Proposed Rule2024-08271
The Emergency Alert System and Wireless Emergency Alerts
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
April 18, 2024
Effective
May 20, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on a proposal to adopt a new Emergency Alert System (EAS) event code for the delivery of critical messages to the public over television and radio about missing and endangered persons.
Full Text
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<title>Federal Register, Volume 89 Issue 76 (Thursday, April 18, 2024)</title>
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[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Proposed Rules]
[Pages 27699-27711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08271]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[PS Docket Nos. 15-91, 15-94; FCC 24-30; FR ID 212382]
The Emergency Alert System and Wireless Emergency Alerts
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on a proposal to adopt a new Emergency Alert
System (EAS) event code for the delivery of critical messages to the
public over television and radio about missing and endangered persons.
DATES: Comments are due on or before May 20, 2024 and reply comments
are due on or before June 17, 2024.
ADDRESSES: 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 this document.
Comments and reply 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). Interested
parties may file comments or reply comments, identified by PS Docket
Nos. 15-91 and 15-94 by any of the following methods: You may submit
comments, identified by PS Docket Nos. 15-91 and 15-94, by any of the
following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All
[[Page 27700]]
filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
<bullet> 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.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> 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, 35 FCC Rcd 2788 (March 19, 2020),
<a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
<bullet> People with Disabilities. 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#187e7b7b2d282c587e7b7b367f776e"><span class="__cf_email__" data-cfemail="95f3f6f6a0a5a1d5f3f6f6bbf2fae3">[email protected]</span></a> or
call 1-888-CALL-FCC (voice).
FOR FURTHER INFORMATION CONTACT: Theodore Marcus of the Office of
Intergovernmental Affairs, Consumer and Governmental Affairs Bureau, at
<a href="/cdn-cgi/l/email-protection#dda9b5b8b2b9b2afb8f3b0bcafbea8ae9dbbbebef3bab2ab"><span class="__cf_email__" data-cfemail="e09488858f848f9285ce8d8192839593a0868383ce878f96">[email protected]</span></a> or (202) 418-2610; Dana Bowers of the Consumer
Policy Division, Consumer and Governmental Affairs Bureau, at
<a href="/cdn-cgi/l/email-protection#fc989d929dd29e938b998e8fbc9a9f9fd29b938a"><span class="__cf_email__" data-cfemail="c6a2a7a8a7e8a4a9b1a3b4b586a0a5a5e8a1a9b0">[email protected]</span></a> or (202) 418-2809.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), in PS Docket Nos. 15-91 and 15-94; FCC
24-30, adopted on March 14, 2024, and released on March 15, 2024. The
full text of this document is available online at <a href="https://www.fcc.gov/document/fcc-proposes-new-emergency-alert-code-missing-endangered-adults">https://www.fcc.gov/document/fcc-proposes-new-emergency-alert-code-missing-endangered-adults</a>.
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 through 1.1216. Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentations and not merely a
listing of the subjects discussed. See 47 CFR 1.1206(b). Other rules
pertaining to oral and written ex parte presentations in permit-but-
disclose proceedings are set forth in Sec. 1.1206(b) of the
Commission's rules, 47 CFR 1.1206(b).
Initial Paperwork Reduction Act of 1995 Analysis
The NPRM may contain proposed new or modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and OMB
to comment on any information collection requirements contained in this
document, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
seeks specific comment on how to further reduce the information
collection burden for small business concerns with fewer than 25
employees.
Providing Accountability Through Transparency Act
The Providing Accountability Through Transparency Act, Public Law
118-9, requires each agency, in providing notice of a rulemaking, to
post online a brief plain-language summary of the proposed rule. The
required summary of the NPRM is available at <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
1. This NPRM, initiates a proceeding to amend Sec. 11.31(e) of the
Emergency Alert System (EAS) rules to adopt a new EAS event code for
missing and endangered person incidents, ``MEP'', and seeks comment on
this proposal. The proposed new MEP event code will allow for the
coordination of and uniformity in the transmission of ``Ashanti
Alerts'' associated with persons missing or abducted from states,
territories, or Tribal communities that fall outside of AMBER Alert
notification criteria to the public. While of a widespread concern, the
issue of missing and endangered person is particularly prevalent in
Tribal communities, where American Indian and Alaska Native people are
at a disproportionate risk of experiencing violence, murder, or
vanishing. The Commission proposes and seeks comment on whether adding
a MEP event code to the EAS to trigger missing and endangered person
alerts would serve the public interest by furthering the goal of the
Ashanti Alert Act to disseminate information to the public that
protects law enforcement officials, and the public at large.
2. The EAS and Wireless Emergency Alerts (WEA) systems are used to
distribute tens of thousands of warnings to the public every year,
providing critical notice of emergencies ranging from severe weather
events, such as tornados and hurricanes, to natural disasters, such as
tsunamis and wildfires, to civil emergencies, such as AMBER alerts and
law enforcement warnings. These emergency alerts provide critical
information and empower affected communities to take appropriate action
and aid public safety officials in their efforts to address
emergencies. Will having a coordinated and uniform missing and
endangered person alert network help public safety officials and others
investigating the number of such incidents? Will it benefit the public?
The Commission seeks comment on these proposals.
3. Of particular relevance to this proceeding, the EAS Protocol
currently utilizes a three-character ``event code'' to describe the
nature of the alert (e.g., ``CAE'' signifies a Child Abduction
Emergency, otherwise known as an AMBER Alert). In 2022, approximately
187,000 adults who fell outside of the criteria for AMBER Alerts went
missing in the United States. The Commission proposes to revise the
Commission's EAS rules to add a new MEP event code for all EAS alerts
about missing and endangered person incidents that do not meet the
criteria for an AMBER Alert.
