Proposed Rule2025-04125
Wireless Emergency Alerts; Emergency Alert System
Primary source
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Published
March 18, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) proposes to broaden the circumstances in which alert originators may send Wireless Emergency Alert (WEA) messages using the "Public Safety Message" classification, which can allow consumers greater flexibility in how messages are presented on their mobile device, including the potential ability to silence alerts. The Commission also seeks comment on whether subscribers should be empowered to further customize their receipt of WEA messages, as well as additional steps that wireless providers, equipment manufacturers, and operating system developers can take to reduce the rate at which subscribers opt out of WEA.
Full Text
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<title>Federal Register, Volume 90 Issue 51 (Tuesday, March 18, 2025)</title>
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[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Proposed Rules]
[Pages 12505-12508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04125]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 10
[PS Docket Nos. 15-91 and 15-94; FCC 25-14; FR ID 284584]
Wireless Emergency Alerts; Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes to broaden the circumstances in which alert
originators may send Wireless Emergency Alert (WEA) messages using the
``Public Safety Message'' classification, which can allow consumers
greater flexibility in how messages are presented on their mobile
device, including the potential ability to silence alerts. The
Commission also seeks comment on whether subscribers should be
empowered to further customize their receipt of WEA messages, as well
as additional steps that wireless providers, equipment manufacturers,
and operating system developers can take to reduce the rate at which
subscribers opt out of WEA.
DATES: Comments are due on or before April 17, 2025 and reply comments
are due on or before May 19, 2025.
ADDRESSES: The public may submit comments, identified by PS Docket Nos.
15-91 and 15-94, by either the Federal Communications Commission's
website (<a href="https://www.apps.fcc.gov/ecfs/">https://www.apps.fcc.gov/ecfs/</a>) and following the instructions
for submitting comments or by mail. Parties who choose to file by paper
must file an original and one copy of each filing. Filings can be sent
by hand or messenger delivery, by commercial courier, or by the U.S.
Postal Service. All filings must be addressed to the Secretary, Federal
Communications Commission.
Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
Filings sent by U.S. Postal Service First-Class Mail, Priority
Mail, and Priority Mail Express must be sent to 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: David Kirschner, Attorney-Advisor,
Cybersecurity and Communications Reliability Division, Public Safety
and Homeland Security Bureau, (202) 418-0695, or by email to
<a href="/cdn-cgi/l/email-protection#cda9acbba4a9e3a6a4bfbeaea5a3a8bf8dabaeaee3aaa2bb"><span class="__cf_email__" data-cfemail="acc8cddac5c882c7c5dedfcfc4c2c9deeccacfcf82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Eleventh Further Notice of Proposed Rulemaking (FNPRM), PS Docket Nos.
15-91 and 15-94; FCC 25-14, adopted February 27, 2025, and released
February 28, 2025. The full text of this document is available by
downloading the text from the Commission's website at: <a href="https://www.fcc.gov/document/fcc-makes-weas-more-responsive-public-safety-and-consumer-needs">https://www.fcc.gov/document/fcc-makes-weas-more-responsive-public-safety-and-consumer-needs</a>. This document will also be available for public
inspection and copying during regular business hours in the FCC
Reference Center, 45 L Street NE, Washington, DC 20554. 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#55131616606561153336367b323a23"><span class="__cf_email__" data-cfemail="074144443237334761646429606871">[email protected]</span></a> or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
A final rule relating to Wireless Emergency Alerts and the
Emergency Alert System is published elsewhere in this issue of the
Federal Register.
Synopsis
I. Further Notice of Proposed Rulemaking
1. In this Eleventh Further Notice of Proposed Rulemaking, we
propose to allow alert originators greater flexibility to send WEAs
using the Public Safety Message classification. Making this change
would allow alert originators to send WEAs in a classification where
the Commission's rules allow Participating CMS Providers to offer their
subscribers greater flexibility in how they receive WEA messages. If
Participating CMS Providers provide their subscribers with
[[Page 12506]]
the ability to customize how they receive WEAs sent in the Public
Safety Message classification, and subscribers take advantage of their
ability to customize such WEAs, we believe it will reduce subscriber
alert fatigue and opt out. We also seek comment on whether subscribers
should be empowered to further customize their receipt of WEA messages
and other steps we can take to reduce subscriber alert fatigue and opt
out.
A. Improving Public Safety Messages
2. The rules define a Public Safety Message as ``an essential
public safety advisory that prescribes one or more actions likely to
save lives and/or safeguard property during an emergency.'' The current
rules limit the issuance of Public Safety Messages to circumstances
``in connection with'' a National Alert, Imminent Threat Alert, or
AMBER Alert. We propose to remove that limitation. When the Commission
adopted the Public Safety Message classification, it understood that
these messages were ``intended to provide supplemental instructions
about how to protect life or property during an AMBER Alert,
Presidential Alert, or Imminent Threat Alert.'' We seek comment on
whether broadening the scope of Public Safety Messages by removing the
requirement that they ``supplement'' a prior alert would facilitate the
use of WEA for situations where it can help keep people safe, such as
MEP alerts, Blue Alerts, and boil water advisories. Conversely, could
removing this limitation cause alert fatigue by increasing the number
of WEAs that people receive about events that are less than the most
urgent, severe, or certain to occur?
