The Commercial Mobile Alert System, 16806-16808 [2013-06296]
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Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
the decision of CMS to impose sanctions
authorized under § 488.446 of this
chapter is entitled to a hearing before an
ALJ, to request Board review of the
hearing decision, and to seek judicial
review of the Board’s decision.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: May 23, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: July 20, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
Editorial Note: This document was
received at the Office of the Federal Register
on March 14, 2013.
[FR Doc. 2013–06276 Filed 3–15–13; 11:15 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 10
[PS Docket No. 07–287; DA 13–280]
The Commercial Mobile Alert System
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission amends its rules to change
the name of the Commercial Mobile
Alert System (CMAS) to Wireless
Emergency Alerts (WEA). This is
intended to conform the name used for
the wireless alert system regulated
under Commission rules to the name
used by the major commercial mobile
service providers that participate in that
system.
DATES: Effective: March 19, 2013.
FOR FURTHER INFORMATION CONTACT: Lisa
Fowlkes, Deputy Bureau Chief, Public
Safety and Homeland Security Bureau,
at (202) 418–7452, or by email at
Lisa.Fowlkes@fcc.gov.
SUMMARY:
This is a
summary of the Order in PS Docket No.
07–287, DA 13–280, adopted on
February 25, 2013, and released on
February 25, 2013. 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.,
tkelley on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
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:
www.fcc.gov.
1. The Warning Alert and Response
Network Act (WARN Act) required the
Commission to adopt the technical
requirements necessary for commercial
mobile service providers to transmit
emergency alerts, if they elect to
transmit those alerts. In the rulemaking
proceeding that the Commission
launched to implement this WARN Act
requirement, the Commission used the
name Commercial Mobile Alert System
(CMAS) to describe the system that
commercial mobile service providers
could use to transmit emergency alerts
to the public. The regulations governing
this system are codified in part 10 of the
Commission’s rules and also refer to this
system as CMAS. Recently, however, an
increasing number of the commercial
mobile service providers that participate
in the system are referring to it as
Wireless Emergency Alerts (WEA) in the
information that they provide to their
subscribers.
2. In this Order, the Commission
revises part 10 of its rules by changing
the name ‘‘Commercial Mobile Alert
System’’ to ‘‘Wireless Emergency
Alerts’’ throughout the part and by
changing references to ‘‘CMAS’’ to
‘‘WEA.’’ These revisions will conform
the name used for the wireless alert
system regulated under our rules to the
name used by the major commercial
mobile service providers that participate
in that system. Accordingly, the rules
will more accurately reflect common
parlance and thus reduce confusion.
3. The revisions adopted in this Order
and set forth below merely change the
name of the commercial mobile alert
service regulated under Part 10 of the
Commission’s rules. These revisions are
thus ministerial, non-substantive, and
editorial. Accordingly, the Commission
found good cause to conclude that
notice and comment procedures are
unnecessary and would not serve any
useful purpose.
4. Because the rule revisions will not
affect the substantive rights or interests
of any licensee, the Commission also
found good cause to make these nonsubstantive, editorial revisions of the
rules effective upon publication in the
Federal Register.
5. The Commission’s Public Safety
and Homeland Security Bureau adopted
this Order pursuant to its delegated
authority to ‘‘conduct[] rulemaking
proceedings’’ in matters pertaining to
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
public safety and homeland security.
Pursuant to § 0.392 of the Commission’s
rules, the Bureau Chief is ‘‘delegated
authority to perform all functions of the
Bureau, described in . . . § 0.191’’ with
certain specified exceptions. None of
those exceptions are present here.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
6. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
II. Final Regulatory Flexibility Analysis
7. Because the Commission adopted
this Order without the publication of a
notice of proposed rulemaking, the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., does not require the Commission
to prepare a regulatory flexibility
analysis.