4. EAS Architecture. The EAS is a national public warning system
through which TV and radio broadcasters, cable systems, and other
service providers (``EAS Participants'') deliver alerts to the public
to warn them of impending emergencies and dangers to life and property.
The primary purpose of the EAS is to furnish the President with the
capability to provide immediate communications and information to the
general public at the national, state and local area levels during
periods of national emergency. The common usage of the EAS, is to
distribute alerts issued by state and local governments, as well as by
the National Weather Service (NWS) to the public. While EAS
Participants are required to broadcast Presidential alerts (and certain
test alerts designed to ensure the EAS is functioning properly), they
participate in broadcasting state and local EAS alerts voluntarily. The
Commission, the Federal Emergency Management Agency (FEMA), and the NWS
implement the EAS at the federal level. EAS alerts are configured using
the EAS Protocol, which utilizes fixed codes to identify the various
elements of an EAS alert so that each alert can deliver accurate,
secure, and geographically-targeted alerts to the public. For over two
decades, the EAS has proven to be an effective method of alerting the
public and saving lives and property. The Commission seeks comment on
the
[[Page 27701]]
efficacy of the EAS as a mechanism for the delivery of missing and
endangered person alerts.
5. EAS Participants have discretion as to whether they issue EAS
alerts other than the National Alert. As with other non-Presidential
alerts, EAS Participants' carriage of missing and endangered person
alerts and use of the MEP event code would be voluntary. Would EAS
Participants be more likely to retransmit missing and endangered person
alerts with a dedicated MEP event code?
6. The EAS distributes messages in one of two ways. The first
method is through a broadcast-based, hierarchical alert message
distribution system in which an alert message originator at the local,
state or national level encodes (or arranges to have encoded) a message
in the EAS Protocol. The alert is then broadcast from one or more EAS
Participants, and subsequently relayed from one station to another
until all affected EAS Participants have received the alert and
delivered it to the public. This process of EAS alert distribution
among EAS Participants is often referred as the ``daisy chain''
distribution architecture. Because this EAS architecture has been in
place since the inception of the EAS, it is often referred to as the
``legacy EAS.'' The second method of distribution is an IP-based
process. Since June 30, 2012, authorized emergency alert authorities
have been able to distribute EAS alerts over the internet to EAS
Participants (who in turn deliver the alert to the public) by
formatting those alerts in the Common Alerting Protocol (CAP) and
delivering those alerts through the FEMA-administered Integrated Public
Alert and Warning System (IPAWS). This process for distributing alerts
to EAS Participants represents the ``CAP-based'' EAS. Both the legacy
and CAP-based EAS architectures are designed so that EAS Participants
deliver to the public the alert content they receive from the EAS
sources they monitor. Further, the EAS architecture and equipment is
designed to operate automatically, without any intervention from the
EAS Participant, both to minimize the risk of operator error and to
facilitate EAS operation at unattended stations. EAS alerts delivered
over the IPAWS can contain detailed text files, non-English alerts, or
other content-rich data that is not always available in EAS alerts
delivered via the broadcast-based daisy chain. Do missing and
endangered person alerts or ``Ashanti Alerts'' routinely contain extra
text files or other data-rich content that would benefit from the
capabilities of IPAWS? Would it have a negative impact on the value of
a dedicated MEP event code that such data-rich content may not be
delivered to all EAS Participants, depending on how they receive the
alert?
7. Wireless Emergency Alerts. The Wireless Emergency Alert system
is a tool for authorized federal, state, local, and Tribal governments
to geographically target alerts and warnings to the WEA-capable mobile
devices of participating commercial mobile service providers'
subscribers. Many people within the United States depend on WEA, as
well as EAS, for public alerts and warnings. However, the WEA does not
use event codes in the same manner as EAS. Rather, alert origination
software and FEMA IPAWS map EAS event codes onto WEA handling codes
that correspond to the alert message classifications that the
Commission authorizes for issuance over WEA: National Alert, Imminent
Threat Alert, AMBER Alert, and Public Safety Message. What effect would
the adoption of an MEP event code for EAS have on WEA? Should the WEA
rules be revised to create a separate alert message classification for
missing endangered persons alerts? Should alert origination software
and FEMA IPAWS map the MEP code onto the AMBER Alert message
classification, the Public Safety Message Classification, or a new
alert message classification specifically for missing and endangered
person alerts? If missing and endangered person alerts, including
Ashanti Alerts, merit a unique WEA alert message classification, should
participating Commercial Mobile Service (CMS) Providers be required to
enable alert originators or the public to silence the audio attention
signal and/or vibration cadence when they issue a missing and
endangered person alert? If an alert were deliverable without the audio
attention signal and/or without the vibration cadence, would Alert
Originators be more likely to use WEA when a person was missing and/or
endangered?
