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


                                )
In the Matter of                 )
                                )
Review of the Emergency Alert    )    EB Docket No. 04-296
System                           )
                                )
                                )
                                )
                                )


                     FIRST REPORT AND ORDER
                               AND
              FURTHER NOTICE OF PROPOSED RULEMAKING

Adopted:  November 3, 2005              Released:  November 10, 
2005

Comment Date:  [60 days after publication in the Federal 
Register]
Reply Comment Date:  [90 days after publication in the Federal 
Register]

By the Commission:  Chairman Martin, and Commissioners Abernathy, 
Copps and Adelstein issuing 
                                    separate statements.

                        TABLE OF CONTENTS

                                                 Paragraph Number

I.INTRODUCTION                                             1
II.                                               BACKGROUND
  4
     1.                                                   A.
History of EAS                                             4
     2.                                                   B.
The Current EAS                                            5
     3.                                                   C.
Recent Events                                             12
III.                                              DISCUSSION
  16
     4.                                                   A.
General Matters                                           16
     5.                                                   B.
Digital Television                                        19
     6.                                                   C.
Digital Cable                                             27
     7.                                                   D.
Digital Audio Broadcasting                                33
     8.                                                   E.
Satellite Digital Audio Radio Service                     40
     9.                                                   F.
Direct-to-Home Satellite Services                         49
     10.                                                  G.
Administrative Matters                                    59
     11.                                                  H.
Conclusion                                                60
IV.                    FURTHER NOTICE OF PROPOSED RULEMAKING
  61
V.PROCEDURAL MATTERS                                      82
     12.                                                  A.
Ex Parte Presentations                                    82
     13.                                                  B.
Comment Filing Procedures                                 83
     14.                                                  C.
Accessible Formats                                        84
     15.                                                  D.
Regulatory Flexibility Analysis                           85
     16.                                                  E.
Paperwork Reduction Act Analysis                          87
     17.                                                  F.
Congressional Review Act                                  88
VI.                                         ORDERING CLAUSES
  89
APPENDIX A - LIST OF COMMENTERS
APPENDIX B - FINAL RULES
APPENDIX C - PENETRATION DATA
APPENDIX D - FINAL REGULATORY FLEXIBILITY ANALYSIS
APPENDIX E - INITIAL REGULATORY FLEXIBILITY ANALYSIS


