The Emergency Alert System, 16504-16510 [2024-04899]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16504-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04899]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[PS Docket No. 15-94; FR ID 206752]


The Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In the Notice of Proposed Rulemaking (NPRM), the Federal 
Communications Commission (the FCC or the Commission) proposes and 
seeks comment on implementing a multilingual alert processing model for 
the Emergency Alert System (EAS) through which brief, pre-scripted (or 
``template'') alert messages that have been pre-translated into the 13 
most commonly spoken non-English languages in the United (as well as in 
English), can be initiated by alert originators for distribution to the 
public by the TV and radio broadcasters, cable service providers, and 
other ``EAS Participant'' services that make up the EAS public alert 
distribution system. The NPRM also seeks comment a wide range of 
specific technical, operational, cost and implementation timing issues 
related to the template alert distribution model.

DATES: Comments on the NPRM are due on or before April 8, 2024, and 
reply comments are due on or before May 6, 2024.

ADDRESSES: You may submit comments, identified by PS Docket No. 15-94, 
by any of the following methods:
     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.
    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) or 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: For further information concerning the 
information contained in this document, send an email to David Munson, 
Attorney Advisor, Cybersecurity and Communications Reliability 
Division, Public Safety and Homeland Security Bureau at 202-418-2921 or 
[email protected], or George Donato, Associate Division Chief, 
Cybersecurity and Communications Reliability Division, Public Safety 
and Homeland Security Bureau at [email protected] or call 202-418-
0729.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in PS Docket Nos. 15-94, FCC 24-23, 
adopted on February 15, 2024, and released on February 16, 2024. The 
full text of this document is available at https://www.fcc.gov/document/fcc-proposes-solution-expand-multilingual-emergency-alerts-0.

Synopsis

    The EAS is a national public warning system through which TV and 
radio broadcasters, cable systems, direct broadcast satellite service 
providers, digital audio radio service providers and other service 
providers (``EAS Participants'') deliver alerts to the public to warn 
them of impending emergencies and dangers to life and property. EAS 
alerts are initiated by local, state and national alert originators 
(such as State Governor's offices, state and county emergency 
management authorities, Public Safety Answering Points, state and 
county fire departments, National Weather Service, etc.). In terms of 
its architecture, the EAS is comprised of both a broadcast-based, or 
``legacy,'' system and an internet-based, or ``Common Alerting Protocol 
(CAP)'' system. The legacy EAS distributes alerts over-the-air from one 
broadcast station antenna to another. Alerts can also be sent over the 
internet in CAP format for distribution to EAS Participants via the 
Federal Emergency Management Agency's Integrated Public Alert and 
Warning System. Alerts can be initiated in multiple languages in both 
the legacy and CAP-based EAS architectures.

[[Page 16505]]

    The Commission has taken various actions over the years to promote 
multilingual alerting, such as tasking bodies with examining 
multilingual alerting, issuing occasional guidance on multilingual 
alerting, and conducting a multilingual alerting workshop to develop 
and share information on multilingual strategies. The Commission also 
collects information on EAS Participants' multilingual EAS activities 
as well as the primary languages spoken in their service areas. Data 
reported to the Commission suggests that there are a range of non-
English languages that are spoken on a primary basis in EAS Participant 
service areas across the country, but only minimal issuance of EAS 
messages in languages other than English.
    The NPRM seeks to address the shortfall in multilingual alert 
accessibility by enabling alert originators to issue alerts that have 
already been translated into non-English languages. Specifically, the 
NPRM proposes a model for distributing multilingual alerts by which the 
Commission would create brief, pre-scripted (or ``template'') alerts in 
Arabic, Chinese, French, German, Haitian Creole, Hindi, Italian, 
Korean, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, as well 
as in English, for selected emergency events (such as earthquake, 
wildfire, etc.). The template scripts (in all languages) would be 
stored in EAS devices to serve as the visual portion of the alert. 
Translated audio for each template also would be provided as audio 
files or links to streaming audio. EAS Participants would be required 
to transmit template alerts using the template audio and script in the 
template language that corresponds to the EAS Participants' primary 
language (i.e., the language of their programming content); where the 
EAS Participant offers multiple channels, it would transmit on such 
channels the template audio and script in the template language that 
corresponds to the programming content on each channel (e.g., the 
Spanish language template would be transmitted on channels that provide 
Spanish language programming, and the English language template would 
be transmitted on channels that provide English language programming).
    The NPRM seeks comment on the proposed template alert distribution 
model, generally, as well as on wide range of specific technical, 
operational, cost and implementation timing issues related thereto.

Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice and 
comment rulemaking proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' As required by the 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 
NPRM. 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 NPRM. The Commission will send a copy of 
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA).

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

    In the NPRM, the Commission seeks comment on the efficacy and 
feasibility of implementing a process for distributing template-based 
EAS messages in the 13 most commonly spoken non-English languages 
(according to U.S. Census data)--Arabic, Chinese, French, German, 
Haitian Creole, Hindi, Italian, Korean, Portuguese, Russian, Spanish, 
Tagalog, and Vietnamese--as well as in English. The Commission proposes 
an approach for processing multilingual template EAS alerts that is 
fairly consistent with existing procedures for processing EAS alerts, 
and requests comment on specific relevant alerting elements, such as 
template-specific event codes, template script-based visual messages, 
and template audio. In a departure from existing procedures, however, 
the Commission also proposes that EAS Participants would be required to 
transmit the template alerts in the non-English or English template 
language corresponds to the programming content of their channel(s); 
EAS Participants that provide multiple channels of programming (other 
than satellite-based EAS Participants that transmit on a nationwide 
basis) would transmit the template visual and audio messages on each 
channel in the language that corresponds to the programming content 
carried on such channel.
    The Commission also evaluates and seeks comment on whether for EAS 
templates alerts, it should follow a similar approach to that followed 
in the Third Report and Order in PS Docket Nos. 15-94, 15-91, 88 FR 
86824 (Dec. 15, 2023) (Final rule; correction, 89 FR 2885 (Jan. 17, 
2024)), where the Commission directed the Public Safety and Homeland 
Security Bureau (Bureau) to propose and seek comment on a set of 
emergency alert messages for support via templates in English, the 13 
most commonly spoken languages in the U.S., and to seek comment on the 
most common messages used by alerting authorities, as well as the most 
time-sensitive messages which are likely critical for immediate 
comprehension. Lastly, the Commission explores and requests comment on 
implementation related matters, including revising or amending the ECIG 
Implementation Guide, time requirements for manufacturers to develop, 
test and release any necessary software updates, and whether a 
template-based alert processing model would present any unique 
challenges or require modification of EAS Participant transmission 
processing systems upstream or downstream from the EAS device that 
would affect implementation timeframes.

B. Legal Basis

    The proposed action is authorized pursuant to: sections 1, 2, 4(i), 
4(n), 303, 335, 624(g), 706 and 713 of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 152, 154(i), 154(n), 303, 335, 544(g), 606, 
and 613.

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.
    There are small entities among the current EAS Participants, which 
include 17,521 radio broadcasters and 8,133 other participants, 
including television broadcasters, cable operators, satellite 
operators, and other businesses in the industry segments discussed 
below, that could be impacted by the changes proposed in the NPRM.

[[Page 16506]]

    Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe, 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 Small Business 
Administration's (SBA) 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 33.2 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.'' 
The 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 2020, there were 
approximately 447,689 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 there were 
90,075 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 populations 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 industry is comprised of ``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 small business 
size standard for this industry classifies firms having $41.5 million 
or less in annual receipts as small. U.S. Census Bureau data for 2017 
show that 2,963 firms operated in this industry during that year. Of 
this number, 1,879 firms operated with revenue of less than $25 million 
per year. Based on this data and the SBA's small business size 
standard, we estimate a majority of such entities are small entities.
    The Commission estimates that as of September 30, 2023, there were 
4,452 licensed commercial AM radio stations and 6,670 licensed 
commercial FM radio stations, for a combined total of 11,122 commercial 
radio stations. Of this total, 11,120 stations (or 99.98%) had revenues 
of $41.5 million or less in 2022, according to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 4, 
2023, and therefore these licensees qualify as small entities under the 
SBA definition. In addition, the Commission estimates that as of 
September 30, 2023, there were 4,263 licensed noncommercial (NCE) FM 
radio stations, 1,978 low power FM (LPFM) stations, and 8,928 FM 
translators and boosters. The Commission however does not compile, and 
otherwise does not have access to financial information for these radio 
stations that would permit it to determine how many of these stations 
qualify as small entities under the SBA small business size standard. 
Nevertheless, given the SBA's large annual receipts threshold for this 
industry and the nature of radio station licensees, we 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 radio or television broadcast station is dominant in 
its field of operation. Accordingly, the estimate of small businesses 
to which the rules may apply does not exclude any radio or television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive. An additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. Because it is difficult to assess 
these criteria in the context of media entities, the estimate of small 
businesses to which the rules may apply does not exclude any radio or 
television station from the definition of a small business on this 
basis and similarly may be over-inclusive.
    FM Translator Stations and Low Power FM Stations. FM translators 
and Low Power FM Stations are classified in the industry for Radio 
Stations. The Radio Stations industry 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 small business 
size standard for this industry classifies firms having $41.5 million 
or less in annual receipts as small. U.S. Census Bureau data for 2017 
show that 2,963 firms operated during that year. Of that number, 1,879 
firms operated with revenue of less than $25 million per year. 
Therefore, based on the SBA's size standard we conclude that the 
majority of FM Translator stations and Low Power FM Stations are small. 
Additionally, according to Commission data, as of September 30, 2023, 
there were 8,928 FM Translator Stations and 1,978 Low Power FM licensed 
broadcast stations. The Commission however does not compile and 
otherwise does not have access to information on the revenue of these 
stations that would permit it to determine how many of the stations 
would qualify as small entities. For purposes of this regulatory 
flexibility analysis, we presume the majority of these stations are 
small entities.
    Television Broadcasting. This industry is comprised of 
``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 small business size standard 
for this industry classifies businesses having $41.5 million or less in 
annual receipts as small. 2017 U.S. Census Bureau data indicate that 
744 firms in this industry operated for the entire year. Of that 
number, 657 firms had revenue of less than $25,000,000. Based on this 
data we estimate that the majority of television

[[Page 16507]]

