The FCC issued a $12,000 fine against Playa del Sol Bcstrs. of KRCK(FM), Mecca, Cal., for repeated violations of Emergency Alert System (EAS) rules. The Commission ruled that the station failed to ensure EAS equipment was operational, conduct required field tests, and maintain a main studio.
NAB and the Fla. Assn. of Bcstrs. said coverage of Hurricane Charley in Fla. is a “textbook” example of broadcasters’ public service. In a letter to FCC Chmn. Powell, the group noted that the local coverage of the storm comes as the FCC is reviewing issues related to localism and Emergency Alert System reform.
NAB again urged the FCC to stop cable operators from overriding or blocking local weather warnings. In a letter to FCC Chmn. Powell, NAB Pres. Eddie Fritts said a local weather broadcaster providing live coverage can see the signal overridden by a cable operator, often with outdated information. “We recognize the need for cable subscribers watching non-broadcast video programming to receive automated warnings of an impending weather situation, and current FCC rules allow cable operators to provide just that,” Fritts said. But cable shouldn’t be allowed to override emergency alerts by a local broadcast station, Fritts said. Cable overrides have been controversial. In 1997, former House Commerce Committee Chmn. Tauzin (R-La.), in a letter to then FCC Chmn. Reed Hundt, urged the FCC to stop the practice. The FCC issued a notice of proposed rulemaking concerning the effectiveness of the Emergency Alert System last week (CD Aug 5 p8). The Commission had previously said it would address emergency communications concerns. NCTA said the FCC has looked at the cable EAS issue several times already and has not accepted NAB’s argument on this issue in the past.
As expected, the FCC took action Wed. to “hasten” the DTV transition by commencing an open channel election process in Nov. and setting firm deadlines. “We take today’s actions, most notably to set channel election and replication and maximization deadlines not only to bring consumers more over-the-air digital services, but to help usher in the beginning of the end of the DTV transition,” said FCC Chmn. Powell. Much of the process is in tune with previous recommendations from MSTV (CD Aug 4 p2), said Rick Chessen of the FCC DTV Task Force. The FCC also agreed to eliminate, for now, the simulcasting requirement to permit the transmission of additional programming on DTV channels. The FCC deadline includes a Dec. date where stations with 2 in- core channels elect the DTV channel they prefer. In July 2005, stations with a current in-core channel assignment select a channel from those available after the first round of selections. In Jan. 2006, stations that haven’t been assigned a channel or assigned Ch. 2-6, may elect a channel. By Aug. 2006, the Commission expects to issue a proposed rulemaking on the new DTV table of allotments. The Commission clarified its digital closed captioning rules to ensure that those services are consistently and effectively delivered. The FCC also mandated that after an 18-month transition period, all DTV receivers contain V-chip functionality that will permit the current TV ratings system to be modified. Separately, the Commission officially issued a notice of proposed rulemaking concerning the effectiveness of the Emergency Alert System (EAS) and how it can be improved. The Commission had previously said it would address EAS concerns (CD June 24 p7). The Commission has already begun to coordinate with the Dept. of Homeland Security, FEMA, the Dept. of Commerce and the National Oceanic & Atmospheric Administration’s National Weather Service. The FCC also seeks participation from state and local emergency planning organizations. Enforcement Bureau Chief David Solomon said the notice asks several questions about imposing EAS requirements on wireless phone carriers, but draws no conclusions. Carriers support a voluntary program but would oppose mandates. “We've asked broadly what is the capability, what is the technology, what is the impact of imposing ESA obligations on those technologies,” he said.
The FCC issued a $6,000 fine against Arnold Bcstg. for operating transmitting equipment without a license and failing to receive and transmit required emergency alert system tests. The FCC reduced its original fine of $12,000 after taking into account the nature and circumstances of the violations and Arnold’s history.
The FCC announced late Wed. it plans to vote at its Aug. 4 meeting on outage reporting requirements for wireless and wireline carriers, as well as a rulemaking and declaratory order on changes to CALEA. All of the items pick up the broader homeland security theme of the meeting. The FCC indicated that despite a last-min. flurry of lobbying it will vote on a report and order from the Office of Engineering & Technology on service disruptions, picking up many of the recommendations in an earlier rulemaking. Wireless carriers in particular have expressed concerns that the reporting requirement would actually make their systems less secure. The FCC will also vote on a rulemaking by OET that’s expected to make a preliminary determination that VoIP should be subject to CALEA requirements. The Commission also has before it a declaratory order expected to hold that push-to- talk phone service is subject to CALEA. The FCC will also consider: (1) An Order on Reconsideration addressing, in part, petitions filed by BellSouth and SureWest for clarification and/or partial reconsideration of the Triennial Review Order. (2) A Fifth Report & Order addressing measures to protect against waste, fraud and abuse in the administration of the schools and libraries universal service support mechanism. (3) A notice of inquiry from the Enforcement Bureau on the effectiveness of the Emergency Alert System (EAS). The Commission had previously said it would address EAS concerns (CD June 24 p7). (4) A report and order from the Media Bureau on the DTV transition and a Media Bureau order responding to certifications received in response to an initial certification window by which digital output protection technologies and recording methods could be authorized for use. The order would give effect to the Redistribution Control Descriptor set forth in the ATSC standard. (5) An order concerning implementation of the Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003. Also at the meeting, the Homeland Security Policy Council will present a report concerning this year’s FCC regulatory, outreach and partnership initiatives in support of homeland security.
The FCC granted Charter a temporary waiver of emergency alert system (EAS) rules for 153 systems in 24 states. Cable systems with fewer than 5,000 subscribers are required by Oct. 1, 2002, to provide national level EAS messages on all programmed channels, or on at least one programmed channel with video interrupts and audio alerts on all other programmed channels. Charter contended that it would cost $6,000-$10,000 to install the equipment for each system, totaling $876,000-$1.46 million. The FCC agreed that would pose a financial hardship and agreed to waivers until Oct. 1, 2005. The systems are in Ala., Cal., Ga., Va., W.Va., Tex., among other states.
The FCC fined Sunbelt TV station (KHIZ Ch. 64), Barstow, Cal., $2,000 for failing to conduct required Emergency Alert System (EAS) tests monthly, as agency rules require of broadcasters. The FCC typically discovers EAS violations during random inspections or in responding to a unrelated complaint, FCC officials told us.
The FCC issued a notice of inquiry Thurs. asking a broad range of questions about how broadcasters can better serve their local communities. The FCC said in the notice it would “expeditiously” issue a ruling on the Network Affiliated Stations Alliance’s (NASA) petition, which concerns localism but isn’t part of the notice. Comments are due Sept. 1, replies Oct. 1.
The FCC will address broadcasters and emergency response officials’ concerns about the emergency alert system (EAS) in a notice of inquiry expected to be released in Aug., FCC officials told us. The notice is expected to deal with outdated plans, missing communication links and inadequate training, they said. Broadcasters, meanwhile, questioned the very viability of EAS.