Rule2024-19530
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
September 6, 2024
Effective
September 8, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) amends its regulations governing the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA) to add a new event code, MEP, to allow alert originators to issue an alert to the public about missing and endangered persons (MEP) whose circumstances do not meet the criteria of "America's Missing: Broadcast Emergency Response" (AMBER) alerts.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Rules and Regulations]
[Pages 72724-72737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19530]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[PS Docket Nos. 15-91, 15-94; FCC 24-83; FR ID 240853]
The Emergency Alert System and Wireless Emergency Alerts
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) amends its regulations governing the Emergency Alert
System (EAS) and Wireless Emergency Alerts (WEA) to add a new event
code, MEP, to allow alert originators to issue an alert to the public
about missing and endangered persons (MEP) whose circumstances do not
meet the criteria of ``America's Missing: Broadcast Emergency
Response'' (AMBER) alerts.
DATES: Effective September 8, 2025.
FOR FURTHER INFORMATION CONTACT: David Kirschner, of the Cybersecurity
and Communications Reliability Division of the Public Safety and
Homeland Security Bureau, at <a href="/cdn-cgi/l/email-protection#f4b095829d90da9f9d8687979c9a9186b4929797da939b82"><span class="__cf_email__" data-cfemail="b5f1d4c3dcd19bdedcc7c6d6dddbd0c7f5d3d6d69bd2dac3">[email protected]</span></a> or (202) 418-0695.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order) in PS Docket Nos. 15-91 and 15-94, FCC 24-83, adopted
on August 7, 2024, and released on August 8, 2024. The full text of
this document is available online at: <a href="https://docs.fcc.gov/public/attachments/FCC-24-83A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-83A1.pdf</a>.
Synopsis
1. The Order adds to part 11 EAS rules a new dedicated EAS event
code for missing and endangered person incidents, to advance the
important public policy of enabling and facilitating coordinated,
nationwide law enforcement activity to locate missing and endangered
persons in order to restore them to their homes, families, and
communities. The Order adopts the three-character ``MEP'' code to
enable delivery of missing and endangered person alerts over the EAS
and WEA. This will promote the development of compatible, integrated
and uniform ``Ashanti Alert'' plans throughout the United States,
consistent with the Ashanti Alert Act of 2018 (Ashanti Alert Act), a
Federal statute that addresses persons missing or abducted from states,
territories, or Tribal communities under circumstances that fall
outside of AMBER Alert notification criteria. While of widespread
concern, the issue of missing and endangered persons is particularly
prevalent in Tribal communities, where American Indian (AI) and Alaska
Native (AN) people are at a disproportionate risk of experiencing
violence, murder, or vanishing, and the Black community, which also
experiences a disproportionately high risk of persons going missing.
I. Background
2. Emergency Alert System. 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 it 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 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, however, is to distribute alerts issued by state and local
governments, as well as by the National Weather Service (NWS), to the
public. The Commission, the Federal Emergency Management Agency (FEMA),
and the NWS implement the EAS at the Federal level.
3. EAS alerts are configured using the EAS Protocol, which utilizes
fixed, three-character ``event codes'' (e.g., ``CAE'' signifies Child
Abduction Emergency, ``TOR'' signifies Tornado Warning, and ``FFW''
signifies Flash Flood Warning) to describe the type of alert being
sent. Additional data identifies other elements of an EAS alert,
enabling the delivery of temporally- and geographically-targeted alerts
to the public. EAS messages are distributed either through (i) a
broadcast-based, hierarchical distribution system in which an alert
message originator (``Alert Originator'') (e.g., State Governor's
offices, state/county/Tribal emergency management authorities, NWS,
etc.) encodes (or arranges to have encoded) a message in the EAS
Protocol, which is then broadcast from one or more EAS Participants and
subsequently relayed, participant-to-participant, until all affected
EAS Participants have received the alert and delivered it to the
public; or (ii) an internet Protocol (IP)-based process over the
internet after formatting the alerts in the Common Alerting Protocol
(CAP) and delivering them via the FEMA administered Integrated Public
Alert and Warning System (IPAWS).
4. Ashanti Alerts. Enacted in 2018, the Ashanti Alert Act is named
in honor of Ashanti Billie, a 19-year-old woman who was abducted in
2017 in Virginia and found dead in North Carolina. The Ashanti Alert
Act requires a National Coordinator within the Department of Justice
(DOJ) (the Bureau of Justice Assistance (BJA)) 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, Indian Tribes, units of local government, law enforcement
agencies, and other concerned entities with expertise in providing
services to adults.'' 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 AMBER Alerts and Silver Alerts.
5. Under the Ashanti Alert Act, BJA, among other things, must work
with ``States and Indian Tribes to encourage the development of
additional Ashanti Alert plans in their network'' and ``establish
voluntary guidelines for States and Indian Tribes to use in developing
Ashanti Alert plans that will
[[Page 72725]]
promote compatible and integrated Ashanti Alert plans throughout the
United States.'' And the BJA must coordinate and consult with the
Commission and other Federal agencies ``in carrying out activities
under'' the Ashanti Alert Act, and also must ``consult with local
broadcasters and State, Tribal and local law enforcement agencies in
establishing minimum standards [for issuance and dissemination of
Ashanti Alerts] and in carrying out other activities'' under the
Ashanti Alert Act.
6. Savanna's Act. Named for Savanna LaFontaine-Greywind, a pregnant
member of the Spirit Lake Tribe found brutally murdered in the Red
River of North Dakota in 2017, Savanna's Act clarifies Federal, state,
Tribal, and local law enforcement responsibilities for collecting and
sharing data ``related to missing or murdered Indian men, women, and
children, regardless of where they reside . . . and directs U.S.
attorneys to develop regionally appropriate guidelines for responding
to missing or murdered Indians.'' Savanna's Act further calls for
establishing guidance for ``best practices in conducting searches for
missing persons on and off Indian land.'' Savanna's Act brings
attention to the need for law enforcement coordination in addressing
violent crimes against American Indians and Alaska Natives.
