29660 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

(D) The date and time that the ship’s

owner, operator or master was notified

that the ship failed the inspection.

* * * * *

12. Section 80.802 is amended by

revising paragraph (a) introductory text

to read as follows:

§ 80.802 Inspection of station.

(a) Every ship of the United States

subject to Part II of Title III of the

Communications Act or Chapter IV of

the Safety Convention equipped with a

radiotelegraph installation must have

the required radio equipment inspected

by an FCC-licensed technician holding

a Second Class Radiotelegraph

Operator’s Certificate, or First Class

Radiotelegraph Operator’s Certificate

once every 12 months. If the ship passes

the inspection the technician will issue

a Cargo Ship Safety Radio Certificate.

Cargo Ship Safety Radio Certificates

may be obtained from the Commission’s

National Call Center—(888) 225–5322—

or from its Forms contractor.

* * * * *

13. Section 80.818 is amended by

revising paragraph (b) to read as follows:

§ 80.818 Direction finding and homing

equipment.

* * * * *

(b) On or after May 25, 1980, must be

equipped with radio direction finding

apparatus having a homing capability in

accordance with § 80.824.

14. Section 80.819 is amended by

revising paragraph (a) introductory text

to read as follows:

§ 80.819 Requirements for radio direction

finder.

(a) The radio direction finding

apparatus must:

* * * * *

15. Section 80.822 is revised to read

as follows:

§ 80.822 Contingent acceptance of

direction finder calibration.

When the required calibration can not

be made before departure from a harbor

or port for a voyage in the open sea, the

direction finder may be tentatively

approved on condition that the master

certifies in writing that the direction

finder will be calibrated by a competent

technician.

16. Section 80.835 is amended by

removing the fourth sentence in

paragraph (a).

17. Section 80.851 is amended by

redesignating the text as paragraph (a)

and adding a new paragraph (b) to read

as follows:

§ 80.851 Applicability.

* * * * *

(b) Until February 1, 1999, the

inspection of all cargo vessels equipped

with a radiotelephone installation

operated on domestic or international

voyages must be conducted by an FCClicensed technician in accordance with

§ 80.59 once every 12 months. If the

ship passes the inspection the

technician will issue a Safety

Certificate. Cargo Ship Safety Radio

Certificates may be obtained from the

Commission’s National Call Center—

(888) 225–5322—or from its forms

contractor.

18. Section 80.903 is revised to read

as follows:

§ 80.903 Inspection of radiotelephone

installation.

Every vessel subject to Part III of Title

III of the Communications Act must

have a detailed inspection of the radio

installation by an FCC-licensed

technician in accordance with § 80.59

once every five years. The FCC-licensed

technician must use the latest FCC

Information Bulletin, How to Conduct

an Inspection of a Small Passenger

Vessel. If the ship passes the inspection,

the technician will issue a

Communications Act Safety

Radiotelephony Certificate.

Communications Act Radiotelephony

Certificates may be obtained from the

Commission’s National Call Center—

(888) 225–5322—or from its forms

contractor.

19. Section 80.1067 is amended by

revising paragraph (a) to read as follows:

§ 80.1067 Inspection of station.

(a) Ships must have the required

equipment inspected at least once every

12 months by an FCC-licensed

technician holding a GMDSS Radio

Maintainer’s License. If the ship passes

the inspection the technician will issue

a Safety Certificate. Safety Certificates

may be obtained from the Commission’s

National Call Center at 1–888–CALL

FCC (1–888–225–5322) or from its field

offices. The effective date of the ship

Safety Certificate is the date the station

is found to be in compliance or not later

than one business day later. The FCClicensed technician must use the latest

FCC Information Bulletin, How to

Conduct a GMDSS Inspection. Contact

the FCC’s National Call Center at 1–

888–CALL FCC (1–888–225–5322) to

request a copy.

* * * * *

[FR Doc. 98–13463 Filed 5–29–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 11 and 76

[FO Dockets No. 91–171, 91–301; FCC 97–

338]

Emergency Alert System

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Second Report and

Order modifies the Emergency Alert

System (EAS) as it applies to wired

cable TV systems. Also, wireless cable

TV systems are required to participate

in EAS. Deadlines for compliance are

established. Small cable systems are

allowed five years to phase-in EAS and

may operate with reduced EAS

equipment requirements. Larger cable

systems must comply by December 31,

1998. Satellite Master Antenna TV and

Video Dial Tone/Open Video Systems

are not required to participate. State and

local regulations relating to emergency

communications and EAS are not

preempted, but will be if these

regulations interfere with EAS.

EFFECTIVE DATE: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

David Sturdivant, Compliance and

Information Bureau, (202) 418–1220.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Second

Report and Order in FO Dockets 91–

171; 91–301, adopted September 24,

1997, and released September 29, 1997.

The full text of this Federal

Communications Commission’s (FCC)

Second Report and Order is available

for inspection and copying during

normal business hours in the FCC’s

Public Reference Center (Room 239),

1919 M Street, N.W., Washington, D.C.

20554. The complete text may also be

purchased from the Commission’s

duplication contractor, International

Transcription Service, Inc., 1231 20th

Street, NW, Washington, D.C. 20036;

phone: (202) 857–3800, facsimile: (202)

857–3805.

