Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71023 

Order 13132 for the attached final 

regulation, Federal Enforcement in 

Group and Individual Health Insurance 

Markets (RIN 09–38–AN35), in a 

meaningful and timely manner. 

In accordance with Executive Order 

12866, this regulation was reviewed by 

the Office of Management and Budget. 

List of Subjects 

45 CFR Parts 144 and 146 

Health care, Health insurance, 

Reporting and recordkeeping 

requirements. 

45 CFR Part 148 

Administrative practice and 

procedure, Health care, Health 

insurance, Penalties, Reporting and 

recordkeeping requirements. 

45 CFR Part 150 

Administrative practice and 

procedure, Health care, Health 

insurance, Penalties, Reporting and 

recordkeeping requirements. 

■ Accordingly, for the reasons set forth 

in the preamble, the interim final rule 

with comment period adding 45 CFR 

Part 150, Subparts A through D, which 

was published on August 20, 1999, in 

the Federal Register at 64 FR 45786 

through 45807, is adopted as a final 

rule, with the following amendments: 

PART 150—CMS ENFORCEMENT IN 

GROUP AND INDIVIDUAL INSURANCE 

MARKETS 

■ 1. The authority citation for part 150 

continues to read as follows: 

Authority: Secs. 2701 through 2763, 2791, 

and 2792 of the PHS Act (42 U.S.C. 300gg 

through 300gg–63, 300gg–91, and 300gg–92). 

§ 150.307 [Amended] 

■ 2. In § 150.307, paragraph (a) is 

amended by removing the parenthetical 

‘‘(See Appendix A to this subpart for 

examples of violations.)’’

§ 150.311 [Amended] 

■ 3. In § 150.311, paragraph (e) is 

amended by removing the phrase ‘‘of 

intent to assess a penalty’’ and adding 

in its place the phrase ‘‘to the 

responsible entity or entities’’. 

Appendix A To Subpart C [Removed] 

■ 4. In Part 150, ‘‘Appendix A To 

Subpart C Of Part 150—Examples Of 

Violations’’ is removed. 

Dated: January 19, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicare Services. 

Dated: August 15, 2005. 

Michael O. Leavitt, 

Secretary, Department of Health & Human 

Services. 

Editorial Note: This document was 

received at the Federal Register on 

November 17, 2005. 

[FR Doc. 05–23076 Filed 11–23–05; 8:45 am] 

BILLING CODE 4120–01–U 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 11 

[EB Docket No. 04–296; FCC 05–191] 

Review of the Emergency Alert System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts rules that expand 

the reach of the Emergency Alert System 

(EAS), as currently constituted, to cover 

digital communications technologies 

that are increasingly being used by the 

American public to receive news and 

entertainment—digital television and 

radio, digital cable, and satellite 

television and radio. This First Report 

and Order is the most recent in a series 

of proceedings in which the 

Commission has sought to contribute to 

an efficient and technologically current 

public alert and warning system. 

DATES: Effective Date: The rules set forth 

in the First Report and Order shall 

become effective for digital television 

broadcasters, digital audio broadcasters, 

digital cable systems and SDARS 

licensees on December 31, 2006, and for 

DBS providers on May 31, 2007, except 

§§ 11.15, 11.21, 11.35, 11.51, 11.52, 

11.55 and 11.61 which contains 

information that has not been approved 

by OMB. The Commission will publish 

a document in the Federal Register 

announcing the effective dates of these 

sections. 

Comment Date: Written comments by 

the public on the new and/or modified 

information collection requirements are 

due January 24, 2006. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Room TW–A325, Washington, DC 

20554. You may submit your Paperwork 

Reduction Act (PRA) comments by 

electronic mail or U.S. mail. To submit 

your PRA comments by electronic mail, 

send comments to: PRA@fcc.gov. To 

submit your PRA comments by U.S. 

mail, mark them to the attention of 

Judith B. Herman and address them to 

the Federal Communications 

Commission, Room 1–C804, 445 12th 

Street, SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Jean 

Ann Collins, Senior Counsel, Office of 

Homeland Security, Enforcement 

Bureau, at (202) 418–1199. For 

additional information concerning the 

Paperwork Reduction Act information 

collection requirements contained in 

this document, send an e-mail to 

PRA@fcc.gov or contact Judith B. 

Herman at (202) 418–0214. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s First 

Report and Order in EB Docket No. 04–

296, FCC 05–191, adopted November 3, 

2005, and released November 10, 2005. 

The complete text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC, 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via e-mail at http:// 

www.bcpiweb.com. It is also available 

on the Commission’s Web site at 

http://www.fcc.gov. This document 

contains new information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public to comment on the information 

collection requirements contained in 

this document as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Public and agency 

comments are due January 24, 2006. In 

addition, the Commission notes that 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

the Commission previously sought 

specific comment on how the 

Commission might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’

In this present document, the 

Commission has assessed the effects of 

expanding the reach of EAS to cover 

DTV, DAB, digital cable, DBS and 

SDARS providers, and finds that this 

imposes minimal regulation on small 

entities to the extent consistent with the 

Commission’s goal of advancing its 

public safety mission. 

71024 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

Synopsis of the First Report and Order 

1. Background. In the Notice of 

Proposed Rulemaking (NPRM) (69 FR 

16193, August 30, 2004), the 

Commission sought comment on 

whether the EAS in its present form is 

the most efficient mechanism for 

warning the American public of an 

emergency and, if not, on how the 

Emergency Alert System (EAS) can be 

improved. The main objective of the 

NPRM was to seek comment on whether 

the EAS as currently constituted is the 

most effective and efficient public 

warning system that best takes 

advantage of appropriate technological 

advances and best responds to the 

public’s need to obtain timely 

emergency information. The NPRM 

sought comment on the current efficacy 

of EAS in an age when the 

communications landscape has evolved 

from what it was when EAS 

predecessors, and EAS itself, were 

originally conceived. 

2. Introduction. In the First Report 

and Order, the Commission takes steps 

to advance its important public safety 

mission by adopting rules that expand 

the reach of EAS, as currently 

constituted, to cover digital 

communications technologies that are 

increasingly being used by the 

American public to receive news and 

entertainment—digital television and 

radio, digital cable, and satellite 

television and radio. 

3. Discussion. The Commission’s 

immediate concern, and the subject of 

this First Report and Order, is to ensure 

that increasingly popular digital 

technologies deliver some level of basic 

national or regional warning now, while 

more sophisticated alert and warning 

systems are being developed. It is an 

essential element of the Commission’s 

mission to ensure that the American 

public receives public alerts and 

warnings. For the reasons indicated 

below, the Commission believes that the 

current EAS is overall the most effective 

way to provide such a basic level of 

warning as the Commission transitions 

to more sophisticated systems. 

Accordingly, the Commission adopts 

rules to ensure that digital television 

(DTV), digital audio broadcasting (DAB), 

digital cable, direct broadcast satellite 

(DBS) and satellite digital audio radio 

service (SDARS) consumers are 

provided with effective, basic alert and 

warning information now, in a manner 

that will neither interfere with nor 

impede the ongoing development of a 

fully integrated state of the art warning 

system. The Commission seeks to 

facilitate this steady transition to a 

digital warning system by extending the 

EAS obligations of analog broadcasters 

and cable systems to these additional 

digital communications systems. 

4. The Commission believes that the 

benefits of requiring DTV, DAB, digital 

cable, DBS and SDARS licensees to 

participate in the current EAS far 

outweigh any burdens associated with 

implementing these requirements. EAS 

represents a significant and valuable 

investment that provides effective alert 

and warning during the time that new, 

digitally-based public alert and warning 

systems are being developed. The 

Commission agrees with those 

commenters who argue that EAS should 

remain an important component of any 

future alert and warning system. 

Further, in most cases, the digital 

platforms affected by this First Report 

and Order either have in place the 

ability to distribute EAS warnings, or 

can do so in a reasonable amount of 

time and with reasonable cost. 

Accordingly, based on the 

Commission’s examination of the record 

in this proceeding, it does not believe 

that requiring these digital services to 

install and use EAS equipment will 

impose undue regulatory or financial 

burdens. The Commission will 

continue, along with other agencies and 

industry, to explore ways in which 

emergency information might be made 

available in a more efficient, effective, 

and technologically current fashion. 

5. Digital Television. Television 

broadcasting in the United States is in 

the midst of a conversion from analog to 

digital technology. The majority of 

television stations serving all markets in 

the United States are already airing DTV 

programming, and the Commission set a 

target date of December 31, 2006 for the 

completion of the DTV transition. When 

the DTV transition is complete, some of 

the spectrum currently used for 

broadcast television will be reclaimed 

and put to other uses, notably public 

safety. The Commission has adopted 

standards and rules that address the 

transition of the nation’s television 

broadcasters from analog to DTV, which 

are set forth in Part 73 of the 

Commission’s rules. None of these rules, 

however, have addressed EAS 

participation. 

6. In the NPRM, the Commission 

sought comment on whether to make 

participation compulsory. The 

Commission asked commenters to 

address the possibility that when 

television stations turn off their analog 

signals as part of the DTV transition, 

they could leave a market devoid of an 

EAS participating broadcaster. The 

Commission also noted that DTV 

broadcasters have the ability to 

multicast, i.e., to transmit more than one 

program stream on their assigned 

channel. The Commission sought 

comment on whether DTV broadcasters 

should be required to transmit EAS 

messages on all program streams, or 

whether they should be permitted to 

transmit on only one stream and force 

tune receivers to that stream. 

7. Based on the record before the 

Commission, the Commission finds that 

revising its EAS rules to apply to DTV 

broadcasters furthers the public interest 

by ensuring that the public—regardless 

of the form of technology used—

receives emergency information. 

Accordingly, the Commission will 

require DTV broadcasters to comply 

with the Commission’s part 11 rules. 

DTV broadcasters must participate in all 

national EAS activations. Participation 

in state and local EAS activations will 

remain voluntary, but if DTV 

broadcasters choose to transmit state 

and local EAS messages they must 

comply with the Commission’s part 11 

rules governing those messages. 

Essentially, DTV providers will now 

have the same EAS obligations as analog 

television broadcasters, including, inter 

alia, the obligations to install ENDEC 

units so that the monitoring and 

transmitting functions are available 

during the times stations are in 

operation and transmit EAS test 

messages. These requirements will be 

effective on December 31, 2006. 

8. In addition, the Commission 

concludes that when a DTV broadcaster 

participates in EAS activations, it must 

provide the EAS message to viewers of 

all program streams that the DTV 

broadcaster provides over a particular 

channel. All DTV viewers should have 

access to the potentially life-saving 

emergency information contained in 

EAS messages. The Commission 

concludes that all viewers should be 

informed of critical emergency 

information regardless of which 

program stream they are viewing. 

9. Digital Cable. Cable systems, like 

broadcasters, are required to carry 

Presidential EAS messages, and 

permitted to transmit state and local 

EAS messages on a voluntary basis. In 

1997, the Commission extended EAS 

requirements to wireless cable systems. 

The Commission’s EAS requirements do 

not specifically refer to digital cable, 

which was not in widespread use in 

1994 when EAS was implemented. In 

the NPRM, the Commission sought 

comment on whether it should extend 

EAS obligations to digital media, 

including digital cable television. In 

addition, the Commission raised 

technical questions regarding digital 

cable service participation in EAS. 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71025 

10. Digital cable offers a number of 

advantages over analog cable. For 

instance, the digital format eliminates 

unwanted noise and interference from 

programming. Further, digital 

compression allows more than five 

times the number of stations to be 

delivered via the same bandwidth, on 

additional channel capacity that allows 

digital cable operators to deliver ‘‘near 

on-demand’’ programming by staggering 

the start times of programs on different 

channels. Because of these advantages, 

digital cable is increasingly deployed 

with analog cable in the marketplace. By 

2005, more than 23 percent of TV 

households subscribed to digital cable. 

