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Rule2021-15175

Emergency Alert System, Wireless Emergency Alerts; National Defense Authorization Act for Fiscal Year 2021

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Published

August 20, 2021

Effective

September 20, 2021

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communication Commission (the FCC or Commission), implements section 9201 of the National Defense Authorization Act for Fiscal Year 2021, improving 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. The Commission adopts 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.

Full Text

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<title>Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)</title>
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[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46783-46791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15175]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 10 and 11

[PS Docket Nos. 15-94 and 15-91; FCC 21-77; FR ID 37637]

Emergency Alert System, Wireless Emergency Alerts; National
Defense Authorization Act for Fiscal Year 2021

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communication Commission (the
FCC or Commission), implements section 9201 of the National Defense
Authorization Act for Fiscal Year 2021, improving 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. The Commission adopts 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.

DATES: Effective September 20, 2021.

FOR FURTHER INFORMATION CONTACT: Christopher Fedeli, Attorney Advisor,
Public Safety and Homeland Security Bureau at 202-418-1514 or
<a href="/cdn-cgi/l/email-protection#37745f455e444358475f524519715253525b5e7751545419505841">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order) and Further Notice of Proposed Rulemaking, in PS
Docket Nos. 15-94 and 15-91, FCC 21-77, adopted and released on June
17, 2021. The full text of this document is available at <a href="https://www.fcc.gov/document/fcc-further-strengthens-emergency-alerting-0">https://www.fcc.gov/document/fcc-further-strengthens-emergency-alerting-0</a>.

Synopsis

In the Report and Order (Order), the Commission takes measures to
enhance the efficacy of the EAS and WEA. The nation's EAS and 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.
Specifically, and in consultation with the Federal Emergency Management
Agency (FEMA), the Commission implements 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), which
requires the Commission to complete a rulemaking and adopt rules within
180 days to (a) ensure mobile devices cannot opt out of receiving WEA
alerts from the FEMA Administrator; (b) establish a state EAS plan
checklist for State Emergency Communications Committees (SECCs) and
amend the requirements for SECCs, to ensure they meet, review, and
update their EAS plans annually; (c) enable reporting by the FEMA
Administrator and State, Tribal, or local governments of false EAS and
WEA alerts; and (d) provide for repeating EAS alerts issued by the
President, the FEMA Administrator, and any other entity determined
appropriate by the Commission, in consultation with the FEMA
Administrator. The Commission believes the rules it adopts today will
improve the capabilities and efficacy of EAS and WEA as systems for
distributing vital alert information to all Americans, and will do so
in a cost-effective manner.
The Commission implements section 9201(a) of the NDAA21 by adopting
rules to ensure that mobile devices cannot opt-out of receiving WEA
alerts from the FEMA Administrator. The Commission implements section
9201(b) of the NDAA21 by adopting rules to (i) encourage chief
executives of states and territories to form SECCs if none exist in
their states, or if the state has an SECC, to review its composition
and governance criteria; (ii) include as a required element in the
State EAS Plan, a 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 their State EAS Plan--and incorporate such certification into
the Alert Reporting System (ARS); (iii) require that the Public Safety
and Homeland Security Bureau (Bureau) to approve or reject State EAS
Plans submitted for approval within 60 days of receipt--for those
instances in which the Bureau finds defects in a submitted plan
requiring correction by the SECC, that State EAS Plan will be
considered to be temporarily withdrawn, restarting the 60-day review
and approval period anew upon resubmission of the corrected plan in
ARS; (iv) require the Bureau to list the approval dates of State EAS
Plans submitted on ARS on the Commission's website, and in the event a
final decision is made to deny a plan, directly notify the chief
executive of the State to which the plan applies of that determination
and the reasons for such denial within 30 days of such decision; and
(v) adopt an EAS Plan Content Checklist composed of the plan content
requirements set forth in Sec. 11.21 of the Commission's rules, 47 CFR
11.21, and direct the Bureau to post the checklist on the Commission's
website and incorporate it as an appendix in the ARS user manual.
The Commission implements section 9201(c) of the NDAA21 by adopting
rules to enable the Administrator of FEMA and state, local, Tribal, and
territorial governments to report false EAS and WEA alerts when they
occur. The Commission implements section 9201(d) of the NDAA21 by
adopting a rule specifying how alert originators can repeat their alert
transmissions. The rules the Commission adopts are intended to
facilitate the further development of a robust and redundant system for
distributing vital alert information to all Americans.

