§ 11.35   Equipment operational readiness.

   (a) EAS Participants are responsible for ensuring that EAS Encoders, EAS
   Decoders,  Attention  Signal  generating  and receiving equipment, and
   Intermediate  Devices  used as part of the EAS to decode and/or encode
   messages formatted in the EAS Protocol and/or the Common Alerting Protocol
   are  installed  so  that the monitoring and transmitting functions are
   available  during the times the stations and systems are in operation.
   Additionally, EAS Participants must determine the cause of any failure to
   receive the required tests or activations specified in § 11.61(a)(1) and (2).
   Appropriate entries indicating reasons why any tests were not received must
   be made in the broadcast station log as specified in § § 73.1820 and 73.1840
   of  this chapter for all broadcast streams and cable system records as
   specified in § § 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS
   Participants must also keep records indicating reasons why any tests were
   not received and these records must be retained for two years, maintained at
   the EAS Participant's headquarters, and made available for public inspection
   upon reasonable request.

   (b) If an EAS Encoder, EAS Decoder or Intermediary Device used as part of
   the EAS to decode and/or encode messages formatted in the EAS Protocol
   and/or the Common Alerting Protocol becomes defective, the EAS Participant
   may  operate  without  the  defective  equipment pending its repair or
   replacement for 60 days without further FCC authority. Entries shall be made
   in the broadcast station log, cable system records, and records of other EAS
   Participants, as specified in paragraph (a) of this section, showing the
   date  and  time the equipment was removed and restored to service. For
   personnel training purposes, the required monthly test script must still be
   transmitted even though the equipment for generating the EAS message codes,
   Attention Signal and EOM code is not functioning.

   (c) If repair or replacement of defective equipment is not completed within
   60 days, an informal request shall be submitted to the Regional Director of
   the  FCC field office serving the area in which the EAS Participant is
   located, or in the case of DBS and SDARS providers to the Regional Director
   of  the  FCC field office serving the area where their headquarters is
   located, for additional time to repair the defective equipment. This request
   must explain what steps have been taken to repair or replace the defective
   equipment,  the  alternative procedures being used while the defective
   equipment  is out of service, and when the defective equipment will be
   repaired or replaced.

   [ 70 FR 71034 , Nov. 25, 2005, as amended at  77 FR 16704 , Mar. 22, 2012;  80 FR 53750 , Sept. 8, 2015]

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Subpart C—Organization

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