Sec.  11.51   EAS code and Attention Signal Transmission requirements.

   (a)  Analog  and  digital  broadcast  stations  must  transmit, either
   automatically or manually, national level EAS messages and required tests by
   sending the EAS header codes, Attention Signal, emergency message and End of
   Message  (EOM) codes using the EAS Protocol. The Attention Signal must
   precede any emergency audio message. After January 1, 1998, the shortened
   Attention Signal may only be used as an audio alert signal and the EAS codes
   will become the minimum signaling requirement for National level messages
   and tests.

   (b) When relaying EAS messages, EAS Participants may transmit only the EAS
   header codes and the EOM code without the Attention Signal and emergency
   message for State and local emergencies. Pauses in video programming before
   EAS message transmission should not cause television receivers to mute EAS
   audio messages. No Attention Signal is required for EAS messages that do not
   contain audio programming, such as a Required Weekly Test.

   (c) By the effective dates provided in  Sec. 11.11(a), all analog and digital
   radio and television stations shall transmit EAS messages in the main audio
   channel. Effective December 31, 2006, all DAB stations shall also transmit
   EAS messages on all audio streams. Effective December 31, 2006, all DTV
   broadcast stations shall also transmit EAS messages on all program streams.

   (d)  By  the effective dates provided in  Sec. 11.11(a), analog and digital
   television broadcast stations shall transmit a visual message containing the
   Originator, Event, Location and the valid time period of an EAS message. If
   the  message is a video crawl, it shall be displayed at the top of the
   television screen or where it will not interfere with other visual messages.

   (e) Analog class D non-commercial educational FM stations as defined in
    Sec. 73.506 of this chapter, digital class D non-commercial educational FM
   stations, analog Low Power FM (LPFM) stations as defined in  Sec.  Sec. 73.811 and
   73.853 of this chapter, digital LPFM stations, analog low power TV (LPTV)
   stations as defined in  Sec. 74.701(f) of this chapter, and digital LPTV stations
   as defined in  Sec. 74.701(k) of this chapter are not required to have equipment
   capable  of generating the EAS codes and Attention Signal specified in
    Sec. 11.31.

   (f) Analog and digital broadcast station equipment generating the EAS codes
   and the Attention Signal shall modulate a broadcast station transmitter so
   that the signal broadcast to other EAS Participants alerts them that the EAS
   is being activated or tested at the National, State or Local Area level. The
   minimum level of modulation for EAS codes, measured at peak modulation
   levels using the internal calibration output required in  Sec. 11.32(a)(4), shall
   modulate the transmitter at the maximum possible level, but in no case less
   than 50% of full channel modulation limits. Measured at peak modulation
   levels, each of the Attention Signal tones shall be calibrated separately to
   modulate  the  transmitter  at  no less than 40%. These two calibrated
   modulation levels shall have values that are within 1 dB of each other.

   (g) Analog cable systems and digital cable systems with fewer than 5,000
   subscribers  per headend and wireline video systems and wireless cable
   systems with fewer than 5,000 subscribers shall transmit EAS audio messages
   in the same order specified in paragraph (a) of this section on at least one
   channel.  The  Attention signal may be produced from a storage device.
   Additionally,  these  analog cable systems, digital cable systems, and
   wireless cable systems:

   (1) Must install, operate, and maintain equipment capable of generating the
   EAS codes. The modulation levels for the EAS codes and Attention Signal for
   analog cable systems shall comply with the aural signal requirements in
    Sec. 76.605 of this chapter,

   (2) Must provide a video interruption and an audio alert message on all
   channels. The audio alert message must state which channel is carrying the
   EAS video and audio message,

   (3) Shall transmit a visual EAS message on at least one channel. The message
   shall contain the Originator, Event, Location, and the valid time period of
   the  EAS  message. If the visual message is a video crawl, it shall be
   displayed at the top of the subscriber's television screen or where it will
   not interfere with other visual messages.

   (4) May elect not to interrupt EAS messages from broadcast stations based
   upon  a written agreement between all concerned. Further, analog cable
   systems, digital cable systems, and wireless cable systems may elect not to
   interrupt the programming of a broadcast station carrying news or weather
   related emergency information with state and local EAS messages based on a
   written agreement between all parties.

   (5) Wireless cable systems and digital cable systems with a requirement to
   carry  the  audio  and video EAS message on at least one channel and a
   requirement to provide video interrupt and an audio alert message on all
   other channels stating which channel is carrying the audio and video EAS
   message,  may  comply by using a means on all programmed channels that
   automatically tunes the subscriber's set-top box to a pre-designated channel
   which carries the required audio and video EAS messages.

   (h) Analog cable systems and digital cable systems with 10,000 or more
   subscribers; analog cable and digital cable systems serving 5,000 or more,
   but less than 10,000 subscribers per headend; and wireline video systems and
   wireless cable systems with 5,000 or more subscribers shall transmit EAS
   audio messages in the same order specified in paragraph (a) of this section.
   The Attention signal may be produced from a storage device. Additionally,
   these  analog cable systems, digital cable systems, and wireless cable
   systems:

   (1) Must install, operate, and maintain equipment capable of generating the
   EAS codes. The modulation levels for the EAS codes and Attention Signal for
   analog cable systems shall comply with the aural signal requirements in
    Sec. 76.605 of this chapter. This will provide sufficient signal levels to
   operate subscriber television and radio receivers equipped with EAS decoders
   and to audibly alert subscribers. Wireless cable systems and digital cable
   systems shall also provide sufficient signal levels to operate subscriber
   television and radio receivers equipped with EAS decoders and to audibly
   alert subscribers.

