Volume 10, No. 4, Pages 1516 to 2080,
`February 6 - February 17, 1995
`
`FCC Record
`
`
`
`A comprehensive compilation of decisions.
`
`reports. public notices and other documents
`of the Federal Communications Commission
`
`of the United States.
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`
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`IBM EX. 1010
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`IBM EX. 1010
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`FEDERAL COMMUNICATIONS COMMISSION
`
`Reed E. Hundt, Chairman
`James H. Quello
`Andrew C. Barrett
`Susan Ness
`
`Rachelle B. Chcng
`
`The contents of this document are subject to correction by means of an erratum
`appearing at a future date in the FCC Record. Users should notify the Secretary of
`errors so that an erratum can be inserted in a later publication.
`
`For sol-mmW 0! Doom 0.8.Gmm 9mm OM“! at nomads-Ion bou-
`
`The appropriate citation for documents printed in the FCC Record should inctude the
`volume number, page number. and year.
`See 47 CPR. Section 1.14.
`Earlier
`Commission documents may continue to be cited to the FCC Reports.
`
`Citatlon Form: 10 FCC Rod 1 (1995)
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`Undue amo- Government Pnnanq Office ‘ WM 0.6.
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`Federal Communications Commission Record
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`Volume 10
`issue 4
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`Table of Contents
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`Table of Cases.............................................
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`:2.
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`Table ofFCCandDelegatwthrityNumbers...............
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`iii
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`Table of localities........................................
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`Other SelecteéMaterial.................................... 1516
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`Table of Docket
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`Table of
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`TablebySubject
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`v
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`vi
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`vii
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`I‘ablabyStatutoryandRulevaisions.....................
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`ix
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`Decisions, Reports, mm Opinions, Orc‘iers, and
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`Before the
`FEDERAL COMMUNICATIONS COMMISSION
`
`Washington, DC
`
`20554
`
`FCC 94-288
`
`In the Matter of
`
`F0 Docket 91-301
`F0 Docket 91-171
`
`__gQRT AND ORDER AND
`THER OTI E
`F PRO
`ED R E MAX
`
`G
`
`Adopted: November 10, 1994
`
`Released: December 9, 1994
`
`Comments Due: February 22. 1995
`
`Reply Comments Due: March 24, 1995
`
`By the Commission:
`
`TABLE OF CONTENTS
`
`Amendment of Part 73,
`Subpart G, of the Commission's
`Rules Regarding the
`Emergency Broadcast System
`
`C. Voluntary participants in the new system
`
`SUMMARY .
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`BACKGROUND
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`A.
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`The current EBS
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`B. Origin of this proceeding
`C. Field tests
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`Paragraph No.
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`1-2
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`MODERNIZING EBS .
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`A. Broadcast participants
`B. Cable participants
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`APPENDIXQ'HE1U(1U1V
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`LIST OF COMMENTERS FOR FO Dkt. 91-171/91—301
`LIST OF REPLY COMMENTERS
`"
`"
`LIST OF COMMENTERS FOR PN F0 "
`LIST OF FIELD TEST GROUPS
`RULES (Parts 0, 11, 73 and 76)
`GLOSSARY OF TERMS
`EQUIPMENT REQUIREMENTS AND TIMETABLE
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`TECHNICAL STRUCTURE OF THE NEW SYSTEM .
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`Mandatory protocol
`Prohibition of false and deceptive codes
`Equipment requirements
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`Two-tone alert signal
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`Monitoring requirements
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`Automation
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`Test requirements .
`Cost of an enhanced emergency system
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`OPERATIONAL ASPECTS OF THE NEW SYSTEM .
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`A. National procedures .
`E. State and local area procedures .
`C. Advisory committee
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`FEMA/NWS/FCC/industry coordination
`E.
`Instructional services
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`FURTHER NOTICE OF PROPOSED RULE MAKING
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`A. Further issues regarding cable systems
`B. Services under further consideration .
