Before the Federal Communications Commission Washington, D



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Federal Communications Commission FCC 16-127












Before the

Federal Communications Commission

Washington, D.C. 20554



In the Matter of
Wireless Emergency Alerts
Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert System

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PS Docket No. 15-91


PS Docket No. 15-94


Report and ORder and Further Notice of Proposed Rulemaking
Adopted: September, 29, 2016 Released: September 29, 2016
Comment Date: (30 days from the date of publication in the Federal Register)

Reply Comment Date: (60 days from the date of publication in the Federal Register)
By the Commission: Chairman Wheeler and Commissioners Clyburn, Rosenworcel and Pai issuing separate statements; Commissioner O’Rielly approving in part, dissenting in part and issuing a statement.

Table of Contents

Heading Paragraph #

I. Introduction 1

II. Background 6

III. REPORT AND ORDER 9

A. Alert Message Content 9

1. Increasing Maximum Alert Message Length from 90 to 360 Characters 9

2. Establishment of a New Alert Message Classification (Public Safety Messages) 16

3. Supporting Embedded References and Multimedia 26

4. Supporting Spanish-language Alert Messages 38

B. Alert Message Delivery 45

1. Logging Alert Messages at the Participating CMS Provider Alert Gateway 45

2. Narrowing Geo-targeting Requirements 50

3. Presenting Alert Messages Concurrent with Other Device Activity 58

C. Testing and Outreach 63

1. Supporting State/Local WEA Testing and Proficiency Training Exercises 63

2. Testing the NCE Public Television C-interface Back-up 69

3. Facilitating WEA PSAs 73

D. Compliance Timeframes 77

E. Benefit-Cost Analysis 87

IV. Further Notice of Proposed Rulemaking 104

A. Ensuring the Provision of Effective WEA Alert Messages 105

1. Defining the Modes of Participation in WEA 105

2. Infrastructure Functionality 112

3. Alert Message Preservation 115

4. Earthquake Alert Prioritization 119

5. Disaster Relief Messaging 123

B. Incorporating Future Technical Advancements to Improve WEA 126

1. Multimedia Alerting 126

2. Multilingual Alerting 132

3. Matching the Geographic Target Area 138

4. WEA on 5G Networks 146

C. Developing Consumer Education Tools 149

1. Promoting Informed Consumer Choice at the Point of Sale 149

2. Promoting Informed Consumer Choice about the Receipt of WEA Alert Messages 153

D. Improving WEA Transparency 159

1. Annual WEA Performance Reporting 159

2. Alert Logging Standards and Implementation 173

E. Compliance Timeframes 175

F. Benefit-Cost Analysis 184

V. Procedural Matters 194

A. Accessible Formats 194

B. Regulatory Flexibility Analysis 195

C. Paperwork Reduction Analysis 196

D. Congressional Review Act 198

VI. Ordering Clauses 199

APPENDIX A - Final Rules

APPENDIX B - Proposed Rules

APPENDIX C - Final Regulatory Flexibility Analysis

APPENDIX D - Initial Regulatory Flexibility Analysis

APPENDIX E - List of Commenters

APPENDIX F - Model Opt-Out Menu

APPENDIX G - New York City Emergency Management (NYCEM) Local WEA Geo-targeting and Latency Test Reports

APPENDIX H - Sample CMAC Attribute Alert Log


1.Introduction


2.In this Report and Order and Further Notice of Proposed Rulemaking, we take advantage of the significant technological changes and improvements experienced by the mobile wireless industry since the passage of the Warning, Alert and Response Network (WARN) Act, and deployment of Wireless Emergency Alerts (WEA) to improve the utility of WEA as a life-saving tool.1 In the Report and Order, we adopt rules informed by WEA’s use during the first four years of its deployment and by stakeholder feedback to the WEA NPRM.2 Our goal is to promote the utility of WEA for communities as a life-saving tool. Accordingly, this Report and Order adopts rules focused on improving WEA in three key areas.

3.First, we adopt rules that will improve Alert Message content in order to help communities communicate clearly and effectively about imminent threats and local crises.1 Specifically, we improve Alert Message content with the following actions:



  • We increase the maximum Alert Message length from 90 to 360 characters for 4G-LTE and future networks.

  • We create a new Alert Message classification for “Public Safety Messages,” defined as “an essential public safety advisory that prescribes one or more actions likely to save lives and/or safeguard property.”

  • We require Participating Commercial Mobile Service (CMS) Providers to support embedded references (i.e., URLs and phone numbers) included in Alert Messages.

  • We require Participating CMS Providers to support transmission of Spanish-language Alert Messages.1

4.Next, we adopt rules to meet alert originators’ needs for the delivery of the Alert Messages they transmit.1 Specifically, we take the following steps:

  • We require Participating CMS Providers to log and maintain basic Alert Message attributes, and to make those logs available upon request to the Commission and FEMA, and to emergency management agencies that offer confidentiality protection at least equal to that provided by the federal Freedom of Information Act (FOIA) insofar as those logs pertain to alerts initiated by that emergency management agency.

  • We require Participating CMS Providers to narrow their geographic targeting (geo-targeting) of Alert Messages to areas that best approximate alert areas specified by the alert originator.1

  • We require WEA-capable mobile devices present Alert Messages as soon as they are received.

5.Finally, we create a framework that will allow emergency managers to test, exercise, and raise public awareness about WEA. The framework for testing, exercises and outreach that we adopt consists of three components:

  • We require support for State/Local WEA Tests and encourage emergency managers to engage in proficiency training exercises using alert-origination software.

  • We require periodic testing of the public television broadcast-based backup to the C-interface.

  • We allow federal, state, local, tribal and territorial entities, as well as non-governmental organizations (NGOs) in coordination with such entities to issue Public Service Announcements (PSAs) aimed at raising public awareness about WEA.

6.In addition, we adopt a Further Notice of Proposed Rulemaking (Further Notice) to provide a framework for further study where necessary, and to seek comment on new issues and opportunities to improve WEA that may warrant Commission action. Specifically, and as discussed in further detail below, we propose to ensure the continued provision of effective WEA Alert Messages while leveraging advancements in technology to improve WEA’s multimedia, multilingual and geo-targeting capabilities. We also seek comment on methods of improving consumer choice about WEA and increasing the transparency of the WEA system for all WEA stakeholders.


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