
their states and areas.  The guidelines in the EAS rules explain
how such industries may contact their local emergency
communications committee and thereby serve as a participating
link in delivering EAS alerts to specific target audiences.
     74.  This Order also permits the voluntary participation of
Digital Audio Radio (DAR), High Definition Television (HDTV), and
digital/interactive systems, which can use this protocol as they
come on line.  Telephone and cellular carriers may also
voluntarily participate by providing communications links for EAS
messages between emergency managers and broadcast stations and
cable systems, particularly in areas where EAS monitoring is
difficult.  EAS alert capability can be incorporated in pagers
and cellular telephones.  The EAS protocol is adaptable to a wide
range of technologies and will accommodate voluntary
participation by those entities.
     Consumer products
     75.  During meetings and field tests related to this Order,
representatives from the consumer electronics industry
demonstrated equipment that could receive emergency alerts.  The
products included TV sets and radios, car radios, pagers, smoke
detectors, CD players, cassette players, strobe lights, and other
devices capable of immediately notifying the public of
emergencies.  An important quality that these consumer products
shared was the ability to be turned on and off automatically.
     76.  The public will clearly benefit from devices that can
turn on for alert purposes when danger threatens.  A wide range
of enhanced emergency alerting equipment is in use now, and
industry is working on future prototypes.  We encourage the
development of these consumer products which enhance the access
of Americans to instantaneous public safety messages.  We will
work to provide industry incentives by reducing unnecessary
regulatory burdens.
                IV.  TECHNICAL STRUCTURE OF THE NEW SYSTEM
     77.  The EAS consists of operational and technical elements.
The operational elements are discussed in Part V of this Order.
The technical elements consist of the mandatory protocol,
equipment requirements, and transmission pathways.  We will
discuss each of these in the following paragraphs.
A.  Mandatory protocol
     78.  Although we did not directly address the question of a
protocol standard, we did propose universal parameters that would
be required for all devices so that all AM, FM and TV broadcast
stations and cable systems would have compatible equipment.  We
also discussed the possible use of the NOAA WRSAME or the Radio
Data System codes to trigger automatic alerts at broadcast
stations and cable systems.  We sought comments on the importance
of parallel coding for a portion of the coding sequence to
increase speed and reduce errors in activating EAS.  We further
sought comments on the desirability of an End of Message (EOM)
code that would be able to return EAS participants to their
regular programming automatically.  Commenters on this issue
responded unanimously to the need for the Commission to chose a
single, very specific, and highly defined interstation signalling
code and protocol.  One party stated, "[T]he Commission needs to
select one, and only one, mandatory signalling method for a
revamped Emergency Broadcast System.  To allow multiple
information delivery methods means that radio and TV stations
with service areas straddling state boundaries might have to
install two, and possibly three, EBS monitoring systems, to
ensure that the more reliable web architecture envisioned for an
improved Emergency Broadcast System is not lost."  Further, the
field tests held in Denver and Baltimore clearly showed the value
of EOM.  All field test participants pointed to the critical
need to have an EOM code in order to return stations to their
normal programming.
     79.  We agree with the commenters and have adopted mandatory
EAS codes and protocol that must be used to construct an EAS
message.  The EAS message consists of a digital header, an
attention signal, an audio or text message and an End Of Message
(EOM) code.  The digital codes use audio frequency shift keying
tones similar to the National Weather Radio WRSAME system.  The
digital codes and protocol will be used to activate the EAS for
national messages and state or local emergencies.  Because the
codes are predefined, anyone receiving them can quickly determine
their meaning.  The codes define who originated the emergency
message, the nature of the emergency, the location of the
emergency, and the valid time period of the emergency.  Also, the
codes are within the audio bandpass of radio and television
receivers and, therefore, are immediately available to the
public.  The codes have a unique transmission rate, which
provides a measure of security because off-the-shelf equipment
cannot be used to replicate the codes.  This aids in identifying
equipment that may have been used to transmit the codes
illegally.  Also, the code structure is very short and contains
just three or four key elements.  This enables EAS message
originators to quickly develop warning messages for injection
into the communications system.
     80.  The location parameters can be for events affecting a
whole state, a whole county, or a portion (down to 1/9th) of a
county.  If a city or area has its own Federal Information
Processing System (FIPS) number, it can also be distinguished.
An individual EAS message can contain 31 location codes.  There
can be unique codes for alerting specific locales such as
schools, hospitals, neighborhoods, a single block within a
neighborhood, or individual homes.  All EAS messages will be
Universal Coordinated Time (UTC) based time so that EAS messages
originating in areas near the border of two different time zones
and during time changes for Standard and Daylight time will be
compared using the same base time standard.  Additional emergency
specific codes can be developed to interface with the EAS
equipment.  All codes will be cataloged by the FCC.  The FCC and
NWS will keep records of all of the codes in use.  This will
prevent the same Event code from being used for different
emergencies and aid manufacturers and the public in programming
their equipment.
     81.  The EAS header codes, attention signal, emergency
program (audio or text) and EOM code must be transmitted in
sequence in the main audio channel of all radio and television
broadcast stations for EAS national emergency and required test
messages.  Cable systems must transmit the EAS message in the
same order and must provide a momentary video interrupt and an
aural message on all channels and at least one visual message
override channel.  For state and local emergencies, EAS
participants are permitted to transmit the EAS message codes and
the EOM code without the audio message in the main audio channel.
The attention signal, which is what the public will hear, must
precede any emergency audio message.  Although the two-tone EBS
attention signal will continue to activate the EBS system, after
July 1, 1997, that signal will only be used to alert the public
and not to activate the new EAS.
B.  Prohibition of false and deceptive codes
     82.  In the NPRM/FNPRM the Commission proposed to add a new
section to the Rules and Regulations which would prohibit false
use of the EBS two-tone attention signal or any of the new
special codes.
     83.  While this proposal did not generate significant
discussion, all the commenters believed that there should be a
prohibition against false use of the EAS.  The Ohio Adjutant
General's Department stated "strict rules should exist to prevent
the misuse of the EBS signal."  Several commenters also stressed
that any use of the EBS attention signal, other than for tests
and activations, could be an enormous detriment to the system.
     84.  There are two prohibitions potentially relevant to
misconduct in operation of the EAS: Section 325(a) of the
Communications Act, which prohibits false distress signals, and
Section 73.1217 of the Commission's Rules and Regulations
prohibiting broadcast hoaxes.  We believe a specific prohibition
against the misuse of the EAS attention signal and codes is
necessary, however, because it is more specific and directly
addresses the proper use of EAS codes and tones.   Therefore, we
adopt new Section 11.45 to prohibit anyone from transmitting the
EAS two-tone attention signal or any of the new special codes for
false or deceptive use.  Such false use and misconduct will be
considered a false distress communication and will be subject to
Commission penalties, such as monetary forfeiture or other
appropriate sanctions.
C.  Equipment requirements
     85.  In the NPRM/FNPRM, we proposed to replace the equipment
used in the EBS with three similar new devices: one would
function with AM radio/TV, one with FM radio, and one with cable
television.  Each device would have specified input and output
parameters to allow a broadcast station or cable system to
disseminate emergency information.
     86.  Commenters overwhelmingly supported replacing the EBS
and recommended that there  be a single device incorporating all
the requirements for AM, FM, TV, and cable systems.  The
requirements are, basically, a means to send an emergency alert
and a means to receive it.  We agree with the commenters that
equipment designed to meet the technical requirements of the EAS
should share certain universal characteristics.  We also agree
with commenters that these requirements can be met with a single
device.  We note, however, that certain broadcast stations will
not be required to initiate EAS alerts and, thus, will not need a
device which has both an EAS encoder and EAS decoder.
     87.  We have adopted rules, therefore, to require EAS
equipment to be capable of performing certain functions of the
EAS rather than adopting rules requiring specific equipment.
Simply put, all EAS equipment must be capable of using the EAS
protocol either to send or to receive EAS alerts.
     88.  EAS equipment must be able to perform the functions
described in Sections 11.31, 11.32, 11.33, 11.51 and 11.52 of
Part 11.  EAS equipment may be manufactured either as an
integrated unit containing both the EAS encoder and decoder or as
separate units.  In either case, the equipment must be certified
in accordance with Part 2 of the Commission's Rules, 47 C.F.R.
Part 2.  Specific functional capabilities for EAS encoders and
decoders are discussed below.
     89.  We believe that this will promote the innovative design
of the EAS equipment by permitting manufacturers to decide how to
configure equipment.  This should also permit market forces to
decide whether the functions of an EAS encoder or decoder will be
put in one unit or separate units.  A broadcast station, cable
television system, or other EAS participant should be able to
choose among equipment that meets its requirements.
     90.  EAS Encoder.  An EAS encoder is used by EAS
participants to originate EAS alerts by creating the EAS codes
for transmission to other participants and the public.  All EAS
encoders must have, among other requirements, the following
capabilities: (1) automatic override for national (Presidential)
EAS messages; (2) a means to select either automatic or manual
operation to transmit EAS message codes; (3) at least one audio
input and one audio output; (4) at least one data input and one
data output; and (5) the ability to address specific geographic
areas.
     91.  EAS Decoder.  An EAS decoder is used by participants to
receive EAS alerts and to translate the EAS codes into an audio
or video message.  All EAS decoders must have, among other
requirements, the following capabilities: (1) automatic override
for national (Presidential) messages; (2) a means to decode EAS
messages either automatically or manually; (3) audio inputs for
two EAS monitoring assignments and one data input to receive
another transmission mode, (4) a means to store at least two
minutes of audio or text messages and at least 10 preselected
message codes; (5) the ability to display any valid EAS message
codes received to show the originator, event, location, valid
time period of the message and the local time the message was
transmitted; and (6) the capability selectively to receive
originator, event, and location codes.
     92.  Additionally, all EAS encoders and decoders must
contain security measures to ensure that there will be no
unauthorized personnel changing preselected codes.  They must
be installed so that if manual interrupt is selected, station or
cable staff at normal duty locations will be alerted instantly
upon the receipt of an emergency alert and can transmit EAS
messages.  Where broadcast stations or cable systems are co-owned
and co-located (such as AM and FM stations licensed to the same
entity at the same location or a cable headend serving more than
one system) with a combined studio or control facility, only one
set of EAS equipment is required for the combined facility.
     93.  EAS decoders must be programmable so that licensees or
operators can select certain message codes in advance.  These
preselected message codes will be automatically matched to
incoming message codes.  Message codes will be matched by
selecting the originator (who), event (what) and location
(where).  Station or cable management will determine which
message codes in their decoder will automatically interrupt their
programming for emergencies affecting their audience.  This
includes setting priorities for state and local area emergencies.
All decoders must be programmed for EAS national level
emergencies and required tests.
     94.  The new digital EAS codes will allow system
participants to relay EAS alerts to narrowly targeted
audiences.  The new EAS decoder must have a display that will
show who originated the message, the event or reason for the
message, the location of the event, and the valid time period of
the event in local time.
D.  Two-tone alert signal
     95.  In the NPRM/FNPRM we proposed not to shorten the EBS
two-tone signal until the future of EBS became clearer in order
to avoid stations having to buy potentially obsolescent
equipment.  Commenters agreed that the present two-tone signal
was ineffective.  They favored shortening it in the new system so
listeners would no longer tune out the alert in the event of a
real emergency.  In later ex parte filings, and as a result of
the field testing in Baltimore, however, representatives of the
blind community voiced strong opposition to a shortened tone.
They argued that a shortened attention tone would not adequately
draw a person's attention.
     96.  The majority of commenters in this proceeding advocate
shortening the two-tone attention signal because it is no longer
perceived as an alerting mechanism, but as a precursor to an EBS
test.  We believe that the arguments advanced by commenters who
advocate shortening the length of the two-tone signal are
persuasive.  We recognize the concerns of the blind community,
however, who wish to retain the current length of the two-tone
signal for emergency alerts.  To ensure protection for the blind,
the new tone was tested in several locations.  The piercing
burst of short tones attracted the attention of both the blind
and those involved in noisy activities such as listening to
music.  Therefore, we will allow EAS participants to shorten the
two-tone attention signal to a minimum of 8 seconds beginning in
1995 or to use a signal of up to 25 seconds.  Use of the existing
two-tone attention signal to initiate emergency alerts will be
phased out during the transition period permitted by this
Order.  We permit the use of the shortened tone for the monthly
on-air test so as not to desensitize audiences.  We strongly
encourage EAS participants to transmit a two-tone signal of 20 to
25 seconds in an actual emergency alert in order to attract the
attention of all listeners, including members of the blind
community.
E.  Monitoring requirements
     97.  We proposed in the NPRM/FNPRM to incorporate multiple
inputs into the new equipment to reduce dependency on any one
station for alerting information and to reduce the problems
inherent in daisy chain monitoring.  We further proposed that
the equipment be capable of receiving emergency programming from
two different sources and that other input ports be used for
receiving and decoding signals from other transmission media,
such as subcarrier signalling via the RBDS or the NWR WRSAME.
     98.  Commenters overwhelmingly supported multiple
monitoring.  Group W supported the need to replace the daisy
chain: "[R]eplace the unreliable daisy chain approach with the
more effective multiple input approach to provide greater
assurance that the public will be timely and accurately alerted
during local, state and national alerts."  We agree with
commenters' contention that multiple monitoring should eliminate
problems of the existing EBS daisy chain by providing additional
sources of emergency messages.  We have adopted rules to require
at least two audio inputs on the EAS decoder and at least one
data input for optional EAS message code transmissions.  To
ensure effective off-the-air monitoring, broadcast station
licensees must continue use of two-tone signalling during the
transition period.
     99.   The monitoring assignments (key EAS sources) for
participants are delineated in state and local area EAS plans.
These plans are developed voluntarily by State Emergency
Communications Committees.  The FCC reviews these plans for
conformance with the EAS rules.  In situations where EAS
participants cannot reliably receive any of the key EAS sources
in their EAS local area, alternate assignments can be obtained.
Presently, broadcast stations are required to monitor only one
source.  After July 1, 1996, they will be required to monitor two
sources. The Commission will entertain requests for waivers to
change monitoring assignments for the two required sources (audio
inputs).  In situations where EAS participants cannot receive any
of the recommended monitoring sources, alternate arrangements or
a waiver can be obtained by written request to the FCC EAS
office.  In the event of an emergency, waivers will be granted by
telephone with a followup letter to confirm temporary or
permanent reassignments.  Also, the FCC uses the data in the
above plans to compile and maintain EAS state mapbooks and data
bases.  These mapbooks and data bases are sources of information
for EAS participants, government agencies and the public.  The
FCC will provide this information through an electronic bulletin
board.
 F.  Automation
     100.  The EBS system relies on having a person available at
a broadcast station to activate the EBS when an EBS alert is
received.  Broadcast stations often are faced with the dilemma of
what to do when the person responsible for activating EBS is away
from the receiver/decoder or is inadequately trained in
activation of the EBS equipment.  The need to have a full-time
person on duty to determine the content and nature of EBS
messages is costly, time consuming, and is often ineffective when
a sudden emergency occurs.  This is particularly true in cable
systems where automation is frequently used and no personnel are
available.  Additionally, under the EBS system, key stations
alert other stations in their area.  If there is a local
emergency in only a portion of that area, audiences in areas
unaffected by the emergency are needlessly alerted.  This creates
confusion and heightens nonresponsiveness in the event of an
activation of the EBS because of an emergency.
     101.  The NPRM/FNPRM proposed to permit stations and cable
systems to select the desired level of automation by designating
the types of emergencies they wanted to transmit.  We further
proposed that certain categories of stations that were key to the
EBS in sending alert messages to other stations could not elect
full automation but sought comments on this proposal.  At the
time, it was not known if they could reliably retransmit
automatically digital codes through their audio processing
equipment.
     102.  The majority of parties strongly supported the use of
automation in the new system.  Broadcasters stated that
automation would ease the burden to always have a person on duty
and reduce the chances of the station missing an alert that was
critical to its audience.  Parties also regarded the use of
remote control as a welcome enhancement that would increase the
speed of delivering emergency communications to the public.  A
significant point raised by commenters was that any ability to
activate alerts from remote locations should have safeguards to
avoid sabotage or misuse of the system.  Broadcasters and cable
operators also wanted to be able to determine the circumstances
under which they could use the automation features, including
not using automation at all.  The comments are best summarized by
one commenter who stated:  "[A]utomation of the new warning
system should remove critical emergency decision making process
from entertainment personnel or unqualified operators without
abridging the broadcaster or cable operator's discretionary
rights."
     103.  We agree with the commenters' suggestions regarding
the need to allow flexibility when using automatic operation and
the need for protection against unauthorized operation.  We
believe our other proposals are not necessary as long as all
types of automation are still permitted.  We have, therefore,
adopted rules requiring EAS encoders and decoders to provide both
automatic and manual operation and will permit each EAS
participant to determine whether to use automatic or manual
operation to send or receive EAS alerts.  Additionally, in a
companion item adopted concurrently with this Order, the
Commission is proposing rules to permit the unattended operation
of broadcast stations.  Unattended operation of a broadcast
station requires automatic operation of EAS equipment.  We are
requiring manufacturers to provide protection such as a lock or
other means to prevent unauthorized access to EAS encoders and
decoders.
     104.  Automatic operation may be used at the discretion of
the broadcaster or cable operator.  When in use, it must provide
full interruption of programming and transmission of EAS
messages.  Automatic interrupt must also cause the transmission
of required tests and any preselected state and local area
emergencies.  Automatic operation may be used when less
experienced personnel are on duty, to preselect specific
emergency alerts such as tornados or hurricanes.  Automatic
operation is required when facilities are unattended.  We believe
that allowing flexibility will allow EAS participants to tailor
the use of automatic interrupt to specific situations.
      105.  Manual operation, the transmission of EAS alerts to
the public by personnel on duty, requires the operator on duty to
be alerted to the message, to read the message displayed on the
decoder, and to decide whether to retransmit the message.
Although this procedure appears to be the same as the current
EBS, there are important differences.  EAS equipment will provide
a visual display of the alert.  The operator will be able to
determine the details quickly because the display must provide
information about the nature of the emergency and the originator,
among other things.  This will allow the operator to
distinguish between tests and actual activations without waiting
until the voice message begins, as is presently the case with the
EBS.
