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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Amendment of Part 11 of the Commission's Rules )
EB Docket No. 04-51
Regarding the Emergency Alert System ) RM 10619
)
REPORT AND ORDER
Adopted: January 28, 2005 Released: February
7, 2005
By the Commission:
I. INTRODUCTION
1. In this Report and Order, the Federal
Communications Commission (Commission) adopts revisions to
the Part 11 rules governing the Emergency Alert System
(EAS)1 that will allow wireless cable television systems to
provide EAS alerts to their subscribers in a more efficient
and less burdensome manner.2 Specifically, wireless cable
system operators will now be able to install equipment that
provides a means to switch all programmed channels to a
predesignated channel that carries an EAS alert in lieu of
installing an EAS decoder for each and every system channel.
Accordingly, upon receipt of an EAS alert, subscribers'
equipment will automatically be tuned to the channel
carrying the EAS message.3
II. BACKGROUND
2. The EAS affords national, state and local
authorities the capability to provide emergency
communications and information to the general public via
broadcast stations, cable systems, and wireless cable
systems.4 Participation in national EAS alerts is
mandatory, whereas participation in state and local area EAS
activations is voluntary.5 The Cable Act of 1992 added new
Section 624(g) to the Communications Act of 1934 (Act),
which requires that cable systems be capable of providing
EAS alerts to their subscribers.6 In 1994, the Commission
adopted rules to implement the statutory mandate and
required all cable systems to carry EAS messages on all
programmed channels.7 In 1997, the Commission revised these
rules to accommodate the special needs of smaller cable
systems by allowing systems that serve fewer than 5,000
subscribers either to provide the national level EAS message
on all programmed channels or to install EAS equipment and
provide a video interrupt and audio alert on all programmed
channels and EAS audio and video messages on at least one
programmed channel. By that same action the Commission
included wireless cable systems in this requirement, with
the qualified support of that industry.8
3. On September 9, 2002, W.A.T.C.H. TV and its
corporate parent, the Benton Ridge Telephone Company
(collectively ``W.A.T.C.H. TV'') filed a request for waiver
of Part 11 of the Commission's rules to allow W.A.T.C.H. TV
to connect the video/audio output of its EAS equipment to
one of W.A.T.C.H. TV's channels, rather than requiring
W.A.T.C.H. TV to insert the EAS feed into each of its 128
digital satellite feeds. Upon receipt of an EAS alert,
W.A.T.C.H. TV would then ``force tune'' its subscribers to
the EAS alert by sending a signal to its subscribers'
wireless cable equipment to automatically tune to the
channel carrying the EAS message.9 On September, 27, 2002,
the former Technical and Public Safety Division of the
Commission's Enforcement Bureau released an Order denying
the request. The Division concluded, in part, that the
request sought a permanent rule change, which could not be
granted by waiver, and noted that the proper procedure for
the W.A.T.C.H. TV request would be a petition for a
rulemaking. The Order did grant W.A.T.C.H. TV a thirty day
waiver that, upon the filing of such a petition, would be
extended until either the effective date of a rule change,
or a Commission decision declining to adopt any such
change.10
4. On October 31, 2002, the WCA, on behalf of
W.A.T.C.H. TV and other wireless cable television systems,
filed a petition for rulemaking requesting the Commission to
revise its 1997 rules to allow wireless cable systems to
force tune subscriber equipment to a system channel
dedicated to EAS alerts and messages.11 According to WCA,
upon receipt of an EAS alert or message, wireless cable
systems using force tune technology could switch subscribers
from any programmed channel to a specific system channel
carrying the EAS message. WCA represented that modification
of the rules to allow use of this technology would provide
EAS notices to subscribers while relieving system operators
of substantial financial burdens. Subsequently, on December
18, 2002, the staff issued a public notice soliciting
comments on WCA's petition.12 Comments were filed by the
WCA and separately by REC Networks (REC). The WCA comments
provided clarification to its original proposal.13 The REC
comments endorsed the WCA proposal without making any new
requests or suggesting modification of the WCA proposal.14
5. On March 12, 2004, the Commission released a
Notice of Proposed Rulemaking (NPRM), proposing adoption of
the rules suggested in the WCA petition, as clarified,15 and
seeking comment on revisions to Part 11 of the Commission's
rules.16 Comments and replies were due May 10, 2004 and May
24, 2004, respectively.17 WCA and W.A.T.C.H. TV both
submitted comments in support of the proposed
modifications.18 W.A.T.C.H. TV, in its comments, noted that
it had successfully adopted force tuning subsequent to the
September 27 Order, and recommended a permanent rule
change.19 No comments opposed the suggested rule revision,
and no replies were submitted.