7. National Congress of American Indians' (NCAI) Resolution. In
late 2023, Native Public Media (NPM) sponsored a resolution calling for
the Commission to establish an MEP event code to ``enable a more rapid
and coordinated response to incidents involving missing indigenous
persons.'' NCAI Resolution #NO-23-001 states that ``Native Americans
face significant challenges in addressing the issue of missing and
endangered adults, requiring immediate attention and action,'' and that
current EAS event codes fail to account for these unique missing person
circumstances. The NCAI further states that their ``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, as reported by the
National Crime Information Center, underscoring the urgent need for
targeted measures.'' The General Assembly of NCAI adopted this
resolution in November 2023.
8. On January 29, 2024, the National Ashanti Alert Network
Stakeholder Working Group and Pilot Project Participants Working Group
(Ashanti Alert Working Groups) submitted comments that ``noted a need
for a missing and endangered person code that would supplement the
current Child Abduction Emergency (CAE) and Blue Alert (BLU) IPAWS
codes. Currently no code exists for missing and endangered persons,''
which requires alerting agencies to use generic EAS event codes such as
Local Area Emergency (LAE) or Law Enforcement Warning (LEW), when they
issued an alert for a missing and endangered person. In offering
language for a missing and endangered persons event code, they used
``person'' and ``persons. Although Ashanti Alerts only apply to adults,
the Ashanti Alert Working Groups specifically noted that they did not
use ``adult'' in their proposed language ``because alerting agencies
have noted that not all missing children fit the criteria outlined for
an AMBER alert and as such the MEP code could be utilized when CAE
alert criteria [are] not met.''
9. Post-MEP Notice of Proposed Rulemaking (NPRM) Tribal
Consultation. The Commission adopted the MEP NPRM on March 14, 2024,
proposing 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.'' (89 FR
27699, April 18, 2024) Consistent with Commission policy, the
Commission directed the Office of Native Affairs and Policy (ONAP) to
coordinate government-to-government consultation with Tribal Nations
about the topics raised in the MEP NPRM, including the proposal to add
a new ``MEP'' event code and whether it should consider an additional
dedicated EAS event code for missing Indigenous persons on and off
Tribal land.''
10. Accordingly, ONAP arranged and participated in several
consultation and listening sessions with leaders, representatives, and
members of federally recognized Tribes and their communities. The
consultative events and related ex parte meetings took place in May and
June 2024, both in person and virtually. In the meetings, ONAP provided
overviews of the Commission's rulemaking processes and the MEP NPRM.
Commission staff solicited feedback from Tribal participants and
explained how Tribal participants could engage in the rulemaking
process through comment submissions in the relevant dockets.
II. Discussion
11. The Order finds that the EAS is an effective mechanism for
delivering emergency alerts, which may include alerts about missing and
endangered persons. An MEP event code could be used for all EAS alerts
about missing and endangered person incidents including those that meet
the criteria for an Ashanti Alert and those involving persons who are
under 18 yet do not already meet the criteria for an AMBER Alert. The
Order also finds that a dedicated EAS event code for missing and
endangered person alerts serves the public interest and advances state
and Tribal initiatives to find missing and endangered persons.
Accordingly, we create and add a dedicated MEP event code to the EAS
Protocol. The Order also permits MEP alerts to be deployed via WEA
using existing alerting methodologies and consistent with our WEA
rules. Finally, the Order establishes a period of 12 months from
publication of the Report and Order in the Federal Register, both to
enable the usage of the MEP EAS event code over EAS, and to enable the
delivery of alerts over WEA.
12. The Order finds, as virtually all commenters affirm, that
adopting an MEP event code will make the EAS a more effective tool for
finding missing and endangered persons. FEMA, which ``maintain[s] the
integrity'' of IPAWS and, among other duties, ``provid[es] guidance on
the categories of public emergencies'' meriting an alert, supports the
creation of ``a new event code to expand emergency messaging for MEPs
that fall outside the current criteria of the AMBER Alert.'' FEMA lauds
the EAS' functionality and resiliency, and believes that implementation
of an MEP event code in the same fashion as the CAE event code for
AMBER Alerts presents ``no constraints that would impede the EAS's
ability to contain the information required'' for those alerts. This
position accords with the views of industry and public safety
commenters who also support implementation of the MEP event code.
12. The Commission also finds the views of Tribal and Indigenous
communities supporting this action particularly compelling. These
communities face a profound crisis of missing, endangered, abducted,
and murdered persons. As one Native American commenter pointed out,
``the MEP event code can be actively deployed to reach remote and
underserved tribal communities, ensuring swift and efficient
dissemination of critical information.'' Coordinated, often multi-
jurisdictional law enforcement search, rescue, and recovery activities
enhanced by an MEP EAS event code could have enormous life-saving value
for AI/AN people as well as persons of color.
13. Comments associated with the FCC's Tribal consultations and ex
parte
[[Page 72726]]
meetings also resoundingly support adding the proposed MEP event code
to EAS, which could then be sent using a WEA, which is seen as ``a tool
that would assist in recovery of missing and endangered persons'' and,
indeed, could ``speed up the process to disseminate missing persons
alerts.'' Comparing the proposed MEP code to AMBER Alerts, commenters
expressed hope that the MEP code would be as effective as AMBER Alerts
have been in helping to locate missing and endangered children. Another
noted that the lack of a national EAS alert code for missing and
endangered adults is ``one of the biggest barriers to the recovery of
missing and endangered Indigenous people.''
14. The Commission finds that it is in the public interest, as the
vast majority of other commenters support, to facilitate notifications
for all missing and endangered people, including AI/AN people, using
the existing EAS mechanism.
15. Technical and operational feasibility. The Order finds that it
is technically and operationally feasible to send MEP alerts using the
EAS. As FEMA observes in supporting the Commission's proposed use of
EAS to deliver MEP alerts nationally, the EAS and the ``alerting
ecosystem'' in which it operates ``is the broadest and most resilient
system for relaying emergency messages'' and, indeed, there will be
``no constraints that would impede the EAS's ability'' to function as
proposed by the Commission. The Navajo Nation, citing its own
experience with Ashanti Alerts for Navajo people, asserts that ``there
are no constraints in the ability to send out imperative information
through EAS under the Ashanti Alert.'' The Commission agrees, and
further observes that no commenter has suggested otherwise.
