Emergency Alert System, Wireless Emergency Alerts; National Defense Authorization Act for Fiscal Year 2021, Delivering Alerts Via the Internet, Including Through Streaming Services, 16565-16574 [2021-06269]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Proposed Rules]
[Pages 16565-16574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06269]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 10 and 11

[PS Docket Nos. 15-94 and 15-91; FCC 21-36; FRS 17864]


Emergency Alert System, Wireless Emergency Alerts; National 
Defense Authorization Act for Fiscal Year 2021, Delivering Alerts Via 
the Internet, Including Through Streaming Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule and inquiry.

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SUMMARY: In this document, the Commission, takes actions implementing 
section 9201 of the National Defense Authorization Act for Fiscal Year 
2021, exploring opportunities to improve the way the public receives 
emergency alerts from the nation's Emergency Alert System (EAS) and 
Wireless Emergency Alerts System (WEA) on their mobile phones, 
televisions, and radios. We propose rules to ensure that more people 
receive relevant emergency alerts, to enable EAS and WEA participants 
to report false alerts when they occur, and to improve the way states 
plan for emergency alerts. In addition, we initiate an inquiry to 
examine the feasibility of updating the EAS to enable or improve alerts 
to consumers provided through the internet, including through streaming 
services, and from radio and television stations, cable systems, 
satellite radio and television providers, and wireline video providers 
that currently participate in EAS. As directed by Congress, after the 
conclusion of this inquiry the Commission will submit a report on its 
findings and conclusions to specified Committees of the U.S. Senate and 
House of Representatives.

DATES: Comments on the Notice of Proposed Rulemaking are due on or 
before April 20, 2021, and reply comments are due on or before May 4, 
2021. Comments on the Notice of Inquiry are due on or before May 14, 
2021, and reply comments are due on or before June 14, 2021.

ADDRESSES: You may submit comments, identified by PS Docket Nos. 15-94 
and 15-91, by any of the following methods:
     Federal Communications Commission's website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by commercial overnight courier, 
or by first-class or overnight U.S. Postal Service mail. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal 
Service first-class, Express, and Priority mail must be addressed to 45 
L Street NE, Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Regarding the notice of proposed 
rulemaking, Christopher Fedeli, Attorney Advisor, Public Safety and 
Homeland Security Bureau at 202-418-1514 or [email protected]; 
regarding the notice of inquiry, James Wiley, Attorney-Advisor, Public 
Safety and Homeland Security Bureau, Cybersecurity and Communications 
Reliability Division at (202) 418-1678 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking and Notice of Inquiry, FCC 21-36, in PS Docket 
Nos. 15-94 and 15-91, adopted on March 17, 2021 and released on March 
19, 2021. The full text of this document is available at https://docs.fcc.gov/public/attachments/FCC-21-36A1.pdf.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.

[[Page 16566]]

    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 45 L Street NE, Washington, DC 
20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
    The proceeding this Notice initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Synopsis

    In this document, the Federal Communications Commission (the FCC or 
Commission), takes actions implementing section 9201 of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 
2021, Public Law 116-283, 134 Stat. 3388, Sec.  9201 (NDAA21), 
exploring opportunities to improve the way the public receives 
emergency alerts on their mobile phones, televisions, and radios. The 
nation's Emergency Alert System (EAS) and Wireless Emergency Alerts 
System (WEA) ensure that the public is quickly informed about emergency 
alerts issued by federal, state, local, Tribal, and territorial 
governments and delivered over the radio, television, and mobile 
wireless devices.
    Consistent with congressional directive, the Commission proposes 
rules to ensure that more people receive relevant emergency alerts, to 
enable EAS and WEA participants to report false alerts when they occur, 
and to improve the way states plan for emergency alerts. In this notice 
of proposed rulemaking, the Commission proposes to implement sections 
9201(a)-(d) of the NDAA21 by adopting rules to ensure that mobile 
devices cannot opt-out of receiving WEA alerts from the Administrator 
of the Federal Emergency Management Agency (FEMA). The Commission also 
proposes rules to encourage chief executives of states and territories 
to form State Emergency Communications Committees (SECC) if none exist 
in their states and to adopt additional requirements concerning their 
SECC's administration of State EAS Plans. For jurisdictions that 
already have a SECC, the Commission encourages chief executives to 
review its composition and governance. The Commission proposes to 
enable the Administrator of FEMA and state, local, Tribal, and 
territorial governments to report false EAS and WEA alerts when they 
occur. Also, the Commission proposes rules to permit repeating EAS 
alerts issued by the President, the Administrator of FEMA, and any 
other entity determined appropriate under the circumstances by the 
Commission. The rules the Commission proposes are intended to 
facilitate the further development of a robust and redundant system for 
distributing vital alert information to all Americans.
    In addition, the Commission initiates an inquiry to implement 
section 9201(e) of the NDAA21. Section 9201(e) directs that the 
Commission ``[n]ot later than 180 days after the date of enactment of 
[the] Act, and after providing public notice and opportunity for 
comment. . .complete an inquiry to examine the feasibility of updating 
the Emergency Alert System to enable or improve alerts to consumers 
provided through the internet, including through streaming services.'' 
In this notice of inquiry, the Commission seeks comment on the 
definition of ``streaming services'' and whether it would be 
technically feasible for streaming services to complete each step that 
EAS Participants complete under the Commission's rules in ensuring the 
end-to-end transmission of EAS alerts, including monitoring for 
relevant EAS alerts, receiving and processing EAS alerts, 
retransmitting EAS alerts, presenting EAS alerts in an accessible 
manner to relevant consumers, and testing. The Commission also seeks 
comment on related matters including whether and how to leverage the 
capabilities of the internet and end-user devices to enhance the 
alerting capabilities of the radio and television stations, cable 
systems, satellite radio and television providers, and wireline video 
providers that currently participate in EAS, as well as which 
additional internet-based services, if any, should be examined. As 
directed by Congress, after the conclusion of this inquiry, the 
Commission will submit a report on its findings and conclusions to the 
Committee on Commerce, Science, and Transportation of the United States 
Senate and the Committee on Energy and Commerce of the United States 
House of Representatives.

