[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12600-12604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5222]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-296; FCC 11-12]


Review of the Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules governing the Emergency Alert System 
(EAS) to provide for national EAS testing and collection of data from 
such tests. This will help determine whether the EAS functions as 
intended to deliver a national Presidential alert.

DATES: Effective March 8, 2011.

FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief, 
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by e-
mail at Lisa.Fowlkes@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order (Third R&O) in EB Docket No. 04-296, FCC 11-12, 
adopted on February 2, 2011, and released on February 3, 2011. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The complete text of this 
document also may be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Room, CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov.
    1. The Third R&O amends the Commission's part 11 rules governing 
the EAS to require: all EAS Participants to participate in national EAS 
tests as scheduled by the Commission in consultation with the Federal 
Emergency Management Agency (FEMA); that the first national EAS test 
use the Emergency Alert Notification (EAN), the live event code for 
nationwide Presidential alerts; that the national test replace the 
monthly and weekly EAS tests in the month and week in which it is held; 
that the Commission's Public Safety and Homeland Security Bureau 
(Bureau) provide at least two months public notice prior to any 
national test of the EAS; EAS Participants to submit test-related data 
to the Bureau within 45 days following a national EAS test; and that 
test data received from EAS Participants be treated as presumptively 
confidential, but allow test data to be shared on a confidential basis 
with other Federal agencies and State governmental emergency management 
agencies that have confidentiality protection as least equal to that 
provided by the Freedom of Information Act (FOIA). The Third R&O also 
notes that the Commission will shortly be releasing a public notice 
establishing a voluntary electronic reporting system that EAS test 
participants may use as part of their participation in the national EAS 
test. The Third R&O also delegates authority to the Bureau to 
determine, in consultation with FEMA and with other EAS stakeholders, 
as appropriate, various administrative procedures for national tests, 
including test codes to be used and pre-test outreach.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. This document contains modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It has been submitted to the Office of Management 
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection requirements contained in 
this proceeding. In addition, the Commission notes that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4),

[[Page 12601]]

it previously sought specific comment on how it might further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.
    3. In this present document, the Commission has assessed the 
effects of the information collection associated with national testing 
of the EAS, and finds that because this information collection requests 
information that is readily available and easily accessible to all EAS 
Participants, and, further, that may be submitted electronically, none 
of the requirements in the collection will pose a substantial burden 
for businesses with fewer than 25 employees.

B. Congressional Review Act

    4. The Commission will send a copy of this Third R&O in a report to 
be sent to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A).

II. Final Regulatory Flexibility Analysis

    5. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Second Further Notice of Proposed Rulemaking in 
EB Docket 04-296 (Second FNPRM). The Commission sought written comment 
on the proposals in the Second FNPRM, including comment on the IRFA. 
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Proposed Rules

