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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Part 11 of the Commission's Rules    )    EB  Docket 

No. 01-66
Regarding the Emergency Alert System    )    RM-9156
                                )  RM-9215
                                )  

                  NOTICE OF PROPOSED RULEMAKING

Adopted:  March 13, 2001        Released:  March 20, 2001

Comment Date:  75 days after publication in the Federal Register
Reply Comment Date:  105 days after publication in the Federal 
Register

By the Commission:  Commissioner Furchtgott-Roth dissenting and 
issuing a statement.

                        I.  INTRODUCTION

     1.   In this Notice  of Proposed  Rulemaking (``NPRM''),  we 
     solicit comment on requested revisions to the Part 11  rules 
     governing the Emergency Alert System (``EAS'')1 set forth in 
     petitions for rulemaking filed  by the National Oceanic  and 
     Atmospheric  Administration   (``NOAA'')  National   Weather 
     Service (``NWS'')2 and  the Society  of Broadcast  Engineers 
     (``SBE'').3  In addition,  we propose to  revise Part 11  of 
     the  Rules  to  eliminate  references  to  the   now-defunct 
     Emergency Action  Notification  (``EAN'')  network  and  its 
     participants.  We also  propose to amend  Part 11 to  delete 
     the requirement that  international High Frequency  (``HF'') 
     broadcast stations purchase and install EAS equipment.

                           II.  BACKGROUND

     2.   In 1994, the Commission adopted rules establishing  the 
     EAS as  a replacement  for  the Emergency  Broadcast  System 
     (``EBS'') and requiring cable  systems as well as  broadcast 
     stations to participate  in EAS.4   The Commission  extended 
     the EAS  requirements to  wireless cable  systems in  1997.5  
     The EAS affords  national, state and  local authorities  the 
     capability   to   provide   emergency   communications   and 
     information to the  general public  via broadcast  stations, 
     cable systems and wireless cable systems.  Participation  in 
     national EAS  alerts is  mandatory for  broadcast  stations, 
     cable systems and wireless  cable systems.6  These  entities 
     participate in state and local area EAS plans on a voluntary 
     basis.  Broadcast stations were required to install the  new 
     EAS equipment by January 1, 1997.  Cable systems with 10,000 
     or  more  subscribers  were  required  to  install  new  EAS 
     equipment by December  31, 1998.  Cable  systems with  fewer 
     than 10,000  subscribers  and  wireless  cable  systems  are 
     required to install EAS equipment by October 1, 2002.7 

     3.   The EAS equipment used by broadcast stations and  cable 
     systems sends and receives  messages using a precise  format 
     called the EAS protocol.  Each  EAS message has four  parts:  
     digital header codes, a two-tone attention signal, an  audio 
     and/or video  message,  and an  End  of Message  code.   The 
     header codes  define who  originated the  emergency  message 
     (originator code), the nature of the emergency (event code), 
     the location of the emergency (location code), and the valid 
     time period of the message.  The two-tone attention  signal, 
     which must be  transmitted for a  minimum of eight  seconds, 
     provides  an  audio  alert   to  audiences  that   emergency 
     information is about to be sent. 

     4.   NWS filed its petition  for rulemaking on December  30, 
     1997.8   The  Commission  staff   issued  a  public   notice 
     announcing the  filing  of  NWS's petition  on  January  14, 
     1998.9  Comments were filed by SBE.  NWS plays a significant 
     role in the implementation of  the EAS as the originator  of 
     emergency weather  information. The  EAS protocol  described 
     above is  identical  to  the NOAA  Weather  Radio  (``NWR'') 
     Specific Area Message  Encoding (``SAME'') technique,  which 
     NWS uses to transmit  messages over NWR transmitters  around 
     the country.  NWR-SAME messages are transmitted on over  500 
     NWR transmitters throughout the  country, and NWS has  plans 
     to add over 200 more transmitters.  Many broadcast  stations 
     and cable  systems directly  monitor NWR  transmissions  and 
     relay the NWS messages to their audiences over the EAS.   In 
     order to ensure that there is equipment operability  between 
     the EAS and NWR-SAME systems, the Part 11 rules specifically 
     provide that EAS  codes must  be compatible  with the  codes 
     used by  NWR-SAME.10  In  its petition  for rulemaking,  NWS 
     requests numerous  additions and  modifications to  the  EAS 
     header codes.  NWS also seeks revisions to the EAS equipment 
     requirements which  it  believes are  necessary  to  promote 
     smoother operations and compatibility  between EAS and  NWR-
     SAME systems.