Paperwork Reduction Act

    This notice of proposed rulemaking may contain new or modified 
information collection(s) subject to the Paperwork Reduction Act of 
1995 (PRA). If the Commission adopts any new or modified information 
collection

[[Page 16567]]

requirements, they will be 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 will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in the notice of proposed rulemaking (Notice). Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the Notice.

A. Need for, and Objectives of, the Proposed Rules

    In the Notice, the Commission proposes amending the rules governing 
Wireless Emergency Alerts (WEA) and the Emergency Alert System (EAS) in 
response to the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021. Specifically, the Commission 
seeks comment on proposed rules that would (i) replace WEA's existing 
Presidential Alert class with a National Alert class that would ensure 
that WEA-enabled mobile devices could not opt-out of receiving WEA 
alerts issued by the President (or the President's authorized designee) 
or by the Administrator of the Federal Emergency Management Agency 
(FEMA); (ii) require participating CMS providers that use WEA header 
displays that read ``Presidential Alert'' to change those alert headers 
to read ``National Alert;'' (iii) encourage chief executives of states 
to form State Emergency Communications Committees (SECC) if none exist 
in their states, or if they do, to review their composition and 
governance; (iv) incorporate certain processing actions concerning 
SECCs' and the FCC's administration of State EAS Plans; (v) enable 
false EAS and WEA alert reporting by the Administrator of FEMA as well 
as State, local, Tribal, and territorial governments; and (vi) provide 
for repeating EAS alerts issued by the President, the Administrator of 
FEMA and any other entity determined appropriate under the 
circumstances by the Commission, in consultation with the Administrator 
of FEMA. To the extent this proposed and contemplated action may result 
in greater participation by state, local, Tribal, and territorial 
governments in the administration of State EAS Plans, enhanced 
administration of EAS alerting, hasten corrective action of any false 
alerts issued, and better enable alert originators to repeat alerts, 
they would benefit the public by strengthening national, state, local, 
Tribal, and territorial alerting activities, minimizing confusion and 
disruption caused by false alerts, and increase the chances for the 
public to receive critical alert messages.

B. Legal Basis

    The proposed action is authorized pursuant to the National Defense 
Authorization Act for Fiscal Year 2021, Public Law 116-283, 134 Stat. 
3388 (2021), sec. Sec.  9201.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    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 proposed rules, if adopted. 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 SBA.
    Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA's Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States which translates to 30.7 
million businesses.
    Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or 
less to delineate its annual electronic filing requirements for small 
exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment of less than 50,000. Accordingly, based on 
the 2017 U.S. Census of Governments data, we estimate that at least 
48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    Radio Stations. This Economic Census category comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources.'' The SBA has 
established a small business size standard for this category as firms 
having $41.5 million or less in annual receipts. Economic Census data 
for 2012 show that 2,849 radio station firms operated during that year. 
Of that number, 2,806 firms operated with annual receipts of less than 
$25 million per year, 17 with annual receipts between $25 million and 
$49,999,999 million and 26 with annual receipts of $50 million or more. 
Therefore, based on the SBA's size standard the majority of such 
entities are small entities.
    In addition to the U.S. Census Bureau's data, based on Commission 
data we estimate that there are 4,560 licensed AM radio stations, 6,704 
commercial FM radio stations and 8,339 FM translator and booster 
stations. The Commission has also determined that

[[Page 16568]]

