Review of the Emergency Alert System, 12600-12604 [2011-5222]
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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations
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Current effective map date
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April 6, 2005, Emerg; January 1, 2006, Reg;
March 17, 2011, Susp.
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October 14, 1975, Emerg; February 15,
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October 2, 1975, Emerg; August 2, 1982,
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March 17, 2011, Susp.
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N/A, Emerg; August 13, 2007, Reg; March
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Community
No.
State and location
Hallsville, City of, Boone County ............
290712
Hartsburg, Village of, Boone County ......
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Lamar, City of, Barton County ................
290025
Rocheport, City of, Boone and Howard
Counties.
Sturgeon, City of, Boone County ............
290038
290039
Region VIII
Colorado:
Elbert County, Unincorporated Areas .....
080055
Kiowa, Town of, Elbert County ...............
080057
Simla, Town of, Elbert County ................
080058
Region X
Alaska:
Matanuska-Susitna, Borough of .............
020021
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: February 23, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation
Administrator, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2011–5132 Filed 3–7–11; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[EB Docket No. 04–296; FCC 11–12]
Review of the Emergency Alert System
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) amends its rules
governing the Emergency Alert System
(EAS) to provide for national EAS
testing and collection of data from such
tests. This will help determine whether
the EAS functions as intended to deliver
a national Presidential alert.
DATES: Effective March 8, 2011.
FOR FURTHER INFORMATION CONTACT: Lisa
Fowlkes, Deputy Bureau Chief, Public
Safety and Homeland Security Bureau,
at (202) 418–7452, or by e-mail at
Lisa.Fowlkes@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Report and Order (Third R&O) in EB
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SUMMARY:
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Docket No. 04–296, FCC 11–12, adopted
on February 2, 2011, and released on
February 3, 2011. The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this document also may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room, CY–B402,
Washington, DC 20554. The full text
may also be downloaded at: https://
www.fcc.gov.
1. The Third R&O amends the
Commission’s part 11 rules governing
the EAS to require: all EAS Participants
to participate in national EAS tests as
scheduled by the Commission in
consultation with the Federal
Emergency Management Agency
(FEMA); that the first national EAS test
use the Emergency Alert Notification
(EAN), the live event code for
nationwide Presidential alerts; that the
national test replace the monthly and
weekly EAS tests in the month and
week in which it is held; that the
Commission’s Public Safety and
Homeland Security Bureau (Bureau)
provide at least two months public
notice prior to any national test of the
EAS; EAS Participants to submit testrelated data to the Bureau within 45
days following a national EAS test; and
that test data received from EAS
Participants be treated as presumptively
confidential, but allow test data to be
shared on a confidential basis with
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other Federal agencies and State
governmental emergency management
agencies that have confidentiality
protection as least equal to that
provided by the Freedom of Information
Act (FOIA). The Third R&O also notes
that the Commission will shortly be
releasing a public notice establishing a
voluntary electronic reporting system
that EAS test participants may use as
part of their participation in the national
EAS test. The Third R&O also delegates
authority to the Bureau to determine, in
consultation with FEMA and with other
EAS stakeholders, as appropriate,
various administrative procedures for
national tests, including test codes to be
used and pre-test outreach.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. This document contains modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
has been 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 or modified
information collection requirements
contained in this proceeding. In
addition, the Commission notes that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
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it previously sought specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
3. In this present document, the
Commission has assessed the effects of
the information collection associated
with national testing of the EAS, and
finds that because this information
collection requests information that is
readily available and easily accessible to
all EAS Participants, and, further, that
may be submitted electronically, none
of the requirements in the collection
will pose a substantial burden for
businesses with fewer than 25
employees.
B. Congressional Review Act
4. The Commission will send a copy
of this Third R&O 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).
II. Final Regulatory Flexibility Analysis
5. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated into
the Second Further Notice of Proposed
Rulemaking in EB Docket 04–296
(Second FNPRM). The Commission
sought written comment on the
proposals in the Second FNPRM,
including comment on the IRFA. This
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
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A. Need for, and Objectives of, the
Proposed Rules
6. This Third R&O seeks to ensure
that the Commission’s EAS rules better
protect the life and property of all
Americans. To further serve this goal,
this Third R&O adopts a rule to
implement national testing of the EAS
through use of a coded EAS message
which will replace a required monthly
test, and requiring logging and provision
to the Commission of test-related
diagnostic information within 45 days
of the test.
7. Specifically, this Third R&O:
• Requires all EAS Participants to
participate in national EAS tests as
scheduled by the Commission in
consultation with FEMA;
• Requires that the first national EAS
test use the EAN, the live event code for
nationwide Presidential alerts;
• Requires that the national test
replace the monthly and weekly EAS
tests in the month and week in which
it is held;
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• Requires the Bureau to provide at
least two months’ public notice prior to
any national test of the EAS;
• Requires EAS Participants to submit
test-related data to the Bureau within 45
days following a national EAS test;
• Requires that test data received
from EAS Participants be treated as
presumptively confidential, but allow
test data to be shared on a confidential
basis with other Federal agencies and
State governmental emergency
management agencies that have
confidentiality protection at least equal
to that provided by the FOIA;
• Notes that the Commission will
shortly be releasing a public notice
establishing a voluntary electronic
reporting system that EAS test
participants may use as part of their
participation in the national EAS test;
and
• Delegates authority to the Bureau to
determine, in consultation with FEMA
and with other EAS stakeholders, as
appropriate, various administrative
procedures for national tests, including
test codes to be used and pre-test
outreach.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
8. There were no comments that
specifically addressed the IRFA.
C. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply
9. The RFA directs agencies to
provide a description of, and, where
feasible, an estimate of, the number of
small entities that may be affected by
the rules adopted herein. The RFA
generally defines the term ‘‘small entity’’
as having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act. A ‘‘small business
concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
10. Television Broadcasting. The SBA
has developed a small business sized
standard for television broadcasting,
which consists of all such firms having
$14 million or less in annual receipts.
Business concerns included in this
industry are those ‘‘primarily engaged in
broadcasting images together with
sound.’’ According to Commission staff
review of BIA Publications, Inc. Master
Access Television Analyzer Database, as
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of May 16, 2003, about 814 of the 1,220
commercial television stations in the
United States had revenues of $12
million or less. We note, however, that,
in assessing whether a business concern
qualifies as small under the above
definition, business (control) affiliations
must be included. Our estimate,
therefore, likely overstates the number
of small entities that might be affected
by our action, because the revenue
figure on which it is based does not
include or aggregate revenues from
affiliated companies. There are also
2,127 low power television stations
(LPTV). Given the nature of this service,
we will presume that all LPTV licensees
qualify as small entities under the SBA
size standard.
11. Radio Stations. The revised rules
and policies potentially will apply to all
AM and commercial FM radio
broadcasting licensees and potential
licensees. The SBA defines a radio
broadcasting station that has $7 million
or less in annual receipts as a small
business. A radio broadcasting station is
an establishment primarily engaged in
broadcasting aural programs by radio to
the public. Included in this industry are
commercial, religious, educational, and
other radio stations. Radio broadcasting
stations which primarily are engaged in
radio broadcasting and which produce
radio program materials are similarly
included. However, radio stations that
are separate establishments and are
primarily engaged in producing radio
program material are classified under
another NAICS number. According to
Commission staff review of BIA
Publications, Inc. Master Access Radio
Analyzer Database on March 31, 2005,
about 10,840 (95 percent) of 11,410
commercial radio stations have revenue
of $6 million or less. We note, however,
that many radio stations are affiliated
with much larger corporations having
much higher revenue. Our estimate,
therefore, likely overstates the number
of small entities that might be affected
by our action.
12. Wired Telecommunications
Carriers. The 2007 North American
Industry Classification System (NAICS)
defines ‘‘Wired Telecommunications
Carriers’’ as follows: ‘‘This industry
comprises establishments primarily
engaged in operating and/or providing
access to transmission facilities and
infrastructure that they own and/or
lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
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that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services; wired
(cable) audio and video programming
distribution; and wired broadband
Internet services. By exception,
establishments providing satellite
television distribution services using
facilities and infrastructure that they
operate are included in this industry.’’
The SBA has developed a small
business size standard for wireline firms
within the broad economic census
category, ‘‘Wired Telecommunications
Carriers.’’ Under this category, the SBA
deems a wireline business to be small if
it has 1,500 or fewer employees. Census
Bureau data for 2002 show that there
were 2,432 firms in this category that
operated for the entire year. Of this
total, 2,395 firms had employment of
999 or fewer employees, and 37 firms
had employment of 1,000 employees or
more. Thus, under this category and
associated small business size standard,
the majority of firms can be considered
small.
13. Wired Telecommunications
Carriers—Cable and Other Program
Distribution. This category includes,
among others, cable operators, direct
broadcast satellite (DBS) services, home
satellite dish (HSD) services, satellite
master antenna television (SMATV)
systems, and open video systems (OVS).
The data we have available as a basis for
estimating the number of such entities
were gathered under a superseded SBA
small business size standard formerly
titled Cable and Other Program
Distribution. The former Cable and
Other Program Distribution category is
now included in the category of Wired
Telecommunications Carriers, the
majority of which, as discussed above,
can be considered small. According to
Census Bureau data for 2002, there were
a total of 1,191 firms in this previous
category that operated for the entire
year. Of this total, 1,087 firms had
annual receipts of under $10 million,
and 43 firms had receipts of $10 million
or more but less than $25 million. Thus,
we believe that a substantial number of
entities included in the former Cable
and Other Program Distribution category
may have been categorized as small
entities under the now superseded SBA
small business size standard for Cable
and Other Program Distribution. With
respect to OVS, the Commission has
approved approximately 120 OVS
certifications with some OVS operators
now providing service. Broadband
service providers (BSPs) are currently
the only significant holders of OVS
certifications or local OVS franchises,
even though OVS is one of four
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statutorily-recognized options for local
exchange carriers (LECs) to offer video
programming services. As of June 2006,
BSPs served approximately 1.4 million
subscribers, representing 1.46 percent of
all MVPD households. Among BSPs,
however, those operating under the OVS
framework are in the minority. The
Commission does not have financial
information regarding the entities
authorized to provide OVS, some of
which may not yet be operational. We
thus believe that at least some of the
OVS operators may qualify as small
entities.
14. Cable System Operators (Rate
Regulation Standard). The Commission
has developed its own small business
size standard for cable system operators,
for purposes of rate regulation. Under
the Commission’s rules, a ‘‘small cable
company’’ is one serving 400,000 or
fewer subscribers nationwide. We have
estimated that there were 1,065 cable
operators who qualified as small cable
system operators at the end of 2005.
Since then, some of those companies
may have grown to serve over 400,000
subscribers, and others may have been
involved in transactions that caused
them to be combined with other cable
operators. Consequently, the
Commission estimates that there are
now fewer than 1,065 small entity cable
system operators that may be affected by
the rules and policies proposed herein.
