Before the Federal Communications Commission Washington, D
Procedural Matters A.Accessible Formats
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- A.Regulatory Flexibility Analysis
- A.Paperwork Reduction Analysis
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- 204.Ordering Clauses
198.Procedural MattersA.Accessible Formats199.To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). A.Regulatory Flexibility Analysis200.As required by the Regulatory Flexibility Act of 1980, see 5 U.S.C. § 604, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) and an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities of the policies and rules addressed in this document. The FRFA is set forth in Appendix C. The IRFA is set forth in Appendix D. A.Paperwork Reduction Analysis201.The WEA Report and Order and Further Notice of Proposed Rulemaking contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the new information collection requirements contained in this proceeding. 202.We note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might “further reduce the information collection burden for small business concerns with fewer than 25 employees.”1 In addition, we have described impacts that might affect small businesses, which includes most businesses with fewer than 25 employees, in the FRFA in Appendix C, infra. A.Congressional Review Act203.The Commission will send a copy of this WEA Report and Order and Further Notice of Proposed Rulemaking in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act (CRA), see 5 U.S.C. § 801(a)(1)(A). 204.Ordering Clauses205.Accordingly, IT IS ORDERED, pursuant to Sections 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i), 154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, as well as by sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act, 47 U.S.C. §§ 1202(a),(b),(c), (f), 1203, 1204 and 1206, that the WEA Report and Order and Further Notice of Proposed Rulemaking in PS Docket Nos. 15-91 and 15-94 IS HEREBY ADOPTED. 206.IT IS FURTHER ORDERED that the Commission’s rules ARE HEREBY AMENDED as set forth in Appendix A. 207.IT IS FURTHER ORDERED that the rules adopted herein WILL BECOME EFFECTIVE as described herein,1 including those rules and requirements which contain new or modified information collection requirements that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act that WILL BECOME EFFECTIVE after publication in the Federal Register of a notice announcing such approval and the relevant effective date.2 208.IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of the WEA Report and Order and Further Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 209.IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of the WEA Report and Order and Further Notice of Proposed Rulemaking to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A).
Marlene H. Dortch Secretary
The rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Pub. L. 109-347, Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 Federal Register 36975 (2006). For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. Part 10 and 47 C.F.R. Part 11 to read as follows: PART 10 – WIRELESS EMERGENCY ALERTS 1. Amend § 10.280 by revising paragraph (a) to read as follows: § 10.280 Subscribers' right to opt out of WEA notifications. (a) CMS providers may provide their subscribers with the option to opt out of 2. Add new paragraph (g) to § 10.320 to read as follows: § 10.320 Provider alert gateway requirements * * * * * (g) Alert Logging. The CMS provider gateway must perform the following functions: (1) Logging Requirements. Log the CMAC attributes of all Alert Messages received at the CMS Provider Alert Gateway, including time stamps that verify when the message is received, and when it is retransmitted or rejected by the Participating CMS Provider Alert Gateway. If an Alert Message is rejected, a Participating CMS Provider is required to log the specific error code generated by the rejection. (2) Maintenance of Logs. Participating CMS Providers are required to maintain a log of all active and cancelled Alert Messages for at least 12 months after receipt of such alert or cancellation. (3) Availability of Logs. Participating CMS Providers are required to make their alert logs available to the Commission and FEMA upon request. Participating CMS Providers are also required to make alert logs available to emergency management agencies that offer confidentiality protection at least equal to that provided by the federal Freedom of Information Act (FOIA) upon request, but only insofar as those logs pertain to Alert Messages initiated by that emergency management agency. 3. Amend introductory paragraph and paragraph (b), and add new paragraph (c) to § 10.350 to read as follows: § 10.350 WEA testing and proficiency training requirements. This section specifies the testing that * * *