     106.  EAS equipment can also be used when broadcast stations
or cable systems are operated by remote control.  If manual
operation is used, an EAS decoder must be located at the remote
control location and 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 override the transmission of an EAS
alert.  We strongly recommend that responsible personnel
maintain strict internal procedures describing the hours of
automation and the preselected codes for automation or when
remote control is utilized.
G.  Test requirements
     107. We proposed in the NPRM/FNPRM to continue to require
on-air weekly testing, but to permit EAS participants the
opportunity to perform three of the weekly tests with no
interruption of their regular programming.  We referred to this
option as silent testing (we now refer to it as "unobtrusive
testing" to reflect more clearly its true characteristics).  We
further proposed to require a monthly "audible" on-air test that
would be transmitted simultaneously by all stations/cable
systems/other participants in a state or local area.  We
suggested that the tests occur between 8:30 A.M. and sunset,
local time.
     108. Parties that filed comments generally shared the view
that "The weekly testing of the current EBS has relegated it to
nothing more than a nuisance which radio broadcasters do
reluctantly and the public disregards.  By doing it
unobtrusively, the integrity of EBS will be enhanced and its
utilization increased."  Commenters also noted that on-air
tests should not be limited just to daytime hours, noting that
emergencies can happen at any time, not just between 9:00 A.M.
and 5:00 P.M.  A few commenters supported the continuation of
the weekly on-air audible testing as a means to familiarize their
staffs on how to use EBS in the event of an emergency.  Another
point raised by those who filed said that it may be extremely
difficult to coordinate a monthly on-air test.
     109.  Because the EAS equipment uses digital codes to
transmit emergency alerts, the requirement that participants use
audio messages when conducting  weekly on-air tests is no longer
necessary.  We remain convinced, however, that it is important to
fully check the emergency alerting capability of the EAS by
conducting monthly on-air tests of the new equipment just as it
would be used for an actual EAS emergency.
     110.  Therefore, we are adopting rules that will change the
procedures for EAS tests.  All EAS participants will have the
option to continue performing weekly tests with on-air messages
or to perform three of the four weekly tests in an unobtrusive
testing mode.  Unobtrusive testing should assure that the EAS
equipment is functioning properly.
     111.  Required monthly tests will involve, in addition to
transmission of the digital codes, the transmission of at least 8
seconds of the attention signal, test audio script and EOM code.
All AM, FM, and TV stations and cable systems within the
prescribed test area, as defined by the State Emergency
Communications Committee (SECC), must transmit the test within
the same 15 minute period.  This will fully test the system
just as if it were being used for an EAS alert.  Unattended
broadcast stations and cable systems must have a record available
that shows EAS test and alert transmissions.  Tests in odd
numbered months should occur between 8:30 a.m. and local sunset.
Tests in even numbered months should occur at times other than
between 8:30 a.m. and local sunset.  They will originate from key
EAS sources identified in the State plan.  By varying the testing
schedule, we ensure that all participants will become familiar
with the new system and be able to successfully activate the
system on a local or state basis.
     112.  The test schedule and test script content to be used
for the monthly on-air test or any weekly on-air tests will be
developed by the SECCs and the Local Emergency Communications
Committees (LECCs) in cooperation with affected stations and
cable systems, the National Weather Service, and emergency
management officials.  Test scripts for the monthly tests should
describe EAS local involvement of participants and may include
live messages from local officials.  The SECC will approve the
test script for monthly coordinated on-air tests.  We will permit
all non-English speaking stations and program providers to
translate the monthly test script into the primary language of
the station or cable channel, which will ensure that their
audiences can quickly understand when a test is being conducted.
     113.  If a participant activates the EAS for an actual
emergency at the local or state level, that participant is not
required to conduct the weekly or monthly test that would
otherwise have been required for that week.  Activation of the
EAS at the state or local level by a broadcast station or cable
system must include transmission of an audio and video message to
substitute for a monthly test.  Stations or cable systems that
were not operating during the hours that a weekly or monthly test
was transmitted should determine when the test was performed and
make appropriate entries in their records or logs.
     114.  If in the future the Chief, Compliance and Information
Bureau, determines that monthly on-air testing is no longer
necessary, the Chief, Compliance and Information Bureau by
delegated authority may waive or change this requirement.  There
will be no change (except name changes) to other tests of the EAS
at this time.  These include the periodic wire service tests, the
weekly Emergency Action Notification (EAN) network tests, Closed
Circuit Tests, and periodic National Primary source tests.
H.  Cost of an enhanced emergency system
     115.  In the NPRM/FNPRM we sought comments on the cost of
the new equipment and any alternatives for modernizing the
current equipment.  While few of the commenters, with the
exception of manufacturers, were willing to speculate on the cost
of the new equipment, twenty of the 63 commenters who filed in
the proceeding stated that cost was an important concern.
Commenters were apprehensive that purchasing new equipment would
be burdensome to small broadcast stations and small cable
systems.  Some suggested that if purchasing and maintaining
equipment were to be mandatory, there should be subsidies to
offset some of the costs; if no subsidies existed, participation
should be voluntary.  Additionally, cable commenters suggested
that because of the projected costs, it would be financially
ruinous for small cable operators with fewer than 1,000
subscribers to participate in EBS.
     116.  We recognize that there are initial costs associated
with the new equipment, but believe the costs are justified.
If improved early warning contributed to only a small reduction
in injuries, lives lost, and property damaged, the benefits of
the new EAS would still far exceed its costs.  For example, a new
EAS might have saved 10 percent of the 308 weather-related deaths
in 1992, 10 percent of the 3,239 weather-related injuries and 1
percent of the $38.4 billion in property and damage.  If so, it
would have meant that 31 lives could have been saved 324 injuries
and $384 million in property damage could have been avoided.
     Broadcasting
     117.  We are requiring broadcasters to purchase the new EAS
equipment.  In addition, broadcasters will be able to use most
of the peripheral connections that they now use with their
existing EBS equipment.  Estimates on the cost for new equipment
vary depending on the sophistication of the unit.  One
manufacturer who participated in the field tests offered cost
estimates based on prototype equipment for a medium range unit:
If encoding and decoding equipment were purchased separately
(instead of in one unit), a decoder would cost about $750, and an
encoder would cost about $1,000.  Many manufacturers advised
the Commission during the field tests that the most economical
option would be to create a single unit encompassing both the
encoder and decoder that will combine identical components and
circuity into one chassis.  If such a common chassis were used,
the cost of a single low-end unit would range from approximately
$600 to $1,000.  A medium-priced unit would cost from $1,500 to
$2,500.  Mass production may bring these costs even lower.
Custom units would cost more.  We expect that stations in low
risk areas that have infrequent natural or man-made emergencies
will choose less expensive models with fewer capabilities.
Stations in higher risk areas will activate the EBS more
frequently and are likely to choose costlier equipment with more
sophisticated capabilities.
     118.   The entire cost of the new EAS equipment to the
broadcast industry, approximately 14,000 broadcasters, could be
as low as $8.7 million.  This estimate could be reduced to the
extent that stations are co-located because our new rules allow
one set of EAS equipment to be used to serve co-located
stations.  In addition, as noted above, broadcasters will be
able to use most of the peripheral connections that they now use,
with their existing EBS equipment.  Depending on the station's
setup, installation costs could add an additional five to ten
percent to the equipment costs.
     119.  Broadcasters' operating expenses for the new EAS will
be lower than for the current EBS.  The new equipment will not
require trained operators, and remote automatic activation will
be possible.  Moreover, automatic audio and video messaging will
be available, as will automatic logging.  One commenter
estimates, after a survey of small, medium and large stations,
that the new system would provide a median annual operating
savings of $5,280 per station.  Thus, operating savings alone
may pay for all or most of a broadcaster's cost to install and
operate the new EAS.  We will therefore permit broadcasters to
purchase the new equipment as soon as it becomes available.
     120.  The two-tone EBS devices put in place during the late
1970's are nearing the end of their reliable lifetime.  If a
broadcaster had to purchase replacement EBS equipment, the
replacement costs would be comparable to the cost for new digital
equipment.
     121.  Commenters and FM stations during the field testing
expressed a strong interest in the use of subcarrier technologies
and the RBDS standard.  FM broadcast stations may provide EAS
emergency warnings via subcarrier using the RBDS standard before,
during or after providing EAS messages on their main carrier.
RBDS encoders are presently available for about $2,500 to
$5,000 and offer services such as program identification,
automatic tuning of receivers, and text messaging.  For stations
already equipped with RBDS encoders, the capability of sending
emergency data is built in, and those stations would incur no
further costs.  RBDS equipment can transmit supplemental text
messages and activate consumer receiving equipment.
     122.   One manufacturer's system, for example, links, local
government centers to RBDS equipped broadcast stations via
dedicated Remote Pickup Unit (RPU) radios; the stations use RBDS
subcarriers to contact other stations, cable operators, and the
public on RBDS equipped receivers.  The cost of such systems is
about $2,000 to $3,000.  These FM stations monitor key state
stations, the National Weather Radio, and local emergency
operations centers via the RPU radios.  AM, TV, and cable systems
monitor, in turn, the key FM stations.  The subcarrier RBDS data
is unobtrusive since the consumer never hears the interstation
signalling of the key FM stations.  AM and TV broadcasters can
then retransmit the data alert in-band using the EAS protocol.
     123.    The Commission has granted waivers of EBS
requirements to broadcasters on a case-by-case basis.  We will
continue to grant waivers of EAS requirements in appropriate
circumstances upon sufficient showing of need. The request must
be made in writing to the FCC's EAS office, Compliance and
Information Bureau, Washington, D.C. 20554, and must contain at
least the following: (1) justification for the waiver, with
reference to the particular rule sections for which a waiver is
sought; (2) information about the financial status of the entity,
such as a balance sheet and income statement for the previous two
years (audited, if available); (3) the number of other entities
that serve the requesting entity's coverage area and that are
expected to install new EAS equipment; and (4) the likelihood
(such as proximity or frequency) of hazardous risks to the
requesting entity's audience.
     Cable systems
     124.  The cost to cable systems of complying with the new
EAS technical requirements is higher than for broadcasters
because of the multichannel nature of cable systems.  Although
installation costs may vary, projected equipment costs for cable
systems appear to be between $10,000 and $15,000.  Cable
operators must purchase a unit that contains a decoder/encoder.
This unit will provide the cable operator with the ability to
receive and send EAS messages.  As discussed above, the cost of
the basic EAS decoder/encoder is estimated at $1,000.  In order
for the cable operator to distribute the EAS message on its
system, an override device is required.  The estimated cost for a
cable override device (including installation) is $10,700.  This
figure is based on a compilation of cable manufacturers'
estimates for equipment used in the EBS field tests.  The
device provides the capability to send an audio message on all of
the channels of a cable system, a video interruption of all
channels, and a video message on one channel.  These two costs
($1,000 plus $10,700, for a total of $11,700) complete the
equipment cost expenditure for the operator, and may be lower or
higher ($10,000-$15,000) depending on the system and features
selected.  Co-located headends may use one set of EAS equipment,
which would reduce this cost estimate.
     125.  In addition, cable systems must provide all channel
video message override or a device offering an equivalent
function for deaf or hard-of-hearing subscribers.  Cable systems
may provide all channel override rather than providing each deaf
or hard-of-hearing subscriber with a special alerting device if
they find it more economical to do so.  See paras. 61-62,
supra.
     126.  One manufacturer who participated in both field tests,
HollyAnne Corporation, manufacturer of the Safety Alert Monitor,
tested special alerting device and noted that "The reviews by
Gallaudet University and SHHH both stressed that the [visual
information]  concept was one of their choices for methods to
warn the deaf and hard-of-hearing with regard to the new EBS."
The control unit for the set-top that would provide alerting to
the deaf and hard-of-hearing device would be located at the
headend site and cost between $700 and $3,000 depending upon the
level of features desired.  A home unit currently sells for $40
for an audio device to about $60 for a device with a visual alert
and message display.
     127.  We understand the concern of members of the cable
industry when they point out they often carry upwards of 40
channels and are anxious that the costs not be burdensome.  We
therefore sought additional information from manufacturers and
cable operators.  After reviewing all information, however, we
conclude that it is technically and economically feasible for
cable television systems to participate in EAS and that it would
serve the public interest for them to do so.  In order to allow
them sufficient time to plan, we have also provided for phase-in
of the EAS requirements for cable systems.  It also appears that
for purposes of cable rate regulation, the costs of complying
with the new EAS rules should be accorded external cost
treatment.  We intend, however, to resolve the issue of external
cost treatment for rate regulation purposes of costs incurred by
cable operators in participating in EAS in a separate proceeding
prior to the mandatory compliance date of the EAS rules for
cable.
                 V.  OPERATIONAL ASPECTS OF THE NEW SYSTEM
     128.  This section of the Order explains how the current
system will be streamlined and incorporated into the enhanced EAS
operational structure.  It will provide an overview of the many
tasks which affect participants in EAS, including how to conduct
the monthly tests, how the various emergency communications
committees interact, and enhancements that will improve
coordination among participants.
     129.  A common complaint about the current system was the
terminology used to describe EBS designations and participants.
The acronyms were complicated and confusing.  Therefore, we are
discarding the old EBS designations and creating more succinct
terminology to more clearly define EAS functions.  The new EAS
designations are described in the new rules and listed in
Appendix F.
A.  National procedures
     130.  We are, in this Order, revising emergency alert
procedures at the national level to reflect the increased
capabilities of the new EAS digital equipment.  Presently, the
Emergency Action Notification (EAN) network links the Federal
government and 33 broadcast and cable networks and wire services.
The Primary Entry Point (PEP) system includes 37 broadcast
stations (now designated as National Primary (NP) EAS sources) as
a backup to the EAN network.  Under EAS, National Primary (NP)
stations will be able to disseminate national, regional, state or
local emergency alerts and tests using the digital codes as a
backup to the National Emergency Action Notification (EAN)
network.  The FCC and FEMA will study whether national level EAS
messages can be digitally authenticated among the Federal
government, the broadcast networks, cable programmers, and wire
services, and their affiliates and subscribers.  We intend to
expand the EAN to include other technologies as they become
viable in order to reach audiences not connected to cable
systems.
B.  State and local area procedures
     131.  The structure of the EBS system has been faulted as
heavily as the equipment.  A frequent lament of participants in
the current system has been the unevenness of the effectiveness
of the EBS from state to state and from one local operational
area to another.   EBS has been extremely successful in some
states because of the dedication of the State Emergency
Communications Committee (SECC) and the Local Emergency
Communications Committee (LECC)in training new personnel,
developing and updating SECC and LECC operating plans, holding
coordinated tests, and ensuring that the plans are properly
executed during emergency situations.  These committees make
technical and operational recommendations to state or local area
authorities involved in emergency communications; serve as
liaison with the FCC; and maintain liaison with appropriate
industry committees at the national, state and local levels.
     132.  The SECCs will continue in their invaluable advisory
and functional work.  A SECC is organized in each of the 50
states, Guam, Puerto Rico, the Pacific Islands, the Virgin
Islands, and the District of Columbia.   We expect these
committees to reorganize to include cable systems and other
industry participants that can contribute to the dissemination of
emergency communications.  We expect the SECCs to hold elections
for positions, to organize training, and to approve the policies
and procedures for EAS operations, tests and activations within
their domain.  We anticipate that each SECC will have a Broadcast
Co-Chair and Cable Co-Chair to ensure that their industries are
fully participating in the development of state emergency plans.
The Co-Chairs should chair each meeting of the SECC and should
also ensure that the SECC membership list is kept current.  The
SECCs will develop and oversee state or local area monthly on-air
testing of the system.  Any local area without a plan, or that
has not had a plan approved as a part of their state plan, must
follow the test schedule and script for EAS procedures
established by the SECC.  Members of the SECC may also include
the Chair and Vice-Chair of any LECCs that are formed within the
State or Territory.  All EAS participants are eligible to serve
on their respective SECCs.
     133.  We anticipate that each state will organize meetings
to determine whether their state or any local areas need to be
reapportioned.  For example, certain larger states, such as
California, may elect to divide into two committees, or some
local areas may decide to combine.
     134.  State and local plans will become even more important
under EAS because they will specify which alerts will be
transmitted by key EAS sources in a State and local area.  To
provide stronger and more effective SECC plans, we strongly
recommend that each emergency communications committee chair
begin the development of an updated plan for distribution to all
SECC participants and interested parties.  This plan should
provide for (1) improved mapbooks; (2) reliable activations;
(3) more effective monthly on-air testing; (4) adequate feedback
mechanisms to the National Advisory Committee (NAC); and (5)
better utilization of auxiliary entities (i.e., amateur radio,
utility companies, nuclear plants).
     135.  All authorized sources for initiating EAS alerts
should be approved and included in the state or local plan.
Franchising authorities seeking to use EAS for local alerts must
participate in the state and/or local emergency communications
committee and be included in the corresponding plan. This
information will be vital to the stations and to the cable
systems monitoring those sources.  Plans developed by the SECC,
or LECCs must be reviewed by the FCC prior to implementation to
ensure that they are consistent with national plans, FCC
regulations, and EAS operation.
C.  Advisory Committee
     136.  To assist in improving the effectiveness of EAS and to
enhance the ability to provide advice, policy guidance and
emergency communications coordination quickly to the FCC, we will
revise the existing EBS Advisory Committee (EBSAC).  The EBSAC
has, through the years, provided the FCC with recommendations
concerning emergency communications policy, plans and procedures.
EBSAC consists of several hundred persons, however, making it
very difficult to call meetings and respond quickly to issues.
In accordance with the General Service Administration's Final
Rule on Federal Advisory Committee Management, we intend to
amend the EBSAC's charter membership.  The EBSAC will be renamed
the National Advisory Committee (NAC).  The initial charter for
the NAC will be for two years and will be subject to renewal.
     137.  The NAC will provide coordination and critical
direction in the implementation of the new rules and regulations
for the EAS.  It will advise the Commission on all matters
concerning the EAS including, but not limited to, policies,
technology utilization, procedures, training, education, and
interface with the public and various industries wishing to be a
part of the EAS.  The new membership of the NAC will be composed
of a small body of volunteer government and industry personnel
selected by the FCC.  It will include government officials
involved in emergency communications, representatives of special
audiences, and State Emergency Communications Committee (SECC)
members.  It will recommend the new guidelines for the
operational functions of the EAS.  Its new functions will
include, but not be limited to, studying and submitting
recommendations for emergency communications policies, plans,
systems and procedures for all FCC licensed and regulated
industries in order to provide continued emergency communications
services under conditions of crisis or national emergency.  NAC
will also assist the Commission in educating the cable industry
and other new participants on EAS.