15. Cable System Operators (Telecom
Act Standard). The Communications
Act of 1934, as amended, (‘‘Act’’) also
contains a size standard for small cable
system operators, which is ‘‘a cable
operator that, directly or through an
affiliate, serves in the aggregate fewer
than 1 percent of all subscribers in the
United States and is not affiliated with
any entity or entities whose gross
annual revenues in the aggregate exceed
$250,000,000.’’ The Commission has
determined that there are 67,700,000
subscribers in the United States.
Therefore, an operator serving fewer
than 677,000 subscribers shall be
deemed a small operator, if its annual
revenues, when combined with the total
annual revenues of all its affiliates, do
not exceed $250 million in the
aggregate. Based on available data, the
Commission estimates that the number
of cable operators serving 677,000
subscribers or fewer, totals 1,065. The
Commission neither requests nor
collects information on whether cable
system operators are affiliated with
entities whose gross annual revenues
exceed $250 million, and therefore are
unable, at this time, to estimate more
accurately the number of cable system
operators that would qualify as small
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cable operators under the size standard
contained in the Act.
16. Broadband Radio Service (FCC
Auction Standard). The established
rules apply to Broadband Radio Service
(‘‘BRS,’’ formerly known as Multipoint
Distribution Systems, or ‘‘MDS’’)
operated as part of a wireless cable
system. The Commission has defined
‘‘small entity’’ for purposes of the
auction of BRS frequencies as an entity
that, together with its affiliates, has
average gross annual revenues that are
not more than $40 million for the
preceding three calendar years. This
definition of small entity in the context
of MDS auctions has been approved by
the SBA. The Commission completed its
MDS auction in March 1996 for
authorizations in 493 basic trading
areas. Of 67 winning bidders, 61
qualified as small entities. At this time,
we estimate that of the 61 small
business MDS auction winners, 48
remain small business licensees.
17. Wireless Telecommunications
Carrier (except satellite). BRS also
includes licensees of stations authorized
prior to the auction. As noted above, the
SBA has developed a definition of small
entities for pay television services,
Cable and Other Subscription
Programming, which includes all such
companies generating $15 million or
less in annual receipts. This definition
includes BRS and thus applies to BRS
licensees that did not participate in the
MDS auction. Information available to
us indicates that there are
approximately 392 incumbent BRS
licensees that do not generate revenue
in excess of $11 million annually.
Therefore, we estimate that there are at
least 440 (392 pre-auction plus 48
auction licensees) small BRS providers
as defined by the SBA and the
Commission’s auction rules which may
be affected by the rules adopted herein.
In addition, limited preliminary census
data for 2002 indicate that the total
number of cable and other program
distribution companies increased
approximately 46 percent from 1997 to
2002.
18. Educational Broadband Service.
The proposed rules would also apply to
Educational Broadband Service (‘‘EBS,’’
formerly known as Instructional
Television Fixed Service or ‘‘ITFS’’)
facilities operated as part of a wireless
cable system. The SBA definition of
small entities for pay television services,
Cable and Other Subscription
Programming also appears to apply to
EBS. There are presently 2,032 EBS
licensees. All but 100 of these licenses
are held by educational institutions.
Educational institutions are included in
the definition of a small business.
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However, we do not collect annual
revenue data for EBS licensees, and are
not able to ascertain how many of the
100 non-educational licensees would be
categorized as small under the SBA
definition. Thus, we tentatively
conclude that at least 1,932 are small
businesses and may be affected by the
proposed rules.
19. Incumbent Local Exchange
Carriers (LECs). We have included small
incumbent LECs in this present IRFA
analysis. As noted above, a ‘‘small
business’’ under the RFA is one that,
inter alia, meets the pertinent small
business size standard (e.g., a telephone
communications business having 1,500
or fewer employees), and ‘‘is not
dominant in its field of operation.’’ The
SBA’s Office of Advocacy contends that,
for RFA purposes, small incumbent
LECs are not dominant in their field of
operation because any such dominance
is not ‘‘national’’ in scope. We have
therefore included small incumbent
local exchange carriers in this RFA
analysis, although we emphasize that
this RFA action has no effect on
Commission analyses and
determinations in other, non-RFA
contexts. Neither the Commission nor
the SBA has developed a small business
size standard specifically for incumbent
local exchange services. The appropriate
size standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. According to
Commission data, 1,303 carriers have
reported that they are engaged in the
provision of incumbent local exchange
services. Of these 1,303 carriers, an
estimated 1,020 have 1,500 or fewer
employees and 283 have more than
1,500 employees. Consequently, the
Commission estimates that most
providers of incumbent local exchange
service are small businesses that may be
affected by our proposed rules.
20. Competitive (LECs), Competitive
Access Providers (CAPs), ‘‘SharedTenant Service Providers,’’ and ‘‘Other
Local Service Providers.’’ Neither the
Commission nor the SBA has developed
a small business size standard
specifically for these service providers.
The appropriate size standard under
SBA rules is for the category Wired
Telecommunications Carriers. Under
that size standard, such a business is
small if it has 1,500 or fewer employees.
According to Commission data, 769
carriers have reported that they are
engaged in the provision of either
competitive access provider services or
competitive local exchange carrier
services. Of these 769 carriers, an
estimated 676 have 1,500 or fewer
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employees and 93 have more than 1,500
employees. In addition, 12 carriers have
reported that they are ‘‘Shared-Tenant
Service Providers,’’ and all 12 are
estimated to have 1.500 or fewer
employees. In addition, 39 carriers have
reported that they are ‘‘Other Local
Service Providers.’’ Of the 39, an
estimated 38 have 1,500 or fewer
employees and one has more than 1,500
employees. Consequently, the
Commission estimates that most
providers of competitive local exchange
service, competitive access providers,
‘‘Shared-Tenant Service Providers,’’ and
‘‘Other Local Service Providers’’ are
small entities that may be affected by
our proposed rules.
