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FCC Requests Informal Comment on Changes to EAS Rules

Comments Due: May 17, 2010
Reply Comments Due: June 14, 2010

April 26, 2010
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The Federal Communications Commission (FCC) has released a Public Notice requesting informal comments on how to revise the FCC’s Emergency Alert System (EAS) rules to accommodate the new Common Alerting Protocol (CAP) system. CAP, which is an open, interoperable, web-based standard for dissemination of all-hazard safety communications, will allow the Federal Emergency Management Agency (FEMA), the National Weather Service (NWS), a State Governor, or any other authorized user to issue a geo-specific EAS alert simultaneously over multiple media platforms including television, radio, cable, cell phones and electronic highway signs. CAP will also allow alerts that are specifically formatted for people with disabilities and non-English speakers.

In 2007, the FCC adopted its Second Report and Order requiring EAS Participants to accept CAP-based EAS alerts within 180 days of FEMA publishing the applicable technical standards (see our “Memorandum to Clients” dated July 18, 2007). FEMA announced in July of 2008 that adoption of the standards may occur as early as the third quarter of this year.

As the Public Notice acknowledges, the FCC’s current EAS rules, located in Section 47, Part 11 of the Code of Federal Regulations, were not written to accommodate a CAP-based EAS system and will likely require significant revision or replacement. Therefore, the FCC is requesting “informal” comment in advance of any rulemaking that may be needed to revise the rules. Specifically, the FCC asks commenters to identify portions of the rules that may need revision and to suggest a structure for the new EAS rules.

FEMA’s adoption of the CAP standard anticipates FEMA’s deployment of its Integrated Public Alert and Warning System (IPAWS), also referred to as “Next Generation” EAS, which will enable EAS alerts to be delivered in a variety of ways. The Second Report and Order also requires EAS Participants configure their networks to receive CAP-formatted Next Generation EAS transmissions – whether wireline, Internet, satellite, or other – within 180 days of FEMA’s release of the technical standards for IPAWS.

Therefore, the FCC also asks for comment on how the rules can be amended to accommodate Next Generation EAS. The FCC inquires whether any states are currently implementing CAP-based EAS systems and whether Part 11 should be amended to ensure consistency with state efforts. The FCC also asks for comment on how flexible the new EAS rules should be so as to accommodate future technological advances. Finally, the FCC seeks comment regarding what changes to Part 11 are required to ensure access to CAP-based EAS for people with disabilities and non-English speakers.

Comments are due May 17, 2010 and reply comments are due June 14, 2010. We would be pleased to respond to any questions regarding these matters.