Waiver Requests 

Beginning June 30, 2012, all cable operators must have the capability to receive Common Alerting Protocol (CAP)-formatted Emergency Alert System (EAS) messages.  If you do not have CAP-compliant EAS equipment installed by June 30, 2012, we suggest you apply for a waiver, particularly in light of the fines for noncompliance.  The FCC’s base forfeiture for not having required EAS equipment installed and operational (including CAP-compliant equipment) is $8,000, and may be increased based on the circumstances. 

Given the impending deadline, if you need a waiver, you should file as soon as possible.  The FCC will review the facts and circumstances of each waiver request on its own merits.  Below are examples of various scenarios: 

1)               System headend lacks physical access to an Internet connection (needed for CAP-compliant equipment to work properly):  The FCC created a presumption in favor of a waiver.  In such circumstances: 

• Even though there is a presumption in favor of a waiver, you still must file a waiver request and have traditional EAS equipment installed and operating. 
• The FCC anticipates granting waivers of no more than six months, with the option of renewal if circumstances have not changed. 

2)               Other systems that are not CAP-compliant: 

• Financial Hardship.  The FCC did not create any type of presumption in favor of waiver where a system operator claims a high cost for obtaining CAP compliance. Rather, the FCC indicated that it would handle such requests on a case-by-case basis, depending on the relevant facts.  The FCC has indicated that it is unlikely to grant general waivers absent extraordinary circumstances.  
• Waivers for other reasons.  In the past, the FCC has considered waivers in other instances, including where a system operator plans to shut down a system within a few months of the deadline, or where required equipment has been ordered but delivery is delayed.  The likelihood of receiving such a waiver depends on the specific circumstances. 

We can assist you with the waiver process.  If you would like to discuss a waiver request, please contact Scott Friedman at (312) 372-3930 or sfriedman@cm-chi.com, or James Moskowitz at (202) 872-6881 or jmoskowitz@cm-chi.com.