11. The Commission specifically 

extends the EAS obligations set forth in 

Part 11 of its rules to digital cable 

systems. For purposes of this First 

Report and Order and Part 11 of the 

Commission’s rules only, the term 

‘‘digital cable systems’’ is defined as the 

portion of a cable system that delivers 

channels in digital format to 

subscribers. Essentially, digital cable 

systems will now have the same EAS 

obligations as analog cable systems. 

Specifically, the Commission will 

require digital cable systems to 

participate in national level EAS 

activations. Participation in state and 

local EAS activations will continue to 

be voluntary, but digital cable systems 

that choose to participate must comply 

with the part 11 rules. 

12. The Commission will permit 

digital cable systems that are 

participating in EAS activations to 

determine the method they will use to 

distribute EAS messages to viewers of 

digital cable channels as long as all 

viewers receive the complete EAS 

message on the channel that they are 

watching. For example, digital cable 

systems may transmit EAS messages on 

all digital channels or transmit EAS 

messages on a single channel and force 

tune all receivers to that channel. Under 

the rules adopted in the EAS First 

Report and Order, digital cable systems 

with fewer than 5,000 subscribers must, 

like analog and wireless cable systems 

with fewer than 5,000 subscribers, 

provide a video interruption and an 

audio alert message on all channels and 

the EAS message on at least one 

channel. 

13. Digital Audio Broadcasting. Radio 

stations using in-band, on-channel 

(IBOC) digital audio broadcasting (DAB) 

technology are able to provide enhanced 

sound fidelity, improved reception, 

multiple audio streams, and new data 

services to digital-ready radio receivers. 

This technology makes use of the 

existing AM and FM bands (In-Band) by 

adding digital carriers to a radio 

station’s analog signal, allowing 

broadcasters to transmit digitally on 

their existing channel assignments (OnChannel) while simultaneously 

maintaining their analog service. Thus, 

IBOC permits the transmission of both 

analog and digital signals within the 

spectral emission mask of a single AM 

or FM channel, placing digital 

information on frequencies immediately 

adjacent to the analog signal. This 

technology allows new radios to receive 

both digital broadcasts and analog 

broadcasts from stations that have not 

yet converted to digital. This system is 

designed to blend to analog when digital 

reception fails. Radio stations will 

eventually convert to all-digital modes 

of operation. DAB does not require use 

of additional spectrum and there is no 

statutory mandate to convert to a digital 

format. 

14. The Commission revises its part 

11 EAS rules to apply to DAB 

broadcasters. The Commission will 

require DAB broadcasters to air all 

national EAS messages. Participation in 

state and local EAS activations will be 

voluntary, as it is for analog radio 

broadcasters. If DAB broadcasters 

choose to participate in state and local 

EAS activations, they must comply with 

the Commission’s part 11 EAS rules. 

Essentially, DAB providers will now 

have the same EAS obligations as analog 

radio broadcasters. The Commission 

will also require DAB broadcasters to 

transmit all EAS messages that they air 

on all audio streams. Because DAB 

broadcasters will face similar burdens of 

equipment purchase, installation and 

training as DTV and digital cable 

providers, the Commission will apply 

the same date of compliance that it 

applied for DTV and digital cable. 

Accordingly, these rules will be 

effective December 31, 2006. 

15. The Commission agrees with 

commenters who argue that EAS 

requirements should apply to all audio 

streams because the goal of EAS as a 

public warning system is to reach as 

many people as possible with lifesaving 

information and to do otherwise would 

result in the reduced effectiveness of 

EAS as digital radio listenership 

increases. All listeners should be 

informed of critical emergency 

information regardless of which audio 

stream they are listening to. The 

Commission sees no reason to exempt 

subscription-based streams. Further, as 

the Commission afforded to DTV 

broadcasters, the Commission affords 

DAB broadcasters more than a year to 

comply with these rules and grant DAB 

broadcasters the flexibility to determine 

the method they will use to distribute 

EAS messages to listeners of all audio 

streams as long as all listeners receive 

the complete and timely EAS message 

on the stream that they are listening to. 

16. Satellite Digital Audio Radio 

Service. Governed by part 25 of the 

Commission’s rules, SDARS provides a 

wide variety of digital radio 

programming on a subscription basis to 

subscribers throughout the contiguous 

United States. Most SDARS 

programming is created in the licensees’

central headquarters in New York City 

(Sirius) and Washington, DC (XM), but 

SDARS licensees also re-transmit the 

programming of third-party content 

providers. Content is currently 

transmitted exclusively on a nationwide 

basis. SDARS licensees have recently 

begun providing metropolitan area 

traffic and weather updates on a roundthe-clock basis by means of dedicated 

channels, but all subscribers receive 

each of these channels on a nationwide 

basis. SDARS, however, is not a 

broadcast service, and is not currently 

required to participate in EAS. In the 

NPRM, the Commission sought 

comment on whether it should adopt 

rules extending EAS obligations to other 

digital networks, such as SDARS. 

17. The Commission amends part 11 

of its rules to require that all SDARS 

licensees participate in EAS. The new 

rules will require SDARS licensees to 

transmit national level EAS messages on 

all channels. The Commission will 

require that SDARS licensees receive 

national EAS messages through an 

encoder/decoder (ENDEC) unit, the 

same manner as currently required of 

broadcasters and cable systems, from 

which they must directly monitor at 

least two sources, including one PEP 

station, or must directly monitor FEMA. 

This should not be difficult to 

accomplish as XM currently already 

monitors EAS alerts from an LP–1 

station through an ENDEC unit located 

at its Washington, D.C. headquarters. 

The Commission strongly encourages 

SDARS licensees to have the ability to 

receive EAS alerts from state and local 

emergency managers and the ability to 

disseminate state and local EAS 

warnings on local traffic and weather 

channels that the SDARS licensees 

provide. The Commission will require 

SDARS licensees to inform their 

customers of the channels that will and 

will not be capable of supplying state 

and local EAS messages. Finally, the 

Commission will require SDARS 

licensees to test their ability to receive 

and distribute EAS messages in the 

same manner required of other EAS 

participants in section 11.61 of the 

Commission’s rules and to keep records 

of all tests. Because SDARS licensees 

will face burdens of equipment 

71026 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

purchase, installation and/or training 

similar to those of DTV and DAB 

broadcasters and digital cable providers, 

these new rules will also take effect 

December 31, 2006. 

18. The Commission will allow 

SDARS licensees that choose to 

implement the ability to receive state 

and local EAS warnings to develop the 

methods by which they can receive state 

and local EAS messages. In addition, the 

Commission encourages SDARS 

licensees that choose to implement the 

ability to receive and transmit state and 

local EAS warnings to develop 

additional ways of distributing EAS 

messages to the appropriate listeners, 

regardless of the channel they are 

listening to. Finally, the Commission 

requires SDARS licensees to inform 

their customers of the channels that will 

and will not supply state and local EAS 

messages. This information should be 

provided on the SDARS licensee’s 

website and also distributed in writing 

to customers at least annually. 

19. To alert listeners to an emergency 

announcement that may interest them, 

Sirius also suggested exploring the 

possibility of pre-empting the text box 

that normally contains the channel 

name and current programming, to 

announce the state or region and type of 

alert, and the channel number 

transmitting detailed information. The 

Commission strongly encourages such 

developments, and the use of the 

SDARS and DAB text box to display 

entire EAS messages, which the 

Commission hopes to see included in 

any next generation public alert and 

warning system. 

20. Direct-to-Home Satellite Services. 

DTH satellite services include DBS and 

Home Satellite Dish (HSD) services. 

Under the Commission’s current part 11 

rules, DBS providers and HSD providers 

are not required to participate in EAS, 

but may participate on a voluntary 

basis. The Commission has encouraged 

such participation. For purposes of this 

First Report and Order, DBS providers 

include the entities set forth in section 

25.701(a) of the Commission’s rules. 

Accordingly, DBS providers include: (1) 

Entities licensed to operate satellites in 

the 12.2 to 12.7 GHz DBS frequency 

bands; (2) entities licensed to operate 

satellites in the Ku band fixed satellite 

service (FSS) and that sell or lease 

capacity to a video programming 

distributor that offers service directly to 

consumers providing a sufficient 

number of channels so that four percent 

of the total applicable programming 

channels yields a set aside of at least 

one channel of non commercial 

programming pursuant to section 

25.701(e) of the Commission’s rules, or 

(3) non U.S. licensed satellite operators 

in the Ku band that offer video 

programming directly to consumers in 

the United States pursuant to an earth 

station license issued under part 25 of 

this title and that offer a sufficient 

number of channels to consumers so 

that four percent of the total applicable 

programming channels yields a set aside 

of one channel of non commercial 

programming pursuant to section 

25.701(e) of the Commission’s rules. 

This definition ensures that the EAS 

rules apply to the vast majority of 

existing DTH satellite services, 

particularly those for which viewers 

may have expectations as to available 

warnings based on experience with 

broadcast television services. The use of 

this definition will make the EAS 

obligations applicable to DTH–FSS 

licensees, including those who provide 

capacity to video programming 

distributors. 

21. HSD providers originally supplied 

satellite television; however, currently, 

DBS providers serve most satellite 

television consumers. Over the past 5 

years, the number of DBS subscribers 

has steadily increased from almost 13 

million in June 2000 to over 27 million 

in June 2005. During the same time 

period, the number of HSD subscribers 

has steadily decreased from almost 1.5 

million to fewer than 150,000. DTH 

satellite service provides multi-channel 

video programming and now reaches 

almost 25% of U.S. households with a 

television. DTH satellite providers 

receive programming from national 

programmers, such as HBO, ESPN, and 

CNN, and from local channels, such as 

the broadcast affiliates in a particular 

area, and then transmit these programs 

to customers’ receivers. Because of this 

pass-through system, a satellite 

television customer receives EAS 

messages only if he receives the local 

broadcast stations as part of his 

programming package, and those 

stations carry the EAS message. 

22. In the NPRM, the Commission 

sought comment on: (1) Whether it 

should adopt rules extending EAS 

obligations to DBS; (2) whether it serves 

the public interest to continue to 

exempt such satellite services that reach 

increasingly larger numbers of 

Americans from any requirement to 

provide public warning; (3) what 

burdens extending the EAS obligations 

would place on such services and 

whether the benefits outweigh the 

burdens; and (4) technical issues 

involved with requiring DBS providers 

to comply with the Commission’s EAS 

rules. 

23. In order to ensure that DBS 

subscribers receive an EAS message 

from the President in the event of a 

national emergency, the Commission 

modifies its EAS rules to require DBS 

providers to participate in national EAS 

activations by discontinuing regular 

programming and providing the 

national EAS message to viewers of all 

channels. Accordingly, DBS providers 

will be required to comply with the 

Commission’s part 11 EAS rules. DBS 

providers must install equipment 

capable of encoding and decoding the 

EAS protocol and generating and 

detecting all EAS codes. DBS providers 

may install this equipment at the 

location most convenient to their system 

designs. In addition to ensuring that 

EAS equipment complies with 

Commission rules, providers must also 

monitor two EAS sources upon receipt 

of an emergency action notification and 

ensure that their EAS monitoring 

equipment is operational. Finally, the 

Commission will require DBS licensees 

to test their ability to receive and 

distribute EAS messages. The 

Commission concludes that extending 

national level EAS requirements to DBS 

providers serves the public interest by 

ensuring that the significant portion of 

the American public that are DBS 

subscribers have access to this critical 

emergency information. 

24. Although participation in state 

and local EAS activations remains 

voluntary, the Commission will require 

DBS providers to pass through all EAS 

messages aired on local channels to 

subscribers receiving those channels. 