III. DISCUSSION
6. Our EAS rules are designed to ensure that
individual TV viewers, including viewers of wireless cable
TV systems, receive all national level EAS alerts, no matter
what channel the viewer may be watching. As these rules are
currently written, wireless cable providers serving more
than 5,000 subscribers are required to install special
equipment sufficient to display the audio and video EAS
message on every channel in their systems.20 Systems
serving fewer than 5,000 subscribers are required to display
the audio and video EAS message only on one channel, but
must provide a video interrupt and an audio alert on every
channel.21
7. WCA argued in its petition that our current rules
are unnecessarily burdensome and that force tuning would
allow wireless cable TV systems to supply EAS alerts more
efficiently.22 We are persuaded that under our current EAS
system requirements and given the current state of the
wireless cable industry, force-tuning presents an efficient
solution for wireless cable operators. As WCA pointed out,
EAS equipment provides outputs designed to be inserted into
analog signals.23 For wireless digital cable systems,
digital channels are received via a multiplexed digital
feed. To insert EAS information into each channel requires
specialized equipment to separate the digital feeds into
individual program streams, convert each program stream to
analog format, insert the EAS video/audio into each program
stream, re-encode the program stream to digital format, and
recombine all of the streams into multiplexed feeds for
further transmission to subscribers.24 For a 128 channel
digital system, WCA represented that a reasonable cost
estimate for this process is $1,848,250.00.25 In contrast,
by permitting a software-based force tune solution, the EAS
alert will still reach the viewer, but in a more technically
efficient and inexpensive manner. According to WCA, with
force tuning, the video/audio output of the EAS equipment
will be connected to an encoder for a channel selected to
carry EAS messages. Upon EAS activation, the EAS equipment
will send a trigger signal to the system headend which then
will forward the trigger to the subscriber's set-top box as
part of the control data included in every multiplexed
program stream transmitted by the system. The software in
the set-top box will recognize the trigger and force tune
the set-top box to the selected EAS message channel. WCA
represents that a reasonable cost estimate for this
alternative is $46,000.00 or about 2.5% of the cost of
channel by channel implementation.26 Further, as WCA
pointed out in its comments clarifying its petition, these
arguments would also apply to wireless cable systems that
are not fully digital.27
8. Our EAS rules were neither intended to require a
particular technical solution nor to impose an unnecessary
financial burden on participating cable providers. We
believe that WCA has demonstrated that such a burden exists
under the current rules for wireless cable operators, and
that a good technical alternative exists to minimize that
burden without harm to the public. As a result of these
modifications, a wireless cable operator would be able to
install EAS equipment for one channel only at the headend of
each of its systems, and in the event of an EAS alert,
automatically force each subscriber's equipment to tune to
the channel carrying the EAS alert. This would allow
wireless cable providers to deliver EAS alerts to all
viewers in a more technologically and economically efficient
manner. We believe these revisions would satisfy the
Communications Act's intent to provide national alert and
warning to the public, while reducing the regulatory burden
on wireless cable systems. We also note that W.A.T.C.H. TV,
a wireless cable system, has successfully deployed force
tuning in its system, and that no comments were filed
opposing this approach. Accordingly, we modify our EAS
rules to allow wireless cable TV systems to supply an EAS
alert to their viewers by force tuning their systems.28
Also, because the revisions we adopt today do not affect
wireless cable systems' EAS equipment, we adopt our
tentative conclusion that no new authorization standards for
such equipment are required.29
9. The Commission recently released an NPRM in which
we sought comment on whether EAS as currently constituted is
the most effective and efficient public warning system
available to the American public. 30 One of the primary
objectives of this NPRM is to determine whether there are
any specific steps the Commission may take to enhance the
effectiveness of EAS, particularly as regards digital,
wireless, and other emerging communications technologies.
