[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Proposed Rules]
[Pages 15806-15808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8500]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[FO Docket No. 91-171, 91-301; FCC 98-33]
Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This Second Further Notice of Proposed Rule Making seeks
comment regarding proposed rules that would prohibit cable systems from
overriding local broadcaster's emergency related programming with
voluntary state and/or local level Emergency Alert System (EAS)
messages. The Commission also seeks to insure that EAS rules will allow
members of the public to receive the most current and accurate
emergency information possible, whether the information is originated
by a cable operator, or an over the air broadcast station.
Cost information related to the purchase and installation of
selective channel override equipment at cable systems is requested.
Cable systems may need to install this equipment if rules requiring
local broadcasters emergency programming be uninterrupted by cable
systems EAS warnings are adopted. The Commission requests comment as to
[[Page 15807]]
who should bear cost related to this additional switching equipment.
DATES: Comments due by April 20, 1998; Reply comments due by May 5,
1998.
ADDRESSES: To file formally in this proceeding, you must file an
original and four copies of all comments, reply comments, and
supporting comments. If you want each Commissioner to receive a
personal copy of your comments, you must file an original plus nine
copies. You should send comments and reply comments to the Office of
the Secretary, Federal Communications Commission, Washington, D.C.
20554. Formal and informal comments and reply comments will be
available for public inspection during regular business hours in the
FCC Reference Center of the Federal Communications Commission, Room
239, 1919 M Street, NW., Washington, D.C. 20554
FOR FURTHER INFORMATION CONTACT: EAS Staff, Compliance and Information
Bureau, (202) 418-1220.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Second Further Notice of Proposed Rule Making in FO Dockets 91-171/91-
301, adopted March 4, 1998, and released March 19, 1998.
The full text of this Second Further Notice of Proposed Rule Making
is available for inspection and copying during normal business hours in
the FCC's Public Reference Center (Room 239), 1919 M Street, NW.,
Washington, D.C. 20554. The complete text may also be purchased from
the Commission's duplication contractor, International Transcription
Service, Inc., 1231 20th Street, NW, Washington, D.C. 20336; phone:
(202) 857-3800, facsimile: (202) 857-3805.
Synopsis of Second Further Notice of Proposed Rule Making
The FCC adopted a Second Further Notice of Proposed Rule Making
requesting comment regarding rules that would require cable systems to
prevent the interruption of local broadcast station emergency
programming when activating their EAS equipment during voluntary state
and/or local activations.
EAS replaced the Emergency Broadcast System (EBS), and uses various
communications technologies, such as broadcast stations and cable
systems, to alert the public regarding national, state and local
emergencies. EAS, compared to EBS, includes more sources capable of
alerting the public and specifies new equipment standards and
procedures to improve alerting capabilities.
In 1994, the Commission issued a Report and Order (59 FR 67090;
December 28, 1994) in this proceeding dealing largely with the
participation by broadcast stations in EAS, but also directing that
wired cable TV systems participate, and specifying the nature of this
participation. The Report and Order added a new Part 11 to the FCC's
rules containing EAS regulations. At the same time, the Commission
issued a Further Notice of Proposed Rule Making (FNPRM) (59 FR 67104;
December 28, 1994). The Second Report and Order (Second R&O) modified
the requirements in the Report and Order applying to cable systems and
addressed issues raised in the FNPRM. The Second R&O established dates
that phase cable systems into EAS participation. This phase in process
was done in order to ease the economic burden that EAS and related
equipment impose on cable systems that serve less than 5,000
subscribers.
The Second Further Notice of Proposed Rule Making seeks comment
regarding amending Commission rules to insure that the public has
access to the most accurate and relevant emergency information
available. Many broadcast television stations maintain independent news
and weather gathering facilities and personnel that may provide the
public with emergency information. Any state or local information
provided by these station resources may then be transmitted to the
public as part of the station's programming and is not required to be
sent via an EAS activation. The EAS rules require activations only in
the event of a national emergency or for testing purposes.
On December 31, 1998, cable systems are scheduled to begin
participation in EAS. Cable headend facilities, in many instances,
operate in an automated or unattended manner often without news or
weather department support. Commission rules currently require most
cable systems to place an aural and visual message on all channels
transmitting programming, including broadcast channels that are carried
on that system, when activating the EAS equipment. Cable systems
serving less than 5,000 subscribers per headend are required to place a
visual interruption on all channels in order to alert viewers of the
presence of an EAS alert on an information channel. This information
channel will transmit the audio and visual EAS message to the cable
viewers. The Commission has also established rules that allow cable
systems to enter into written agreements with broadcasters that relieve
the cable operator from providing EAS messages on the channels of the
cable system used to transmit broadcast stations.
The Commission, noting concerns raised by broadcasters, requests
comment regarding the rules regarding broadcast channel overrides. We
seek to determine if allowing the establishment of written agreements
will allow cable subscribers viewing broadcast stations efficient
access to emergency information. We also ask if the Commission should
establish specific guidelines that broadcast stations must comply with
in order to avoid channel overrides resulting from EAS messages sent by
a cable system. The Commission is also requesting cost information
related to the purchase and installation of selective override
equipment at cable facilities. Finally, the Commission requests comment
on which party should bear any additional cost of this equipment, the
broadcaster, the cable system or a combination of the two.
Paperwork Reduction Act of 1995
This Second Further Notice of Proposed Rule Making does not contain
either a proposed or modified information collection.
Regulatory Flexibility Analysis
As required by section 603 of the Regulatory Flexibility Act, the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. Written public comments are requested on
the IRFA. We also seek comment on the number of entities affected by
the proposed rules that are small businesses, and request that
commenters identify whether they themselves are small businesses. These
comments must be filed in accordance with the same filing deadlines as
comments on the rest of the Second Further Notice of Proposed Rule
Making, but they must have a separate and distinct heading designating
them as responses to the Initial Regulatory Flexibility Analysis.
Legal Basis
The Second Further Notice of Proposed Rule Making is issued under
the authority contained in Sections 4(i), 4(j), 303(r), 624(g) and 706
(c) of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 154(i), 154(j), 303(b), 303(r), 544(g) and 706(c).
List of Subjects in 47 CFR Part 11
Emergency alert system.
[[Page 15808]]
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-8500 Filed 3-31-98; 8:45 am]
BILLING CODE 6712-01-F