I.   INTRODUCTION
One of the most fundamental and significant statutory mandates of 
the Federal Communications Commission (Commission) is the 
promotion of safety of life and property through the use of wire 
and radio communication.1  For over forty years, the Commission 
has sought to satisfy this mandate in large part by requiring 
that the American public be provided with an effective and robust 
national alert and warning system.  Since 1994, this function has 
been performed by the Emergency Alert System (EAS), which is 
jointly administered by the Commission, the Federal Emergency 
Management Agency (FEMA), one of the component agencies of the 
Department of Homeland Security (DHS), and the Department of 
Commerce and its component, the National Oceanic and Atmospheric 
Administration's National Weather Service (NWS).2  Today, we take 
steps to advance our important public safety mission by adopting 
rules that expand the reach of EAS, as currently constituted, to 
cover digital communications technologies that are increasingly 
being used by the American public to receive news and 
entertainment -- digital television and radio, digital cable,3 
and satellite television and radio.4  
Consumers have increasingly begun to adopt new digital 
technologies as replacements for the analog broadcast and cable 
systems that are currently required to implement EAS.  
Accordingly, an increasingly large percentage of television 
viewers and radio listeners receive their programming from 
systems that may have no independent duty to provide EAS, or any 
other alert and warning system, to their customers.  For example, 
as of 2005, almost 25% of TV households subscribed to Direct 
Broadcast Satellite (DBS) services,5 yet such satellite services 
are under no obligation to participate in EAS.  More than 23% of 
TV households subscribe to digital cable television services 
which are not specifically addressed in the Commission's EAS 
rules.6  Further, the number of subscribers in the Satellite 
Digital Audio Radio Service (SDARS) -- also known as ``satellite 
radio'' -- increased from approximately 140,000 to more than 6 
million between June 2002 and June 2005.7  SDARS licensees are 
not currently required to participate in EAS.  Finally, digital 
audio broadcasters using in-band, on-channel (IBOC) technology 
and digital television (DTV) broadcasters also reach increasingly 
large portions of the American public,8 but currently have no EAS 
obligations.  Clearly, some level of EAS participation must be 
established for these new digital services to ensure that large 
portions of the American public are able to receive national 
and/or regional public alerts and warnings.  
In the Further Notice of Proposed Rulemaking, we seek further 
comment on how to amend the EAS rules to ensure that EAS messages 
more effectively reach individuals with hearing and vision 
disabilities.  The Commission is committed to ensuring that 
persons with disabilities have equal access to public warnings.  
We also seek additional comment on what actions the Commission, 
along with our Federal, State and industry partners, should take 
to help expedite the development of a robust, state-of-the-art, 
digitally-based public alert and warning system.  
II.  BACKGROUND
     II.A.     History of EAS
This country has had some type of national warning system in 
place since 1951, when President Harry S. Truman created CONELRAD 
(Control of Electromagnetic Radiation) in 1951.  CONELRAD 
provided a means for the President to address the American 
people, to provide attack warning, and to supply emergency 
information.9  CONELRAD soon became obsolete, however, and in 
1963, President John F. Kennedy replaced it with the Emergency 
Broadcast System (EBS).10  Our national warning system was 
further improved in 1994 when the Commission adopted rules that 
replaced EBS with EAS.  EAS represented not only a technological 
advancement, but also an expansion of the warning system beyond 
the traditional broadcast media, to include cable systems.  In 
1997, the Commission further extended EAS obligations to wireless 
cable systems.11  
     II.B.     The Current EAS
Jurisdiction.  EAS is a national public warning system that, 
together with other emergency notification mechanisms, is part of 
an overall public alert and warning system, under the 
jurisdiction of FEMA.12  The Commission's authority to regulate 
emergency alerts and warnings emanates from sections 1, 4(i) and 
(o), 303(r), and 706 of the Communications Act of 1934, as 
amended, (Act).13  The Commission, FEMA and NWS together 
implement EAS at the federal level.14  In addition, State 
Emergency Coordination Committees (SECCs) and Local Emergency 
Coordination Committees (LECCs) develop state and local EAS 
plans.
The Commission's role includes prescribing rules that establish 
technical standards for EAS, procedures for radio and television 
broadcast stations and cable systems to follow in the event EAS 
is activated, and EAS testing protocols.  The President has sole 
responsibility for determining when the system will be activated 
at the national level,15 and has delegated this authority to the 
director of FEMA.  FEMA is responsible for implementation of the 
national-level activation of EAS, tests, and exercises.  
At the state and local level, NWS plays a critical role as the 
originator of emergency weather information.  NWS broadcasts NWS 
forecasts, warnings, watches, and other non-weather-related 
hazard information 24 hours a day.  Through its All-Hazards 
Network, NWS originates approximately 80% of all EAS alerts, 
supplying local alerts to broadcast and cable entry points 
designated in approved EAS state and local plans.  SECCs and 
LECCs prepare coordinated emergency communications systems and 
develop state and local emergency communications plans and 
procedures for EAS and other public alert and warning systems 
states may use in combination with EAS.
EAS Structure.  Under the Commission's rules, national activation 
of EAS for a Presidential message is designed to provide the 
President the capability to transmit within ten minutes from any 
location at any time, and must take priority over any other 
message and preempt other messages in progress.16  Broadcast 
stations and cable systems covered by the Commission's EAS rules 
must cease their normal broadcasting and transmit such a 
Presidential message.  Use of EAS for state or local emergency 
information is voluntary.  Broadcasters and cable systems may 
decide individually whether to transmit such messages that 
originate at the state or local level.17  The Commission's rules 
impose EAS obligations only on analog radio and television 
stations, and wired and wireless cable television systems.  Other 
systems, such as DBS services, DTV, SDARS, and Digital Audio 
Broadcasting (DAB) currently have no EAS requirements.  
EAS is essentially a hierarchal distribution system.18  At the 
request of the President, FEMA has designated 34 radio broadcast 
stations as Primary Entry Point (PEP) stations to which it 
distributes ``Presidential Level'' messages, the initial message 
in the national chain.19  As the entry point for national level 
EAS messages, the PEP stations are designated National Primary 
(NP).  The United States is divided into approximately 550 EAS 
local areas, each containing a key EAS source, called the Local 
Primary One (LP-1).  The LP-1 must monitor two EAS sources, 
including its regional PEP station, for Presidential messages, 
and serves as the point of contact for local authorities and NWS 
officials to activate EAS.  Other Local Primary sources are 
assigned numbers in the sequence they are to be monitored by 
other broadcast stations in the local area (i.e., LP-1, 2, 3, 
etc.).  Broadcast stations and cable systems below LP-1 must 
monitor two EAS sources including their LP-1 station.  If a 
Presidential message is sent, broadcast stations and cable 
systems receiving it are required to air the message in the 
format received.20  For non-Presidential messages, these 
monitoring stations and cable systems may carry the message at 
their discretion, but if they choose to transmit the message they 
must comply with the Commission's Part 11 rules governing such 
messages.  
Although EAS is designed primarily to convey Presidential 
messages in times of emergency, most emergencies originate at the 
state and local level.  State and local emergency operations 
managers can also request activation of EAS for state and local 
public alert and warning.  State-level EAS entry points are 
designated as State Primary and State Relay.21  State Primary 
Entry Points can be broadcast stations, state emergency operation 
centers, or other statewide networks, and can act as sources of 
state EAS messages originating from the Governor or a State 
Emergency Operations Center.  State Relay sources relay state 
common emergency messages into local areas.22  Local Primary 
sources are responsible for coordinating the carriage of common 
emergency messages from sources such as the NWS or local 
emergency management offices as specified in EAS local area 
plans.23  
Initiating an EAS message, whether at the national, state, or 
local level, requires the broadcaster, cable operator or 
emergency administrator to enter certain codes into dedicated EAS 
equipment.24  EAS messages enter the EAS system via equipment 
that is able both to encode and decode EAS messages, often called 
ENDEC units.  EAS equipment sends and receives messages using a 
precise format referred to as the EAS digital protocol.  An 
emergency activation of EAS uses a four part message: (1) 
preamble and EAS header codes; (2) audio attention signal; (3) 
message; and (4) preamble and EAS end of message codes.25  EAS 
equipment also provides a method to automatically interrupt 
regular programming and is capable of providing warnings in the 
primary language that is used by the station or cable system.26  
EAS header codes identify the party that originated the emergency 
message, the nature of the event or emergency, the location of 
the emergency, and the valid time period of the message.  
     II.C.     Recent Events
In our August 2004 Notice of Proposed Rulemaking (EAS NPRM),27 we 
acknowledged the tremendous impact that digital technologies are 
having on broadcast, cable and satellite news and entertainment 
industries, and noted the potential for effective warning offered 
by digital media's ability to supply sophisticated services that 
can communicate across various platforms.  In this context we 
asked whether EAS in its present form was the most effective 
mechanism for warning the American public of an emergency and, if 
not, how EAS can be improved.  In response to the EAS NPRM, we 
received approximately 160 comments, including comments from 
entities from all major communications sectors.  Many of these 
commenters discussed the state of the art public alert and 
warning potential that these sectors now offer.
Further, FEMA and NOAA, the Commission's co-administrators of 
EAS, have initiated a series of pilot projects that explore the 
use of digital and other cutting edge technologies to create an 
Integrated Public Alert and Warning System.28  These pilot 
projects involve partnerships and extensive coordination between 
government and private industry.  For example, the one-year 
Digital Emergency Alert System (DEAS) National Capital Region 
Pilot demonstrates how the 294 digital public television stations 
across the country can act as a wireless network capable of 
broadcasting data, or ``datacasting," public alerts and warnings 
during times of national crisis.29  Phase one of this pilot 
project uses datacasting of DEAS text, voice, and video over 
public television stations.  Phase two will further develop and 
test Common Alerting Protocol (CAP) messages and DEAS-enabled 
relays to cell phones, Internet, pagers, electronic bulletin 
boards, etc.30  Additionally, FEMA and NOAA are involved in a 
Geo?Targeted Alerting System pilot project designed to integrate 
real-time weather models and hazardous air flow predictions 
providing DHS with the ability to identify specific areas to 
which to issue targeted homeland security alerts and warnings 
using reverse 911 technologies.31  
Both Houses of Congress have indicated that effective public 
alert and warning is one of their highest priorities.  On 
September 7, 2005, a representative from the Commission testified 
regarding this subject in connection with Hurricane Katrina 
before the United States House of Representatives, Committee on 
Energy and Commerce.  On July 27, 2005, representatives from the 
Commission, FEMA and NOAA presented statements regarding all-
hazards alert systems to the United States Senate, Committee on 
Commerce, Science and Transportation, Subcommittee on Disaster 
Prevention and Prediction.  Additionally, on September 22, 2004, 
representatives from the Commission and FEMA and NOAA testified 
regarding EAS before the United States House of Representatives, 
Select Committee on Homeland Security, Subcommittee on Emergency 
Preparedness and Response.  Finally, the recently enacted 
Intelligence Reform and Terrorism Prevention Act of 200432 
includes requirements for a study about the use of 
telecommunications networks as part of an all-hazards warning 
system.33
Most recently, the White House established The Task Force on 
Effective Warnings, constituted under the National Science and 
Technology Council.  Co-chaired by DHS and NOAA, the task force 
includes representatives from DHS, the Department of Commerce, 
the Department of Defense, the Department of Interior, the 
Department of Transportation, the Department of Agriculture, the 
Department of State, the Commission, the Environmental Protection 
Agency, the National Aeronautics and Space Administration, plus 
other departments, agencies and White House offices.  The Task 
Force is charged with examining existing and planned disaster 
warning communication systems, networks and facilities, and to 
make recommendations to ensure effective disaster warning systems 
for the nation.  
III.      DISCUSSION
     III.A.    General Matters
The examination of EAS that we have begun in this docket, in 
combination with the recent government and industry efforts 
mentioned above, offers a unique opportunity for us to integrate 
effective public alert and warning into the sophisticated 
services and features of digital media at an early developmental 
stage.  We agree with commenters that digital technologies offer 
new and more effective possibilities for public warning.34  As 
noted above, government and industry are engaged in a series of 
efforts, either alone or in concert, to develop a fully 
integrated, state of the art, digitally-based public alert and 
warning system for the American public.  Accordingly, we adopt a 
Further Notice of Proposed Rulemaking seeking comment on the 
actions the Commission should take to help expedite the 
development of such a system.35  
Our immediate concern, and the subject of this Order, is to 
ensure that increasingly popular digital technologies deliver 
some level of basic national or regional warning now, while more 
sophisticated alert and warning systems are being developed.  It 
is an essential element of this agency's mission to ensure that 
the American public receives public alerts and warnings.  For the 
reasons indicated below, we believe that the current EAS is 
overall the most effective way to provide such a basic level of 
warning as we transition to more sophisticated systems.  
Accordingly, we adopt rules today to ensure that DTV, DAB, 
digital cable, DBS and SDARS consumers are provided with 
effective, basic alert and warning information now, in a manner 
that will neither interfere with nor impede the ongoing 
development of a fully integrated state of the art warning 
system.  We seek to facilitate this steady transition to a 
digital warning system by extending the EAS obligations of analog 
broadcasters and cable systems to these additional digital 
communications systems.  
We believe that the benefits of requiring DTV, DAB, digital 
cable, DBS and SDARS licensees to participate in the current EAS 
far outweigh any burdens associated with implementing these 
requirements.  EAS represents a significant and valuable 
investment that provides effective alert and warning during the 
time that new, digitally-based public alert and warning systems 
are being developed.  We agree with those commenters who argue 
that EAS should remain an important component of any future alert 
and warning system.  Further, in most cases, the digital 
platforms affected by this Order either have in place the ability 
to distribute EAS warnings, or can do so in a reasonable amount 
of time and with reasonable cost.  Accordingly, based on our 
examination of the record in this proceeding, we do not believe 
that requiring these digital services to install and use EAS 
equipment will impose undue regulatory or financial burdens.  As 
we have indicated above, we will continue, along with other 
agencies and industry, to explore ways in which emergency 
information might be made available in a more efficient, 
effective, and technologically current fashion.  
     III.B.    Digital Television
Background.  Television broadcasting in the United States is in 
the midst of a conversion from analog to digital technology.36  
The majority of television stations serving all markets in the 
United States are already airing DTV37 programming,38 and the 
Commission set a target date of December 31, 2006 for the 
completion of the DTV transition.39  In the Balanced Budget Act 
of 1997, Congress made this target date statutory, providing that 
a broadcast license that authorizes analog television service may 
not be renewed to authorize such service for a period that 
extends beyond December 31, 2006 unless the Commission grants an 
extension based on specific criteria enumerated in the statute.40  
When the DTV transition is complete, some of the spectrum 
currently used for broadcast television will be reclaimed and put 
to other uses, notably public safety.  The Commission has adopted 
standards and rules that address the transition of the nation's 
television broadcasters from analog to DTV, which are set forth 
in Part 73 of our rules.41  None of these rules, however, have 
addressed EAS participation.  
In the 1994 EAS Report and Order, the Commission encouraged, but 
did not require, DTV42 broadcasters to participate in EAS, and 
specifically provided for the voluntary participation of DTV 
broadcasters.43  In the EAS NPRM, the Commission sought comment 
on whether to make participation compulsory.44  The Commission 
asked commenters to address the possibility that when television 
stations turn off their analog signals as part of the DTV 
transition, they could leave a market devoid of an EAS 
participating broadcaster.45  The Commission also noted that DTV 
broadcasters have the ability to multicast, i.e., to transmit 
more than one program stream on their assigned channel.46  We 
sought comment on whether DTV broadcasters should be required to 
transmit EAS messages on all program streams, or whether they 
should be permitted to transmit on only one stream and force tune 
receivers to that stream.47
Discussion.  Based on the record before us, we find that revising 
our EAS rules to apply to DTV broadcasters furthers the public 
interest by ensuring that the public - regardless of the form of 
technology used - receives emergency information.  Accordingly, 
we will require DTV broadcasters to comply with our Part 11 
rules.48  DTV broadcasters must participate in all national EAS 
activations.49  Participation in state and local EAS activations 
will remain voluntary, but if DTV broadcasters choose to transmit 
state and local EAS messages they must comply with the 
Commission's Part 11 rules governing those messages.50  
Essentially, DTV providers will now have the same EAS obligations 
as analog television broadcasters, including, inter alia, the 
obligations to install ENDEC units so that the monitoring and 
transmitting functions are available during the times stations 
are in operation and transmit EAS test messages.51  These 
requirements will be effective on December 31, 2006.
The Commission has recognized that digital broadcasters remain 
public trustees of the nation's airwaves and have a 
responsibility to serve the public interest.52  We agree with 
NAB/MSTV's assertions that extending EAS rules to DTV is a 
natural extension of these public interest obligations.53  
Participation of DTV broadcasters will enhance the effectiveness 
of EAS and ensure that many more people have access to critical 
emergency information.54  Given the ongoing transition to DTV, 
continued exemption of this service from the requirement to 
provide national EAS warnings does not serve the public interest.  
As we suggested in the EAS NPRM, if EAS participation remained 
voluntary and DTV broadcasters opted not to participate, some 
communities could be left without an EAS television broadcast 
source.  Commenters overwhelmingly support extending EAS rules to 
DTV broadcasters and support the Commission's effort to 
restructure EAS in a comprehensive digital environment.55  No 
commenters oppose extending EAS rules to DTV broadcasters.  In 
effect, extending EAS to DTV will simply retain the status quo 
established in 1994 - television broadcasters will continue to be 
required to participate in EAS at the national level.  
In addition, we conclude that when a DTV broadcaster participates 
in EAS activations, it must provide the EAS message to viewers of 
all program streams that the DTV broadcaster provides over a 
particular channel.56  All DTV viewers should have access to the 
potentially life-saving emergency information contained in EAS 
messages.  We agree with commenters that argue that EAS messages 
should be transmitted on all program streams.57  RERC Wireless 
supports requiring DTV broadcasters to transmit EAS messages on 
all program streams, contending that EAS messages are too 
important to risk missing because a person is tuned to the wrong 
channel.58  Ohio EMA agrees that we should require all program 
streams to air the EAS message.59
NAB and MSTV contend that DTV broadcasters should be required to 
transmit EAS messages only on programming streams intended for 
the general public, but they do not explain why EAS information 
would not be suitable for all program streams, including those 
that are subscription based.60  
We conclude that all viewers should be informed of critical 
emergency information regardless of which program stream they are 
viewing.  We see no reason to exempt subscription-based streams, 
particularly when we have extended and are extending EAS 
obligations to other subscription-based services, including 
analog cable systems, digital cable systems, wireless cable 
systems, SDARS and DBS.  The public interest obligations of DTV 
broadcasters to meet the emergency needs of their viewing 
audience must extend to carrying EAS alerts on all program 
streams.  
We recognize that DTV broadcasters may need to resolve technical 
issues, such as equipment procurement, installation, and training 
in order to comply with the requirements that we establish today.  
Accordingly, we afford DTV broadcasters more than a year to 
comply with these rules.  Moreover, we grant DTV broadcasters the 
flexibility to determine the method they will use to distribute 
EAS messages to all program streams, as long as all viewers 
receive the EAS message on the channel that they are watching.  
For example, DTV broadcasters may separately transmit EAS 
messages on all program streams or, if the technology is 
available, transmit EAS messages on one stream and force tune all 
receivers to that stream.  We do not mandate force tuning, 
however, as recommended by Harris Corporation,61 because most DTV 
receivers currently on the market do not have force tuning 
capabilities.62  We believe that DTV broadcasters should have the 
option to utilize force tuning technologies when feasible, as 
long as every viewer receives the same EAS message regardless of 
the channel he or she is watching.  The extent of the costs or 
burdens that this requirement will impose on DTV broadcasters 
will vary by station based on several factors, such as wiring 
architecture.  Because these EAS obligations require equipment 
with which broadcasters are familiar and which is largely already 
in place at DTV facilities, we believe that the cost and burden 
of our requirement will not be so significant as to outweigh the 
benefit of providing the American public with critical emergency 
information.  
     III.C.    Digital Cable 
Background.  The Cable Act of 1992 requires cable systems to 
provide their subscribers with access to ``the same emergency 
information as is afforded by the [E]mergency [B]roadcast 
[S]ystem...''63  In 1994, when the Commission replaced the EBS 
with EAS, it required cable systems to participate.64  Thus, 
cable systems, like broadcasters, are required to carry 
Presidential EAS messages, and permitted to transmit state and 
local EAS messages on a voluntary basis.65  In 1997, the 
Commission extended EAS requirements to wireless cable systems.66
The Commission's EAS requirements do not specifically refer to 
digital cable, which was not in widespread use in 1994 when EAS 
was implemented.  In the EAS NPRM, the Commission sought comment 
on whether it should extend EAS obligations to digital media, 
including digital cable television.67  In addition, the 
Commission raised some technical questions regarding digital 
cable service participation in EAS.68  
Digital cable offers a number of advantages over analog cable.  
For instance, the digital format eliminates unwanted noise and 
interference from programming.  Further, digital compression 
allows more than five times the number of stations to be 
delivered via the same bandwidth, on additional channel capacity 
that allows digital cable operators to deliver ``near on-demand'' 
programming by staggering the start times of programs on 
different channels.69  Because of these advantages, digital cable 
is increasingly deployed with analog cable in the marketplace.  
By 2005, more than 23% of TV households subscribed to digital 
cable.70  
Discussion.  We specifically extend the EAS obligations set forth 
in Part 11 of our rules to digital cable systems.  As noted supra 
in footnote 3, for purposes of this Order and our Part 11 rules 
only, the term ``digital cable systems" is defined as the portion 
of a cable system that delivers channels in digital format to 
subscribers.71  Essentially, digital cable systems will now have 
the same EAS obligations as analog cable systems.  Specifically, 
we will require digital cable systems to participate in national 
level EAS activations.72  Participation in state and local EAS 
activations will continue to be voluntary, but digital cable 
systems that choose to participate must comply with the Part 11 
rules.73  Like DTV broadcasters, our examination of the record 
reveals that digital cable providers are familiar with EAS 
equipment and have already installed this equipment.  
Accordingly, we believe the burden of equipment purchase, 
installation and training is similar to that of DTV broadcasters 
and find that the same compliance deadline of December 31, 2006 
is appropriate for digital cable providers. 
The 1992 Cable Act, as cited above, manifested Congress's belief 
``that emergency information should be accessible to all 
television viewers, regardless of the distribution medium in 
use.''74  Our decision here furthers that statutory goal.  We 
also find that specifically imposing these requirements on 
digital cable systems is in the public interest.  Given the 
growing deployment of digital cable systems, safety of life and 
property will be promoted75 by ensuring that viewers of digital 
cable have access to the same potentially life-saving emergency 
information as other television viewers.  We agree with 
commenters like SBE who support expanding EAS to include digital 
cable systems.76  SBE agrees that digital cable should be treated 
in the same manner as over-the-air broadcast and digital 
broadcast signals.77  SBE believes that in order to achieve a 
meaningful and working public warning system, short of creating 
an entirely new one, emergency, life-saving messages should be 
transmitted by all means possible.78  PPW contends that if over-
the-air digital broadcast television is required to participate 
in EAS, then digital cable should also be required to 
participate.79  As PPW correctly notes, this is in line with the 
1992 Cable Act requirement that cable television participate in 
the distribution of emergency messages.80  No commenters opposed 
extending EAS obligations to digital cable.  
We will permit digital cable systems that are participating in 
EAS activations to determine the method they will use to 
distribute EAS messages to viewers of digital cable channels as 
long as all viewers receive the complete EAS message on the 
channel that they are watching.  For example, digital cable 
systems may transmit EAS messages on all digital channels or 
transmit EAS messages on a single channel and force tune all 
receivers to that channel.81  We note that the Plug-and-Play 
agreement82 provides that, to be labeled as ``Digital Cable 
Ready,'' a television set must respond to EAS messages that are 
transmitted in compliance with the Digital Video Service 
Multiplex and Transport System Standard for Cable Television.83  
Under the rules we adopt today, digital cable systems with fewer 
than 5,000 subscribers must, like analog and wireless cable 
systems with fewer than 5,000 subscribers, provide a video 
interruption and an audio alert message on all channels and the 
EAS message on at least one channel.84  
     III.D.    Digital Audio Broadcasting
Background.  In 2002, the Commission permitted terrestrial over-
the-air AM and FM radio stations to begin digital transmissions 
on an interim basis using the IBOC technical system developed by 
iBiquity Digital Corporation.85  The Commission established 
interim requirements in the DAB R&O, including the requirement 
that, during interim IBOC operations, radio stations must 
broadcast the same main channel program material in both analog 
and digital modes.86  In a subsequent Further Notice of Proposed 
Rulemaking, we sought comment regarding what amendments to the 
Commission's rules would be necessary to facilitate the adoption 
of DAB and specifically sought comment on issues related to the 
broadcast of emergency information.87  
Radio stations using IBOC DAB technology are able to provide 
enhanced sound fidelity, improved reception, multiple audio 
streams, and new data services to digital-ready radio 
receivers.88  This technology makes use of the existing AM and FM 
bands (In-Band) by adding digital carriers to a radio station's 
analog signal, allowing broadcasters to transmit digitally on 
their existing channel assignments (On-Channel) while 
simultaneously maintaining their analog service.89  Thus, IBOC 
permits the transmission of both analog and digital signals 
within the spectral emission mask of a single AM or FM channel, 
placing digital information on frequencies immediately adjacent 
to the analog signal.90  This technology allows new radios to 
receive both digital broadcasts and analog broadcasts from 
stations that have not yet converted to digital.91  This system 
is designed to blend to analog when digital reception fails.  
Radio stations will eventually convert to all-digital modes of 
operation.  DAB does not require use of additional spectrum and 
there is no statutory mandate to convert to a digital format.  
In the EAS NPRM, the Commission noted that DAB has the ability to 
transmit more than one program stream in its assigned channel, a 
practice referred to as multicasting, and that the Commission had 
recently reached the tentative conclusion that the EAS rules 
should apply to all audio streams broadcast by radio stations 
using DAB.92  Because most DAB broadcasters currently use the 
digital part of their signal to replicate their analog 
programming, we sought comment on whether EAS messages should be 
carried on the analog, digital or both program streams.  We also 
asked how EAS messages should be carried when a digital audio 
broadcaster transmits different programs on its digital and 
analog streams.  Finally, we sought comment regarding whether 
IBOC receivers have the ability to be force tuned.  
Discussion.  We revise our Part 11 EAS rules to apply to DAB 
broadcasters.93  We agree with most commenters that we should 
extend EAS requirements to DAB providers as a natural extension 
of radio broadcasters' public interest obligations.94  
Accordingly, we will require DAB broadcasters to air all national 
EAS messages.95  Participation in state and local EAS activations 
will be voluntary, as it is for analog radio broadcasters.96  If 
DAB broadcasters choose to participate in state and local EAS 
activations, they must comply with the Commission's Part 11 EAS 
rules.97  Essentially, DAB providers will now have the same EAS 
obligations as analog radio broadcasters.  For the same reasons 
we discuss in paragraphs 23-25, we will also require DAB 
broadcasters to transmit all EAS messages that they air on all 
audio streams.98  Because DAB broadcasters will face similar 
burdens of equipment purchase, installation and training as DTV 
and digital cable providers, we apply the same date of compliance 
that we did for DTV and digital cable.  Accordingly, these rules 
will be effective December 31, 2006.  
As noted in the DAB FNPRM, we believe that fully informing the 
public of critical emergency information best serves the public 
interest and that this can be accomplished only if broadly 
applied.99  The public interest obligations of DAB broadcasters 
to meet the emergency needs of their viewing audience must extend 
to carrying EAS alerts on all audio streams.  Commenters 
generally agree that DAB broadcasters should participate in EAS 
and that EAS messages should be broadcast on all audio 
streams.100  We agree with commenters who argue that EAS 
requirements should apply to all audio streams because the goal 
of EAS as a public warning system is to reach as many people as 
possible with lifesaving information and to do otherwise would 
result in the reduced effectiveness of EAS as digital radio 
listenership increases.101  All listeners should be informed of 
critical emergency information regardless of which audio stream 
they are listening to.  For the reasons stated in paragraphs 23-
25 with respect to DTV, we see no reason to exempt subscription-
based streams.102  It would not serve the public interest to 
exempt DAB broadcasters as they reach increasingly large portions 
of the American public from EAS obligations.  Additionally, 
although there is no deadline to do so, radio stations will 
eventually convert to all-digital modes of operation.103  
Although AM and FM radio broadcast stations using DAB may need to 
update EAS equipment to comply with these rules, particularly 
with respect to transmitting EAS messages on all audio streams, 
commenters indicate that these updates will neither be complex 
nor costly.  NAB and MSTV assert that ``EAS functionality will be 
fully preserved during the transition to digital radio using the 
IBOC technology.''104  National Public Radio has also stated 
that, using relatively inexpensive distribution amplifiers and 
switching devices, stations should be able to carry EAS or other 
emergency information virtually instantaneously via each free 
over-the-air program channel.105  As noted above, access to the 
emergency information contained in EAS messages is critical.  
Based on our examination of the record in this proceeding, we 
conclude that the costs of complying with the EAS requirements 
that we adopt today are outweighed by the public safety benefits 
of ensuring that all listeners receive EAS messages.
Further, as we did above for DTV broadcasters, we afford DAB 
broadcasters more than a year to comply with these rules and we 
grant DAB broadcasters the flexibility to determine the method 
they will use to distribute EAS messages to listeners of all 
audio streams as long as all listeners receive the complete and 
timely EAS message on the stream that they are listening to.106  
SBE agrees that ``whichever method yields the desired results'' 
is acceptable.107  We believe that these details are best left to 
industry to formulate effective methods and standards that fully 
integrate new and developing technologies.  
     III.E.    Satellite Digital Audio Radio Service
Background.  Governed by Part 25 of our rules, SDARS provides a 
wide variety of digital radio programming on a subscription basis 
to subscribers throughout the contiguous United States.108  In 
1997, the Commission granted SDARS licenses at auction to two 
entities:  Sirius Satellite Radio, Inc. (Sirius) (formerly, 
Satellite CD Radio, Inc.)109 and XM Radio Inc. (XM) (formerly, 
American Mobile Radio Corporation).110  Most SDARS programming is 
created in the licensees' central headquarters in New York City 
(Sirius) and Washington, D.C. (XM), but SDARS licensees also re-
transmit the programming of third-party content providers.  
Content is currently transmitted exclusively on a nationwide 
basis.111  SDARS licensees have recently begun providing 
metropolitan area traffic and weather updates on a round-the-
clock basis by means of dedicated channels,112 but all 
subscribers receive each of these channels on a nationwide basis.  
For example, both SDARS licensees have a dedicated channel 
providing traffic and weather reports for Philadelphia, which can 
be tuned into not only by subscribers in the Philadelphia area, 
but also by all other subscribers throughout the contiguous 
United States.  
In the 1994 EAS First Report and Order, the Commission encouraged 
digital broadcasters to participate in the EAS system.113  SDARS, 
however, is not a broadcast service, and is not currently 
required to participate in EAS.  In the EAS NPRM, the Commission 
sought comment on whether we should adopt rules extending EAS 
obligations to other digital networks, such as SDARS.114  We also 
sought comment on whether SDARS licensees' national distribution 
structures affect their ability to discharge EAS obligations 
effectively.115  
Both providers have already implemented some form of emergency 
alerts in their programming.  XM, in addition to providing 
regional and local emergency information over its traffic and 
weather channels,116 has a channel dedicated exclusively to 
public safety and emergency alerts.117  XM indicates that this 
alert channel is committed to providing critical, updated 
information before, during, and after natural disasters, weather 
emergencies, and other hazardous incidents.118  To ensure that 
critical emergency information is received and transmitted 
quickly on its traffic and weather channels and the channel 
dedicated to emergency alerts, XM states that its personnel 
monitor a variety of sources 24 hours a day including FEMA, the 
U.S. Department of Health and Human Services, NWS, and state and 
local public safety organizations.119  Sirius currently has a 
voiceover alert capability that interrupts programming to 
transmit a voice message ``instruct[ing] listeners that an 
emergency exists and that they should tune to one of Sirius' news 
program channels for further details.''120  Sirius used this 
voiceover alert capability during the Northeast Blackout in 
August 2003.121  
Discussion.  We amend Part 11 of our rules to require that all 
SDARS licensees participate in EAS.  The new rules will require 
SDARS licensees to transmit national level EAS messages on all 
channels.122  Both XM and Sirius have stated that, once received, 
they are currently capable of transmitting national EAS messages 
on every channel.123  We will require that SDARS licensees 
receive national EAS messages through an ENDEC unit, the same 
manner as currently required of broadcasters and cable systems, 
from which they must directly monitor at least two sources, 
including one PEP station, or must directly monitor FEMA.124  
This should not be difficult to accomplish as XM currently 
already monitors EAS alerts from an LP-1 station through an ENDEC 
unit located at its Washington, D.C. headquarters.125  We 
strongly encourage SDARS licensees to have the ability to receive 
EAS alerts from state and local emergency managers and the 
ability to disseminate state and local EAS warnings on local 
traffic and weather channels that the SDARS licensees provide.126  
We will require SDARS licensees to inform their customers of the 
channels that will and will not be capable of supplying state and 
local EAS messages.127  Finally, we will require SDARS licensees 
to test their ability to receive and distribute EAS messages in 
the same manner required of other EAS participants in section 
11.61 of our rules and to keep records of all tests.128  Although 
XM states that it is committed to testing its EAS equipment, it 
suggests that our rules should require it to conduct tests only 
on its XM Emergency Channel.129  Although we commend XM for its 
commitment to test its EAS equipment, we disagree with its view 
regarding testing requirements.  The EAS testing regime is 
designed to test not only the EAS participant's ability to 
receive the message from the source it monitors, but also the 
ability of the participant to disseminate an alert to its entire 
audience.  SDARS licensees should monitor a state or local 
primary source to participate in testing.  Because SDARS 
licensees will face burdens of equipment purchase, installation 
and/or training similar to those of DTV and DAB broadcasters and 
digital cable providers, these new rules will also take effect 
December 31, 2006.130  
We believe that requiring SDARS licensees to transmit national 
EAS messages will serve the public interest because the current 
rules do not guarantee that the substantial and increasing number 
of people who subscribe to SDARS would receive EAS alerts on 
their SDARS receivers.  There are currently over six million 
SDARS subscribers and this number continues to grow.131  SDARS is 
an expanding service, with providers creating partnerships with 
wireless telephone providers, automobile manufacturers and major 
media companies.132  Thus, extending national EAS obligations to 
SDARS will promote the safety of the large and growing number of 
Americans who are subscribing to this service.  We disagree with 
commenters who claim that voluntary participation in national EAS 
activations by SDARS licensees would be sufficient.133  Failure 
to mandate SDARS participation in national EAS activations could 
potentially leave a substantial number of Americans without 
access to critical information in the event of a national 
emergency.  We agree with commenters who assert that the 
extension of EAS obligations to SDARS licensees is an important 
addition to the EAS system.134  As noted above, both XM and 
Sirius have stated that, once received, they are currently 
capable of transmitting national EAS messages on every 
channel.135  Moreover, we leave it to the SDARS licensees to 
design their distribution systems to comply with the EAS rules, 
as we share the concern of commenters that detailed EAS 
requirements would limit innovation in the area of developing new 
ways to provide EAS alerts.136
In addition, like broadcasters and cable providers, SDARS 
licensees will not be obligated to transmit state and local 
alerts.  We note, as mentioned above, that SDARS licensees are 
currently providing some channels containing regional or local 
traffic and weather information.  Because of the nature of this 
programming, and the likelihood that the audience is located or 
interested in a particular city or region, we strongly encourage 
SDARS licensees to develop and implement a distribution system 
that includes the ability to receive relevant state and local EAS 
warnings and the ability to transmit those warnings on channels 
that provide regional and local traffic and weather information.  
Most emergencies originate at the state and local level and the 
current EAS includes an interface for state and local emergency 
managers that allows them to originate and relay state and local 
EAS messages through radio and television broadcast stations, 
analog cable systems and wireless cable systems.  Unlike 
broadcast stations and cable systems, however, the SDARS 
licensees produce and control their programming from facilities, 
primarily in Washington, D.C. and New York City, that are not 
necessarily located in the area for which the traffic and weather 
is being reported and are not located such that an ENDEC unit or 
units could be used to receive regional or local alerts relevant 
to every state or local area within the SDARS licensees' service 
areas.  Accordingly, while we strongly encourage SDARS licensees 
to develop and implement the ability to receive relevant state 
and local EAS warnings, we do not believe it is appropriate at 
this time to mandate that SDARS licensees have such ability.  
We recognize that SDARS is by nature a national service, and that 
as a result the development of methods to ensure receipt of state 
and local alerts by SDARS licensees is likely to be 
challenging.137  Currently, both SDARS licensees have implemented 
methods of monitoring regional and local alerts to provide 
warnings on their various regional traffic and weather channels 
and we commend their regional and local public safety efforts.138  
Commenters alluded to the idea of a centralized system to which 
state and local officials could release emergency alerts as being 
a feasible solution for satellite licensees to receive regional 
EAS alerts.139  Alternatively, the SDARS licensees also suggested 
that they could explore transmitting state and local alerts if 
they were contacted directly by state and local emergency 
authorities.140  We will allow SDARS licensees that choose to 
implement the ability to receive state and local EAS warnings to 
develop the methods by which they can receive state and local EAS 
messages.
The dissemination of state and local emergency messages by SDARS 
based on the listener's location is likely to be challenging as 
well.  Unlike a national EAS message, transmission of a state or 
local emergency message to appropriate receivers is complicated 
by the fact that SDARS cannot and does not currently transmit 
content regionally.141  Thus, transmission of local emergency 
information on all channels, which would reach all affected 
listeners, would also reach - and inconvenience - millions of 
unaffected listeners nationwide as well.  If listeners are 
deluged with too many emergency messages, most of which are 
inapplicable to them, then emergency messages may well lose their 
impact.  For this reason, we encourage SDARS licensees that 
choose to implement the ability to receive and transmit state and 
local EAS warnings to develop additional ways of distributing EAS 
messages to the appropriate listeners, regardless of the channel 
they are listening to.  We note that both SDARS licensees 
suggested distributing state and local EAS messages over their 
existing traffic and weather channels,142 and as indicated above, 
both currently provide some emergency information and alerts to 
subscribers over these regional content channels.143  Finally, we 
require SDARS licensees to inform their customers of the channels 
that will and will not supply state and local EAS messages.  This 
information should be provided on the SDARS licensee's website 
and also distributed in writing to customers at least annually.
To alert listeners to an emergency announcement that may interest 
them, Sirius also suggested exploring the possibility of pre-
empting the text box that normally contains the channel name and 
current programming, to announce the state or region and type of 
alert, and the channel number transmitting detailed 
information.144  We strongly encourage such developments, and the 
use of the SDARS and DAB text box to display entire EAS messages, 
which we hope to see included in any next generation public alert 
and warning system.  
     III.F.    Direct-to-Home Satellite Services
Background.  Pursuant to section 303(v) of the Act, the 
Commission has jurisdiction to regulate direct-to-home (DTH) 
satellite services.145  DTH satellite services include DBS146 and 
Home Satellite Dish (HSD) services.147  Under our current Part 11 
rules, DBS providers and HSD providers are not required to 
participate in EAS, but may participate on a voluntary basis.148  
The Commission has encouraged such participation.149  For 
purposes of this Order, DBS providers include the entities set 
forth in section 25.701(a) of our rules.150  Accordingly, DBS 
providers include: (1) entities licensed to operate satellites in 
the 12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed 
to operate satellites in the Ku band fixed satellite service 
(FSS) and that sell or lease capacity to a video programming 
distributor that offers service directly to consumers providing a 
sufficient number of channels so that four percent of the total 
applicable programming channels yields a set aside of at least 
one channel of non commercial programming pursuant to section 
25.701(e) of the Commission's rules, or (3) non U.S. licensed 
satellite operators in the Ku band that offer video programming 
directly to consumers in the United States pursuant to an earth 
station license issued under part 25 of this title and that offer 
a sufficient number of channels to consumers so that four percent 
of the total applicable programming channels yields a set aside 
of one channel of non commercial programming pursuant to section 
25.701(e) of the Commission's rules.151  This definition ensures 
that the EAS rules apply to the vast majority of existing DTH 
satellite services, particularly those for which viewers may have 
expectations as to available warnings based on experience with 
broadcast television services.  The use of this definition will 
make the EAS obligations applicable to DTH-FSS licensees, 
including those who provide capacity to video programming 
distributors.152
HSD providers originally supplied satellite television; however, 
today, DBS providers serve most satellite television 
consumers.153  Over the past 5 years, the number of DBS 
subscribers has steadily increased from almost 13 million in June 
2000 to over 27 million in June 2005.154  During the same time 
period, the number of HSD subscribers has steadily decreased from 
almost 1.5 million to fewer than 150,000.155  DTH satellite 
service provides multi-channel video programming and now reaches 
almost 25% of U.S. households with a television.156  DTH 
satellite providers receive programming from national 
programmers, such as HBO, ESPN, and CNN, and from local channels, 
such as the broadcast affiliates in a particular area, and then 
transmit these programs to customers' receivers.  Because of this 
pass-through system, a satellite television customer receives EAS 
messages only if he receives the local broadcast stations as part 
of his programming package, and those stations carry the EAS 
message.
In the EAS NPRM, the Commission sought comment on:  (1) whether 
we should adopt rules extending EAS obligations to DBS (2) 
whether it serves the public interest to continue to exempt such 
satellite services that reach increasingly larger numbers of 
Americans from any requirement to provide public warning; and (3) 
what burdens extending the EAS obligations would place on such 
services and whether the benefits outweigh the burdens.157  
We also sought comment on technical issues involved with 
requiring DBS providers to comply with our EAS rules.  For 
example, we asked how an EAS signal would be fed to a DBS 
operator, noting that, while it could be sent over fiber to their 
Local Receive Facility (LRF) where they offer local-into-local 
service,158 they would not have an LRF where they do not provide 
local-into-local service.159  Further, we noted that if an EAS 
alert needed to be sent to an area on the border of a Designated 
Market Area (DMA) where a DBS provider only provided local-into-
local service in one DMA, satellite customers in the unserved DMA 
would not receive the signal.160  We also sought comment on how 
DBS operators would conduct testing.161  Finally, to the extent 
that software updates are needed in set top boxes and legacy 
boxes that have already been deployed, we sought comment on what 
an appropriate implementation time frame would be.162
Discussion.  In order to ensure that DBS subscribers receive an 
EAS message from the President in the event of a national 
emergency, we modify our EAS rules to require DBS providers to 
participate in national EAS activations by discontinuing regular 
programming and providing the national EAS message to viewers of 
all channels.163  Accordingly, DBS providers will be required to 
comply with our Part 11 EAS rules.  DBS providers must install 
equipment capable of encoding and decoding the EAS protocol and 
generating and detecting all EAS codes.164  DBS providers may 
install this equipment at the location most convenient to their 
system designs.  In addition to ensuring that EAS equipment 
complies with our rules, providers must also monitor two EAS 
sources upon receipt of an emergency action notification and 
ensure that their EAS monitoring equipment is operational.165  
Finally, as explained in more detail below, we will require DBS 
licensees to test their ability to receive and distribute EAS 
messages.166  
Although DBS providers note that mandatory participation in EAS 
activations would be costly and technologically difficult,167 
SBCA asserts that DBS operators could participate in national EAS 
activations in some way if they are given sufficient development 
time to address technical and operational difficulties and invest 
in new hardware and software.168  DIRECTV states that it could 
develop the systems and procedure necessary to deliver national 
EAS messages to its subscribers and that it is prepared to commit 
the assets necessary to do so.169  We conclude that extending 
national level EAS requirements to DBS providers serves the 
public interest by ensuring that the significant portion of the 
American public that are DBS subscribers have access to this 
critical emergency information.  We believe that the public 
safety benefit that would result from imposing a public alert and 
warning obligation on DBS providers far outweighs the burdens to 
such providers from implementing these new requirements.  The 
majority of commenters agree that EAS requirements should be 
extended to include DBS services.170  We strongly disagree with 
those few commenters that stated that requiring DBS providers to 
deliver EAS alerts would provide no more than a marginal benefit 
over the status quo.171  Of all the services discussed in this 
order, DBS has by far the largest share of customers.  There are 
currently more than 27 million DBS subscribers and that number 
continues to increase.172  We applaud the innovative service that 
DBS providers deliver to their customers, but note that it is 
essential that these customers have access to the same type of 
emergency information that they have come to expect from 
traditional media sources.  The Presidential EAS message must be 
accessible to all television viewers, regardless of the 
distribution medium.173  
Although participation in state and local EAS activations remains 
voluntary, we will require DBS providers to pass through all EAS 
messages aired on local channels to subscribers receiving those 
channels.174  Therefore, subscribers viewing local channels 
through DBS services will receive all EAS messages transmitted 
over those local channels.175  Additionally, we conclude that DBS 
providers must be capable of receiving (from state and local 
emergency managers) and distributing state and local EAS messages 
or they must disclose their inability to do on their website and 
in writing to their customers at least annually.176  As noted 
above, most emergencies originate at the state and local level 
and the current EAS system includes an interface for state and 
local emergency managers, providing a way to access the system 
and originate and relay EAS messages.  We encourage DBS licensees 
to design their systems to include this capability and, 
specifically, to design their converter boxes to be capable of 
receiving the appropriate regional, state and local EAS messages.  
Any future Public Alert and Warning System will likely include 
EAS and may require DBS licensees to increase participation in 
regional, state and local EAS activations.
We acknowledge the concern that DBS providers have expressed 
regarding technical and operational difficulties they expect to 
encounter if they are required to provide national, state and 
local EAS messages.177  We acknowledge that there are technical 
issues that will need to be resolved in order for DBS licensees 
to make the necessary changes to their systems.178  We wish to 
give maximum flexibility to DBS providers.  Accordingly, we will 
permit DBS providers to determine the method they will use to 
distribute EAS messages to viewers, as long as all viewers 
receive national EAS messages regardless of the channel that they 
are watching.179  We agree with SBCA that, with respect to 
broadcast television channels carried for local markets, DBS 
providers can simply pass that channel through with the embedded 
national, state or local EAS message.180  Because of the 
complexity associated with ensuring that national alert messages 
will be transmitted on all channels that do not originate at 
local broadcast stations, we are providing DBS providers more 
time to comply with these rules.  DBS providers will need to 
modify their satellite uplink facilities at multiple locations.  
DBS providers will also need to develop and implement 
technologies within each of several dozen different satellite 
transponder data streams.  DIRECTV estimates that such efforts 
will likely require approximately 18 months to implement 
fully.181  Accordingly, these rules will take effect May 31, 
2007.182  We encourage DBS providers that have the capability to 
participate in EAS activations to do so as soon as possible.  
We will require DBS licensees to test their ability to receive 
and distribute EAS messages in a manner similar to that required 
of other EAS participants in section 11.61 of our rules and to 
keep records of all tests.183  DBS licensees should monitor a 
state or local primary source to participate in testing.  The 
majority of commenters agree that DBS providers should conduct 
testing.184  We recognize that requiring a DBS provider to 
conduct its weekly and monthly test on all channels 
simultaneously may pose problems.  Accordingly, we will require 
that DBS providers conduct EAS tests each month on at least 10% 
of the total channels they provide.185  For purposes of this 
calculation, the total number of channels should not include 
those channels that the DBS provider passes through with the 
embedded national, state or local EAS message.186  The channels 
tested should vary each month, and over the course of a year all 
channels should be tested.187  DBS providers must log receipt of 
weekly tests in their records.188  Requiring that only 10% of 
channels be tested each month and that weekly tests must only be 
logged in records should reduce the burdens associated with EAS 
testing for DBS providers.  Any remaining burdens are outweighed 
by the public interest benefits of testing which ensures that DBS 
providers are able to receive and transmit EAS messages.  These 
testing requirements are no more onerous to DBS providers than 
those required of any other EAS participant.  Due to the 
potential technical difficulties and costs associated with 
transmission of weekly tests, in the attached Further Notice of 
Proposed Rulemaking, we seek comment regarding weekly test 
transmission requirements for DBS providers.
Although we encourage participation by HSD providers, we will not 
require their participation in EAS, because:  (1) there were only 
approximately 145,000 HSD users in June 2005 and that number 
continues to decrease189 and (2) as HSD users receive programming 
directly from programmers, it would be very burdensome for HSD 
providers to distribute EAS messages to subscribers.190  
     III.G.    Administrative Matters
The Commission receives numerous questions about and requests for 
clarification and corrections of our EAS rules.  We find that 
several minor administrative changes to our EAS rules are in 
order.  Accordingly, we amend our EAS rules to delete all 
reference to the ``FCC EAS mailing list'' which we no longer 
maintain.191  EAS information may now be obtained from our web 
site.  www.fcc.gov/eb/eas. and from the general FCC information 
number 1888-CALLFCC.  Further, we amend section 11.41 to change 
"Operating Handbook" to "EAS Operating Handbook."192  In section 
11.52(b) of our rules, we change the reference to 11.51(j)(2) to 
11.51(m)(2).193  Section 11.53(c) provides that, prior to 
commencing operations, broadcast stations must determine whether 
the EAS has been activated by monitoring the assigned EAS 
sources.194  In order to clarify how EAS monitoring assignments 
are determined, we amend this section to add the following to the 
end of section 11.53(c): ``as specified in their State or Local 
plan.''195  Finally, because section 76.305 no longer exists, the 
reference to that section in 11.54(b)(13) is changed to the 
correct reference: section 76.1711.196  
     III.H.    Conclusion
We expand the reach of EAS, as currently constituted, to ensure 
that more Americans are able to receive national and/or regional 
public alerts and warnings.  Digital technologies are rapidly 
becoming the norm for communications technologies and public 
alert and warning must keep pace with this digital revolution.  
Government and industry are engaged in the early stages of 
efforts to develop a fully integrated, state of the art, 
digitally-based public alert and warning system for the American 
public.  Increasingly popular digital technologies must have the 
ability to deliver some level of basic national or regional 
warning now, during the time that more sophisticated alert and 
warning systems are being developed.  Further, we amend our EAS 
rules to ensure that persons with disabilities have equal access 
to public warnings.  
IV.  FURTHER NOTICE OF PROPOSED RULEMAKING
In the Order we adopt today, we realize the immediate objective 
of ensuring that the large and growing segments of the population 
who rely on digital radio and television technologies are not 
left without access to alerts in the event of an emergency.  
While the current EAS performs a critical function, we believe it 
could be improved.  In this Further Notice of Proposed Rulemaking 
(FNPRM), we seek specific comments on what actions the Commission 
should take to help expedite the development of a more 
comprehensive system.  
An accurate, wide-reaching public alert and warning system is 
critical to the public safety and a vital part of the 
Commission's core mission to promote the safety of life and 
property through a robust communications system.  We should have 
a system that enables officials at the national, state and local 
levels to reach affected citizens in the most effective and 
efficient manner possible.  It should have built-in redundancy 
features and use a variety of communications media so that 
officials can reach large numbers of people simultaneously.  
Today's order is our first step to ensure that digital media is 
capable of receiving and disseminating EAS messages.  We note 
that, in response to the EAS NPRM, commenters identified a number 
of approaches to digital alert and warning.  We seek further 
comment on these approaches and ask what the Commission can do to 
facilitate the development of a more effective, comprehensive 
digital public alert and warning system.  Specifically, what is 
the appropriate role for the Commission among the various 
government and industry entities that are involved in the 
creation of this system?  We also seek comment on the 
Commission's statutory authority to regulate such a system.  If a 
new system is adopted, should compliance be mandatory or 
voluntary?  Should different communications technology - radio, 
television, wireline, wireless - be treated differently?  
As noted in the Order that accompanies this FNRPM, government and 
industry have taken significant steps to develop a next-
generation alert and warning system.  Digital media have the 
potential to deliver a wholly new level of alert and warning 
capabilities, far beyond the capabilities of today's EAS.  Text 
crawls and audio feeds can be replaced with full audio and video 
alert, information such as evacuation routes can be embedded in 
messages to the public, messages can be targeted to specialized 
audiences such as first responders and health care providers, and 
coordinated warnings can be sent over multiple platforms 
simultaneously.  
The comments filed in response to the EAS NPRM reveal a multitude 
of technical approaches to a digital alert and warning system, 
from specific approaches to individual technologies to broad 
approaches to architecture and protocol design.  Below we include 
a representative sample of issues for parties to address.  The 
issues we include are representative, and do not constitute an 
exclusive list.  Parties can - and should - comment on any next 
generation issues.  In their comments, parties should consider 
what role the Commission should play in facilitating choice among 
these options.  Are some more workable than others?  Are some 
unworkable, either intrinsically or because they would not fit 
well in a system that must accommodate multiple communications 
platforms?  
System architecture/message distribution.  Some commenters argue 
that the current distribution system is flawed, and that EAS 
messages should be distributed directly to media outlets.197  We 
seek comment on this assertion.  Would such point-to-multi-point 
distribution deliver alerts more quickly to the public?  Would it 
do so more efficiently?  Many commenters, such as WTOP/WXTR, 
propose that a satellite-based system be used.198  Would such a 
system be effective?  Should it be deployed in addition to199 or 
instead of the current system?  APTS proposes that the PBS 
satellite system offers a model for distribution of national or 
state and local alerts.200  We seek comment on the APTS proposal.  
We note that the PBS satellite system is an integral part of 
FEMA's Digital Emergency Alert System (DEAS) National Capital 
Region Pilot, and we expect to incorporate the results of that 
pilot into our record.  We also seek comment on other 
distribution models.  For example, given its inherent robustness, 
we believe the Internet should serve an important role in 
distribution of alerts and warnings.  
Common protocols.  The National Center for Missing & Exploited 
Children (NCMEC) argues that emergency alerts should flow rapidly 
and simultaneously through all available information conduits to 
first responders and the public.201  Should such a ubiquitous 
distribution be a goal of a digitally-based alert system?  Most 
commenters agree that in order for a digitally-based alert and 
warning system to be distributed simultaneously over multiple 
platforms, a common messaging protocol must be adopted.202  We 
seek comment on this assertion.  SWN Communications, Inc. 
contends that the Common Alerting Protocol (CAP), endorsed by the 
PPW and many public and private organizations responsible for 
alerts, offers the most practical means of quickly creating an 
effective interface between the emergency manager and multiple 
emergency alert and notification systems to significantly improve 
national alert and warning capability.203  Should CAP be adopted 
as the common messaging protocol for any future digitally-based 
alert system?  Should we require the adoption of CAP for EAS 
alerts?  If CAP were to be adopted, would it allow simultaneous 
distribution to radio, television, and wireless media such as 
mobile telephones and PDAs?  How would CAP be used to ensure 
uniformity of alerts across such multiple platforms?  For 
example, if the White House were to issue a national message how 
would CAP accommodate an audio message with a shorter, text-based 
message appropriate for a PDA screen?
Issues specific to particular technologies.  We also seek comment 
on issues in the comments that relate to specific technologies.  
For example, we seek comment on assertions by Echostar, Sirius 
and XM that DTH and SDARS providers should not be required to 
deliver state and local messages.204  As we note in today's 
Order, because most EAS alerts are local, the ability to deliver 
a state or local message is an essential element of an effective 
alert and warning system.  We seek comment on how technologies 
like DTH and SDARS, which are designed to receive and deliver 
national programming, could deliver local alerts.  For example, 
should DTH providers design the capability into their 
transmission systems and their next generation digital set top 
boxes to deliver state and local EAS alerts to only the 
appropriate state and local audiences?  We also seek comment on 
technical solutions that would allow SDARS providers to 
efficiently deliver state and local alerts and ask whether we 
should require all digital radio services (whether SDARS or DAB) 
to broadcast warnings over the digital displays on receivers.  
Finally, we seek comment on whether the Commission should adopt 
weekly test transmission requirements for DBS providers and, if 
so, what those requirements should be.
Wireless products are becoming an equal to television and radio 
as an avenue to reach the American public quickly and 
efficiently.  We note the participation of the wireless industry 
in FEMA's current IPAWS pilot projects, which are discussed 
below.  What further steps should the Commission take to 
facilitate wireless provision of alert and warning?  Should the 
Commission require wireless carriers to provide alerts and 
warnings?  We note that many commenters in the underlying 
proceeding have advocated a point-to-multi-point, or cell 
broadcast approach to wireless alert and warning.205  In 
addition, commenters have identified technologies that enable 
wireless handsets to receive EAS alerts.206  We seek comment on 
these and other approaches to wireless alert and warning.  
Parties should address whether each approach permits use of a 
common messaging protocol.  Finally, we seek comment on whether 
each approach would require customers to return and replace their 
current handsets and, if so, whether any financial impact of 
handset return would offset the public benefit of providing 
wireless alert and warning?  Parties should address economic as 
well as technical issues in their comments.
Finally, traditional telephone companies recently have indicated 
that they plan to compete with cable television service providers 
and DTV broadcasters in bringing high definition digital content 
to customers' homes through fiber optic connections.207  Under 
these circumstances, should telephone companies have public alert 
and warning responsibilities similar to those of the other news 
and entertainment providers covered in this docket?  Are there 
particular attributes of wireline technology that would make it 
easier to deliver alert and warning to the public?  Are there 
attributes that do not lend themselves to the provision of alert 
and warning?  Are there policy considerations the Commission 
should consider regarding requiring telephone companies that 
provide content also to provide alert and warning?
Government Efforts To Develop Digital Warning System.  The 
Congressional Research Service (CRS) published a report titled, 
``Emergency Communications: The Emergency Alert System (EAS) and 
All-Hazard Warnings.''208  In the report, CRS noted many of the 
same government efforts to develop a digital warning system as 
discussed in the EAS NPRM, about which comments were filed in the 
record.  Specifically, CRS discussed the ongoing pilot projects 
of FEMA, the Information Analysis and Infrastructure Protection 
directorate at DHS, and the Association of Public Television 
Stations (APTS) to develop an Integrated Public Alert and Warning 
System (IPAWS).  CRS notes the project's current testing of 
digital media - including digital TV - to send emergency alert 
data over telephone, cable, wireless devices, broadcast media and 
other networks.  What role should the Commission play with 
respect to these FEMA efforts?   
Performance Standards.  Will performance standards be necessary 
to ensure that the American public receives public alert and 
warning in an accurate and timely fashion?  Should the Commission 
have a role in the development of such standards?  Once 
developed, should the Commission have a role in the enforcement 
of such standards?  Elements of proposed standards could be the 
length of time it takes to get a particular message, and the 
accuracy of the message.  Will standards be necessary to ensure 
the accuracy and timeliness of messages delivered across multiple 
platforms?  To ensure that standards are maintained, should the 
Commission adopt reporting obligations for providers of alert and 
warning?  Alternatively, are current requirements, based on 
regular testing of equipment, sufficient?  Are there other ways 
for the Commission to monitor implementation of its EAS rules 
without imposing reporting requirements?  For example, could 
testing be monitored by third parties to ensure compliance?  If 
the Commission adopts additional reporting requirements, what are 
the appropriate deadlines for such progress reports?  Under what 
authority could the Commission take such actions?  
Coordination with State and Local Governments.  We recognize the 
historic and important role of states and localities in public 
safety matters, and the essential role that state and local 
governments play in delivering alert and warning.  Recent 
experience also demonstrates the devastating impact that natural 
disasters can have on the health and safety of a substantial 
number of people in a particular state or region.  For this 
reason, it may serve the public interest to give state governors 
the ability to utilize EAS facilities in order to disseminate 
potentially life-saving information under such circumstances.  
Accordingly, we seek comment on whether our rules should be 
amended to require EAS participants to transmit EAS messages 
issued by the governor(s) of the state(s) in which they provide 
service.  We further ask whether, if such a requirement were 
adopted, we should also adopt an additional originator code for 
state governors in section 11.31(d) of our rules.  We also seek 
comment on how we can best work with the states to help implement 
the EAS rules we adopt today as well as to develop the next 
generation of alert and warning systems.  In particular, we note 
that there is a vital connection between state and local alert 
and warning and Federal efforts to mitigate disasters.  In the 
EAS NPRM, we noted the importance of state and local EAS plans 
and sought comment on several issues related to these EAS plans, 
including whether periodic updating and review of these plans 
should be required and, if so, how often.209  We now also seek 
comment on whether our rules should be revised to require that 
states notify the Commission of any changes in EAS participants' 
state EAS Local Area and/or EAS designation (PEP, LP1, LP2, SR, 
LR, etc.) within thirty days of such change.  In the absence of 
any such change, should we require a yearly confirmation that all 
state EAS Local Area and EAS designations remain the same?
Accessibility to Persons with Disabilities.  We also seek comment 
regarding how we may, consistent with the Order we adopt today, 
make EAS alerts more accessible to people with disabilities.  The 
Commission is committed to ensuring that persons with 
disabilities have equal access to public warnings and are 
considered in emergency preparedness planning.  In the United 
States, there are approximately 30.8 million adults with some 
level of hearing loss and approximately 19.1 million adults with 
vision trouble - that is 15% and 9.3% of the total U.S. adult 
population, respectively.210  It is critical that we ensure that 
these large segments of our population have full access to EAS 
messages.  
In the EAS NPRM, the Commission sought comment on whether there 
are disparities in or conflicts between the EAS rules and those 
contained in section 79.2 that should be reconciled or combined 
and the manner in which such disparities or conflicts could be 
resolved in subsequent rules.211  Currently, our Part 11 rules 
require EAS participants to provide all EAS warnings that they 
transmit in both aural and visual formats.212  The visual EAS 
message transmitted by television stations, cable systems and 
wireless cable systems must include the elements of the EAS 
header code, specifically, the originator, event, location and 
the valid time period of the EAS message.213  In addition, an EAS 
attention signal must precede the emergency message.214  
Section 79.2 of our rules requires video programming 
distributors215 to make the audio portion of emergency 
information accessible to persons with hearing disabilities using 
closed captioning or other methods of visual presentation.216  
Video programming distributors must also ensure that emergency 
information provided in the video portion of a regularly 
scheduled newscast, or a newscast that interrupts regular 
programming, is accessible to persons with visual disabilities 
through aural description in the main audio, such as open video 
description.217  Emergency information is defined as information 
about a current emergency that is intended to further the 
protection of life, health, safety, and property, i.e. critical 
details regarding the emergency and how to respond to the 
emergency.218
Many commenters to the EAS NPRM argued that one of the major 
shortcomings of EAS is the lack of the same specific information 
in the visual, text display of the EAS message as that present in 
the EAS audio feed generated by the source of the message.219  
SBE states that this discrepancy is because the visual portion of 
the EAS message is derived from the header code of the message, 
rather than from the audio feed.220  We seek comment as to 
whether EAS television crawls lack specificity due to the 
``disconnect'' between the generic information contained in the 
digital header codes and the information contained in the audio 
portion of the EAS message.  
SBE argues that one solution to this problem would be the 
addition, by the EAS message originator, of textual information 
within the EAS message containing the same information as the 
audio message.  We agree and encourage EAS message originators 
such as FEMA and state emergency operations centers to provide 
EAS messages in audio and visual format to make EAS messages 
fully accessible to individuals with hearing and visual 
disabilities.  Video programming distributors could then provide 
detailed aural and text EAS messages merely by providing the EAS 
message in the format received.   
Absent such action by EAS message originators, we seek comment on 
whether individuals with hearing and vision disabilities may be 
subject to inconsistent aural and visual information in EAS 
alerts.  We also seek comment on whether we should revise our EAS 
rules to require all video programming distributors subject to 
the Commission's Part 11 rules to provide the same information in 
both the visual and aural versions of all EAS messages, instead 
of only the header code information that EAS participants now 
provide visually or the critical details of the emergency 
information as required by section 79.2.221  Should parties 
subject to the Commission's EAS rules be required to make an 
audio EAS message accessible to those with hearing disabilities 
by using a transcription of the audio message through the use of 
closed captioning or other methods of visual presentation, such 
as open captioning, crawls, or scrolls, that appear on the 
screen?222  SBE argues that in order to provide a visual message 
identical to the audio feed, providers would have to transcribe 
the feed accurately and in real time into a character generator, 
something for which very few television stations and cable 
companies have the resources.223  We seek comment on SBE's 
assertions.  Should parties subject to the Commission's EAS rules 
be required to provide an audio feed that duplicates any text 
portion of an EAS alert?  To the extent that an EAS message 
contains other visual elements, should parties subject to the 
Commission's EAS rules be required to describe such visual 
portions?  Will these obligations impose different technical or 
financial burdens on the various media that must comply with the 
Commission's EAS rules?224  Parties should discuss in detail any 
relevant technical or financial issues.  
We also seek comment on how any next-generation, digitally-based 
alert and warning system can be developed in a manner that 
assures that persons with disabilities will be given equal access 
to alert and warning as other Americans.  Further, we seek 
comment on how we can incorporate the Commission's existing 
disability access rules into the development of a more 
comprehensive EAS?  For example, the Commission's rules set forth 
operational and technical standards for telecommunications relay 
services (TRS), a nationwide system which permits persons with 
hearing and speech disabilities to have access to the telephone 
system.  Can a digitally-based alert and warning system take 
advantage of this system?  Further, we seek comment on whether 
the development of such a state-of-the-art alert and warning 
system would affect the obligations imposed by the Commission's 
rules that implement section 255 of the Act, which requires 
telecommunications manufacturers and service providers to make 
their products and services accessible to people with 
disabilities?  To what extent can revisions in the Commission's 
closed captioning rules be made to enhance the dissemination of 
emergency information?  Commenters should comment on these and 
other issues relevant to how can we take account of those with 
disabilities as we develop a next generation EAS.  Are there any 
additional steps that the Commission can take to ensure that 
people with disabilities are considered during the design process 
of such a system?  For example, should the Commission adopt 
requirements that may be factored into the design process and, if 
so, what type of requirements?
Multilingual EAS Messages.  Sections 11.54(b)(7) and 11.55(c)(4) 
of the Commission's rules provide that EAS announcements may be 
made in the same language as the primary language of the 
station.225  In the EAS NPRM, the Commission sought comment on 
whether current methods of providing alerts and warnings to non-
English speaking persons are adequate and, if not, what 
additional provisions are necessary and what costs would be 
associated with implementing such provisions.226  On September 
22, 2005, the Independent Spanish Broadcasters Association, the 
Office of Communication of the United Church of Christ, Inc., and 
the Minority Media and Telecommunications Council filed a 
Petition for Immediate Relief with the Commission proposing 
changes to the Commission's EAS rules to require stations to air 
EAS messages in other languages in addition to English.227  We 
seek comment on the issues raised in the petition and, for this 
purpose, we incorporate the petition as well as the other 
pleadings filed in response to the petition into the record of 
this proceeding.228  For example, we seek comment on how this 
proposal would be implemented.  We also seek comment on any other 
proposals regarding how to best alert non-English speakers.  
Until we address these issues, we encourage that multilingual 
emergency information be provided in areas where a significant 
proportion of the population has its primary fluency in languages 
other than English.
V.   PROCEDURAL MATTERS
     V.A.      Ex Parte Presentations 
This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.229  
Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentations must contain summaries of 
the substance of the presentations and not merely a listing of 
the subjects discussed.  More than a one or two sentence 
description of the views and arguments presented is generally 
required.230  Other requirements pertaining to oral and written 
presentations are set forth in section 1.1206(b) of the 
Commission's rules.  
     V.B.      Comment Filing Procedures
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 C.F.R §§ 1.415, 1.419, interested parties may file comments 
and reply comments on or before the dates indicated on the first 
page of this document.  All filings related to this Order and the 
Further Notice of Proposed Rulemaking should refer to EB Docket 
No. 04-296.  Comments may be filed using:  (1) the Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal 
Government's eRulemaking Portal, or (3) by filing paper copies.  
See Electronic Filing of Documents in Rulemaking Proceedings, 63 
FR 24121 (1998).
  n  Electronic Filers:  Comments may be filed electronically 
     using the Internet by accessing the ECFS:  
     http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking 
     Portal:  http://www.regulations.gov.  Filers should follow 
     the instructions provided on the website for submitting 
     comments.  