Accessible Formats

To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#6f090c0c5a5f5b2f090c0c41080019">[email&#160;protected]</a> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) in PS Docket
Nos. 15-94 and 15-91, 86 FR 16565 (Mar. 30, 2021). The Commission
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. No comments were filed addressing the IRFA. This
present Final Regulatory Flexibility Analysis (FRFA) conforms to the
RFA.

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

In the Order, the Commission adopts rules to improve the way the
public receives emergency alerts on their mobile phones, televisions,
and radios via WEA and EAS, in response to the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021. WEA
and EAS ensure that the public is quickly informed about emergency
alerts issued by federal,

[[Page 46784]]

state, local, Tribal, and territorial governments and delivered over
the radio, television, and mobile wireless devices. These announcements
keep the public safe and informed and have increased in importance in
the wake of the emergencies and disasters experienced by Americans in
the past few years. Congress has determined that WEA and EAS rule
changes are necessary to increase oversight over the distribution of
state and local EAS alerts within states, increase the likelihood that
the public will receive full alerts pertaining to national security,
and increase false alert reporting capabilities to help ameliorate
confusion or other harmful effects resulting from false alerts.
Consistent with the congressional directives in the NDAA21, the
Commission amends its WEA and EAS 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.
Specifically, the Commission amends its rules to (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 FEMA Administrator; (ii) require
participating Commercial Mobile Service (CMS) providers that use WEA
header displays that read ``Presidential Alert'' to change those alert
headers to read ``National Alert'' or to remove such headers
altogether; (iii) encourage chief executives of states to form SECCs if
none exist in their states, or if they do, to review their composition
and governance, update their State EAS plans annually, and certify that
they have 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;
(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 FEMA Administrator 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.
The rules adopted in the Order are intended to increase
participation by state, local, Tribal, and territorial governments in
the administration of State EAS Plans, enhance administration of EAS
alerting, hasten corrective action when any false alerts are issued,
and better enable alert originators to repeat alerts. They will benefit
the public by strengthening national, state, local, Tribal, and
territorial alerting activities, minimizing confusion and disruption
caused by false alerts, increasing the chances for the public to
receive critical alert messages, and will facilitate the further
development of a robust and redundant system for distributing vital
alert information to all Americans.

B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA

There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration

Pursuant to the Small Business Jobs Act of 2010, which amended the
RFA, the Commission is required to respond to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration (SBA),
and to provide a detailed statement of any change made to the proposed
rules as a result of those comments.
The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which
the 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 rules, adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. The Commission's actions may, over time, affect small
entities that are not easily categorized at present. The Commission
therefore describes 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, the Commission estimates 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

[[Page 46785]]

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 the Commission estimates 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 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.
The Commission also notes 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. The Commission further notes 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 the Commission's 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 the Commission
concludes that the majority of FM Translator Stations and Low Power FM
Stations are small.
The Commission notes again, however, that in assessing whether a
business concern qualifies as ``small'' under the above definition,
business (control) affiliations must be included. Because the
Commission does not include or aggregate revenues from affiliated
companies in determining whether an entity meets the applicable revenue
threshold, its 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. The Commission is 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, the Commission's estimate of small radio stations
potentially affected by the rule revisions discussed in the NPRM
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 the
Commission therefore estimates 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, the Commission will
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
The Commission notes, however, that in assessing whether a business
concern 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, another element of the definition of ``small business''
requires that an entity not be dominant in its field of operation. The
Commission is 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

[[Page 46786]]

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 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, the Commission estimates 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, the Commission finds that all but nine incumbent
cable operators are small entities under this size standard. The
Commission notes that it 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, the Commission is 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,
the Commission estimates 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 the Commission's 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, the Commission estimates 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

[[Page 46787]]

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 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, the Commission concludes 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,
the Commission 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 the Commission does not know for certain which entities
are likely to apply for these frequencies, it notes 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

[[Page 46788]]

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 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, the Commission concludes that a
majority of manufacturers in this industry are small.

