§ 11.51   EAS code and Attention Signal Transmission requirements.

   (a)  Analog  and  digital  broadcast  stations  must  transmit, either
   automatically or manually, national level EAS messages and required tests by
   sending the EAS header codes, Attention Signal, emergency message and End of
   Message  (EOM) codes using the EAS Protocol. The Attention Signal must
   precede any emergency audio message.

   (b) When relaying EAS messages, EAS Participants may transmit only the EAS
   header codes and the EOM code without the Attention Signal and emergency
   message for State and local emergencies. Pauses in video programming before
   EAS message transmission should not cause television receivers to mute EAS
   audio messages. No Attention Signal is required for EAS messages that do not
   contain audio programming, such as a Required Weekly Test.

   (c) All analog and digital radio and television stations shall transmit EAS
   messages in the main audio channel. All DAB stations shall also transmit EAS
   messages  on  all audio streams. All DTV broadcast stations shall also
   transmit EAS messages on all program streams.

   (d) Analog and digital television broadcast stations shall transmit a visual
   message containing the Originator, Event, Location and the valid time period
   of an EAS message. Effective June 30, 2012, visual messages derived from
   CAP-formatted EAS messages shall contain the Originator, Event, Location and
   the valid time period of the message and shall be constructed in accordance
   with § 3.6 of the “ECIG Recommendations for a CAP EAS Implementation Guide,
   Version 1.0” (May 17, 2010), except that if the EAS Participant has deployed
   an Intermediary Device to meet its CAP-related obligations, this requirement
   shall be effective June 30, 2015, and until such date shall be subject to
   the  general  requirement  to transmit a visual message containing the
   Originator, Event, Location and the valid time period of the EAS message.

   (1) The visual message portion of an EAS alert, whether video crawl or block
   text, must be displayed:

   (i) At the top of the television screen or where it will not interfere with
   other visual messages

   (ii) In a manner (i.e., font size, color, contrast, location, and speed)
   that is readily readable and understandable,

   (iii) That does not contain overlapping lines of EAS text or extend beyond
   the viewable display (except for video crawls that intentionally scroll on
   and off of the screen), and

   (iv) In full at least once during any EAS message.

   (2) The audio portion of an EAS message must play in full at least once
   during any EAS message.

   (e) 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 Low Power FM (LPFM) stations as defined in § § 73.811 and
   73.853 of this chapter, digital LPFM stations, analog low power TV (LPTV)
   stations as defined in § 74.701(f) of this chapter, and digital LPTV stations
   as defined in § 74.701(k) of this chapter are not required to have equipment
   capable  of generating the EAS codes and Attention Signal specified in
   § 11.31.

   (f) Analog and digital broadcast station equipment generating the EAS codes
   and the Attention Signal shall modulate a broadcast station transmitter so
   that the signal broadcast to other EAS Participants alerts them that the EAS
   is being activated or tested at the National, State or Local Area level. The
   minimum level of modulation for EAS codes, measured at peak modulation
   levels using the internal calibration output required in § 11.32(a)(4), shall
   modulate the transmitter at the maximum possible level, but in no case less
   than 50% of full channel modulation limits. Measured at peak modulation
   levels, each of the Attention Signal tones shall be calibrated separately to
   modulate  the  transmitter  at  no less than 40%. These two calibrated
   modulation levels shall have values that are within 1 dB of each other.

   (g) Analog cable systems and digital cable systems with fewer than 5,000
   subscribers  per headend and wireline video systems and wireless cable
   systems with fewer than 5,000 subscribers shall transmit EAS audio messages
   in the same order specified in paragraph (a) of this section on at least one
   channel.  The  Attention signal may be produced from a storage device.
   Additionally,  these  analog cable systems, digital cable systems, and
   wireless cable systems:

   (1) Must install, operate, and maintain equipment capable of generating the
   EAS codes. The modulation levels for the EAS codes and Attention Signal for
   analog cable systems shall comply with the aural signal requirements in
   § 76.605 of this chapter,

   (2) Must provide a video interruption and an audio alert message on all
   channels. The audio alert message must state which channel is carrying the
   EAS video and audio message,

   (3) Shall transmit a visual EAS message on at least one channel. The visual
   message shall contain the Originator, Event, Location, and the valid time
   period of the EAS message. Effective June 30, 2012, visual messages derived
   from  CAP-formatted  EAS messages shall contain the Originator, Event,
   Location and the valid time period of the message and shall be constructed
   in  accordance  with  § 3.6  of the “ECIG Recommendations for a CAP EAS
   Implementation Guide, Version 1.0” (May 17, 2010), except that if the EAS
   Participant has deployed an Intermediary Device to meet its CAP-related
   obligations, this requirement shall be effective June 30, 2015, and until
   such date shall be subject to the general requirement to transmit a visual
   message containing the Originator, Event, Location and the valid time period
   of the EAS message.

