1 47 C.F.R. §§ 11.1, et seq.

2 Amendment of Part 73, Subpart G, of the Commission's Rules Regarding the Emergency Broadcast System, Report and Order and Further Notice of Proposed Rule Making, FO Docket Nos. 91-171/91-301, 10 FCC Rcd 1786 (1994) ("First Report and Order"), reconsideration granted in part, denied in part, 10 FCC Rcd 11494 (1995) ("Memorandum Opinion and Order").

3 Amendment of Part 73, Subpart G, of the Commission's Rules Regarding the Emergency Broadcast System, Second Report and Order, FO Docket Nos. 91-171/91-301, 12 FCC Rcd 15503 (1997) ("Second Report and Order"). For purposes of the EAS rules, a "wireless cable system" is a collection of Multipoint Distribution Service, Multichannel Multipoint Distribution Service or Instructional Television Fixed Service channels used to provide video programming and other one-way and two-way communications services to subscribers. The channels may be licensed to or leased by wireless cable system operators. See 47 C.F.R. § 11.11(c)(1).

4 Although all broadcast stations, cable systems and wireless cable systems are required to install EAS equipment, they have the option of requesting FCC authorization to be Non-participating National ("NN") sources. In the event of a national EAS alert, NN sources are required to transmit a sign-off announcement and then go off the air. See 47 C.F.R. §§ 11.19, 11.41 and 11.54. In addition, Class D noncommercial FM, low power FM and low power TV stations are required to install EAS decoders, but are not required to install or operate EAS encoders. See 47 C.F.R. § 11.11(b).

5 Hereafter, for convenience, we include wireless cable systems when we refer to cable systems.

6 Notice of Proposed Rulemaking, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, 16 FCC Rcd 7255 (2001).

7 NWS Petition for Rulemaking, RM-9215 (filed December 30, 1997). The Commission staff issued a public notice announcing the filing of NWS's Petition on January 14, 1998. Comments on NWS's petition were filed by the Society of Broadcast Engineers.

8 SBE Petition for Rulemaking, RM-9156 (filed August 14, 1997). The Commission staff issued a public notice announcing the filing of SBE's petition on August 22, 1997. Comments on SBE's petition were filed by the National Association of Broadcasters, Fox Television Stations, Inc., Multi-Technical Services, Inc., and the West Virginia Broadcasters Association. Reply comments were filed by SBE.

9 A list of the commenters and reply commenters, and the abbreviations by which they are referred to in this document, is set forth in Appendix A.

10 NPRM, 16 FCC Rcd at 7257.

11 Under NWS's naming convention, "warnings" include events that pose a significant threat to public safety and/or property, have a high probability of occurrence in a particular location, and have a relatively short onset time; "watches" include events that pose a significant threat to public safety and/or property, but either the onset time or probability of occurrence or location is uncertain; "emergencies" include events that do not meet the definition of warning or watch but are of such a nature that the information is important and may require public response; and "statements" are follow-up messages. NPRM, 16 FCC Rcd at 7257.

12 NWS Comments at 1.

13 NWS states that the naming convention was included in the NWR-SAME specification prior to the manufacture of the first NWR-SAME weather receivers and NWS believes that all such receivers have this capability. NWS Comments at 1. RadioShack, the leading supplier of consumer NWR-SAME weather radios, also confirms that its weather radios have this capability. RadioShack Comments at 1-2.

14 SBE Comments at 7; Thunder Eagle Comments at 5-6; Named StBAs Reply Comments at 3. In addition, the Connecticut Broadcaster Association Emergency Communications Committee ("CBA/EAS") submitted separate comments indicating that it fully supports and incorporates by reference the comments filed by Named StBAs. CBA/EAS Comments at 1. Hereafter, we include CBA/EAS when we refer to Named StBAs.

15 NWS Comments at 2.

16 NCTA Comments at 4-5; NAB Comments at 3-4; Named StBAs Comments at 6; WSAB/WA SECC Comments at 4.

17 Gorman Comments at 1; TFT Comments at 3.

18 NCTA Comments at 4.

19 Gorman Comments at 1; TFT Comments at 3. These estimates include the cost of upgrading EAS equipment to revise existing codes and to add new codes.

