sign in sign up
<<
Home , Broadcast range, Header (computing)

Federal Communications Commission § 11.2

part 10 that include a vibration ca- Subpart D—Emergency Operations dence capability that meets the re- quirements of this section. 11.51 EAS code and Attention Signal Trans- mission requirements. (a) The vibration cadence must have 11.52 EAS code and Attention Signal Moni- a temporal pattern of one long vibra- toring requirements. tion of two (2) seconds, followed by two 11.53 Dissemination of Emergency Action short vibrations of one (1) second each, Notification. with a half (0.5) second interval be- 11.54 EAS operation during a National tween each vibration. The entire se- Level emergency. quence must be repeated twice with a 11.55 EAS operation during a State or Local half (0.5) second interval between each Area emergency. repetition. 11.56 EAS Participants receive CAP-for- matted alerts. (b) The vibration cadence must be re- stricted to use for Alert Messages Subpart E—Tests under part 10. (c) A device may include the capa- 11.61 Tests of EAS procedures. bility to mute the vibration cadence. AUTHORITY: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 606. § 10.540 Attestation requirement. [Re- served] SOURCE: 59 FR 67092, Dec. 28, 1994, unless otherwise noted. PART 11— (EAS) Subpart A—General § 11.1 Purpose. Subpart A—General This part contains rules and regula- Sec. tions providing for an Emergency Alert 11.1 Purpose. System (EAS). The EAS provides the 11.2 Definitions. 11.11 The Emergency Alert System (EAS). President with the capability to pro- 11.12 Two-tone Attention Signal encoder vide immediate communications and and decoder. information to the general public at 11.13 Emergency Action Notification (EAN) the National, State and Local Area lev- and Emergency Action Termination els during periods of national emer- (EAT). gency. The rules in this part describe 11.14 Primary Entry Point (PEP) System. the required technical standards and 11.15 EAS Operating Handbook. 11.16 National Control Point Procedures. operational procedures of the EAS for 11.18 EAS Designations. analog AM, FM, and TV broadcast sta- 11.19 EAS Non-participating National Au- tions, digital broadcast stations, ana- thorization Letter. log cable systems, digital cable sys- 11.20 State Relay Network. tems, wireline video systems, 11.21 State and Local Area plans and FCC cable systems, Direct Broadcast Sat- Mapbook. ellite (DBS) services, Satellite Digital Subpart B—Equipment Requirements Audio Service (SDARS), and other participating entities. The EAS 11.31 EAS protocol. may be used to provide the heads of 11.32 EAS Encoder. State and local government, or their 11.33 EAS Decoder. designated representatives, with a 11.34 Acceptability of the equipment. 11.35 Equipment operational readiness. means of emergency communication with the public in their State or Local Subpart C—Organization Area. 11.41 Participation in EAS. [72 FR 62132, Nov. 2, 2007] 11.42 Participation by communications common carriers. § 11.2 Definitions. 11.43 National level participation. The definitions of terms used in part 11.44 EAS message priorities. 11 are: 11.45 Prohibition of false or deceptive EAS transmissions. (a) Primary Entry Point (PEP) System. 11.46 EAS public service announcements. The PEP system is a nationwide net- 11.47 Optional use of other communications work of broadcast stations and other methods and systems. entities connected with government

717

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00727 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.11 47 CFR Ch. I (10–1–09 Edition)

activation points. It is used to dis- § 11.11 The Emergency Alert System tribute the EAN, EAT, and EAS na- (EAS). tional test messages and other EAS (a) The EAS is composed of analog messages. FEMA has designated 34 of radio broadcast stations including AM, the nation’s largest radio broadcast FM, and Low-power FM (LPFM) sta- stations as PEPs. The PEPs are des- tions; digital audio (DAB) ignated to receive the Presidential stations, including digital AM, FM, and alert from FEMA and distribute it to Low-power FM stations; analog tele- local stations. vision broadcast stations including (b) Local Primary One (LP–1). The LP– Class A (CA) and Low-power 1 is a radio station that acts as a key TV (LPTV) stations; EAS monitoring source. Each LP–1 sta- (DTV) broadcast stations, including tion must monitor its regional PEP digital CA and digital LPTV stations; station and a back-up source for Presi- analog cable systems; digital cable sys- dential messages. tems which are defined for purposes of (c) EAS Participants. Entities required this part only as the portion of a cable under the Commission’s rules to com- system that delivers channels in dig- ital format to subscribers at the input ply with EAS rules, e.g., analog radio of a Unidirectional Digital Cable Prod- and television stations, and wired and uct or other navigation device; wireline wireless cable television systems, DBS, video systems; wireless cable systems DTV, SDARS, digital cable and DAB, which may consist of Broadband Radio and wireline video systems. Service (BRS), or Educational (d) Wireline Video System. The system Broadband Service (EBS) stations; DBS of a wireline common carrier used to services, as defined in 47 CFR 25.701(a) provide video programming service. (including certain Ku-band Fixed-Sat- (e) Participating National (PN). PN ellite Service Direct to Home pro- stations are broadcast stations that viders); SDARS, as defined in 47 CFR transmit EAS National, state, or local 25.201; participating broadcast net- EAS messages to the public. works, cable networks and program (f) National Primary (NP). Stations suppliers; and other entities and indus- that are the primary entry point for tries operating on an organized basis Presidential messages delivered by during emergencies at the National, FEMA. These stations are responsible State and local levels. These entities for broadcasting a Presidential alert to are referred to collectively as EAS Par- the public and to State Primary sta- ticipants in this part, and are subject tions within their broadcast range. to this part, except as otherwise pro- (g) State Primary (SP). Stations that vided herein. At a minimum EAS Par- are the entry point for State messages, ticipants must use a common EAS pro- which can originate from the Governor tocol, as defined in § 11.31, to send and receive emergency alerts in accordance or a designated representative. with the effective dates listed above [72 FR 62132, Nov. 2, 2007] and in the following tables:

718

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00728 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.11

3 LPFM 2 LPTV 1 ges and the required monthly tests. ffective December 31, 2006, digital LPTV stations

a public notice indicating that at least one decoder has been certified by TATIONS S ROADCAST B Federal Register TV DTV FM class D IGITAL D & FM NALOG AND A Digital AM

4 TV Y 12/31/06 Y Y 12/31/06 N Y 12/31/06 Y Y 12/31/06 Y class A 6 ...... Y 5 Effective December 31, 2006, digital FM Class D stations have the same requirements. LPTV stations that operate as television broadcast translator are exempt from the requirement to have EAS equipment. E LPFM stations must install a decoder within one year after the FCC publishes in Effective December 31, 2006, digital Class A TV stations have the same requirements. Effective July 1, 1995, the two-tone signal must be 8–25 seconds. Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts audiences before EAS emergency messa EAS equipment requirement AM & FM 1 2 3 4 5 6 Two-tone encoder EAS decoder ...... EAS encoder Y 1/1/97 ...... Audio message Y 1/1/97 ...... Y 12/31/06 Video message Y 1/1/97 ...... Y 1/1/97 Y 12/31/06 N/A Y 1/1/97 Y 12/31/06 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y 12/31/06 N Y 12/31/06 Y 1/1/97 N/A Y 1/1/97 Y Y 1/1/97 Y 1/1/97 N Y Y 12/31/06 N/A Y N Y Y 1/1/97 N/A Y Y have the same requirements. the FCC. Effective December 31, 2006, digital LPFM stations have same requirements.

719

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00729 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.11 47 CFR Ch. I (10–1–09 Edition)

ANALOG CABLE SYSTEMS grammed channels including the re- quired testing by October 1, 2002, or [A. Analog cable systems serving comply with the following EAS re- fewer than 5,000 subscribers from a headend must either provide the Na- quirements. All other analog cable sys- tional level EAS message on all pro- tems must comply with B.]

SYSTEM SIZE AND EFFECTIVE DATES

≥5,000 but < ≥ B. EAS equipment requirement 10,000 sub- 10,000 sub- <5,000 scribers scribers subscribers

Two-tone signal from storage device 1 ...... Y 12/31/98 Y 10/1/02 Y 10/1/02 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 channels ...... Y 12/31/98 Y 10/1/02 N Video interrupt and audio alert message on all channels, 3 Audio and Video N N Y 10/1/02 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 mes- sage. 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 vide the National level EAS message STATIONS) on all programmed channels including the required testing by October 1, 2002, [A. Wireless cable systems serving or comply with the following EAS re- fewer than 5,000 subscribers from a sin- quirements. All other wireless cable gle transmission site must either pro- systems must comply with B.]

SYSTEM SIZE AND EFFECTIVE DATES

B. EAS ≥ equipment 5,000 sub- <5,000 sub- requirement scribers scribers

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 all channels 3 ...... Y 10/1/02 N Video interrupt and audio alert message on all channels; 4 Audio and Video EAS message on N Y 10/1/02 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 Re- quired 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 mes- sage. 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 .