3. We seek comment on whether Public Safety Messages, as a class,
increase consumer choice regarding whether they receive emergency
alerts other than those that are the most urgent, severe, and certain
to occur, as well as regarding the presentation of the Attention Signal
along with such alerts. In 2016, the Commission allowed Participating
CMS Providers to associate a unique pattern of sounds and vibrations
with Public Safety Messages, instead of the Attention Signal, and
allowed Participating CMS Providers to provide subscribers with the
ability to silence or turn off Public Safety Messages during certain
hours. The Commission also allowed Participating CMS Providers to
provide their subscribers with the option to specify how the Attention
Signal should be presented when a WEA is received during an active
voice or data session. Have any Participating CMS Providers associated
unique haptic or auditory cues with Public Safety Messages? Have any
Participating CMS Providers provided their subscribers with the ability
to turn off Public Safety Messages during certain hours? Have any
Participating CMS Providers provided their subscribers with the option
to control how the Attention Signal is presented during an active voice
or data sessions? If so, how have these functions worked in practice?
Are there additional actions that we should take to give subscribers
control over their receipt of Public Safety Messages, given that, our
proposal, if adopted, would allow alert originators to use Public
Safety Messages for events less urgent, severe, or certain to occur
than Imminent Threat Alerts? We seek comment on whether a silent-by-
default setting for Public Safety Messages, with an option for
consumers to opt into receiving the attention signal and/or vibration
cadence, would better align with consumer preferences or expectations
and thereby help to mitigate alert fatigue and consumer opt-out.
B. Enhancing Subscriber Customization
4. We seek comment on whether WEA-capable devices should provide
subscribers with additional options that let them decide how alerts are
presented. For example, should subscribers have greater flexibility to
silence the attention signal or vibration cadence for certain classes
of alerts? Should subscribers be able to configure the attention signal
or vibration cadence so that it is presented notwithstanding the
device's ``do-not-disturb'' settings? If so, how should these
capabilities be implemented in practice? Should this option be
available for all classes of alert message other than the National
Alert, or only for certain classes (e.g., only for AMBER alerts and
Public Safety Messages)? Should the presentation of the attention
signal and vibration cadence be individually adjustable for each alert
class, in the event that the subscribers want them to behave
differently? Should subscribers have the option of adjusting the volume
of the attention signal to make it quieter or louder independent of
their mobile device volume setting? Should WEA-capable devices adjust
the volume of the attention signal to a pre-specified level when
headphones are connected? Should alert originators be empowered to
override the subscribers' selected settings to a greater degree than we
require in the accompanying Report and Order, and if so, under what
circumstances would it be appropriate for alert originators to do so?
We seek comment on the costs and benefits associated with providing
subscribers with these and other options for enhanced flexibility. If
adopted, what effect would these capabilities have on public safety?
Could these capabilities confuse consumers or pose technical
implementation challenges? How should we balance the goal of increased
flexibility for alert originators and consumers with the goal of
reducing complexity and confusion that could undermine confidence in
and use of the WEA system? Will allowing additional flexibility improve
public safety by causing fewer subscribers to opt out of receiving
life-saving alerts? Or will it endanger public safety by reducing the
likelihood that subscribers will receive adequate warnings during
disasters? We seek comment on any additional ways in which subscribers
should be permitted to customize the WEA alerts that they receive that
would make those alerts more effective.
C. Other Ways To Reduce Subscriber Opt-Out
5. We seek comment on any additional ways in which we might reduce
the rate at which subscribers opt out of receiving certain classes of
WEA messages. Our rules allow Participating CMS Providers to offer
their subscribers the option to opt out of Child Abduction Emergency/
AMBER Alert, Imminent Threat Alert, and Public Safety Message classes
of WEA. Our rules also state that ``CMS providers shall provide their
subscribers with a clear indication of what each option means, and
provide examples of the types of messages the customer may not receive
as a result of opting out.'' We seek comment on how Participating CMS
Providers offer their subscribers the ability to opt out of receiving
certain WEA notifications. Do mobile devices' WEA notification settings
encourage thoughtful consideration of whether to opt out? Should we
take further action to ensure that, if consumers do choose to opt out
of receiving some types of WEA notifications, they do so only after
having given due consideration to the consequences of not receiving
time-sensitive, potentially life-saving alerts?
6. What actions can mobile device equipment manufacturers or
operating system developers take regarding WEA notification settings or
the way in which users are prompted to review those settings to promote
careful consideration of the options? To what extent do mobile device
manufacturers' design decisions influence the rate of consumer opt out?
