Emergency Broadcast/Alert System

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 11 and 73

[FO Docket Nos. 91-171/91-301; FCC 95-420]

Emergency Broadcast/Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Memorandum Opinion and Order addresses petitions for

reconsideration of the Federal Communications Commission's (FCC)

Emergency alert System rules (EAS). These rules were approved by the

FCC in 1994 to replace the Emergency Broadcast System (EBS). The

purpose of EAS is to improve emergency warnings and information using

broadcast stations and cable systems. The Memorandum Opinion and Order

makes some changes requested by the petitions and denies others, and

amends a number of the EAS rules.

EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT:

EAS Staff, Compliance and Information Bureau, (202) 418-1220.

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

Memorandum Opinion and Order in FO Dockets 91-171/91-301, adopted

October 4, 1995, and released October 23, 1995.

The full text of this Commission Memorandum Opinion 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 the Memorandam Opinion and

Order may also 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 Memorandum Opinion and Order

The Federal Communications Commission (FCC) adopted a Memorandum

Opinion and Order addressing petitions for reconsideration of its

Emergency Alert System (EAS) rules. 47 CFR part 11. These rules were

approved by the Commission on November 10, 1994, in a Report and Order

which replaced the Emergency Broadcast System (EBS) with EAS. 59 FR

67090 (Dec. 28, 1994). The purpose of EAS is to use various

communications technologies, such as broadcast stations and cable

systems, to alert the public regarding national, state and local

emergencies. EAS, compared to EBS, includes more sources capable of

alerting the public and specifies new equipment standards and

procedures to improve alerting capabilities.

Petitions for reconsideration were submitted by Data Broadcasting

Corporation, Sage Alerting Systems, Inc., Federal Signal Corporation,

Delco Electronics Corporation, and the national Association of

Broadcasters. Also received were comments, oppositions to the petitions

for reconsideration, and replies to the oppositions.

The petition for reconsideration raised three major issues. The

first involved the Radio Broadcast Data System (RBDS). RBDS may be used

to send emergency warnings on the subcarrier of FM broadcast stations.

The Commission in its 1994 EAS Report and Order encouraged the use of

RBDS, but did not require it. Several petitions for reconsideration

requested that the FCC adopt rules specifying technical standards for

RBDS. The Commission in its Memorandum Opinion and Order declined to

establish standards since the use of RBDS is voluntary and mandated

standards would impede technological advances and innovation.

[[Page 55997]]

The second major issue concerned the present EAS requirement that

cable systems provide video interruption and an audio EAS message on

all channels. The National Association of Broadcasters claimed in its

petition for reconsideration that this violated the Copyright Act and

the Commission's ``must carry'' rules since they prohibit cable systems

from altering broadcast programming retransmitted on their systems. The

Commission responded that there was no conflict, and the EAS

requirement was permissible. The Commission further pointed out that

the Cable TV Act of 1992 requires cable systems to provide emergency

information.

The National Association of Broadcasters also requested that the

Commission postpone its deadline for broadcasters to install EAS

equipment from July 1, 1996, to July 1, 1997. The Commission agreed to

delay implementation until January 1, 1997.

The petitions for reconsideration and related comments also

requested a number of minor changes and clarifications in the EAS

rules. The Commission agreed to many, but not all, of the requested

changes. The rules that were changed in Part 11 (47 CFR Part 11) of the

FCC's rules are as follows:

--Section 11.33(a)(9). To avoid dead air during automated operation,

EAS decoders, after receive in an EAS header code, are required to

reset automatically if an End of Message (EOM) code is not received.

Reset time may not be less than two minutes.

--Section 11.33(a)(5). Clarifies the requirement that EAS decoders are

required to have a distinct and separate aural or visible means to

indicate when one of three listed conditions occurs such as the receipt

of a valid EAS header code.

--Section 11.34(c). Specifies that the required FCC equipment

authorization for combined EAS encoder/decoder devices is certification

instead of notification.

--Sections 11.51(1) (redesignated as Section 11.51(j) in the

amendments) and 11.52(e) are clarified, but not amended, by the

Memorandum Opinion and Order to reflect that EAS encoders and decoders

must be preprogrammed to transmit and accept eight event/originator

codes automatically with any possible combination of location codes

that are pertinent to the receiving station's coverage area or cable

system's community.

The mandatory event codes are EAN (Emergency Action Notification),

EAT (Emergency Action Termination), RMT (Required Monthly Test) and RWT

(Required Weekly Test). The mandatory originator codes are EAN

(Emergency Action Notification Network) and CIV (Civil Authorities) for

EAN and EAT event codes, and EAS (Broadcast Station or Cable System)

and CIV for the RMT and RWT event codes.