       n  For ECFS filers, if multiple docket or rulemaking 
          numbers appear in the caption of this proceeding, 
          filers must transmit one electronic copy of the 
          comments for each docket or rulemaking number 
          referenced in the caption.  In completing the 
          transmittal screen, filers should include their full 
          name, U.S. Postal Service mailing address, and the 
          applicable docket or rulemaking number.  Parties may 
          also submit an electronic comment by Internet e-mail.  
          To get filing instructions, filers should send an e-
          mail to ecfs@fcc.gov, and include the following words 
          in the body of the message, ``get form.''  A sample 
          form and directions will be sent in response.

  n  Paper Filers:  Parties who choose to file by paper must file 
     an original and four copies of each filing.  If more than 
     one docket or rulemaking number appears in the caption of 
     this proceeding, filers must submit two additional copies 
     for each additional docket or rulemaking number.

     Filings can be sent by hand or messenger delivery, by 
     commercial overnight courier, or by first-class or overnight 
     U.S. Postal Service mail (although we continue to experience 
     delays in receiving U.S. Postal Service mail).  All filings 
     must be addressed to the Commission's Secretary, Office of 
     the Secretary, Federal Communications Commission.

       n  The Commission's contractor will receive hand-delivered 
          or messenger-delivered paper filings for the 
          Commission's Secretary at 236 Massachusetts Avenue, 
          NE., Suite 110, Washington, DC  20002.  The filing 
          hours at this location are 8:00 a.m. to 7:00 p.m.  All 
          hand deliveries must be held together with rubber bands 
          or fasteners.  Any envelopes must be disposed of before 
          entering the building.

       n  Commercial overnight mail (other than U.S. Postal 
          Service Express Mail and Priority Mail) must be sent to 
          9300 East Hampton Drive, Capitol Heights, MD  20743.

       n  U.S. Postal Service first-class, Express, and Priority 
          mail should be addressed to 445 12th Street, SW, 
          Washington DC  20554.

     V.C.      Accessible Formats
To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio 
format), send an e-mail to fcc504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).
     V.D.      Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, see 5 
U.S.C. § 604, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA) of the possible significant economic 
impact on small entities of the policies and rules addressed in 
this document.  The FRFA is set forth in Appendix D.
As required by the Regulatory Flexibility Act of 1980, see 5 
U.S.C. § 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic 
impact on small entities of the policies and rules addressed in 
this document.  The IRFA is set forth in Appendix E.  Written 
public comments are requested on the IRFA.  These comments must 
be filed in accordance with the same filing deadlines as comments 
filed in response to this Further Notice of Proposed Rulemaking 
as set forth in paragraph 83, and have a separate and distinct 
heading designating them as responses to the IRFA.
     V.E.      Paperwork Reduction Act Analysis
This First Report and Order contains new and modified information 
collection requirements subject to the Paperwork Reduction Act of 
1995 (PRA), Public Law 104-13.  It will be 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 and modified 
information collection requirements contained in this proceeding.  
In addition, we note that pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. § 
3506(c)(4), we previously sought specific comment on how the 
Commission might ``further reduce the information collection 
burden for small business concerns with fewer than 25 
employees.''  In this present document, we have assessed the 
effects of expanding the reach of EAS to cover DTV, DAB, digital 
cable, DBS and SDARS providers, and find that this imposes 
minimal regulation on small entities to the extent consistent 
with our goal of advancing our public safety mission.  
     V.F.      Congressional Review Act
The Commission will send a copy of this Report and Order 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).
VI.  ORDERING CLAUSES
Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 
4(o), 303(r), 403, 624(g) and 706 of the Communications Act of 
1934, as amended, 47 U.S.C. §§ 151, 154(i) and (o), 303(r), 403, 
554(g), and 606, the Report and Order in EB Docket No. 04-296 IS 
ADOPTED, and that Part 11 of the Commission's Rules, 47 C.F.R. 
Part 11, is amended as set forth in Appendix B.  The Order shall 
become effective 30 days after publication in the Federal 
Register.  The rules set forth in Appendix B shall become 
effective for digital television broadcasters, digital audio 
broadcasters, digital cable systems and SDARS licensees on 
December 31, 2006, and for DBS providers on May 31, 2007, except 
that new or modified information collection requirements 
contained in Appendix B will not become effective prior to OMB 
approval.
IT IS FURTHER ORDERED that pursuant to sections 1, 4(i), 4(o), 
303(r), 403, 624(g) and 706 of the Communications Act of 1934, as 
amended, 47 U.S.C. §§ 151, 154(i) and (o), 303(r), 403, 554(g), 
and 606, the Further Notice of Proposed Rulemaking in EB Docket 
No. 04-296 IS ADOPTED.
IT IS FURTHER ORDERED that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL 
SEND a copy of this First Report and Order and Further Notice of 
Proposed Rulemaking, including the Final Regulatory Flexibility 
Analysis and the Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Marlene H. Dortch
                              Secretary

                            APPENDIX A
                        LIST OF COMMENTERS

                 Comments in EB Docket No.  04-296


Commenters                                                  
  Abbreviation

Abbott, Adrienne                                            
  Abbott
Alaska Broadcasters Association and the State Emergency 
  Communications Committee    ABA/ASECC
Alert Systems, Inc.                                         Alert 
  Systems
Alpena, MI, City of                                         
  Alpena
American Cable Association                                       
  ACA
American Foundation for the Blind                                
  AFB
American Teleservices Association                                
  ATA
Ann Arbor, MI, City of                                           
  Ann Arbor
Association of Public Television Stations                        
  APTS
Auburn and Northborough, Massachusetts, Towns of                 
Auburn-Northborough
Brookstone, Melissa and Jennifer                                 
Brookstone
California Broadcasters Association                              
  CBA
Capitol Broadcasting Company, Inc.                               
  CBC
Carlsbad, CA, City of                                            
  Carlsbad
Cellular Emergency Alert Service Association                     
  CEASA
Cellular Telecommunications & Internet Association               
  CTIA
Charleston County, SC                                            
  Charleston 
Charter Communications, Inc.                                     
  Charter
Consumer Electronics Association                                 
  CEA
Contra Costa County Community Warning System                
  Contra Costa County
Corr Wireless Communications, LLC                                
  Corr
Cox Broadcasting, Inc.                                           
  Cox
Croghan, Bill                                               
  Croghan
Deeds, Douglas                                              Deeds
Developers ? Sage Alerting Systems ENDEC, Gerald LeBow and Harold 
  Price        Developers
Digital Alert Systems, LLC                                       
  DAS
Dodds, Betty J.                                                  
  Dodds
Elk Grove Village                                           Elk 
  Grove
Entergy Nuclear Northeast, Michael J. Slobodien                  
  Entergy
Estlack, Larry A.                                           
  Estlack
Fontana, CA, City of                                             
  Fontana
Georgetown University                                            
  Georgetown
Global Marketing Solutions, Inc.                                 
  Global
Harris Corporation                                          
  Harris
Hearst-Argyle Television, Inc.                                   
  Hearst-Argyle
Howard-Thurst, Paul                                         
Howard-Thurst
Intergovernmental Advisory Committee (Jenny Hansen), FCC         
  IAC
Intrado, Inc.                                               
  Intrado
Iowa City, Iowa, City of                                         
  Iowa City
Jefferson Pilot Communications Company                           
  Jefferson-Pilot
Liberty Corporation                                         
  Liberty
LogicaCMG plc                                               
  LogicaCMG
Lowell, Massachusetts, City of                                   
  Lowell
Maine State Emergency Communications Committee                   
Maine SECC
Marquette, MI, City of                                           
  Marquette
McDonough, Robert                                           
  McDonough
Midland Radio Corporation                                        
  Midland
Municipalities and Municipal Organizations                       
  Municipalities
Named State Broadcasters Associations                            
  Named SBA
National Association of Broadcasters                             
  NAB
National Association of Broadcasters and Association for Maximum 
  Service TV, Inc.  NAB/MSTV
National Association of Broadcasters/Florida Association of 
  Broadcasters      NAB/FAB
National Association of State Chief Information Officers         
  NASCIO  
National Cable & Telecommunications Association                  
  NCTA
National Center for Missing & Exploited Children                 
  NCMEC
New Hampshire SECC, Edward W. Brouder, Jr., Chairman,            
  NH SECC
Newell, Thomas A., Facilities Engineer                           
  Newell
North Carolina Association of Broadcasters                       
  NCAB         
North Carolina State Emergency Communications Committee          
  NC SECC
Ohio Association of Broadcasters                                 
  OAS
Ohio Emergency Management Agency                                 
  Ohio EMA
Osenkowsky, Thomas G.                                       
  Osenkowsky
Pappas Telecasting Companies                                     
  Pappas
Partnership for Public Warning                                   
  PPW
Primary Entry Point Advisory Committee, Inc.                     
  PEPAC
Putkovich, Kenneth                                               
  Putkovich
RadioShack Corporation                                      
  RadioShack
Rau, Dan                                               Rau
Rehabilitation Engineering Research Center on Mobile Wireless 
  Technologies      RERC Wireless
Rehabilitation Engineering Research Center on Telecommunications 
  Access       RERC
Richards, Tristan, Chair, Maine SECC                             
  Richards
Ruhwiedel, Henry                                            
  Ruhwiedel
Rural Cellular Association                                       
RCA
Santa Clara County Emergency Managers Association                
  Santa Clara EMA
Satellite Broadcasting and Communications Association            
  SBCA
SatStream Systems Corp, Michael G. Lee                           
  SatStream
Seven Ranges Radio Co., Inc.                                     
  Seven Ranges
Sheerin, Peter K.                                           
  Sheerin
Simar, Douglas S.                                           Simar
Sirius Satellite Radio, Inc.                                     
  Sirius
Society of Broadcast Engineers, Inc.                             
SBE
Southeastern Michigan Counties and Municipalities (Neil J. Lehto)
  SE Michigan Counties
Stewart, Dwight                                             
  Stewart
Stussy, D.                                                  
  Stussy
SWN Communications, Inc.                                    SWN
Telecommunications for the Deaf, Inc. et. al.                    
                              TDI
Telecommunications Industry Association                          
  TIA
TFT, Inc.                                              TFT
Timm, Gary E., Chair, Wisconsin SECC                             
  Timm
Torrance, CA, City of                                            
  Torrance
Trilithic, Inc.                                                  
Trilithic 
Verizon                                                     
  Verizon
Walnut Creek, CA, City of                                        
  Walnut Creek
Ward, Dr. Peter L.                                          Dr. 
  Ward
WTOP-AM, (WTOP-FM) and WXTR-AM                              
WTOP/WXTR
XM Radio Inc.                                               XM
Yount, Steven                                               Yount

Reply Commenters                                            
  Abbreviation

Alert Systems, Inc.                                         Alert 
  Systems
American Cable Association                                       
  ACA
Ann Arbor, MI, City of                                           
  Ann Arbor
BellSouth Entertainment, LLC                                     
  BellSouth
Cadillac, MI, City of                                            
  Cadillac
Cellular Telecommunications and Internet Association             
  CTIA
Consumer Electronics Association                                 
  CEA
Cowan, Terry A.                                             Cowan
Dubuque, Iowa, City of                                           
  Dubuque
``ec'', Comments of                                              
  ``ec''
EchoStar Satellite, LLC                                          
  EchoStar
FEMA, Director, Office of Nat'l Security Coordination            
  FEMA
Hoffman Estates, Illinois, Village of                            
Hoffman Estates
LogicaCMG plc                                               
  LogicaCMG
Mesa, Arizona, City of                                           
  Mesa
Municipalities and Municipal Organizations                       
  Municipalities
Named State Broadcasters Associations                            
  Named SBA
National Cable & Telecommunications Association                  
  NCTA
Orange County Local Emergency Communications Committee           
  Orange County LECC 
Oregon State Communications Commission                           
  Oregon SCC
Putkovich, Kenneth                                          
  Putkovich
RadioShack Corporation                                      
  RadioShack
Ruhwiedel, Henry                                            
  Ruhwiedel
Satellite Broadcasting and Communications Association            
  SBCA
Society of Broadcast Engineers, Inc.                             
  SBE
Southeastern Michigan Counties & Municipalities                  
  SE Michigan Counties
St. Tammany Parish                                          St. 
  Tammany
TFT, Inc.                                              TFT
T-Mobile USA, Inc.                                          T-
  Mobile
XM Radio Inc.                                               XM

Ex Parte Commenters                                         
Abbreviation

3G Americas                                                 3G
Active Data Exchange, Inc.                                       
  Active Data
Advanced Television Systems                                      
  ATS
Alert Systems, Inc.                                         Alert 
  Systems
American Cable Association                                       
  ACA
Azos AI, LLC                                                Azos
Bautista, Greg                                              
  Bautista
Bekey, Ivan                                                 Bekey
Cellular Emergency Alert Systems Association                     
  CEASA
Cellular Emergency Alert Systems Association International (Mark 
  Wood)   CEASA International
Cellular Telecommunications & Internet Association               
  CTIA
Consumer Electronics Association                                 
  CEA
Consumers Union 10/20/05 ex parte filing     Consumers Union
Cook, Katherine                                             Cook
Digital Alert Systems, LLC                                       
  DAS
DIRECTV, Inc.                                               
  DIRECTV
FCC, Office of Homeland Security, regarding Digital Television   
  DTV ex parte
FCC, Office of Homeland Security, regarding DTH Satellite 
  Services          Satellite DTH ex parte 
Gehlhar, Mhairi                                             
Gehlhar
Global Marketing Solutions, Inc.                                 
  Global
Hines, Kinsey                                               Hines
Independent Spanish Broadcasters Association,                    
  MMTC
  Office of Communications of United Church of Christ, Inc., and 
  Minority Media and Telecommunications Council
INTELSAT                                               INTELSAT
Kluttz, Andrew                                              
  Kluttz
Labanow, David J.                                           
  Labanow
LogicaCMG Global Telecoms                                        
  LogicaCMG 
Luna, Hector Eden                                           Luna
Named State Broadcasters Associations                            
  Named SBA
National Association of Broadcasters                             
  NAB 
National Association of Telecommunications Officers and Advisors 
  NATOA
Nextel Communications, Inc.                                      
  Nextel
Nortel                                                      
  Nortel
PanAmSat                                               PanAmSat
RadioShack Corporation                                      
  RadioShack
Robbins, Bert                                               
  Robbins
Ruhwiedel, Henry                                            
  Ruhwiedel
Rural Cellular Association                                       
  RCA
Schacter, Janice                                                 
  Schacter
SES American                                                SES 
  American
Sirius Satellite Radio, Inc.                                     
  Sirius
Trilithic, Inc.                                                  
  Trilithic
USA Mobility, Inc.                                          USA 
  Mobility
Ward, Dr. Peter L.                                          Dr. 
  Ward
Wiley Rein & Fielding, LLP                                       
  Wiley Rein
XM Radio Inc.                                               XM








                            APPENDIX B


For the reasons discussed in the preamble, the Federal 

Communications Commission amends 47 C.F.R. Part 11 as follows:

             PART 11 - EMERGENCY ALERT SYSTEM (EAS)

     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. 

     2.   Revise § 11.1 to read as follows:

§ 11.1  Purpose.

This part contains rules and regulations providing for an 

Emergency Alert System (EAS).  The EAS provides the President 

with the capability to provide immediate communications and 

information to the general public at the National, State and 

Local Area levels during periods of national emergency.  The 

rules in this part describe the required technical standards and 

operational procedures of the EAS for analog AM, FM, and TV 

broadcast stations, digital broadcast stations, analog cable 

systems, digital cable systems, wireless cable systems, Direct 

Broadcast Satellite (DBS) services, Satellite Digital Audio Radio 

Service (SDARS), and other participating entities.  The EAS may 

be used to provide the heads of State and local government, or 

their designated representatives, with a means of emergency 

communication with the public in their State or Local Area. 

     3.   Amend § 11.11 by revising paragraphs (a), (b) and (e) 

       to read as follows:

§ 11.11  The Emergency Alert System (EAS).

(a)  The EAS is composed of analog radio broadcast stations 

  including AM, FM, and Low-power FM (LPFM) stations; digital 

  audio broadcasting (DAB) stations, including digital AM, FM, 

  and Low-power FM stations; analog television broadcast 

  stations including Class A television (CA) and Low-power TV 

  (LPTV) stations; digital television (DTV) broadcast stations, 

  including digital CA and digital LPTV stations; analog cable 

  systems; digital cable systems which are defined for purposes 

  of this Part only as the portion of a cable system that 

  delivers channels in digital format to subscribers at the 

  input of a Unidirectional Digital Cable Product or other 

  navigation device; wireless cable systems which may consist of 

  Broadband Radio Service (BRS), or Educational Broadband 

  Service (EBS) stations; DBS services, as defined in 47 C.F.R. 

  § 25.701(a) (including certain Ku-band Fixed-Satellite Service 

  Direct to Home providers); SDARS, as defined in 47 C.F.R. 

  § 25.201; participating broadcast networks, cable networks and 

  program suppliers; and other entities and industries operating 

  on an organized basis during emergencies at the National, 

  State and local levels.  These entities are referred to 

  collectively as EAS Participants in this Part, and are subject 

  to this Part, except as otherwise provided herein.  These 

  rules in this Part are effective on December 31, 2006 for DTV, 

  DAB, digital cable and SDARS providers, and on May 31, 2007 

  for DBS providers.  At a minimum EAS Participants must use a 

  common EAS protocol, as defined in §11.31, to send and receive 

  emergency alerts in accordance with the effective dates listed 

  above and in the following tables:



                 Analog and Digital Broadcast Stations
----------------------------------------------------------------------
------------------------------------------
EAS Equipment            AM & FM   Digital     TV       DTV     FM 
Class D\1\  LPTV \2\  LPFM \3\  Class A TV\4\
Requirement                  AM & FM
----------------------------------------------------------------------
------------------------------------------
Two-tone encoder \5\ \6\ Y         Y 12/31/06   Y         Y 12/31/06    
N          N          N            Y
EAS decoder..............Y 1/1/97   Y 12/31/06   Y 1/1/97   Y 12/31/06    
Y 1/1/97    Y 1/1/97     Y            Y
EAS encoder..............Y 1/1/97   Y 12/31/06   Y 1/1/97   Y 12/31/06    
N          N           N            Y
Audio message............Y 1/1/97   Y 12/31/06   Y 1/1/97   Y 12/31/06    
Y 1/1/97    Y 1/1/97     Y            Y
Video message............N/A       N/A        Y 1/1/97   Y 12/31/06    
N/A        Y 1/1/97     N/A          Y
----------------------------------------------------------------------
------------------------------------------
\1\ Effective December 31, 2006, digital FM Class D stations have the 
same requirements.
\2\ LPTV stations that operate as television broadcast translator 
stations are exempt from the requirement to
  have EAS equipment.  Effective December 31, 2006, digital LPTV 
stations have the same requirements.
\3\ LPFM stations must install a decoder within one year after the FCC 
publishes in the Federal Register a
  public notice indicating that at least one decoder has been 
certified by the FCC.  Effective December 31, 2006, digital LPFM 
stations have the same requirements.
\4\ Effective December 31, 2006, digital Class A TV stations have the 
same requirements.  
\5\Effective July 1, 1995, the two-tone signal must be 8-25 seconds.
\6\ Effective January 1, 1998, the two-tone signal may only be used to 
provide audio alerts to audiences before
  EAS emergency messages and the required monthly tests.
                                                  Analog Cable Systems
[A. Analog cable systems serving fewer than 5,000 subscribers from a 
headend must either provide the National level EAS message on all 
programmed channels_including the required testing_by October 1, 2002, 
or comply with the following EAS requirements. All other analog cable 
systems must comply with B.]
----------------------------------------------------------------------
------------------------------------------
                                                            System 
size and effective dates
                                     ---------------------------------
------------------------------------------
    B. EAS Equipment Requirement                                
>=5,000 but < 10,000
                                        >=10,000 subscribers          
subscribers         <5,000 subscribers
----------------------------------------------------------------------
------------------------------------------
Two-tone signal from storage device   Y 12/31/98                Y 
10/1/02                Y 10/1/02
 \1\.
EAS decoder \3\.....................  Y 12/31/98                Y 
10/1/02                Y 10/1/02
EAS encoder \2\.....................  Y 12/31/98                Y 
10/1/02                Y 10/1/02
Audio and Video EAS Message on all    Y 12/31/98                Y 
10/1/02                N
 channels.
Video interrupt and audio alert       N                         N                        
Y 10/1/02
 message on all channels,\3\ Audio
 and Video EAS message on at least
 one channel.
----------------------------------------------------------------------
------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience 
before EAS emergency messages and
  required monthly test. The two-tone signal must be 8-25 seconds in 
duration.
\2\ Analog cable systems serving <5,000 subscribers are permitted to 
operate without an EAS encoder if they install an FCC-certified 
decoder.
\3\ The Video interrupt must cause all channels that carry programming 
to flash for the duration of the EAS
  emergency message. The audio alert must give the channel where the 
EAS messages are carried and be repeated
  for the duration of the EAS message.
Note: Programmed channels do not include channels used for the 
transmission of data such as interactive games.