20 NCTA Comments at 5.

21 NCTA Comments at 4; Named StBAs Comments at 6; WSAB/WA SECC Comments at 4; Seven Ranges Comments at 11.

22 NWS Comments at 2.

23 Named StBAs Comments at 7; WSAB/WA SECC Comments at 4.

24 47 C.F.R. § 11.31(e).

25 NPRM, 16 FCC Rcd at 7257.

26 Id. at 7268-69.

27 Id. at 7261. See 47 C.F.R. § 2.1043.

28 See NWS Comments at 2; SBE Comments at 15; NAB Comments at 3; NCTA Comments at 4; Named StBAs Comments at 7; WSAB/WA SECC Comments at 4; RadioShack Comments at 3; Cox Comments at 3; Ohio EMA Comments at 2; Thunder Eagle Comments at 7; Schallenberg Comments at 2; OAPC Comments at 2; ARMS Comments at 2; NCMEC Comments at 9; DC AMBER Taskforce Comments at 1; 39 Members of Congress Comments at 1; Range Telecommunications Comments at 1.

29 Id.

30 Named StBAs Comments at 13; WSAB/WA SECC Comments at 11-12; Ohio EMA Comments at 3-4; TFT Comments at 7-8; Gorman Comments at 2; Thunder Eagle Comments at 12; NWS Comments at 7; RadioShack Comments at 3; SBE Reply Comments at 7.

31 Named StBAs Comments at 13; WSAB/WA SECC Comments at 11-12; TFT Comments at 8.

32 Named StBAs Comments at 13; WSAB/WA SECC Comments at 11-12.

33 However, as discussed below, we will amend the rules to provide that any modifications to existing authorized EAS equipment that are necessary to implement revisions in EAS codes are Class I permissive changes that do not require a new application for and grant of equipment certification.

34 SBE Comments at 7; Ohio EMA Comments at 2; SBE Reply Comments at 11.

35 NCTA Comments at 4-5; NAB Comments at 4; Thunder Eagle Comments at 5.

36 NCTA Comments at 4-5.

37 In 1976, the FCC, NWS, the Defense Civil Preparedness Agency and the National Industry Advisory Committee ("NIAC") approved a plan for the use of the former EBS for state and local emergencies. See Plan for Nationwide Use of the Emergency Broadcast System for State and Local Emergencies (June 28, 1976). This plan was revised in 1982 pursuant to a Memorandum of Understanding between the FCC, the Federal Emergency Management Agency, NWS and NIAC. See Memorandum of Understanding on State and Local Emergency Broadcasting System (April 21, 1982).

38 Gorman Comments at 1; TFT Comments at 3; NCTA Comments at 4.

39 Gorman Comments at 1; TFT Comments at 3. These estimates include the cost of upgrading EAS equipment to revise existing codes and to add new codes.

40 See KPVI Comments at 1; Seven Ranges Comments at 11; NAB Comments at 4.

41 NCTA Comments at 4.

42 Id.

43 NAB Comments at 8.

44 NCTA Comments at 4; WSAB/WA SECC Comments at 3; Named StBAs Comments at 5.

45 One manufacturer states that if one of its units receives a new code before it is upgraded, it will print out that it has received an "unknown event" and will not forward the message. Gorman Comments at 1. Another manufacturer indicates that its non-upgraded units will not recognize new codes as valid EAS messages. TFT Comments at 3.

46 Named StBAs Comments at 7; WSAB/WA SECC Comments at 4.

47 SBE Comments at 15; Named StBAs Comments at 7; WSAB/WA SECC Comments at 4; Gorman Comments at 1.

48 See e.g., NWS Comments at 3-4; SBE Comments at 16-19; Named StBAs Comments at 8-9; WSAB/WA SECC Comments at 5-6; Cox Comments at 3-4; Thunder Eagle Comments at 7-8; OAPC Comments at 2-3; NCMEC Comments at 6-10; ARMS Comments at 4; Frost Comments at 1; DC AMBER Taskforce Comments at 3-4; SBT Comments at 1-2; 39 Members of Congress Comments at 1-2; Range Comments at 1.