   (i) The visual message portion of an EAS alert, whether video crawl or block
   text, must be displayed:

   (A) At the top of the television screen or where it will not interfere with
   other visual messages;

   (B) In a manner (i.e., font size, color, contrast, location, and speed) that
   is readily readable and understandable;

   (C) That does not contain overlapping lines of EAS text or extend beyond the
   viewable display (except for video crawls that intentionally scroll on and
   off of the screen), and

   (D) In full at least once during any EAS message.

   (ii) The audio portion of an EAS message must play in full at least once
   during any EAS message.

   (4) May elect not to interrupt EAS messages from broadcast stations based
   upon  a written agreement between all concerned. Further, analog cable
   systems, digital cable systems, and wireless cable systems may elect not to
   interrupt the programming of a broadcast station carrying news or weather
   related emergency information with state and local EAS messages based on a
   written agreement between all parties.

   (5) Wireless cable systems and digital cable systems with a requirement to
   carry  the  audio  and video EAS message on at least one channel and a
   requirement to provide video interrupt and an audio alert message on all
   other channels stating which channel is carrying the audio and video EAS
   message,  may  comply by using a means on all programmed channels that
   automatically tunes the subscriber's set-top box to a pre-designated channel
   which carries the required audio and video EAS messages.

   (h) Analog cable systems and digital cable systems with 10,000 or more
   subscribers; analog cable and digital cable systems serving 5,000 or more,
   but less than 10,000 subscribers per headend; and wireline video systems and
   wireless cable systems with 5,000 or more subscribers shall transmit EAS
   audio messages in the same order specified in paragraph (a) of this section.
   The Attention signal may be produced from a storage device. Additionally,
   these  analog cable systems, digital cable systems, and wireless cable
   systems:

   (1) Must install, operate, and maintain equipment capable of generating the
   EAS codes. The modulation levels for the EAS codes and Attention Signal for
   analog cable systems shall comply with the aural signal requirements in
   § 76.605 of this chapter. This will provide sufficient signal levels to
   operate subscriber television and radio receivers equipped with EAS decoders
   and to audibly alert subscribers. Wireless cable systems and digital cable
   systems shall also provide sufficient signal levels to operate subscriber
   television and radio receivers equipped with EAS decoders and to audibly
   alert subscribers.

   (2) Shall transmit the EAS audio message required in paragraph (a) of this
   section on all downstream channels.

   (3) Shall transmit the EAS visual message on all downstream channels. The
   visual message shall contain the Originator, Event, Location, and the valid
   time period of the EAS message. Effective June 30, 2012, visual messages
   derived from CAP-formatted EAS messages shall contain the Originator, Event,
   Location and the valid time period of the message and shall be constructed
   in  accordance  with  § 3.6  of the “ECIG Recommendations for a CAP EAS
   Implementation Guide, Version 1.0” (May 17, 2010), except that if the EAS
   Participant has deployed an Intermediary Device to meet its CAP-related
   obligations, this requirement shall be effective June 30, 2015, and until
   such date shall be subject to the general requirement to transmit a visual
   message containing the Originator, Event, Location and the valid time period
   of the EAS message.

   (i) The visual message portion of an EAS alert, whether video crawl or block
   text, must be displayed:

   (A) At the top of the television screen or where it will not interfere with
   other visual messages

   (B) In a manner (i.e., font size, color, contrast, location, and speed) that
   is readily readable and understandable,

   (C) That does not contain overlapping lines of EAS text or extend beyond the
   viewable display (except for video crawls that intentionally scroll on and
   off of the screen), and

   (D) In full at least once during any EAS message.

   (ii) The audio portion of an EAS message must play in full at least once
   during any EAS message.

   (4) May elect not to interrupt EAS messages from broadcast stations based
   upon  a written agreement between all concerned. Further, analog cable
   systems, digital cable systems, and wireless cable systems may elect not to
   interrupt the programming of a broadcast station carrying news or weather
   related emergency information with state and local EAS messages based on a
   written agreement between all parties.

   (5) Wireless cable systems and digital cable systems with a requirement to
   carry the audio and video EAS message on all downstream channels may comply
   by using a means on all programmed channels that automatically tunes the
   subscriber's set-top box to a pre-designated channel which carries the
   required audio and video EAS messages.

   (i)  SDARS licensees shall transmit national audio EAS messages on all
   channels in the same order specified in paragraph (a) of this section.

   (1) SDARS licensees must install, operate, and maintain equipment capable of
   generating the EAS codes.

   (2) SDARS licensees may determine the distribution methods they will use to
   comply with this requirement.

   (j) DBS providers shall transmit national audio and visual EAS messages on
   all channels in the same order specified in paragraph (a) of this section.

   (1) DBS providers must install, operate, and maintain equipment capable of
   generating the EAS codes.

   (2) The visual message shall contain the Originator, Event, Location, and
   the valid time period of the EAS message. Effective June 30, 2012, visual
   messages  derived  from  CAP-formatted  EAS messages shall contain the
   Originator, Event, Location and the valid time period of the message and
   shall be constructed in accordance with § 3.6 of the “ECIG Recommendations
   for a CAP EAS Implementation Guide, Version 1.0” (May 17, 2010), except that
   if the EAS Participant has deployed an Intermediary Device to meet its
   CAP-related obligations, this requirement shall be effective June 30, 2015,
   and until such date shall be subject to the general requirement to transmit
   a visual message containing the Originator, Event, Location and the valid
   time period of the EAS message.

