As detailed in the recent Public Notice released by the FCC’s Public Safety and Homeland Security Bureau, all Emergency Alert System (“EAS”) Participants must report detailed information about their performance in the national EAS test held on September 28, 2016 by filing their EAS Test Reporting System (“ETRS”) Form Three by November 14, 2016.

Background.  On September 28, 2016, in conjunction with FEMA, the FCC conducted a National Test of the EAS system.  EAS Participants are required to report the results on the National Test to the FCC through three forms: 

• Form 1 –which collects identifying information, including system information and EAS point-of-contact information. 
• Form 2 – which collects “day of test” data, including whether the EAS National Test alert code was received and rebroadcast.
• Form 3 – which collects detailed “post-test” data, including information regarding receipt and rebroadcasting of the alert code.  

ETRS Requirements.  Under the FCC’s EAS rules, EAS Participants must file detailed post-test data on ETRS Form Three within 45 days following a nationwide EAS test.  Accordingly, EAS Participants must submit Form Three by today, November 14, 2016. 

 If you have questions about EAS or about completing the ETRS forms, please contact Becca Rabin at brabin@cinnamonmueller.com or (312) 580-8557.

REMINDER:  Cable Operators Must Upload Existing Public Inspection File Materials to FCC-Hosted Online Database by December 24, 2016

All cable systems with 1,000 or more subscribers must place their existing public file documents into the FCC-hosted database by December 24, 2016 (subject to exemptions below).  Existing documents are those that cable operators maintained in their local public inspection files prior to the June 24, 2016 effective date of the online public inspection file rules. 

Online Public File Requirements.  The primary new and revised public inspection file requirements cable operators must meet are described below.

Small system exemptions.  Cable systems with fewer than 1,000 subscribers are exempt from the requirement to upload their public inspection files to the FCC’s online database.  These systems must continue to maintain their local public inspection files as required under existing rules.

Cable systems serving between 1,000 and 5,000 subscribers, which previously were required to make certain information only available upon request, must now post this information to their online public files.

Document formats and locations.  The FCC did not specify a standard format for the online file.  Cable operators will be required to upload documents to the online file in their existing format, and the FCC will display the documents in both the uploaded format and in a pdf version.  If a required document already exists in a searchable format, documents must be uploaded in that format to the extent technically feasible.  For channel lineups, operators may include in the online database a link to an alternate online location, such as the operator’s website, where this information is maintained.

Back-up political files.  Operators must make back-up copies of their political file documents, so they can be produced if the FCC online database is unavailable.  Operators may meet this back-up requirement by periodically downloading a mirror copy of their online public file, including the political file, or by maintaining a local back-up of the political file.

Website requirements.  Operators with websites must post a link, on their home page, to the first page of the operator’s online public inspection file.  Operators must also include on their home page contact information for a representative who can assist people with disabilities with issues related to the content of the public file, as well as contact information for an individual who can answer questions about the file in general.

With respect to a cable system’s equal employment opportunity (“EEO”) requirements, cable operators must continue to make their EEO materials available on their websites.  Cable operators may meet this obligation by providing a direct link to their EEO materials in their online public file. 

Geographic information.  When first establishing their online public file, cable operators will be required to provide a list of five-digit ZIP codes served by the cable system.  Cable operators with more than one physical system identifier (“PSID”) will be required to identify the ZIP code(s) served by each PSID.

Clarifications Regarding Content of Public Files.  Cable operators will no longer be required to maintain their proof-of-performance and signal leakage information in the public inspection file or upload this information to the online file.  Note, this material still must be maintained by the operator and made available to the FCC and local franchise authorities upon request.

Effective Dates for Online File Requirements.  The FCC varied the effective dates of the online file requirements depending on system size.

Uploading new materials.  Systems with 1,000 or more subscribers were required to begin using the online public file for new materials on June 24, 2016.  With respect to political files only, systems with between 1,000 and 5,000 subscribers are not obligated to begin uploading political file new material until March 1, 2018. 

Uploading existing materials.  Systems with 1,000 or more subscribers must upload existing materials (except for political file materials) to the online database by December 24, 2016.  Cable operators are not required to upload existing political file materials.  Operators that choose not to upload existing political file materials must maintain the records locally for the remainder of the political file’s two-year retention period.

If you have questions about the cable public file rules or the requirement to post them online, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

Signal Leakage Reports Due by December 31, 2016 

If your system uses aeronautical frequencies, you must conduct signal leakage measurements and file FCC Form 320 at least once each calendar year.  The form should be filed within 45 days of testing so that the most current CLI information is on record with the FCC.  In the past, the FCC has fined cable operators for violating the signal leakage rules, even when a third party caused the signal leakage. 

FCC Form 320 must be filed electronically through the FCC’s Cable Operations and Licensing System (COALS).  To access COALS, go to https://apps.fcc.gov/coals/.  

 If you have questions about FCC Form 320, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.