Synopsis of Second Report and Order

The FCC adopted a Second Report

and Order pertaining to the

participation by wired and wireless

cable TV systems in the Emergency

Alert System (EAS). The rule changes

are provided at the end of this synopsis.

EAS replaced the Emergency

Broadcast System (EBS), and uses

various communications technologies,

such as broadcast stations and cable

systems, to alert the public regarding

national, state and local emergencies.
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29661

EAS, compared to EBS, includes more

sources capable of alerting the public

and specifies new equipment standards

and procedures to improve alerting

capabilities.

In 1994, the Commission issued a

Report and Order 59 FR 67090,

December 28, 1994 in this proceeding

dealing largely with the participation by

broadcast stations in EAS, but also

directing that wired cable TV systems

participate, and specifying the nature of

this participation. The Report and Order

added a new part 11 (47 CFR part 11)

to the FCC’s rules containing EAS

regulations. At the same time, the

Commission issued a Further Notice of

Proposed Rule Making (FNPRM) 59 FR

67104, December 28, 1994.

The Second Report and Order

modifies some of the requirements in

the Report and Order applying to wired

cable systems, and addresses issues

raised in the FNPRM.

The FNPRM asked for comments

regarding whether small wired cable

systems should be exempted from

participation in EAS. The Second

Report and Order concludes that the

FCC lacks legal authority to exempt

small cable systems, but allows them

five years to comply with the EAS

requirements. The new rules addressing

this issue and establishing deadlines for

large systems state the following:

—Wired cable TV systems serving less

than 5,000 subscribers from a

headend must by October 1, 2002,

provide either the national level EAS

message (including tests) on all

programmed channels or operate EAS

equipment that provides a video

interrupt and audio alert (informing

listeners of the channel carrying

emergency information) on all

programmed channels and an EAS

audio and video message (providing

emergency information) on at least

one programmed channel.

—Wired cable systems serving 5,000 or

more, but fewer than 10,000

subscribers must by October 1, 2002,

operate EAS equipment that provides

EAS audio and video messages

(emergency information) on all

programmed channels.

—Wired cable systems serving 10,000 or

more subscribers must by December

31, 1998, operate EAS equipment that

provides EAS audio and video

messages (emergency information) on

all programmed channels.

The FNPRM, proposed to require

wireless cable TV systems to participate

in EAS. The Second Report and Order

concludes that wireless cable systems

that own or lease facilities and channels

that transmit programming to the

subscribing public by the Multipoint

Distribution Service (MDS),

Multichannel Multipoint Distribution

Service (MMDS) or Instructional

Television Fixed Service (ITFS) must

comply with the EAS requirements. The

following is required of these wireless

cable systems:

—Wireless cable systems serving less

than 5,000 subscribers from a single

transmission site must by October 1,

2002, provide either the national level

EAS message (including required

tests) on all programmed channels or

operate EAS equipment that provides

a video interrupt and audio alert

(informing listeners of the channel

carrying emergency information) on

all programmed channels and an EAS

audio and video message (providing

emergency information) on at least

one programmed channel.

—Wireless cable systems serving 5,000

or more subscribers must by October

1, 2002, operate EAS equipment that

provides EAS audio and video

messages (emergency information) on

all programmed channels.

The FNPRM also requested comments

concerning whether Satellite Master

Antenna TV (SMATV) systems and

Video Dial Tone (VDT) (video

programming delivered by common

carriers)(now referred to as Open Video

Systems (OVS)) should be required to

operate EAS equipment. The Second

Report and Order concludes that

participation by these services in EAS

will be voluntary. However, the FCC

will monitor these services regarding

whether mandatory participation might

be appropriate in the future. Other

services are encourage to participate in

EAS.

Finally, the FNPRM asked for

comments regarding whether EAS can

coexist with state and local government

regulations and franchise agreements

relating to emergency communications

and EAS on cable systems, and whether

the FCC should preempt conflicting

state and local requirements. The

Second Report and Order declines to

exercise preemption, but warns that if a

jurisdiction takes action that interferes

with the national warning functions of

EAS, the action will be preempted by

the FCC.

Paperwork Reduction Act of 1995

Analysis

As required by the Paperwork

Reduction Act of 1995, the Second

Report and Order contains a paperwork

reduction analysis. The analysis

concludes that the requirements

adopted in the Second Report and Order

impose new or modified information

collection requirements on the public.

The FCC as part of its effort to reduce

paperwork burdens, invites the general

public and OMB to comment on the

information collection requirements

contained in the Second Report and

Order.

Written comments by the public are

due within 30 days after publication of

this notice in the Federal Register.

Comments should be submitted to Judy

Boley, FCC, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to jboley@fcc.gov; and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725 17th Street, N.W.,

Washington, DC 20503, or via the

Internet to fainlt@al.eop.gov. For

additional information, contact Judy

Boley at 202–418–0214 or at above

Internet address.

