§  11.11   The Emergency Alert System (EAS).

   (a) The EAS is composed of analog radio broadcast stations including
   AM, FM, and Low-power FM (LPFM) stations; digital audio broadcasting
   (DAB) stations, including digital AM, FM, and Low-power FM stations;
   analog television broadcast stations including Class A television (CA)
   and Low-power TV (LPTV) stations; digital television (DTV) broadcast
   stations, including digital CA and digital LPTV stations; analog cable
   systems; digital cable systems which are defined for purposes of this
   part only as the portion of a cable system that delivers channels in
   digital format to subscribers at the input of a Unidirectional Digital
   Cable Product or other navigation device; wireline video systems;
   wireless cable systems which may consist of Broadband Radio Service
   (BRS), or Educational Broadband Service (EBS) stations; DBS services,
   as defined in 47 CFR 25.701(a) (including certain Ku-band
   Fixed-Satellite Service Direct to Home providers); SDARS, as defined in
   47 CFR 25.201; participating broadcast networks, cable networks and
   program suppliers; and other entities and industries operating on an
   organized basis during emergencies at the National, State and local
   levels. These entities are referred to collectively as EAS Participants
   in this part, and are subject to this part, except as otherwise
   provided herein. At a minimum EAS Participants must use a common EAS
   protocol, as defined in § 11.31, to send and receive emergency alerts
   in accordance with the effective dates listed above and in the
   following tables:

   Analog and Digital Broadcast Stations
   EAS equipment requirement AM & FM class A TV^4 Digital AM & FM TV DTV
   FM class D^1 LPTV^2 LPFM^3
   Two-tone encoder^5 Y^6 Y 12/31/06 Y Y 12/31/06 N N N Y
   EAS decoder Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97 Y
   Y
   EAS encoder Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 N N N Y
   Audio message Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 12/31/06 Y 1/1/97 Y 1/1/97
   Y Y
   Video message N/A N/A Y 1/1/97 Y 12/31/06 N/A Y 1/1/97 N/A Y

   ^1Effective December 31, 2006, digital FM Class D stations have the
   same requirements.

   ^2LPTV stations that operate as television broadcast translator
   stations are exempt from the requirement to have EAS equipment.
   Effective December 31, 2006, digital LPTV stations have the same
   requirements.

   ^3LPFM stations must install a decoder within one year after the FCC
   publishes in the  Federal Register  a public notice indicating that
   at least one decoder has been certified by the FCC. Effective December
   31, 2006, digital LPFM stations have the same requirements.

   ^4Effective December 31, 2006, digital Class A TV stations have the
   same requirements.

   ^5Effective July 1, 1995, the two-tone signal must be 8-25 seconds.

   ^6Effective January 1, 1998, the two-tone signal may only be used to
   provide audio alerts to audiences before EAS emergency messages and the
   required monthly tests.

   Analog Cable Systems

   [A. Analog cable systems serving fewer than 5,000 subscribers from a
   headend must either provide the National level EAS message on all
   programmed channels including the required testing by October 1, 2002,
   or comply with the following EAS requirements. All other analog cable
   systems must comply with B.]

   System Size and Effective Dates
   B. EAS equipment requirement >=5,000 but < 10,000 subscribers >=10,000
   subscribers <5,000
   subscribers
   Two-tone signal from storage device^1 Y 12/31/98 Y 10/1/02 Y 10/1/02
   EAS decoder^3 Y 12/31/98 Y 10/1/02 Y 10/1/02
   EAS encoder^2 Y 12/31/98 Y 10/1/02 Y 10/1/02
   Audio and Video EAS Message on all channels Y 12/31/98 Y 10/1/02 N
   Video interrupt and audio alert message on all channels,^3Audio and
   Video EAS message on at least one channel N N Y 10/1/02

   ^1Two-tone signal is only used to provide an audio alert to audience
   before EAS emergency messages and required monthly test. The two-tone
   signal must be 8-25 seconds in duration.

   ^2Analog cable systems serving <5,000 subscribers are permitted to
   operate without an EAS encoder if they install an FCC-certified
   decoder.

   ^3The Video interrupt must cause all channels that carry programming to
   flash for the duration of the EAS emergency message. The audio alert
   must give the channel where the EAS messages are carried and be
   repeated for the duration of the EAS message.

   Note: Programmed channels do not include channels used for the
   transmission of data such as interactive games.

   Wireless Cable Systems (BRS/EBS STATIONS)

   [A. Wireless cable systems serving fewer than 5,000 subscribers from a
   single transmission site must either provide the National level EAS
   message on all programmed channels including the required testing by
   October 1, 2002, or comply with the following EAS requirements. All
   other wireless cable systems must comply with B.]

   System Size and Effective Dates
   B. EAS
   equipment
   requirement >=5,000 subscribers <5,000 subscribers
   EAS decoder Y 10/1/02 Y 10/1/02
   EAS encoder^1,2 Y 10/1/02 Y 10/1/02
   Audio and Video EAS Message on all channels^3 Y 10/1/02 N
   Video interrupt and audio alert message on all channels;^4Audio and
   Video EAS message on at least one channel N Y 10/1/02

   ^1The two-tone signal is used only to provide an audio alert to an
   audience prior to an EAS emergency message or to the Required Monthly
   Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8-25
   seconds in duration.

   ^2Wireless cable systems serving <5,000 subscribers are permitted to
   operate without an EAS encoder if they install an FCC-certified
   decoder.

   ^3All wireless cable systems may comply with this requirement by
   providing a means to switch all programmed channels to a predesignated
   channel that carries the required audio and video EAS messages.