Accordingly, regardless of the modifications made in this
Report and Order, wireless cable operators are still subject
to any future rulemaking proceedings. Nothing we do here
today affects the Commission's ability to adjust any of the
wireless cable requirements or impose other obligations on
wireless cable operators through general rulemaking
proceedings.
IV. CONCLUSION
10. Because the modifications to our EAS Rules will
contribute to an economically efficient and technologically
current public alert and warning system, in this Report and
Order, we adopt the proposed revisions to the EAS rules for
wireless cable operators, as set forth in Appendix A of this
Report and Order.
V. PROCEDURAL MATTERS
11. Final Regulatory Flexibility Analysis. As
required by the Regulatory Flexibility Act, 5 U.S.C. § 603,
the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) for this Report and Order, set forth in
Appendix B. The Commission will send a copy of the Report
and Order, including the FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.31
12. Paperwork Reduction Act of 1995 Analysis. This
document does not contain new or modified information
collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition,
therefore, it does not contain any new or modified
``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198;
see 44 U.S.C. § 3506(4).
VI. ORDERING CLAUSES
13. Accordingly, IT IS ORDERED that pursuant to the
authority contained in sections 1, 4(i), 4(j), and 4(o),
303(r), 624(g) and 706 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 154(o),
303(r), 544(g) and 606, this Report and Order IS ADOPTED.
14. IT IS FURTHER ORDERED that Part 11 of the
Commission's Rules, 47 C.F.R. Part 11, IS AMENDED as set
forth in Appendix A attached hereto, effective thirty (30)
days after publication of this Report and Order in the
Federal Register.
15. IT IS FURTHER ORDERED that the Reference
Information Center, Consumer and Governmental Affairs
Bureau, SHALL SEND a copy of this Report and Order,
including the Final Regulatory Flexibility Analysis, to
Congress pursuant to the Congressional Review Act, 5 U.S.C.
§ 801(a)(1)(A).
16. IT IS FURTHER ORDERED that the Reference
Information Center, Consumer and Governmental Affairs
Bureau, SHALL SEND a copy of this Report and Order,
including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business
Administration in accordance with the Regulatory Flexibility
Act.
FEDERAL COMMUNICATIONS
COMMISSION
Marlene H. Dortch
Secretary
APPENDIX A
FINAL RULES
Part 11 of the Code of Federal Regulations is amended as
follows:
PART 11 - EMERGENCY ALERT SYSTEM (EAS)
1. The authority 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. Section 11.11 is amended by revising the table in
paragraph (a) titled WIRELESS CABLE SYSTEMS (MDS/MMS/ITFS
STATIONS) by redesignating footnote 3 as footnote 4, adding
a new footnote 3 (the title of this table has been changed
to conform to recently revised rules), and revising
footnote 1 as follows:
§ 11.11 The Emergency Alert System (EAS).
(a) *****
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 channels¾including the
required testing¾by October 1, 2002, or comply with the
following EAS requirements. All other wireless cable systems
must comply with B.]
B. EAS Equipment Requirement System size and effective
dates
> 5,000 < 5,000
subscribers subscribers
EAS decoder Y 10/1/02 Y 10/1/02
EAS encoder [FN1] [FN2] Y 10/1/02 Y 10/1/02
Audio and Video EAS Message on all Y 10/1/02 N
channels [FN3]
Video interrupt and audio alert N Y 10/1/02
message on all channels;[FN4]
Audio and Video EAS message on at
least one channel.