III. Ordering Clauses
8. Accordingly, it is ordered that,
effective upon publication in the
Federal Register, part 10 of the
Commission’s rules is revised, as set
forth below, pursuant to the authority
contained in sections 4(i), 5(c), and
303(r) of the Communications Act, 47
U.S.C. 154(i), 155(c), and 303(r), and
§§ 0.231(b) and 0.392(e) of the
Commission’s regulations, 47 CFR
0.191(e) and 0.392.
9. It is further ordered that the
Secretary shall cause a copy of this
Order to be published in the Federal
Register.
10. It is further ordered that the
Bureau shall send a copy of this Order
in a report to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act. See 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 10
Communications common carriers,
Radio.
Federal Communications Commission.
David S. Turetsky
Chief, Public Safety and Homeland Security
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 10 as
follows:
E:\FR\FM\19MRR1.SGM
19MRR1
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
PART 10—WIRELESS EMERGENCY
ALERTS
1. The authority citation for Part 10
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i) and (o),
201, 303(r), 403, and 606; sections 602(a), (b),
(c), (f), 603, 604 and 606 of Pub. L. 109–347,
120 Stat. 1884.
2. Revise the heading of Part 10 to
read as set forth above.
■ 3. Section 10.2 is revised to read as
follows:
■
§ 10.2
Subpart B—Election To Participate in
Wireless Emergency Alerts System
Definitions.
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(b) Common Alerting Protocol. The
Common Alerting Protocol (CAP) refers
to Organization for the Advancement of
Structured Information Standards
(OASIS) Standard CAP–V1.1, October
2005 (available at https://www.oasisopen.org/specs/index.php#capv1.1), or
any subsequent version of CAP adopted
by OASIS and implemented by the
WEA.
(c) Wireless Emergency Alerts. The
Wireless Emergency Alerts (WEA)
system refers to the voluntary
emergency alerting system established
by this part, whereby Commercial
Mobile Service Providers may elect to
transmit Alert Messages to the public.
*
*
*
*
*
(h) CMS provider Gateway. The
mechanism(s) that supports the ‘‘C’’
interface and associated protocols
between the Alert Gateway and the CMS
provider Gateway, and which performs
the various functions associated with
the authentication, management and
dissemination of WEA Alert Messages
received from the Alert Gateway.
(i) CMS provider infrastructure. The
mechanism(s) that distribute received
WEA Alert Messages throughout the
CMS provider’s network, including cell
site/paging transceivers and perform
functions associated with authentication
of interactions with the Mobile Device.
(j) Mobile Devices. The subscriber
equipment generally offered by CMS
providers that supports the distribution
of WEA Alert Messages.
■ 5. Section 10.11 is revised to read as
follows:
§ 10.11
WEA implementation timeline.
Notwithstanding anything in this part
to the contrary, a participating CMS
VerDate Mar<15>2010
16:13 Mar 18, 2013
7. Section 10.210 is amended by
revising the section heading and
paragraphs (a) introductory text, (a)(2)
and (b) to read as follows:
■
Purpose.
The rules in this part establish the
requirements for participation in the
voluntary Wireless Emergency Alerts
system.
■ 4. Section 10.10 is amended by
revising paragraphs (b), (c), (h), (i) and
(j) to read as follows:
§ 10.10
provider shall begin an 18 month period
of development, testing and deployment
of the WEA in a manner consistent with
the rules in this part no later than 10
months from the date that the Federal
Alert Aggregator and Alert Gateway
makes the Government Interface Design
specifications available.
■ 6. Revise the heading of Subpart B to
read as follows:
Jkt 229001
§ 10.210 WEA participation election
procedures.
(a) A CMS provider that elects to
transmit WEA Alert Messages, in part or
in whole, shall electronically file with
the Commission a letter attesting that
the Provider:
*
*
*
*
*
(2) Commits to support the
development and deployment of
technology for the ‘‘C’’ interface, the
CMS provider Gateway, the CMS
provider infrastructure, and mobile
devices with WEA functionality and
support of the CMS provider selected
technology.
