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Before the Federal Communications Commission Washington, D.C. ...

Before the Federal Communications Commission Washington, D.C. ...

Before the Federal Communications Commission Washington, D.C. ...

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<strong>Federal</strong> <strong>Communications</strong> <strong>Commission</strong> FCC 02-64o<strong>the</strong>r things, <strong>the</strong>se commenters assert that low-cost, FCC-certified decoders have not become available asanticipated by <strong>the</strong> <strong>Commission</strong> in <strong>the</strong> LPFM proceeding because <strong>the</strong> number of authorized LPFMstations is currently too small to create sufficient demand for <strong>the</strong> manufacture of such devices. 171 Bycontrast, two LPFM applicants assert that <strong>the</strong>y have allocated funds to purchase a combinedencoder/decoder unit. 17275. In <strong>the</strong> LPFM proceeding, <strong>the</strong> <strong>Commission</strong> concluded that LPFM stations should berequired to participate in EAS by installing EAS decoders only, ra<strong>the</strong>r than combined encoder/decoderunits. 173 We reasoned that this modified EAS requirement would balance <strong>the</strong> cost of compliance, <strong>the</strong>ability of LPFM stations to meet that cost, and <strong>the</strong> needs of <strong>the</strong> listening public to be alerted inemergency situations. While we anticipated that FCC-certified decoders would become available forunder $1,000 in <strong>the</strong> near future, we stated that if certified decoder equipment is not available when <strong>the</strong>first LPFM stations go on <strong>the</strong> air, we can grant a temporary exemption for LPFM stations until such timeas it is reasonably available. 174 As of December 31, 2001, <strong>the</strong> <strong>Commission</strong> staff had granted 174construction permits for LPFM stations and a number of LPFM stations have begun operating. However,certified EAS decoders have not reached <strong>the</strong> market as quickly as we expected. Therefore, as stated in<strong>the</strong> LPFM proceeding, we will grant a temporary exemption to LPFM licensees of <strong>the</strong> requirement toinstall FCC-certified decoders. Specifically, we will amend <strong>the</strong> Part 11 rules to provide that LPFMstations need not install EAS decoders until one year after <strong>the</strong> <strong>Commission</strong> publishes in <strong>the</strong> <strong>Federal</strong>Register a public notice indicating that at least one EAS decoder has been certified.K. O<strong>the</strong>r Matters76. In paragraph 32 of <strong>the</strong> NPRM, we stated that we did not propose to adopt various o<strong>the</strong>rchanges to <strong>the</strong> EAS rules suggested by NWS and SBE because <strong>the</strong>y appear to be ei<strong>the</strong>r unnecessary ornot in <strong>the</strong> public interest, but we never<strong>the</strong>less invited interested parties to comment on <strong>the</strong>sesuggestions. 175 Although most of <strong>the</strong>se suggested changes did not generate any comments, a fewcommenters addressed SBE’s suggestions to replace <strong>the</strong> Required Monthly Test with a RequiredQuarterly Test, 176 make <strong>the</strong> two-tone Attention Signal optional, 177 and add <strong>the</strong> Evacuation Immediate(EVI) event code to <strong>the</strong> list of national event codes for which we require immediate retransmission. 178Notably, SBE now recommends that <strong>the</strong>se three suggestions not be adopted. 179 After reviewing <strong>the</strong>171172173174175CCB Supplemental Comments at 2; Prome<strong>the</strong>us Supplemental Comments at 2.Lexington Calvary Supplemental Comments at 1; Viernstein Supplemental Comments at 1.15 FCC Rcd at 2280.Id. at 2282.NPRM, 16 FCC Rcd at 7266.176Two commenters argue that <strong>the</strong> monthly tests are not a burden to EAS participants and <strong>the</strong>refore shouldremain in place. Named StBAs Comments at 17; WSAB/WA SECC Comments at 14.177Two commenters assert that making <strong>the</strong> attention signal optional would decrease <strong>the</strong> effectiveness of EAS at<strong>the</strong> risk of public safety. Named StBAs Comments at 17; WSAB/WA SECC Comments at 14. Two commenterssupport making <strong>the</strong> attention signal optional. Ohio EMA Comments at 5; Seven Ranges Comments at 15.178Two commenters support adding <strong>the</strong> EVI code to <strong>the</strong> list of event codes for which retransmission isrequired. WSAB/WA SECC Comments at 15; Ohio EMA Comments at 5.179SBE Comments at 3; SBE Reply Comments at 9.30

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