[FN1] 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) of this Part.
The two-tone signal must be 8-25 seconds in duration.
[FN2] Wireless cable systems serving <5,000 subscribers are
permitted to operate without an EAS encoder if they install an
FCC-certified decoder.
[FN3] 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.
[FN4] 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.
*****
3. Paragraphs (g) and (h) of Section 11.51 is amended by
adding paragraphs (g)(5) and (h)(5) to read as follows:
§ 11.51 EAS code and Attention Signal Transmission
requirements.
*****
(g) ***
(5) Wireless 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) ***
(5) Wireless 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.
*****
APPENDIX B
FINAL REGULATORY FLEXIBILITY ANALYSIS
1. As required by the Regulatory Flexibility Act
(``RFA''),32 an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the NPRM. The Commission sought
comment on the proposals in the NPRM, including comment on
the IRFA. The present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Rules
2. In this Report and Order, the Commission adopts
revisions to the Part 11 rules governing the Emergency Alert
System (``EAS'').33 The revisions will reduce burdens on
EAS participants and improve the overall performance of the
EAS.
B. Summary of Significant Issues Raised by Public
Comments in Response to the IRFA
3. There were no comments filed specifically in
response to the IRFA. Nevertheless, the
agency has considered the potential impact of the rules
proposed in the IRFA on small entities. As a result of
these modifications, a wireless cable operator will now be
able to install EAS equipment for one channel only at the
headend of the system. In the event of an EAS alert, the
system will automatically force each subscriber set-top box
to tune to the channel carrying the EAS alert. This will
allow wireless cable providers to deliver EAS alerts to all
viewers in a more technologically and economically efficient
manner. While this rule revision provides the greatest
economic benefit to systems with over 5,000 subscribers by
obviating the need for special signal conversion for all
channels, it also provides a benefit to those systems with
fewer than 5,000 subscribers.
C.Description and Estimate of the Number of Small
Entities to which the Rules Will Apply
4. The RFA directs agencies to provide a description
of and, where feasible, an estimate of the number of small
entities that will be affected by the proposed rules.34 The
RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.''35
In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the
Small Business Act.36 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).37 A small organization is generally
``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.''38 The
arts, entertainment, and recreations sector had 96,497 small
firms.39
5. Broadband Radio Services. The adopted rules would
apply to Broadband Radio Services (BRS) operated as part of
a wireless cable system.40 The Commission has defined
``small entity'' for purposes of the auction of BRS
frequencies as an entity that, together with its affiliates,
has average gross annual revenues that are not more than $40
million for the preceding three calendar years.41 This
definition of small entity in the context of BRS auctions
has been approved by the SBA.42 The Commission completed
its BRS 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 BRS auction winners, 48 remain small business
licensees.
6. BRS also includes licensees of stations authorized
prior to the auction. As noted, 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.43 This definition includes BRS and thus applies
to BRS licensees that did not participate in the BRS
auction. Information available to us indicates that there
are approximately 392 incumbent BRS licensees that do not
generate revenue in excess of $11 million annually.
Therefore, we find that there are approximately 440 (392
pre-auction plus 48 auction licensees) small BRS providers
as defined by the SBA and the Commission's auction rules
which may be affected by the rules adopted herein.
7. Educational Broadband Services. The adopted rules
would also apply to Educational Broadband Services (EBS).44
The SBA definition of small entities for pay television
services also appears to apply to EBS.45 There are
presently 2,032 EBS licensees. All but 100 of these
licenses are held by educational institutions. Educational
institutions are included in the definition of a small
business.46 However, we do not collect annual revenue data
for EBS licensees, and are not able to ascertain how many of
the 100 non-educational licensees would be categorized as
small under the SBA definition. Thus, we conclude that at
least 1,932 EBS are small businesses and may be affected by
the adopted rules.