     5.   SBE filed  its petition  for rulemaking  on August  14, 
     1997.   The  Commission   staff  issued   a  public   notice 
     announcing the  filing  of  SBE's  petition  on  August  22, 
     1997.11  Comments were filed by the National Association  of 
     Broadcasters  (``NAB''),  Fox   Television  Stations,   Inc. 
     (``Fox''), Multi-Technical Services, Inc. (``MTS''), and the 
     West Virginia Broadcasters Association.  Reply comments were 
     filed by SBE.  In the  petition, SBE requests additions  and 
     modifications to the  EAS header  codes.  Additionally,  SBE 
     seeks various  revisions to  the operational  and  technical 
     requirements for  EAS.  Among  other  things, SBE  seeks  to 
     modify EAS testing requirements, make the two-tone attention 
     signal optional, reduce the modulation level for EAS  codes, 
     establish a protocol for  text transmissions, and allow  the 
     carriage of the audio portion  of a President's EAS  message 
     from a non-EAS source. 

                       III.    DISCUSSION

     6.   The proposals set forth for  comment in this NPRM  are, 
     for the most  part, intended to  enhance the performance  of 
     the EAS  during  state  and  local  emergencies.   While  we 
     recognize that EAS plays an important role at the state  and 
     local levels, we emphasize  that participation in state  and 
     local EAS activities remains voluntary.   We do not wish  to 
     impose additional costs or burdens on broadcast stations and 
     cable systems that  choose not to  participate in state  and 
     local area EAS plans.  Further, we wish to fully  understand 
     the costs and benefits that  might result from our  possible 
     endorsement of the  changes NWS  has proposed  to state  and 
     local emergency warnings.   As a result,  we are  requesting 
     specific cost  information  below  and  will  evaluate  that 
     information carefully.  

     EAS Codes

     7.   Event Codes.  Event codes  are three-letter codes  used 
     in the transmission of EAS messages that identify the nature 
     of  the  event  or  emergency   that  is  causing  the   EAS 
     activation.  A list of authorized  event codes is set  forth 
     in Section  11.31(e) of  the  Rules.12  This  list  includes 
     codes for national EAS events and tests, which  broadcasters 
     and cable systems are required to receive and transmit,  and 
     codes for state and local EAS events, which broadcasters and 
     cable systems voluntarily participating  in state and  local 
     area EAS plans may transmit on an optional basis.13

     8.   NWS requests a number of  modifications to the list  of 
     authorized  event  codes.   First,  NWS  requests  that  the 
     Commission adopt  a naming  convention for  state and  local 
     event codes.14   Under the  naming convention  suggested  by 
     NWS, the third letter of all hazardous state and local event 
     codes would be limited  to one of  four letters:  ``W''  for 
     warnings, ``A''  for  watches, ``E''  for  emergencies,  and 
     ``S'' for  statements.15   Events that  pose  a  significant 
     threat  to  public  safety  and/or  property,  have  a  high 
     probability of  occurrence  in  a particular  location,  and 
     have  a  relatively  short   onset  time  would  be   titled 
     ``warnings.''  Events would be titled ``watches'' where they 
     pose a significant threat to public safety and/or  property, 
     but either the  onset time or  probability of occurrence  or 
     location is  uncertain.  The  title ``emergency''  would  be 
     reserved for  future  applications  that  do  not  meet  the 
     definition of warning or watch but are of such a nature that 
     the  information  is  important   and  may  require   public 
     response.    Follow-up   messages   would   be   titled   as 
     ``statements.''  NWS states that the naming convention would 
     make possible  a wider  range of  consumer products  without 
     lessening the current capabilities  of the EAS or  NWR-SAME.  
     SBE endorses the suggested naming convention, noting that it 
     will make it much easier to design consumer grade  equipment 
     which allows consumers to select  the events for which  they 
     wish to be alerted.16  

     9.   We  seek  comment  on  whether  the  suggested   naming 
     convention should be adopted.  We note that adoption of  the 
     naming convention  would require  revision of  the  existing 
     event codes for Tornado  Warning (TOR), Severe  Thunderstorm 
     Warning (SVR) and Evacuation Immediate (EVI) to TOW, SVW and 
     IEW, respectively.  Adding  the revised  codes and  deleting 
     the existing codes for these three events would require  any 
     broadcast station or cable system that wishes to participate 
     in state and local EAS alerts  to modify or upgrade its  EAS 
     equipment to handle the revised codes.  In addition, we seek 
     comment on ways to ease the transition in the event that  we 
     adopt the naming convention.  Specifically, we seek  comment 
     on whether we should add the revised codes suggested by  NWS 
     for Tornado,  Severe Thunderstorm  and Evacuation  Warnings, 
     while also retaining the existing codes for these events for 
     some  specified   length   of  time   to   allow   continued 
     functionality of existing EAS equipment through its expected 
     lifespan.  Based on discussions between Commission staff and 
     NWS, we believe that NWS has the capability to transmit both 
     the existing codes  and the  revised codes  for these  three 
     events.  We  seek  comment  on what  issues  arise  for  EAS 
     participants if NWS  transmits both the  existing codes  and 
     the revised codes for these three events.  