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`IMPLEMENTATION TIMETABLE
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`CONCLUSION
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`PROCEDURAL MATTERS
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`ORDERING CLAUSES
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`78-81
`82-84
`85-94
`95-96
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`100—106
`107-114
`115-127
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`128-146
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`130
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`131-135
`136-138
`139-140
`141-146
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`147-163
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`147-153
`154-163
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`164-170
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`171-173
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`174-183
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`184-189
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`APPENDIX
`APPENDIX
`APPENDIX
`APPENDIX
`APPENDIX
`APPENDIX
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`I. SUMMARY
`
`In a Further Notice of Proposed Rule Making ("FNPRM")
`2.
`we seek comment on how services such as the Multipoint
`Distribution Service (MDS)1, Satellite Master Antenna Television
`(SMATV), and Video Dial Tone should participate in the new EAS.
`We also seek further comment on whether we should waive our EAS
`
`requirements for a defined class of "small" cable systems.
`
`II. BACKGROUND
`
`In 1951 President Harry S Truman established CONELRAD
`3.
`(Control of Electromagnetic Radiation) as the first national
`alerting system. Under CONELRAD, AM radio stations were required
`to broadcast only on 640 or 1240 kHz during an emergency alert to
`the public so that enemy missiles could not use transmissions
`from broadcast stations as a guide for their targets.2 By the
`early 1960’s the development of missile guidance systems made the
`two channel limitation obsolete.
`
`In 1963 President John F. Kennedy established the
`4.
`Emergency Broadcast System and allowed stations to transmit on
`their normal frequencies during an emergency. Technical
`requirements for EBS equipment were developed in the 1960's and
`included an audio/analog two-tone alerting signal.
`It was not
`until the mid-1970's, however,
`that the Commission amended its
`rules to replace the CONELRAD signalling technique with the
`existing EBS audio signal.
`In 1976, a Memorandum of
`Understanding (MOU) between the Federal Communications Commission
`(FCC or Commission),
`the Federal Emergency Management Agency
`
`By this action, we establish the Emergency Alert System
`1.
`(EAS), which will replace the existing Emergency Broadcast System
`(EBS). We require broadcast stations and cable systems to
`install and operate new equipment for national alerts while
`relaxing some requirements for noncommercial educational Class D
`FM stations and low power television stations. Satellite, Direct
`Broadcast Satellite (DBS),
`telephone and cellular carriers, and
`other service providers are encouraged to voluntarily
`participate.
`A standard protocol and new digital codes are
`adopted that will facilitate different technologies using the new
`system. Finally, procedures are streamlined so that more
`participants can work together effectively during emergencies.
`
`6 FCC RCd 4264 (1991).
`
`1 These frequencies when used to deliver video programming
`are referred to as "wireless cable" services.
`See 47 C.F.R. Part
`
`21, Subpart K.
`
`2 See Executive Order 10312, Dec. 10, 1951.
`Docket 91—171,
`
`See also F0
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`(FEMA), and the National Oceanic and Atmospheric Administration's
`(NOAA) National Weather Service (NWS) endorsed the two—tone EBS
`audio signal for use in state and local emergencies. This MDU
`was updated in 1982 to reflect the reorganization of FEMA.3
`
`6. Our authority to regulate participation by cable systems
`in the emergency alerting process, on the other hand, stems
`primarily from Section 624(g) of the Communications Act, 47
`U.S.C.
`§ 544(g), see paras. 50-65,
`infra. That provision
`requires the Commission to ensure that cable viewers are afforded
`the same access to emergency communications as broadcast viewers
`and listeners. we also note that the Americans with Disabilities
`
`§ 12101, et seg., aims to "make all facets of our
`Act, 42 U.S.C.
`society fully accessible to individuals with disabilities.“‘ Our
`rules'adopted herein comport with that goal as well.
`
`A.
`
`The current EBS
`
`The current EBS is composed of technical equipment and
`7.
