[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Proposed Rules]
[Page 62195-62198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-21]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296, FCC 07-109]
Review of the Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document the Commission seeks comment on several
issues relating to the Emergency Alert System (EAS), in order to ensure
that EAS rules better protect the life and property of all Americans.
Recognizing the need of all Americans to be alerted in the event of an
emergency, the Commission seeks comment on those whose primary language
is not English, and persons with disabilities, to determine how these
communities might best be served by EAS. The Commission also seeks
comment on whether emergency alerts transmitted by local authorities
should be transmitted, and various ways that performance of EAS
operation may be assessed.
DATES: Written comments are due on or before December 3, 2007 and reply
comments are due on or before December 17, 2007.
ADDRESSES: You may submit comments, identified by EB Docket No. 04-296,
by any of the identified methods:
[[Page 62196]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments.
Mail: U.S. Postal Service first-class, Express, and
Priority mail must be addressed to 445 12th Street, SW., Washington, DC
20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone 202-418-
0530 or TTY: 202-418-0432.
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: Thomas Beers, Policy Division, Public
Safety and Homeland Security Bureau, (202) 418-1170, or TTY (202) 418-
7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Further Notice of Proposed Rulemaking
(FNPRM) in EB Docket No. 04-296, FCC 07-108, adopted on May 31, 2007,
and released on July 12, 2007.
Non-English Speakers
1. In the FNPRM, the Commission seeks comment on how non-English
speakers may best be served by national, state and local EAS. In
particular, we invite comment on how localities with non-English
speakers should be identified. In which markets should special
emergency alert rules apply? Should state and local EAS plans designate
a ``Local Primary Multilingual'' station to transmit emergency
information the relevant foreign language in local areas where a
substantial proportion of the population has a fluency in a language
other than English? How should we quantify the ``substantial
proportion''? Should at least one broadcast station in every market, or
some subset of markets, be required to monitor and rebroadcast
emergency information carried by a ``Local Primary Multilingual''
station. And, should stations that remain on the air during an
emergency be required to broadcast emergency information in the
relevant foreign language to the extent that the ``Local Primary
Multilingual'' station loses transmission capability. What criteria
should the originator of an EAS message use in determining which
languages to require EAS Participants to transmit? Should more than two
languages be transmitted in certain areas? We seek comments on the
technical, economic, practical, and legal issues, including the
Commission's authority, involved in making emergency information
accessible to persons whose primary language is not English. We would
especially welcome comments on state-level or other efforts designed to
address these issues. We note, for example, that Florida has
implemented a program to promote the provision of emergency information
to non-English speakers in that state, and that California and Texas
have addressed the issue in their EAS plans filed with this Commission.
We direct the Public Safety and Homeland Security Bureau to convene a
meeting--or series of meetings--as soon as possible concerning EAS as
it relates to the needs of non-English speakers. The Bureau should
thereafter submit into the record a progress report on these
discussions within 30 days of the Order's release.
Persons with Disabilities
2. In the FNPRM we reexamine the best way to make EAS and other
emergency information accessible to persons with disabilities. We
request comments on this subject, including, but not necessarily
limited to the following key issues: (i) Presentation of the audio feed
in text format, and vice-versa; (ii) making emergency information
available to various devices commonly used by persons with
disabilities; and (iii) providing emergency messages in multiple
formats to meet the needs of persons with disabilities. We also seek
comment on the interaction between our part 11 rules and section 79.2
of our rules. We welcome comments on the technical, economic,
practical, and legal issues, including the Commission's authority,
involved in making emergency information accessible to persons with
disabilities.
Other Local Official Alerts
3. Our action enables state governors (or their designees) to
initiate state-level and geo-targeted alerts for mandatory transmission
by EAS Participants. Since EAS activations to date have been
overwhelmingly related to weather and state and local alerts, we seek
comment on whether EAS Participants should be required to receive and
transmit alerts initiated by government entities other than a state
governor. Should local, county, tribal, or other state governmental
entities be allowed to initiate mandatory state and local alerts? How
should the Commission decide which public officials should be permitted
to activate the alert? Should the expansion of mandatory state and
local alerts be limited to certain types of alerts? We seek comment on
whether the Commission should specify the types of emergency alerts
that these local officials should be permitted to activate? Should only
certain classes of EAS Participants be required to transmit such alerts
by entities other than the governor? Does CAP allow for proper delivery
of such alerts, or should such alerts be mandatory only in the context
of Next Generation EAS? What other considerations should govern the
appropriate use of a mandatory alerting process by entities other than
a governor? We seek comment generally on how this type of requirement
should be implemented.
Assessing EAS Operation
4. We seek comment on several options for ensuring that EAS
operates as designed in an emergency, including whether we should
require: (i) Additional testing of the EAS, and specifically CAP; (ii)
station certification of compliance; and (iii) assessments of EAS
performance after an alert has been triggered. We will revisit the
issue of performance standards if it appears that they are warranted.
In particular, we seek comments on the technical, economic, practical,
and legal issues involved.
I. PROCEDURAL MATTERS
A. Ex-Parte Rules--Permit-but-Disclose Proceeding
5. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commision's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one- or two-sentence description of the views
and arguments presented is generally required. Other rules pertaining
to oral and written presentations are set forth in section 1.1206(b) of
the Commission's rules.
B. Comment Dates
6. 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
this document. Comments may be filed using (1) the FCC's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See
[[Page 62197]]
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24,121
(1998).
7. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should
follow the instructions provided on the website for submitting
comments.
8. For ECFS filers, if multiple dockets or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
9. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
10. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
11. The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
12. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
13. U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington, DC 20554.
14. To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
C. Paperwork Reduction Act
15. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
II. INITIAL REGULATORY FLEXIBILITY ANALYSIS
16. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this FNPRM. Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments on the first page
of the FNPRM. The Commission will send a copy of the FNPRM, including
this IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, the FNPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
17. In the FNPRM, we seek comment on four areas where the EAS rules
might be amended. Recognizing the need of all Americans to be alerted
in the event of an emergency, the Commission invites comments first on
non-English speakers and second on persons with disabilities to
determine how these communities might best be served by EAS. Third, the
Commission invites comment on whether emergency alerts transmitted by
local authorities should be transmitted. Fourth, the Commission invites
comment on various ways that the performance of EAS operations may be
assessed.
Legal Basis
18. Authority for the actions proposed in this FNPRM may be found
in sections 1, 4(i), 4(o), 303(r), 403, 624(g) and 706 of the
Communications Act of 1934, as amended, (Act) 47 U.S.C. 151, 154(i),
154(j), 154(o), 303(r), 544(g) and 606.
Description and Estimate of the Number of Small Entities To Which Rules
Will Apply
19. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of, the number of small entities that may
be affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
20. There are potential reporting or recordkeeping requirements
proposed in the FNPRM. For example, the Commission is considering
whether to adopt performance standards and reporting obligations for
EAS participants. The proposals set forth in the FNPRM are intended to
advance our public safety mission and enhance the performance of the
EAS while reducing regulatory burdens wherever possible.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
21. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
22. The FNPRM seeks comment on how the Commission may better
protect the lives and property of Americans. In commenting on this
goal, commenters are invited to propose steps that the Commission may
take to minimize any significant economic impact on small entities.
When considering proposals made by other parties, commenters are
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invited to propose significant alternatives that serve the goals of
these proposals. We expect that the record will develop to demonstrate
significant alternatives.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
23. None.
III. ORDERING CLAUSES
24. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Further 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 H. Dortch,
Secretary.
[FR Doc. 07-5331 Filed 11-1-07; 8:45 am]
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