Therefore, subscribers viewing local 

channels through DBS services will 

receive all EAS messages transmitted 

over those local channels. Additionally, 

the Commission concludes that DBS 

providers must be capable of receiving 

(from state and local emergency 

managers) and distributing state and 

local EAS messages or they must 

disclose their inability to do on their 

Web site and in writing to their 

customers at least annually. Most 

emergencies originate at the state and 

local level and the current EAS system 

includes an interface for state and local 

emergency managers, providing a way 

to access the system and originate and 

relay EAS messages. The Commission 

encourages DBS licensees to design 

their systems to include this capability 

and, specifically, to design their 

converter boxes to be capable of 

receiving the appropriate regional, state 

and local EAS messages. Any future 

Public Alert and Warning System will 

likely include EAS and may require 

DBS licensees to increase participation 

in regional, state and local EAS 

activations. 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71027 

25. The Commission acknowledges 

that there are technical issues that will 

need to be resolved in order for DBS 

licensees to make the necessary changes 

to their systems and wishes to give 

maximum flexibility to DBS providers. 

Accordingly, the Commission will 

permit DBS providers to determine the 

method they will use to distribute EAS 

messages to viewers, as long as all 

viewers receive national EAS messages 

regardless of the channel that they are 

watching. Because of the complexity 

associated with ensuring that national 

alert messages will be transmitted on all 

channels that do not originate at local 

broadcast stations, the Commission is 

providing DBS providers more time to 

comply with these rules. DBS providers 

will need to modify their satellite 

uplink facilities at multiple locations. 

DBS providers will also need to develop 

and implement technologies within 

each of several dozen different satellite 

transponder data streams. Estimates 

indicate that such efforts will likely 

require approximately 18 months to 

implement fully. Accordingly, these 

rules will take effect May 31, 2007. The 

Commission encourages DBS providers 

that have the capability to participate in 

EAS activations to do so as soon as 

possible. 

26. The Commission will require DBS 

licensees to test their ability to receive 

and distribute EAS messages in a 

manner similar to that required of other 

EAS participants in section 11.61 of its 

rules and to keep records of all tests. 

DBS licensees should monitor a state or 

local primary source to participate in 

testing. Accordingly, the Commission 

will require that DBS providers conduct 

EAS tests each month on at least 10 

percent of the total channels they 

provide. For purposes of this 

calculation, the total number of 

channels should not include those 

channels that the DBS provider passes 

through with the embedded national, 

state or local EAS message. The 

channels tested should vary each 

month, and over the course of a year all 

channels should be tested. DBS 

providers must log receipt of weekly 

tests in their records. Requiring that 

only 10 percent of channels be tested 

each month and that weekly tests must 

only be logged in records should reduce 

the burdens associated with EAS testing 

for DBS providers. Any remaining 

burdens are outweighed by the public 

interest benefits of testing which 

ensures that DBS providers are able to 

receive and transmit EAS messages. 

These testing requirements are no more 

onerous to DBS providers than those 

required of any other EAS participant. 

Due to the potential technical 

difficulties and costs associated with 

transmission of weekly tests, in the 

Further Notice, the Commission seeks 

comment regarding weekly test 

transmission requirements for DBS 

providers. 

27. Although the Commission 

encourages participation by HSD 

providers, the Commission will not 

require their participation in EAS 

because: (1) There were only 

approximately 145,000 HSD users in 

June 2005 and that number continues to 

decrease; and (2) as HSD users receive 

programming directly from 

programmers, it would be very 

burdensome for HSD providers to 

distribute EAS messages to subscribers. 

28. Administrative Matters. The 

Commission receives numerous 

questions about and requests for 

clarification and corrections of its EAS 

rules. The Commission finds that 

several minor administrative changes to 

the EAS rules are in order. Accordingly, 

the Commission amends its EAS rules to 

delete all reference to the ‘‘FCC EAS 

mailing list’’ which the Commission no 

longer maintains. EAS information may 

now be obtained from the Web site 

http://www.fcc.gov/eb/eas and from the 

general FCC information number 1888–

CALL–FCC. Further, the Commission 

amends section 11.41 to change 

‘‘Operating Handbook’’ to ‘‘EAS 

Operating Handbook.’’ In section 

11.52(b) of the Commission’s rules, the 

Commission will change the reference 

to 11.51(j)(2) to 11.51(m)(2). Section 

11.53(c) provides that, prior to 

commencing operations, broadcast 

stations must determine whether the 

EAS has been activated by monitoring 

the assigned EAS sources. In order to 

clarify how EAS monitoring 

assignments are determined, the 

Commission amends this section to add 

the following to the end of section 

11.53(c): ‘‘as specified in their State or 

Local plan.’’ Finally, because section 

76.305 no longer exists, the reference to 

that section in 11.54(b)(13) is changed to 

the correct reference: section 76.1711. 

29. Conclusion. The Commission 

expands the reach of EAS, as currently 

constituted, to ensure that more 

Americans are able to receive national 

and/or regional public alerts and 

warnings. Digital technologies are 

rapidly becoming the norm for 

communications technologies and 

public alert and warning must keep 

pace with this digital revolution. 

Government and industry are engaged 

in the early stages of efforts to develop 

a fully integrated, state of the art, 

digitally-based public alert and warning 

system for the American public. 

Increasingly popular digital 

technologies must have the ability to 

deliver some level of basic national or 

regional warning now, during the time 

that more sophisticated alert and 

warning systems are being developed. 

Further, the Commission amends its 

EAS rules to ensure that persons with 

disabilities have equal access to public 

warnings. 

Final Paperwork Reduction Act 

Analysis 

30. This document contains new 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public to 

comment on the information collection 

requirements contained in this Report 

and Report and Order as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Public and agency 

comments are due January 24, 2006. 

Final Regulatory Flexibility Analysis 

31. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

NPRM. The Commission sought written 

public comment on the proposals in the 

NPRM, including comment on the IRFA. 

The Commission received no comments 

specifically directed toward the IRFA. 

This Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

Need for, and Objectives of, the Rules 

32. Today’s Order establishes rules 

that expand the reach of the Emergency 

Alert System (EAS), as currently 

constituted, to cover the following 

digital communications technologies 

that are increasingly being used by the 

American public to receive news and 

entertainment—digital television and 

radio, digital cable, and satellite 

television and radio. As noted in the 

Order, one of the most fundamental and 

significant statutory mandates of the 

Commission is the promotion of safety 

of life and property through the use of 

wire and radio communication. Clearly, 

some level of EAS participation must be 

established for new digital services to 

ensure that large portions of the 

American public are able to receive 

national and/or regional public alerts 

and warnings. 

33. This Order is a follow-up to the 

NPRM that was issued last year. In the 

NPRM, the Commission solicited 

comment on an array of questions and 

potential rule changes to contribute to 

an efficient and technologically current 

public alert and warning system. The 

NPRM also solicited comments and 

participation of state and local 

71028 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

emergency planning organizations and 

all telecommunications industries to 

develop a more effective EAS. The EAS 

First Report and Order takes initial steps 

to resolve the issues raised in the 

NPRM. 

Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

34. There were no comments filed 

that specifically addressed the IRFA. 

Nonetheless, the agency considered the 

potential impact of the rules discussed 

in the IRFA on small entities and 

reduced the compliance burden for all 

small entities (as discussed in Appendix 

A of the NPRM) in order to reduce the 

economic impact of the rules enacted 

herein on such entities. 

Description and Estimate of the Number 

of Small Entities to Which Rules Will 

Apply 

35. The RFA directs agencies to 

provide a description of, and, where 

feasible, an estimate of, the number of 

small entities that may be affected by 

the rules adopted herein. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act. A ‘‘small 

business concern’’ is one which: (1) 

Independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

36. A small organization is generally 

‘‘any not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field.’’

Nationwide, as of 2002, there were 

approximately 1.6 million small 

organizations. The term ‘‘small 

governmental jurisdiction’’ is defined as 

‘‘governments of cities, towns, 

townships, villages, school districts, or 

special districts, with a population of 

less than fifty thousand.’’ As of 1997, 

there were approximately 87,453 

governmental jurisdictions in the 

United States. This number includes 

39,044 county governments, 

municipalities, and townships, of which 

37,546 (approximately 96.2%) have 

populations of fewer than 50,000, and of 

which 1,498 have populations of 50,000 

or more. Thus, the Commission 

estimates the number of small 

governmental jurisdictions overall to be 

84,098 or fewer. Nationwide, there are 

a total of approximately 22.4 million 

small businesses, according to SBA 

data. 

37. Television Broadcasting. The SBA 

has developed a small business sized 

standard for television broadcasting, 

which consists of all such firms having 

$12 million or less in annual receipts. 

Business concerns included in this 

industry are those primarily engaged in 

broadcasting images together with 

sound. According to Commission staff 

review of BIA Publications, Inc. Master 

Access Television Analyzer Database, as 

of May 16, 2003, about 814 of the 1,220 

commercial television stations in the 

United States had revenues of $12 

million or less. The Commission notes, 

however, that, in assessing whether a 

business concern qualifies as small 

under the above definition, business 

(control) affiliations must be included. 

The Commission’s estimates, therefore, 

likely overstate the number of small 

entities that might be affected by its 

action, because the revenue figure on 

which it is based does not include or 

aggregate revenues from affiliated 

companies. There are also 2,127 low 

power television stations (LPTV). Given 

the nature of this service, the 

Commission will presume that all LPTV 

licensees qualify as small entities under 

the SBA size standard. 

38. Radio Stations. The revised rules 

and policies potentially will apply to all 

AM and commercial FM radio 

broadcasting licensees and potential 

licensees. The SBA defines a radio 

broadcasting station that has $6 million 

or less in annual receipts as a small 

business. A radio broadcasting station is 

an establishment primarily engaged in 

broadcasting aural programs by radio to 

the public. Included in this industry are 

commercial, religious, educational, and 

other radio stations. Radio broadcasting 

stations which primarily are engaged in 

radio broadcasting and which produce 

radio program materials are similarly 

included. However, radio stations that 

are separate establishments and are 

primarily engaged in producing radio 

program material are classified under 

another NAICS number. According to 

Commission staff review of BIA 

Publications, Inc. Master Access Radio 

Analyzer Database on March 31, 2005, 

about 10,840 (95%) of 11,410 

commercial radio stations have revenue 

of $6 million or less. The Commission 

notes, however, that many radio stations 

are affiliated with much larger 

corporations having much higher 

revenue. The Commission’s estimate, 

therefore, likely overstates the number 

of small entities that might be affected 

by this action. 

39. Cable and Other Program 

Distribution. The SBA has developed a 

small business size standard for cable 

and other program distribution, which 

consists of all such firms having $12.5 

million or less in annual receipts. 

According to Census Bureau data for 

1997, in this category there was a total 

of 1,311 firms that operated for the 

entire year. Of this total, 1,180 firms had 

annual receipts of under $10 million, 

and an additional 52 firms had receipts 

of $10 million to $24,999,999. Thus, 

under this size standard, the majority of 

firms can be considered small. In 

addition, limited preliminary census 

data for 2002 indicate that the total 

number of cable and other program 

distribution companies increased 

approximately 46 percent from 1997 to 

2002. 

40. Cable System Operators (Rate 

Regulation Standard). The Commission 

has developed its own small business 

size standard for cable system operators, 

for purposes of rate regulation. Under 

the Commission’s rules, a ‘‘small cable 

company’’ is one serving fewer than 

400,000 subscribers nationwide. The 

Commission has estimated that there 

were 1,439 cable operators who 

qualified as small cable system 

operators at the end of 1995. Since then, 

some of those companies may have 

grown to serve over 400,000 subscribers, 

and others may have been involved in 

transactions that caused them to be 

combined with other cable operators. 