The information collection

requirements contained in the attached

rules becomes effective July 31, 1998,

following OMB approval, unless timely

notice is published in the Federal

Register stating otherwise.

Final Regulatory Flexibility Analysis

As required by the Regulatory

Flexibility Act of 1980, as amended, the

Second Report and Order contains a

final regulatory flexibility analysis. No

comments were submitted in response

to the initial Regulatory Flexibility

Analysis. However, comments in

response to the FNPRM raised issues

regarding small cable systems. Concern

was expressed that if small cable

systems were required to buy EAS

equipment, this would adversely impact

on their finances. The Commission,

though, concluded that it did not have

legal authority to exempt small cable

systems from the EAS requirements.

Furthermore, participation by small

cable systems in EAS would provide

emergency messages to people that

otherwise would not receive these

messages, and this would save lives and

property. However, the Commission

acknowledged that EAS equipment

costs could have a detrimental financial

impact on small cable systems and their

surrounding communities. To minimize

this financial burden, the FCC allowed

small systems to phase-in EAS over five

years and reduced some of the EAS

equipment requirements.

Legal Basis

The Second Report and Order is

issued under the authority contained in

sections 1, 4(i) and (o), 303(r), 624(g)

and 706 of the Communications Act of

1934, as amended. 47 U.S.C. 151, 154(i)

and (o), 303(r), 544(g) and 606.
29662 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

List of Subjects

47 CFR Part 11

Emergency alert system, Radio,

Television.

47 CFR Part 76

Administrative practice and

procedure, Cable television, Reporting

and recordkeeping requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Amendments

For the reasons stated in the preamble

parts 11 and 76 of Title 47 of the Code

of Federal Regulations are amended as

follows:

PART 11—EMERGENCY ALERT

SYSTEM (EAS)

1. The authority citation for part 11

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i) and (o),

303(r), 544(g) and 606.

2. Section 11.11 is revised to read as

follows:

§ 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; wireless cable systems

which may consist of Multipoint

Distribution Service (MDS),

Multichannel Multipoint Distribution

Service (MMDS), or Instructional

Television Fixed Service (ITFS) stations;

and other entities and industries

operating on an organized basis during

emergencies at the National, State and

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 AM & FM TV FM class D LPTV1

Two-tone encoder 2 3 .......................................................... Y ................................ Y ................................ N ................................ N

Two-tone decoder 4 5 .......................................................... Y ................................ Y ................................ Y ................................ Y

EAS decoder ...................................................................... Y 1/1/97 ..................... Y 1/1/97 ..................... Y 1/1/97 ..................... Y 1/1/97

EAS encoder ...................................................................... Y 1/1/97 ..................... Y 1/1/97 ..................... N ................................ N

Audio message ................................................................... Y 1/1/97 ..................... Y 1/1/97 ..................... Y 1/1/97 ..................... Y 1/1/97

Video message ................................................................... N/A ............................ Y 1/1/97 ..................... N/A ............................ Y 1/1/97

1 LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment.

2Effective July 1, 1995, the two-tone signal must be 8–25 seconds.

3Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and

the required monthly tests. 4Effective July 1, 1995, the two-tone decoder must respond to two-tone signals of 3–4 seconds duration.

5Effective January 1, 1998, the two-tone decoder will no longer be used.

EAS REQUIREMENTS CABLE SYSTEMS

A. Cable systems serving fewer than 5,000 subscribers from a headend must either provide the national level EAS message on all programmed

channels—including the required testing—by October 1, 2002, or comply with the following EAS requirements. All other cable systems must

comply with B.

B. EAS Equipment Requirement.

System size and effective dates

≥10,000 subscribers ≥5,000 but <10,000

subscribers <5,000 subscribers

Two-tone signal from storage device1 ............................................ Y 12/31/98 .......................... Y 10/1/02 ................... Y 10/1/02

Two-tone decoder ........................................................................... N ......................................... N ................................ N

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

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

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

Video interrupt and audio alert message on all channels; 2 Audio

and Video EAS message on at least one channel.

N ......................................... N ................................ Y 10/1/02

1Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and required monthly test. The two-tone

signal must be 8–25 seconds in duration. 2The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert

must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message.

Note: Programmed channels do not include channels used for the transmission of data such as interactive games.

WIRELESS CABLE SYSTEMS

(MDS/MMDS/ITFS Stations)

A. Wireless cable systems serving fewer than 5,000 subscribers from a single transmission site must either provide the national level EAS message on all programmed channels—including the required testing—by October 1, 2002, or comply with the following EAS requirements. All

other wireless cable systems must comply with B.

B. EAS Equipment Requirement.
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29663

System size and effective dates

≥5,000 subscribers <5,000 subscribers.

EAS decoder .................................................................................................................................... Y 10/1/02 ................... Y 10/1/02

EAS encoder1 .................................................................................................................................. Y 10/1/02 ................... Y 10/1/02

Audio and Video EAS Message on all channels ............................................................................. Y 10/1/02 ................... N

Video interrupt and audio alert message on all channels; 2 Audio and Video EAS message on at

least one channel.

