[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8619-8624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03990]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 10

[PS Docket Nos. 15-91, 15-94; FCC 18-4]


Wireless Emergency Alerts; Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document adopts revisions to Wireless Emergency Alert 
(WEA) rules to improve utility of WEA as a life-saving tool. By this 
action, the Commission adopts rules that will improve the accuracy with 
which Participating CMS Providers transmit Alert Messages to the 
specified target area. This document also adopts rules to preserve 
Alert Messages on mobile devices, inform consumers about WEA 
capabilities at the point of sale, define participation in WEA, and 
extend the compliance deadline for Spanish language alerting. Through 
this action, the Commission hopes to empower state and local alert 
originators to utilize WEA during emergencies.

DATES: Effective dates: The amendments to Sec. Sec.  10.10 and 10.210 
are effective April 30, 2018. The amendments to Sec. Sec.  10.450 and 
10.500 are effective November 30, 2019. The amendment to Sec.  10.240 
contains new or modified information collection requirements and will 
not be effective until those information collection requirements are 
approved by the Office of Management and Budget. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing the effective date for the section.
    Compliance dates: Participating CMS Providers must comply with the 
new point of sale disclosure rules by November 30, 2019, or as 
specified by publication in the Federal Register of a document 
announcing approval by the Office of Management and Budget (OMB) and 
the relevant effective date, whichever is later. CMS Providers are 
required to update their WEA election status within June 28, 2018 of a 
document announcing approval by the Office of Management and Budget of 
the modified information collection requirements.
    Applicability date: The requirement to support Spanish language 
Alert Messages in Sec.  10.480 is applicable beginning May 1, 2019.

FOR FURTHER INFORMATION CONTACT: James Wiley, Attorney Advisor, 
Cybersecurity and Communications

[[Page 8620]]

Reliability Division, Public Safety and Homeland Security Bureau, at 
202-418-1678, or by email at [email protected]. For additional 
information concerning the information collection requirements 
contained in this document, send an email to [email protected] or contact 
Nicole Ongele, Office of Managing Director, Performance Evaluation and 
Records Management, 202-418-2991, or by email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order and Second Order on Reconsideration (Second Report and 
Order) in PS Docket No. 15-91, No. 15-94, FCC 18-4, released on January 
31, 2018. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room CY-1257), 445 12th Street SW, Washington, DC 20554, or online at: 
https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0131/FCC-18-4A1.pdf. The rules in this part are issued pursuant to the 
authority contained in the Warning, Alert, and Response Network Act, 
Title VI of the Security and Accountability for Every Port Act of 2006, 
Public Law 109-347, Titles I through III of the Communications Act of 
1934, as amended, and Executive Order 13407 of June 26, 2006, Public 
Alert and Warning System, 71 FR 36975 (2006).

Synopsis

    1. In this Second Report and Order, the Federal Communication 
Commission takes measures to enhance the effectiveness of Wireless 
Emergency Alerts (WEA). In particular, the Commission improves the 
accuracy with which emergency managers can geographically target the 
delivery of WEA Alert Messages to areas within their jurisdiction. New 
rules will ensure that consumers will continue to be able to retrieve 
and review Alert Message content for 24 hours from receipt. The Order 
also defines what it means for a Commercial Mobile Service (CMS) 
Provider to participate in WEA ``in whole'' versus ``in part.'' In the 
Second Order on Reconsideration, the Commission aligns the deadline for 
supporting Alert Messages initiated in Spanish with the deadline for 
extending the length of WEA messages from 90 to 360 characters.

I. Background

    2. The WEA system is a tool for authorized federal, state and local 
government entities to geographically target alerts and warnings to the 
WEA-capable mobile devices of Participating CMS Providers' subscribers. 
The Warning Alert and Response Network (WARN) Act gives the Federal 
Communications Commission (Commission) authority to adopt ``relevant 
technical standards, protocols, procedures and other technical 
requirements'' governing WEA. In September 2016, the Commission adopted 
the WEA Report and Order, 81 FR 75710 (Nov. 1, 2016), which included 
requirements to support Spanish language Alert Messages. It also 
adopted the WEA Further Notice of Proposed Rulemaking (WEA FNPRM), 81 
FR 78539 (Nov. 8, 2016), seeking comment on measures to further improve 
emergency managers' ability to geographically target (geo-target) Alert 
Messages; to preserve Alert Messages on mobile devices for consumer 
review until they expire; and to define the extent of participation in 
WEA.

II. Discussion

    3. Geo-targeting of Alert Messages. This Order requires 
Participating CMS Providers to deliver Alert Messages to an area that 
matches the target area specified by alert originators, as proposed in 
the WEA FNPRM. The record demonstrates a compelling public interest 
need for WEA Alert Messages to be delivered in a more geographically 
targeted manner. Emergency managers and others emphasize that more 
accurate geo-targeting will encourage alert originators to use WEA, 
enable them to use WEA to more effectively motivate consumers to take 
protective actions, and will reduce the potential for over-alerting and 
subscriber opt-out of receiving WEA Alert Messages. In addition to 
supporting the need for more stringent geo-targeting requirements, the 
majority of commenters indicate that it is technically feasible to 
match delivery of WEA Alert Messages to an area prescribed by the alert 
originator. The Order defines ``matching'' the target area as 
delivering an Alert Message to 100 percent of the target area with no 
more than 0.1 of a mile overshoot. The majority of emergency managers 
support this degree of geo-targeting accuracy as sufficient to meet 
their alerting needs. The Order does not specify the technological 
approach Participating CMS Providers should take to comply with this 
geo-targeting requirement.
    4. The Order acknowledges that, in certain circumstances, a 
Participating CMS Provider may be technically incapable of matching the 
target area. These circumstances include when the target area is 
outside of the Participating CMS Provider's network coverage area, when 
mobile devices have location services disabled, and when legacy 
networks or devices cannot be updated to support this functionality. 
These circumstances do not include where a CMS Provider cannot match 
the target area using network-based solutions and declines to pursue 
other available technologies. Furthermore, the Commission expects 
network infrastructure constraints to more granular geo-targeting will 
be a time limited issue.
    5. If some or all of a Participating CMS Provider's network 
infrastructure is technically incapable of matching the specified 
target area, Participating CMS Providers must deliver the Alert Message 
to an area that best approximates the target area on and only on those 
aspects of its network infrastructure that are incapable of matching 
the target area. Any Participating CMS Provider that is technically 
capable of matching the target area is required to do so. Inability to 
comply with this rule by November 30, 2019 does not constitute 
technical incapability. In addition, a Participating CMS Provider must 
match only the portion of the target area that falls within its 
network's coverage area. The Order clarifies that CMS Providers are no 
longer allowed to transmit an Alert Message to an area no larger than 
the propagation area of a single transmission site.
    6. The requirement to match the target area applies only to new 
mobile devices offered for sale after November 30, 2019 and to existing 
devices capable of being upgraded to support this matching standard. 
For existing mobile devices that cannot be upgraded, Participating CMS 
Providers must deliver the Alert Message to their ``best 
approximation'' of the target area. These devices will still be 
considered ``WEA-capable'' as of November 30, 2019, as long as the CMS 
Provider delivers Alert Messages to these devices using its ``best 
approximation'' of the target area. WEA-capable mobile devices with 
location services turned off (or otherwise unavailable) at the time of 
the Alert Message receipt should display the Alert Message by default, 
provided they are within a Participating CMS Provider's best 
approximation of the target area.
    7. In matching the target area, Participating CMS Providers may not 
limit emergency managers' ability to use the full 360 characters of 
alphanumeric text allocated for displayable WEA Alert Messages. The 
record indicates that it is technically feasible for Participating CMS 
Providers to transmit polygon coordinates to mobile devices without

[[Page 8621]]