               Wireless Cable Systems (BRS/EBS STATIONS)
[A. Wireless cable systems serving fewer than 5,000 subscribers from a 
single transmission site must either provide the National level EAS 
message on all programmed channels_including the required testing_by 
October 1, 2002, or comply with the following EAS requirements. All 
other wireless cable systems must comply with B.]
----------------------------------------------------------------------
--
                                     System size and effective dates
                                --------------------------------------
--
  B. EAS Equipment Requirement         >= 5,000           < 5,000
                                     subscribers          subscribers
----------------------------------------------------------------------
--
EAS decoder....................  Y 10/1/02..........  Y 10/1/02
EAS encoder 1 2................  Y 10/1/02..........  Y 10/1/02
Audio and Video EAS Message on   Y 10/1/02..........  N
 all channels \3\.
Video interrupt and audio alert  N..................  Y 10/1/02
 message on all channels; \4\
 Audio and Video EAS message on
 at least one channel.
----------------------------------------------------------------------
--
\1\ The two-tone signal is used only to provide an audio alert to an
  audience prior to an EAS emergency message or to the Required 
Monthly
  Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8-25
  seconds in duration.
\2\ Wireless cable systems serving < 5,000 subscribers are permitted
  to operate without an EAS encoder if they install an FCC-certified
  decoder.
\3\ All wireless cable systems may comply with this requirement by
  providing a means to switch all programmed channels to a 
predesignated
  channel that carries the required audio and video EAS messages.
\4\ The Video interrupt must cause all channels that carry programming
  to flash for the duration of the EAS emergency message. The audio
  alert must give the channel where the EAS messages are carried and 
be
  repeated for the duration of the EAS message.
Note: Programmed channels do not include channels used for the 
transmission of data services such as Internet. 
                                              Digital Cable Systems
 [A. Digital cable systems serving fewer than 5,000 subscribers from a 
headend must either provide the National level EAS message on all 
programmed channels_including the required testing_by December 31, 
2006, or comply with the following EAS requirements. All other digital 
cable systems must comply with B.]
----------------------------------------------------------------------
------------------------------------------
                                            System size and effective 
dates
----------------------------------------------------------------------
------------------------------------------
    B. EAS Equipment Requirement      >=5,000 subscribers          
<5,000 subscribers
----------------------------------------------------------------------
------------------------------------------
Two-tone signal from storage device   Y 12/31/06                    Y 
12/31/06
 \1\.
EAS decoder \3\.....................  Y 12/31/06                    Y 
12/31/06
EAS encoder \2\.....................  Y 12/31/06                    Y 
12/31/06
Audio and Video EAS Message on all    Y 12/31/06                    N
 channels \4\
Video interrupt and audio alert       N                             Y 
12/31/06
 message on all channels,\3\ Audio
 and Video EAS message on at least
 one channel.
----------------------------------------------------------------------
------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience 
before EAS emergency messages and
  required monthly test. The two-tone signal must be 8-25 seconds in 
duration.
\2\ Digital cable systems serving <5,000 subscribers are permitted to 
operate without an EAS encoder if they install an FCC-certified 
decoder.
\3\ The Video interrupt must cause all channels that carry programming 
to flash for the duration of the EAS
  emergency message. The audio alert must give the channel where the 
EAS messages are carried and be repeated
  for the duration of the EAS message.
\4\ All digital cable systems may comply with this requirement by 
providing a means to switch all programmed channels to a predesignated 
channel that carries the required audio and video EAS messages 
Note: Programmed channels do not include channels used for the 
transmission of data such as interactive games or the transmission of 
data services such as Internet.
                             SDARS and DBS
----------------------------------------------------------------------
------------------------------------------
EAS Equipment Requirement            SDARS                DBS
----------------------------------------------------------------------
------------------------------------------
Two-tone signal \1\                  Y 12/31/06           Y 5/31/07
EAS decoder..............            Y 12/31/06           Y 5/31/07
EAS encoder..............            Y 12/31/06           Y 5/31/07
Audio message on all channels \2\    Y 12/31/06           Y 5/31/07
Video message on all channels \2\       N/A               Y 5/31/07
----------------------------------------------------------------------
------------------------------------------
\1\ Two-tone signal is only used to provide an audio alert to audience 
before EAS emergency messages and
  required monthly test. The two-tone signal must be 8-25 seconds in 
duration.
\2\ All SDARS and DBS providers may comply with this requirement by 
providing a means to switch all programmed channels to a predesignated 
channel that carries the required audio and video EAS messages or by 
any other method that ensures that viewers of all channels receive the 
EAS message.

(b)  Analog class D non-commercial educational FM stations as 

defined in § 73.506, digital class D non-commercial educational 

FM stations, analog LPFM stations as defined in §§ 73.811 and 

73.853, digital LPFM stations, analog LPTV stations as defined 

in § 74.701(f), and digital LPTV stations as defined in 

§ 74.701(k) are not required to comply with § 11.32.  Analog and 

digital LPTV stations that operate as television broadcast 

translator stations, as defined in § 74.701(b) of this chapter, 

are not required to comply with the requirements of this part. 

FM broadcast booster stations as defined in § 74.1201(f) of this 

chapter and FM translator stations as defined in § 74.1201(a) of 

this chapter which entirely rebroadcast the programming of other 

local FM broadcast stations are not required to comply with the 

requirements of this part.  International broadcast stations as 

defined in § 73.701 of this chapter are not required to comply 

with the requirements of this part.  Analog and digital 

broadcast stations that operate as satellites or repeaters of a 

hub station (or common studio or control point if there is no 

hub station) and rebroadcast 100% of the programming of the hub 

station (or common studio or control point) may satisfy the 

requirements of this part through the use of a single set of EAS 

equipment at the hub station (or common studio or control point) 

which complies with §§ 11.32 and 11.33.

* * * * * 

(e)  Organizations using other communications systems or 

technologies such as low earth orbit satellite systems, paging, 

computer networks, etc. may join the EAS on a voluntary basis by 

contacting the FCC.  Organizations that choose to voluntarily 

participate must comply with the requirements of this part.  

     4.   Revise § 11.13 to read as follows:

§  11.13  Emergency Action Notification (EAN) and Emergency 

Action Termination (EAT).

(a)  The Emergency Action Notification (EAN) is the notice to all 

EAS Participants and to the general public that the EAS has been 

activated for a national emergency.

(b)  The Emergency Action Termination (EAT) is the notice to all 

EAS Participants and to the general public that the EAN has 

terminated.

     5.   Revise § 11.15 to read as follows:

§ 11.15  EAS Operating Handbook.

The EAS Operating Handbook states in summary form the actions to 

be taken by personnel at EAS Participant facilities upon receipt 

of an EAN, an EAT, tests, or State and Local Area alerts.  It is 

issued by the FCC and contains instructions for the above 

situations.  A copy of the Handbook must be located at normal 

duty positions or EAS equipment locations when an operator is 

required to be on duty and be immediately available to staff 

responsible for authenticating messages and initiating actions.

     6.   Revise § 11.19 to read as follows:

§ 11.19  EAS Non-participating National Authorization Letter.

This authorization letter is issued by the FCC to EAS 

Participants that have elected not to participate in the national 

level EAS.  It states that the EAS Participant has agreed to go 

off the air or discontinue programming on all channels during a 

national level EAS message.  For licensees this authorization 

will remain in effect through the period of the initial license 

and subsequent renewals from the time of issuance unless returned 

by the holder or suspended, modified, or withdrawn by the 

Commission.  

     7.   Revise § 11.21 introductory text and paragraph (a) to 

       read as follows:

§ 11.21  State and Local Area Plans and FCC Mapbook.

EAS plans contain guidelines which must be followed by EAS 

Participants' personnel, emergency officials, and National 

Weather Service (NWS) personnel to activate the EAS.  The plans 

include the EAS header codes and messages that will be 

transmitted by key EAS sources (NP, LP, SP and SR).  State and 

local plans contain unique methods of EAS message distribution 

such as the use of the Radio Broadcast Data System (RBDS).  The 

plans must be reviewed and approved by the Director, Office of 

Homeland Security, Enforcement Bureau, prior to implementation to 

ensure that they are consistent with national plans, FCC 

regulations, and EAS operation. 

(a)  The State plan contains procedures for State emergency 

management and other State officials, the NWS, and EAS 

Participants' personnel to transmit emergency information to the 

public during a State emergency using the EAS.

* * * * *

     8.   Amend § 11.31 by revising the format code for LLLLLLLL 

       in paragraph (c), revising paragraph (d), and revising 

       the footnotes in paragraphs (e) and (f) to read as 

       follows:

§ 11.31  EAS protocol.

* * * * *

(c)  * * *

LLLLLLLL¾This is the identification of the EAS Participant, NWS 

office, etc., transmitting or retransmitting the message.  These 

codes will be automatically affixed to all outgoing messages by 

the EAS encoder. 

* * * * *

(d)  The only originator codes are: 

----------------------------------------------------------------
                   Originator                   ORG Code
----------------------------------------------------------------
EAS Participant...............................  EAS 
Civil authorities.............................  CIV
National Weather Service......................  WXR
Primary Entry Point System....................  PEP
----------------------------------------------------------------

(e)  * * *

\1\  Effective May 16, 2002, analog radio and television 

broadcast stations, analog cable systems and wireless cable 

systems may upgrade their existing EAS equipment to add these 

event codes on a voluntary basis until the equipment is replaced.  

All models of EAS equipment manufactured after August 1, 2003 

must be capable of receiving and transmitting these event codes.  

EAS Participants that install or replace their EAS equipment 

after February 1, 2004 must install equipment that is capable of 

receiving and transmitting these event codes.

(f)  * * *

\1\  Effective May 16, 2002, analog radio and television 

broadcast stations, analog cable systems and wireless cable 

systems may upgrade their existing EAS equipment to add these 

marine area location codes on a voluntary basis until the 

equipment is replaced. All models of EAS equipment manufactured 

after August 1, 2003, must be capable of receiving and 

transmitting these marine area location codes. EAS Participants 

that install or replace their EAS equipment after February 1, 

2004, must install equipment that is capable of receiving and 

transmitting these location codes.

     9.   Amend § 11.33 by revising paragraphs (a)(4) and (b) 

       introductory text to read as follows:

§ 11.33  EAS Decoder.

(a)  * * *

(4)  Display and logging.  A visual message shall be developed 

from any valid header codes for tests and national activations 

and any preselected header codes received.  The message shall 

include the Originator, Event, Location, the valid time period of 

the message and the local time the message was transmitted.  The 

message shall be in the primary language of the EAS Participant 

and be fully displayed on the decoder and readable in normal 

light and darkness.  All existing and new models of EAS decoders 

manufactured after August 1, 2003 must provide a means to permit 

the selective display and logging of EAS messages containing 

header codes for state and local EAS events.  Effective May 16, 

2002, analog radio and television broadcast stations, analog 

cable systems and wireless cable systems may upgrade their 

decoders on an optional basis to include a selective display and 

logging capability for EAS messages containing header codes for 

state and local events.  EAS Participants that install or replace 

their decoders after February 1, 2004 must install decoders that 

provide a means to permit the selective display and logging of 

EAS messages containing header codes for state and local EAS 

events. 

* * * * * 

(b)  Attention Signal. EAS Decoders shall have detection and 

activation circuitry that will demute a receiver upon detection 

of the two audio tones of 853 Hz and 960 Hz.  To prevent false 

responses, decoders designed to use the two tones for receiver 

demuting shall comply with the following:

* * * * * 

     10.  Amend § 11.34 by revising paragraph (e) to read as 

       follows:

§ 11.34  Acceptability of the equipment.

* * * * *

(e)  Waiver requests of the Certification requirements for EAS 

Encoders or EAS Decoders which are constructed for use by an EAS 

Participant, but are not offered for sale will be considered on 

an individual basis in accordance with part 1, subpart G, of this 

chapter.  

* * * * *

     11.  Revise § 11.35 to read as follows:

§ 11.35  Equipment operational readiness.

(a)  EAS Participants are responsible for ensuring that EAS 

Encoders, EAS Decoders and Attention Signal generating and 

receiving equipment used as part of the EAS are installed so that 

the monitoring and transmitting functions are available during 

the times the stations and systems are in operation.  

Additionally, EAS Participants must determine the cause of any 

failure to receive the required tests or activations specified in 

§ 11.61(a)(1) and (a)(2).  Appropriate entries indicating reasons 

why any tests were not received must be made in the broadcast 

station log as specified in §§ 73.1820 and 73.1840 of this 

chapter for all broadcast streams and cable system records as 

specified in §§ 76.1700, 76.1708, and 76.1711 of this chapter.  

All other EAS Participants must also keep records indicating 

reasons why any tests were not received and these records must be 

retained for two years, maintained at the EAS Participant's 

headquarters, and made available for public inspection upon 

reasonable request.  

(b)  If the EAS Encoder or EAS Decoder becomes defective, the EAS 

Participant may operate without the defective equipment pending 

its repair or replacement for 60 days without further FCC 

authority.  Entries shall be made in the broadcast station log, 

cable system records, and records of other EAS Participants, as 

specified in part (a) of this rule, showing the date and time the 

equipment was removed and restored to service.  For personnel 

training purposes, the required monthly test script must still be 

transmitted even though the equipment for generating the EAS 

message codes, Attention Signal and EOM code is not functioning. 

(c)  If repair or replacement of defective equipment is not 

completed within 60 days, an informal request shall be submitted 

to the District Director of the FCC field office serving the area 

in which the EAS Participant is located, or in the case of DBS 

and SDARS providers to the District Director of the FCC field 

office serving the area where their headquarters is located, for 

additional time to repair the defective equipment.  This request 

must explain what steps have been taken to repair or replace the 

defective equipment, the alternative procedures being used while 

the defective equipment is out of service, and when the defective 

equipment will be repaired or replaced.  

     12.  Revise § 11.41 to read as follows:

§ 11.41  Participation in EAS.

(a)  All EAS Participants specified in § 11.11 are categorized as 

Participating National (PN) sources unless authorized by the FCC 

to be Non-Participating (NN) sources.

(b)  An EAS Participant may submit a written request to the FCC 

asking to be an NN source.  The FCC may then issue a Non-

participating National Authorization letter.  NN sources must go 

off the air during a national EAS activation after transmitting 

specified information.

(1)  An EAS Participant that is an NN source under § 11.18(f) 

that wants to become a PN source in the national level EAS must 

submit a written request to the FCC.

(2)  NN sources may voluntarily participate in the State and 

Local Area EAS. Participation is at the discretion of EAS 

Participant management and should comply with State and Local 

Area EAS Plans.

(c)  All sources, including NN, must have immediate access to an 

EAS Operating Handbook.

     13.  Amend § 11.42 by revising paragraphs (a)(1), (a)(2), 

       (b), and (c) to read as follows: 

§ 11.42  Participation by communications common carriers.

(a)  * * * 

(1)  An originating source from the nearest service area to a 

selected Test Center and then to the EAS Participant for the 

duration of the emergency, provided an Emergency Action 

Notification is issued by the White House and the originating 

source has a local channel from the originating point to the 

nearest service area.

(2)  An independent broadcast station to the radio and television 

broadcast networks and any other EAS Participant provided the 

station has in service a local channel from the station's studio 

or transmitter directly to the broadcast source. 

(b)  Upon receipt of the Emergency Action Termination, the common 

carriers shall disconnect the originating source and the 

participating independent stations and restore the networks and 

other EAS Participants to their original configurations. 

(c)  During a National level EAS Test, common carriers which have 

facilities in place may, without charge, connect an originating 

source from the nearest exchange to a selected Test Center and 

then to any EAS Participant.  Independent stations will not be 

connected during the test unless authorized by the FCC.  Upon 

test termination, EAS Participants shall be restored to their 

original configurations. 

* * * * *

     14.  Amend § 11.44 by revising paragraph (d) to read as 

       follows:

§ 11.44  EAS message priorities.

* * * * *

(d)  During a national emergency, the facilities of all EAS 

Participants must be reserved exclusively for distribution of 

Presidential Messages.  NIC messages received from national 

networks which are not broadcast at the time of original 

transmission must be recorded locally by LP sources for 

transmission at the earliest opportunity consistent with the 

message priorities in paragraph (b) of this section.

     15.  Revise § 11.46 to read as follows:

§ 11.46  EAS public service announcements.

EAS Participants may use Public Service Announcements or obtain 

commercial sponsors for announcements, infomercials, or programs 

explaining the EAS to the public.  Such announcements and 

programs may not be a part of alerts or tests, and may not 

simulate or attempt to copy alert tones or codes.

     16.  Revise § 11.47 to read as follows:

§ 11.47  Optional use of other communications methods and 

systems.

(a)  Analog and digital broadcast stations may additionally 

transmit EAS messages through other communications means.  For 

example, on a voluntary basis, FM stations may use subcarriers to 

transmit the EAS codes including 57 kHz using the RBDS standard 

produced by the National Radio Systems Committee (NRSC) and 

television stations may use subsidiary communications services.

(b)  Other technologies and public service providers, such as low 

earth orbiting satellites, that wish to participate in the EAS 

may contact the FCC's Office of Homeland Security, Enforcement 

Bureau, or their State Emergency Communications Committee for 

information and guidance.  

     17.  Revise § 11.51 to read as follows:  

§ 11.51  EAS code and Attention Signal Transmission requirements. 

(a)  Analog and digital broadcast stations must transmit, either 

automatically or manually, national level EAS messages and 

required tests by sending the EAS header codes, Attention Signal, 

emergency message and End of Message (EOM) codes using the EAS 

Protocol.  The Attention Signal must precede any emergency audio 

message.  After January 1, 1998, the shortened Attention Signal 

may only be used as an audio alert signal and the EAS codes will 

become the minimum signaling requirement for National level 

messages and tests.  

(b)  When relaying EAS messages, EAS Participants may transmit 

only the EAS header codes and the EOM code without the Attention 

Signal and emergency message for State and local emergencies.  

Pauses in video programming before EAS message transmission 

should not cause television receivers to mute EAS audio messages.  

No Attention Signal is required for EAS messages that do not 

contain audio programming, such as a Required Weekly Test.

(c)  By the effective dates provided in § 11.11(a), all analog 

and digital radio and television stations shall transmit EAS 

messages in the main audio channel.  Effective December 31, 2006, 

all DAB stations shall also transmit EAS messages on all audio 

streams.  Effective December 31, 2006, all DTV broadcast stations 

shall also transmit EAS messages on all program streams.

(d)  By the effective dates provided in § 11.11(a), analog and 

digital television broadcast stations shall transmit a visual 

message containing the Originator, Event, Location and the valid 

time period of an EAS message.  If the message is a video crawl, 

it shall be displayed at the top of the television screen or 

where it will not interfere with other visual messages. 

(e)  Analog class D non-commercial educational FM stations as 

defined in § 73.506 of this chapter, digital class D non-

commercial educational FM stations, analog Low Power FM (LPFM) 

stations as defined in §§ 73.811 and 73.853 of this chapter, 

digital LPFM stations, analog low power TV (LPTV) stations as 

defined in § 74.701(f) of this chapter, and digital LPTV stations 

as defined in § 74.701(k) of this chapter are not required to 

have equipment capable of generating the EAS codes and Attention 

Signal specified in § 11.31.

(f)  Analog and digital broadcast station equipment generating 

the EAS codes and the Attention Signal shall modulate a broadcast 

station transmitter so that the signal broadcast to other EAS 

Participants alerts them that the EAS is being activated or 

tested at the National, State or Local Area level.  The minimum 

level of modulation for EAS codes, measured at peak modulation 

levels using the internal calibration output required in 

§11.32(a)(4), shall modulate the transmitter at the maximum 

possible level, but in no case less than 50% of full channel 

modulation limits.  Measured at peak modulation levels, each of 

the Attention Signal tones shall be calibrated separately to 

modulate the transmitter at no less than 40%.  These two 

calibrated modulation levels shall have values that are within 1 

dB of each other. 

(g)  Analog cable systems and digital cable systems with fewer 

than 5,000 subscribers per headend and wireless cable systems 

with fewer than 5,000 subscribers shall transmit EAS audio 

messages in the same order specified in paragraph (a) of this 

section on at least one channel.  The Attention Signal may be 

produced from a storage device.  Additionally, these analog cable 

systems, digital cable systems, and wireless cable systems:

(1)  Must install, operate, and maintain equipment capable of 

generating the EAS codes.  The modulation levels for the EAS 

codes and Attention Signal for analog cable systems shall comply 

with the aural signal requirements in § 76.605 of this chapter,

(2)  Must provide a video interruption and an audio alert message 

on all channels.  The audio alert message must state which 

channel is carrying the EAS video and audio message,

(3)  Shall transmit a visual EAS message on at least one channel.  

The message shall contain the Originator, Event, Location, and 

the valid time period of the EAS message.  If the visual message 

is a video crawl, it shall be displayed at the top of the 

subscriber's television screen or where it will not interfere 

with other visual messages.

(4)  May elect not to interrupt EAS messages from broadcast 

stations based upon a written agreement between all concerned.  

Further, analog cable systems, digital cable systems, and 

wireless cable systems may elect not to interrupt the programming 

of a broadcast station carrying news or weather related emergency 

information with state and local EAS messages based on a written 

agreement between all parties.

(5)  Wireless cable systems and digital cable systems with a 

requirement to carry the audio and video EAS message on at least 

one channel and a requirement to provide video interrupt and an 

audio alert message on all other channels stating which channel 

is carrying the audio and video EAS message, may comply by using 

a means on all programmed channels that automatically tunes the 

subscriber's set-top box to a pre-designated channel which 

carries the required audio and video EAS messages.

(h)  Analog cable and digital cable systems with 10,000 or more 

subscribers; analog cable and digital cable systems serving 5,000 

or more, but less than 10,000 subscribers per headend; and 

wireless cable systems with 5,000 or more subscribers shall 

transmit EAS audio messages in the same order specified in 

paragraph (a) of this section.  The Attention Signal may be 

produced from a storage device.  Additionally, these analog cable 

systems, digital cable systems, and wireless cable systems: 

(1)  Must install, operate, and maintain equipment capable of 

generating the EAS codes.  The modulation levels for the EAS 

codes and Attention Signal for analog cable systems shall comply 

with the aural signal requirements in § 76.605 of this chapter.  

This will provide sufficient signal levels to operate subscriber 

television and radio receivers equipped with EAS decoders and to 

audibly alert subscribers.  Wireless cable systems and digital 

cable systems shall also provide sufficient signal levels to 

operate subscriber television and radio receivers equipped with 

EAS decoders and to audibly alert subscribers.  

(2)  Shall transmit the EAS audio message required in paragraph 

(a) of this section on all downstream channels.

(3)  Shall transmit the EAS visual message on all downstream 

channels.  The visual message shall contain the Originator, 

Event, Location and the valid time period of the EAS message.  

These are elements of the EAS header code and are described in § 

11.31.  If the visual message is a video crawl, it shall be 

displayed at the top of the subscriber's television screen or 

where it will not interfere with other visual messages.

(4)  May elect not to interrupt EAS messages from broadcast 

stations based upon a written agreement between all concerned.  

Further, analog cable systems, digital cable systems, and 

wireless cable systems may elect not to interrupt the programming 

of a broadcast station carrying news or weather related emergency 

information with state and local EAS messages based on a written 

agreement between all parties.

(5)  Wireless cable systems and digital cable systems with a 

requirement to carry the audio and video EAS message on all 

downstream channels may comply by using a means on all programmed 

channels that automatically tunes the subscriber's set-top box to 

a pre-designated channel which carries the required audio and 

video EAS messages.

(i)  Effective December 31, 2006, SDARS licensees shall transmit 

national audio EAS messages on all channels in the same order 

specified in paragraph (a) of this section.  

(1)  SDARS licensees must install, operate, and maintain 

equipment capable of generating the EAS codes.  

(2)  SDARS licensees may determine the distribution methods they 

will use to comply with this requirement.  

(j)  Effective May 31, 2007, DBS providers shall transmit 

national audio and visual EAS messages on all channels in the 

same order specified in paragraph (a) of this section.  

(1)  DBS providers must install, operate, and maintain equipment 

capable of generating the EAS codes.  

(2)  The visual message shall contain the Originator, Event, 

Location and the valid time period of the EAS message.  These are 

elements of the EAS header code and are described in § 11.31.  If 

the visual message is a video crawl, it shall be displayed at the 

top of the subscriber's television screen or where it will not 

interfere with other visual messages.  

(3)  DBS providers may determine the distribution methods they 

will use to comply with this requirement.  Such methods may 

include distributing the EAS message on all channels, using a 

means to automatically tune the subscriber's set-top box to a 

pre-designated channel which carries the required audio and video 

EAS messages, and/or passing through the EAS message provided by 

programmers and/or local channels (where applicable).  

(k)  If manual interrupt is used as authorized in paragraph (m) 

of this section, EAS Encoders must be located so that EAS 

Participant staff, at normal duty locations, can initiate the EAS 

code and Attention Signal transmission.  

(l)  EAS Participants that are co-owned and co-located with a 

combined studio or control facility, (such as an AM and FM 

licensed to the same entity and at the same location or a cable 

headend serving more than one system) may provide the EAS 

transmitting requirements contained in this section for the 

combined stations or systems with one EAS Encoder.  The 

requirements of § 11.32 must be met by the combined facility. 

(m)  EAS Participants are required to transmit all received EAS 

messages in which the header code contains the Event codes for 

Emergency Action Notification (EAN), Emergency Action Termination 

(EAT), and Required Monthly Test (RMT), and when the accompanying 

location codes include their State or State/county.  These EAS 

messages shall be retransmitted unchanged except for the 

LLLLLLLL-code which identifies the EAS Participant retransmitting 

the message.  See § 11.31(c).  If an EAS source originates an EAS 

message with the Event codes in this paragraph, it must include 

the location codes for the State and counties in its service 

area.  When transmitting the required weekly test, EAS 

Participants shall use the event code RWT.  The location codes 

are the state and county for the broadcast station city of 

license or system community or city.  Other location codes may be 

included upon approval of station or system management.  EAS 

messages may be transmitted automatically or manually. 

(1)  Automatic interrupt of programming and transmission of EAS 

messages are required when facilities are unattended.  Automatic 

transmissions must include a permanent record that contains at a 

minimum the following information:  Originator, Event, Location 

and valid time period of the message.  The decoder performs the 

functions necessary to determine which EAS messages are 

automatically transmitted by the encoder.  

(2)  Manual interrupt of programming and transmission of EAS 

messages may be used.  EAS messages with the EAN Event code must 

be transmitted immediately and Monthly EAS test messages within 

60 minutes.  All actions must be logged and include the minimum 

information required for EAS video messages.  

(n)  EAS Participants may employ a minimum delay feature, not to 

exceed 15 minutes, for automatic interruption of EAS codes.  

However, this may not be used for the EAN event which must be 

transmitted immediately.  The delay time for an RMT message may 

not exceed 60 minutes. 

(o)  Either manual or automatic operation of EAS equipment may be 

used by EAS Participants that use remote control.  If manual 

operation is used, an EAS decoder must be located at the remote 

control location and it must directly monitor the signals of the 

two assigned EAS sources.  If direct monitoring of the assigned 

EAS sources is not possible at the remote location, automatic 

operation is required.  If automatic operation is used, the 

remote control location may be used to override the transmission 

of an EAS alert.  EAS Participants may change back and forth 

between automatic and manual operation.  

     18.  Revise § 11.52 to read as follows:

§ 11.52  EAS code and Attention Signal Monitoring requirements.

(a)  EAS Participants must be capable of receiving the Attention 

Signal required by § 11.32(a)(9) and emergency messages of other 

broadcast stations during their hours of operation.  EAS 

Participants must install and operate during their hours of 

operation, equipment capable of receiving and decoding, either 

automatically or manually, the EAS header codes, emergency 

messages and EOM code.  EAS Participants must comply with these 

requirements by the dates set forth in § 11.11.  

NOTE TO PARAGRAPH (a):  The two-tone Attention Signal will not be 

used to actuate two-tone decoders but will be used as an aural 

alert signal.  

(b)  If manual interrupt is used as authorized in § 11.51(m)(2), 

decoders must be located so that operators at their normal duty 

stations can be alerted immediately when EAS messages are 

received.

(c)  EAS Participants that are co-owned and co-located with a 

combined studio or control facility (such as an AM and FM 

licensed to the same entity and at the same location or a cable 

headend serving more than one system) may comply with the EAS 

monitoring requirements contained in this section for the 

combined station or system with one EAS Decoder.  The 

requirements of § 11.33 must be met by the combined facility.

(d)  EAS Participants must monitor two EAS sources.  The 

monitoring assignments of each broadcast station and cable system 

and wireless cable system are specified in the State EAS Plan and 

FCC Mapbook.  They are developed in accordance with FCC 

monitoring priorities.  

(1)  If the required EAS sources cannot be received, alternate 

arrangements or a waiver may be obtained by written request to 

the FCC's EAS office.  In an emergency, a waiver may be issued 

over the telephone with a follow up letter to confirm temporary 

or permanent reassignment.

(2)  The management of EAS Participants shall determine which 

header codes will automatically interrupt their programming for 

State and Local Area emergency situations affecting their 

audiences. 

(e)  EAS Participants are required to interrupt normal 

programming either automatically or manually when they receive an 

EAS message in which the header code contains the Event codes for 

Emergency Action Notification (EAN), Emergency Action Termination 

(EAT), and Required Monthly Test (RMT) for their State or 

State/county location. 

(1)  Automatic interrupt of programming is required when 

facilities are unattended.  Automatic operation must provide a 

permanent record of the EAS message that contains at a minimum 

the following information:  Originator, Event, Location and valid 

time period of the message.

(2)  Manual interrupt of programming and transmission of EAS 

messages may be used.  EAS messages with the EAN Event code must 

be transmitted immediately and Monthly EAS test messages within 

60 minutes.  All actions must be logged and recorded as specified 

in §§ 11.35(a) and 11.54(b)(13).  Decoders must be programmed for 

the EAN and EAT Event header codes for National level emergencies 

and the RMT and RWT Event header codes for required monthly and 

weekly tests, with the appropriate accompanying State and 

State/county location codes.  

     19.  Amend § 11.53 by revising paragraphs (a) and (c) to 

       read as follows:

§ 11.53  Dissemination of Emergency Action Notification.

* * * * *

(a)  National Level.  The EAN is issued by the White House.  The 

EAN message is sent from a government origination point to 

broadcast stations and other entities participating in the PEP 

system.  It is then disseminated via EAS Participants.  

* * * * *

(c)  Analog and digital broadcast stations must, prior to 

commencing routine operation or originating any emissions under 

program test, equipment test, experimental, or other 

authorizations, determine whether the EAS has been activated by 

monitoring the assigned EAS sources as specified in their State 

or Local plan.

     20.  Amend § 11.54 by revising paragraphs (b), (c), (d) and 

       (e) to read as follows:  

§ 11.54  EAS operation during a National Level emergency.

* * * * *

(b)  Immediately upon receipt of an EAN message, EAS Participants 

must:

(1)  Monitor the two EAS sources assigned in the State or Local 

Area plan or FCC Mapbook for any further instructions.  SDARS 

licensees and DBS providers may choose their two EAS sources, one 

of which must be a PEP station.

(2)  Discontinue normal programming and follow the transmission 

procedures in the appropriate section of the EAS Operating 

Handbook.  Announcements may be made in the same language as the 

primary language of the EAS Participant.

(i)  Key EAS sources (National Primary (NP), Local Primary (LP), 

State Primary (SP), State Relay (SR) and Participating National 

(PN) sources) follow the transmission procedures and make the 

announcements in the National Level Instructions of the EAS 

Operating Handbook.

(ii)  Non-participating National (NN) sources follow the 

transmission procedures and make the sign-off announcement in the 

EAS Operating Handbook's National Level Instructions section for 

NN sources.  After the sign-off announcement, NN sources are 

required to remove their carriers or services from the air and 

monitor for the Emergency Action Termination message.  NN sources 

using automatic interrupt under § 11.51(m)(1), must transmit the 

header codes, Attention Signal, sign-off announcement and EOM 

code after receiving the appropriate EAS header codes for a 

national emergency.  

(3)  After completing the above transmission procedures, key EAS 

and Participating National sources must transmit a common 

emergency message until receipt of the Emergency Action 

Termination Message.  Message priorities are specified in § 

11.44.  If LP or SR sources of a Local Area cannot provide an 

emergency message feed, any source in the Local Area may elect to 

provide a message feed.  This should be done in an organized 

manner as designated in State and Local Area EAS Plans.

