[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16806-16808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06296]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 10

[PS Docket No. 07-287; DA 13-280]


The Commercial Mobile Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to change 
the name of the Commercial Mobile Alert System (CMAS) to Wireless 
Emergency Alerts (WEA). This is intended to conform the name used for 
the wireless alert system regulated under Commission rules to the name 
used by the major commercial mobile service providers that participate 
in that system.

DATES: Effective: March 19, 2013.

FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief, 
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Order in PS Docket 
No. 07-287, DA 13-280, adopted on February 25, 2013, and released on 
February 25, 2013. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 
20554. The complete text of this document also may be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., 445 
12th Street SW., Room, CY-B402, Washington, DC 20554. The full text may 
also be downloaded at: www.fcc.gov.
    1. The Warning Alert and Response Network Act (WARN Act) required 
the Commission to adopt the technical requirements necessary for 
commercial mobile service providers to transmit emergency alerts, if 
they elect to transmit those alerts. In the rulemaking proceeding that 
the Commission launched to implement this WARN Act requirement, the 
Commission used the name Commercial Mobile Alert System (CMAS) to 
describe the system that commercial mobile service providers could use 
to transmit emergency alerts to the public. The regulations governing 
this system are codified in part 10 of the Commission's rules and also 
refer to this system as CMAS. Recently, however, an increasing number 
of the commercial mobile service providers that participate in the 
system are referring to it as Wireless Emergency Alerts (WEA) in the 
information that they provide to their subscribers.
    2. In this Order, the Commission revises part 10 of its rules by 
changing the name ``Commercial Mobile Alert System'' to ``Wireless 
Emergency Alerts'' throughout the part and by changing references to 
``CMAS'' to ``WEA.'' These revisions will conform the name used for the 
wireless alert system regulated under our rules to the name used by the 
major commercial mobile service providers that participate in that 
system. Accordingly, the rules will more accurately reflect common 
parlance and thus reduce confusion.
    3. The revisions adopted in this Order and set forth below merely 
change the name of the commercial mobile alert service regulated under 
Part 10 of the Commission's rules. These revisions are thus 
ministerial, non-substantive, and editorial. Accordingly, the 
Commission found good cause to conclude that notice and comment 
procedures are unnecessary and would not serve any useful purpose.
    4. Because the rule revisions will not affect the substantive 
rights or interests of any licensee, the Commission also found good 
cause to make these non-substantive, editorial revisions of the rules 
effective upon publication in the Federal Register.
    5. The Commission's Public Safety and Homeland Security Bureau 
adopted this Order pursuant to its delegated authority to ``conduct[] 
rulemaking proceedings'' in matters pertaining to public safety and 
homeland security. Pursuant to Sec.  0.392 of the Commission's rules, 
the Bureau Chief is ``delegated authority to perform all functions of 
the Bureau, described in . . . Sec.  0.191'' with certain specified 
exceptions. None of those exceptions are present here.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    6. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
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. Final Regulatory Flexibility Analysis

    7. Because the Commission adopted this Order without the 
publication of a notice of proposed rulemaking, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., does not require the Commission 
to prepare a regulatory flexibility analysis.

III. Ordering Clauses

    8. Accordingly, it is ordered that, effective upon publication in 
the Federal Register, part 10 of the Commission's rules is revised, as 
set forth below, pursuant to the authority contained in sections 4(i), 
5(c), and 303(r) of the Communications Act, 47 U.S.C. 154(i), 155(c), 
and 303(r), and Sec. Sec.  0.231(b) and 0.392(e) of the Commission's 
regulations, 47 CFR 0.191(e) and 0.392.
    9. It is further ordered that the Secretary shall cause a copy of 
this Order to be published in the Federal Register.
    10. It is further ordered that the Bureau shall send a copy of this 
Order in a report to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 10

    Communications common carriers, Radio.

Federal Communications Commission.
David S. Turetsky
Chief, Public Safety and Homeland Security Bureau.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR Part 10 as follows:

[[Page 16807]]

PART 10--WIRELESS EMERGENCY ALERTS

0
1. The authority citation for Part 10 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 
606; sections 602(a), (b), (c), (f), 603, 604 and 606 of Pub. L. 
109-347, 120 Stat. 1884.


0
2. Revise the heading of Part 10 to read as set forth above.

0
3. Section 10.2 is revised to read as follows:


Sec.  10.2  Purpose.

    The rules in this part establish the requirements for participation 
in the voluntary Wireless Emergency Alerts system.

0
4. Section 10.10 is amended by revising paragraphs (b), (c), (h), (i) 
and (j) to read as follows:


Sec.  10.10  Definitions.

