NAB Files Comments in FCC's EAS-CAP Proceeding

On August 4, NAB and a number of parties filed reply comments in the FCC’s current EAS proceeding. This Third Further Notice of Proposed Rulemaking in EB Docket No. 04-296 was released on May 26, 2011 and posed a number of questions and tentative conclusions about how the Commission should update Part 11 of the Rules to incorporate the introduction of the Common Alerting Protocol (CAP). (See Radio TechCheck from June 6, 2011.)

In our reply comments we reiterated our position on a number of issues raised in our comments (see below). NAB also pointed out that there is considerable agreement among many of the parties that filed comments on a number of matters particularly with regard to extending the September 30 CAP compliance deadline. In fact, NAB along with the State Broadcasters Associations representing all fifty States and the District of Columbia, the Broadcast Warning Working Group (“BWWG”), National Cable and Telecommunications Association (“NCTA”), American Cable Association (“ACA”), National Public Radio(“NPR”), Association of Public Television Stations (“APTS”) and the Public Broadcasting Service (“PBS”) filed a Petition for an Expedited Further Extension of the 180-day CAP compliance deadline. This petition, filed on July 29, asked the FCC to quickly consider the deadline extension separate from the other matters in the rule making proceeding.

In our comments July 20, 2011, NAB supported the FCC’s transitional approach in which the existing SAME-based EAS is retained for the foreseeable future while a next generation CAP-based EAS is implemented as a parallel mechanism. We urged the Commission to adopt flexible Part 11 rules. For example, the rules should not be over prescriptive by specifying a particular technology for EAS monitoring (such as RSS feeds) but rather, the rules must accommodate continuing technological advances in EAS monitoring methods.

In addition, we stated that the Commission should not require the current CAP capable gear to undergo an FCC equipment certification process but requested that the Commission rely on the EAS equipment conformance testing process already established by the Federal Emergency Management Agency (FEMA), and take into account the fact that CAP-compliant equipment has been available on the market for approximately two years. Many broadcast EAS Participants have already purchased and installed this equipment. NAB stated that any changes to the Part 11 rules should not cause this equipment in the field now to be deemed non-compliant.

With regard to state-level EAS messages, NAB reiterated our concern with the delegation of mandatory EAS activations below the gubernatorial level. We continue to believe that only the governor or his/her single designee, as specified in a Commission-approved State EAS Plan, should be permitted to issue an EAS alert. Granting the power to issue an EAS alert to multiple state officials could lead to unnecessary alerts, public confusion and possibly public desensitization if multiple alerts are triggered for the same event.

Finally, NAB requested that the current September 30, 2011 deadline for when EAS Participants must be able to accept CAP-formatted EAS messages be extended to 180 days following the effective date of the rules adopted in this proceeding. The current deadline will not allow broadcasters sufficient time to consider the rules ultimately adopted in this proceeding in their decisions to identify and purchase EAS equipment that best suits their particular needs. There is also the continuing uncertainty as to whether the Commission will implement its own equipment certification program, separate from FEMA’s conformance testing, or whether the Commission may revise any Part 11 rules in a way that requires manufacturers to alter their design specifications, or perhaps even require EAS Participants already in possession of installed EAS equipment to refurbish their equipment in some way.

NAB comments, reply Comments and the Petition, as well as the submissions of other parties are available on the FCC’s Electronic Comment Filing System. Type 04-296 in the proceeding number box to view all the submission in the docket.

FEMA IPAWS to Hold Next Web Events on Nationwide EAS Test

When: August 15, 2011
11:00 a.m. – 1:00 p.m. (EDT)
Where: Microsoft Live Meeting 2007 (Not active until the morning of August 15)

The FEMA Integrated Public Alert and Warning System (IPAWS) office has announced the next EAS Participant Virtual Roundtable: Are You Ready for the Nationwide EAS Test?

This virtual roundtable which will include representatives from the Federal Communications Commission (FCC), National Oceanic and Atmospheric Administration (NOAA) and industry will share, build and refine elements of the best practices guide with industry; discuss overall improvements to the system through coordinated State/local and EAS Participant activities; share and discuss an EAS Test public awareness and information toolkit for State, Territorial, and local government and EAS Participants; review the technical process to receive and relay the EAN and conclude with elements of an EAS Test Preparation Checklist.

IPAWS will briefly recap elements of the best practice guide and discuss a variety of topics with virtual roundtable participants, including:

To contribute to the best practices guide? Please visit A National Dialogue on the Emergency Alert System website to vote on ideas and solutions for a variety of EAS discussions. Ideas from the website will be directly discussed in virtual roundtable on August 15. Follow this on Twitter @NationalEASTest for events and information updates.

For more information on the Nationwide EAS Test, please visit the FEMA IPAWS website.