broadcasters are small entities under the SBA small business size 
standard.
    As of September 30, 2023, there were 1,377 licensed commercial 
television stations. Of this total, 1,258 stations (or 91.4%) had 
revenues of $41.5 million or less in 2022, according to Commission 
staff review of the BIA Kelsey Inc. Media Access Pro Television 
Database (BIA) on October 4, 2023, and therefore these licensees 
qualify as small entities under the SBA definition. In addition, the 
Commission estimates as of September 30, 2023, there were 383 licensed 
noncommercial educational (NCE) television stations, 380 Class A TV 
stations, 1,889 LPTV stations and 3,127 TV translator stations. The 
Commission, however, does not compile and otherwise does not have 
access to financial information for these television broadcast stations 
that would permit it to determine how many of these stations qualify as 
small entities under the SBA small business size standard. 
Nevertheless, given the SBA's large annual receipts threshold for this 
industry and the nature of these television station licensees, we 
presume that all of these entities qualify as small entities under the 
above SBA small business size standard.
    Cable System Operators (Telecom Act Standard). The Communications 
Act of 1934, as amended, contains a size standard for a ``small cable 
operator,'' 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.'' For purposes of the Telecom Act Standard, the 
Commission determined that a cable system operator that serves fewer 
than 677,000 subscribers, either directly or through affiliates, will 
meet the definition of a small cable operator based on the cable 
subscriber count established in a 2001 Public Notice. Based on industry 
data, only six cable system operators have more than 677,000 
subscribers. Accordingly, the Commission estimates that the majority of 
cable system operators are small under this size standard. We note 
however, that the Commission neither requests nor collects information 
on whether cable system operators are affiliated with entities whose 
gross annual revenues exceed $250 million. Therefore, 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.
    Cable Companies and Systems (Rate Regulation). The Commission has 
developed its own small business size standard 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. Based 
on industry data, there are about 420 cable companies in the U.S. Of 
these, only seven have more than 400,000 subscribers. In addition, 
under the Commission's rules, a ``small system'' is a cable system 
serving 15,000 or fewer subscribers. Based on industry data, there are 
about 4,139 cable systems (headends) in the U.S. Of these, about 639 
have more than 15,000 subscribers. Accordingly, the Commission 
estimates that the majority of cable companies and cable systems are 
small.
    Satellite Telecommunications. This industry 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 SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    All Other Telecommunications. This industry is comprised of 
establishments 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. Providers of 
internet services (e.g., dial-up ISPs) or Voice over internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms 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)). 
Wireless cable operators that use spectrum in the BRS often 
supplemented with leased channels from the EBS, provide a competitive 
alternative to wired cable and other multichannel video programming 
distributors. Wireless cable programming to subscribers resembles cable 
television, but instead of coaxial cable, wireless cable uses microwave 
channels.
    In light of the use of wireless frequencies by BRS and EBS 
services, the closest industry with a SBA small business size standard 
applicable to these services is Wireless Telecommunications Carriers 
(except Satellite). The SBA small business size standard for this 
industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    According to Commission data as December 2021, there were 
approximately 5,869 active BRS and EBS licenses. The Commission's small 
business size standards with respect to BRS involves eligibility for 
bidding credits and installment payments in the auction of licenses for 
these services. For the auction of BRS licenses, the

[[Page 16508]]

Commission adopted criteria for three groups of small businesses. A 
very small business is an entity that, together with its affiliates and 
controlling interests, has average annual gross revenues exceed $3 
million and did not exceed $15 million for the preceding three years, a 
small business is an entity that, together with its affiliates and 
controlling interests, has average gross revenues exceed $15 million 
and did not exceed $40 million for the preceding three years, and an 
entrepreneur is an entity that, together with its affiliates and 
controlling interests, has average gross revenues not exceeding $3 
million for the preceding three years. Of the ten winning bidders for 
BRS licenses, two bidders claiming the small business status won 4 
licenses, one bidder claiming the very small business status won three 
licenses and two bidders claiming entrepreneur status won six licenses. 
One of the winning bidders claiming a small business status 
classification in the BRS license auction has an active license as of 
December 2021.
    The Commission's small business size standards for EBS define a 
small business as an entity that, together with its affiliates, its 
controlling interests and the affiliates of its controlling interests, 
has average gross revenues that are not more than $55 million for the 
preceding five (5) years, and a very small business is an entity that, 
together with its affiliates, its controlling interests and the 
affiliates of its controlling interests, has average gross revenues 
that are not more than $20 million for the preceding five (5) years. In 
frequency bands where licenses were subject to auction, the Commission 
notes that as a general matter, the number of winning bidders that 
qualify as small businesses at the close of an auction does not 
necessarily represent the number of small businesses currently in 
service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    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 Wired 
Telecommunications Carriers industry which 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 small business size standard for Wired Telecommunications 
Carriers classifies firms having 1,500 or fewer employees as small. 
U.S. Census Bureau data for 2017 show that 3,054 firms operated in this 
industry for the entire year. Of this number, 2,964 firms operated with 
fewer than 250 employees. Based on this data, the majority of firms in 
this industry can be considered small under the SBA small business size 
standard. According to Commission data however, only two entities 
provide DBS service--DIRECTV (owned by AT&T) and DISH Network, which 
require a great deal of capital for operation. DIRECTV and DISH Network 
both exceed the SBA size standard for classification as a small 
business. Therefore, we must conclude based on internally developed 
Commission data, in general DBS service is provided only by large 
firms.
    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 small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.

