Sec.  73.1250   Broadcasting emergency information.

   (a)  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,  widspread power failures, industrial explosions, civil
   disorders and school closing and changes in school bus schedules resulting
   from  such  conditions.  See  also  Sec. 73.3542, Application for Emergency
   Authorization, for requirements involving emergency situations not covered
   by this section for which prior operating authority must be requested.

   (b) If requested by responsible public officials, a station may, at its
   discretion,  and  without  further  FCC  authority, transmit emergency
   point-to-point messages for the purpose of requesting or dispatching aid and
   assisting in rescue operations.

   (c)  If  the  Emergency Alert System (EAS) is activated for a national
   emergency while a Local Area or State emergency operation is in progress,
   the  national level EAS operation must take precedence. If, during the
   broadcasting of Local Area or State emergency information, the EAS codes or
   Attention  Signal  described  in   Sec. 11.12 of this chapter are used, the
   broadcasts are considered as being carried out under a Local Area or State
   EAS plan.

   (d) Any emergency operation undertaken in accordance with this section may
   be terminated by the FCC if required in the public interest.

   (e)  Immediately upon cessation of an emergency during which broadcast
   facilities were used for the transmission of point-to-point messages under
   paragraph (b) of this section, or when daytime facilities were used during
   nighttime hours by an AM station in accordance with paragraph (f) of this
   section,  a  report  in  letter  form shall be forwarded to the FCC in
   Washington, DC, setting forth the nature of the emergency, the dates and
   hours of the broadcasting of emergency information, and a brief description
   of the material carried during the emergency. A certification of compliance
   with the noncommercialization provision of paragraph (f) of this section
   must accompany the report where daytime facilities are used during nighttime
   hours  by  an  AM station, together with a detailed showing, under the
   provisisons of that paragraph, that no other broadcast service existed or
   was adequate.

   (f) AM stations may, without further FCC authority, use their full daytime
   facilities  during  nighttime hours to broadcast emergency information
   (examples listed in paragraph (a) of this section), when necessary to the
   safety of life and property, in dangerous conditions of a general nature and
   when  adequate  advance  warning  cannot  be given with the facilities
   authorized.  Because  of skywave interference impact on other stations
   assigned to the same channel, such operation may be undertaken only if
   regular,  unlimited-time service, is non-existent, inadequate from the
   standpoint of coverage, or not serving the public need. All operation under
   this paragraph must be conducted on a noncommercial basis. Recorded music
   may be used to the extent necessary to provide program continuity.

   (g) Broadcasting of emergency information shall be confined to the hours,
   frequencies, powers and modes of operation specified in the station license,
   except  as otherwise provided for AM stations in paragraph (f) of this
   section.

   (h) Any emergency information transmitted by a TV or Class A TV station in
   accordance with this section shall be transmitted both aurally and visually
   or only visually. TV and Class A TV stations may use any method of visual
   presentation which results in a legible message conveying the essential
   emergency  information. Methods which may be used include, but are not
   necessarily limited to, slides, electronic captioning, manual methods (e.g.,
   hand printing) or mechanical printing processes. However, when 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  Sec. 11.51(b) of this chapter.

   [ 43 FR 45847 , Oct. 4, 1978, as amended at  50 FR 30947 , July 31, 1985;  59 FR 67102 , Dec. 28, 1994;  60 FR 56000 , Nov. 6, 1995;  65 FR 30003 , May 10, 2000]