`an operational structure which provides guidance to those
`broadcast stations and others who participate in EBS.
`It is a
`joint government—industry effort which responds to a Presidential
`requirement to address the entire nation on very short notice
`because of a grave national threat.
`It uses the.facilities of
`the communications industry,
`including 13 radio and 5 television
`networks, 12 cable networks,
`the Associated Press, Reuters and
`United Press International wire services, and over 13,000
`broadcast stations.5
`
`Our authority to regulate emergency broadcasting
`5.
`emanates primarily from Sections 303(r) and 706(c) of the
`Communications Act, 47 U.S.C. §§ 303(r) and 706(c). Section
`303(r)
`is a general grant of rulemaking authority to the
`Commission. Section 706 grants specific, communications-related
`powers to the President in time of war or national emergency.
`In
`such event,
`the President may, for example,
`take control of, or
`suspend or amend the rules and regulations applicable to, any or
`all stations within the Commission's jurisdiction. Our EBS rules
`are designed to enable the President to exercise these powers
`quickly and efficiently.
`
`remote
`
`3 See MOU dated June 28, 1976; revised April 21, 1982.
`
`‘ Comments of the National Center for Law and Deafness,
`November 24, 1993, at 5.
`
`is a
`5 The Broadcast Station Protection Program (BSPP)
`program funded by the Federal Emergency Management Agency (FEMA)
`that enhances the operating capability of key EBS stations.
`The
`program provides these stations with emergency generators,
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`Technically, EBS is an analog transmission system in
`8.
`which broadcasters are required to have specified equipment and
`relies upon operator control. During an alert, EBS equipment
`transmits audio EBS messages after receipt of a two~tone
`attention signal, which activates the decoder/receiver at a
`broadcast radio or TV station.
`The EBS station operator must
`listen to the audio message coming out of the speaker (of the
`decoder/receiver) to determine the reason the EBS signal has been
`transmitted.‘
`If the audio message was a test of the system,
`the
`test date and time are logged.
`If the message is for a national
`emergency,
`they must alert the public.
`If the message is for a
`state or local emergency, responding personnel have a number of
`options,
`including ignoring or rebroadcasting the message.
`
`from one station to another.
`
`3 See Section V.B.
`
`in this Order.
`
`"Daisy chain" monitoring refers to the present day system
`9
`where key stations relay EBS messages with the two-tone signal
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`The Commission requires the use of EBS only in the
`9.
`event of a national emergency. State and local authorities,
`however, may request use of the EBS to provide early warning to
`communities about regional, state, county, and local emergencies.
`More than 20,000 activations of the EBS have been reported since
`.19757, and every state and territory has used it. State and
`Local Emergency Communications Committees (SECC and LECC)s are
`responsible for the development of plans which detail procedures
`for stations and officials to follow for activation of the EBS.
`
`Broadcast stations have voluntarily made increasing use of EBS
`since the system was allowed to be used for local emergencies.
`
`The current EBS has several significant drawbacks.
`10.
`First,
`the equipment relies on the broadcaster who receives the
`initial alert to alert other broadcasters in a "daisy chain."9
`
`pickup units, electromagnetic pulse protection, and other
`facility add—one in order to enhance the stations' ability to
`continue to operate in an emergency. There are over 600
`broadcast stations in the BSPP.
`
`‘ The two-tone Attention Signal generated by the encoder
`does not carry any intelligent information.
`It merely turns on
`or activates the decoder/receiver.
`
`7 The Commission does not require stations to report EBS
`activations. Our figures represent only those activations which
`have been voluntarily reported. We believe, based on informal
`conversations with licensees,
`that thousands of additional alerts
`have been issued.
`
`

`

`The daisy chain is often unreliable, as stations are completely
`dependent on the station they monitor to activate the EBS system.