16. Geographic Requirements. The Order finds that the code the
Commission adopts strikes a proper balance between the need to avoid
the deleterious effects of alerting misuse or overuse through
appropriate geolocation while ensuring sufficient scope to aid location
and recovery of missing and endangered persons. EAS's effectiveness in
managing the geographic targeting required for Blue Alerts (BLU) and
AMBER Alerts (CAE), which the Commission acknowledged in the BLU Report
and Order (83 FR 2557, January 18, 2018), warrants a conclusion that
the EAS will be similarly effective for alerts using the MEP event
code. That effectiveness, in turn, will both advance the critical
policy goal of finding and recovering missing and endangered persons,
and enhancing the public's trust in emergency alerts by avoiding
unnecessarily broad activations that might contribute to warning
fatigue.
17. The Commission expects that EAS Participants can and will
accommodate both micro- and macro-area geographic alerting in the
context of missing and endangered person alerts, as they do for Blue
Alerts and AMBER Alerts now. Of course, as is the case already with
Blue and AMBER alerts, geographic scope will be based on the Alert
Originators' inputs concerning the ``emergency prompting'' the alert.
That is a matter of law enforcement discretion in originating and
cascading the alert, of course, not an issue of whether the requirement
poses technical feasibility challenges to the EAS, however broad or
narrow that scope input may be at origination.
18. IPAWS and Legacy EAS. The Commission agrees with commenters
such as FEMA and the Navajo Nation that EAS MEP Alerts sent via both
the IPAWS and the legacy EAS broadcast ``daisy chain'' will provide the
fullest possible support for MEP transmissions. The Commission sees no
discrepancy between the two delivery mechanisms material enough to
prevent us from adopting the MEP event code as proposed.
19. As the Commission previously noted: ``additional information
cannot be relayed when CAP alerts are converted into legacy alerts for
further distribution over the legacy EAS, all data other than the
header codes [and the audio reading of the alert] are lost in this
conversion process.'' To address this issue, the Commission required
EAS Participants to check for CAP-formatted messages when they receive
state or local alert messages in legacy format, and if the same alert
is available in CAP format, to relay the CAP version instead. As a
result, the benefits of the CAP formatted alert should always be
available unless IPAWS is inaccessible, in which case the legacy format
will still provide the audio description of the alert.
20. The Commission adds the dedicated MEP event code to the EAS to
advance the public interest and the purposes of the Ashanti Alert Act.
The Commission believes that a dedicated EAS event code that expands
MEP emergency messaging that fall outside the scope of AMBER Alerts
will promote stronger nationwide coordination on Ashanti Alerts and
other missing and endangered person alerts. It will also address
jurisdictional alerting discrepancies, mitigate public confusion with
respect to the meaning of various alerts, and ensure that more missing
and endangered persons cases will be covered by the Federal emergency
communications system. In the end, the Commission believes, this
dedicated EAS event code will ``help save lives of [missing and
endangered persons] across the United States and Tribal Nations.''
21. Moreover, adding missing and endangered person alerts to EAS
will advance the important public policy objective of ``encouraging
states, territories, and Tribal governments to develop or enhance
existing missing and endangered person and Ashanti Alert plans to
optimize regional and nationwide search efforts for missing,
endangered, or abducted persons.'' This is so, the Commission believes,
because of the expected results; the persons who are saved, found, and
reunited with their families and communities may encourage policy
makers and law enforcement stakeholders to embrace EAS-enabled
efficiencies in existing plans and, where no such plans exist, to
construct them to serve their communities. In this regard, the
Commission agrees with FEMA, which asserts that the new MEP EAS event
code would ``promote stronger nationwide coordination'' with respect to
handling missing and endangered persons alerts, and also would
``address the discrepancies in alerts between different jurisdictions''
and help save the lives of missing and endangered persons.
22. The Commission concludes that alert originators may use the MEP
event code for all missing and/or endangered people alerts that do not
qualify for an AMBER alert, whether that is because the missing and/or
endangered person is over 17 or does not meet other criteria for
issuing an AMBER alert. As FEMA observes, expanding emergency messaging
for MEPs that fall outside of the criteria of an AMBER Alert, ``would
promote stronger nationwide coordination on alerting for MEPs, address
the existing discrepancies in alerts between different jurisdictions,
mitigate public confusion on the meaning of various alerts, and ensure
that federal rules and regulations cover more cases of MEPs.'' FEMA
notes that its research ``shows that more than forty missing and
endangered alert names lack uniformity in alert criteria and/or
requirements and can create public confusion, especially when traveling
from state to state.'' The Commission agrees with FEMA that
establishing a dedicated MEP code ``will contribute to a national
unified messaging approach to finding MEPs.''
23. The Order also finds that this will further the goals of the
Ashanti Alert Act. In their request for an MEP event code, the Ashanti
Alert Working Groups
[[Page 72727]]
offered a definition for an MEP code that uses ``person'' or
``persons,'' but not ``adult.'' To emphasize this point they write:
``Note that the term adult is not added within this warning to
differentiate same from CAE [the event code for AMBER Alerts] alerts
because alerting agencies have noted that not all missing children fit
the criteria outlined for an AMBER alert and as such the MEP code could
be utilized when CAE alert criteria [are] not met.'' The Commission
agrees with the Ashanti Alert Working Groups and other commenters who
argue that an MEP event code should be able to be used for all missing
and endangered person alerts that do not qualify for an AMBER Alert.
Providing the broadest parameters for an MEP event code will grant
maximum flexibility to alerting authorities trying to find missing and
endangered persons, including Tribal alert originators who may not want
to be constrained by the Ashanti Alert criteria when using the EAS and
WEA to find missing and/or endangered members of their community.
24. Tribal and Indigenous Voices. Tribal leaders, representatives,
organizations, and members also believe the MEP event code will lead to
optimization of existing missing and endangered persons plans and
encouragement of plan development throughout the Nation. The United
South and Eastern Tribes, Inc. (USET) states that ``adoption of MEP as
a dedicated EAS event code would encourage EAS Participants to deliver
missing and endangered persons and Ashanti Alert[s]'' nationwide,
``thereby facilitating the work of the National Ashanti Alert
Network.'' USET also agrees that the MEP event code would promote
``nationwide adoption and expansion of Ashanti Alerts while [ ]
ensuring that missing and endangered persons that don't meet the
criteria of AMBER Alerts . . . are appropriately transmitted to the
public.'' Similarly, the Navajo Nation commends the EAS as ``extremely
efficient and effective'' in its experience using it and WEA.
