Notice2021-27882
Information Collections Being Reviewed by the Federal Communications Commission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2021
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72598-72600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27882]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-XXXX, 3060-0207; FR ID 63866]
Information Collections Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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[[Page 72599]]
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995, the
Federal Communications Commission (FCC or the Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collection. Comments are requested
concerning: Whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees. The FCC may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before February
22, 2022. If you anticipate that you will be submitting comments, but
find it difficult to do so within the period of time allowed by this
notice, you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email
<a href="/cdn-cgi/l/email-protection#2f7f7d6e6f494c4c01484059"><span class="__cf_email__" data-cfemail="b5e5e7f4f5d3d6d69bd2dac3">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#96f8fff5f9faf3b8f9f8f1f3faf3d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="8fe1e6ece0e3eaa1e0e1e8eae3eacfe9ececa1e8e0f9">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Nicole Ongele, (202) 418-2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-XXXX. Title: Wireless Emergency Alerts
(WEA) Handset Displays and False Alert Reporting.
Form No.: N/A.
Type of Review: New information collection.
Respondents: Businesses or other for-profits; State, Local, or
Tribal Government and Federal Government.
Number of Respondents and Responses: 23,277 respondents; 167
responses.
Estimated Time per Response: 1 hour-150 hours.
Frequency of Response: On occasion and one-time reporting
requirement.
Obligation to Respond: Mandatory and Voluntary. Statutory authority
for this information collection is contained in 47 U.S.C. 151, 152,
154(i), 154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606,
613, 1201, 1202, 1203, 1204 and 1206.
Total Annual Burden: 22,815 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There are no assurance of
confidentiality associated with this collection of information.
Needs and Uses: This is a new request for approval of an
information collection for two new regulations under the Commission's
part 10 Wireless Emergency Alert (WEA) rules. No other information
collections contained in the Commission's regulations will be impacted
by the new rules described herein.
The WEA system is a mechanism under which Commercial Mobile Service
(CMS) providers may elect to transmit emergency alerts to the public.
The Commission created WEA (previously known as the Commercial Mobile
Service Alert System) as required by Congress in the Warning Alert and
Response Network (WARN) Act and to satisfy the Commission's mandate to
promote the safety of life and property through the use of wire and
radio communication.
On January 1, 2021, Congress passed the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (NDAA21).
Section 9201 of the NDAA21 required the Commission to complete a
rulemaking and adopt rules within 180 days to make certain changes to
its WEA regulations, and also to its separate Emergency Alert System
(EAS) regulations governing broadcast, cable television, and direct
satellite media emergency alerts. With respect to the WEA rule changes,
section 9201 directed the Commission to ensure that the mobile devices
of CMS providers that have elected to participate in WEA cannot opt out
of receiving WEA alerts from the Federal Emergency Management Agency
(FEMA) Administrator, and to enable reporting by the FEMA Administrator
and State, Tribal, or local governments of false WEA alerts. On June
21, 2021, the Commission released its Report and Order in PS Dockets
15-91 and 15-94 (NDAA21 Alerting Order), FCC 21-77, adopting the WEA
and EAS changes directed by Congress in the NDAA21. The EAS changes are
the subject of a different notice to be published separately.
The NDAA21 Alerting Order implemented Congresses' new directives
for WEA, in part, with two new regulations that impose new burdens on
respondents: The handset display update, and false alert reporting.
Handset Display Update
In the NDAA21 Alerting Order, the Commission combined the current
non-optional class of WEA ``Presidential Alerts'' with FEMA
Administrator Alerts into a new renamed alert class named ``National
Alerts.'' Participating CMS providers that have chosen to display the
phrase ``Presidential Alert'' on their handsets are required to either
discontinue the handset's use of that phrase or otherwise change those
displays to read ``National Alert'' by July 31, 2022. Network
infrastructure that is technically incapable of meeting this
requirement, such as legacy devices or networks that cannot be updated
to support header display changes, are exempt from this requirement.
The handset display changes are necessary to avoid confusion when
wireless subscribers receive a non-optional emergency alert from the
FEMA Administrator instead of the President.
The handset display update regulation is codified at 47 CFR
10.11(b).
False Alert Reporting
Also in the NDAA21 Alerting Order, the Commission adopted a rule
permitting the FEMA Administrator or a State, local, Tribal, or
territorial government to voluntarily report WEA false alerts to the
FCC Operations Center at <a href="/cdn-cgi/l/email-protection#d29491919d828192b4b1b1fcb5bda4"><span class="__cf_email__" data-cfemail="014742424e5152416762622f666e77">[email protected]</span></a>, informing the Commission of
the event and any relevant details. This rule creates a voluntary
mechanism for collection of information so that the Commission can
monitor these false alert events which can undermine public confidence
in the reliability of emergency alerting and WEA. Email reporting was
adopted as a minimally-burdensome way for government entities to report
false alerts.
The WEA false alert reporting regulation is codified at 47 CFR
10.520(d)(2).
OMB Control Number: 3060-0207.
Title: Part 11--Emergency Alert System (EAS), Order, FCC 21-77.
