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.