N ................................ Y 10/1/02

1Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and required monthly test. The two-tone

signal must be 8–25 seconds in duration. 2The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert

must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message.

Note: Programmed channels do not include channels used for the transmission of data services such as Internet.

(b) Class D non-commercial

educational FM stations as defined in

§ 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. FM broadcast

booster stations as defined in

§ 74.1201(f) of this chapter and FM

translator stations as defined in

§ 74.1201(a) of this chapter which

entirely rebroadcast the programming of

other local FM broadcast stations are not

required to comply with the

requirements of this part.

(c) For purposes of the EAS,

Multipoint Distribution Service (MDS)

and Multichannel Multipoint

Distribution Service (MMDS) stations

operated in accordance with subpart K

of part 21 of this chapter and

Instructional Television Fixed Service

(ITFS) stations operated as part of

wireless cable systems in accordance

with subpart I of part 74 of this chapter

are defined as follows:

(1) A ‘‘wireless cable system’’ is a

collection of channels in the MDS,

MMDS, or ITFS used to provide video

programming services to subscribers.

The channels may be licensed to or

leased by the wireless cable system

operator.

(2) A ‘‘wireless cable operator’’ is the

entity that has acquired the right to use

the channels of a wireless cable system

for transmission of programming to

subscribers.

(d) Local franchise authorities and

cable television system operators may

enter into mutual agreements that

require the installation of EAS

equipment before the required dates

listed in the tables in pargraph (a).

Additionally, local franchise authorities

may use any EAS codes authorized by

the FCC in any agreements.

(e) 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.

3. Section 11.13 is revised to read as

follows:

§ 11.13 Emergency Action Notification

(EAN) and Emergency Action Termination

(EAT).

(a) The Emergency Action

Notification (EAN) is the notice to all

broadcast stations, cable systems and

wireless 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, cable systems and

wireless cable systems, other regulated

services of the FCC, participating

industry entities, and to the general

public that the EAN has terminated.

4. Section 11.15 is revised to read as

follows:

§ 11.15 EAS Operating Handbook.

The EAS Operating Handbook states

in summary form the actions to be taken

by personnel at broadcast stations, cable

systems and wireless 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. 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.

5. Section 11.17 is amended by

revising the fourth sentence of the

introductory text to read as follows:

§ 11.17 Authenticator word lists.

* * * LPTV stations and cable

systems and wireless cable systems do

not receive authenticator lists.

* * * * *

6. Section 11.19 is revised to read as

follows:

§ 11.19 EAS Non-participating National

Authorization Letter.

This authorization letter is issued by

the FCC to broadcast station licensees

and cable systems and wireless cable

systems. It states that the licensee, cable

operator or wireless cable operator has

agreed to go off the air or in the case of

cable discontinue programming on all

channels during a national level EAS

message. For Broadcast licensees this

authorization will remain in effect

through the period of the initial license

and subsequent renewals from the time

of issuance unless returned by the

holder or suspended, modified or

withdrawn by the Commission.

7. Section 11.21 is amended by

revising the first sentence of the

introductory text and paragraph (a) to

read as follows:

§ 11.21 State and Local Area Plans and

FCC Mapbook.

EAS plans contain guidelines which

must be followed by broadcast and cable

personnel, emergency officials and

National Weather Service (NWS)

personnel to activate the EAS. * * *

(a) The State plan contains procedures

for State emergency management and

other State officials, the NWS, and

broadcast and cable personnel to

transmit emergency information to the

public during a State emergency using

the EAS.

* * * * *

8. Section 11.31 is amended by

revising the last sentence of paragraph

(b), the last sentence of paragraph (c)

introductory text, and in paragraph (c),

in the definitions following the format

example, the third and fifth sentences of

the definition of ‘‘PSSCCC’’ code and

the first sentence of the definition of the

‘‘LLLLLLLL’’—code to read as follows:

§ 11.31 EAS protocol.

* * * * *

(b) * * * FM or TV call signs must

use a slash ASCII character number 47

(/) in lieu of a dash.
29664 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

(c) * * * Examples are provided in

FCC Public Notices.

* * * * *

PSSCCC—* * * The Location code uses

the Federal Information Processing Standard

(FIPS) numbers as described by the U.S.

Department of Commerce in National

Institute of Standards and Technology

publication FIPS PUB 6–4. * * * Each

county and some cities are assigned a CCC

number. * * *

* * * * *

LLLLLLLL—This is the identification of

the broadcast station, cable system, MDS/

MMDS/ITFS station, NWS office, etc.,

transmitting or retransmitting the message.

* * *

* * * * *

9. Section 11.35 is revised to read as

follows:

§ 11.35 Equipment operational readiness.

(a) Broadcast stations and cable

systems and wireless cable systems are

responsible for ensuring that EAS

Encoders, EAS Decoders and Attention

Signal generating and receiving

equipment used as part of the EAS are

installed so that the monitoring and

transmitting functions are available

during the times the stations and

systems are in operation. Additionally,

broadcast stations and cable systems

and wireless 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 as specified in

§ 76.305 of this chapter, MDS/MMDS

station records as specified in § 21.304

of this chapter, indicating reasons why

any tests were not received.