there are 4,196 noncommercial educational (NCE) FM radio stations. The 
Commission however does not compile and does not otherwise have access 
to information on the revenue of NCE stations that would permit it to 
determine how many such stations would qualify as small entities under 
the SBA size standard.
    We also note, that in assessing whether a business entity qualifies 
as small under the above definition, business control affiliations must 
be included. The Commission's estimate therefore likely overstates the 
number of small entities that might be affected by its action, because 
the revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies. In addition, to be determined a 
``small business,'' an entity may not be dominant in its field of 
operation. We further note, that it is difficult at times to assess 
these criteria in the context of media entities, and the estimate of 
small businesses to which these rules may apply does not exclude any 
radio station from the definition of a small business on these bases, 
thus our estimate of small businesses may therefore be over-inclusive. 
Also, as noted above, an additional element of the definition of 
``small business'' is that the entity must be independently owned and 
operated. The Commission notes that it is difficult at times to assess 
these criteria in the context of media entities and the estimates of 
small businesses to which they apply may be over-inclusive to this 
extent.
    FM Translator Stations and Low-Power FM Stations. FM translators 
and Low Power FM Stations are classified in the category of Radio 
Stations and are assigned the same NAICS Code as licensees of radio 
stations. This U.S. industry, Radio Stations, comprises establishments 
primarily engaged in broadcasting aural programs by radio to the 
public. Programming may originate in their own studio, from an 
affiliated network, or from external sources. The SBA has established a 
small business size standard which consists of all radio stations whose 
annual receipts are $38.5 million dollars or less. U.S. Census Bureau 
data for 2012 indicate that 2,849 radio station firms operated during 
that year. Of that number, 2,806 operated with annual receipts of less 
than $25 million per year, 17 with annual receipts between $25 million 
and $49,999,999 million and 26 with annual receipts of $50 million or 
more. Therefore, based on the SBA's size standard we conclude that the 
majority of FM Translator Stations and Low Power FM Stations are small.
    We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations must be included. Because we do not include or 
aggregate revenues from affiliated companies in determining whether an 
entity meets the applicable revenue threshold, our estimate of the 
number of small radio broadcast stations affected is likely overstated. 
In addition, as noted above, one element of the definition of ``small 
business'' is that an entity would not be dominant in its field of 
operation. We are unable at this time to define or quantify the 
criteria that would establish whether a specific radio broadcast 
station is dominant in its field of operation. Accordingly, our 
estimate of small radio stations potentially affected by the rule 
revisions discussed in the Notice includes those that could be dominant 
in their field of operation. For this reason, such estimate likely is 
over-inclusive.
    Television Broadcasting. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting images together with 
sound.'' These establishments operate television broadcast studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in turn 
broadcast the programs to the public on a predetermined schedule. 
Programming may originate in their own studio, from an affiliated 
network, or from external sources. The SBA has created the following 
small business size standard for such businesses: Those having $41.5 
million or less in annual receipts. The 2012 Economic Census reports 
that 751 firms in this category operated in that year. Of that number, 
656 had annual receipts of $25,000,000 or less, and 25 had annual 
receipts between $25,000,000 and $49,999,999. Based on this data we 
therefore estimate that the majority of commercial television 
broadcasters are small entities under the applicable SBA size standard.
    The Commission has estimated the number of licensed commercial 
television stations to be 1,368. According to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on 
November 16, 2017, 1,258 stations (or about 91 percent) had revenues of 
$38.5 million or less, and therefore these licensees qualified as small 
entities under the SBA definition. In addition, the Commission has 
estimated the number of licensed noncommercial educational television 
stations to be 390. Notwithstanding, the Commission does not compile 
and otherwise does not have access to information on the revenue of NCE 
stations that would permit it to determine how many such stations would 
qualify as small entities. There are also 2,246 low power television 
stations, including Class A stations (LPTV), and 3,543 TV translator 
stations. Given the nature of these services, we will presume that all 
of these entities qualify as small entities under the above SBA small 
business size standard.
    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. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific television broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which rules may apply does not exclude any television station from the 
definition of a small business on this basis and is therefore possibly 
over-inclusive. Also, as noted above, an additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and its estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    Cable and Other Subscription Programming. The U.S. Census Bureau 
defines this industry as establishments primarily engaged in operating 
studios and facilities for the broadcasting of programs on a 
subscription or fee basis. The broadcast programming is typically 
narrowcast in nature (e.g., limited format, such as news, sports, 
education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. 
The programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA size standard for this industry establishes as small, 
any company in this category which receives annual receipts of $41.5 
million or less. According to 2012 U.S. Census Bureau data, 367 firms 
operated for the entire

[[Page 16569]]