8. Ashanti Alerts. Enacted in 2018, the Ashanti Alert Act was named
in honor of Ashanti Billie, a 19-year-old woman who was abducted in
Virginia and found dead in North Carolina in 2017. Ashanti Alerts are
intended to aid in the search and recovery of missing persons over the
age of 17 who fall outside the scope of America's Missing: Broadcast
Emergency Response (AMBER) Alerts and Silver Alerts. The Ashanti Alert
Act required the DOJ to designate a National Ashanti Alert
Coordinator--the Bureau of Justice Assistance (BJA)--to, among other
things, work with state and Tribal authorities to encourage the
enhancement or development of Ashanti Alert plans within their
jurisdiction and establish voluntary guidelines to use in creating
plans that will promote a compatible and integrated network of Ashanti
Alert plans throughout the United States. The BJA also must coordinate
and consult with the Federal Communications Commission and other
federal agencies in carrying out activities under the Act. The BJA with
the DOJ are to establish a national communications network to provide
assistance to regional and local search efforts for missing adults
through the initiation, facilitation, and promotion of local elements
of the network, in coordination with states, Tribal authorities, units
of local government, law enforcement agencies, and other concerned
entities with expertise in providing services to adults. The Commission
seeks comment on whether the EAS could accommodate missing and
endangered person alerts, including Ashanti Alerts, as effectively as
it does other types of alerts. Are there constraints that would impede
the ability of the EAS to contain the information required under the
Ashanti Alert Act and envisioned by BJA guidance? Can the relevant
information be communicated within a two-minute time frame, for
example?
9. Would having an MEP event code be consistent with BJA's
guidance, and allow for the issuing of ``Ashanti Alerts'', i.e., alerts
related to (1) individuals over the age of 17; (2) missing adults who
have special needs or circumstances; and (3) missing adults who are
endangered or who have been abducted or kidnapped. Should the MEP event
code be limited to the criteria for an Ashanti Alert? How would
limiting this event code to Ashanti Alert criteria impact missing and
endangered person alerts that did not meet the criteria of an AMBER
alert or an Ashanti Alert? Should other criteria be considered as well?
Could such an event code be used for missing children events that do
not meet the criteria for an AMBER alert? Could such an event code be
used for Silver Alerts? What are the benefits of having one event code
for all missing and endangered person events that do not meet the
criteria of an AMBER alert vis a vis one more limited in scope? What
are the consequences of only having one such code?
10. Several states, territories, and Tribal governments already
have Ashanti Alert plans, Ashanti Alert Act compliant plans, missing
and endangered person plans, or have legislative proposals for such
plans. Additionally, there are regional alert networks that operate
independently of
[[Page 27702]]
State Networks; those regional programs must be contacted separately to
request activation. The implementation of these plans vary, and the
current patchwork of notification systems may cause delay in the
dissemination of these alerts. The Commission seeks comment on how many
states, territories, and Tribal governments already have such plans or
proposals in place, and for those plans already in place, how are they
working in practice? Where such plans or proposals exist, what are
their core components? What are the experiences of states, territories,
and Tribal governments that have adopted missing and endangered person
alerts or ``Ashanti Alerts'' as part of their alerting systems?
11. Currently, alert originators who issue missing and endangered
person alerts that do not meet the criteria of an AMBER Alert use a
variety of event codes to issue such alerts. The ``Local Area
Emergency'' and ``Law Enforcement Warning'' event codes are the most
commonly used event codes for these incidents. The Commission seeks
comment on the distribution methods states, territories, and Tribal
governments currently employ to deliver alerts for missing and
endangered persons or ``Ashanti Alerts''. To the extent they use
different distribution methods to deliver these alerts, do the various
distribution methods detract from the effectiveness of the alerts? To
what extent do EAS Participants retransmit generic event codes, such as
Civil Emergency Message (CEM) or Law Enforcement Warning (LEW) under
which non-AMBER missing and endangered person alerts are currently
sent? Will creating a specific MEP event code for missing and
endangered persons be beneficial to alert originators who may use it
and EAS Participants who may retransmit it? Would a dedicated MEP event
code help ensure that Ashanti Alerts and related outreach are
undertaken in a consistent manner nationally?
12. Will creating such an event code facilitate the transmission of
Ashanti Alerts and thus promote the establishment, development,
enhancement, and integration of a national communications network to
provide assistance to regional and local search efforts for missing
adults, as called for in the Ashanti Alert Act? The Ashanti Alert Act
encourages states, territories, and Tribal governments to develop or
enhance their Ashanti Alert or missing and endangered person plans. It
also seeks to facilitate the integration of those plans into a national
network to assist and optimize regional and local search efforts for
missing or endangered adults. By adopting a new ``MEP'' event code,
will it facilitate the rapid and coordinated delivery of alert
notifications about missing and endangered persons to the public in a
uniform and consistent manner? The Commission seeks comment on this
approach.
13. What actions have states, territories, and Tribal governments
taken to educate the public on missing and endangered person and
Ashanti Alerts and the appropriate responses to those alerts. Are there
model Public Service Announcements (PSAs) in use that educate the
public about missing and endangered persons or Ashanti Alerts? How
often have such alerts been activated and through what means or media
have they been issued? How has the public reacted to these alerts?
Provide examples of all available public responses to missing and
endangered person and Ashanti Alerts that have been delivered since the
adoption of the Ashanti Alert Act and BJA's Ashanti Alert guidance.
14. Would the adoption of MEP as a dedicated EAS event code
encourage EAS Participants to deliver missing and endangered person
alerts, including Ashanti Alerts? Would MEP as a dedicated EAS event
code provide a central and organizing element for missing and
endangered person and Ashanti Alert plans across the nation and, thus,
facilitate the work of the National Ashanti Alert Network? How might
the public respond to an MEP event code? Would establishing MEP as a
dedicated EAS event code allow law enforcement to provide a warning
that the public recognizes immediately as an alert for a missing or
endangered person? Would a dedicated event code convey the appropriate
sense of urgency to the public and galvanize the public awareness
necessary to aid in the finding of missing or endangered adults? Would
a dedicated event code facilitate consistent and effective public
outreach educating the public to recognize and respond to ``Ashanti
Alerts''?