     138.  Officers of the NAC will be elected for two year terms
and will include representatives from the broadcasting, cable,
and satellite industries, as well as other voluntary
participants.  All members of Commission advisory committees are
volunteers.  They are not reimbursed for attending meetings and
travel at their own expense.
D.  FEMA/NWS/FCC/industry coordination
     139.  With changes occurring rapidly in the field of
emergency communications, it is necessary to strengthen
coordination between the entities that are responsible for
executing provisions of the EAS.  The FCC will continue to work
with the Federal Emergency Management Agency, the National
Weather Service, and industry to enhance the new EAS.  To this
end, the Memorandum of Understanding (MOU) between the FCC, FEMA,
NWS, and the old EBSAC will be updated by the respective parties.
Primary Entry Point (PEP) stations will be a component of the
EAS, and the PEP Advisory Committee will be included in the
revised MOU.
     140.  We intend that a coordinated FCC, FEMA and NOAA
education and training program will be developed to teach
emergency managers and other public service providers how to use
the new EAS effectively to save lives and property.
Additionally, the agencies will work together to reexamine the
Broadcast Station Protection Program and the revision of all
state and local plans.
E.  Instructional services
     141.  We have identified several areas that can immediately
benefit from training and education initiatives.  Some excellent
suggestions were filed by commenters on training for EAS
participants.  The Society of Broadcast Engineers suggested that
the FCC create more positive initiatives to integrate emergency
communications information into the routine functions at
broadcast stations.  The Westinghouse Broadcasting Company
said: "The new EBS structure might also be taught in our public
schools as part of a safety and first aid curriculum."
     142.  EAS Operating Handbook.  To avoid confusion with the
many current forms used by the EBS staff, we will update our
informational materials to enhance the effectiveness of the new
EAS.  The EBS Checklist will be replaced with the EAS Operating
Handbook.  The Handbook will contain in summary form the actions
required of broadcast stations, cable systems, and other
participating entities upon receipt of emergency notifications,
terminations, tests, and state and local alerts.  It will also
contain monitoring guidelines and examples of EAS codes.  A copy
of the Handbook must be located at normal duty locations and be
immediately available to staff responsible for authenticating
messages and initiating actions.
     143.  Mapbooks.  The FCC mapbooks list locations of stations
and cable systems in a state, organized by their EAS local area
and any special designations needed to identify their role in the
system.  The mapbooks are developed by the Commission based on
the state and local area plans.  They are distributed to all
broadcast stations, to all cable systems, and to other parties
who are interested in participating in EAS.
     144.  Video and Audio Training Aids.  As a result of the
field tests we held, potential users of the EAS said instructions
on how to use the new equipment would be necessary.  Because the
new EAS will have a potential 30,000 participants, we have
decided to require all manufacturers, when delivering EAS
equipment to broadcast stations and cable systems, to include an
instruction manual and video tape on how to install, operate and
program EAS equipment.  We also plan to produce a videotape
which will walk participants through the operations of EAS from
test to activation.
     145.  Use of Public Service Announcements (PSAs) and
Commercial Sponsorships.  In the NPRM/FNPRM the Commission sought
comments on permitting the use of PSAs to heighten awareness of
the new system and to permit commercial sponsorship of EBS tests
to foster goodwill.  Several commenters offered suggestions on
how these announcements could be integrated into a public
awareness effort, including the use of infomercials.  There was
some concern that any PSAs or commercials clearly not be a part
of the test or activation.  One commenter suggested that in order
to avoid confusing the public or extending the stations' tests,
any PSAs or commercials should also not use the new tone or
codes.
     146.  To assist efforts to promote the new EAS, we will
permit the use of PSAs or commercial sponsorship for
announcements or infomercials explaining EAS to the public.  Such
announcements may be run at any time, but cannot be a part of the
actual test or activation, and may not simulate or attempt to
copy alert tones.  If the announcement is run near the time of a
test, it must be done before the EAS digital header code or after
transmitting the EOM code.
                VI.  FURTHER NOTICE OF PROPOSED RULE MAKING
     A.   Further issues regarding cable systems
     147.  While the Commission has determined that cable
participation is mandatory, there are related subsidiary issues
that we believe require more extensive information.  In this
section, we seek further comment on a number of proposals
regarding cable, MDS, SMATV, and Video Dial Tone (VDT).
     148.  Small cable system considerations.  NCTA in their
filings has continued to request that small systems be excluded
and that there be a phase-in period for larger systems.  We
realize that the cable industry is undergoing dramatic change and
that cost of participating in the EAS must be planned and
budgeted.  Furthermore, because the cable industry may need more
time to examine the best way to integrate EAS equipment into the
headend, and because cable is being required for the first time
to participate, we are allowing all cable systems an additional
year for required equipment purchases beyond what is required of
broadcasters.
     149.  After examining the comments and data compiled thus
far in this proceeding, we find that we would like more
information to evaluate and balance the competing interests
regarding the participation of "small" cable systems.  Therefore,
we have determined that the best course of action is to seek
further comment on whether the obligations imposed by this order
on cable systems generally should be waived or modified for some
systems, in particular, for "small" systems or, whether an
exemption should apply to those systems.
     150.  As discussed earlier at para. 123, there are waiver
standards for broadcast participation in EBS and in the new EAS.
The waiver process allows broadcasters to seek relief from
certain requirements on a case-by-case basis.  Therefore, we
believe it is fitting to also seek comment on whether a similar
waiver policy or a broader exemption would be equally appropriate
for cable systems.  Section 624(g) of the Communications Act
requires the Commission to prescribe standards "to ensure that
viewers of video programming on cable systems are afforded the
same emergency information as is afforded by the emergency
broadcasting system pursuant to Commission regulations...."  We
ask for comment on whether an exemption or special waiver policy
for small cable systems is consistent with this mandate in light
of the fact that we now provide waivers for broadcast stations.
     151.  We seek comments on the size standard that the
Commission should adopt in defining small systems.  In
particular, we seek comments on whether we should adopt the Small
Business Administration definition of small cable systems. That
standard defines small businesses as those with annual gross
revenues of less than $11 million.  Alternatively, should the
definition be based on some other figure for gross revenue, some
other criterion such as number of subscribers, or some other
combination of these criteria?  For example, should we define
small cable systems based on the number of subscribers, such as
5,000 or fewer, or even 1,000 or fewer?  To assist us in our
determination, we seek comments on the costs and benefits of
cable participation in EAS associated with the size standards
proposed herein, or any other size standard described by the
commenters.  In this regard, we seek comment on whether the
Commission should exempt all cable systems meeting certain size
criteria or whether we should proceed by waiver on a case-by-case
basis taking into consideration size of the system as one of
several factors.  We also seek comment as to other factors that
would be relevant to a waiver determination.
     152.  Second, we seek comments on whether availability to
small cable system subscribers of alternative sources of
emergency information should be a factor relevant to the
determination to waive or exempt participation by any cable
system.  If so, how should that factor be measured and weighed in
the decision?  In this connection, we also seek comments on
whether there are other circumstances that would weigh in favor
of or against affording exemptions to small cable systems.  For
example, should a small cable system be exempt from EAS
participation in an area where there are no other radio or
television stations?
     153.  Potential preemption of state and local standards.
The rules we adopt today serve only as a floor for cable systems'
participation in the EAS.  Our EAS rules only require national
emergency announcements.  Over 4,000 cable systems, however, have
local emergency announcement requirements in their franchises.
Many local jurisdictions, such as those near nuclear power plants
or on flood plains, may have special emergency alerting needs.
We encourage local officials to permit cable operators to remove
equipment installed under local franchising agreements and
convert to EAS equipment.  We seek further comment as to whether
the existence of conflicting requirements imposed by local
franchising authorities poses any threat to the federal objective
of maintaining EAS nationwide alerting capability and, if so,
whether we should preempt application of these conflicting
requirements.
B.   Services under further consideration
     154.  In this Order, we have identified broadcasting and
cable as mandatory participants in EAS.  We have encouraged the
voluntary participation of satellite, DBS, telephone and cellular
carriers, public service providers and other services such as
Digital Audio Radio and HDTV as they come on line.  In this
section, we seek further comments on whether additional services
should be required to participate or whether their participation
should be voluntary.
     155.  In the NPRM/FNPRM, the Commission sought comments on
including services such as Multipoint Distribution Service
(MDS), Satellite Master Antenna Television Systems (SMATV) and
others in the new EAS.
     156.  Commenters who addressed these proposals supported
allowing all services to participate in the EAS.  The majority
pointed to the proliferation and speed with which new services
are being developed and the need for a framework that can
accommodate this growth.  This concern was exemplified by one
commenter who stated "We must replace the old system with a new
system that is not only technically advanced today, but will be
advanced and expansive after the turn of the century."
Several entities in the satellite industry filed comments
supporting the inclusion of satellite technology and DBS in any
new system.  The National Cable Television Association (NCTA)
and the Community Antenna Television Association (CATA) voiced
their support for "incorporating new technical advances and
promoting interoperability with all technologies including
broadband cable, fiber optics and satellites."
     157.  We agree with commenters that it is important to
include all services that are interested in and capable of
providing emergency communications to the public.  We recognize
that different services and technologies offer unique alerting
techniques.  To incorporate the benefits of varied services and
technologies, we have designed the EAS equipment to use a digital
signalling protocol that is usable by all services.  We seek
comments on whether the specific services discussed below should
be required to participate.
     Multipoint Distribution Service (MDS)
     158.  MDS, or "wireless cable," is a service that delivers
information and programming to a preselected audience within a
community.  A local MDS station transmits programming over the
air on microwave frequencies to a special receiving antenna
located on the subscriber's roof.  This antenna takes the
microwave signals and feeds them into a converter that puts the
information on VHF channels of conventional televisions sets.
     159.  We propose that MDS system operators be required to
have EAS decoders.  This will ensure that they will be able to
receive alerts and transmit them to their subscribers, either
automatically or manually.  We propose that they not be required
to have EAS encoders but encourage them to do so.  During an
alert, we propose that MDS systems provide: (1) an all channel
audio message override; 2) momentary video interrupt of short
durations on all channels; 3) at least one video message override
channel; and 4) either all channel override or an alternative
means of providing alerting information to hearing impaired or
deaf subscribers.
     160.  Participation by MDS service providers in EAS would be
required for both exclusive and leased channels (i.e., at times
an ITFS channel is used for MDS).  The level of participation
would be equivalent to the standards that will be required of
cable systems.  Although this requirement would not apply to ITFS
licensees, the Commission is interested in carriage of EAS alerts
and warnings by MDS operators regardless of the frequencies used.
We seek further comment on the appropriate role for MDS providers
in EAS, how MDS participation should be structured, and on the
costs and benefits of MDS participation in EAS.  We also seek
comment on whether any MDS systems should be exempted.  In
concordance with the issues that we raised concerning exemptions
for small cable systems, see paras. 148-152, supra, we seek
comments on the factors that should be taken into consideration
in exempting any MDS systems.  Finally, we seek comment on the
timetable for MDS participation if mandatory participation is
ordered.
     Satellite Master Antenna TV (SMATV)
     161.  In earlier Commission action the National Private
Cable Association claimed a potential market of 17 to 22 million
SMATV subscribers and noted the valuable service they provided to
customers.  As discussed elsewhere, it is important to the safety
of life and property for all service providers with a substantial
audience or subscriber base to participate in the EAS.  We seek
further comments on whether participation in EAS by SMATV should
be mandatory or voluntary, and on the costs and benefits of their
participation in EAS.  We also seek further comments on the
timetable for SMATV participation if we determine that its
participation should be mandatory.
     162.   Although the rules in Part 11 do not require SMATV
systems to participate in EAS, they are encouraged to do so.
If they elect to participate, they are expected to follow the
same guidelines and rules which are laid out for cable service
providers.  For those SMATV entities, as well as smaller cable
systems and MDS providers, that elect at this time to voluntarily
provide EAS to their customers, they are encouraged to follow the
same implementation timetable as cable.
     Video Dial Tone
     163.   We recently finalized our policies establishing the
regulatory framework for telephone companies to deliver video
programming on a common carrier basis and to engage in certain
other unregulated activities.  We anticipate that telephone
companies will begin the commercial provision of such "video dial
tone" in the relatively near future.  We solicit comment on
whether provision of such services should be subject to EAS
requirements, and if so, whether they should be the same as,
similar to, or different from those we are mandating for cable
systems.  Parties should comment on the question of whether
participation in EAS may constitute the provision of video
programming and whether the obligation to participate in EAS
should be imposed on the common carrier video dialtone service
provider or the programmer customer.  Parties should address the
similarities or differences between video dialtone service and
cable service in discussing application of EAS requirements to
video dialtone.
 VII. IMPLEMENTATION TIMETABLE
     164.  There was some discussion in the comments regarding
whether existing emergency systems in broadcast and cable
facilities, some with very advanced technology, must be replaced
with the proposed new equipment.  Those commenters suggested that
flexibility should be afforded to systems that have existing
equipment so they might implement the new scheme with existing
equipment, and possibly phase out existing equipment over a
number of years.  One commenter suggested that "[T]he system
should be able to be accomplished at reasonable cost and that the
program as it applies to cable systems not render obsolete
existing warning equipment which many operators have already
installed."
     165.  Various commenters have stated the need for adequate
time to install new equipment:  The Community Broadcasters
Association noted "[I]mprovement must be balanced against
allowing enough time for the equipment market place to become
reasonably competitive."  In order to achieve the maximum
benefit from the new EAS, all EAS participants must have
equipment that is compatible with a common digital alerting
protocol.
     166.  We have developed a timetable to phase out existing
equipment and to phase in the new digital EAS equipment.  The
time allotted reflects our assessment, based on the record in
this proceeding, of the lead time needed by industry to develop,
produce, and install new equipment balanced against the public
interest in rapid implementation of the new EAS.  Broadcasters,
cable operators, engineers, utility companies and others
frequently inform us they are seeking estimates to budget new
equipment, request waivers of the requirement to repair broken
EBS equipment, and inquire into the status of this rule making,
which might require them to upgrade their facilities.  Therefore,
pursuant to provisions outlined in this Order, all EAS
participants, regardless of service, are required to purchase
prescribed equipment subject to any waiver or exemption policy.
All participants may take advantage of the phase-in periods in
order to budget for the purchase the new equipment.
     167.  Broadcasters.  Broadcasters have long been the
backbone of the EBS.  We want them to be able to implement the
new EAS quickly to realize the cost and operational advantages of
the new system.  Therefore, we are requiring that broadcasters
replace EBS equipment with EAS equipment according to the
following timetable: from the date of adoption of this Order
until July 1, 1996, the new equipment will be optional for
broadcasters.  After that date the equipment will be required.
There will be a one year overlap, or "debugging" period from July
1, 1996 to July 1, 1997 to ensure that the new architecture is
effective and the equipment is operational.  The old EBS
equipment must be retained and kept operational during this
debugging period.  After July 1, 1997, the old two-tone signal
will be used as an actual alert signal and not for testing or
interstation signalling.
     168.  More specifically: (1) existing two-tone decoders at
broadcast stations must be modified by July 1, 1995 to be capable
of decoding the shortened 8 second two-tone signal; (2) after
July 1, 1995, stations may transmit the shortened two-tone
attention signal for not less than eight seconds nor more than 25
seconds; (3) use of the new EAS digital signal is optional
until July 1, 1996 for broadcast stations; (4) key EAS sources
are advised to begin using the new digital signal as soon as
equipment is available; (5) after July 1, 1997, the two-tone must
be used only as an audio alert signal for the monthly test and
actual emergency messages; and (6) class D FM and low power
television stations must have decoders according to the above
timetable for broadcasters.
     169.  Cable.  Because the cable industry is a newcomer to
EAS and will likely require a longer time period to integrate the
equipment into facilities, to consolidate headends further, and
to implement new plant configurations, we will grant cable
systems an additional one year to install EAS equipment.  Cable
systems must provide all audio override and video on at least one
channel and must comply with provisions of the rules (see
Appendix E) by July 1, 1997.  For entities that elect at this
time to voluntarily provide EAS to their customers, they are
encouraged to follow the same implementation timetable as cable.
     170.  In order to encourage rapid manufacture and deployment
of the new EAS equipment, we will authorize immediate use of the
equipment on an EAS state or local area basis.  This includes
performing the new monthly on-air and weekly unobtrusive tests in
lieu of the existing weekly on air two-tone tests.  Authorization
can be obtained through written request to the Commission's EAS
office after all broadcast stations in an EAS local area have
installed new EAS required equipment, demonstrated representation
of cable systems in their state or local emergency communications
committee plans, and complied with the new Part 11 requirements.
At that time, the old EBS equipment may be removed.
                             VIII. CONCLUSION
     171.  With this Report and Order/Further Notice of Proposed
Rule Making, we adopt new rules for the establishment of an
Emergency Alert System that is designed with a flexible
architecture to accommodate current and future technologies and
that will deliver instantaneous emergency information to the
public.  The new rules will require the participation of
broadcast and cable systems and encourage additional voluntary
participation by eliminating many of current obsolete technical
requirements and operational burdens.  The new system will
emphasize speed, reliability, and efficiency.
     172.  We will also be seeking further comment on how MDS,
and SMATV and VDT should participate in EAS and whether a defined
class of "small" cable systems should be excused from
participation.
     173.  This new system will give greater protection to the
American public during emergencies regardless of their activity,
special language needs, or individual impairments. The new rules
adopted by this Order provide a variety of options for sending
and receiving emergency alerts.  They are flexible enough to
allow for future changes in technologies and consumer products in
ways we cannot presently predict, but for which we must be
prepared.
                          IX. PROCEDURAL MATTERS
A.   Final Regulatory Flexibility Analysis
     174.  Pursuant to the Regulatory Flexibility Act of 1980, 5
U.S.C.  603, the Commission's final regulatory flexibility
analysis for the foregoing Report and Order is as follows:
     I.  Need and Purpose of this action:  Technologies have
dramatically improved since the last major modifications to the
EBS.  The new EAS will significantly improve the ability to
safeguard the American public during emergencies and ensure that
there is compatibility in equipment through the adoption of new
emergency alerting equipment.  A new operational structure will
streamline and enhance the efficiency of the EAS, a new rule
section will prohibit the unauthorized transmission of the EAS
alerting signal, and new special codes will be utilized to ensure
the public's safety.
