FCC Issues Additional Information
Regarding November 9, 2011 Nationwide EAS Test and Extends CAP
Compliance Deadline Until June 30, 2012
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November 9, 2011
Nationwide EAS Test The FCC’s Public Safety and
Homeland Security Bureau (“Public Safety Bureau”) has issued additional
information about the first nationwide test of the Emergency Alert System (“EAS”),
which will occur at 2:00 p.m. EST on November 9, 2011 and last for
approximately three minutes. This test
will include transmission of a “live” Emergency Alert Notification (“EAN”)
code to all EAS participants, with a notice to the general public that the
EAS has been activated for a national emergency. While the test will include an audible “this
is a test” notice, the Commission has warned that due to limitations with the
live EAN, the video test message may not include a visual “this is a
test” disclaimer. The November test will
conclude with an End of Message (“EOM”) code, and will not use the Emergency
Action Termination (“EAT”) code. The
Public Safety Bureau said that it understands that use of an EOM code,
instead of an EAT code, during the test will not
require EAS participants to reconfigure their EAS encoder/decoder devices. The “location code” for the
EAS test will be the code for Washington, DC. The Public Safety Bureau said that its
understanding is that most EAS encoder/decoder devices will automatically
forward an EAN with the Washington, DC location code and will not need
additional configuration by EAS participants. If you are uncertain whether your station’s
EAS device will forward an EAN with the Washington, DC location code, the
Bureau suggests that you contact the device’s manufacturer or FEMA’s
Integrated Public Alert and Warning System (“IPAWS”) Office at IPAWS@dhs.gov. While the Commission does
not plan to conduct pre-tests in advance of the November 9 nationwide
test, FEMA is working with some states, EAS participants, and equipment
manufacturers to conduct statewide tests of EAS equipment and procedures in
advance of the nationwide test. Any
questions regarding these pre-tests should be directed to FEMA’s IPAWS Office
or the EAS participant’s state EAS authority as listed in that state’s EAS
plan, which can be found at http://transition.fcc.gov/pshs/services/eas/chairs.html. The Public Safety Bureau
also identified two websites where additional information related to the
nationwide test will be made available: http://www.fcc.gov/public-safety-homeland-security-bureau
and http://www.fema.gov/emergency/ipaws/eas_info.shtm. Now is the time to review
your station’s facilities and EAS equipment to ensure that it is functioning properly
so that you do not need to report any performance issues as part of the
national EAS test on November 9, 2011. CAP Compliance
Deadline Extended The FCC has also extended
the date by which EAS participants must have equipment that is capable of receiving
Common Alerting Protocol (CAP) formatted messages from September 30,
2011 to June 30, 2012. The
Commission extended the deadline, in part, because it has not yet finished
revising its rules to address certain CAP-related equipment certification requirements.
The deadline extension is designed to
allow the Commission time to complete revisions to the EAS rules and for EAS
participants to obtain and properly install new CAP-related equipment. The Commission also
cautioned EAS participants that it is aware some equipment manufacturers are
marketing intermediary devices designed to allow EAS equipment to receive
CAP-formatted alerts in the legacy EAS format. The Commission noted that it has not
determined whether those devices comply with its CAP requirements and urged
EAS participants that have purchased, or are considering purchasing, this
type of equipment to verify with the manufacturer or vendor that the
equipment complies with the current EAS rules. We encourage all recipients
of this memo to share it with their engineering staff and other personnel
involved with EAS operations. If you have any questions
about the upcoming nationwide EAS test, the CAP-related deadline, or the EAS
requirements more generally, please contact any attorney in this office. September 21,
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2011, Lerman Senter PLLC 2000 K Street NW,
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