--Section 11.11. A note is added to this Section to make it clear that

FM translators are not required to have EAS equipment.

--Section 11.21. Because of concern that state and local officials

might misuse EAS, Section 11.21 of the rules is clarified so that only

procedures in state and local plans will be followed in EAS, and these

plans must be approved by the FCC's Compliance and Information Bureau.

The FCC will monitor the operation of EAS and publish a report before

July, 1 1998.

In addition, the FCC agreed to discuss with the Federal Emergency

Management Agency (FEMA) the possibility of financial assistance to

participants in implementing EAS.

The Commission declined to make several other requested rule

changes. The Commission, though, on its own made some minor revisions

and clarifications of its rules.

The amended rules become effective December 6, 1995. Furthermore,

the Commission will begin to accept applications from manufacturers of

EAS devices for FCC equipment authorization, namely, certification,

fourteen days after the amended EAS rules are released.

Rule Clarifications

The Commission has received numerous informal questions and

requests for clarification or correction of the rules. We will provide

interpretations and clarifications to the extent that the issues raised

do not go beyond the scope of the Report and Order or make substantive

changes to the decisions embodied in the Report and Order:

--Section 0.311(g) states that the zip code is 20054. This is amended

to be 20554.

--Section 11.11(b) states class D non-commercial FM and LPTV stations

are not required to comply with Section 11.32. This is amended to state

that they are not required to have or operate encoders which are

defined in Section 11.32.

--Section 11.31(a)(1) states that EAS characters are seven-bit ASCII.

This is amended to state that an eighth null bit is included for

transmission of a full eight-bit byte.

--Section 11.31(b) states that call signs that use a dash must instead

use a backslash in the EAS header code. This is amended to specify that

ASCII character 47 is the proper character for the backlash.

--Section 11.31(c) gives an example of the EAS protocol that has a

minor typographical error as printed in the Federal Register. This is

corrected to replace a ``+'' sign with a ``-'' sign.

--Section 11.33(a)(3)(i) states that decoders must provide a means to

record and store at least two minutes of audio or text messages. This

is clarified to state that the audio or text storage can be internal or

external to the decoder device. If no internal means for recording and

storing is manufactured internal to the decoder, then some means to

couple to an external device, such as an audio or digital jack

connection, must be supplied on the decoder.

--Section 11.33(a)(3)(ii) states that decoders must provide a means to

store a minimum of 10 preselected header codes. We clarify this rule to

specify that the decoder must store ten preselected event and

originator code combinations in addition to the eight mandatory code

combinations of tests and national activations. Also, we specify that

the decoder must store location codes pertaining to the broadcast

station coverage areas or the cable system's community in addition to

event and originator codes.

--Section 11.33(a)(11) states that header codes with an EAN Event code

that is received by the two decoder audio inputs must be able to

override all other EAS messages. This is amended to state that EAN

Event codes received by any of the decoder audio inputs must override

all other EAS messages, as it is possible that manufacturers may create

decoders with more than two audio inputs.

--Section 11.33(b)(2) states that the tolerance of the two-tone

frequencies in the decoder are 0.5 Hz above or below nominal. This is

corrected to state the tolerance is 5 Hz.

--Section 11.51(b) states that broadcast stations may transmit only the

EAS header and end-of-messages codes without the Attention Signal. This

is amended by adding a sentence stating that no Attention Signal is

warranted if the EAS message does not contain audio programming, such

as a Required Weekly Test.

--Section 73.1250(h) refers to Section 11.51 of the EAS rules. This is

amended to the more specific reference, Section 11.51(b).

[[Page 55998]]

Legal Basis

The Memorandum Opinion and Order is issued under the authority

contained in Sections 1, 4 (i) and (o), 303(r), 624(g), and 706 of the

Communications Act of 1934, as amended. 47 U.S.C. Sections 151, 154 (i)

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

List of Subjects

47 CFR Part 0

Delegation of authority, Organization and functions (Government

agencies).

47 CFR Part 11

Emergency Alert System.

47 CFR Part 73

Radio broadcasting, Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Amendments

Parts 0, 11, and 73 of Chapter I of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

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

Authority: Secs. 5, 48 Stat. 1068, as amended, 47 U.S.C. 155.

2. Section 0.311 is amended by revising paragraph (g) to read as

follows:

Sec. 0.311 Authority delegated.