21. Satellite Telecommunications.
The Commission has not developed a
small business size standard specifically
for providers of satellite service. The
appropriate size standard under SBA
rules is for Satellite
Telecommunications. Under that
category, such a business is small if it
has $15 million or less in average
annual receipts. Under the category of
Satellite Telecommunications, Census
Bureau data for 1997 show that there
were a total of 324 firms that operated
for the entire year. Of this total, 273
firms had annual receipts of under $10
million, and an additional twenty-four
firms had receipts of $10 million to
$24,999,999. Thus, the majority of
Satellite Telecommunications firms can
be considered small.
22. All Other Telecommunications.
This category includes ‘‘establishments
primarily engaged in * * * providing
satellite terminal stations and associated
facilities operationally connected with
one or more terrestrial communications
systems and capable of transmitting
telecommunications to or receiving
telecommunications from satellite
systems.’’ Under that category, which is
defined by the SBA, such a business is
small if it has $25 million or less in
average annual receipts. Of this total,
424 firms had annual receipts of $5
million to $9,999,999 and an additional
6 firms had annual receipts of $10
million to $24,999,990. Thus, under this
second size standard, the majority of
firms can be considered small.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
23. This Third R&O requires that EAS
Participants record and submit to the
Commission the following test-related
diagnostic information for each alert
received from each message source
monitored at the time of the national
test: (1) Whether they received the alert
message during the designated test; (2)
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whether they retransmitted the alert;
and (3) if they were not able to receive
and/or transmit the alert, their ‘best
effort’ diagnostic analysis regarding the
cause or causes for such failure. It also
requires EAS Participants to provide us
with a description of their station
identification and level of designation
(PEP, LP–1, etc.); the date/time of
receipt of the EAN message by all
stations; the date/time of PEP station
acknowledgement of receipt of the EAN
message to FOC; the date/time of
initiation of actual broadcast of the
Presidential message; the date/time of
receipt of the EAT message by all
stations; who they were monitoring at
the time of the test, and the make and
model number of the EAS equipment
that they utilized. These requirements
are intended to advance our public
safety mission and enhance the
performance of the EAS while reducing
regulatory burdens wherever possible.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
24. The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
25. The rules are designed to
minimally impact all EAS participants,
including small entities, while at the
same time protecting the lives and
property of all Americans, which
confers a direct benefit on small entities.
The Second FNPRM sought comment on
how the Commission may better protect
the lives and property of Americans. In
commenting on this goal, commenters
were invited to propose steps that the
Commission may take to further
minimize any significant economic
impact on small entities. When
considering proposals made by other
parties, commenters were invited to
propose significant alternatives that
serve the goals of these proposals.
26. No commenters disputed the
proposed requirement that all EAS
Participants to participate in national
EAS tests as scheduled by the
Commission in consultation with
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FEMA. While some commenters
opposed a requirement that the first
national EAS test use the EAN, the live
event code for nationwide Presidential
alerts, there is at present no other way
to test the entire system for propagation
of a national-level EAS alert. No
commenter opposed the requirement
that the national test replace the
monthly and weekly EAS tests in the
month and week in which it is held and
this requirement in fact serves to
minimize burdens on all participants be
relieving them of certain testing
obligations. While some commenters
sought more than two months notice,
the Order requires the Bureau to provide
at least two months’ public notice prior
to any national test of the EAS. The
impact on small entities will be a factor
considered by the Bureau in making its
determination of notice period.
27. The new rule requires EAS
Participants to submit test-related data
to the Bureau within 45 days following
a national EAS test. This was an
extension of the 30 days initially
proposed in the Second FNPRM and
will minimize the burden on all
participants. A number of commenters
requested the ability to submit the
required test data electronically and this
Third R&O provides for this alternative
method of data submission, also
lessening the economic impact on all
entities. The requirement that test data
received from EAS Participants be
treated as presumptively confidential,
but allowing test data to be shared on
a confidential basis with other Federal
agencies and State governmental
emergency management agencies that
have confidentiality protection at least
equal to that provided by the Freedom
of Information Act (FOIA), has no
economic impact on small entities. In
delegating authority to the Bureau to
determine, in consultation with FEMA
and with other EAS stakeholders, as
appropriate, various administrative
procedures for national tests, including
test codes to be used and pre-test
outreach, the Commission has
instructed the Bureau to factor in the
needs of all stakeholders, including
small business entities.
28. Report to Congress: The
Commission will send a copy of the
Third R&O including this FRFA, in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act. In addition, the Commission will
send a copy of the Third R&O, including
this FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the
Third R&O and FRFA (or summaries
thereof) will also be published in the
Federal Register.
VerDate Mar<15>2010
18:59 Mar 07, 2011
Jkt 223001
III. Ordering Clauses
29. Accordingly, it is ordered that
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) and
(o), 301, 303(r), 303(v), 307, 309, 335,
403, 544(g), 606, and 615, this Third
Report and Order is adopted.
30. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Third Report and Order, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
two months prior to the conduct of any
such national test.
(iv) Test results as required by the
Commission shall be logged by all EAS
Participants and shall be provided to the
Commission’s Public Safety and
Homeland Security Bureau within forty
five (45) days following the test.
*
*
*
*
*
[FR Doc. 2011–5222 Filed 3–7–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
List of Subjects in 47 CFR Part 11
[Docket No. 001005281–0369–02]
Radio, Television, Emergency
alerting.
