§  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. If the message is a video
   crawl, it shall be displayed at the top of the television screen or
   where it will not interfere with other visual messages.

   (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. If the visual message is a video crawl, it shall be
   displayed at the top of the subscriber's television screen or where it
   will not interfere with other visual messages.

   (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. If the visual message is a video crawl, it shall be
   displayed at the top of the subscriber's television screen or where it
   will not interfere with other visual messages.

   (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. If the visual message is a video crawl, it shall be
   displayed at the top of the subscriber's television screen or where it
   will not interfere with other visual messages.

   (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 must be transmitted
   immediately and Monthly EAS test messages 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 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/ib
   r_locations.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]

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