`If the key "upstream" station fails to activate, stations further
`down the chain are not alerted to the emergency and,
`therefore,
`cannot
`inform their audiences. There has been no monitoring of
`multiple sources for emergency alerts.
`In addition, operators
`must be trained in EBS activation procedures in order to send and
`receive emergency notifications.
`
`Second, much EBS equipment dates back several decades.
`11.
`Very few manufacturers produce repair parts for EBS equipment.
`If a broadcaster had to purchase replacement EBS equipment, the'
`replacement costs would be comparable to the cost for new digital
`equipment. Moreover, even if the current equipment could be
`economically maintained, cable participation in EBS would be
`severely handicapped because the present signalling scheme does
`not lend itself to unattended operation.”
`
`the EBS can still
`12. Third, when an emergency strikes,
`fail even if the alert is forwarded to the next station in the
`
`the equipment is working properly, and the operating
`chain,
`personnel are knowledgeable because the current EBS relies on
`station personnel to acknowledge and relay the alert, which can
`cause critical delays.
`Seconds may mean the difference between
`life and death during sudden emergencies such as tornadoes, flash
`floods, hazardous chemical spills, and nuclear accidents.
`In
`addition, current EBS equipment does not allow participants to
`alert the public selectively in the event of an emergency.
`For
`example, an EBS alert warning of a flood may be of little value
`to listeners located in more distant locations. These
`
`“ gee letter from NOAA, NWS to FCC, May 20, 1994.
`
`disadvantages of the EBS have become more apparent as
`communications technology has advanced, and have contributed in
`part to our determination to examine more closely the
`the
`modernization of the system. After every major disaster,
`National Oceanic Atmospheric Administration (NOAA) conducts a
`survey to determine the effectiveness of warning systems.
`Approximately 80 percent of these surveys have indicated the need
`for improvements in the EBS because of deficiencies inherent in
`the old system.u
`
`B.
`
`Origin of this proceeding
`
`m Cable system facilities are predominantly unattended, and
`headends are frequently located in remote areas. As noted above,
`the current EBS system depends on manual intervention by trained
`personnel to pass an alert to additional broadcast stations and
`to inform the public of an emergency.
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`In 1989 the National Association of Broadcasters (NAB)
`13.
`petitioned the FCC for a rule making to shorten the two-tone
`audio alerting signal and to revise other operational aspects of
`the EBS.n
`In 1991,
`the Society of Cable Television Engineers
`(SCTE) established an EBS working group to explore the most
`efficient and cost effective manner to reach their cable
`
`subscribers during an EBS alert.
`
`14. Since 1991 there have been four Commission actions
`
`On June 13, 1991, we adopted
`examining the modernization of EBS.
`a Notice of Inquiry (Ng;)to solicit comments on new technology
`and equipment that would improve EBS.B On October 9, 1991, we
`adopted a NOIZNgtice of Proposed Rule Making (NPRM)
`to solicit
`comments on the NAB petition to shorten the two-tone signal and
`to propose a rule to prohibit false use of the EBS signal.“
`
`C.
`
`Field tests
`
`In December, 1992, we invited equipment manufacturers
`16.
`to demonstrate their alerting equipment and prototypes at the
`
`” See Petition for Rule Making (RM-7188), filed by the
`National Association of Broadcasters.
`
`“ Notice of Inquiry, F0 Docket 91-171,
`(1991).
`
`6 FCC Rcd 4264
`
`“ Notice of Inquiry/Notice of Proposed Rule Making, F0
`Docket 91-301, 6 FCC RCd 6739 (1991).
`
`” NPRMlFNPRM, F0 Dockets 91-301/91-171, 7 FCC Red 6903
`(1992).