15. Would the availability of a dedicated EAS event code would
promote the adoption or enhancement of Ashanti Alerts or missing and
endangered person alerts throughout the nation? Would a dedicated EAS
event code help integrate existing plans into a coordinated national
network? Would the ability of law enforcement agencies to use existing
EAS distribution networks alleviate any burden associated with
designing and implementing individual missing and endangered person or
Ashanti Alert plans? Would the implementation of a dedicated EAS event
code encourage states and Tribal governments that do not have missing
and endangered person or Ashanti Alert plans to adopt one? Are there
widely-recognized ``best practices'' for Ashanti Alert plans? If so, to
what extent would the adoption of the proposed MEP event code enhance
the effectiveness of those ``best practices''?
16. Currently, EAS Alerts are limited to the geographic contours
and service areas of broadcasters and cable service providers. Are
there any geographic or service area limitations that would pose
challenges to the effectiveness of missing and endangered person
alerts, including Ashanti Alerts, which--per statutory requirements--
must be delivered to ``geographic areas that the missing adult could
reasonably reach, considering the circumstances and physical and mental
condition of the missing adult, the modes of transportation available
to the missing adult, and the circumstances of the disappearance?'' How
should the term ``reasonably'' be construed in this context and how
does such construction impact EAS Participants' ability to disseminate
these alerts? Are there differences between EAS Participants (e.g.,
small versus large cable operators) that affect the ability to target
geographic areas as prescribed for the alerts?
17. Has the lack of a dedicated EAS event code impeded the adoption
of missing and endangered person or Ashanti Alert plans? Would
utilizing the EAS structure help integrate existing plans into a
coordinated national framework? Would integrating existing missing and
endangered person and Ashanti Alert plans into the EAS structure help
individual states, territories, and Tribal governments work together
when missing adults have been, or potentially have been transported
across state lines, as envisioned by the Ashanti Alert Act?
18. Would a dedicated EAS event code help save the lives? For
example, would using a dedicated EAS event code facilitate faster
information sharing and dissemination of information to the public?
Could it potentially provide an additional path of communication to
others who may be best positioned to quickly provide assistance,
including the media and off-duty public safety official? Could this
save lives, not just of those whose disappearance prompts an alert but
of others who might otherwise be harmed by the emergency? Comment are
sought on potential benefits and cost reductions.
19. Savanna's Act. Savanna's Act was named after Savanna
LaFontaine-
[[Page 27703]]
Greywind, a pregnant member of the Spirit Lake Tribe who was found
brutally murdered in the Red River of North Dakota in 2017. The Act
sought to clarify federal, state, Tribal authority, and local law
enforcement responsibilities with respect to the collecting and sharing
of data related to missing or murdered Indigenous persons, regardless
of whether they reside on or off Tribal land. It directs U.S. attorneys
to develop regionally appropriate guidelines for responding to missing
or murdered Indigenous persons.
20. Missing and Endangered Indigenous Persons. Native communities
have historically been disproportionately affected by missing person
cases, with Native Americans constituting 2.5% of all missing person
cases despite comprising only 1.2% of the U.S. population. Should the
Commission consider an additional dedicated EAS event code for missing
Indigenous persons on and off Tribal land? Would establishing a
dedicated event code for missing Indigenous persons aid in resolving
this disparity? Would such a dedicated event code help law enforcement
in locating missing Indigenous persons? Who would be considered
``Indigenous'' for use purposes of this code? Alternatively, would it
be more effective to use the proposed MEP code, rather than using a
separate dedicated event code?
21. Tribal Consultation. The Commission anticipates that any
revisions to the rules implementing a dedicated ``MEP'' event code
would benefit from Tribal consultation. The Office of Native Affairs
and Policy (ONAP) is directed to coordinate government-to-government
consultation with Tribal Nations about the topics raised in this NPRM.
ONAP will announce the commencement of a Tribal consultation via public
notice. Tribal Nations may also notify ONAP of their desire for
consultation via email to <a href="/cdn-cgi/l/email-protection#bef0dfcad7c8dbfed8dddd90d9d1c8"><span class="__cf_email__" data-cfemail="135d72677a6576537570703d747c65">[email protected]</span></a>.
22. The Commission seeks comment to ensure that missing and
endangered person alerts, including Ashanti Alerts, will provide for
the protection of the civil liberties and sensitive medical information
of missing adults as required by the Ashanti Alert Act. Are there any
particular privacy or other civil liberties concerns that should be
considered in implementing the proposed MEP event code? How can alerts
comply with all applicable federal, state, Tribal and local privacy
laws and regulations? Are there particular standards that should be
adopted in order to provide protections against domestic violence?
Comments are sought on these and any other safety, privacy and civil
liberties concerns.
23. Timeframe. The Commission seeks comment on the timeframe in
which MEP as a dedicated EAS event code for missing and endangered
person alerts, including Ashanti Alerts, could be implemented. The
Commission proposes that EAS equipment manufacturers integrate the MEP
event code for missing and endangered person alerts, including Ashanti
Alerts, into equipment yet to be manufactured and make necessary
software upgrades available to EAS Participants, no later than twelve
months from the effective date of the rules. Comments are sought on
this proposal and, if commenters disagree with the analysis or proposed
timeframe, please specify alternatives and the specific technical bases
for such alternatives.
24. The Commission proposes allowing EAS Participants to implement
the new event codes on a voluntary basis through new equipment
programmed to contain the code or through a software upgrade to install
the code into equipment already in place. This approach has been taken
in the past when adopting other new EAS event codes, and the record
does not reflect any basis to take a different approach. Comments are
sought on this approach.