DIGITAL CABLE SYSTEMS AND WIRELINE EAS message on all programmed chan- VIDEO SYSTEMS nels including the required testing by December 31, 2006, or comply with the [A. Digital cable systems and following EAS requirements. All other Wireline Video Systems serving fewer digital cable systems and Wireline than 5,000 subscribers from a headend Video Systems must comply with B.] must either provide the National level

720

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00730 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.11

SYSTEM SIZE AND EFFECTIVE DATES

≥5,000 sub- <5,000 sub- B. EAS equipment requirement scribers scribers

Two-tone signal from storage device 1 ...... Y 12/31/06 Y 12/31/06 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 channels 4 ...... Y 12/31/06 N Video interrupt and audio alert message on all channels 3 Audio and Video EAS message on N Y 12/31/06 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 and Wireline Video 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 mes- sage. 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 and/Wireline Video 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 trans- mission 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 of a hub station (or common studio or educational FM stations as defined in control point if there is no hub station) § 73.506 of this chapter, digital class D and rebroadcast 100 percent of the pro- non-commercial educational FM sta- gramming of the hub station (or com- tions, analog LPFM stations as defined mon studio or control point) may sat- in §§ 73.811 and 73.853 of this chapter, isfy the requirements of this part digital LPFM stations, analog LPTV through the use of a single set of EAS stations as defined in § 74.701(f), and equipment at the hub station (or com- digital LPTV stations as defined in mon studio or control point) which § 74.701(k) of this chapter are not re- complies with §§ 11.32 and 11.33. quired to comply with § 11.32. Analog (c) For purposes of the EAS, and digital LPTV stations that operate Broadband Radio Service (BRS) and as television broadcast translator sta- Educational Broadband Service (EBS) tions, as defined in § 74.701(b) of this stations operated as part of wireless chapter, are not required to comply cable systems in accordance with sub- with the requirements of this part. FM broadcast booster stations as defined in part M of part 27 of this chapter are de- § 74.1201(f) of this chapter and FM fined as follows: translator stations as defined in (1) A ‘‘wireless cable system’’ is a col- § 74.1201(a) of this chapter which en- lection of channels in the BRS or EBS tirely rebroadcast the programming of used to provide video programming other local FM broadcast stations are services to subscribers. The channels not required to comply with the re- may be licensed to or leased by the quirements of this part. International wireless cable system operator. broadcast stations as defined in § 73.701 (2) A ‘‘wireless cable operator’’ is the of this chapter are not required to com- entity that has acquired the right to ply with the requirements of this part. use the channels of a wireless cable Analog and digital broadcast stations system for transmission of program- that operate as satellites or ming to subscribers.

721

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00731 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.12 47 CFR Ch. I (10–1–09 Edition)

(d) Local franchise authorities and § 11.14 Primary Entry Point (PEP) Sys- cable television system operators may tem. enter into mutual agreements that re- The PEP system is a nationwide net- quire the installation of EAS equip- work of broadcast stations and other ment before the required dates listed in entities connected with government the tables in paragraph (a). Addition- activation points. It is used to dis- ally, local franchise authorities may tribute the EAN, EAT and EAS na- use any EAS codes authorized by the tional test messages, and other EAS FCC in any agreements. messages. (e) Other technologies and public [67 FR 18507, Apr. 16, 2002] service providers, such as low or- biting satellites, that wish to partici- § 11.15 EAS Operating Handbook. pate in the EAS may contact the FCC’s The EAS Operating Handbook states Public Safety and Homeland Security in summary form the actions to be Bureau or their State Emergency Com- taken by personnel at EAS Participant munications Committee for informa- facilities upon receipt of an EAN, an tion and guidance. EAT, tests, or State and Local Area [63 FR 29662, June 1, 1998, as amended at 65 alerts. It is issued by the FCC and con- FR 7639, Feb. 15, 2000; 65 FR 21657, Apr. 24, tains instructions for the above situa- 2000; 65 FR 30001, May 10, 2000; 65 FR 34406, tions. A copy of the Handbook must be May 30, 2000; 67 FR 18506, Apr. 16, 2002; 69 FR located at normal duty positions or 72031, Dec. 10, 2004; 70 FR 19315, Apr. 13, 2005; EAS equipment locations when an op- 70 FR 71031, Nov. 25, 2005; 71 FR 76220, Dec. 20, erator is required to be on duty and be 2006; 72 FR 62132, Nov. 2, 2007] immediately available to staff respon- sible for authenticating messages and § 11.12 Two-tone Attention Signal initiating actions. encoder and decoder. [70 FR 71033, Nov. 25, 2005] Existing two-tone Attention Signal encoder and decoder equipment type § 11.16 National Control Point Proce- accepted for use as Emergency Broad- dures. cast System equipment under part 73 of The National Control Point Proce- this chapter may be used by broadcast dures are written instructions issued stations until January 1, 1998, provided by the FCC to national level EAS con- that such equipment meets the require- trol points. The procedures are divided ments of § 11.32(a)(9) and 11.33(b). Effec- into sections as follows: tive January 1, 1998, the two-tone At- (a) National Level EAS Activation. This tention Signal decoder will no longer section contains the activation and be required and the two-tone Attention termination instructions for Presi- Signal will be used to provide an audio dential messages. alert. (b) EAS Test Transmissions. This sec- tion contains the instructions for test- [60 FR 55999, Nov. 6, 1995] ing the EAS at the National level. (c) National Information Center (NIC). § 11.13 Emergency Action Notification This section contains instructions for (EAN) and Emergency Action Ter- distributing Government mination (EAT). official information messages after (a) The Emergency Action Notifica- completion of the National Level EAS tion (EAN) is the notice to all EAS activation and termination actions. Participants and to the general public [59 FR 67092, Dec. 28, 1994, as amended at 67 that the EAS has been activated for a FR 18508, Apr. 16, 2002] national emergency. (b) The Emergency Action Termi- § 11.18 EAS Designations. nation (EAT) is the notice to all EAS (a) National Primary (NP) is a source Participants and to the general public of EAS Presidential messages. that the EAN has terminated. (b) Local Primary (LP) is a source of [70 FR 71033, Nov. 25, 2005] EAS Local Area messages. An LP source is responsible for coordinating

722

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00732 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.21

the carriage of common emergency holder or suspended, modified, or with- messages from sources such as the Na- drawn by the Commission. tional Service or local emer- [70 FR 71033, Nov. 25, 2005] gency management offices as specified in its EAS Local Area Plan. If it is un- § 11.20 State Relay Network. able to carry out this function, other This network is composed of State LP sources in the Local Area may be Relay (SR) sources, leased common assigned the responsibility as indicated carrier communications facilities or in State and Local Area Plans. LP any other available communication fa- sources are assigned numbers (LP–1, 2, cilities. The network distributes State 3, etc.) in the sequence they are to be EAS messages originated by the Gov- monitored by other broadcast stations ernor or designated official. In addition in the Local Area. to EAS monitoring, satellites, micro- (c) State Primary (SP) is a source of wave, FM or any other com- EAS State messages. These messages munications technology may be used can originate from the Governor or a to distribute State emergency mes- designated representative in the State sages. Emergency Operating Center (EOC) or State Capital. Messages are sent via § 11.21 State and Local Area plans and the State Relay Network. FCC Mapbook. (d) State Relay (SR) is a source of EAS plans contain guidelines which EAS State messages. It is part of the must be followed by EAS Participants’ State Relay Network and relays Na- personnel, emergency officials, and Na- tional and State common emergency tional Weather Service (NWS) per- messages into Local Areas. sonnel to activate the EAS. The plans (e) Participating National (PN) include the EAS header codes and mes- sources transmit EAS National, State sages that will be transmitted by key or Local Area messages. The EAS EAS sources (NP, LP, SP and SR). transmissions of PN sources are in- State and local plans contain unique tended for direct public reception. methods of EAS message distribution (f) Non-participating National (NN) such as the use of the Radio Broadcast sources have elected not to participate Data System (RBDS). The plans must in the National level EAS and hold an be reviewed and approved by the Chief, authorization letter to that effect. Public Safety and Homeland Security Upon activation of the national level Bureau, prior to implementation to en- EAS, NN sources are required to broad- sure that they are consistent with na- cast the EAS codes, Attention Signal, tional plans, FCC regulations, and EAS the sign-off announcement in the EAS operation. Operating Handbook and then stop op- (a) The State plan contains proce- erating. All NN sources are required to dures for State emergency manage- comply with § 11.51, 11.52 and 11.61. ment and other State officials, the They may transmit EAS State or Local NWS, and EAS Participants’ personnel Area messages at any time without to transmit emergency information to prior notice. the public during a State emergency using the EAS, including mandatory § 11.19 EAS Non-participating National messages initiated by a state governor Authorization Letter. or his/her designee. The State plan This authorization letter is issued by must specify how state-level and geo- the FCC to EAS Participants that have graphically targeted EAS messages ini- elected not to participate in the na- tiated by a state governor or his/her tional level EAS. It states that the designee will be transmitted to all EAS EAS Participant has agreed to go off Participants who provide services in the air or discontinue programming on the state, and must include specific all channels during a national level and detailed information describing EAS message. For licensees this au- how such messages will be aggregated, thorization will remain in effect designated as mandatory, and delivered through the period of the initial license to EAS Participants. State EAS plans and subsequent renewals from the time should include a data table, in com- of issuance unless returned by the puter readable form, clearly showing

