§  11.35   Equipment operational readiness.

   (a) EAS Participants are responsible for ensuring that EAS Encoders,
   EAS Decoders and Attention Signal generating and receiving equipment
   used as part of the EAS are installed so that the monitoring and
   transmitting functions are available during the times the stations and
   systems are in operation. Additionally, EAS Participants must determine
   the cause of any failure to receive the required tests or activations
   specified in § 11.61(a)(1) and (a)(2). Appropriate entries indicating
   reasons why any tests were not received must be made in the broadcast
   station log as specified in § § 73.1820 and 73.1840 of this chapter for
   all broadcast streams and cable system records as specified in
   § § 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS
   Participants must also keep records indicating reasons why any tests
   were not received and these records must be retained for two years,
   maintained at the EAS Participant's headquarters, and made available
   for public inspection upon reasonable request.

   (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS
   Participant may operate without the defective equipment pending its
   repair or replacement for 60 days without further FCC authority.
   Entries shall be made in the broadcast station log, cable system
   records, and records of other EAS Participants, as specified in
   paragraph (a) of this rule, showing the date and time the equipment was
   removed and restored to service. For personnel training purposes, the
   required monthly test script must still be transmitted even though the
   equipment for generating the EAS message codes, Attention Signal and
   EOM code is not functioning.

   (c) If repair or replacement of defective equipment is not completed
   within 60 days, an informal request shall be submitted to the District
   Director of the FCC field office serving the area in which the EAS
   Participant is located, or in the case of DBS and SDARS providers to
   the District Director of the FCC field office serving the area where
   their headquarters is located, for additional time to repair the
   defective equipment. This request must explain what steps have been
   taken to repair or replace the defective equipment, the alternative
   procedures being used while the defective equipment is out of service,
   and when the defective equipment will be repaired or replaced.

   [ 70 FR 71034 , Nov. 25, 2005]

Subpart C—Organization