(b) If the EAS Encoder or EAS

Decoder becomes defective, the

broadcast station, cable system or

wireless cable system may operate

without the defective equipment

pending its repair or replacement for 60

days without further FCC authority.

Entries shall be made in the broadcast

station log, cable system or wireless

cable system station 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) If repair or replacement of

defective equipment is not completed

within 60 days, an informal request

shall be submitted to the District

Director of the FCC field office serving

the area in which the broadcast station,

cable system or wireless cable system is

located for additional time to repair the

defective equipment. This request must

explain what steps have been taken to

repair or replace the defective

equipment, the alternative procedures

being used while the defective

equipment is out of service, and when

the defective equipment will be repaired

or replaced.

10. Section 11.41 is revised to read as

follows:

§ 11.41 Participation in EAS.

(a) All broadcast stations and cable

systems and wireless cable systems

specified in § 11.11 are categorized as

Participating National (PN) sources

unless authorized by the FCC to be a

Non-Participating (NN) sources.

(b) A broadcast station and cable

system and wireless 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 after transmitting specified

information.

(1) A station or system that is a Nonparticipating National (NN) source

under § 11.18(f) 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 and

wireless cable system management and

should comply with State and Local

Area EAS Plans.

(c) All sources, including NN, must

have immediate access to an EAS

Operating Handbook. They should

contact the FCC to ensure that they are

on the FCC EAS mailing list. Broadcast

stations must also have a current copy

of the Red Envelope Authenticator List.

11. Section 11.46 is amended by

revising the first sentence to read as

follows:

§ 11.46 EAS public service

announcements.

Broadcast stations, cable systems and

wireless cable systems may use Public

Service Announcements or obtain

commercial sponsors for

announcements, infomercials, or

programs explaining the EAS to the

public. * * *

12. Section 11.51 is amended by

revising paragraph (b); redesignating

paragraphs (e) through (l) as paragraphs

(f) through (m), adding a new paragraph

(e), and revising paragraphs (f) through

(m) to read as follows:

§ 11.51 EAS code and Attention Signal

Transmission requirements.

* * * * *

(b) When relaying EAS messages,

broadcast stations and cable systems

and wireless cable systems 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, cable

systems and wireless cable systems

should ensure that pauses in video

programming before EAS message

transmission do not cause television

receivers to mute EAS audio messages.

No Attention Signal is required for EAS

messages that do not contain audio

programming, such as a Required

Weekly Test.

* * * * *

(e) 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.

(f) Broadcast station equipment

generating the EAS codes and the

Attention Signal shall modulate a

broadcast station transmitter so that the

signal broadcast to other broadcast

stations and cable systems and wireless

cable systems alerts them that the EAS

is being activated or tested at the

National, State or Local Area level. The

minimum level of modulation for EAS

codes, measured at peak modulation

levels using the internal calibration

output required in § 11.32(a)(4), 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 October 1, 2002, cable

systems with fewer than 5,000

subscribers per headend and wireless

cable systems with fewer than 5,000

subscribers shall transmit EAS audio

messages in the same order specified in

paragraph (a) of this section on at least

one channel. The Attention Signal may

be produced from a storage device.

Additionally, cable systems and

wireless 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

shall comply with the aural signal

requirements in § 76.605 of this chapter,

(2) Provide a video interruption and

an audio alert message on all channels.
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29665

The audio alert message must state

which channel is carrying the EAS

video and audio message,

(3) Cable systems and wireless 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 and wireless cable

systems may elect not to interrupt EAS

messages from broadcast stations based

upon a written agreement between all

concerned. Further, cable systems and

wireless cable systems may elect not to

interrupt the programming of a

broadcast station carrying news or

weather related emergency information

with state and local EAS messages based

on a written agreement between all

parties.

(h) Effective December 31, 1998, cable

systems with 10,000 or more

subscribers; and, effective October 1,

2002, cable systems serving 5,000 or

more, but less than 10,000 subscribers

per headend and wireless cable systems

with 5,000 or more subscribers; shall

transmit EAS audio messages in the

same order specified in paragraph (a) of

this section. The Attention Signal may

be produced from a storage device.

Additionally, after the dates indicated,

these cable systems and wireless 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 and radio receivers equipped

with EAS decoders and to audibly alert

subscribers. Wireless cable systems

shall also provide sufficient signal

levels to operate subscriber television

and radio receivers equipped with EAS

decoders and to audibly alert

subscribers.

(2) The cable systems and wireless

cable systems in this paragraph (h) shall

transmit the EAS audio message

required in paragraph (a) of this section

on all downstream channels.

(3) The cable systems and wireless

cable systems in this paragraph (h) shall

transmit the EAS visual message on all

downstream channels. The visual

message shall contain the Originator,

Event, Location and the valid time

period of the EAS message. These are

elements of the EAS header code and

are described in § 11.31. If the visual

message is a video crawl, it shall be

displayed at the top of the subscriber’s

television screen or where it will not

interfere with other visual messages.