723

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00733 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.31 47 CFR Ch. I (10–1–09 Edition)

monitoring assignments and the spe- (c) The EAS protocol, including any cific primary and backup path for the codes, must not be amended, extended emergency action notification (‘‘EAN’’) or abridged without FCC authorization. from the PEP to each station in the The EAS protocol and message format plan. are specified in the following represen- (b) The Local Area plan contains pro- tation. cedures for local officials or the NWS Examples are provided in FCC Public to transmit emergency information to Notices. the public during a local emergency [PREAMBLE]ZCZC-ORG-EEE- using the EAS. Local plans may be a PSSCCC+TTTT-JJJHHMM-LLLLLLLL- part of the State plan. A Local Area is (one second pause) a geographical area of contiguous com- [PREAMBLE]ZCZC-ORG-EEE- munities or counties that may include PSSCCC+TTTT-JJJHHMM-LLLLLLLL- more than one state. (one second pause) (c) The FCC Mapbook is based on the [PREAMBLE]ZCZC-ORG-EEE- above plans. It organizes all broadcast PSSCCC+TTTT-JJJHHMM-LLLLLLLL-(at least a one second pause) stations and cable systems according (transmission of 8 to 25 seconds of Attention to their State, EAS Local Area, and Signal) EAS designation. (transmission of audio, video or text mes- sages) [72 FR 62134, Nov. 2, 2007] (at least a one second pause) [PREAMBLE]NNNN (one second pause) Subpart B—Equipment [PREAMBLE]NNNN (one second pause) [PREAMBLE]NNNN (at least one second Requirements pause) § 11.31 EAS protocol. [PREAMBLE] This is a consecutive string of bits (sixteen bytes of AB hexadecimal [8 (a) The EAS uses a four part message bit byte 10101011]) sent to clear the system, for an emergency activation of the set AGC and set asynchronous decoder EAS. The four parts are: Preamble and clocking cycles. The preamble must be EAS Header Codes; audio Attention transmitted before each header and End Of Signal; message; and, Preamble and Message code. EAS End Of Message (EOM) Codes. ZCZC—This is the identifier, sent as ASCII (1) The Preamble and EAS Codes characters ZCZC to indicate the start of ASCII code. must use Audio Frequency Shift Key- ORG—This is the Originator code and indi- ing at a rate of 520.83 bits per second to cates who originally initiated the activation transmit the codes. Mark frequency is of the EAS. These codes are specified in 2083.3 Hz and space frequency is 1562.5 paragraph (d) of this section. Hz. Mark and space time must be 1.92 EEE—This is the Event code and indicates milliseconds. Characters are ASCII the nature of the EAS activation. The codes seven bit characters as defined in ANSI are specified in paragraph (e) of this section. The Event codes must be compatible with X3.4–1977 ending with an eighth null bit the codes used by the NWS Weather Radio (either 0 or 1) to constitute a full eight- Specific Area Message Encoder (WRSAME). bit byte. PSSCCC—This the Location code and indi- (2) The Attention Signal must be cates the geographic area affected by the made up of the fundamental fre- EAS alert. There may be 31 Location codes quencies of 853 and 960 Hz. The two in an EAS alert. The Location code uses the tones must be transmitted simulta- Federal Information Processing Standard (FIPS) numbers as described by the U.S. De- neously. The Attention Signal must be partment of Commerce in National Institute transmitted after the EAS header of Standards and Technology publication codes. FIPS PUB 6–4. Each state is assigned an SS (3) The message may be audio, video number as specified in paragraph (f) of this or text. section. Each county and some cities are as- (b) The ASCII dash and plus symbols signed a CCC number. A CCC number of 000 are required and may not be used for refers to an entire State or Territory. P de- any other purpose. Unused characters fines county subdivisions as follows: 0 = all or an unspecified portion of a county, 1 = must be ASCII space characters. FM or Northwest, 2 = North, 3 = Northeast, 4 = TV call signs must use a slash ASCII West, 5 = Central, 6 = East, 7 = Southwest, 8 character number 47 (/) in lieu of a = South, 9 = Southeast. Other numbers may dash. be designated later for special applications.

724

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00734 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.31

The use of county subdivisions will probably Event be rare and generally for oddly shaped or un- Nature of Activation Codes usually large counties. Any subdivisions 1 must be defined and agreed to by the local Law Enforcement Warning ...... LEW Local Area Emergency ...... LAE 1 officials prior to use. Network Message Notification ...... NMN 1 +TTTT—This indicates the valid time pe- 911 Telephone Outage Emergency ...... TOE 1 riod of a message in 15 minute segments up Nuclear Power Plant Warning ...... NUW 1 to one hour and then in 30 minute segments Practice/Demo Warning ...... DMO beyond one hour; i.e., +0015, +0030, +0045, Radiological Hazard Warning ...... RHW 1 +0100, +0430 and +0600. Severe Warning ...... SVR JJJHHMM—This is the day in Julian Cal- Severe Thunderstorm Watch ...... SVA Severe Weather Statement ...... SVS endar days (JJJ) of the year and the time in Shelter in Place Warning ...... SPW 1 hours and minutes (HHMM) when the mes- Special Marine Warning ...... SMW 1 sage was initially released by the originator Special Weather Statement ...... SPS using 24 hour Universal Coordinated Time Tornado Warning ...... TOR (UTC). Tornado Watch ...... TOA 1 LLLLLLLL—This is the identification of Tropical Storm Warning ...... TRW Tropical Storm Watch ...... TRA 1 the EAS Participant, NWS office, etc., trans- Tsunami Warning ...... TSW mitting or retransmitting the message. Tsunami Watch ...... TSA These codes will be automatically affixed to Volcano Warning ...... VOW 1 all outgoing messages by the EAS encoder. Winter Storm Warning ...... WSW NNNN—This is the End of Message (EOM) Winter Storm Watch ...... WSA code sent as a string of four ASCII N char- 1 Effective May 16, 2002, analog radio and television broad- acters. cast stations, analog cable systems and wireless cable sys- tems may upgrade their existing EAS equipment to add these (d) The only originator codes are: event codes on a voluntary basis until the equipment is re- placed. All models of EAS equipment manufactured after Au- gust 1, 2003 must be capable of receiving and transmitting Originator ORG code these event codes. EAS Participants that install or replace their EAS equipment after February 1, 2004 must install EAS Participant ...... EAS equipment that is capable of receiving and transmitting these Civil authorities ...... CIV event codes. National Weather Service ...... WXR Primary Entry Point System ...... PEP (f) The State, Territory and Offshore (Marine Area) FIPS number codes (SS) (e) The following Event (EEE) codes are as follows. County FIPS numbers are presently authorized: (CCC) are contained in the State EAS Mapbook. Event Nature of Activation Codes FIPS# National Codes (Required): Emergency Action Notification (National only) ...... EAN State: Emergency Action Termination (National only) ...... EAT AL ...... 01 National Information Center ...... NIC AK ...... 02 National Periodic Test ...... NPT AZ ...... 04 Required Monthly Test ...... RMT AR ...... 05 Required Weekly Test ...... RWT CA ...... 06 State and Local Codes (Optional): CO ...... 08 Administrative Message ...... ADR CT ...... 09 Avalanche Warning ...... AVW 1 DE ...... 10 Avalanche Watch ...... AVA 1 DC ...... 11 Blizzard Warning ...... BZW FL ...... 12 Child Abduction Emergency ...... CAE 1 GA ...... 13 Civil Danger Warning ...... CDW 1 HI ...... 15 Civil Emergency Message ...... CEM ID ...... 16 Coastal Flood Warning ...... CFW 1 IL ...... 17 Coastal Flood Watch ...... CFA 1 IN ...... 18 Dust Storm Warning ...... DSW 1 IA ...... 19 Earthquake Warning ...... EQW 1 KS ...... 20 Evacuation Immediate ...... EVI KY ...... 21 Fire Warning ...... FRW 1 LA ...... 22 Flash Flood Warning ...... FFW ME ...... 23 Flash Flood Watch ...... FFA MD ...... 24 Flash Flood Statement ...... FFS MA ...... 25 Flood Warning ...... FLW MI ...... 26 Flood Watch ...... FLA MN ...... 27 Flood Statement ...... FLS MS ...... 28 Hazardous Materials Warning ...... HMW 1 MO ...... 29 High Wind Warning ...... HWW MT ...... 30 High Wind Watch ...... HWA NE ...... 31 Hurricane Warning ...... HUW NV ...... 32 Hurricane Watch ...... HUA NH ...... 33 Hurricane Statement ...... HLS NJ ...... 34

725

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00735 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.32 47 CFR Ch. I (10–1–09 Edition)

FIPS# § 11.32 EAS Encoder.

