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FCC RIN: 3060-AI49 Publication ID: Spring 2020 
Title: Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System (PS Docket 15-94; EB Docket No. 04-296) 
Abstract:

Ongoing revisions of 47 CFR part 11, which have been necessary to test the Emergency Alert System, integrate new digital media into the system and accommodate the required adoption of the Common Alerting Protocol (CAP) as a new technical requirement. In the First Report and Order in EB Docket No. 04-296, the Commission adopted rules that expanded the reach of the Emergency Alert System (EAS) to cover digital communications services that Americans increasingly use to receive news and entertainment; namely, digital television and radio, digital cable, and satellite television and radio.

In the Second Report and Order in EB Docket No. 04-296, the Commission took various steps to increase the reliability, security, and efficacy of the Nation's EAS network, including: (1) requiring EAS participants to accept a message using Common Alerting Protocol v1.1 (CAP) no later than 180 days after FEMA publicly publishes its adoption of such standard; (2) requiring EAS participants to adopt Next Generation EAS delivery systems no later than 180 days after FEMA publicly releases standards for those systems; (3) preserving the current EAS network but enhancing its effectiveness, scope, and redundancy by enabling EAS delivery system upgrades and by including Wireline Video Providers in EAS; (4) requiring EAS participants to transmit State and local EAS alerts originated by Governors or their designees no later than 180 days after FEMA publishes its adoption of the CAP standard, provided that the State has a Commission-approved EAS State plan that provides for delivery of such alerts; and (5) concurrently adopting a Further Notice of Proposed Rulemaking (FNPRM) to explore certain EAS-related issues, including provision of EAS alerts to disabled Americans and to Americans who do not speak English.

In the Second FNPRM in EB Docket No. 04-296, the Commission sought comment on procedures and reporting requirements for implementing a nationwide test of the EAS. In the Third Report and Order in EB Docket No. 04-296, the Commission adopted rules governing the procedures and reporting requirements for implementing a nationwide test of the EAS. In the Third FNPRM in EB Docket No. 04-296, the Commission sought comment on tentative conclusions and proposed revisions to the Commission's part 11 rules to integrate into the part 11 rules that CAP-related mandates adopted in the Second Report and Order. In the Fourth Report and Order in EB Docket No. 04-296, the Commission addressed the single issue of establishing a new deadline of June 30, 2012, for meeting the CAP-related deadline imposed by the Commission's Second Report and Order. In the Fifth Report and Order in EB Docket No. 04-296, the Commission addressed the remainder of the issues raised in the third FNPRM by revising its part 11 EAS rules to specify the manner in which EAS participants must be able to receive alert messages formatted in the Common Alerting Protocol (CAP) and by streamlining the part 11 rules to enhance their effectiveness and clarity.

In the sixth NPRM, the Commission sought comment on whether to adopt a national location code; whether to adopt the National Periodic Test Code (NPT) as the next code to be used for national testing; whether to adopt an Electronic Test Reporting System (ETRS); and whether to adopt minimum accessibility requirements.  

In the Sixth Report and Order, the Commission revised its rules to adopt a national location code for the United States, a national periodic test code for the next nationwide test, and a new electronic reporting system for the next nationwide EAS test. The Commission also adopted minimum EAS accessibility standards.

