[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31318]
[Federal Register: December 28, 1994]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 11, 21, 63 and 76
[FO Docket No. 91-171/91-301; FCC 94-288]
Emergency Broadcast System
AGENCY: Federal Communications Commission.
ACTION: Further notice of proposed rulemaking.
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SUMMARY: This Further Notice of Proposed Rulemaking seeks additional
information regarding certain aspects of the new Emergency Alert System
(EAS). In the same document that the Commission issued this Notice, it
issued a Report and Order which created EAS to replace the Emergency
Broadcast System (EBS) as a means of using communication facilities to
alert the public of emergencies. EAS requires cable TV systems in
addition to broadcast stations to participate, and encourages the
voluntary participation in EAS by satellite carriers, Direct Broadcast
Satellite vendors, and public service providers. It also establishes
new technical standards and operational procedures. This Notice ask for
comments related to whether the Multipoint Distribution Service (MDS),
Satellite Master Antenna TV (SMATV) systems, and Video Dial Tone should
also be required to participate in EAS. Comments are also sought on
several cable issues such as whether a defined class of small cable
systems should be exempted from participation in EAS, and how the
Commission should define small cable systems.
DATES: Comments are due on or before February 22, 1995. Reply comments
are due on or before March 24, 1995.
ADDRESSES: Comments should be sent to the Office of the Secretary,
Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:Dr. Helena Mitchell, Compliance and
Information Bureau, (202) 418-1220.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Further Notice of Proposed Rulemaking in FO Docket 91-171/91-301,
adopted November 10, 1994, and released December 9, 1994.
The full text of the Commission's Further Notice of Proposed
Rulemaking, which is in the same document as a Report and Order, is
available for inspection and copying during normal business hours in
the FCC's Public Reference Center (Room 239), 1919 M Street, NW.,
Washington, DC 20554. The complete text of this Notice also may be
purchased from the Commission's duplication contractor, International
Transcription Services, Inc., 2100 M Street, NW., Suite 140,
Washington, DC 20037, (202) 857-3800.
Synopsis of Further Notice of Proposed Rulemaking
The Commission issued a Further Notice of Proposed Rulemaking
(Notice) seeking additional information on certain aspects of the
Emergency Alert System (EAS). In the same document that the Commission
issued the Notice, it issued a Report and Order which created the
Emergency Alert System to replace the Emergency Broadcast System (EBS)
as a means of using communication facilities to alert the public of
emergencies. In the Report and Order, the Commission created a new Part
11 of its rules to regulate the Emergency Alert System. 47 CFR Part 11.
The Commission in its Notice requested comments on whether the
Multipoint Distribution Service (MDS), Satellite Master Antenna TV
(SMATV) systems and Video Dial Tone should be required to participate
in the Emergency Alert System.
The Commission also asked for comments concerning whether small
cable systems should be exempted from participation in EAS and how
small cable systems should be defined. One option would be to use the
Small Business Administration's (SBA) definition which defines a small
cable system as one with less than $11 million in gross revenues.
Another option would be to define a small system based on the number of
its subscribers such as no more than 5,000 or 1,000 subscribers, or a
combination of these criteria. The Commission also asked for comments
on whether it should exempt all cable systems meeting certain size
criteria or grant waivers on a case-by-case basis instead. Comments
were also requested on the costs and benefits of participation by small
cable systems in EAS. The Commission, moreover, asked whether there are
alternative sources of emergency information available to small cable
system subscribers, and whether the Commission should take this into
consideration in any waiver policy.
With regard to all cable systems, the Commission requested comments
whether its Emergency Alert System rules can coexist with local
regulations governing transmission of emergency communications by cable
systems, and whether the Commission should preempt the regulation of
emergency communications by cable systems.
The Commission, furthermore, proposed to require Multipoint
Distribution Service (MDS) providers to have an EAS decoder, and to
provide during an alert (1) an all channel audio message override; (2)
momentary video interrupt on all channels; (3) at least one video
message override channel; and (4) either all channel override or an
alternative means of providing emergency information to hearing
impaired subscribers. In addition, the Commission asked for comments on
the appropriate role for MDS providers in EAS; how MDS participation
should be structured; the costs and benefits of MDS participation in
EAS; whether any MDS systems, such as smaller systems, should be
exempted; and if they are required to provide EAS, the timetable for
MDS participation.
For Satellite Master Antenna TV (SMATV) systems, the Commission
requested comments regarding whether their participation in EAS should
be mandatory or voluntary, and on the costs and benefits of their
participation. In addition, comments were requested concerning a
timetable for participation if SMATV systems are required to provide
EAS.
The Commission also sought comments on whether Video Dial Tone
should be subject to EAS requirements, and, if so, whether these
requirements should be similar to those the Commission mandated for
cable systems. In discussing the application of EAS to Video Dial Tone,
comments were requested regarding the similarities and differences
between Video Dial Tone and cable systems.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980 applies to this proceeding.
5 U.S.C. Section 603. If small cable systems, MDS, SMATV and Video Dial
Tone are required to participate in EAS, they would have to make an
initial capital investment that could be substantial for some systems.
They would also be required to keep certain records.
Legal Basis
This Further Notice of Proposed Rulemaking is issued in accordance
with Sections 1, 4(i) and (o), 303(r) and 624(g) of the Communications
Act of 1934, as amended. 47 U.S.C. Sections 151, 154(i) and (o), 303(r)
and 544(g).
Comment Provision
In response to this Further Notice of Proposed Rulemaking,
interested parties may file comments on or before February 22, and
reply comments may be submitted on or before March 24, 1995. To file
formally in this proceeding, Docket 91-171/91-301, an original and six
copies of all comments must be submitted. If each Commissioner is to
receive a personal copy of comments, an original plus eleven copies
must be filed. All comments should be sent to the Office of the
Secretary, Federal Communications Commission, Washington, DC 20554. All
comments will be available for public inspection during regular
business hours at the FCC's Reference Center (Room 239), 1919 M Street,
NW., Washington, DC 20554.
Ex Parte Rules
This is a non-restricted notice and comment rulemaking proceeding.
Ex parte presentations are permitted, except during the Sunshine Agenda
period, provided they are disclosed as provided in Commission rules.
See generally 47 C.F.R. Sections 1.1202, 1.1203 and 1.1206(a).
List of Subjects
47 CFR Part 11
Emergency alert system.
47 CFR Part 21
Multipoint distribution service, Television.
47 CFR Part 63
Telephone.
47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-31318 Filed 12-27-94; 8:45 am]
BILLING CODE 6712-01-M