(4) Cable systems and wireless cable

systems may elect not to interrupt EAS

messages from broadcast stations based

upon a written agreement between all

concerned. Further, cable systems and

wireless cable systems may elect not to

interrupt the programming of a

broadcast station carrying news or

weather related emergency information

with state and local EAS messages based

on a written agreement between all

parties.

(i) If manual interrupt is used as

authorized in paragraph (k) of this

section, EAS Encoders must be located

so that broadcast station, cable system

or wireless cable system staff, at normal

duty locations, can initiate the EAS

code and Attention Signal transmission.

(j) Broadcast stations, and cable

systems and wireless 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 stations or

cable systems or wireless cable systems

with one EAS Encoder. The

requirements of § 11.32 must be met by

the combined facility.

(k) Broadcast stations and cable

systems and wireless cable systems are

required to transmit all received EAS

messages in which the header code

contains the Event codes for Emergency

Action Notification (EAN), Emergency

Action Termination (EAT), and

Required Monthly Test (RMT), and

when the accompanying location codes

include their State or State/county.

These EAS messages shall be

retransmitted unchanged except for the

LLLLLLLL-code which identifies the

broadcast station, cable system, wireless

cable system, or other entity

retransmitting the message. See

§ 11.31(c). If an EAS source originates

an EAS message with the Event codes in

this paragraph, it must include the

location codes for the State and counties

in its service area. When transmitting

the required weekly test, broadcast

stations and cable systems and wireless

cable systems shall use the event code

RWT. The location codes are the state

and county for the broadcast station city

of license or cable system or wireless

cable system community or city. Other

location codes may be included upon

approval of broadcast station, cable

system or wireless cable system

management. EAS messages may be

transmitted automatically or manually.

(1) Automatic interrupt of

programming and transmission of EAS

messages are required when facilities

are unattended. Automatic

transmissions must include a permanent

record that contains at a minimum the

following information: Originator,

Event, Location and valid time period of

the message. The decoder performs the

functions necessary to determine which

EAS messages are automatically

transmitted by the encoder.

(2) Manual interrupt of programming

and transmission of EAS messages may

be used. EAS messages with the EAN

Event code must be transmitted

immediately and Monthly EAS test

messages within 15 minutes. All actions

must be logged and include the

minimum information required for EAS

video messages.

(l) Broadcast stations and cable

systems and wireless cable systems may

employ a minimum delay feature, not to

exceed 15 minutes, for automatic

interrupt of EAS codes. However, this

may not be used for the EAN Event

which must be transmitted immediately.

(m) Either manual or automatic

operation of EAS equipment may be

used at broadcast stations and cable

systems and wireless cable systems that

use remote control. If manual operation

is used, an EAS decoder must be located

at the remote control location and it

must directly monitor the signals of the

two assigned EAS sources. If direct

monitoring of the assigned EAS sources

is not possible at the remote location,

automatic operation is required. If

automatic operation is used, the remote

control location may be used to override

the transmission of an EAS alert.

Broadcast stations and cable systems

and wireless cable systems may change

back and forth between automatic and

manual operation.

13. Section 11.52 is amended by

revising the third sentence of paragraph

(a), paragraphs (b) through (d)(2), and

the introductory sentence of paragraph

(e) to read as follows:

§ 11.52 EAS code and Attention Signal

Monitoring requirements.

(a) * * * The effective dates for cable

and wireless cable systems to install and

operate EAS equipment are set forth in

§ 11.11.

* * * * *

(b) If manual interrupt is used as

authorized in § 11.51(j)(2), decoders

must be located so that operators at their

normal duty stations at broadcast

stations and cable systems and wireless

cable systems can be alerted
29666 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

immediately when EAS messages are

received.

(c) Broadcast stations and cable

systems and wireless 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 comply with the EAS

monitoring requirements contained in

this section for the combined station or

system with one EAS Decoder. The

requirements of § 11.33 must be met by

the combined facility.

(d) Broadcast stations and cable

systems and wireless cable systems

must monitor two EAS sources. The

monitoring assignments of each

broadcast station and cable system and

wireless cable system are specified in

the State EAS Plan and FCC Mapbook.

They are developed in accordance with

FCC monitoring priorities.

(1) If the required EAS sources cannot

be received, alternate arrangements or a

waiver may be obtained by written

request to the FCC’s EAS office. In an

emergency, a waiver may be issued over

the telephone with a follow up letter to

confirm temporary or permanent

reassignment.

(2) Broadcast station and cable system

and wireless cable system management

shall determine which header codes

will automatically interrupt their

programming for State and Local Area

emergency situations affecting their

audiences.

(e) Broadcast stations and cable

systems and wireless cable systems are

required to interrupt normal

programming either automatically or

manually when they receive an EAS

message in which the header code

contains the Event codes for Emergency

Action Notification (EAN), Emergency

Action Termination (EAT), and

Required Monthly Test (RMT) for their

State or State/county location.

