[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Rules and Regulations]
[Pages 19559-19561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8636]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; DA 10-500]
Public Safety and Homeland Security Bureau Seeks Informal Comment
Regarding Revisions to the Federal Communication Commission's Rules
Governing the Emergency Alert System Pending Adoption of the Common
Alerting Protocol by the Federal Emergency Management Agency
AGENCY: Federal Communications Commission.
ACTION: Request for comments.
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SUMMARY: In this document, the Federal Communication Commission's
(Commission) Public Safety and Homeland Security Bureau (PSHSB) seeks
informal comment regarding what, if any, changes to the Commission's
rules governing the Emergency Alert System (EAS) might be necessitated
by the introduction of the Common Alerting Protocol (CAP), as well as
the Federal Emergency Management Agency's (FEMA) deployment of its
Integrated Public Alert and Warning System (IPAWS).
DATES: Comments are due on or before May 17, 2010 and reply comments
are due on or before June 14, 2010.
ADDRESSES: You may submit comments, identified by EB Docket No. 04-296
by any of the following methods:
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: 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 the Commission continues 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.
People With Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by e-mail: [email protected] 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.
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.
U.S. Postal Service first-class, Express, and Priority mail should
be addressed to 445 12th Street, SW., Washington, DC 20554.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Gregory M. Cooke, Associate Chief,
Policy Division, Public Safety and Homeland Security Bureau, at (202)
418-2351, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communication Commission's Public Notice in EB Docket No. 04-296, DA
10-500, released on March 25, 2010. This document is available to the
public at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-500A1.doc.
Synopsis of the Public Notice
1. CAP is an open, interoperable, data interchange format for
collecting and distributing all-hazard safety notifications and
emergency warnings to multiple information networks, public safety
alerting systems, and personal communications devices. In conjunction
with appropriate alert transmission architectures, CAP will allow FEMA,
the National Weather Service (NWS), a State Governor, or any other
authorized initiator of a public alert and warning to
[[Page 19560]]
automatically format and geo-target a particular alert simultaneously
to the public over multiple media platforms such as television radio,
cable, cell phones and electronic highway signs. CAP will also allow an
alert initiator to send alerts specifically formatted for people with
disabilities and for non-English speakers.
2. The Commission, in its Emergency Alert System (EAS) Second
Report and Order and Further Notice of Proposed Rulemaking (Second
Report and Order), FCC No. 07-109 (adopted May 31, 2007; released July
12, 2007) mandated that all EAS Participants must accept CAP-based EAS
alerts 180 days after the date on which FEMA publishes the applicable
technical standards for its adoption of CAP as the basis for FEMA-
generated alerts. On July 30, 2008, FEMA announced its intention to
adopt a version of CAP, and more recently announced that this adoption
may occur as early as the third quarter of 2010. Such action would
trigger the Commission's 180 day requirement.
3. The Commission's EAS rules, 47 CFR part 11, were not written to
accommodate a CAP-based EAS and will likely require significant
revision or replacement once CAP is adopted and implemented, even if
CAP-formatted messages continue to be utilized in connection with the
alert transmission architectures of the current or ``legacy'' EAS. In
advance of any rulemaking that may need to be conducted by the
Commission once FEMA announces its adoption of standards for CAP, PSHSB
seeks informal comment regarding what, if any, part 11 changes might be
necessitated by the introduction of CAP. PSHSB asks commenters to
identify, with specificity, those rules that need to be modified or
deleted, and to suggest new rules for Part 11--or a new rules framework
to replace part 11 rules. Accordingly, commenters should feel free to
address the entirety of part 11 rules in this regard. For example,
commenters may address rules for a CAP-based EAS system architecture,
equipment requirements, organization, operations, testing, and access
for people with disabilities and non-English speakers. PSHSB also asks
commenters to consider the degree to which the Commission can implement
flexibility into any new rules adopted for part 11, such that future
versions of CAP can be accommodated without further rule changes.
4. Further, FEMA's adoption of CAP anticipates FEMA[acute]s
deployment of IPAWS, which will combine new and innovative technologies
and distribution systems with greater redundancy and resiliency for the
delivery of emergency alerts. In its EAS Second Report and Order, the
Commission requires EAS Participants to configure their networks to
receive CAP-formatted alerts delivered via any new delivery systems,
whether wireline, internet, satellite, or other, within 180 days after
the date that FEMA announces the technical standards for the Next
Generation EAS. However, the Commission's rules presently also do not
address such alert distribution methods.
5. Accordingly, PSHSB also takes this opportunity to ask commenters
to identify specific rule changes or additions that they foresee could
advance or facilitate introduction of a CAP-based Next Generation EAS
architecture. In this regard, PSHSB seeks comment on the extent to
which states already are adopting CAP-based systems for distribution of
state and local EAS alerts, and the extent to which any revisions to
Part 11 can be adopted in manner consistent with those systems. Again,
PSHSB urges commenters to consider the degree to which the Commission
can and should implement flexibility into its new rules, in order to
accommodate future changes to EAS delivery systems without
necessitating repeated revisions to Part 11. What factors should the
Commission weigh in determining whether and-or when to implement future
rule changes? Should the structure and content of state EAS Plans
covered by Sec. 11.21 of the EAS rules be altered to accommodate CAP
and, if so, how?
6. Finally, PSHSB seeks comment on what rules changes, if any, are
necessary to our Part 11 rules to ensure access to a CAP-based EAS by
people with disabilities and those who do not speak English. We seek
comment on how states that have adopted CAP currently address this
issue. We also seek comment on the status of any initiatives or
programs developed by, as well as any ongoing discussions among,
interested stakeholders to address these issues.
Procedural Matters
A. Ex Parte Presentations
7. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission'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 requirements
pertaining to oral and written presentations are set forth in Sec.
1.1206(b) of the Commission's rules.
B. Comment Filing Procedures
8. 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. All filings related to this Notice of Proposed
Rulemaking should refer to EB Docket No. 04-296. Comments may be filed
using: (1) The Commission's Electronic Comment Filing System (ECFS),
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper
copies. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
9. 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 Web site for submitting
comments.
10. For ECFS filers, if multiple docket 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 [email protected], and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
11. 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.
12. 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.
13. Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be
delivered to FCC
[[Page 19561]]
Headquarters at 445 12th St., SW., Room TW-A325, Washington, DC 20554.
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. Please
Note: The Commission's former filing location at 236 Massachusetts
Avenue, NE., is permanently closed.
Federal Communications Commission.
David L. Furth,
Deputy Bureau Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2010-8636 Filed 4-14-10; 8:45 am]
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