25. NPM extols IPAWS and asserts that ``the MEP code established
within EAS would provide a clear, consistent trigger for issuing alerts
across all participating media outlets and platforms.'' NPM further
believes that ``[s]tandardizing criteria for activation [by way of EAS
and IPAWS] would be nationwide, ensuring a baseline level of urgency
and response regardless of location.''
26. Commenters, including FEMA, industry, and Tribal voices support
an EAS event code solely dedicated to MEP alerts. These commenters
agree it will promote and catalyze uniformity with respect to efforts
to locate and recover missing and endangered persons, promote the
creation of Ashanti Alert Plans and Ashanti Alert-compliant Plans where
they may not currently exist, and aid the integration of such plans
into a coordinated national framework consistent with the Ashanti Alert
Act's stated goals.
27. The Commission believes that adoption of a single MEP code is
appropriate at this time. Although nearly all AI/AN, Tribal, and
Indigenous commenters favored swiftly moving forward with an MEP EAS
event code as principally proposed in the MEP NPRM, some favor a
Tribal-specific MIP (Missing Indigenous Person) or similar event code
for EAS soon thereafter, while others call for only an MIP event code
and others call for only an MEP event code. The Commission believes a
single MEP event code will advance the cause of aiding in the rescue of
Native persons and will monitor implementation of the new event code to
make sure that is the case.
28. The Order permits MEP alerts to be deployed via WEA using
existing alerting methodologies and consistent with the Commission's
WEA rules. The Commission believes that using the existing technologies
will ensure a swift implementation of the new code. The Commission thus
agrees with CTIA--The Wireless Association's (CTIA) and the Alliance
for Telecommunications Industry Solutions' (ATIS') suggestion that the
Commission use an existing WEA classification to achieve its alerting
goals here. In addition, the Commission agrees with those commenters
addressing the question that the logical WEA alert class choices are
the Imminent Threat class and the Public Safety Message alert class.
29. The Commission observed in the MEP NPRM that the WEA system is
a ``tool for authorized federal, state, local and Tribal
government[s]'' to provide geographically targeted alerts and warnings
to WEA-capable mobile devices of participating commercial mobile
service (CMS) providers' subscribers. However, WEA ``does not use event
codes'' like the EAS; rather, EAS alert origination software and FEMA
IPAWS `map' EAS event codes onto WEA handling codes corresponding to
the alert message classifications the Commission has authorized for
issuance over WEA. These classifications, currently, are National
Alert, Imminent Threat Alert, AMBER Alert, and Public Safety Message.
30. The Commission agrees with ATIS that there would be no
``technical impacts to Commercial Mobile Service Provider (CMSP)
networks or mobile devices if the EAS MEP event code is mapped to any
existing WEA alert class.'' As ATIS notes, the required mapping would
``occur prior to the arrival of the alert message at the CMSP
network,'' and there would be no need for device modifications to
reflect any ``user choice for opting in/out because all existing alert
classes are already represented in the device WEA menus.'' The
Commission also agrees with CTIA that using an ``existing alert class
to implement any MEP alert will help avoid costly changes and potential
backwards compatibility issues to handsets and Participating CMSP
networks, as well as costly and time-consuming end-to-end testing and
new device roll-out--all of which would delay the availability of the
alert.''
31. In the BLU Report and Order, the Commission declined to adopt a
new alert classification for Blue Alerts and further chose not to
specify one of the existing WEA classifications for Blue Alerts.
Instead, the Commission left these issues ``teed up in the Blue Alert
NPRM'' (82 FR 29811, June 30, 2017) proceeding ``to help gather
additional information on this issue beyond what the record currently
contains.'' The Commission chose this temporary course in order to
``reduce the necessary time for Blue Alerts to become available on WEA,
and [to] reduce the costs to WEA stakeholders,'' i.e., of establishing
a new classification. The Commission does so again here.
32. In the MEP NPRM, the Commission sought 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.''
Because of the similar technical and public safety-related steps
involved, the Commission proposed the same timeframe as that chosen in
the BLU Report and Order, where the Commission required EAS equipment
manufacturers to integrate BLU EAS event codes into equipment not yet
manufactured or sold, and to make necessary software upgrades available
to EAS Participants within 12 months. The Commission also proposed to
allow EAS Participants, as in the BLU Report and Order, to implement
the new MEP event code ``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.'' We adopt those approaches
here.
33. The Commission allows a period of 12 months from publication of
the Report and Order in the Federal
[[Page 72728]]
Register to enable the delivery of missing and endangered person alerts
over EAS and over WEA. While the Commission ``encourage[s] stakeholders
to work together voluntarily to implement'' MEP Alerts in swift fashion
in order to capture ``the important public safety objectives
involved,'' the record reflects that implementation is not merely turn-
key. Rather, some time is necessary for equipment manufacturers and
CMSPs to prepare their equipment and networks to be able to process
alerts sent with an MEP event code over EAS and WEA, as well as for
alert originators, EAS Participants, and other stakeholders to acquire
appropriate training and resources to deliver these alerts to the
public if they choose to do so. This implementation schedule will
ensure all stakeholders have sufficient time to address any technical,
resource, and training needs they may require to ensure the successful
delivery of missing and endangered person alerts.
34. The Navajo Nation supports the Commission's 12-month
implementation proposal and urges the Commission to move swiftly to
implement the MEP event code. They acknowledge that implementation,
especially if it is to be effective for Tribal communities and
Indigenous people, will entail ``comprehensive training, culturally
sensitive outreach, and a holistic approach that respects tribal
sovereignty.'' Additionally, multiple individuals commented at the
Commission's Tribal consultation and listening sessions regarding the
need for socialization, outreach, and training for Tribal nations
regarding implementation and adoption of the MEP code, and raised
questions regarding available funding and support for tribal nations.
NPM, like FEMA, pledges to work with the Commission and others in this
regard.