(b) A CMS provider that elects not to
transmit WEA Alert Messages shall file
electronically with the Commission a
letter attesting to that fact.
*
*
*
*
*
■ 8. Section 10.220 is revised to read as
follows:
§ 10.220 Withdrawal of election to
participate in WEA.
A CMS provider that elects to
transmit WEA Alert Messages, in part or
in whole, may withdraw its election
without regulatory penalty or forfeiture
if it notifies all affected subscribers as
well as the Federal Communications
Commission at least sixty (60) days
prior to the withdrawal of its election.
In the event that a carrier withdraws
from its election to transmit WEA Alert
Messages, the carrier must notify each
affected subscriber individually in clear
and conspicuous language citing the
statute. Such notice must promptly
inform the customer that he or she no
longer could expect to receive alerts and
of his or her right to terminate service
as a result, without penalty or early
termination fee. Such notice must
facilitate the ability of a customer to
automatically respond and immediately
discontinue service.
■ 9. Section 10.230 is revised to read as
follows:
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Frm 00031
Fmt 4700
Sfmt 4700
§ 10.230
in WEA.
16807
New CMS providers participating
CMS providers who initiate service at
a date after the election procedure
provided for in § 10.210(d) and who
elect to provide WEA Alert Messages, in
part or in whole, shall file electronically
their election to transmit in the manner
and with the attestations described in
§ 10.210(a).
■ 10. Section 10.240 is amended by
revising the section heading and
paragraph (a) to read as follows:
§ 10.240 Notification to new subscribers of
non-participation in WEA.
(a) A CMS provider that elects not to
transmit WEA Alert Messages, in part or
in whole, shall provide clear and
conspicuous notice, which takes into
account the needs of persons with
disabilities, to new subscribers of its
non-election or partial election to
provide Alert messages at the point-ofsale.
*
*
*
*
*
■ 11. Section 10.250 is amended by
revising the section heading and
paragraphs (a) and (b) to read as follows:
§ 10.250 Notification to existing
subscribers of non-participation in WEA.
(a) A CMS provider that elects not to
transmit WEA Alert Messages, in part or
in whole, shall provide clear and
conspicuous notice, which takes into
account the needs of persons with
disabilities, to existing subscribers of its
non-election or partial election to
provide Alert messages by means of an
announcement amending the existing
subscriber’s service agreement.
(b) For purposes of this section, a
CMS provider that elects not to transmit
WEA Alert Messages, in part or in
whole, shall use the notification
language set forth in § 10.240 (c) or (d)
respectively, except that the last line of
the notice shall reference FCC Rule 47
CFR 10.250, rather than FCC Rule 47
CFR 10.240.
*
*
*
*
*
■ 12. Section 10.260 is revised to read
as follows:
§ 10.260
Timing of subscriber notification.
A CMS provider that elects not to
transmit WEA Alert Messages, in part or
in whole, must comply with §§ 10.240
and 10.250 no later than 60 days
following an announcement by the
Commission that the Alert Aggregator/
Gateway system is operational and
capable of delivering emergency alerts
to participating CMS providers.
■ 13. Section 10.270 is revised to read
as follows:
E:\FR\FM\19MRR1.SGM
19MRR1
16808
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
§ 10.270 Subscribers’ right to terminate
subscription.
If a CMS provider that has elected to
provide WEA Alert Messages in whole
or in part thereafter chooses to cease
providing such alerts, either in whole or
in part, its subscribers may terminate
their subscription without penalty or
early termination fee.
■ 14. Section 10.280 is amended by
revising the section heading to read as
follows:
§ 10.280 Subscribers’ right to opt out of
WEA notifications.
*
*
*
*
*
15. Section 10.320 is amended by
revising paragraphs (c) and (f)(1) to read
as follows:
■
§ 10.320 Provider alert gateway
requirements.
