REMINDER: Digital EAS Requirements Kick in at Year’s End

By Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.

With budgets in the works and only about 100 shopping days until Christmas, stations should keep in mind that the FCC has expanded the EAS obligations to include digital radio and television broadcasters. The new requirements go into effect on December 31, 2006.

When the FCC adopted the new requirements in 2005, it recognized that digital broadcasters may need to resolve technical issues, such as equipment procurement, installation, and training, in order to comply with these requirements and provided broadcasters over a year’s time in which to do so. Stations that have not yet procured or installed necessary equipment, resolved technical issues, or provided training to station personnel should take all necessary steps now to position themselves to be in compliance by the end of this calendar year.

Here is a brief review of the new requirements:

Under the FCC’s new rules, digital television stations—including digital LPTV stations and digital Class A television stations—will have the same EAS obligations as analog television stations. Likewise, digital radio stations—including digital LPFM stations—will have the same obligations as analog radio stations. Specifically, all digital broadcasters:

* Must participate in all national EAS activations.
* May—but, like analog stations, are not required to—participate in state and local EAS activations. Digital stations choosing to transmit state and local EAS messages must, like analog stations, comply with the EAS rules governing those messages.
* Must provide EAS messages to viewers and listeners of all digital program streams, whether those program streams are free over-the-air or subscription-based.

Finally, the Board approved the 2006/07 budget which begins in October. The staff would like to thank both the Board and the members of the Association for all of your hard work during 2006.

We would also like to thank you for allowing us to manage the Virginia Association of Broadcasters for another year. This will be the 31st year in our long partnership with your Association.