* * * * *

(g) The Chief, Compliance and Information Bureau is delegated

authority to grant waivers of the requirements of Part 11 of this

chapter to participants required to install, operate or test Emergency

Alert System (EAS) equipment. The Chief, Compliance and Information

Bureau is further authorized to delegate this authority. Waiver

requests must made in writing and forwarded to the FCC's EAS office

1919 M Street NW., Washington, DC 20554. Such requests must state the

reason why the waiver is necessary and provide sufficient information

such as, statements of fact regarding the financial status of the

broadcast station, the number of other broadcast stations providing

coverage in its service area or the likelihood of hazardous risks to

justify a grant of the waiver.

* * * * *

PART 11--EMERGENCY ALERT SYSTEM (EAS)

3. 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.

4. Section 11.11 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 11.11 The Emergency Alert System (EAS).

(a) The EAS is composed of broadcast networks; cable networks and

program suppliers; AM, FM and TV broadcast stations; Low Power TV

(LPTV) stations; cable systems; and other entities and industries

operating on an organized basis during emergencies at the National,

State, or local levels. It requires that at a minimum all participants

use a common EAS protocol, as defined in Sec. 11.31, to send and

receive emergency alerts in accordance with the effective dates in the

following tables:

Timetable.--Broadcast Stations

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Requirement Until 7/1/95 7/1/95 1/1/97 1/1/98

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Two-tone/encoder timing............. 20-25 seconds.............. 8-25 seconds............... 8-25 seconds............... 8-25 seconds.\1\

Two-tone decode timing.............. 8-16 seconds required...... All decoders at 3-4 seconds 3-4 seconds................ Two-tone decoder no longer

3-4 seconds optional....... used.

Digital decoder and encoder......... Use is optional............ Use is optional............ Use is required............ Use is required.

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Cable Systems

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Requirement Until 7/1/97 7/1/97 \2\

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Two-tone signal from storage Use is optional, 8- Use is required, 8-

device.\1\. 25 seconds. 25 seconds.

Digital decoder and encoder. Use is optional..... Use is required.\2\

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\1\ Two-tone singal used only to provide audio alert to audience before

EAS emergency messages and required monthly test.

\2\ On this date, subject cable systems shall provide: (1) a video

message on all channels or other alerting techniques to hearing

impaired and deaf subscribers, (2) an audio message and video

interruption on all channels, and (3) a video message on at least one

channel to all subscribers.

Note: Class D FM and low power TV stations are not required to have two-

tone or digital encoders. LPTV stations that operate as television

broadcast translator stations are exempt from the requirement to have

EAS equipment. FM translator stations are exempt from the requirement

to have EAS equipment.

EAS Timetable and Requirements Broadcast Stations

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Requirement AM FM FM Class D TV LPTV \1\

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Two-tone decoder (until 1/1/98)... Y Y Y Y Y

Two-tone encoder.................. Y Y N Y N

Digital decoder (1/1/97).......... Y Y Y Y Y

Digital encoder (1/1/97).......... Y Y N Y N

Audio message (1/1/97)............ ...................... Y Y Y YY

Video message (1/1/97)............ ...................... ...................... ...................... ..................... YY

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[[Page 55999]]

Cable Systems

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Requirement

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Two-tone decoder........................... N

Two-tone encoder........................... N

Digital decoder (7/1/97)................... Y

Digital encoder (7/1/97)................... Y

Audio message on all channels (7/1/97)..... Y \2\

Video interruption on all channels, video Y \3\

message on one channel (7/1/97).

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\1\ LPTV stations that operate as television broadcast translator

stations are exempt from the requirement to have EAS equipment.

\2\ Shall transmit two-tone signal, but it may be from a storage device.

\3\ Shall provide video on all channels or other alerting techniques to

certified hearing impaired and deaf subscribers.

(b) Class D non-commercial educational FM stations as defined in

Sec. 73.506 of this chapter and LPTV stations as defined in

Sec. 74.701(f) of this chapter are not required to have or operate EAS

encoders as defined in Sec. 11.32. LPTV stations that operate as

television broadcast translator stations, as defined in Sec. 74.701(b)

of this chapter are not required to comply with the requirements of

this part. FM broadcast booster stations as defined in Sec. 74.1201(f)

of this chapter and FM translator stations as defined in

Sec. 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.

* * * * *

5. Section 11.12 is revised to read as follows:

Sec. 11.12 Two-tone Attention Signal encoder and decoder.