*
*
*
*
*
(c) Security. The CMS provider
gateway must support standardized IPbased security mechanisms such as a
firewall, and support the defined WEA
‘‘C’’ interface and associated protocols
between the Federal alert gateway and
the CMS provider gateway.
*
*
*
*
*
(f) * * *
(1) The information must be provided
30 days in advance of the date when the
CMS provider begins to transmit WEA
alerts.
*
*
*
*
*
■ 16. Section 10.340 is revised to read
as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 10.340 Digital television transmission
towers retransmission capability.
Licensees and permittees of
noncommercial educational broadcast
television stations (NCE) or public
broadcast television stations (to the
extent such stations fall within the
scope of those terms as defined in
section 397(6) of the Communications
Act of 1934 (47 U.S.C. 397(6))) are
required to install on, or as part of, any
broadcast television digital signal
transmitter, equipment to enable the
distribution of geographically targeted
alerts by commercial mobile service
providers that have elected to transmit
WEA alerts. Such equipment and
technologies must have the capability of
allowing licensees and permittees of
NCE and public broadcast television
stations to receive WEA alerts from the
Alert Gateway over an alternate, secure
interface and then to transmit such
WEA alerts to CMS Provider Gateways
of participating CMS providers. This
equipment must be installed no later
than eighteen months from the date of
receipt of funding permitted under
section 606(b) of the WARN Act or 18
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
months from the effective date of these
rules, whichever is later.
■ 17. Section 10.350 is amended by
revising the section heading,
introductory text, and paragraphs (a)
introductory text, (a)(2), (a)(4) and (a)(5)
to read as follows:
§ 10.350
WEA Testing requirements.
This section specifies the testing that
will be required, no later than the date
of deployment of the WEA, of WEA
components.
(a) Required monthly tests. Testing of
the WEA from the Federal Alert
Gateway to each Participating CMS
Provider’s infrastructure shall be
conducted monthly.
*
*
*
*
*
(2) Participating CMS Providers shall
schedule the distribution of the RMT to
their WEA coverage area over a 24 hour
period commencing upon receipt of the
RMT at the CMS Provider Gateway.
Participating CMS Providers shall
determine the method to distribute the
RMTs, and may schedule over the 24
hour period the delivery of RMTs over
geographic subsets of their coverage area
to manage traffic loads and to
accommodate maintenance windows.
*
*
*
*
*
(4) The RMT shall be initiated only by
the Federal Alert Gateway
Administrator using a defined test
message. Real event codes or alert
messages shall not be used for the WEA
RMT message.
(5) A Participating CMS Provider shall
distribute an RMT within its WEA
coverage area within 24 hours of receipt
by the CMS Provider Gateway unless
pre-empted by actual alert traffic or
unable due to an unforeseen condition.
*
*
*
*
*
■ 18. Section 10.420 is revised to read
as follows:
§ 10.420
Character limit.
A WEA Alert Message processed by a
Participating CMS Provider must not
exceed 90 characters of alphanumeric
text.
■ 20. Section 10.440 is revised to read
as follows:
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Frm 00032
Fmt 4700
Sfmt 4700
Embedded reference prohibition.
A WEA Alert Message processed by a
Participating CMS Provider must not
include an embedded Uniform Resource
Locator (URL), which is a reference (an
address) to a resource on the Internet, or
an embedded telephone number. This
prohibition does not apply to
Presidential Alerts.
■ 21. Section 10.470 is revised to read
as follows:
§ 10.470
Roaming.
When, pursuant to a roaming
agreement (see § 20.12 of this chapter),
a subscriber receives services from a
roamed-upon network of a Participating
CMS Provider, the Participating CMS
Provider must support WEA alerts to the
roaming subscriber to the extent the
subscriber’s mobile device is configured
for and technically capable of receiving
WEA alerts.
■ 22. Section 10.500 is amended by
revising the introductory text to read as
follows:
§ 10.500
General requirements.