(b) Periodic C interface testing. In addition to the required monthly tests, a Participating CMS Provider must participate in periodic testing of the interfaces between the Federal Alert Gateway and its CMS Provider Gateway, including the public television broadcast-based backup to the C-interface. This periodic interface testing is not intended to test the CMS Provider's infrastructure nor the mobile devices but rather is required to ensure the availability/viability of both gateway functions. Each CMS Provider Gateway shall send an acknowledgement to the Federal Alert Gateway upon receipt of such interface test messages. Real event codes or Alert Messages shall not be used for this periodic interface testing. (c) State/Local WEA Testing. A Participating CMS Provider must support State/Local WEA Tests in a manner that complies with the Alert Message Requirements specified in Subpart D. (1) A Participating CMS Provider's Gateway shall support the ability to receive a State/Local WEA Test message initiated by the Federal Alert Gateway Administrator. (2) A Participating CMS Provider shall immediately transmit a State/Local WEA Test to the geographic area specified by the alert originator. (3) A Participating CMS Provider may forego a State/Local WEA Test if the State/Local WEA Test is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the State/Local WEA Test. If a Participating CMS Provider Gateway forgoes a State/Local WEA Test, it shall send a response code to the Federal Alert Gateway indicating the reason. (4) Participating CMS Providers shall provide their subscribers with the option to opt in to receive State/Local WEA Tests. 5. Amend introductory paragraph and add new paragraph (d) to § 10.400 to read as follows: § 10.400 Classification. A Participating CMS Provider is required to receive and transmit * * *
(d) Public Safety Message. A Public Safety Message is an essential public safety advisory that prescribes one or more actions likely to save lives and/or safeguard property during an emergency. A Public Safety Message may only be issued in connection with an Alert Message classified in paragraphs (a), (b) or (c) of this Section. 5. Amend § 10.410 to read as follows: § 10.410 Prioritization. A Participating CMS Provider is required to transmit Presidential Alerts upon receipt. Presidential Alerts preempt all other Alert Messages. A Participating CMS Provider is required to transmit Imminent Threat Alerts, 6. Revise § 10.430 to read as follows: § 10.430 Character limit. A Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 360 characters of alphanumeric text. If, however, some or all of a Participating CMS Provider’s network infrastructure is technically incapable of supporting the transmission of a 360-character maximum Alert Message, then that Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 90 characters of alphanumeric text on and only on those elements of its network incapable of supporting a 360 character Alert Message. 7. Remove Section 10.440. 8. Add a new Section 10.441 § 10.441 Embedded references Participating CMS Providers are required to support Alert Messages that include an embedded Uniform Resource Locator (URL), which is a reference (an address) to a resource on the Internet, or an embedded telephone number. 9. Amend § 10.450 by adding new paragraphs (a) and (b) to read as follows: § 10.450 Geographic targeting. This section establishes minimum requirements for the geographic targeting of Alert Messages. (a) A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must transmit any Alert Message that is specified by a geocode, circle, or polygon to an area (b) Upon request from an emergency management agency, a Participating CMS Provider will disclose information regarding their capabilities for geo-targeting Alert Messages. A Participating CMS Provider is only required to disclose this information to an emergency management agency insofar as it would pertain to Alert Messages initiated by that emergency management agency, and only so long as the emergency management agency offers confidentiality protection at least equal to that provided by the federal FOIA. 10. Add a new Section 10.480: § 10.480 Language support. Participating CMS Providers are required to transmit WEA Alert Messages that are issued in the Spanish language or that contain Spanish-language characters. 11. Amend § 10.510 to read as follows: § 10.510 Call preemption prohibition. Devices marketed for public use under part 10 must present an Alert Message as soon as they receive it, but may not enable an Alert Message to preempt an active voice or data session. If a mobile device receives a WEA Alert Message during an active voice or data session, the user may be given the option to control how the Alert Message is presented on the mobile device with respect to the use of the common vibration cadence and audio attention signal. 12. Amend § 10.520 by revising paragraph (d) to read as follows: § 10.520 Common audio attention signal * * * * * (d) PART 11 – EMERGENCY ALERT SYSTEM 1. Amend § 11.45 to read as follows: § 11.45 Prohibition of false or deceptive EAS transmissions. No person may transmit or cause to transmit the EAS codes or Attention Signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test of the EAS, or as specified in Section 10.520(d). APPENDIX B Proposed Rules The rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Pub. L. 109-347, Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 Federal Register 36975 (2006). For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 C.F.R. Part 10 and 47 C.F.R. Part 11 to read as follows: PART 10 – WIRELESS EMERGENCY ALERTS 1. Add new paragraphs (h), (i), and (j) to § 10.10 to read as follows: § 10.10 Definitions. * * * (h) CMS Provider participation “in whole.