Consequently, the Commission 

estimates that there are now fewer than 

1,439 small entity cable system 

operators that may be affected by the 

rules and policies proposed herein. 

41. Cable System Operators (Telecom 

Act Standard). The Communications 

Act of 1934, as amended, also contains 

a size standard for small cable system 

operators, which is ‘‘a cable operator 

that, directly or through an affiliate, 

serves in the aggregate fewer than 1 

percent of all subscribers in the United 

States and is not affiliated with any 

entity or entities whose gross annual 

revenues in the aggregate exceed 

$250,000,000.’’ The Commission has 

determined that there are 67,700,000 

subscribers in the United States. 

Therefore, an operator serving fewer 

than 677,000 subscribers shall be 

deemed a small operator, if its annual 

revenues, when combined with the total 

annual revenues of all its affiliates, do 

not exceed $250 million in the 

aggregate. Based on available data, the 

Commission estimates that the number 

of cable operators serving 677,000 

subscribers or fewer, totals 1,450. The 

Commission neither requests nor 

collects information on whether cable 

system operators are affiliated with 

entities whose gross annual revenues 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71029 

exceed $250 million, and therefore are 

unable, at this time, to estimate more 

accurately the number of cable system 

operators that would qualify as small 

cable operators under the size standard 

contained in the Communications Act of 

1934. 

42. Multipoint Distribution Systems. 

The established rules apply to 

Multipoint Distribution Systems (MDS) 

operated as part of a wireless cable 

system. The Commission has defined 

‘‘small entity’’ for purposes of the 

auction of MDS frequencies as an entity 

that, together with its affiliates, has 

average gross annual revenues that are 

not more than $40 million for the 

preceding three calendar years. This 

definition of small entity in the context 

of MDS auctions has been approved by 

the SBA. The Commission completed its 

MDS auction in March 1996 for 

authorizations in 493 basic trading 

areas. Of 67 winning bidders, 61 

qualified as small entities. At this time, 

the Commission estimates that of the 61 

small business MDS auction winners, 48 

remain small business licensees. 

43. MDS also includes licensees of 

stations authorized prior to the auction. 

As noted above, the SBA has developed 

a definition of small entities for pay 

television services, cable and other 

subscription programming, which 

includes all such companies generating 

$12.5 million or less in annual receipts. 

This definition includes MDS and thus 

applies to MDS licensees that did not 

participate in the MDS auction. 

Information available to us indicates 

that there are approximately 392 

incumbent MDS licensees that do not 

generate revenue in excess of $11 

million annually. Therefore, the 

Commission estimates that there are at 

least 440 (392 pre-auction plus 48 

auction licensees) small MDS providers 

as defined by the SBA and the 

Commission’s auction rules which may 

be affected by the rules adopted herein. 

In addition, limited preliminary census 

data for 2002 indicate that the total 

number of cable and other program 

distribution companies increased 

approximately 46 percent from 1997 to 

2002. 

44. Instructional Television Fixed 

Service. The established rules would 

also apply to Instructional Television 

Fixed Service facilities operated as part 

of a wireless cable system. The SBA 

definition of small entities for pay 

television services also appears to apply 

to ITFS. There are presently 2,032 ITFS 

licensees. All but 100 of these licenses 

are held by educational institutions. 

Educational institutions are included in 

the definition of a small business. 

However, the Commission does not 

collect annual revenue data for ITFS 

licensees and is not able to ascertain 

how many of the 100 non-educational 

licensees would be categorized as small 

under the SBA definition. Thus, the 

Commission tentatively concludes that 

at least 1,932 are small businesses and 

may be affected by the established rules. 

45. Satellite Telecommunications and 

Other Telecommunications. The 

Commission has not developed a small 

business size standard specifically for 

providers of satellite service. The 

appropriate size standards under SBA 

rules are for the two broad categories of 

Satellite Telecommunications and Other 

Telecommunications. Under both 

categories, such a business is small if it 

has $12.5 or less in average annual 

receipts. For the first category of 

Satellite Telecommunications, Census 

Bureau data for 1997 show that there 

were a total of 324 firms that operated 

for the entire year. Of this total, 273 

firms had annual receipts of under $10 

million, and an additional twenty-four 

firms had receipts of $10 million to 

$24,999,999. Thus, the majority of 

Satellite Telecommunications firms can 

be considered small. 

46. The second category—Other 

Telecommunications—includes 

‘‘establishments primarily engaged in 

* * * providing satellite terminal 

stations and associated facilities 

operationally connected with one or 

more terrestrial communications 

systems and capable of transmitting 

telecommunications to or receiving 

telecommunications from satellite 

systems.’’ Of this total, 424 firms had 

annual receipts of $5 million to 

$9,999,999 and an additional 6 firms 

had annual receipts of $10 million to 

$24,999,990. Thus, under this second 

size standard, the majority of firms can 

be considered small. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

47. In the Order, the Commission 

takes steps to advance its public safety 

mission by adopting rules that expand 

the reach of EAS, as currently 

constituted, to cover the following 

digital communications technologies: 

digital television and radio, digital 

cable, and satellite television and radio. 

48. As indicated above, the 

Commission has revised its EAS rules to 

make them apply to DTV broadcasters. 

The Order requires that DTV 

broadcasters comply with the 

Commission’s part 11 rules. Thus, DTV 

broadcasters must participate in all 

national EAS activations. Participation 

in state and local EAS activations will 

remain voluntary, but if DTV 

broadcasters choose to transmit state 

and local EAS messages they must 

comply with the Commission’s part 11 

rules governing those messages. 

Essentially, DTV providers will now 

have the same EAS obligations as analog 

television broadcasters. In addition, the 

Order requires that, when DTV 

broadcasters participate in EAS 

activations, they must provide the EAS 

message to viewers of all program 

streams. 

49. The Commission has revised its 

EAS rules to require digital cable 

systems to participate in national level 

EAS activations. Digital cable systems 

will now have the same EAS obligations 

as analog cable systems. Participation in 

state and local EAS activations will 

continue to be voluntary, but digital 

cable systems that choose to participate 

must comply with the part 11 rules. The 

Order requires that digital cable systems 

with fewer than 5,000 subscribers must, 

like analog and wireless cable systems 

with fewer than 5,000 subscribers, 

provide a video interruption and an 

audio alert message on all channels and 

the EAS message on at least one 

channel. 

50. The Commission also has revised 

its EAS rules to make them apply to 

digital audio broadcasting (DAB) 

providers. The Order requires digital 

audio broadcasters to air all national 

EAS messages. Participation in state and 

local EAS activations will be voluntary, 

as it is for analog radio broadcasters. If 

DAB providers choose to participate in 

state and local EAS activations, they 

must comply with part 11 of the 

Commission’s rules. DAB providers will 

now have the same EAS obligations as 

analog radio broadcasters. The Order 

also requires DAB providers to transmit 

all EAS messages that they air on all 

audio streams. 

51. The Commission has revised its 

EAS rules to require that all Satellite 

Digital Audio Radio Service (SDARS) 

licensees participate in EAS in its 

current form. The Order requires 

SDARS licensees to transmit national 

level EAS messages on all channels. 

52. The Commission also strongly 

encourages SDARS licensees to have the 

ability to receive EAS alerts from state 

and local emergency managers and the 

ability to disseminate state and local 

EAS warnings on any local traffic and 

weather channels that the SDARS 

licensees provide. The Commission has 

required SDARS licensees to inform 

their customers of the channels that will 

and will not supply state and local EAS 

messages. This information should be 

provided on the SDARS licensee’s Web 

site and should also be distributed in 

writing to customers at least annually. 

71030 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

53. In addition, in order to ensure that 

DBS satellite subscribers receive an EAS 

message from the President in the event 

of a national emergency, the 

Commission has revised its EAS rules to 

require that DBS satellite service 

providers participate in national EAS 

activations. For purposes of this Order, 

DBS providers include the entities set 

forth in section 25.701 of the 

Commission’s rules. The Order permits 

DBS satellite service providers to 

determine the method they will use to 

distribute EAS messages to viewers, as 

long as all viewers receive the national 

EAS message on the channel they are 

watching. The Commission notes that 

SBCA commented that DBS operators 

need additional development time to 

participate in national EAS activations. 

SBCA focuses on the technical and 

operational difficulties involved in 

investing in new hardware and 

software, but has provided no cost 

estimate. However, DIRECTV 

commented that it was prepared to 

commit the assets to develop the 

systems and procedure necessary to 

deliver National EAS messages. The 

Commission has determined that the 

public safety benefit that would result 

from imposing a timely public alert and 

warning obligation on DBS providers far 

outweighs the burdens to such 

providers from implementing these new 

requirements. 

54. Although participation in state 

and local EAS activations remains 

voluntary, the Commission has required 

DBS providers to pass through all EAS 

messages aired on local channels to 

subscribers receiving those channels so 

that subscribers viewing local channels 

through DBS services will receive all 

EAS messages transmitted over those 

local channels. The Commission has 

also required DBS providers to be 

capable of receiving (from state and 

local emergency managers) and 

distributing state and local EAS 

messages or they must disclose their 

inability to do on their website and in 

writing to their customers at least 

annually. 

Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

55. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in developing its 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’

56. The NPRM invited Comments on 

a number of alternatives to the 

imposition of EAS obligations on the 

digital communications technologies 

discussed in this Order that are 

increasingly being used by the 

American public. For example, the 

NPRM specifically sought comment on 

the technical alternatives to providing 

EAS messages. In particular, the NPRM 

sought comment on whether the EAS 

system could be made more efficient. 

Should it be phased out in favor of a 

new model? If so, what would the new 

model look like? If a new model were 

to be adopted, what legal and practical 

barriers would have to be overcome to 

ensure its implementation and 

effectiveness? What technologies should 

serve as the basis for such a model? 

Alternatively, should EAS requirements 

be extended to other services such as 

cellular telephones? 

57. The Commission has considered 

each of the alternatives described above, 

and in the EAS First Report and Order 

imposes minimal regulation on small 

entities to the extent consistent with the 

Commission’s goal of advancing its 

public safety mission by adopting rules 

that expand the reach of EAS. The 

affected service providers have 

generally expressed their willingness to 

cooperate in a national warning system, 

and the Commission anticipates that 

this addition of new providers to EAS 

can be accomplished swiftly and 

smoothly. The Commission believes that 

the benefits of requiring DTV, DAB, 

digital cable, satellite DTH and SDARS 

providers to participate in the current 

EAS far outweigh any burdens 

associated with implementing these 

requirements. EAS represents a 

significant and valuable investment that 

is able to provide effective alert and 

warning during the time that new, 

digitally-based public alert and warning 

systems are being developed. The 

Commission agrees with those 

commenters who argue that EAS should 

remain an important component of any 

future alert and warning system. 

Further, in most cases, the digital 

platforms affected by this Order either 

have in place the ability to distribute 

EAS warnings, or can do so in a 

reasonable amount of time and with 

minimal cost. As indicated above, the 

Commission will continue, along with 

other agencies and industry, to explore 

ways in which emergency information 

might be made available in an efficient, 

effective, and technologically current 

fashion. 

Report to Congress 

58. The Commission will send a copy 

of the Order, including this FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. In addition, the Commission will 

send a copy of the Order, including this 

FRFA, to the Chief Counsel for 

Advocacy of the SBA. A copy of the 

Order and FRFA (or summaries thereof) 

will also be published in the Federal 

Register. 

Report and Ordering Clauses 

59. Accordingly, it is ordered that 

pursuant to sections 1, 4(i), 4(o), 303(r), 

403, 624(g) and 706 of the 

Communications Act of 1934, as 

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

303(r), 403, 554(g) and 606, the First 

Report and Order in EB Docket No. 04–

296 is adopted, and that part 11 of the 

Commission’s rules, 47 CFR part 11, is 

revised as set forth in the rule changes. 