(4)  The Standby Script shall be used until emergency messages 

are available.  The text of the Standby Script is in the EAS 

Operating Handbook's section for Participating sources.

(5)  Analog and digital TV broadcast stations shall display an 

appropriate EAS slide and then transmit all EAS announcements 

visually and aurally as specified in §§ 11.51(a) through (e) and 

73.1250(h) of this chapter.  

(6)  Analog cable systems, digital cable systems, and wireless 

cable systems shall transmit all EAS announcements visually and 

aurally as specified in § 11.51(g) and (h). 

(7)  DBS providers shall transmit all EAS announcements visually 

and aurally as specified in § 11.51(j).

(8)  Announcements may be made in the same language as the 

primary language of the EAS participant.  

(9)  Analog and digital broadcast stations may transmit their 

call letters and analog cable systems, digital cable systems and 

wireless cable systems may transmit the names of the communities 

they serve during an EAS activation.  State and Local Area 

identifications must be given as provided in State and Local Area 

EAS plans.

(10)  All analog and digital broadcast stations and analog cable 

systems, digital cable systems and wireless cable systems 

operating and identified with a particular EAS Local Area must 

transmit a common national emergency message until receipt of the 

Emergency Action Termination.

(11)  Analog and digital broadcast stations, except those holding 

an EAS Non-participating National Authorization letter, are 

exempt from complying with §§ 73.62 and 73.1560 of this chapter 

(operating power maintenance) while operating under this part.

(12)  National Primary (NP) sources must operate under the 

procedures in the National Control Point Procedures.  

(13)  The time of receipt of the EAN and Emergency Action 

Termination messages shall be entered by analog and digital 

broadcast stations in their logs (as specified in §§ 73.1820 and 

73.1840 of this chapter), by analog and digital cable systems in 

their records (as specified in § 76.1711 of this chapter), by 

subject wireless cable systems in their records (as specified in 

§ 21.304 of this chapter), and by all other EAS Participants in 

their records as specified in § 11.35(a).  

(c)  Upon receipt of an Emergency Action Termination Message, EAS 

Participants must follow the termination procedures in the EAS 

Operating Handbook.

(d)  EAS Participants originating emergency communications under 

this section shall be considered to have conferred rebroadcast 

authority, as required by section 325(a) of the Communications 

Act of 1934, 47 U.S.C. § 325(a), to other EAS Participants.   

(e)  During a national level EAS emergency, EAS Participants may 

transmit in lieu of the EAS audio feed an audio feed of the 

President's voice message from an alternative source, such as a 

broadcast network audio feed.  

     21.  Amend § 11.55 by revising paragraphs (a), (c) 

       introductory text, (c)(4) and (c)(7) to read as follows:

§ 11.55  EAS operation during a State or Local Area emergency.

(a)  The EAS may be activated at the State and Local Area levels 

by EAS Participants at their discretion for day-to-day emergency 

situations posing a threat to life and property.  Examples of 

natural emergencies which may warrant activation are:  tornadoes, 

floods, hurricanes, earthquakes, heavy snows, icing conditions, 

widespread fires, etc.  Man-made emergencies may include: toxic 

gas leaks or liquid spills, widespread power failures, industrial 

explosions, and civil disorders. 

(1)  DBS providers shall pass through all EAS messages aired on 

local television broadcast stations carried by DBS providers 

under the Commission's broadcast signal carriage rules to 

subscribers receiving those channels.  

(2)  SDARS licensees and DBS providers may participate in EAS at 

the state and local level and make their systems capable of 

receiving and transmitting state and local level EAS messages on 

all channels.  If an SDARS licensee or DBS provider is not 

capable of receiving and transmitting state and local EAS message 

on all channels, it must inform its subscribers, on its website 

and in writing on an annual basis, of which channels are and are 

not capable of supplying state and local messages.  

* * * * *

(c)  Immediately upon receipt of a State or Local Area EAS 

message, EAS Participants participating in the State or Local 

Area EAS must do the following:

* * * * *

(4)  EAS Participants participating in the State or Local Area 

EAS must discontinue normal programming and follow the procedures 

in the State and Local Area plans.  Analog and digital television 

broadcast stations must comply with § 11.54(b)(5); analog cable 

systems, digital cable systems, and wireless cable systems must 

comply with § 11.54(b)(6); and DBS providers must comply with 

§ 11.54(b)(7).  EAS Participants providing foreign language 

programming should comply with § 11.54(b)(8).  

* * * * *

(7)  The times of the above EAS actions must be entered in the 

EAS Participants' records as specified in §§ 11.35(a) and 

11.54(b)(13).

* * * * *

     22.  Revise § 11.61 to read as follows:

§ 11.61  Tests of EAS procedures.

(a)  EAS Participants shall conduct tests at regular intervals, 

as specified in paragraphs (a)(1) and (a)(2) of this section. 

Additional tests may be performed anytime.  EAS activations and 

special tests may be performed in lieu of required tests as 

specified in paragraph (a)(4) of this section.  All tests will 

conform with the procedures in the EAS Operating Handbook. 

(1)  Required Monthly Tests of the EAS header codes, Attention 

Signal, Test Script and EOM code.

(i)  Tests in odd numbered months shall occur between 8:30 a.m. 

and local sunset.  Tests in even numbered months shall occur 

between local sunset and 8:30 a.m.  They will originate from 

Local or State Primary sources.  The time and script content will 

be developed by State Emergency Communications Committees in 

cooperation with affected EAS Participants.  Script content may 

be in the primary language of the EAS Participant.  These monthly 

tests must be transmitted within 60 minutes of receipt by EAS 

Participants in an EAS Local Area or State.  Analog and digital 

class D non-commercial educational FM and analog and digital LPTV 

stations are required to transmit only the test script. 

(ii)  Effective May 31, 2007, DBS providers must comply with this 

section by monitoring a state or local primary source to 

participate in testing.  Tests should be performed on 10% of all 

channels monthly (excluding local-into-local channels for which 

the monthly transmission tests are passed through by the DBS 

provider), with channels tested varying from month to month, so 

that over the course of a given year, 100% of all channels are 

tested.  

(2)  Required Weekly Tests:

(i)  EAS Header Codes and EOM Codes:

(A)  Analog and digital AM, FM, and TV broadcast stations must 

conduct tests of the EAS header and EOM codes at least once a 

week at random days and times.  Effective December 31, 2006, DAB 

stations must conduct these tests on all audio streams.  

Effective December 31, 2006, DTV stations must conduct these 

tests on all program streams. 

(B)  Analog cable systems and digital cable systems with 5,000 or 

more subscribers per headend and wireless cable systems with 

5,000 or more subscribers must conduct tests of the EAS Header 

and EOM Codes at least once a week at random days and times on 

all programmed channels.

(C)  Analog cable systems and digital cable systems serving fewer 

than 5,000 subscribers per headend and wireless cable systems 

with fewer than 5,000 subscribers must conduct tests of the EAS 

Header and EOM Codes at least once a week at random days and 

times on at least one programmed channel. 

(D)  SDARS providers must conduct tests of the EAS Header and EOM 

codes at least once a week at random days and times on all 

channels.

(ii)  DBS providers, analog and digital class D non-commercial 

educational FM stations, and analog and digital LPTV stations are 

not required to transmit this test but must log receipt, as 

specified in §§ 11.35(a) and 11.54(b)(13).

(iii)  The EAS weekly test is not required during the week that a 

monthly test is conducted.

(iv)  EAS Participants are not required to transmit a video 

message when transmitting the required weekly test. 

(3)  Periodic National Tests.  National Primary (NP) sources 

shall participate in tests as appropriate.  The FCC may request a 

report of these tests.

(4)  EAS activations and special tests.  The EAS may be activated 

for emergencies or special tests at the State or Local Area level 

by an EAS Participant instead of the monthly or weekly tests 

required by this section.  To substitute for a monthly test, 

activation must include transmission of the EAS header codes, 

Attention Signal, emergency message and EOM code and comply with 

the visual message requirements in § 11.51.  To substitute for 

the weekly test of the EAS header codes and EOM codes in 

paragraph (2)(i) of this section, activation must include 

transmission of the EAS header and EOM codes.  Analog and digital 

television broadcast stations, analog cable systems, digital 

cable systems, wireless cable systems, and DBS providers shall 

comply with the aural and visual message requirements in § 11.51.  

Special EAS tests at the State and Local Area levels may be 

conducted on daily basis following procedures in State and Local 

Area EAS plans. 

(b)  Entries shall be made in EAS Participant records, as 

specified in §§ 11.35(a) and 11.54(b)(13).







                           APPENDIX C

                        Penetration Data


This Appendix looks at trends of several different types of 
broadcast and subscription media over a five-year period.  It 
provides quantitative evidence about the consumer adoption of new 
digital technologies as replacements for the analog broadcast and 
cable systems that are currently required to implement EAS.  As a 
basis for this evidence, the study relies on 12 annual estimates 
of usage metrics for 7 different types of broadcast and 
subscription media.  Estimates for each metric measuring media 
usage were obtained from publicly available sources and documents 
filed with the Commission, cited to in this Appendix.  This 
study, although not exhaustive, uses the most reliable and 
detailed estimates publicly available.  To provide a consistent 
comparison across the usage metrics, we used estimates reported 
for June of each year, when possible.  In some cases, only year-
end or other quarter estimates were available.  Time periods of 
estimates are identified in the Sources and Notes to the Usage of 
Broadcast and Subscription Media Technologies chart in this 
Appendix.  





                  Usage of Broadcast and Subscription Media Technologies
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                                                                                             M
                                   Jun-00    Jun-01   Jun-02    Jun-03    Jun-04     Jun-
                                                                                     05P?
(5) DTV Households*                 0.08%    0.27%     0.67%     1.50%     3.27%    12.81%
(6) DTV Stations on the Air**       4.42%    7.01%    16.37%    73.44%    83.80%    89.81%

(7) Digital Cable Subscribers*      5.95%    10.67%   15.08%    18.75%    21.12%    23.59%

(8) Radio Listeners***             47.97%    47.78%   48.79%    48.75%    49.15%    49.35%

(1- DAB Receivers***                0.00%    0.00%     0.00%     0.00%     0.00%    0.03%
 0)
(1- DAB Stations****                0.00%    0.00%     0.00%     0.54%     1.00%    2.65%
 1)

    Satellite DARS Subscribers***   0.00%    0.00%     0.05%     0.27%     0.88%    2.11%
(1-    XM Satellite Radio           0.00%    0.00%     0.05%     0.24%     0.72%    1.49%
 2) Subscribers***
(1-    Sirius Satellite Radio       0.00%    0.00%     0.00%     0.04%     0.16%    0.61%
 3) Subscribers***

    Direct-to-Home Satellite       14.35%    16.71%   17.96%    19.56%    21.67%    24.98%
    Subscribers*
(1-    HSD Subscribers*             1.46%    0.98%     0.66%     0.47%     0.31%    0.13%
 4)
(1-    DBS Subscribers*            12.88%    15.73%   17.30%    19.09%    21.36%    24.85%
 5)
                                                                                    

 *   Percentage of TV Households 
 **  Percentage of DTV Stations 
    Authorized (1,698 total) 
***  Percentage of US Population 
**-  Percentage of All Radio 
 ** Stations 

           ?           Preliminary figures for 2005
Sources & Notes:
 (1) U.S. Census Bureau, Current Population Survey (Sept. 2005) (estimates are from July of 
     each year).
 (2) U.S. Census Bureau, Population Estimates Program (Jul. 2005) (estimates are from July 
     of each year), available at http://factfinder.census.gov/servlet/DTTable?_bm=y&-
     geo_id=01000US&-ds_name=PEP_2004_EST&-_lang=en&-mt_name=PEP_2004_EST_G2004_T001&-
     format=&-CONTEXT=dt.   U.S. Census Bureau, Population Division, Interim State 
     Population Projections, Table A1 (Apr.  21, 2005) (reporting estimate as of July 1, 
     2005), available at http://www.census.gov/population/projections/SummaryTabA1.pdf.
 (3) FCC, Annual Assessment of the Status of Competition in the Market for the Delivery of 
     Video Programming, MB Docket No. 04-227, Eleventh Annual Report, 20 FCC Rcd 2755, 
     2869-70, Appendix B, Table B-1 (Feb. 2005) (Eleventh Annual Video Competition Report) 
     (citing estimates from Nielsen Media Research).   NTCA, Industry Overview (citing 
     Nielsen Media Research projections for Jan. 2006) available at 
     http://www.ncta.com/Docs/PageContent.cfm?pageID=86.
 (4) FCC, Broadcast Station Totals (Index) (includes educational stations), available at 
     http://www.fcc.gov/mb/audio/totals/index.html.
 (5) Consumer Electronics Association (CEA) ex parte, EB Docket 04-296 (filed Sept. 2, 
     2005) (responding to request for estimated cumulative year-end sales of ATSC tuner-
     equipped DTVs and ATSC tuner sales).
 (6) FCC, Media Bureau, DTV Stations Authorized To Be On The Air, available at 
     http://www.fcc.gov/mb/video/files/dtvonairsum.html (numbers on website change because 
     website is updated on monthly basis to report current status). 
 (7) NCTA, 2005 Mid-Year Industry Overview, 13 (estimates are from first quarter of each 
     year) (2005), available at http://www.ncta.com/industry_overview/CableMid-
     YearOverview05FINAL.pdf.
 (8) Arbitron, Persons Using Radio Report (2005), available at 
     http://wargod.arbitron.com/scripts/ndb/ndbradio2.asp (reporting estimate of cumulative 
     persons for summer of each year).  Cumulative persons are the total number of 
     different persons who tune to a radio station during the course of a daypart for at 
     least five minutes.  Id.
 (9) FCC, Broadcast Station Totals (Index) (includes educational stations), available at 
     http://www.fcc.gov/mb/audio/totals/index.html.
(10) iBiquity Digital Corporation estimates (2005). 
(11) FCC, Media Bureau, Consolidated DataBase System (CDBS), available at 
     http://www.fcc.gov/mb/databases/cdbs/.
(12) XM Satellite Radio Inc., 10-Q and 10-K SEC Filings.
(13) Sirius Satellite Radio Inc., 10-Q and 10-K SEC Filings.
(14) Eleventh Annual Video Competition Report, 20 FCC Rcd at 2869-70, Appendix B, Table B-1 
     (citing estimates from Sky Report, available at http://www.skyreport.com/dth_us.htm, 
     SBCA Comments (from current docket and previous Annual Video Competition Reports)); 
     Kagan Research, LLC, The DBS Report, 2 (May 27, 2005) (projecting estimate as of year-
     end 2005).
(15) Id.
 

                           APPENDIX D
              FINAL REGULATORY FLEXIBILITY ANALYSIS 



     1.   As required by the Regulatory Flexibility Act of 1980, 
as amended (RFA),231 an Initial Regulatory Flexibility Analysis 
(IRFA) was incorporated in the Notice of Proposed Rulemaking in 
EB Docket 04-296 (EAS NPRM).232  The Commission sought written 
public comment on the proposals in the EAS NPRM, including 
comment on the IRFA.  This Final Regulatory Flexibility Analysis 
(FRFA) conforms to the RFA.

     A.   Need for, and Objectives of, the Rules

     2.  Today's Order establishes rules that expand the reach 
of the Emergency Alert System (EAS), as currently constituted, to 
cover the following digital communications technologies that are 
increasingly being used by the American public to receive news 
and entertainment - digital television and radio, digital cable, 
and satellite television and radio.  As noted in the Order, one 
of the most fundamental and significant statutory mandates of the 
Commission is the promotion of safety of life and property 
through the use of wire and radio communication.  Clearly, some 
level of EAS participation must be established for new digital 
services to ensure that large portions of the American public are 
able to receive national and/or regional public alerts and 
warnings.

     3.  This Order is a follow-up to the EAS NPRM that was 
issued last year.  In the EAS NPRM, the Commission solicited 
comment on an array of questions and potential rule changes to 
contribute to an efficient and technologically current public 
alert and warning system.  The EAS NPRM also solicited comments 
and participation of state and local emergency planning 
organizations and all telecommunications industries to develop a 
more effective EAS.  Today's Order takes initial steps to resolve 
the issues raised in the EAS NPRM.  

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

     4. There were no comments filed that specifically addressed 
the IRFA.  Nonetheless, the agency considered the potential 
impact of the rules discussed in the IRFA on small entities and 
reduced the compliance burden for all small entities (as 
discussed in Appendix A of the EAS NPRM) in order to reduce the 
economic impact of the rules enacted herein on such entities.

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

     5. 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.233  The RFA 
generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' 
and ``small governmental jurisdiction.''234  In addition, the 
term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act.235  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).236

     6. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.''237  Nationwide, as of 2002, there were 
approximately 1.6 million small organizations.238  The term 
"small governmental jurisdiction" is defined as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.''239  
As of 1997, there were approximately 87,453 governmental 
jurisdictions in the United States.240  This number includes 
39,044 county governments, municipalities, and townships, of 
which 37,546 (approximately 96.2%) have populations of fewer than 
50,000, and of which 1,498 have populations of 50,000 or more.  
Thus, we estimate the number of small governmental jurisdictions 
overall to be 84,098 or fewer.  Nationwide, there are a total of 
approximately 22.4 million small businesses, according to SBA 
data.241 

     7.  Television Broadcasting.  The SBA has developed a small 
business sized standard for television broadcasting, which 
consists of all such firms having $12 million or less in annual 
receipts.242  Business concerns included in this industry are 
those ``primarily engaged in broadcasting images together with 
sound.''243  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) affiliations244must be included.245  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).246  Given the nature of this service, we will 
presume that all LPTV licensees qualify as small entities under 
the SBA size standard.  

     8.  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 $6 million or less in annual 
receipts as a small business.247 A radio broadcasting station is 
an establishment primarily engaged in broadcasting aural programs 
by radio to the public.248 Included in this industry are 
commercial, religious, educational, and other radio stations.249 
Radio broadcasting stations which primarily are engaged in radio 
broadcasting and which produce radio program materials are 
similarly included.250  However, radio stations that are separate 
establishments and are primarily engaged in producing radio 
program material are classified under another NAICS number.251 
According to Commission staff review of BIA Publications, Inc. 
Master Access Radio Analyzer Database on March 31, 2005, about 
10,840 (95%) 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. 

     9.  Cable and Other Program Distribution.  The SBA has 
developed a small business size standard for cable and other 
program distribution, which consists of all such firms having 
$12.5 million or less in annual receipts.252  According to Census 
Bureau data for 1997, in this category there was a total of 1,311 
firms that operated for the entire year.253  Of this total, 1,180 
firms had annual receipts of under $10 million, and an additional 
52 firms had receipts of $10 million to $24,999,999.254  Thus, 
under this size standard, the majority of firms can be considered 
small.  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 2002.255

     10. 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 
fewer than 400,000 subscribers nationwide.256  We have estimated 
that there were 1,439 cable operators who qualified as small 
cable system operators at the end of 1995.257  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 1,439 small entity cable system operators that may be 
affected by the rules and policies proposed herein.

     11. 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.''258  The Commission has determined that there are 
67,700,000 subscribers in the United States.259  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.260  Based on available data, the 
Commission estimates that the number of cable operators serving 
677,000 subscribers or fewer, totals 1,450.261  The Commission 
neither requests nor collects information on whether cable system 
operators are affiliated with entities whose gross annual 
revenues exceed $250 million,262 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.  

     12. Multipoint Distribution Systems.  The established rules 
apply to Multipoint Distribution Systems (MDS) operated as part 
of a wireless cable system.  The Commission has defined ``small 
entity'' for purposes of the auction of MDS 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.263  This definition of small 
entity in the context of MDS auctions has been approved by the 
SBA.264  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.

     13. MDS 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 $12.5 million or less in annual receipts.265  
This definition includes MDS and thus applies to MDS licensees 
that did not participate in the MDS auction.  Information 
available to us indicates that there are approximately 392 
incumbent MDS 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 MDS 
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 
2002.266

     14. Instructional Television Fixed Service.  The 
established rules would also apply to Instructional Television 
Fixed Service (ITFS) facilities operated as part of a wireless 
cable system.  The SBA definition of small entities for pay 
television services also appears to apply to ITFS.267  There are 
presently 2,032 ITFS licensees.  All but 100 of these licenses 
are held by educational institutions.  Educational institutions 
are included in the definition of a small business.268  However, 
we do not collect annual revenue data for ITFS 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 established rules.

     15. Satellite Telecommunications and Other 
Telecommunications.   The Commission has not developed a small 
business size standard specifically for providers of satellite 
service.  The appropriate size standards under SBA rules are for 
the two broad categories of Satellite Telecommunications and 
Other Telecommunications.  Under both categories, such a business 
is small if it has $12.5 million or less in average annual 
receipts.269  For the first category of Satellite 
Telecommunications, Census Bureau data for 1997 show that there 
were a total of 324 firms that operated for the entire year.270  
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.

     16. The second category - Other Telecommunications - 
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.''271  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

     17. In today's Order, we have taken steps to advance our 
public safety mission by adopting rules that expand the reach of 
EAS, as currently constituted, to cover the following digital 
communications technologies: digital television and radio, 
digital cable, and satellite television and radio.    

     18. As indicated above, we have revised our EAS rules to 
make them apply to DTV broadcasters.  The Order requires that DTV 
broadcasters comply with our Part 11 rules.272  Thus, DTV 
broadcasters must participate in all national EAS activations.  
Participation in state and local EAS activations will remain 
voluntary, but if DTV broadcasters choose to transmit state and 
local EAS messages they must comply with the Commission's Part 11 
rules governing those messages.  Essentially, DTV providers will 
now have the same EAS obligations as analog television 
broadcasters.  In addition, the Order requires that, when DTV 
broadcasters participate in EAS activations, they must provide 
the EAS message to viewers of all program streams.273

     19. We have revised our EAS rules to require digital cable 
systems to participate in national level EAS activations.  
Digital cable systems will now have the same EAS obligations as 
analog cable systems.274  Participation in state and local EAS 
activations will continue to be voluntary, but digital cable 
systems that choose to participate must comply with the Part 11 
rules.  The Order requires that digital cable systems with fewer 
than 5,000 subscribers must, like analog and wireless cable 
systems with fewer than 5,000 subscribers, provide a video 
interruption and an audio alert message on all channels and the 
EAS message on at least one channel.275

     20.  We also have revised our EAS rules to make them apply 
to digital audio broadcasting (DAB) providers.  The Order 
requires DAB providers to air all national EAS messages.276  
Participation in state and local EAS activations will be 
voluntary, as it is for analog radio broadcasters.  If DAB 
providers choose to participate in state and local EAS 
activations, they must comply with Part 11 of our rules.  DAB 
providers will now have the same EAS obligations as analog radio 
broadcasters.  The Order also requires DAB providers to transmit 
all EAS messages that they air on all audio streams.277  

     21.  We have revised our EAS rules to require that all 
Satellite Digital Audio Radio Service (SDARS) licensees 
participate in EAS in its current form.  The Order requires SDARS 
licensees to transmit national level EAS messages on all 
channels.278  We also strongly encourage SDARS licensees to have 
the ability to receive EAS alerts from state and local emergency 
managers and the ability to disseminate state and local EAS 
warnings on any local traffic and weather channels that the SDARS 
licensees provide.  We have required SDARS licensees to inform 
their customers of the channels that will and will not supply 
state and local EAS messages.  This information should be 
provided on the SDARS licensee's website and should also be 
distributed in writing to customers at least annually.

     22.  In addition, in order to ensure that Direct Broadcast 
Satellite (DBS) subscribers receive an EAS message from the 
President in the event of a national emergency, we have revised 
our EAS rules to require that DBS providers participate in 
national EAS activations.279  For purposes of this Order, DBS 
providers include the entities set forth in section 25.701(a) of 
the Commission's rules.280  The Order permits DBS providers to 
determine the method they will use to distribute EAS messages to 
viewers, as long as all viewers receive the national EAS message 
on the channel they are watching.  We note that SBCA commented 
that DBS providers need additional development time to 
participate in national EAS activations.  SBCA focuses on the 
technical and operational difficulties involved in investing in 
new hardware and software, but has provided no cost estimate.281  
However, DIRECTV commented that it was prepared to commit the 
assets to develop the systems and procedure necessary to deliver 
National EAS.282  We have determined that the public safety 
benefit that would result from imposing a timely public alert and 
warning obligation on DBS providers far outweighs the burdens to 
such providers from implementing these new requirements.  

     23.  Although participation in state and local EAS 
activations remains voluntary, we have required DBS providers to 
pass through all EAS messages aired on local channels to 
subscribers receiving those channels so that subscribers viewing 
local channels through DBS services will receive all EAS messages 
transmitted over those local channels.  We have also required DBS 
providers to be capable of receiving (from state and local 
emergency managers) and distributing state and local EAS messages 
or they must disclose their inability to do on their website and 
in writing to their customers at least annually.283

     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.''284  

     25. The EAS NPRM invited comments on a number of 
alternatives to the imposition of EAS obligations on the digital 
communications technologies discussed in this Order that are 
increasingly being used by the American public.  For example, the 
EAS NPRM specifically sought comment on the technical 
alternatives to providing EAS messages.  In particular, the EAS 
NPRM sought comment on whether the EAS system could be made more 
efficient.  Should it be phased out in favor of a new model?  If 
so, what would the new model look like?  If a new model were to 
be adopted, what legal and practical barriers would have to be 
overcome to ensure its implementation and effectiveness?  What 
technologies should serve as the basis for such a model?  
Alternatively, should EAS requirements be extended to other 
services such as cellular telephones?285  

     26. The Commission has considered each of the alternatives 
described above, and in today's Order imposes minimal regulation 
on small entities to the extent consistent with our goal of 
advancing our public safety mission by adopting rules that expand 
the reach of EAS.  The affected service providers have generally 
expressed their willingness to cooperate in a national warning 
system, and we anticipate that this addition of new providers to 
EAS can be accomplished swiftly and smoothly.  We believe that 
the benefits of requiring DTV, DAB, digital cable, DBS and SDARS 
providers to participate in the current EAS far outweigh any 
burdens associated with implementing these requirements.  EAS 
represents a significant and valuable investment that is able to 
provide effective alert and warning during the time that new, 
digitally-based public alert and warning systems are being 
developed.  We agree with those commenters who argue that EAS 
should remain an important component of any future alert and 
warning system.  Further, in most cases, the digital platforms 
affected by this Order either have in place the ability to 
distribute EAS warnings, or can do so in a reasonable amount of 
time and with minimal cost.  As we have indicated above, we will 
continue, along with other agencies and industry, to explore ways 
in which emergency information might be made available in an 
efficient, effective, and technologically current fashion.   

     27. Report to Congress:  The Commission will send a copy of 
the Order, including this FRFA, in a report to be sent to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act.286  In addition, the Commission will 
send a copy of the Order, including this FRFA, to the Chief 
Counsel for Advocacy of the SBA.  A copy of the Order and FRFA 
(or summaries thereof) will also be published in the Federal 
Register.287  



                           APPENDIX E
             INITIAL REGULATORY FLEXIBILITY ANALYSIS


     1.  As required by the Regulatory Flexibility Act of 1980, 
as amended (RFA),288 the Commission has prepared this present 
Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on a substantial number of small 
entities by the policies and rules proposed in this Further 
Notice of Proposed Rulemaking (Further Notice).  Written public 
comments are requested on this IRFA.  Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments on the Further Notice provided in Section IV of the 
item.  The Commission will send a copy of the Further Notice, 
including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA).289  In addition, the Further 
Notice and IRFA (or summaries thereof) will be published in the 
Federal Register.290

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

     2.  Today's Order, which accompanies the Further Notice, is 
the Commission's first step to ensure that digital media is 
capable of receiving and disseminating EAS messages.  In the 
Order, the Commission realized the immediate objective of 
ensuring that the large and growing segments of the population 
who rely on digital radio and television technologies are not 
left without access to alerts in the event of an emergency.  
Although the current EAS performs a critical function, the 
Commission believes it could be improved.  An accurate, wide-
reaching public alert and warning system is critical to the 
public safety and a vital part of the Commission's core mission 
to promote the safety of life and property through a robust 
communications system.  The Commission believes that such a 
system should be technologically up-to-date, should have built-in 
redundancy features, and should use a variety of communications 
media to allow officials at the national, state and local levels 
to send messages to reach the greatest number of citizens in the 
affected areas in the most effective and efficient manner 
possible. 

     3.  Accordingly, the Commission is initiating this Further 
Notice to seek additional comment on what actions the Commission, 
along with our Federal, State and industry partners, should take 
to help expedite the development of a robust, state-of-the-art, 
digitally-based public alert and warning system.  The Commission 
also seeks comment on the appropriate role for the Commission 
among the various government and industry entities that are 
involved in the creation of this system.  In their comments, 
parties should also comment on the Commission's statutory 
authority to regulate such a system.   

     4.  The comments filed in response to the EAS Notice of 
Proposed Rulemaking (EAS NPRM) reveal a multitude of technical 
approaches to a digital alert and warning system, from specific 
approaches to individual technologies to broad approaches to 
architecture and protocol design.  The Commission does not seek 
to duplicate that significant effort, but rather seeks comment on 
a representative group of issues.   The issues on which comment 
is sought do not constitute an exclusive list.  Parties can - and 
should - comment on any issues relevant to specific technologies 
that can aid the development of a next-generation alert and 
warning system.  

     5.  Specifically, the Commission seeks comment on the 
appropriate role for the Commission in developing system 
architecture and common protocols that could be used for message 
distribution across different platforms.  The Commission also 
asks questions specific to particular technologies, such as how 
DTH and SDARS could deliver local alerts; how best to involve 
wireless providers; and whether traditional wireline telephone 
companies that become content providers should have an obligation 
to provide alerts.  To ensure that the American public receives 
public alert and warning in an accurate and timely fashion from 
this next-generation system, the Commission seeks comment whether 
it will need to adopt performance standards and reporting 
requirements. 

     6.  The Commission also seeks comment regarding how it may, 
consistent with the Order adopted today, make EAS alerts more 
accessible to people with disabilities.  The Commission is 
committed to ensuring that persons with disabilities have equal 
access to public warnings and are considered in emergency 
preparedness planning.  The Commission notes that it previously 
sought comment on whether there are disparities in or conflicts 
between the EAS rules and the Commission's other disability 
access rules contained in section 79.2, and if so, the manner in 
which such disparities or conflicts could be resolved in 
subsequent rules.  The Commission notes comments filed on this 
issue, and asks whether it should revise the EAS rules to require 
all video programming distributors subject to the Commission's 
EAS rules to provide the same information in both the visual and 
aural versions of all EAS messages, instead of only the header 
code information that EAS participants now provide visually or 
the critical details of the emergency information as required by 
section 79.2.  Further, the Commission asks whether the EAS rules 
should require EAS participants to provide an audio feed that 
duplicates any text portion of an EAS alert. Finally, the 
Commission seeks comment on how any next-generation, digitally-
based alert and warning system can be developed in a manner that 
assures that persons with disabilities will be given equal access 
to alert and warning as other Americans.  