RIN 0648–XA263
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 11 as
follows:
PART 11—EMERGENCY ALERT
SYSTEM (EAS)
1. The authority citation for part 11
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i) and (o),
303(r), 544(g) and 606.
2. Revise § 11.61(a)(3) to read as
follows:
■
§ 11.61
Tests of EAS procedures.
(a) * * *
(3) National Tests. (i) All EAS
Participants shall participate in national
tests as scheduled by the Commission in
consultation with the Federal
Emergency Management Agency
(FEMA). Such tests will consist of the
delivery by FEMA to PEP/NP stations of
a coded EAS message, including EAS
header codes, Attention Signal, Test
Script, and EOM code. All other EAS
Participants will then be required to
relay that EAS message. The coded
message shall utilize EAS test codes as
designated by the Commission’s rules.
(ii) A national test shall replace the
required weekly and monthly tests for
all EAS Participants, as set forth in
paragraphs (a)(1) and (a)(2) of this
section, in the week and month in
which it occurs.
(iii) Notice shall be provided to EAS
Participants by the Commission at least
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic; Trip
Limit Reduction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the trip limit
for the hook-and-line component of the
commercial sector for Gulf group king
mackerel in the southern Florida west
coast subzone to 500 lb (227 kg) of king
mackerel per day in or from the
exclusive economic zone (EEZ). This
trip limit reduction is necessary to
protect the Gulf king mackerel resource.
DATES: This rule is effective 12:01 a.m.,
local time, March 8, 2011, through June
30, 2011, unless changed by further
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Steve.Branstetter@noaa.gov.
SUMMARY:
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and bluefish) is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08MRR1.SGM
08MRR1
Agencies
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12600-12604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5222]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; FCC 11-12]
Review of the Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules governing the Emergency Alert System
(EAS) to provide for national EAS testing and collection of data from
such tests. This will help determine whether the EAS functions as
intended to deliver a national Presidential alert.
DATES: Effective March 8, 2011.
FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief,
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by e-
mail at Lisa.Fowlkes@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Report and Order (Third R&O) in EB Docket No. 04-296, FCC 11-12,
adopted on February 2, 2011, and released on February 3, 2011. The full
text of this document is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC 20554. The complete text of this
document also may be purchased from the Commission's copy contractor,
Best Copy and Printing, Inc., 445 12th Street, SW., Room, CY-B402,
Washington, DC 20554. The full text may also be downloaded at: https://www.fcc.gov.
1. The Third R&O amends the Commission's part 11 rules governing
the EAS to require: all EAS Participants to participate in national EAS
tests as scheduled by the Commission in consultation with the Federal
Emergency Management Agency (FEMA); that the first national EAS test
use the Emergency Alert Notification (EAN), the live event code for
nationwide Presidential alerts; that the national test replace the
monthly and weekly EAS tests in the month and week in which it is held;
that the Commission's Public Safety and Homeland Security Bureau
(Bureau) provide at least two months public notice prior to any
national test of the EAS; EAS Participants to submit test-related data
to the Bureau within 45 days following a national EAS test; and that
test data received from EAS Participants be treated as presumptively
confidential, but allow test data to be shared on a confidential basis
with other Federal agencies and State governmental emergency management
agencies that have confidentiality protection as least equal to that
provided by the Freedom of Information Act (FOIA). The Third R&O also
notes that the Commission will shortly be releasing a public notice
establishing a voluntary electronic reporting system that EAS test
participants may use as part of their participation in the national EAS
test. The Third R&O also delegates authority to the Bureau to
determine, in consultation with FEMA and with other EAS stakeholders,
as appropriate, various administrative procedures for national tests,
including test codes to be used and pre-test outreach.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. This document contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It has been 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 or modified information collection requirements contained in
this proceeding. In addition, the Commission notes that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4),
[[Page 12601]]
it previously sought specific comment on how it might further reduce
the information collection burden for small business concerns with
fewer than 25 employees.
3. In this present document, the Commission has assessed the
effects of the information collection associated with national testing
of the EAS, and finds that because this information collection requests
information that is readily available and easily accessible to all EAS
Participants, and, further, that may be submitted electronically, none
of the requirements in the collection will pose a substantial burden
for businesses with fewer than 25 employees.
B. Congressional Review Act
4. The Commission will send a copy of this Third R&O 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).
II. Final Regulatory Flexibility Analysis
5. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into the Second Further Notice of Proposed Rulemaking in
EB Docket 04-296 (Second FNPRM). The Commission sought written comment
on the proposals in the Second FNPRM, including comment on the IRFA.
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
6. This Third R&O seeks to ensure that the Commission's EAS rules
better protect the life and property of all Americans. To further serve
this goal, this Third R&O adopts a rule to implement national testing
of the EAS through use of a coded EAS message which will replace a
required monthly test, and requiring logging and provision to the
Commission of test-related diagnostic information within 45 days of the
test.