The rules set forth in the First Report 

and Order shall become effective for 

digital television broadcasters, digital 

audio broadcasters, digital cable systems 

and SDARS licensees on December 31, 

2006, and for DBS providers on May 31, 

2007, except §§ 11.15, 11.21, 11.35, 

11.51, 11.52, 11.55 and 11.61 which 

contains information that has not been 

approved by OMB. The Commission 

will publish a document in the Federal 

Register announcing the effective dates 

of these sections. 

60. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of this First Report and Order, 

including the Final Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 11 

Radio, Television. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 11 as 

follows: 

PART 11—EMERGENCY ALERT 

SYSTEM (EAS) 

■ 1. The authority citation for part 11 

continues to read as follows: 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71031 

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

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

■ 2. Revise § 11.1 to read as follows: 

§ 11.1 Purpose. 

This part contains rules and 

regulations providing for an Emergency 

Alert System (EAS). The EAS provides 

the President with the capability to 

provide immediate communications and 

information to the general public at the 

National, State and Local Area levels 

during periods of national emergency. 

The rules in this part describe the 

required technical standards and 

operational procedures of the EAS for 

analog AM, FM, and TV broadcast 

stations, digital broadcast stations, 

analog cable systems, digital cable 

systems, wireless cable systems, Direct 

Broadcast Satellite (DBS) services, 

Satellite Digital Audio Radio Service 

(SDARS), and other participating 

entities. The EAS may be used to 

provide the heads of State and local 

government, or their designated 

representatives, with a means of 

emergency communication with the 

public in their State or Local Area. 

■ 3. Amend § 11.11 by revising 

paragraphs (a), (b) and (e) to read as 

follows: 

§ 11.11 The Emergency Alert System 

(EAS). 

(a) The EAS is composed of analog 

radio broadcast stations including AM, 

FM, and Low-power FM (LPFM) 

stations; digital audio broadcasting 

(DAB) stations, including digital AM, 

FM, and Low-power FM stations; analog 

television broadcast stations including 

Class A television (CA) and Low-power 

TV (LPTV) stations; digital television 

(DTV) broadcast stations, including 

digital CA and digital LPTV stations; 

analog cable systems; digital cable 

systems which are defined for purposes 

of this part only as the portion of a cable 

system that delivers channels in digital 

format to subscribers at the input of a 

Unidirectional Digital Cable Product or 

other navigation device; wireless cable 

systems which may consist of 

Broadband Radio Service (BRS), or 

Educational Broadband Service (EBS) 

stations; DBS services, as defined in 47 

CFR 25.701(a) (including certain Kuband Fixed-Satellite Service Direct to 

Home providers); SDARS, as defined in 

47 CFR 25.201; participating broadcast 

networks, cable networks and program 

suppliers; and other entities and 

industries operating on an organized 

basis during emergencies at the 

National, State and local levels. These 

entities are referred to collectively as 

EAS Participants in this part, and are 

subject to this part, except as otherwise 

provided herein. These rules in this part 

are effective on December 31, 2006 for 

DTV, DAB, digital cable and SDARS 

providers, and on May 31, 2007 for DBS 

providers. At a minimum EAS 

Participants must use a common EAS 

protocol, as defined in § 11.31, to send 

and receive emergency alerts in 

accordance with the effective dates 

listed above in this paragraph and in the 

following tables: 

ANALOG AND DIGITAL BROADCAST STATIONS

EAS equipment requirement AM & FM Digital TV AM & 

FM DTV FM Class D 1 LPTV2 LPFM 3 Class A TV4

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

EAS decoder .................................... Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y Y 

EAS encoder .................................... Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 N N N 

Audio message ................................ Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y Y 

Video message ................................ N/A N/A Y 1/1/97 Y 12/31/06 N/A Y 1/1/97 N/A 

1Effective December 31, 2006, digital FM Class D stations have the same requirements. 

2 LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment. Effective December 31, 2006, digital LPTV stations have the same requirements. 3 LPFM stations must install a decoder within one year after the FCC publishes in the FEDERAL REGISTER a public notice indicating that at least 

one decoder has been certified by the FCC. Effective December 31, 2006, digital LPFM stations have the same requirements. 4Effective December 31, 2006, digital Class A TV stations have the same requirements. 

5Effective July 1, 1995, the two-tone signal must be 8–25 seconds. 6Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and 

the required monthly tests. 

ANALOG CABLE SYSTEMS

[A. Analog cable systems serving fewer than 5,000 subscribers from a headend must either provide the National level EAS message on all programmed channels_including the required testing_by October 1, 2002, or comply with the following EAS requirements. All other analog cable 

systems must comply with B.] 

System size and effective dates 

B. EAS equipment requirement 

>=10,000 

subscribers 

>=5,000 

but 

<10,000 

subscribers 

<5,000 

subscribers 

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

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

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

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

Video interrupt and audio alert message on all channels,3 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. 2Analog cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3The 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. 

71032 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

WIRELESS CABLE SYSTEMS (BRS/EBS STATIONS) 

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

other wireless cable systems must comply with B.] 

System size and effective dates 

B. EAS equipment requirement subscribers 

>=5,000 

subscribers <5,000 

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

EAS encoder 1 2 ................................................................................................................................................................... Y 10/1/02 Y 10/1/02 

Audio and Video EAS Message on all channels 3 .............................................................................................................. Y 10/1/02 N 

Video interrupt and audio alert message on all channels; 4 Audio and Video EAS message on at least one channel .... N Y 10/1/02 

1The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message or to the Required Monthly 

Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8–25 seconds in duration. 2Wireless cable systems serving < 5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated 

channel that carries the required audio and video EAS messages. 4The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert 

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

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

DIGITAL CABLE SYSTEMS

[A. Digital cable systems serving fewer than 5,000 subscribers from a headend must either provide the National level EAS message on all programmed channels including the required testing by December 31, 2006, or comply with the following EAS requirements. All other digital 

cable systems must comply with B.] 

System size and effective dates 

B. EAS equipment requirement 

>=5,000 

subscribers 

<5,000 

subscribers 

Two-tone signal from storage device 1 ................................................................................................................................ Y 12/31/06 Y 12/31/06 

EAS decoder 3 ..................................................................................................................................................................... Y 12/31/06 Y 12/31/06 

EAS encoder 2 ..................................................................................................................................................................... Y 12/31/06 Y 12/31/06 

Audio and Video EAS Message on all channels 4 .............................................................................................................. Y 12/31/06 N 

Video interrupt and audio alert message on all channels,3 Audio and Video EAS message on at least one channel ..... N Y 12/31/06 

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. 2 Digital cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3The 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. 4All digital cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages. 

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

services such as Internet. 

SDARS AND DBS 

EAS equipment requirement SDARS DBS 

Two-tone signal 1 ................................................................................................................................................................. Y 12/31/06 Y 5/31/07 

EAS decoder ........................................................................................................................................................................ Y 12/31/06 Y 5/31/07 

EAS encoder ........................................................................................................................................................................ Y 12/31/06 Y 5/31/07 

Audio message on all channels 2 ........................................................................................................................................ Y 12/31/06 Y 5/31/07 

Video message on all channels 2 ........................................................................................................................................ N/A Y 5/31/07 

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. 2All SDARS and DBS providers may comply with this requirement by providing a means to switch all programmed channels to a 

predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels 

receive the EAS message. 

(b) Analog class D non-commercial 

educational FM stations as defined in 

§ 73.506 of this chapter, digital class D 

non-commercial educational FM 

stations, analog LPFM stations as 

defined in §§ 73.811 and 73.853 of this 

chapter, digital LPFM stations, analog 

LPTV stations as defined in § 74.701(f), 

and digital LPTV stations as defined in 

§ 74.701(k) of this chapter are not 

required to comply with § 11.32. Analog 

and digital LPTV stations that operate as 

television broadcast translator stations, 

as defined in § 74.701(b) of this chapter, 

are not required to comply with the 

requirements of this part. FM broadcast 

booster stations as defined in 

§ 74.1201(f) of this chapter and FM 

translator stations as defined in 

§ 74.1201(a) of this chapter which 

entirely rebroadcast the programming of 

other local FM broadcast stations are not 

required to comply with the 

requirements of this part. International 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71033 

broadcast stations as defined in § 73.701 

of this chapter are not required to 

comply with the requirements of this 

part. Analog and digital broadcast 

stations that operate as satellites or 

repeaters of a hub station (or common 

studio or control point if there is no hub 

station) and rebroadcast 100 percent of 

the programming of the hub station (or 

common studio or control point) may 

satisfy the requirements of this part 

through the use of a single set of EAS 

equipment at the hub station (or 

common studio or control point) which 

complies with §§ 11.32 and 11.33. 

* * * * * 

(e) Organizations using other 

communications systems or 

technologies such as low earth orbit 

satellite systems, paging, computer 

networks, etc. may join the EAS on a 

voluntary basis by contacting the FCC. 

Organizations that choose to voluntarily 

participate must comply with the 

requirements of this part. 

■ 4. Revise § 11.13 to read as follows: 

§ 11.13 Emergency Action Notification 

(EAN) and Emergency Action Termination 

(EAT). 

(a) The Emergency Action 

Notification (EAN) is the notice to all 

EAS Participants and to the general 

public that the EAS has been activated 

for a national emergency. 

(b) The Emergency Action 

Termination (EAT) is the notice to all 

EAS Participants and to the general 

public that the EAN has terminated. 

■ 5. Revise § 11.15 to read as follows: 

§ 11.15 EAS Operating Handbook. 

The EAS Operating Handbook states 

in summary form the actions to be taken 

by personnel at EAS Participant 

facilities upon receipt of an EAN, an 

EAT, tests, or State and Local Area 

alerts. It is issued by the FCC and 

contains instructions for the above 

situations. A copy of the Handbook 

must be located at normal duty 

positions or EAS equipment locations 

when an operator is required to be on 

duty and be immediately available to 

staff responsible for authenticating 

messages and initiating actions. 

■ 6. Revise § 11.19 to read as follows: 

§ 11.19 EAS Non-participating National 

Authorization Letter. 

This authorization letter is issued by 

the FCC to EAS Participants that have 

elected not to participate in the national 

level EAS. It states that the EAS 

Participant has agreed to go off the air 

or discontinue programming on all 

channels during a national level EAS 

message. For licensees this 

authorization will remain in effect 

through the period of the initial license 

and subsequent renewals from the time 

of issuance unless returned by the 

holder or suspended, modified, or 

withdrawn by the Commission. 

■ 7. Revise § 11.21 introductory text and 

paragraph (a) to read as follows: 

§ 11.21 State and Local Area Plans and 

FCC Mapbook. 

EAS plans contain guidelines which 

must be followed by EAS Participants’

personnel, emergency officials, and 

National Weather Service (NWS) 

personnel to activate the EAS. The plans 

include the EAS header codes and 

messages that will be transmitted by key 

EAS sources (NP, LP, SP and SR). State 

and local plans contain unique methods 

of EAS message distribution such as the 

use of the Radio Broadcast Data System 

(RBDS). The plans must be reviewed 

and approved by the Director, Office of 

Homeland Security, Enforcement 

Bureau, prior to implementation to 

ensure that they are consistent with 

national plans, FCC regulations, and 

EAS operation. 

(a) The State plan contains procedures 

for State emergency management and 

other State officials, the NWS, and EAS 

Participants’ personnel to transmit 

emergency information to the public 

during a State emergency using the EAS. 