     7.  The Commission recognizes the historic and important 
role of states and localities in public safety matters, and the 
essential role of states and localities in public safety matters, 
and the essential role that state and local governments play in 
delivering alert and warning.  Accordingly, the Commission seeks 
comment on how it can best work with the states to help implement 
the EAS rules adopted in the Order as well as to develop the next 
generation of alert and warning systems.  In particular, the 
Commission notes that there is a vital connection between state 
and local alert and warning and Federal efforts to mitigate 
disasters.  The Commission seeks comment on whether its rules 
should be revised to require that states notify the Commission of 
any changes in EAS participants' state EAS Local Area and/or EAS 
designation (PEP, LP1, LP2, SR, LR, etc.) within thirty days of 
such change, and in the absence of a change, a yearly 
confirmation that all state EAS Local Area and EAS designations 
remain the same. 

     8.  On September 22, 2005, the Independent Spanish 
Broadcasters Association, the Office of Communication of the 
United Church of Christ, Inc., and the Minority Media and 
Telecommunications Council filed a Petition for Immediate Relief 
with the Commission proposing changes to the Commission's EAS 
rules to require stations to air EAS messages in other languages 
in addition to English.  The Commission seeks comment on the 
issues raised in the petition and, for that purpose, incorporates 
the petition as well as the other pleadings filed in response to 
the petition into the record of this proceeding.  The Commission 
seeks comment on how this proposal would be implemented, and 
seeks comment on any other proposals regarding how to best alert 
non-English speakers.

     B.   Legal Basis

     9.   Authority for the actions proposed in this Further 
Notice may be found in sections 1, 4(i), 4(o), 303(r), 403, 
624(g) and 706 of the Communications Act of 1934, as amended, 
(Act) 47 U.S.C. §§ 151, 154(i), 154(j), 154(o), 303(r), 544(g) 
and 606.

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

     10. 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.291  The RFA 
generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' 
and ``small governmental jurisdiction.''292  In addition, the 
term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act.293  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).294

     11. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.''295  Nationwide, as of 2002, there were 
approximately 1.6 million small organizations.296  The term 
"small governmental jurisdiction" is defined as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.''297  
As of 1997, there were approximately 87,453 governmental 
jurisdictions in the United States.298  This number includes 
39,044 county governments, municipalities, and townships, of 
which 37,546 (approximately 96.2%) have populations of fewer than 
50,000, and of which 1,498 have populations of 50,000 or more.  
Thus, we estimate the number of small governmental jurisdictions 
overall to be 84,098 or fewer.  Nationwide, there are a total of 
approximately 22.4 million small businesses, according to SBA 
data.299 

     12. Television Broadcasting.  The SBA has developed a small 
business sized standard for television broadcasting, which 
consists of all such firms having $12 million or less in annual 
receipts.300  Business concerns included in this industry are 
those ``primarily engaged in broadcasting images together with 
sound.''301  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) affiliations302must be included.303  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).304  Given the nature of this service, we will 
presume that all LPTV licensees qualify as small entities under 
the SBA size standard.  

     13. Radio Stations.  The proposed 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 $6 million or less in annual 
receipts as a small business.305 A radio broadcasting station is 
an establishment primarily engaged in broadcasting aural programs 
by radio to the public.306 Included in this industry are 
commercial, religious, educational, and other radio stations.307 
Radio broadcasting stations which primarily are engaged in radio 
broadcasting and which produce radio program materials are 
similarly included.308  However, radio stations that are separate 
establishments and are primarily engaged in producing radio 
program material are classified under another NAICS number.309 
According to Commission staff review of BIA Publications, Inc. 
Master Access Radio Analyzer Database on March 31, 2005, about 
10,840 (95%) 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. 

     14. Cable and Other Program Distribution.  The SBA has 
developed a small business size standard for cable and other 
program distribution, which consists of all such firms having 
$12.5 million or less in annual receipts.310  According to Census 
Bureau data for 1997, in this category there was a total of 1,311 
firms that operated for the entire year.311  Of this total, 1,180 
firms had annual receipts of under $10 million, and an additional 
52 firms had receipts of $10 million to $24,999,999.312  Thus, 
under this size standard, the majority of firms can be considered 
small.  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 2002.313 

     15. 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 
fewer than 400,000 subscribers nationwide.314  We have estimated 
that there were 1,439 cable operators who qualified as small 
cable system operators at the end of 1995.315  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 1,439 small entity cable system operators that may be 
affected by the rules and policies proposed herein.

     16. Cable System Operators (Telecom Act Standard).  The 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.''316  The Commission has determined that 
there are 67,700,000 subscribers in the United States.317  
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.318  Based on available 
data, the Commission estimates that the number of cable operators 
serving 677,000 subscribers or fewer, totals 1,450.319  The 
Commission neither requests nor collects information on whether 
cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million,320 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.  

     17. Multipoint Distribution Systems.  The established rules 
apply to Multipoint Distribution Systems (MDS) operated as part 
of a wireless cable system.  The Commission has defined ``small 
entity'' for purposes of the auction of MDS 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.321  This definition of small 
entity in the context of MDS auctions has been approved by the 
SBA.322  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.

     18. MDS 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 $12.5 million or less in annual receipts.323  
This definition includes MDS and thus applies to MDS licensees 
that did not participate in the MDS auction.  Information 
available to us indicates that there are approximately 392 
incumbent MDS 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 MDS 
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 
2002.324

     19. Instructional Television Fixed Service.  The 
established rules would also apply to Instructional Television 
Fixed Service (ITFS) facilities operated as part of a wireless 
cable system.  The SBA definition of small entities for pay 
television services also appears to apply to ITFS.325  There are 
presently 2,032 ITFS licensees.  All but 100 of these licenses 
are held by educational institutions.  Educational institutions 
are included in the definition of a small business.326  However, 
we do not collect annual revenue data for ITFS 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 established rules.

     20. Wireless Service Providers.  The SBA has developed a 
small business size standard for wireless small businesses within 
the two separate categories of Paging327 and Cellular and Other 
Wireless Telecommunications. 328  Under both SBA categories, a 
wireless business is small if it has 1,500 or fewer employees.  
According to Commission data,329 1,012 companies reported that 
they were engaged in the provision of wireless service.  Of these 
1,012 companies, an estimated 829 have 1,500 or fewer employees 
and 183 have more than 1,500 employees.  This SBA size standard 
also applies to wireless telephony.  Wireless telephony includes 
cellular, personal communications services, and specialized 
mobile radio telephony carriers.  According to the data, 437 
carriers reported that they were engaged in the provision of 
wireless telephony.330  We have estimated that 260 of these are 
small businesses under the SBA small business size standard.  

     21. Broadband Personal Communications Service.  The 
broadband personal communications services (PCS) spectrum is 
divided into six frequency blocks designated A through F, and the 
Commission has held auctions for each block.  The Commission has 
created a small business size standard for Blocks C and F as an 
entity that has average gross revenues of less than $40 million 
in the three previous calendar years.331  For Block F, an 
additional small business size standard for ``very small 
business'' was added and is defined as an entity that, together 
with its affiliates, has average gross revenues of not more than 
$15 million for the preceding three calendar years.332  These 
small business size standards, in the context of broadband PCS 
auctions, have been approved by the SBA.333  No small businesses 
within the SBA-approved small business size standards bid 
successfully for licenses in Blocks A and B.  There were 90 
winning bidders that qualified as small entities in the Block C 
auctions.  A total of 93 ``small'' and ``very small'' business 
bidders won approximately 40 percent of the 1,479 licenses for 
Blocks D, E, and F.334  On March 23, 1999, the Commission 
reauctioned 155 C, D, E, and F Block licenses; there were 113 
small business winning bidders.335  On January 26, 2001, the 
Commission completed the auction of 422 C and F Broadband PCS 
licenses in Auction No. 35.  Of the 35 winning bidders in this 
auction, 29 qualified as ``small'' or ``very small'' 
businesses.336  Subsequent events, concerning Auction 35, 
including judicial and agency determinations, resulted in a total 
of 163 C and F Block licenses being available for grant.337

     22. Incumbent Local Exchange Carriers (Incumbent LECs).  We 
have included small incumbent local exchange carriers 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.''338  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.339  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.340  
According to Commission data,341 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.

     23. Competitive Local Exchange Carriers (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.342  
According to Commission data,343 769 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.

     24. Satellite Telecommunications and Other 
Telecommunications.  The Commission has not developed a small 
business size standard specifically for providers of satellite 
service.  The appropriate size standards under SBA rules are for 
the two broad categories of Satellite Telecommunications and 
Other Telecommunications.  Under both categories, such a business 
is small if it has $12.5 million or less in average annual 
receipts.344  For the first category of Satellite 
Telecommunications, Census Bureau data for 1997 show that there 
were a total of 324 firms that operated for the entire year.345  
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.

     25. The second category - Other Telecommunications - 
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.''346  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

     26. There are potential reporting or recordkeeping 
requirements proposed in this Further Notice, particularly with 
regard to state and local EAS participation and participation by 
digital broadcasters.  For example, the Commission is considering 
whether to adopt performance standards and reporting obligations 
for EAS participants.347  The proposals set forth in this Further 
Notice 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 

     27.  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.''348  

     28. The EAS NPRM invited comments on a number of 
alternatives to the imposition of EAS obligations on the digital 
communications technologies.  The Commission has considered each 
of those comments and in today's Order imposes minimal regulation 
on small entities to the extent consistent with our goal of 
advancing our public safety mission by adopting rules that expand 
the reach of EAS.  We believe that requiring DTV, DAB, digital 
cable, DBS and SDARS providers to install and use EAS equipment 
will not impose undue regulatory or financial burdens.  

     29. This Further Notice seeks additional comment to help 
expedite the development of a robust, state-of-the-art, 
digitally-based public alert and warning system, and to further 
minimize the impact on small entities.  In particular, we seek 
comment on how DTH and SDARS could deliver local alerts; how best 
to involve wireless providers; and how the Commission can best 
work with the states to help implement the EAS rules adopted in 
today's Order as well as to develop the next generation of alert 
and warning systems.  We note that we sought specific comment 
concerning possible alternatives in our approach toward small 
entities in the context of making EAS accessible to persons with 
disabilities.349  

     F.   Federal Rules that May Duplicate, Overlap, or Conflict 
          with the Proposed Rules

          30.  None.


                          STATEMENT OF 
                    CHAIRMAN KEVIN J. MARTIN

Re:  Review of the Emergency Alert System, First Report and Order 
and Further Notice of Proposed Rulemaking, EB Docket No. 04-296

     Today, we take the important step of applying the emergency 
alert system (EAS) rules to digital media.  We also continue our 
work to improve upon the current system.  

     Congress has charged the Commission with promoting the 
safety of life and property through the use of wire and radio 
communication.  To fulfill this important directive, the 
Commission has developed EAS, a national warning system.  While 
this system performs a critical function in ensuring public 
safety, it was developed in 1994 and relies on the delivery of 
alerts and warnings through analog radio and television broadcast 
stations and cable systems.  Today, however, a large and growing 
percentage of television viewers and radio listeners receive 
their programming from digital media.  In this Order, we update 
our rules to require the participation of digital television and 
radio, digital cable, and satellite television and radio in EAS.  
This will ensure that all television viewers and radio listeners 
have access to national and/or regional public alerts and 
warnings in the event of an emergency.

     Equally, if not more, important, is our continued work to 
develop a more comprehensive and more robust alert system.  
Hurricane Katrina (and Hurricanes Rita and Wilma) have only 
served to emphasize the need for a comprehensive and robust alert 
system that allows officials at the national, state and local 
levels to reach affected citizens in the most effective and 
efficient manner possible.  This system should have built-in 
redundancy features.  Among other things, it should incorporate 
the internet, which was designed by the military to be robust and 
contains network redundancy functionalities.  The system also 
should take advantage of advances in technology that enable 
officials to reach large numbers of people simultaneously through 
a variety of communications media.  Our work in this area is of 
the utmost importance.  I look forward to working with my fellow 
Commissioners to develop a public alert and warning system that 
is wide-reaching and furthers the Commission's core mission of 
promoting public safety through a robust communications system.
                          STATEMENT OF
               COMMISSIONER KATHLEEN Q. ABERNATHY

  Re:  Review of Emergency Alert System (EB Docket No. 04-296)


In the world we live in today, telecommunications is the vital 
link that keeps us in touch with each other and with what is 
going on around us.  Unfortunately, the world we live in today 
has come to be a very dangerous place.   Therefore, it is 
critically important for telecommunications to serve as a 
reliable instant messenger of news and information that we and 
our families need to protect ourselves in sudden emergencies.

The Order and Further Notice we adopt today help assure that kind 
of reliability.  By expanding the Commission's Emergency Alert 
System requirements to the new generation of digital 
communications services that American families increasingly rely 
on  --  digital broadcast radio and TV, digital cable, and 
direct-to-home satellite TV and radio services  --  the Order 
advances the goal of getting lifesaving information out to  those 
who need it.   And the Further Notice looks to added ways of 
guaranteeing that no American lacks access to emergency 
information, that all technologies are appropriately tasked to 
help safeguard our people, and that any state governor wishing to 
do so can activate EAS warnings for disasters impacting  people 
in one or more states.  

These are excellent outcomes, and I thank the Chairman and the 
staff who worked so diligently to develop this item and present 
it to us today.  I also express thanks to those in the 
telecommunications industry who came forward proactively with 
proposals on how other technologies can contribute to a seamless 
digital emergency alert system.  These issues are discussed in 
the Further Notice and I look forward to receiving public comment 
on them.

Given the complexity of telecom regulation, many of the items the 
Commission votes on have to be broken down and translated to 
understand the good things expected to come from them.  This item 
isn't one of them:  its benefits will be real and tangible, 
helping to protect our safety and well-being when we are most in 
peril.  For this reason, I fully support it and vote to approve 
it.




                          STATEMENT OF 
                  COMMISSIONER MICHAEL J. COPPS

Re:       Review of the Emergency Alert System

     This Order paves the way for bringing our warning system 
into the digital era.  There is every reason to make this a 
priority, from the threat of more terrorism to the continuing 
ravages of nature that we have endured this summer.  So I am 
pleased that we are moving to expand EAS into the new digital 
technologies that so many Americans are using.  

     Surely it is also time to explore a more comprehensive EAS 
system.  People today use communications devices to receive 
information in so many ways -- wireline, wireless, radio and 
television broadcasting, satellite, cable, IP technologies, and 
others.  To make our warning systems and information 
dissemination as effective as possible, we need to figure out how 
to integrate these diverse technologies.

     While the Further Notice is rather brief, I hope everyone 
will realize the many questions that need to be addressed as we 
bring the EAS into the Twenty-first century.  For example, we 
need to make sure that all Americans receive emergency 
information, including those with disabilities and those whose 
primary fluency is in a language other than English.  In the 
recent hurricanes, tens of thousands of residents whose primary 
language is not English lacked access to the information and 
warnings that others were receiving.  We need to solve this 
problem.

     Secondly, we need to realize that although EAS is a national 
system, it also affords state and local authorities the 
capability to provide emergency information on everything from 
weather emergencies to Amber alerts that save abducted children.  
So we need to decide who exactly, and at what level, can activate 
this system.  And does it make sense that employment of the 
system remains voluntary in most instances?  

     So there is a lot to do to complete this proceeding.  And we 
do not have the luxury of time in these efforts¾terrorists and 
hurricanes don't wait on us.  These are critical questions that 
are integral to our public safety and homeland security efforts.  
I look forward to working on this with my colleagues and with our 
new Bureau which I hope will be up and running soon.  
                      SEPARATE STATEMENT OF 
               COMMISSIONER JONATHAN S. ADELSTEIN

Re: In the Matter of Review of the Emergency Alert System, EB 
Docket No. 04-296. 

     Not only does Section One of the Communications Act of 1934 
make the Commission responsible for promoting the ``safety of 
life and property through the use of wire and radio 
communication,'' it also charges the Commission with making 
communications available ``to all the people of the United 
States, without discrimination on the basis of race, color, 
religion, national origin, or sex.''  In this item, we take a few 
important steps toward satisfying these important statutory 
obligations, but there remains some heavy lifting to do very 
soon.

     I am pleased to support this item, as it expands the 
obligation to transmit Presidential-level emergency messages from 
analog broadcast and cable to include new distribution platforms 
- digital broadcast and cable, and satellite radio and 
television. Equally important, this item encourages the voluntary 
transmission of multilingual emergency information in areas where 
a significant proportion of the population has its primary 
fluency in a language other than English.  Until the Commission 
has had an opportunity to examine this issue more fully, I 
strongly encourage all EAS participants to provide this important 
public safety service. 

     We cannot overemphasize the importance of disseminating 
emergency information in multiple languages.  In New Orleans 
alone, it is estimated that there were more than 50,000 Spanish-
speaking residents, and the only Spanish language station in the 
area was off-air before Hurricane Katrina even reached city 
limits.  It stayed off the air for the next seven days.  While 
all Gulf Coast broadcasters performed admirably - with great 
personal sacrifice - to provide news coverage to millions of 
households, some non-English speaking households may have been 
left in complete darkness.  As set forth in Section 1 of the 
Communications Act, we have an obligation to address this 
problem.

     We must find ways to ensure that all households have access 
to emergency warnings and alerts in a language they understand 
and that EAS meets the needs of individuals with hearing and 
vision disabilities.  All of us at the Commission should closely 
review and consider the comments of interested parties, and 
engage broadcasters, minority and disability groups in a 
constructive dialogue with the goal of achieving a sensible 
consensus on multilingual emergency alert information and 
disability access. 

     In the past four years, this nation has experienced several 
disasters - Hurricanes Katrina and Rita, the East Coast blackout 
and, of course, the September 11th terrorist attacks.  Noticeably 
unused during all of these disasters was the activation of EAS ¾ 
an alert system intended to deliver Presidential-level messages 
only.  

     While these recent disasters have focused attention on ways 
to improve our national system, clearly, we also need to focus 
attention on the ability of state governments to access EAS 
facilities to transmit emergency information, warnings and 
alerts.  So it's critical that we're seeking comment on whether 
we should require EAS participants to transmit all EAS messages 
issued by the Governor of the state in which they provide 
services. Additionally, I am pleased we are seeking comment on 
how best to coordinate with state and local governments to help 
implement the expanded EAS rules we adopt today.

     A final highlight is our request for comment on the 
integration of new technologies, primarily wireless devices such 
as cell phones, pagers, and PDA's, into our current emergency 
response system.  We seek comment, for example, on the benefits 
and limitations of the delivery of emergency alert messages 
through text-based messaging delivered by SMS or cell broadcast.  
While these technologies would complement, rather than replace, 
the current EAS, we should pay careful attention to practical 
implications for underserved and rural communities.  We should 
also consider alternative wireless technologies such as a 
proposal to take advantage of an existing wireless public alert 
service provided by the National Oceanic and Atmospheric 
Administration (NOAA).

     We are acting on this issue with the urgency it deserves.  
Just last week, the Senate Commerce Committee approved 
legislation - the Warning, Alert, and Response Network (WARN) Act 
- to create an enhanced emergency alert system.  The WARN Act 
would finance the creation of an All Hazards Alert System to 
deliver emergency warnings and alerts across a variety of 
devices, including mobile phones and Blackberry devices.  While 
the National Program Office would be established within NOAA, the 
FCC along with National Institute of Standards and Technology and 
the Federal Emergency Management Agency would form a working 
group to develop this new, enhanced alert system and to prepare 
guidelines for the technical capabilities of the system.  The Act 
would also give governors access to broadcast a message in their 
respective States.

     I am pleased to support our decision to expand EAS to 
require, not just analog broadcast and cable, but also digital 
broadcast and satellite radio and television, to transmit 
national emergency warnings and alerts.  The heavy lifting will 
come when we consider multilingual emergency information 
dissemination, greater disability access, coordination with state 
and local governments, and the integration of new wireless 
technologies into EAS.  I thank the Chairman for his leadership 
on this matter, and I look forward to working with him and all of 
my colleagues on these and other EAS-related issues as quickly as 
possible.
      

