[EAS] Cable Override

[Sean Donelan]

On Fri, 30 Sep 2016, Jim Mckinnon wrote:
> Under the "Cable Act", a cable company cannot without the written 
> authorization from the local broadcast station override their signal 
> with a "blanket" EAS alert.

Actually, its exactly the reverse.  As always consult with your 
communnications attorney.

The broadcaster and cable system must have a written agreement NOT to 
interrupt broadcast stations on cable systems.  (47CFR11.51(h)(4))

Some broadcasters elect to "Must Carry" terms, and demand specific channel 
numbers.  Other broadcasters elect "Retransmission Consent" and demand 
compensation. Both parties must negotiate and reach an agreement, either 
party can object. In the absence of a written agreement, cable systems 
MUST interrupt ALL programming channels. In some cases broadcasters and 
cable systems view every negotition as a chance to re-negotiate all 
terms, conditions and costs.

One-off exceptions are a nightmare for engineering and compliance.  The 
entire "negogiate" an agreement framework is also a legal nightmare.

Since cable systems come in all shapes and sizes, as the saying goes one 
size does not fit all.  In some cases, some cable systems serve a 
specific town, university or military base; so it could have extremely 
targeted warning information. The local emergency officials may want 
reach just that small population, but the broadcasters which serve a large 
area don't consider important enough.

At the other extreme, some cable systems serve multiple states and areas 
much larger than any single broadcaster.

As always, consult your own communications attorney.