* * * * * 

■ 8. Amend § 11.31 by revising the 

format code for LLLLLLLL in paragraph 

(c), revising paragraph (d), and revising 

the footnotes in paragraphs (e) and (f) to 

read as follows: 

§ 11.31 EAS protocol. 

* * * * * 

(c) * * * 

LLLLLLLL—This is the identification 

of the EAS Participant, NWS office, etc., 

transmitting or retransmitting the 

message. These codes will be 

automatically affixed to all outgoing 

messages by the EAS encoder. 

* * * * * 

(d) The only originator codes are: 

Originator ORG 

code 

EAS Participant ............................ EAS 

Civil authorities ............................. CIV 

National Weather Service ............ WXR 

Primary Entry Point System ......... PEP 

(e) * * * 

1Effective May 16, 2002, analog radio 

and television broadcast stations, analog 

cable systems and wireless cable 

systems may upgrade their existing EAS 

equipment to add these event codes on 

a voluntary basis until the equipment is 

replaced. All models of EAS equipment 

manufactured after August 1, 2003 must 

be capable of receiving and transmitting 

these event codes. EAS Participants that 

install or replace their EAS equipment 

after February 1, 2004 must install 

equipment that is capable of receiving 

and transmitting these event codes. 

(f) * * * 

1Effective May 16, 2002, analog radio 

and television broadcast stations, analog 

cable systems and wireless cable 

systems may upgrade their existing EAS 

equipment to add these marine area 

location codes on a voluntary basis until 

the equipment is replaced. All models 

of EAS equipment manufactured after 

August 1, 2003, must be capable of 

receiving and transmitting these marine 

area location codes. EAS Participants 

that install or replace their EAS 

equipment after February 1, 2004, must 

install equipment that is capable of 

receiving and transmitting these 

location codes. 

■ 9. Amend § 11.33 by revising 

paragraphs (a)(4) and (b) introductory 

text to read as follows: 

§ 11.33 EAS Decoder. 

(a) * * * 

(4) Display and logging. A visual 

message shall be developed from any 

valid header codes for tests and national 

activations and any preselected header 

codes received. The message shall 

include the Originator, Event, Location, 

the valid time period of the message and 

the local time the message was 

transmitted. The message shall be in the 

primary language of the EAS Participant 

and be fully displayed on the decoder 

and readable in normal light and 

darkness. All existing and new models 

of EAS decoders manufactured after 

August 1, 2003 must provide a means to 

permit the selective display and logging 

of EAS messages containing header 

codes for state and local EAS events. 

Effective May 16, 2002, analog radio and 

television broadcast stations, analog 

cable systems and wireless cable 

systems may upgrade their decoders on 

an optional basis to include a selective 

display and logging capability for EAS 

messages containing header codes for 

state and local events. EAS Participants 

that install or replace their decoders 

after February 1, 2004 must install 

decoders that provide a means to permit 

the selective display and logging of EAS 

messages containing header codes for 

state and local EAS events. 

* * * * * 

(b) Attention Signal. EAS Decoders 

shall have detection and activation 

circuitry that will demute a receiver 

upon detection of the two audio tones 

of 853 Hz and 960 Hz. To prevent false 

71034 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

responses, decoders designed to use the 

two tones for receiver demuting shall 

comply with the following: 

* * * * * 

■ 10. Amend § 11.34 by revising 

paragraph (e) to read as follows: 

§ 11.34 Acceptability of the equipment. 

* * * * * 

(e) Waiver requests of the Certification 

requirements for EAS Encoders or EAS 

Decoders which are constructed for use 

by an EAS Participant, but are not 

offered for sale will be considered on an 

individual basis in accordance with part 

1, subpart G, of this chapter. 

* * * * * 

■ 11. Revise § 11.35 to read as follows: 

§ 11.35 Equipment operational readiness. 

(a) EAS Participants are responsible 

for ensuring that EAS Encoders, EAS 

Decoders and Attention Signal 

generating and receiving equipment 

used as part of the EAS are installed so 

that the monitoring and transmitting 

functions are available during the times 

the stations and systems are in 

operation. Additionally, EAS 

Participants must determine the cause 

of any failure to receive the required 

tests or activations specified in 

§ 11.61(a)(1) and (a)(2). Appropriate 

entries indicating reasons why any tests 

were not received must be made in the 

broadcast station log as specified in 

§§ 73.1820 and 73.1840 of this chapter 

for all broadcast streams and cable 

system records as specified in 

§§ 76.1700, 76.1708, and 76.1711 of this 

chapter. All other EAS Participants 

must also keep records indicating 

reasons why any tests were not received 

and these records must be retained for 

two years, maintained at the EAS 

Participant’s headquarters, and made 

available for public inspection upon 

reasonable request. 

(b) If the EAS Encoder or EAS 

Decoder becomes defective, the EAS 

Participant may operate without the 

defective equipment pending its repair 

or replacement for 60 days without 

further FCC authority. Entries shall be 

made in the broadcast station log, cable 

system records, and records of other 

EAS Participants, as specified in 

paragraph (a) of this rule, showing the 

date and time the equipment was 

removed and restored to service. For 

personnel training purposes, the 

required monthly test script must still 

be transmitted even though the 

equipment for generating the EAS 

message codes, Attention Signal and 

EOM code is not functioning. 

(c) If repair or replacement of 

defective equipment is not completed 

within 60 days, an informal request 

shall be submitted to the District 

Director of the FCC field office serving 

the area in which the EAS Participant is 

located, or in the case of DBS and 

SDARS providers to the District Director 

of the FCC field office serving the area 

where their headquarters is located, for 

additional time to repair the defective 

equipment. This request must explain 

what steps have been taken to repair or 

replace the defective equipment, the 

alternative procedures being used while 

the defective equipment is out of 

service, and when the defective 

equipment will be repaired or replaced. 

■ 12. Revise § 11.41 to read as follows: 

§ 11.41 Participation in EAS. 

(a) All EAS Participants specified in 

§ 11.11 are categorized as Participating 

National (PN) sources unless authorized 

by the FCC to be Non-Participating (NN) 

sources. 

(b) An EAS Participant may submit a 

written request to the FCC asking to be 

an NN source. The FCC may then issue 

a Non-participating National 

Authorization letter. NN sources must 

go off the air during a national EAS 

activation after transmitting specified 

information. 

(1) An EAS Participant that is an NN 

source under § 11.18(f) that wants to 

become a PN source in the national 

level EAS must submit a written request 

to the FCC. 

(2) NN sources may voluntarily 

participate in the State and Local Area 

EAS. Participation is at the discretion of 

EAS Participant management and 

should comply with State and Local 

Area EAS Plans. 

(c) All sources, including NN, must 

have immediate access to an EAS 

Operating Handbook. 

■ 13. Amend § 11.42 by revising 

paragraphs (a)(1), (a)(2), (b), and (c) to 

read as follows: 

§ 11.42 Participation by communications 

common carriers. 

(a) * * * 

(1) An originating source from the 

nearest service area to a selected Test 

Center and then to the EAS Participant 

for the duration of the emergency, 

provided an Emergency Action 

Notification is issued by the White 

House and the originating source has a 

local channel from the originating point 

to the nearest service area. 

(2) An independent broadcast station 

to the radio and television broadcast 

networks and any other EAS Participant 

provided the station has in service a 

local channel from the station’s studio 

or transmitter directly to the broadcast 

source. 

(b) Upon receipt of the Emergency 

Action Termination, the common 

carriers shall disconnect the originating 

source and the participating 

independent stations and restore the 

networks and other EAS Participants to 

their original configurations. 

(c) During a National level EAS Test, 

common carriers which have facilities 

in place may, without charge, connect 

an originating source from the nearest 

exchange to a selected Test Center and 

then to any EAS Participant. 

Independent stations will not be 

connected during the test unless 

authorized by the FCC. Upon test 

termination, EAS Participants shall be 

restored to their original configurations. 

* * * * * 

■ 14. Amend § 11.44 by revising 

paragraph (d) to read as follows: 

§ 11.44 EAS message priorities. 

* * * * * 

(d) During a national emergency, the 

facilities of all EAS Participants must be 

reserved exclusively for distribution of 

Presidential Messages. NIC messages 

received from national networks which 

are not broadcast at the time of original 

transmission must be recorded locally 

by LP sources for transmission at the 

earliest opportunity consistent with the 

message priorities in paragraph (b) of 

this section. 

■ 15. Revise § 11.46 to read as follows: 

§ 11.46 EAS public service 

announcements. 

EAS Participants may use Public 

Service Announcements or obtain 

commercial sponsors for 

announcements, infomercials, or 

programs explaining the EAS to the 

public. Such announcements and 

programs may not be a part of alerts or 

tests, and may not simulate or attempt 

to copy alert tones or codes. 

■ 16. Revise § 11.47 to read as follows: 

§ 11.47 Optional use of other 

communications methods and systems. 

(a) Analog and digital broadcast 

stations may additionally transmit EAS 

messages through other 

communications means. For example, 

on a voluntary basis, FM stations may 

use subcarriers to transmit the EAS 

codes including 57 kHz using the RBDS 

standard produced by the National 

Radio Systems Committee (NRSC) and 

television stations may use subsidiary 

communications services. 

(b) Other technologies and public 

service providers, such as low earth 

orbiting satellites, that wish to 

participate in the EAS may contact the 

FCC’s Office of Homeland Security, 

Enforcement Bureau, or their State 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71035 

Emergency Communications Committee 

for information and guidance. 

■ 17. Revise § 11.51 to read as follows: 

§ 11.51 EAS code and Attention Signal 

Transmission requirements. 

(a) Analog and digital broadcast 

stations must transmit, either 

automatically or manually, national 

level EAS messages and required tests 

by sending the EAS header codes, 

Attention Signal, emergency message 

and End of Message (EOM) codes using 

the EAS Protocol. The Attention Signal 

must precede any emergency audio 

message. After January 1, 1998, the 

shortened Attention Signal may only be 

used as an audio alert signal and the 

EAS codes will become the minimum 

signaling requirement for National level 

messages and tests. 

(b) When relaying EAS messages, EAS 

Participants may transmit only the EAS 

header codes and the EOM code without 

the Attention Signal and emergency 

message for State and local emergencies. 

Pauses in video programming before 

EAS message transmission should not 

cause television receivers to mute EAS 

audio messages. No Attention Signal is 

required for EAS messages that do not 

contain audio programming, such as a 

Required Weekly Test. 

(c) By the effective dates provided in 

§ 11.11(a), all analog and digital radio 

and television stations shall transmit 

EAS messages in the main audio 

channel. Effective December 31, 2006, 

all DAB stations shall also transmit EAS 

messages on all audio streams. Effective 

December 31, 2006, all DTV broadcast 

stations shall also transmit EAS 

messages on all program streams. 

(d) By the effective dates provided in 

§ 11.11(a), analog and digital television 

broadcast stations shall transmit a visual 

message containing the Originator, 

Event, Location and the valid time 

period of an EAS message. If the 

message is a video crawl, it shall be 

displayed at the top of the television 

screen or where it will not interfere with 

other visual messages. 

(e) Analog class D non-commercial 

educational FM stations as defined in 

§ 73.506 of this chapter, digital class D 

non-commercial educational FM 

stations, analog Low Power FM (LPFM) 

stations as defined in §§ 73.811 and 

73.853 of this chapter, digital LPFM 

stations, analog low power TV (LPTV) 

stations as defined in § 74.701(f) of this 

chapter, and digital LPTV stations as 

defined in § 74.701(k) of this chapter are 

not required to have equipment capable 

of generating the EAS codes and 

Attention Signal specified in § 11.31. 