7. Specifically, this Third R&O:
Requires all EAS Participants to participate in national
EAS tests as scheduled by the Commission in consultation with FEMA;
Requires that the first national EAS test use the EAN, the
live event code for nationwide Presidential alerts;
Requires that the national test replace the monthly and
weekly EAS tests in the month and week in which it is held;
Requires the Bureau to provide at least two months' public
notice prior to any national test of the EAS;
Requires EAS Participants to submit test-related data to
the Bureau within 45 days following a national EAS test;
Requires that test data received from EAS Participants be
treated as presumptively confidential, but allow test data to be shared
on a confidential basis with other Federal agencies and State
governmental emergency management agencies that have confidentiality
protection at least equal to that provided by the FOIA;
Notes that the Commission will shortly be releasing a
public notice establishing a voluntary electronic reporting system that
EAS test participants may use as part of their participation in the
national EAS test; and
Delegates authority to the Bureau to determine, in
consultation with FEMA and with other EAS stakeholders, as appropriate,
various administrative procedures for national tests, including test
codes to be used and pre-test outreach.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
8. There were no comments that specifically addressed the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
9. The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
10. Television Broadcasting. The SBA has developed a small business
sized standard for television broadcasting, which consists of all such
firms having $14 million or less in annual receipts. Business concerns
included in this industry are those ``primarily engaged in broadcasting
images together with sound.'' According to Commission staff review of
BIA Publications, Inc. Master Access Television Analyzer Database, as
of May 16, 2003, about 814 of the 1,220 commercial television stations
in the United States had revenues of $12 million or less. We note,
however, that, in assessing whether a business concern qualifies as
small under the above definition, business (control) affiliations must
be included. Our estimate, therefore, likely overstates the number of
small entities that might be affected by our action, because the
revenue figure on which it is based does not include or aggregate
revenues from affiliated companies. There are also 2,127 low power
television stations (LPTV). Given the nature of this service, we will
presume that all LPTV licensees qualify as small entities under the SBA
size standard.
11. Radio Stations. The revised rules and policies potentially will
apply to all AM and commercial FM radio broadcasting licensees and
potential licensees. The SBA defines a radio broadcasting station that
has $7 million or less in annual receipts as a small business. A radio
broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial, religious, educational, and other radio
stations. Radio broadcasting stations which primarily are engaged in
radio broadcasting and which produce radio program materials are
similarly included. However, radio stations that are separate
establishments and are primarily engaged in producing radio program
material are classified under another NAICS number. According to
Commission staff review of BIA Publications, Inc. Master Access Radio
Analyzer Database on March 31, 2005, about 10,840 (95 percent) of
11,410 commercial radio stations have revenue of $6 million or less. We
note, however, that many radio stations are affiliated with much larger
corporations having much higher revenue. Our estimate, therefore,
likely overstates the number of small entities that might be affected
by our action.
12. Wired Telecommunications Carriers. The 2007 North American
Industry Classification System (NAICS) defines ``Wired
Telecommunications Carriers'' as follows: ``This industry comprises
establishments primarily engaged in operating and/or providing access
to transmission facilities and infrastructure that they own and/or
lease for the transmission of voice, data, text, sound, and video using
wired telecommunications networks. Transmission facilities may be based
on a single technology or a combination of technologies. Establishments
in this industry use the wired telecommunications network facilities
[[Page 12602]]
that they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet services.
By exception, establishments providing satellite television
distribution services using facilities and infrastructure that they
operate are included in this industry.'' The SBA has developed a small
business size standard for wireline firms within the broad economic
census category, ``Wired Telecommunications Carriers.'' Under this
category, the SBA deems a wireline business to be small if it has 1,500
or fewer employees. Census Bureau data for 2002 show that there were
2,432 firms in this category that operated for the entire year. Of this
total, 2,395 firms had employment of 999 or fewer employees, and 37
firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small.
13. Wired Telecommunications Carriers--Cable and Other Program
Distribution. This category includes, among others, cable operators,
direct broadcast satellite (DBS) services, home satellite dish (HSD)
services, satellite master antenna television (SMATV) systems, and open
video systems (OVS). The data we have available as a basis for
estimating the number of such entities were gathered under a superseded
SBA small business size standard formerly titled Cable and Other
Program Distribution. The former Cable and Other Program Distribution
category is now included in the category of Wired Telecommunications
Carriers, the majority of which, as discussed above, can be considered
small. According to Census Bureau data for 2002, there were a total of
1,191 firms in this previous category that operated for the entire
year. Of this total, 1,087 firms had annual receipts of under $10
million, and 43 firms had receipts of $10 million or more but less than
$25 million. Thus, we believe that a substantial number of entities
included in the former Cable and Other Program Distribution category
may have been categorized as small entities under the now superseded
SBA small business size standard for Cable and Other Program
Distribution. With respect to OVS, the Commission has approved
approximately 120 OVS certifications with some OVS operators now
providing service. Broadband service providers (BSPs) are currently the
only significant holders of OVS certifications or local OVS franchises,
even though OVS is one of four statutorily-recognized options for local
exchange carriers (LECs) to offer video programming services. As of
June 2006, BSPs served approximately 1.4 million subscribers,
representing 1.46 percent of all MVPD households. Among BSPs, however,
those operating under the OVS framework are in the minority. The
Commission does not have financial information regarding the entities
authorized to provide OVS, some of which may not yet be operational. We
thus believe that at least some of the OVS operators may qualify as
small entities.
14. Cable System Operators (Rate Regulation Standard). The
Commission has developed its own small business size standard for cable
system operators, for purposes of rate regulation. Under the
Commission's rules, a ``small cable company'' is one serving 400,000 or
fewer subscribers nationwide. We have estimated that there were 1,065
cable operators who qualified as small cable system operators at the
end of 2005. Since then, some of those companies may have grown to
serve over 400,000 subscribers, and others may have been involved in
transactions that caused them to be combined with other cable
operators. Consequently, the Commission estimates that there are now
fewer than 1,065 small entity cable system operators that may be
affected by the rules and policies proposed herein.
15. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, (``Act'') also contains a size
standard for small cable system operators, which is ``a cable operator
that, directly or through an affiliate, serves in the aggregate fewer
than 1 percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed $250,000,000.'' The Commission has determined that
there are 67,700,000 subscribers in the United States. Therefore, an
operator serving fewer than 677,000 subscribers shall be deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the
aggregate. Based on available data, the Commission estimates that the
number of cable operators serving 677,000 subscribers or fewer, totals
1,065. The Commission neither requests nor collects information on
whether cable system operators are affiliated with entities whose gross
annual revenues exceed $250 million, and therefore are unable, at this
time, to estimate more accurately the number of cable system operators
that would qualify as small cable operators under the size standard
contained in the Act.
16. Broadband Radio Service (FCC Auction Standard). The established
rules apply to Broadband Radio Service (``BRS,'' formerly known as
Multipoint Distribution Systems, or ``MDS'') operated as part of a
wireless cable system. The Commission has defined ``small entity'' for
purposes of the auction of BRS frequencies as an entity that, together
with its affiliates, has average gross annual revenues that are not
more than $40 million for the preceding three calendar years. This
definition of small entity in the context of MDS auctions has been
approved by the SBA. The Commission completed its MDS auction in March
1996 for authorizations in 493 basic trading areas. Of 67 winning
bidders, 61 qualified as small entities. At this time, we estimate that
of the 61 small business MDS auction winners, 48 remain small business
licensees.
17. Wireless Telecommunications Carrier (except satellite). BRS
also includes licensees of stations authorized prior to the auction. As
noted above, the SBA has developed a definition of small entities for
pay television services, Cable and Other Subscription Programming,
which includes all such companies generating $15 million or less in
annual receipts. This definition includes BRS and thus applies to BRS
licensees that did not participate in the MDS auction. Information
available to us indicates that there are approximately 392 incumbent
BRS licensees that do not generate revenue in excess of $11 million
annually. Therefore, we estimate that there are at least 440 (392 pre-
auction plus 48 auction licensees) small BRS providers as defined by
the SBA and the Commission's auction rules which may be affected by the
rules adopted herein. In addition, limited preliminary census data for
2002 indicate that the total number of cable and other program
distribution companies increased approximately 46 percent from 1997 to
2002.
18. Educational Broadband Service. The proposed rules would also
apply to Educational Broadband Service (``EBS,'' formerly known as
Instructional Television Fixed Service or ``ITFS'') facilities operated
as part of a wireless cable system. The SBA definition of small
entities for pay television services, Cable and Other Subscription
Programming also appears to apply to EBS. There are presently 2,032 EBS
licensees. All but 100 of these licenses are held by educational
institutions. Educational institutions are included in the definition
of a small business.
[[Page 12603]]
However, we do not collect annual revenue data for EBS licensees, and
are not able to ascertain how many of the 100 non-educational licensees
would be categorized as small under the SBA definition. Thus, we
tentatively conclude that at least 1,932 are small businesses and may
be affected by the proposed rules.
19. Incumbent Local Exchange Carriers (LECs). We have included
small incumbent LECs in this present IRFA analysis. As noted above, a
``small business'' under the RFA is one that, inter alia, meets the
pertinent small business size standard (e.g., a telephone
communications business having 1,500 or fewer employees), and ``is not
dominant in its field of operation.'' The SBA's Office of Advocacy
contends that, for RFA purposes, small incumbent LECs are not dominant
in their field of operation because any such dominance is not
``national'' in scope. We have therefore included small incumbent local
exchange carriers in this RFA analysis, although we emphasize that this
RFA action has no effect on Commission analyses and determinations in
other, non-RFA contexts. Neither the Commission nor the SBA has
developed a small business size standard specifically for incumbent
local exchange services. The appropriate size standard under SBA rules
is for the category Wired Telecommunications Carriers. Under that size
standard, such a business is small if it has 1,500 or fewer employees.
According to Commission data, 1,303 carriers have reported that they
are engaged in the provision of incumbent local exchange services. Of
these 1,303 carriers, an estimated 1,020 have 1,500 or fewer employees
and 283 have more than 1,500 employees. Consequently, the Commission
estimates that most providers of incumbent local exchange service are
small businesses that may be affected by our proposed rules.
20. Competitive (LECs), Competitive Access Providers (CAPs),
``Shared-Tenant Service Providers,'' and ``Other Local Service
Providers.'' Neither the Commission nor the SBA has developed a small
business size standard specifically for these service providers. The
appropriate size standard under SBA rules is for the category Wired
Telecommunications Carriers. Under that size standard, such a business
is small if it has 1,500 or fewer employees. According to Commission
data, 769 carriers have reported that they are engaged in the provision
of either competitive access provider services or competitive local
exchange carrier services. Of these 769 carriers, an estimated 676 have
1,500 or fewer employees and 93 have more than 1,500 employees. In
addition, 12 carriers have reported that they are ``Shared-Tenant
Service Providers,'' and all 12 are estimated to have 1.500 or fewer
employees. In addition, 39 carriers have reported that they are ``Other
Local Service Providers.'' Of the 39, an estimated 38 have 1,500 or
fewer employees and one has more than 1,500 employees. Consequently,
the Commission estimates that most providers of competitive local
exchange service, competitive access providers, ``Shared-Tenant Service
Providers,'' and ``Other Local Service Providers'' are small entities
that may be affected by our proposed rules.
21. Satellite Telecommunications. The Commission has not developed
a small business size standard specifically for providers of satellite
service. The appropriate size standard under SBA rules is for Satellite
Telecommunications. Under that category, such a business is small if it
has $15 million or less in average annual receipts. Under the category
of Satellite Telecommunications, Census Bureau data for 1997 show that
there were a total of 324 firms that operated for the entire year. Of
this total, 273 firms had annual receipts of under $10 million, and an
additional twenty-four firms had receipts of $10 million to
$24,999,999. Thus, the majority of Satellite Telecommunications firms
can be considered small.
