Emergency Broadcast System

SUMMARY: This Further Notice of Proposed Rulemaking seeks additional

information regarding certain aspects of the new Emergency Alert System

(EAS). In the same document that the Commission issued this Notice, it

issued a Report and Order which created EAS to replace the Emergency

Broadcast System (EBS) as a means of using communication facilities to

alert the public of emergencies. EAS requires cable TV systems in

addition to broadcast stations to participate, and encourages the

voluntary participation in EAS by satellite carriers, Direct Broadcast

Satellite vendors, and public service providers. It also establishes

new technical standards and operational procedures. This Notice ask for

comments related to whether the Multipoint Distribution Service (MDS),

Satellite Master Antenna TV (SMATV) systems, and Video Dial Tone should

also be required to participate in EAS. Comments are also sought on

several cable issues such as whether a defined class of small cable

systems should be exempted from participation in EAS, and how the

Commission should define small cable systems.

DATES: Comments are due on or before February 22, 1995. Reply comments

are due on or before March 24, 1995.

ADDRESSES: Comments should be sent to the Office of the Secretary,

Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:Dr. Helena Mitchell, Compliance and

Information Bureau, (202) 418-1220.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Further Notice of Proposed Rulemaking in FO Docket 91-171/91-301,

adopted November 10, 1994, and released December 9, 1994.

The full text of the Commission's Further Notice of Proposed

Rulemaking, which is in the same document as a Report and Order, is

available for inspection and copying during normal business hours in

the FCC's Public Reference Center (Room 239), 1919 M Street, NW.,

Washington, DC 20554. The complete text of this Notice also may be

purchased from the Commission's duplication contractor, International

Transcription Services, Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, (202) 857-3800.

Synopsis of Further Notice of Proposed Rulemaking

The Commission issued a Further Notice of Proposed Rulemaking

(Notice) seeking additional information on certain aspects of the

Emergency Alert System (EAS). In the same document that the Commission

issued the Notice, it issued a Report and Order which created the

Emergency Alert System to replace the Emergency Broadcast System (EBS)

as a means of using communication facilities to alert the public of

emergencies. In the Report and Order, the Commission created a new Part

11 of its rules to regulate the Emergency Alert System. 47 CFR Part 11.

The Commission in its Notice requested comments on whether the

Multipoint Distribution Service (MDS), Satellite Master Antenna TV

(SMATV) systems and Video Dial Tone should be required to participate

in the Emergency Alert System.

The Commission also asked for comments concerning whether small

cable systems should be exempted from participation in EAS and how

small cable systems should be defined. One option would be to use the

Small Business Administration's (SBA) definition which defines a small

cable system as one with less than $11 million in gross revenues.

Another option would be to define a small system based on the number of

its subscribers such as no more than 5,000 or 1,000 subscribers, or a

combination of these criteria. The Commission also asked for comments

on whether it should exempt all cable systems meeting certain size

criteria or grant waivers on a case-by-case basis instead. Comments

were also requested on the costs and benefits of participation by small

cable systems in EAS. The Commission, moreover, asked whether there are

alternative sources of emergency information available to small cable

system subscribers, and whether the Commission should take this into

consideration in any waiver policy.

With regard to all cable systems, the Commission requested comments

whether its Emergency Alert System rules can coexist with local

regulations governing transmission of emergency communications by cable

systems, and whether the Commission should preempt the regulation of

emergency communications by cable systems.

The Commission, furthermore, proposed to require Multipoint

Distribution Service (MDS) providers to have an EAS decoder, and to

provide during an alert (1) an all channel audio message override; (2)

momentary video interrupt on all channels; (3) at least one video

message override channel; and (4) either all channel override or an

alternative means of providing emergency information to hearing

impaired subscribers. In addition, the Commission asked for comments on

the appropriate role for MDS providers in EAS; how MDS participation

should be structured; the costs and benefits of MDS participation in

EAS; whether any MDS systems, such as smaller systems, should be

exempted; and if they are required to provide EAS, the timetable for

MDS participation.

For Satellite Master Antenna TV (SMATV) systems, the Commission

requested comments regarding whether their participation in EAS should

be mandatory or voluntary, and on the costs and benefits of their

participation. In addition, comments were requested concerning a

timetable for participation if SMATV systems are required to provide

EAS.

The Commission also sought comments on whether Video Dial Tone

should be subject to EAS requirements, and, if so, whether these

requirements should be similar to those the Commission mandated for

cable systems. In discussing the application of EAS to Video Dial Tone,

comments were requested regarding the similarities and differences

between Video Dial Tone and cable systems.

Initial Regulatory Flexibility Analysis

The Regulatory Flexibility Act of 1980 applies to this proceeding.

5 U.S.C. Section 603. If small cable systems, MDS, SMATV and Video Dial

Tone are required to participate in EAS, they would have to make an

initial capital investment that could be substantial for some systems.

They would also be required to keep certain records.

Legal Basis

This Further Notice of Proposed Rulemaking is issued in accordance

with Sections 1, 4(i) and (o), 303(r) and 624(g) of the Communications

Act of 1934, as amended. 47 U.S.C. Sections 151, 154(i) and (o), 303(r)

and 544(g).

Comment Provision

In response to this Further Notice of Proposed Rulemaking,

interested parties may file comments on or before February 22, and

reply comments may be submitted on or before March 24, 1995. To file

formally in this proceeding, Docket 91-171/91-301, an original and six

copies of all comments must be submitted. If each Commissioner is to

receive a personal copy of comments, an original plus eleven copies

must be filed. All comments should be sent to the Office of the

Secretary, Federal Communications Commission, Washington, DC 20554. All

comments will be available for public inspection during regular

business hours at the FCC's Reference Center (Room 239), 1919 M Street,

NW., Washington, DC 20554.

Ex Parte Rules

This is a non-restricted notice and comment rulemaking proceeding.

Ex parte presentations are permitted, except during the Sunshine Agenda

period, provided they are disclosed as provided in Commission rules.

See generally 47 C.F.R. Sections 1.1202, 1.1203 and 1.1206(a).

List of Subjects

47 CFR Part 11

Emergency alert system.

47 CFR Part 21

Multipoint distribution service, Television.

47 CFR Part 63

Telephone.

47 CFR Part 76

Cable television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-31318 Filed 12-27-94; 8:45 am]

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