Proposed Rule2025-16333
Modernization of the Nation's Alerting Systems
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
August 26, 2025
Effective
September 25, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) begins a reexamination of the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA) from the ground up and seeks comment on whether fundamental changes could make these alerting systems more effective, efficient, and better able to serve the public's needs. EAS was introduced 31 years ago, and WEA was introduced 13 years ago, using the technology available at the time. The Commission seeks comment on what goals these alerting systems should aim to achieve, whether these systems are currently effective at achieving these goals, and what steps should be taken to modernize these systems to improve their usefulness and better leverage modern technology while minimizing burdens on stakeholders.
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Proposed Rules]
[Pages 41530-41542]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16333]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 10 and 11
[PS Docket No. 25-224, FCC 25-50; FR ID 309226]
Modernization of the Nation's Alerting Systems
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) begins a reexamination of the Emergency Alert System (EAS)
and Wireless Emergency Alerts (WEA) from the ground up and seeks
comment on whether fundamental changes could make these alerting
systems more effective, efficient, and better able to serve the
public's needs. EAS was introduced 31 years ago, and WEA was introduced
13 years ago, using the technology available at the time. The
Commission seeks comment on what goals these alerting systems should
aim to achieve, whether these systems are currently effective at
achieving these goals, and what steps should be taken to modernize
these systems to improve their usefulness and better leverage modern
technology while minimizing burdens on stakeholders.
DATES: Comments will be accepted until September 25, 2025. Reply
comments will be accepted until October 10, 2025.
ADDRESSES: You may submit comments, identified by PS Docket No. 25-224,
by any of the following methods:
<bullet> Federal Communications Commission's Website: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. Follow the instructions for submitting comments.
<bullet> Mail/Paper Filings: See the instructions in the
SUPPLEMENTARY INFORMATION section of this document.
<bullet> People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#2b6d68681e1b1f6b4d4848054c445d"><span class="__cf_email__" data-cfemail="5b1d18186e6b6f1b3d3838753c342d">[email protected]</span></a> or phone: 202-418-
0530.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: George Donato, Associate Division
Chief, Cybersecurity and Communications Reliability Division, Public
Safety and Homeland Security Bureau, at (202) 418-0729, or
<a href="/cdn-cgi/l/email-protection#d4b3b1bba6b3b1fab0bbbab5a0bb94b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="7a1d1f15081d1f541e15141b0e153a1c1919541d150c">[email protected]</span></a>; or Tara Shostek, Attorney-Advisor, Cybersecurity
and Communications Reliability Division, Public Safety and Homeland
Security Bureau, at (202) 418-8130, or <a href="/cdn-cgi/l/email-protection#71051003105f02191e0205141a311712125f161e07"><span class="__cf_email__" data-cfemail="dda9bcafbcf3aeb5b2aea9b8b69dbbbebef3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), PS Docket No. 25-224; FCC 25-50, adopted
August 7, 2025, and released August 8, 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-proposes-modernization-nations-alerting-systems">https://www.fcc.gov/document/fcc-proposes-modernization-nations-alerting-systems</a>. The full text of this document is 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#92d4d1d1a7a2a6d2f4f1f1bcf5fde4"><span class="__cf_email__" data-cfemail="61272222545155210702024f060e17">[email protected]</span></a> or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice).
Procedural Matters
Comment Filing Requirements
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of the
NPRM. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS).
<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.
<bullet> 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.
<bullet> 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 Commission'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.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service)
[[Page 41531]]
must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.
<bullet> 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.
<bullet> People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="96f0f5f5a3a6a2d6f0f5f5b8f1f9e0">[email protected]</a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530.
Ex Parte Rules
The proceeding this NPRM 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 Sec. 1.1206(b). In proceedings governed by
Sec. 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.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice-
and-comment rulemaking proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' Accordingly, the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) concerning potential rule and policy changes contained in this
NPRM. The IRFA is set forth in Appendix A of the FCC document, <a href="https://www.fcc.gov/document/fcc-proposes-modernization-nations-alerting-systems">https://www.fcc.gov/document/fcc-proposes-modernization-nations-alerting-systems</a>. The Commission invites the general public, in particular small
businesses, to comment on the IRFA. Comments must be filed by the
deadlines for comments on the NPRM indicated on the first page of the
NPRM and must have a separate and distinct heading designating them as
responses to the IRFA.
Paperwork Reduction Act
This NPRM does not contain proposed information collections subject
to the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3521. 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, 44 U.S.C. 3506(c)(4).
Providing Accountability Through Transparency Act
Consistent with the Providing Accountability Through Transparency
Act, Public Law 118-9, a summary of this NPRM will be available on
<a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
Congress established the Commission for the purposes of, among
other things, the national defense and ``promoting safety of life and
property through the regulation of wire and radio communications
networks.'' For nearly 75 years, the Commission has implemented this
mandate by adopting rules that set technical and other requirements to
provide the public with an effective national public alert and warning
system. The Commission's approach to emergency alerting has been to
implement regulations intended to leverage existing commercial
communications infrastructure for public safety purposes and to update
that existing capability over time to reflect advances in technology
and evolving consumer expectations. While this approach has gradually
improved the nation's alerting capabilities, it may also have
restricted innovation by preserving alerting frameworks that are
decades old without examining whether more fundamental structural
changes are warranted.