* * * * *

14. Section 11.53 is amended by

revising paragraph (a)(2) to read as

follows:

§ 11.53 Dissemination of Emergency

Action Notification.

* * * * *

(a) * * *

(2) Cable networks and program

suppliers to cable systems, wireless

cable systems and subscribers.

* * * * *

15. Section 11.54 is amended by

revising paragraph (b)introductory text;

redesignate paragraph (b)(8) through

paragraph (b)(14) as paragraph(b)(9)

through paragraph (b)(15); adding new

paragraph (b)(8); revising newly

designated paragraphs (b)(10), (b)(11)

and (b)(14), and paragraphs (c) and (d)

to read as follows:

§ 11.54 EAS operation during a National

Level emergency.

* * * * *

(b) Immediately upon receipt of an

EAN message, broadcast stations and

cable systems and wireless cable

systems must:

(1) * * *

* * * * *

(8) Cable systems and wireless cable

systems shall transmit all EAS

announcements visually and aurally as

specified in § 11.51(g) and (h).

* * * * *

(10) Broadcast stations may transmit

their call letters and cable systems and

wireless cable systems may transmit the

names of the communities they serve

during an EAS activation. State and EAS

Local Area identifications must also be

given as provided in State and Local

Area EAS plans.

(11) All broadcast stations and cable

systems and wireless cable systems

operating and identified with a

particular EAS Local Area must transmit

a common national emergency message

until receipt of the Emergency Action

Termination.

* * * * *

(14) The time of receipt of the EAN

and Emergency Action Termination

messages shall be entered by broadcast

stations in their logs (as specified in

§ 73.1820 and § 73.1840 of this chapter),

by cable systems in their records (as

specified in § 76.305 of this chapter),

and by subject wireless cable systems in

their records (as specified in § 21.304 of

this chapter).

(c) Upon receipt of an Emergency

Action Termination Message, broadcast

stations and cable systems and wireless

cable systems must follow the

termination procedures in the EAS

Operating Handbook.

(d) Broadcast stations and cable

systems and wireless 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, to other

participating broadcast stations, cable

systems and wireless cable systems.

16. Section 11.55 is amended by

revising the first sentence of paragraph

(a), revising paragraph (c) introductory

text, (c)(4) and (c)(7) to read as follows:

§ 11.55 EAS operation during a State or

Local Area emergency.

(a) The EAS may be activated at the

State and Local Area levels by broadcast

stations, cable systems and wireless

cable systems at their discretion for dayto-day emergency situations posing a

threat to life and property. * * *

* * * * *

(c) Immediately upon receipt of a

State or Local Area EAS message,

broadcast stations, cable systems and

wireless cable systems participating in

the State or Local Area EAS must do the

following:

* * * * *

(4) Broadcast stations, cable systems

and wireless cable systems participating

in the State or Local Area EAS must

discontinue normal programming and

follow the procedures in the State and

Local Area Plans. Television stations

must comply with § 11.54(b)(7) and

cable systems and wireless cable

systems must comply with § 11.54(b)(8).

Broadcast stations providing foreign

language programming shall comply

with § 11.54(b)(9).

* * * * *

(7) The times of the above EAS

actions must be entered in the broadcast

station, cable system or wireless cable

system records as specified in

§ 11.54(b)(14). FCC Form 201 may be

used to report EAS activations to the

FCC.

* * * * *

17. Section 11.61 is amended by

revising paragraph (a)(1)(ii);

redesignating paragraphs (a)(1)(iii) as

(a)(1)(v); adding new paragraphs

(a)(1)(iii) and (a)(1)(iv); revising newly

redesignated paragraph (a)(i)(v)and

(a)(2)(ii)(B); adding new paragraphs

(a)(2)(ii)(C), (a)(2)(ii)(D), (a)(2)(ii)(E), and

(a)(2)(v); and, revising paragraphs (a)(6)

and (b) to read as follows:

§ 11.61 Tests of EAS procedures.

(a) * * *

(1) * * *

(ii) Effective October 1, 2002, cable

systems with fewer than 5,000

subscribers per headend.

(iii) Effective December 31, 1998,

cable systems with 10,000 or more

subscribers; and, effective October 1,

2002, cable systems serving 5,000 or

more, but less than 10,000 subscribers

per headend.

(iv) Effective October 1, 2002, all

wireless cable systems.

(v) Tests in odd numbered months

shall occur between 8:30 a.m. and local

sunset. Tests in even numbered months

shall occur between local sunset and

8:30 a.m. They will originate from EAS

Local or State Primary sources. The time

of the test and script content will be

developed by State Emergency

Communications Committees in

cooperation with affected broadcast

stations, cable systems, wireless cable
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29667

1See 5 U.S.C. § 605(b). The RFA, see 5 U.S.C. 601

et seq., was amended by the Contract With America

Advancement Act of 1996, Pub.L. No. 104–121, 110

Stat. 847 (1996) (‘‘CWAAA’’). Title II of the

CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996.

systems, and other participants. Script

content may be in the primary language

of the broadcast station. These monthly

tests must be transmitted within 15

minutes of receipt by broadcast stations

and cable systems and wireless cable

systems in an EAS Local Area or State.