     II.  Summary of the issues raised by the public comments in
response to the Initial Regulatory Flexibility Analysis:  There
were no comments submitted in response to the Initial Regulatory
Flexibility Analysis.
     III.  Significant alternatives considered:  There were no
significant alternatives considered that could better accomplish
the modernization of the presently outdated EBS.
B.   Initial Regulatory Flexibility Analysis
     175. Pursuant to the Regulatory Flexibility Act of 1980, 5
U.S.C.  603, the Commission's initial analysis for the foregoing
Further Notice of Proposed Rule Making is as follows.
     176. Need and Objectives of this Action: Cable systems who
are required to participate in the EAS will have to make an
initial capital investment to do so.  The Commission is concerned
that such a requirement could prove burdensome for some smaller
cable systems and therefore seeks comment on whether and to what
extent smaller cable systems should not have to participate in
the EAS.  The Commission also seeks further comments on how cable
companies should recover any cost of participating in the new
EAS.  The Commission asks whether additional technologies such as
the Multipoint Distribution Service, Satellite Master Antenna
Television and Video Dial Tone should be required to participate
in EAS.  Finally, the Commission seeks comment on whether and to
what extent additional or more stringent requirements imposed by
local franchising authorities for emergency alerting pose a
threat to the federal purpose and should be preempted.
     177.  Legal Basis:  This action is proposed in accordance
with Sections 1, 4(i) and (o), 303(r), and 624(g) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)
and (o), 303(r) and 624(g).
     178.  Description, Potential Impact and Number of Small
Entities Affected:  There are approximately 11,000 cable systems
who are required to participate in the EAS.  Depending on whether
and to what extent the Commission decides to waive participation
by smaller cable systems in the EAS, some portion of these
systems will not be required to purchase the EAS equipment and
participate in EAS.  There are an unknown number of MDS licensees
in operation and an unknown number of unregulated SMATV systems
in existence.  Most of these are likely to be small entities.  If
the Commission requires MDS and SMATV systems to participate in
the EAS, they will have to make a capital investment to purchase
necessary equipment.  The size of this investment will depend on
the extent to which the Commission requires them to participate
in the EAS.
     179. Recording, Record Keeping and Other Compliance
Requirements:  Smaller cable, MDS, SMATV, and Video Dial Tone
systems would be required to keep records of when encoders and
decoders are taken out of service for any modifications adopted
and when they are returned to operation.  This is a current
requirement for participants.
     180.  Federal Rules which Overlap, Duplicate or Conflict
with this Rule:  None.
     181.  Any Significant Alternatives Minimizing the Impact on
Small Entities and Existing Licensees and Consistent with the
Stated Objectives:  Because the new EAS system depends for its
effectiveness on all participants using the same equipment and
operating procedures, there is a limited amount of flexibility,
short of not requiring participation in EAS at all, that the
Commission can afford without compromising the utility of EAS.
Not requiring participation in the EAS at all, however, could
have adverse effects on the public in case of an emergency.
     182.  Comment Provision.  Pursuant to the applicable
procedures set forth in Sections 1.415 and 1.419 of the
Commission's Rules and Regulations, interested parties may file
comments on or before February 22, 1995 and reply comments on or
before March 24, 1995.  Parties submitting comments should
include any statistical data or analyses and the methodology for
arriving at their conclusions in their comments.  All relevant
and timely comments will be considered by the Commission before
final action is taken in this proceeding.  To file formally in
this proceeding, Docket 91-171/91-301, participants must file an
original and six copies of all comments, reply comments, and
supporting comments.  If participants want each Commissioner to
receive a personal copy of their comments, an original plus
eleven copies must be filed.  Comments and reply comments should
be sent to Office of Secretary, Federal Communications
Commission, Washington, D.C. 20554.  Comments and reply comments
will be available for public inspection during regular business
hours in the FCC Reference Center(Room 239) of the Federal
Communications Commission, 1919 M Street, N.W., Washington, D.C.
20554.
     183.  Ex Parte Rules - Non-Restricted Proceeding.  This is a
non-restricted notice and comment rule-making proceeding.  Ex
parte presentations are permitted, except during the Sunshine
Agenda period, provided they are disclosed as provided in
Commission rules.  See generally 47 C.F.R.  1.1202, 1.1203, and
1.1206(a).
                            X. ORDERING CLAUSE
     184.  ACCORDINGLY, IT IS ORDERED that, pursuant to the
authority contained in Sections 1, 4(i) and (o), and 303(r),
624(g), and 706 of the Communications Act of 1934, as amended, 47
U.S.C.  151, 154(i) and (o), and 303(r), 544(g), and 606, Part
73, Subpart G, of the Commission's Rules and Regulations IS
REMOVED in its entirety.  The attached new rules are incorporated
into a new Part 11 of Title 47 of the Code of Federal
Regulations, as set forth in Appendix E.
     185.  IT IS FURTHER ORDERED, that Section 0.311 of the
Commission's Rules is amended as set forth in Appendix E.
     186.  IT IS FURTHER ORDERED, that this Report and Order will
be effective thirty (30) days after publication of a summary
thereof in the Federal Register.
     187.  IT IS FURTHER ORDERED, that pursuant to the provisions
of Sections 1, 4(i) and (o), and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 154(i) and (o), and 303(r),
there is HEREBY INSTITUTED a Further Notice of Proposed Rule
Making into the matters discussed above.
     188.  IT IS FURTHER ORDERED, that a copy of this Report and
Order and Further Notice of Proposed Rule Making shall be sent to
the Chief Counsel for Advocacy of the Small Business
Administration.
     189.  For further information on this Report and Order and
Further Notice of Proposed Rule Making, contact Helena Mitchell,
FCC Compliance and Information Bureau, Room 720, 1919 M Street,
N.W., 20554, (202) 418-1220.
                              FEDERAL COMMUNICATIONS COMMISSION
                              William F. Caton
                              Acting Secretary                                APPENDIX A
                   COMMENTS FOR FO DOCKET 91-301/91-171
1.   KJQY (FM); filing city, Washington, DC
2.   State of Delaware, Department of Public Safety, Emergency
     Planning and Operations Division; Delaware City, Delaware
3.   State of Ohio Adjutant General's Department; Columbus, Ohio
4.   WVMX; South Burlington, Vermont
5.   WNGO-WXID; Mayfield, Kentucky
6.   South Carolina Broadcasters Association; Columbia, South
     Carolina
7.   KWFM/KWFM-FM; Tucson, Arizona
8.   The South Carolina Division of Information Resource
     Management; filing city, Washington, DC
9.   Dynatech Cable Products Group; Salt Lake City, Utah
10.  EBS Waco Operation Area; Waco, Texas
11.  Lee Sutherlard Parr, Broadcast Engineer; Pedlar Mills,
     Virginia
12.  RE AMERICA, INC.; Westlake, Ohio
13.  Charles William Sepmeier; Avon, Colorado
14.  Broadcast Services of Colorado, Inc.; Lakewood, Colorado
15.  Burk Technology, Inc.;
16.  Cablevision Industries Corp.; filing city, Washington, DC
17.  Capital Cities/ABC, Inc.; New York, New York
18.  Consumer Electronics Group Electronic Industries
     Association; Washington, DC
19.  Community Broadcasters Association; filing city, Washington,
     DC
20.  CUE Network Corporation; filing city, Washington, DC
21.  Gorman-Redlich; Athens, Ohio
22.  Information Age Systems, Inc.; Salt Lake City, Utah
23.  InterMedia Partners; filing city, Washington, DC
24.  KGB-FM/KPOP (AM); San Diego, California
25.  National Association of Broadcasters; Washington, DC
26.  National Cable Television Association, Inc. and Community
     Antenna Television Association, Inc.; filing city,
     Washington, DC
27.  National Public Radio; Washington, DC
28.  New York State Commission on Cable Television; Albany, New
     York
29.  William F. Ruck Jr., Broadcast Engineer; San Francisco,
     California
30.  Sage Alerting Systems, Inc.; Stamford, Connecticut
31.  Scientific-Atlanta; Atlanta, Georgia
32.  The Society of Broadcast Engineers, Incorporated; filing
     city, Washington, DC
33.  The Society of Cable Television Engineers; filing city,
     Washington, DC
34.  State of New Jersey, Board of Regulatory Commissioners;
     Newark, New Jersey
35.  TFT, Inc.; Santa Clara, California
36.  Time Warner Entertainment Company, L.P.; filing city,
     Washington, DC
37.  United States Satellite Broadcasting Company, Inc.; filing
     city, Washington, DC
38.  Westinghouse Broadcasting Company, Inc.; filing city,
     Washington, DC
39.  WHBC/WHBC-FM; Canton, Ohio
40.  WWLI/WLKW; Providence, Rhode Island
41.  Kentucky Broadcasters Association; Lebanon, Kentucky
42.  Consumer Electronics Group of the Electronic Industries
     Association; filing city, Washington, DC
43.  Kevin Mark Corwin, Student; California
44.  WLBN - WLSK Radio; Lebanon, Kentucky
45.  Nutmeg Broadcasting Company, Connecticut Broadcasters
     Association; Connecticut
46.  Rhode Island Broadcasters' Association; Rhode Island
47.  WSNE; East Providence, Rhode Island
48.  WRVN; Lexington, Nebraska
49.  San Mateo Operational Area Office of Emergency Services;
     Redwood City, California
50.  Idaho State Broadcast Association; Boise, Idaho
51.  Long Island Radio Broadcasters Association; Melville, New
     York
52.  WTAI Talk Radio; Milbourne, Florida
53.  Radio Harlan, Inc.; Harlan, Kentucky
54.  Washington Area Broadcasters Association; Washington, DC
55.  State of Nebraska, State Civil Defense Agency; Lincoln,
     Nebraska
56.  AM/FM Services Company; Edmond, Oklahoma
57.  WLRS-FM; Louisville, Kentucky
58.  Multi-Technical Services, Inc; Clayton, North Carolina
59.  Pennsylvania Emergency Management Agency; Harrisburg,
     Pennsylvania
60.  Axcess, USA; Metairie, Louisiana
61.  Jefferson County Emergency Management; Beaumont, Texas
62.  Quad Dimension, Inc.; Overland Park, Kansas
63.  National Weather Service; Silver Spring, Maryland
64.  State of Minnesota Department of Public Safety; St. Paul,
     Minnesota
65.  WBOY-TV; Clarkburg, West Virginia                                APPENDIX B
                 REPLY COMMENTS FOR FO DOCKET 91-301/91-171
1.   Middlesex County Emergency Management; Sayreville, New
     Jersey
2.   KFGG Radio; Corpus Christi, Texas
3.   Bell Atlantic Companies; filing city, Washington, DC
4.   Capital Cities/ABC, Inc.; New York, New York
5.   Dynatech; Salt Lake City, Utah
6.   EBS Waco Operational Area; Waco, Texas
7.   National Association of Broadcasters; Washington, DC
8.   SAGE Alerting Systems, Inc.; Stamford, Connecticut
9.   SCOPE CABLE TELEVISION; Blair, Nebraska
10.  Time Warner Entertainment Company, L.P.; filing city,
     Washington, DC
11.  U.S. Telephone  Association; Washington, DC
12.  Westinghouse Broadcasting Company, Inc.; Washington, DC
13.  Kenneth A. Wright; Englewood, Colorado
14.  CBS, Inc.; filing city, New York, New York
15.  WDAF-AM/KYYS-FM; Kansas City, Missouri
16.  Federal Emergency Management Agency; Washington, DC
                                APPENDIX C
                  COMMENTS FOR PN FO DOCKET 91-301/91-171
1.   Self Help for Hard of Hearing People; Martinez, California
2.   Jefferson County Emergency Management; Beaumont, Texas
3.   Rohde & Schwarz; Lanham, Maryland
4.   Axcess USA; Metairie, Louisiana
5.   EBS Waco Operational Area; Waco, Texas
6.   Information Age Systems, Inc.; Salt Lake City, Utah
7.   Jefferson County; Beaumont, Texas
8.   RE AMERICA; Westlake, Ohio
9.   WIN Communications Inc.; Norwalk, Connecticut
10.  Duke Baugh; Baltimore, Maryland
11.  Nutmeg Broadcasting Company; Connecticut
12.  Connecticut State Emergency Communications Committee;
     Wethersfield, Connecticut
13.  Nicholas Lemonakis; Baltimore, Maryland
14.  South Carolina Broadcasters Association; Columbia, South
     Carolina
15.  Mountain Cablevision; Frazier Park, California
16.  University of Colorado at Colorado Springs; Colorado
     Springs, Colorado
17.  WVMX; Stowe, Vermont
18.  The American Council of the Blind of Maryland; Lutherville,
     Maryland
19.  ALBRIT Technologies Limited; New York, New York
20.  Capital Cities/ABC, Inc.; New York, New York
21.  CUE Network Corporation; Irvine, California
22.  Data Broadcasting Corporation Group; San Mateo, California
23.  Denon/Nippon Columbia; Rockaway, New Jersey
24.  Hammett & Edison; Burlingame, California
25.  Information Age Systems, Inc.; Salt Lake City, Utah
26.  Intermedia Partners; filing city, Washington, DC
27.  Middlesex County Emergency Management; Sayreville, New
     Jersey
28.  National Association of Broadcasters; filing city,
     Washington, DC
29.  National Cable Television Association, Inc.; Fairfax,
     Virginia
30.  Safely Alert Monitor; Greeley, Nebraska
31.  SAGE Alerting Systems, Inc.; Stamford, Connecticut
32.  South Carolina Broadcasters Association; Columbia, South
     Carolina
33.  Time Warner Entertainment Company, L.P.; New York, New York
34.  TFT Inc.; Santa Clara, California
35.  Richard T. Walsh, Vice President/Chief Engineer;
36.  Mountain Cablevision, Inc.; New York, New York
37.  Country Cable, Inc.; San Diego, California
38.  Centro de instrumentacion y registro sismico, a.c.; Mexico
     City, Mexico
39.  Idea/onics; Mayville, North Dakota
40.  Northern Virginia Resource Center for Deaf and Hard of
     Hearing Persons; Fairfax, Virginia
41.  The Small Cable Business Association; Coraopolis,
     Pennsylvania
42.  National Center for Law and Deafness; filing city,
     Washington, DC
               REPLY COMMENTS FOR PN FO DOCKET 91-301/91-171
1.   Data Broadcasting Corporation; San Mateo, California
2.   Idea/onics; Mayville, North Dakota
3.   The National Cable Television Association, Inc., and The
     Cable Telecommunications Association, Inc.; Fairfax,
     Virginia
4.   WANN (AM); Annapolis, Maryland
5.   Dynatech; Salt Lake City, Utah
6.   Electronic Industries Association; Washington, D.C.
7.   HollyAnne Corporation; Greely, Nebraska
8.   Sage Alerting Systems, Inc.; Stamford, Connecticut
9.   TFT, Inc.; Santa Clara, California
10.  Albrit Technologies Limited and Altronix Systems Corp.; New
     York, New York                                APPENDIX D
                          FIELD TEST PARTICIPANTS
                      Western Test - Denver, Colorado
1.   Amateur Radio Operators:  KBOHIO; Thorton, Colorado:  NOLDZ;
     Thorton, Colorado:  NOOMA; Westminster, Colorado: KOZL;
     Arvado, Colorado:  NOTAO; Golden, Colorado:  WD8RJK;
     Littleton, Colorado:  NOPDB; Denver, Colorado
2.   CADCO; Garland, Texas
3.   California Office of Emergency Services; Sacramento,
     California
4.   Capital Cities/ABC; New York, New York
5.   CMBE; Denver, Colorado
6.   Colorado - SECC Chair; Lakewood, Colorado
7.   Colorado Division of Disaster Emergency Services; Golden,
     Colorado
8.   Colorado State University; Denver, Colorado
9.   Cue Network Corp.; Irvine, California
10.  Dynatech; Salt Lake City, Utah
11.  EBS Advisory Committee; Hollywood, California
12.  Electronic Industries Association; Washington, DC
13.  Federal Communications Commission; Washington, DC; Lakewood,
     Colorado; Baltimore, MD; Grand Island, Nebraska
14.  Gorman - Redlich Manufacturing; Athens, Ohio
15.  Federal Emergency Management Agency; Denver, Colorado
16.  Hammett & Edison; San Francisco, California
17.  Information Age Systems; Salt Lake City, Utah
18.  Information Systems Laboratories, Inc.; Vienna, Virginia
19.  JC Humke and Associates; Aurora, Colorado
20.  KBNO AM (Spanish language station); Denver, Colorado
21.  KCFR-FM, NPR Network; Denver, Colorado
22.  KCNC-TV; Denver; Colorado
23.  KOA-AM; Denver; Colorado
24.  KRFX-FM; Denver; Colorado
25.  KRMA-TV; Denver; Colorado
26.  National Public Radio; Washington, DC
27.  National Telecommunications and Information Administration;
     Boulder, Colorado
28.  National Weather Service; Denver, Colorado
29.  NEMAR; Dallas, Texas
30.  NOAA NWS; Kansas City, Missouri
31.  Public Service Company of Colorado; Denver, Colorado
32.  SAGE; Stamford Connecticut
33.  SAM; Greeley, Nebraska
34.  Self Help for Hard of Hearing People; Martinez, California
35.  Society of Cable Television Engineers; Englewood, Colorado
36.  Storm Watcher; Jackson, Mississippi
37.  TCI of Colorado; Englewood, Colorado
38.  TFT; Santa Clara, California
39.  Time Warner Cable; Englewood, Colorado
40.  University of Denver, Mass Communications Department;
     Denver, Colorado
41.  WANN; Annapolis, Maryland
42.  WBAL AM/TV, WIYY (FM); Baltimore, Maryland
                    Eastern Test - Pikesville, Maryland
1.   Adelphia Cable Communications; Staunton, Virginia
2.   Altronix Systems Corporation; Denville, New Jersey
3.   ARRL; College Park, Maryland
4.   Axcess USA; Metairie, Louisiana
5.   Baltimore County Office of Emergency Preparedness; Towson,
     Maryland
6.   Baltimore Gas and Electric; Baltimore, Maryland
7.   CAN/AM Consulting Limited; Queenstown, Maryland
8.   Capital Cities/ABC; New York, New York
9.   Carroll County Emergency Management; Westminster, Maryland
10.  City of Annapolis Public Transportation; Annapolis, Maryland
11.  Colorado - SECC Chair; Lakewood, Colorado
12.  Comcast Cablevision of Maryland, Inc.; Timonium, Maryland
13.  CUE Network; Irvine, Calfornia
14.  Denon America; Rockaway, New Jersey
15.  Dynatech; Salt Lake City, Utah
16.  EBSAC Technical Standards Chair; Whittier, California
17.  Electronic Industries Association; Washington, DC
18.  Federal Communications Commission; Washington, DC;
     Baltimore, Maryland; Columbia, Maryland
19.  Gallaudet University; Washington, DC
20.  Gorman Redlich Manufacturing; Athens, Ohio
21.  Hartford County Division of Emergency Operations; Forest
     Hill, Maryland
22.  Hollyanne - SAM; Greeley, Nebraska
23.  Howard County Office of Emergency Management & Civil
     Defense; Columbia, Maryland
24.  IDB Broadcast; Washington, DC
25.  Information Age Systems; Salt Lake City, Utah
26.  Information Systems Laboratories, Inc.; Vienna, Virginia
27.  Maryland Emergency Management Agency; Pikesville, Maryland
28.  Maryland Public Television; Owings Mills, Maryland
29.  National Association of Broadcasters; Washington, DC
30.  National Weather Service; Baltimore, Maryland
31.  Prince George's County Office of Emergency Prepardness;
     Landover, Maryland
32.  SAGE; Stamford, Connecticut
33.  SECC, Louisiana; Hammond, Louisiana
34.  SECC, South Carolina; Florence, South Carolina
35.  Society of Broadcast Engineers; Baltimore, Maryland
36.  Society of Cable Television Engineers; Stauton, VA
37.  Television For All; Silver Spring, Maryland
38.  TFT, Santa Clara, California
39.  U.S. Satellite Broadcasting Co., Inc.; St. Paul, Minnesota
40.  United Artist Cable of Baltimore; Baltimore, Maryland
41.  WAMD; Aberdeen, Maryland
42.  WANN; Annapolis, Maryland
43.  WBAL-AM/TV, WIYY-FM; Baltimore, Maryland
44.  WCEI AM/FM, Easton, Maryland
45.  WERQ; Baltimore, Maryland
46.  WJHU-FM; Baltimore, Maryland
47.  WMDO AM/TV; Silver Spring, Maryland
48.  WPOC; Baltimore, Maryland
49.  WSCL FM - NPR Affiliate; Salisbury, Maryland
Specific individuals who represented their company may be found
in the complete files of the Western Field Test and Eastern Field
Test of Proposed Parameters for the Modernization of the
Emergency Broadcast System.                                APPENDIX E
     Parts 0, 11, 73 and 76 of Chapter I of Title 47 of the Code
of Federal Regulations is amended as follows:
     Part 0--COMMISSION ORGANIZATION
     1.   The authority citation for Part 0 continues to read as
follows:
     Authority:  Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C.