In this NPRM, the Commission takes a novel approach by seeking
first to identify what goals the nation's alert and warning systems
should be designed to serve. Proceeding from these first principles
will enable the Commission to explore alternatives to our historical
regulatory approach and consider how to maximize the usefulness,
effectiveness, and resiliency of EAS and WEA consistent with our legal
authority. As part of this examination, the Commission seeks to
identify the objectives that an effective national alerting system
should advance, how alerting systems should be designed to ensure that
they serve the needs of alerting authorities, what kinds of information
alerting systems should deliver, how that information can be most
effectively conveyed to the public, public expectations when receiving
that information, and other important considerations necessary for
modernizing the nation's public alert and warning capabilities.
A. Objectives of Alerting Systems
The Commission seeks comment on the objectives that effective alert
and warning systems should serve. Based on our experience in overseeing
requirements for EAS and WEA, the Commission identifies and seeks
comment on the following three goals: (1) alerting systems should
provide authorities with the ability to rapidly notify the public of
emergencies that may put the public at risk; (2) alerting systems
should be capable of delivering instructions that facilitate the
protection of life and property; and (3) alerting systems should
provide a mechanism for government officials to provide additional
authoritative communications with the public before, during, and after
an emergency. Do these statements accurately reflect the core goals of
alerting systems, and if not, should they be articulated in a different
way? Are there additional objectives related to the protection of life
and property that the nation's alerting systems should serve? Should
the objectives of these alerting systems be grounded solely in the
capabilities that the alerting service should provide, or should the
objectives also be grounded in achieving particular public safety
outcomes (e.g., ensuring that all
[[Page 41532]]
members of the public receive an alert and take protective action)?
B. The Role of Alerting Authorities
The Commission seeks comment on which entities need to be able to
send alerts to fully accomplish these objectives in order to maximize
the capabilities and effectiveness of alerting systems. Government
entities, including agencies at the federal, state, Tribal,
territorial, or local level, are currently allowed to send alerts.
Because of government agencies' differing responsibilities and
geographic jurisdictions, the Commission believes that the objectives
of alerting systems are best served by all of these types of agencies
having the ability to send alerts. The Commission seeks comment on this
view. Is it important that each of these types of government agencies
be able to send alerts? How does the ability to send alerts at
different levels of government advance the objectives of the nation's
alerting systems? Are there ways in which the current range of alert
originators either undermines or fails to adequately support these
objectives? For example, are there agencies, especially at different
levels of government, that have similar roles, and if so, can and
should alerting systems reconcile alerts from different sources so as
to avoid duplication and alert fatigue? If so, how should this be done?
The Commission has consistently concluded that a core purpose of
EAS is to enable the transmission of an emergency alert from the
President or his designee during a national emergency. The Commission
believes that the President's ability to effectively communicate with
the public in times of crisis remains of paramount importance to public
safety during a national emergency and therefore is critical to
accomplishing the nation's alerting objectives. In furtherance of those
objectives, the Commission believes that the nation's alerting systems
should be designed to allow the President to both send the public an
immediate warning to take protective action and to later provide
additional information and reassurance to the public. The Commission
seeks comment on these views. How should alerting systems be designed
to ensure that these capabilities are available and maximally effective
during national emergencies? For example, would it be most effective
for alerting systems to be able to support video messages from the
President? The Commission seeks estimates of the incremental cost of
implementing a universal, ``video-rich'' alert system for the United
States. What are the different ways that video-based alerts could be
implemented in EAS and WEA today? The Commission encourages commenters
to provide cost estimates on implementing a video-rich alert system and
address how video-rich alerts may impact network availability for the
public and public safety. What technical steps would EAS Participants
and Participating CMS Providers need to take to implement video
alerting capabilities within the next two years?
Nearly all alerts that the public receives day-to-day are
originated by other agencies at the federal, state, Tribal,
territorial, or local level. This includes weather alerts sent by NWS,
early earthquake warnings sent by the Department of Interior's United
States Geological Survey, and AMBER alerts sent by numerous state and
local agencies nationwide. In light of the essential role that these
other agencies play in achieving the nation's alert and warning
objectives, the Commission believes that the alerting needs of these
agencies should also play a driving role in the design of the nation's
alerting systems. The Commission seeks comment on this view. Are EAS
and WEA, as designed today, effective tools that allow these agencies
to fully achieve their alerting objectives? If not, what changes should
be made to these systems to better support these agencies? Would it be
effective for alerting systems to be able to support video messages
from these agencies? Are there certain kinds of emergencies that EAS
and WEA are not designed to adequately support today, and if so, what
steps can be taken to better support those emergencies? If the
Commission were to incentivize greater use of EAS and WEA by local
officials, would the resulting increase in alerts make the public more
likely to receive life-saving alerts? Does alerting by local officials
offer any unique benefits? Would an increase in local alerting increase
the risk of alert fatigue, and if so, how can this risk be mitigated?
