Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Review of the Emergency Alert ) EB Docket No. 04-296
System )
)
)
)
)
FIRST REPORT AND ORDER
AND
FURTHER NOTICE OF PROPOSED RULEMAKING
Adopted: November 3, 2005 Released: November 10,
2005
Comment Date: [60 days after publication in the Federal
Register]
Reply Comment Date: [90 days after publication in the Federal
Register]
By the Commission: Chairman Martin, and Commissioners Abernathy,
Copps and Adelstein issuing
separate statements.
TABLE OF CONTENTS
Paragraph Number
I.INTRODUCTION 1
II. BACKGROUND
4
1. A.
History of EAS 4
2. B.
The Current EAS 5
3. C.
Recent Events 12
III. DISCUSSION
16
4. A.
General Matters 16
5. B.
Digital Television 19
6. C.
Digital Cable 27
7. D.
Digital Audio Broadcasting 33
8. E.
Satellite Digital Audio Radio Service 40
9. F.
Direct-to-Home Satellite Services 49
10. G.
Administrative Matters 59
11. H.
Conclusion 60
IV. FURTHER NOTICE OF PROPOSED RULEMAKING
61
V.PROCEDURAL MATTERS 82
12. A.
Ex Parte Presentations 82
13. B.
Comment Filing Procedures 83
14. C.
Accessible Formats 84
15. D.
Regulatory Flexibility Analysis 85
16. E.
Paperwork Reduction Act Analysis 87
17. F.
Congressional Review Act 88
VI. ORDERING CLAUSES
89
APPENDIX A - LIST OF COMMENTERS
APPENDIX B - FINAL RULES
APPENDIX C - PENETRATION DATA
APPENDIX D - FINAL REGULATORY FLEXIBILITY ANALYSIS
APPENDIX E - INITIAL REGULATORY FLEXIBILITY ANALYSIS
I. INTRODUCTION
One of the most fundamental and significant statutory mandates of
the Federal Communications Commission (Commission) is the
promotion of safety of life and property through the use of wire
and radio communication.1 For over forty years, the Commission
has sought to satisfy this mandate in large part by requiring
that the American public be provided with an effective and robust
national alert and warning system. Since 1994, this function has
been performed by the Emergency Alert System (EAS), which is
jointly administered by the Commission, the Federal Emergency
Management Agency (FEMA), one of the component agencies of the
Department of Homeland Security (DHS), and the Department of
Commerce and its component, the National Oceanic and Atmospheric
Administration's National Weather Service (NWS).2 Today, we take
steps to advance our 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,3
and satellite television and radio.4
Consumers have increasingly begun to adopt new digital
technologies as replacements for the analog broadcast and cable
systems that are currently required to implement EAS.
Accordingly, an increasingly large percentage of television
viewers and radio listeners receive their programming from
systems that may have no independent duty to provide EAS, or any
other alert and warning system, to their customers. For example,
as of 2005, almost 25% of TV households subscribed to Direct
Broadcast Satellite (DBS) services,5 yet such satellite services
are under no obligation to participate in EAS. More than 23% of
TV households subscribe to digital cable television services
which are not specifically addressed in the Commission's EAS
rules.6 Further, the number of subscribers in the Satellite
Digital Audio Radio Service (SDARS) -- also known as ``satellite
radio'' -- increased from approximately 140,000 to more than 6
million between June 2002 and June 2005.7 SDARS licensees are
not currently required to participate in EAS. Finally, digital
audio broadcasters using in-band, on-channel (IBOC) technology
and digital television (DTV) broadcasters also reach increasingly
large portions of the American public,8 but currently have no EAS
obligations. Clearly, some level of EAS participation must be
established for these new digital services to ensure that large
portions of the American public are able to receive national
and/or regional public alerts and warnings.
In the Further Notice of Proposed Rulemaking, we seek further
comment on how to amend the EAS rules to ensure that EAS messages
more effectively reach individuals with hearing and vision
disabilities. The Commission is committed to ensuring that
persons with disabilities have equal access to public warnings.
We also seek additional comment on what actions the Commission,
along with our Federal, State and industry partners, should take
to help expedite the development of a robust, state-of-the-art,
digitally-based public alert and warning system.
II. BACKGROUND
II.A. History of EAS
This country has had some type of national warning system in
place since 1951, when President Harry S. Truman created CONELRAD
(Control of Electromagnetic Radiation) in 1951. CONELRAD
provided a means for the President to address the American
people, to provide attack warning, and to supply emergency
information.9 CONELRAD soon became obsolete, however, and in
1963, President John F. Kennedy replaced it with the Emergency
Broadcast System (EBS).10 Our national warning system was
further improved in 1994 when the Commission adopted rules that
replaced EBS with EAS. EAS represented not only a technological
advancement, but also an expansion of the warning system beyond
the traditional broadcast media, to include cable systems. In
1997, the Commission further extended EAS obligations to wireless
cable systems.11
II.B. The Current EAS
Jurisdiction. EAS is a national public warning system that,
together with other emergency notification mechanisms, is part of
an overall public alert and warning system, under the
jurisdiction of FEMA.12 The Commission's authority to regulate
emergency alerts and warnings emanates from sections 1, 4(i) and
(o), 303(r), and 706 of the Communications Act of 1934, as
amended, (Act).13 The Commission, FEMA and NWS together
implement EAS at the federal level.14 In addition, State
Emergency Coordination Committees (SECCs) and Local Emergency
Coordination Committees (LECCs) develop state and local EAS
plans.
The Commission's role includes prescribing rules that establish
technical standards for EAS, procedures for radio and television
broadcast stations and cable systems to follow in the event EAS
is activated, and EAS testing protocols. The President has sole
responsibility for determining when the system will be activated
at the national level,15 and has delegated this authority to the
director of FEMA. FEMA is responsible for implementation of the
national-level activation of EAS, tests, and exercises.
At the state and local level, NWS plays a critical role as the
originator of emergency weather information. NWS broadcasts NWS
forecasts, warnings, watches, and other non-weather-related
hazard information 24 hours a day. Through its All-Hazards
Network, NWS originates approximately 80% of all EAS alerts,
supplying local alerts to broadcast and cable entry points
designated in approved EAS state and local plans. SECCs and
LECCs prepare coordinated emergency communications systems and
develop state and local emergency communications plans and
procedures for EAS and other public alert and warning systems
states may use in combination with EAS.
EAS Structure. Under the Commission's rules, national activation
of EAS for a Presidential message is designed to provide the
President the capability to transmit within ten minutes from any
location at any time, and must take priority over any other
message and preempt other messages in progress.16 Broadcast
stations and cable systems covered by the Commission's EAS rules
must cease their normal broadcasting and transmit such a
Presidential message. Use of EAS for state or local emergency
information is voluntary. Broadcasters and cable systems may
decide individually whether to transmit such messages that
originate at the state or local level.17 The Commission's rules
impose EAS obligations only on analog radio and television
stations, and wired and wireless cable television systems. Other
systems, such as DBS services, DTV, SDARS, and Digital Audio
Broadcasting (DAB) currently have no EAS requirements.
EAS is essentially a hierarchal distribution system.18 At the
request of the President, FEMA has designated 34 radio broadcast
stations as Primary Entry Point (PEP) stations to which it
distributes ``Presidential Level'' messages, the initial message
in the national chain.19 As the entry point for national level
EAS messages, the PEP stations are designated National Primary
(NP). The United States is divided into approximately 550 EAS
local areas, each containing a key EAS source, called the Local
Primary One (LP-1). The LP-1 must monitor two EAS sources,
including its regional PEP station, for Presidential messages,
and serves as the point of contact for local authorities and NWS
officials to activate EAS. Other Local Primary sources are
assigned numbers in the sequence they are to be monitored by
other broadcast stations in the local area (i.e., LP-1, 2, 3,
etc.). Broadcast stations and cable systems below LP-1 must
monitor two EAS sources including their LP-1 station. If a
Presidential message is sent, broadcast stations and cable
systems receiving it are required to air the message in the
format received.20 For non-Presidential messages, these
monitoring stations and cable systems may carry the message at
their discretion, but if they choose to transmit the message they
must comply with the Commission's Part 11 rules governing such
messages.
Although EAS is designed primarily to convey Presidential
messages in times of emergency, most emergencies originate at the
state and local level. State and local emergency operations
managers can also request activation of EAS for state and local
public alert and warning. State-level EAS entry points are
designated as State Primary and State Relay.21 State Primary
Entry Points can be broadcast stations, state emergency operation
centers, or other statewide networks, and can act as sources of
state EAS messages originating from the Governor or a State
Emergency Operations Center. State Relay sources relay state
common emergency messages into local areas.22 Local Primary
sources are responsible for coordinating the carriage of common
emergency messages from sources such as the NWS or local
emergency management offices as specified in EAS local area
plans.23
Initiating an EAS message, whether at the national, state, or
local level, requires the broadcaster, cable operator or
emergency administrator to enter certain codes into dedicated EAS
equipment.24 EAS messages enter the EAS system via equipment
that is able both to encode and decode EAS messages, often called
ENDEC units. EAS equipment sends and receives messages using a
precise format referred to as the EAS digital protocol. An
emergency activation of EAS uses a four part message: (1)
preamble and EAS header codes; (2) audio attention signal; (3)
message; and (4) preamble and EAS end of message codes.25 EAS
equipment also provides a method to automatically interrupt
regular programming and is capable of providing warnings in the
primary language that is used by the station or cable system.26
EAS header codes identify the party that originated the emergency
message, the nature of the event or emergency, the location of
the emergency, and the valid time period of the message.