year. Of that number, 319 operated with annual receipts of less than 
$25 million a year and 48 firms operated with annual receipts of $25 
million or more. Based on this data, the Commission estimates that the 
majority of firms operating in this industry are small.
    Cable System Operators (Rate Regulation Standard). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are 4,600 active cable systems in the 
United States. Of this total, all but five cable operators nationwide 
are small under the 400,000-subscriber size standard. In addition, 
under the Commission's rate regulation rules, a ``small system'' is a 
cable system serving 15,000 or fewer subscribers. Commission records 
show 4,600 cable systems nationwide. Of this total, 3,900 cable systems 
have fewer than 15,000 subscribers, and 700 systems have 15,000 or more 
subscribers, based on the same records. Thus, under this standard as 
well, we estimate that most cable systems are small entities.
    Cable System Operators (Telecom Act Standard). The Communications 
Act of 1934, as amended, 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 one 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.'' As of 2019, there were approximately 48,646,056 basic 
cable video subscribers in the United States. Accordingly, an operator 
serving fewer than 524,037 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, we find that all but nine incumbent cable operators 
are small entities under this size standard. We note that the 
Commission neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million. Although it seems certain that some of 
these cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million, we are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there was a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
we estimate that the majority of satellite telecommunications providers 
are small entities.
    All Other Telecommunications. The ``All Other Telecommunications'' 
category is comprised of establishments that are primarily engaged in 
providing specialized telecommunications services, such as satellite 
tracking, communications telemetry, and radar station operation. This 
industry also includes establishments primarily engaged in providing 
satellite terminal stations and associated facilities connected with 
one or more terrestrial systems and capable of transmitting 
telecommunications to, and receiving telecommunications from, satellite 
systems. Establishments providing internet services or voice over 
internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census data for 2012 show that there were 1,442 firms that operated for 
the entire year. Of these firms, a total of 1,400 had gross annual 
receipts of less than $25 million. Thus, the Commission estimates that 
the majority of ``All Other Telecommunications'' firms potentially 
affected by our action can be considered small.
    Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems, and ``wireless cable,'' transmit video 
programming to subscribers and provide two-way high speed data 
operations using the microwave frequencies of the Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (previously 
referred to as the Instructional Television Fixed Service (ITFS)).
    BRS--In connection with the 1996 BRS auction, the Commission 
established a small business size standard as an entity that had annual 
average gross revenues of no more than $40 million in the previous 
three calendar years. The BRS auctions resulted in 67 successful 
bidders obtaining licensing opportunities for 493 Basic Trading Areas 
(BTAs). Of the 67 auction winners, 61 met the definition of a small 
business. BRS also includes licensees of stations authorized prior to 
the auction. At this time, we estimate that of the 61 small business 
BRS auction winners, 48 remain small business licensees. In addition to 
the 48 small businesses that hold BTA authorizations, there are 
approximately 86 incumbent BRS licensees that are considered small 
entities (18 incumbent BRS licensees do not meet the small business 
size standard). After adding the number of small business auction 
licensees to the number of incumbent licensees not already counted, 
there are currently approximately 133 BRS licensees that are defined as 
small businesses under either the SBA or the Commission's rules.
    In 2009, the Commission conducted Auction 86, the sale of 78 
licenses in the BRS areas. The Commission offered three levels of 
bidding credits: (i) A bidder with attributed average annual gross 
revenues that exceed $15 million and do not exceed $40 million for the 
preceding three years (small business) received a 15 percent discount 
on its winning bid; (ii) a bidder with attributed average annual gross 
revenues that exceed $3 million and do not exceed $15 million for the 
preceding three years (very small business) received a 25 percent 
discount on its winning bid; and (iii) a bidder with attributed average 
annual gross revenues that do not exceed $3 million for the preceding 
three years (entrepreneur) received a 35 percent discount on its 
winning bid. Auction 86 concluded in 2009 with the sale of 61 licenses. 
Of the ten winning bidders, two bidders that claimed small business 
status won 4 licenses; one bidder that claimed very small business 
status won three licenses; and two bidders that claimed entrepreneur 
status won six licenses.
    EBS--Educational Broadband Service has been included within the 
broad economic census category and SBA size standard for Wired 
Telecommunications Carriers since 2007. Wired

[[Page 16570]]

