>>12385359
>>12385483
https://docs.fcc.gov/public/attachments/DA-21-10A1.pdf
PUBLIC NOTICE
Federal Communications Commission
45 L Street NE
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: https://www.fcc.gov
TTY: 1-888-835-5322
DA 21-10
Released: January 7, 2021
C ENFORC FCC
EENFORCEMENT BUREAU REMINDS EMERGENCY ALERT SYSTEM (EAS)
PARTICIPANTS OF COMPLIANCE OBLIGATIONS
The Enforcement Bureau of the Federal Communications Commission (Commission or FCC) issues this
Enforcement Advisory to remind broadcasters, cable television operators, wireless cable operators,
wireline video service providers, satellite digital audio radio service providers, and direct broadcast
satellite providers (EAS Participants)1
of their obligation to comply with the EAS rules, including
ensuring that EAS alerts are accessible to persons with disabilities.2
In reporting on the most recent
national level test of the EAS, the FCC’s Public Safety and Homeland Security Bureau noted
improvements in key areas, but identified several issues that impair dissemination of EAS messages.3
The 2019 Nationwide EAS Test Report noted, for instance, that EAS Participants must ensure that
messages comply with the FCC's requirements designed to make the message accessible to individuals
with hearing and vision disabilities.4
Below we highlight EAS Participants’ obligations and identify
measures to improve the dissemination and accessibility of EAS alerts.
The Emergency Alert System
The EAS is a national public warning system that enables the President to communicate via live audio
transmission to the public during a national emergency.5
EAS Participants must transmit Presidential
messages during national emergencies and may transmit local messages, such as severe weather alerts and
1 See 47 CFR § 11.2(b) (defining EAS Participants). See also id. § 11.11(a) (further defining EAS Participants).
Analog and digital class D non-commercial educational FM stations, analog and digital Low Power FM (LPFM)
stations, and analog and digital Low Power TV (LPTV) stations are not required to have equipment capable of
generating the EAS codes and Attention Signal specified in section 11.31 of the Commission’s rules. 47 CFR §
11.31.
2 See 47 CFR § 11.61(a)(3)(i),(iv) (requiring EAS Participants to participate in national tests and report their test
results in the EAS Test Reporting System, respectively). See also 47 CFR § 11.51 (specifying the requirements for
the audio and visual components of the EAS message).
3
FCC, Public Safety and Homeland Security Bureau, Report: August 7, 2019 Nationwide EAS Test (2020).
4
Id. at 20.
5 See Review of the Emergency Alert System, Second Further Notice of Proposed Rulemaking, 25 FCC Rcd 564,
565, para. 2 (2010). See also 2019 Nationwide EAS Test Report at 3-4 (providing historical context and statutory
basis for the EAS).
FCC ENFORCEMENT ADVISORY
Federal Communications Commission DA 21-10
2
AMBER (America’s Missing: Broadcast Emergency Response) alerts.6
The Integrated Public Alert
Warning System Modernization Act of 2015 requires the Federal Emergency Management Agency
(FEMA) to conduct a national level EAS test at least once every three years.7
For each of these tests, the
FCC requires EAS Participants to transmit the message, comply with the FCC’s audio and visual
requirements, and submit test results to the EAS Test Reporting System (Reporting System) database.
The Commission evaluates the test results to determine whether the alerts comply with Commission rules,
including whether the alerts were distributed nationally and whether they were accessible to persons with
disabilities. The test results also identify whether EAS Participants need to make adjustments to enhance
the reliability and reach of their alerts.
What steps can EAS Participants take to improve their participation in EAS and ensure
compliance with the FCC’s rules?
The EAS rules are in sections 11.1 through 11.61 of the Commission’s rules.8
continued: