Sec.  11.55   EAS operation during a State or Local Area emergency.

   (a) All EAS Participants within a state (excepting SDARs and DBS providers)
   must  receive and transmit state-level and geographically targeted EAS
   messages, as aggregated and delivered by the state governor or his/her
   designee, or by FEMA on behalf of such state governor, upon approval by the
   Commission of an applicable state plan providing for delivery of such alerts
   no sooner than 180 days after adoption of CAP by FEMA. Examples of natural
   emergencies which may warrant activation are: Tornadoes, floods, hurricanes,
   earthquakes, heavy snows, icing conditions, widespread fires, etc.

   Man-made  emergencies  may  include: toxic gas leaks or liquid spills,
   widespread power failures, industrial explosions, and civil disorders.

   (1)  DBS  providers shall pass through all EAS messages aired on local
   television  broadcast  stations  carried  by  DBS  providers under the
   Commission's broadcast signal carriage rules to subscribers receiving those
   channels.

   (2) SDARS licensees and DBS providers may participate in EAS at the state
   and local level and make their systems capable of receiving and transmitting
   state and local level EAS messages on all channels. If an SDARS licensee or
   DBS provider is not capable of receiving and transmitting state and local
   EAS message on all channels, it must inform its subscribers, on its website
   and in writing on an annual basis, of which channels are and are not capable
   of supplying state and local messages.

   (b) EAS operations must be conducted as specified in State and Local Area
   EAS Plans. The plans must list all authorized entities participating in the
   State or Local Area EAS.

   (c) Immediately upon receipt of a State or Local Area EAS message, EAS
   Participants  participating in the State or Local Area EAS must do the
   following:

   (1) State Relay (SR) sources monitor the State Relay Network or follow the
   State EAS plan for instructions from the State Primary (SP) source.

   (2) Local Primary (LP) sources monitor the Local Area SR sources or follow
   the State EAS plan for instructions.

   (3) Participating National (PN) and Non-participating National (NN) sources
   monitor the Local Area LP sources for instructions.

   (4) EAS Participants participating in the State or Local Area EAS must
   discontinue normal programming and follow the procedures in the State and
   Local Area plans. Analog and digital television broadcast stations must
   comply with  Sec. 11.54(b)(5); analog cable systems, digital cable systems, and
   wireless cable systems must comply with  Sec. 11.54(b)(6); and DBS providers must
   comply  with  Sec. 11.54(b)(7). EAS Participants providing foreign language
   programming should comply with  Sec. 11.54(b)(8).

   (5) Upon completion of the State or Local Area EAS transmission procedures,
   resume normal programming until receipt of the cue from the SR or LP sources
   in your Local Area. At that time begin transmitting the common emergency
   message received from the above sources.

   (6) Resume normal operations upon conclusion of the message.

   (7)  The  times  of  the  above EAS actions must be entered in the EAS
   Participants' records as specified in  Sec.  Sec. 11.35(a) and 11.54(b)(13).

   (8)  Use  of  the  EAS  codes or Attention Signal automatically grants
   rebroadcast authority as specified in  Sec. 11.54(d).

   [ 59 FR 67092 , Dec. 28, 1994, as amended at  63 FR 29666 , June 1, 1998;  65 FR 21658 , Apr. 24, 2000;  67 FR 18511 , Apr. 16, 2002;  70 FR 71037 , Nov. 25,
   2005;  71 FR 76220 , Dec. 20, 2006;  72 FR 62135 , Nov. 2, 2007]