     10.  We are mindful  that the Commission  has only  recently 
     adopted final rules  requiring that  broadcast stations  and 
     cable  systems  install  EAS  equipment.17   Thus,  we   are 
     particularly  interested  in  ascertaining  any  costs  that 
     broadcast   stations   and   cable   systems   participating 
     voluntarily in state and local  EAS alerts may incur if  the 
     naming convention is adopted.18   In addition, to assist  us 
     in determining the best course to take, we request  specific 
     comment on  the  following  questions:  Is  it  possible  to 
     modify all  existing EAS  equipment to  receive the  revised 
     codes through software upgrades or will hardware upgrades be 
     required?   What  will  it  cost  to  upgrade  existing  EAS 
     equipment to receive the revised codes? Will some  broadcast 
     stations and cable systems simply choose not to  participate 
     voluntarily in state and local  EAS alerts rather than  make 
     the modifications?   If  so,  how many  and  how  does  this 
     balance with  the benefits  of the  new codes?   How can  we 
     ensure that revisions to state and local event codes do  not 
     cause an emergency warning to be missed?  What happens to an 
     EAS decoder  that has  not been  upgraded if  it receives  a 
     revised code transmitted  by NWS?  What  issues arise if  we 
     authorize the continued use of  EAS equipment that can  only 
     receive the existing codes for an indefinite period of time?  
     What is the expected lifespan of existing EAS equipment?  If 
     we authorize the manufacture and sale of EAS equipment  with 
     the existing codes for a specified period of time, how  long 
     should we give manufacturers  and distributors to reduce  or 
     upgrade existing stock?  Additionally,  if we authorize  the 
     continued use of  EAS equipment  that can  only receive  the 
     existing codes  for a  specified period  of time,  how  long 
     should  we  give  broadcast   stations  and  cable   systems 
     participating voluntarily in state  and local EAS alerts  to 
     replace or upgrade EAS equipment?  Finally, if we adopt  the 
     revised and new EAS codes, will there be any adverse effects 
     or additional costs on broadcast stations and cable  systems 
     that transmit digital signals? 

     11.  NWS also  requests  that we  add  new event  codes  for 
     emergency conditions  not  included  in  the  current  list, 
     modify the titles of two  existing codes to include  weather 
     events that are likely to occur in tandem, and add new event 
     codes  for  certain  administrative  messages  and   non-EAS 
     applications.19  The  Commission  has  also  received  other 
     recommendations for new event codes.  A complete listing  of 
     the existing  and recommended  event  codes is  attached  as 
     Appendix A.  We seek comment on whether we should amend  the 
     rules to add the recommended  event codes.  In addition,  we 
     seek comment on  whether there  are other  event codes  that 
     should be added  to the  list.  We also  request comment  on 
     what equipment modifications  would be  needed to  implement 
     the  recommended   changes  and   on  the   costs  of   such 
     modifications.  Further, we seek comment on what effect  the 
     addition of these new event codes would have on existing EAS 
     equipment that is not capable of receiving these codes.

     12.  SBE suggests that the Commission include a cancellation 
     code for each event  code in the current  list and for  each 
     event code that will be added to the list.20  In SBE's view, 
     cancellation codes are needed for situations where a warning 
     can be cancelled prior to  its issued expiration time.   SBE 
     notes that in some cases the warning code has been  reissued 
     to announce cancellation of the event, but the EAS generated 
     crawl made it  appear that the  warning was being  reissued.  
     NAB supports  SBE's suggestion  to add  cancellation  codes, 
     asserting that  this  change  would consider  the  needs  of 
     broadcasters as  well  as  the need  of  the  listening  and 
     viewing  public   to  be   informed  during   an   emergency 
     situation.21  We  are not  convinced that  the  cancellation 
     codes suggested  by  SBE  are necessary,  but  seek  further 
     comment   on   this   suggestion.    We   question   whether 
     cancellation codes  are necessary  given that  EAS  messages 
     already contain a code that specifies the valid time  period 
     of the  message.   In particular,  we  seek comment  on  how 
     frequently situations arise where a warning can be cancelled 
     prior to its issued expiration  time.  In addition, we  seek 
     comment on what equipment  modifications would be needed  to 
     implement cancellation  codes  and  on  the  costs  of  such 
     modifications.