Telecommunications Carriers are comprised of 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.'' The SBA's small business size 
standard for this category is all such firms having 1,500 or fewer 
employees. U.S. Census Bureau data for 2012 show that there were 3,117 
firms that operated that year. Of this total, 3,083 operated with fewer 
than 1,000 employees. Thus, under this size standard, the majority of 
firms in this industry can be considered small. In addition to Census 
data, the Commission's Universal Licensing System indicates that as of 
October 2014, there are 2,206 active EBS licenses. The Commission 
estimates that of these 2,206 licenses, the majority are held by non-
profit educational institutions and school districts, which are by 
statute defined as small businesses.
    Direct Broadcast Satellite (``DBS'') Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. DBS is included in the category of 
``Wired Telecommunications Carriers.'' The Wired Telecommunications 
Carriers 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 combination of technologies. Establishments in this industry use the 
wired telecommunications network facilities 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 size standard considers a wireline business is 
small if it has fewer than 1,500 employees. U.S. Census Bureau data for 
2012 indicates that 3,117 wireline companies were operational during 
that year. Of that number, 3,083 operated with fewer than 1,000 
employees. Based on that data, we conclude that the majority of 
wireline firms are small under the applicable SBA standard. Currently, 
however, only two entities provide DBS service, which requires a great 
deal of capital for operation: DIRECTV (owned by AT&T) and DISH 
Network. DIRECTV and DISH Network each report annual revenues that are 
in excess of the threshold for a small business. Accordingly, we must 
conclude that internally developed FCC data are persuasive that, in 
general, DBS service is provided only by large firms.
    Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees, and 12 firms had employment of 1,000 
employees or more. Thus under this category and the associated size 
standard, the Commission estimates that the majority of wireless 
telecommunications carriers (except satellite) are small entities.
    AWS Services (1710-1755 MHz and 2110-2155 MHz bands (AWS-1); 1915-
1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands (AWS-2); 
2155-2175 MHz band (AWS-3)). For the AWS-1 bands, the Commission has 
defined a ``small business'' as an entity with average annual gross 
revenues for the preceding three years not exceeding $40 million, and a 
``very small business'' as an entity with average annual gross revenues 
for the preceding three years not exceeding $15 million. For AWS-2 and 
AWS-3, although we do not know for certain which entities are likely to 
apply for these frequencies, we note that the AWS-1 bands are 
comparable to those used for cellular service and personal 
communications service. The Commission has not yet adopted size 
standards for the AWS-2 or AWS-3 bands but proposes to treat both AWS-2 
and AWS-3 similarly to broadband PCS service and AWS-1 service due to 
the comparable capital requirements and other factors, such as issues 
involved in relocating incumbents and developing markets, technologies, 
and services.
    Narrowband Personal Communications Services. Two auctions of 
narrowband personal communications services (PCS) licenses have been 
conducted. To ensure meaningful participation of small business 
entities in future auctions, the Commission has adopted a two-tiered 
small business size standard in the Narrowband PCS Second Report and 
Order. Through these auctions, the Commission has awarded a total of 41 
licenses, out of which 11 were obtained by small businesses. A ``small 
business'' is an entity that, together with affiliates and controlling 
interests, has average gross revenues for the three preceding years of 
not more than $40 million. A ``very small business'' is an entity that, 
together with affiliates and controlling interests, has average gross 
revenues for the three preceding years of not more than $15 million. 
The SBA has approved these small business size standards.
    Broadband Personal Communications Service. The broadband personal 
communications service (PCS) spectrum is divided into six frequency 
blocks designated A through F, and the Commission has held auctions for 
each block. The Commission initially defined a ``small business'' for 
C- and F-Block licenses as an entity that has average gross revenues of 
$40 million or less in the three previous calendar years. For F-Block 
licenses, an additional small business size standard for ``very small 
business'' was added and is defined as an entity that, together with 
its affiliates, has average gross revenues of not more than $15 million 
for the preceding three calendar years. These standards defining 
``small entity,'' in the context of broadband PCS auctions, have been 
approved by the SBA. No small businesses within the SBA-approved small 
business size standards bid successfully for licenses in Blocks A and 
B. There were 90 winning bidders that claimed small business status in 
the first two C-Block auctions. A total of 93 bidders that claimed 
small business status won approximately 40 percent of the 1,479 
licenses in the first auction for the D-, E-, and F-Blocks. On April 
15, 1999, the Commission completed the reauction of 347 C-, D-, E-, and 
F-Block licenses in Auction No. 22. Of the 57 winning bidders in that 
auction, 48 claimed small business status and won 277 licenses.
    On January 26, 2001, the Commission completed the auction of 422 C- 
and F-Block Broadband PCS licenses in Auction No. 35. Of the 35 winning 
bidders in that auction, 29 claimed

[[Page 16571]]

