1 April 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------- [Federal Register: April 1, 1998 (Volume 63, Number 62)] [Proposed Rules] [Page 15806-15808] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01ap98-32] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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