affecting the 360-character allotment for displayable Alert Message 
text, by using lossless compression techniques or limiting the number 
of vertices used to describe the target area. The Order specifies that 
Participating CMS Providers that choose to use device-based geo-fencing 
to match the target area are only required to transmit 76 vertices of 
up to four decimal places specifying the target area to a mobile 
device.
    8. The Order requires Participating CMS Providers to comply with 
this requirement by November 30, 2019. The record indicates that 
enhanced geo-targeting can be implemented sooner than the 42 months 
proposed in the WEA FNPRM. In light of this record, and the urgent 
public safety benefits of enhanced geo-targeting, we find that the 
November 30, 2019 compliance deadline is feasible and in the public 
interest. The Commission expects the industry to move expeditiously to 
meet the November 30, 2019 compliance deadline. However, if the 
standards process is delayed or prolonged through no fault of a 
Participating CMS provider, the Commission may consider waiver of this 
requirement.
    9. Consumer Disclosure Requirements. Section 10.240 of the 
Commission's rules requires that CMS Providers participating in WEA 
``in part'' provide notice to consumers that WEA may not be available 
on all devices or within the entire service area, as well as details 
about the availability of WEA service. The Order further requires CMS 
Providers participating in WEA ``in part'' to disclose the extent to 
which enhanced geo-targeting is available on their network and devices 
at the point of sale, and the benefits of enhanced geo-targeting. These 
disclosures will allow consumers to make more informed choices about 
their ability to receive WEA Alert Messages that are relevant to them. 
The Commission suggests, but does not require, that Participating CMS 
Providers disclose to consumers at the point of sale that if they have 
not enabled location services on their devices, they may receive Alert 
Messages that are not relevant to them. Participating CMS Providers 
must comply with these enhanced disclosure rules by November 30, 2019, 
or as specified by publication in the Federal Register of a document 
announcing approval by the Office of Management and Budget (OMB) and 
the relevant effective date, whichever is later.
    10. Preservation of Alert Messages. The Order adopts the WEA 
FNPRM's proposal to amend Sec.  10.500 of the WEA rules to state that 
WEA-capable mobile devices must preserve Alert Messages in a consumer-
accessible format and location for at least 24 hours after the Alert 
Message is received on the subscriber's mobile device, or until deleted 
by the subscriber. The record shows that allowing consumers to review 
Alert Messages after they have been dismissed can improve comprehension 
of potentially life-saving information. Commenters indicate that it is 
feasible to preserve Alert Messages, and that some WEA-capable mobile 
devices are already capable of preserving Alert Messages. For those 
mobile devices that do not currently preserve Alert Messages, the 
record shows this capability can be enabled through a software update.
    11. The Order require Participating CMS Providers to comply with 
this requirement by November 30, 2019. The record shows that 22 months 
is sufficient time for Participating CMS Providers to implement the 
software update needed to enable this functionality--and making this 
requirement align with the precise geo-targeting requirement should 
ease administration and oversight. Because the Order does not mandate a 
uniform approach to the preservation of Alert Messages, compliance with 
this requirement does not implicate changes to the provision of WEA 
that would necessitate standards development. Accordingly, the Order 
concludes that it is both feasible and in the public interest to 
require this functionality on WEA-capable mobile devices by November 
30, 2019.
    12. Defining WEA Participation. As proposed in the WEA FNPRM, the 
Order amends Sec.  10.10 of the Commission's rules to state that CMS 
Providers participate in WEA ``in whole'' when they agree to transmit 
WEA Alert Messages in a manner consistent with the technical standards, 
protocols, procedures, and other technical requirements implemented by 
the Commission in the entirety of their geographic service area, and 
when all mobile devices that they offer at the point of sale are WEA-
capable. It further amends Sec.  10.10 to state that CMS Providers 
participate in WEA ``in part'' when they agree to transmit WEA Alert 
Messages in a manner consistent with the technical standards, 
protocols, procedures, and other technical requirements implemented by 
the Commission in some, but not in all, of their geographic service 
areas, or not all mobile devices that they offer at the point of sale 
are WEA-capable. The Order clarifies that CMS Providers that 
participate in WEA ``in part'' need not offer WEA on all devices 
available at the point of sale. These definitions will provide greater 
clarity to consumers about the availability of WEA service on networks 
and devices.
    13. These definitions will become effective 60 days from their 
publication in the Federal Register. Commenters agree that CMS 
Providers should be required to renew their elections, if necessary to 
remain accurate and consistent with these definitions. Accordingly, the 
Order allows CMS Providers 120 days from the date of publication in the 
Federal Register of a document announcing approval by the Office of 
Management and Budget of the modified information collection 
requirements to update their WEA election status. This renewal will 
ensure that Participating CMS Providers' election notices are 
consistent with the definitions of ``in whole'' and ``in part'' 
participation adopted in this Order, and will promote public awareness 
and understanding of CMS Provider participation.
    14. Second Order on Reconsideration. The Second Order on 
Reconsideration grants CTIA's request that the Commission extend the 
compliance deadline for supporting Spanish-language Alert Messages from 
two years to 30 months from the rule's publication in the Federal 
Register, to be consistent with the deadline for the rule that CMS 
Providers support WEA messages of up to 360 characters in length. The 
Order concludes that aligning the Spanish-language alert implementation 
compliance timeframe with the 360-character length requirement 
timeframe will both ensure that Spanish-language alerts are as 
effective as possible and will reduce costs for Participating CMS 
Providers. Absent such relief, Participating CMS Providers would have 
to incur separate costs of testing for both Spanish-language and 360-
character WEA messages. Accordingly, the Order finds that extending the 
compliance deadline for Spanish-language alerting is in the public 
interest. This requirement will become applicable beginning May 1, 
2019.
    15. Cost and Benefit Analysis. The Order shows that the benefits 
from the improvements to WEA adopted in the Order should exceed their 
cost. The Order estimates the cost burden on CMS Providers as $41 
million. This cost results mainly from modifications to standards and 
software. The Order estimates that the public safety benefit of the 
rules adopted in this Order will be in excess of these costs. This 
assessment of costs is based on the quantitative framework described in 
the WEA FNPRM, which no commenter opposed. The WEA FNPRM sought

