[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Proposed Rules]
[Pages 33995-33997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13901]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; DA 12-834]
Petition Filed by American Cable Association for Partial
Reconsideration of the Commission's Emergency Alert System Fifth Report
and Order; Announces Schedule for Pleading Cycle
AGENCY: Federal Communications Commission.
ACTION: Petition for partial reconsideration.
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SUMMARY: In this document, the Federal Communication Commission's
(Commission) Public Safety and Homeland Security Bureau (Bureau) gives
notice that the American Cable Association (ACA) has filed a petition
for partial reconsideration of the Commission's Emergency Alert System
(EAS) Fifth Report and Order, and announces a schedule for the pleading
cycle.
DATES: Oppositions/Comments are due on or before June 25, 2012 and
replies are due on or before July 3, 2012.
ADDRESSES: You may submit comments, identified by EB Docket No. 04-296
by any of the following methods:
Federal eRulemaking Portal: htttp://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 email: [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 email 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 email at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in EB Docket No. 04-296, DA 12-834, released on May 25, 2012.
This document is available to the public at http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0525/DA-12-834A1.doc.
Synopsis of the Public Notice
1. On April 23, 2012, the Commission received a petition filed by
the ACA for partial reconsideration of that portion of the Commission's
EAS Fifth Report and Order (77 FR 16688, March 22, 2012) ``requiring
operators of cable systems lacking physical * * * broadband Internet
connections to seek waivers under the Commission's standard
procedures.'' ACA proposes that the Commission establish a streamlined
waiver process for cable systems that serve less than 501 subscribers,
subject to a showing of compliance with specified conditions, and that
waivers obtained through this process last at least one year. By the
Public Notice, the Commission establishes a pleading cycle for
oppositions and replies in response to the petition as indicated above.
In addition, the Commission invites comment on a number of specific
questions related to the petition as described below.
Background
2. The Fifth Report and Order will require all EAS Participants to
convert EAS messages formatted in the Common Alerting Protocol (CAP)
into messages that comply with EAS Protocol requirements, and to
monitor the Federal Emergency Management Agency's Integrated Public
Alert and Warning System (IPAWS) for federal CAP-formatted alert
messages using whatever interface technology is appropriate. The
Commission noted that ``the primary method of distributing CAP messages
will be via a broadband Internet connection.'' Accordingly, the
Commission also decided in the Fifth Report and Order that ``the
physical unavailability of a broadband Internet service offers a
presumption in favor of a waiver.'' The Commission noted that this
presumption would primarily benefit smaller EAS Participants, for whom
obtaining CAP capable EAS equipment would be a relatively larger
financial commitment. However, the Commission also determined that such
a waiver ``likely would not exceed six months,'' with an option of
renewal, given that broadband Internet access ``may become available at
some point after a waiver has been granted, and that alternate means of
distributing CAP alert messages, such as satellite delivery, may also
become available.''
3. In its Petition, ACA argues that the Commission's foregoing
presumption would ``not provide meaningful relief for * * * small
operators'' due to the ``need to devote significant administrative
resources to preparing waiver requests.'' ACA argues that to
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ameliorate this concern the Commission should implement an streamlined
waiver process for systems serving fewer than 501 subscribers,
requiring a ``waiver request certification * * * signed by a company
representative or officer responsible for its truthfulness, [which]
should include the following: * * *
A statement that the cable operator currently does not
have physical access to a wireline broadband connection at the system
head-end.
A statement that obtaining physical access to a wireline
broadband connection would require costs in excess of a provider's
normal installation drop fee (i.e. special construction costs or line
extension fees).''
ACA argues that ``[w]aivers granted pursuant to this process should
be granted for at least a period of one year, with renewal years
available, or until the operator: (i) Obtains broadband Internet
service at the system headend; or (ii) can obtain broadband Internet
service without incurring additional construction or set-up fees, such
as line extension charges.''