II.C. Recent Events
In our August 2004 Notice of Proposed Rulemaking (EAS NPRM),27 we
acknowledged the tremendous impact that digital technologies are
having on broadcast, cable and satellite news and entertainment
industries, and noted the potential for effective warning offered
by digital media's ability to supply sophisticated services that
can communicate across various platforms. In this context we
asked whether EAS in its present form was the most effective
mechanism for warning the American public of an emergency and, if
not, how EAS can be improved. In response to the EAS NPRM, we
received approximately 160 comments, including comments from
entities from all major communications sectors. Many of these
commenters discussed the state of the art public alert and
warning potential that these sectors now offer.
Further, FEMA and NOAA, the Commission's co-administrators of
EAS, have initiated a series of pilot projects that explore the
use of digital and other cutting edge technologies to create an
Integrated Public Alert and Warning System.28 These pilot
projects involve partnerships and extensive coordination between
government and private industry. For example, the one-year
Digital Emergency Alert System (DEAS) National Capital Region
Pilot demonstrates how the 294 digital public television stations
across the country can act as a wireless network capable of
broadcasting data, or ``datacasting," public alerts and warnings
during times of national crisis.29 Phase one of this pilot
project uses datacasting of DEAS text, voice, and video over
public television stations. Phase two will further develop and
test Common Alerting Protocol (CAP) messages and DEAS-enabled
relays to cell phones, Internet, pagers, electronic bulletin
boards, etc.30 Additionally, FEMA and NOAA are involved in a
Geo?Targeted Alerting System pilot project designed to integrate
real-time weather models and hazardous air flow predictions
providing DHS with the ability to identify specific areas to
which to issue targeted homeland security alerts and warnings
using reverse 911 technologies.31
Both Houses of Congress have indicated that effective public
alert and warning is one of their highest priorities. On
September 7, 2005, a representative from the Commission testified
regarding this subject in connection with Hurricane Katrina
before the United States House of Representatives, Committee on
Energy and Commerce. On July 27, 2005, representatives from the
Commission, FEMA and NOAA presented statements regarding all-
hazards alert systems to the United States Senate, Committee on
Commerce, Science and Transportation, Subcommittee on Disaster
Prevention and Prediction. Additionally, on September 22, 2004,
representatives from the Commission and FEMA and NOAA testified
regarding EAS before the United States House of Representatives,
Select Committee on Homeland Security, Subcommittee on Emergency
Preparedness and Response. Finally, the recently enacted
Intelligence Reform and Terrorism Prevention Act of 200432
includes requirements for a study about the use of
telecommunications networks as part of an all-hazards warning
system.33
Most recently, the White House established The Task Force on
Effective Warnings, constituted under the National Science and
Technology Council. Co-chaired by DHS and NOAA, the task force
includes representatives from DHS, the Department of Commerce,
the Department of Defense, the Department of Interior, the
Department of Transportation, the Department of Agriculture, the
Department of State, the Commission, the Environmental Protection
Agency, the National Aeronautics and Space Administration, plus
other departments, agencies and White House offices. The Task
Force is charged with examining existing and planned disaster
warning communication systems, networks and facilities, and to
make recommendations to ensure effective disaster warning systems
for the nation.
III. DISCUSSION
III.A. General Matters
The examination of EAS that we have begun in this docket, in
combination with the recent government and industry efforts
mentioned above, offers a unique opportunity for us to integrate
effective public alert and warning into the sophisticated
services and features of digital media at an early developmental
stage. We agree with commenters that digital technologies offer
new and more effective possibilities for public warning.34 As
noted above, government and industry are engaged in a series of
efforts, either alone or in concert, to develop a fully
integrated, state of the art, digitally-based public alert and
warning system for the American public. Accordingly, we adopt a
Further Notice of Proposed Rulemaking seeking comment on the
actions the Commission should take to help expedite the
development of such a system.35
Our immediate concern, and the subject of this 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 this agency's mission to ensure that
the American public receives public alerts and warnings. For the
reasons indicated below, we believe that the current EAS is
overall the most effective way to provide such a basic level of
warning as we transition to more sophisticated systems.
Accordingly, we adopt rules today to ensure that DTV, DAB,
digital cable, DBS and 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. We seek 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.
We believe 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. We agree 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 reasonable cost. Accordingly, based on our
examination of the record in this proceeding, we do not believe
that requiring these digital services to install and use EAS
equipment will impose undue regulatory or financial burdens. As
we have indicated above, we 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.
III.B. Digital Television
Background. Television broadcasting in the United States is in
the midst of a conversion from analog to digital technology.36
The majority of television stations serving all markets in the
United States are already airing DTV37 programming,38 and the
Commission set a target date of December 31, 2006 for the
completion of the DTV transition.39 In the Balanced Budget Act
of 1997, Congress made this target date statutory, providing that
a broadcast license that authorizes analog television service may
not be renewed to authorize such service for a period that
extends beyond December 31, 2006 unless the Commission grants an
extension based on specific criteria enumerated in the statute.40
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 our rules.41 None of these rules, however, have
addressed EAS participation.
In the 1994 EAS Report and Order, the Commission encouraged, but
did not require, DTV42 broadcasters to participate in EAS, and
specifically provided for the voluntary participation of DTV
broadcasters.43 In the EAS NPRM, the Commission sought comment
on whether to make participation compulsory.44 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.45 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.46 We
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.47
Discussion. Based on the record before us, we find that revising
our 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,
we will require DTV broadcasters to comply with our Part 11
rules.48 DTV broadcasters must participate in all national EAS
activations.49 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.50
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.51 These
requirements will be effective on December 31, 2006.
The Commission has recognized that digital broadcasters remain
public trustees of the nation's airwaves and have a
responsibility to serve the public interest.52 We agree with
NAB/MSTV's assertions that extending EAS rules to DTV is a
natural extension of these public interest obligations.53
Participation of DTV broadcasters will enhance the effectiveness
of EAS and ensure that many more people have access to critical
emergency information.54 Given the ongoing transition to DTV,
continued exemption of this service from the requirement to
provide national EAS warnings does not serve the public interest.
As we suggested in the EAS NPRM, if EAS participation remained
voluntary and DTV broadcasters opted not to participate, some
communities could be left without an EAS television broadcast
source. Commenters overwhelmingly support extending EAS rules to
DTV broadcasters and support the Commission's effort to
restructure EAS in a comprehensive digital environment.55 No
commenters oppose extending EAS rules to DTV broadcasters. In
effect, extending EAS to DTV will simply retain the status quo
established in 1994 - television broadcasters will continue to be
required to participate in EAS at the national level.
In addition, we conclude 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.56 All DTV viewers should have access to the
potentially life-saving emergency information contained in EAS
messages. We agree with commenters that argue that EAS messages
should be transmitted on all program streams.57 RERC Wireless
supports requiring DTV broadcasters to transmit EAS messages on
all program streams, contending that EAS messages are too
important to risk missing because a person is tuned to the wrong
channel.58 Ohio EMA agrees that we should require all program
streams to air the EAS message.59
NAB and MSTV contend that DTV broadcasters should be required to
transmit EAS messages only on programming streams intended for
the general public, but they do not explain why EAS information
would not be suitable for all program streams, including those
that are subscription based.60
We conclude that all viewers should be informed of critical
emergency information regardless of which program stream they are
viewing. We see no reason to exempt subscription-based streams,
particularly when we have extended and are extending EAS
obligations to other subscription-based services, including
analog cable systems, digital cable systems, wireless cable
systems, SDARS and DBS. The public interest obligations of DTV
broadcasters to meet the emergency needs of their viewing
audience must extend to carrying EAS alerts on all program
streams.
We recognize that DTV broadcasters may need to resolve technical
issues, such as equipment procurement, installation, and training
in order to comply with the requirements that we establish today.
Accordingly, we afford DTV broadcasters more than a year to
comply with these rules. Moreover, we grant DTV broadcasters the
flexibility to determine the method they will use to distribute
EAS messages to all program streams, as long as all viewers
receive the EAS message on the channel that they are watching.