49 NPRM, 16 FCC Rcd at 7268.

50 NCMEC Comments at 6-10; OAPC Comments at 3; ARMS Comments at 4; DC AMBER Taskforce Comments at 3-4; 39 Members of Congress Comments at 1-2; Lampson Comments at 1-2; Frost Comments at 1; Range Comments at 1; NAB Comments at 6-8; WSAB/WA SECC Comments at 6-8; Named StBAs Comments at 7-9; SBE Comments at 16; SBT Comments at 1-2; KPVI Comments at 1; Named StBAs Reply Comments at 3; SBE Reply Comments at 3-4. None of the commenters oppose addition of a specific event code to activate AMBER Plans.

51 NCMEC explains that the acronym "AMBER" stands for "America's Missing: Broadcast Emergency Response." NCMEC Comments at 2.

52 NCMEC Comments at 2-8.

53 NCMEC Comments at 9; 39 Members of Congress Comments at 1; Lampson Comments at 1; OAPC Comments at 3; ARMS Comments at 4; WSAB/WA SECC Comments at 7; DC AMBER Taskforce Comments at 3-4; SBT Comments at 1; Named StBAs Comments at 8-9; NAB Comments at 6-7; Range Comments at 1; SBE Reply Comments at 3-4.

54 WSAB/WA SECC Comments at 8.

55 NPRM, 16 FCC Rcd at 7269.

56 WSAB/WA SECC Comments at 6; SBE Comments at 18. WSAB/WA SECC notes that while the non-precipitation warning codes are for NWS internal use only, some systems require a manual translation of the code received into a different code to be transmitted, and that an operator error could result in the NWS sending a nuclear power plant warning inadvertently. WSAB/WA SECC Comments at 6.

57 NWS Comments at 4.

58 SBE Comments at 18; SBE Reply Comments at 4.

59 NPRM, 16 FCC Rcd at 7269.

60 WSAB/WA SECC Comments at 5; SBE Reply Comments at 5-6.

61 NPRM, 16 FCC Rcd at 7269.

62 NWS Comments at 3.

63 SBE Reply Comments at 5.

64 NPRM, 16 FCC Rcd at 7269.

65 SBE Comments at 12.

66 We acknowledge that EAS equipment at broadcast stations and cable systems which monitor NWR directly will not recognize these administrative codes and may log an "unknown event." Broadcast stations and cable systems may avoid this minor inconvenience by upgrading their equipment to incorporate the selective displaying and logging feature we are authorizing in this Report and Order. See paragraph 45 below.

67 Thunder Eagle Comments at 8; Martin Reply Comments at 1.

68 SBE Reply Comments at 11.

69 SBE Comments at 15; WSAB/WA SECC Comments at 4.

70 SBE Comments at 16-19; WSAB/WA SECC Comments at 5-6.

71 One equipment manufacturer notes, without elaboration, that "the event code table and location code table can't be unlimited." Gorman Comments at 1.

72 NPRM, 16 FCC Rcd at 7257.

73 Specifically, we are not adding the suggested event codes for Civil Danger Watch, Dust Storm Watch, Earthquake Watch, Hazardous Materials Watch, Radiological Hazard Watch and Volcano Watch.

74 NPRM, 16 FCC Rcd at 7259.

75 NCTA Comments at 6.

76 Ohio EMA Comments at 2.

77 SBE Comments at 14-15.

78 Id.

79 Named StBAs Comments at 9-10; WSAB/WA SECC Comments at 8-9.

80 Thunder Eagle Comments at 9-10.

81 SBE Reply Comments at 11.

82 47 C.F.R. § 11.31(f).