C. Description of Projected Reporting, Recordkeeping,
and Other Compliance Requirements
8. There are no reporting or recordkeeping
requirements adopted in this Report and Order. The
revisions adopted in the Report and Order are, for the most
part, intended to enhance the performance of the EAS while
reducing the burden on digital wireless cable systems. We
emphasize that participation in state and local EAS
activities remains voluntary and that we do not impose
additional costs or burdens on entities that choose not to
participate in state and local area EAS plans. The Report
and Order adopts rules that permit new equipment
capabilities and new policies with regard to method of
delivery of EAS messages to viewers for all EAS alerts:
national, state and local. These modifications will lessen
cost and operational burdens on digital wireless cable
system EAS participants.
D. Steps Taken to Minimize Significant Economic
Impact on Small Entities, and Significant Alternatives
Considered
9. The RFA requires an agency to describe any
significant alternatives that it has considered in reaching
its approach, which may include the following four
alternatives: (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 or reporting requirements under the rule for
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 small entities.
10. In the NPRM, we sought comment on the impact of
our proposals on small entities and on any possible
alternatives that would minimize the impact on small
entities. In adopting the modifications contained in this
Report and Order, we have attempted to minimize the burdens
on all entities.
E. Report to Congress
11. The Commission will send a copy of this Report and
Order, including the FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act, see 5
U.S.C. § 801(a)(1)(A). In addition, the Commission will
send a copy of the Report and Order, including the FRFA, to
the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Report and Order and FRFA (or
summaries thereof) will also be published in the Federal
Register.
_________________________
1 47 C.F.R. §§ 11.1, et seq. For purposes of the EAS rules,
a ``wireless cable system'' is a collection of channels used
to provide video programming 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). As part of
its ongoing efforts to promote the deployment of wireless
broadband services, the Commission recently adopted
revisions that transform this collection of channels by
renaming MDS/MMDS as Broadband Radio Service (BRS) and ITFS
as Educational Broadband Service (EBS) to provide greater
flexibility and a more functional band plan for licensees.
See Amendment of Parts 1, 21, 73, 74 and 101 of the
Commission's Rules to Facilitate the Provision of Fixed and
Mobile Broadband Access, Educational and Other Advanced
Services in the 2150-2162 and 2500-2690 MHz Bands, WT Docket
No. 03-66, Report and Order and Further Notice of Proposed
Rulemaking, FCC 04-135, Appendix C (rel. July 29, 2004)
(rules effective 30 days after publication in the Federal
Register).
2 See Amendment of Part 11 of the Commission's Rules
Regarding the Emergency Alert System, Notice of Proposed
Rulemaking, 19 FCC Rcd 4995 (2004) (Amendment of Part 11
NPRM) (proposing revisions to Part 11 EAS rules).
3 In the Petition for Rulemaking that initiated this
proceeding, the Wireless Communications Association
International Inc. (WCA), referred to this process as
``force tune'' technology. See Amendment of Section
11.11(a) of the Commission's Rules To Permit Use of ``Force
Tune'' Technology by Digital Wireless Cable Systems,
Petition for Rulemaking, 1, (filed Oct. 31, 2002) (WCA
Petition).
4 The Commission recently released a Notice of Proposed
Rulemaking seeking comment on whether the EAS in its present
form is the most effective mechanism for warning the
American public of an emergency, and if not, on how EAS can
be improved. See Review of the Emergency Alert System, EB
Docket No. 04-296, Notice of Proposed Rulemaking, FCC 04-189
(rel. Aug. 12, 2004) (EAS NPRM). We are considering this
matter apart from the EAS NPRM because the rule revisions we
adopt today are narrowly constructed to affect a small
number of entities.
5 47 C.F.R. §§ 11.41-11.47.