For example, DTV broadcasters may separately transmit EAS
messages on all program streams or, if the technology is
available, transmit EAS messages on one stream and force tune all
receivers to that stream. We do not mandate force tuning,
however, as recommended by Harris Corporation,61 because most DTV
receivers currently on the market do not have force tuning
capabilities.62 We believe that DTV broadcasters should have the
option to utilize force tuning technologies when feasible, as
long as every viewer receives the same EAS message regardless of
the channel he or she is watching. The extent of the costs or
burdens that this requirement will impose on DTV broadcasters
will vary by station based on several factors, such as wiring
architecture. Because these EAS obligations require equipment
with which broadcasters are familiar and which is largely already
in place at DTV facilities, we believe that the cost and burden
of our requirement will not be so significant as to outweigh the
benefit of providing the American public with critical emergency
information.
III.C. Digital Cable
Background. The Cable Act of 1992 requires cable systems to
provide their subscribers with access to ``the same emergency
information as is afforded by the [E]mergency [B]roadcast
[S]ystem...''63 In 1994, when the Commission replaced the EBS
with EAS, it required cable systems to participate.64 Thus,
cable systems, like broadcasters, are required to carry
Presidential EAS messages, and permitted to transmit state and
local EAS messages on a voluntary basis.65 In 1997, the
Commission extended EAS requirements to wireless cable systems.66
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 EAS NPRM, the Commission sought comment
on whether it should extend EAS obligations to digital media,
including digital cable television.67 In addition, the
Commission raised some technical questions regarding digital
cable service participation in EAS.68
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.69 Because of these advantages, digital cable
is increasingly deployed with analog cable in the marketplace.
By 2005, more than 23% of TV households subscribed to digital
cable.70
Discussion. We specifically extend the EAS obligations set forth
in Part 11 of our rules to digital cable systems. As noted supra
in footnote 3, for purposes of this Order and our Part 11 rules
only, the term ``digital cable systems" is defined as the portion
of a cable system that delivers channels in digital format to
subscribers.71 Essentially, digital cable systems will now have
the same EAS obligations as analog cable systems. Specifically,
we will require digital cable systems to participate in national
level EAS activations.72 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.73 Like DTV broadcasters, our examination of the record
reveals that digital cable providers are familiar with EAS
equipment and have already installed this equipment.
Accordingly, we believe the burden of equipment purchase,
installation and training is similar to that of DTV broadcasters
and find that the same compliance deadline of December 31, 2006
is appropriate for digital cable providers.
The 1992 Cable Act, as cited above, manifested Congress's belief
``that emergency information should be accessible to all
television viewers, regardless of the distribution medium in
use.''74 Our decision here furthers that statutory goal. We
also find that specifically imposing these requirements on
digital cable systems is in the public interest. Given the
growing deployment of digital cable systems, safety of life and
property will be promoted75 by ensuring that viewers of digital
cable have access to the same potentially life-saving emergency
information as other television viewers. We agree with
commenters like SBE who support expanding EAS to include digital
cable systems.76 SBE agrees that digital cable should be treated
in the same manner as over-the-air broadcast and digital
broadcast signals.77 SBE believes that in order to achieve a
meaningful and working public warning system, short of creating
an entirely new one, emergency, life-saving messages should be
transmitted by all means possible.78 PPW contends that if over-
the-air digital broadcast television is required to participate
in EAS, then digital cable should also be required to
participate.79 As PPW correctly notes, this is in line with the
1992 Cable Act requirement that cable television participate in
the distribution of emergency messages.80 No commenters opposed
extending EAS obligations to digital cable.
We 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.81 We note that the Plug-and-Play
agreement82 provides that, to be labeled as ``Digital Cable
Ready,'' a television set must respond to EAS messages that are
transmitted in compliance with the Digital Video Service
Multiplex and Transport System Standard for Cable Television.83
Under the rules we adopt today, 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.84
III.D. Digital Audio Broadcasting
Background. In 2002, the Commission permitted terrestrial over-
the-air AM and FM radio stations to begin digital transmissions
on an interim basis using the IBOC technical system developed by
iBiquity Digital Corporation.85 The Commission established
interim requirements in the DAB R&O, including the requirement
that, during interim IBOC operations, radio stations must
broadcast the same main channel program material in both analog
and digital modes.86 In a subsequent Further Notice of Proposed
Rulemaking, we sought comment regarding what amendments to the
Commission's rules would be necessary to facilitate the adoption
of DAB and specifically sought comment on issues related to the
broadcast of emergency information.87
Radio stations using IBOC DAB technology are able to provide
enhanced sound fidelity, improved reception, multiple audio
streams, and new data services to digital-ready radio
receivers.88 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.89 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.90 This technology allows new radios to
receive both digital broadcasts and analog broadcasts from
stations that have not yet converted to digital.91 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.
In the EAS NPRM, the Commission noted that DAB has the ability to
transmit more than one program stream in its assigned channel, a
practice referred to as multicasting, and that the Commission had
recently reached the tentative conclusion that the EAS rules
should apply to all audio streams broadcast by radio stations
using DAB.92 Because most DAB broadcasters currently use the
digital part of their signal to replicate their analog
programming, we sought comment on whether EAS messages should be
carried on the analog, digital or both program streams. We also
asked how EAS messages should be carried when a digital audio
broadcaster transmits different programs on its digital and
analog streams. Finally, we sought comment regarding whether
IBOC receivers have the ability to be force tuned.
Discussion. We revise our Part 11 EAS rules to apply to DAB
broadcasters.93 We agree with most commenters that we should
extend EAS requirements to DAB providers as a natural extension
of radio broadcasters' public interest obligations.94
Accordingly, we will require DAB broadcasters to air all national
EAS messages.95 Participation in state and local EAS activations
will be voluntary, as it is for analog radio broadcasters.96 If
DAB broadcasters choose to participate in state and local EAS
activations, they must comply with the Commission's Part 11 EAS
rules.97 Essentially, DAB providers will now have the same EAS
obligations as analog radio broadcasters. For the same reasons
we discuss in paragraphs 23-25, we will also require DAB
broadcasters to transmit all EAS messages that they air on all
audio streams.98 Because DAB broadcasters will face similar
burdens of equipment purchase, installation and training as DTV
and digital cable providers, we apply the same date of compliance
that we did for DTV and digital cable. Accordingly, these rules
will be effective December 31, 2006.
As noted in the DAB FNPRM, we believe that fully informing the
public of critical emergency information best serves the public
interest and that this can be accomplished only if broadly
applied.99 The public interest obligations of DAB broadcasters
to meet the emergency needs of their viewing audience must extend
to carrying EAS alerts on all audio streams. Commenters
generally agree that DAB broadcasters should participate in EAS
and that EAS messages should be broadcast on all audio
streams.100 We agree 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.101 All listeners should be informed of
critical emergency information regardless of which audio stream
they are listening to. For the reasons stated in paragraphs 23-
25 with respect to DTV, we see no reason to exempt subscription-
based streams.102 It would not serve the public interest to
exempt DAB broadcasters as they reach increasingly large portions
of the American public from EAS obligations. Additionally,
although there is no deadline to do so, radio stations will
eventually convert to all-digital modes of operation.103
Although AM and FM radio broadcast stations using DAB may need to
update EAS equipment to comply with these rules, particularly
with respect to transmitting EAS messages on all audio streams,
commenters indicate that these updates will neither be complex
nor costly. NAB and MSTV assert that ``EAS functionality will be
fully preserved during the transition to digital radio using the
IBOC technology.''104 National Public Radio has also stated
that, using relatively inexpensive distribution amplifiers and
switching devices, stations should be able to carry EAS or other
emergency information virtually instantaneously via each free
over-the-air program channel.105 As noted above, access to the
emergency information contained in EAS messages is critical.
Based on our examination of the record in this proceeding, we
conclude that the costs of complying with the EAS requirements
that we adopt today are outweighed by the public safety benefits
of ensuring that all listeners receive EAS messages.
Further, as we did above for DTV broadcasters, we afford DAB
broadcasters more than a year to comply with these rules and we
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.106
SBE agrees that ``whichever method yields the desired results''
is acceptable.107 We believe that these details are best left to
industry to formulate effective methods and standards that fully
integrate new and developing technologies.
III.E. Satellite Digital Audio Radio Service
Background. Governed by Part 25 of our rules, SDARS provides a
wide variety of digital radio programming on a subscription basis
to subscribers throughout the contiguous United States.108 In
1997, the Commission granted SDARS licenses at auction to two
entities: Sirius Satellite Radio, Inc. (Sirius) (formerly,
Satellite CD Radio, Inc.)109 and XM Radio Inc. (XM) (formerly,
American Mobile Radio Corporation).110 Most SDARS programming is
created in the licensees' central headquarters in New York City
(Sirius) and Washington, D.C. (XM), but SDARS licensees also re-
transmit the programming of third-party content providers.
Content is currently transmitted exclusively on a nationwide
basis.111 SDARS licensees have recently begun providing
metropolitan area traffic and weather updates on a round-the-
clock basis by means of dedicated channels,112 but all
subscribers receive each of these channels on a nationwide basis.
