A cable operator just entered into a $1.1 million dollar consent decree with the FCC over taking its EAS equipment offline during an upgrade. In September 2022, the FCC adopted new EAS rules requiring EAS participants to use text and audio from alerts issued in the Internet-based Common Alert Protocol (CAP) format, if it is available from the Integrated Public Alert and Warning System, in preference to the EAS protocol version received over the air. Charter Communications Inc. commenced to implement the FCC’s required upgrades by rolling out new EAS equipment. According to the FCC, during the rollout, it took a number of EAS devices offline as the new devices were being rolled out.
According to the FCC, the EAS regulations state:
“The Commission’s part 11 rules require EAS participants to have EAS Devices installed and capable of sending and receiving EAS tests and messages. Section 11.35(a) of the Rules requires EAS Participants to ensure that EAS Devices are “installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.” Section 11.35(b), however, states EAS participants may operate without EAS equipment for 60 days without further FCC authority in order to repair or replace defective equipment. Section 11.35(c) states EAS participants must submit an informal request to the FCC for additional time if replacement is not completed within 60 days.”
Charter argued that it took it EAS equipment offline to “repair or replace” the devices consistent with Section 11.35(b). Charter Communications stated it was acting in good faith to comply with the FCC upgrade rules.
Nonetheless, the FCC found that it could not take the equipment offline without prior approval because the EAS equipment was not defective. Taking EAS equipment offline to upgrade the equipment did not fall within the scope of the exception. Accordingly, Charter needed prior approval to take any EAS equipment offline.
The lesson here is that you need the FCC’s prior approval before taking EAS equipment offline.
You can see the FCC’s Consent Decree here.