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

    The proposed changes for which comment is sought in the NPRM, if 
adopted, would impose new or modified reporting, recordkeeping or other 
compliance obligations on certain small, as well as other, entities 
required to distribute EAS alerts to the public (i.e., ``EAS 
Participants''), and entities that manufacture EAS equipment. The 
changes likely would require EAS participants to acquire and/or update 
software, or modify equipment. Specifically, the Commission's proposals 
could require development and installation in existing EAS equipment 
Text-to-Speech (TTS) functionalities, audio files, video files, text 
files and additional memory capacity, displaying EAS messages in a 
secondary language when requested by an alert originator, using 
predefined and installed text, audio and video files, that likely would 
require EAS equipment manufacturers to develop software updates to 
implement such changes in deployed EAS equipment and EAS equipment in 
production. EAS Participants would have to acquire, and install such 
software updates in their EAS devices to enable the operational changes 
described above.
    Without knowing precisely what changes would be required in EAS 
devices and potentially involved in interconnected transmission 
processing systems, it is difficult to estimate the total costs of 
implementing a template alert processing approach in EAS. However, 
based on the cost analyses discussed in the NPRM, which expects the 
costs to implement a template-based alerting system model to be similar 
to the mandatory software updates costs discussed in the Comprehensive 
Alerts Order, the Commission estimates the total costs for implementing 
the template alert processing approach discussed in the NPRM would be 
approximately $12 million. This estimate assumes that template alert 
processing approach described above can be implemented via a regular 
software update patch that EAS Participants install in the normal 
course of business, and is based upon the costs of software 
installation, labor, and testing required to install the patch 
developed in the prior proceedings involving similar actions. The 
estimated $12 million cost includes five hours of software labor time 
industry-wide, which was multiplied by the 25,519 estimated 
broadcasters and cable head-

[[Page 16509]]

ends, plus 2 DBS and 1 SDARS providers, resulting in 127,610 hours of 
software-related labor time. The hourly wage was calculated using an 
average hourly wage of $60.07 for software and web developers, 
programmers, and testers, and factoring in a 45% markup of hourly wage 
for benefits, and a 5.5% inflation adjustment between 2022 and 2023, 
resulting in an hourly wage of $91.89. Based on the estimate of 5 hours 
labor time at a cost of $91.89 per hour (which we round up to $92 per 
hour), the total estimated labor cost for each EAS Participant to 
install a software patch that configures the template mechanism in the 
EAS device is $460, and the aggregate labor cost of approximately $12 
million. In addition to the costs accounted for in our estimate, the 
Commission is mindful that small and other entities may incur other 
costs to add memory capacity and/or firmware to EAS devices, for 
downstream transmission processing system changes that may be required, 
and costs associated with older EAS devices currently in use that may 
not be able to be updated, or modified to incorporate a template-based 
alert processing model. Thus, our cost estimate may need to be 
adjusted.
    To help the Commission more fully evaluate the cost of compliance 
for small entities if we were to adopt the proposed rule changes in the 
NPRM, the Commission requested comments on the cost implications and 
cost estimates to implement these proposals, and asked whether there 
are more efficient and less burdensome alternatives that might achieve 
the same results, including alternatives specific to smaller entities. 
At this time the Commission is not currently in a position to determine 
whether, if adopted, the proposed changes will require small entities 
to hire attorneys, engineers, consultants, or other professionals to 
comply. Since small entities have had to implement similar types of 
changes in prior proceedings, we do not foresee a compliance obligation 
for these entities to implement a template-based alert processing model 
will impose a significant burden. However, the Commission expects the 
information we receive in comments including cost and benefit analyses, 
to help us identify and evaluate relevant matters for small entities, 
including compliance costs and other burdens that may result if the 
changes discussed in the NPRM involving implementation of a template-
based alert processing model were adopted.