_________________________

1 See 47 U.S.C. § 151.  
2 The respective roles of the Commission, FEMA, and NWS are based 
on a 1981 Memorandum of Understanding, see State and Local 
Emergency Broadcasting System (EBS) Memorandum of Understanding 
Among the Federal Emergency Management Agency (FEMA), Federal 
Communications Commission (Commission), and the National Oceanic 
and Atmospheric Administration (NOAA) (Approved by National 
Industry Advisory Committee (NIAC) on April 21, 1982), a 1984 
Executive Order, Assignment of National Security and Emergency 
Preparedness Telecommunications Functions, Exec. Order No. 
12,472, 49 Fed. Reg. 13,471 (1984), and a 1995 Presidential 
Statement of Requirements, see Presidential Communications with 
the General Public During Periods of National Emergency, The 
White House (September 15, 1995).  
3 For purposes of this Order and our Part 11 rules only, the term 
``digital cable systems" is defined as the portion of a cable 
system that delivers channels in digital format to subscribers at 
the input of a Unidirectional Digital Cable Product or other 
navigation device.  
4 See Review of the Emergency Alert System, Notice of Proposed 
Rulemaking, EB Docket No. 04-296, 19 FCC Rcd 15775 (2004) (EAS 
NPRM).  Further, we recognize the importance of the issue raised 
in the EAS NPRM of whether participation in state and local EAS 
activations should remain voluntary, particularly in light of 
Hurricane Katrina, which highlighted the need for effective 
public alert and warning.  Resolution of this issue will require 
coordination with our Federal and State partners, and will also 
be the subject of a subsequent order.   
5 See infra Appendix C.  
6 See infra Appendix C..
7 See infra Appendix C.
8 See infra Appendix C.  
9 Providing for Emergency Control Over Certain Government and 
Non-Government Stations Engaged in Radio Communication or Radio 
Transmission of Energy, Exec. Order No. 10,312, 51 Fed. Reg. 
14,769 (1951).  See also EAS NPRM, 19 FCC Rcd at 15776-78, paras. 
6-8.  
10 Assigning Emergency Preparedness Functions to the Federal 
Communications Commission, Exec. Order No. 11,092, 63 Fed. Reg. 
2216 (1963).
11 See Amendment of Part 73, Subpart G, of the Commission's Rules 
Regarding the Emergency Broadcast System, Second Report and 
Order, FO Docket No. 91-301, FO Docket No. 91-171, 12 FCC Rcd 
15503 (1997) (Second Report and Order).  
12 See supra n.2.  
13 47 U.S.C. §§ 151 (stating that the Commission was created for 
the purposes of, inter alia, national defense and promoting 
safety of life and property through the use of wire and radio 
communication), 154(i) and (o) (providing a general grant of 
authority to perform any and all acts, make such rules and 
regulations, and issue such orders, not inconsistent with the 
Act, as may be necessary in the execution of the Commission's 
functions; and providing the Commission with authority to 
investigate, study, and propose best methods to resolve any and 
all problems preventing the maximum effective use of radio and 
wire communications in connection with safety of life and 
property), 303(r) (generally granting rulemaking authority to the 
Commission), 606 (granting specific, communications-related 
powers to the President in time of war or national emergency; in 
such event, the President may, for example, take control of, or 
suspend or amend the rules and regulations applicable to, any or 
all cable and radio and television broadcast stations within the 
Commission's jurisdiction).
14 See supra n.2.
15 The Stafford Act authorizes the President to make provisions 
for emergency preparedness communications and dissemination of 
warnings to governmental authorities and the civilian population 
in areas endangered by disasters.  Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (Stafford Act), as amended, 
42 U.S.C. § 5121, et. seq.  
16 47 C.F.R. § 11.44(a).
17 47 C.F.R. § 11.55(a); see also Amendment of Part 11 of the 
Commission's Rules Regarding the Emergency Alert System, Report 
and Order, EB Docket No. 01-66, 17 FCC Rcd 4055, 4057, para. 3 
(2002) (2002 Report and Order); Amendment of Part 73, Subpart G, 
of the Commission's Rules Regarding the Emergency Broadcast 
System, Report and Order and Further Notice of Proposed 
Rulemaking, FO Docket 91-301, FO Docket 91-171, 10 FCC Rcd 1786, 
1809, para. 66 (1994) (First Report and Order), reconsideration 
granted in part, denied in part, 10 FCC Rcd 11494 (1995).
18 All broadcast stations and cable systems have EAS designations 
that describe their functions within EAS.  See 47 C.F.R. § 11.18.
19 47 C.F.R. § 11.14.  
20 See 47 C.F.R. § 11.51(k) (stating that broadcast stations and 
cable systems and wireless cable systems are required to transmit 
all received EAS messages in which the header code contains the 
Event codes for Emergency Action Notification (EAN), Emergency 
Action Termination (EAT), and Required Monthly Test (RMT), and 
when the accompanying location codes include their State or 
State/county and stating that these EAS messages must be 
retransmitted unchanged except for the identification of the 
broadcast station, cable system, wireless cable system, or other 
entity retransmitting the message).  Section 11.31(a)(3) states 
that the EAS message may be audio, video or text and Section 
11.31(c) sets out a representation of the EAS protocol, including 
the message format which includes "transmission of audio, video 
or text messages."  47 C.F.R. § 11.31(a)(3), 11.31(c); see also 
47 C.F.R. §§ 11.11 (requiring that all EAS participants use the 
common EAS protocol defined in section 11.11).
21 The State Relay Network is composed of State Relay sources, 
leased common carrier communications facilities, or any other 
available communication facilities.  In addition to EAS 
monitoring, satellites, microwave, FM subcarrier, or any other 
communications technology may be used to distribute state 
emergency messages.  See 47 C.F.R. § 11.20.
22 47 C.F.R. § 11.18(d).  
23 47 C.F.R. § 11.18(b).  
24 47 C.F.R. § 11.31.  
25 47 C.F.R. § 11.31(a).
26 47 C.F.R. §§ 11.33(a)(4), 11.51(k)(1), 11.54. 
27 See generally EAS NPRM, 19 FCC Rcd 15775.
28 Testimony of Michael D. Brown, Under Secretary of Homeland 
Security for Emergency Preparedness and Response, Federal 
Emergency Management Agency, House of Representatives, Committee 
on Appropriations, Subcommittee on Homeland Security, March 9, 
2005 and Testimony of Reynold N. Hoover, Director, Office of 
National Security Coordination, FEMA, Department of Homeland 
Security, All-Hazards Alert Systems, Senate Committee on 
Commerce, Science and Transportation, Subcommittee on Disaster 
Prevention and Prediction, July 27, 2005. 
29 Testimony of John M. Lawson, President and CEO, Association of 
Public Television Stations (APTS), Senate Hearing, July 27, 2005.
30 Information on CAP available at 
http://www.incident.com/cookbook/index.php/CAP_Fact_Sheet (last 
visited Aug. 11, 2005). 
31 Reverse 911 is a term that describes a calling system that 
places calls generated by a public safety call center to a 
specific audience.
32 Intelligence Reform and Terrorism Prevention Act of 2004, Pub. 
L. No. 108-458, 118 Stat. 3638 (2004) (to be codified at 
scattered sections U.S.C.).  Information regarding pending 
federal legislation related to emergency alert and warning (i.e. 
Tsunami Preparedness Act, S. 50, 109th Cong (2005)) can be found 
in the CRS Report for Congress.  See Linda K. Moore and Shawn 
Reese, Emergency Communications: The Emergency Alert System (EAS) 
and All-Hazard Warnings, Congressional Research Service, The 
Library of Congress, CRS Report for Congress, at CRS-9-12 
(updated Sept. 2, 2005), available at 
http://www.uscongress.com/section/pdf/CRSRL32527_9_11.pdf (last 
visited Sept. 21, 2005).
33 Id., § 7502(a).
34 See e.g., Contra Costa County Community Warning System (Contra 
Costa County) Comments at 10; Dr. Peter L. Ward (Dr. Ward) 
Comments at 4; Developers ¾ Sage Alerting Systems ENDEC, Gerald 
LeBow and Harold Price (Developers) Comments at 8-9; Jefferson 
Pilot Communications Company (Jefferson Pilot) Comments at 1.  
35 The Further Notice also seeks comment on wireless-related 
issues and whether participation in state and local EAS 
activations should remain voluntary.  
36 In the Telecommunications Act of 1996, Congress provided that 
initial eligibility for any advanced television licenses issued 
by the Commission should be limited to existing broadcasters, 
conditioned on the eventual return of either the current 6 MHz 
channel or the new digital channel.  47 U.S.C. § 336; Pub. L. No. 
104-104, 110 Stat. 56 (1996).
37 DTV refers to any technology that uses digital techniques to 
provide advanced television services such as high definition TV, 
multiple standard definition TV and other advanced features and 
services.  See Advanced Television Systems and Their Impact upon 
the Existing Television Broadcast Service, Sixth Further Notice 
of Proposed Rulemaking, MM Docket No. 87-268, 11 FCC Rcd 10968, 
10970 n.1 (1996).  
38 Approximately 88.5% of the authorized DTV channels are 
operational and on the air.  DTV Stations Authorized to Be on the 
Air, Video Division, Media Bureau, Federal Communications 
Commission, (July 18, 2005) available at 
http://www.fcc.gov/mb/video/files/dtvonairsum.html. 
39 Advanced Television Systems and Their Impact upon the Existing 
Television Broadcast Service, Fifth Report and Order, MM Docket 
No. 87-268, 12 FCC Rcd 12809, 12843-44, paras. 82-86 (1997) (DTV 
Fifth Report and Order).
40 47 U.S.C. § 309(j)(14).  As of September 20, 2005, no such 
extension requests have been filed.  Congress has recently been 
considering proposed legislation that would establish a date 
certain for the transition end date.  See, e.g., Spectrum 
Availability for Emergency-Response and Law Enforcement to 
Improve Vital Emergency Service Act, S. 1268, 109th Cong. (2005); 
DTV Transition Act of 2005: Hearing on a Staff Discussion Draft 
Before the Subcomm. on Telecomm. & the Internet, House Comm. on 
Energy and Commerce, 109th Cong. (2005), available at 
http://energycommerce.house.gov/108/Hearings/05262005hearing1533-
/hearing.htm.
41 See, e.g., 47 C.F.R. §§ 73.622-625.
42 At that time, DTV was referred to as High Definition 
Television or HDTV.
43 First Report and Order, 10 FCC Rcd at 1786, 1811.  TV stations 
were not operating digitally at the time and therefore were not a 
necessary link in disseminating emergency information.
44 EAS NPRM, 19 FCC Rcd at 15786, para. 29.
45 Id.
46 We note that APTS has initiated a ``Datacasting'' project 
whereby EAS and other emergency notifications can be carried on 
the digital television bit stream.  See Jeffrey Davis et al., 
Public Digital Television: Improving Homeland Security, APTS 
(June 2003), available at 
http://www.apts.org/html/homeland/hswhitepaper.pdf.  
47 EAS NPRM, 19 FCC Rcd at 15786, para. 30.  ``Force tuning'' 
technology allows a provider to switch subscribers from any 
programmed channel or stream to a specific channel or stream that 
will carry EAS messages.  
48 This includes broadcasters of digital low power television and 
digital Class A television.
49 See infra Appendix B, 47 C.F.R. § 11.54(b).
50 See infra Appendix B, 47 C.F.R. § 11.55(a) and (c).  
51 See, e.g., 47 C.F.R. §§ 11.35(a), 11.61.  
52 See 47 U.S.C. § 336; see also DTV Fifth Report and Order, 12 
FCC Rcd at 12810-11, para. 2.  
53 National Association of Broadcasters and Association for 
Maximum Service TV, Inc. (NAB/MSTV) Comments at 18-19.
54 See Second Report and Order, 12 FCC Rcd at 15793, para. 38 (in 
extending EAS requirements to wireless cable providers, 
explaining that ``[w]e believe it is important to provide 
emergency information to as many people as possible through 
different means of delivery and that including a wide variety of 
multichannel video providers such as wireless cable could provide 
important safety information to viewers.'').
55 Entergy Nuclear Northeast, Michael J. Slobodien (Entergy) 
Comments at 2-3; NAB/MSTV Comments at 16-17; North Carolina 
Association of Broadcasters (NCAB) Comments at 13; Developers 
Comments at 8-9; Liberty Corporation (Liberty) Comments at 3; 
Society of Broadcast Engineers, Inc. (SBE) Comments at 19-20; 
Thomas A. Newell, Facilities Engineer (Newell) Comments at 4. 
56 See infra Appendix B, 47 C.F.R. § 11.51(c).  This requirement 
applies only to program streams and not to data streams.  
57 Cox Broadcasting, Inc. (Cox) Comments at 7-8 (agreeing that 
DTV providers should have the ability to provide EAS information 
in their program streams, but not in the data streams); 
Developers Comments at 8-9; Gary E. Timm, Chair, Wisconsin SECC 
(Timm) Comments at 6; Hearst-Argyle Television, Inc. (Hearst-
Argyle) Comments at 6; Liberty Comments at 3; NCAB Comments at 
13; Ohio Association of Broadcasters (OAS) Comments at 14-15; 
Rehabilitation Engineering Research Center on Telecommunications 
Access (RERC) Comments at 5-6; Consumer Electronics Association 
(CEA) Reply Comments at 9; SBE Reply Comments at 5 (asserting 
that EAS messages should be provided in program data streams but 
not in their auxiliary data streams).  
58 Rehabilitation Engineering Research Center on Mobile Wireless 
Technologies (RERC Wireless) Comments at 8.
59 Ohio Emergency Management Agency (Ohio EMA) Comments at 3.
60 NAB/MSTV Comments at 16-17.
61 Harris Corporation contends that, although software changes 
may be required for the forced display of graphics and the 
forced-change of program streams, such changes are not 
significant.  Harris Corporation (Harris) Comments at 5-6.
62 We agree with the commenters who argue that force tuning 
should not be required.  Hearst-Argyle Comments at 6; OAS 
Comments at 14-15.
63 Section 624(g) of the Cable Television Consumer Protection and 
Competition Act of 1992, Pub. L. No. 102-385, § 16(b), 106 Stat. 
1460, 1490 (1992), codified at 47 U.S.C. § 544.  
64 First Report and Order, 10 FCC Rcd at 1788, para. 1.  
65 Id. at 1806-07, paras. 58-59.
66 See Second Report and Order, 12 FCC Rcd at 15504, para. 1.  
For purposes of the EAS rules, a ``wireless cable system'' is a 
collection of Multipoint Distribution Service, Multichannel 
Multipoint Distribution Service or Instructional Television Fixed 
Service channels used to provide video programming and other one-
way and two-way communications services to subscribers.  The 
channels may be licensed to or leased by wireless cable system 
operators.  See 47 C.F.R. § 11.11(c)(1).  
67 EAS NPRM, 19 FCC Rcd at 15786, para. 29.
68 Id. at paras. 29-30.
69 Jade Clayton, McGraw-Hill Telecom Dictionary 183 (2d ed. 
2000).  
70 See infra Appendix C.
71 The signal is provided to the subscriber in digital format at 
the input of Unidirectional Digital Cable Product or other 
navigation device.  
72 See infra Appendix B, 47 C.F.R. § 11.54(b).
73 See infra Appendix B, 47 C.F.R. § 11.55(a) and (c)(4).
74 H.R. Rep. No. 102-628, H.R. Rep. No. 628, 102nd Cong., 2d 
Session 1992, at 110.
75 See 47 U.S.C. § 151.
76 See, e.g., Entergy Comments at 2-3, FEMA, Director, Office of 
Nat'l Security Coordination (FEMA) Comments at 2, Partnership for 
Public Warning (PPW) Comments at 19, SBE Comments at 19.
77 SBE Comments at 19.
78 Id.
79 PPW Comments at 19.
80 Id.
81 See, e.g., Ohio EMA Comments at 3 (indicating that the force 
tuning of receivers is a viable EAS option if technology allows 
such an alternative).  
82 The Plug-and-Play Agreement is a Memorandum of Understanding 
("MOU") between representatives of the cable television and 
consumer electronics industries that details a comprehensive 
agreement on a cable compatibility standard for integrated, 
unidirectional digital cable television receivers, as well as 
other unidirectional digital cable products.  This agreement was 
essentially adopted by the Commission.  See Implementation of 
Section 304 of the Telecommunications Act of 1996, Second Report 
and Order and Second Further Notice of Proposed Rulemaking, PP 
Docket No. 00-67, 18 FCC Rcd 20885 (2003).  We await a similar 
agreement on Two-Way Plug-and-Play.
83 See ANSI/SCTE 54 2003: ``Digital Video Service Multiplex and 
Transport System Standard for Cable Television.''  Section 15.38 
of our rules specifically mentions this standard.  See 47 C.F.R. 
§ 15.38.  ANSI/SCTE 54 2003 specifies that emergency alert 
information transmitted shall conform to ANSI-J-STD-042-2002: 
``Emergency Alert Message for Cable'' (also known as SCTE 18 
2002).
84 See infra Appendix B, 47 C.F.R. § 11.51(g).  
85 Digital Audio Broadcasting Systems and Their Impact on the 
Terrestrial Radio Broadcast Service, First Report and Order, MM 
Docket No. 99-325, 17 FCC Rcd 19990 (2002) (DAB R&O).
86 See DAB R&O, 17 FCC Rcd at 20004-05, para. 41.
87 See also Digital Audio Broadcasting Systems and Their Impact 
on the Terrestrial Radio Broadcast Service, Further Notice of 
Proposed Rulemaking and Notice of Inquiry, MM Docket No. 99-325, 
19 FCC Rcd 7505, 7506, 7519, paras. 1, 37-38 (2004) (DAB FNPRM).  
The Commission's statutory authority for implementing rules 
regarding DAB is derived from, inter alia, Sections 1, 4, 303, 
and 307 of the Communications Act.  47 U.S.C. §§ 151, 154, 303, 
and 307.
88 These data services are able to transmit information such as 
station, song and artist identification, stock and news updates, 
and local traffic and weather bulletins.  
89 See DAB FNPRM, 19 FCC Rcd at 7506, para. 2.   
90 IBOC technology transmits the digital signals using orthogonal 
frequency division multiplexing.  
91 Existing analog radios continue to receive analog broadcast 
signals. 
92 EAS NPRM, 19 FCC Rcd at 15786, para. 29.  See also DAB FNPRM, 
19 FCC Rcd at 7519, paras. 37-38.
93 This includes digital low power FM broadcasters.  
94 See, e.g., Developers Comments at 3, 7-8; Harris Comments at 
6; NAB/MSTV Comments at 17-18, 37; Larry A. Estlack (Estlack) 
Comments at 4; Ohio EMA Comments at 3; SBE Comments at 19, 21; 
Timm Comments at 6-7; Primary Entry Point Advisory Committee, 
Inc., (PEPAC) Comments at 4; RERC Wireless Comments at 8; WTOP-
AM, (WTOP-FM) and WXTR-AM (WTOP/WXTR) Comments at 10; see also 
National Association of Broadcasters Comments at 23-24 in MM 
Docket No. 99-325.  
95 See infra Appendix B, 47 C.F.R. § 11.54(b).
96 See infra Appendix B, 47 C.F.R. § 11.55(a).
97 See infra Appendix B, 47 C.F.R. § 11.55(a) and (c).  
98 See infra Appendix B, 47 C.F.R. § 11.51(c).
99 See DAB FNPRM, 19 FCC Rcd at 7519, paras. 37-38.  See also 
Second Report and Order, 12 FCC Rcd at 15522, para. 38.  
100 See, e.g., Cox Comments at 7-8 (agreeing that digital radio 
should have the ability to provide EAS information in their 
program streams, but not in the data streams); Developers 
Comments at 8; Newell Comments at 4; Ohio EMA Comments at 3; SBE 
Comments at 19-21; Timm Comments at 6; WTOP/WXTR Comments at 10. 
101 See SBE Comments at 19-21; WTOP/WXTR Comments at 10.
102 NAB/MSTV and National Public Radio assert that we should 
extend EAS obligations only to audio streams available free to 
the general public.  See, e.g., NAB/MSTV Comments at 17-18 
(asserting that EAS information ``may not be suitable'' for 
supplementary services that deliver more focused programming or 
data or are only available to subscribers and ``urg[ing] the 
Commission to require EAS functionality on secondary services 
intended for the general public, but at this time not to extend 
this requirement to other services''); National Public Radio, 
June 16, 2004, Comments in MM Docket No. 99-325 at 13 (agreeing 
that each free over the-air audio program service should 
participate in the emergency alert system).  As EAS is being 
applied to other digital subscription services, we see no reason 
to defer this determination for DAB.
103 In the DAB FNPRM, the Commission sought comment on the 
appropriate policies the Commission may adopt to encourage radio 
stations to convert from an analog-only radio service to a hybrid 
analog/digital radio service, and, eventually, to an all-digital 
radio service.  See DAB FNPRM, 19 FCC Rcd at 7511-12, paras. 15-
17.
104 NAB/MSTV Comments at 17.
105 National Public Radio June 16, 2004, Comments in Docket No. 
99-325, at 13.
106 Although one such method could consist of transmitting the 
EAS message on one stream and force tuning all receivers to that 
stream, we decline to require this force tuning method as Harris 
Corporation requests.  See Harris Comments at 6 (acknowledging 
that IBOC receivers currently do not have the ability to be force 
tuned, but asserting that manufacturers could make basic 
adjustments to receivers to enable force tuning); see also Ohio 
EMA Comments at 3 (stating that force tuning of receivers is a 
viable EAS option, as technology allows for this to occur, but in 
the interim, EAS messages should be aired on all program 
streams); WTOP/WXTR Comments at 10 (noting that force tuning is 
one method of insuring that emergency messages reach the 
listening public and, while noting that there are technical 
details to be worked out, supporting it in principle). 
107 SBE Comments at 21-22.
108 47 C.F.R. § 25.201 (defining SDARS as ``[a] 
radiocommunication service in which audio programming is 
digitally transmitted by one or more space stations directly to 
fixed, mobile, and/or portable stations, and which may involve 
complementary repeating terrestrial transmitters, telemetry, 
tracking and control facilities'').  The Commission has not 
classified SDARS as either a broadcast or common carrier service 
under our rules.  Establishment of Rules and Policies for the 
Digital Audio Radio Satellite Service in the 2310-2360 MHz 
Frequency Band, Report and Order, Memorandum Opinion and Order 
and Further Notice of Proposed Rulemaking, IB Docket No. 95-91, 
12 FCC Rcd 5754, 5788-89, para. 84 (1997) (SDARS Order).  At this 
time, SDARS licensees are not required to, and do not, serve 
Alaska or Hawaii.  The Commission's statutory authority to 
regulate SDARS emanates primarily from Titles I and III of the 
Act.  47 U.S.C. §§ 151, et seq., 301, et seq.
109 Satellite CD Radio, Inc. Application for Authority to 
Construct, Launch, and Operate Two Satellites in the Satellite 
Digital Audio Radio Service, Order and Authorization, File Nos. 
71-SAT-AMEND-97, 49/50-DSS-P/LA-905, 58/59-DSS-AMEND-90, 8/9-DSS-
AMEND-92, 12/13-DSS-AMEND-92, 44/45-DSS-AMEND-92, 42-SAT-AMEND-
95, 71-SAT-AMEND-97, 13 FCC Rcd 7971 (1997) (Sirius Authorization 
Order), modified sub nom, Sirius Satellite Radio Inc. for Minor 
Modification of License to Construct, Launch and Operate a Non-
Geostationary Satellite Digital Audio Radio Service System, Order 
and Authorization, File No. SAT-MOD-19981211-00099, 16 FCC Rcd 
5419 (2001).
110 American Mobile Radio Corporation Application for Authority 
to Construct, Launch and Operate Two Satellites in the Satellite 
Digital Audio Radio Service, Order and Authorization, File Nos. 
72-SAT-AMEND-97, 10/11-DSS-P-9312/15/92, 26/27-DSS-LA-931/15/93, 
83/84-SAT-AMEND-953/10/95, 72-SAT-AMEND-97, 13 FCC Rcd 8829 
(1997) (XM Radio Authorization Order).
111 See Sirius Satellite Radio, Inc. Comments at 3 (Sirius 
Comments) (``Sirius cannot and does not broadcast programming on 
a local or regional basis; instead, all of Sirius' subscribers, 
regardless of location, receive precisely the same 
programming.''); XM Radio Inc. Comments at 3-4 (XM Comments) 
(``As with all satellite radio programming, the traffic and 
weather information is simultaneously transmitted by XM's 
satellites and terrestrial repeaters directly to subscribers' 
receivers throughout XM's coverage area.'').  Although SDARS 
systems do utilize localized terrestrial transmitters to amplify 
their signal and fill gaps in satellite coverage, the authority 
for use of these terrestrial repeater networks is temporary, and 
SDARS operators are prohibited from originating programming at 
their terrestrial repeaters.  See Sirius Satellite Radio, Inc., 
Application for Special Temporary Authority to Operate Satellite 
Digital Audio Radio Service Complementary Terrestrial Repeaters, 
Order and Authorization, File No. SAT-STA-20010724-00064, 16 FCC 
Rcd 16773, 16777, para. 11 (2001) (Sirius STA Order), modified 
by, Order, File No. SAT-STA-20010724-00064, 16 FCC Rcd 18481 
(2001) (modifying, on the Commission's own motion, requirement 
that Sirius coordinate with WCS licensees to also include 
coordination with Multipoint Distribution Service and 
Instructional Television Fixed Service licensees); XM Radio Inc., 
Application for Special Temporary Authority to Operate Satellite 
Digital Audio Radio Service Complementary Terrestrial Repeaters, 
Order and Authorization, File No. SAT-STA-20010712-00063, 16 FCC 
Rcd 16781, 16784, para. 11 (2001), modified by, Order, File No. 
SAT-STA-200110712-00063, 16 FCC Rcd 18481 (2001) (modifying, on 
the Commission's own motion, requirement that XM coordinate with 
WCS licensees to also include coordination with Multipoint 
Distribution Service and Instructional Television Fixed Service 
licensees).
112 See Sirius Comments at 3; XM Comments at 3-4.
113 See generally First Report and Order, 10 FCC Rcd 1786.  See 
generally 47 C.F.R. § 11.11(e).  (``Organizations that choose to 
voluntarily participate [in the EAS] must comply with the 
requirements [set forth in Part 11].'').  
114 EAS NPRM, 19 FCC Rcd at 15786, para. 29.
115 Id.
116 See XM Comments at 4.  In addition to weather related 
emergency information, XM also transmits Amber Alerts over its 
traffic and weather channels.  See XM Comments at 5.  These 
alerts include verbal delivery of critical information and a 
visual scroll of the alleged abductor's license plate number and 
other vital information, which appears on the LED screen of the 
subscriber's satellite radio receiver.  See id.
117 See XM Comments at 3, 5.
118 See XM Comments at 5.  We note that XM recently dedicated 
this channel to emergency information related to Hurricane 
Katrina.
119 See XM Comments at 4, 9.
120 See Sirius Comments at 3.
121 Id.  On August 14, 2003, an electrical power blackout 
affected approximately 50 million people in large portions of the 
northeastern and midwestern United States, as well as parts of 
Canada.  See, e.g., Washington Post, Blackout 2003, available at 
http://www.washingtonpost.com/wp-dyn/nation/specials/blackout2003 
(last visited Sept. 20, 2005) (compiling 2003 Washington Post 
news reports on the blackout).
122 See infra Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(i), 
11.54(b).
123 See Sirius Comments at 2-3 (explaining that once a national 
level alert is received, Sirius can commit all channels to 
relaying that alert); XM Comments at 8 (explaining that in the 
event that a Presidential Level alert is delivered, XM's 
headquarters and operations center is staffed 24 hours per day, 7 
days per week, and is equipped with a manual switching device 
that can force every XM channel to the emergency audio alert 
delivered by the President or his designate).  
124 See infra Appendix B, 47 C.F.R. §§ 11.11(a), 11.35(a), 
11.51(i)(1), 11.52(d), 11.54(b)(1).  
125 See XM Comments at 8.
126 We note that SDARS licensees are not required to provide 
traffic and weather channels.  These new rules will apply only to 
those traffic and weather channels that they choose to offer.
127 See infra Appendix B, 47 C.F.R. § 11.55(a)(2).
128 See infra Appendix B, 47 C.F.R. § 11.61(a).
129 See XM comments at 9.
130 See infra Appendix B, 47 C.F.R. § 11.11(a).
131 See infra Appendix C.
132 See e.g. Jeff Leeds, Venture to Put Live Shows On Internet 
And Radio, N.Y. Times, July 13, 2005, at C4, available at 2005 
WLNR 10935780 (XM teaming with America Online to offer live 
concerts via Internet, satellite, wireless and other media); Cell 
Phone Companies Seek Profit in Music Services, Washington Post, 
July 2, 2005, available at 2005 WLNR 10436405 (Sirius teaming 
with Sprint Corp. to offer commercial-free music and music video 
streams over mobile phones); Bloomberg News, 2 Automakers Reach 
Deals On Installing Satellite Radio, N.Y. Times, Mar. 24, 2005, 
at C8, available at 2005 WLNR 4609972 (XM and Sirius teaming with 
various car manufacturers to include a satellite radio receiver 
as a standard or factory-installed option).
133 See Sirius Comments at 2; XM Comments at 8, 11; Satellite 
Broadcasting and Communications Association (SBCA) Reply Comments 
at 2.
134 See Alaska Broadcasters Association and the State Emergency 
Communications Committee (ABA/ASECC) Comments at 1-2; Developers 
Comments at 3; Entergy Comments at 2-3; Estlack Comments at 4; 
Newell Comments at 4; SBE Comments at 20-21; Timm Comments at 7.
135 See supra note 123.  
136 See CEA Comments at 8-9 (``[T]he Commission's suggestions for 
mandatory standards on equipment would disserve the public 
interest.  With technology ever more rapidly changing, only 
marketplace forces have the agility needed for manufacturers to 
adjust in a timely fashion to consumer needs and technological 
improvements.  Particularly with regards to emergency alerts, FCC 
standards or other edicts are likely to be outmoded soon after 
adoption given that the rulemaking process often is longer than 
the life cycles of technologies.''); XM Comments at 11-12; XM 
Reply Comments at 4.
137 See SBCA Comments at 7 (``Satellite participation in national 
EAS would be possible, if somewhat difficult.  Satellite 
participation in state and local EAS, however, is a far more 
daunting proposition.'') (emphasis in original); Sirius Comments 
at 3-4; XM Comments at 9-10.
138 See supra para. 42.
139 See Dr. Ward Comments at 4 (contending the primary needs to 
move into the digital future of warning are: (1) a national 
standard data format for warning information; (2) a national 
source of official warnings that can be relayed by industry with 
no liability for message content; and (3) a robust secure, multi-
stranded network that can relay official inputs to all types of 
systems that can rebroadcast or address the warning information 
to those directly at risk); XM Comments at 10-11 (``To the extent 
that a single entity were established to collect and transmit all 
state and local EAS alerts . . . XM could explore providing state 
and local EAS alerts for'' regions not covered by its 21 
metropolitan area traffic and weather channels).
140 See Sirius Comments at 5, n.13; XM Comments at 10-11.
141 See, e.g., SBCA Comments at 8; Sirius Comments at 3 (``Sirius 
cannot and does not broadcast programming on a local or regional 
basis...''); XM Comments at 10 (stating that with its extensive 
coverage area, satellite radio is fundamentally different than 
locally-based multichannel programming providers because the 
subscribers for these providers are all located in the vicinity 
of the emergency); SBCA Reply Comments at 3-4.  Both current 
SDARS licensees implement a localized system of terrestrial 
repeaters, but XM and Sirius agree that it is infeasible to use 
those repeaters to transmit EAS alerts for both regulatory and 
technological reasons.  See Sirius STA Order, 16 FCC Rcd at 
16777, para. 11 (special temporary authority restricts the use of 
repeaters to the simultaneous retransmission of programming, in 
its entirety, transmitted by the satellite directly to SDARS 
subscriber's receivers).  Sirius contends that it would need 
regulatory relief before it could use its terrestrial repeaters 
locally or regionally to preempt programming and deliver local or 
regional EAS alerts.  Even if such regulatory relief were 
granted, Sirius contends it would have to deploy additional 
equipment in order to be able to use terrestrial repeaters to 
originate EAS alerts since Sirius' terrestrial repeaters are not 
technologically equipped to originate programming.  Moreover, 
Sirius states that, because terrestrial repeaters are meant to 
address coverage gaps, Sirius' terrestrial repeater network does 
not cover the entire nation.  Sirius Comments at 3.  See also XM 
Comments at 2 (citing Commission temporary authority order 
granting XM use of terrestrial repeaters for the exclusive 
purpose of simultaneously retransmitting the programming 
delivered via XM's satellites); XM Reply Comments at 3 (agreeing 
with Sirius that use of terrestrial repeaters to transmit EAS 
alerts is infeasible for both regulatory and technological 
reasons).
142 See Sirius Comments at 4 (Sirius proposes to distribute local 
and regional EAS messages by ``pre-empt[ing] the relevant 
channel(s) normally used for local traffic and weather to 
transmit the authorized emergency information.''); XM Comments at 
9 (XM suggests ``transmitting state and local EAS alerts to its 
subscribers on the Instant Traffic & Weather channel appropriate 
for the region in which the emergency occurs.''); see also SBCA 
Reply Comments at 3 (SBC argues that the dissemination of state 
and local EAS warnings on satellite radio should be limited to 
the distribution on the traffic and weather channels of each 
provider).
143 XM Comments at n. 6 (``XM currently provides Instant Traffic 
& Weather channels for the following cities and their surrounding 
areas:  Atlanta, GA; Baltimore, MD; Boston, MA; Chicago, IL; 
Dallas/Ft. Worth, TX; Detroit, MI; Houston, TX; Los Angeles, CA; 
Miami/Ft. Lauderdale, FL; Minneapolis/St. Paul, MN; New York, NY; 
Orlando, FL; Philadelphia, PA; Phoenix, AZ; Pittsburgh, PA; San 
Diego, CA; San Francisco Bay Area, CA; Seattle, WA; St. Louis, 
MO; Tampa, FL; Washington, DC.'').  Sirius has similar traffic 
and weather channels for 20 markets/regions.  See Sirius Comments 
at 3.
144 See Sirius Comments at 4.
145 47 U.S.C. § 303(v) (``Except as otherwise provided in this 
Act, the Commission from time to time, as public convenience, 
interest, or necessity requires shall... [h]ave exclusive 
jurisdiction to regulate the provision of DTH satellite services.  
As used in this subsection, the term 'direct-to-home satellite 
services' means the distribution or broadcasting of programming 
or services by satellite directly to the subscriber's premises 
without the use of ground receiving or distribution equipment, 
except at the subscriber's premises or in the uplink process to 
the satellite.'').
146 47 C.F.R. §  25.201 (defining DBS service as ``[a] 
radiocommunication service in which signals transmitted or 
retransmitted by space stations, using frequencies specified in § 
25.202(a)(7), are intended for direct reception by the general 
public.  For the purposes of this definition, the term direct 
reception shall encompass both individual reception and community 
reception.).  See also 47 C.F.R. §§ 25.148 (Licensing provisions 
for the DBS Service), 25.202(a)(7) (listing frequencies available 
for use by the DBS service).  Sections 25.148(f) and 25.215 of 
the Commission's rules address technical requirements for the DBS 
service and its space stations, respectively.  See 47 C.F.R. §§ 
25.148(f), 25.215.
147 Our rules do not define HSD.  The HSD service uses Fixed-
Satellite Service (FSS) space stations, while the DBS service 
uses both DBS and FSS space stations.  See 47 C.F.R. § 25.201 
(defining fixed satellite services as a radiocommunication 
service between earth stations at given positions, when one or 
more satellites are used; the given position may be a specified 
fixed point or any fixed point within specified areas; in some 
cases this service includes satellite-to-satellite links, which 
may also be operated in the inter-satellite service; the fixed-
satellite service may also include feeder links of other space 
radiocommunication services).  See infra note 190 for more 
information regarding HSD.
148 47 C.F.R. §§ 11.11(e) (``Organizations using other 
communications systems or technologies such as, Direct Broadcast 
Satellite (DBS)...may join the EAS on a voluntary basis by 
contacting the FCC.  Organizations that choose to voluntarily 
participate must comply with the requirements of this part.''), 
11.43 (``Entities that wish to voluntarily participate in the 
national level EAS may submit a written request to the Director, 
Office of Homeland Security, Enforcement Bureau.''), 11.47(b) 
(``Other technologies and public service providers, such as 
DBS...that wish to participate in the EAS may contact the FCC's 
Office of Homeland Security, Enforcement Bureau, or their State 
Emergency Communications Committee for information and 
guidance.'').
149 See generally First Report and Order, 10 FCC Rcd 1786.  
150 47 C.F.R. § 25.701(a).  
151 Id.  
152 Under this approach, however, the DTH-FSS licensee will have 
the ability to delegate its responsibilities to such video 
programming distributors.  Thus, compliance with EAS requirements 
may be established based upon a certification from a distributor 
that expressly states that the distributor has complied with the 
EAS obligations.  Because we believe that it is appropriate for a 
