Review of the Emergency Alert System, 71023-71038 [05-23271]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71023-71038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23271]


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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.

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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 
Sec. Sec.  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 https://www.bcpiweb.com. It 
is also available on the Commission's Web site at https://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.

[[Page 71024]]

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.

[[Page 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 (On-Channel) 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 round-the-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

[[Page 71026]]

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.

[[Page 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 https://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

[[Page 71028]]

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

[[Page 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.

[[Page 71030]]

    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 
Sec. Sec.  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

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 11 as follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority citation for part 11 continues to read as follows:


[[Page 71031]]


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


0
2. Revise Sec.  11.1 to read as follows:


Sec.  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.

0
3. Amend Sec.  11.11 by revising paragraphs (a), (b) and (e) to read as 
follows:


Sec.  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 Ku-band 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 Sec.  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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                FM Class D                                   Class A TV
  EAS equipment requirement        AM & FM         Digital       TV AM & FM         DTV            \1\          LPTV \2\       LPFM \3\         \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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            .............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Effective December 31, 2006, digital FM Class D stations have the same requirements.
\2\ LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment. Effective December 31,
  2006, digital LPTV stations have the same requirements.
\3\ LPFM stations must install a decoder within one year after the FCC publishes in the Federal Register a public notice indicating that at least one
  decoder has been certified by the FCC. Effective December 31, 2006, digital LPFM stations have the same requirements.
\4\ Effective December 31, 2006, digital Class A TV stations have the same requirements.
\5\ Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\6\ Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and the required
  monthly tests.


                                              Analog Cable Systems
  [A. Analog cable systems serving fewer than 5,000 subscribers from a headend must either provide the National
level EAS message on all programmed channels--including the required testing--by October 1, 2002, or comply with
               the following EAS requirements. All other analog cable systems must comply with B.]
----------------------------------------------------------------------------------------------------------------
                                         System size and effective dates
-----------------------------------------------------------------------------------------------------------------
                                                                   >=5,000 but <10,000
     B. EAS equipment requirement         >=10,000 subscribers         subscribers          <5,000 subscribers
----------------------------------------------------------------------------------------------------------------
Two-tone signal from storage device...  Y 12/31/98               Y 10/1/02                Y 10/1/02
EAS decoder \3\.......................  Y 12/31/98               Y 10/1/02                Y 10/1/02
EAS encoder \2\.......................  Y 12/31/98               Y 10/1/02                Y 10/1/02
Audio and Video EAS Message on all      Y 12/31/98               Y 10/1/02                N
 channels.
Video interrupt and audio alert         N                        N                        Y 10/1/02
 message on all channels,\3\ Audio and
 Video EAS message on at least one
 channel.
----------------------------------------------------------------------------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience before EAS emergency messages and
  required monthly test. The two-tone signal must be 8-25 seconds in duration.
\2\ Analog cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they
  install an FCC-certified decoder.
\3\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS
  emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated
  for the duration of the EAS message.
Note: Programmed channels do not include channels used for the transmission of data such as interactive games.


[[Page 71032]]


                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.]
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