Are there any circumstances in which it would serve the objectives
of the nation's alert and warning systems for non-government entities
to send safety-related alerts via these systems? If so, which types of
entities should be permitted to send alerts and in what situations
should they be permitted to send them? For example, should utility
companies have the ability to more immediately notify the public of
hazards like downed power lines, gas leaks, rolling blackouts, or
dangers in the potable water supply, rather than relying on government
entities to relay messages on their behalf? Does accomplishing the
nation's alert and warning objectives require an expansion of the
ability of EAS and WEA to support machine-to-machine alerting (e.g.,
using networked sensors to trigger automated protective action, such as
slowing trains or closing water valves)? How should EAS and WEA be
redesigned to better support these types of alerts? In cases of non-
governmental entities transmitting safety-related alerts and machine-
to-machine alerting, what level of transparency and governmental
oversight would be needed to ensure effective and resilient alerting,
and preserve consumer trust in the information being conveyed? On the
other hand, should government agencies be the sole initiators of alerts
via the nation's alert and warning systems because of their unique
responsibilities, such as their roles in protecting public safety?
Would allowing only government agencies to originate alerts preserve
public trust in alert and warning systems and maintain democratic
accountability?
C. Transmission Capabilities of Alerting Systems
The Commission seeks comment on the alert transmission capabilities
that a national public alert and warning system must have to achieve
its objectives. What are alert originators' expectations for the ways
and the circumstances under which alerts should be successfully
delivered? Should the nation's alerting systems be designed with the
purpose of guaranteeing delivery of each alert to the intended
audience, regardless of the conditions on the ground? Or should these
alerting systems instead be designed to require only a ``best effort''
attempt at delivery and rely on a likelihood that the audience will
receive at least one alert from a number of possible sources? Are there
certain types of alerts, such as alerts sent by the President, for
which delivery must be consistently guaranteed for the objectives of
the alerting system to be satisfied? Does voluntary, rather than
mandatory, participation in the nation's alerting systems diminish
alert originators' confidence that their alert will reach their
targeted audience? Today, it is voluntary for EAS Participants to
transmit state and local alerts. For WEA, participation by CMS
providers is voluntary, though once a CMS provider elects to
participate in WEA, it is required to transmit alerts in a manner
consistent with the Commission's rules. Is voluntary participation
consistent with the objectives of the nation's alert and warning
systems? The Commission seeks comment on the steps that the Commission
and other stakeholders
[[Page 41533]]
should take to strike a better balance between burdens of supporting
EAS and WEA and the goals of ensuring uniformity and consistency in
alert transmission.
The Commission believes that not only is it reasonable to expect
that alerts will be successfully delivered to all targeted members of
the public during blue-sky conditions, but that alerting systems should
also incorporate resilience to common causes of disruption to
communications, such as power outages and physical damage to
infrastructure. The Commission seeks comment on this view, including
what approaches to resiliency would best achieve the objectives of the
nation's alert and warning systems. EAS, for instance, was originally
designed to continue operating when traditional communication methods
are not functioning and alerts can only be delivered via independently
powered broadcast facilities. Does this approach to EAS resiliency
remain necessary today? Are there other alternative communications
pathways that EAS and WEA can leverage to ensure redundancy? Should EAS
and WEA both be independently resilient (i.e., having multiple
redundant pathways within EAS, as well as within WEA) or is it
sufficient for EAS to provide a redundant source of alerts to WEA and
vice versa? Could existing public alert and warning infrastructure be
made more resilient by increasing the interoperability of EAS and WEA
(e.g., by enabling mobile devices capable of receiving a WEA to receive
EAS alerts when cellular infrastructure is damaged)?
The Commission also believes that it is necessary for alerting
systems to be capable of delivering alerts to specific populations that
are targeted by alerting authorities, without delivering the alert to
populations that are not targeted. The Commission seeks comment on this
view. What levels of precision and accuracy do alerts need to fulfill
the objectives of the nation's alert and warning systems? Can existing
technologies deliver alerts with that precision or accuracy, and if so,
should those technologies be integrated into the design of EAS and WEA?
What is the potential for future technologies to improve upon the
geographic precision with which alerts can be delivered? How can the
Commission's rules be amended to facilitate such innovation and not
impede it? Are alert originators less likely to use alerting systems
when their geographic targeting is insufficiently accurate? The
Commission has historically been concerned that the receipt of alerts
that are not relevant to the recipient can cause alert fatigue, which
can cause people to ignore future alerts and, in the case of WEA, opt
out of receiving certain types of alerts. The Commission seeks comment
on what the threshold should be at which geographic overshoot becomes
unreasonable and undermines alerting objectives. What changes would
need to be made to EAS and WEA to ensure that overshoot does not exceed
that threshold? In the past, NWS has observed that threats that arise
due to extreme weather are not stationary, but continually in motion
(e.g., tornados, hurricanes, wildfires, extreme winds, storm surges).
Should alerting systems be designed to support the targeting of alerts
to a continually updated target area and to the people entering and
leaving that area? If so, what technical changes would need to be made
for EAS and WEA to support this capability?
The Commission believes that the nation's alerting systems should
be designed to be secure against cyberattacks from our nation's
adversaries. If an adversary were to gain access to these systems, they
could potentially send a false alert, which could cause public panic,
or prevent a real alert from being issued, which could cause a
significant loss of life. As a consequence, keeping these systems
secure is essential to both national security and achieving the
nation's alerting objectives. The Commission seeks comment on this
view. Are there specific authentication, validation, and security
measures that EAS and WEA should be designed to incorporate? Would
public trust in alerts be enhanced if alerting systems provided some
kind of visual indication that an alert is authoritative and
trustworthy? When considering the tradeoffs of competing aspects of the
design of EAS and WEA such as security, the support of multimedia alert
content, and the speed of alert delivery, which should the Commission
prioritize? Commenters are encouraged to address any trade-offs to
implementation on security and authentication based on the urgency or
severity of an event. For example, for large or impactful disasters,
how would security validation or authentication require adjustments due
to lack of access to infrastructure or to ensure resiliency?