small business status. Subsequent events concerning Auction No. 35, 
including judicial and agency determinations, resulted in a total of 
163 C- and F-Block licenses being available for grant. On February 15, 
2005, the Commission completed an auction of 242 C-, D-, E-, and F-
Block licenses in Auction No. 58. Of the 24 winning bidders in that 
auction, 16 claimed small business status and won 156 licenses. On May 
21, 2007, the Commission completed an auction of 33 licenses in the A-, 
C-, and F-Blocks in Auction No. 71. Of the 12 winning bidders in that 
auction, five claimed small business status and won 18 licenses. On 
August 20, 2008, the Commission completed the auction of 20 C-, D-, E-, 
and F-Block Broadband PCS licenses in Auction No. 78. Of the eight 
winning bidders for Broadband PCS licenses in that auction, six claimed 
small business status and won 14 licenses.
    Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these small business size standards. In the Commission's auction for 
geographic area licenses in the WCS there were seven winning bidders 
that qualified as ``very small business'' entities, and one that 
qualified as a ``small business'' entity.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA has established a small business size 
standard for this industry of 1,250 employees or less. U.S. Census 
Bureau data for 2012 shows that 841 establishments operated in this 
industry in that year. Of that number, 828 establishments operated with 
fewer than 1,000 employees, 7 establishments operated with between 
1,000 and 2,499 employees, and 6 establishments operated with 2,500 or 
more employees. Based on this data, we conclude that a majority of 
manufacturers in this industry are small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The action proposed in the Notice, if adopted, will impose 
additional reporting, recordkeeping and/or other compliance obligations 
on certain small, as well as other, entities that process WEA alerts 
and manufacture mobile devices that receive such alerts, and could 
impose additional reporting, recordkeeping and/or other compliance 
obligations on small, as well as other, entities that, administer State 
EAS Plans, process and transmit EAS alerts, and manufacture equipment 
designed to process EAS alerts.
    More specifically, the Notice seeks comment on adding a national 
alert category of FEMA Administrator national alerts to WEA that WEA-
enabled mobile devices could not opt-out of receiving, which, as 
proposed will require modifications to Commercial Mobile Service (CMS) 
providers' network and/or mobile device equipment. Our proposal would 
accomplish this required change by combining the existing Presidential 
Alert class of WEA alerts with the new FEMA Administrator class of 
alerts into a single new category of ``National Alerts.'' As proposed, 
our action would require certain CMS providers to update device WEA 
alert header displays and settings menus related to their network 
infrastructure, including mobile devices. We propose an implementation 
timeline of approximately one year for CMS providers to make these 
changes to device displays.
    The Notice also seeks comment on requiring that each SECC, not less 
frequently than annually, shall meet to review and update its State EAS 
Plan, and certify as much in the updated plan it submits annually to 
the Commission. In response to NDAA21's requirement for the Commission 
to adopt regulations requiring SECCs to meet annually to review and 
update their State EAS Plan, and to certify that such meeting was 
completed, we propose to amend Sec.  11.21 of our rules to include as a 
required element in the State EAS Plan, a certification by the SECC 
Chairperson or Vice-Chairperson that the SECC meet (in person, via 
teleconference, or via other methods of conducting virtual meetings) at 
least once in the twelve months prior to submitting the annual updated 
plan to review and update their State EAS Plan. We further propose that 
such certification, if adopted, would be incorporated into the ARS. 
Section 11.21 already includes a requirement that State EAS Plans be 
updated annually, and the ARS requires annual updating as well, 
however, we propose to add some clarifying language to Sec.  11.21 to 
more closely reflect the legislation's requirements on this point. To 
the extent any SECC is not meeting annually, such meeting requirement 
may require greater coordination efforts on the part of such SECC. The 
Notice also seeks comment on the creation of a proposed State EAS Plan 
content checklist for SECCs to use when reviewing and updating a State 
EAS Plan for submission to the Commission that identifies the 
information requested to ensure more complete State EAS Plan reporting. 
Section 11.21 already includes a listing of information required in the 
State EAS Plan, and the Alert Reporting System (ARS) data entry menus 
mirror these informational requirements (and will not allow a State EAS 
Plan to be submitted unless all required fields are completed). In the 
Notice, we inquire whether there is other information that should be 
included as part of the checklist for reporting.
    In addition, the Notice seeks comment on modifying the EAS rules to 
provide for repeating EAS alerts issued by the President, the 
Administrator of FEMA and any other entity determined appropriate under 
the circumstances by the Commission. To the extent the modifications 
adopted involve adding a new alert originator and/or event code, or 
other changes to the EAS Protocol or alert processing by the EAS 
device, such change(s) likely would entail modifying the existing 
deployed base of EAS devices via software updates, which would entail 
some installation-related costs.
    The NDAA21 also requires the Commission to establish a voluntary 
reporting system to receive from the FEMA Administrator or State, 
local, Tribal, or territorial governments reports of false alerts under 
the Emergency Alert System or the Wireless Emergency Alerts System for 
the purpose of recording such false alerts and examining the causes of 
such false alerts. To address this requirement, we propose to revise 
our rules to specify that, if the Administrator of FEMA or a State, 
local, Tribal, or territorial government entity becomes aware of 
transmission of an EAS or WEA false alert to the public, they may send 
an email to the Commission to inform the Commission of the false alert 
event and of any details that they may have concerning the event. In 
addition, we propose a minor revision to the existing

[[Page 16572]]