83 NPRM, 16 FCC Rcd at 7259-60.

84 Id. at 7270.

85 NWS Comments at 5; NAB Comments at 4; Collins Comments at 2; Cox Comments at 2; Ohio EMA Comments at 2; Thunder Eagle Comments at 10.

86 Id. at 10.

87 NWS Reply Comments at 1.

88 Schallenberg Comments at 2.

89 NCTA Comments at 6.

90 NPRM, 16 FCC Rcd at 7260.

91 NWS Comments at 5; SBE Comments at 11; Thunder Eagle Comments at 11; Cox Comments at 2; Ohio EMA Comments at 2; TFT Comments at 5.

92 NAB Comments at 5.

93 Memorandum Opinion and Order, 10 FCC Rcd at 11500.

94 TFT Comments at 5.

95 Gorman Comments at 2. See also Seven Ranges Comments at 13.

96 NWS Comments at 5; SBE Reply Comments at 7.

97 See 47 C.F.R. § 11.31(c). See also Memorandum Opinion and Order, 10 FCC Rcd at 11500.

98 NPRM, 16 FCC Rcd at 7260-61.

99 RadioShack Comments at 4; Named StBAs Comments at 11; WSAB/WA SECC Comments at 9-10; NCTA Comments at 6; Ohio EMA Comments at 3; Thunder Eagle Comments at 11-12; Gorman Comments at 2; SBE Reply Comments at 6. Only one commenter states that it is not opposed to customized location coding. TFT Comments at 6.

100 NPRM, 16 FCC Rcd at 7261.

101 NWS Comments at 7.

102 NAB Comments at 3; Named StBAs Comments at 12; NCTA Comments at 7-8; WSAB/WA SECC Comments at 10-11; SBE Comments at 14; Thunder Eagle Comments at 12; Gorman Comments at 2; RadioShack Comments at 4-5; Ohio EMA Comments at 19. Cox was the only commenter which supported revision of NWS's originator code. Cox Comments at 2-3.

103 NPRM, 16 FCC Rcd at 7262-63.

104 47 C.F.R. § 11.33(a)(3) and (a)(4).

105 The Part 11 rules do not specify how EAS messages must be logged by EAS equipment. EAS equipment generally logs an EAS message by printing a record of the message on an external printer, by storing the message internally, or by storing the message in an external computer. In addition, broadcast stations and cable systems are required to make entries of EAS activations and tests in their station logs or system records.

106 NWS Comments at 7; SBE Comments at 2; NAB Comments at 5; Ohio EMA Comments at 4; Thunder Eagle Comments at 13; TFT Comments at 8-9.

107 NWS Comments at 7.

108 SBE Comments at 2; SBE Reply Comments at 7-8.

109 See 47 C.F.R. §§ 11.51(l), 11.52(e)(2) and 11.61(a)(1)(v).

110 NPRM, 16 FCC Rcd at 7262.

111 NAB Comments at 6; NCTA Comments at 8; Named StBAs Comments at 13-14; WSAB/WA SECC Comments at 12; Cox Comments at 7; Ohio EMA Comments at 4; Salem Comments at 1-2; Gorman Comments at 2.

112 Tharp Comments at 1-2.

113 Heskett Comments at 1.

114 Seven Ranges Comments at 5.

115 SBE Reply Comments at 8.

116 NPRM, 16 FCC Rcd at 7262.

117 SBE Comments at 1-2.

118 RadioShack Comments at 5.

119 NPRM, 16 FCC Rcd at 7263.

120 NAB Comments at 3-4; Named StBAs Comments at 14; WSAB/WA SECC Comments at 13; NCTA Comments at 9; Cox Comments at 5; NWS Comments at 8; RadioShack Comments at 6; Thunder Eagle Comments at 14-15; Named StBAs Reply Comments at 7.

121 SBE Comments at 5; SBE Reply Comments at 7.

122 NCTA Comments at 9.

123 Named StBAs Comments at 14; WSAB/WA SECC Comments at 13; Cox Comments at 5; Thunder Eagle Comments at 15.

124 NPRM, 16 FCC Rcd at 7264.

125 SBE Comments at 6; Named StBAs Comments at 16; Cox Comments at 6-7; and WSAB/WA SECC Comments at 14.

126 SBE Comments at 6; Cox Comments at 6.

127 47 C.F.R. § 11.51.