`
`15. On September 17, 1992, we adopted a NPRMZFurther Notice
`of Proposed Rule Making (NPRMZFNPRM), F0 Dockets 91-301/91-171,
`consolidating the earlier proceedings and seeking further
`comments on proposals to update the technical and operational
`features of the EBS.“ On November 12, 1992, we issued a Public
`Notice addressing a requirement in the Cable Act of 1992 to
`include cable in EBS and invited commenters to discuss this
`requirement when filing comments to the NPRMZFNPRM.m We received
`63 comments and 17 reply comments in response to the consolidated
`NPRMLFNPRM."
`
`listed in Appendices A and B.
`
`” Public Notice, DA 92-1497, November 12, 1992.
`
`” Commenters and reply commenters to the NPRMZFNPRM are
`
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`Commission." Eleven manufacturers participated. This
`demonstration showed that newer technologies were available and
`
`effective to create more advanced emergency communications
`equipment.
`
`The Western Field Test was conducted June 27 through
`18.
`June 30, 1993,
`in Denver.22 More than 75 representatives from
`broadcast stations, cable systems, satellite companies, emergency
`management offices, consulting engineering firms, amateur radio
`organizations, and manufacturers of alerting equipment and
`consumer end products, voluntarily provided their own personnel
`and resources for the tests.
`
`“ See Public Notice No. 30336, October 29, 1992,
`Hold Exhibit of Various Emergency Alerting Systems."
`
`"FCC To
`
`” Public Notice No. 31623, February 3, 1993. More than 150
`representatives and observers from broadcasting, cable,
`satellite, other communications transmission means, emergency
`management, equipment manufacturers, and government agencies
`participated in these tests.
`
`” The various tests were meant to be exemplary and not
`inclusive of every proposal in the NPRMZFNPRM.
`See Appendix D
`for list of participants in the Western and Eastern field tests.
`
`“ More than 35 devices were demonstrated during the tests.
`While the tests were not represantative of all aspects of our
`proposed system,
`they did indicate that the equipment tested had
`the capability of delivering alerting messages in many kinds of
`environments.
`
`.
`17. We determined that further testing would reveal the
`best methods to integrate various technologies,
`the compatibility
`of different prototype equipment, and verify the robustness of
`the proposed digital protocols. We invited interested parties to
`participate in field testing of the proposed EBS system.” An
`Eastern and a Western field test were scheduled. Plenary
`meetings for the tests began in March 1993. These meetings
`involved manufacturers,
`industry members, and government
`officials.
`Each test was headed by a state EBS coordinator who
`worked with the group to design the tests.
`The testing was based
`on the proposals presented in the NPRMZFNPRM and drew on the
`expertise and experience of each participant.” The field tests
`documented the capabilities of existing or prototype equipment to
`deliver emergency communications.“
`
`Western Field Test results referenced therein.
`
`” See Public Notice, DA 93-1211, October 6, 1993, and the
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`In—band, subcarrier, satellite, HF radio, VHF, UHF,
`19..
`microwave, and telephone were the primary transmission modes/’/,
`tested. Three focus groups and one composite focus group offered
`
`some insight into audience perception of the systems and
`equipment.23
`
`20. The Eastern Field Test was conducted September 12,
`through September 15, 1993,
`in Baltimore.24 The tests
`1993,
`involved more than 60 representatives from government,
`industry,
`and manufacturing. Technical/emergency management personnel and
`others served as official observers to record the test results.
`Testing sites included the State Emergency gperation Center,
`experimentally licensed AM and FM stations,
`FCC field
`facilities,
`the National Weather Service office, a cable head-
`end, existing AM and FM stations, and Spanish language television
`and radio stations.
`
`Appendix C.
`
`21. The goals of both tests were to examine the ability of
`broadcast, cable, satellite, and other means to transmit digital
`information,
`to test Speed,
`redundancy and reliability factors,
`to determine operator needs for equipment responsiveness,
`to test
`as many of the parameters in the NPRMZFNPRM in different
`situations as feasible, and to experiment with an architecture
`broad enough to encompass other technologies as they become
`available.
`In response to the field testing, we received 42
`comments and 9 reply comments.“
`
`22.