rule requiring false alert reports from EAS industry participants to 
clarify the required nature of those reports compared to the voluntary 
reporting system for the Administrator of FEMA or a State, local, 
Tribal, or territorial government entity.
    To help the Commission more fully evaluate the cost of compliance 
should our proposals be adopted, in the Notice we request comments on 
the cost implications of our proposals and ask whether there are more 
efficient and less burdensome alternatives for the Commission to 
address our obligations under the NDAA21. Although the Commission 
cannot fully quantify the cost of compliance for all small entities 
impacted by the rules proposed in the Notice, we believe our proposed 
modifications to the WEA and EAS rules are the most efficient and least 
burdensome approach to codifying the requirements of the NDAA21. We 
expect the information we receive in comments including cost and 
benefit analyses, to help the Commission identify and evaluate relevant 
matters for small entities, including compliance costs and other 
burdens that may result from the proposals and inquiries we make in the 
Notice.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business alternatives that it has considered in 
reaching its proposed 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 or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) and exemption 
from coverage of the rule, or any part thereof, for small entities.''
    The proposed action in the Notice are designed to be minimally 
burdensome to all affected entities, including small entities. While 
the Commission does not expect the proposals to have a significant 
economic impact on small entities, below we discuss actions that should 
minimize any significant impact on small entities and some alternatives 
we considered.
    The Commission believes that its proposal to replace WEA's existing 
Presidential Alert class with a National Alert class is the appropriate 
approach because it would require few, if any, technical changes to be 
made to participating CMS provider networks or the mobile devices of 
their subscribers and impose fewer costs than available alternatives. 
This proposal allows all participating CMS providers' wireless systems 
currently receiving mandatory Presidential Alerts, to receive 
``National Alerts'' the same way--distributed automatically as a non-
optional alert to the same class of wireless customers that they 
currently receive Presidential Alerts. This can be effectuated by using 
the existing WEA handling code for Presidential Alerts along with the 
name change to ``National Alerts,'' which minimizes costs for 
participating CMS providers. With respect to our proposal to require 
participating CMS providers that use WEA header displays that read 
``Presidential Alert'' to change those alert headers to read ``National 
Alert,'' the Commission's approach grants participating CMS providers 
flexibility in the approach they use to ensure compliance. 
Specifically, this proposed requirement could be satisfied by any 
approach that ensures that ``Presidential Alert'' is not displayed on a 
user's mobile device, whether by changing the displayed header or not 
displaying the header at all. The Commission further proposes to reduce 
the burden on participating CMS providers by exempting from the 
requirement any network infrastructure that is technically incapable of 
meeting this requirement, such as situations in which legacy devices or 
networks cannot be updated to support this functionality. In our 
efforts to minimize costs and explore other alternatives, we have 
requested comments on each of these WEA proposals as well as on costs 
implications and cost estimates for these proposals as well as any 
alternatives.
    The proposals to require each SECC to meet not less frequently than 
annually to review and update its State EAS Plan and certify as much in 
the updated plan it submits annually to the Commission, should not 
impose burdens on SECCs. The proposal allows SECCs to meet virtually, 
thus to the extent any SECC is not already meeting regularly, the 
annual meeting requirement would only entail greater coordination 
efforts on the part of such SECC to arrange a mutually agreeable time 
and meeting platform. While we recognize that the requirement to 
certify that the SECC has meet by phone, IP-based meeting application, 
or in person at least once annually, may impose some costs for SECC 
members, it is likely that many if not most SECCs are already are 
meeting in some form on a regular basis, and therefore the proposed 
annual meeting certification likely will certify an activity already 
being undertaken and documented.
    In adopting a voluntary reporting process for FEMA or a State, 
local, Tribal, or territorial government entity to report false EAS or 
WEA transmissions to the Commission, we believe that our proposal, 
which provides a reporting system for receipt of false alerts via email 
directed to the Commission's Operations Center, is the most efficient, 
least costly, and least onerous method to implement this system. We 
have also structured this voluntary reporting system to be similar in 
format to the existing reporting requirement the Commission adopted in 
the Alerting Reliability Order and FNPRM, requiring EAS industry 
participants to report false EAS alerts to the Commission via email 
sent to the FCC Operations Center, avoiding the need for duplicative 
structures.
    The primary rule modification proposed to provide for repeating EAS 
alerts issued by the President, the Administrator of FEMA and any other 
entity determined appropriate under the circumstances by the Commission 
would not add any burdens to any entity. To the extent the 
modifications adopted involve adding a new alert originator and/or 
event code, or other changes to the EAS Protocol or alert processing by 
the EAS device, such change(s) likely would entail modifying the 
existing deployed base of EAS devices via software updates, which would 
entail some minimal installation-related costs.
    Throughout the Notice, the Commission has requested comment on the 
relative costs and benefits of these various proposed alternatives to 
ensure it has input from small entities and others to minimize the 
economic impacts of whatever action it might take. Nevertheless, in 
addition to the steps taken by the Commission discussed herein, 
commenters have been invited to propose steps that the Commission may 
take to further minimize any economic impact on small entities. 
Commenters have also been invited to propose alternatives that 
facilitate the Commission's obligations to implement the NDAA21 
provisions.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    Accordingly, it is ordered, pursuant to the NDAA21, Public Law 116-
283, 134 Stat. 3388, sec. 9201, that this notice of

[[Page 16573]]

proposed rulemaking and notice of inquiry in PS Docket Nos. 15-94 and 
15-91 is hereby adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this notice of proposed rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects

47 CFR Part 10

    Communications common carriers, Radio.

47 CFR Part 11

    Radio, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons stated in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR parts 10 and 11 as follows:

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. Amend Sec.  10.11 by redesignating the paragraph as paragraph (a) 
and by adding paragraph (b) to read as follows:


Sec.  10.11  WEA implementation timeline.

* * * * *
    (b) If a Participating CMS Provider's network infrastructure would 
generate and display WEA headers with the text ``Presidential Alert'' 
to subscribers upon receipt of a National Alert, or include the text 
``Presidential Alert'' in a mobile device's settings menus, then by 
July 31, 2022, that Participating CMS Provider's network infrastructure 
shall either generate and display WEA headers and menus with the text 
``National Alert,'' or no longer display those headers and menu text to 
the subscriber. Network infrastructure that is technically incapable of 
meeting this requirement, such as situations in which legacy devices or 
networks cannot be updated to support header display changes, are 
exempt from this requirement.
0
3. Amend Sec.  10.320 by revising paragraph (e)(3) to read as follows:


Sec.  10.320  Provider alert gateway requirements.

* * * * *
    (e) * * *
    (3) Prioritization. The CMS provider gateway must process an Alert 
Message on a first in-first out basis except for National Alerts, which 
must be processed before all non-National Alerts.
* * * * *
0
4. Amend Sec.  10.400 by revising paragraph (a) as follows:


Sec.  10.400  Classification.

* * * * *
    (a) National Alert. A National Alert is an alert issued by the 
President of the United States or the President's authorized designee, 
or by the Administrator of FEMA.
* * * * *
0
5. Revise Sec.  10.410 to read as follows:


Sec.  10.410  Prioritization.

    A Participating CMS Provider is required to transmit National 
Alerts upon receipt. National Alerts preempt all other Alert Messages. 
A Participating CMS Provider is required to transmit Imminent Threat 
Alerts, AMBER Alerts and Public Safety Messages on a first in-first out 
(FIFO) basis.
0
6. Revise Sec.  10.420 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 National Alerts.
0
7. Amend Sec.  10.500 by revising paragraph (f) to read as follows:


Sec.  10.500   General requirements.