     13.  Location Codes.  Location codes are six-digit numerical 
     codes used in the transmission of EAS messages that indicate 
     what geographic  areas  may  be affected  by  an  emergency.  
     These codes have three  separate parts.  The ``SS''  portion 
     of the location code is  a two-digit number that  identifies 
     the state or  territory in which  the emergency is  located.  
     The ``CCC'' portion  of the location  code is a  three-digit 
     number that identifies  the county or  city affected by  the 
     emergency.  The  ``P''  portion  of  the  location  code  is 
     optional and  allows  the  message originator  to  divide  a 
     county into nine sections  to further pinpoint the  affected 
     portion of the county.  The  ``SS'' and ``CCC'' numbers  are 
     unique Federal  Information Processing  Standard  (``FIPS'') 
     numbers assigned by the National Institute of Standards  and 
     Technology.   The  ``SS''  numbers  are  listed  in  Section 
     11.31(f) of the Rules.22  The ``CCC'' numbers are  contained 
     in the State EAS Mapbook.

     14.  NWS requests that  we add new  location codes to  cover 
     marine areas,  which  are  not  presently  included  in  the 
     location codes specified in Section 11.31(f) of the Rules.23  
     The marine areas are immediate  offshore areas likely to  be 
     affected by extreme weather conditions and are identified by 
     two-digit numbers that would comprise the ``SS'' portion  of 
     the location code.24  A listing of the marine location codes 
     requested by NWS is attached as Appendix B.  We seek comment 
     on whether we should include these location codes in Section 
     11.31.  We also seek comment on what equipment modifications 
     would be needed to implement  this request and on the  costs 
     of such  modifications.  Further,  we seek  comment on  what 
     effect the addition of these new marine location codes would 
     have on  existing  EAS  equipment that  is  not  capable  of 
     receiving these codes.

     15.  NWS and  SBE both  request the  addition of  an  entire 
     country location code.   SBE states that  an entire  country 
     location code  is needed  so that  multiple alerts  are  not 
     necessary to  activate the  entire country  when a  national 
     level emergency situation arises.25  NWS recommends that the 
     000000 location code be used for a message affecting all  or 
     a large portion of the country.  We seek comment on  whether 
     we  should  ask  the  Federal  Emergency  Management  Agency 
     (``FEMA'') to use the 000000  location code when a  national 
     level EAS message is  originated by the federal  government.  
     We also  request  comment on  whether  this would  have  any 
     effect on existing EAS equipment.  

     16.  In  addition,  NWS  points  out  that  since   consumer 
     products only respond to receipt of the county location code 
     programmed into the  unit, which is  usually the  consumer's 
     location, the  consumer products  would not  respond to  the 
     000000 location code.  To remedy this problem, NWS  suggests 
     that when the EAS equipment at broadcast stations and  cable 
     systems receive a national level EAS message, the  equipment 
     could, in addition to retransmitting the event code and  the 
     accompanying 000000 location code, also trigger transmission 
     of all  of  the  county location  codes  stored  within  the 
     equipment.   This   ``triggering''  proposal   would   allow 
     consumer products that activate only upon the location  code 
     for the  county  in  which  the product  is  located  to  be 
     activated for  national  EAS  messages  accompanied  by  the 
     000000 location code.  We are concerned that adoption of the 
     ``triggering'' proposal would require costly modification of 
     existing equipment at broadcast stations and cable  systems.  
     However, we seek comment on whether we should permit this as 
     an optional feature of EAS  equipment.  Further, we are  not 
     aware of any  significant number of  consumer devices  which 
     rely upon EAS transmissions of broadcast stations and  cable 
     systems.  We  seek  comment  on the  existence  of  consumer 
     devices which monitor broadcast  stations and cable  systems 
     rather than NWS weather transmitters.

     17.  NWS also  requests  that  we  permit  the  use  of  any 
     combination of  the standard  alphabet  and numbers  in  the 
     ``CCC'' portion  of the  location code.26   NWS states  that 
     organizations responsible  for  the  warning  communications 
     associated with special facilities  - such as nuclear  power 
     plants, chemical,  biological  and nuclear  weapons  storage 
     facilities, and  plants  that produce  and  store  hazardous 
     materials - are now  using or evaluating the  use of NWR  as 
     their primary  radio  communications system.   Allowing  the 
     geographic code blocks to  include both numbers and  letters 
     plus  the   *  symbol,   NWS   says,  would   enable   these 
     organizations to create up to 1.4 million possible  location 
     code and  message  combinations.   Text  messages  could  be 
     stored  in  each  receiver  that,  depending  on  the   code 
     received, provide almost site  specific information such  as 
     shelter in place  information, evacuation  routes, and  safe 
     areas.  In its comments on  the NWS Petition, SBE  expresses 
     concern that if this  regionally customized location  coding 
     is not explicitly included in  the Part 11 rules,  equipment 
     manufacturers will  not  allow  such  flexibility  in  their 
     equipment  for   fear   of   FCC   equipment   certification 
     problems.27   In  this  regard,  SBE  states  that  it   has 
     repeatedly been  told  by  some  manufacturers  that  unless 
     coding is exactly specified in  the FCC rules, the  modified 
     or  supplemental   coding  will   not   be  put   into   the 
     manufacturer's equipment.  Thus, SBE asserts that it  cannot 
     support NWS's request for customized location coding without 
     an assurance that every bit of code customizing is expressly 
     included in Part 11.  SBE  adds that the flexibility  sought 
     by NWS with the customized  location coding could be  better 
     accomplished by adoption of SBE's suggestion for a  protocol 
     for text  transmission, which  we  discuss below.   We  seek 
     comment on NWS's request and  on the concerns raised by  SBE 
     with respect to this request.  