25. Benefits and costs. Comments are requested on the total
benefits and costs associated with the proposed addition of the MEP
event code to the EAS. The Commission seeks comment on the costs of the
proposed event code. For those states, territories, or Tribal
governments that have adopted missing and endangered person or Ashanti
Alert plans, have those alerts been effective in locating missing,
abducted, and/or endangered persons? Would a dedicated EAS code produce
a more efficient result than utilizing an existing event code or an
alternate delivery mechanism?
26. Would the adoption of a dedicated EAS event code help
facilitate a partnership similar to AMBER Alerts? Is statistical
information concerning AMBER Alerts relevant to missing and endangered
person alerts? Is it reasonable to expect the success rate for missing
and endangered person alerts, including Ashanti Alerts, to be similar
to AMBER Alerts? Would the adoption of a dedicated EAS event code
reduce the time to find a lost or abducted person?
27. The Commission believes that adopting a dedicated EAS event
code, ``MEP'', presents technical issues similar to the ones the
Commission encountered when creating ``BLU Alert'' codes, and that the
alert codes could be implemented by EAS Participants via minimally
burdensome and low-cost software downloads. For those reasons, the
Commission expects that the same costs would apply to the adoption of
an MEP event code for missing and endangered persons and concludes that
the implementation costs for adding a dedicated MEP event code would be
approximately $12 million, adjusted for inflation. Comments are sought
on this analysis and on the cost to EAS equipment manufacturers to
create software updates, test these updates, supply them to their
customers, oversee these updates, and provide any related customer
support.
28. EAS Participants are required to have equipment that would be
capable of being upgraded by software to accommodate EAS modifications.
Could a new event code be bundled with a software upgrade that EAS
Participants would install during the regular course of business?
Comments are sought on this analysis.
29. Are there costs or benefits that should be considered that are
not captured in the above discussion? If commenters disagree with these
analysis or calculations, they should specify alternative methods and
the specific technical bases for such alternatives. The Commission
seeks comment on whether there are alternative or additional measures
that could be taken to improve the introduction of missing and
endangered person alerts, including Ashanti Alerts, over the EAS to
promote the important public policy objective of enabling a rapid and
coordinated response to incidents involving missing and endangered
persons.
Initial Regulatory Flexibility Analysis
30. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission) has
prepared an 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. The Commission
requests written public comments on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments specified in 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).
31. Legal Basis. Proposed action is authorized pursuant to
Sec. Sec. 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403,
[[Page 27704]]
624(g), 706, and 715 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), 606, and 615.
32. 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 Small Business Administration
(SBA).
33. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. These actions, over time, may affect small entities that
are not easily categorized at present. The Commission therefore
describes, 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 33.2 million businesses.
34. 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.
35. 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, the Commission estimates that at
least 48,971 entities fall into the category of ``small governmental
jurisdictions.''
36. 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
SBA 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 in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2021 Universal
Service Monitoring Report, as of December 31, 2020, there were 797
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 715
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
37. Broadband Personal Communications Service. The broadband
personal communications services (PCS) spectrum encompasses services in
the 1850-1910 and 1930-1990 MHz bands. 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.
38. Based on Commission data as of November 2021, there were
approximately 5,060 active licenses in the Broadband PCS service. The
Commission's small business size standards with respect to Broadband
PCS involve eligibility for bidding credits and installment payments in
the auction of licenses for these services. In auctions for these
licenses, the Commission defined ``small business'' as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and a ``very small business'' as an entity that, together with its
affiliates and controlling interests, has had average annual gross
revenues not exceeding $15 million for the preceding three years.
Winning bidders claiming small business credits won Broadband PCS
licenses in C, D, E, and F Blocks.
39. 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, it is not able to estimate the number of
licensees with active licenses that would qualify as small under the
SBA's small business size standard at this time.
40. Narrowband Personal Communications Services. Narrowband
Personal Communications Services (Narrowband PCS) are PCS services
operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. PCS
services are radio communications that encompass mobile and ancillary
fixed communication that provide services to individuals and businesses
and can be integrated with a variety of competing networks. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to these services.
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.
[[Page 27705]]
41. According to Commission data as of December 2021, there were
approximately 4,211 active Narrowband PCS licenses. The Commission's
small business size standards with respect to Narrowband PCS involve
eligibility for bidding credits and installment payments in the auction
of licenses for these services. For the auction of these licenses, the
Commission defined a ``small business'' as 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 defined as an entity that, together with affiliates
and controlling interests, has average gross revenues for the three
preceding years of not more than $15 million. Pursuant to these
definitions, 7 winning bidders claiming small and very small bidding
credits won approximately 359 licenses. One of the winning bidders
claiming a small business status classification in these Narrowband PCS
license auctions had an active license as of December 2021.
42. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
43. Wireless Communications Services. Wireless Communications
Services (WCS) can be used for a variety of fixed, mobile,
radiolocation, and digital audio broadcasting satellite services.
Wireless spectrum is made available and licensed for the provision of
wireless communications services in several frequency bands subject to
Part 27 of the Commission's rules. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with a SBA small business
size standard applicable to these services. 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.
44. The Commission's small business size standards with respect to
WCS involve eligibility for bidding credits and installment payments in
the auction of licenses for the various frequency bands included in
WCS. When bidding credits are adopted for the auction of licenses in
WCS frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in Part 27 of the Commission's rules
for the specific WCS frequency bands.
45. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
46. 700 MHz Guard Band Licensees. The 700 MHz Guard Band
encompasses spectrum in 746-747/776-777 MHz and 762-764/792-794 MHz
frequency bands. Wireless Telecommunications Carriers (except
Satellite) is the closest industry with a SBA small business size
standard applicable to licenses providing services in these bands. 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.
47. According to Commission data as of December 2021, there were
approximately 224 active 700 MHz Guard Band licenses. The Commission's
small business size standards with respect to 700 MHz Guard Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, five winning bidders claiming one of the small business
status classifications won 26 licenses, and one winning bidder claiming
small business won two licenses. None of the winning bidders claiming a
small business status classification in these 700 MHz Guard Band
license auctions had an active license as of December 2021.
48. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
49. Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses
spectrum in the 698-746 MHz frequency bands. Permissible operations in
these bands include flexible fixed, mobile, and broadcast uses,
including mobile and other digital new broadcast operation; fixed and
mobile wireless commercial services (including FDD- and TDD-based
services); as well as fixed and mobile wireless uses for private,
internal radio needs, two-way interactive, cellular, and mobile
television broadcasting services. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with a SBA small business
size standard applicable to licenses providing services in these bands.
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
[[Page 27706]]
standard, the Commission estimates that a majority of licensees in this
industry can be considered small.
50. According to Commission data as of December 2021, there were
approximately 2,824 active Lower 700 MHz Band licenses. The
Commission's small business size standards with respect to Lower 700
MHz Band licensees involve eligibility for bidding credits and
installment payments in the auction of licenses. For auctions of Lower
700 MHz Band licenses the Commission adopted criteria for three groups
of small businesses. A very small business was defined as an entity
that, together with its affiliates and controlling interests, has
average annual gross revenues not exceeding $15 million for the
preceding three years, a small business was defined as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and an entrepreneur was defined as an entity that, together with its
affiliates and controlling interests, has average gross revenues not
exceeding $3 million for the preceding three years. In auctions for
Lower 700 MHz Band licenses seventy-two winning bidders claiming a
small business classification won 329 licenses, twenty-six winning
bidders claiming a small business classification won 214 licenses, and
three winning bidders claiming a small business classification won all
five auctioned licenses.
51. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
52. Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are
nationwide licenses associated with the 758-763 MHz and 788-793 MHz
bands. Permissible operations in these bands include flexible fixed,
mobile, and broadcast uses, including mobile and other digital new
broadcast operation; fixed and mobile wireless commercial services
(including FDD- and TDD-based services); as well as fixed and mobile
wireless uses for private, internal radio needs, two-way interactive,
cellular, and mobile television broadcasting services. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to licenses
providing services in these bands. 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 that
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.
53. According to Commission data as of December 2021, there were
approximately 152 active Upper 700 MHz Band licenses. The Commission's
small business size standards with respect to Upper 700 MHz Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, three winning bidders claiming very small business status
won five of the twelve available licenses.
54. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
55. Advanced Wireless Services (AWS)--(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); 2000-2020 MHz
and 2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in
these bands for the provision of various wireless communications
services. Wireless Telecommunications Carriers (except Satellite) is
the closest industry with a SBA small business size standard applicable
to these services. 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.
56. According to Commission data as December 2021, there were
approximately 4,472 active AWS licenses. The Commission's small
business size standards with respect to AWS involve eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of AWS licenses, the Commission 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. Pursuant to these
definitions, 57 winning bidders claiming status as small or very small
businesses won 215 of 1,087 licenses. In the most recent auction of AWS
licenses 15 of 37 bidders qualifying for status as small or very small
businesses won licenses.
57. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
58. Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
[[Page 27707]]
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.
59. In light of the use of wireless frequencies by BRS and EBS
services, the closest industry with an 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.
60. 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 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.
61. 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 it is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
62. The Educational Broadcasting Services. Cable-based educational
broadcasting services fall under the broad category of the Wired
Telecommunications Carriers industry. 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 a 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.
63. The SBA small business size standard for this industry
classifies businesses having 1,500 or fewer employees as small. U.S.
Census Bureau data for 2017 show that there were 3,054 firms in this
industry that operated for the entire year. Of this total, 2,964 firms
operated with fewer than 250 employees. Thus, under this size standard,
the majority of firms in this industry can be considered small.
Additionally, according to Commission data as of December 2021, there
were 4,477 active EBS licenses. The Commission estimates that the
majority of these licenses are held by non-profit educational
institutions and school districts and are likely small entities.
64. 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.
65. Software Publishers. This industry comprises establishments
primarily engaged in computer software publishing or publishing and
reproduction. Establishments in this industry carry out operations
necessary for producing and distributing computer software, such as
designing, providing documentation, assisting in installation, and
providing support services to software purchasers. These establishments
may design, develop, and publish, or publish only. The SBA small
business size standard for this industry classifies businesses having
annual receipts of $41.5 million or less as small. U.S. Census Bureau
data for 2017 indicate that 7,842 firms in this industry operated for
the entire year. Of this number 7,226 firms had revenue of less than
$25 million. Based on this data, the Commission concludes that a
majority of firms in this industry are small.
66. Noncommercial Educational (NCE) and Public Broadcast Stations.
Noncommercial educational broadcast stations and public broadcast
stations are television or radio broadcast stations
[[Page 27708]]
which under the Commission's rules are eligible to be licensed by the
Commission as a noncommercial educational radio or television broadcast
station and are owned and operated by a public agency or nonprofit
private foundation, corporation, or association; or are owned and
operated by a municipality which transmits only noncommercial programs
for education purposes.
67. The SBA small business size standards and U.S. Census Bureau
data classify radio stations and television broadcasting separately and
both categories may include both noncommercial and commercial stations.