    6. This Third R&O seeks to ensure that the Commission's EAS rules 
better protect the life and property of all Americans. To further serve 
this goal, this Third R&O adopts a rule to implement national testing 
of the EAS through use of a coded EAS message which will replace a 
required monthly test, and requiring logging and provision to the 
Commission of test-related diagnostic information within 45 days of the 
test.
    7. Specifically, this Third R&O:
     Requires all EAS Participants to participate in national 
EAS tests as scheduled by the Commission in consultation with FEMA;
     Requires that the first national EAS test use the EAN, the 
live event code for nationwide Presidential alerts;
     Requires that the national test replace the monthly and 
weekly EAS tests in the month and week in which it is held;
     Requires the Bureau to provide at least two months' public 
notice prior to any national test of the EAS;
     Requires EAS Participants to submit test-related data to 
the Bureau within 45 days following a national EAS test;
     Requires that test data received from EAS Participants be 
treated as presumptively confidential, but allow test data to be shared 
on a confidential basis with other Federal agencies and State 
governmental emergency management agencies that have confidentiality 
protection at least equal to that provided by the FOIA;
     Notes that the Commission will shortly be releasing a 
public notice establishing a voluntary electronic reporting system that 
EAS test participants may use as part of their participation in the 
national EAS test; and
     Delegates authority to the Bureau to determine, in 
consultation with FEMA and with other EAS stakeholders, as appropriate, 
various administrative procedures for national tests, including test 
codes to be used and pre-test outreach.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    8. There were no comments that specifically addressed the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    9. The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    10. Television Broadcasting. The SBA has developed a small business 
sized standard for television broadcasting, which consists of all such 
firms having $14 million or less in annual receipts. Business concerns 
included in this industry are those ``primarily engaged in broadcasting 
images together with sound.'' According to Commission staff review of 
BIA Publications, Inc. Master Access Television Analyzer Database, as 
of May 16, 2003, about 814 of the 1,220 commercial television stations 
in the United States had revenues of $12 million or less. We note, 
however, that, in assessing whether a business concern qualifies as 
small under the above definition, business (control) affiliations must 
be included. Our estimate, therefore, likely overstates the number of 
small entities that might be affected by our action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies. There are also 2,127 low power 
television stations (LPTV). Given the nature of this service, we will 
presume that all LPTV licensees qualify as small entities under the SBA 
size standard.
    11. Radio Stations. The revised rules and policies potentially will 
apply to all AM and commercial FM radio broadcasting licensees and 
potential licensees. The SBA defines a radio broadcasting station that 
has $7 million or less in annual receipts as a small business. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Included in this 
industry are commercial, religious, educational, and other radio 
stations. Radio broadcasting stations which primarily are engaged in 
radio broadcasting and which produce radio program materials are 
similarly included. However, radio stations that are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another NAICS number. According to 
Commission staff review of BIA Publications, Inc. Master Access Radio 
Analyzer Database on March 31, 2005, about 10,840 (95 percent) of 
11,410 commercial radio stations have revenue of $6 million or less. We 
note, however, that many radio stations are affiliated with much larger 
corporations having much higher revenue. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by our action.
    12. Wired Telecommunications Carriers. The 2007 North American 
Industry Classification System (NAICS) defines ``Wired 
Telecommunications Carriers'' as follows: ``This industry comprises 
establishments primarily engaged in operating and/or providing access 
to transmission facilities and infrastructure that they own and/or 
lease for the transmission of voice, data, text, sound, and video using 
wired telecommunications networks. Transmission facilities may be based 
on a single technology or a combination of technologies. Establishments 
in this industry use the wired telecommunications network facilities

[[Page 12602]]

