[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29660-29667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13462]


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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.

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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.

[[Page 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 <a href="/cdn-cgi/l/email-protection#86ece4e9eae3ffc6e0e5e5a8e1e9f0"><span class="__cf_email__" data-cfemail="462c24292a233f0620252568212930">[email protected]</span></a>; and to 
Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, N.W., 
Washington, DC 20503, or via the Internet to <a href="/cdn-cgi/l/email-protection#b9dfd8d0d7e6e6cdf9d8d597dcd6c997ded6cf"><span class="__cf_email__" data-cfemail="4f292e262110103b0f2e23612a203f61282039">[email protected]</span></a>. 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.

[[Page 29662]]

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:


Sec. 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 Sec. 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                 LPTV \1\     
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.                       
\2\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.                                                                                   
\3\ Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and the required 
  monthly tests.                                                                                                                                        
\4\ Effective July 1, 1995, the two-tone decoder must respond to two-tone signals of 3-4 seconds duration.                                              
\5\ Effective 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                                         
                                      ------------------------------------------------------------------------------------------------------------------
                                                                                     <gr-thn-eq>5,000 but <10,000                                       
                                             <gr-thn-eq>10,000 subscribers                    subscribers                     <5,000 subscribers        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-tone signal from storage           Y 12/31/98...............................  Y 10/1/02.........................  Y 10/1/02                         
 device\1\.                                                                                                                                             
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     Y 12/31/98...............................  Y 10/1/02.........................  N                                 
 channels.                                                                                                                                              
Video interrupt and audio alert        N........................................  N.................................  Y 10/1/02                         
 message on all channels; \2\ Audio                                                                                                                     
 and Video EAS message on at least                                                                                                                      
 one channel.                                                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and required monthly test. The two-tone signal must
  be 8-25 seconds in duration.                                                                                                                          
\2\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert must give
  the channel where the EAS messages are carried and be repeated for the duration of the EAS message.                                                   
                                                                                                                                                        
Note: Programmed channels do not include channels used for the transmission of data such as interactive games.                                          


                         Wireless Cable Systems                         
                        (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.                                           
                                                                        


[[Page 29663]]


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                                                             System size and effective dates                    
                                       -------------------------------------------------------------------------
                                            <gr-thn-eq>5,000 subscribers             <5,000 subscribers.        
----------------------------------------------------------------------------------------------------------------
EAS decoder...........................  Y 10/1/02..........................  Y 10/1/02                          
EAS encoder\1\........................  Y 10/1/02..........................  Y 10/1/02                          
Audio and Video EAS Message on all      Y 10/1/02..........................  N                                  
 channels.                                                                                                      
Video interrupt and audio alert         N..................................  Y 10/1/02                          
 message on all channels; \2\ Audio                                                                             
 and Video EAS message on at least one                                                                          
 channel.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and        
  required monthly test. The two-tone signal must be 8-25 seconds in duration.                                  
\2\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS     
  emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated   
  for the duration of the EAS message.                                                                          
                                                                                                                
Note: Programmed channels do not include channels used for the transmission of data services such as Internet.  

    (b) Class D non-commercial educational FM stations as defined in 
Sec. 73.506 and LPTV stations as defined in Sec. 74.701(f) are not 
required to comply with Sec. 11.32. LPTV stations that operate as 
television broadcast translator stations, as defined in Sec. 74.701(b) 
are not required to comply with the requirements of this part. FM 
broadcast booster stations as defined in Sec. 74.1201(f) of this 
chapter and FM translator stations as defined in Sec. 74.1201(a) of 
this chapter which entirely rebroadcast the programming of other local 
FM broadcast stations are not required to comply with the requirements 
of this part.
    (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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 11.31  EAS protocol.

* * * * *
    (b) * * * FM or TV call signs must use a slash ASCII character 
number 47 (/) in lieu of a dash.

[[Page 29664]]

    (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:


Sec. 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 Secs. 11.61(a) (1) and (2). 
Appropriate entries must be made in the broadcast station log as 
specified in Sec. 73.1820 and Sec. 73.1840 of this chapter, cable 
system record as specified in Sec. 76.305 of this chapter, MDS/MMDS 
station records as specified in Sec. 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:


Sec. 11.41  Participation in EAS.

    (a) All broadcast stations and cable systems and wireless cable 
systems specified in Sec. 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 Non-participating National (NN) 
source under Sec. 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:


Sec. 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:


Sec. 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 
Sec. 73.506 of this chapter and low power TV stations as defined in 
Sec. 74.701(f) of this chapter are not required to have equipment 
capable of generating the EAS codes and Attention Signal specified in 
Sec. 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 Sec. 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 Sec. 76.605 
of this chapter,
    (2) Provide a video interruption and an audio alert message on all 
channels.

[[Page 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 Sec. 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 Sec. 11.31. If the visual message is a 
video crawl, it shall be displayed at the top of the subscriber's 
television screen or where it will not interfere with other visual 
messages.
    (4) 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 Sec. 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 
Sec. 11.31(c). If an EAS source originates an EAS message with the 
Event codes in this paragraph, it must include the location codes for 
the State and counties in its service area. When transmitting the 
required weekly test, 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:


Sec. 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 Sec. 11.11.
* * * * *
    (b) If manual interrupt is used as authorized in Sec. 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

[[Page 29666]]

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 Sec. 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:


Sec. 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:


Sec. 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 Sec. 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 Sec. 73.1820 and Sec. 73.1840 of this chapter), 
by cable systems in their records (as specified in Sec. 76.305 of this 
chapter), and by subject wireless cable systems in their records (as 
specified in Sec. 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:


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

    (a) The EAS may be activated at the State and Local Area levels by 
broadcast stations, cable systems and wireless cable systems at their 
discretion for day-to-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 Sec. 11.54(b)(7) and cable 
systems and wireless cable systems must comply with Sec. 11.54(b)(8). 
Broadcast stations providing foreign language programming shall comply 
with Sec. 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 Sec. 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:


Sec. 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

[[Page 29667]]

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 Sec. 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 Sec. 11.51. 
Special EAS tests at the State and Local Area levels may be conducted 
on daily basis following procedures in State and Local Area EAS plans.
    (b) Entries shall be made in broadcast station and cable system and 
wireless cable system records as specified in Sec. 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:


Sec. 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


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