35. No commenter objected to the Commission's proposed timeline.
FEMA, while not commenting on the proposed implementation timeline,
pledges ``to work closely with the FCC to inform and empower
jurisdictions'' in the effective use of the MEP event code, and to work
with ``the FCC, the broadcast industry, Alert Originators (AOs), and
relevant stakeholders to determine how alerts using the MEP event code
can be successfully implemented.'' The Commission takes this to mean
that FEMA, which controls IPAWS, is committed to doing its part to
ensure the MEP event code is operationalized as swiftly as possible and
does not object to a 12-month timetable.
36. NCTA--The Internet & Television Association (NCTA) takes issue
with the Commission's incremental time estimates in the MEP NPRM,
arguing that the ``process takes weeks to months, not a few hours as
the Notice suggests.'' The Commission proposed 12 months for
implementation, which is consistent with NCTA's contention. The
Commission also notes that NCTA does not suggest that 12 months,
overall, is insufficient for the labors and operations needed. Thus,
the Commission has, as NCTA urged, ``take[n] notice'' of the processes
involved in calibrating a 12-month implementation requirement; the
Commission does not read NCTA's comments to take issue with that
overall. The Commission understands the technical issues involved in
implementing the new event code and appropriately sets the
implementation deadline to address those concerns.
37. When the Commission addressed virtually identical issues in the
BLU Report and Order, it followed NCTA's suggestion, then, that the
Commission look to ``EAS manufacturers to determine the adequacy of the
time allocated for software upgrades to equipment.'' There, the
Commission noted comments from EAS equipment manufacturers ``that 12
months is sufficient to allow for the [Blue Alerts] event code to be
deployed within a scheduled in-version equipment software update,
resulting in no incremental cost to EAS Participants, rather than as a
scheduled major version upgrade that would have to be separately
purchased.''
38. The Commission chooses to follow its determination in the BLU
Report and Order and require a 12-month implementation deadline for
both EAS Participants and CMSPs. In the BLU Report and Order, the
Commission acknowledged the soundness of 12 months for EAS Participants
on the theses presented there, as described above, and the Commission
believes these are mostly identical to the present MEP event code.
However, in the BLU Report and Order, CMSPs contested a 12-month
implementation deadline and specifically sought 18 months due to the
technical requirements they anticipated (including concurrent
implementation of then-pending wireless industry technical standards).
Those issues are not present here because the standards have now been
set and implemented. Rather, CMSPs conveyed confidence in
implementation assuming the Commission does not order a new WEA
classification for these alerts, which the Commission does not choose
to do. Accordingly, the Commission adopts the same 12-month
implementation schedule for CMSPs as for EAS Participants.
39. Finally, the MEP NPRM proposed to allow EAS Participants to
upgrade their equipment to add a designated MEP event code on a
voluntary basis until their equipment is replaced. This proposal is the
same as, or very similar to, the approach the Commission took with Blue
Alerts in 2017 and with other new EAS event codes in the past.
Commenters who addressed this issue agree. Accordingly, the Commission
adopts its proposal, and permits EAS Participants to update their
software to add the MEP event code on a voluntary basis. As the
Commission observed in the NWS Report and Order (81 FR 53039, August
11, 2016), and re-affirmed in the BLU Report and Order, ``the use by
EAS Participants of these codes is and has always been voluntary, and
`it would be contrary to the voluntary nature of state and local EAS to
mandate upgrades to existing EAS equipment to incorporate new optional
event codes.' '' The Commission again finds that this approach will
significantly reduce the costs to EAS Participants.
40. The Commission sought comment in the MEP NPRM on additional
issues that affect implementation of the MEP event code approved in the
Order. For example, the Commission invited comment on: (i) whether to
consider a missing Tribal or Indigenous person-specific EAS code in
addition to the MEP event code; (ii) how to ensure adequate protection
of civil liberties, sensitive medical information, and other privacy-
related issues; and (iii) public awareness, outreach, and engagement to
ensure that the MEP code effectively conveys an ``appropriate sense of
urgency to the public and galvanize[s] the public . . . to aid in the
finding of missing or endangered adults.''
41. NPM addresses these questions in part by asking the Commission
to engage with Tribes, as sovereign nations, to empower and aid their
efforts to address the missing and endangered persons crisis uniquely
imperiling their communities. In that regard, NPM asks the Commission
to, among other things, encourage Tribes to become IPAWS Alerting
Authorities and, through ONAP outreach (which necessarily would involve
other alerting stakeholders, such as FEMA and DOJ), provide them the
support needed to achieve that status. NPM looks to ensure that all
participants in the MEP ecosystem ``recognize that this work is a
sacred trust.''
[[Page 72729]]
42. The Commission thinks there is merit to NPM's suggested
approach, given the value in ensuring the EAS efficiently and
effectively addresses the plight of the missing in AI/AN communities.
The Commission is interested in how such an approach might be
implemented (e.g., bringing together stakeholders from AI/AN
communities, FEMA, EAS Participants, law enforcement, and other trusted
alerting system stakeholders to aid a process of understanding and
implementation germane to Tribal communities). Accordingly, the
Commission will continue to consider this subject through further
engagement between ONAP and members of AI/AN communities, which ideally
should occur in tandem with the roll-out of the MEP event code.
43. The Order concludes that the benefits of implementing the MEP
EAS event code, and permitting MEP alerts to be deployed via WEA using
existing alerting methodologies and consistent with the Commission's
WEA rules, outweigh its costs. In this regard, the Commission draws
extensively on its experience with the implementation of new EAS event
codes and acknowledges the potential benefits of missing and endangered
person alerts issued via an MEP EAS event code and WEA alerts, with
respect to which nearly all commenters in this proceeding agree. The
Order finds that most of the potential costs of implementation arise
from software updates made outside of the normal course of planned
upgrades. The Order allows sufficient time and flexibility to allow
manufacturers and EAS Participants and CMSPs to make upgrades and to
conduct associated testing in tandem with general software upgrades
installed during the regular course of business, thus minimizing costs.
The rules adopted in the Order present many potential benefits by
keeping the public informed and vigilant via the issuance of alerts,
and by enlisting their aid to more quickly locate and recover missing
and endangered persons, as well as the same kinds of cost reductions
for 911 call centers and emergency responders the Commission outlined
in the BLU Report and Order.