`
`The test data demonstrated that
`
`(1) monitoring of
`
`” See Dr. Dennis Mileti's report in the Western Field
`Tests, pp. 484-511.
`The general group consensus was that there
`was no objection to devices that turned receivers on and off in
`the event of a real emergency;
`that testing should not be
`overused; and that there was a place for devices that flashed or
`radiated light to draw attention to the source of information.
`
`“ See id., discussion on the Eastern Field Test results.
`
`” These stations were specially licensed by the FCC to Mr.
`Morris Blum, Chair of the Maryland Emergency Communications
`Committee, so that tests could be conducted continuously on-the-
`air and not disrupt an existing station’s operations or
`programming.
`
`S_e_§ Public Notice DA 93-1211, October 6, 1993, which
`2‘
`invited interested parties to review and comment on the results
`of the field tests. Commenters and reply comments are listed in
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`tmultiple sources of emergency information was successful in
`proViding reliability and redundancy;
`(2) a small geographic area
`could be alerted without affecting other areas;
`(3)
`transmissions
`could be‘easily relayed from point—to—point via different
`transmission means;
`(4) equipment could automatically receive,
`store, and forward alerts and messages;
`(5)
`in-band and
`subcarrier transmissions could coexist;27 (6) satellite and cable
`technology could interface with the EAS digital transmission
`scheme;
`(7) mobile reception of in-band and subcarrier were
`equally susceptible to multipath, distortion, shadowing, and
`other propagation anomalies; and (8) consumer radio receiver
`equipment could turn itself on from an "off" position in response
`to broadcasters' digital signals, such as Radio Broadcast Data
`System (RBDS) signals.
`
`§ 11.31.
`
`The field tests clearly showed that the current EBS was
`23.
`of limited utility compared to capabilities offered by the new
`generation of digital equipment.
`The tests also conclusively
`demonstrated that digital messaging for emergency alerting was
`feasible regardless of the transmission link or operating
`environment tested.
`The digital coding schemes used during the
`tests were more technically demanding than the EAS codes which we
`adopt by this Order.” We found that transmission media
`traditionally associated with analog modulation,
`like AM
`broadcasting, were suitable for carrying digital information.
`Furthermore, we realized the significant possibilities of
`alerting using digital communications technologies, such as those
`used by some subcarriers, pagers, computers and satellite
`systems.
`
`The tests confirmed that many types of transmission
`24.
`systems could be links in the EAS network, because they all were
`capable of digital signalling and interfacing.
`The tests showed
`that there was a place in emergency alerting for each
`transmission system because the systems complemented each other
`in delivering alert messages. Thus, we found that every
`technology and service had advantages, and each could fill
`particular needs.
`
`25. There has been significant growth and improvement in
`emergency communications prototype equipment since the December
`1992 demonstration and the field testing. Emergency managers,
`deaf and hard-of-hearing persons, Spanish language participants,
`and blind persons have given important feedback to the
`
`” Subcarrier transmissions do not interfere with the main
`channel programming, and therefore information can be transmitted
`without interfering with regular programming.
`
`” See Appendix E,
`
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`

`.
`manufacturers.” Cable equipment suppliers have worked to
`optimize the video display for television. During the course of
`the two tests, over 35 equipment prototypes were used, which
`indicates that manufacturers will be able to offer a wide range
`of equipment to broadcast stations and cable systems. Our tests
`also showed that satellite equipment manufacturers could offer
`emergency communications for mobile uses and other
`configurations.
`
`III. MODERNIZING EBS
`
`26. During this proceeding the Commission has held regional
`workshops and numerous meetings with the telecommunications
`industry, manufacturers, state and local emergency officials and
`others to discuss the technical and operational aspects of
`modernizing EBS. More than 225 entities have filed comments
`since this proceeding began in 1991.
`
`27. We examined more than 20 issues in the NPRMZFNPRM. The
`key issues include:
`(1) requiring cable to be a participant.