(f) Analog and digital broadcast 

station equipment generating the EAS 

codes and the Attention Signal shall 

modulate a broadcast station transmitter 

so that the signal broadcast to other EAS 

Participants alerts them that the EAS is 

being activated or tested at the National, 

State or Local Area level. The minimum 

level of modulation for EAS codes, 

measured at peak modulation levels 

using the internal calibration output 

required in § 11.32(a)(4), shall modulate 

the transmitter at the maximum possible 

level, but in no case less than 50% of 

full channel modulation limits. 

Measured at peak modulation levels, 

each of the Attention Signal tones shall 

be calibrated separately to modulate the 

transmitter at no less than 40%. These 

two calibrated modulation levels shall 

have values that are within 1 dB of each 

other. 

(g) Analog cable systems and digital 

cable systems with fewer than 5,000 

subscribers per headend and wireless 

cable systems with fewer than 5,000 

subscribers shall transmit EAS audio 

messages in the same order specified in 

paragraph (a) of this section on at least 

one channel. The Attention Signal may 

be produced from a storage device. 

Additionally, these analog cable 

systems, digital cable systems, and 

wireless cable systems: 

(1) Must install, operate, and maintain 

equipment capable of generating the 

EAS codes. The modulation levels for 

the EAS codes and Attention Signal for 

analog cable systems shall comply with 

the aural signal requirements in § 76.605 

of this chapter, 

(2) Must provide a video interruption 

and an audio alert message on all 

channels. The audio alert message must 

state which channel is carrying the EAS 

video and audio message, 

(3) Shall transmit a visual EAS 

message on at least one channel. The 

message shall contain the Originator, 

Event, Location, and the valid time 

period of the EAS message. If the visual 

message is a video crawl, it shall be 

displayed at the top of the subscriber’s 

television screen or where it will not 

interfere with other visual messages. 

(4) May elect not to interrupt EAS 

messages from broadcast stations based 

upon a written agreement between all 

concerned. Further, analog cable 

systems, digital cable systems, and 

wireless cable systems may elect not to 

interrupt the programming of a 

broadcast station carrying news or 

weather related emergency information 

with state and local EAS messages based 

on a written agreement between all 

parties. 

(5) Wireless cable systems and digital 

cable systems with a requirement to 

carry the audio and video EAS message 

on at least one channel and a 

requirement to provide video interrupt 

and an audio alert message on all other 

channels stating which channel is 

carrying the audio and video EAS 

message, may comply by using a means 

on all programmed channels that 

automatically tunes the subscriber’s settop box to a pre-designated channel 

which carries the required audio and 

video EAS messages. 

(h) Analog cable and digital cable 

systems with 10,000 or more 

subscribers; analog cable and digital 

cable systems serving 5,000 or more, but 

less than 10,000 subscribers per 

headend; and wireless cable systems 

with 5,000 or more subscribers shall 

transmit EAS audio messages in the 

same order specified in paragraph (a) of 

this section. The Attention Signal may 

be produced from a storage device. 

Additionally, these analog cable 

systems, digital cable systems, and 

wireless cable systems: 

(1) Must install, operate, and maintain 

equipment capable of generating the 

EAS codes. The modulation levels for 

the EAS codes and Attention Signal for 

analog cable systems shall comply with 

the aural signal requirements in § 76.605 

of this chapter. This will provide 

sufficient signal levels to operate 

subscriber television and radio receivers 

equipped with EAS decoders and to 

audibly alert subscribers. Wireless cable 

systems and digital cable systems shall 

also provide sufficient signal levels to 

operate subscriber television and radio 

receivers equipped with EAS decoders 

and to audibly alert subscribers. 

(2) Shall transmit the EAS audio 

message required in paragraph (a) of this 

section on all downstream channels. 

(3) Shall transmit the EAS visual 

message on all downstream channels. 

The visual message shall contain the 

Originator, Event, Location and the 

valid time period of the EAS message. 

These are elements of the EAS header 

code and are described in § 11.31. If the 

visual message is a video crawl, it shall 

be displayed at the top of the 

subscriber’s television screen or where 

it will not interfere with other visual 

messages. 

(4) May elect not to interrupt EAS 

messages from broadcast stations based 

upon a written agreement between all 

concerned. Further, analog cable 

systems, digital cable systems, and 

wireless cable systems may elect not to 

interrupt the programming of a 

broadcast station carrying news or 

weather related emergency information 

with state and local EAS messages based 

on a written agreement between all 

parties. 

(5) Wireless cable systems and digital 

cable systems with a requirement to 

71036 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

carry the audio and video EAS message 

on all downstream channels may 

comply by using a means on all 

programmed channels that 

automatically tunes the subscriber’s settop box to a pre-designated channel 

which carries the required audio and 

video EAS messages. 

(i) Effective December 31, 2006, 

SDARS licensees shall transmit national 

audio EAS messages on all channels in 

the same order specified in paragraph 

(a) of this section. 

(1) SDARS licensees must install, 

operate, and maintain equipment 

capable of generating the EAS codes. 

(2) SDARS licensees may determine 

the distribution methods they will use 

to comply with this requirement. 

(j) Effective May 31, 2007, DBS 

providers shall transmit national audio 

and visual EAS messages on all 

channels in the same order specified in 

paragraph (a) of this section. 

(1) DBS providers must install, 

operate, and maintain equipment 

capable of generating the EAS codes. 

(2) The visual message shall contain 

the Originator, Event, Location and the 

valid time period of the EAS message. 

These are elements of the EAS header 

code and are described in § 11.31. If the 

visual message is a video crawl, it shall 

be displayed at the top of the 

subscriber’s television screen or where 

it will not interfere with other visual 

messages. 

(3) DBS providers may determine the 

distribution methods they will use to 

comply with this requirement. Such 

methods may include distributing the 

EAS message on all channels, using a 

means to automatically tune the 

subscriber’s set-top box to a predesignated channel which carries the 

required audio and video EAS messages, 

and/or passing through the EAS 

message provided by programmers and/ 

or local channels (where applicable). 

(k) If manual interrupt is used as 

authorized in paragraph (m) of this 

section, EAS Encoders must be located 

so that EAS Participant staff, at normal 

duty locations, can initiate the EAS 

code and Attention Signal transmission. 

(l) EAS Participants that are co-owned 

and co-located with a combined studio 

or control facility, (such as an AM and 

FM licensed to the same entity and at 

the same location or a cable headend 

serving more than one system) may 

provide the EAS transmitting 

requirements contained in this section 

for the combined stations or systems 

with one EAS Encoder. The 

requirements of § 11.32 must be met by 

the combined facility. 

(m) EAS Participants are required to 

transmit all received EAS messages in 

which the header code contains the 

Event codes for Emergency Action 

Notification (EAN), Emergency Action 

Termination (EAT), and Required 

Monthly Test (RMT), and when the 

accompanying location codes include 

their State or State/county. These EAS 

messages shall be retransmitted 

unchanged except for the LLLLLLLLcode which identifies the EAS 

Participant retransmitting the message. 

See § 11.31(c). If an EAS source 

originates an EAS message with the 

Event codes in this paragraph, it must 

include the location codes for the State 

and counties in its service area. When 

transmitting the required weekly test, 

EAS Participants shall use the event 

code RWT. The location codes are the 

state and county for the broadcast 

station city of license or system 

community or city. Other location codes 

may be included upon approval of 

station or system management. EAS 

messages may be transmitted 

automatically or manually. 

(1) Automatic interrupt of 

programming and transmission of EAS 

messages are required when facilities 

are unattended. Automatic 

transmissions must include a permanent 

record that contains at a minimum the 

following information: Originator, 

Event, Location and valid time period of 

the message. The decoder performs the 

functions necessary to determine which 

EAS messages are automatically 

transmitted by the encoder. 

(2) Manual interrupt of programming 

and transmission of EAS messages may 

be used. EAS messages with the EAN 

Event code must be transmitted 

immediately and Monthly EAS test 

messages within 60 minutes. All actions 

must be logged and include the 

minimum information required for EAS 

video messages. 

(n) EAS Participants may employ a 

minimum delay feature, not to exceed 

15 minutes, for automatic interruption 

of EAS codes. However, this may not be 

used for the EAN event which must be 

transmitted immediately. The delay 

time for an RMT message may not 

exceed 60 minutes. 

(o) Either manual or automatic 

operation of EAS equipment may be 

used by EAS Participants that use 

remote control. If manual operation is 

used, an EAS decoder must be located 

at the remote control location and it 

must directly monitor the signals of the 

two assigned EAS sources. If direct 

monitoring of the assigned EAS sources 

is not possible at the remote location, 

automatic operation is required. If 

automatic operation is used, the remote 

control location may be used to override 

the transmission of an EAS alert. EAS 

Participants may change back and forth 

between automatic and manual 

operation. 

■ 18. Revise § 11.52 to read as follows: 

§ 11.52 EAS code and Attention Signal 

Monitoring requirements. 

(a) EAS Participants must be capable 

of receiving the Attention Signal 

required by § 11.32(a)(9) and emergency 

messages of other broadcast stations 

during their hours of operation. EAS 

Participants must install and operate 

during their hours of operation, 

equipment capable of receiving and 

decoding, either automatically or 

manually, the EAS header codes, 

emergency messages and EOM code. 

EAS Participants must comply with 

these requirements by the dates set forth 

in § 11.11. 

Note to Paragraph (a): The two-tone 

Attention Signal will not be used to actuate 

two-tone decoders but will be used as an 

aural alert signal. 

(b) If manual interrupt is used as 

authorized in § 11.51(m)(2), decoders 

must be located so that operators at their 

normal duty stations can be alerted 

immediately when EAS messages are 

received. 

(c) EAS Participants that are coowned and co-located with a combined 

studio or control facility (such as an AM 

and FM licensed to the same entity and 

at the same location or a cable headend 

serving more than one system) may 

comply with the EAS monitoring 

requirements contained in this section 

for the combined station or system with 

one EAS Decoder. The requirements of 

§ 11.33 must be met by the combined 

facility. 

(d) EAS Participants must monitor 

two EAS sources. The monitoring 

assignments of each broadcast station 

and cable system and wireless cable 

system are specified in the State EAS 

Plan and FCC Mapbook. They are 

developed in accordance with FCC 

monitoring priorities. 

(1) If the required EAS sources cannot 

be received, alternate arrangements or a 

waiver may be obtained by written 

request to the FCC’s EAS office. In an 

emergency, a waiver may be issued over 

the telephone with a follow up letter to 

confirm temporary or permanent 

reassignment. 

(2) The management of EAS 

Participants shall determine which 

header codes will automatically 

interrupt their programming for State 

and Local Area emergency situations 

affecting their audiences. 

(e) EAS Participants are required to 

interrupt normal programming either 

automatically or manually when they 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71037 

receive an EAS message in which the 

header code contains the Event codes 

for Emergency Action Notification 

(EAN), Emergency Action Termination 

(EAT), and Required Monthly Test 

(RMT) for their State or State/county 

location. 

(1) Automatic interrupt of 

programming is required when facilities 

are unattended. Automatic operation 

must provide a permanent record of the 

EAS message that contains at a 

minimum the following information: 

Originator, Event, Location and valid 

time period of the message. 

(2) Manual interrupt of programming 

and transmission of EAS messages may 

be used. EAS messages with the EAN 

Event code must be transmitted 

immediately and Monthly EAS test 

messages within 60 minutes. All actions 

must be logged and recorded as 

specified in §§ 11.35(a) and 11.54(b)(13). 

Decoders must be programmed for the 

EAN and EAT Event header codes for 

National level emergencies and the RMT 

and RWT Event header codes for 

required monthly and weekly tests, with 

the appropriate accompanying State and 

State/county location codes. 

■ 19. Amend § 11.53 by revising 

paragraphs (a) introductory text and (c) 

to read as follows: 

§ 11.53 Dissemination of Emergency 

Action Notification. 