44. Costs. The Order finds, as suggested in the MEP NPRM, that the
main cost to EAS Participants that elect to install MEP will be the
cost involved in downloading the software updates into their devices
and conducting associated testing. In the MEP NPRM, the Commission
posited that adopting an MEP Alert EAS event code would present similar
technical issues to those raised in the BLU Report and Order, and,
accordingly, tentatively concluded that the costs for adding a
dedicated missing and endangered person alert EAS event code would not
exceed a one-time $12 million implementation ceiling. The Commission
carefully explained its rationale for that calculation. No industry or
other commenter has challenged this tentative conclusion. Accordingly,
the Commission adopts its tentative conclusion from the MEP NPRM and
finds that a dedicated missing and endangered person alert EAS event
code would not exceed a one-time $12 million implementation cost.
Further, the Commission notes that EAS Participants can avoid most
incremental implementation costs by downloading the new MEP event code
in conjunction with a scheduled software update.
45. Although the Commission recognizes that EAS equipment
manufacturers will incur some costs in making the new event code
available to all EAS Participants, the Commission believes that 12
months will provide sufficient time to dovetail the MEP upgrade with
other scheduled upgrades, posing minimal expense to equipment
manufacturers. The Commission believes that the costs for
implementation of WEA--given the Commission's decision not to require a
new alert classification--will be similarly low. As such, the
Commission believes there will be no, or only low, incremental costs
associated with the delivery of missing and endangered person alerts
over WEA, and that the 12 months granted to Participating CMS Providers
is sufficient to allow providers to minimize the costs of deployment.
46. Benefits. The Commission anticipates that establishing the EAS
MEP event code and allowing MEP alerts through WEA will improve
emergency alerting during events described in DOJ's Ashanti Alert
criteria, as well as other missing and endangered person scenarios,
thereby helping law enforcement locate and recover missing and
endangered persons and return them to their regular lives. Existing EAS
event codes, such as CAE (AMBER) and LEW (law enforcement warning), are
either unavailable for missing and endangered adults (AMBER) or do not
effectively identify missing and endangered person alerts to the public
(LEW). While precise numerical estimation is not possible, the
Commission expects that the MEP event code will improve public safety
outcomes for missing and endangered persons in a similar fashion to CAE
and AMBER Alerts. The Commission notes the success of AMBER Alerts,
where 180 out of the 181 AMBER Alerts issued in 2022 resulted in a
recovery, with respect to which 16 were as a direct result of an AMBER
Alert being issued. In contrast, Ashanti Alerts have not been as
effective as AMBER Alerts. The Commission anticipates that using a
dedicated MEP Event code in the EAS and the corresponding WEA handling
codes would greatly improve the effectiveness of the alerts for missing
and endangered persons not currently covered by AMBER Alerts. Given
that fewer than one third of active missing persons records involves
children under the age of 18, the Commission anticipates the number of
the MEP Alerts per year would be at least double the number of AMBER
Alerts. The Commission believes it is reasonable to expect that many
more missing and endangered persons will be located and recovered due
to the issuance of an EAS missing and endangered person alert that uses
the MEP event code. Extrapolating the recovery of missing children
directly attributable to AMBER Alerts, the Commission estimates that
more than 15 additional missing adults per year would be recovered as a
result of the Order. The recovery could prevent deaths and bodily harm
that these missing persons may otherwise have to endure. Therefore, the
benefits to public safety as a result of the Order could be
substantial. If even one life is saved due to these recoveries, the
public safety benefits would outweigh the costs. The Order concludes
that the minor burdens associated with adopting the MEP code will be
more than offset by its benefits. The Commission also concludes that,
given the potential for lifesaving and reduction in harm, if even the
number of missing persons equals those found due to AMBER Alerts, and
definitely if it exceeds it, this item will result in excess of $100
million in benefits.
III. Procedural Matters
A. Accessible Formats
47. 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#4f292c2c7a7f7b0f292c2c61282039"><span class="__cf_email__" data-cfemail="50363333656064103633337e373f26">[email protected]</span></a> or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice).
B. Regulatory Flexibility Analysis
48. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an agency prepare a regulatory flexibility analysis for
notice and comment rulemakings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant
[[Page 72730]]
economic impact on a substantial number of small entities.''
Accordingly, the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) concerning the possible impact of the rule changes
contained in this Report and Order on small entities. The FRFA is set
forth in Appendix B of the Report and Order.
C. Paperwork Reduction Analysis
49. This document does not contain information collection(s)
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
D. Congressional Review Act
50. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs, that this rule is major under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report
and Order to Congress and the Government Accountability Office pursuant
to 5 U.S.C. 801(a)(1)(A).
IV. Final Regulatory Flexibility Analysis
51. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
included in the MEP NPRM released in March 2024. The Commission sought
written public comment on the proposals in the MEP NPRM, including
comments on the IRFA. No comments were filed addressing the IRFA. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Order
52. The Order advances the important public policy of encouraging
the formation, enhancement, and integration of Ashanti Alert plans
throughout the United States, and for other purposes, by
``establish[ing] a voluntary nationwide communication network 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.'' As required by the Ashanti Alert
Act, the DOJ has designated the BJA as the Ashanti Alert Coordinator
which, in turn, has developed guidance for ``states, Indian Tribes,
local governments, law enforcement agencies, and other stakeholders
seeking to establish or enhance an existing Ashanti Alert Plan'' in a
manner that will promote compatible and integrated missing and
endangered person plans throughout the United States. The Order creates
and adds a dedicated MEP event code to the EAS Protocol for Ashanti
Alerts, and permits MEP alerts to be deployed via WEA using existing
alerting methodologies and consistent with our WEA rules. It also
establishes a period of 12 months from publication of the Order in the
Federal Register to enable the delivery of Ashanti Alerts over EAS, and
over WEA. Ashanti Alert carriage, and use of the MEP event code will be
voluntary. EAS Participants who decide to carry missing and endangered
person alerts, including Ashanti Alerts, should be able to accommodate
the new code with a software upgrade of equipment already in place but
not yet capable of handling these codes. Any new equipment allowed
under existing rules is either similarly upgradeable or will already be
programmed to handle the code.