155.
     2.  Section 0.182 is amended by revising the heading and
paragraph (d) to read as follows:
      0.182  Chief, Compliance and Information Bureau .
     * * * * *
     (d)  Provides administrative support for the National
Advisory Committee (NAC).
                                 * * * * *
     3.   Section 0.183 is revised to read as follows:
      0.183  Emergency Communications Administration.
     The Compliance and Information Bureau coordinates the
National Security and Emergency Preparedness (NSEP) activities of
the Federal Communications Commission including Continuity of
Government Planning, the Emergency Alert System (EAS) and other
functions as may be delegated during a national emergency or
activation of the President's war emergency powers as specified
in section 706 of the Communications Act; maintains liaison with
FCC Bureaus/Offices, and other government agencies, the
telecommunications industry and FCC licensees on NSEP matters;
and, as requested, represents the Commission at NSEP meetings and
conferences.
     4.  Section 0.284 is amended by removing paragraph (a)(4)
and redesignating paragraphs (a)(5) through (a)(10) as (a)(4)
through (a)(9), respectively.
                                          5.   Section 0.311 is amended by revising paragraphs (g) and
(h) to read as follows:
      0.311  Authority delegated.
                                 * * * * *
     (g)  The Chief, Compliance and Information Bureau  is
delegated authority to grant waivers of the requirements of Part
11 of this Chapter to participants required to install, operate
or test Emergency Alert System (EAS) equipment.  The Chief,
Compliance and Information Bureau is further authorized to
delegate this authority.  Waiver requests must made in writing
and forwarded to the FCC's EAS office 1919 M Street, NW
Washington, DC 20054.  Such requests must state the reason why
the waiver is necessary and provide sufficient information such
as, statements of fact regarding the financial status of the
broadcast station, the number of other broadcast stations
providing coverage in its service area or the likelihood of
hazardous risks to justify a grant of the waiver.
     (h)  The Chief, Compliance and Information Bureau is
delegated authority to execute in the name of the Commission all
agreements pertaining to the loan of United States Government
property to broadcast stations or other entities participating in
the Emergency Alert System (EAS) for national defense purposes.
The Chief, Compliance and Information Bureau is authorized to
delegate this authority.
     PART 11-EMERGENCY ALERT SYSTEM (EAS)
     6.  A new Part 11 is added to read as follows:
     Subpart A - General
     Sec.
     11.1   Purpose.
     11.11  The Emergency Alert System (EAS.
     11.12  Two-tone Attention Signal Encoder and Decoder.
     11.13  Emergency Action Notification (EAN) and Emergency
            Action Termination (EAT).
     11.14  EAN Network and Primary Entry Point (PEP)
            System.
     11.15  EAS Operating Handbook.
     11.16  National Control Point Procedures.
     11.17  Authenticator Word Lists.
     11.18  EAS Designations.
     11.19  EAS Non-participating National Authorization
            Letter.
     11.20  State Relay Network.
     11.21  State and Local Area Plans and FCC Mapbook.
     Subpart B - Equipment Requirements
     11.31  EAS protocol.
     11.32  EAS Encoder.
     11.33  EAS Decoder.
     11.34  Acceptability of the equipment.
     11.35  Equipment operational readiness.
     Subpart C - Organization
     11.41  Participation in EAS.
     11.42  Participation by communications common carriers.
     11.43  National level participation.
     11.44  EAS message priorities.
     11.45  Prohibition of false or deceptive EAS
            transmissions.
     11.46  EAS public service announcements.
     Subpart D - Emergency Operations
     11.51  EAS code and Attention Signal Transmission
            requirements.
     11.52  EAS code and Attention Signal Monitoring
            requirements.
     11.53  Dissemination of Emergency Action Notification.
     11.54  EAS operation during a National Level emergency.
     11.55  EAS operation during a State or Local Area
            emergency.
     Subpart E - Tests
     11.61  Tests of EAS procedures.
     11.62  Closed Circuit Tests of National Level EAS
            facilities.
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 606.
                            Subpart A - General
      11.1  Purpose.
     This part contains rules and regulations providing for an
Emergency Alert System (EAS).  The EAS provides the President
with the capability to provide immediate communications and
information to the general public at the National, State and
Local Area levels during periods of national emergency.  The
rules in this part describe the required technical standards and
operational procedures of the EAS for AM, FM and TV broadcast
stations, cable systems 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.
      11.11  The Emergency Alert System (EAS).
     (a)  The EAS is composed of broadcast networks; cable
networks and program suppliers; AM, FM and TV broadcast stations;
Low Power TV (LPTV) stations; cable systems; and other entities
and industries operating on an organized basis during emergencies
at the National, State, or local levels.  It requires that at a
minimum all participants use a common EAS protocol, as defined in
 11.31, to send and receive emergency alerts in accordance with
the effective dates in the following tables:
                                 TIMETABLE
                            BROADCAST STATIONS
Requirement             Until 7/1/95     7/1/95     7/1/96     7/1/97
Two-tone         20-25            8-25       8-25       8-25
encoder timing   seconds          seconds    seconds    seconds 1/
__________________________________________________________________
Two-tone         8-16 seconds     All         3-4       Two-tone
decoder          required.        decoders   seconds    decoder no
timing           3-4 seconds      at 3-4                longer used.
                 optional.        seconds.
___________________________________________________________________
Digital decoder  Use is           Use is     Use is     Use is
and encoder      optional         optional   required   required
__________________________________________________________________
                               CABLE SYSTEMS
Requirement       Until 7/1/97      7/1/97 2/
Two-tone          Use is             Use is
signal from       optional,          required,
storage           8-25               8-25
device 1/         seconds            seconds
_______________________________________________________________
Digital decoder   Use is             Use is
and encoder       optional           required 2/
_______________________________________________________________
1/  Two-tone signal used only to provide audio alert to audience
    before EAS emergency messages and required monthly test.
2/  On this date, subject cable systems shall provide: (1) a video
    message on all channels or other alerting techniques to hearing
    impaired and deaf subscribers, (2) an audio message and video
    interruption on all channels, and (3) a video message on at
    least one channel to all subscribers.
NOTE: Class D FM and low power TV stations are not required to have
two-tone or digital encoders.  LPTV stations that operate as
television broadcast translator stations are exempt from the
requirement to have EAS equipment.
                    EAS  TIMETABLE  AND  REQUIREMENTS
                            BROADCAST STATIONS
Requirement              AM       FM     FM Class D       TV       LPTV 1/
Two-tone decoder          Y        Y          Y            Y         Y
(until 7/1/97)
__________________________________________________________________________
Two-tone encoder          Y        Y          N            Y         N
__________________________________________________________________________
Digital decoder           Y        Y          Y            Y         Y
(7/1/96)
__________________________________________________________________________
Digital encoder           Y        Y          N            Y         N
(7/1/96)
__________________________________________________________________________
Audio message(7/1/96)     Y        Y          Y            Y         Y
__________________________________________________________________________
Video message(7/1/96)                                      Y         Y
__________________________________________________________________________
                                CABLE SYSTEMS
Requirement
Two-tone decoder                  N
______________________________________________________
Two-tone encoder                  N
______________________________________________________
Digital decoder                   Y
(7/1/97)
______________________________________________________
Digital encoder                   Y
(7/1/97)
______________________________________________________
Audio message                     Y 2/
on all channels
(7/1/97)
______________________________________________________
Video interruption on all          Y 3/
channels, video message on
one channel
  (7/1/97)
______________________________________________________
1/  LPTV stations that operate as television broadcast translator stations
    are exempt from the requirement to have EAS equipment.
2/  Shall transmit two-tone signal, but it may be from a storage device.
3/  Shall provide video on all channels or other alerting techniques to
    certified hearing impaired and deaf subscribers.
     (b)  Class D non-commercial educational FM stations as
defined in  73.506 and LPTV stations as defined in  74.701(f)
are not required to comply with  11.32.  LPTV stations that
operate as television broadcast translator stations, as defined
in  74.701(b) are not required to comply with the requirements
of this part.
     (c) Organizations using other communications systems or
technologies such as, Direct Broadcast Satellite (DBS), 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.
      11.12  Two-tone Attention Signal Encoder and Decoder.
     Existing two-tone Attention Signal Encoder and Decoder
equipment type accepted for use as Emergency Broadcast System
equipment under Part 73 may be used by broadcast stations until
July 1, 1997, provided that such equipment meets the requirements
of  11.32(a)(9) and 11.33(b).  Effective July 1, 1997, the two-
tone Attention Signal Decoder will no longer be required and the
two-tone Attention Signal will be used to provide an audio alert.
      11.13  Emergency Action Notification (EAN) and Emergency
Action Termination (EAT).
     (a) The Emergency Action Notification (EAN) is the notice to
all broadcast stations, subject cable systems, other regulated
services of the FCC, participating industry entities, 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 broadcast stations, subject cable systems, other regulated
services of the FCC, participating industry entities, and to the
general public that the EAN has terminated.
      11.14  EAN Network and Primary Entry Point (PEP) System.
     (a) The EAN network is a dedicated communications service
connecting industry networks, wire services and common carriers
with government activation points.  It is used to distribute EAN
and EAT messages.  The industry control locations retransmit the
EAN message, the Presidential message, and the EAT message on
their facilities to their affiliates.
     (b) The PEP system is a nationwide network of broadcast
stations connected with government activation points.  It can
also be used to distribute EAN and EAT.
      11.15  EAS Operating Handbook.
     The EAS Operating Handbook states in summary form the
actions to be taken by personnel at broadcast stations, and other
participating entities upon receipt of an EAN, subject cable
systems and other participating entities 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,
monitoring guidelines, and EAS message examples.  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.
      11.16  National Control Point Procedures.
     (a)  The National Control Point Procedures are written
instructions issued by the FCC to national level EAS control
points.  They are for use by the participating radio and
television networks, cable networks and program suppliers, common
carriers and wire services.  The procedures are divided into
sections as follows:
     (1) National Level EAS Activation.  This section contains
the activation and termination instructions for Presidential
messages.
     (2) EAS Test Transmissions.  This section contains the
instructions for testing the EAS at the National level.
     (3) National Information Center (NIC).  This section
contains instructions for distributing United States Government
official information messages after completion of the National
Level EAS activation and termination actions.
      11.17  Authenticator Word Lists.
     There are three lists issued by the FCC annually.  The lists
are to be used by EAS participants to ensure that the National
level alerts and tests are legitimate.  The lists must be used in
accordance with directions in the EAS Operating Handbook and the
National Control Point Procedures.  LPTV stations do not receive
authenticator lists.
     (a) Red Envelope Authenticator List.  This list is used for
authentication purposes in accordance with instructions in the
EAS Operating Handbook and National Control Point Procedures.  It
is issued to all broadcast stations and specified control points
of the radio and television networks, cable networks and program
suppliers, common carriers, wire services and other specified
entities.  A current copy of this list must be located in the
pocket on the inside front cover of the EAS Operating Handbook.
This list should be opened only to authenticate receipt of an EAN
message and an EAT message from the above control points.  The
FCC may request immediate return of the Red Envelope at any time.
     (b) White Envelope Authenticator List.  This list is used
for caller identification purposes in accordance with
instructions in the National Control Point Procedures.  It is
issued only to specified control points.
     (c) NIC Authenticator List.  This booklet is used for
authentication purposes in accordance with instructions in the
National Control Point Procedures.  It is issued only to
participating control points.
           11.18  EAS Designations.
     (a) National Primary (NP) is a source of EAS Presidential
messages.
     (b) Local Primary (LP) is a source of EAS Local Area
messages.  An LP source is responsible for coordinating the
carriage of common emergency messages from sources such as the
National Weather Service or local emergency management offices as
specified in its EAS Local Area Plan.  If it is unable to carry
out this function, other LP sources in the Local Area may be
assigned the responsibility as indicated in State and Local Area
Plans.  LP sources are assigned numbers (LP-1, 2, 3, etc.) in the
sequence they are to be monitored by other broadcast stations in
the Local Area.
     (c) State Primary (SP) is a source of EAS State messages.
These messages can originate from the Governor or a designated
representative in the State Emergency Operating Center (EOC) or
State Capital.  Messages are sent via the State Relay Network.
     (d) State Relay (SR) is a relay source of EAS State
messages.  It is part of the State Relay Network and relays
National and State common emergency messages into Local Areas.
     (e) Participating National (PN) sources transmit EAS
National, State or Local Area messages.  The EAS transmissions of
PN sources are intended for direct public reception.
     (f) Non-participating National (NN) sources have elected not
to participate in the National level EAS and hold an
authorization letter to that effect.  Upon activation of the
national level EAS, NN sources are required to broadcast the EAS
codes, Attention Signal, the sign-off announcement in the EAS
Operating Handbook and then stop operating.  All NN sources are
required to comply with  11.51,  11.52 and  11.61 of this
part.  They may transmit EAS State or Local Area messages at any
time without prior notice.
      11.19  EAS Non-participating National Authorization
Letter.
     This authorization letter is issued by the FCC to broadcast
station licensees.  It states that the licensee has agreed to go
off the air during a national level EAS message.  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.
      11.20  State Relay Network.
     This network is composed of State Relay (SR) sources, leased
common carrier communications facilities or any other available
communication facilities.  The network distributes State EAS
messages originated by the Governor or designated official.  In
addition to EAS monitoring, satellites, microwave, FM subcarrier
or any other communications technology may be used to distribute
State emergency messages.
      11.21  State and Local Area Plans and FCC Mapbook.
     EAS plans contain guidance for broadcast personnel,
emergency officials and 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).
     (a) The State plan contains procedures for State emergency
management and other State officials, the NWS, broadcast
personnel to transmit emergency information to the public during
a State emergency using the EAS.
     (b) The Local Area plan contains procedures for local
officials or the NWS to transmit emergency information to the
public during a local emergency using the EAS.  Local plans may
be a part of the State plan.  A Local Area is a geographical area
of contiguous communities or counties that may include more than
one state.
     (c) The FCC Mapbook is based on the above plans.  It
organizes all broadcast stations and cable systems according to
their State, EAS Local Area and EAS designation.
                    Subpart B - Equipment Requirements
      11.31  EAS protocol.
     (a)  The EAS uses a four part message for an emergency
activation of the EAS.  The four parts are: Preamble and EAS
Header Codes; audio Attention Signal; message; and, Preamble and
EAS End Of Message (EOM) Codes.
     (1)  The Preamble and EAS Codes must use Audio Frequency
Shift Keying at a rate of 520.83 bits per second to transmit the
codes.  Mark frequency is 2083.3 Hz and space frequency is 1562.5
Hz.  Mark and space time must be 1.92 milliseconds.  Characters
are ASCII seven bit characters as defined in ANSI X3.4-1977.
     (2)  The Attention Signal must be made up of the fundamental
frequencies of 853 and 960 Hz.  The two tones must be transmitted
simultaneously.  The Attention Signal must be transmitted after
the EAS header codes.
     (3)  The message may be audio, video or text.
     (b)  The ASCII dash and plus symbols are required and may
not be used for any other purpose.  Unused characters must be
ASCII space characters.  FM or TV call signs must use a backslash
ASCII character (/) in lieu of a dash.
     (c)  The EAS protocol, including any codes, must not be
amended, extended or abridged without FCC authorization. The EAS
protocol and message format are specified in the following
representation.  Examples are also provided in the EAS Operating
Handbook.