* * * * *
    (f) Presentation of alert content to the device, consistent with 
subscriber opt-out selections. National Alerts must always be 
presented.
* * * * *
0
8. Amend Sec.  10.520 by redesignating paragraph (d) as paragraph 
(d)(1) and by adding paragraph (d)(2) to read as follows:


Sec.  10.520  Common audio attention signal.

* * * * *
    (d)(1) * * *
    (2) If the Administrator of the Federal Emergency Management Agency 
(FEMA) or a State, local, Tribal, or territorial government entity 
becomes aware of transmission of a WEA false alert to the public, they 
are encouraged to send an email to the Commission at the FCC Ops Center 
at [email protected], informing the Commission of the event and of any 
details that they may have concerning the event.
* * * * *

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
9. 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
10. Amend Sec.  11.21 by revising the introductory paragraph and 
paragraph (a), and adding paragraph (a)(8), to read as follows:


Sec.  11.21  State and Local Area plans and FCC Mapbook.

    EAS plans contain guidelines which must be followed by EAS 
Participants' personnel, emergency officials, and National Weather 
Service (NWS) personnel to activate the EAS. The plans include the EAS 
header codes and messages that will be transmitted by key EAS sources 
(NP, LP, SP and SR). State and local plans contain unique methods of 
EAS message distribution such as the use of the Radio Broadcast Data 
System (RBDS). The plans also include information on actions taken by 
EAS Participants, in coordination with state and local governments, to 
ensure timely access to EAS alert content by non-English speaking 
populations. The plans must be reviewed and approved by the Chief, 
Public Safety and Homeland Security Bureau (Bureau), prior to 
implementation to ensure that they are consistent with national plans, 
FCC regulations, and EAS operation. The plans are administered by State 
Emergency Communications Committees (SECC). The Commission encourages 
the chief executive of each State to establish an SECC if their State 
does not have an SECC, and if the State has an SECC, to review the 
composition and governance of the SECC. The Bureau will review and 
approve plans, including annual updated plans, within 60 days of 
receipt, provided that no defects are found requiring the plan to be 
returned to the SECC for correction and resubmission. If a plan 
submitted for approval is found defective, the SECC will be notified of 
the required corrections, and the corrected plan may be resubmitted for 
approval, thus starting the 60-day review and approval period anew. The 
approval dates of State EAS Plans will be listed on the Commission's 
website.
    (a) State EAS Plans contain guidelines that must be followed by EAS 
Participants' personnel, emergency officials, and National Weather 
Service

[[Page 16574]]

(NWS) personnel to activate the EAS. The Plans include information on 
actions taken by EAS Participants, in coordination with state and local 
governments, to ensure timely access to EAS alert content by non-
English speaking populations. State EAS Plans must be updated on an 
annual basis. State EAS Plans must include the following elements:
* * * * *
    (8) Certification by the SECC Chairperson or Vice-Chairperson that 
the SECC met (in person, via teleconference, or via other methods of 
conducting virtual meetings) at least once in the twelve months prior 
to submitting the annual updated plan to review and update the plan.
* * * * *
0
11. Amend Sec.  11.33 by revising paragraph (a)(10) to read as follows:


Sec.  11.33  EAS Decoder.

    (a) * * *
    (10) Message Validity. An EAS Decoder must provide error detection 
and validation of the header codes of each message to ascertain if the 
message is valid. Header code comparisons may be accomplished through 
the use of a bit-by-bit compare or any other error detection and 
validation protocol. A header code must only be considered valid when 
two of the three headers match exactly; the Origination Date/Time field 
(JJJHHMM) is not more than 15 minutes in the future and the expiration 
time (Origination Date/Time plus Valid Time TTTT) is in the future 
(i.e., current time at the EAS equipment when the alert is received is 
between origination time minus 15 minutes and expiration time). 
Duplicate messages must not be relayed automatically. An alert repeated 
by the alert originator that was released at least one minute 
subsequent to the time the message was initially released by the 
originator, as reflected in the repeat alert's JJJHHMM header code, 
shall not be treated as a duplicate.
* * * * *
0
12. Amend Sec.  11.45 by revising paragraph (b) and adding paragraph 
(c) to read as follows:


Sec.  11.45  Prohibition of false or deceptive EAS transmissions.

* * * * *
    (b) No later than twenty-four (24) hours of an EAS Participant's 
discovery (i.e., actual knowledge) that it has transmitted or otherwise 
sent a false alert to the public, the EAS Participant shall send an 
email to the Commission at the FCC Ops Center at [email protected], 
informing the Commission of the event and of any details that the EAS 
Participant may have concerning the event.
    (c) If the Administrator of the Federal Emergency Management Agency 
or a State, local, Tribal, or territorial government entity becomes 
aware of transmission of an EAS false alert to the public, they are 
encouraged to send an email to the Commission at the FCC Ops Center at 
[email protected], informing the Commission of the event and of any 
details that they may have concerning the event.

[FR Doc. 2021-06269 Filed 3-29-21; 8:45 am]
BILLING CODE 6712-01-P