NM ...... 35 (a) EAS Encoders must at a min- NY ...... 36 imum be capable of encoding the EAS NC ...... 37 protocol described in § 11.31 and pro- ND ...... 38 OH ...... 39 viding the EAS code transmission re- OK ...... 40 quirements described in § 11.51. EAS OR ...... 41 encoders must additionally provide the PA ...... 42 RI ...... 44 following minimum specifications: SC ...... 45 (1) Encoder programming. Access to SD ...... 46 encoder programming shall be pro- TN ...... 47 tected by a lock or other security TX ...... 48 UT ...... 49 measures and be configured so that au- VT ...... 50 thorized personnel can readily select VA ...... 51 and program the EAS Encoder with WA ...... 53 WV ...... 54 Originator, Event and Location codes WI ...... 55 for either manual or automatic oper- WY ...... 56 ation. Terr.: (2) Inputs. The encoder shall have two AS ...... 60 FM ...... 64 inputs, one for audio messages and one GU ...... 66 for data messages (RS–232C with stand- MH ...... 68 ard protocol and 1200 baud rate). MH ...... 68 PR ...... 72 (3) Outputs. The encoder shall have PW ...... 70 two outputs, one audio port and one UM ...... 74 data port (RS–232C with standard pro- VI ...... 78 Offshore (Marine Areas) 1: tocol and 1200 baud rate). Eastern North Pacific Ocean, and along U.S. (4) Calibration. EAS Encoders must West Coast from Canadian border to Mexican provide a means to comply with the border ...... 57 levels required in § 11.51(f). North Pacific Ocean near Alaska, and along Alas- ka coastline, including the Bering Sea and the (5) Day-Hour-Minute and Identifica- Gulf of Alaska ...... 58 tion Stamps. The encoder shall affix Central Pacific Ocean, including Hawaiian waters 59 the JJJHHMM and LLLLLLLL codes South Central Pacific Ocean, including American Samoa waters ...... 61 automatically to all initial messages. Western Pacific Ocean, including Mariana Island (6) Program Data Retention. Program waters ...... 65 data and codes shall be retained even Western North Atlantic Ocean, and along U.S. with the power removed. East Coast, from Canadian border south to Currituck Beach Light, N.C ...... 73 (7) Indicator. An aural or visible Western North Atlantic Ocean, and along U.S. means that it activated when the Pre- East Coast, south of Currituck Beach Light, amble is sent and deactivated at the N.C., following the coastline into Gulf of Mexico to Bonita Beach, FL., including the Caribbean .. 75 End of Message code. Gulf of Mexico, and along the U.S. Gulf Coast (8) Spurious Response. All frequency from the Mexican border to Bonita Beach, FL ... 77 components outside 200 to 4000 Hz shall Lake Superior ...... 91 be attenuated by 40 dB or more with re- Lake Michigan ...... 92 Lake Huron ...... 93 spect to the output levels of the mark Lake St. Clair ...... 94 or space frequencies. Lake Erie ...... 96 (9) Attention Signal generator. The Lake Ontario ...... 97 encoder must provide an attention sig- St. Lawrence River above St. Regis ...... 98 nal that complies with the following: 1 Effective May 16, 2002, analog radio and television broad- cast stations, analog cable systems and wireless cable sys- (i) Tone Frequencies. The audio tones tems may upgrade their existing EAS equipment to add these shall have fundamental frequencies of marine area location codes on a voluntary basis until the ± equipment is replaced. All models of EAS equipment manu- 853 and 960 Hz and not vary over 0.5 factured after August 1, 2003, must be capable of receiving Hz. and transmitting these marine area location codes. EAS Par- ticipants that install or replace their EAS equipment after Feb- (ii) Harmonic Distortion. The total ruary 1, 2004, must install equipment that is capable of re- harmonic distortion of each of the ceiving and transmitting these location codes. audio tones may not exceed 5% at the [59 FR 67092, Dec. 28, 1994, as amended at 60 encoder output terminals. FR 55999, Nov. 6, 1995; 61 FR 54952, Oct. 23, (iii) Minimum Level of Output. The 1996; 63 FR 29663, June 1, 1998; 67 FR 18508, encoder shall have an output level ca- Apr. 16, 2002; 67 FR 77174, Dec. 17, 2002; 69 FR pability of at least +8 dBm into a 600 72031, Dec. 10, 2004; 70 FR 71033, Nov. 25, 2005] Ohm load impedance at each audio

726

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00736 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.33

tone. A means shall be provided to per- other source that uses the EAS pro- mit individual activation of the two tocol. tones for calibration of associated sys- (2) Valid codes. There must be a tems. means to determine if valid EAS head- (iv) Time Period for Transmission of er codes are received and to determine Tones. The encoder shall have timing if preselected header codes are re- circuitry that automatically generates ceived. the two tones simultaneously for a (3) Storage. Decoders must provide time period of not less than 8 nor the means to: longer than 25 seconds. NOTE: Prior to (i) Record and store, either internally July 1, 1995, the Attention Signal must or externally, at least two minutes of be at least 20 and not more than 25 sec- audio or text messages. A decoder man- onds. ufactured without an internal means to (v) Inadvertent activation. The switch record and store audio or text must be used for initiating the automatic gen- equipped with a means (such as an eration of the simultaneous tones shall audio or digital jack connection) to be protected to prevent accidental op- couple to an external recording and eration. storing device. (vi) Indicator Display. The encoder (ii) Store at least ten preselected shall be provided with a visual and/or event and originator header codes, in aural indicator which clearly shows addition to the seven mandatory event/ that the Attention Signal is activated. originator codes for tests and national (b) Operating Temperature and Humid- activations, and store any preselected ity. Encoders shall have the ability to location codes for comparison with in- operate with the above specifications coming header codes. A non- within an ambient temperature range preselected header code that is manu- of 0 to +50 degrees C and a range of rel- ally transmitted must be stored for ative humidity of up to 95%. comparison with later incoming header (c) Primary Supply Voltage Variation. codes. The header codes of the last ten Encoders shall be capable of complying received valid messages which still with the requirements of this section have valid time periods must be stored during a variation in primary supply for comparison with the incoming valid voltage of 85 percent to 115 percent of header codes for later messages. These its rated value. last received header codes will be de- (d) Testing Encoder Units. Encoders leted from storage as their valid time not covered by § 11.34(e) of this part periods expire. shall be tested in a 10 V/m minimum (4) Display and logging. A visual mes- RF field at an AM broadcast frequency sage shall be developed from any valid and a 0.5 V/m minimum RF field at an header codes for tests and national ac- FM or TV broadcast frequency to simu- tivations and any preselected header late actual working conditions. codes received. The message shall in- clude the Originator, Event, Location, § 11.33 EAS Decoder. the valid time period of the message (a) An EAS Decoder must at a min- and the local time the message was imum be capable of decoding the EAS transmitted. The message shall be in protocol described in § 11.31, provide the the primary language of the EAS Par- EAS monitoring functions described in ticipant and be fully displayed on the § 11.52, and the following minimum decoder and readable in normal light specifications: and darkness. All existing and new (1) Inputs. Decoders must have the models of EAS decoders manufactured capability to receive at least 2 audio after August 1, 2003 must provide a inputs from EAS monitoring assign- means to permit the selective display ments, and one data input (RS–232C and logging of EAS messages con- with standard protocol and 1200 baud taining header codes for state and local rate). The data input may be used to EAS events. Effective May 16, 2002, monitor other communications modes analog radio and television broadcast such as Radio Broadcast Data System stations, analog cable systems and (RBDS), NWR, satellite, public wireless cable systems may upgrade switched telephone network, or any their decoders on an optional basis to

727

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00737 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.34 47 CFR Ch. I (10–1–09 Edition)

include a selective display and logging (10) Message Validity. An EAS Decoder capability for EAS messages con- must provide error detection and vali- taining header codes for state and local dation of the header codes of each mes- events. EAS Participants that install sage to ascertain if the message is or replace their decoders after Feb- valid. Header code comparisons may be ruary 1, 2004 must install decoders that accomplished through the use of a bit- provide a means to permit the selective by-bit compare or any other error de- display and logging of EAS messages tection and validation protocol. A containing header codes for state and header code must only be considered local EAS events. valid when two of the three headers (5) Indicators. EAS decoders must match exactly. Duplicate messages have a distinct and separate aural or must not be relayed automatically. visible means to indicate when any of (11) A header code with the EAN the following conditions occurs: Event code specified in § 11.31(c) that is (i) Any valid EAS header codes are received through any of the audio in- received as specified in § 11.33(a)(10). puts must override all other messages. (ii) Preprogrammed header codes, (b) Attention Signal. EAS Decoders such as those selected in accordance shall have detection and activation cir- with § 11.52(d)(2) are received. cuitry that will demute a receiver upon (iii) A signal is present at each audio detection of the two audio tones of 853 input that is specified in § 11.33(a)(1). Hz and 960 Hz. To prevent false re- (6) Program Data Retention. The pro- sponses, decoders designed to use the gram data must be retained even with two tones for receiver demuting shall power removed. comply with the following: (7) Outputs. Decoders shall have the (1) Time Delay. A minimum time following outputs: a data port or ports delay of 8 but not more than 16 seconds (RS–232C with standard protocol and of tone reception shall be incorporated 1200 baud rate) where received valid into the demuting or activation proc- EAS header codes and received ess to insure that the tones will be au- preselected header codes are available; dible for a period of at least 4 seconds. one audio port that is capable of moni- After July 1, 1995, the time delay shall toring each decoder audio input; and, be 3–4 seconds. an internal speaker to enable personnel (2) Operation Bandwidth. The decoder to hear audio from each input. circuitry shall not respond to tones (8) Decoder Programming. Access to which vary more than ±5 Hz from each decoder programming shall be pro- of the frequencies, 853 Hz and 960 Hz. tected by a lock or other security (3) Reset Ability. The decoder shall measures and be configured so that au- have a means to manually or automati- thorized personnel can readily select cally reset the associated broadcast re- and program the EAS Decoder with ceiver to a muted state. preselected Originator, Event and Lo- (c) Decoders shall be capable of oper- cation codes for either manual or auto- ation within the tolerances specified in matic operation. this section as well as those in § 11.32 (9) Reset. There shall be a method to (b), (c) and (d). automatically or manually reset the [59 FR 67092, Dec. 28, 1994, as amended at 60 decoder to the normal monitoring con- FR 55999, Nov. 6, 1995; 67 FR 18510, Apr. 16, dition. Operators shall be able to select 2002; 70 FR 71033, Nov. 25, 2005] a time interval, not less than two min- utes, in which the decoder would auto- § 11.34 Acceptability of the equipment. matically reset if it received an EAS (a) An EAS Encoder used for gener- header code but not an end-of-message ating the EAS codes and the Attention (EOM) code. Messages received with Signal must be Certified in accordance the EAN Event codes shall disable the with the procedures in part 2, subpart reset function so that lengthy audio J, of this chapter. The data and infor- messages can be handled. The last mes- mation submitted must show the capa- sage received with valid header codes bility of the equipment to meet the re- shall be displayed as required by para- quirements of this part as well as the graph (a)(4) of this section before the requirements contained in part 15 of decoder is reset. this chapter for digital devices.