* * * * *
    (b) Common Alerting Protocol. The Common Alerting Protocol (CAP) 
refers to Organization for the Advancement of Structured Information 
Standards (OASIS) Standard CAP-V1.1, October 2005 (available at http://www.oasis-open.org/specs/index.php#capv1.1), or any subsequent version 
of CAP adopted by OASIS and implemented by the WEA.
    (c) Wireless Emergency Alerts. The Wireless Emergency Alerts (WEA) 
system refers to the voluntary emergency alerting system established by 
this part, whereby Commercial Mobile Service Providers may elect to 
transmit Alert Messages to the public.
* * * * *
    (h) CMS provider Gateway. The mechanism(s) that supports the ``C'' 
interface and associated protocols between the Alert Gateway and the 
CMS provider Gateway, and which performs the various functions 
associated with the authentication, management and dissemination of WEA 
Alert Messages received from the Alert Gateway.
    (i) CMS provider infrastructure. The mechanism(s) that distribute 
received WEA Alert Messages throughout the CMS provider's network, 
including cell site/paging transceivers and perform functions 
associated with authentication of interactions with the Mobile Device.
    (j) Mobile Devices. The subscriber equipment generally offered by 
CMS providers that supports the distribution of WEA Alert Messages.
0
5. Section 10.11 is revised to read as follows:


Sec.  10.11  WEA implementation timeline.

    Notwithstanding anything in this part to the contrary, a 
participating CMS provider shall begin an 18 month period of 
development, testing and deployment of the WEA in a manner consistent 
with the rules in this part no later than 10 months from the date that 
the Federal Alert Aggregator and Alert Gateway makes the Government 
Interface Design specifications available.

0
6. Revise the heading of Subpart B to read as follows:

Subpart B--Election To Participate in Wireless Emergency Alerts 
System

0
7. Section 10.210 is amended by revising the section heading and 
paragraphs (a) introductory text, (a)(2) and (b) to read as follows:


Sec.  10.210  WEA participation election procedures.

    (a) A CMS provider that elects to transmit WEA Alert Messages, in 
part or in whole, shall electronically file with the Commission a 
letter attesting that the Provider:
* * * * *
    (2) Commits to support the development and deployment of technology 
for the ``C'' interface, the CMS provider Gateway, the CMS provider 
infrastructure, and mobile devices with WEA functionality and support 
of the CMS provider selected technology.
    (b) A CMS provider that elects not to transmit WEA Alert Messages 
shall file electronically with the Commission a letter attesting to 
that fact.
* * * * *

0
8. Section 10.220 is revised to read as follows:


Sec.  10.220  Withdrawal of election to participate in WEA.

    A CMS provider that elects to transmit WEA Alert Messages, in part 
or in whole, may withdraw its election without regulatory penalty or 
forfeiture if it notifies all affected subscribers as well as the 
Federal Communications Commission at least sixty (60) days prior to the 
withdrawal of its election. In the event that a carrier withdraws from 
its election to transmit WEA Alert Messages, the carrier must notify 
each affected subscriber individually in clear and conspicuous language 
citing the statute. Such notice must promptly inform the customer that 
he or she no longer could expect to receive alerts and of his or her 
right to terminate service as a result, without penalty or early 
termination fee. Such notice must facilitate the ability of a customer 
to automatically respond and immediately discontinue service.

0
9. Section 10.230 is revised to read as follows:


Sec.  10.230  New CMS providers participating in WEA.

    CMS providers who initiate service at a date after the election 
procedure provided for in Sec.  10.210(d) and who elect to provide WEA 
Alert Messages, in part or in whole, shall file electronically their 
election to transmit in the manner and with the attestations described 
in Sec.  10.210(a).

0
10. Section 10.240 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  10.240  Notification to new subscribers of non-participation in 
WEA.

    (a) A CMS provider that elects not to transmit WEA Alert Messages, 
in part or in whole, shall provide clear and conspicuous notice, which 
takes into account the needs of persons with disabilities, to new 
subscribers of its non-election or partial election to provide Alert 
messages at the point-of-sale.
* * * * *

0
11. Section 10.250 is amended by revising the section heading and 
paragraphs (a) and (b) to read as follows:


Sec.  10.250  Notification to existing subscribers of non-participation 
in WEA.

    (a) A CMS provider that elects not to transmit WEA Alert Messages, 
in part or in whole, shall provide clear and conspicuous notice, which 
takes into account the needs of persons with disabilities, to existing 
subscribers of its non-election or partial election to provide Alert 
messages by means of an announcement amending the existing subscriber's 
service agreement.
    (b) For purposes of this section, a CMS provider that elects not to 
transmit WEA Alert Messages, in part or in whole, shall use the 
notification language set forth in Sec.  10.240 (c) or (d) 
respectively, except that the last line of the notice shall reference 
FCC Rule 47 CFR 10.250, rather than FCC Rule 47 CFR 10.240.
* * * * *

0
12. Section 10.260 is revised to read as follows:


Sec.  10.260  Timing of subscriber notification.

    A CMS provider that elects not to transmit WEA Alert Messages, in 
part or in whole, must comply with Sec. Sec.  10.240 and 10.250 no 
later than 60 days following an announcement by the Commission that the 
Alert Aggregator/Gateway system is operational and capable of 
delivering emergency alerts to participating CMS providers.