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 such 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 such 
small entities.''
    In the NPRM, the Commission's proposals on implementing 
multilingual template-based alerts in EAS are designed to minimize 
economic impacts for small entities. The multilingual template approach 
would entail installing pre-scripted ``template'' text files in up to 
13 non-English languages, and English, along with matching audio files 
(or possibly URL links to remotely stored audio files or streaming 
audio), depending upon the EAS Participant's programming content. EAS 
Participants would be required to transmit template alerts in the 
language of their programming content, thus, if the only programming 
content offered by the EAS Participant is in English, that EAS 
Participant would need only install the English language script and 
audio file for each template alert adopted; an EAS Participant that 
offered multiple channels of programming content that included channels 
carrying programming content in, for example, English, Spanish, German 
and Creole would install the English, Spanish, German and Creole 
language scripts and audio files for each template alert adopted. The 
Commission expects that the operational, and EAS device changes 
required to implement the template system would entail installing a 
software update of the kind that is routinely installed by EAS 
Participants in the normal course of business, which is another cost 
saving measure for small entities. The Commission also seeks comment on 
whether streaming template audio from an external source where the 
template messages would be produced by the Commission, would be a more 
efficient mechanism for generating the audio message. The template 
scripts and audio files would be produced by the Commission; small 
businesses would not be subject to the costs associated with 
translating the templates and instead would install pre-made templates 
via software update.
    The Commission also sought comment on whether template alerts 
should be transmitted to the public consistent with the procedures in 
the ECIG Implementation Guide, and considered, if operationally and 
technically feasible, whether increasing the existing 2-minute limit 
for template alerts to accommodate multilingual alert combinations 
would be a sensible approach to facilitate multilingual alerting. Other 
template alert transmission alternatives considered by the Commission 
were: (1) whether to require small and other EAS Participants to 
transmit templates only in the language that corresponds to the 
language of the programming content of their channel(s), as a way of 
reducing the potential programming interruption; and (2) whether, where 
an EAS Participant's programming content is not in one of the proposed 
13 non-English template languages, or English, the English language 
template script and audio should be transmitted on that channel.
    Having data on the various issues the Commission has raised and 
requested comment on in the NPRM relating to the technical feasibility, 
costs, benefits and the potential impact of any resulting EAS rule 
changes, particularly information specific to smaller entities, will 
assist with the Commission's evaluation of the economic impact on small 
entities, and help to determine if any rule changes are adopted, how to 
minimize any significant economic for small entities and identify any 
potential alternatives not already considered. The Commission expects 
to more fully consider the economic impact and alternatives for small 
entities following the review of comments and reply comments filed in 
response to the NPRM. Moreover, the Commission's evaluation of the 
comments will shape the final alternatives it considers, the final 
conclusions it reaches, and the actions it ultimately takes in this 
proceeding to minimize any significant economic impact that may occur 
on small entities.

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

    None.

Initial Paperwork Reduction Act of 1995 Analysis

    The NPRM may contain potential new or revised information 
collection

[[Page 16510]]

requirements. Therefore, we seek comment on potential new or revised 
information collections subject to the Paperwork Reduction Act of 1995. 
If the Commission adopts any new or revised information collection 
requirements, the Commission will publish a notice in the Federal 
Register inviting the general public and the Office of Management and 
Budget to comment on the information collection requirements, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.

Providing Accountability Through Transparency Act

    Consistent with the Providing Accountability Through Transparency 
Act, Public Law 118-9, a summary of this document is available on 
https://www.fcc.gov/proposed-rulemakings.

Comments and Reply Comments

    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 in the DATES section above. 
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), https://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf.

Ex Parte Rules

    The NPRM portion of this proceeding shall be treated as ``permit-
but-disclose'' proceedings in accordance with the Commission's ex parte 
rules. 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.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(n), 
303, 335, 624(g), 706 and 713 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i), 154(n), 303, 335, 544(g), 606, 
613, that this Notice of Proposed Rulemaking is adopted.
    It is further ordered that the Office of the Secretary, 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.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-04899 Filed 3-6-24; 8:45 am]
BILLING CODE 6712-01-P