§ 11.35   Equipment operational readiness.

   (a) EAS Participants are responsible for ensuring that EAS Encoders,
   EAS Decoders, Attention Signal generating and receiving equipment, and
   Intermediate Devices used as part of the EAS to decode and/or encode
   messages formatted in the EAS Protocol and/or the Common Alerting
   Protocol 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 (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 an EAS Encoder, EAS Decoder or Intermediary Device used as part
   of the EAS to decode and/or encode messages formatted in the EAS
   Protocol and/or the Common Alerting Protocol 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 section, 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 Regional
   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 Regional 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, as amended at  77 FR 16704 , Mar. 22, 2012;
    80 FR 53750 , Sept. 8, 2015]

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Subpart C—Organization

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