     18.  Originator Codes.   Originator codes  are  three-letter 
     codes used in the transmission of EAS messages that identify 
     who originally initiated the activation of the EAS.  A  list 
     of authorized  originator  codes  is set  forth  in  Section 
     11.31(d) of the Rules.28

     19.  NWS asks that we revise its originator code from WXR to 
     NWS.  While we agree with NWS that this revision would  make 
     its  originator  code  more   easily  recognizable  to   EAS 
     participants, we believe  that it raises  the same  concerns 
     discussed above  with respect  to the  revision of  existing 
     event codes to implement NWS's suggested naming  convention.  
     Adding the NWS code and deleting  the WXR code could have  a 
     substantial adverse impact on the  use of the EAS for  state 
     and local emergency purposes  because NWS is the  originator 
     of emergency weather information.  Any broadcast station  or 
     cable system that wishes to  participate in state and  local 
     EAS alerts would need to modify or upgrade its EAS equipment 
     to handle the revised code.   We seek comment on whether  we 
     should  revise  NWS's  originator  code  from  WXR  to  NWS.  
     Further, to ease the transition in the event that we  revise 
     NWS's originator code, we seek comment on whether we  should 
     add the NWS code, while also retaining the existing WXR code 
     for  some  specified  length  of  time  to  allow  continued 
     functionality of existing EAS equipment through its expected 
     lifespan. 

     20.  Equipment authorization.  EAS equipment is required  to 
     be certified  by  the  Commission  in  accordance  with  the 
     procedures  set  forth  in  Subpart  J  of  Part  2  of  the 
     Commission's Rules.29  Accordingly, we seek comment on  what 
     effect the proposed and requested revisions to the EAS codes 
     discussed above  may  have on  Commission  certification  of 
     existing EAS equipment.  In addition, we invite comment from 
     equipment manufacturers  on how  we can  make the  equipment 
     authorization process more  flexible to accommodate  changes 
     in EAS codes.  

     21.  We also seek comment on  whether, as an alternative  to 
     revising the lists of State and local EAS event and location 
     codes, we  should  amend  the  Rules  to  provide  that  any 
     modifications to existing authorized EAS equipment that  are 
     necessary to implement  revisions in EAS  codes are Class  I 
     permissive changes that do not require a new application for 
     and  grant   of  equipment   certification.30   Under   this 
     alternative,  entities  subject  to  the  Commission's   EAS 
     requirements could satisfy their obligations with  equipment 
     designed to function  with either the  existing codes or  an 
     expanded range of codes.   Additional State and local  event 
     and location codes could be developed directly by State  and 
     local officials, broadcasters and cable operators, equipment 
     manufacturers and  other  interested parties.   The  use  of 
     these codes and the equipment needed to access them would be 
     implemented on  a  permissive  basis as  determined  by  the 
     specific needs and interests of the local area participants.  
     This  approach   would  eliminate   the  need   to   conduct 
     rulemakings to revise  the State and  local event codes  and 
     location codes,  and  would afford  equipment  manufacturers 
     greater flexibility in  the design and  modification of  EAS 
     equipment.  We  request  comment  on  alternative  means  of 
     addressing the need for changed EAS codes.

EAS Testing

     22.  Current Part 11  rules require  broadcast stations  and 
     cable  systems  to  retransmit  the  Required  Monthly  Test 
     (``RMT'') within 15 minutes of receipt of the RMT message.31  
     SBE requests that we extend  the relay window for RMTs  from 
     15  minutes   to  60   minutes.32   SBE   asserts  that   if 
     broadcasters have more time to relay a RMT, they will likely 
     be able  to insert  it  into a  less disruptive  portion  of 
     programming, which will increase acceptance of EAS.  NAB and 
     Fox support this proposal.33  We tentatively conclude that a 
     longer  relay  window   for  RMTs   would  ease   scheduling 
     difficulties for  all  EAS participants  without  negatively 
     affecting EAS test procedures.   Accordingly, we propose  to 
     amend Part 11 to increase  the time for retransmitting  RMTs 
     to 60 minutes from the time of receipt of the RMTs and  seek 
     comment on this proposal. 