In the 2015 NPRM in PS Docket No. 15-94, the Commission sought comment on adding three new EAS event codes, covering extreme wind and storm surges, as well as revise the territorial boundaries of the geographic location codes for two offshore marine areas listed in the EAS rules as location codes 75 and 77.  In the 2016 NPRM in PS Docket No. 15-94, the Commission adopted an NPRM proposing to strengthen the EAS as a tool for community emergency preparedness and considering EAS security issues. The Commission released an Order in PS Docket No. 15-94 extending the comment period to the 2016 NPRM. The Commission released a Public Notice in PS Docket No. 15-94 announcing the launch of the EAS Test Reporting System (ETRS) and seeking comment on updates to the EAS Operating Handbook.  In the May 2016 Order in EB Docket No. 04-296, the Commission revised its EAS rules to incorporate new multilingual alerting reporting requirements. In the August 2016 Order in PS Docket No. 15-94, the Commission revised its EAS rules to add three new EAS event codes and revise the territorial boundaries for two offshore marine areas.  In the 2017 NPRM in PS Docket No. 15-94, the Commission sought comment on the addition of a BLU event code to be utilized in emergency alerting when a law enforcement officer is seriously injured or killed in the line of duty, is missing in connection with the officer’s official duties, or an imminent and credible threat that an individual intends to cause serious injury or death of a law enforcement officer is received.  In the January 2018 Report and Order in PS Docket No. 15-94, the Commission adopted the BLU event code. In the August 2, 2018, Report and Order in PS Docket No. 15-94, the Commission adopted rules (1) mandating the electronic filing of EAS plans; (2) establishing the Alert Reporting System for the filing of EAS plans; (3) providing online templates for EAS Plans; and (4) specifying required contents of EAS Plans. In the August 10, 2018, Report and Order in PS Docket No. 15-94, the Commission adopted rules to facilitate more effective public safety tests and exercises using the EAS, as well as to help prevent the issuance of false alerts.  In a companion FNPRM in PS Docket No. 15-94, the Commission sought comment on further proposals to facilitate false alert reporting and to add elements to State EAS Plans to facilitate effective testing and prevent and correct false alerts. In the 2018 Order on Reconsideration in PS Docket No. 15-94, the Commission denied the request of PanAmSat Corporation, SES Americom, Inc., and Intelsat, Ltd to shift the EAS obligations adopted for Ku band FSS licensees to the video programming distributors that lease transponder capacity from such licensees. The Commission also denied Petitioners’ alternative request to not apply the FSS EAS rules to FSS satellite operations subject to satellite capacity lease agreements already in place when the FSS EAS requirements became effective.  The Commission granted the Petition to the extent that it adopted more specific criteria for determining when EAS obligations are triggered for FSS licensees whose satellites are used to provide programming directed primarily to consumers outside the United States, with only incidental reception by consumers in the United States.

 

 
Agency: Federal Communications Commission(FCC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
EO 14192 Designation: Independent agency 
CFR Citation: 47 CFR 11   
Legal Authority: 47 U.S.C. 151    47 U.S.C. 154(i)    47 U.S.C. 154(o)    47 U.S.C. 301    47 U.S.C. 303(b)    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/30/2004  69 FR 52843   
R&O  04/13/2005  70 FR 19312   
First R&O  11/25/2005  70 FR 71023   
FNPRM  11/25/2005  70 FR 71072   
Second R&O  11/02/2007  72 FR 62123   
FNPRM  11/02/2007  72 FR 62185   
2nd FNPRM  01/29/2010  75 FR 4760   
Public Notice  04/15/2010 
3rd R&O  03/08/2011 
3rd FNPRM  06/20/2011  76 FR 35810   
4th R&O  12/27/2011  76 FR 80780   
5th R&O  03/22/2012  77 FR 16688   
Order on Reconsideration  05/07/2012  77 FR 26701   
5th R&O  06/07/2012  77 FR 33661   
Petition for Partial Reconsideration  06/08/2012  77 FR 33995   
Public Notice  03/28/2014  79 FR 17490   
NPRM  07/15/2014  79 FR 41159   
NPRM Comment Period End  08/14/2014 
NPRM Reply Comment Period End  08/29/2014 
6th R&O  06/30/2015  80 FR 37167   
NPRM  08/10/2015  80 FR 47886   
NPRM  03/24/2016  81 FR 15791   
Order  05/06/2016  81 FR 27342   
Order  05/13/2016  81 FR 81298   
Public Notice  07/05/2016  81 FR 43602   
Order  08/11/2016  81 FR 53039   
NPRM  06/30/2017  82 FR 29811   
R&O   01/18/2018  83 FR 2557   
R&O  08/02/2018  83 FR 37750   
R&O  08/10/2018  83 FR 39610   
FNPRM  08/10/2018  83 FR 39648   
Order on Recon  08/23/2018  83 FR 42603   
FNPRM Comment Period End  09/10/2018 
FNPRM Comment Period End  10/09/2018 
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State 
Included in the Regulatory Plan: No 
RIN Information URL: www.fcc.gov/eb/eas/  
RIN Data Printed in the FR: No 
Agency Contact:
David Munson
Attorney Advisor, PSHSB
Federal Communications Commission
45 L Street NE,
Washington, DC 20554
Phone:202 418-2921
Email: david.munson@fcc.gov