128 Ohio EMA Comments at 5.

129 See 47 C.F.R. §§ 11.44(c), 11.51(k)(2) and 11.51(l).

130 See 47 C.F.R. §§ 11.51(j) and 11.52(c).

131 "Key" stations and systems are broadcast stations and cable systems that are designated as state or local primary EAS sources in their EAS plan and thus are monitored by other stations and systems in their EAS area.

132 NPRM, 16 FCC Rcd at 7263-64.

133 Named StBAs Comments at 15; WSAB/WA SECC Comments at 13, Ohio EMA Comments at 5.

134 NPRM, 16 FCC Rcd at 7264.

135 Ohio EMA reports that the State of Ohio has not experienced this problem. Ohio EMA Comments at 5.

136 TFT Comments at 10.

137 NPRM, 16 FCC Rcd at 7264-65.

138 The other network used to distribute national level messages is the Primary Entry Point ("PEP") system, which was originally developed to serve as a backup to the EAN network. The PEP system consists of a nationwide network of broadcast stations designated as National Primary sources that are connected with government activation points. 47 C.F.R. § 11.14(b).

139 Memorandum from President William J. Clinton to James L. Witt, Director, Federal Emergency Management Agency (September 15, 1995).

140 Named StBAs Comments at 16; Ohio EMA Comments at 5.

141 NPRM, 16 FCC Rcd at 7265.

142 47 C.F.R. § 11.54(b)(9).

143 Letter to Douglas W. Garlinger, Chairman, EAS Compliance Committee, National Association of Shortwave Broadcasters, Inc., from Arlan K. van Doorn, Deputy Chief, Compliance and Information Bureau, Federal Communications Commission (December 20, 1996).

144 Ohio EMA Comments at 5.

145 Public Broadcasters Comments at 4-8.

146 Public Broadcasters Comments at 3 (citing Louisiana Association of Broadcasters, 57 FCC 2d 648, 651 (1976)).

147 On February 16, 2001, the Public Broadcasters filed a joint request for a permanent waiver of the requirement to install EAS equipment for certain satellite/repeater stations which rebroadcast 100% of their hub station's programming. By letter dated April 19, 2001, the

148 Commission staff denied this request, stating that changes of this magnitude are best addressed in a rulemaking proceeding so that all interested parties may have the opportunity to comment. Letter from Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau, Federal Communications Commission, to Christine J. Newcomb, Dow, Lohnes & Albertson (April 19, 2001).
Commission records indicate that there are approximately 100 satellite/repeater stations which currently have temporary waivers of the EAS rules and thus would be eligible for the exemption.

149 NCTA/TDI/NAD Comments at 2-3.

150 47 C.F.R. § 11.11(a).

151 Media Access Project Comments at 1-2.

152 47 C.F.R. § 11.11(b).

153 Creation of a Low Power Radio Service, 15 FCC Rcd 2205, 2282 (2000).

154 Public Notice, DA 01-2775 (released November 30, 2001).

155 A list of the parties which submitted comments on the public notice, and the abbreviations by which they are referred to in this document, is set forth in Appendix A.

156 HollyAnne Supplemental Comments at 1; Sage Supplemental Comments at 1.

157 HollyAnne Supplemental Comments at 1.

158 Sage Supplemental Comments at 1.

159 TFT Supplemental Comments at 4.

160 Id. at 5.

161 Id. at 6-7.

162 Vela Supplemental Comments at 2.

163 ACA Supplemental Comments at 1.

164 WCA Supplemental Comments at 1.

165 SBE Supplemental Comments at 4.

166 47 C.F.R. § 11.33.

167 ACA Supplemental Comments at 1.

168 Second Report and Order, 12 FCC Rcd at 15513, n. 59.

169 47 U.S.C. § 544(g). Section 624(g) provides that "each cable operator shall comply with such standards as the Commission shall prescribe to ensure that viewers of video programming on cable systems are afforded the same emergency information as is afforded by the emergency broadcasting system pursuant to Commission regulations …."

