Sec.  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  Sec.  Sec. 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  Sec. 11.51. To substitute for the
   weekly test of the EAS header codes and EOM codes in paragraph (a)(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  Sec. 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
    Sec.  Sec. 11.35(a) and 11.54(b)(13).

   [ 70 FR 71038 , Nov. 25, 2005]
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