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

The Order imposes 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. While the
Commission is not in a position to determine whether small entities
will have to hire professionals to comply with its decisions and cannot
quantify the cost of compliance for small entities, as discussed in the
Order, the approaches it has taken to implement the requirements of
NDAA21 have minimal or de minimis cost implications for impacted
entities.
In the Order, the Commission adds a national alert category to WEA
that WEA-enabled mobile device users cannot opt-out of receiving. The
national alert category changes the name of the current Presidential
Alerts category to National Alerts and includes alerts from both the
President and the FEMA Administrator. Participating CMS providers that
use WEA header displays and settings menus that currently display
``Presidential Alert'' will have to change the display to read
``National Alert'' or discontinue their voluntary use of WEA header
displays.
The Order also requires that each updated State EAS Plan submitted
annually to the Commission for approval include a certification by the
SECC Chairperson or Vice-Chairperson that the SECC has 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 their State EAS Plan. The
certification requirement will be included in the rules governing State
EAS Plans and will be incorporated into the Alert Reporting System
(ARS). The certification requirement can be met via an on-screen ARS
click-box, rather than requiring SECCs to complete extra paperwork to
generate a certification document to attach in ARS.
To address the NDAA21's requirements for reporting by government
entities on false EAS or WAS alerts, the Order revises the Commission's
WEA and EAS rules to provide for voluntary reporting by the FEMA
Administrator, State, local, Tribal, or territorial governments using
an email reporting system. The rules provide guidance on the types of
false alerts that are suitable to report--discouraging reporting alerts
where the incorrect information is de-minimis. The Commission also
provides guidance on the types of information in a report that it would
find helpful, such as the time and date of the reported alert event,
the geographic location where the alerts were received, the message the
alert conveyed, how they became aware of the alert, over what medium
the alert was transmitted (e.g., broadcast or cable), whether it was an
EAS or WEA event, and who originated the alert (if known).
To satisfy the alert repetition requirements in the NDAA21 the
Order modifies the EAS rules to add a new section, 11.44 ``Alert
Repetition,'' specifying that an alert originator may ``repeat'' an
alert by releasing the alert anew--i.e., re-originating the alert--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 to meet its alert repetition obligation.

F. 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 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

[[Page 46789]]

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.''
The actions taken by the Commission in the Order were considered to
be the least costly and minimally burdensome for small and other
entities impacted by the rules. As such, the Commission does not expect
the adopted requirements to have a significant economic impact on small
entities. Below the Commission discusses actions it took in the Order
to minimize any significant economic impact on small entities and some
alternatives that were considered.
The rules adopted creating a WEA National Alert class which adds
the FEMA Administrator as an authorized originator of these alerts in
addition to the President of the United States, does not create any
costs for small entities. Renaming the existing Presidential Alert
class to National Alerts and allowing for use of the existing WEA
handling code and other infrastructure already in place for
Presidential Alert was the least costly way possible to implement the
NDAA21 requirement to ensure that subscribers may not opt out of
receiving FEMA Administrator alerts. This change requires few, if any,
technical changes to be made to participating CMS provider networks or
the mobile devices of their subscribers. With respect to the amendment
requiring participating CMS provider handset display updates to
discontinue the display of ``Presidential Alert,'' the Commission
provides participating CMS providers flexibility in the approach they
use to ensure compliance, allowing the requirement to be satisfied by
any approach that ensures that ``Presidential Alert'' is not displayed
on a user's mobile device, either by changing the displayed header or
not displaying the header at all. The Commission notes that no
commenting party disputed its estimate that these costs would be
minimal to the industry. The Commission also reduces the burden on
participating CMS providers by exempting from the requirement any
network infrastructure that is technically incapable of meeting this
requirement, such as legacy devices or networks that cannot be updated
to support this functionality.
With respect to the amendments involving SECCs and State EAS Plan
provisions, the Commission declined to adopt recommendations for SECC
membership and/or a model governance structure for SECCs. There are
SECCs currently operating in all 50 states and all, but 2 territories
and each state and territory is different with unique needs that no
single framework may fit. Regarding the requirement for certification
by the SECC Chairperson or Vice-Chairperson that the SECC has 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 their State EAS Plan, the
Commission does not believe the costs to the SECC members will be more
than de minimis. The Commission allows for virtual meetings, which
lessens the cost and burden of meeting in person. Further, as mentioned
in the previous section, the Commission allows the meeting
certification to be effectuated by clicking a button on the ARS online
menu, which is significantly less burdensome for small entities than
having to make some other showing, such as a paper filing.
The amendments the Commission adopted to create a system for false
alert reporting by government entities minimize any impact of
compliance for small entities and others by virtue of the reporting
system being a voluntary reporting process. For government entities
that choose to report false alerts, they can do so by simply sending
the relevant information to the Commission via email to the FCC
Operations Center. As mentioned above, the Commission declined to
require a list of elements that must be reported, which could make the
process unduly burdensome and deter government entities from filing
false alert reports. The Commission also declined to adopt a definition
of what constitutes a false alert which could be too limited and
burdensome for reporting government entities. Instead, the Commission
offers guidance on the type of information about false alerts that
would be meaningful to the Commission, and note that the voluntary
reporting process adopted in the Order does not alter the meaning of
false alerts that has been applied in other parts of the Commission
rules, including Sec. 11.45(a) and (b).
With respect to the process for enabling Alert Originators to
repeat EAS alerts for national security, the requirement to repeat EAS
messages can be addressed under the Commission's existing rules. The
Commission therefore kept the current EAS rules governing alert
(re)transmission intact and added a new Sec. 11.44 that clarifies how
alert originators can repeat their alert transmissions. The
Commission's decision to clarify how alert originators can repeat (or
re-originate) EAS alerts does not impose any additional costs, as such
repetition has been a function available to alert originators from the
inception of the EAS.
Finally, the Commission notes two additional actions it took that
minimizes the significant economic impact of the Order on small
entities. The Commission declined to adopt a new national security-
related originator code or event code in light of the record, which
suggests that adding new codes will introduce costs to EAS Participants
that are difficult to justify given the complexity and costs associated
with their adoption. The Commission also declined to adopt a
requirement for implementation of automated repetition of alerts by EAS
Participants' EAS devices. To do so would result in substantial burdens
that are unnecessary, and the potential disruption and costs associated
with implementing automated repeating in EAS devices is likely to be
significant and could yield unintended consequences detrimental to EAS
operations.