Existing two-tone Attention Signal encoder and decoder equipment

type accepted for use as Emergency Broadcast System equipment under

Part 73 of this chapter may be used by broadcast stations until January

1, 1998, provided that such equipment meets the requirements of

Sec. 11.32(a)(9) and 11.33(b). Effective January 1, 1998, the two-tone

Attention Signal decoder will no longer be required and the two-tone

Attention Signal will be used to provide an audio alert.

6. Section 11.21 is amended by revising the introductory text to

read as follows:

Sec. 11.21 State and Local Area Plans and FCC Mapbook.

EAS plans contain guidelines which must be followed by broadcast

personnel, emergency officials and NWS personnel to activate the EAS.

The plans include the EAS header code and messages that will be

transmitted by key EAS sources (NP, LP, SP, and SR). State and local

plans may contain unique methods of EAS message distribution such as

the use of RBDS. The plans must be reviewed and approved by the Chief,

Compliance and Information Bureau prior to implementation to ensure

that they are consistent with national plans, FCC regulations, and EAS

operation.

* * * * *

7. Section 11.31 is amended by revising paragraphs (a)(1), (b) and

(c) to read as follows:

Sec. 11.31 EAS protocol.

(a) * * *

(1) The Preamble and EAS Codes must use Audio Frequency Shift

Keying at a rate of 520.83 bits per second to transmit the codes. Mark

frequency is 2083.3 Hz and space frequency is 1562.5 Hz. Mark and space

time must be 1.92 milliseconds. Characters are ASCII seven bit

characters as defined in ANSI X3.4-1977 ending with an eighth null bit

(either 0 or 1) to constitute a full eight-bit byte.

* * * * *

(b) The ASCII dash and plus symbols are required and may not be

used for any other purpose. Unused characters must be ASCII space

characters. FM or TV call signs must use a backslash ASCII character

number 47 (/) in lieu of a dash.

(c) The EAS protocol, including any codes, must not be amended,

extended or abridged without FCC authorization. The EAS protocol and

message format are specified in the following representation. Examples

are also provided in the EAS Operating Handbook.

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[PREAMBLE] ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL- (one second

pause)

[PREAMBLE] ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL- (one second

pause)

[PREAMBLE] ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL- (at least a one

second pause)

(transmission of 8 to 25 seconds of Attention Signal)

(transmission of audio, video or text messages)

(at least a one second pause)

[PREAMBLE] NNNN

(one second pause)

[PREAMBLE] NNNN

(one second pause)

[PREAMBLE] NNNN

(at least one second pause)

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* * * * *

8. Section 11.33 is amended by revising paragraphs (a)(3)(i),

(a)(3)(ii), (a)(5) introductory text, (a)(5)(ii), (a)(9), (a)(11) and

paragraph (b)(2) to read as follows:

Sec. 11.33 EAS Decoder.

(a) * * *

(3) * * *

(i) Record and store, either internally or externally, at least two

minutes of audio or text messages. A decoder manufactured without an

internal means to record and store audio or text must be equipped with

a means (such as an audio or digital jack connection) to couple to an

external recording and storing device.

(ii) Store at least 10 preselected event and originator header

codes, in addition to the eight mandatory event/originator codes for

tests and national activations, and store any preselected location

codes for comparison with incoming header codes. A non-preselected

header code that is manually transmitted must be stored for comparison

with later incoming header codes. The header codes of the last ten

received valid messages which still have valid time periods must be

stored for comparison with the incoming valid header codes of later

messages. These last received header codes will be deleted from storage

as their valid time periods expire.

* * * * *

(5) Indicators. EAS decoders must have a distinct and separate

aural or visible means to indicate when any of the following conditions

occurs:

(i) * * *

(ii) Preprogrammed header codes, such as those selected in

accordance with Sec. 11.52(d)(2) are received.

* * * * *

(9) Reset. There shall be a method to automatically or manually

reset the decoder to the normal monitoring condition. Operators shall

be able to select a time interval, not less than two minutes, in which

the decoder would automatically reset if it received an EAS header code

but not an end-of-message (EOM) code. Messages received with the EAN

Event codes shall disable the reset function so that lengthy audio

messages can be handled. The last message received with valid header

codes shall be displayed as required by paragraph (a)(4) of this

section before the decoder is reset.

* * * * *

(11) A header code with the EAN Event code specified in

Sec. 11.31(c) that is received through any of the audio inputs must

override all other messages.