6 Cable Television Consumer Protection and Competition Act
of 1992, Pub. L. No. 102-385, § 16(b), 106 Stat. 1460, 1490
(1992). Section 624(g) provides that ``each cable operator
shall comply with such standards as the Commission shall
prescribe to ensure that viewers of video programming on
cable systems are afforded the same emergency information as
is afforded by the emergency broadcasting system pursuant to
Commission regulations ....'' 47 U.S.C. § 544(g).
7 Amendment of Part 73, Subpart G, of the Commission's Rules
Regarding the Emergency Broadcast System, Report and Order
and Further Notice of Proposed Rule Making, FO Docket Nos.
91-171, 91-301, 10 FCC Rcd 1786 (1994), reconsideration
granted in part, denied in part, Memorandum Opinion and
Order, 10 FCC Rcd 11494 (1995).
8 Amendment of Part 73, Subpart G, of the Commission's Rules
Regarding the Emergency Broadcast System, Second Report and
Order, FO Docket Nos. 91-171, 91-301, 12 FCC Rcd 15503
(1997) (Second Report and Order). All wireless cable
systems were required to install EAS equipment by October 1,
2002.
9 See Letter from Robert Primosch, Esq., Counsel, W.A.T.C.H.
TV and Benton Ridge Telephone Company, to the Chief,
Technical and Public Safety Division, Enforcement Bureau
(filed Sept. 9, 2002).
10 W.A.T.C.H. TV, et al, Request for Waiver of Section
11.11(a) of the Commission's Rules, File No. EB-02-TS-510,
Order, 17 FCC Rcd 18329 (2002) (September 27 Order).
11 See supra note 3.
12 See FCC Public Notice No. 2589, Consumer & Governmental
Affairs Bureau Reference Information Center Petitions for
Rulemaking Filed, (Consumer & Governmental Affairs Bur.,
rel. Dec. 18, 2002).
13 WCA Comments (filed Jan. 17, 2003) (WCA Comments).
14 REC Comments (filed Jan. 6, 2003).
15 See generally WCA Comments.
16 See generally Amendment of Part 11 NPRM, 19 FCC Rcd 4995.
17 Id.
18 See WCA Comments (filed May 10, 2004); W.A.T.C.H. TV
Comments (filed May 10, 2004).
19 W.A.T.C.H. TV Comments at 2.
20 47 U.S.C. § 11.11(a).
21 Id.
22 See generally WCA Petition.
23 Id. at 3.
24 Id.
25 Id. at 3-5.
26 Id. at 5.
27 WCA Comments at 1-2. No comments were filed disputing
this position.
28 The revised rules are contained in Appendix A to this
Report and Order. Unlike set-top boxes, cable-ready
televisions lack the technological capability to force-tune.
Therefore, we cannot extend this requirement to regular
cable providers that do not utilize set-top boxes.
29 Amendment of Part 11 NPRM, 19 FCC Rcd at 4995 (Commission
tentatively concluded that WCA's proposal is software
driven, that it requires the use of approved EAS equipment
at the headend, and that no changes to app
30roved equipment are required.).
See supra note 4.
31
32 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601, et
seq., has been amended by the Contract With America
Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847
(1996) (``CWAAA''). Title II of the CWAAA is the Small
Business Regulatory Fairness Enforcement Act of 1996.
33 47 C.F.R. §§ 11.1, et seq.
34 5 U.S.C. §§ 603(b)(3), 604(a)(3).
35 Id. § 601(6).
36 Id. § 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. § 632). Pursuant
to the RFA, 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).
37 Small Business Act, 15 U.S.C. § 632 (1996).
38 5 U.S.C. § 601(4).
39 Id.
40 See supra note 1 (renaming MDS/MMDS as Broadband Radio
Service (BRS)).
41 47 C.F.R. § 21.961(b)(1).
42 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).
43 13 C.F.R. § 121.201, NAICS Code 515210.
44 See supra note 1 (renaming ITFS as Educational Broadband
Service (EBS)).
45 Id.
46 5 U.S.C. § 601(3).