728

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00738 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.35

(b) Decoders used for the detection of § 11.35 Equipment operational readi- the EAS codes and receiving the Atten- ness. tion Signal must be Certified in ac- (a) EAS Participants are responsible cordance with the procedures in part 2, for ensuring that EAS Encoders, EAS subpart J, of this chapter. The data and Decoders and Attention Signal gener- information submitted must show the ating and receiving equipment used as capability of the equipment to meet part of the EAS are installed so that the requirements of this part as well as the monitoring and transmitting func- the requirements contained in part 15 tions are available during the times of this chapter for digital devices. the stations and systems are in oper- (c) The functions of the EAS decoder, ation. Additionally, EAS Participants Attention Signal generator and re- must determine the cause of any fail- ceiver, and the EAS encoder specified ure to receive the required tests or ac- in §§ 11.31, 11.32 and 11.33 may be com- tivations specified in § 11.61(a)(1) and bined and Certified as a single unit pro- (a)(2). Appropriate entries indicating vided that the unit complies with all reasons why any tests were not re- specifications in this rule section. ceived must be made in the broadcast (d) Manufacturers must include in- station log as specified in §§ 73.1820 and structions and information on how to 73.1840 of this chapter for all broadcast install, operate and program an EAS streams and cable system records as Encoder, EAS Decoder, or combined specified in §§ 76.1700, 76.1708, and 76.1711 unit and a list of all State and county of this chapter. All other EAS Partici- FIPS numbers with each unit sold or pants must also keep records indi- marketed in the U.S. cating reasons why any tests were not (e) Waiver requests of the Certifi- received and these records must be re- cation requirements for EAS Encoders tained for two years, maintained at the or EAS Decoders which are constructed EAS Participant’s headquarters, and for use by an EAS Participant, but are made available for public inspection not offered for sale will be considered upon reasonable request. on an individual basis in accordance (b) If the EAS Encoder or EAS De- with part 1, subpart G, of this chapter. coder becomes defective, the EAS Par- (f) Modifications to existing author- ticipant may operate without the de- ized EAS decoders, encoders or com- fective equipment pending its repair or bined units necessary to implement the replacement for 60 days without fur- new EAS codes specified in § 11.31 and ther FCC authority. Entries shall be to implement the selective displaying made in the broadcast station log, and logging feature specified in cable system records, and records of § 11.33(a)(4) will be considered Class I other EAS Participants, as specified in permissive changes that do not require paragraph (a) of this rule, showing the a new application for and grant of date and time the equipment was re- equipment certification under part 2, moved and restored to service. For per- subpart J of this chapter. sonnel training purposes, the required (g) All existing and new models of monthly test script must still be trans- EAS encoders, decoders and combined mitted even though the equipment for units manufactured after August 1, 2003 generating the EAS message codes, At- must be capable of generating and de- tention Signal and EOM code is not tecting the new EAS codes specified in functioning. § 11.31 in order to be certified under (c) If repair or replacement of defec- part 2, subpart J of this chapter. All tive equipment is not completed within existing and new models of EAS decod- 60 days, an informal request shall be ers and combined units manufactured submitted to the District Director of after August 1, 2003 must have the se- the FCC field office serving the area in lective displaying and logging capa- which the EAS Participant is located, bility specified in § 11.33(a)(4) in order or in the case of DBS and SDARS pro- to be certified under part 2, subpart J viders to the District Director of the of this chapter. FCC field office serving the area where [59 FR 67092, Dec. 28, 1994, as amended at 60 their headquarters is located, for addi- FR 56000, Nov. 6, 1995; 67 FR 18510, Apr. 16, tional time to repair the defective 2002; 70 FR 71034, Nov. 25, 2005] equipment. This request must explain

729

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00739 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.41 47 CFR Ch. I (10–1–09 Edition)

what steps have been taken to repair or pant provided the station has in service replace the defective equipment, the a local channel from the station’s stu- alternative procedures being used dio or directly to the while the defective equipment is out of broadcast source. service, and when the defective equip- (b) Upon receipt of the Emergency ment will be repaired or replaced. Action Termination, the common car- [70 FR 71034, Nov. 25, 2005] riers shall disconnect the originating source and the participating inde- Subpart C—Organization pendent stations and restore the net- works and other EAS Participants to § 11.41 Participation in EAS. their original configurations. (a) All EAS Participants specified in (c) During a National level EAS Test, § 11.11 are categorized as Participating common carriers which have facilities National (PN) sources unless author- in place may, without charge, connect ized by the FCC to be Non-Partici- an originating source from the nearest pating (NN) sources. exchange to a selected Test Center and (b) An EAS Participant may submit a then to any EAS Participant. Inde- written request to the FCC asking to pendent stations will not be connected be an NN source. The FCC may then during the test unless authorized by issue a Non-participating National Au- the FCC. Upon test termination, EAS thorization letter. NN sources must go Participants shall be restored to their off the air during a national EAS acti- original configurations. vation after transmitting specified in- (d) A common carrier rendering free formation. service shall file with the FCC, on or (1) An EAS Participant that is an NN before July 31st and January 31st of source under § 11.18(f) that wants to be- come a PN source in the national level each year, reports covering the six EAS must submit a written request to months ending on June 30th and De- the FCC. cember 31st respectively. These reports (2) NN sources may voluntarily par- shall state what free service was ren- ticipate in the State and Local Area dered under this rule and the charges EAS. Participation is at the discretion in dollars which would have accrued to of EAS Participant management and the carrier for this service if charges should comply with State and Local had been collected at the published tar- Area EAS Plans. iff rates if such carriers are required to (c) All sources, including NN, must file tariffs. have immediate access to an EAS Oper- ating Handbook. [59 FR 67092, Dec. 28, 1994, as amended at 67 FR 18510, Apr. 16, 2002; 70 FR 71034, Nov. 25, [70 FR 71034, Nov. 25, 2005] 2005]

§ 11.42 Participation by communica- § 11.43 National level participation. tions common carriers. Entities that wish to voluntarily par- (a) During activation of the National ticipate in the national level EAS may level EAS, communications common submit a written request to the Chief, carriers which have facilities available Public Safety and Homeland Security in place may, without charge, connect: Bureau. (1) An originating source from the nearest service area to a selected Test [71 FR 69038, Nov. 29, 2006] Center and then to the EAS Partici- pant for the duration of the emergency, § 11.44 EAS message priorities. provided an Emergency Action Notifi- (a) A national activation of the EAS cation is issued by the White House for a Presidential message with the and the originating source has a local Event code EAN as specified in § 11.31 channel from the originating point to must take priority over any other mes- the nearest service area. sage and preempt it if it is in progress. (2) An independent broadcast station to the radio and television broadcast (b) EAS participants should transmit networks and any other EAS Partici- other EAS messages in the following

730

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00740 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.51

order: first, Local Area Messages; sec- untary basis, FM stations may use sub- ond, State Messages; and third, Na- carriers to transmit the EAS codes in- tional Information Center (NIC) Mes- cluding 57 kHz using the RBDS stand- sages. ard produced by the National Radio (c) Key EAS sources (NP, LP, SP and Systems Committee (NRSC) and tele- SR) and Participating National (PN) vision stations may use subsidiary sources that remain on the air during a communications services. National emergency must carry Presi- (b) Other technologies and public dential Messages ‘‘live’’ at the time of service providers, such as low earth or- transmission or immediately upon re- biting satellites, that wish to partici- ceipt. Activation of the National level pate in the EAS may contact the FCC’s EAS must preempt State and Local Public Safety and Homeland Security Area EAS operation. Bureau or their State Emergency Com- (d) During a national emergency, the munications Committee for informa- facilities of all EAS Participants must tion and guidance. be reserved exclusively for distribution of Presidential Messages. NIC messages [70 FR 71034, Nov. 25, 2005, as amended at 71 FR 76220, Dec. 20, 2006; 72 FR 62135, Nov. 2, received from national networks which 2007] are not broadcast at the time of origi- nal transmission must be recorded lo- cally by LP sources for transmission at Subpart D—Emergency the earliest opportunity consistent Operations with the message priorities in para- graph (b) of this section. § 11.51 EAS code and Attention Signal Transmission requirements. [59 FR 67092, Dec. 28, 1994, as amended by 70 (a) Analog and digital broadcast sta- FR 71034, Nov. 25, 2005] tions must transmit, either automati- § 11.45 Prohibition of false or decep- cally or manually, national level EAS tive EAS transmissions. messages and required tests by sending the EAS header codes, Attention Sig- No person may transmit or cause to nal, emergency message and End of transmit the EAS codes or Attention Message (EOM) codes using the EAS Signal, or a recording or simulation Protocol. The Attention Signal must thereof, in any circumstance other precede any emergency audio message. than in an actual National, State or After January 1, 1998, the shortened At- Local Area emergency or authorized tention Signal may only be used as an test of the EAS. Broadcast station li- audio alert signal and the EAS codes censees should also refer to § 73.1217 of will become the minimum signaling re- this chapter. quirement for National level messages § 11.46 EAS public service announce- and tests. ments. (b) When relaying EAS messages, EAS Participants may transmit only EAS Participants may use Public the EAS header codes and the EOM Service Announcements or obtain com- code without the Attention Signal and mercial sponsors for announcements, emergency message for State and local infomercials, or programs explaining emergencies. Pauses in video program- the EAS to the public. Such announce- ming before EAS message transmission ments and programs may not be a part should not cause television receivers to of alerts or tests, and may not simu- mute EAS audio messages. No Atten- late or attempt to copy alert tones or tion Signal is required for EAS mes- codes. sages that do not contain audio pro- [70 FR 71034, Nov. 25, 2005] gramming, such as a Required Weekly Test. § 11.47 Optional use of other commu- (c) By the effective dates provided in nications methods and systems. § 11.11(a), all analog and digital radio (a) Analog and digital broadcast sta- and television stations shall transmit tions may additionally transmit EAS EAS messages in the main audio chan- messages through other communica- nel. Effective December 31, 2006, all tions means. For example, on a vol- DAB stations shall also transmit EAS