We seek comment on whether certain mobile device operating systems'
implementation of the right to
[[Page 12507]]
opt out of WEA messages increases the incidence of consumer opt out.
For example, if mobile device user interfaces are designed to
repeatedly and prominently present users with the option to opt out of
WEA, or the receipt of every WEA is associated with the presentation of
the option to opt out, could that increase the likelihood that
subscribers opt out of WEA? Do these user interface designs promote
informed consumer choice? If not, what changes could be made to
increase the likelihood of informed consumer choice? We seek comment on
factors that might explain the difference between opt out rates between
users of mobile devices made by different device manufacturers. Do
other types of mobile devices and/or operating system make it easier or
harder to opt out of receiving WEA messages?
7. We seek comment on whether revising the Public Safety Message
classification or prohibiting certain user interface designs that
incent opt out would impose costs on mobile device equipment
manufacturers or Participating CMS Providers. We do not believe that
compliance with our proposals to change the definition of a Public
Safety Message would present any costs because no changes would be
needed to systems or software to facilitate compliance. We seek comment
on this view. If compliance does present costs, we invite commenters to
quantify those costs and recommend specific actions that we could take
to minimize the burden of compliance on small entities.
8. Finally, we seek comment on what the Commission can do to
improve the timeliness and accuracy of WEA alerts. The effectiveness of
WEAs during emergency situations depends heavily on their timeliness
and accuracy. When these alerts are delayed or contain inaccurate
information, their value diminishes significantly, which can lead to
subscribers losing trust and ultimately opting out. What steps can be
taken to enhance coordination between local authorities and other WEA
stakeholders, including vendors of alert origination software and
Participating CMS Providers, to ensure more timely alerts during
emergencies? What additional measures or best practices could be
implemented to ensure that WEA alerts contain accurate information,
particularly in fast-evolving situations like wildfires or severe
weather events?
II. Procedural Matters
9. Regulatory Flexibility Act. The Commission has prepared an
Initial Regulatory Flexibility Analysis (IRFA) concerning the potential
impact of the rule and policy changes contained in the Eleventh Further
Notice of Proposed Rulemaking. The IRFA is set forth in Appendix D of
the Commission document. The Commission invites the general public, in
particular small businesses, to comment on the IRFA. Comments must be
filed by the deadlines for comments indicated on the first page of the
Commission document and must have a separate and distinct heading
designating them as responses to the IRFA.
10. Providing Accountability Through Transparency Act. Consistent
with the Providing Accountability Through Transparency Act, Public Law
118-9, a summary of this Eleventh Further Notice of Proposed Rulemaking
will be available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
11. Ex Parte Rules--Permit-But-Disclose. This proceeding this
document initiates shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Rule 1.1206(b). In proceedings governed by
Rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
12. Filing Requirements--Comments and Replies. Pursuant to sections
1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419,
interested parties may file comments and reply comments on or before
the dates indicated on the first page of this document. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
24121 (1998).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
[cir] Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by
the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
[cir] Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
13. Paperwork Reduction Act. This document does not contain new or
modified information collection requirements 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).
14. People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e0868383d5d0d4a0868383ce878f96">[email protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice).
[[Page 12508]]
III. Ordering Clauses
15. Accordingly it is ordered, pursuant to the authority contained
in Sections 1, 2, 4(i), 4(n), 301, 303(b), 303(e), 303(g), 303(j),
303(r), 307, 309, 316, 403, and 706 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 152, 154(i), 154(n), 301, 303(b), 303(e),
303(g), 303(j), 303(r), 307, 309, 316, 403, and 606, as well as by
sections 602(a), (b), (c), (f), 603, 604 and 606 of the Warning Alert
and Response Network (WARN) Act, 47 U.S.C. 1201(a), (b), (c), (f),
1203, 1204 and 1206, that this Eleventh Further Notice of Proposed
Rulemaking is hereby adopted.
16. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Eleventh Further Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Analyses, to
the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 10
Communications, Communications equipment, Electronic products,
Individuals with disabilities, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 10 as follows:
PART 10--WIRELESS EMERGENCY ALERTS
0
1. The authority citation for part 10 is revised to read as follows:
Authority: 47 U.S.C. 151, 152, 154(i), 154(n), 201, 301, 303(b),
303(e), 303(g), 303(j), 303(r), 307, 309, 316, 403, 544(g), 606,
1201, 1202, 1203, 1204, and 1206.
0
2. Amend Sec. 10.400 by revising the introductory text and paragraph
(d) to read as follows:
Sec. 10.400 Classification.
A Participating CMS Provider is required to receive and transmit
four classes of Alert Messages: National Alert; Imminent Threat Alert;
Child Abduction Emergency/AMBER Alert; and Public Safety Message.
* * * * *
(d) Public Safety Message. A Public Safety Message is an essential
public safety advisory that prescribes one or more actions likely to
save lives and/or safeguard property during an emergency.
[FR Doc. 2025-04125 Filed 3-17-25; 8:45 am]
BILLING CODE 6712-01-P
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