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in the entirety of their geographic service area and to all devices on their network. (i) CMS Provider participation “in part.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in some, if not all of their geographic service area, and to some, if not all of the devices on their network. * * * * * 2. Amend paragraph (c) to read as follows: § 10.240 Notification to new subscribers of non-participation in WEA. * * * (c) CMS providers electing to participate in WEA “in part” shall use the following notification: NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] has chosen to offer wireless emergency alerts within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all devices or in the entire service area, or if a subscriber is outside of the [[CMS provider]] service area. For details on the availability of this service and wireless emergency alert capable devices, please ask a sales representative, or go to [[CMS provider's URL]]. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service). CMS providers electing to participate in WEA “in part” shall also include in their point-of-sale notification a statement attesting to whether they offer WEA service in the geographic area within which the point of sale is located, and whether the specific device subject of the point-of-sale agreement is WEA-capable. * * *
§ 10.280 Subscribers' right to opt out of WEA notifications. * * * (b) Participating CMS * * * * *
* * * * * (e) * * *
(3) Prioritization. The CMS provider gateway must process an Alert Message on a first in-first out basis except for Presidential Alerts and earthquake-related Imminent Threat Alerts, which must be processed before all non-Presidential alerts. 5. Amend introductory paragraph of § 10.330 and add a new paragraph (a)(1) to read as follows: § 10.330 Provider infrastructure requirements. This section specifies the general functions that a Participating CMS Provider is required to perform within their infrastructure. * * *
(a) * * * (1) Delivery of earthquake-related Alert Messages in fewer than three seconds, measured from the time the Alert Message is created to when it is delivered and displayed on the mobile device. * * * * * 6. Add a new paragraph (d) to § 10.350 to read as follows: § 10.350 WEA testing and proficiency training requirements. This section specifies the testing that is required of Participating CMS Providers. * * * (d) Annual WEA Performance Reports. Participating CMS Providers must submit Annual WEA Performance Reports to the Commission that reliably demonstrate the following system performance metrics for their nationwide WEA deployment. (1) Geo-targeting. The accuracy with which the Participating CMS Provider can distribute WEA Alert Messages to a geographic area specified by an alert originator. (2) Latency. An end-to-end analysis of the amount of time that it takes for the Participating CMS Provider to transmit a WEA Alert Message. (3) Availability and Reliability. The annual percentage of WEA Alert Messages that the Participating CMS Provider processes successfully, and a summary of the most common errors with alert transmission. (4) Participating CMS Providers shall grant requests from emergency management agencies for locality-specific versions of these performance metrics at least annually, and only so long as the emergency management agency offers confidentiality protection at least equal to that provided by federal FOIA. 7. Amend § 10.410 to read as follows: § 10.410 Prioritization. A Participating CMS Provider is required to transmit Presidential Alerts and earthquake-related Imminent Threat Alerts upon receipt. Presidential Alerts preempt all other Alert Messages, and earthquake-related Imminent Threat Alerts preempt all non-Presidential Alert Messages. A Participating CMS Provider is required to transmit other Imminent Threat Alerts, AMBER Alerts, and Public Safety Messages on a first in-first out (FIFO) basis. 8. Amend § 10.450 to read as follows: § 10.450 Geographic targeting. This section establishes minimum requirements for the geographic targeting of Alert Messages. A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must transmit any Alert Message that is specified by a geocode, circle, or polygon to an area that 9. Add a new Section 10.490: § 10.490 Multimedia support. Participating CMS Providers are required to support the transmission of hazard symbols and thumbnail-sized photos in Public Safety Messages. 10. Amend introductory paragraph and add a new paragraph (h) of § 10.500 to read as follows: § 10.500 General requirements. * * * (h) Preservation of Alert Messages in a consumer-accessible format and location at least until the Alert Message expires. APPENDIX C Final Regulatory Flexibility Analysis
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