_______________________________________________________
     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (one second pause)
     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (one second pause)
     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (at least a one second pause)
     (transmission of 8 to 25 seconds of Attention Signal)
     (transmission of audio, video or text messages)
     (at least a one second pause)
     [PREAMBLE]NNNN
     (one second pause)
     [PREAMBLE]NNNN
     (one second pause)
     [PREAMBLE]NNNN
     (at least one second pause)
_______________________________________________________
     [PREAMBLE]     This is a consecutive string of bits (sixteen
     bytes of AB hexadecimal[8 bit byte 10101011]) sent to clear
     the system, set AGC and set asynchronous decoder clocking
     cycles.  The preamble must be transmitted before each header
     and End Of Message code.
     ZCZC-     This is the identifier, sent as ASCII characters
     ZCZC to indicate the start of ASCII code.
     ORG-      This is the Originator code and indicates who
     originally initiated the activation of the EAS.  These codes
     are specified in paragraph (d) of this section.
     EEE-      This is the Event code and indicates the nature of
     the EAS activation.  The codes are specified in paragraph
     (e) of this section.  The Event codes must be compatible
     with the codes used by the NWS Weather Radio Specific Area
     Message Encoder (WRSAME).
     PSSCCC-   This is the Location code and indicates the
     geographic area affected by the EAS alert.  There may be 31
     Location codes in an EAS alert.  The Location code uses the
     Federal Information Processing System (FIPS) numbers as
     described by the U.S. Department of Commerce in National
     Institute of Standards and Technology publication 772.  Each
     state is assigned an SS number as specified in paragraph (f)
     of this section.  Each county is assigned a CCC number.  A
     CCC number of 000 refers to an entire State or Territory.  P
     defines county subdivisions as follows:  0 = all or an
     unspecified portion of a county, 1 = Northwest, 2 = North
     Central, 3 = Northeast, 4 = West Central, 5 = Central, 6 =
     East Central, 7 = Southwest, 8 = South Central, 9 =
     Southeast.  Other numbers may be designated later for
     special applications.    The use of county subdivisions will
     probably be rare and generally for oddly shaped or unusually
     large counties.  Any subdivisions must be defined and agreed
     to by the local officials prior to use.
     +TTTT-    This indicates the valid time period of a message
     in 15 minute segments up to one hour and then in 30 minute
     segments beyond one hour; i.e., +0015, +0030, +0045, +0100,
     +0430 and +0600.
     JJJHHMM-  This is the day in Julian Calendar days (JJJ) of
     the year and the time in hours and minutes (HHMM) when the
     message was initially released by the originator using 24
     hour Universal Coordinated Time (UTC).  These codes must
     remain unchanged for retransmitted messsages.
     LLLLLLLL- This is the call sign or other identification of
     the broadcast station, or NWS office transmitting or
     retransmitting the message. These codes will be
     automatically affixed to all outgoing messages by the EAS
     encoder.
     NNNN      This is the End of Message (EOM) code sent as a
     string of four ASCII N characters.
     (d) The only originator codes are:
Originator
Emergency Action
Notification Network
Primary Entry Point
System
National Weather Service
Civil authorities
Broadcast station
or cable system
 ORG Code
EAN
PEP
WXR
CIV
EAS     (e) The following Event (EEE) codes are presently
authorized:
Nature of Activation
Emergency Action Notification (National only)
Emergency Action Termination (National only)
National Information Center
National Periodic Test
Required Monthly Test
Required Weekly Test
Tornado Watch
Tornado Warning
Severe Thunderstorm Watch
Severe Thunderstorm Warning
Severe Weather Statement
Special Weather Statement
Flash Flood Watch
Flash Flood Warning
Flash Flood Statement
Flood Watch
Flood Warning
Flood Statement
Winter Storm Watch
Winter Storm Warning
Blizzard Warning
High Wind Watch
High Wind Warning
Hurricane Watch
Hurricane Warning
Hurricane Statement
Tsunami Watch
Tsunami Warning
Evacuation Immediate
Civil Emergency Message
Practice/Demo Warning
Administrative Message

EVENT CODES
EAN
EAT
NIC
NPT
RMT
RWT
TOA
TOR
SVA
SVR
SVS
SPS
FFA
FFW
FFS
FLA
FLW
FLS
WSA
WSW
BZW
HWA
HWW
HUA
HUW
HLS
TSA
TSW
EVI
CEM
DMO
ADR     (f) The State and Territory FIPS number codes (SS) are as
follows.  County FIPS numbers (CCC) are contained in the State
EAS Mapbook.
State FIPS#  State FIPS#  State FIPS#  State FIPS#  State FIPS#
AL    01     HI    15     MA    25     NM    35     SD    46
AK    02     ID    16     MI    26     NY    36     TN    47
AZ    04     IL    17     MN    27     NC    37     TX    48
AR    05     IN    18     MS    28     ND    38     UT    49
CA    06     IA    19     MO    29     OH    39     VT    50
CO    08     KS    20     MT    30     OK    40     VA    51
CT    09     KY    21     NE    31     OR    41     WA    53
DE    10     LA    22     NV    32     PA    42     WV    54
FL    12     ME    23     NH    33     RI    44     WI    55
GA    13     MD    24     NJ    34     SC    45     WY    56
District of Columbia - 11
Terr. FIPS#  Terr. FIPS#  Terr. FIPS#  Terr. FIPS#  Terr. FIPS#
AS    60     FM    64     GU    66     MH    68     MP    69
PR    72     PW    70     UM    74     VI    78
      11.32  EAS Encoder.
     (a)  EAS Encoders must at a minimum be capable of encoding
the EAS protocol described in  11.31 and providing the EAS code
transmission requirements described in  11.51.  EAS encoders
must additionally provide the following minimum specifications:
     (1) Encoder programming.  Access to encoder programming
shall be protected by a lock or other security measures and be
configured so that authorized personnel can readily select and
program the EAS Encoder with Originator, Event and Location codes
for either manual or automatic operation.
     (2) Inputs.  The encoder shall have two inputs, one for
audio messages and one for data messages (RS-232C with standard
protocol and 1200 baud rate).
     (3) Outputs.  The encoder shall have two outputs, one audio
port and one data port (RS-232C with standard protocol and 1200
baud rate).
     (4) Calibration.  EAS Encoders must provide a means to
comply with the modulation levels required in  11.51(f).
     (5)  Day-Hour-Minute and Identification Stamps.  The encoder
shall affix the JJJHHMM and LLLLLLLL codes automatically to all
initial messages.
     (6) Program Data Retention.  Program data and codes shall be
retained even with the power removed.
     (7) Indicator.  An aural or visible means that is activated
when the Preamble is sent and deactivated at the End of Message
code.
     (8) Spurious Response.  All frequency components outside 200
to 4000 Hz shall be attenuated by 40 dB or more with respect to
the output levels of the mark or space frequencies.
     (9) Attention Signal generator.  The encoder must provide an
attention signal that complies with the following:
     (i) Tone Frequencies.  The audio tones shall have
fundamental frequencies of 853 and 960 Hz and not vary over  0.5
Hz.
     (ii) Harmonic Distortion.  The total harmonic distortion of
each of the audio tones may not exceed 5% at the encoder output
terminals.
     (iii) Minimum Level of Output. The encoder shall have an
output level capability of at least +8 dBm into a 600 Ohm load
impedance at each audio tone.  A means shall be provided to
permit individual activation of the two tones for calibration of
associated systems.
     (iv) Time Period for Transmission of Tones.  The encoder
shall have timing circuitry that automatically generates the two
tones simultaneously for a time period of not less than 8 nor
longer than 25 seconds.  NOTE:  Prior to July 1, 1995, the
Attention Signal must be at least 20 and not more than 25
seconds.
     (v)  Inadvertent activation.  The switch used for initiating
the automatic generation of the simultaneous tones shall be
protected to prevent accidental operation.
     (vi) Indicator Display.  The encoder shall be provided with
a visual and/or aural indicator which clearly shows that the
Attention Signal is activated.
     (b) Operating Temperature and Humidity.  Encoders shall have
the ability to operate with the above specifications within an
ambient temperature range of 0 to +50 degrees C and a range of
relative humidity of up to 95%.
     (c) Primary Supply Voltage Variation.  Encoders shall be
capable of complying with the requirements of this section during
a variation in primary supply voltage of 85 percent to 115
percent of its rated value.
     (d) Testing Encoder Units.  Encoders not covered by 
11.34(e) of this part shall be tested in a 10 V/m minimum RF
field at an AM broadcast frequency and a 0.5 V/m minimum RF field
at an FM or TV broadcast frequency to simulate actual working
conditions.
      11.33  EAS Decoder.
     (a) An EAS Decoder must at a minimum be capable of decoding
the EAS protocol described in  11.31, provide the EAS monitoring
functions described in  11.52, and the following minimum
specifications:
     (1) Inputs.  Decoders must have the capability to receive at
least 2 audio inputs from EAS monitoring assignments, and one
data input (RS-232C with standard protocol and 1200 baud rate).
The data input may be used to monitor other communications modes
such as Radio Broadcast Data System (RBDS), NWR, satellite,
public switched telephone network, or any other source that uses
the EAS protocol.
     (2) Valid codes.  There must be a means to determine if
valid EAS header codes are received and to determine if
preselected header codes are received.
     (3) Storage.  Decoders must provide the means to:
     (i)  Record and store at least two minutes of audio or text
messages.
     (ii)  Store at least 10 preselected header codes for
comparison with incoming header codes.  A non-preselected header
code that is manually transmitted must be stored for comparison
with later incoming header codes.  The header codes of the last
ten received valid messages which still have valid time periods
must be stored for comparison with the incoming valid header
codes of later messages.   The header codes will be deleted from
storage as their valid time periods expire.
     (4) Display.  A visual message shall be developed from any
valid EAS header codes received.  The message will include the
Originator, Event, Location, the valid time period of the message
and the local time the message was transmitted.  The message
shall be in the primary language of the broadcast station or
cable system and be fully displayed on the decoder and readable
in normal light and darkness.
     (5) Indicators.  EAS Decoders must have a distinct aural or
visible means to show that it is activated when:
     (i) any valid EAS header codes are received as specified in
 11.33(a)(10).
    (ii) preprogrammed header codes, such as those selected in
accordance with  11.52(d) are received
   (iii) a signal is present at each audio input that is
specified in  11.33(a)(1).
     (6) Program Data Retention.  The program data must be
retained even with power removed.
     (7) Outputs.  Decoders shall have the following outputs:  a
data port or ports (RS-232C with standard protocol and 1200 baud
rate) where received valid EAS header codes and received
preselected header codes are available; one audio port that is
capable of monitoring each decoder audio input; and, an internal
speaker to enable personnel to hear audio from each input.
     (8) Decoder Programming.  Access to decoder programming
shall be protected by a lock or other security measures and be
configured so that authorized personnel can readily select and
program the EAS Decoder with preselected Originator, Event and
Location codes for either manual or automatic operation.
     (9) Reset.  There shall be a method to automatically or
manually reset the decoder to the normal monitoring condition.
If an end of message code (EOM) is not received for an EAS
message, operators shall be able to select an automatic reset
time which may not be less than two minutes.  Messages received
with the EAN Event codes shall disable the reset function so that
lengthy audio messages can be handled.  The last message received
with valid header codes shall be displayed as required by
 11.33(a)(4) of this section before the decoder is reset.
     (10) Message Validity.  An EAS Decoder must provide error
detection and validation of the header codes of each message to
ascertain if the message is valid.  Header code comparisons may
be accomplished through the use of a bit-by-bit compare or any
other error detection and validation protocol.  A header code
must only be considered valid when two of the three headers match
exactly.  Duplicate messages must not be relayed automatically.
     (11) A header code with the EAN Event code specified in
 11.31(c) of this part that is received through either of the
two audio inputs must override all other EAS messages.
     (b) Attention Signal.  EAS Decoders at broadcast stations
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 broadcast receiver demuting shall comply with the
following:
     (1) Time Delay.  A minimum time delay of 8 but not more than
16 seconds of tone reception shall be incorporated into the
demuting or activation process to insure that the tones will be
audible for a period of at least 4 seconds.  After July 1, 1995,
the time delay shall be 3-4 seconds.
     (2) Operation Bandwidth.  The decoder circuitry shall not
respond to tones which vary more than  0.5 Hz from each of the
frequencies, 853 Hz and 960 Hz.
     (3) Reset Ability.  The decoder shall have a means to
manually or automatically reset the associated broadcast receiver
to a muted state.
     (b) Decoders shall be capable of operation within the
tolerances specified in this section as well as those in
 11.32(b), (c) and (d).
      11.34  Acceptability of the equipment.
     (a) An EAS Encoder used for generating the EAS codes and the
Attention Signal must be Certified in accordance with the
procedures in Part 2, Subpart J, of this chapter.  The data and
information submitted must show the capability of the equipment
to meet the requirements of this Part as well as the requirements
contained in Part 15 of this chapter for digital devices.
     (b) Decoders used for the detection of the EAS codes and
receiving the Attention Signal must be Certified in accordance
with the procedures in Part 2, Subpart J, of this chapter.  The
data and information submitted must show the capability of the
equipment to meet the requirements of this Part as well as the
requirements contained in Part 15 of this chapter for digital
devices.
     (c) The functions of the EAS decoder, Attention Signal
generator and receiver, and the EAS Encoder specified in 
11.31, 11.32 and 11.33 may be combined and notified as a single
unit provided that the unit complies with all specifications in
this rule section.
     (d) Manufacturers must include instructions and information
on how to install, operate and program an EAS Encoder, EAS
Decoder, or combined unit and a list of all State and county FIPS
numbers with each unit sold or marketed in the U.S.
     (e) Waiver requests of the Certification requirements for
EAS Encoders or EAS Decoders which are constructed for use at a
broadcast station or subject cable system, but are not offered
for sale will be considered on an individual basis in accordance
with Part 1, Subpart G, of this chapter.
      11.35  Equipment operational readiness.
     (a) Broadcast stations and subject cable systems are
responsible for ensuring that EAS Encoders, EAS Decoders and
Attention Signal generating and receiving equipment used as part
of the EAS is installed so that the monitoring and transmitting
functions are available during the times the broadcast station or
cable system is in operation.  Additionally, broadcast stations
and subject cable systems must determine the cause of any failure
to receive the required tests or activations specified in 
11.61(a)(1) and (2).   Appropriate entries must be made in the
broadcast station log as specified in  73.1820 and  73.1840 of
this chapter, cable system record in  76.305 of this chapter
indicating reasons why any tests were not received.
     (b) If the EAS Encoder or EAS Decoder becomes defective the
broadcast station or subject cable system may operate without the
defective equipment pending its repair or replacement for a
period not in excess of 60 days without further FCC authority.
Entries shall be made in the broadcast station log or subject
cable system records 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) An informal request may be made to the Engineer-in-
charge of the FCC field office serving area in which the
broadcast station or subject cable system is located for
additional time to complete repairs to the defective equipment.
These requests 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.
                         Subpart C - Organization
      11.41  Participation in EAS.
     (a) All broadcast stations and cable systems specified in 
11.11 are categorized as Participating National (PN) sources
unless authorized by the FCC to be Non-Participating National(NN)
sources.
     (b)  A broadcast station or cable system may submit a
written request to the FCC asking to be a Non-Participating
National (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.
     (1) Any existing station that is a Non-participating
National (NN) source under  11.18(f) of this part that wants to
become a Participating National (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 broadcast
station and cable system management and will be in accordance
with the provisions of State and Local Area EAS Plans.
     (c)  All sources, including NN, must have immediate access
to an EAS Operating Handbook and a Red Envelope Authenticator
List and be placed on the EAS mailing list maintained by the FCC.
      11.42  Participation by communications common carriers.
     (a) During activation of the National level EAS,
communications common carriers which have facilities available in
place may, without charge, connect:
     (1) an originating source from the nearest service area to a
selected Test Center and then to the radio and television
broadcast networks, and cable networks and program suppliers 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 cable networks and program
suppliers 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
program suppliers to their original configurations.
     (c) During a National level EAS Closed Circuit Test, common
carriers which have facilities in place may, without charge,
connect an originating source from the nearest service area to a
selected Test Center and then to the radio networks and, if
participating, any television networks and cable networks and
program suppliers.  Independent stations will not be connected
during the test unless authorized by the FCC.  Upon test
termination, participants shall be restored to their original
configurations.
     (d) A common carrier rendering free service shall file with
the FCC, on or before July 31st and January 31st of each year,
reports covering the six months ending on June 30th and December
31st respectively.  These reports shall state what free service
was rendered under this rule and the charges in dollars which
would have accrued to the carrier for this service if charges had
been collected at the published tariff rates if such carriers are
required to file tariffs.
      11.43  National level participation.
     The industry entities voluntarily participating in the
national level EAS are:
     (a) Radio Networks.
     (1) ABC.
     (2) Associated Press (APR).
     (3) CBS.
     (4) CNN.
     (5) Jones Satellite Audio.
     (6) Moody Broadcasting Network.
     (7) Mutual Broadcasting System (MBS).
     (8) MUZAK.
     (9) NBC.
    (10) National Public (NPR).
    (11) Unistar.
    (12) United Press International (UPIR).
    (13) USA.
     (b) Television Networks.
     (1) ABC.
     (2) CBS.
     (3) FOX.
     (4) NBC.
     (5) PBS.
     (c) Cable Program Suppliers.
     (1) Cable News Network (CNN) and CNN Headline News.
     (2) Cinemax.
     (3) Disney Channel.
     (4) Entertainment and Sports Programming Network (ESPN).
     (5) Home Box Office (HBO).
     (6) Movie Channel.
     (7) MTV.
     (8) The Nashville Network.
     (9) Nickelodeon.
    (10) Showtime.
    (11) VH-1.
    (12) Weather Channel.
     (d) Wire Services.
     (1) Associated Press (AP).
     (2) Reuters.
     (3) United Press International (UPI).
     (d) Common Carriers.
     (1) American Telephone and Telegraph (AT&T).
     (e) Entities that wish to voluntarily participate in the
national level EAS may submit a written request to the FCC.
      11.44  EAS message priorities.
     (a) A national activation of the EAS for a Presidential
message with the Event code EAN as specified in  11.31 must take
priority over any other message and preempt it if it is in
progress.
     (b)  EAS participants should transmit other EAS messages in
the following order:  first, Local Area Messages; second, State
Messages; and third, National Information Center (NIC) Messages.
     (c) Key EAS sources (NP, LP, SP and SR) and Participating
National (PN) sources that remain on the air during a National
emergency must carry Presidential Messages "live" at the time of
transmission or immediately upon receipt.  Activation of the
National level EAS must preempt State and Local Area EAS
operation.
     (c) During a national emergency, the radio and television
broadcast network program distribution facilities 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.