For example, both SDARS licensees have a dedicated channel
providing traffic and weather reports for Philadelphia, which can
be tuned into not only by subscribers in the Philadelphia area,
but also by all other subscribers throughout the contiguous
United States.
In the 1994 EAS First Report and Order, the Commission encouraged
digital broadcasters to participate in the EAS system.113 SDARS,
however, is not a broadcast service, and is not currently
required to participate in EAS. In the EAS NPRM, the Commission
sought comment on whether we should adopt rules extending EAS
obligations to other digital networks, such as SDARS.114 We also
sought comment on whether SDARS licensees' national distribution
structures affect their ability to discharge EAS obligations
effectively.115
Both providers have already implemented some form of emergency
alerts in their programming. XM, in addition to providing
regional and local emergency information over its traffic and
weather channels,116 has a channel dedicated exclusively to
public safety and emergency alerts.117 XM indicates that this
alert channel is committed to providing critical, updated
information before, during, and after natural disasters, weather
emergencies, and other hazardous incidents.118 To ensure that
critical emergency information is received and transmitted
quickly on its traffic and weather channels and the channel
dedicated to emergency alerts, XM states that its personnel
monitor a variety of sources 24 hours a day including FEMA, the
U.S. Department of Health and Human Services, NWS, and state and
local public safety organizations.119 Sirius currently has a
voiceover alert capability that interrupts programming to
transmit a voice message ``instruct[ing] listeners that an
emergency exists and that they should tune to one of Sirius' news
program channels for further details.''120 Sirius used this
voiceover alert capability during the Northeast Blackout in
August 2003.121
Discussion. We amend Part 11 of our 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.122 Both XM and Sirius have stated that, once received,
they are currently capable of transmitting national EAS messages
on every channel.123 We will require that SDARS licensees
receive national EAS messages through an 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.124
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.125 We
strongly encourage 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.126
We 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.127 Finally, we 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 our rules and to keep records of all tests.128 Although
XM states that it is committed to testing its EAS equipment, it
suggests that our rules should require it to conduct tests only
on its XM Emergency Channel.129 Although we commend XM for its
commitment to test its EAS equipment, we disagree with its view
regarding testing requirements. The EAS testing regime is
designed to test not only the EAS participant's ability to
receive the message from the source it monitors, but also the
ability of the participant to disseminate an alert to its entire
audience. SDARS licensees should monitor a state or local
primary source to participate in testing. Because SDARS
licensees will face burdens of equipment 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, 2006.130
We believe that requiring SDARS licensees to transmit national
EAS messages will serve the public interest because the current
rules do not guarantee that the substantial and increasing number
of people who subscribe to SDARS would receive EAS alerts on
their SDARS receivers. There are currently over six million
SDARS subscribers and this number continues to grow.131 SDARS is
an expanding service, with providers creating partnerships with
wireless telephone providers, automobile manufacturers and major
media companies.132 Thus, extending national EAS obligations to
SDARS will promote the safety of the large and growing number of
Americans who are subscribing to this service. We disagree with
commenters who claim that voluntary participation in national EAS
activations by SDARS licensees would be sufficient.133 Failure
to mandate SDARS participation in national EAS activations could
potentially leave a substantial number of Americans without
access to critical information in the event of a national
emergency. We agree with commenters who assert that the
extension of EAS obligations to SDARS licensees is an important
addition to the EAS system.134 As noted above, both XM and
Sirius have stated that, once received, they are currently
capable of transmitting national EAS messages on every
channel.135 Moreover, we leave it to the SDARS licensees to
design their distribution systems to comply with the EAS rules,
as we share the concern of commenters that detailed EAS
requirements would limit innovation in the area of developing new
ways to provide EAS alerts.136
In addition, like broadcasters and cable providers, SDARS
licensees will not be obligated to transmit state and local
alerts. We note, as mentioned above, that SDARS licensees are
currently providing some channels containing regional or local
traffic and weather information. Because of the nature of this
programming, and the likelihood that the audience is located or
interested in a particular city or region, we strongly encourage
SDARS licensees to develop and implement a distribution system
that includes the ability to receive relevant state and local EAS
warnings and the ability to transmit those warnings on channels
that provide regional and local traffic and weather information.
Most emergencies originate at the state and local level and the
current EAS includes an interface for state and local emergency
managers that allows them to originate and relay state and local
EAS messages through radio and television broadcast stations,
analog cable systems and wireless cable systems. Unlike
broadcast stations and cable systems, however, the SDARS
licensees produce and control their programming from facilities,
primarily in Washington, D.C. and New York City, that are not
necessarily located in the area for which the traffic and weather
is being reported and are not located such that an ENDEC unit or
units could be used to receive regional or local alerts relevant
to every state or local area within the SDARS licensees' service
areas. Accordingly, while we strongly encourage SDARS licensees
to develop and implement the ability to receive relevant state
and local EAS warnings, we do not believe it is appropriate at
this time to mandate that SDARS licensees have such ability.
We recognize that SDARS is by nature a national service, and that
as a result the development of methods to ensure receipt of state
and local alerts by SDARS licensees is likely to be
challenging.137 Currently, both SDARS licensees have implemented
methods of monitoring regional and local alerts to provide
warnings on their various regional traffic and weather channels
and we commend their regional and local public safety efforts.138
Commenters alluded to the idea of a centralized system to which
state and local officials could release emergency alerts as being
a feasible solution for satellite licensees to receive regional
EAS alerts.139 Alternatively, the SDARS licensees also suggested
that they could explore transmitting state and local alerts if
they were contacted directly by state and local emergency
authorities.140 We 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.
The dissemination of state and local emergency messages by SDARS
based on the listener's location is likely to be challenging as
well. Unlike a national EAS message, transmission of a state or
local emergency message to appropriate receivers is complicated
by the fact that SDARS cannot and does not currently transmit
content regionally.141 Thus, transmission of local emergency
information on all channels, which would reach all affected
listeners, would also reach - and inconvenience - millions of
unaffected listeners nationwide as well. If listeners are
deluged with too many emergency messages, most of which are
inapplicable to them, then emergency messages may well lose their
impact. For this reason, we encourage 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. We note that both SDARS licensees
suggested distributing state and local EAS messages over their
existing traffic and weather channels,142 and as indicated above,
both currently provide some emergency information and alerts to
subscribers over these regional content channels.143 Finally, we
require 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.
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.144 We strongly encourage such developments, and the
use of the SDARS and DAB text box to display entire EAS messages,
which we hope to see included in any next generation public alert
and warning system.
III.F. Direct-to-Home Satellite Services
Background. Pursuant to section 303(v) of the Act, the
Commission has jurisdiction to regulate direct-to-home (DTH)
satellite services.145 DTH satellite services include DBS146 and
Home Satellite Dish (HSD) services.147 Under our current Part 11
rules, DBS providers and HSD providers are not required to
participate in EAS, but may participate on a voluntary basis.148
The Commission has encouraged such participation.149 For
purposes of this Order, DBS providers include the entities set
forth in section 25.701(a) of our rules.150 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.151 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.152
HSD providers originally supplied satellite television; however,
today, DBS providers serve most satellite television
consumers.153 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 2005.154 During the same time
period, the number of HSD subscribers has steadily decreased from
almost 1.5 million to fewer than 150,000.155 DTH satellite
service provides multi-channel video programming and now reaches
almost 25% of U.S. households with a television.156 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.