DTH-FSS licensee to rely on the accuracy of certifications by 
program distributors offering DTH-FSS service, licensees will not 
be required to verify compliance by distributors unless there is 
evidence that the distributor has not met its obligation.  If a 
satellite licensee has reason to believe that its customer-
program distributor is not complying with these rules or has 
falsely certified compliance, the licensee should report the 
situation to the Commission for appropriate action.  We believe 
that under this scheme, placing the ultimate compliance 
responsibility on the satellite licensees is not unduly 
burdensome, as certification requirements can be included in 
satellite carriage and leasing contracts.  For reasons 
articulated in connection with use of a similar approach for DBS 
public interest obligations, we believe this approach will ensure 
implementation of EAS obligations without proving unduly 
burdensome.  Cf. Implementation of Section 25 of the Cable 
Television Consumer Protection and Competition Act of 1992, 
Direct Broadcast Satellite Public Interest Obligations, Report 
and Order, MM Docket 93-25, 13 FCC Rcd 23254, 23264, para. 25 
(1998), reconsideration granted in part, denied in part, 19 FCC 
Rcd 5647, 5650-54 (2004) (adopting a certification process for 
this purpose).  We also note that some DBS providers are 
beginning to use the Ka band FSS to transmit video programming 
directly to consumers.  Few consumers currently receive Ka band 
transmissions and most of the programming through Ka band FSS 
involves "local-into-local" broadcast television stations that 
are already required to participate in the EAS.  Thus, we do not 
see any need to expand the definition of DBS provider to include 
the Ka band at this time.  However, if it appears in the future 
that the Ka band is being used by DBS operators for programming 
other than local broadcast television signals, we will revisit 
this decision.
153 Currently, DIRECTV, Inc. and DISH Network, a division of 
EchoStar Satellite, L.L.C., are two of the major providers of 
satellite television.
154 See infra Appendix C.
155 Id.
156 Id.
157 EAS NPRM, 19 FCC Rcd at 15786, para. 29.
158 A satellite carrier provides "local-into-local" satellite 
service when it retransmits a local television signal back into 
the local market of that television station for reception by 
subscribers.  See 47 C.F.R. § 76.66(a)(6).
159 EAS NPRM, 19 FCC Rcd at 15786, para. 29.
160 Id.
161 Id.
162 Id.
163 See infra Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(j), 
11.54(b)(2).
164 DTH satellite service providers must ensure that their EAS 
equipment is fully compliant with Part 11, including sections 
dealing specifically with EAS equipment.  See infra Appendix B, 
47 C.F.R. §§ 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c).
165 See infra Appendix B, 47 C.F.R. §§ 11.35(a), 11.54(b)(1).
166 See infra Appendix B, 47 C.F.R. § 11.61(a).
167 See generally SBCA Comments (objecting to national, state, 
and local participation); EchoStar Satellite, LLC (EchoStar) 
Reply Comments (objecting to mandatory state and local 
participation); DIRECTV Ex Parte Comments at 2 (filed October 20, 
2005) (stating that achieving the ability to deliver national EAS 
messages would require a substantial investment of time and money 
and noting that any obligation to carry EAS messages on a state 
or local basis would be highly problematic, assuming the 
technological and managerial challenges could actually be 
overcome).  
168 See SBCA Comments at 3, 4 (stating that ``DBS operators 
could, with sufficient lead time, participate in the national EAS 
system, although in a manner that would look very different than 
the EAS message formats currently prescribed for cable operators 
and broadcasters.  But that such participation would entail 
technical and operational difficulties - including potential 
interference with more useful local broadcast EAS 
information.'').  
169 See DIRECTV Ex Parte Comments at 2-3. 
170 ABA/ASECC Comments at 2; Charter Communications, Inc. 
(Charter) Comments at 10; Dan Rau (Rau) Comments at 11; Douglas 
S. Simar (Simar) Comments at 2; Developers Comments at 8-9; 
Entergy Comments at 2-3; Municipalities and Municipal 
Organizations (Municipalities) Comments at 2; NAB/MSTV Comments 
at 16-17; Newell Comments at 4; North Carolina State Emergency 
Communications Committee (NC SECC) Comments at 5; Ohio EMA 
Comments at 3; SBE Comments at 19-20; Timm Comments at 4, 6.
171 See SBCA Comments at 2, 5; EchoStar Reply Comments at 4.  
172 See infra Appendix C.
173 As noted above (see supra, Section III.C), Congress 
explained, in legislative history enacting section 624(g) of the 
Cable Act,  ``. . . [t]he Committee believes that emergency 
information should be accessible to all television viewers, 
regardless of the distribution medium in use.  The Committee 
believes that it is appropriate for cable operators to 
participate in EBS because cable television has become the 
predominant model of distribution of video programming for 
American households.''  H.R. Rep. No. 102-628-, H.R. Rep. No. 
628, 102d Cong., 2d Sess. 1992, at 110.  Since the Cable Act of 
1992, DTH satellite service has joined cable to become one of the 
predominant methods of distribution of video programming to 
American households.
174 See infra Appendix B, 47 C.F.R. § 11.55(a)(1).
175 Section 338 of the Act requires satellite carriers to carry, 
upon request, all local television broadcast stations' signals in 
local markets in which the satellite carrier carries at least one 
local television broadcast signal pursuant to the statutory 
copyright license.  See 47 U.S.C. § 338.  Section 338 was adopted 
as part of the Satellite Home Viewer Improvement Act of 1999 
(SHVIA).  Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 
1501A-545 (Nov. 29, 1999).  Under the Commission's broadcast 
signal carriage rules, each satellite carrier providing local-
into-local service pursuant to the statutory copyright license is 
generally obligated to carry any qualified local television 
station in the particular designated market area (DMA) that has 
made a timely election for mandatory carriage, unless the 
station's programming is duplicative of the programming of 
another station carried by the carrier in the DMA.  See 47 C.F.R. 
§ 76.66; see also Implementation of Section 207 of The Satellite 
Home Viewer Extension And Reauthorization Act Of 2004, Reciprocal 
Bargaining Obligation, MB Docket No. 05-89, FCC 05-119 (rel. Jun. 
7, 2005); Implementation of Section 207 of The Satellite Home 
Viewer Improvement Act Of 1999, Broadcast Signal Carriage Issues, 
Retransmission Consent Issues, 16 FCC Rcd 1918, 1934 (2000) (DBS 
Mandatory Carriage Report and Order) (adopting satellite carriage 
rules), recon., 16 FCC Rcd 16544 (2001) (DBS Mandatory Carriage 
Reconsideration Order) (affirming and clarifying satellite 
carriage rules).  A DMA is a geographic area that describes each 
television market exclusive of others, based on measured viewing 
patterns.  See 17 U.S.C. § 122(j)(2)(A)-(C).  
176 See infra Appendix B, 47 C.F.R. § 11.55(a)(2). 
177 See SBCA Comments at 3, EchoStar Reply Comments at 2-4, 
DIRECTV Ex Parte Comments at 2.  
178 See Ohio EMA Comments at 3 (urging the Commission to allow 
ample time for the migration of new set-top technology and to 
propose an interim solution to providers until upgrades can be 
accomplished).
179 See infra Appendix B, 47 C.F.R. § 11.51(j)(3).
180 SBCA Comments at 5 (noting that DBS providers pass through 
all EAS information as part of their local-into-local 
retransmissions and stating that, therefore, the Commission could 
limit DBS participation in EAS activations to dissemination of 
alerts on nationally distributed channels such as ESPN or HGTV).
181 See DIRECTV Ex Parte Comments at 2.  DIRECTV makes this 
estimate ``assuming, of course, that a companion system is 
devised to deliver the national EAS message to DBS operators.''  
As noted above, DBS providers must locate equipment capable of 
encoding and decoding the EAS protocol and generating and 
detecting all EAS codes and must also monitor two EAS sources.  
182 See infra Appendix B, 47 C.F.R. § 11.11(a).  
183 See infra Appendix B, 47 C.F.R. § 11.61.
184 See Ohio EMA Comments at 3, 5 (asserting that DBS providers 
should be required to participate in EAS and that all EAS 
participants should be subject to the same testing requirements 
at the national, state, and local levels); SBE Comments at 20 
(asserting that DBS providers should conduct national testing on 
a periodic basis).  
185 See infra Appendix B, 47 C.F.R. § 11.61(a)(1)(ii).
186 Id. 
187 Id.
188 See infra Appendix B, 47 C.F.R. § 11.61(a)(2)(ii).
189 See infra Appendix C.  
190 Satellite television signals receivable by HSD receivers 
include both non-encrypted, free-to-air signals, and encrypted 
signals that require a receiver with an authorized decryption 
device to receive them.  Many HSD antennas are capable of being 
pointed to all of the satellites that are above the horizon at 
the user's location.  These satellites are operated by a number 
of FCC space station licensees that sell or lease satellite 
transponders to the various programmers providing the signals.  
The free-to-air program providers include such national providers 
as Bloomberg TV, C-SPAN, Fox News Channel, CNBC, NASA TV, and 
Voice of America.  These national providers are not necessarily 
FCC licensees, as they may obtain satellite uplink facility 
services and transponder services from other entities.  Other 
free-to-air providers include a number of local broadcast 
stations that will transmit the national EAS message and the 
regional and local EAS messages for their area.  The free-to-air 
providers have no way of knowing the locations of all of the HSD 
viewers that may be watching their programming at any given time, 
and therefore could not be expected to transmit regional and 
local messages appropriate to all of their viewers.
191 Section 11.41 is amended by deleting the last sentence "They 
should contact the FCC to ensure that they are on the FCC EAS 
mailing list."  We no longer maintain a mailing list.  
192 See infra Appendix B, 47 C.F.R. § 11.41(c).
193 See infra Appendix B, 47 C.F.R. § 11.52(b).
194 See 47 C.F.R. § 11.53(c).
195 See infra Appendix B, 47 C.F.R. § 11.53(c).
196 See infra Appendix B, 47 C.F.R. § 11.54(b)(13); see also 47 
C.F.R. § 76.1711.
197 See e.g., Liberty Comments at 1.
198 WTOP/WXTR Comments at 9-10.
199 See e.g., Cox Comments at 2-3 (current EAS infrastructure is 
a product of years of development and provides an excellent 
framework for transmitting EAS alerts to the pubic.  The current 
system should be improved while taking advantage of technological 
advances).
200 Association of Public Television Stations (APTS) Comments at 
5-6.
201 National Center for Missing & Exploited Children (NCMEC) 
Comments at 11.
202 LogicaCMG plc (LogicaCMG) Comments at 15; NAB/MSTV Comments 
at 15-16; National Association of State Chief Information 
Officers (NASCIO) Comments at 3-4; RERC Comments at 9; SWN 
Communications, Inc. (SWN) Comments at 2; Timm Comments at 7; 
Trilithic, Inc. (Trilithic) Comments at 4; Cellular Emergency 
Alert Systems Association (CEASA) Reply Comments at 3-4.
203 SWN Comments at 2.
204 Sirius Comments at 3; XM Comments at 12; Echostar Reply 
Comments at 1-4.
205 See, e.g., LogicaCMG Comments at 2, 7-8.
206 See, e.g., Cellular Telecommunications & Internet Association 
(CTIA) Comments at 5, 8.
207 See Verizon News Release, Verizon FiOS TV Will Offer a New 
Customer Experience, Seidenberg Says (April 18, 2005).  
208 Linda K. Moore and Shawn Reese, Emergency Communications: The 
Emergency Alert System (EAS) and All-Hazard Warnings, 
Congressional Research Service, The Library of Congress, CRS 
Report for Congress, at CRS-9-12 (updated Sept. 2, 2005), 
available at 
http://www.uscongress.com/section/pdf/CRSRL32527_9_11.pdf (last 
visited Sept. 21, 2005).
209 EAS NPRM, 19 FCC Rcd at 15784, para. 25.
210 Summary Health Statistics for U.S. Adults: National Health 
Interview Survey 2002, U.S. Department of Health and Human 
Services, Centers for Disease Control and Prevention, National 
Center for Health Statistics, available at 
http://www.cdc.gov/nchs/fastats/disable.htm.
211 EAS NPRM, 19 FCC Rcd at 15790, para. 38.
212 47 C.F.R. §§ 11.54(b)(5)-(6), 11.55(c)(4).  See also 47 
C.F.R. § 73.1250(h) (``...[W]hen an emergency operation is being 
conducted under a national, State or Local Area Emergency Alert 
System (EAS) plan, emergency information shall be transmitted 
both aurally and visually unless only the EAS codes are 
transmitted as specified in § 11.51(b) of this chapter.'').  If 
organizations using other communications systems or technologies 
choose to participate in national, state, or local EAS 
activations, they must comply with the Commission's EAS rules, 
including the rules requiring that EAS warnings be provided in 
both aural and visual formats.  See 47 C.F.R. § 11.11(e).
213 47 C.F.R. § 11.51(d), (g)(3), (h)(3); see also 47 C.F.R. 
§ 11.31(c) (providing the elements of the EAS header code).  The 
Emergency Alert System Handbooks for television broadcasters and 
cable systems state that these entities must visually and aurally 
transmit header code data.
214 47 C.F.R. §§ 11.31(a), 11.51(a).  The modulation levels for 
the audio Attention Signal must comply with the aural signal 
requirements in Section 76.605 of the Commission's rules.  47 
C.F.R. § 11.51 (g)(1), (h)(1); see generally 47 C.F.R. § 76.605.  
215 See 47 C.F.R. § 79.1(a)(2) (defining ``video programming 
distributors,'' as ``[a]ny television broadcast station licensed 
by the Commission and any multichannel video programming 
distributor as defined in § 76.1000(e) of this chapter, and any 
other distributor of video programming for residential reception 
that delivers such programming directly to the home and is 
subject to the jurisdiction of the Commission'').  See also 47 
C.F.R. § 76.1000(e) (defining ``multichannel video programming 
distributor'' as ``an entity engaged in the business of making 
available for purchase, by subscribers or customers, multiple 
channels of video programming.  Such entities include, but are 
not limited to, a cable operator, a multichannel multipoint 
distribution service, a direct broadcast satellite service, a 
television receive-only satellite program distributor, and a 
satellite master antenna television system operator, as well as 
buying groups or agents of all such entities'').
216 47 C.F.R. § 79.2(b)(1)(i); see also 47 C.F.R. § 79.1(a)(4) 
(defining closed captioning as the ``visual display of the audio 
portion of video programming'').  Several proceedings have 
further clarified captioning and other methods of visual 
presentation, using examples including, but not limited to, open 
captioning, crawls, scrolls, maps, signs, charts, or handwritten 
information contained on a white board.  See Amendment of Part 73 
of the Rules to Establish Requirements for Captioning of 
Emergency Messages on Television, Report and Order, Docket No. 
20659, 61 FCC 2d 18, paras. 9, 11, Appendix B (1976) (1976 Order) 
(visual presentations include, but are not limited to, slides 
containing manual methods such as hand printing or mechanical 
printing processes, or electronic captioning); Closed Captioning 
and Video Description of Video Programming, Implementation of 
Section 305 of the Telecommunications Act of 1996, Video 
Programming Accessibility, Report and Order, MM Docket No. 95-
176, 13 FCC Rcd 3272 (1997) (Closed Captioning Report and Order) 
(adopting closed captioning rules codified in section 79.1), 
recon., 13 FCC Rcd 19973 (1998) (Closed Captioning 
Reconsideration Order); Closed Captioning and Video Description 
of Video Programming, Implementation of Section 305 of the 
Telecommunications Act of 1996, Accessibility of Emergency 
Programming, Second Report and Order, MM Docket No. 95-176, 15 
FCC Rcd 6615 (2000) (Closed Captioning Second Report and Order) 
(adopting rule codified in section 79.2 requiring emergency 
information be made accessible to persons with hearing 
disabilities).  See also Waterman Broadcasting Corp. of Florida, 
Inc., Licensee of WBBH-TV, Fort Myers-Naples, FL, Montclair 
Communications, Inc., Licensee of WZVN-TV, Fort Myers-Naples, FL, 
Notice of Apparent Liability for Forfeiture, DA 05-2258, para. 4 
(rel. Aug. 9, 2005); McGraw-Hill Broadcasting Company, Inc., 
Licensee of KGTV, San Diego, CA, Notice of Apparent Liability for 
Forfeiture, 20 FCC Rcd 3981, 3983, para. 6 (2005) (McGraw-Hill 
NAL).  
217 47 C.F.R. § 79.2(b)(1)(ii); see also Implementation of Video 
Description of Video Programming, Report and Order, MM Docket No. 
99-339, 15 FCC Rcd 15230, 15250-51, para. 50 (2000) (Video 
Description Report and Order) (extending section 79.2 to include 
provision that emergency information must be made accessible to 
persons with visual disabilities and adopting video description 
rules), modified by, Memorandum Opinion and Order on 
Reconsideration, 16 FCC Rcd 1251 (2001), (modifying video 
description rules contained in section 79.3), vacated in part and 
reversed in part by, Motion Picture Association of America v. 
FCC, 309 F.3d 796, 798-99 (D.C. Cir. 2002) (holding that the 
Commission's video description rules significantly implicated 
program content beyond the Commission's statutory authority), 
rehearing and rehearing in banc denied (D.C. Cir. 2003).  
Although the video description rules contained in section 79.3 
have been vacated, video programming distributors are still 
required, under section 79.2(b)(1), to make emergency information 
accessible to persons with visual disabilities.  See 47 C.F.R. § 
79.2(b)(1).  Section 713 of the Act defines ``video description'' 
as ``the insertion of audio narrated descriptions of a television 
program's key visual elements into natural pauses between the 
program's dialogue.''  47 U.S.C. § 613(g).  Video programming 
distributors may use this definition as guidance in meeting the 
requirements of section 79.2(b)(1)(ii).  See 47 C.F.R. § 
79.2(b)(1)(ii).  For example, if a map is displayed on the 
screen, the video programming distributor must provide an aural 
description of the geographic location encompassed by the map and 
any areas highlighted on the map in order to make the information 
accessible to persons with visual disabilities.  In addition, 
emergency information provided in the video portion of 
programming that is not a regularly scheduled newscast, or a 
newscast that interrupts regular programming, such as a ``crawl'' 
or ``scroll,'' must be accompanied by an aural tone to alert 
persons with vision disabilities that they should tune to another 
source, such as a radio, for more information.  See 47 C.F.R. § 
79.2(b)(1)(iii); see also Video Description Report and Order, 15 
FCC Rcd at 15251, para. 51.
218 Emergency situations in which the broadcasting of information 
is considered as furthering the safety of life and property 
include, but are not limited to, the following:  tornadoes, 
hurricanes, floods, tidal waves, earthquakes, icing conditions, 
heavy snows, widespread fires, discharge of toxic gasses, 
widespread power failures, industrial explosions, civil 
disorders, school closings and changes in school bus schedules 
resulting from such conditions, and warnings and watches of 
impending changes in weather.  See 47 C.F.R. §§ 73.1250(a), 
79.2(a)(2).   
219 See New Hampshire State Emergency Communications Committee 
(NH SECC) Comments at 6; Ohio EMA Comments at 4; SBE Reply 
Comments at 1 (arguing that there is a great disconnect between 
the generic information displayed on the crawl and the 
information contained in the audio portion of the EAS message).   
220 See SBE Reply Comments at 1.  
221 Video programming distributors that are EAS participants 
include, but are not limited to, broadcast television stations, 
cable systems, wireless cable systems and, as addressed in this 
Order, digital cable systems, DTV broadcasters and DBS providers.
222 Closed captions are visual text displays that are hidden in 
the video signal.  Viewers can access closed captions through 
their remote control or on-screen menu or through a special 
decoder.  See 47 C.F.R. § 79.1(a)(4) (defining closed 
captioning).  By contrast, access to open captions is not 
controlled by the viewer.  Open captions are an integral part of 
the television picture, like subtitles in a movie.  See Closed 
Captioning Second Report and Order, 15 FCC Rcd at 6618, n.19 
(describing open captions).  Crawls refers to text that advances 
very slowly across the bottom or top of the screen.  Scrolls are 
displayed text or graphics that move up and down the screen.
223 Id.  
224 We note that, as of January 1, 2006, all video programming 
distributors will be required to close caption 100 percent of new 
programming, subject to certain exceptions.  See 47 C.F.R. §§ 
79.1(b)(1), (b)(3), (d)-(f); see also 47 U.S.C. § 613.  
225 47 C.F.R. §§11.54(b)(7), 11.55(c)(4).
226 EAS NPRM, 19 FCC Rcd at 15790, para. 40.
227 Petition for Immediate Interim Relief filed by Independent 
Spanish Broadcasters Association, the Office of Communications of 
the United Church of Christ, Inc., and the Minority Media and 
Telecommunications Council filed September 22, 2005.
228 See e.g., Comments in Response to Petition for Immediate 
Interim Relief, filed by National Association of Broadcasters on 
October 4, 2005; Reply Comments of Consumers Union filed October 
20, 2005.
229 47 C.F.R. §§ 1.200 et seq.
230 See 47 C.F.R. § 1.1206(b)(2).
231 See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. §§ 601-612, has 
been amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 
Stat. 857 (1996).
232 See Review of the Emergency Alert System, Notice of Proposed 
Rulemaking, EB Docket No. 04-296, 19 FCC Rcd 15775, Appendix A 
(2004) (EAS NPRM).  
233 5 U.S.C. § 604(a)(3).
234 5 U.S.C. § 601(6).
235 5 U.S.C. § 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 
U.S.C. § 632).  Pursuant to 5 U.S.C. § 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, 
establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.''  5 U.S.C. § 601(3).
236 15 U.S.C. § 632.
237 5 U.S.C. § 601(4).
238 Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002). 
239 5 U.S.C. § 601(5). 
240 U.S. Census Bureau, Statistical Abstract of the United 
States: 2000, Section 9, pages 299-300, Tables 490 and 492.  
241 See SBA, Programs and Services, SBA Pamphlet No. CO-0028, 40 
(Jul. 2002).
242 13 C.F.R. § 121.201, North American Industry Classification 
System (NAICS) code 515120.
243 Office of Management and Budget, North American Industry 
Classification System:  United States, 1997, at 509 (1997).  This 
category description continues, ``These establishments operate 
television broadcasting studios and facilities for the 
programming and transmission of programs to the public.  These 
establishments also produce or transmit visual programming to 
affiliated broadcast television stations, which in turn broadcast 
the programs to the public on a predetermined schedule.  
Programming may originate in their own studios, from an 
affiliated network, or from external sources.''  Separate census 
categories pertain to businesses primarily engaged in producing 
programming.  Id. at 502-05, NAICS code 512120, Motion Picture 
and Video Production; NAICS code 512120, Motion Picture and Video 
Distribution; NAICS code 512191, Teleproduction and Other Post-
Production Services; and NAICS code 512199, Other Motion Picture 
and Video Industries. 
244 ``Concerns are affiliates of each other when one concern 
controls or has the power to control the other or a third party 
or parties controls or has to power to control both.''  13 C.F.R. 
§ 121.103(a)(1).
245 ``SBA counts the receipts or employees of the concern whose 
size is at issue and those of all its domestic concern's size.''  
13 C.F.R. § 121.103(a)(4).
246 Broadcast Station Totals as of September 30, 2002, FCC News 
Release (rel. Nov. 6, 2002).
247 See 13 C.F.R. § 121.201, NAICS code 515112 (changed from 
513112 in October 2002).
248 Id.
249 Id.
250 Id.
251 Id.
252 13 C.F.R. § 121.201, NAICS code 517510 (formerly 513220).
253 U.S. Census Bureau, 1997 Economic Census, Subject Series:  
Information, Establishment and Firm Size (including Legal Form of 
Organization), Table 4, NAICS code 513220 (issued Oct. 2000). 
254 Id.
255 See U.S. Census Bureau, 2002 Economic Census, Industry 
Series:  ``Information,'' Table 2, Comparative Statistics for the 
United States (1997 NAICS Basis):  2002 and 1997, NAICS code 
513220 (issued Nov. 2004).  The preliminary data indicate that 
the total number of ``establishments'' increased from 4,185 to 
6,118.  In this context, the number of establishments is a less 
helpful indicator of small business prevalence than is the number 
of ``firms,'' because the latter number takes into account the 
concept of common ownership or control.  The more helpful 2002 
census data on firms, including employment and receipts numbers, 
will be issued in late 2005.
256 47 C.F.R. § 76.901(e).  The Commission developed this 
definition based on its determination that a small cable system 
operator is one with annual revenues of $100 million or less.  
Implementation of Sections of the 1992 Cable Act:  Rate 
Regulation, Sixth Report and Order and Eleventh Order on 
Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR 10534 (February 
27, 1995).
257 Paul Kagan Associates, Inc., Cable TV Investor, February 29, 
1996 (based on figures for December 30, 1995).
258 47 U.S.C. § 543(m)(2).
259 See FCC Announces New Subscriber Count for the Definition of 
Small Cable Operator, Public Notice, DA 01-158, 16 FCC Rcd 2225 
(Jan. 24, 2001).
260 47 C.F.R. § 76.901(f).
261 See FCC Announces New Subscriber Count for the Definition of 
Small Cable Operators, Public Notice, DA 01-158, 16 FCC Rcd 2225 
(rel. Jan. 24, 2001).
262 The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise 
authority's finding that the operator does not qualify as a small 
cable operator pursuant to section 76.901(f) of the Commission's 
rules.  See 47 C.F.R. § 76.909(b).
263 47 C.F.R. § 21.961(b)(1).
264 See Amendment of Parts 21 and 74 of the Commission's Rules 
With Regard to Filing Procedures in the Multipoint Distribution 
Service and in the Instructional Television Fixed Service and 
Implementation of Section 309(j) of the Communications Act - 
Competitive Bidding, MM Docket No. 94-131 and PP Docket No. 93-
253, Report and Order, 10 FCC Rcd 9589 (1995).
265 13 C.F.R. § 121.201, NAICS code 515210.
266 See supra note 25.
267 13 C.F.R. § 121.201, NAICS code 515210.
268 5 U.S.C. § 601(3).
269 13 C.F.R. § 121.201, NAICS codes 517410 and 517910.
270 U.S. Census Bureau, 1997 Economic Census, Subject Series:  
Information, Establishment and Firm Size (Including Legal Form of 
Organization), Table 4, NAICS code 513340 (issued Oct. 2000).
271 Office of Management and Budget, North American Industry 
Classification System, 513 (1997) (NAICS code 513390, changed to 
517910 in Oct. 2002).
272 See supra Order at para. 21.  
273 Id. at para. 23.
274 Id at para. 30.
275 Id. at para. 32.  
276 Id. at para. 36.  
277 Id. 
278 Id. at para. 43. 
279 Id. at para. 53.
280 See 47 C.F.R. § 25.701(a).  For purposes of this Order we use 
the definition of DBS providers set forth in this section of our 
rules.  Accordingly, DBS providers include:  (1) entities 
licensed to operate satellites in the 12.2 to 12.7 GHz DBS 
frequency bands; (2) entities licensed to operate satellites in 
the Ku band fixed satellite service (FSS) and that sell or lease 
capacity to a video programming distributor that offers service 
directly to consumers providing a sufficient number of channels 
so that four percent of the total applicable programming channels 
yields a set aside of at least one channel of non commercial 
programming pursuant to section 25.701(e) of the Commission's 
rules, or (3) non U.S. licensed satellite operators in the Ku 
band that offer video programming directly to consumers in the 
United States pursuant to an earth station license issued under 
part 25 of this title and that offer a sufficient number of 
channels to consumers so that four percent of the total 
applicable programming channels yields a set aside of one channel 
of non commercial programming pursuant to section 25.701(e) of 
the Commission's rules.  See 47 C.F.R. § 25.701(a).
281 See SBCA Comments at 3-4 (stating that ``DBS operators could, 
with sufficient lead time, participate in the national EAS 
system, although in a manner that would look very different than 
the EAS message formats currently prescribed for cable operators 
and broadcasters.  But that such participation would entail 
technical and operational difficulties - including potential 
interference with more useful local broadcast EAS 
information.'').  
282 DIRECTV Ex Parte Comments at 2-3.
283 See supra Appendix B, 47 C.F.R. § 11.55(a)(2). 
284 5 U.S.C. § 603(c)(1) - (c)(4).
285 See EAS NPRM, 19 FCC Rcd at 15776, para. 4. 
286 See 5 U.S.C. § 801(a)(1)(A).
287 See 5 U.S.C. § 604(b).
288 See 5 U.S.C. § 603.  The RFA, see 5 U.S.C. §§ 601-612, has 
been amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 
Stat. 857 (1996).
289 See 5 U.S.C. § 603(a).
290 Id.
291 5 U.S.C. § 604(a)(3).
292 5 U.S.C. § 601(6).
293 5 U.S.C. § 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 
U.S.C. § 632).  Pursuant to 5 U.S.C. § 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, 
establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.''  5 U.S.C. § 601(3).
294 15 U.S.C. § 632.
295 5 U.S.C. § 601(4).
296 Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002). 
297 5 U.S.C. § 601(5). 
298 U.S. Census Bureau, Statistical Abstract of the United 
States: 2000, Section 9, pages 299-300, Tables 490 and 492.  
299 See SBA, Programs and Services, SBA Pamphlet No. CO-0028, 40 
(Jul. 2002).
300 13 C.F.R. § 121.201, North American Industry Classification 
System (NAICS) code 515120.
301 Office of Management and Budget, North American Industry 
Classification System:  United States, at 509 (1997).  This 
category description continues, ``These establishments operate 
television broadcasting studios and facilities for the 
programming and transmission of programs to the public.  These 
establishments also produce or transmit visual programming to 
affiliated broadcast television stations, which in turn broadcast 
the programs to the public on a predetermined schedule.  
Programming may originate in their own studios, from an 
affiliated network, or from external sources.''  Separate census 
categories pertain to businesses primarily engaged in producing 
programming.  Id. at 502-05, NAICS code 512120, Motion Picture 
and Video Production; NAICS code 512120, Motion Picture and Video 
Distribution; NAICS code 512191, Teleproduction and Other Post-
Production Services; and NAICS code 512199, Other Motion Picture 
and Video Industries. 
302 ``Concerns are affiliates of each other when one concern 
controls or has the power to control the other or a third party 
or parties controls or has to power to control both.''  13 C.F.R. 
§ 121.103(a)(1).
303 ``SBA counts the receipts or employees of the concern whose 
size is at issue and those of all its domestic concern's size.''  
13 C.F.R. § 121.103(a)(4).
304 Broadcast Station Totals as of September 30, 2002, FCC News 
Release (rel. Nov. 6, 2002).
305 See 13 C.F.R. § 121.201, NAICS code 515112 (changed from 
513112 in Oct. 2002).
306 Id.
307 Id.
308 Id.
309 Id.
310 13 C.F.R. § 121.201, NAICS code 517510 (formerly 513220).
311 U.S. Census Bureau, 1997 Economic Census, Subject Series:  
Information, Establishment and Firm Size (including Legal Form of 
Organization), Table 4, NAICS code 513220 (issued Oct. 2000).
312 Id.
313 See U.S. Census Bureau, 2002 Economic Census, Industry 
Series:  Information, Table 2, Comparative Statistics for the 
United States (1997 NAICS Basis):  2002 and 1997, NAICS code 
513220 (issued Nov. 2004).  The preliminary data indicate that 
the total number of ``establishments'' increased from 4,185 to 
6,118.  In this context, the number of establishments is a less 
helpful indicator of small business prevalence than is the number 
of ``firms,'' because the latter number takes into account the 
concept of common ownership or control.  The more helpful 2002 
census data on firms, including employment and receipts numbers, 
will be issued in late 2005.
314 47 C.F.R. § 76.901(e).  The Commission developed this 
definition based on its determination that a small cable system 
operator is one with annual revenues of $100 million or less.  
Implementation of Sections of the 1992 Cable Act:  Rate 
Regulation, Sixth Report and Order and Eleventh Order on 
Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR 10534 (February 
27, 1995).
315 Paul Kagan Associates, Inc., Cable TV Investor, February 29, 
1996 (based on figures for December 30, 1995).
316 47 U.S.C. § 543(m)(2).
317 See FCC Announces New Subscriber Count for the Definition of 
Small Cable Operator, Public Notice, DA 01-158, 16 FCC Rcd 2225 
(rel. Jan. 24, 2001).
318 47 C.F.R. § 76.901(f).
319 See FCC Announces New Subscriber Count for the Definition of 
Small Cable Operators, Public Notice, DA 01-158, 16 FCC Rcd 2225 
(rel. Jan. 24, 2001).
320 The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise 
authority's finding that the operator does not qualify as a small 
cable operator pursuant to section 76.901(f) of the Commission's 
rules.  See 47 C.F.R. § 76.909(b).
321 47 C.F.R. § 21.961(b)(1).
322 See Amendment of Parts 21 and 74 of the Commission's Rules 
With Regard to Filing Procedures in the Multipoint Distribution 
Service and in the Instructional Television Fixed Service and 
Implementation of Section 309(j) of the Communications Act - 
Competitive Bidding, MM Docket No. 94-131 and PP Docket No. 93-
253, Report and Order, 10 FCC Rcd 9589 (1995).
323 13 C.F.R. § 121.201, NAICS code 515210.
324 See supra note 26.
325 13 C.F.R. § 121.201, NAICS code 515210.
326 5 U.S.C. § 601(3).
327 13 C.F.R. § 121.201, NAICS code 517211.
328 13 C.F.R. § 121.201, NAICS code 517212.
329 FCC, Wireline Competition Bureau, Industry Analysis and 
Technology Division, Trends in Telephone Service at Table 5.3 
(June 2005) (Trends in Telephone Service).  This source uses data 
that are current as of October 1, 2004.
330 Id. Table 5.3, page 5-5.  
331 See Amendment of Parts 20 and 24 of the Commission's Rules - 
Broadband PCS Competitive Bidding and the Commercial Mobile Radio 
Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, 
paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 
C.F.R. § 24.720(b). 
332 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 
60. 
333 See Letter to Amy Zoslov, Chief, Auctions and Industry 
Analysis Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, from Aida Alvarez, Administrator, 
Small Business Administration, dated December 2, 1998. 
334 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 
71744 (rel. Jan. 14, 1997). 
335 See C, D, E, and F Block Broadband PCS Auction Closes, Public 
Notice, 14 FCC Rcd 6688 (WTB 1999). 
336 See C and F Block Broadband PCS Auction Closes; Winning 
Bidders Announced, Public Notice, 16 FCC Rcd 2339 (2001). 
337  In addition, we note that, as a general matter, the number 
of winning bidders that qualify as small businesses at the close 
of an auction does not necessarily represent the number of small 
businesses currently in service.  Also, the Commission does not 
generally track subsequent business size unless, in the context 
of assignments or transfers, unjust enrichment issues are 
implicated.
338 15 U.S.C. § 632.
339 Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, 
to William E. Kennard, Chairman, FCC (May 27, 1999).  The Small 
Business Act contains a definition of ``small-business concern,'' 
which the RFA incorporates into its own definition of ``small 
business.''  See 15 U.S.C. § 632(a) (Small Business Act); 5 
U.S.C. § 601(3) (RFA).  SBA regulations interpret ``small 
business concern'' to include the concept of dominance on a 
national basis.  See 13 C.F.R. § 121.102(b).
340 13 C.F.R. § 121.201, NAICS code 517110.
341 Trends in Telephone Service, Table 5.3.
342 13 C.F.R. § 121.201, NAICS code 517110.
343 Trends in Telephone Service, Table 5.3.
344 13 C.F.R. § 121.201, NAICS codes 517410 and 517910.
345 U.S. Census Bureau, 1997 Economic Census, Subject Series:  
Information, Establishment and Firm Size (Including Legal Form of 
Organization), Table 4, NAICS code 513340 (issued Oct. 2000).
346 Office of Management and Budget, North American Industry 
Classification System, 513 (1997) (NAICS code 513390, changed to 
517910 in Oct. 2002).
347 See, e.g., supra Further Notice, at para. 72.
348 5 U.S.C. § 603(c)(1) - (c)(4).
349 See supra Order, at paras. 74-80.