22. All Other Telecommunications. This category includes
``establishments primarily engaged in * * * providing satellite
terminal stations and associated facilities operationally connected
with one or more terrestrial communications systems and capable of
transmitting telecommunications to or receiving telecommunications from
satellite systems.'' Under that category, which is defined by the SBA,
such a business is small if it has $25 million or less in average
annual receipts. Of this total, 424 firms had annual receipts of $5
million to $9,999,999 and an additional 6 firms had annual receipts of
$10 million to $24,999,990. Thus, under this second size standard, the
majority of firms can be considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
23. This Third R&O requires that EAS Participants record and submit
to the Commission the following test-related diagnostic information for
each alert received from each message source monitored at the time of
the national test: (1) Whether they received the alert message during
the designated test; (2) whether they retransmitted the alert; and (3)
if they were not able to receive and/or transmit the alert, their `best
effort' diagnostic analysis regarding the cause or causes for such
failure. It also requires EAS Participants to provide us with a
description of their station identification and level of designation
(PEP, LP-1, etc.); the date/time of receipt of the EAN message by all
stations; the date/time of PEP station acknowledgement of receipt of
the EAN message to FOC; the date/time of initiation of actual broadcast
of the Presidential message; the date/time of receipt of the EAT
message by all stations; who they were monitoring at the time of the
test, and the make and model number of the EAS equipment that they
utilized. These requirements are intended to advance our public safety
mission and enhance the performance of the EAS while reducing
regulatory burdens wherever possible.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
24. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) the
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
25. The rules are designed to minimally impact all EAS
participants, including small entities, while at the same time
protecting the lives and property of all Americans, which confers a
direct benefit on small entities. The Second FNPRM sought comment on
how the Commission may better protect the lives and property of
Americans. In commenting on this goal, commenters were invited to
propose steps that the Commission may take to further minimize any
significant economic impact on small entities. When considering
proposals made by other parties, commenters were invited to propose
significant alternatives that serve the goals of these proposals.
26. No commenters disputed the proposed requirement that all EAS
Participants to participate in national EAS tests as scheduled by the
Commission in consultation with
[[Page 12604]]
FEMA. While some commenters opposed a requirement that the first
national EAS test use the EAN, the live event code for nationwide
Presidential alerts, there is at present no other way to test the
entire system for propagation of a national-level EAS alert. No
commenter opposed the requirement that the national test replace the
monthly and weekly EAS tests in the month and week in which it is held
and this requirement in fact serves to minimize burdens on all
participants be relieving them of certain testing obligations. While
some commenters sought more than two months notice, the Order requires
the Bureau to provide at least two months' public notice prior to any
national test of the EAS. The impact on small entities will be a factor
considered by the Bureau in making its determination of notice period.
27. The new rule requires EAS Participants to submit test-related
data to the Bureau within 45 days following a national EAS test. This
was an extension of the 30 days initially proposed in the Second FNPRM
and will minimize the burden on all participants. A number of
commenters requested the ability to submit the required test data
electronically and this Third R&O provides for this alternative method
of data submission, also lessening the economic impact on all entities.
The requirement that test data received from EAS Participants be
treated as presumptively confidential, but allowing test data to be
shared on a confidential basis with other Federal agencies and State
governmental emergency management agencies that have confidentiality
protection at least equal to that provided by the Freedom of
Information Act (FOIA), has no economic impact on small entities. In
delegating authority to the Bureau to determine, in consultation with
FEMA and with other EAS stakeholders, as appropriate, various
administrative procedures for national tests, including test codes to
be used and pre-test outreach, the Commission has instructed the Bureau
to factor in the needs of all stakeholders, including small business
entities.
28. Report to Congress: The Commission will send a copy of the
Third R&O including this FRFA, in a report to be sent to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act. In addition, the Commission will send a copy of the Third
R&O, including this FRFA, to the Chief Counsel for Advocacy of the SBA.
A copy of the Third R&O and FRFA (or summaries thereof) will also be
published in the Federal Register.
III. Ordering Clauses
29. Accordingly, it is ordered that 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) and (o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606,
and 615, this Third Report and Order is adopted.
30. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Third Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 11
Radio, Television, Emergency alerting.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
0
2. Revise Sec. 11.61(a)(3) to read as follows:
Sec. 11.61 Tests of EAS procedures.
(a) * * *
(3) National Tests. (i) All EAS Participants shall participate in
national tests as scheduled by the Commission in consultation with the
Federal Emergency Management Agency (FEMA). Such tests will consist of
the delivery by FEMA to PEP/NP stations of a coded EAS message,
including EAS header codes, Attention Signal, Test Script, and EOM
code. All other EAS Participants will then be required to relay that
EAS message. The coded message shall utilize EAS test codes as
designated by the Commission's rules.
(ii) A national test shall replace the required weekly and monthly
tests for all EAS Participants, as set forth in paragraphs (a)(1) and
(a)(2) of this section, in the week and month in which it occurs.
(iii) Notice shall be provided to EAS Participants by the
Commission at least two months prior to the conduct of any such
national test.
(iv) Test results as required by the Commission shall be logged by
all EAS Participants and shall be provided to the Commission's Public
Safety and Homeland Security Bureau within forty five (45) days
following the test.
* * * * *
[FR Doc. 2011-5222 Filed 3-7-11; 8:45 am]
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