53. The Order promotes the development of compatible and integrated
Ashanti Alert plans throughout the United States, consistent with the
Ashanti Alert Act, and supports the need for a dedicated EAS event code
for missing and endangered person alerts. The Order also describes the
integration of missing and endangered person alerts into WEA.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
54. There were no comments filed that specifically address the
proposed rules and policies presented in the IRFA.
C. Response to Comments by Chief Counsel for Advocacy of the Small
Business Administration
55. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
56. The Chief Counsel did not file any comments in response to the
proposed rule changes in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
57. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by SBA.
58. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, at the
outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry-specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from 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.
59. 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 2022, there were
approximately 530,109 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.
60. 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 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 2022, there were approximately 530,109 small
exempt organizations in the U.S.
[[Page 72731]]
reporting revenues of $50,000 or less according to the registration and
tax data for exempt organizations available from the IRS.
61. 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 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
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.
62. Broadband Personal Communications Services. The broadband
personal communications services (PCS) spectrum encompasses services in
the 1850-1910 and 1930-1990 MHz bands. 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.
63. 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.
64. 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, at this time we are not able to estimate the
number of licensees with active licenses that would qualify as small
under the SBA's small business size standard.
65. 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 an 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.
66. 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.
67. In frequency bands where licenses were subject to auction, the
Commission notes that, as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
68. 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 an 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.
69. 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
[[Page 72732]]
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.
70. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
71. 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 an 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.
72. 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.
73. In frequency bands where licenses were subject to auction, the
Commission notes that, as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
74. 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 frequency division
duplex (FDD)- and time division duplex (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 an 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.
75. 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 700MHz Band licenses, 72 winning bidders claiming a small
business classification won 329 licenses, 26 winning bidders claiming a
small business classification won 214 licenses, and three winning
bidders claiming a small business classification won all five auctioned
licenses.
76. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
77. 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 an SBA small business size standard applicable to licenses
providing services in these bands. The
[[Page 72733]]
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.
78. 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'' as 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 12 available licenses.
79. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
80. 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 an 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.
81. 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.
82. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
83. Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems, and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)).
Wireless cable operators that use spectrum in the BRS often
supplemented with leased channels from the EBS, provide a competitive
alternative to wired cable and other multichannel video programming
distributors. Wireless cable programming to subscribers resembles cable
television, but instead of coaxial cable, wireless cable uses microwave
channels.
84. 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.
85. 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.
86. The Commission's small business size standards for EBS define a
small
[[Page 72734]]
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 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 years. In
frequency bands where licenses were subject to auction, the Commission
notes that as a general matter, the number of winning bidders that
qualify as small businesses at the close of an auction does not
necessarily represent the number of small businesses currently in
service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
87. 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 Voice over Internet Protocol (VoIP) services; wired (cable)
audio and video programming distribution; and wired broadband internet
services.
88. 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.
89. 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, Global Positioning System (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.
90. 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, we conclude that a majority of firms
in this industry are small.
91. Noncommercial Educational (NCE) and Public Broadcast Stations.
Noncommercial educational broadcast stations and public broadcast
stations are television or radio broadcast stations 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.
92. 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 $47 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, we estimate that under the
applicable SBA size standard the majority of noncommercial educational
broadcast stations and public broadcast stations are small entities.
According to Commission data as of March 31, 2024, there were 4,703
licensed noncommercial educational radio and television stations. In
addition, the Commission estimates as March 31, 2024, there were 383
licensed NCE television stations, 379 Class A TV stations, 1,829 low
power TV (LPTV) stations, and 3,118 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,
we will presume that all noncommercial educational and public broadcast
stations qualify as small entities under the above SBA small business
size standards.
93. 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 $47 million or
less in annual receipts as small. U.S. Census Bureau data for 2017 show
that 2,963 firms operated in this industry during that year. Of this
number, 1,879 firms operated with revenue of less than $25 million per
year. Based on this data and the SBA's small business size standard, we
estimate a majority of such entities are small entities.
[[Page 72735]]
94. The Commission estimates that as of June 30, 2024, there were
4,413 licensed commercial AM radio stations and 6,620 licensed
commercial FM radio stations, for a combined total of 11,033 commercial
radio stations. Of this total, 11,032 stations (or 99.99%) had revenues
of $47 million or less in 2023, according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro Database (BIA) on July 3, 2024,
and therefore these licensees qualify as small entities under the SBA
definition. In addition, the Commission estimates that as of June 30,
2024, there were 4,356 NCE FM radio stations, 1,965 low power FM (LPFM)
stations, and 8,906 FM translators and boosters. The Commission however
does not compile, and otherwise does not have access to financial
information for these radio stations that would permit it to determine
how many of these stations qualify as small entities under the SBA
small business size standard. Nevertheless, given the SBA's large
annual receipts threshold for this industry and the nature of radio
station licensees, we presume that all of these entities qualify as
small entities under the above SBA small business size standard.
95. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
96. 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 $47
million or less in annual receipts as small. U.S. Census Bureau data
for 2017 show that 2,963 firms operated during that year. Of that
number, 1,879 firms operated with revenue of less than $25 million per
year. Therefore, based on the SBA's size standard we conclude that the
majority of FM Translator stations and Low Power FM Stations are small.
Additionally, according to Commission data, as of March 31, 2024, there
were 8,913 FM Translator Stations and 1,960 Low Power FM licensed
broadcast stations. The Commission however does not compile and
otherwise does not have access to information on the revenue of these
stations that would permit it to determine how many of the stations
would qualify as small entities. For purposes of this regulatory
flexibility analysis, we presume the majority of these stations are
small entities.
97. 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 $47 million or less in
annual receipts as small. 2017 U.S. Census Bureau data indicate that
744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television broadcasters are small
entities under the SBA small business size standard.
98. As of June 30, 2024, there were 1,384 licensed commercial
television stations. Of this total, 1,307 stations (or 94.4%) had
revenues of $47 million or less in 2023, according to Commission staff
review of the BIA on July 3, 2024, and therefore these licensees
qualify as small entities under the SBA definition. In addition, the
Commission estimates as of June 30, 2024, there were 382 licensed NCE
television stations, 379 Class A TV stations, 1,821 LPTV stations, and
3,100 TV translator stations. The Commission, however, does not compile
and otherwise does not have access to financial information for these
television broadcast stations that would permit it to determine how
many of these stations qualify as small entities under the SBA small
business size standard. Nevertheless, given the SBA's large annual
receipts threshold for this industry and the nature of these television
station licensees, we presume that all of these entities qualify as
small entities under the above SBA small business size standard.
