[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Rules and Regulations]
[Pages 5950-5951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2863]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 11 and 76
[FO Docket No. 91-171, 91-301; FCC 98-329]
Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Termination of rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this Third Report and Order the FCC determined that cable
systems should not be required to install channel override equipment in
order to prevent EAS messages from appearing on specific channels on a
cable system. In the Second Further Notice and Proposed Rule Making 63
FR 29660, June 1, 1998, the Commission requested comment regarding the
effectiveness of proposed rule amendments that would require cable
systems to purchase and install equipment to prevent EAS messages from
overriding broadcast stations programming carried on a cable system.
Commission rules allow broadcast stations and cable system operators to
enter into voluntary written agreements that prevent broadcast program
interruption. After review of the record it was determined that the
Commission should not mandate rules to require broadcast channel
overrides.
[[Page 5951]]
FOR FURTHER INFORMATION CONTACT: Frank Lucia, Compliance and
Information Bureau, (202) 418-1220.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Third
Report and Order in FO Dockets 91-171/91-301, adopted December 14,
1998, and released December 23, 1998.
The full text of this Federal Communications Commission's (FCC)
Third 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, N.W., 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 Third Report and Order
The FCC adopted a Third Report and Order which declined to mandate
rules that require the installation of selective channel switching
equipment at cable systems. This equipment prevents program
interruption on broadcast channels carried on cable systems during
cable initiated EAS activations. The FCC has not changed or amended the
rules that provide for cable and broadcast stations entering into
voluntary written agreements that prevent EAS interruption to a
broadcast station. Finally, the Third Report and Order also rejected
arguments to preempt provisions of local franchise agreements that
require local emergency messages. The record indicates that many local
municipalities use cable franchise agreements as a primary means of
alerting residents to non-weather related local emergencies.
Background
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 and Further Notice
of Proposed Rulemaking 59 FR 67090, December 28, 1994. This proceeding
directed broadcast stations and cable system participation in EAS. In
our Memorandum Opinion and Order, 10 FCC Rcd 11494 (1995), we responded
to petitions for reconsideration filed regarding the Report and Order
and Further Notice of Proposed Rulemaking. We found no merit in
arguments asserting that the statutory language exempts local broadcast
station programming from interruption by cable system EAS requirements.
The Memorandum Opinion and Order also rejected NAB's arguments that EAS
interruptions violate provisions set forth in the Copyright Act and the
Commissions must carry rules.
The Second Report and Order, which was released in September of
1997, modified some of the requirements in the Report and Order and
addressed issues raised in the FNPRM that applied to wired and wireless
cable systems. The Second Report and Order also declined to exercise
preemption of local cable franchise agreements unless a jurisdiction
takes action that interferes with the national warning functions of
EAS.
Legal Basis
Authority for issuance of this Third Report and Order is contained
in Sections 4(i), 257, 303(b), 303(g), 303(r), 309(j), and 332(a) of
the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i),
257, 303(b), 303(g), 303(r), 309(j), and 332(a).
List of Subjects
47 CFR Part 11
Emergency alert system.
47 CFR Part 76
Cable television.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-2863 Filed 2-5-99; 8:45 am]
BILLING CODE 6712-01-P