WEA mobile device functionality is
dependent on the capabilities of a
Participating CMS Provider’s delivery
technologies. Mobile devices are
required to perform the following
functions:
*
*
*
*
*
[FR Doc. 2013–06296 Filed 3–18–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90, 05–337; FCC 13–
16]
Connect America Fund; High-Cost
Universal Service Support
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Message elements.
A WEA Alert Message processed by a
Participating CMS Provider shall
include five mandatory CAP elements—
Event Type; Area Affected;
Recommended Action; Expiration Time
(with time zone); and Sending Agency.
This requirement does not apply to
Presidential Alerts.
■ 19. Section 10.430 is revised to read
as follows:
§ 10.430
§ 10.440
In this document, the Federal
Communications Commission
(Commission) addresses several issues
related to changes made to high-cost
universal service support for rate-ofreturn carriers in the USF/ICC
Transformation Order, including
granting in part requests to modify the
high cost loop support (HCLS)
benchmarks.
SUMMARY:
DATES:
Effective March 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Heidi Lankau, Wireline Competition
Bureau, (202) 418–2876 or TTY: (202)
418–0484.
E:\FR\FM\19MRR1.SGM
19MRR1
Agencies
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16806-16808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06296]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 10
[PS Docket No. 07-287; DA 13-280]
The Commercial Mobile Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission amends its rules to change
the name of the Commercial Mobile Alert System (CMAS) to Wireless
Emergency Alerts (WEA). This is intended to conform the name used for
the wireless alert system regulated under Commission rules to the name
used by the major commercial mobile service providers that participate
in that system.
DATES: Effective: March 19, 2013.
FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief,
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by
email at Lisa.Fowlkes@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Order in PS Docket
No. 07-287, DA 13-280, adopted on February 25, 2013, and released on
February 25, 2013. 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: www.fcc.gov.
1. The Warning Alert and Response Network Act (WARN Act) required
the Commission to adopt the technical requirements necessary for
commercial mobile service providers to transmit emergency alerts, if
they elect to transmit those alerts. In the rulemaking proceeding that
the Commission launched to implement this WARN Act requirement, the
Commission used the name Commercial Mobile Alert System (CMAS) to
describe the system that commercial mobile service providers could use
to transmit emergency alerts to the public. The regulations governing
this system are codified in part 10 of the Commission's rules and also
refer to this system as CMAS. Recently, however, an increasing number
of the commercial mobile service providers that participate in the
system are referring to it as Wireless Emergency Alerts (WEA) in the
information that they provide to their subscribers.
2. In this Order, the Commission revises part 10 of its rules by
changing the name ``Commercial Mobile Alert System'' to ``Wireless
Emergency Alerts'' throughout the part and by changing references to
``CMAS'' to ``WEA.'' These revisions will conform the name used for the
wireless alert system regulated under our rules to the name used by the
major commercial mobile service providers that participate in that
system. Accordingly, the rules will more accurately reflect common
parlance and thus reduce confusion.
3. The revisions adopted in this Order and set forth below merely
change the name of the commercial mobile alert service regulated under
Part 10 of the Commission's rules. These revisions are thus
ministerial, non-substantive, and editorial. Accordingly, the
Commission found good cause to conclude that notice and comment
procedures are unnecessary and would not serve any useful purpose.
4. Because the rule revisions will not affect the substantive
rights or interests of any licensee, the Commission also found good
cause to make these non-substantive, editorial revisions of the rules
effective upon publication in the Federal Register.
5. The Commission's Public Safety and Homeland Security Bureau
adopted this Order pursuant to its delegated authority to ``conduct[]
rulemaking proceedings'' in matters pertaining to public safety and
homeland security. Pursuant to Sec. 0.392 of the Commission's rules,
the Bureau Chief is ``delegated authority to perform all functions of
the Bureau, described in . . . Sec. 0.191'' with certain specified
exceptions. None of those exceptions are present here.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
6. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
II. Final Regulatory Flexibility Analysis
7. Because the Commission adopted this Order without the
publication of a notice of proposed rulemaking, the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., does not require the Commission
to prepare a regulatory flexibility analysis.