99. 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.
100. 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.
[[Page 72736]]
101. 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. We note however, that the
Commission neither requests nor collects information on whether cable
system operators are affiliated with entities whose gross annual
revenues exceed $250 million. Therefore, we are unable at this time to
estimate with greater precision the number of cable system operators
that would qualify as small cable operators under the definition in the
Communications Act.
102. 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, approximately two-thirds of these
providers can be considered small entities.
103. 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 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 $40 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.
104. Direct Broadcast Satellite (``DBS'') Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS is included in the Wired
Telecommunications Carriers industry which comprises establishments
primarily engaged in operating and/or providing access to transmission
facilities and infrastructure that they own and/or lease for the
transmission of voice, data, text, sound, and video using wired
telecommunications networks. Transmission facilities may be based on a
single technology or combination of technologies. Establishments in
this industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired telephony
services, including VoIP services, wired (cable) audio and video
programming distribution; and wired broadband internet services. By
exception, establishments providing satellite television distribution
services using facilities and infrastructure that they operate are
included in this industry.
105. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that 3,054
firms operated in this industry for the entire year. Of this number,
2,964 firms operated with fewer than 250 employees. Based on this data,
the majority of firms in this industry can be considered small under
the SBA small business size standard. According to Commission data
however, only two entities provide DBS service--DIRECTV (owned by AT&T)
and DISH Network, which require a great deal of capital for operation.
DIRECTV and DISH Network both exceed the SBA size standard for
classification as a small business. Therefore, we must conclude based
on internally developed Commission data, in general DBS service is
provided only by large firms.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
106. The Order will impose new or additional reporting,
recordkeeping, and/or other compliance obligations on small entities,
including EAS Participants that choose to use the new MEP code, and
small EAS equipment manufactures. As proposed in the MEP NPRM, use of
the MEP event code for EAS is voluntary. The Commission allows a period
of 12 months from publication of the Report and Order in the Federal
Register to enable the delivery of Ashanti Alerts over EAS, and 12
months from publication of the Report and Order in the Federal Register
to enable the delivery of Ashanti Alerts over WEA. This will allow time
for the equipment manufacturers and CMSPs to prepare their equipment
and networks to be able to process Ashanti Alerts sent over EAS and
WEA. This will also allow EAS Participants and other stakeholders to
acquire the training and resources to deliver Ashanti Alerts to the
public.
107. The Commission finds that most of the potential costs of
implementation arise from software updates made outside of the normal
course of planned upgrades and estimate that a dedicated Ashanti Alert
EAS event code would not exceed a one-time $12 million implementation
cost. The main cost is to EAS Participants, in that those who elect to
install the MEP alert code will bear the cost involved in downloading
the software updates into their devices, and any associated clerical
work. The Commission minimizes additional costs by allowing sufficient
time and flexibility so that manufacturers and EAS Participants may
make upgrades in tandem with general software upgrades installed during
the regular course of business. This approach will significantly reduce
the costs to small entities as well as to other EAS Participants, which
fosters greater support for the MEP alerts and ensures
[[Page 72737]]
that more alerts about missing and endangered person are transmitted by
EAS Participants over time. As noted above, the Order permits
transmission of MEP Alerts over WEA using an existing WEA message
classification.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
108. The RFA requires an agency to provide ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
109. As mentioned above, the Order adopts ``MEP'' as a new EAS
event code for Ashanti Alerts, and requires implementation by small and
other participating EAS Participants and CMRS Providers on a voluntary
basis through equipment already in place, which will require a software
upgrade. Among the alternatives presented in the MEP NPRM was whether
there are existing EAS event codes that could effectively transmit
Ashanti Alerts. The Commission determined that existing EAS event codes
are either unavailable for missing and endangered adults or do not
effectively identify Ashanti Alerts to the public. The Commission also
considered a Tribal-specific MIP event code, however the Commission did
not adopt this alternative because there is greater support for the MEP
EAS code. In considering ways to minimize costs to EAS Participants
associated with implementing the codes, the Commission anticipates
compliance costs will be limited to the cost of labor for downloading
software updates, which may be completed during the regular course of
business.
G. Report to Congress
110. The Commission will send a copy of the Order, including the
FRFA, in a report to Congress pursuant to the Congressional Review Act.
In addition, the Commission will send a copy of the Order, including
the FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Order, and FRFA (or summaries thereof) will also be published in the
Federal Register.
V. Ordering Clauses
111. Accordingly, it is ordered that, pursuant to sections 1, 4(i),
4(n), 303(r), 303(v), 624(g), and 706 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 154(n), 303(r), 303(v),
544(g), 606, the Report and Order is adopted.
112. It is further ordered that the Commission's rules are hereby
amended as set forth in Appendix A of the Order.
113. It is further ordered that the rules and requirements adopted
herein, including at Appendix A of the Order, to enable the delivery of
missing and endangered person alerts over EAS will become effective 12
months from the date of publication in the Federal Register.
114. It is further ordered that the rules and requirements adopted
herein, including at Appendix A of the Order, to enable the delivery of
missing and endangered person alerts over WEA will become effective 12
months from the date of publication in the Federal Register.
115. It is further ordered that the Office of the Managing
Director, Performance Program Management, shall send a copy of the
Report and Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
116. It is further ordered that the Commission's Office of
Secretary shall send a copy of the Report and Order, including the
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 is revised to read as follows:
Authority: 47 U.S.C. 151, 154 (i) and (n), 303(r), 544(g), 606,
1201, and 1206.
0
2. Amend Sec. 11.31 by:
0
a. Designating the table in paragraph (d)(1) as table 1 to paragraph
(d)(1);
0
b. Designating the table in paragraph (e) as table 2 to paragraph (e);
0
c. Revising newly designated table 2 to paragraph (e); and
0
d. Designating the table in 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 only) EAN.
National Information Center.................. NIC.
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. 2024-19530 Filed 9-5-24; 8:45 am]
BILLING CODE 6712-01-P
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