731

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00741 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.51 47 CFR Ch. I (10–1–09 Edition)

messages on all audio streams. Effec- nel. The Attention signal may be pro- tive December 31, 2006, all DTV broad- duced from a storage device. Addition- cast stations shall also transmit EAS ally, these analog cable systems, dig- messages on all program streams. ital cable systems, and wireless cable (d) By the effective dates provided in systems: § 11.11(a), analog and digital television (1) Must install, operate, and main- broadcast stations shall transmit a vis- tain equipment capable of generating ual message containing the Originator, the EAS codes. The modulation levels Event, Location and the valid time pe- for the EAS codes and Attention Signal riod of an EAS message. If the message for analog cable systems shall comply is a video crawl, it shall be displayed at with the aural signal requirements in the top of the television screen or § 76.605 of this chapter, where it will not interfere with other (2) Must provide a video interruption visual messages. and an audio alert message on all chan- (e) Analog class D non-commercial nels. The audio alert message must educational FM stations as defined in state which channel is carrying the § 73.506 of this chapter, digital class D EAS video and audio message, non-commercial educational FM sta- (3) Shall transmit a visual EAS mes- tions, analog Low Power FM (LPFM) sage on at least one channel. The mes- stations as defined in §§ 73.811 and 73.853 sage shall contain the Originator, of this chapter, digital LPFM stations, Event, Location, and the valid time pe- analog low power TV (LPTV) stations riod of the EAS message. If the visual as defined in § 74.701(f) of this chapter, message is a video crawl, it shall be and digital LPTV stations as defined in displayed at the top of the subscriber’s § 74.701(k) of this chapter are not re- television screen or where it will not quired to have equipment capable of interfere with other visual messages. generating the EAS codes and Atten- (4) May elect not to interrupt EAS tion Signal specified in § 11.31. messages from broadcast stations (f) Analog and digital broadcast sta- based upon a written agreement be- tion equipment generating the EAS tween all concerned. Further, analog codes and the Attention Signal shall cable systems, digital cable systems, modulate a broadcast station trans- and wireless cable systems may elect mitter so that the signal broadcast to not to interrupt the programming of a other EAS Participants alerts them broadcast station carrying news or that the EAS is being activated or test- weather related emergency informa- ed at the National, State or Local Area tion with state and local EAS messages level. The minimum level of modula- based on a written agreement between tion for EAS codes, measured at peak all parties. modulation levels using the internal (5) Wireless cable systems and digital calibration output required in cable systems with a requirement to § 11.32(a)(4), shall modulate the trans- carry the audio and video EAS message mitter at the maximum possible level, on at least one channel and a require- but in no case less than 50% of full ment to provide video interrupt and an channel modulation limits. Measured audio alert message on all other chan- at peak modulation levels, each of the nels stating which channel is carrying Attention Signal tones shall be cali- the audio and video EAS message, may brated separately to modulate the comply by using a means on all pro- transmitter at no less than 40%. These grammed channels that automatically two calibrated modulation levels shall tunes the subscriber’s set-top box to a have values that are within 1 dB of pre-designated channel which carries each other. the required audio and video EAS mes- (g) Analog cable systems and digital sages. cable systems with fewer than 5,000 (h) Analog cable systems and digital subscribers per headend and wireline cable systems with 10,000 or more sub- video systems and wireless cable sys- scribers; analog cable and digital cable tems with fewer than 5,000 subscribers systems serving 5,000 or more, but less shall transmit EAS audio messages in than 10,000 subscribers per headend; the same order specified in paragraph and wireline video systems and wire- (a) of this section on at least one chan- less cable systems with 5,000 or more

732

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00742 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.51

subscribers shall transmit EAS audio pre-designated channel which carries messages in the same order specified in the required audio and video EAS mes- paragraph (a) of this section. The At- sages. tention signal may be produced from a (i) Effective December 31, 2006, storage device. Additionally, these SDARS licensees shall transmit na- analog cable systems, digital cable sys- tional audio EAS messages on all chan- tems, and wireless cable systems: nels in the same order specified in (1) Must install, operate, and main- paragraph (a) of this section. tain equipment capable of generating (1) SDARS licensees must install, op- the EAS codes. The modulation levels erate, and maintain equipment capable for the EAS codes and Attention Signal of generating the EAS codes. for analog cable systems shall comply (2) SDARS licensees may determine with the aural signal requirements in the distribution methods they will use § 76.605 of this chapter. This will pro- to comply with this requirement. vide sufficient signal levels to operate (j) Effective May 31, 2007, DBS pro- subscriber television and radio receiv- viders shall transmit national audio ers equipped with EAS decoders and to and visual EAS messages on all chan- audibly alert subscribers. Wireless nels in the same order specified in cable systems and digital cable sys- paragraph (a) of this section. tems shall also provide sufficient sig- (1) DBS providers must install, oper- nal levels to operate subscriber tele- ate, and maintain equipment capable vision and radio receivers equipped of generating the EAS codes. with EAS decoders and to audibly alert (2) The visual message shall contain subscribers. the Originator, Event, Location and (2) Shall transmit the EAS audio the valid time period of the EAS mes- message required in paragraph (a) of sage. These are elements of the EAS this section on all downstream chan- header code and are described in § 11.31. nels. If the visual message is a video crawl, (3) Shall transmit the EAS visual it shall be displayed at the top of the message on all downstream channels. subscriber’s television screen or where The visual message shall contain the it will not interfere with other visual Originator, Event, Location and the messages. valid time period of the EAS message. (3) DBS providers may determine the These are elements of the EAS header distribution methods they will use to code and are described in § 11.31. If the comply with this requirement. Such visual message is a video crawl, it shall methods may include distributing the be displayed at the top of the sub- EAS message on all channels, using a scriber’s television screen or where it means to automatically tune the sub- will not interfere with other visual scriber’s set-top box to a pre-des- messages. ignated channel which carries the re- (4) May elect not to interrupt EAS quired audio and video EAS messages, messages from broadcast stations and/or passing through the EAS mes- based upon a written agreement be- sage provided by programmers and/or tween all concerned. Further, analog local channels (where applicable). cable systems, digital cable systems, (k) If manual interrupt is used as au- and wireless cable systems may elect thorized in paragraph (m) of this sec- not to interrupt the programming of a tion, EAS Encoders must be located so broadcast station carrying news or that EAS Participant staff, at normal weather related emergency informa- duty locations, can initiate the EAS tion with state and local EAS messages code and Attention Signal trans- based on a written agreement between mission. all parties. (l) EAS Participants that are co- (5) Wireless cable systems and digital owned and co-located with a combined cable systems with a requirement to studio or control facility, (such as an carry the audio and video EAS message AM and FM licensed to the same entity on all downstream channels may com- and at the same location or a cable ply by using a means on all pro- headend serving more than one system) grammed channels that automatically may provide the EAS transmitting re- tunes the subscriber’s set-top box to a quirements contained in this section

733

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00743 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.52 47 CFR Ch. I (10–1–09 Edition)

for the combined stations or systems time for an RMT message may not ex- with one EAS Encoder. The require- ceed 60 minutes. ments of § 11.32 must be met by the (o) Either manual or automatic oper- combined facility. ation of EAS equipment may be used (m) EAS Participants are required to by EAS Participants that use remote transmit all received EAS messages in control. If manual operation is used, an which the header code contains the EAS decoder must be located at the re- Event codes for Emergency Action No- mote control location and it must di- tification (EAN), Emergency Action rectly monitor the signals of the two Termination (EAT), and Required assigned EAS sources. If direct moni- Monthly Test (RMT), and when the ac- toring of the assigned EAS sources is companying location codes include not possible at the remote location, their State or State/county. These EAS automatic operation is required. If messages shall be retransmitted un- automatic operation is used, the re- changed except for the LLLLLLLL- mote control location may be used to code which identifies the EAS Partici- override the transmission of an EAS pant retransmitting the message. See alert. EAS Participants may change § 11.31(c). If an EAS source originates back and forth between automatic and an EAS message with the Event codes manual operation. in this paragraph, it must include the location codes for the State and coun- [70 FR 71035, Nov. 25, 2005, as amended at 71 ties in its service area. When transmit- FR 76220, Dec. 20, 2006; 72 FR 62135, Nov. 2, ting the required weekly test, EAS 2007; 71 FR 76220, Dec. 20, 2006; 72 FR 62135, Nov. 2, 2007] Participants shall use the event code RWT. The location codes are the state § 11.52 EAS code and Attention Signal and county for the broadcast station Monitoring requirements. or system community or city. Other location codes may be in- (a) EAS Participants must be capable cluded upon approval of station or sys- of receiving the Attention Signal re- tem management. EAS messages may quired by § 11.32(a)(9) and emergency be transmitted automatically or manu- messages of other broadcast stations ally. during their hours of operation. EAS (1) Automatic interrupt of program- Participants must install and operate ming and transmission of EAS mes- during their hours of operation, equip- sages are required when facilities are ment capable of receiving and decod- unattended. Automatic transmissions ing, either automatically or manually, must include a permanent record that the EAS header codes, emergency mes- contains at a minimum the following sages and EOM code. EAS Participants information: Originator, Event, Loca- must comply with these requirements tion and valid time period of the mes- by the dates set forth in § 11.11. sage. The decoder performs the func- NOTE TO PARAGRAPH (A): The two-tone At- tions necessary to determine which tention Signal will not be used to actuate EAS messages are automatically trans- two-tone decoders but will be used as an mitted by the encoder. aural alert signal. (2) Manual interrupt of programming (b) If manual interrupt is used as au- and transmission of EAS messages may thorized in § 11.51(m)(2), decoders must be used. EAS messages with the EAN be located so that operators at their Event code must be transmitted imme- normal duty stations can be alerted diately and Monthly EAS test mes- immediately when EAS messages are sages within 60 minutes. All actions received. must be logged and include the min- (c) EAS Participants that are co- imum information required for EAS owned and co-located with a combined video messages. studio or control facility (such as an (n) EAS Participants may employ a AM and FM licensed to the same entity minimum delay feature, not to exceed and at the same location or a cable 15 minutes, for automatic interruption headend serving more than one system) of EAS codes. However, this may not may comply with the EAS monitoring be used for the EAN event which must requirements contained in this section be transmitted immediately. The delay for the combined station or system