Discussion
4. The Commission seeks comment on ACA's Petition. It also seeks
comment on several specific issues. First, it notes that the its Fifth
Report and Order nowhere states that a wireline broadband connection is
necessary to comply with the Commission's requirement that EAS
Participants be able to receive CAP-formatted alerts by June 30, 2012.
Accordingly, it seeks comment whether any presumption in favor of
granting a waiver based on lack of physical access to broadband should
be limited to an EAS Participant's lack of physical access to a
wireline broadband connection, as ACA requests. Stated differently,
would an EAS Participant's physical access to, for example, a wireless
or satellite broadband connection provide sufficient bandwidth for
purposes of complying with the relevant requirements of the Fifth
Report and Order?
5. The Commission also seeks comment on ACA's suggestion that the
Commission should, at least in part, consider the costs to EAS
Participants of obtaining broadband Internet access service when
assessing whether to grant waiver relief. If so, how should the
Commission weigh such cost in this assessment? For example, ACA
requests that the Commission waive CAP compliance for cable systems
serving fewer than 501 subscribers if the cost of broadband access is
``in excess of a provider's normal installation drop fee (i.e. special
construction costs or line extension fees).'' Is this the proper
criterion for such an assessment? If not, what specific costs should
the Commission consider to make such an assessment? Should such an
assessment be dependent on the financial condition of the petitioner?
If so, what standard should the Commission use for assessing whether a
waiver is warranted based on financial condition? How much and what
kind of information about a petitioner's financial condition should be
submitted in support of a waiver request? Should information as to
where the waiver applicant is in its EAS equipment replacement cycle be
a factor in the Commission's analysis? Should factual statements in the
waiver request be certified by a corporate officer, rather than some
other representative? Does the proposed one-year period for waivers,
terminable once broadband access becomes available without ``additional
construction or set-up fees,'' adequately address the Commission's
concerns about changing circumstances? Would a six-month reporting
condition, attesting to the continuing compliance with the original
conditions, be a better way of addressing those concerns without adding
unnecessary costs?
6. Finally, in its petition, ACA proposes that those filing a
waiver certification include ``[a]n affirmation that the operator
understands it must continue to operate its legacy EAS equipment.'' Is
this criterion sufficient to ensure that subscribers remain able to
receive timely and accurate EAS alerts? Should the Commission, for
example, require that the waiver certification include an affirmation
that the cable operator continues to operate legacy EAS equipment that
is capable of receiving and transmitting the Emergency Action
Notification?
Procedural Matters
A. Ex Parte Presentations
7. This matter is subject to the ``permit-but-disclose'' provisions
of 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)
of the Commission's rules. 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.
B. Comment Filing Procedures
8. Interested parties may file oppositions and other comments and
reply comments on or before the dates indicated on the first page of
this document. All pleadings must reference EB Docket No. 04-296.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy 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.
Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the
[[Page 33997]]
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
Commercial 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 must be addressed to 445 12th Street SW., Washington DC 20554.
9. People with Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (tty).
10. Address all filings to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street SW., Room TW-A325, Washington, DC 20554. Parties should
also send a copy of their filings to Gregory Cooke, Policy and
Licensing Division, Public Safety and Homeland Security Bureau, Federal
Communications Commission, Room 7-A744, 445 12th Street SW.,
Washington, DC 20554, or by email to [email protected]. Parties
shall also serve one copy with the Commission's copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street SW., Room
CY-B402, Washington, DC 20554, (202) 488-5300, or via email to
[email protected].
11. Documents in EB Docket No. 04-296 are available for public
inspection and copying during business hours at the FCC Reference
Information Center, Portals II, 445 12th St. SW., Room CY-A257,
Washington, DC 20554. The documents are available for purchase from
BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202)
488-5562, email [email protected]. These documents are also available for
viewing on the Commission's Web site at http://www.fcc.gov/cgb/ecfs.
Federal Communications Commission.
Lisa M. Fowlkes,
Deputy Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2012-13901 Filed 6-7-12; 8:45 am]
BILLING CODE 6712-01-P