`(2)
`designing equipment that can interact with all technologies,
`(3)
`permitting automation,
`(4)
`reducing dependency on single station
`monitoring,
`(5)
`reducing on-air EBS testing, and (6) shortening
`the two-tone alerting signal.
`The decisions on these and other
`items are discussed below.
`
`communicating critical information to the public.
`
`Is There A Need for An Emergency Broadcast System? A
`28.
`threshold question is whether the Commission should continue to
`require an EBS or similar alerting system. Since the early
`1950's,
`the installation of alerting equipment has been mandatory
`in order to provide the President with the capability to transmit
`national emergency information to the general public.30 This
`requirement has been reaffirmed by every Administration since
`President Truman. We are fortunate in not having had an
`emergency requiring use of that capability.
`The fact that we
`have not had to use EBS for a national alert, however, does not
`necessarily support a determination to abandon the concept of an
`emergency warning system. As discussed further below, we
`continue to believe that maintaining such capability is in the
`public interest.
`Indeed, based on the history of this proceeding
`and of the EBS generally, we believe that effective emergency
`warning systems can reduce life and property loss and that
`
`” See generally comments of Self Help for Hard of Hearing
`People, October 22, 1993 and of the American Council of the Blind
`of Maryland, November 11, 1993.
`
`“ Alerting equipment is most frequently used to provide
`federal, state and local government officials a means of
`
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`effectiveness and timeliness are clearly linked.fl
`
`30. Can the EBS be Improved or Mnst it be Replaced? The
`NPRMZFNPEM proposed to modernize the EBS by requiring replacement
`of the old equipment with equipment capable of interacting with
`multiple mass communications technologies. Our review of the
`existing EBS indicated that there are enough serious shortcomings
`to warrant its replacement by a new Emergency Alert System (EAS).
`Of those commenters addressing this issue, virtually all
`supported the need for changing EBS.
`The shortcomings of EBS
`
`In the NPRMZFNPRM, we pointed out that the new equipment
`“
`would contribute to reducing the time it takes to disseminate an
`emergency message, and therefore, new equipment could reasonably
`be expected to yield a disproportionately large gain to the
`public interest.
`
`” gee ex parte letter of the National Association of
`Broadcasters to Chairman, FCC, April 29, 1994, and the Press
`Release of the Department of Commerce,
`"New Hazardous Weather
`warning System," March 31, 1994.
`
`29. One commenter has questioned the need to modernize or
`replace the EBS and has suggested instead that EBS may not be
`necessary if there is greater use and expansion of the National
`Weather Service (NWS) NOAA weather Radio (NWR) network as a
`replacement.” The Federal Emergency Management Agency (FEMA)
`also maintains warning systems. The FEMA and NWS systems,
`including NWR, and EBS, complement each other to form a cohesive
`warning structure. Each system working alone cannot do the job.
`NOAA Weather Radio alone does not have the coverage capabilities
`to reach all of the nation's populace.
`FEMA's systems interface
`mainly with other government agencies,
`including state and local
`emergency organizations.
`The EAS needs to have the emergency
`information from the above agencies. Working together,
`the three
`agencies provide federal, state and local agencies with a means
`to alert the public to all orders of emergencies. Radio and
`television broadcast stations currently reach nearly every part
`of the country, often with several stations. There are radios
`and televisions in virtually every home and business.
`In order
`to receive NWR broadcasts,
`the consumer must buy a special radio.
`Penetration of NWR receivers into homes is not comparable to that
`of standard radios and televisions.” We therefore do not believe
`that the NWR is a realistic alternative.
`
`Field Operations Bureau, September 13, 1994.
`
`” As one of the three agencies responsible for EBS, NOAA
`NWS has participated in this proceeding and has supplied
`extensive information to the Commission.