   (i) The visual message portion of an EAS alert, whether video crawl or block
   text, must be displayed:

   (A) At the top of the television screen or where it will not interfere with
   other visual messages

   (B) In a manner (i.e., font size, color, contrast, location, and speed) that
   is readily readable and understandable,

   (C) That does not contain overlapping lines of EAS text or extend beyond the
   viewable display (except for video crawls that intentionally scroll on and
   off of the screen), and

   (D) In full at least once during any EAS message.

   (ii) The audio portion of an EAS message must play in full at least once
   during any EAS message.

   (3) DBS providers may determine the distribution methods they will use to
   comply with this requirement. Such methods may include distributing the EAS
   message  on  all  channels,  using  a  means to automatically tune the
   subscriber's set-top box to a pre-designated channel which carries the
   required  audio and video EAS messages, and/or passing through the EAS
   message provided by programmers and/or local channels (where applicable).

   (k) If manual interrupt is used as authorized in paragraph (m) of this
   section, EAS Encoders must be located so that EAS Participant staff, at
   normal  duty locations, can initiate the EAS code and Attention Signal
   transmission.

   (l) EAS Participants that are co-owned and co-located with a combined studio
   or control facility, (such as an AM and FM licensed to the same entity and
   at the same location or a cable headend serving more than one system) may
   provide the EAS transmitting requirements contained in this section for the
   combined stations or systems with one EAS Encoder. The requirements of
   § 11.32 must be met by the combined facility.

   (m) EAS Participants are required to transmit all received EAS messages in
   which  the  header  code contains the Event codes for Emergency Action
   Notification  (EAN)  and  Required  Monthly  Test  (RMT), and when the
   accompanying location codes include their State or State/county. These EAS
   messages shall be retransmitted unchanged except for the LLLLLLLL-code which
   identifies the EAS Participant retransmitting the message. See § 11.31(c). If
   an  EAS  source originates an EAS message with the Event codes in this
   paragraph, it must include the location codes for the State and counties in
   its  service  area.  When  transmitting  the required weekly test, EAS
   Participants shall use the event code RWT. The location codes are the state
   and county for the broadcast station city of license or system community or
   city. Other location codes may be included upon approval of station or
   system  management.  EAS  messages may be transmitted automatically or
   manually.

   (1) Automatic interrupt of programming and transmission of EAS messages are
   required  when facilities are unattended. Automatic transmissions must
   include  a  permanent  record that contains at a minimum the following
   information:  Originator, Event, Location and valid time period of the
   message. The decoder performs the functions necessary to determine which EAS
   messages are automatically transmitted by the encoder.

   (2) Manual interrupt of programming and transmission of EAS messages may be
   used. EAS messages with the EAN Event code, or the National Periodic Test
   (NPT)  Event code in the case of a nationwide test of the EAS, must be
   transmitted immediately; Monthly EAS test messages must be transmitted
   within  60 minutes. All actions must be logged and include the minimum
   information required for EAS video messages.

   (n) EAS Participants may employ a minimum delay feature, not to exceed 15
   minutes, for automatic interruption of EAS codes. However, this may not be
   used  for  the  EAN Event code, or the NPT Event code in the case of a
   nationwide test of the EAS, which must be transmitted immediately. The delay
   time for an RMT message may not exceed 60 minutes.

   (o) Either manual or automatic operation of EAS equipment may be used by EAS
   Participants that use remote control. If manual operation is used, an EAS
   decoder must be located at the remote control location and it must directly
   monitor the signals of the two assigned EAS sources. If direct monitoring of
   the assigned EAS sources is not possible at the remote location, automatic
   operation is required. If automatic operation is used, the remote control
   location may be used to override the transmission of an EAS alert. EAS
   Participants  may  change  back and forth between automatic and manual
   operation.

   (p) The standard required in this section is incorporated by reference into
   this section with the approval of the Director of the Federal Register under
   5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
   specified  in this section, the Federal Communications Commission must
   publish notice of change in the Federal Register and the material must be
   available to the public. All approved material is available for inspection
   at the Federal Communications Commission, 445 12th Street, SW., Washington,
   DC (Reference Information Center) and is available from the source indicated
   below. It is also available for inspection at the National Archives and
   Records Administration (NARA). For information on the availability of this
   material at NARA, call 202-741-6030 or go to
   http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_loc
   ations.html.

   (1) The following standard is available from the EAS-CAP Industry Group
   (ECIG),  21010  Southbank  Street,  #365,  Sterling,  VA, 20165, go to
   http://www.eas-cap.org.

   (i) “ECIG Recommendations for a CAP EAS Implementation Guide, Version 1.0”
   (May 17, 2010).

   (ii) [Reserved]

   [ 70 FR 71035 , Nov. 25, 2005, as amended at  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007;  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007;
    77 FR 16704 , Mar. 22, 2012;  80 FR 37175 , June 30, 2015]

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