Modulation Level of EAS Codes

     23.  SBE requests that we reduce the modulation level of the 
     EAS codes  from  80%  to  50%  of  full  channel  modulation 
     limits.34  SBE states that in most cases the tone  insertion 
     equipment must  be  inserted  after  station  processing  to 
     attain the  required modulation  level.  According  to  SBE, 
     this  situation  is  ``adverse  to  acceptable   engineering 
     practice.''35  We  agree  with  SBE  and  propose  to  amend 
     Section 11.51(f) of the Rules to permit a minimum modulation 
     level of 50%.  We invite comment on this proposal.

     Compatibility of EAS Equipment with NWR-SAME System

     24.  NWS requests  that  we amend  Section  11.33(a)(4)  and 
     (a)(5) of the Rules to permit EAS decoders to display or log 
     receipt of only those event codes and accompanying  location 
     codes for  which the  decoder  is programmed  for  mandatory 
     receipt and  those  optionally  set by  the  device  user.36  
     Section 11.33(a)(4)  and  (a)(5) requires  EAS  decoders  to 
     display messages from any valid EAS header codes received.37  
     Therefore,    EAS    participants    monitoring     NWR-SAME 
     transmissions receive every  message transmitted, even  test 
     messages  originated  by  NWS.   We  have  received  several 
     reports from broadcasters  who were  unhappy with  receiving 
     unwanted NWS messages, and some have even stopped monitoring 
     NWR on their  EAS equipment.   To address  this problem,  we 
     seek comment on whether  we should amend  Part 11 to  permit 
     equipment manufacturers to  include an  optional feature  in 
     EAS equipment that would allow  EAS users the capability  to 
     program their EAS decoders  to select only certain  received 
     EAS messages  for  processing.   This  selection  capability 
     would only  apply to  EAS messages  that contain  state  and 
     local event codes.  Because this selection capability  would 
     be an  optional  feature  of  EAS  equipment,  existing  EAS 
     decoders  which   function   according   to   the   original 
     specifications would  still be  in compliance  with  Section 
     11.33.

     Protocol for Text Transmission

     25.  The existing EAS  rules are designed  to function  with 
     both  radio  and  television  systems  and  to   accommodate 
     information  received  in  either  audio  or  text  formats.  
     Subject to certain requirements that are intended to  ensure 
     that persons  with  disabilities have  access  to  emergency 
     information, television  broadcasters  and  cable  operators 
     participating in  the  EAS  system have  the  option  as  to 
     whether to pass audio or text information on to the  public.  
     SBE does not propose any changes in terms of these  options, 
     but requests that we  amend the Part 11  rules to include  a 
     more specific protocol for text transmission.38 If  included 
     in  the  relevant   equipment  and   utilized  by   entities 
     participating  in  the  EAS  system,  SBE  suggests  that  a 
     protocol for  text transmission  would improve  the  options 
     available to those broadcasters and cable operators desiring 
     to make  greater use  of  already formatted  text  messages.  
     This would  include, according  to SBE,  those  broadcasters 
     wishing to include detailed disaster information updates  in 
     the  next  programming   break  or   newscast  rather   than 
     immediately upon reception.  SBE maintains that the lack  of 
     a  detailed   text   transmission  capability   has   caused 
     considerable criticism of EAS, particularly from the hearing 
     impaired  community  and  local  emergency  managers.    SBE 
     suggests that EAS would have ``the ultimate capabilities  of 
     disaster warning as well as disaster follow up management if 
     the proper means of text  transmission were included in  the 
     protocol.''39   Under  SBE's  suggestion,  text  information 
     would be transmitted immediately following the existing  EAS 
     message format,  using the  existing Audio  Frequency  Shift 
     Keying (``AFSK'') technique.  By providing the text  message 
     following the existing EAS  message, SBE states that  ``text 
     can be incorporated without affecting existing decoders.''40  
     We seek comment on this suggestion, but we note that at this 
     time, we have no information or data to support the addition 
     of text messaging to the EAS system using the AFSK technique 
     or any  other  scheme.  In  addition,  we are  aware  of  no 
     comprehensive field tests that  have been conducted to  show 
     the viability  of  different text  formats.   Moreover,  SBE 
     provides no data in its petition on the costs of adding text 
     processing to EAS equipment.  Nevertheless, we seek  comment 
     on whether we should amend the rules to provide broadcasters 
     and  cable  operators  with  additional  text   transmission 
     options.

     26.  As an alternative to SBE's  suggestion, we could add  a 
     local event code (TXT) that can be used as an indicator that 
     textual information  will be  transmitted after  the End  of 
     Message code or we could  permit other modifications to  the 
     EAS codes to test text transmission techniques.  This  would 
     allow for the testing of different textual formats and could 
     eventually lead to an  industry standard.  Another  possible 
     alternative is the  transmission of  textual information  on 
     sub-carrier or auxiliary signals.  We seek comment on  these 
     alternatives.