III. Ordering Clauses
8. Accordingly, it is ordered that, effective upon publication in
the Federal Register, part 10 of the Commission's rules is revised, as
set forth below, pursuant to the authority contained in sections 4(i),
5(c), and 303(r) of the Communications Act, 47 U.S.C. 154(i), 155(c),
and 303(r), and Sec. Sec. 0.231(b) and 0.392(e) of the Commission's
regulations, 47 CFR 0.191(e) and 0.392.
9. It is further ordered that the Secretary shall cause a copy of
this Order to be published in the Federal Register.
10. It is further ordered that the Bureau shall send a copy of this
Order in a report to Congress and the Government Accountability Office
pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 10
Communications common carriers, Radio.
Federal Communications Commission.
David S. Turetsky
Chief, Public Safety and Homeland Security Bureau.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR Part 10 as follows:
[[Page 16807]]
PART 10--WIRELESS EMERGENCY ALERTS
0
1. The authority citation for Part 10 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and
606; sections 602(a), (b), (c), (f), 603, 604 and 606 of Pub. L.
109-347, 120 Stat. 1884.
0
2. Revise the heading of Part 10 to read as set forth above.
0
3. Section 10.2 is revised to read as follows:
Sec. 10.2 Purpose.
The rules in this part establish the requirements for participation
in the voluntary Wireless Emergency Alerts system.
0
4. Section 10.10 is amended by revising paragraphs (b), (c), (h), (i)
and (j) to read as follows:
Sec. 10.10 Definitions.
* * * * *
(b) Common Alerting Protocol. The Common Alerting Protocol (CAP)
refers to Organization for the Advancement of Structured Information
Standards (OASIS) Standard CAP-V1.1, October 2005 (available at https://www.oasis-open.org/specs/index.php#capv1.1), or any subsequent version
of CAP adopted by OASIS and implemented by the WEA.
(c) Wireless Emergency Alerts. The Wireless Emergency Alerts (WEA)
system refers to the voluntary emergency alerting system established by
this part, whereby Commercial Mobile Service Providers may elect to
transmit Alert Messages to the public.
* * * * *
(h) CMS provider Gateway. The mechanism(s) that supports the ``C''
interface and associated protocols between the Alert Gateway and the
CMS provider Gateway, and which performs the various functions
associated with the authentication, management and dissemination of WEA
Alert Messages received from the Alert Gateway.
(i) CMS provider infrastructure. The mechanism(s) that distribute
received WEA Alert Messages throughout the CMS provider's network,
including cell site/paging transceivers and perform functions
associated with authentication of interactions with the Mobile Device.
(j) Mobile Devices. The subscriber equipment generally offered by
CMS providers that supports the distribution of WEA Alert Messages.
0
5. Section 10.11 is revised to read as follows:
Sec. 10.11 WEA implementation timeline.
Notwithstanding anything in this part to the contrary, a
participating CMS provider shall begin an 18 month period of
development, testing and deployment of the WEA in a manner consistent
with the rules in this part no later than 10 months from the date that
the Federal Alert Aggregator and Alert Gateway makes the Government
Interface Design specifications available.
0
6. Revise the heading of Subpart B to read as follows:
Subpart B--Election To Participate in Wireless Emergency Alerts
System
0
7. Section 10.210 is amended by revising the section heading and
paragraphs (a) introductory text, (a)(2) and (b) to read as follows:
Sec. 10.210 WEA participation election procedures.
(a) A CMS provider that elects to transmit WEA Alert Messages, in
part or in whole, shall electronically file with the Commission a
letter attesting that the Provider:
* * * * *
(2) Commits to support the development and deployment of technology
for the ``C'' interface, the CMS provider Gateway, the CMS provider
infrastructure, and mobile devices with WEA functionality and support
of the CMS provider selected technology.