D. Information Conveyed to the Public
The Commission seeks comment on the kinds of information that
alerts need to be able to convey to the public for the nation's alert
and warning systems to effectively accomplish their objectives. For
instance, our WEA rules require Participating CMS Providers to support
five mandatory elements in WEA messages: the type of hazard event, the
geographic area affected, a recommended protective action, the
expiration time of the alert, and the identity of the sending agency.
Research indicates that when people receive this information, they are
much more likely to take the protective actions described in the alert.
The Commission believes that the nation's alert and warning systems
should be designed to support the transmission of each of these
elements in an alert message to the public. The Commission seeks
comment on this view. Notwithstanding EAS and WEA's capability to
support these informational elements, research has found that most WEA
messages lack some of this information. The Commission seeks comment on
whether there are resources, such as training materials or best
practices, that could be made available to alert originators to promote
alert message quality, uniformity, and consistency.
Should EAS and WEA be designed to require that all of these
elements be included in the alerts that are sent to the public, or
would such an approach be too inflexible for alerting authorities, and
if so, how? What approaches to EAS and WEA design can be taken to
maximize the likelihood that alerts include information that is most
relevant to their recipients? Are there other types of information or
ways of communicating that alerting systems need to support in order to
be effective? For example, would the ability to include a static
graphic or a video as part of an alert better allow alerting
authorities to achieve their public safety goals? The Commission seeks
comment on how the nation's alerting systems can better serve
communities by delivering alerts in the languages they understand.
Building on prior efforts to support multilingual alerting, should the
Commission take additional steps to ensure alerts effectively reach
non-English-speaking populations? The Commission invites input on how
multilingual capabilities should inform the design and modernization of
EAS and WEA.
E. How the Public Receives Alerts
The Commission seeks comment on how alerts must be received by the
public for the objectives of the nation's alert and warning systems to
be realized. Today, the public can receive emergency alerts from
various sources like mobile devices, radio and television broadcasts,
cable services, wireline video services, and road signs. The public,
however, increasingly engages
[[Page 41534]]
with content through other media and platforms that are not equipped to
interrupt content to provide emergency messages, such as personal
computers, tablets without commercial mobile service, wearable
technology, gaming consoles, smart speakers, streaming services, and
social media. This shift in consumer behavior indicates that fewer
people may be using the platforms through which emergency messages have
been traditionally issued, which may frustrate the EAS and WEA systems'
objectives of widespread public notification about emergencies. Are the
services that transmit EAS alerts--radio and television broadcast,
cable service, wireline video services, and certain satellite
services--representative of how people consume video and audio services
today? Does EAS remain an effective tool for alert originators if it
only makes alerts available over those services? If the public's media
habits are changing, what changes can the Commission implement to make
sure that EAS and WEA continue to follow the public's eyes and ears,
consistent with the scope of its legal authority? Alternatively, is a
new alerting system needed to reach the public on these other media and
platforms? If so, what minimum requirements would be necessary to
preserve consumer trust?
The Commission seeks comment on whether the nation's alert and
warning systems would be more effective if their design placed a
greater focus on the capabilities of the end-user devices that receive
and present alerts, rather than solely around the communications
pathways that transmit them. For example, would EAS be more effective
if consumer ``smart'' devices connected to the internet (e.g., radios,
TVs, and other video displays) were able to directly receive EAS
messages from alerting sources, regardless of the user's choice of
programming at the time that the alert is received? Would this allow
for new alerting capabilities that the current design of EAS cannot
technically support? Could introducing the capability to receive and
present EAS messages into end user devices promote flexibility and
consumer choice by allowing for greater tailoring as to how alerts are
received and presented (e.g., language, locations, screen placement,
font size, text-to-speech, and other accessibility options)? Would
these changes allow EAS to better achieve its public safety objectives
or be a more efficient way of distributing alerts to the public? Would
these changes enable the Commission to reduce regulatory burdens for
EAS Participants? What communications paths (e.g., internet, radio,
satellite) would be required to connect devices to alerting sources?
What changes to or limitations imposed by communications service
provider networks would affect implementation of these capabilities?
The Commission invites comment on any technical or procedural
challenges that equipment manufacturers would confront in supporting
the capability to monitor IPAWS for EAS messages directly, rather than,
or in addition to, receiving them from communications service
providers. What can the Commission do to mitigate these challenges and
otherwise encourage the adoption of alerting capabilities on end-user
devices? How would these changes affect device costs, including upfront
incremental labor and material costs for redesign, reprogramming,
retooling, etc.?
The Commission seeks comment on the general public's experience
with emergency alerts. Do consumers have frustrations with the alerts
that they are receiving today, and if so, what are those frustrations?
What can the Commission do to help alleviate them? Are there changes
that should be made to how emergency alerts are presented to make them
easier to understand? Are there end-user features that the public would
like to see and utilize in their devices that are capable of presenting
emergency messages? Conversely, are there end-user features that alert
originators, Participating CMS Providers, or equipment and device
manufacturers believe should not be left to end-user customization
because they would likely frustrate the goal of these alerting systems?