734

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00744 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.54

with one EAS Decoder. The require- § 11.53 Dissemination of Emergency ments of § 11.33 must be met by the Action Notification. combined facility. Initiation of the EAN by any one of (d) EAS Participants must monitor the following sources is sufficient to two EAS sources. The monitoring as- begin the emergency actions in § 11.54. signments of each broadcast station (a) National Level. The EAN is issued and cable system and wireless cable by the White House. The EAN message system are specified in the State EAS is sent from a government origination Plan and FCC Mapbook. They are de- point to broadcast stations and other veloped in accordance with FCC moni- entities participating in the PEP sys- toring priorities. tem. It is then disseminated via EAS (1) If the required EAS sources can- Participants. not be received, alternate arrange- (1) Radio and television broadcast ments or a waiver may be obtained by stations. written request to the FCC’s EAS of- (2) Cable systems and wireless cable fice. In an emergency, a waiver may be systems. issued over the telephone with a follow (3) Other entities voluntarily partici- up letter to confirm temporary or per- pating in EAS. manent reassignment. (b) State level and Local Area levels. (2) The management of EAS Partici- EAN dissemination arrangements at pants shall determine which header these levels originate from State and codes will automatically interrupt local governments in accordance with their programming for State and Local State and Local Area plans. Area emergency situations affecting (c) Analog and digital broadcast sta- their audiences. tions must, prior to commencing rou- (e) EAS Participants are required to tine operation or originating any emis- interrupt normal programming either sions under program test, equipment automatically or manually when they test, experimental, or other authoriza- receive an EAS message in which the tions, determine whether the EAS has header code contains the Event codes been activated by monitoring the as- for Emergency Action Notification signed EAS sources as specified in their (EAN), Emergency Action Termination State or Local plan. (EAT), and Required Monthly Test (RMT) for their State or State/county [59 FR 67092, Dec. 28, 1994, as amended at 63 location. FR 29666, June 1, 1998; 65 FR 7640, Feb. 15, (1) Automatic interrupt of program- 2000; 65 FR 30001, May 10, 2000; 67 FR 18510, Apr. 16, 2002; 70 FR 71037, Nov. 25, 2005] ming is required when facilities are un- attended. Automatic operation must § 11.54 EAS operation during a Na- provide a permanent record of the EAS tional Level emergency. message that contains at a minimum (a) The EAS Operating Handbook the following information: Originator, summarizes the procedures to be fol- Event, Location and valid time period lowed upon receipt of a National level of the message. EAN or EAT Message. (2) Manual interrupt of programming (b) Immediately upon receipt of an and transmission of EAS messages may EAN message, EAS Participants must: be used. EAS messages with the EAN (1) Monitor the two EAS sources as- Event code must be transmitted imme- signed in the State or Local Area plan diately and Monthly EAS test mes- or FCC Mapbook for any further in- sages within 60 minutes. All actions structions. SDARS licensees and DBS must be logged and recorded as speci- providers may choose their two EAS fied in §§ 11.35(a) and 11.54(b)(13). Decod- sources, one of which must be a PEP ers must be programmed for the EAN station. and EAT Event header codes for Na- (2) Discontinue normal programming tional level emergencies and the RMT and follow the transmission procedures and RWT Event header codes for re- in the appropriate section of the EAS quired monthly and weekly tests, with Operating Handbook. Announcements the appropriate accompanying State may be made in the same language as and State/county location codes. the primary language of the EAS Par- [70 FR 71036, Nov. 25, 2005] ticipant.

735

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00745 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.54 47 CFR Ch. I (10–1–09 Edition)

(i) Key EAS sources (National Pri- (9) Analog and digital broadcast sta- mary (NP), Local Primary (LP), State tions may transmit their call letters Primary (SP), State Relay (SR) and and analog cable systems, digital cable Participating National (PN) sources) systems and wireless cable systems follow the transmission procedures and may transmit the names of the com- make the announcements in the Na- munities they serve during an EAS ac- tional Level Instructions of the EAS tivation. State and Local Area identi- Operating Handbook. fications must be given as provided in (ii) Non-participating National (NN) State and Local Area EAS plans. sources follow the transmission proce- (10) All analog and digital broadcast dures and make the sign-off announce- stations and analog cable systems, dig- ment in the EAS Operating Handbook’s ital cable systems and wireless cable National Level Instructions section for systems operating and identified with a NN sources. After the sign-off an- particular EAS Local Area must trans- nouncement, NN sources are required mit a common national emergency to remove their carriers or services from the air and monitor for the Emer- message until receipt of the Emer- gency Action Termination message. gency Action Termination. NN sources using automatic interrupt (11) Analog and digital broadcast sta- under § 11.51(m)(1), must transmit the tions, except those holding an EAS header codes, Attention Signal, sign-off Non-participating National Authoriza- announcement and EOM code after re- tion letter, are exempt from complying ceiving the appropriate EAS header with §§ 73.62 and 73.1560 of this chapter codes for a national emergency. (operating power maintenance) while (3) After completing the above trans- operating under this part. mission procedures, key EAS and Par- (12) National Primary (NP) sources ticipating National sources must trans- must operate under the procedures in mit a common emergency message the National Control Point Procedures. until receipt of the Emergency Action (13) The time of receipt of the EAN Termination Message. Message prior- and Emergency Action Termination ities are specified in § 11.44. If LP or SR messages shall be entered by analog sources of a Local Area cannot provide and digital broadcast stations in their an emergency message feed, any source logs (as specified in §§ 73.1820 and 73.1840 in the Local Area may elect to provide of this chapter), by analog and digital a message feed. This should be done in cable systems in their records (as spec- an organized manner as designated in ified in § 76.1711 of this chapter), by sub- State and Local Area EAS Plans. ject wireless cable systems in their (4) The Standby Script shall be used records (as specified in § 21.304 of this until emergency messages are avail- chapter), and by all other EAS Partici- able. The text of the Standby Script is pants in their records as specified in in the EAS Operating Handbook’s sec- § 11.35(a). tion for Participating sources. (c) Upon receipt of an Emergency Ac- (5) Analog and digital TV broadcast tion Termination Message, EAS Par- stations shall display an appropriate EAS slide and then transmit all EAS ticipants must follow the termination announcements visually and aurally as procedures in the EAS Operating Hand- specified in §§ 11.51(a) through (e) and book. 73.1250(h) of this chapter. (d) EAS Participants originating (6) Analog cable systems, digital emergency communications under this cable systems, and wireless cable sys- section shall be considered to have con- tems shall transmit all EAS announce- ferred rebroadcast authority, as re- ments visually and aurally as specified quired by section 325(a) of the Commu- in § 11.51(g) and (h). nications Act of 1934, 47 U.S.C. 325(a), (7) DBS providers shall transmit all to other EAS Participants. EAS announcements visually and au- (e) During a national level EAS rally as specified in § 11.51(j). emergency, EAS Participants may (8) Announcements may be made in transmit in lieu of the EAS audio feed the same language as the primary lan- an audio feed of the President’s voice guage of the EAS participant. message from an alternative source,

736

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00746 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 11.56

