Earlier this week, the FCC’s Public Safety and Homeland Security Bureau (Bureau) issued a Public Notice to remind Emergency Alert System (EAS) participants of the upcoming Nationwide EAS test.  The Federal Emergency Management Agency (FEMA) and the FCC have scheduled a nationwide EAS test for November 17, 2026 (with a back-up date of December 3, 2026 in case there is some real emergency on the scheduled date where confusion could arise if the test went forward as planned), at approximately 2:20 pm ET, using the Internet-based Integrated Public Alert and Warning System (IPAWS).  The Public Notice went further – reminding participants, including broadcasters, of their obligation to ensure that EAS alerts are “accessible” to persons with disabilities. 

The Public Notice sets out some of the steps broadcasters and other EAS participants can take to make this test accessible.  The Notice reminds broadcasters that they should upgrade their EAS equipment software and firmware to the most recent version and ensure that EAS equipment can receive and process the National Periodic Test code, the “six zeroes” national location code, and otherwise operate in compliance with the FCC’s Part 11 rules.  Note that the obligation to update software and firmware is also part of the FCC’s recent order requiring that step and others to secure all EAS equipment and other equipment allowing Internet access to the program stream to prevent hackers and other malicious attackers from broadcasting fake emergency alerts (see our articles here and here about that obligation that went into effect on September 29).

According to the Public Notice, for TV stations, in order to be visually accessible, the EAS text must be displayed as follows:

  • At the top of the television screen or where it will not interfere with other visual messages (e.g., closed captioning),
  • In a manner (i.e., font size, color, contrast, location, and speed) that is readily readable and understandable (see below),
  • Without overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off of the screen), and
  • In full at least once during any EAS message. Text should scroll at a speed that allows viewers to read the crawl as if they were going to read it aloud.
  • The background and text colors should sufficiently contrast to allow for readability. For example, a bright green background with white text may not provide sufficient contrast. Green and red should also be avoided as viewers who are color blind have difficulty seeing these colors.

The audio portion of an EAS message should be spoken at a pace that allows for a listener to understand the content.

EAS Participants are also reminded to review their State EAS Plans for monitoring assignments and to ensure that EAS equipment is accurately configured to monitor the stations or other sources set out in that state plan (see our article here where a station was fined by the FCC for EAS violations including not monitoring the correct stations).  

There are also reminders about the obligations of all EAS Participants to file their forms in the EAS Test Reporting System (ETRS).  As we wrote when the test was first announced, ETRS Form One, which identifies the station and the EAS equipment that it is using, was due to be filed at the FCC by October 30.  Stations that missed the ETRS Form One deadline should file as soon as possible because the FCC staff advises that stations will not be able to file Forms Two or Three until Form One is filed.  Stations should ensure that this filing is made as the FCC seems to be putting renewed emphasis on the EAS system and has highlighted the number of stations that have not filed their ETRS forms in the past, suggesting that there may be penalties for those who do not properly file in connection with this test.  EAS Participants that update their EAS equipment’s software or replace their equipment after filing an ETRS form must update their ETRS Form One filing to reflect the equipment and software version that they will use the day of the nationwide test.  Instructions for updating a filed ETRS Form One are provided in the Public Notice.

ETRS Form Two, reporting whether or not the test was received, must be filed no later than on or before November 19, 2026.  ETRS Form Three, providing more information about the test reception and the quality of the alert, must be submitted on or before January 4, 2027.

The test is less than two weeks away.  Broadcasters should be preparing for that test now.