      11.45  Prohibition of false or deceptive EAS
transmissions.
     No person may transmit or cause to transmit the EAS codes or
Attention Signal, or a recording or simulation thereof, in any
circumstance other than in an actual National, State or Local
Area emergency or authorized test of the EAS.  Broadcast station
licensees should also refer to  73.1217 of this chapter.
      11.46  EAS public service announcements.
     Broadcast stations may use Public Service Announcements or
obtain commercial sponsors for announcements, informercials, 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.
                     Subpart D - Emergency Operations
      11.51  EAS code and Attention Signal Transmission
requirements.
     (a) 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) using the EAS Protocol.  The Attention
Signal must precede any emergency audio message.  After
July 1, 1997, the shortened Attention Signal may only be used as
an audio alert signal and the EAS codes will become the minimum
signalling requirement for National level messages and tests.
     (b)  Broadcast stations may transmit only the EAS header
codes and the EOM code without the Attention Signal and emergency
message for State and local emergencies.  Television stations and
cable systems should ensure that pauses in video programming
before EAS message transmission do not cause television receivers
to mute EAS audio messages.
     (c) Effective July 1, 1996, all radio and television
stations shall transmit EAS messages in the main audio channel.
     (1) By the above date, television 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.
     (d) Class D non-commercial educational FM stations as
defined in  73.506 of this chapter and low power TV stations as
defined in  74.701(f) of this chapter are not required to have
equipment capable of generating the EAS codes and Attention
Signal specified in  11.31 of this part.
     (e) Broadcast stations may additionally transmit EAS
messages through other communications means other than the main
audio channel.  For example, FM stations may transmit the EAS
codes on subcarriers including 57 kHz using the RBDS standard
produced by the National Radio Systems Committee (NRSC). and
television stations may use subsidiary communications services.
     (f) Broadcast stations are responsible for ensuring that the
equipment for generating the EAS codes and the Attention Signal
shall modulate a broadcast station transmitter so that the signal
broadcast to other broadcast stations and cable systems 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 specified in  11.32(a)(4) of this part, shall
modulate the transmitter at no less than 80% 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) Effective July 1, 1997, cable systems 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, subject cable systems must:
     (1) install, operate, and maintain equipment capable of
generating the EAS codes.  The modulation levels for the EAS
codes and Attention Signal for cable systems shall comply with
the aural signal requirements in  76.605 of this chapter.  This
will provide sufficient signal levels to operate cable subscriber
television or radio receivers equipped with EAS decoders and to
audibly alert subscribers.
     (2) provide a video interruption and an audio EAS message on
all channels.  The audio message must state which channel is
carrying the visual EAS message.
     (3) Subject cable systems 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) Cable systems shall provide a method to alert hearing
impaired or deaf subscribers to EAS messages.  Methods may
include:  a box that displays EAS messages and activates other
alerting mechanisms or lights; visual messages on all channels;
etc.
     (5) Cable systems may elect not to interrupt EAS messages
from broadcast stations based on a written agreement between all
concerned.
     (h) Other technologies and public service providers, such as
DBS, low earth orbiting satellites,  etc., that wish to
participate in the EAS may contact the FCC's EAS office or their
State Emergency Communication Committee for information and
guidance.
     (i) If manual interrupt is used as specified in paragraph
(k) of this section, EAS Encoders must be located so that station
or cable staff, at normal duty locations, can initiate the EAS
code and Attention Signal transmission.
     (j)  Broadcast stations or cable systems 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 station or cable system with one EAS
Encoder.  The requirements of  11.32 must be met for both the
broadcast station and cable system.
     (k)  Broadcast stations and 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), with the accompanying location codes for their State and
State/county.  These EAS messages shall be retransmitted
unchanged except for the LLLLLLLL- code which identifies the
broadcast station or cable system retransmitting the message.
See  11.31(c) of this part.  If an EAS source originates any EAS
messages with the above Event codes, it must include the location
codes for the State and counties in its service area.  When
transmitting the required weekly test, broadcast stations and
subject cable systems will use the event code RWT.  The location
codes will be the state and county for the broadcast station city
of license or subject cable system community.  Other location
codes may be included upon approval of station or cable system
management approval.  EAS code requirements and examples are
provided in the EAS Operating Handbook.  Operations may be
conducted automatically or manually.
     (1) Automatic interrupt of programming and transmission of
EAS messages is required when facilities are unattended and 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 and EAT Event
codes must be transmitted immediately and Monthly EAS test
messages within 15 minutes. All actions must be logged or
recorded.
     (l) Broadcast stations and cable systems may employ a
minimum delay feature, not to exceed 15 minutes, for automatic
interrupt of EAS codes but not for the EAN Event which must be
transmitted immediately.
     (m) Either manual or automatic operation of EAS equipment
may be used at broadcast stations or cable systems that use
remote control.  If manual operation is used, an EAS decoder must
be located at the remote control location and 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 message.  Broadcast stations
and cable systems may change back and forth between automatic and
manual operation.
      11.52  EAS code and Attention Signal Monitoring
requirements.
     (a) Before July 1, 1997, broadcast stations 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.  Effective July 1, 1996, all broadcast stations
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.  The effective date for subject cable systems is July 1,
1997.  NOTE:  after July 1, 1997, 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 specified in
 11.51(k)(2) of this part, decoders must be located so that
operators at their normal duty stations at broadcast stations and
cable systems can be alerted immediately when EAS messages are
received.
     (c) Broadcast stations or cable systems 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 monitoring requirements contained in this section
for the combined station or cable system with one EAS Decoder.
The requirements of  11.33 must be met for the combined station
or cable system.
     (d)  Broadcast stations and subject cable systems must
monitor the two EAS sources assigned in accordance with the
monitoring priorities in the EAS Operating Handbook.  The off-air
monitoring assignments of each broadcast station and cable system
are specified in the State EAS Plan and FCC Mapbook.
     (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) Broadcast station and cable system management will
determine which header codes will automatically interrupt their
programming for State and Local Area emergency situations
affecting their audiences.
     (e)  A broadcast station or cable system is required to
interrupt normal programming either automatically or manually
when it receives an EAS message in which the header code contains
the Event codes for Emergency Action Notification (EAN),
Emergency Action Termination (EAT), or Required Monthly Test
(RMT) for its State or State/county location.
     (1) Automatic interrupt of programming is required when
facilities are unattended.  Automatic operation must provide a
permanent record of the EAS message that contains at a minimum
the following information:  Originator, Event, Location and valid
time period of the message.
     (2) Manual interrupt of programming and transmission of EAS
messages may be used.  EAS messages with the EAN Event code must
be transmitted immediately and Monthly EAS test messages within
15 minutes.  All actions must be logged or recorded.  Decoders
must be programmed for the EAN and EAT Event header codes for EAS
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.
      11.53  Dissemination of Emergency Action Notification.
     Initiation of the EAN by any one of the following sources is
sufficient to begin the emergency actions in
 11.54 of this part.
     (a) National Level.  The EAN is issued by the White House.
The EAN message is sent from an origination point to control
points of the participating radio and television networks, cable
networks and program suppliers, wire services, communications
common carriers and other entities.  It is then disseminated via:
     (1) Radio and television broadcast networks to all
affiliates with the use of internal alerting facilities.
     (2) Cable networks and program suppliers to cable systems
and subscribers.
     (3) Wire services to all subscribers (AM, FM, TV, LPTV and
other stations).
     (4) Off-air monitoring of EAS sources.
     (b) State level and Local Area levels.  EAN dissemination
arrangements at these levels originate from State and local
governments in accordance with State and Local Area plans.
     (c) Broadcast stations must, prior to commencing routine
operation or originating any emissions under program test,
equipment test, experimental, or other authorizations, determine
whether the EAS has been activated by any of the following
methods:
     (1) Monitor the radio and TV networks and cable systems.
     (2) Check the wire services.
     (3) Monitor the assigned EAS sources.
      11.54  EAS operation during a National Level emergency.
     (a) The EAS Operating Handbook summarizes the procedures to
be followed upon receipt of a National level EAN or EAT Message.
     (b) Immediately upon receipt of an EAN message, broadcast
stations and cable systems must:
     (1) Monitor the radio and television networks, cable
networks and program suppliers, and wire services for further
instructions.
     (2) Verify the authenticity of the EAN message with the
current Red Envelope Authenticator List (broadcast stations
only).
     (3) Monitor the two EAS sources assigned in the State or
Local Area plan or FCC Mapbook for any further instructions.
     (4) Discontinue normal programming and follow the
transmission procedures in the appropriate section of the EAS
Operating Handbook.  Announcements may be made in the same
language as the primary language of the station.
     (i) Key EAS sources (National Primary (NP), Local Primary
(LP), State Primary (SP), State Relay (SR) and Participating
National (PN) sources) follow the transmission procedures and
make the announcements in the National Level Instructions of the
EAS Operating Handbook.
     (ii) Non-participating National (NN) sources follow the
transmission procedures and make the sign-off announcement in the
EAS Operating Handbook's National Level Instructions section for
NN sources.  After the sign-off announcement, NN sources are
required to remove their carriers from the air and monitor for
the Emergency Action Termination message.  NN sources using
automatic interrupt under  11.51(k)(1) of this part, must
transmit the header codes, Attention Signal, sign-off
announcement and EOM code after receiving the appropriate EAS
header codes for a national emergency.
     (5) 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 of this part.  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.
     (6) 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.
     (7) TV broadcast stations shall display an appropriate EAS
slide and then transmit all EAS announcements visually and
aurally as specified in  73.1250(h) of this chapter.
     (8) Announcements may be made in the same language as the
primary language of the station.
     (9) Broadcast Stations in the International Broadcast
Service must cease broadcasting immediately upon receipt of an
Emergency Action Notification and must maintain radio silence
until an EAT is issued.  Such stations may be issued an emergency
authorization by the FCC with concurrence of the Director, Office
of Science and Technology Policy, to transmit Federal government
broadcasts or communications.
     (10) Broadcast stations may transmit their call letters and
cable systems may transmit the names of the communities they
serve during an EAS activation.  EAS State and Local Area
identifications must be given as provided in State and Local Area
EAS plans.
     (11) All broadcast stations and cable systems operating and
identified with a particular Local Area must transmit a common
national emergency message until receipt of the Emergency Action
Termination.
     (12) 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.
     (13) National Primary (NP) sources must operate under the
procedures in the National Control Point Procedures.
     (14) The time of receipt of the EAN and Emergency Action
Termination messages shall be entered in the broadcast station
logs (as specified in  73.1820 and  73.1840 of this chapter),
or the cable system records (as specified in  76.305 of this
chapter).
     (c) Upon receipt of an Emergency Action Termination Message,
broadcast stations and cable systems must follow the termination
procedures in the EAS Operating Handbook.
     (d) Broadcast stations and cable systems 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 participating broadcast stations and cable systems.
      11.55  EAS operation during a State or Local Area
emergency.
     (a) The EAS may be activated at the State or Local Area
levels by broadcast stations and cable systems 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.
     (b) EAS operations must be conducted as specified in State
and Local Area EAS Plans.  The plans must list all authorized
entities participating in the State or Local Area EAS.
     (c) Immediately upon receipt of a State or Local Area EAS
message, participating broadcast stations and cable systems must
do the following:
     (1) State Relay (SR) sources monitor the State Relay Network
or follow the State EAS plan for instructions from the State
Primary (SP) source.
     (2) Local Primary (LP) sources monitor the Local Area SR
sources or follow the State EAS plan for instructions.
     (3) Participating National (PN) and Non-participating
National (NN) sources monitor the Local Area LP sources for
instructions.
     (4) Broadcast stations and cable systems participating in
the State or Local Area EAS must discontinue normal programming
and follow the procedures in the State and Local Area Plans.
Television stations must comply with  11.54(b)(7).  Broadcast
stations providing foreign language programming shall comply with
 11.54(b)(8) of this part.
     (5) Upon completion of the State or Local Area EAS
transmission procedures, resume normal programming until receipt
of the cue from the SR or LP sources in your Local Area.  At that
time begin transmitting the common emergency message received
from the above sources.
     (6) Resume normal operations upon conclusion of the message.
     (7) The times of the above EAS actions must be entered in
the broadcast station or cable system records as specified in
 11.54(b)(15) of this part.  FCC Form 201 may be used to report
EAS activations.
     (8) Use of the EAS codes or Attention Signal automatically
grants rebroadcast authority as specified in  11.54(d) of this
part.
                             Subpart E - Tests
      11.61  Tests of EAS procedures.
     (a) Tests shall be made at regular intervals as indicated
below.  Additional tests may be performed anytime.  EAS
activations and special tests may be performed in lieu of
required tests as specified in paragraph (a)(6) of this section.
All tests will conform with the procedures in the EAS Operating
Handbook.
     (1) Required Monthly Tests of the EAS header codes,
Attention Signal, Test Script and EOM code.
     (i) Effective July 1, 1996, AM, FM and TV stations.
    (ii) Effective July 1, 1997, cable systems.
   (iii) 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.  Time and script content
will be developed by State Emergency Communications Committees in
cooperation with affected broadcast stations, cable systems, and
other participants.  Script content can be in the primary
language of the broadcast station or cable system.  These monthly
tests must be transmitted within 15 minutes of receipt by
broadcast stations and cable systems in an EAS Local Area or
State.  Class D non-commercial educational FM and LPTV stations
need to transmit only the test script.
     (2) Required Weekly Tests:
     (i) Attention Signal.  Until July 1, 1996, broadcast
stations must conduct tests of the Attention Signal and Test
Script at least once a week at random days and times between 8:30
a.m. and local sunset.  Class D non-commercial educational FM and
LPTV stations do not need to transmit the Attention Signal.
Script content can be in the primary language of the station.
     (ii) EAS Header Codes and EOM Codes:
     (A)  Effective July 1, 1996, AM, FM and TV stations must
conduct tests of the EAS header and EOM codes at least once a
week at random days and times.
     (B)  Effective July 1, 1997, subject cable systems must
conduct tests of the EAS header and EOM codes at least once a
week at random days and times.
     (iii) Class D non-commercial educational FM and LPTV
stations are not required to transmit this test but must log
receipt.
      (iv) The EAS weekly test is not required during the week
that a monthly test is conducted.
     (3) Periodic Wire Service Tests.  AP, Reuters and UPI shall
separately conduct test transmissions to broadcast stations and
cable systems on their wire networks.  Tests may occur no more
than once a month at random times selected by the wire services.
These tests shall conform with the procedures in the EAS
Operating Handbook and the National Control Point Procedures.
     (4) Weekly Emergency Action Notification (EAN) network
transmissions.  Tests of the National level interconnection
facilities shall be conducted on a random basis once each week.
They shall originate from the Federal government over a dedicated
network to specified control points of the radio and television
networks, cable networks and program suppliers, wire services,
common carriers and other organizations.  The tests shall conform
with the National Control Point Procedures.
     (5) Periodic National Tests.  National Primary (NP) sources
shall participate in tests as appropriate.  The FCC may request a
report of these tests.
     (6) EAS activations and special tests.  The EAS may be
activated at the State or Local Area level by a broadcast station
or cable system in lieu of the monthly or weekly tests required
by this section.  Such activation must include transmission of
the EAS header codes, Attention Signal, emergency message and EOM
code for substitution of the monthly test.  Activation must
include transmission of the Attention Signal and emergency
message for substitution of the weekly test in paragraph (2)(i)
of this section.  Activation must include transmission of the EAS
header and EOM codes for substitution of the weekly test in
paragraph (2)(ii) of this section.  Television stations and cable
systems shall comply with the visual message requirements in 
11.51 of this part.  Special EAS tests at the State and Local
Area levels may be conducted on a day-to-day basis following
procedures in State and Local Area EAS plans.
     (b) Entries shall be made in the broadcast station or cable
system records as specified in  11.54(b)(14) of this part
concerning EAS tests received and transmitted.
      11.62  Closed Circuit Tests of National Level EAS
facilities.
     (a) Closed Circuit Tests (CCT) of National Level EAS
facilities shall be conducted on a random or scheduled basis not
more than once a month and not less than once every three months.
Test times will be selected by the White House in coordination
with participating industry personnel, the Federal Emergency
Management Agency (FEMA), and the FCC.  The FCC will notify the
participating networks, wire services, cable networks and program
suppliers and common carriers of the selected time window for the
test at least four working days (holidays excluded) before the
test.
     (b) The EAS Operating Handbook and National Control Point
Procedures contain the CCT procedures.
     (c) The control points of the participating radio and
television networks, cable networks and program suppliers, wire
services and common carriers will receive notification of a CCT
by a "Closed Circuit Test Activation Message".
     (d) Test announcements will originate from a point selected
by the White House with program feed circuitry connected to the
telephone company Toll Test Center at points coordinated for each
test.  Participating common carriers will connect, as required,
the facilities of the radio networks and other test participants.
Telephone companies are not authorized to add any participating
independent broadcast stations unless authorized by the FCC.
Authentication will be provided to the Toll Test Center or other
program entry location responsible for test arrangements.
Authentication used in the CCT Message will be the test words on
the outside of the Red Envelope Authenticator List.
     (e) CCT procedures for radio network affiliates, wire
service subscribers, and, if participating, television network
affiliates and cable systems are as follows:
     (1) Notification of a CCT will be disseminated as specified
in  11.53(a)(1) and (a)(3) of this part and the EAS Operating
Handbook.
     (2) Recipients immediately monitor their radio network, and
if participating, their television network or cable system, and
check their wire service for the receipt of the CCT Activation
Message.  Verify authenticity using the current Red Authenticator
List.
     (3) Continue to monitor for the CCT audio talkup and
program.
     (4) Enter the time of receipt of the CCT message in the
broadcast station log or cable system records.
     (5) The CCT terminates on the following aural closing cue in
the text of the test program:  "This concludes the Closed Circuit
Test of the EAS."
     (6) Following the closing cue, wire service subscribers will
receive a "Closed Circuit Test Termination Message".  Record the
time of receipt as indicated above.
     (f) The FCC may request a CCT report in a prescribed format.
     PART 73--RADIO BROADCAST SERVICES
     7.  The authority citation for Part 73 continues to read as
follows:
     Authority:  47 U.S.C. 154, 303, 334.
