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FCC Adopts Revised EAS Rules; Issues Further Notice of Proposed Rulemaking

July 18, 2007   

FCC Adopts Revised EAS Rules; Issues Further Notice of Proposed Rulemaking

The FCC has issued a Second Report and Order (“Order”) revising its Emergency Alert System (“EAS”) rules to facilitate the deployment of a secure, reliable, state-of-the-art “Next Generation EAS” network that enables federal and state officials to rapidly communicate with citizens in times of crisis. 

In addition to adopting new requirements applicable to current “EAS Participants”* that are further described below, the FCC has extended application of its EAS rules to “Wireline Video Providers.”  The Order does not address commercial wireless carrier participation in EAS, nor does it address petitions for reconsideration of its First Report and Order in this proceeding concerning application of the rules to SDARS licensees and certain fixed satellite service operators.

The FCC works in conjunction with the Federal Emergency Management Agency (“FEMA”) and the National Weather Service (“NWS”) to implement the federal EAS.  By its Order, the FCC requires all EAS Participants, no later than 180 days after FEMA publishes relevant standards, to:

• Accept messages using a common EAS messaging protocol - Common Alerting Protocol (“CAP”), an open, interoperable, web-based standard that facilitates data sharing over multiple platforms and permits links to voice, audio, or data files - on existing and Next Generation EAS delivery systems;

• Accommodate any Next Generation delivery system(s) adopted by FEMA, whether wireline, Internet, satellite, or other; and

• Transmit statewide or geographically-targeted EAS messages originated by state governors or their designees pursuant to any Commission-approved EAS state plan that expressly provides for delivery of such alerts (transmission of other state EAS messages, as well as local and NWS EAS alerts, will remain voluntary). **

Additionally, to ensure that states and other interested parties can implement Next Generation EAS, the Order instructs the FCC’s Public Safety and Homeland Security Bureau to coordinate with FEMA on appropriate EAS training programs.   

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In a Further Notice of Proposed Rulemaking issued with the Order, the Commission explores accessibility of EAS messages to persons who do not speak English and those with hearing and vision disabilities.  Although CAP enables the delivery of multilingual translations of alerts as well as equivalent, multiple text and audio messages (the FCC fully anticipates that the former will be simultaneously transmitted by EAS Participants as soon as practicable), the Commission seeks comment on how non-English speakers and disabled persons may best be served by national, state, and local EAS.  For example, how should localities with non-English speakers be identified, and in which markets should special EAS rules apply?  With respect to accessibility of emergency information to persons with disabilities, the FCC seeks comment on such issues as making emergency information available to various devices commonly used by such persons and providing messages in multiple formats (e.g., presenting the audio feed in text format, and vice-versa). 

The FCC also seeks comment on potential mechanisms for monitoring the effectiveness of the EAS network, including requirements for additional testing, certifications of compliance, or performance assessments after alerts are issued.

Comments and reply comments will be due 30 and 45 days, respectively, after publication of the Order in the Federal Register.  We would be pleased to respond to any questions regarding this matter.

* EAS Participants include analog and digital broadcast stations; analog, digital, and wireless cable systems; Direct Broadcast Satellite (“DBS”) distributors; and Satellite Digital Audio Radio Service (“SDARS”) providers.

** This obligation does not apply to SDARS and DBS providers given their national footprint.  This requirement also will likely necessitate modifications to state EAS plans.  Pursuant to the Order, any revised EAS plans must be filed with the FCC at least 90 days prior to their effective date, and must be confirmed with the Commission on an annual basis.

 

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