In the EAS NPRM, the Commission sought comment on: (1) whether
we 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; and (3)
what burdens extending the EAS obligations would place on such
services and whether the benefits outweigh the burdens.157
We also sought comment on technical issues involved with
requiring DBS providers to comply with our EAS rules. For
example, we asked how an EAS signal would be fed to a DBS
operator, noting that, while it could be sent over fiber to their
Local Receive Facility (LRF) where they offer local-into-local
service,158 they would not have an LRF where they do not provide
local-into-local service.159 Further, we noted that if an EAS
alert needed to be sent to an area on the border of a Designated
Market Area (DMA) where a DBS provider only provided local-into-
local service in one DMA, satellite customers in the unserved DMA
would not receive the signal.160 We also sought comment on how
DBS operators would conduct testing.161 Finally, to the extent
that software updates are needed in set top boxes and legacy
boxes that have already been deployed, we sought comment on what
an appropriate implementation time frame would be.162
Discussion. In order to ensure that DBS subscribers receive an
EAS message from the President in the event of a national
emergency, we modify our 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.163 Accordingly, DBS providers will be required to
comply with our Part 11 EAS rules. DBS providers must install
equipment capable of encoding and decoding the EAS protocol and
generating and detecting all EAS codes.164 DBS providers may
install this equipment at the location most convenient to their
system designs. In addition to ensuring that EAS equipment
complies with our rules, providers must also monitor two EAS
sources upon receipt of an emergency action notification and
ensure that their EAS monitoring equipment is operational.165
Finally, as explained in more detail below, we will require DBS
licensees to test their ability to receive and distribute EAS
messages.166
Although DBS providers note that mandatory participation in EAS
activations would be costly and technologically difficult,167
SBCA asserts that DBS operators could participate in national EAS
activations in some way if they are given sufficient development
time to address technical and operational difficulties and invest
in new hardware and software.168 DIRECTV states that it could
develop the systems and procedure necessary to deliver national
EAS messages to its subscribers and that it is prepared to commit
the assets necessary to do so.169 We conclude 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. We believe that the public
safety benefit that would result from imposing a public alert and
warning obligation on DBS providers far outweighs the burdens to
such providers from implementing these new requirements. The
majority of commenters agree that EAS requirements should be
extended to include DBS services.170 We strongly disagree with
those few commenters that stated that requiring DBS providers to
deliver EAS alerts would provide no more than a marginal benefit
over the status quo.171 Of all the services discussed in this
order, DBS has by far the largest share of customers. There are
currently more than 27 million DBS subscribers and that number
continues to increase.172 We applaud the innovative service that
DBS providers deliver to their customers, but note that it is
essential that these customers have access to the same type of
emergency information that they have come to expect from
traditional media sources. The Presidential EAS message must be
accessible to all television viewers, regardless of the
distribution medium.173
Although participation in state and local EAS activations remains
voluntary, we will require DBS providers to pass through all EAS
messages aired on local channels to subscribers receiving those
channels.174 Therefore, subscribers viewing local channels
through DBS services will receive all EAS messages transmitted
over those local channels.175 Additionally, we conclude 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 website and
in writing to their customers at least annually.176 As noted
above, 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. We encourage 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.
We acknowledge the concern that DBS providers have expressed
regarding technical and operational difficulties they expect to
encounter if they are required to provide national, state and
local EAS messages.177 We acknowledge that there are technical
issues that will need to be resolved in order for DBS licensees
to make the necessary changes to their systems.178 We wish to
give maximum flexibility to DBS providers. Accordingly, we 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.179 We agree with SBCA that, with respect to
broadcast television channels carried for local markets, DBS
providers can simply pass that channel through with the embedded
national, state or local EAS message.180 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, we are 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. DIRECTV estimates that such efforts
will likely require approximately 18 months to implement
fully.181 Accordingly, these rules will take effect May 31,
2007.182 We encourage DBS providers that have the capability to
participate in EAS activations to do so as soon as possible.
We 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 our rules and to
keep records of all tests.183 DBS licensees should monitor a
state or local primary source to participate in testing. The
majority of commenters agree that DBS providers should conduct
testing.184 We recognize that requiring a DBS provider to
conduct its weekly and monthly test on all channels
simultaneously may pose problems. Accordingly, we will require
that DBS providers conduct EAS tests each month on at least 10%
of the total channels they provide.185 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.186 The channels
tested should vary each month, and over the course of a year all
channels should be tested.187 DBS providers must log receipt of
weekly tests in their records.188 Requiring that only 10% 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 attached Further Notice of
Proposed Rulemaking, we seek comment regarding weekly test
transmission requirements for DBS providers.
Although we encourage participation by HSD providers, we 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 decrease189 and (2) as HSD users receive programming
directly from programmers, it would be very burdensome for HSD
providers to distribute EAS messages to subscribers.190
III.G. Administrative Matters
The Commission receives numerous questions about and requests for
clarification and corrections of our EAS rules. We find that
several minor administrative changes to our EAS rules are in
order. Accordingly, we amend our EAS rules to delete all
reference to the ``FCC EAS mailing list'' which we no longer
maintain.191 EAS information may now be obtained from our web
site. www.fcc.gov/eb/eas. and from the general FCC information
number 1888-CALLFCC. Further, we amend section 11.41 to change
"Operating Handbook" to "EAS Operating Handbook."192 In section
11.52(b) of our rules, we change the reference to 11.51(j)(2) to
11.51(m)(2).193 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.194 In order to clarify how EAS monitoring assignments
are determined, we amend this section to add the following to the
end of section 11.53(c): ``as specified in their State or Local
plan.''195 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 76.1711.196
III.H. Conclusion
We expand 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, we amend our EAS
rules to ensure that persons with disabilities have equal access
to public warnings.
IV. FURTHER NOTICE OF PROPOSED RULEMAKING
In the Order we adopt today, we realize the immediate objective
of ensuring that the large and growing segments of the population
who rely on digital radio and television technologies are not
left without access to alerts in the event of an emergency.
While the current EAS performs a critical function, we believe it
could be improved. In this Further Notice of Proposed Rulemaking
(FNPRM), we seek specific comments on what actions the Commission
should take to help expedite the development of a more
comprehensive system.
An accurate, wide-reaching public alert and warning system is
critical to the public safety and a vital part of the
Commission's core mission to promote the safety of life and
property through a robust communications system. We should have
a system that enables officials at the national, state and local
levels to reach affected citizens in the most effective and
efficient manner possible. It should have built-in redundancy
features and use a variety of communications media so that
officials can reach large numbers of people simultaneously.
Today's order is our first step to ensure that digital media is
capable of receiving and disseminating EAS messages. We note
that, in response to the EAS NPRM, commenters identified a number
of approaches to digital alert and warning. We seek further
comment on these approaches and ask what the Commission can do to
facilitate the development of a more effective, comprehensive
digital public alert and warning system. Specifically, what is
the appropriate role for the Commission among the various
government and industry entities that are involved in the
creation of this system? We also seek comment on the
Commission's statutory authority to regulate such a system. If a
new system is adopted, should compliance be mandatory or
voluntary? Should different communications technology - radio,
television, wireline, wireless - be treated differently?
As noted in the Order that accompanies this FNRPM, government and
industry have taken significant steps to develop a next-
generation alert and warning system. Digital media have the
potential to deliver a wholly new level of alert and warning
capabilities, far beyond the capabilities of today's EAS. Text
crawls and audio feeds can be replaced with full audio and video
alert, information such as evacuation routes can be embedded in
messages to the public, messages can be targeted to specialized
audiences such as first responders and health care providers, and
coordinated warnings can be sent over multiple platforms
simultaneously.
The comments filed in response to the EAS NPRM reveal a multitude
of technical approaches to a digital alert and warning system,
from specific approaches to individual technologies to broad
approaches to architecture and protocol design. Below we include
a representative sample of issues for parties to address. The
issues we include are representative, and do not constitute an
exclusive list. Parties can - and should - comment on any next
generation issues. In their comments, parties should consider
what role the Commission should play in facilitating choice among
these options. Are some more workable than others? Are some
unworkable, either intrinsically or because they would not fit
well in a system that must accommodate multiple communications
platforms?
System architecture/message distribution. Some commenters argue
that the current distribution system is flawed, and that EAS
messages should be distributed directly to media outlets.197 We
seek comment on this assertion. Would such point-to-multi-point
distribution deliver alerts more quickly to the public? Would it
do so more efficiently? Many commenters, such as WTOP/WXTR,
propose that a satellite-based system be used.198 Would such a
system be effective? Should it be deployed in addition to199 or
instead of the current system? APTS proposes that the PBS
satellite system offers a model for distribution of national or
state and local alerts.200 We seek comment on the APTS proposal.
We note that the PBS satellite system is an integral part of
FEMA's Digital Emergency Alert System (DEAS) National Capital
Region Pilot, and we expect to incorporate the results of that
pilot into our record. We also seek comment on other
distribution models. For example, given its inherent robustness,
we believe the Internet should serve an important role in
distribution of alerts and warnings.
Common protocols. The National Center for Missing & Exploited
Children (NCMEC) argues that emergency alerts should flow rapidly
and simultaneously through all available information conduits to
first responders and the public.201 Should such a ubiquitous
distribution be a goal of a digitally-based alert system? Most
commenters agree that in order for a digitally-based alert and
warning system to be distributed simultaneously over multiple
platforms, a common messaging protocol must be adopted.202 We
seek comment on this assertion. SWN Communications, Inc.
contends that the Common Alerting Protocol (CAP), endorsed by the
PPW and many public and private organizations responsible for
alerts, offers the most practical means of quickly creating an
effective interface between the emergency manager and multiple
emergency alert and notification systems to significantly improve
national alert and warning capability.203 Should CAP be adopted
as the common messaging protocol for any future digitally-based
alert system? Should we require the adoption of CAP for EAS
alerts? If CAP were to be adopted, would it allow simultaneous
distribution to radio, television, and wireless media such as
mobile telephones and PDAs? How would CAP be used to ensure
uniformity of alerts across such multiple platforms? For
example, if the White House were to issue a national message how
would CAP accommodate an audio message with a shorter, text-based
message appropriate for a PDA screen?
Issues specific to particular technologies. We also seek comment
on issues in the comments that relate to specific technologies.