170 CCB Supplemental Comments at 1; Prometheus Supplemental Comments at 2; Christian Witness Supplemental Comments at 1; KURC Supplemental Comments at 1; Saunders Supplemental Comments at 1; Newport Supplemental Comments at 1; Bowles Supplemental Comments at 1.

171 CCB Supplemental Comments at 2; Prometheus Supplemental Comments at 2.

172 Lexington Calvary Supplemental Comments at 1; Viernstein Supplemental Comments at 1.

173 15 FCC Rcd at 2280.

174 Id. at 2282.

175 NPRM, 16 FCC Rcd at 7266.

176 Two commenters argue that the monthly tests are not a burden to EAS participants and therefore should remain in place. Named StBAs Comments at 17; WSAB/WA SECC Comments at 14.

177 Two commenters assert that making the attention signal optional would decrease the effectiveness of EAS at the risk of public safety. Named StBAs Comments at 17; WSAB/WA SECC Comments at 14. Two commenters support making the attention signal optional. Ohio EMA Comments at 5; Seven Ranges Comments at 15.

178 Two commenters support adding the EVI code to the list of event codes for which retransmission is required. WSAB/WA SECC Comments at 15; Ohio EMA Comments at 5.

179 SBE Comments at 3; SBE Reply Comments at 9.

180 NAB Comments at 13-15.

181 Second Report and Order, 12 FCC Rcd at 15521. See 47 C.F.R. § 11.51(g)(4).

182 Amendment of Part 73, Subpart G, of the Commission's Rules Regarding the Emergency Broadcast System, Third Report and Order, FO Docket Nos. 91-171/91-301, 14 FCC Rcd 1273, 1282-83 (1998) ("Third Report and Order").

183 NAB Comments at 14.

184 NCTA Reply Comments at 2-3. NCTA also points out that according to NAB's own estimate, the cost to cable systems of implementing mandatory selective override would range from $10,000 to 15,000 per system. Id. at 3 (citing NAB Comments at 14).

185 Third Report and Order, 14 FCC Rcd at 1282.

186 NAB Comments at 11-13; Seven Ranges Comments at 11-13; Named StBAs Reply Comments at 8-9; SBE Reply Comments at 9.

187 WSAB/WA SECC Comments at 16-17; SBE Comments at 13-14; NWS Reply Comments at 2.

188 See 47 C.F.R. § 11.31(c).

189 Thunder Eagle Comments at 2-3. For example, Thunder Eagle states that although Hurricane Watches and Warnings regularly last for 24 to 48 hour periods, NWS will not encode a Hurricane Watch or Warning alert message for more than six hours or reissue the alert after the initial six-hour period.

190 SBE Reply Comments at 12-13.

191 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 et seq., has been amended by the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) ("CWAAA"). Title II of the CWAAA is the Small Business Regulatory Fairness Enforcement Act of 1996.

192 Notice of Proposed Rulemaking, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, 16 FCC Rcd 7255, 7271-76 (2001).

193 5 U.S.C. § 604(a)(3).

194 5 U.S.C. § 601(6).

195 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA, the statutory definition of a small business applies "unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register."

196 Small Business Act, 15 U.S.C. § 632 (1996).

197 5 U.S.C. § 601(4).

198 U.S. Department of Commerce, Bureau of the Census, 1992 Economic Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the U.S. Small Business Administration).

199 47 C.F.R. § 1.1162.

200 5 U.S.C. § 601(5).

201 U.S. Dept. of Commerce, Bureau of the Census, "1992 Census of Governments."

202 Id.

203 13 C.F.R. § 121.201, NAICS code 513120.

204 U.S. Department of Commerce, Bureau of the Census, Economics and Statistics Administration, 1992 Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92-S-1, Appendix A-9 (1995) ("1992 Census, Series UC92-S-1").