(b) * * *

[[Page 56000]]

(2) Operation Bandwidth. The decoder circuitry shall not respond to

tones which vary more than 5 Hz from each of the

frequencies, 853 Hz and 960 Hz.

* * * * *

9. Section 11.34 is amended by revising paragraph (c) to read as

follows:

Sec. 11.34 Acceptability of the equipment.

* * * * *

(c) The functions of the EAS decoder, Attention Signal generator

and receiver, and the EAS encoder specified in Secs. 11.31, 11.32 and

11.33 may be combined and Certified as a single unit provided that the

unit complies with all specifications in this rule section.

* * * * *

10. A new Section 11.47 is added to read as follows:

Sec. 11.47 Optional use of other communications methods and systems.

(a) Broadcast stations may additionally transmit EAS messages

through other communications means than the main audio channel. For

example, on a voluntary basis, FM stations may use subcarriers to

transmit the EAS codes including 57 kHz using the RBDS standard

produced by the National Radio Systems Committee (NRSC) and television

stations may use subsidiary communications services.

(b) Other technologies and public service providers, such as DBS,

low earth orbiting satellites, etc., that wish to participate in the

EAS may contact the FCC's EAS office or their State Emergency

Communication Committee for information and guidance.

* * * * *

11. Section 11.51 is amended by revising the third sentence of

paragraph (a), adding a new sentence at the end of paragraph (b),

revising paragraph (c), removing paragraphs (f) and (i), and

redesignating the remaining paragraphs in alphabetical order to read as

follows:

Sec. 11.51 EAS code and Attention Signal Transmission requirements.

(a) * * * After January 1, 1998, the shortened Attention Signal may

only be used as an audio alert signal and the EAS codes will become the

minimum signalling requirement for National level messages and tests.

(b) * * * No Attention Signal is warranted for EAS messages that do

not contain audio programming, such as a Required Weekly Test.

(c) Effective January 1, 1997, all radio and television stations

shall transmit EAS messages in the main audio channel.

* * * * *

12. Section 11.52 is amended by revising paragraph (a) to read as

follows:

Sec. 11.52 EAS code and Attention Signal Monitoring requirements.

(a) Before January 1, 1998, broadcast stations must be capable to

receiving the Attention Signal required by Sec. 11.32(a)(9) and

emergency messages of other broadcast stations during their hours of

operation. Effective January 1, 1997, all broadcast stations must

install and operate during their hours of operation, equipment capable

of receiving and decoding, either automatically or manually, the EAS

header codes, emergency messages and EOM code. The effective date for

subject cable systems is July 1, 1997.

Note to paragraph (a). After January 1, 1998, the two-tone

Attention Signal will not be used to actuate two-tone decoders but

will be used as an aural alert signal.

* * * * *

13. Section 11.61 is amended by revising paragraphs (a)(1)(i),

(a)(2)(i), and (a)(2)(ii)(A) to read as follows:

Sec. 11.61 Tests of EAS procedures.

(a) * * *

(1) * * *

(i) Effective January 1, 1997, AM, FM and TV stations.

* * * * *

(2) * * *

(i) Attention Signal. Until January 1, 1997, broadcast stations

must conduct tests of the Attention Signal and Test Script at least

once a week at random days and times between 8:30 a.m. and local

sunset. Class D non-commercial educational FM and LPTV stations do not

need to transmit the Attention Signal. Script content can be in the

primary language of the station.

(ii) * * *

(A) Effective January 1, 1997, AM, FM and TV stations must conduct

tests of the EAS header and EOM codes at least once a week at random

days and times.

* * * * *

PART 73--BROADCAST RADIO SERVICES

14. The authority citation for Part 73 continues to read as

follows:

Authority: 47 U.S.C. 154, 303, 334.

15. Section 73.900 is amended by revising the third sentence to

read as follows:

Sec. 73.900 Cross references.

* * * Equipment type accepted for EBS use under the old Subpart G

rules may continue to be used at broadcast stations until January 1,

1998, provided that it meets all applicable requirements of Part 11 of

this chapter.

* * * * *

16. Section 73.1250 is amended by revising the last sentence of

paragraph (h) to read as follows:

Sec. 73.1250 Broadcasting emergency information.

* * * * *

(h) * * * However, when an emergency operation is being conducted

under a national, State or Local Area Emergency Alert System (EAS)

plan, emergency information shall be transmitted both aurally and

visually unless only the EAS codes are transmitted as specified in

Sec. 11.51(b) of this chapter.

[FR Doc. 95-27201 Filed 11-3-95; 8:45 am]

BILLING CODE 6712-01-M