   ^4The Video interrupt must cause all channels that carry programming to
   flash for the duration of the EAS emergency message. The audio alert
   must give the channel where the EAS messages are carried and be
   repeated for the duration of the EAS message.

   Note: Programmed channels do not include channels used for the
   transmission of data services such as Internet.

   Digital Cable Systems and Wireline Video Systems

   [A. Digital cable systems and Wireline Video Systems serving fewer than
   5,000 subscribers from a headend must either provide the National level
   EAS message on all programmed channels including the required testing
   by December 31, 2006, or comply with the following EAS requirements.
   All other digital cable systems and Wireline Video Systems must comply
   with B.]

   System Size and Effective Dates
   B. EAS equipment requirement >=5,000 subscribers <5,000 subscribers
   Two-tone signal from storage device^1 Y 12/31/06 Y 12/31/06
   EAS decoder^3 Y 12/31/06 Y 12/31/06
   EAS encoder^2 Y 12/31/06 Y 12/31/06
   Audio and Video EAS Message on all channels^4 Y 12/31/06 N
   Video interrupt and audio alert message on all channels^3Audio and
   Video EAS message on at least one channel N Y 12/31/06

   ^1Two-tone signal is only used to provide an audio alert to audience
   before EAS emergency messages and required monthly test. The two-tone
   signal must be 8-25 seconds in duration.

   ^2Digital cable systems and Wireline Video Systems serving <5,000
   subscribers are permitted to operate without an EAS encoder if they
   install an FCC-certified decoder.

   ^3The Video interrupt must cause all channels that carry programming to
   flash for the duration of the EAS emergency message. The audio alert
   must give the channel where the EAS messages are carried and be
   repeated for the duration of the EAS message.

   ^4All digital cable systems and/Wireline Video Systems may comply with
   this requirement by providing a means to switch all programmed channels
   to a predesignated channel that carries the required audio and video
   EAS messages.

   Note: Programmed channels do not include channels used for the
   transmission of data such as interactive games or the transmission of
   data services such as Internet.

   SDARS and DBS
      EAS equipment requirement      SDARS       DBS
   Two-tone signal^1               Y 12/31/06 Y 5/31/07
   EAS decoder                     Y 12/31/06 Y 5/31/07
   EAS encoder                     Y 12/31/06 Y 5/31/07
   Audio message on all channels^2 Y 12/31/06 Y 5/31/07
   Video message on all channels^2 N/A        Y 5/31/07

   ^1Two-tone signal is only used to provide an audio alert to audience
   before EAS emergency messages and required monthly test. The two-tone
   signal must be 8-25 seconds in duration.

   ^2All SDARS and DBS providers may comply with this requirement by
   providing a means to switch all programmed channels to a predesignated
   channel that carries the required audio and video EAS messages or by
   any other method that ensures that viewers of all channels receive the
   EAS message.

   (b) Analog class D non-commercial educational FM stations as defined in
   § 73.506 of this chapter, digital class D non-commercial educational FM
   stations, analog LPFM stations as defined in § § 73.811 and 73.853 of
   this chapter, digital LPFM stations, analog LPTV stations as defined in
   § 74.701(f), and digital LPTV stations as defined in § 74.701(k) of
   this chapter are not required to comply with § 11.32. Analog and
   digital LPTV stations that operate as television broadcast translator
   stations, as defined in § 74.701(b) of this chapter, are not required
   to comply with the requirements of this part. FM broadcast booster
   stations as defined in § 74.1201(f) of this chapter and FM translator
   stations as defined in § 74.1201(a) of this chapter which entirely
   rebroadcast the programming of other local FM broadcast stations are
   not required to comply with the requirements of this part.
   International broadcast stations as defined in § 73.701 of this chapter
   are not required to comply with the requirements of this part. Analog
   and digital broadcast stations that operate as satellites or repeaters
   of a hub station (or common studio or control point if there is no hub
   station) and rebroadcast 100 percent of the programming of the hub
   station (or common studio or control point) may satisfy the
   requirements of this part through the use of a single set of EAS
   equipment at the hub station (or common studio or control point) which
   complies with § § 11.32 and 11.33.

   (c) For purposes of the EAS, Broadband Radio Service (BRS) and
   Educational Broadband Service (EBS) stations operated as part of
   wireless cable systems in accordance with subpart M of part 27 of this
   chapter are defined as follows:

   (1) A "wireless cable system" is a collection of channels in the BRS or
   EBS used to provide video programming services to subscribers. The
   channels may be licensed to or leased by the wireless cable system
   operator.

   (2) A "wireless cable operator" is the entity that has acquired the
   right to use the channels of a wireless cable system for transmission
   of programming to subscribers.

   (d) Local franchise authorities and cable television system operators
   may enter into mutual agreements that require the installation of EAS
   equipment before the required dates listed in the tables in paragraph
   (a). Additionally, local franchise authorities may use any EAS codes
   authorized by the FCC in any agreements.

   (e) Other technologies and public service providers, such as low earth
   orbiting satellites, that wish to participate in the EAS may contact
   the FCC's Public Safety and Homeland Security Bureau or their State
   Emergency Communications Committee for information and guidance.

   [ 63 FR 29662 , June 1, 1998, as amended at  65 FR 7639 , Feb. 15, 2000;  65 FR 21657 , Apr. 24, 2000;  65 FR 30001 , May 10, 2000;  65 FR 34406 , May
   30, 2000;  67 FR 18506 , Apr. 16, 2002;  69 FR 72031 , Dec. 10, 2004;  70 FR 19315 , Apr. 13, 2005;  70 FR 71031 , Nov. 25, 2005;  71 FR 76220 , Dec. 20,
   2006;  72 FR 62132 , Nov. 2, 2007]