(b) A CMS provider that elects not to transmit WEA Alert Messages
shall file electronically with the Commission a letter attesting to
that fact.
* * * * *
0
8. Section 10.220 is revised to read as follows:
Sec. 10.220 Withdrawal of election to participate in WEA.
A CMS provider that elects to transmit WEA Alert Messages, in part
or in whole, may withdraw its election without regulatory penalty or
forfeiture if it notifies all affected subscribers as well as the
Federal Communications Commission at least sixty (60) days prior to the
withdrawal of its election. In the event that a carrier withdraws from
its election to transmit WEA Alert Messages, the carrier must notify
each affected subscriber individually in clear and conspicuous language
citing the statute. Such notice must promptly inform the customer that
he or she no longer could expect to receive alerts and of his or her
right to terminate service as a result, without penalty or early
termination fee. Such notice must facilitate the ability of a customer
to automatically respond and immediately discontinue service.
0
9. Section 10.230 is revised to read as follows:
Sec. 10.230 New CMS providers participating in WEA.
CMS providers who initiate service at a date after the election
procedure provided for in Sec. 10.210(d) and who elect to provide WEA
Alert Messages, in part or in whole, shall file electronically their
election to transmit in the manner and with the attestations described
in Sec. 10.210(a).
0
10. Section 10.240 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 10.240 Notification to new subscribers of non-participation in
WEA.
(a) A CMS provider that elects not to transmit WEA Alert Messages,
in part or in whole, shall provide clear and conspicuous notice, which
takes into account the needs of persons with disabilities, to new
subscribers of its non-election or partial election to provide Alert
messages at the point-of-sale.
* * * * *
0
11. Section 10.250 is amended by revising the section heading and
paragraphs (a) and (b) to read as follows:
Sec. 10.250 Notification to existing subscribers of non-participation
in WEA.
(a) A CMS provider that elects not to transmit WEA Alert Messages,
in part or in whole, shall provide clear and conspicuous notice, which
takes into account the needs of persons with disabilities, to existing
subscribers of its non-election or partial election to provide Alert
messages by means of an announcement amending the existing subscriber's
service agreement.
(b) For purposes of this section, a CMS provider that elects not to
transmit WEA Alert Messages, in part or in whole, shall use the
notification language set forth in Sec. 10.240 (c) or (d)
respectively, except that the last line of the notice shall reference
FCC Rule 47 CFR 10.250, rather than FCC Rule 47 CFR 10.240.
* * * * *
0
12. Section 10.260 is revised to read as follows:
Sec. 10.260 Timing of subscriber notification.
A CMS provider that elects not to transmit WEA Alert Messages, in
part or in whole, must comply with Sec. Sec. 10.240 and 10.250 no
later than 60 days following an announcement by the Commission that the
Alert Aggregator/Gateway system is operational and capable of
delivering emergency alerts to participating CMS providers.
0
13. Section 10.270 is revised to read as follows:
[[Page 16808]]
Sec. 10.270 Subscribers' right to terminate subscription.
If a CMS provider that has elected to provide WEA Alert Messages in
whole or in part thereafter chooses to cease providing such alerts,
either in whole or in part, its subscribers may terminate their
subscription without penalty or early termination fee.
0
14. Section 10.280 is amended by revising the section heading to read
as follows:
Sec. 10.280 Subscribers' right to opt out of WEA notifications.
* * * * *
0
15. Section 10.320 is amended by revising paragraphs (c) and (f)(1) to
read as follows:
Sec. 10.320 Provider alert gateway requirements.
* * * * *
(c) Security. The CMS provider gateway must support standardized
IP-based security mechanisms such as a firewall, and support the
defined WEA ``C'' interface and associated protocols between the
Federal alert gateway and the CMS provider gateway.
* * * * *
(f) * * *
(1) The information must be provided 30 days in advance of the date
when the CMS provider begins to transmit WEA alerts.