* * * * * 

(a) National Level. The EAN is issued 

by the White House. The EAN message 

is sent from a government origination 

point to broadcast stations and other 

entities participating in the PEP system. 

It is then disseminated via EAS 

Participants. 

* * * * * 

(c) Analog and digital broadcast 

stations must, prior to commencing 

routine operation or originating any 

emissions under program test, 

equipment test, experimental, or other 

authorizations, determine whether the 

EAS has been activated by monitoring 

the assigned EAS sources as specified in 

their State or Local plan. 

■ 20. Amend § 11.54 by revising 

paragraphs (b), (c), (d) and (e) to read as 

follows: 

§ 11.54 EAS operation during a National 

Level emergency. 

* * * * * 

(b) Immediately upon receipt of an 

EAN message, EAS Participants must: 

(1) Monitor the two EAS sources 

assigned in the State or Local Area plan 

or FCC Mapbook for any further 

instructions. SDARS licensees and DBS 

providers may choose their two EAS 

sources, one of which must be a PEP 

station. 

(2) Discontinue normal programming 

and follow the transmission procedures 

in the appropriate section of the EAS 

Operating Handbook. Announcements 

may be made in the same language as 

the primary language of the EAS 

Participant. 

(i) Key EAS sources (National Primary 

(NP), Local Primary (LP), State Primary 

(SP), State Relay (SR) and Participating 

National (PN) sources) follow the 

transmission procedures and make the 

announcements in the National Level 

Instructions of the EAS Operating 

Handbook. 

(ii) Non-participating National (NN) 

sources follow the transmission 

procedures and make the sign-off 

announcement in the EAS Operating 

Handbook’s National Level Instructions 

section for NN sources. After the signoff announcement, NN sources are 

required to remove their carriers or 

services from the air and monitor for the 

Emergency Action Termination 

message. NN sources using automatic 

interrupt under § 11.51(m)(1), must 

transmit the header codes, Attention 

Signal, sign-off announcement and EOM 

code after receiving the appropriate EAS 

header codes for a national emergency. 

(3) After completing the above 

transmission procedures, key EAS and 

Participating National sources must 

transmit a common emergency message 

until receipt of the Emergency Action 

Termination Message. Message 

priorities are specified in § 11.44. If LP 

or SR sources of a Local Area cannot 

provide an emergency message feed, any 

source in the Local Area may elect to 

provide a message feed. This should be 

done in an organized manner as 

designated in State and Local Area EAS 

Plans. 

(4) The Standby Script shall be used 

until emergency messages are available. 

The text of the Standby Script is in the 

EAS Operating Handbook’s section for 

Participating sources. 

(5) Analog and digital TV broadcast 

stations shall display an appropriate 

EAS slide and then transmit all EAS 

announcements visually and aurally as 

specified in §§ 11.51(a) through (e) and 

73.1250(h) of this chapter. 

(6) Analog cable systems, digital cable 

systems, and wireless cable systems 

shall transmit all EAS announcements 

visually and aurally as specified in 

§ 11.51(g) and (h). 

(7) DBS providers shall transmit all 

EAS announcements visually and 

aurally as specified in § 11.51(j). 

(8) Announcements may be made in 

the same language as the primary 

language of the EAS participant. 

(9) Analog and digital broadcast 

stations may transmit their call letters 

and analog cable systems, digital cable 

systems and wireless cable systems may 

transmit the names of the communities 

they serve during an EAS activation. 

State and Local Area identifications 

must be given as provided in State and 

Local Area EAS plans. 

(10) All analog and digital broadcast 

stations and analog cable systems, 

digital cable systems and wireless cable 

systems operating and identified with a 

particular EAS Local Area must transmit 

a common national emergency message 

until receipt of the Emergency Action 

Termination. 

(11) Analog and digital broadcast 

stations, except those holding an EAS 

Non-participating National 

Authorization letter, are exempt from 

complying with §§ 73.62 and 73.1560 of 

this chapter (operating power 

maintenance) while operating under 

this part. 

(12) National Primary (NP) sources 

must operate under the procedures in 

the National Control Point Procedures. 

(13) The time of receipt of the EAN 

and Emergency Action Termination 

messages shall be entered by analog and 

digital broadcast stations in their logs 

(as specified in §§ 73.1820 and 73.1840 

of this chapter), by analog and digital 

cable systems in their records (as 

specified in § 76.1711 of this chapter), 

by subject wireless cable systems in 

their records (as specified in § 21.304 of 

this chapter), and by all other EAS 

Participants in their records as specified 

in § 11.35(a). 

(c) Upon receipt of an Emergency 

Action Termination Message, EAS 

Participants must follow the termination 

procedures in the EAS Operating 

Handbook. 

(d) EAS Participants originating 

emergency communications under this 

section shall be considered to have 

conferred rebroadcast authority, as 

required by section 325(a) of the 

Communications Act of 1934, 47 U.S.C. 

325(a), to other EAS Participants. 

(e) During a national level EAS 

emergency, EAS Participants may 

transmit in lieu of the EAS audio feed 

an audio feed of the President’s voice 

message from an alternative source, 

such as a broadcast network audio feed. 

■ 21. Amend § 11.55 by revising 

paragraphs (a), (c) introductory text, 

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

§ 11.55 EAS operation during a State or 

Local Area emergency. 

(a) The EAS may be activated at the 

State and Local Area levels by EAS 

Participants at their discretion for dayto-day emergency situations posing a 

71038 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

threat to life and property. Examples of 

natural emergencies which may warrant 

activation are: Tornadoes, floods, 

hurricanes, earthquakes, heavy snows, 

icing conditions, widespread fires, etc. 

Man-made emergencies may include: 

toxic gas leaks or liquid spills, 

widespread power failures, industrial 

explosions, and civil disorders. 

(1) DBS providers shall pass through 

all EAS messages aired on local 

television broadcast stations carried by 

DBS providers under the Commission’s 

broadcast signal carriage rules to 

subscribers receiving those channels. 

(2) SDARS licensees and DBS 

providers may participate in EAS at the 

state and local level and make their 

systems capable of receiving and 

transmitting state and local level EAS 

messages on all channels. If an SDARS 

licensee or DBS provider is not capable 

of receiving and transmitting state and 

local EAS message on all channels, it 

must inform its subscribers, on its 

website and in writing on an annual 

basis, of which channels are and are not 

capable of supplying state and local 

messages. 

* * * * * 

(c) Immediately upon receipt of a 

State or Local Area EAS message, EAS 

Participants participating in the State or 

Local Area EAS must do the following: 

* * * * * 

(4) EAS Participants participating in 

the State or Local Area EAS must 

discontinue normal programming and 

follow the procedures in the State and 

Local Area plans. Analog and digital 

television broadcast stations must 

comply with § 11.54(b)(5); analog cable 

systems, digital cable systems, and 

wireless cable systems must comply 

with § 11.54(b)(6); and DBS providers 

must comply with § 11.54(b)(7). EAS 

Participants providing foreign language 

programming should comply with 

§ 11.54(b)(8). 

* * * * * 

(7) The times of the above EAS 

actions must be entered in the EAS 

Participants’ records as specified in 

§§ 11.35(a) and 11.54(b)(13). 

* * * * * 

■ 22. Revise § 11.61 to read as follows: 

§ 11.61 Tests of EAS procedures. 

(a) EAS Participants shall conduct 

tests at regular intervals, as specified in 

paragraphs (a)(1) and (a)(2) of this 

section. Additional tests may be 

performed anytime. EAS activations and 

special tests may be performed in lieu 

of required tests as specified in 

paragraph (a)(4) of this section. All tests 

will conform with the procedures in the 

EAS Operating Handbook. 

(1) Required Monthly Tests of the 

EAS header codes, Attention Signal, 

Test Script and EOM code. 

(i) Tests in odd numbered months 

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

sunset. Tests in even numbered months 

shall occur between local sunset and 

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

or State Primary sources. The time and 

script content will be developed by 

State Emergency Communications 

Committees in cooperation with affected 

EAS Participants. Script content may be 

in the primary language of the EAS 

Participant. These monthly tests must 

be transmitted within 60 minutes of 

receipt by EAS Participants in an EAS 

Local Area or State. Analog and digital 

class D non-commercial educational FM 

and analog and digital LPTV stations are 

required to transmit only the test script. 

(ii) Effective May 31, 2007, DBS 

providers must comply with this section 

by monitoring a state or local primary 

source to participate in testing. Tests 

should be performed on 10% of all 

channels monthly (excluding local-intolocal channels for which the monthly 

transmission tests are passed through by 

the DBS provider), with channels tested 

varying from month to month, so that 

over the course of a given year, 100% 

of all channels are tested. 

(2) Required Weekly Tests: 

(i) EAS Header Codes and EOM 

Codes: 

(A) Analog and digital AM, FM, and 

TV broadcast stations must conduct 

tests of the EAS header and EOM codes 

at least once a week at random days and 

times. Effective December 31, 2006, 

DAB stations must conduct these tests 

on all audio streams. Effective December 

31, 2006, DTV stations must conduct 

these tests on all program streams. 

(B) Analog cable systems and digital 

cable systems with 5,000 or more 

subscribers per headend and wireless 

cable systems with 5,000 or more 

subscribers must conduct tests of the 

EAS Header and EOM Codes at least 

once a week at random days and times 

on all programmed channels. 

(C) Analog cable systems and digital 

cable systems serving fewer than 5,000 

subscribers per headend and wireless 

cable systems with fewer than 5,000 

subscribers must conduct tests of the 

EAS Header and EOM Codes at least 

once a week at random days and times 

on at least one programmed channel. 

(D) SDARS providers must conduct 

tests of the EAS Header and EOM codes 

at least once a week at random days and 

times on all channels. 

(ii) DBS providers, analog and digital 

class D non-commercial educational FM 

stations, and analog and digital LPTV 

stations are not required to transmit this 

test but must log receipt, as specified in 

§§ 11.35(a) and 11.54(b)(13). 

(iii) The EAS weekly test is not 

required during the week that a monthly 

test is conducted. 

(iv) EAS Participants are not required 

to transmit a video message when 

transmitting the required weekly test. 

(3) Periodic National Tests. National 

Primary (NP) sources shall participate in 

tests as appropriate. The FCC may 

request a report of these tests. 

(4) EAS activations and special tests. 

The EAS may be activated for 

emergencies or special tests at the State 

or Local Area level by an EAS 

Participant instead of the monthly or 

weekly tests required by this section. To 

substitute for a monthly test, activation 

must include transmission of the EAS 

header codes, Attention Signal, 

emergency message and EOM code and 

comply with the visual message 

requirements in § 11.51. To substitute 

for the weekly test of the EAS header 

codes and EOM codes in paragraph 

(a)(2)(i) of this section, activation must 

include transmission of the EAS header 

and EOM codes. Analog and digital 

television broadcast stations, analog 

cable systems, digital cable systems, 

wireless cable systems, and DBS 

providers shall comply with the aural 

and visual message requirements in 

§ 11.51. Special EAS tests at the State 

and Local Area levels may be conducted 

on daily basis following procedures in 

State and Local Area EAS plans. 

(b) Entries shall be made in EAS 

Participant records, as specified in 

§§ 11.35(a) and 11.54(b)(13). 

[FR Doc. 05–23271 Filed 11–23–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 909 and 970 

RIN 1991–AB64 

Acquisition Regulation: Work for 

Others 

AGENCY: Department of Energy (DOE). 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is adopting as final without 

change an Interim Final Rule amending 

the Department of Energy Acquisition 

Regulation (DEAR) to provide policy 

and procedures regarding work for nonDOE entities performed by DOE 

contractors who manage and operate 

DOE-owned or DOE-leased facilities and 

to make an administrative change 

concerning debarment and suspension 

officials.