The SBA small business size standard for both radio stations and
television broadcasting classify firms having $41.5 million or less in
annual receipts as small. For Radio Stations, U.S. Census Bureau data
for 2017 show that 1,879 of the 2,963 firms that operated during that
year had revenue of less than $25 million per year. For Television
Broadcasting, U.S. Census Bureau data for 2017 show that 657 of the 744
firms that operated for the entire year had revenue of less than
$25,000,000. While the U.S. Census Bureau data does not indicate the
number of non-commercial stations, it is estimated that under the
applicable SBA size standard the majority of noncommercial educational
broadcast stations and public broadcast stations are small entities.
68. According to Commission data as of March 31, 2022, there were
4,503 licensed noncommercial educational radio and television stations.
In addition, the Commission estimates as of March 31, 2022, there were
384 licensed noncommercial educational (NCE) television stations, 383
Class A TV stations, 1,840 LPTV stations and 3,231 TV translator
stations. The Commission does not compile and otherwise does not have
access to financial information for these stations that permit it to
determine how many stations qualify as small entities under the SBA
small business size standards. However, given the nature of these
services, it is presumed that all noncommercial educational and public
broadcast stations qualify as small entities under the above SBA small
business size standards.
69. 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, the Commission estimates a majority of such entities are
small entities.
70. The Commission estimates that as of December 31, 2023, there
were 4,444 licensed commercial AM radio stations and 6,663 licensed
commercial FM radio stations, for a combined total of 11,107 commercial
radio stations. Of this total, 11,105 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 January 9,
2024, and therefore these licensees qualify as small entities under the
SBA definition. In addition, the Commission estimates that as of
December 31, 2023, there were 4,286 licensed noncommercial (NCE) FM
radio stations, 1,967 low power FM (LPFM) stations, and 8,927 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, the Commission
presumes that all of these entities qualify as small entities under the
above SBA small business size standard.
71. The Commission notes that in assessing whether a business
concern qualifies as ``small'' under the above definition, business
(control) affiliations must be included. This estimate, therefore,
likely overstates the number of small entities that might be affected
by the 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 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.
72. 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 the Commission
concludes that the majority of FM Translator stations and Low Power FM
Stations are small. Additionally, according to Commission data, as of
December 31, 2023, there were 8,927 FM Translator Stations and 1,967
Low Power FM licensed broadcast stations. The Commission 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, it presumes the majority of these
stations are small entities.
73. 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 the Commission estimates that the majority
[[Page 27709]]
of television broadcasters are small entities under the SBA small
business size standard.
74. As of December 31, 2023, there were 1,380 licensed commercial
television stations. Of this total, 1,261 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 January 9, 2024, 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, 379 Class A TV
stations, 1,878 LPTV stations and 3,121 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, the
Commission presumes that all of these entities qualify as small
entities under the above SBA small business size standard.
75. Cable and Other Subscription Programming. The U.S. Census
Bureau defines this industry as establishments primarily engaged in
operating studios and facilities for the broadcasting of programs on a
subscription or fee basis. The broadcast programming is typically
narrowcast in nature (e.g., limited format, such as news, sports,
education, or youth-oriented). These establishments produce programming
in their own facilities or acquire programming from external sources.
The programming material is usually delivered to a third party, such as
cable systems or direct-to-home satellite systems, for transmission to
viewers. The SBA small business size standard for this industry
classifies firms with annual receipts less than $41.5 million as small.
Based on U.S. Census Bureau data for 2017, 378 firms operated in this
industry during that year. Of that number, 149 firms operated with
revenue of less than $25 million a year and 44 firms operated with
revenue of $25 million or more. Based on this data, the Commission
estimates that the majority of firms operating in this industry are
small.
76. Cable System Operators (Rate Regulation Standard). 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.
77. 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 498,000 subscribers, either directly or through affiliates, will
meet the definition of a small cable operator. Based on industry data,
only six cable system operators have more than 498,000 subscribers.
Accordingly, the Commission estimates that the majority of cable system
operators are small under this size standard. However, the Commission
neither requests nor collects information on whether cable system
operators are affiliated with entities whose gross annual revenues
exceed $250 million. Therefore, the Commission is unable 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 at this time.
78. 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.
79. 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.
80. 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
[[Page 27710]]
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.
81. 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, the Commission must
conclude based on internally developed data, in general DBS service is
provided only by large firms.
82. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities. The NPRM initiates a
proceeding to revise the Commission's EAS rules to adopt a new EAS
event code, MEP, which may require new reporting, recordkeeping, and
other compliance obligations for small and other EAS Participants that
voluntarily deliver emergency alerts issued by federal, state, local,
territorial, and Tribal authorities. Specifically, the NPRM proposes
that EAS participants limit alerts to include only the appropriate
information relating to the special needs of the missing adult, and
shared in geographic areas where the missing adult could reasonably
reach. The NPRM also seeks comment on how the term ``reasonable'' may
be construed in this context between small and large EAS participants.
The NPRM proposes that EAS participants be allowed to upgrade equipment
on a voluntary basis through new equipment programmed to contain the
code or through a software upgrade to install the code into existing
equipment, which may allow flexibility for small entities to comply.
Under the proposed rules, EAS equipment manufacturers would need to
update their equipment to integrate the MEP event code for Ashanti
Alerts in new equipment and through software upgrades within twelve
months of the effective date of the rules. While event codes such as
MEP are not required under the Commission's rules for wireless
providers that provide WEA, the NPRM seeks comment on whether adoption
of a dedicated EAS code for Ashanti Alerts would have any effect on
WEA, or whether guidance on classification of Ashanti Alerts would be
helpful for small and other CMRS providers and WEA stakeholders.