such as a broadcast network audio or Local Area EAS must do the fol- feed. lowing: (1) State Relay (SR) sources monitor [59 FR 67092, Dec. 28, 1994, as amended at 63 FR 29666, June 1, 1998; 63 FR 39035, July 21, the State Relay Network or follow the 1998; 65 FR 21658, Apr. 24, 2000; 65 FR 53614, State EAS plan for instructions from Sept. 5, 2000; 67 FR 18511, Apr. 16, 2002; 70 FR the State Primary (SP) source. 71037, Nov. 25, 2005] (2) Local Primary (LP) sources mon- itor the Local Area SR sources or fol- § 11.55 EAS operation during a State low the State EAS plan for instruc- or Local Area emergency. tions. (a) All EAS Participants within a (3) Participating National (PN) and state (excepting SDARs and DBS pro- Non-participating National (NN) viders) must receive and transmit sources monitor the Local Area LP state-level and geographically targeted sources for instructions. EAS messages, as aggregated and deliv- (4) EAS Participants participating in ered by the state governor or his/her the State or Local Area EAS must dis- designee, or by FEMA on behalf of such continue normal programming and fol- state governor, upon approval by the low the procedures in the State and Commission of an applicable state plan Local Area plans. Analog and digital providing for delivery of such alerts no television broadcast stations must sooner than 180 days after adoption of comply with § 11.54(b)(5); analog cable CAP by FEMA. Examples of natural systems, digital cable systems, and emergencies which may warrant acti- wireless cable systems must comply vation are: Tornadoes, floods, hurri- with § 11.54(b)(6); and DBS providers canes, earthquakes, heavy snows, icing must comply with § 11.54(b)(7). EAS conditions, widespread fires, etc. Man- Participants providing foreign lan- made emergencies may include: toxic guage programming should comply gas leaks or liquid spills, widespread with § 11.54(b)(8). power failures, industrial explosions, (5) Upon completion of the State or and civil disorders. Local Area EAS transmission proce- (1) DBS providers shall pass through dures, resume normal programming all EAS messages aired on local tele- until receipt of the cue from the SR or vision broadcast stations carried by LP sources in your Local Area. At that DBS providers under the Commission’s time begin transmitting the common broadcast signal carriage rules to sub- emergency message received from the scribers receiving those channels. above sources. (2) SDARS licensees and DBS pro- (6) Resume normal operations upon viders may participate in EAS at the conclusion of the message. state and local level and make their (7) The times of the above EAS ac- systems capable of receiving and trans- tions must be entered in the EAS Par- mitting state and local level EAS mes- sages on all channels. If an SDARS li- ticipants’ records as specified in censee or DBS provider is not capable §§ 11.35(a) and 11.54(b)(13). of receiving and transmitting state and (8) Use of the EAS codes or Attention local EAS message on all channels, it Signal automatically grants rebroad- must inform its subscribers, on its cast authority as specified in § 11.54(d). website and in writing on an annual [59 FR 67092, Dec. 28, 1994, as amended at 63 basis, of which channels are and are FR 29666, June 1, 1998; 65 FR 21658, Apr. 24, not capable of supplying state and 2000; 67 FR 18511, Apr. 16, 2002; 70 FR 71037, local messages. Nov. 25, 2005; 71 FR 76220, Dec. 20, 2006; 72 FR (b) EAS operations must be con- 62135, Nov. 2, 2007] ducted as specified in State and Local Area EAS Plans. The plans must list § 11.56 EAS Participants receive CAP- all authorized entities participating in formatted alerts. the State or Local Area EAS. Notwithstanding anything herein to (c) Immediately upon receipt of a the contrary, all EAS Participants State or Local Area EAS message, EAS must be able to receive CAP-formatted Participants participating in the State EAS alerts no later than 180 days after

737

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00747 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR § 11.61 47 CFR Ch. I (10–1–09 Edition)

FEMA publishes the technical stand- at least once a week at random days ards and requirements for such FEMA and times. Effective December 31, 2006, transmissions. DAB stations must conduct these tests on all audio streams. Effective Decem- [72 FR 62135, Nov. 2, 2007] ber 31, 2006, DTV stations must conduct these tests on all program streams. Subpart E—Tests (B) Analog cable systems and digital cable systems with 5,000 or more sub- § 11.61 Tests of EAS procedures. scribers per headend and wireless cable (a) EAS Participants shall conduct systems with 5,000 or more subscribers tests at regular intervals, as specified must conduct tests of the EAS Header in paragraphs (a)(1) and (a)(2) of this and EOM Codes at least once a week at section. Additional tests may be per- random days and times on all pro- formed anytime. EAS activations and grammed channels. special tests may be performed in lieu (C) Analog cable systems and digital of required tests as specified in para- cable systems serving fewer than 5,000 graph (a)(4) of this section. All tests subscribers per headend and wireless will conform with the procedures in the cable systems with fewer than 5,000 EAS Operating Handbook. subscribers must conduct tests of the (1) Required Monthly Tests of the EAS Header and EOM Codes at least EAS header codes, Attention Signal, once a week at random days and times Test Script and EOM code. on at least one programmed channel. (i) Tests in odd numbered months (D) SDARS providers must conduct shall occur between 8:30 a.m. and local tests of the EAS Header and EOM codes sunset. Tests in even numbered months at least once a week at random days shall occur between local sunset and and times on all channels. 8:30 a.m. They will originate from (ii) DBS providers, analog and digital Local or State Primary sources. The class D non-commercial educational time and script content will be devel- FM stations, and analog and digital oped by State Emergency Communica- LPTV stations are not required to tions Committees in cooperation with transmit this test but must log receipt, affected EAS Participants. Script con- as specified in §§ 11.35(a) and 11.54(b)(13). tent may be in the primary language of (iii) The EAS weekly test is not re- the EAS Participant. These monthly quired during the week that a monthly tests must be transmitted within 60 test is conducted. minutes of receipt by EAS Participants (iv) EAS Participants are not re- in an EAS Local Area or State. Analog quired to transmit a video message and digital class D non-commercial when transmitting the required weekly educational FM and analog and digital test. LPTV stations are required to trans- (3) Periodic National Tests. National mit only the test script. Primary (NP) sources shall participate (ii) Effective May 31, 2007, DBS pro- in tests as appropriate. The FCC may viders must comply with this section request a report of these tests. by monitoring a state or local primary (4) EAS activations and special tests. source to participate in testing. Tests The EAS may be activated for emer- should be performed on 10% of all chan- gencies or special tests at the State or nels monthly (excluding local-into- Local Area level by an EAS Partici- local channels for which the monthly pant instead of the monthly or weekly transmission tests are passed through tests required by this section. To sub- by the DBS provider), with channels stitute for a monthly test, activation tested varying from month to month, must include transmission of the EAS so that over the course of a given year, header codes, Attention Signal, emer- 100% of all channels are tested. gency message and EOM code and com- (2) Required Weekly Tests: ply with the visual message require- (i) EAS Header Codes and EOM ments in § 11.51. To substitute for the Codes: weekly test of the EAS header codes (A) Analog and digital AM, FM, and and EOM codes in paragraph (a)(2)(i) of TV broadcast stations must conduct this section, activation must include tests of the EAS header and EOM codes transmission of the EAS header and

738

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00748 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR Federal Communications Commission § 12.2

EOM codes. Analog and digital tele- emergency backup power for a min- vision broadcast stations, analog cable imum of twenty-four hours for assets systems, digital cable systems, wireless that are normally powered from local cable systems, and DBS providers shall commercial power and located inside comply with the aural and visual mes- central offices, and eight hours for as- sage requirements in § 11.51. Special sets that are normally powered from EAS tests at the State and Local Area local commercial power and at other levels may be conducted on daily basis locations, including cell sites, remote following procedures in State and switches and digital loop carrier sys- Local Area EAS plans. tem remote terminals. Power sources (b) Entries shall be made in EAS Par- satisfy this requirement if they were ticipant records, as specified in originally designed to provide the min- §§ 11.35(a) and 11.54(b)(13). imum backup power capacity level re- [70 FR 71038, Nov. 25, 2005] quired herein and the provider has im- plemented reasonable methods and pro- PART 12—REDUNDANCY OF cedures to ensure that the power COMMUNICATIONS SYSTEMS sources are regularly checked and re- placed when they deteriorate. LECs that meet the definition of a Class B Sec. 12.1 Purpose. company as set forth in § 32.11(b)(2) of 12.2 Backup power. this chapter and non-nationwide CMRS 12.3 911 and E911 analyses and reports. providers with no more than 500,000 subscribers are exempt from this rule. AUTHORITY: Sections 1, 4(i), 4(j), 4(o), 5(c), 218, 219, 301, 303(g), 303(j), 303(r), 332, 403, (b) LECs and CMRS providers are not 621(b)(3), and 621(d) of the Communications required to comply with paragraph (a) Act of 1934, as amended, 47 U.S.C. 151, 154(i), of this section for assets as described in 154(j), 154(o), 155(c), 218, 219, 301, 303(g), 303(j), paragraph (a) of this section where the 303(r), 332, 403, 621(b)(3), and 621(d), unless LEC or CMRS provider demonstrates, otherwise noted. through the reporting requirement as SOURCE: 72 FR 37673, July 11, 2007, unless described in paragraph (c) of this sec- otherwise noted. tion, that such compliance is precluded by: § 12.1 Purpose. (1) Federal, state, tribal or local law; The rules in this part include re- (2) Risk to safety of life or health; or quirements that will help ensure the (3) Private legal obligation or agree- resiliency, redundancy and reliability ment. of communications systems, particu- larly 911 and E911 networks and/or sys- (c) Within six months of the effective tems. date of this requirement, LECs and CMRS providers subject to this section § 12.2 Backup power. must file reports with the Chief of the (a) Except to the extent set forth in Public Safety & Homeland Security § § 12.2(b) and 12.2(c)(4) of the Commis- Bureau. sion’s rules, local exchange carriers, in- (1) Each report must list the fol- cluding incumbent local exchange car- lowing: riers and competitive local exchange (i) Each asset that was designed to carriers (collectively, LECs), and com- comply with the applicable backup mercial mobile radio service (CMRS) power requirement as defined in para- providers, as defined in § 20.9 of this graph (a) of this section; chapter, must have an emergency (ii) Each asset where compliance backup power source (e.g., batteries, with paragraph (a) of this section is generators, fuel cells) for all assets precluded due to risk to safety of life necessary to maintain communications or health; that are normally powered from local (iii) Each asset where compliance commercial power, including those as- with paragraph (a) of this section is sets located inside central offices, cell precluded by a private legal obligation sites, remote switches and digital loop or agreement; carrier system remote terminals. LECs (iv) Each asset where compliance and CMRS providers must maintain with paragraph (a) of this section is

739

VerDate Nov<24>2008 14:41 Dec 08, 2009 Jkt 217200 PO 00000 Frm 00749 Fmt 8010 Sfmt 8010 Y:\SGML\217200.XXX 217200 cprice-sewell on DSK2BSOYB1PROD with CFR