0
13. Section 10.270 is revised to read as follows:

[[Page 16808]]

Sec.  10.270  Subscribers' right to terminate subscription.

    If a CMS provider that has elected to provide WEA Alert Messages in 
whole or in part thereafter chooses to cease providing such alerts, 
either in whole or in part, its subscribers may terminate their 
subscription without penalty or early termination fee.

0
14. Section 10.280 is amended by revising the section heading to read 
as follows:


Sec.  10.280  Subscribers' right to opt out of WEA notifications.

* * * * *

0
15. Section 10.320 is amended by revising paragraphs (c) and (f)(1) to 
read as follows:


Sec.  10.320  Provider alert gateway requirements.

* * * * *
    (c) Security. The CMS provider gateway must support standardized 
IP-based security mechanisms such as a firewall, and support the 
defined WEA ``C'' interface and associated protocols between the 
Federal alert gateway and the CMS provider gateway.
* * * * *
    (f) * * *
    (1) The information must be provided 30 days in advance of the date 
when the CMS provider begins to transmit WEA alerts.
* * * * *

0
16. Section 10.340 is revised to read as follows:


Sec.  10.340  Digital television transmission towers retransmission 
capability.

    Licensees and permittees of noncommercial educational broadcast 
television stations (NCE) or public broadcast television stations (to 
the extent such stations fall within the scope of those terms as 
defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 
397(6))) are required to install on, or as part of, any broadcast 
television digital signal transmitter, equipment to enable the 
distribution of geographically targeted alerts by commercial mobile 
service providers that have elected to transmit WEA alerts. Such 
equipment and technologies must have the capability of allowing 
licensees and permittees of NCE and public broadcast television 
stations to receive WEA alerts from the Alert Gateway over an 
alternate, secure interface and then to transmit such WEA alerts to CMS 
Provider Gateways of participating CMS providers. This equipment must 
be installed no later than eighteen months from the date of receipt of 
funding permitted under section 606(b) of the WARN Act or 18 months 
from the effective date of these rules, whichever is later.

0
17. Section 10.350 is amended by revising the section heading, 
introductory text, and paragraphs (a) introductory text, (a)(2), (a)(4) 
and (a)(5) to read as follows:


Sec.  10.350  WEA Testing requirements.

    This section specifies the testing that will be required, no later 
than the date of deployment of the WEA, of WEA components.
    (a) Required monthly tests. Testing of the WEA from the Federal 
Alert Gateway to each Participating CMS Provider's infrastructure shall 
be conducted monthly.
* * * * *
    (2) Participating CMS Providers shall schedule the distribution of 
the RMT to their WEA coverage area over a 24 hour period commencing 
upon receipt of the RMT at the CMS Provider Gateway. Participating CMS 
Providers shall determine the method to distribute the RMTs, and may 
schedule over the 24 hour period the delivery of RMTs over geographic 
subsets of their coverage area to manage traffic loads and to 
accommodate maintenance windows.
* * * * *
    (4) The RMT shall be initiated only by the Federal Alert Gateway 
Administrator using a defined test message. Real event codes or alert 
messages shall not be used for the WEA RMT message.
    (5) A Participating CMS Provider shall distribute an RMT within its 
WEA coverage area within 24 hours of receipt by the CMS Provider 
Gateway unless pre-empted by actual alert traffic or unable due to an 
unforeseen condition.
* * * * *

0
18. Section 10.420 is revised to read as follows:


Sec.  10.420  Message elements.

    A WEA Alert Message processed by a Participating CMS Provider shall 
include five mandatory CAP elements--Event Type; Area Affected; 
Recommended Action; Expiration Time (with time zone); and Sending 
Agency. This requirement does not apply to Presidential Alerts.

0
19. Section 10.430 is revised to read as follows:


Sec.  10.430  Character limit.

    A WEA Alert Message processed by a Participating CMS Provider must 
not exceed 90 characters of alphanumeric text.

0
20. Section 10.440 is revised to read as follows:


Sec.  10.440  Embedded reference prohibition.

    A WEA Alert Message processed by a Participating CMS Provider must 
not include an embedded Uniform Resource Locator (URL), which is a 
reference (an address) to a resource on the Internet, or an embedded 
telephone number. This prohibition does not apply to Presidential 
Alerts.

0
21. Section 10.470 is revised to read as follows:


Sec.  10.470  Roaming.

    When, pursuant to a roaming agreement (see Sec.  20.12 of this 
chapter), a subscriber receives services from a roamed-upon network of 
a Participating CMS Provider, the Participating CMS Provider must 
support WEA alerts to the roaming subscriber to the extent the 
subscriber's mobile device is configured for and technically capable of 
receiving WEA alerts.

0
22. Section 10.500 is amended by revising the introductory text to read 
as follows:


Sec.  10.500  General requirements.

    WEA mobile device functionality is dependent on the capabilities of 
a Participating CMS Provider's delivery technologies. Mobile devices 
are required to perform the following functions:
* * * * *
[FR Doc. 2013-06296 Filed 3-18-13; 8:45 am]
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