* * * * *
0
16. Section 10.340 is revised to read as follows:
Sec. 10.340 Digital television transmission towers retransmission
capability.
Licensees and permittees of noncommercial educational broadcast
television stations (NCE) or public broadcast television stations (to
the extent such stations fall within the scope of those terms as
defined in section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6))) are required to install on, or as part of, any broadcast
television digital signal transmitter, equipment to enable the
distribution of geographically targeted alerts by commercial mobile
service providers that have elected to transmit WEA alerts. Such
equipment and technologies must have the capability of allowing
licensees and permittees of NCE and public broadcast television
stations to receive WEA alerts from the Alert Gateway over an
alternate, secure interface and then to transmit such WEA alerts to CMS
Provider Gateways of participating CMS providers. This equipment must
be installed no later than eighteen months from the date of receipt of
funding permitted under section 606(b) of the WARN Act or 18 months
from the effective date of these rules, whichever is later.
0
17. Section 10.350 is amended by revising the section heading,
introductory text, and paragraphs (a) introductory text, (a)(2), (a)(4)
and (a)(5) to read as follows:
Sec. 10.350 WEA Testing requirements.
This section specifies the testing that will be required, no later
than the date of deployment of the WEA, of WEA components.
(a) Required monthly tests. Testing of the WEA from the Federal
Alert Gateway to each Participating CMS Provider's infrastructure shall
be conducted monthly.
* * * * *
(2) Participating CMS Providers shall schedule the distribution of
the RMT to their WEA coverage area over a 24 hour period commencing
upon receipt of the RMT at the CMS Provider Gateway. Participating CMS
Providers shall determine the method to distribute the RMTs, and may
schedule over the 24 hour period the delivery of RMTs over geographic
subsets of their coverage area to manage traffic loads and to
accommodate maintenance windows.
* * * * *
(4) The RMT shall be initiated only by the Federal Alert Gateway
Administrator using a defined test message. Real event codes or alert
messages shall not be used for the WEA RMT message.
(5) A Participating CMS Provider shall distribute an RMT within its
WEA coverage area within 24 hours of receipt by the CMS Provider
Gateway unless pre-empted by actual alert traffic or unable due to an
unforeseen condition.
* * * * *
0
18. Section 10.420 is revised to read as follows:
Sec. 10.420 Message elements.
A WEA Alert Message processed by a Participating CMS Provider shall
include five mandatory CAP elements--Event Type; Area Affected;
Recommended Action; Expiration Time (with time zone); and Sending
Agency. This requirement does not apply to Presidential Alerts.
0
19. Section 10.430 is revised to read as follows:
Sec. 10.430 Character limit.
A WEA Alert Message processed by a Participating CMS Provider must
not exceed 90 characters of alphanumeric text.
0
20. Section 10.440 is revised to read as follows:
Sec. 10.440 Embedded reference prohibition.
A WEA Alert Message processed by a Participating CMS Provider must
not include an embedded Uniform Resource Locator (URL), which is a
reference (an address) to a resource on the Internet, or an embedded
telephone number. This prohibition does not apply to Presidential
Alerts.
0
21. Section 10.470 is revised to read as follows:
Sec. 10.470 Roaming.
When, pursuant to a roaming agreement (see Sec. 20.12 of this
chapter), a subscriber receives services from a roamed-upon network of
a Participating CMS Provider, the Participating CMS Provider must
support WEA alerts to the roaming subscriber to the extent the
subscriber's mobile device is configured for and technically capable of
receiving WEA alerts.
0
22. Section 10.500 is amended by revising the introductory text to read
as follows:
Sec. 10.500 General requirements.
WEA mobile device functionality is dependent on the capabilities of
a Participating CMS Provider's delivery technologies. Mobile devices
are required to perform the following functions:
* * * * *
[FR Doc. 2013-06296 Filed 3-18-13; 8:45 am]
BILLING CODE 6712-01-P