EAS Waivers from FCC May Be Needed When Changing Broadcast Facilities

Over the years, a number of stations have moved their station's transmitting tower or installed new transmitters.  Under Section 11.35 of the FCC’s EAS rules, stations have 60 days to shut down.  The FCC has said:

"[Section] 11.35 of the FCC’s rules requires EAS Participants to ensure that their EAS equipment is “installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.”  EAS Participants may operate without EAS equipment for up to 60 days pending the repair or replacement of defective equipment."

If your equipment is defective, you can file under the FCC’s rules and have 60 days to repair or replace.   However, if your station remains operational and you do not have defective equipment, you will need a waiver from the FCC before you can turn off your EAS equipment, even for a short duration.  This often happens when broadcast facilities are moved, or when there is a change in ownership. 

In a recent decision, the FCC granted a waiver to several Florida stations while they moved facilities to a new transmitter site.  The FCC noted that the waiver request was for a short period of time and that the EAS equipment was moved from a flood prone area.  At the same time, the FCC did not grant a waiver for other stations because there was no time frame or other public interest fact presented.

Bottom line, if you are moving facilities and remain operational, do not forget to obtain a waiver of the FCC EAS rules if you are shutting down your EAS equipment.  This applies even if it is for a short period of time.

You can see the FCC decision here.