Television broadcasting: Cable television systems— Emergency alert system; broadcast channel overrides; termination,

[Federal Register: February 8, 1999 (Volume 64, Number 25)]

[Rules and Regulations]

[Page 5950-5951]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08fe99-9]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 11 and 76

[FO Docket No. 91-171, 91-301; FCC 98-329]

Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Termination of rulemaking.

SUMMARY: In this Third Report and Order the FCC determined that cable systems should not be required to install channel override equipment in order to prevent EAS messages from appearing on specific channels on a cable system. In the Second Further Notice and Proposed Rule Making 63 FR 29660, June 1, 1998, the Commission requested comment regarding the effectiveness of proposed rule amendments that would require cable systems to purchase and install equipment to prevent EAS messages from overriding broadcast stations programming carried on a cable system. Commission rules allow broadcast stations and cable system operators to enter into voluntary written agreements that prevent broadcast program interruption. After review of the record it was determined that the Commission should not mandate rules to require broadcast channel overrides.

[[Page 5951]]

FOR FURTHER INFORMATION CONTACT: Frank Lucia, Compliance and Information Bureau, (202) 418-1220.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Third Report and Order in FO Dockets 91-171/91-301, adopted December 14, 1998, and released December 23, 1998.

The full text of this Federal Communications Commission's (FCC) Third Report and Order is available for inspection and copying during normal business hours in the FCC's Public Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C. 20554. The complete text may also be purchased from the Commission's duplication contractor, International Transcription Service, Inc., 1231 20th Street, NW, Washington, D.C. 20336; phone: (202) 857-3800, facsimile: (202) 857- 3805.

Synopsis of Third Report and Order

The FCC adopted a Third Report and Order which declined to mandate rules that require the installation of selective channel switching equipment at cable systems. This equipment prevents program interruption on broadcast channels carried on cable systems during cable initiated EAS activations. The FCC has not changed or amended the rules that provide for cable and broadcast stations entering into voluntary written agreements that prevent EAS interruption to a broadcast station. Finally, the Third Report and Order also rejected arguments to preempt provisions of local franchise agreements that require local emergency messages. The record indicates that many local municipalities use cable franchise agreements as a primary means of alerting residents to non-weather related local emergencies.

Background

EAS replaced the Emergency Broadcast System (EBS), and uses various communications technologies, such as broadcast stations and cable systems, to alert the public regarding national, state and local emergencies. EAS, compared to EBS, includes more sources capable of alerting the public and specifies new equipment standards and procedures to improve alerting capabilities.

In 1994 the Commission issued a Report and Order and Further Notice of Proposed Rulemaking 59 FR 67090, December 28, 1994. This proceeding directed broadcast stations and cable system participation in EAS. In our Memorandum Opinion and Order, 10 FCC Rcd 11494 (1995), we responded to petitions for reconsideration filedregarding the Report and Order and Further Notice of Proposed Rulemaking. We found no merit in arguments asserting that the statutory language exempts local broadcast station programming from interruption by cable system EAS requirements. The Memorandum Opinion and Order also rejected NAB's arguments that EAS interruptions violate provisions set forth in the Copyright Act and the Commissions must carry rules.

The Second Report and Order, which was released in September of 1997, modified some of the requirements in the Report and Order and addressed issues raised in the FNPRM that applied to wired and wireless cable systems. The Second Report and Order also declined to exercise preemption of local cable franchise agreements unless a jurisdiction takes action that interferes with the national warning functions of EAS.

Legal Basis

Authority for issuance of this Third Report and Order is contained in Sections 4(i), 257, 303(b), 303(g), 303(r), 309(j), and 332(a) of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 257, 303(b), 303(g), 303(r), 309(j), and 332(a).

List of Subjects

47 CFR Part 11

Emergency alert system.

47 CFR Part 76

Cable television.

Federal Communications Commission. Magalie Roman Salas, Secretary.

[FR Doc. 99-2863Filed2-5-99; 8:45 am]

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