     Use of Common EAS Equipment by Co-Located Broadcast Stations 
and Cable Systems

     27.  Under the Part  11 rules, broadcast  stations that  are 
     co-owned and  co-located with  a combined  studio and  cable 
     systems that  are co-owned  and co-located  with a  combined 
     control facility are permitted  to use a  common set of  EAS 
     equipment to  comply  with  the  EAS  rules.41   SBE  raises 
     concerns in  its  petition  regarding  co-owned,  co-located 
     ``key'' stations -- broadcast  stations that are  designated 
     as state or local primary EAS sources in their EAS plan  and 
     thus are monitored  by other stations  in their EAS  area.42  
     SBE states that since EAS equipment does not provide for the 
     relay of  a message  originated  by itself,  co-located  key 
     stations that  do not  simulcast program  originations  must 
     originate tests and alerts separately.  Because EAS encoders 
     are required to affix  date/time codes automatically to  all 
     messages,43 when the same EAS  message is originated on  co-
     located key  stations  at different  times,  two  apparently 
     separate messages for the  same event circulate through  the 
     EAS relay web, and automated, unattended, or manned stations 
     set to  automatic will  air  both messages.   SBE  therefore 
     suggests that we amend  Part 11 to  provide that where  more 
     than one of the  co-owned and co-located broadcast  stations 
     or cable systems are designated as key stations or  systems, 
     the common EAS  equipment must be  configured such that  the 
     EAS message of one key station or system is either simulcast 
     or relayed  by the  remaining key  station(s) or  system(s).  
     Although we  have  not  received  any  reports  of  specific 
     instances of this  problem from any  state or local  primary 
     EAS sources, we are concerned that confusion may result when 
     the  same  EAS  message  is  originated  on  co-located  key 
     stations or systems at different times.  We accordingly seek 
     comment on SBE's suggestion.  Commenters should address what 
     equipment modifications would be necessary to implement this 
     suggestion,   and   the    costs   associated   with    such 
     modifications.

     Carriage of  Audio  of Presidential  Messages  from  Non-EAS 
Sources

     28.  SBE requests that in the case of a national EAS  alert, 
     broadcast stations be permitted to air the President's voice 
     message from a source other  than the EAS source from  which 
     the alert was received.44  In  support of this request,  SBE 
     states that most broadcast  stations are equipped with  high 
     audio  quality  network   connections,  whereas  the   audio 
     received on an EAS decoder  may be of questionable  quality.  
     SBE also  expresses  concern  that  severe  video  to  audio 
     synchronization problems may occur  if a television  station 
     chooses to air the video of the President from the station's 
     network feed, but is  required to air  the audio portion  of 
     the President's message from  the EAS source which  provided 
     the activation.  We  invite comment  on this  request as  it 
     applies to broadcast stations.  

     EAN Network

     29.  The EAN  network  was  one  of  two  networks  used  to 
     distribute national  emergency  messages  from  the  federal 
     government.  It  consisted  of  a  dedicated  communications 
     service connecting  industry  networks,  wire  services  and 
     common carriers with government activation points. The other 
     network used to  distribute national level  messages is  the 
     PEP system  which was  originally developed  to serve  as  a 
     backup to the  EAN network.   The PEP system  consists of  a 
     nationwide  network  of  broadcast  stations  designated  as 
     National Primary (``NP'')  sources that  are connected  with 
     government  activation  points.   In  a  Memorandum  to  the 
     Director of FEMA dated September 15, 1995, President Clinton 
     indicated  that  the  PEP  system  would  be  the  exclusive 
     distribution network for the national level EAS and directed 
     FEMA to ``[p]hase out the dedicated circuitry and associated 
     equipment of the Emergency Action Notification (EAN) network 
     and incorporate the  network nodes  into the  national-level 
     EAS as required.''45  Consistent  with this directive,  FEMA 
     approved the  removal  of  all  EAN  network  equipment  and 
     circuits.46  Accordingly, because the EAN network no  longer 
     exists, we propose to delete  those portions of the Part  11 
     rules which reference the EAN network and its participants.  

     International High Frequency Stations

     30.  In  a  letter  dated  August  30,  1996,  the  National 
     Association  of  Shortwave  Broadcasters,  Inc.   (``NASB'') 
     requested  that   the   Commission   exempt   FCC   licensed 
     international HF broadcast stations from the requirement  to 
     purchase  and  install   EAS  equipment.47   Under   Section 
     11.54(b)(9) of  the  Rules, stations  in  the  International 
     Broadcast  Service   (``IBS'')   are   required   to   cease 
     broadcasting immediately  upon receipt  of a  national-level 
     EAS message and must remain  off the air until they  receive 
     an EAS message terminating  the activation.48  IBS  stations 
     may, however, be  issued an emergency  authorization by  the 
     FCC, with  the  concurrence of  the  Office of  Science  and 
     Technology Policy (``OSTP'') in the Executive Office of  the 
     President, to  transmit  federal government  broadcasts  and 
     communications. 

