FCC’s Enforcement Bureau Issues Notice of Apparent Liability to Cable Operator For Failing to Install Emergency Alert System Equipment
On February 13, 2012, the FCC’s Enforcement Bureau Office in Detroit issued a Notice of Apparent Liability for Forfeiture and Order (“NAL”) to Richards TV Cable Co, for failing to install emergency alert system (EAS) equipment. The potential fine was set at $10,000.
The NAL alleged FCC enforcement agents inspected Richards TV’s cable system and observed that it did not have any EAS equipment installed. The cable system owner admitted that the system did not have any EAS equipment and mentioned the company’s inability to find affordable equipment. Agents returned three months later and found no EAS equipment installed. Seven months later the owner reported by telephone that no upgrades had been made.
All cable systems, analog and digital, must comply with EAS requirements on a headend basis. Under FCC rules, cable systems must ensure that EAS encoders, EAS decoders, and attention signal generating and receiving equipment are installed and operational.
Here, because FCC enforcement agents found that Richards TV failed to install its EAS equipment despite repeated warnings, the FCC adjusted its $8,000 base forfeiture amount for failing to have EAS equipment installed or operational upward to $10,000.
If you have questions about your cable system’s obligations under the EAS rules, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.