Paperwork Reduction Act Analysis

This document contains modified information collection requirements
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It 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, the Commission notes that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), it previously sought specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees.

Congressional Review Act

The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs, that this rule is non-major under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report
and Order to Congress and the Government Accountability Office pursuant
to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(o),
301, 303(r),

[[Page 46790]]

303(v), 307, 309, 335, 403, 624(g), 706, and 713 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(o), 301,
303(r), 303(v), 307, 309, 335, 403, 544(g), and 606, as well as by
sections 602(a), (b), (c), (f), 603, 604 and 606 of the WARN Act, 47
U.S.C. 1202(a), (b), (c), (f), 1203, 1204 and 1206, Section 202 of the
Twenty-First Century Communications and Video Accessibility Act of
2010, as amended, 47 U.S.C. 613, and the National Defense Authorization
Act for Fiscal Year 2021, Public Law 116-283, 134 Stat. 3388, section
9201, 47 U.S.C. 1201, 1206, that this Report and Order and Further
Notice of Proposed Rulemaking in PS Docket Nos. 15-94 and 15-91 is
hereby adopted.
It is further ordered that the rule amendments adopted herein will
become effective September 20, 2021. The new or revised portions of
Sec. Sec. of 10.11(b), 10.520(d)(2), 11.21, 11.21(a), 11.45(c), and
11.21(a)(8) contain new or modified information collection requirements
that require OMB review under the PRA. The Commission directs the
Public Safety and Homeland Security Bureau (Bureau) to announce the
compliance dates for these rules after OMB has reviewed and approved
those information collections in a document published in the Federal
Register, delegates authority to the Bureau to cause the July 31, 2022
deadline in Sec. 10.11(b) to be revised accordingly as necessary if
more time is needed to secure OMB's review, and delegates authority to
the Bureau to revise Sec. Sec. 10.11(c), 10.520(d)(3), 11.21(g), and
11.45(d) once OMB review has been obtained. The compliance dates that
the Bureau announces for the new or revised portions of Sec. 11.21(a)
at Appendix A shall supply sufficient time to comply with the Sec.
11.21 rule revisions adopted in Emergency Alert System, Report and
Order, PS Docket Nos. 15-94 and 15-91, (83 FR 37750, Aug. 2, 2018).
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final 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.

Final Rules

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 10 and 11 as follows:

PART 10--WIRELESS EMERGENCY ALERTS

0
1. The authority citation for part 10 is revised to read as follows:

Authority: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and
606, 1202(a), (b), (c), (f), 1203, 1204, and 1206.]

