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FCC Reminds EAS Test Participants that Test Aert Must be Accessible
July 13, 2021
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On July 7, 2021, the Public Safety and Homeland Security Bureau released a Public Notice reminding emergency alert system participants of the requirement to issue accessible alerts in the upcoming nationwide test of the EAS and WEA. As a reminder, the nationwide test will be conducted on August 11, 2021, at 2:20 PM Eastern Daylight Time, with a backup date of August 25, 2021. The EAS test will be disseminated using the hierarchical, broadcast-based distribution “daisy chain” system.
The EAS test message will be transmitted as follows:
“THIS IS A TEST of the National Emergency Alert System. This system was developed by broadcast and cable operators in voluntary cooperation with the Federal Emergency Management Agency, the Federal Communications Commission, and local authorities to keep you informed in the event of an emergency. If this had been an actual emergency an official message would have followed the tone alert you heard at the start of this message. No action is required.”
Pursuant to section 11.51 of the FCC’s rules, EAS participants must ensure that the test is accessible to individuals that are deaf, hard of hearing, blind, or visually impaired. In order to comply with this rule, the audio portion of the EAS message must be played in full at least once and television stations must display the EAS text as follows:
- At the top of the television screen or where it will not interfere with other visual messaging (e.g. closed captioning)
- In a manner that is readily readable and understandable (i.e. appropriate font size, color, contrast, location, and speed)
- Without overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off the screen), and
- In full at least once during any EAS message
This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.
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