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47 C.F.R. § 11.35   Equipment operational readiness.

Title 47 - Telecommunication

Title 47: Telecommunication
PART 11—EMERGENCY ALERT SYSTEM (EAS)
Subpart B—Equipment Requirements

§ 11.35   Equipment operational readiness.

Link to an amendment published at 70 FR 71034, Nov. 25, 2005.

(a) Broadcast stations and cable systems and wireless cable systems 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, broadcast stations and cable systems and wireless cable systems 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 must be made in the broadcast station log as specified in §§73.1820 and 73.1840 of this chapter, cable system record as specified in §§76.1700, 76.1708, and 76.1711 of this chapter, BRS station records, indicating reasons why any tests were not received.

(b) If the EAS Encoder or EAS Decoder becomes defective, the broadcast station, cable system or wireless cable system 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 or wireless cable system station records 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 broadcast station, cable system or wireless cable system 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.

[63 FR 29664, June 1, 1998, as amended at 65 FR 53614, Sept. 5, 2000; 69 FR 72031, Dec. 10, 2004]