For example, we seek comment on assertions by Echostar, Sirius
and XM that DTH and SDARS providers should not be required to
deliver state and local messages.204 As we note in today's
Order, because most EAS alerts are local, the ability to deliver
a state or local message is an essential element of an effective
alert and warning system. We seek comment on how technologies
like DTH and SDARS, which are designed to receive and deliver
national programming, could deliver local alerts. For example,
should DTH providers design the capability into their
transmission systems and their next generation digital set top
boxes to deliver state and local EAS alerts to only the
appropriate state and local audiences? We also seek comment on
technical solutions that would allow SDARS providers to
efficiently deliver state and local alerts and ask whether we
should require all digital radio services (whether SDARS or DAB)
to broadcast warnings over the digital displays on receivers.
Finally, we seek comment on whether the Commission should adopt
weekly test transmission requirements for DBS providers and, if
so, what those requirements should be.
Wireless products are becoming an equal to television and radio
as an avenue to reach the American public quickly and
efficiently. We note the participation of the wireless industry
in FEMA's current IPAWS pilot projects, which are discussed
below. What further steps should the Commission take to
facilitate wireless provision of alert and warning? Should the
Commission require wireless carriers to provide alerts and
warnings? We note that many commenters in the underlying
proceeding have advocated a point-to-multi-point, or cell
broadcast approach to wireless alert and warning.205 In
addition, commenters have identified technologies that enable
wireless handsets to receive EAS alerts.206 We seek comment on
these and other approaches to wireless alert and warning.
Parties should address whether each approach permits use of a
common messaging protocol. Finally, we seek comment on whether
each approach would require customers to return and replace their
current handsets and, if so, whether any financial impact of
handset return would offset the public benefit of providing
wireless alert and warning? Parties should address economic as
well as technical issues in their comments.
Finally, traditional telephone companies recently have indicated
that they plan to compete with cable television service providers
and DTV broadcasters in bringing high definition digital content
to customers' homes through fiber optic connections.207 Under
these circumstances, should telephone companies have public alert
and warning responsibilities similar to those of the other news
and entertainment providers covered in this docket? Are there
particular attributes of wireline technology that would make it
easier to deliver alert and warning to the public? Are there
attributes that do not lend themselves to the provision of alert
and warning? Are there policy considerations the Commission
should consider regarding requiring telephone companies that
provide content also to provide alert and warning?
Government Efforts To Develop Digital Warning System. The
Congressional Research Service (CRS) published a report titled,
``Emergency Communications: The Emergency Alert System (EAS) and
All-Hazard Warnings.''208 In the report, CRS noted many of the
same government efforts to develop a digital warning system as
discussed in the EAS NPRM, about which comments were filed in the
record. Specifically, CRS discussed the ongoing pilot projects
of FEMA, the Information Analysis and Infrastructure Protection
directorate at DHS, and the Association of Public Television
Stations (APTS) to develop an Integrated Public Alert and Warning
System (IPAWS). CRS notes the project's current testing of
digital media - including digital TV - to send emergency alert
data over telephone, cable, wireless devices, broadcast media and
other networks. What role should the Commission play with
respect to these FEMA efforts?
Performance Standards. Will performance standards be necessary
to ensure that the American public receives public alert and
warning in an accurate and timely fashion? Should the Commission
have a role in the development of such standards? Once
developed, should the Commission have a role in the enforcement
of such standards? Elements of proposed standards could be the
length of time it takes to get a particular message, and the
accuracy of the message. Will standards be necessary to ensure
the accuracy and timeliness of messages delivered across multiple
platforms? To ensure that standards are maintained, should the
Commission adopt reporting obligations for providers of alert and
warning? Alternatively, are current requirements, based on
regular testing of equipment, sufficient? Are there other ways
for the Commission to monitor implementation of its EAS rules
without imposing reporting requirements? For example, could
testing be monitored by third parties to ensure compliance? If
the Commission adopts additional reporting requirements, what are
the appropriate deadlines for such progress reports? Under what
authority could the Commission take such actions?
Coordination with State and Local Governments. We recognize the
historic and important role of states and localities in public
safety matters, and the essential role that state and local
governments play in delivering alert and warning. Recent
experience also demonstrates the devastating impact that natural
disasters can have on the health and safety of a substantial
number of people in a particular state or region. For this
reason, it may serve the public interest to give state governors
the ability to utilize EAS facilities in order to disseminate
potentially life-saving information under such circumstances.
Accordingly, we seek comment on whether our rules should be
amended to require EAS participants to transmit EAS messages
issued by the governor(s) of the state(s) in which they provide
service. We further ask whether, if such a requirement were
adopted, we should also adopt an additional originator code for
state governors in section 11.31(d) of our rules. We also seek
comment on how we can best work with the states to help implement
the EAS rules we adopt today as well as to develop the next
generation of alert and warning systems. In particular, we note
that there is a vital connection between state and local alert
and warning and Federal efforts to mitigate disasters. In the
EAS NPRM, we noted the importance of state and local EAS plans
and sought comment on several issues related to these EAS plans,
including whether periodic updating and review of these plans
should be required and, if so, how often.209 We now also seek
comment on whether our rules should be revised to require that
states notify the Commission of any changes in EAS participants'
state EAS Local Area and/or EAS designation (PEP, LP1, LP2, SR,
LR, etc.) within thirty days of such change. In the absence of
any such change, should we require a yearly confirmation that all
state EAS Local Area and EAS designations remain the same?
Accessibility to Persons with Disabilities. We also seek comment
regarding how we may, consistent with the Order we adopt today,
make EAS alerts more accessible to people with disabilities. The
Commission is committed to ensuring that persons with
disabilities have equal access to public warnings and are
considered in emergency preparedness planning. In the United
States, there are approximately 30.8 million adults with some
level of hearing loss and approximately 19.1 million adults with
vision trouble - that is 15% and 9.3% of the total U.S. adult
population, respectively.210 It is critical that we ensure that
these large segments of our population have full access to EAS
messages.
In the EAS NPRM, the Commission sought comment on whether there
are disparities in or conflicts between the EAS rules and those
contained in section 79.2 that should be reconciled or combined
and the manner in which such disparities or conflicts could be
resolved in subsequent rules.211 Currently, our Part 11 rules
require EAS participants to provide all EAS warnings that they
transmit in both aural and visual formats.212 The visual EAS
message transmitted by television stations, cable systems and
wireless cable systems must include the elements of the EAS
header code, specifically, the originator, event, location and
the valid time period of the EAS message.213 In addition, an EAS
attention signal must precede the emergency message.214
Section 79.2 of our rules requires video programming
distributors215 to make the audio portion of emergency
information accessible to persons with hearing disabilities using
closed captioning or other methods of visual presentation.216
Video programming distributors must also ensure that emergency
information provided in the video portion of a regularly
scheduled newscast, or a newscast that interrupts regular
programming, is accessible to persons with visual disabilities
through aural description in the main audio, such as open video
description.217 Emergency information is defined as information
about a current emergency that is intended to further the
protection of life, health, safety, and property, i.e. critical
details regarding the emergency and how to respond to the
emergency.218
Many commenters to the EAS NPRM argued that one of the major
shortcomings of EAS is the lack of the same specific information
in the visual, text display of the EAS message as that present in
the EAS audio feed generated by the source of the message.219
SBE states that this discrepancy is because the visual portion of
the EAS message is derived from the header code of the message,
rather than from the audio feed.220 We seek comment as to
whether EAS television crawls lack specificity due to the
``disconnect'' between the generic information contained in the
digital header codes and the information contained in the audio
portion of the EAS message.
SBE argues that one solution to this problem would be the
addition, by the EAS message originator, of textual information
within the EAS message containing the same information as the
audio message. We agree and encourage EAS message originators
such as FEMA and state emergency operations centers to provide
EAS messages in audio and visual format to make EAS messages
fully accessible to individuals with hearing and visual
disabilities. Video programming distributors could then provide
detailed aural and text EAS messages merely by providing the EAS
message in the format received.
Absent such action by EAS message originators, we seek comment on
whether individuals with hearing and vision disabilities may be
subject to inconsistent aural and visual information in EAS
alerts. We also seek comment on whether we should revise our EAS
rules to require all video programming distributors subject to
the Commission's Part 11 rules to provide the same information in
both the visual and aural versions of all EAS messages, instead
of only the header code information that EAS participants now
provide visually or the critical details of the emergency
information as required by section 79.2.221 Should parties
subject to the Commission's EAS rules be required to make an
audio EAS message accessible to those with hearing disabilities
by using a transcription of the audio message through the use of
closed captioning or other methods of visual presentation, such
as open captioning, crawls, or scrolls, that appear on the
screen?222 SBE argues that in order to provide a visual message
identical to the audio feed, providers would have to transcribe
the feed accurately and in real time into a character generator,
something for which very few television stations and cable
companies have the resources.223 We seek comment on SBE's
assertions. Should parties subject to the Commission's EAS rules
be required to provide an audio feed that duplicates any text
portion of an EAS alert? To the extent that an EAS message
contains other visual elements, should parties subject to the
Commission's EAS rules be required to describe such visual
portions? Will these obligations impose different technical or
financial burdens on the various media that must comply with the
Commission's EAS rules?224 Parties should discuss in detail any
relevant technical or financial issues.