83. The Commission estimates that broadcast and cable providers may
need one hour to download and install a software update specific to the
MEP event code. EAS Participants are currently required to have
equipment that would be capable of being upgraded by software to
accommodate EAS modifications such as those proposed in the NPRM, and
the Commission sees no reason why the a new event code could not be
bundled with minimally burdensome, low-cost software upgrades that
small and other EAS Participants would otherwise install during the
regular course of business. As such, this should diminish the burden on
small entities to comply with the proposed rules. The Commission
anticipates the information received in comments including where
requested, cost and benefit analyses, will help it identify and
evaluate relevant compliance matters for small entities, including
compliance costs for hiring professional staff, if necessary, and other
burdens that may result from the proposals and inquiries made in the
NPRM.
84. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant alternatives that could minimize
impacts to small entities 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.''
85. The rule changes contemplated by the NPRM would adopt MEP as a
new EAS event code for Ashanti Alerts, and require implementation by
small and other participating EAS Participants and CMRS Providers on a
voluntary basis through equipment already in place (or a software
upgrade thereof). Among the alternatives presented in the NPRM is
whether there are existing EAS event codes that could effectively
transmit Ashanti Alerts. The costs to EAS Participants associated with
implementing the codes contained in the proposed rule changes are
expected to be de minimis since the Commission anticipates compliance
costs would be limited to the cost of labor for downloading software
updates, to the extent any updates are required at all. Nevertheless,
the Commission has invited comment on the costs associated with
implementation of the proposed Ashanti Alert code in order to more
fully understand the impact of the proposed action and assess whether
any action is needed to assist small entities. Similarly, while the
Commission believes that the costs incurred by equipment manufacturers
to write a few lines of code to implement the Ashanti Alert code will
be minimal, it has invited comments on the cost to EAS equipment
manufacturers of creating software updates, testing these updates,
supplying them to their customers, and providing any related customer
support. Additionally, the Commission has invited commenters to propose
steps that it may take to further minimize any significant economic
impact on small entities. When considering proposals made by other
parties, commenters are invited to propose other alternatives that
serve the goals of the Commission's proposals while minimizing impacts
to small entities.
86. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules. None.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 11 to read as
follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g), 606,
1201, 1206.
0
2. Amend Sec. 11.31 by:
0
a. Designating the table immediately following paragraph (d)(1) as
table 1 to paragraph (d)(1); and
0
b. Designating the table immediately following paragraph (e) as table 2
to paragraph (e); and
[[Page 27711]]
0
c. Revising table 2 to paragraph (e); and
0
d. Designating the table immediately following paragraph (f) as table 3
to paragraph (f).
The revision reads as follows:
Sec. 11.31 EAS protocol.
* * * * *
(e) * * *
Table 2 to Paragraph (e)
------------------------------------------------------------------------
Nature of activation Event codes
------------------------------------------------------------------------
National Codes (Required):
Emergency Action Notification (National EAN.
only).
National Periodic Test..................... NPT.
Required Monthly Test...................... RMT.
Required Weekly Test....................... RWT.
State and Local Codes (Optional):
Administrative Message..................... ADR.
Avalanche Warning.......................... AVW.
Avalanche Watch............................ AVA.
Blizzard Warning........................... BZW.
Blue Alert................................. BLU.
Child Abduction Emergency.................. CAE.
Civil Danger Warning....................... CDW.
Civil Emergency Message.................... CEM.
Coastal Flood Warning...................... CFW.
Coastal Flood Watch........................ CFA.
Dust Storm Warning......................... DSW.
Earthquake Warning......................... EQW.
Evacuation Immediate....................... EVI.
Extreme Wind Warning....................... EWW.
Fire Warning............................... FRW.
Flash Flood Warning........................ FFW.
Flash Flood Watch.......................... FFA.
Flash Flood Statement...................... FFS.
Flood Warning.............................. FLW.
Flood Watch................................ FLA.
Flood Statement............................ FLS.
Hazardous Materials Warning................ HMW.
High Wind Warning.......................... HWW.
High Wind Watch............................ HWA.
Hurricane Warning.......................... HUW.
Hurricane Watch............................ HUA.
Hurricane Statement........................ HLS.
Law Enforcement Warning.................... LEW.
Local Area Emergency....................... LAE.
Missing and Endangered Persons............. MEP.
Network Message Notification............... NMN.
911 Telephone Outage Emergency............. TOE.
Nuclear Power Plant Warning................ NUW.
Practice/Demo Warning...................... DMO.
Radiological Hazard Warning................ RHW.
Severe Thunderstorm Warning................ SVR.
Severe Thunderstorm Watch.................. SVA.
Severe Weather Statement................... SVS.
Shelter in Place Warning................... SPW.
Special Marine Warning..................... SMW.
Special Weather Statement.................. SPS.
Storm Surge Watch.......................... SSA.
Storm Surge Warning........................ SSW.
Tornado Warning............................ TOR.
Tornado Watch.............................. TOA.
Tropical Storm Warning..................... TRW.
Tropical Storm Watch....................... TRA.
Tsunami Warning............................ TSW.
Tsunami Watch.............................. TSA.
Volcano Warning............................ VOW.
Winter Storm Warning....................... WSW.
Winter Storm Watch......................... WSA.
------------------------------------------------------------------------
[FR Doc. 2024-08271 Filed 4-17-24; 8:45 am]
BILLING CODE 6712-01-P
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