Emergency Alert System

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[FO Docket No. 91-171, 91-301; FCC 98-33]

Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Second Further Notice of Proposed Rule Making seeks

comment regarding proposed rules that would prohibit cable systems from

overriding local broadcaster's emergency related programming with

voluntary state and/or local level Emergency Alert System (EAS)

messages. The Commission also seeks to insure that EAS rules will allow

members of the public to receive the most current and accurate

emergency information possible, whether the information is originated

by a cable operator, or an over the air broadcast station.

Cost information related to the purchase and installation of

selective channel override equipment at cable systems is requested.

Cable systems may need to install this equipment if rules requiring

local broadcasters emergency programming be uninterrupted by cable

systems EAS warnings are adopted. The Commission requests comment as to

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who should bear cost related to this additional switching equipment.

DATES: Comments due by April 20, 1998; Reply comments due by May 5,

1998.

ADDRESSES: To file formally in this proceeding, you must file an

original and four copies of all comments, reply comments, and

supporting comments. If you want each Commissioner to receive a

personal copy of your comments, you must file an original plus nine

copies. You should send comments and reply comments to the Office of

the Secretary, Federal Communications Commission, Washington, D.C.

20554. Formal and informal comments and reply comments will be

available for public inspection during regular business hours in the

FCC Reference Center of the Federal Communications Commission, Room

239, 1919 M Street, NW., Washington, D.C. 20554

FOR FURTHER INFORMATION CONTACT: EAS Staff, Compliance and Information

Bureau, (202) 418-1220.

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

Second Further Notice of Proposed Rule Making in FO Dockets 91-171/91-

301, adopted March 4, 1998, and released March 19, 1998.

The full text of this Second Further Notice of Proposed Rule Making

is available for inspection and copying during normal business hours in

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

Washington, D.C. 20554. The complete text may also be purchased from

the Commission's duplication contractor, International Transcription

Service, Inc., 1231 20th Street, NW, Washington, D.C. 20336; phone:

(202) 857-3800, facsimile: (202) 857-3805.

Synopsis of Second Further Notice of Proposed Rule Making

The FCC adopted a Second Further Notice of Proposed Rule Making

requesting comment regarding rules that would require cable systems to

prevent the interruption of local broadcast station emergency

programming when activating their EAS equipment during voluntary state

and/or local activations.

EAS replaced the Emergency Broadcast System (EBS), and uses 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.

In 1994, the Commission issued a Report and Order (59 FR 67090;

December 28, 1994) in this proceeding dealing largely with the

participation by broadcast stations in EAS, but also directing that

wired cable TV systems participate, and specifying the nature of this

participation. The Report and Order added a new Part 11 to the FCC's

rules containing EAS regulations. At the same time, the Commission

issued a Further Notice of Proposed Rule Making (FNPRM) (59 FR 67104;

December 28, 1994). The Second Report and Order (Second R&O) modified

the requirements in the Report and Order applying to cable systems and

addressed issues raised in the FNPRM. The Second R&O established dates

that phase cable systems into EAS participation. This phase in process

was done in order to ease the economic burden that EAS and related

equipment impose on cable systems that serve less than 5,000

subscribers.

The Second Further Notice of Proposed Rule Making seeks comment

regarding amending Commission rules to insure that the public has

access to the most accurate and relevant emergency information

available. Many broadcast television stations maintain independent news

and weather gathering facilities and personnel that may provide the

public with emergency information. Any state or local information

provided by these station resources may then be transmitted to the

public as part of the station's programming and is not required to be

sent via an EAS activation. The EAS rules require activations only in

the event of a national emergency or for testing purposes.

On December 31, 1998, cable systems are scheduled to begin

participation in EAS. Cable headend facilities, in many instances,

operate in an automated or unattended manner often without news or

weather department support. Commission rules currently require most

cable systems to place an aural and visual message on all channels

transmitting programming, including broadcast channels that are carried

on that system, when activating the EAS equipment. Cable systems

serving less than 5,000 subscribers per headend are required to place a

visual interruption on all channels in order to alert viewers of the

presence of an EAS alert on an information channel. This information

channel will transmit the audio and visual EAS message to the cable

viewers. The Commission has also established rules that allow cable

systems to enter into written agreements with broadcasters that relieve

the cable operator from providing EAS messages on the channels of the

cable system used to transmit broadcast stations.

The Commission, noting concerns raised by broadcasters, requests

comment regarding the rules regarding broadcast channel overrides. We

seek to determine if allowing the establishment of written agreements

will allow cable subscribers viewing broadcast stations efficient

access to emergency information. We also ask if the Commission should

establish specific guidelines that broadcast stations must comply with

in order to avoid channel overrides resulting from EAS messages sent by

a cable system. The Commission is also requesting cost information

related to the purchase and installation of selective override

equipment at cable facilities. Finally, the Commission requests comment

on which party should bear any additional cost of this equipment, the

broadcaster, the cable system or a combination of the two.

Paperwork Reduction Act of 1995

This Second Further Notice of Proposed Rule Making does not contain

either a proposed or modified information collection.

Regulatory Flexibility Analysis

As required by section 603 of the Regulatory Flexibility Act, the

Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the proposals

suggested in this document. Written public comments are requested on

the IRFA. We also seek comment on the number of entities affected by

the proposed rules that are small businesses, and request that

commenters identify whether they themselves are small businesses. These

comments must be filed in accordance with the same filing deadlines as

comments on the rest of the Second Further Notice of Proposed Rule

Making, but they must have a separate and distinct heading designating

them as responses to the Initial Regulatory Flexibility Analysis.

Legal Basis

The Second Further Notice of Proposed Rule Making is issued under

the authority contained in Sections 4(i), 4(j), 303(r), 624(g) and 706

(c) of the Communications Act of 1934, as amended, 47 U.S.C.

Secs. 154(i), 154(j), 303(b), 303(r), 544(g) and 706(c).

List of Subjects in 47 CFR Part 11

Emergency alert system.

[[Page 15808]]

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-8500 Filed 3-31-98; 8:45 am]

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