that they operate to provide a variety of services, such as wired 
telephony services, including VoIP services; wired (cable) audio and 
video programming distribution; and wired broadband Internet services. 
By exception, establishments providing satellite television 
distribution services using facilities and infrastructure that they 
operate are included in this industry.'' The SBA has developed a small 
business size standard for wireline firms within the broad economic 
census category, ``Wired Telecommunications Carriers.'' Under this 
category, the SBA deems a wireline business to be small if it has 1,500 
or fewer employees. Census Bureau data for 2002 show that there were 
2,432 firms in this category that operated for the entire year. Of this 
total, 2,395 firms had employment of 999 or fewer employees, and 37 
firms had employment of 1,000 employees or more. Thus, under this 
category and associated small business size standard, the majority of 
firms can be considered small.
    13. Wired Telecommunications Carriers--Cable and Other Program 
Distribution. This category includes, among others, cable operators, 
direct broadcast satellite (DBS) services, home satellite dish (HSD) 
services, satellite master antenna television (SMATV) systems, and open 
video systems (OVS). The data we have available as a basis for 
estimating the number of such entities were gathered under a superseded 
SBA small business size standard formerly titled Cable and Other 
Program Distribution. The former Cable and Other Program Distribution 
category is now included in the category of Wired Telecommunications 
Carriers, the majority of which, as discussed above, can be considered 
small. According to Census Bureau data for 2002, there were a total of 
1,191 firms in this previous category that operated for the entire 
year. Of this total, 1,087 firms had annual receipts of under $10 
million, and 43 firms had receipts of $10 million or more but less than 
$25 million. Thus, we believe that a substantial number of entities 
included in the former Cable and Other Program Distribution category 
may have been categorized as small entities under the now superseded 
SBA small business size standard for Cable and Other Program 
Distribution. With respect to OVS, the Commission has approved 
approximately 120 OVS certifications with some OVS operators now 
providing service. Broadband service providers (BSPs) are currently the 
only significant holders of OVS certifications or local OVS franchises, 
even though OVS is one of four statutorily-recognized options for local 
exchange carriers (LECs) to offer video programming services. As of 
June 2006, BSPs served approximately 1.4 million subscribers, 
representing 1.46 percent of all MVPD households. Among BSPs, however, 
those operating under the OVS framework are in the minority. The 
Commission does not have financial information regarding the entities 
authorized to provide OVS, some of which may not yet be operational. We 
thus believe that at least some of the OVS operators may qualify as 
small entities.
    14. Cable System Operators (Rate Regulation Standard). The 
Commission has developed its own small business size standard for cable 
system operators, for purposes of rate regulation. Under the 
Commission's rules, a ``small cable company'' is one serving 400,000 or 
fewer subscribers nationwide. We have estimated that there were 1,065 
cable operators who qualified as small cable system operators at the 
end of 2005. Since then, some of those companies may have grown to 
serve over 400,000 subscribers, and others may have been involved in 
transactions that caused them to be combined with other cable 
operators. Consequently, the Commission estimates that there are now 
fewer than 1,065 small entity cable system operators that may be 
affected by the rules and policies proposed herein.
    15. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, (``Act'') also contains a size 
standard for small cable system operators, which is ``a cable operator 
that, directly or through an affiliate, serves in the aggregate fewer 
than 1 percent of all subscribers in the United States and is not 
affiliated with any entity or entities whose gross annual revenues in 
the aggregate exceed $250,000,000.'' The Commission has determined that 
there are 67,700,000 subscribers in the United States. Therefore, an 
operator serving fewer than 677,000 subscribers shall be deemed a small 
operator, if its annual revenues, when combined with the total annual 
revenues of all its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, the Commission estimates that the 
number of cable operators serving 677,000 subscribers or fewer, totals 
1,065. The Commission neither requests nor collects information on 
whether cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million, and therefore are unable, at this 
time, to estimate more accurately the number of cable system operators 
that would qualify as small cable operators under the size standard 
contained in the Act.
    16. Broadband Radio Service (FCC Auction Standard). The established 
rules apply to Broadband Radio Service (``BRS,'' formerly known as 
Multipoint Distribution Systems, or ``MDS'') operated as part of a 
wireless cable system. The Commission has defined ``small entity'' for 
purposes of the auction of BRS frequencies as an entity that, together 
with its affiliates, has average gross annual revenues that are not 
more than $40 million for the preceding three calendar years. This 
definition of small entity in the context of MDS auctions has been 
approved by the SBA. The Commission completed its MDS auction in March 
1996 for authorizations in 493 basic trading areas. Of 67 winning 
bidders, 61 qualified as small entities. At this time, we estimate that 
of the 61 small business MDS auction winners, 48 remain small business 
licensees.
    17. Wireless Telecommunications Carrier (except satellite). BRS 
also includes licensees of stations authorized prior to the auction. As 
noted above, the SBA has developed a definition of small entities for 
pay television services, Cable and Other Subscription Programming, 
which includes all such companies generating $15 million or less in 
annual receipts. This definition includes BRS and thus applies to BRS 
licensees that did not participate in the MDS auction. Information 
available to us indicates that there are approximately 392 incumbent 
BRS licensees that do not generate revenue in excess of $11 million 
annually. Therefore, we estimate that there are at least 440 (392 pre-
auction plus 48 auction licensees) small BRS providers as defined by 
the SBA and the Commission's auction rules which may be affected by the 
rules adopted herein. In addition, limited preliminary census data for 
2002 indicate that the total number of cable and other program 
distribution companies increased approximately 46 percent from 1997 to 
2002.
    18. Educational Broadband Service. The proposed rules would also 
apply to Educational Broadband Service (``EBS,'' formerly known as 
Instructional Television Fixed Service or ``ITFS'') facilities operated 
as part of a wireless cable system. The SBA definition of small 
entities for pay television services, Cable and Other Subscription 
Programming also appears to apply to EBS. There are presently 2,032 EBS 
licensees. All but 100 of these licenses are held by educational 
institutions. Educational institutions are included in the definition 
of a small business.