`gee, e.g., letter from
`Assistant Administrator for Weather Services, NOAA,
`to Chief,
`
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`most commonly identified in the comments were the age and
`inflexibility of current equipment and the fact that it does not
`work with new mass communication technologies such as cable. As
`commenters overwhelmingly agreed,
`the existing EBS mechanism is
`vulnerable to operator error and at times has failed to deliver
`timely information to the public.“4
`It also appears that the cost
`of replacing existing EBS equipment would equal that of new EAS
`equipment with superior capabilities and lower operating costs.
`
`The majority of commenters agreed that it was no longer
`31.
`cost effective to invest in the current equipment. This
`perspective was best expressed by a joint filing of several state
`broadcast associations which stated:
`"We recognize that the new
`EBS improvements will cost us some money, but our consensus is
`that EBS is broken and needs to be modernized."” Another system
`participant commented: "While we realize that the modernization
`might create some additional cost, we believe such cost could be
`minimized by utilizing equipment with modular or highly
`integrated construction."“
`
`“ Seel e.g., comments of Delaware Department of Public
`Safety, November 17, 1992, at 1.
`
`” See ex part: letter from the New Jersey Broadcasters
`Association,
`the Connecticut Broadcasters and the South Carolina
`Broadcasters Association to Chairman, FCC, December 3, 1993, at
`1.
`
`32; One state broadcasters’ association stated, “The system
`selected must work in seconds, must work every time and should
`require little or no broadcast operator intervention."" Other
`commenters were particularly hopeful that new equipment might
`alleviate common problems.
`"[W]e routinely incur problems with
`poorly trained operators after hours, or operators not at their
`usual positions 'to take the call'."” we agree with these
`commenters that it is impractical to rely on the current EBS
`equipment and operating procedures or to attempt to upgrade them
`using the existing analog EBS technology. We further believe
`that replacement of existing EBS equipment with a new generation
`of digital EAS equipment better complies with our statutory
`mandate to provide adequate communications facilities that
`
`Safety, November 17, 1992, at l .
`
`“ Comments of Cap Cities/ABC Inc., January 15, 1993, at 8.
`
`” Comments of South Carolina Broadcasters Association,
`January 8, 1993, at 1.
`
`” Comments of State of Delaware, Department of Public
`
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`enhance national defense.” Replacement of EBS will ultimately
`result in an alerting system that will function seamlessly with
`many sources of emergency communications.
`In view of the reasons
`discussed above, we will replace, rather than attempt to improve,
`the EBS.
`
`33. We are confident that the new equipment will be a
`better overall value than the current equipment because it
`permits automated operation,
`is reliable, and should be usable
`for a longer period of time due to its digital nature.40 We
`weighed the advantages of a new system versus the costs of
`repairing and upgrading the EBS system, and find that requiring
`new equipment is clearly preferable.
`
`The new system will not be limited to a particular
`34.
`transmission system such as analog broadcasting.
`No one
`transmission system could,
`in isolation, sufficiently achieve our
`goals for EAS. We agree with the concerns of most commenters
`that to select one system to the exclusion of others would create
`problems of incompatibility. Although some commenters and
`participants in the field tests preferred a particular
`transmission system, such as REDS,
`there was no clear consensus
`by commenters on a preferred transmission system. We believe that
`by not choosing or favoring one transmission mode over others,
`the resulting alerting system will offer the most flexibility to
`system participants and also be in the best interest of the
`public and system participants.
`
`also viewed as unreliable.
`
`The extraordinary diversity of technologies available
`35.
`to be used in an alerting system suggests a need for an
`architecture that can accommodate all the proposed media
`distribution schemes. Therefore, as the foundation for the new
`EAS, and as discussed more fully below, we will adopt a mandatory
`standard digital protocol with a flexible architecture usable by
`
`‘
`
`EBS is also authorized by
`” gee 47 U.S.C. §§ 151 and 606.
`a Presidential Statement of Requirements dated October 17, 1990
`and is cited in the 1992 Cable Act as supporting the national
`defense and s