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| FCC | RIN: 3060-AI49 | Publication ID: Spring 2024 |
| Title: Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System (PS Docket 15-94; EB Docket No. 04-296) | |
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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 April 10, 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 July 12, 2018, Report and Order and FNPRM, 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 the companion FNPRM, the Commission sought comment on further proposals to facilitate false alert reporting, add elements to State EAS Plans to facilitate effective testing and prevent and correct false alerts, and the metrics by which WEA performance should be measured. In the July 24, 2018, Order on Reconsideration in EB Docket No. 04-296 and PS Docket No. 15-94, the Commission denied the requests of several satellite operators for reconsideration of their EAS obligations, but 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. In the June 27, 2019, Order on Reconsideration in EB Docket No. 04-296 and PS Docket No. 15-94, the Commission harmonized the EAS testing requirements that apply to Satellite Digital Audio Radio Service (SDARS) providers with the testing requirements applied to Direct Broadcast Satellite (DBS) providers. In the March 19, 2021 NPRM and NOI, the Commission proposed to implement Section 9201 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, to consider proposals to ensure that more people receive relevant emergency alerts, to enable EAS and WEA participants to report false alerts when they occur, and to improve the way states plan for emergency alerts. In the June 17, 2021 R&O, the Commission adopted rules to (a) ensure mobile devices cannot opt out of receiving WEA alerts from the FEMA Administrator; (b) establish a state EAS plan checklist for State Emergency Communications Committees (SECCs) and amend the requirements for SECCs, to ensure they meet, review, and update their EAS plans annually; (c) enable reporting of false EAS and WEA alerts; and (d) provide for repeating EAS alerts. In the June 17, 2021, FNPRM, the Commission sought comment on FEMA’s recommendations to delete outdated references in our rules, re-name certain EAS terms to enhance public awareness, and update EAS capability for alerts that are persistent during certain extreme emergencies. In the December 15, 2021, NPRM and NOI, the Commission proposed to require EAS Participants to use predetermined scripts for nationwide EAS tests, to change the terminology defined for certain national EAS codes to improve the clarity and descriptiveness of messages, and to require EAS Participants to poll the Integrated Public Alert and Warning System Open Platform for Emergency Networks (IPAWS) when they receive a legacy-based State or Local Area EAS alert to confirm whether there is a CAP version of that alert, and if so, process such CAP version instead of the legacy version. In the September 29, 2022, Report and Order, the Commission adopted the rules proposed in the June 17, 2021, FNPRM and December 15, 2021, NPRM in order to make alert messages more informative and easier to understand for all members of the public, especially people with disabilities. In the February 15, 2024, NPRM, the Commission proposed to develop scripted (or "template") alerts in English and non-English languages for select emergency events, and require EAS Participant to transmit template alerts in the language that corresponds to the programming content on their channels. |
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| Agency: Federal Communications Commission(FCC) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
| Major: No | Unfunded Mandates: No |
| 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) ... | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.fcc.gov/emergency-alert-system | Public Comment URL: https://www.fcc.gov/ecfs/search/search-filings |
| RIN Data Printed in the FR: No | |
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Agency Contact: George Donato Associate Division Chief, CCR Federal Communications Commission Public Safety and Homeland Security Bureau, 45 L Street NE, Washington, DC 20554 Phone:202 418-0729 Email: george.donato@fcc.gov David Sieradzki Deputy Chief, Policy and Licensing Division Federal Communications Commission Room 544, Public Safety and Homeland Security Bureau, 45 L Street NE, Washington, DC 20554 Phone:202 418-1530 Email: david.sieradzki@fcc.gov |
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