How can the Commission balance consumer choice over the products that
consumers use and the emergency alerts that they want presented with
alert originator expectations and objectives? Under what circumstances
should one be prioritized over the other and how should the Commission
measure the costs and benefits of those tradeoffs?
F. Other Issues
In light of the discussion above, the Commission seeks comment on
whether EAS and WEA are meeting the needs and expectations of both the
public and alerting authorities. Do EAS and WEA remain useful? Are
there situations in which EAS and WEA are proving to have limited value
and in what ways are they falling short? Do EAS and WEA need to be
redesigned or otherwise modified to fully reach their potential for
achieving the nation's alerting objectives? What should EAS and WEA be
technically capable of achieving in the next five to ten years? What
technical steps would need to be taken to implement these
modifications, how long would they take, and how much would these
technical steps cost? Conversely, are there aspects of EAS and WEA that
exist today that do not serve the objectives discussed above that
should be eliminated? Are there aspects of EAS and WEA whose purported
benefits seem outweighed by the burdens involved in their provision?
What costs would be associated with any steps taken to improve the
effectiveness of EAS and WEA and how could the Commission limit these
costs for small entities? The Commissions seek comment on whether
certain reforms or modifications offer greater cost effectiveness than
others or significantly improve outcomes that align with the objectives
of EAS and WEA. Commenters are encouraged to submit quantitative
analyses, supporting data, and documentation associated with the
modernization or redesign of the EAS and WEA systems.
The Commission seeks comment on how increased training for alert
originators, education for the public, and collaboration among all
alerting stakeholders can help alerting systems meet the goals they are
designed to achieve. Are there gaps in the trainings or best practices
available to alert originators? Is there sufficient and meaningful
public outreach and education about how alerts are received, alert
system capabilities, the purpose of alerts, and the action the public
should take if it receives an alert? If so, the Commission seeks
comment on how these gaps should be filled, and who should be
responsible for filling them. Can voluntary collaboration between
alerting stakeholders help to close these gaps?
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Commission has prepared this Initial Regulatory Flexibility
Analysis (IRFA) of the policies and rules proposed in the NPRM
assessing the possible significant economic impact on a substantial
number of small entities. The Commission requests written public
comments on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments specified on the
first page of the NPRM. The Commission will send a copy of the NPRM,
including this IRFA, to the Chief Counsel for the Small Business
Administration (SBA) Office of Advocacy. In addition, the NPRM and IRFA
(or summaries thereof) will be published in the Federal Register.
[[Page 41535]]
A. Need for, and Objectives of, the Proposed Rules
In the Communications Act of 1934, Congress mandated that the
Commission promote the safety of life and property through the use of
wire and radio communication, and, by extension, ensure that the public
is able to receive critical information regarding impending disasters
and other emergencies in a timely fashion. The performance and
accessibility of the nation's alert and warning systems, which includes
the Emergency Alert System (EAS) and Wireless Emergency Alert System
(WEA), are essential to safeguarding the lives and property of all
people. In the NPRM, the Commission seeks comment on the goals that the
nation's public alert and warning systems should aim to achieve, how
emergency alerting systems should be designed to achieve those
objectives, what kinds of information emergency alerting systems need
to convey to accomplish their objectives, how that information needs to
be conveyed so that the objectives are fully realized, how emergency
alert systems should be able to geographically target alerts so that
their objectives are fully realized, and what kinds of end-user
features they should offer to maximize value for recipients. The
Commission also seeks comment on whether any changes should be made to
EAS and WEA to either better ensure that nation's alerting objectives
are being achieved or to eliminate unnecessary requirements that do not
advance those objectives.
B. Legal Basis
The proposed action is authorized pursuant to sections 1, 2, 4(i),
4(n), 301, 303(b), 303(e), 303(g), 303(j), 303(r), 303(v), 307, 309,
316, 335, 403, 624(g), 706 and 713 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), 303(v), 307, 309, 316, 335, 403, 544(g), 606,
and 613, as well as by sections 602(a), (b), (c), (f), 603, 604 and 606
of the WARN Act, 47 U.S.C. 1201(a), (b), (c), (f), 1203, 1204 and 1205,
and the National Defense Authorization Act for Fiscal Year 2021, Public
Law 116-283, 134 Stat. 3388, 9201, 47 U.S.C. 1201, 1206.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. The Commission therefore
describes three broad groups of small entities that could be directly
affected by our actions. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, 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 34.75 million businesses. Next, ``small
organizations'' are not-for-profit enterprises that are independently
owned and operated and not dominate their field. While the Commission
does not have data regarding the number of non-profits that meet that
criteria, over 99 percent of nonprofits have fewer than 500 employees.
Finally, ``small governmental jurisdictions'' are defined as cities,
counties, towns, townships, villages, school districts, or special
districts with populations of less than fifty thousand. Based on the
2022 U.S. Census of Governments data, the Commission estimates that at
least 48,724 out of 90,835 local government jurisdictions have a
population of less than 50,000.
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,
the Commission estimates a majority of such entities are small
entities.
