Waiver Requests 

Beginning June 30, 2012, all cable operators must have the capability to receive Common Alerting Protocol (CAP)-formatted Emergency Alert System (EAS) messages.  If you do not have CAP-compliant EAS equipment installed by June 30, 2012, we suggest you apply for a waiver, particularly in light of the fines for noncompliance.  Given the impending deadline, if you need a waiver, you should file as soon as possible. 

Enforcement Bureau officials have stated that they will enforce the EAS regulations.  The FCC’s base forfeiture amount for not having required EAS equipment installed and operational (including CAP-compliant equipment) is $8,000, and that amount may be increased based on the circumstances. 

There are various reasons why you may not have CAP-compliant equipment installed by June 30, 2012, and need a waiver as a result.  The FCC will review the facts and circumstances of each waiver request on its own merits.  Below are examples of various scenarios: 

1)  System headend lacks physical access to an Internet connection  (needed for CAP-compliant equipment to work properly): 

If your system does not have Internet connectivity available at the headend, the FCC created a presumption in favor of a waiver of the CAP-compliance requirement.  However, you still must have traditional EAS equipment installed and operating.  In such circumstances: 

• Even though there is a presumption in favor of a waiver, you still must file a waiver request.
• The FCC anticipates granting waivers of no more than six months, with the option of renewal if circumstances have not changed. 

2)  Other systems that are not CAP-compliant: 

• Financial Hardship.  The FCC did not create any type of presumption in favor of waiver where a system operator claims a high cost for obtaining CAP compliance. Rather, the FCC indicated that such requests would be handled on a case by case base depending on the relevant facts.  The FCC has indicated that it is unlikely to grant general waivers absent extraordinary circumstances. 
• Waivers for other reasons.  In the past, the FCC has considered waivers in other instances, including where a system operator plans to shut down a system within a few months of the deadline, or where required equipment has been ordered but delivery is delayed.  The likelihood of receiving such a waiver depends on the specific circumstances. 

Requests for waiver of the EAS rules need to be filed under Section 1.3 of the FCC’s rules and will be subject to public notice and comment procedures.  This waiver process typically takes a minimum of several months to result in a decision.  Given the impending deadline, you should file any waiver request as soon as possible. 

We can assist you with the waiver process.  If you would like to discuss a waiver request, please contact Scott Friedman at (312) 372-3930 or sfriedman@cm-chi.com, or James Moskowitz at (202) 872-6881 or jmoskowitz@cm-chi.com.