We also seek comment on how any next-generation, digitally-based
alert and warning system can be developed in a manner that
assures that persons with disabilities will be given equal access
to alert and warning as other Americans. Further, we seek
comment on how we can incorporate the Commission's existing
disability access rules into the development of a more
comprehensive EAS? For example, the Commission's rules set forth
operational and technical standards for telecommunications relay
services (TRS), a nationwide system which permits persons with
hearing and speech disabilities to have access to the telephone
system. Can a digitally-based alert and warning system take
advantage of this system? Further, we seek comment on whether
the development of such a state-of-the-art alert and warning
system would affect the obligations imposed by the Commission's
rules that implement section 255 of the Act, which requires
telecommunications manufacturers and service providers to make
their products and services accessible to people with
disabilities? To what extent can revisions in the Commission's
closed captioning rules be made to enhance the dissemination of
emergency information? Commenters should comment on these and
other issues relevant to how can we take account of those with
disabilities as we develop a next generation EAS. Are there any
additional steps that the Commission can take to ensure that
people with disabilities are considered during the design process
of such a system? For example, should the Commission adopt
requirements that may be factored into the design process and, if
so, what type of requirements?
Multilingual EAS Messages. Sections 11.54(b)(7) and 11.55(c)(4)
of the Commission's rules provide that EAS announcements may be
made in the same language as the primary language of the
station.225 In the EAS NPRM, the Commission sought comment on
whether current methods of providing alerts and warnings to non-
English speaking persons are adequate and, if not, what
additional provisions are necessary and what costs would be
associated with implementing such provisions.226 On September
22, 2005, the Independent Spanish Broadcasters Association, the
Office of Communication of the United Church of Christ, Inc., and
the Minority Media and Telecommunications Council filed a
Petition for Immediate Relief with the Commission proposing
changes to the Commission's EAS rules to require stations to air
EAS messages in other languages in addition to English.227 We
seek comment on the issues raised in the petition and, for this
purpose, we incorporate the petition as well as the other
pleadings filed in response to the petition into the record of
this proceeding.228 For example, we seek comment on how this
proposal would be implemented. We also seek comment on any other
proposals regarding how to best alert non-English speakers.
Until we address these issues, we encourage that multilingual
emergency information be provided in areas where a significant
proportion of the population has its primary fluency in languages
other than English.
V. PROCEDURAL MATTERS
V.A. Ex Parte Presentations
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules.229
Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of
the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally
required.230 Other requirements pertaining to oral and written
presentations are set forth in section 1.1206(b) of the
Commission's rules.
V.B. Comment Filing Procedures
Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 C.F.R §§ 1.415, 1.419, interested parties may file comments
and reply comments on or before the dates indicated on the first
page of this document. All filings related to this Order and the
Further Notice of Proposed Rulemaking should refer to EB Docket
No. 04-296. Comments may be filed using: (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies.
See Electronic Filing of Documents in Rulemaking Proceedings, 63
FR 24121 (1998).
n Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS:
http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking
Portal: http://www.regulations.gov. Filers should follow
the instructions provided on the website for submitting
comments.
n For ECFS filers, if multiple docket or rulemaking
numbers appear in the caption of this proceeding,
filers must transmit one electronic copy of the
comments for each docket or rulemaking number
referenced in the caption. In completing the
transmittal screen, filers should include their full
name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may
also submit an electronic comment by Internet e-mail.
To get filing instructions, filers should send an e-
mail to ecfs@fcc.gov, and include the following words
in the body of the message, ``get form.'' A sample
form and directions will be sent in response.
n Paper Filers: Parties who choose to file by paper must file
an original and four copies of each filing. If more than
one docket or rulemaking number appears in the caption of
this proceeding, filers must submit two additional copies
for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight
U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings
must be addressed to the Commission's Secretary, Office of
the Secretary, Federal Communications Commission.
n The Commission's contractor will receive hand-delivered
or messenger-delivered paper filings for the
Commission's Secretary at 236 Massachusetts Avenue,
NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8:00 a.m. to 7:00 p.m. All
hand deliveries must be held together with rubber bands
or fasteners. Any envelopes must be disposed of before
entering the building.
n Commercial overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent to
9300 East Hampton Drive, Capitol Heights, MD 20743.
n U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW,
Washington DC 20554.
V.C. Accessible Formats
To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(TTY).
V.D. Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, see 5
U.S.C. § 604, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) of the possible significant economic
impact on small entities of the policies and rules addressed in
this document. The FRFA is set forth in Appendix D.
As required by the Regulatory Flexibility Act of 1980, see 5
U.S.C. § 603, the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic
impact on small entities of the policies and rules addressed in
this document. The IRFA is set forth in Appendix E. Written
public comments are requested on the IRFA. These comments must
be filed in accordance with the same filing deadlines as comments
filed in response to this Further Notice of Proposed Rulemaking
as set forth in paragraph 83, and have a separate and distinct
heading designating them as responses to the IRFA.
V.E. Paperwork Reduction Act Analysis
This First Report and Order contains new and modified information
collection requirements subject to the Paperwork Reduction Act of
1995 (PRA), Public Law 104-13. It will be submitted to the
Office of Management and Budget (OMB) for review under Section
3507(d) of the PRA. OMB, the general public, and other Federal
agencies are invited to comment on the new and modified
information collection requirements contained in this proceeding.
In addition, we note that pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. §
3506(c)(4), we 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, we have assessed the
effects of expanding the reach of EAS to cover DTV, DAB, digital
cable, DBS and SDARS providers, and find that this imposes
minimal regulation on small entities to the extent consistent
with our goal of advancing our public safety mission.
V.F. Congressional Review Act
The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability
Office pursuant to the Congressional Review Act (CRA), see 5
U.S.C. § 801(a)(1)(A).
VI. ORDERING CLAUSES
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 Report and Order in EB Docket No. 04-296 IS
ADOPTED, and that Part 11 of the Commission's Rules, 47 C.F.R.
Part 11, is amended as set forth in Appendix B. The Order shall
become effective 30 days after publication in the Federal
Register. The rules set forth in Appendix B 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
that new or modified information collection requirements
contained in Appendix B will not become effective prior to OMB
approval.
IT IS FURTHER 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 Further Notice of Proposed Rulemaking in EB Docket
No. 04-296 IS ADOPTED.
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 and Further Notice of
Proposed Rulemaking, including the Final Regulatory Flexibility
Analysis and the Initial Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
APPENDIX A
LIST OF COMMENTERS
Comments in EB Docket No. 04-296
Commenters
Abbreviation
Abbott, Adrienne
Abbott
Alaska Broadcasters Association and the State Emergency
Communications Committee ABA/ASECC
Alert Systems, Inc. Alert
Systems
Alpena, MI, City of
Alpena
American Cable Association
ACA
American Foundation for the Blind
AFB
American Teleservices Association
ATA
Ann Arbor, MI, City of
Ann Arbor
Association of Public Television Stations
APTS
Auburn and Northborough, Massachusetts, Towns of
Auburn-Northborough
Brookstone, Melissa and Jennifer
Brookstone
California Broadcasters Association
CBA
Capitol Broadcasting Company, Inc.
CBC
Carlsbad, CA, City of
Carlsbad
Cellular Emergency Alert Service Association
CEASA
Cellular Telecommunications & Internet Association
CTIA
Charleston County, SC
Charleston
Charter Communications, Inc.
Charter
Consumer Electronics Association
CEA
Contra Costa County Community Warning System
Contra Costa County
Corr Wireless Communications, LLC
Corr
Cox Broadcasting, Inc.
Cox
Croghan, Bill
Croghan
Deeds, Douglas Deeds
Developers ? Sage Alerting Systems ENDEC, Gerald LeBow and Harold
Price Developers
Digital Alert Systems, LLC
DAS
Dodds, Betty J.
Dodds
Elk Grove Village Elk
Grove
Entergy Nuclear Northeast, Michael J. Slobodien
Entergy
Estlack, Larry A.
Estlack
Fontana, CA, City of
Fontana
Georgetown University
Georgetown
Global Marketing Solutions, Inc.
Global
Harris Corporation
Harris
Hearst-Argyle Television, Inc.
Hearst-Argyle
Howard-Thurst, Paul
Howard-Thurst
Intergovernmental Advisory Committee (Jenny Hansen), FCC
IAC
Intrado, Inc.
