EAS Test Reporting Form One Due February 28, 2023

The EAS Test Reporting System (ETRS) is open to accept Form One filings that are due by February 28, 2023. Filers can access ETRS by visiting the ETRS page of the FCC’s website at https://www.fcc.gov/general/eas-test-reporting-system. It is mandatory for EAS Participants to update their technical identifying information annually using Form One.

Form One is the first of three forms most broadcasters are required to file in connection with testing of the Nationwide EAS system to evaluate its ability to distribute emergency alerts to the entire country. ETRS Form One collects basic identifying information (such as contact person at the station and model of EAS equipment used) before the nationwide EAS test is conducted. Form One will automatically populate with information from prior filings. EAS Participants should review and confirm the information entered is up to date and accurate.

All broadcasters are required to register and file in ETRS, including Low Power FM stations (LPFM), Class D non-commercial educational FM stations, and EAS Participants that are silent pursuant to Special Temporary Authority. Stations exempted from filing in ETRS include analog and digital low power television (LPTV) stations that operate as broadcast translator stations, FM booster and translator stations, and stations operating as satellites or repeaters that entirely rebroadcast the programming of a “hub station” that registers and files in ETRS.

FEMA did not conduct a nationwide EAS test in 2022 and has not yet announced a 2023 EAS test date. The test is expected to be held later this year following the close of the Form One filing period. Form Two must be filed following the national EAS test to confirm whether a station received the alert. Form Three is filed for participants to provide more detailed information about their receipt and retransmission of the national EAS test.

The Public Notices announcing the February 28, 2023 deadline to file Form One note that the Commission’s rules require participants to renew their identifying information “on a yearly basis . . . before the announcement or conduct of the next nationwide EAS test.” To date, fines have not been issued to stations that fail to file the required reports, but broadcasters should be aware that the FCC has admonished EAS Participants that do not file their required Form One and that forfeitures might begin to be issued to EAS Participants given the requirement to register and file their EAS forms.

If you have questions about the nationwide EAS test or the required filings, please contact an attorney in Media practice group.