Recently, NPR National Affairs was notified of stations' concerns over the new requirements of the Emergency Alert System (EAS). Specifically, stations that rely on repeaters to transmit their signal wanted to know if it would be more difficult to obtain waivers for such repeater stations under EAS. Under the old Emergency Broadcast System (EBS), stations who had licensed repeaters (through the Mass Media Bureau) and received a waiver of the "main studio" rule were granted waivers from having a set of equipment at each repeater. These repeaters served to simultaneously transmit a received signal and no local programming originated from them.

 NPR National Affairs and NPR Board member Jon Schwartz contacted the FCC about this issue last week [week of October 1 -ed]. During a conference call with Wayne McKee, Legal Advisor to the EAS Bureau Chief, and subsequent correspondence with the Commission, NPR received the following clarification: 

1) FM booster stations and FM translator stations (licensed as such) are not required to comply with the requirement of the EAS. (Part 11 of the Commission's Rules, 47 C.F.R., Section 11.11 (b))

2) In the past the FCC had granted waivers of the EBS requirements and will continue to do so under the new system for stations not otherwise exempt.

3) For stations retransmitting programming under arrangements that do not meet the definitions of FM booster stations or translator stations and that received waivers of the EBS requirements in the past, the FCC will grant waivers again in such cases as circumstances warrant.

4) Generally, licensees operating as a radio repeater network should find no change in the standard used for granting a waiver. The FCC is, however, engaged in an ongoing process to develop guidelines for other situations under the new EAS.

Licensees operating as a radio repeater network must request a waiver and document that its repeater stations are authorized to operate as claimed. Written requests for waivers should be sent as soon as possible to:

Emergency Alert System
MS 1500
1919 M Street NW
Washington, DC 20554.

The Commission will verify that the operation is acceptable and upon determination that the station meets the conditions noted above, will grant a waiver. 

In a related matter, some stations have heard from their EAS equipment supplier that demand exceeds supplies. The shortage could mean that equipment orders may not be filled by the January 1, 1997 deadline to make the EAS system operational. If your station has encountered such difficulties, the FCC may grant an extension until the EAS equipment becomes available. Again, NPR National Affairs suggests making a formal written request of the FCC for an extension at the address given above.

This notice should not take the place of legal advice and stations are encouraged to seek such advice as they deem appropriate.

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