Intrado
Iowa City, Iowa, City of
Iowa City
Jefferson Pilot Communications Company
Jefferson-Pilot
Liberty Corporation
Liberty
LogicaCMG plc
LogicaCMG
Lowell, Massachusetts, City of
Lowell
Maine State Emergency Communications Committee
Maine SECC
Marquette, MI, City of
Marquette
McDonough, Robert
McDonough
Midland Radio Corporation
Midland
Municipalities and Municipal Organizations
Municipalities
Named State Broadcasters Associations
Named SBA
National Association of Broadcasters
NAB
National Association of Broadcasters and Association for Maximum
Service TV, Inc. NAB/MSTV
National Association of Broadcasters/Florida Association of
Broadcasters NAB/FAB
National Association of State Chief Information Officers
NASCIO
National Cable & Telecommunications Association
NCTA
National Center for Missing & Exploited Children
NCMEC
New Hampshire SECC, Edward W. Brouder, Jr., Chairman,
NH SECC
Newell, Thomas A., Facilities Engineer
Newell
North Carolina Association of Broadcasters
NCAB
North Carolina State Emergency Communications Committee
NC SECC
Ohio Association of Broadcasters
OAS
Ohio Emergency Management Agency
Ohio EMA
Osenkowsky, Thomas G.
Osenkowsky
Pappas Telecasting Companies
Pappas
Partnership for Public Warning
PPW
Primary Entry Point Advisory Committee, Inc.
PEPAC
Putkovich, Kenneth
Putkovich
RadioShack Corporation
RadioShack
Rau, Dan Rau
Rehabilitation Engineering Research Center on Mobile Wireless
Technologies RERC Wireless
Rehabilitation Engineering Research Center on Telecommunications
Access RERC
Richards, Tristan, Chair, Maine SECC
Richards
Ruhwiedel, Henry
Ruhwiedel
Rural Cellular Association
RCA
Santa Clara County Emergency Managers Association
Santa Clara EMA
Satellite Broadcasting and Communications Association
SBCA
SatStream Systems Corp, Michael G. Lee
SatStream
Seven Ranges Radio Co., Inc.
Seven Ranges
Sheerin, Peter K.
Sheerin
Simar, Douglas S. Simar
Sirius Satellite Radio, Inc.
Sirius
Society of Broadcast Engineers, Inc.
SBE
Southeastern Michigan Counties and Municipalities (Neil J. Lehto)
SE Michigan Counties
Stewart, Dwight
Stewart
Stussy, D.
Stussy
SWN Communications, Inc. SWN
Telecommunications for the Deaf, Inc. et. al.
TDI
Telecommunications Industry Association
TIA
TFT, Inc. TFT
Timm, Gary E., Chair, Wisconsin SECC
Timm
Torrance, CA, City of
Torrance
Trilithic, Inc.
Trilithic
Verizon
Verizon
Walnut Creek, CA, City of
Walnut Creek
Ward, Dr. Peter L. Dr.
Ward
WTOP-AM, (WTOP-FM) and WXTR-AM
WTOP/WXTR
XM Radio Inc. XM
Yount, Steven Yount
Reply Commenters
Abbreviation
Alert Systems, Inc. Alert
Systems
American Cable Association
ACA
Ann Arbor, MI, City of
Ann Arbor
BellSouth Entertainment, LLC
BellSouth
Cadillac, MI, City of
Cadillac
Cellular Telecommunications and Internet Association
CTIA
Consumer Electronics Association
CEA
Cowan, Terry A. Cowan
Dubuque, Iowa, City of
Dubuque
``ec'', Comments of
``ec''
EchoStar Satellite, LLC
EchoStar
FEMA, Director, Office of Nat'l Security Coordination
FEMA
Hoffman Estates, Illinois, Village of
Hoffman Estates
LogicaCMG plc
LogicaCMG
Mesa, Arizona, City of
Mesa
Municipalities and Municipal Organizations
Municipalities
Named State Broadcasters Associations
Named SBA
National Cable & Telecommunications Association
NCTA
Orange County Local Emergency Communications Committee
Orange County LECC
Oregon State Communications Commission
Oregon SCC
Putkovich, Kenneth
Putkovich
RadioShack Corporation
RadioShack
Ruhwiedel, Henry
Ruhwiedel
Satellite Broadcasting and Communications Association
SBCA
Society of Broadcast Engineers, Inc.
SBE
Southeastern Michigan Counties & Municipalities
SE Michigan Counties
St. Tammany Parish St.
Tammany
TFT, Inc. TFT
T-Mobile USA, Inc. T-
Mobile
XM Radio Inc. XM
Ex Parte Commenters
Abbreviation
3G Americas 3G
Active Data Exchange, Inc.
Active Data
Advanced Television Systems
ATS
Alert Systems, Inc. Alert
Systems
American Cable Association
ACA
Azos AI, LLC Azos
Bautista, Greg
Bautista
Bekey, Ivan Bekey
Cellular Emergency Alert Systems Association
CEASA
Cellular Emergency Alert Systems Association International (Mark
Wood) CEASA International
Cellular Telecommunications & Internet Association
CTIA
Consumer Electronics Association
CEA
Consumers Union 10/20/05 ex parte filing Consumers Union
Cook, Katherine Cook
Digital Alert Systems, LLC
DAS
DIRECTV, Inc.
DIRECTV
FCC, Office of Homeland Security, regarding Digital Television
DTV ex parte
FCC, Office of Homeland Security, regarding DTH Satellite
Services Satellite DTH ex parte
Gehlhar, Mhairi
Gehlhar
Global Marketing Solutions, Inc.
Global
Hines, Kinsey Hines
Independent Spanish Broadcasters Association,
MMTC
Office of Communications of United Church of Christ, Inc., and
Minority Media and Telecommunications Council
INTELSAT INTELSAT
Kluttz, Andrew
Kluttz
Labanow, David J.
Labanow
LogicaCMG Global Telecoms
LogicaCMG
Luna, Hector Eden Luna
Named State Broadcasters Associations
Named SBA
National Association of Broadcasters
NAB
National Association of Telecommunications Officers and Advisors
NATOA
Nextel Communications, Inc.
Nextel
Nortel
Nortel
PanAmSat PanAmSat
RadioShack Corporation
RadioShack
Robbins, Bert
Robbins
Ruhwiedel, Henry
Ruhwiedel
Rural Cellular Association
RCA
Schacter, Janice
Schacter
SES American SES
American
Sirius Satellite Radio, Inc.
Sirius
Trilithic, Inc.
Trilithic
USA Mobility, Inc. USA
Mobility
Ward, Dr. Peter L. Dr.
Ward
Wiley Rein & Fielding, LLP
Wiley Rein
XM Radio Inc. XM
APPENDIX B
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 C.F.R. Part 11 as follows:
PART 11 - EMERGENCY ALERT SYSTEM (EAS)
1. The authority citation for Part 11 continues to read as
follows:
Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
2. 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 C.F.R.
§ 25.701(a) (including certain Ku-band Fixed-Satellite Service
Direct to Home providers); SDARS, as defined in 47 C.F.R.
§ 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 and in the following tables:
Analog and Digital Broadcast Stations
----------------------------------------------------------------------
------------------------------------------
EAS Equipment AM & FM Digital TV DTV FM
Class D\1\ LPTV \2\ LPFM \3\ Class A TV\4\
Requirement AM & FM
----------------------------------------------------------------------
------------------------------------------
Two-tone encoder \5\ \6\ Y Y 12/31/06 Y Y 12/31/06
N N N Y
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 Y
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 Y
----------------------------------------------------------------------
------------------------------------------
\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
---------------------------------
------------------------------------------
B. EAS Equipment Requirement
>=5,000 but < 10,000
>=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
\1\.
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.
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 >= 5,000 < 5,000
subscribers subscribers
----------------------------------------------------------------------
--
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 Y 10/1/02.......... N
all channels \3\.
Video interrupt and audio alert N.................. Y 10/1/02
message on all channels; \4\
Audio and Video EAS message on
at least one channel.
----------------------------------------------------------------------
--
\1\ The 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.
\2\ Wireless cable systems serving < 5,000 subscribers are permitted
to operate without an EAS encoder if they install an FCC-certified
decoder.
\3\ All 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.
\4\ The Video interrupt must cause all channels that carry programming
to flash for the duration of the EAS emergency message. The audio
alert must give the channel where the EAS messages are carried and
be
repeated for the duration of the EAS message.
Note: Programmed channels do not include channels used for the
transmission of data services such as Internet.
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 Y 12/31/06 Y
12/31/06
\1\.
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 Y 12/31/06 N
channels \4\
Video interrupt and audio alert N Y
12/31/06
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\ Digital 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.
\4\ All 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
----------------------------------------------------------------------
------------------------------------------
\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\ All 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, digital class D non-commercial educational
FM stations, analog LPFM stations as defined in §§ 73.811 and
73.853, digital LPFM stations, analog LPTV stations as defined
in § 74.701(f), and digital LPTV stations as defined in
§ 74.701(k) 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 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% 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) * * *
LLLLLLLLūThis 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 autho