[[Page 12603]]

However, we do not collect annual revenue data for EBS licensees, and 
are not able to ascertain how many of the 100 non-educational licensees 
would be categorized as small under the SBA definition. Thus, we 
tentatively conclude that at least 1,932 are small businesses and may 
be affected by the proposed rules.
    19. Incumbent Local Exchange Carriers (LECs). We have included 
small incumbent LECs in this present IRFA analysis. As noted above, a 
``small business'' under the RFA is one that, inter alia, meets the 
pertinent small business size standard (e.g., a telephone 
communications business having 1,500 or fewer employees), and ``is not 
dominant in its field of operation.'' The SBA's Office of Advocacy 
contends that, for RFA purposes, small incumbent LECs are not dominant 
in their field of operation because any such dominance is not 
``national'' in scope. We have therefore included small incumbent local 
exchange carriers in this RFA analysis, although we emphasize that this 
RFA action has no effect on Commission analyses and determinations in 
other, non-RFA contexts. Neither the Commission nor the SBA has 
developed a small business size standard specifically for incumbent 
local exchange services. The appropriate size standard under SBA rules 
is for the category Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 1,303 carriers have reported that they 
are engaged in the provision of incumbent local exchange services. Of 
these 1,303 carriers, an estimated 1,020 have 1,500 or fewer employees 
and 283 have more than 1,500 employees. Consequently, the Commission 
estimates that most providers of incumbent local exchange service are 
small businesses that may be affected by our proposed rules.
    20. Competitive (LECs), Competitive Access Providers (CAPs), 
``Shared-Tenant Service Providers,'' and ``Other Local Service 
Providers.'' Neither the Commission nor the SBA has developed a small 
business size standard specifically for these service providers. The 
appropriate size standard under SBA rules is for the category Wired 
Telecommunications Carriers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. According to Commission 
data, 769 carriers have reported that they are engaged in the provision 
of either competitive access provider services or competitive local 
exchange carrier services. Of these 769 carriers, an estimated 676 have 
1,500 or fewer employees and 93 have more than 1,500 employees. In 
addition, 12 carriers have reported that they are ``Shared-Tenant 
Service Providers,'' and all 12 are estimated to have 1.500 or fewer 
employees. In addition, 39 carriers have reported that they are ``Other 
Local Service Providers.'' Of the 39, an estimated 38 have 1,500 or 
fewer employees and one has more than 1,500 employees. Consequently, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, ``Shared-Tenant Service 
Providers,'' and ``Other Local Service Providers'' are small entities 
that may be affected by our proposed rules.
    21. Satellite Telecommunications. The Commission has not developed 
a small business size standard specifically for providers of satellite 
service. The appropriate size standard under SBA rules is for Satellite 
Telecommunications. Under that category, such a business is small if it 
has $15 million or less in average annual receipts. Under the category 
of Satellite Telecommunications, Census Bureau data for 1997 show that 
there were a total of 324 firms that operated for the entire year. Of 
this total, 273 firms had annual receipts of under $10 million, and an 
additional twenty-four firms had receipts of $10 million to 
$24,999,999. Thus, the majority of Satellite Telecommunications firms 
can be considered small.
    22. All Other Telecommunications. This category includes 
``establishments primarily engaged in * * * providing satellite 
terminal stations and associated facilities operationally connected 
with one or more terrestrial communications systems and capable of 
transmitting telecommunications to or receiving telecommunications from 
satellite systems.'' Under that category, which is defined by the SBA, 
such a business is small if it has $25 million or less in average 
annual receipts. Of this total, 424 firms had annual receipts of $5 
million to $9,999,999 and an additional 6 firms had annual receipts of 
$10 million to $24,999,990. Thus, under this second size standard, the 
majority of firms can be considered small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    23. This Third R&O requires that EAS Participants record and submit 
to the Commission the following test-related diagnostic information for 
each alert received from each message source monitored at the time of 
the national test: (1) Whether they received the alert message during 
the designated test; (2) whether they retransmitted the alert; and (3) 
if they were not able to receive and/or transmit the alert, their `best 
effort' diagnostic analysis regarding the cause or causes for such 
failure. It also requires EAS Participants to provide us with a 
description of their station identification and level of designation 
(PEP, LP-1, etc.); the date/time of receipt of the EAN message by all 
stations; the date/time of PEP station acknowledgement of receipt of 
the EAN message to FOC; the date/time of initiation of actual broadcast 
of the Presidential message; the date/time of receipt of the EAT 
message by all stations; who they were monitoring at the time of the 
test, and the make and model number of the EAS equipment that they 
utilized. These requirements are intended to advance our public safety 
mission and enhance the performance of the EAS while reducing 
regulatory burdens wherever possible.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    24. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): ``(1) the 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.''
    25. The rules are designed to minimally impact all EAS 
participants, including small entities, while at the same time 
protecting the lives and property of all Americans, which confers a 
direct benefit on small entities. The Second FNPRM sought comment on 
how the Commission may better protect the lives and property of 
Americans. In commenting on this goal, commenters were invited to 
propose steps that the Commission may take to further minimize any 
significant economic impact on small entities. When considering 
proposals made by other parties, commenters were invited to propose 
significant alternatives that serve the goals of these proposals.
    26. No commenters disputed the proposed requirement that all EAS 
Participants to participate in national EAS tests as scheduled by the 
Commission in consultation with

