EAS COUNTDOWN:
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Download the AM&FM EAS Handbook from the FCC's EAS HANDBOOK PAGE
(the FCC recommends using the free Adobe Acrobat Reader)

A Quick EAS Q&A with Bill Fawcett
13 More EAS Q & A
Detailed Rules for the New Emergency Alert System from The law firm of Pepper & Corazzini, LLP

Hear the October '96 Interconnect with the FCC's Frank Lucia
A Short list of EAS Vendors
Further EAS Reading

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NPR NATIONAL AFFAIRS
TO: Authorized Representatives
FR: Betsy Laird, NPR National Affairs
DT: April 2, 1997
RE: FCC FOLLOWUP TO NPR MEETING ON EAS WAIVERS

NPR staff met with Frank Lucia, the FCC's Director of Emergency Communications, on Friday, March 21 to discuss EAS waiver requests. We had heard from a considerable number of stations who had received a letter from the FCC in response to their waiver requests. Stations were confused by the letter, which initially stated their request had been denied, then went on to say that the FCC was granting a one year extension of time until January 1, 1998 before EAS equipment requirements applied to individual satellite stations. The form letter also said during this period the FCC would review requests for exemptions for satellite stations on a case-by-case basis. The letter mentioned some of the factors the FCC would use to make its determination.

At the March 21 meeting, Mr. Lucia clarified that the 2-page form letter that stations have received does not constitute a denial of their request (even though the letter states otherwise.) NPR requested that the FCC issue a public notice clarifying the status of the waiver requests. Mr.Lucia agreed to do so and told us to expect such a notice in the next few weeks.

Earlier this week we learned that the FCC had decided not to issue a public notice. Instead, we have received a letter from Mr. Lucia "that can be distributed to all concerned." The relevant text is in bold (sic) and contained below:

I want to clarify some issues in the form letter that was sent to all stations requesting a waiver. We state in the letter that we are denying an exemption for satellite stations and are granting a one year extension of EAS equipment requirements. That does not mean that there will be no waivers issued. It means that the Commission will allow satellite stations a one year reprieve from EAS equipment requirements while we examine, on a case-by-case basis, their request for a waiver. The letter authorizes a one year provisional waiver that can be extended or terminated.

We will be using the following criteria in examining each waiver request.

1. Station is a licensed translator station and therefore exempt from EAS requirements.

2. Station has a main studio waiver from the FCC's Mass Media Bureau.

3. Station does not originate any programming; it relays programming from a network control point. The network control point complies with all EAS requirements.

4. Station city of license is in the same EAS Local Area as the network control point.

5. Station city of license is in a different EAS Local Area than the network control point but the control point can monitor the EAS assignments required of the station.

6. Any other factors that are relevant to the EAS operations of the station.

Based on the foregoing, it appears that the form letter stations have received does not constitute a denial of their waiver request, even though the letter states that "we are denying an exemption for satellite stations." NPR continues to believe that an FCC Public Notice clarifying the matter is warranted.

In the absence of a Public Notice, we want to remind you that each station is and will be responsible for compliance with the EAS rules. Each station should therefore take whatever steps it deems appropriate to maintain its waiver request.

Specifically, if the 30-day window during which to "appeal" an FCC staff action has not expired and you believe that you have supplied sufficient information to justify an EAS waiver, you should consider filing a Petition for Review with the full Commission,
or
you believe that you need to provide additional information in light of the criteria listed above, you should consider filing a Petition for Reconsideration with the FCC's Compliance and Information Bureau.

If, on the other hand, the 30-day window has expired, you should consider filing a new waiver request.
While it is unlikely that the FCC will treat the 2-page form letter as a denial of a waiver request, we cannot assure stations that the FCC will not do so.

NPR continues to work with the FCC and hopes to resolve this procedural matter. For those attending the NAB Las Vegas convention, Frank Lucia has informed us that there will be an EAS panel on Tuesday, April 8 from 4:30-5 PM. The panel meets in Room N-106 at the Las Vegas Convention Center.

Questions? Please call Betsy Laird at 800-329-5380, ext. 2741 or email Greg Lewis, in the NPR General Counsel's office at glewis@npr.org.

NPR NATIONAL AFFAIRS
TO: Authorized Representatives
FR: Betsy Laird, NPR National Affairs
DT: March 21, 1997
RE: FCC MEETING ON EAS WAIVERS

Today, NPR met with the FCC's Frank Lucia, Director of Emergency Communications at the Compliance and Information Bureau, regarding requests for EAS waivers for repeater stations.

Mr. Lucia clarified that the letter that stations have received in response to their waiver request does not constitute a denial of their request (even though the letter seems to indicate otherwise.) Because of the volume of waiver requests the FCC has received, the Commission is granting an automatic 1-year waiver to any station that has made such a request. This will provide the FCC with time to evaluate each request individually. As the FCC begins this process, stations may be contacted for further information on their operations.

The following is a summary of the FCC's EAS exemption criteria:

First, all stations that are licensed as translator stations are exempt from EAS requirements. All other stations should include the following information when requesting an EAS waiver. One or a combination of the following could prove adequate for a waiver.

1. Studio has a main studio waiver from the FCC's Mass Media Bureau.*

2. Station does not originate any programming; it relays programming from a network control point. The network control point complies with all EAS requirements.

3. Station city of license is in the same EAS Local Area as the network control point.

4. Station city of license is in a different EAS Local Area than the network control point but the control point can monitor the EAS assignments required of the station.

5. Any other factors that are relevant to the EAS operations of the station.

* Mr. Lucia informed us, barring any unusual circumstances, that a main studio waiver should be sufficient to justify the granting of an EAS waiver. If stations already have a main studio waiver, then they should affirmatively apprise the FCC of this fact. (If this information was not included in the original EAS waiver request, stations are advised to supplement their request with this information as well as with any other information responsive to the above criteria.)

If a station has not obtained a main studio waiver, it should apply to the Mass Media Bureau (assuming the station is otherwise eligible) so that the station will have satisfied that criterion when the Compliance and Information Bureau processes the station's EAS waiver request.

Stations are advised that they should proceed to supplement their EAS exemption request with all relevant information, rather than waiting for the FCC to contact them. The FCC said this morning, however, that it does not expect to complete the evaluation of waiver requests until this fall. Additional information should be addressed to: Emergency Alert System, MS 1500, 1919 M Street, NW, Washington, DC 20554.

At NPR's request, the FCC will be issuing a public notice confirming the above information. Such notice is expected within the next few weeks.

If you have any questions concerning this matter please contact me at 1-800-329-5380, ext. 2741 or by email at blaird@npr.org. Thanks to those stations who provided information in advance of today's meeting.

INTERCONNECTS WITH FCC'S EMERGENCY ALERT SYSTEM BUREAU CHIEF FRANK LUCIA AVAILABLE HERE IN RealAudio

NPR's Engineering Department held a satellite interconnect with Frank Lucia, head of the Emergency Alert System Bureau on Thursday, October 17.
A RealAudio Playback of that interconnect is available by selecting this link.
(Requires the free Real Audio Player)

FURTHER READING

SBE EAS Committee Report maintained by Leonard J. Charles, SBE EAS Committee Chairman

A Counter point on EAS by William Fawcett, WMRA, Harrisonburg, VA
As published in the May/June 1995 BE Magazine

The Virginia EAS Page has fine documentation by WMRA's William Fawcett.

Texas EAS Plan details the Lone Star state's EAS plan and implementation.

EAS Sample Plans, courtesy of TFT Inc.

How it began: The FCC backround and original Report and Order Dated November 1994.

EAS VENDORS (a short list in alphabetical order, no endorsements made)