The Commission estimates that as of March 31, 2025, there were
4,367 licensed commercial AM radio stations and 6,621 licensed
commercial FM radio stations, for a combined total of 10,988 commercial
radio stations. Of this total, 10,987 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 April 4, 2025,
and therefore these licensees qualify as small entities under the SBA
definition. In addition, the Commission estimates that as of March 31,
2025, there were 4,634 licensed noncommercial (NCE) FM radio stations,
1,976 low power FM (LPFM) stations, and 8,891 FM translators and
boosters. The Commission however does not compile, and otherwise does
not have access to financial information for these radio stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, the Commission
presumes that all of these entities qualify as small entities under the
above SBA small business size standard.
The Commission notes, 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. The Commission is
unable at this time to define or quantify the criteria that would
establish whether a specific radio or television broadcast station is
dominant in its field of operation. Accordingly, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and is therefore possibly over-inclusive. An additional element
of the definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
FM Translator Stations and Low Power FM Stations. FM translators
and Low Power FM Stations are classified in the industry for Radio
Stations. The
[[Page 41536]]
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 the Commission concludes that the majority of FM
Translator stations and Low Power FM Stations are small. Additionally,
according to Commission data, as of March 31, 2025, there were 8,891 FM
Translator Stations and 1,976 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, the
Commission presumes the majority of these stations are small entities.
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 million per year. Based
on this data the Commission estimates that the majority of television
broadcasters are small entities under the SBA small business size
standard.
As of March 31, 2025, 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 Kelsey Inc. Media Access Pro Television Database
(BIA) on April 4, 2025, and therefore these licensees qualify as small
entities under the SBA definition. In addition, the Commission
estimates as of March 31, 2025, there were 383 licensed noncommercial
educational (NCE) television stations, 383 Class A TV stations, 1,786
LPTV stations and 3,099 TV translator stations. The Commission,
however, does not compile and otherwise does not have access to
financial information for these television broadcast stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, the
Commission presumes that all of these entities qualify as small
entities under the above SBA small business size standard.
Cable Television Distribution Services. Cable television
distribution services fall within the U.S. Census Bureau industry
classification category of Wired Telecommunications Carriers. The U.S.
Census Bureau defines this industry as 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 communications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services, wired (cable) audio and video programming
distribution, and wired broadband internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry.
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 there were 3,054 firms that
operated in this industry for the entire year. Of this number, 2,964
firms operated with fewer than 250 employees. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 4,590 providers that reported they were
engaged in the provision of fixed local services. Of these providers,
the Commission estimates that 4,146 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.
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. The Commission notes
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, the Commission is
unable at this time to estimate with greater precision the number of
cable system operators that would qualify as small cable operators
under the definition in the Communications Act.
Cable Companies and Systems (Rate Regulation). 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.
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
[[Page 41537]]
operators. The SBA small business size standard for this industry
classifies a business with $44 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. Consequently, using the SBA's small
business size standard most satellite telecommunications service
providers can be considered small entities. The Commission notes
however, that the SBA's revenue small business size standard is
applicable to a broad scope of satellite telecommunications providers
included in the U.S. Census Bureau's Satellite Telecommunications
industry definition. Additionally, the Commission neither requests nor
collects annual revenue information from satellite telecommunications
providers and is therefore unable to more accurately estimate the
number of satellite telecommunications providers that would be
classified as a small business under the SBA size standard.
All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems. Providers of
internet services (e.g., dial-up ISPs) or Voice over Internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $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.
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.
In light of the use of wireless frequencies by BRS and EBS
services, the closest industry with a SBA small business size standard
applicable to these services is Wireless Telecommunications Carriers
(except Satellite). The SBA small business size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as of 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 licenses as of December 2021.
The Commission's small business size standards for EBS define a
small business as an entity that, together with its affiliates, its
controlling interests and the affiliates of its controlling interests,
has average gross revenues that are not more than $55 million for the
preceding five (5) years, and a very small business is an entity that,
together with its affiliates, its controlling interests and the
affiliates of its controlling interests, has average gross revenues
that are not more than $20 million for the preceding five (5) years. In
frequency bands where licenses were subject to auction, the Commission
notes that as a general matter, the number of winning bidders that
qualify as small businesses at the close of an auction does not
necessarily represent the number of small businesses currently in
service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
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.
The SBA small business size standard for Wired Telecommunications
Carriers classifies firms having 1,500 or fewer employees as small.
U.S. Census Bureau
[[Page 41538]]
data for 2017 show that 3,054 firms operated in this industry for the
entire year. Of this number, 2,964 firms operated with fewer than 250
employees. Based on this data, the majority of firms in this industry
can be considered small under the SBA small business size standard.
According to Commission data, however, only two entities provide DBS
service--DIRECTV (owned by AT&T) and DISH Network, which require a
great deal of capital for operation. DIRECTV and DISH Network both
exceed the SBA size standard for classification as a small business.
Therefore, the Commission must conclude based on internally developed
Commission data, in general DBS service is provided only by large
firms.
Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
Electronic Computer Manufacturing. This industry comprises
establishments primarily engaged in manufacturing and/or assembling
electronic computers, such as mainframes, personal computers,
workstations, laptops, and computer servers. Computers can be analog,
digital, or hybrid. Digital computers, the most common type, are
devices that do all of the following: (1) store the processing program
or programs and the data immediately necessary for the execution of the
program; (2) can be freely programmed in accordance with the
requirements of the user; (3) perform arithmetical computations
specified by the user; and (4) execute, without human intervention, a
processing program that requires the computer to modify its execution
by logical decision during the processing run. Analog computers are
capable of simulating mathematical models and contain at least analog,
control, and programming elements. The manufacture of computers
includes the assembly or integration of processors, coprocessors,
memory, storage, and input/output devices into a user-programmable
final product. The SBA small business size standard for this industry
classifies a business as small if it has 1,000 or fewer employees.
According to U.S. Census Bureau data for 2017, there were 300 firms in
this industry that operated for the entire year. Of this number, 291
firms had less than 250 employees. Consequently, the Commission
estimates that the majority of firms in this industry are small
entities.
Audio and Video Equipment Manufacturing. This industry comprises
establishments primarily engaged in electronic audio and video
equipment for home entertainment, motor vehicles, and public address
and musical instrument amplification. Examples of products made by
these establishments are video cassette recorders, televisions, stereo
equipment, speaker systems, household-type video cameras, jukeboxes,
and amplifiers for musical instruments and public address systems. The
SBA small business size standard for this industry classifies firms
with 750 employees or less as small. According to 2017 U.S. Census
Bureau data, 464 firms in this industry operated that year. Of this
number, 399 firms operated with less than 250 employees. Based on this
data and the associated SBA size standard, the Commission concludes
that the majority of firms in this industry are small.
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.
Broadband Personal Communications Service. The broadband personal
communications services (PCS) spectrum encompasses services in the
1850-1910 and 1930-1990 MHz bands. The closest industry with a SBA
small business size standard applicable to these services is Wireless
Telecommunications Carriers (except Satellite). The SBA small business
size standard for this industry classifies a business as small if it
has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated in this industry for the
entire year. Of this number, 2,837 firms employed fewer than 250
employees. Thus under the SBA size standard, the Commission estimates
that a majority of licensees in this industry can be considered small.
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.
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 the Commission is not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
Narrowband Personal Communications Services. Narrowband Personal
Communications Services
[[Page 41539]]
(Narrowband PCS) are PCS services operating in the 901-902 MHz, 930-931
MHz, and 940-941 MHz bands. PCS services are radio communications that
encompass mobile and ancillary fixed communication that provide
services to individuals and businesses and can be integrated with a
variety of competing networks. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with a SBA small business
size standard applicable to these services. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
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.
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
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.
The Commission's small business size standards with respect to WCS
involve eligibility for bidding credits and installment payments in the
auction of licenses for the various frequency bands included in WCS.
When bidding credits are adopted for the auction of licenses in WCS
frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in part 27 of the Commission's rules
for the specific WCS frequency bands.
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
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.
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.
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses
spectrum in the 698-746 MHz
[[Page 41540]]
frequency bands. Permissible operations in these bands include flexible
fixed, mobile, and broadcast uses, including mobile and other digital
new broadcast operation; fixed and mobile wireless commercial services
(including FDD- and TDD-based services); as well as fixed and mobile
wireless uses for private, internal radio needs, two-way interactive,
cellular, and mobile television broadcasting services. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to licenses
providing services in these bands. The SBA small business size standard
for this industry classifies a business as small if it has 1,500 or
fewer employees. U.S. Census Bureau data for 2017 show that there were
2,893 firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as of December 2021, there were
approximately 2,824 active Lower 700 MHz Band licenses. The
Commission's small business size standards with respect to Lower 700
MHz Band licensees involve eligibility for bidding credits and
installment payments in the auction of licenses. For auctions of Lower
700 MHz Band licenses the Commission adopted criteria for three groups
of small businesses. A very small business was defined as an entity
that, together with its affiliates and controlling interests, has
average annual gross revenues not exceeding $15 million for the
preceding three years, a small business was defined as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and an entrepreneur was defined as an entity that, together with its
affiliates and controlling interests, has average gross revenues not
exceeding $3 million for the preceding three years. In auctions for
Lower 700 MHz Band licenses 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.
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are
nationwide licenses associated with the 758-763 MHz and 788-793 MHz
bands. Permissible operations in these bands include flexible fixed,
mobile, and broadcast uses, including mobile and other digital new
broadcast operation; fixed and mobile wireless commercial services
(including FDD- and TDD-based services); as well as fixed and mobile
wireless uses for private, internal radio needs, two-way interactive,
cellular, and mobile television broadcasting services. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to licenses
providing services in these bands. The SBA small business size standard
for this industry classifies a business as small if it has 1,500 or
fewer employees. U.S. Census Bureau data for 2017 show that there were
2,893 firms that operated in this industry for the entire year. Of that
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as of December 2021, there were
approximately 152 active Upper 700 MHz Band licenses. The Commission's
small business size standards with respect to Upper 700 MHz Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, three winning bidders claiming very small business status
won five of the twelve available licenses.
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
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.
According to Commission data as of 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.
[[Page 41541]]
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 the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
The Educational Broadcasting Services. 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.
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 $47 million or less as small. U.S. Census Bureau
data for 2017 indicate that 7,842 firms in this industry operated for
the entire year. Of this number 7,226 firms had revenue of less than
$25 million. Based on this data, the Commission concludes that a
majority of firms in this industry are small.
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.