[[Page 12604]]

FEMA. While some commenters opposed a requirement that the first 
national EAS test use the EAN, the live event code for nationwide 
Presidential alerts, there is at present no other way to test the 
entire system for propagation of a national-level EAS alert. No 
commenter opposed the requirement that the national test replace the 
monthly and weekly EAS tests in the month and week in which it is held 
and this requirement in fact serves to minimize burdens on all 
participants be relieving them of certain testing obligations. While 
some commenters sought more than two months notice, the Order requires 
the Bureau to provide at least two months' public notice prior to any 
national test of the EAS. The impact on small entities will be a factor 
considered by the Bureau in making its determination of notice period.
    27. The new rule requires EAS Participants to submit test-related 
data to the Bureau within 45 days following a national EAS test. This 
was an extension of the 30 days initially proposed in the Second FNPRM 
and will minimize the burden on all participants. A number of 
commenters requested the ability to submit the required test data 
electronically and this Third R&O provides for this alternative method 
of data submission, also lessening the economic impact on all entities. 
The requirement that test data received from EAS Participants be 
treated as presumptively confidential, but allowing test data to be 
shared on a confidential basis with other Federal agencies and State 
governmental emergency management agencies that have confidentiality 
protection at least equal to that provided by the Freedom of 
Information Act (FOIA), has no economic impact on small entities. In 
delegating authority to the Bureau to determine, in consultation with 
FEMA and with other EAS stakeholders, as appropriate, various 
administrative procedures for national tests, including test codes to 
be used and pre-test outreach, the Commission has instructed the Bureau 
to factor in the needs of all stakeholders, including small business 
entities.
    28. Report to Congress: The Commission will send a copy of the 
Third R&O including this FRFA, in a report to be sent to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act. In addition, the Commission will send a copy of the Third 
R&O, including this FRFA, to the Chief Counsel for Advocacy of the SBA. 
A copy of the Third R&O and FRFA (or summaries thereof) will also be 
published in the Federal Register.

III. Ordering Clauses

    29. Accordingly, it is ordered that pursuant to sections 1, 2, 
4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g),706 and 715 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
154(i) and (o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, 
and 615, this Third Report and Order is adopted.
    30. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 11

    Radio, Television, Emergency alerting.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 11 as follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.


0
2. Revise Sec.  11.61(a)(3) to read as follows:


Sec.  11.61  Tests of EAS procedures.

    (a) * * *
    (3) National Tests. (i) All EAS Participants shall participate in 
national tests as scheduled by the Commission in consultation with the 
Federal Emergency Management Agency (FEMA). Such tests will consist of 
the delivery by FEMA to PEP/NP stations of a coded EAS message, 
including EAS header codes, Attention Signal, Test Script, and EOM 
code. All other EAS Participants will then be required to relay that 
EAS message. The coded message shall utilize EAS test codes as 
designated by the Commission's rules.
    (ii) A national test shall replace the required weekly and monthly 
tests for all EAS Participants, as set forth in paragraphs (a)(1) and 
(a)(2) of this section, in the week and month in which it occurs.
    (iii) Notice shall be provided to EAS Participants by the 
Commission at least two months prior to the conduct of any such 
national test.
    (iv) Test results as required by the Commission shall be logged by 
all EAS Participants and shall be provided to the Commission's Public 
Safety and Homeland Security Bureau within forty five (45) days 
following the test.
* * * * *
[FR Doc. 2011-5222 Filed 3-7-11; 8:45 am]
BILLING CODE 6712-01-P