Form No.: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit; Not-for-profit
institutions; State, Local, or Tribal Government.
[[Page 72600]]
Number of Respondents and Responses: 63,084 respondents; 3,588,845
responses.
Estimated Time per Response: 0.017 hours-112 hours.
Frequency of Response: Annual, on occasion and one-time reporting
requirements.
Obligation to Respond: Mandatory and Voluntary. Statutory authority
for this information collection is contained in 47 U.S.C. 154(i) and
606 of the Communications Act of 1934, as amended.
Total Annual Burden: 141,414 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: No Impact(s).
Nature and Extent of Confidentiality: The Commission shares
aggregated and individual State EAS Plan data on a confidential basis
with other Federal agencies and state governmental emergency management
agencies that have confidentiality protection at least equal to that
provided by the Freedom of Information Act.
Needs and Uses: Part 11 contains rules and regulations addressing
the nation's Emergency Alert System (EAS). The EAS provides the
President with the capability to provide immediate communications and
information to the general public during periods of national emergency
over broadcast television and radio, cable, direct broadcast radio and
other EAS Participants, as defined in Sec. 11.11(a) of the
Commission's rules The EAS also provides state and local governments
and the National Weather Service with the capability to provide
immediate communications and information to the public concerning
emergency situations posing a threat to life and property. Part 11
includes testing requirements to ensure proper and efficient operation
of the EAS. State and local use of the EAS, alert processing
requirements, and monitoring assignments covering the distribution of
EAS alerts within the state, among other things, are required to be
described in State EAS Plans that are administered by State Emergency
Communications Committees (SECC) and submitted to the FCC annually for
approval.
The Order, PS Docket Nos. 15-91 and 15-94, FCC 21-77, pursuant to
the directions set forth in Section 9201 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021,
Public Law 116-283, 134 Stat. 3388, section 9201 (NDAA21), among other
things, (i) requires the Public Safety and Homeland Security Bureau
(Bureau) to establish a State EAS Plan Content Checklist composed of
the content set forth in Sec. 11.21 of the Commission's rules, (47 CFR
11.21), post the checklist on the FCC's website, and incorporate it as
an appendix in ARS user manual; (ii) amend the State EAS Plan
requirements in Sec. 11.21 of the Commission's rules to ensure plans
are updated annually, require 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, and
require that the Bureau approve or reject State EAS Plans submitted for
approval within 60 days of receipt; and (iii) 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. The Order also amends Sec. 11.45 of
the part 11 rules to enable voluntary reporting to the Commission by
the FEMA Administrator and Tribal, State, local or territorial
governments of false EAS alerts.
The Commission seeks OMB approval of these rule amendments as a
modification of a previously approved information collection. Congress
has determined that EAS rule changes are necessary to increase
oversight over the distribution of state and local EAS alerts within
states, and increase false alert reporting capabilities to help
ameliorate confusion or other harmful effects that might result from
false EAS alerts. The internal State EAS Plan processing requirements
and rule changes adopted in the Order will improve State EAS Plan
processing and administration, improving the capabilities and efficacy
of EAS as a national system for distributing vital alert information to
all Americans, and will do so in a cost-effective manner.
The following information collections contained in Part 11 may be
impacted by the rule amendments described herein.
State EAS Plans (47 CFR 11.21)
The establishment of a State EAS Plan Content Checklist for SECCs
should have no impact or lessen SECC burdens, and posting it on the
FCC's website, and incorporating it as an appendix in the ARS user
manual, are routine Bureau activities. The requirement to ensure State
EAS Plans are updated annually already was contained in Sec. 11.21,
and thus does not represent a new burden.
The amendment to include as a required element in the State EAS
Plan, a certification (which will be incorporated into the ARS) 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 should promote added
diligence in SECC administration of State EAS Plans. The Commission
estimates the burden to SECC members in complying with this requirement
to be two hours per member.
The rule amendment requiring the Bureau approve or reject State EAS
Plans submitted for approval within 60 days of receipt does not impose
new burdens on any entity. The Bureau already is charged with reviewing
State EAS Plans. The internal requirement that the Bureau 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, does not impose new burdens on any entity. The Bureau already
maintains a web page on the Commission's website dedicated to SECC and
State EAS Plan information.
False EAS Alert Reporting (47 CFR 11.45)
The amendment enabling the FEMA Administrator and Tribal, State,
local or territorial governments to file reports of false EAS alerts
provides another mechanism for the Commission to receive information
concerning false EAS alerts, does not impose burdens on any entity.
Should any permitted government entity voluntarily elect to file a
false EAS alert report, the burden associated with this provision
amounts to composing an email, which the Commission estimates will take
an hour or less to prepare, and falls within the routine activities of
government employees. False alert reports help the Commission to
identify, investigate, correct and prevent false EAS activations, which
enhances the EAS's efficacy and the public trust in the EAS.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison, Office of the Secretary.
[FR Doc. 2021-27882 Filed 12-20-21; 4:15 pm]
BILLING CODE 6712-01-P
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