     31.  In support  of  its  request, NASB  asserted  that  the 
     technical and  political concerns  which  gave rise  to  the 
     requirements of Section 11.54(b)(9) are no longer  relevant.  
     On September  13, 1996,  Commission staff  forwarded  NASB's 
     request to the  OSTP for comment.49   After consulting  with 
     the White  House Military  Office and  FEMA, OSTP  responded 
     that it  had no  objection to  granting NASB  the  requested 
     exemption.50   By  letter  dated  December  20,  1996,   the 
     Commission staff exempted all FCC licensed international  HF 
     broadcast stations  from  the requirement  to  purchase  and 
     install EAS equipment.51   We propose  to amend  Part 11  to 
     eliminate the  requirement that  international HF  broadcast 
     stations purchase and  install EAS equipment  and to  delete 
     Section 11.54(b)(9).



     Other Matters

     32.  NWS and  SBE  have also  suggested  a number  of  other 
     changes.  For example, NWS suggests that we delete from  the 
     State and local EAS event  code list certain events that  in 
     its view do  not provide information  about immediate  life-
     threatening situations;  and  that we  include  an  explicit 
     statement  in  the   Part  11  rules   that  EAS   equipment 
     manufacturers  should   ensure  that   their  equipment   is 
     compatible with the non-EAS  applications of NWR-SAME.   SBE 
     suggests that we add the event code for Evacuation Immediate 
     situations to the  list of  national event  codes for  which 
     immediate transmission is required; that we require location 
     code verification of all EAS tests and activations; that  we 
     replace the Required Monthly Test with a Required  Quarterly 
     Test; that we make  the two-tone Attention Signal  optional; 
     and that we take steps  to ``coax'' participation in EAS  at 
     the  local  level.   We  do  not  propose  to  adopt   these 
     suggestions because amendments to  the rules in these  areas 
     appear either  unnecessary or  not in  the public  interest.  
     Nevertheless, parties may comment  on these matters if  they 
     choose.

                           IV.  CONCLUSION

     33.   In this NPRM, we  solicit comment on revisions to  the 
     EAS rules suggested in petitions for rulemaking filed by NWS 
     and SBE.  We seek comment on additions and modifications  to 
     the list of digital header codes used in the transmission of 
     EAS messages.  In addition, we propose to increase the relay 
     time for RMTs,  to reduce  the modulation level  of the  EAS 
     codes, to  delete references  in the  EAS rules  to the  EAN 
     network and its participants, and to delete the  requirement 
     that international  HF  stations purchase  and  install  EAS 
     equipment.  We  request comment  on all  of the  issues  and 
     proposals  addressed  in  this   NPRM  and  encourage   full 
     participation from broadcast licensees and cable  operators, 
     equipment   manufacturers,   state   and   local   emergency 
     management personnel, and other interested parties.  We also 
     invite comment  on what  effects  the proposals  and  issues 
     addressed in this NPRM may have on consumer equipment.

                        V.  PROCEDURAL MATTERS

     34.  Comments and  reply  comments.   Pursuant  to  Sections 
     1.415 and  1.419 of  the Commission's  Rules, 47  C.F.R.  §§ 
     1.415 and 1.419, interested parties may file comments on  or 
     before 75 days  after publication in  the Federal  Register, 
     and reply comments on or  before 105 days after  publication 
     in the Federal  Register.  Comments may  be filed using  the 
     Commission's Electronic Comment Filing System (``ECFS'')  or 
     by filing paper copies.  See Electronic Filing of  Documents 
     in Rulemaking Proceedings, 13 FCC Rcd 11322, 11326 (1998).

     35.  Comments  filed  through  ECFS   can  be  sent  as   an 
     electronic file  via the  Internet to  http://www.fcc.gov/e-
     file/ecfs.html.  Generally, only one  copy of an  electronic 
     submission must be filed.  If multiple docket or  rulemaking 
     numbers appear in the  caption of this proceeding,  however, 
     commenters must transmit one electronic copy of the comments 
     to each  docket  or  rulemaking  number  referenced  in  the 
     caption.  Parties may also  submit an electronic comment  by 
     Internet e-mail.  To obtain  filing instructions for  e-mail 
     comments, commenters should send an e-mail to  ecfs@fcc.gov, 
     and should include the  following words in  the body of  the 
     message, ``get form