Report No. DC 95-128       ACTION IN DOCKET CASE           October 16, 1995


         FCC ADDRESSES ISSUES RAISED ON RECONSIDERATION REGARDING
                 REPLACEMENT OF THE EBS WITH THE NEW EAS;
              DELAYS THE IMPLEMENTATION DATE OF THE EAS FOR 
                      BROADCASTERS TO JANUARY 1, 1997
                      (FO DOCKET NOS. 91-301, 91-171)

     The Commission has addressed issues raised on
reconsideration of the Report and Order concerning the
replacement of the Emergency Broadcast System (EBS) with the new
Emergency Alert System (EAS). 
     
     On November 10, 1994, the Commission adopted a Report and
Order and further Notice of Proposed Rulemaking that replaced the
existing EBS with the new EAS.  By that action, the Commission
required broadcast stations and cable television systems to
install and operate new equipment for national alerts and relaxed
requirements for noncommercial educational Class D FM stations
and low power television stations.  

     On reconsideration of the R&O, a number of petitioners
requested changes to the rules regarding the alternative use of
Radio Broadcast Data System (RBDS) subcarriers for EAS alerts,
cable television system override of broadcast signals during EAS
alerts, or time extensions for the implementation of the EAS
requirements.

     Upon review, the Commission declined to incorporate the RBDS
in the EAS rules.  The Commission also declined to make
modifications to the FM broadcast rules to accommodate RBDS.  The
Commission rejected the petitioners argument that requiring video
interrupt and audio override of broadcast signals by a cable
system on which they are transmitted violates the copyright law
and the must carry rules.  Therefore, the Commission will not
require cable systems to install more expensive selective
override equipment.

     Additionally, in light of the technical adjustments and
clarifications being made and to allow implementation to occur in
a later budget year, the Commission delayed the implementation
date of the EAS for broadcasters to January 1, 1997.  The 


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Commission, however, encourages all broadcasters and cable
television systems to proceed with implementation of the EAS as
expeditiously as possible.

     Action by the Commission October 4, 1995, by Memorandum
Opinion and Order (FCC 95-420).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Compliance and Information Bureau contact: George R. Dillon
at (202) 418-1100.