Class D non-commercial educational FM

and LPTV stations are required to

transmit only the test script.

(2) * * *

(ii) * * *

(B) Effective December 31, 1998, cable

systems with 10,000 or more subscribers

per headend must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on all programmed channels:

(C) Effective October 1, 2002, cable

systems serving fewer than 5,000

subscribers per headend must conduct

tests of the EAS header and EOM codes

at least once a week at random days and

times on at least one programmed

channel.

(D) Effective October 1, 2002, the

following cable systems and wireless

cable systems must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on all programmed channels:

(1) Cable systems serving 5,000 or

more, but less than 10,000 subscribers

per headend; and,

(2) Wireless cable systems with 5,000

or more subscribers.

(E) Effective October 1, 2002, the

following cable systems and wireless

cable systems must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on at least one programmed channel:

(1) Cable systems with fewer than

5,000 subscribers per headend; and,

(2) Wireless cable systems with fewer

than 5,000 subscribers. * * *

(v) TV stations, cable television

systems and wireless cable systems are

not required to transmit a video message

when transmitting the required weekly

test.

* * * * *

(6) EAS activations and special tests.

The EAS may be activated for

emergencies or special tests at the State

or Local Area level by a broadcast

station, cable system or wireless cable

system instead of the monthly or weekly

tests required by this section. To

substitute for a monthly test, activation

must include transmission of the EAS

header codes, Attention Signal,

emergency message and EOM code and

comply with the visual message

requirements in § 11.51. To substitute

for a weekly test of the Attention Signal

in paragraph (a)(2)(i) of this section,

activation must include transmission of

the Attention Signal and emergency

message. To substitute for the weekly

test of the EAS header codes and EOM

codes in paragraph (a)(2)(ii) of this

section, activation must include

transmission of the EAS header and

EOM codes. Television stations and

cable systems and wireless cable

systems shall comply with the aural and

visual message requirements in § 11.51.

Special EAS tests at the State and Local

Area levels may be conducted on daily

basis following procedures in State and

Local Area EAS plans.

(b) Entries shall be made in broadcast

station and cable system and wireless

cable system records as specified in

§ 11.54(b)(14) concerning EAS tests

received and transmitted.

PART 76—CABLE TELEVISION

SERVICE

18. The Authority citation for part 76

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154,

301, 302, 303, 303a, 307, 308, 309, 312, 315,

317, 325, 503, 521, 522, 531, 532, 533, 534,

535, 536, 537, 543, 544, 544a, 545, 548, 552,

554, 556, 558, 560, 561, 571, 572, 573.

19. Section 76.5 is amended by

revising 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;

cable systems and wireless cable

systems; and other entities and

industries operating on an organized

basis during emergencies at the

National, State, or local levels.

[FR Doc. 98–13462 Filed 5–29–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 21

[CC Docket No. 86–179; FCC 98–70]

Multipoint Distribution Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Consistent with previous

determinations by the Federal

Communications Commission and

judicial decisions, this Second Report

and Order continues to classify

subscription Multipoint Distribution

Service (‘‘MDS’’) as a non-broadcast

service. The order defers the

classification of non-subscription MDS,

and requires prior notification and

Commission approval before MDS

service can be offered on a nonsubscription basis.

EFFECTIVE DATE: August 10, 1998,

following approval by the Office of

Management and Budget, unless a

notice is published in the Federal

Register stating otherwise.

FOR FURTHER INFORMATION CONTACT:

Charles Dziedzic or Jerianne

Timmerman at (202) 418–1600.

SUPPLEMENTARY INFORMATION: A

summary of the Second Report and

Order follows. The complete text is

available for inspection and copying

during normal business hours in the

MDS public reference room, Room 207,

at the Federal Communications

Commission, 2033 M Street, N.W.,

Washington, D.C., and it may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036, (202) 857–

3800.

1. Synopsis of Second Report and

Order. Following the remand of

petitions to review by the United States

Court of Appeals for the District of

Columbia Circuit, the Federal

Communications Commission, in this

Second Report and Order, reaffirmed its

previous determination to classify

subscription Multipoint Distribution

Service (‘‘MDS’’) as a non-broadcast

service. Consistent with judicial

precedent, the Second Report and Order

defers the regulatory classification of

non-subscription MDS, and requires

prior notification and Commission

approval before MDS can be offered on

a non-subscription basis.

2. Final Regulatory Flexibility Act

Certification. Pursuant to the Regulatory

Flexibility Act of 1980, as amended

(‘‘RFA’’), 1 it is hereby certified that the

notification requirement for nonsubscription MDS service adopted

herein will not have a significant

economic impact on a substantial

number of small entities. As indicated

above in ¶¶ 6–8, we are not aware of any

instances in which MDS service has

been offered on a non-subscription

basis. Thus, the only impact of the

notification requirement will be the

submission of data concerning nonsubscription MDS service from the

limited number (if any) of MDS