FCC Denies EAS CAP Gear Waivers
Petitioners delayed ordering equipment
July 15, 2013
The feds said no to a collection
of radio stations and TV providers who sought to put off installing the
equipment necessary to decode XML-based Emergency Alert System messages. The
final deadline for installing EAS gear capable of processing alerts in the Common
Alerting Protocol format was June 30, 2012. The petitioners cited vendor delay
as the reason they couldn’t make the deadline, which had been extended from
Sept. 30, 2011.
“The waiver applicant faces a high hurdle and must plead with particularly the
facts and circumstances that warrant a waiver,” the commission’s Order
stated. “We find that the petitioners have failed the first prong of the
commission’s waiver analysis. Vendor delay alone does not ordinarily constitute
the ‘special circumstances’ that would justify a waiver.”
Petitioners “chose to wait until very close to the deadline to order equipment,
and thus any delay in receiving equipment was entirely attributable to each
company’s business decisions,” the Order said.
Petitioners covered by the Order included Southern Communications Volunteers of
Cordova, Tenn., licensee of WEVL-FM; Applegate Media, owner of KAPL-AM in
Phoenix, Ore.; NewWave Communications, a TV and broadband provider based in Sikeston,
Miss.; Lakeview Cable of Cache, Okla.; and Reach Broadband, a TV and ISP out of
Arp, Texas, all asked for waivers of the June 30, 2012 deadline.
The Order did not indicate why it was issued more than a year after the waiver
petitions were submitted.