0
2. Section 10.11 is amended by designating the current text as
paragraph (a) and by adding paragraphs (b) and (c) 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.
(c) Compliance date(s)--paragraph (b) of this section contains an
information-collection and recordkeeping requirement. Compliance with
paragraph (b) will not be required until after approval by the Office
of Management and Budget. The Commission will publish a document in the
Federal Register announcing compliance date(s) with this paragraph and
revising this paragraph accordingly.

0
3. Section 10.320 is amended 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. Section 10.400 is amended by revising paragraph (a) to read 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. National Alerts may be either
nationwide or regional in distribution.
* * * * *

0
5. Section 10.410 is revised 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. Section 10.420 is revised to read as follows:

Sec. 10.420 Message elements.

A WEA Alert Message processed by a Participating CMS Provider shall
include five mandatory CAP elements--Event Type; Area Affected;
Recommended Action; Expiration Time (with time zone); and Sending
Agency. This requirement does not apply to National Alerts.

0
7. Section 10.500 is amended 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. Section 10.520 is amended by redesignating paragraph (d) as
paragraph (d)(1) and by adding paragraphs (d)(2) and (3) 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 <a href="/cdn-cgi/l/email-protection#e1a7a2a2aeb1b2a1878282cf868e97">[email&#160;protected]</a>, informing the Commission of the event

[[Page 46791]]

and of any details that they may have concerning the event.
(3) Compliance date(s)--paragraph (d)(2) of this section contains
an information-collection and recordkeeping requirement. Compliance
with paragraph (d)(2) will not be required until after approval by the
Office of Management and Budget. The Commission will publish a document
in the Federal Register announcing compliance date(s) with this
paragraph and revising this paragraph accordingly.
* * * * *

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
9. The authority citation for part 11 is revised to read as follows:

Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, 1206].

0
10. Section 11.21 is amended by revising the introductory text and
paragraph (a) introductory text and adding paragraphs (a)(8) and (g) 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 (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.
* * * * *
(g) Compliance date(s)--the introductory text and paragraphs (a)
introductory text and (a)(8) of this section contain information-
collection and recordkeeping requirements adopted in the Report and
Order and Further Notice of Proposed Rulemaking, Amendment of the
Commission's Rules Regarding the Emergency Alert System; Wireless
Emergency Alerts, PS Docket Nos. 15-91 and 15-94, FCC 21-77 (June 17,
2021). Compliance with the introductory text and paragraphs (a)
introductory text and (a)(8) will not be required until after approval
by the Office of Management and Budget. The Commission will publish a
document in the Federal Register announcing compliance date(s) with
those paragraphs and revising those paragraphs accordingly.
* * * * *

0
11. Section 11.44 is added to read as follows:

Sec. 11.44 Alert Repetition.

An alert originator may ``repeat'' an alert by releasing the alert
anew--i.e., re-originating the alert--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. Because alerts
take time to activate across the EAS alert distribution chain, alert
originators should consider an interval between the original and re-
originated alert that is long enough to account for this process. If
the re-originated alert is intended to reflect a valid time period
consistent with the original, the valid time period code (the +TTTT
header code identified in Sec. 11.31(c)) set for the re-originated
alert should be adjusted to account for the elapsed time between the
original and re-originated alerts. Alert originators should be aware
that repeating alerts routinely may cause alert fatigue among the
public.

0
12. Section 11.45 is amended by revising paragraph (b) and adding
paragraphs (c) and (d) 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 <a href="/cdn-cgi/l/email-protection#a4e2e7e7ebf4f7e4c2c7c78ac3cbd2">[email&#160;protected]</a>,
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
<a href="/cdn-cgi/l/email-protection#632520202c3330230500004d040c15">[email&#160;protected]</a>, informing the Commission of the event and of any
details that they may have concerning the event.
(d) Compliance date(s)--paragraph (c) of this section contains an
information-collection and recordkeeping requirement. Compliance with
paragraph (c) will not be required until after approval by the Office
of Management and Budget. The Commission will publish a document in the
Federal Register announcing compliance date(s) for this paragraph and
revising this paragraph accordingly.

[FR Doc. 2021-15175 Filed 8-19-21; 8:45 am]
BILLING CODE 6712-01-P

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