§  11.55   EAS operation during a State or Local Area emergency.

   (a) All EAS Participants within a state (excepting SDARs and DBS
   providers) must receive and transmit state-level and geographically
   targeted EAS messages, as aggregated and delivered by the state
   governor or his/her designee, or by FEMA on behalf of such state
   governor, upon approval by the Commission of an applicable state plan
   providing for delivery of such alerts no sooner than 180 days after
   adoption of CAP by FEMA. Examples of natural emergencies which may
   warrant activation are: Tornadoes, floods, hurricanes, earthquakes,
   heavy snows, icing conditions, widespread fires, etc.

   Man-made emergencies may include: toxic gas leaks or liquid spills,
   widespread power failures, industrial explosions, and civil disorders.

   (1) DBS providers shall pass through all EAS messages aired on local
   television broadcast stations carried by DBS providers under the
   Commission's broadcast signal carriage rules to subscribers receiving
   those channels.

   (2) SDARS licensees and DBS providers may participate in EAS at the
   state and local level and make their systems capable of receiving and
   transmitting state and local level EAS messages on all channels. If an
   SDARS licensee or DBS provider is not capable of receiving and
   transmitting state and local EAS message on all channels, it must
   inform its subscribers, on its website and in writing on an annual
   basis, of which channels are and are not capable of supplying state and
   local messages.

   (b) EAS operations must be conducted as specified in State and Local
   Area EAS Plans. The plans must list all authorized entities
   participating in the State or Local Area EAS.

   (c) Immediately upon receipt of a State or Local Area EAS message, EAS
   Participants participating in the State or Local Area EAS must do the
   following:

   (1) State Relay (SR) sources monitor the State Relay Network or follow
   the State EAS plan for instructions from the State Primary (SP) source.

   (2) Local Primary (LP) sources monitor the Local Area SR sources or
   follow the State EAS plan for instructions.

   (3) Participating National (PN) and Non-participating National (NN)
   sources monitor the Local Area LP sources for instructions.

   (4) EAS Participants participating in the State or Local Area EAS must
   discontinue normal programming and follow the procedures in the State
   and Local Area plans. Analog and digital television broadcast stations
   must comply with § 11.54(b)(5); analog cable systems, digital cable
   systems, and wireless cable systems must comply with § 11.54(b)(6); and
   DBS providers must comply with § 11.54(b)(7). EAS Participants providing
   foreign language programming should comply with § 11.54(b)(8).

   (5) Upon completion of the State or Local Area EAS transmission
   procedures, resume normal programming until receipt of the cue from the
   SR or LP sources in your Local Area. At that time begin transmitting
   the common emergency message received from the above sources.

   (6) Resume normal operations upon conclusion of the message.

   (7) The times of the above EAS actions must be entered in the EAS
   Participants' records as specified in § § 11.35(a) and 11.54(b)(13).

   (8) Use of the EAS codes or Attention Signal automatically grants
   rebroadcast authority as specified in § 11.54(d).

   [ 59 FR 67092 , Dec. 28, 1994, as amended at  63 FR 29666 , June 1, 1998;
    65 FR 21658 , Apr. 24, 2000;  67 FR 18511 , Apr. 16, 2002;  70 FR 71037 ,
   Nov. 25, 2005;  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007]