Sec. 73.1250 Broadcasting emergency information.
(a) Emergency situations in which the broadcasting of information is
considered as furthering the safety of life and property include, but
are not limited to the following: Tornadoes, hurricanes, floods, tidal
waves, earthquakes, icing conditions, heavy snows, widespread fires,
discharge of toxic gasses, widspread power failures, industrial
explosions, civil disorders and school closing and changes in school bus
schedules resulting from such conditions. See also Sec. 73.3542,
Application for Emergency Authorization, for requirements involving
emergency situations not covered by this section for which prior
operating authority must be requested.
(b) If requested by responsible public officials, a station may, at
its discretion, and without further FCC authority, transmit emergency
point-to-point messages for the purpose of requesting or dispatching aid
and assisting in rescue operations.
(c) If the Emergency Alert System (EAS) is activated for a national
emergency while a Local Area or State emergency operation is in
progress, the national level EAS operation must take precedence. If,
during the broadcasting of Local Area or State emergency information,
the EAS codes or Attention Signal described in Sec. 11.12 of this
chapter are used, the broadcasts are considered as being carried out
under a Local Area or State EAS plan.
(d) Any emergency operation undertaken in accordance with this
section may be terminated by the FCC if required in the public interest.
(e) Immediately upon cessation of an emergency during which
broadcast facilities were used for the transmission of point-to-point
messages under paragraph (b) of this section, or when daytime facilities
were used during nighttime hours by an AM station in accordance with
paragraph (f) of this section, a report in letter form shall be
forwarded to the FCC in Washington, DC, setting forth the nature of the
emergency, the dates and hours of the broadcasting of emergency
information, and a brief description of the material carried during the
emergency. A certification of compliance with the noncommercialization
provision of paragraph (f) of this section must accompany the report
where daytime facilities are used during nighttime hours by an AM
station, together with a detailed showing, under the provisisons of that
paragraph, that no other broadcast service existed or was adequate.
(f) AM stations may, without further FCC authority, use their full
daytime facilities during nighttime hours to broadcast emergency
information (examples listed in paragraph (a) of this section), when
necessary to the safety of life and property, in dangerous conditions of
a general nature and when adequate advance warning cannot be given with
the facilities authorized. Because of skywave interference impact on
other stations assigned to the same channel, such operation may be
undertaken only if regular, unlimited-time service, is non-existent,
inadequate from the standpoint of coverage, or not serving the public
need. All operation under this paragraph must be conducted on a
noncommercial basis. Recorded music may be used to the extent necessary
to provide program continuity.
(g) Broadcasting of emergency information shall be confined to the
hours, frequencies, powers and modes of operation specified in the
station license, except as otherwise provided for AM stations in
paragraph (f) of this section.
[[Page 271]]
(h) Any emergency information transmitted by a TV station in
accordance with this section shall be transmitted both aurally and
visually or only visually. TV stations may use any method of visual
presentation which results in a legible message conveying the essential
emergency information. Methods which may be used include, but are not
necessarily limited to, slides, electronic captioning, manual methods
(e.g., hand printing) or mechanical printing processes. However, when an
emergency operation is being conducted under a national, State or Local
Area Emergency Alert System (EAS) plan, emergency information shall be
transmitted both aurally and visually unless only the EAS codes are
transmitted as specified in Sec. 11.51(b) of this chapter.
[ 43 FR 45847 , Oct. 4, 1978, as amended at 50 FR 30947 , July 31, 1985; 59 FR 67102 , Dec. 28, 1994; 60 FR 56000 , Nov. 6, 1995]
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