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

Federal Communications Commission FCC 02-64as 2,500 headends and nodes. 20 Commenters express concern that some broadcast stations and cablesystems, particularly smaller entities, may forego equipment upgrades necessary to incorporate therevised codes because of these costs. 21 As we discuss in more detail below, we do not wish to imposeadditional costs and burdens on EAS participants that may result in reduced voluntary participation instate and local EAS activities. We are also very concerned that revision of the existing codes may causethe public to miss emergency warnings for these important events if some broadcast stations and cablesystems choose not to upgrade their EAS equipment.10. Moreover, NWS disputes our suggestion in the NPRM that it has the capability totransmit both existing and revised codes for Tornado Warning, Severe Thunderstorm Warning andEvacuation Immediate events during a transition period, asserting that NWR-SAME systems cannotencode two event codes in the same message header. 22 Other commenters also raise strenuous objectionsto this suggestion, arguing that the simultaneous transmission of existing and revised codes for theseimportant events could lead to confusion and error. 23 Thus, it appears that providing a transition periodduring which both existing and revised codes could be used is not a viable option. Particularly in view ofthe cost and safety concerns cited above, we are unwilling to revise any existing event codes withoutbeing able to afford broadcast stations and cable systems an adequate period of time to ease thetransition.b. New Event Codes11. Section 11.31(e) of the Rules lists the authorized three-letter event codes for nationalEAS events and tests, which broadcasters and cable systems are required to receive and transmit, and forstate and local EAS events, which broadcasters and cable systems voluntarily participating in state andlocal area EAS plans may transmit on an optional basis. 24 We sought comment in the NPRM on requestsby NWS and others that we amend Section 11.31(e) to add new state and local event codes foremergency conditions not included in the current list and for certain administrative messages and non-EAS applications. 25 We included a listing of the recommended new event codes in an Appendix to theNPRM. 26 We also sought comment on whether, as an alternative to adding new state and local eventcodes and location codes, we should amend the rules to provide that any modifications to existingauthorized EAS equipment that are necessary to implement revisions in EAS codes are Class I permissivechanges that do not require a new application for and grant of equipment certification. 27 Under thisalternative, broadcasters and cable systems could satisfy their EAS obligations with equipment designedto function with either the existing codes or an expanded range of codes. Additional state and local event20NCTA Comments at 5.21NCTA Comments at 4; Named StBAs Comments at 6; WSAB/WA SECC Comments at 4; Seven RangesComments at 11.222324252627NWS Comments at 2.Named StBAs Comments at 7; WSAB/WA SECC Comments at 4.47 C.F.R. § 11.31(e).NPRM, 16 FCC Rcd at 7257.Id. at 7268-69.Id. at 7261. See 47 C.F.R. § 2.1043.6