205 Id.; see Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes "Television Broadcasting Stations" (SIC code 4833, now NAICS code 513120).

206 1992 Census, Series UC92-S-1, at Appendix A-9.

207 Id.; formerly SIC code 7812 (Motion Picture and Video Tape Production); formerly SIC code 7922 (Theatrical Producers and Miscellaneous Theatrical Services) (producers of live radio and television programs).

208 FCC News Release No. 31327 (January 13, 1993); 1992 Census, Series UC92-S-1, at Appendix A-9.

209 FCC News Release, "Broadcast Station Totals as of September 30, 2001."

210 A census to determine the estimated number of Communications establishments is performed every five years, in years ending with a "2" or "7." See 1992 Census, Series UC92-S-1, at III.

211 The amount of $10 million was used to estimate the number of small business establishments because the relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information.

212 13 C.F.R. § 121.201, NAICS codes 51311 and 51312.

213 1992 Census, Series UC92-S-1, at Appendix A-9.

214 Id.

215 Id.

216 Id.

217 The Census Bureau counts radio stations located at the same facility as one establishment. Therefore, each colocated AM/FM combination counts as one establishment.

218 FCC News Release, No. 31327 (January 13, 1993).

219 FCC News Release, "Broadcast Station Totals as of September 30, 2001."

220 We use the 77% figure of TV stations operating at less than $10 million for 1992 and apply it to the 2001 total of 1,686 TV stations to arrive at 1,298 stations categorized as small businesses.

221 We use the 95.65% figure of radio station establishments with less than $5 million revenue from data presented in the year 2001 estimate and apply it to the 13,012 individual station count to arrive at 12,550 individual stations categorized as small businesses.

222 FCC News Release, "Broadcast Station Totals as of September 30, 2001."

223 13 C.F.R. § 121.201, NAICS codes 513210 and 513220.

224 U.S. Department of Commerce, Bureau of the Census, 1992 Economic Census Industry and Enterprise Receipts Size Report, Table 2D, NAICS codes 513210 and 513220 (U.S. Bureau of the Census data under contract to the Office of Advocacy of the U.S. Small Business Administration).

225 The Commission developed this definition based on its determination that requiring cable systems serving fewer than 10,000 subscribers to comply with the EAS rules immediately may have an adverse economic effect on their operations. Second Report and Order, 12 FCC Rcd at 15516-17. Cable systems serving between 5,000 and 10,000 subscribers per headend must install EAS equipment and provide audio and video EAS messages on all programmed channels by October 1, 2002. Cable systems serving fewer than 5,000 subscribers per headend must either provide the national level EAS message on all programmed channels or install EAS equipment and provide a video interrupt and audio alert on all programmed channels and EAS audio and video messages on at least one programmed channel by October 1, 2002. See 47 C.F.R. § 11.11.

226 Television and Cable Factbook, Warren Publishing, Inc., at I-98 (2000).

227 47 U.S.C. § 543(m)(2).

228 See FCC Announces New Subscriber Count for the Definition of Small Cable Operator, Public Notice DA 01-158 (January 24, 2001).

229 47 C.F.R. § 76.901(f).

230 See FCC Announces New Subscriber Count for the Definition of Small Cable Operator, Public Notice DA 01-158 (January 24, 2001).

231 We do receive such information on a case-by-case basis only if a cable operator appeals a local franchise authority's finding that the operator does not qualify as a small cable operator pursuant to Section 76.901(f) of the Commission's Rules. See 47 C.F.R. § 76.990(b).

232 47 C.F.R. § 21.961(b)(1).

233 See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service and Implementation of Section 309(j) of the Communications Act - Competitive Bidding, MM Docket No. 94-131 and PP Docket No. 93-253, Report and Order, 10 FCC Rcd 9589 (1995).

234 13 C.F.R. § 121.201, NAICS codes 523210 and 523220.

235 Id.

236 5 U.S.C. § 601(3).

237 5 U.S.C. § 603(c)(1) - (c)(4).

 

Copyright 2006 Minnesota Broadcasters Association. All rights reserved.