Sec.  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
    Sec. 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  Sec.  Sec. 73.1820 and 73.1840 of this chapter for all broadcast streams
   and cable system records as specified in  Sec.  Sec. 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 paragraph (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.

   [ 70 FR 71034 , Nov. 25, 2005]

Subpart C—Organization