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 million per
year. While the U.S. Census Bureau data does not indicate the number of
non-commercial stations, the Commission estimates 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, 2025, there were 5,017
licensed noncommercial educational radio and television stations. In
addition, the Commission estimates as March 31, 2025, there were 383
licensed noncommercial educational (NCE) television stations, 383 Class
A TV stations, 1,786 LPTV stations and 3,099 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,
the Commission will presume that all noncommercial educational and
public broadcast stations qualify as small entities under the above SBA
small business size standards.
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 $47 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 a majority of firms in this industry are small.
D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirements and the type of professional skills necessary for
preparation of the report or record.
The Commission does not expect the actions proposed in the NPRM
will impose additional reporting or recordkeeping requirements for
small entities that currently participate in EAS or WEA. However, small
and other EAS Participants and Participating CMS providers could be
subject to compliance obligations based on the Commission's inquiries
in the NPRM. In addition, the Commission explores how effectively the
EAS and WEA systems are performing their objectives and what steps, if
any, the Commission should take to update these capabilities for the
modern technological environment. The Commission also seeks comment on
how EAS and WEA are working in practice for the public and public
safety authorities, and whether they are structured to perform
efficiently and with minimal unnecessary burdens for stakeholders. This
includes whether a new alerting system inclusive of other media and
platforms is needed to reach the public given consumers' shift away
from traditional platforms that transmit EAS alerts. Such a system may
impact small entities affiliated with platforms that are not currently
equipped to transmit EAS alerts.
At this time, the record does not include sufficient information to
allow the Commission to effectively quantify the costs of compliance
for small entities, including whether it will be necessary for small
entities to hire professionals to comply with the matters upon which
the Commission seeks comment in the NPRM. To help the Commission fully
evaluate the cost of compliance for small entities, the Commission
requests comment on the cost implications of potential changes to the
EAS and/or WEA systems, including the quantification of, and any
[[Page 41542]]
recommendations for, minimizing the costs for small entities related to
the discussions in the NPRM. The Commission expects the information it
receives in comments, including cost and benefit analyses, to help the
Commission identify and evaluate relevant matters for small entities,
including compliance costs and other burdens, that may result from the
proposals and inquiries the Commission makes in the NPRM.
E. Discussion of Significant Alternatives Considered That Minimize the
Significant Economic Impact on Small Entities
The RFA directs agencies to provide a description of any
significant alternatives to the proposed rules that would accomplish
the stated objectives of applicable statutes, and minimize any
significant economic impact on small entities. The discussion is
required to include alternatives such as: ``(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) and
exemption from coverage of the rule, or any part thereof, for such
small entities.''
In the NPRM, the Commission seeks comment on alternatives to the
existing EAS and WEA, some of which may impact small entities if
adopted. This includes whether a new alerting system, inclusive of
other media and platforms with greater focus on the capabilities of
end-use devices, is needed to reach the public, in contrast with the
existing, traditional platforms that transmit EAS and WEA alerts. The
NPRM also requests comment on whether and how the potential for non-
government entities to send alerts during emergencies should be taken
into account when modernizing EAS and WEA. The Commission seeks comment
on whether the nation's alerting system should be designed to guarantee
delivery of each alert, or whether those originating alerts should rely
on ``best effort'' at delivery. Relatedly, the NPRM asks whether
additional resiliency should be incorporated in EAS and WEA to allow
for redundancy that could limit disruptions to emergency communications
and promote the systems' objectives of widespread public notification
about emergencies.
The Commission seeks comment on compliance cost information,
including asking for recommendations to reduce any compliance burdens
for EAS Participants and participating commercial service providers,
including those that are small entities. The Commission expects to
consider more fully the economic impact on small entities following its
review of comments filed in response to the NPRM, including cost
analysis information. The Commission's evaluation of the comments filed
in this proceeding will shape the next steps it ultimately takes to
ensure the effectiveness of EAS and WEA while also minimizing the
economic impact and burdens that small entities may incur from any
rules the Commission adopts in this proceeding.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(n),
301, 303(b), 303(e), 303(g), 303(j), 303(r), 303(v), 307, 309, 316,
335, 403, 624(g), 706 and 713 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), 303(v), 307, 309, 316, 335, 403, 544(g), 606,
and 613, as well as by sections 602(a), (b), (c), (f), 603, 604 and 606
of the WARN Act, 47 U.S.C. 1201(a), (b), (c), (f), 1203, 1204 and 1205,
and the National Defense Authorization Act for Fiscal Year 2021, Public
Law 116-283, 134 Stat. 3388, 9201, 47 U.S.C. 1201, 1206, that this
Notice of Proposed Rulemaking is hereby adopted.
It is further ordered that, pursuant to applicable procedures set
forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR
1.415, 1.419, interested parties may file comments on the Notice of
Proposed Rulemaking on or before 30 days after publication in the
Federal Register, and reply comments on or before 45 days after
publication in the Federal Register. Pursuant to Executive Order 14215,
90 FR 10447 (Feb. 20, 2025), this regulatory action has been determined
to be significant under Executive Order 12866, 58 FR 68708 (Dec. 28,
1993).
It is further ordered that the Commission's Office of the Secretary
shall send a copy of this Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2025-16333 Filed 8-25-25; 8:45 am]
BILLING CODE 6712-01-P
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