[EAS] Statewide CAP in CA?

[Richard_Rudman]

Dave:

Here are my answers to your questions:

1. An EAS plan is policy, not legally binding rules. The most critical part of local plans are the monitoring assignments and RMT dates and times that FCC inspectors look for when they see you local plan you should have posted when they do inspections. A Plan can refer to the Rules. If all subject to a plan (or a substantial number) agree to a non-rule policy, I see no harm in adding specific policies that are not covered by the Rules, as long as broadcasters in your area go along. For me, a good example of arriving at a specific local policy in a local EAS plan is substantial market agreement on day and night times when the RMT's for that market will be done.  

2. I think the way you put in the extra RWT requirement in a plan is to use words like "recommend" or "suggest". There is little real value in the RWT as practiced now as a valid test of the EAS unless they are originated at a warning center (like NOAA NWR or and EOC). For much more detailed thoughts of what BWWG thinks about RWT's, you can read the Comments we filed with the FCC.

The BWWG has come up with our "Two Steps Forward" initiative you can find on the EAS Forum. You might want to look at that to see what we are proposing for better cooperation between the emergency management community and better buy-in to running the EAS events described in your plan that I think may answer your question. You can include or exclude any EAS code in your plan unless it modifies the mandatory federal requirements. 

You are asking some questions that are so far left unclear in the Fifth Report and Order. I am hoping for a Sixth Report and Order that may help clarify some of the issues you raise.  Right now, there is precious little guidance in the Rules for what should be in plans. That's why the BWWG is going to offer a sample State plan.

Richard Rudman
CA SECC Vice Chair
Core member, BWWG

On Apr 19, 2012, at 6:27 AM, Dave Kline wrote:

> Questions then for the group.
> Can a state or local plan require of stations those things, not required by the FCC?
> Can state/local plans change the conditions of alerts or required tests to be more restrictive than FCC requirements?
> Examples: Can a state/local plan require stations to originate two RWT's in one week?
> Or can they say that RMT's must be relayed within 45 minutes of receipt rather than 60?
> Or can they require stations to monitor more sources than the FCC says we need to monitor?