     8.  Part 73 is amended by removing Sections 73.901 through
73.962 in Subpart G, revising the heading and adding a cross
reference to read as follows:
     Subpart G -- Emergency Broadcast System
     The Emergency Broadcast System (EBS) rules have been renamed
the Emergency Alert System (EAS) and revised.  The new EAS rules
are contained in a new Part 11.  Equipment type accepted for EBS
use under the old Subpart G rules may continue to be used at
broadcast stations until July 1, 1996, provide that it meets all
applicable requirements of Part 11.
                              CROSS REFERENCE
      73.901 is amended and renumbered  11.1
      73.902 is amended and renumbered  11.1
      73.903 is amended and renumbered  11.11
      73.904 is deleted
      73.905 is amended and renumbered  11.13
      73.906 is amended and renumbered  11.12
      73.907 is amended and merged into  11.13
      73.908 is amended and renumbered  11.15
      73.909 is amended and renumbered  11.16
      73.910 is amended and renumbered  11.17
      73.912 is amended and renumbered  11.43
      73.913 is amended and renumbered  11.18
      73.914 is amended and renumbered  11.19
      73.915 is amended and merged into  11.19
      73.916 is amended and merged into  11.19
      73.917 is amended and merged into  11.19
      73.918 is amended and merged into  11.19
      73.919 is amended and renumbered  11.20
      73.920 is amended and merged into  11.21(b)
      73.921 is amended and renumbered  11.21
      73.922 is amended and merged into  11.44
      73.926 is amended and renumbered  11.41
      73.927 is amended and merged into  11.42
      73.931 is amended and divided into  11.53 and  11.14
      73.932 is amended and divided into  11.35,  11.51 and
      11.52
      73.933 is amended and renumbered  11.54
      73.935 is amended and renumbered  11.55
      73.936 is amended and merged into  11.55
      73.937 is amended and merged into  11.55
      73.940 is amended and renumbered  11.32
      73.941 is amended and renumbered  11.33
      73.942 is amended and renumbered  11.34
      73.943 is amended and merged into  11.34
      73.961 is amended and renumbered  11.61
      73.962 is amended and renumbered  11.62
      11.31, 11.45 and 11.46 are added
                                 * * * * *
     9.  Section 73.1207 is amended by revising paragraph (b)(1)
and adding a new paragraph (c)(4) to read as follows:
      73.1207  Rebroadcasts.
       * * * * *
     (b)  * * *
(1)  Stations originating emergency communications under a State
EAS plan are considered to have conferred rebroadcast authority
to other participating stations.
                                 * * * * *
     (c)  * * *
     (4)  Emergency communications originated under a State EAS
plan.
* * *   * *
     10. Section 73.1250 is amended by revising paragraph (c) and
revising the last sentence of paragraph (h) to read as follows:
      73.1250  Broadcasting emergency information.
     * * * * *
     (c)  If the Emergency Alert System (EAS) is activated for a
national emergency while a Local Area or State emergency
operation is in progress, the national level EAS operation must
take precedence.  If, during the broadcasting of Local Area or
State emergency information, the EAS codes or Attention Signal
described in  11.12 of this chapter are used, the broadcasts are
considered as being carried out under a Local Area or State EAS
plan.
     * * * * *
     (h) * * *  However, when 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 of this chapter.
     11.  Section 73.1820 is amended by revising paragraph
(a)(1)(iii) to read as follows.
      73.1820  Station log.
     (a)  * * *
     (1)  * * *
     (iii)  An entry of each test and activation of the Emergency
Alert System (EAS) pursuant to the requirement of part 11 of this
chapter and the EAS Operating Handbook.  Stations may keep EAS
data in a special EAS log which shall be maintained at a
convenient location; however, this log is considered a part of
the station log.
                                 * * * * *
     12.  Section 73.3549 is amended by revising the heading and
the first sentence to read as follows.
      73.3549  Requests for extension of authority to operate
without required monitors, indicating instruments, and EAS
encoders and decoders.
     Requests for extension of authority to operate without
required monitors, transmission system indicating instruments, or
encoders and decoders for monitoring and generating the EAS codes
and Attention Signal should be made to the Engineer in Charge of
the Field Office in which the station is operating.  * * *
                                 * * * * *
     13.  Section 73.4097 is amended by revising the heading to
read as follows:
       73.4097  EBS (now EAS) attention signals on automated
programming systems.
                                 * * * * *
     14.  The alphabetical index following Part 73 is amended by
replacing the entries for EBS with the following:
                        ALPHABETICAL INDEX-PART 73
                                 * * * * *
                                     E
                                * * * * *
     EAS  (Emergency Alert System).............11.1-11.62
     EAS signal tests-automated systems........73.4097(*)
     * * *
     Emergency Alert System (EAS)..............11.1-11.62
     PART 76--CABLE TELEVISION SERVICE
     15.  The authority Citation for Part 76 continues to read:
     AUTHORITY:  Sec. 2, 3, 4, 301, 303., 307, 308, 309, 48
Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084,
1085, 1101; 47 U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308,
309; 532; 533; 535; 542; 543; 552; 554, as amended, 106 Stat.
1460.
     16. Section 76.3 is amended by adding a new entry in
numerical order to read as follows:
      76.3  Other pertinent rules.
     * * * * *
     Part 11-Emergency Alert System (EAS)
     * * * * *
                                 * * * * *
     17.  Section 76.5 is amended by adding a new paragraph (qq)
to read as follows:
      76.5  Definitions.
                                 * * * * *
     (qq)  Emergency Alert System (EAS).  The EAS is composed of
broadcast networks; cable networks and program suppliers; AM, FM
and TV broadcast stations; Low Power TV (LPTV) stations; subject
cable systems; and other entities and industries operating on an
organized basis during emergencies at the National, State, or
local levels.
     18.  Section 76.301 is revised to read as follows:.
      76.301  Copies of rules.
     The operator of a cable television system shall have a
current copy of Part 76 and, if subject to the Emergency Alert
System (EAS) rules contained in Part 11, an EAS Operating
Handbook, and is expected to be familiar with the rules governing
cable television systems and the EAS.  Copies of the Commission's
Rules may be obtained from the Superintendent of Documents,
Government Printing Office, Washington, D.C. 20402, at nominal
cost.  Copies of the EAS Operating Handbook may be obtained from
the Commission's EAS staff, in Washington, DC.
     19. Section 76.305 is amended by adding a new paragraph
(a)(1) to read as follows.
      76.305  Records to be maintained locally by cable system
operators for public inspection.
     (a) * * *
     (1) A record shall be kept of each test and activation of
the Emergency Alert System (EAS) procedures pursuant to the
requirement of part 11 of this chapter and the EAS Operating
Handbook.  These records shall be kept for three years.
                                * * * * *                                APPENDIX F
                             GLOSSARY OF TERMS
Activation -
     the initiation of the EAS by transmission of the EAS codes
ASCII -
     a standard set of text characters with numerical equivalents
Attention Signal -
     eight seconds of two tones (853 and 960 Hz) used as an audio
     alert
Audio Frequency Shift Keying (AFSK) -
     a digital modulation technique that uses two shifting audio
     frequencies to transmit binary data
Authenticator Word Lists -
     a list of words that federal officials send prior to
     official EAS national activation; used to substantiate the
     information being sent
Authorization -
     the official authorization, given by FCC, for a broadcast
     station to go off the air during a national level activation
     of the EAS
Automatic Interruption -
     the automatic encoding and transmission of EAS codes for
     preselected events
Baud Rate -
     the speed of data transmitted, equal to number of elements
     sent per second (equal to bits per second if a bit is the
     element)
Bit Rate -
     the speed of binary data transmitted, equal to the number of
     digital bits sent per second
Certification -
     an equipment authorization issued by the FCC based on
     representations and test data submitted by the applicant for
     equipment designated to be operated without individual
     license under Parts 15 and 18 of the rules
Class D FM station -
     a station whose output power is 10 Watts or less
Closed Circuit Test (CCT) -
     a test of the EAN network from FEMA to the EAN program
     participants, and ending at the facilities of the EAN
     participants' affiliates
Direct Broadcast Satellite (DBS) -
     a service intended to deliver satellite signals directly to
     consumers using small, relatively inexpensive receive
     stations
Decoder (EAS) -
     an electronic device used by EAS participants to receive EAS
     alerts and to translate the EAS codes into a visual message
Decoder (Two-Tone) -
     an electronic device that alerts operators to the reception
     of the two-tone signal
EAN network -
     the interconnection of the Federal Government with national
     networks and program suppliers used to disseminate the EAN
     messages
Emergency Action Notification (EAN) -
     the message for national EAS activation
Emergency Action Termination (EAT) -
     the message for national EAS termination
Encoder (EAS) -
     an electronic device used by EAS participants to originate
     EAS alerts by creating the EAS codes for transmission to
     other participants and the public
Encoder (Two-Tone) -
     an electronic device that produces the two-tone signal
EOM Code -
     in ASCII form 'NNNN', this burst of data, sent three times
     signifies the end of an EAS message and EAS activation
Event Code -
     a three character ASCII code in the EAS headers that denotes
     the type or cause of emergency event
Federal Emergency Management Agency (FEMA) -
     one of the three federal agencies that administer EAS
FIPS Number -
     a five character ASCII code in the EAS headers that
     represent those counties affected by an EAS activation, as
     defined by the Federal Information Processing System that
     assigns each state and territory with their respective
     counties a five digit number
Header Code -
     a single string of intelligent digital EAS ASCII data that
     includes the originator, event, location, time period, and
     other basic information concerning an emergency; three
     header codes precede the voice warning message
Julian Calendar -
     a method of specifying the date by the number of days which
     have passed since the first day of January in a year
Key Source -
     a source which is central to the dissemination of emergency
     alerts and information, such as an NP, SP, SR, or LP
     broadcast station
Local Primary (LP) -
     a key source within a local area that is the primary source
     of EAS programming for that local area
Location Code -
     an ASCII code in an EAS header that specifies the location
     of an emergency utilizing the five character FIPS code of a
     state and county, and a sixth character to designate nine
     divisions of a county
Low Power Television (LPTV) -
     a television signal translator station which also originates
     programming
Mapbook -
     a list of broadcast and cable systems and their EAS
     designation delineated by state and local area for use by
     other stations to determine the best source of EAS
     monitoring; an FCC generated attachment to every state plan
Mark Frequency -
     the audio frequency of AFSK modulation that corresponds to a
     digital bit of one (1); the mark frequency of EAS codes is
     6250/3 Hz, or approximately 2083.33 Hz
Monitoring Assignment -
     the off-air broadcast or cable sources of EAS activations
     and programming as given in the FCC Mapbook and the state
     plans
National Control Point Procedures -
     those national EAS procedures used only by national networks
     and program suppliers
National Information Center (NIC) -
     a source of official federal government information
National Oceanic and Atmospheric Administration (NOAA) -
     one of the three federal agencies that participate in EAS
National Periodic Test (NPT) -
     tests of National Primary sources
National Primary (NP) -
     a primary source of Presidential or other national EAS
     activations and programming, including broadcast stations
     involved with the PEP system and EAN Networks
National Weather Service (NWS) -
     an operation of NOAA that is directly responsible for
     issuing local weather-related emergency alerts and warnings
     in addition to day-to-day forecasts and other weather
     activities
NOAA Weather Radio (NWR) -
     a service of the National Weather Service that provides to a
     local area continuous broadcasts of the latest weather
     information and any weather-related emergency warnings using
     one of seven VHF radio channels
Non-participating National (NN) -
     an EAS source (usually a broadcast station) that has elected
     not to participate in the National-level EAS and removes its
     carrier from the air if a national-level activation occurs
Operating Handbook -
     a document issued by the FCC that instructs broadcast
     station and cable personnel of the actions they must take
     during an activation of EAS
Operator Interruption -
     the transmission of an EAS activation which has been
     manually initiated by broadcast station or cable system
     personnel
Originator Code -
     a three character ASCII code in an EAS header which denotes
     the source of an activation
Participating National (PN) -
     broadcast stations, cable systems, or MDS stations which
     monitor primary sources of EAS programming and directly feed
     emergency alerts to the public
Preselected code -
     an EAS event which the operator of EAS equipment has chosen
     to be automatically encoded and retransmitted upon reception
Primary Entry Point (PEP) -
     key broadcast stations throughout the U.S. which together
     can provide national emergency information in the event that
     the primary national alerting methods are inoperable
Protocol -
     a standard set of guidelines by which digital information is
     encoded and decoded, including the common code structure,
     the character set used, the sequence and timing of codes,
     and modulation technique used for radio transmission
Program Priorities -
     the precedence of the information that must be transmitted
     during an EAS activation, namely national, local, and state
     activations in that order
Radio Broadcast Data System (RBDS) -
     a defined protocol for data that is transmitted on the 57
     kHz subcarrier of FM radio broadcast stations utilized
     mainly by consumer devices equipped to receive it
Required Monthly Test (RMT) -
     a coordinated monthly test of EAS operations involving the
     full receiving and transmission of EAS codes, Attention
     Signal, EAS test programming, and EAS EOM codes
Required Weekly Test (RWT) -
     an independent weekly test of EAS equipment only involving
     the decoding and encoding of EAS header codes and EOM codes
RS-232 -
     a common interface standard which specifies the mechanical
     connection, electrical signals, and the function of the
     signals carried across the interface
Space Frequency -
     the audio frequency of AFSK modulation that corresponds to a
     digital bit of zero (0); the space frequency of EAS codes is
     6250/4 Hz, or 1562.5 Hz
State/Local Plan -
     a document that details monitoring assignments, actions to
     be taken in emergency activations, and other guidance for
     broadcasters and cable personnel in use of the EAS
State Primary (SP) -
     a primary source of EAS state programming which can
     originate with a Governor or designated representative, such
     as a state's emergency operations officer
State Relay (SR) -
     an entity which receives and retransmits EAS activations in
     a State Relay Network to assist in bringing a state
     activation to all Local Areas of a state
State Relay Network -
     a system of facilities used to distribute State EAS
     activations and programming across a state
Subcarrier -
     an inaudible portion of the broadcast signal that is added
     to the program signal of the FM or TV sound and these can
     include the FM 57 kHz, 67 kHz, 69 kHz, and 92 kHz and the TV
     Subsidiary Communications Services
Subsidiary Communications Services -
     a subcarrier of television and FM stations providing a
     second audio programming source
Type Acceptance -
     an equipment authorization issued by the FCC based on test
     data submitted by the applicant for equipment to be used
     pursuant to a station authorization
UTC -
     Coordinated Universal Time, the world-wide common time
     standard that is used in EAS headers for time stamp
Valid Code -
     an EAS header which has been matched bit-for-bit with one of
     two other received headers thereby checked for validity
WRSAME -
     Weather Radio Specific Area Message Encoder, a device used
     by National Weather Service to broadcast WRSAME data on the
     National Weather Radio for day-to-day forecasts and weather-
     related emergency announcements                                APPENDIX G
                              EAS  TIMETABLE
                                 TIMETABLE
                            BROADCAST STATIONS
Requirement      11/10/94         7/1/95     7/1/96     7/1/97
Two-tone         20-25            8-25       8-25       8-25
encoder timing   seconds          seconds    seconds    seconds
1/
_________________________________________________________________
_
Two-tone         Begin changing   All        3-4        Two-tone
decoder          timing from 8-   decoders   sec.       decoders
timing           16 to 3-4 sec.   at 3-4                no longer
                                  sec.                  used
_________________________________________________________________
_
EAS decoder      Use is           Use is     Use as     Use as
and encoder      optional         optional   required   required
_________________________________________________________________
_
                               CABLE SYSTEMS
Requirement       Before 7/1/97      7/1/97 2/
Two-tone          Use is             Use as
signal from       optional,          required,
storage           8-25               8-25
device 1/         seconds            seconds
__________________________________________________
EAS decoder       Use is             Use as
and encoder       optional           required 2/
__________________________________________________
1/  Two-tone signal used only to provide audio alert to audience
    before EAS emergency messages and required monthly test.
2/  On this date, cable systems shall provide: (1) a video
    message on all channels or other alerting techniques to
    hearing impaired and deaf subscribers, (2) an audio message
    and video interruption on all channels, and (3) a video
    message on at least one channel to all subscribers.
NOTE: Class D FM and low power TV stations are not required to
have two-tone or EAS encoders.  LPTV stations that operate as
television broadcast translator stations are exempt from the
requirement to have EAS equipment.
                                APPENDIX G
                             EAS  REQUIREMENTS
                               REQUIREMENTS
                            BROADCAST STATIONS
Requirement              AM       FM     FM Class D       TV       LPTV 1/
Two-tone decoder          Y        Y          Y            Y         Y
(until 7/1/97)
__________________________________________________________________________
Two-tone encoder          Y        Y          N            Y         N
__________________________________________________________________________
EAS decoder               Y        Y          Y            Y         Y
(7/1/96)
__________________________________________________________________________
EAS encoder               Y        Y          N            Y         N
(7/1/96)
__________________________________________________________________________
Audio message(7/1/96)     Y        Y          Y            Y         Y
__________________________________________________________________________
Video message(7/1/96)                                      Y         Y
__________________________________________________________________________
                                CABLE SYSTEMS
Requirement
Two-tone decoder                      N
______________________________________________________
Two-tone encoder                      N
_____________________________________________________
EAS decoder                           Y
(7/1/97)
______________________________________________________
EAS encoder                           Y
(7/1/97)
______________________________________________________
Audio message                         Y 2/
on all channels
(7/1/97)
______________________________________________________
Video interruption on all             Y 3/
channels, video message on
one channel (7/1/97)
______________________________________________________
1/  LPTV stations that operate as television broadcast translator stations
    are exempt from the requirement to have EAS equipment.
2/  Shall transmit two-tone signal, but it may be from a storage device.
3/  Shall provide video on all channels or other alerting techniques to
    certified hearing impaired and deaf subscribers.
                                APPENDIX G
                             EAS  REQUIREMENTS
                     AS  PROPOSED  FOR  MDS  SYSTEMS
Requirement
Two-tone decoder                  N
______________________________________________________
Two-tone encoder                  N 1/
______________________________________________________
EAS decoder                       Y
(1/1/01)
______________________________________________________
EAS encoder                       N
(1/1/01
______________________________________________________
Audio message                     Y 1/
on all channels
(1/1/01)
______________________________________________________
Video interruption on all         Y 2/
channels, video message on
one channel (1/1/01)
______________________________________________________
1/  Shall transmit two-tone signal, but it may be from a storage device.
2/  Shall provide video on all channels or other alerting techniques to
    certified hearing impaired and deaf subscribers.