   (2) Shall transmit the EAS audio message required in paragraph (a) of this
   section on all downstream channels.

   (3) Shall transmit the EAS visual message on all downstream channels. The
   visual message shall contain the Originator, Event, Location and the valid
   time period of the EAS message. These are elements of the EAS header code
   and are described in  Sec. 11.31. If the visual message is a video crawl, it
   shall be displayed at the top of the subscriber's television screen or where
   it will not interfere with other visual messages.

   (4) May elect not to interrupt EAS messages from broadcast stations based
   upon  a written agreement between all concerned. Further, analog cable
   systems, digital cable systems, and wireless cable systems may elect not to
   interrupt the programming of a broadcast station carrying news or weather
   related emergency information with state and local EAS messages based on a
   written agreement between all parties.

   (5) Wireless cable systems and digital cable systems with a requirement to
   carry the audio and video EAS message on all downstream channels may comply
   by using a means on all programmed channels that automatically tunes the
   subscriber's set-top box to a pre-designated channel which carries the
   required audio and video EAS messages.

   (i) Effective December 31, 2006, SDARS licensees shall transmit national
   audio EAS messages on all channels in the same order specified in paragraph
   (a) of this section.

   (1) SDARS licensees must install, operate, and maintain equipment capable of
   generating the EAS codes.

   (2) SDARS licensees may determine the distribution methods they will use to
   comply with this requirement.

   (j) Effective May 31, 2007, DBS providers shall transmit national audio and
   visual EAS messages on all channels in the same order specified in paragraph
   (a) of this section.

   (1) DBS providers must install, operate, and maintain equipment capable of
   generating the EAS codes.

   (2) The visual message shall contain the Originator, Event, Location and the
   valid time period of the EAS message. These are elements of the EAS header
   code and are described in  Sec. 11.31. If the visual message is a video crawl, it
   shall be displayed at the top of the subscriber's television screen or where
   it will not interfere with other visual messages.

   (3) DBS providers may determine the distribution methods they will use to
   comply with this requirement. Such methods may include distributing the EAS
   message  on  all  channels,  using  a  means to automatically tune the
   subscriber's set-top box to a pre-designated channel which carries the
   required  audio and video EAS messages, and/or passing through the EAS
   message provided by programmers and/or local channels (where applicable).

   (k) If manual interrupt is used as authorized in paragraph (m) of this
   section, EAS Encoders must be located so that EAS Participant staff, at
   normal  duty locations, can initiate the EAS code and Attention Signal
   transmission.

   (l) EAS Participants that are co-owned and co-located with a combined studio
   or control facility, (such as an AM and FM licensed to the same entity and
   at the same location or a cable headend serving more than one system) may
   provide the EAS transmitting requirements contained in this section for the
   combined stations or systems with one EAS Encoder. The requirements of
    Sec. 11.32 must be met by the combined facility.

   (m) EAS Participants are required to transmit all received EAS messages in
   which  the  header  code contains the Event codes for Emergency Action
   Notification (EAN), Emergency Action Termination (EAT), and Required Monthly
   Test (RMT), and when the accompanying location codes include their State or
   State/county. These EAS messages shall be retransmitted unchanged except for
   the LLLLLLLL-code which identifies the EAS Participant retransmitting the
   message. See  Sec. 11.31(c). If an EAS source originates an EAS message with the
   Event codes in this paragraph, it must include the location codes for the
   State and counties in its service area. When transmitting the required
   weekly test, EAS Participants shall use the event code RWT. The location
   codes are the state and county for the broadcast station city of license or
   system community or city. Other location codes may be included upon approval
   of  station  or  system  management.  EAS  messages may be transmitted
   automatically or manually.

   (1) Automatic interrupt of programming and transmission of EAS messages are
   required  when facilities are unattended. Automatic transmissions must
   include  a  permanent  record that contains at a minimum the following
   information:  Originator, Event, Location and valid time period of the
   message. The decoder performs the functions necessary to determine which EAS
   messages are automatically transmitted by the encoder.

   (2) Manual interrupt of programming and transmission of EAS messages may be
   used. EAS messages with the EAN Event code must be transmitted immediately
   and Monthly EAS test messages within 60 minutes. All actions must be logged
   and include the minimum information required for EAS video messages.

   (n) EAS Participants may employ a minimum delay feature, not to exceed 15
   minutes, for automatic interruption of EAS codes. However, this may not be
   used for the EAN event which must be transmitted immediately. The delay time
   for an RMT message may not exceed 60 minutes.

   (o) Either manual or automatic operation of EAS equipment may be used by EAS
   Participants that use remote control. If manual operation is used, an EAS
   decoder must be located at the remote control location and it must directly
   monitor the signals of the two assigned EAS sources. If direct monitoring of
   the assigned EAS sources is not possible at the remote location, automatic
   operation is required. If automatic operation is used, the remote control
   location may be used to override the transmission of an EAS alert. EAS
   Participants  may  change  back and forth between automatic and manual
   operation.

   [ 70 FR 71035 , Nov. 25, 2005, as amended at  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007;  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007]