UPDATE

January 20, 2012 

FCC Releases EAS Order Outlining CAP Requirements

On January 10, 2012, the FCC released a Report and Order adopting rules requiring that Emergency Alert System (“EAS”) Participants be able to receive and transmit Common Alerting Protocol (“CAP”)-formatted messages.  In addition, the FCC took steps to streamline its rules to improve the overall effectiveness of the EAS.   

Despite the FCC’s statements that new costs and obligations would be minimal, the new rules may create new operational and cost burdens for small cable operators.  These burdens include both new filing and other regulatory requirements and new costs associated with the requirement that all headends have Internet access capabilities.   

The deadline to comply with the CAP requirements is June 30, 2012.  

We summarize below the CAP compliance requirements imposed on EAS Participants, including cable operators. 

CAP Compliance Requirements for All EAS Participants. 

• EAS Participants must be able to convert CAP-formatted EAS messages into messages that comply with the EAS Protocol requirements, following the procedures set forth in the EAS-CAP Industry Group’s ECIG Implementation Guide. 
• EAS Participants may use intermediary devices in tandem with existing legacy EAS equipment to meet CAP-related obligations. 
• EAS Participants must monitor the operational readiness of all equipment used as part of the EAS, including any intermediary devices used.   
• EAS Participants must monitor FEMA’s IPAWS system for federal CAP-formatted alert messages using any interface technology the EAS Participant deems appropriate. 
• EAS Participants must use the enhanced text in CAP messages to meet the EAS video display requirements. 
• Presidential Emergency Action Notification (“EAN”) messages must receive priority over all other EAS messages, regardless of format. 
• Equipment used to implement CAP must be certified by the FCC. 

Waivers for Small Cable Systems.  The FCC declined to grant a blanket exemption from the EAS rules for cable systems with fewer than 500 subscribers on the grounds that access to the Internet is unreasonably expensive or that the purchase of CAP equipment is cost prohibitive.  Instead, the FCC will consider waivers on a case-by-case basis and will generally review the facts and circumstances on their own merits. 

At the same time, the FCC stated that the physical unavailability of broadband Internet service offers a presumption in favor of a waiver from the EAS rules, although waivers based on the lack of access to broadband Internet service would likely only be granted for six-month intervals.  In addition, cable operators may base individual waiver requests on financial hardship and argue that access to the Internet is unreasonably expensive or that costs associated with CAP equipment are prohibitive. 

If you have questions related to EAS or CAP compliance, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.

FCC Begins Review of Sports Blackout Rules

On January 12, 2012, the FCC opened a proceeding requesting comment on whether it should eliminate the sports blackout rules for cable and satellite television providers.  The FCC opened the proceeding in response to a petition filed last November by industry and consumer groups. 

FCC rules permit professional sports leagues – such as the NFL – to prevent cable and satellite providers from offering live coverage of a local sporting event when the game is subject to blackout on local broadcast television.  

Comments are due February 13, 2012.  Reply comments are due February 28, 2012. 

 If you have questions about the sports blackout rules, or are interested in filing comments, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com. 

Copyright Forms and Fees Due March 1, 2012 

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2011 – December 2011 accounting period by March 1, 2012.  The following forms apply: 

• SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more. 

Copyright royalty fees must be remitted by electronic payment. 

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

FCC Form 477 Due March 1, 2012 

To promote compliance with the FCC’s Form 477 filing rules, the FCC’s Enforcement Bureau released an Enforcement Advisory reminding broadband and interconnected VoIP providers of the March 1, 2012 filing deadline.  In addition, the FCC warned that it will take appropriate enforcement action against non-compliant companies. 

The FCC noted three recurring deficiencies:  (i) failing to file data in a timely fashion, if at all; (ii) failing to have a company official certify that the information submitted is correct; and (iii) filing incomplete or inaccurate data. 

The next Form 477 filing is due March 1, 2012 (reporting data as of December 31, 2011).  For this filing, the FCC’s electronic system will only recognize 2010 Census tract codes.  Further information about the Form 477 and 2010 Census tracts is available online: 

• Census Tract Information, Filing Instructions, and a Link to File Form 477:   http://transition.fcc.gov/form477
• 2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
• 2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html  

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

CPNI Officer’s Certificate Due On or Before March 1, 2012

The FCC’s CPNI rules require that an officer of an interconnected VoIP provider file an annual certificate with the FCC stating that the officer has personal knowledge that the provider has established operating procedures adequate to ensure compliance with the FCC’s CPNI rules.  The carrier must also provide a statement explaining how its operating procedures ensure that it is in compliance with the FCC’s CPNI rules.  The annual certificate for 2011 must be filed on or before March 1, 2012. 

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning the unauthorized release of CPNI received in the past year.  The officer’s certificate, as well as the information noted above, must be filed in EB Docket No. 06-36. 

In past years, the FCC has issued Public Notices in January and February offering further guidance regarding the filing of the officer’s certificate, including an acceptable sample form.  Use of the sample form is not mandatory provided all required information is included.  

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com. 

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Please visit our website at www.cinnamonmueller.com http://www.cinnamonmueller.com to learn more about our lawyers and practice.  You can reach Cinnamon Mueller at (312) 372-3930.  This update is provided by the law firm of Cinnamon Mueller.  The document is intended for informational purposes only as a service to clients of Cinnamon Mueller and to the members of the American Cable Association.  It is not intended to provide specific legal advice or to substitute obtaining appropriate legal counsel.  We encourage you to consult with counsel to address special compliance issues and for assistance in negotiating or handling any such matter referred to in the update.