[[Page 8622]]

comment on the costs and benefits of the proposed rules, but the 
Commission received a sparse record in response, including no dollar 
figure estimates.
    16. Costs. The Order finds that the primary cost incurred by these 
rules will stem from the Order's enhanced geo-targeting requirement. In 
the WEA FNPRM, the Commission estimated that the rules could present a 
$41 million one-time cost to all Participating CMS Providers, which 
includes $1,140,000 for updating standards and specifications, 
$39,680,000 for new or modified software, $20,000 for recordkeeping 
costs, and a small incremental cost for consumer disclosure.
    17. The cost of modifying an existing standard is less than the 
cost of creating a new standard. Assuming that enhanced geo-targeting 
will require the development of three new standards and the 
modification of 12 standards, the Order concludes that the maximum 
reasonable cost of standards modifications necessary to support 
enhanced geo-targeting will be $76,000 per standard times fifteen 
standards, or $1,140,000 as a one-time cost. After standards are set, 
Participating CMS Providers will need to develop and test new software 
to support enhanced geo-targeting and alert preservation. The WEA FNPRM 
anticipated that the software updates implicated by its proposals would 
cost, at most, $39,680,000 over 12 months. No commenters objected to 
this level of anticipated costs. The Order concludes that the cost of 
developing and testing new or modified software required to comply with 
the new rules would be no more than $39,680,000. Finally, the WEA FNPRM 
estimated that the total annual recordkeeping cost of the election 
requirement would be $18,074.53. The Commission received no objections 
to this estimate in the record. The Order concludes that a reasonable 
ceiling on the cost of renewing elections under the definitions of ``in 
whole'' and ``in part'' would be $20,000, and will be covered by the 
$41 million total cost estimate.
    18. Benefits. Enhanced geo-targeting will improve the quality of 
WEA to the public and to emergency managers. Without more granular geo-
targeting, the use of WEA can result in over-alerting, which leads to 
``alert fatigue'' and confusion for consumers. Consumers that are 
outside of an area of concern, but receive alerts anyway, begin to 
ignore alerts or even choose to opt out of receiving future WEA Alert 
Messages on their mobile devices. Over-alerting can cause confusion and 
a burden on emergency resources by people who are not certain about how 
to respond to alerts. In the case of a wildfire, for example, alerting 
a wide area that is not in direct danger can result in clogged 
evacuation routes and many calls to emergency officials for additional 
information. Faced with the real cost of over-alerting, many emergency 
managers have declined to use WEA. Enhanced geo-targeting directly 
addresses the over-alerting problem and benefits both consumers and 
emergency managers.
    19. The Order concludes that a one percent reduction in relevant 
fatalities, injuries, and costs for emergency services is a modest 
quantification of the benefits of more targeted WEA alerts. The benefit 
of a one percent reduction in relevant fatalities ($134 million), 
injuries (at least $2 million) and costs for emergency services ($48 
million) yields a total benefit of $184 million. This is well in excess 
of the anticipated costs. Even if benefits were half of this 
projection, yielding only one half of one percent reduction in relevant 
fatalities, injuries and emergency response costs, that would still 
yield a benefit of $92 million, still significantly above the costs. No 
commenter has objected to the previous analysis claiming that the 
benefits of enhanced geo-targeting are sufficient to cover the $41 
million costs imposed by this Second Report and Order.
    20. In addition, alert preservation will allow subscribers to 
review details in WEA messages such as shelter locations, improving 
their ability to seek safety. Additional disclosure requirements will 
allow consumers to choose a provider and a phone that will bring them 
WEA alerts that they might otherwise miss.

III. Procedural Matters

A. Accessible Formats

    21. 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).

B. Final Regulatory Flexibility Act Analysis

    22. Pursuant to the Regulatory Flexibility Act of 1980, as amended 
(RFA), see 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis 
(IRFA) was included in the FNPRM in PS Docket No. 15-91. The Commission 
sought written comment on the proposals in this docket, including 
comment on the IRFA. This Final Regulatory Flexibility Analysis 
conforms to the RFA.

C. Paperwork Reduction Act Analysis

    23. This Report and Order contains new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13 (44 U.S.C. 3501-3520). The requirements will 
be submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the PRA. OMB, the general public, and other 
Federal agencies will be invited to comment on the new or modified 
information collection requirements contained in this proceeding. In 
addition, we note that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.
    24. In this document, we have assessed the effects of new consumer 
disclosure and election renewal requirements, and find that these rules 
will impose reasonable implementation costs on small businesses with 
fewer than 25 employees.

D. Congressional Review Act

    25. The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see U.S.C. 801(a)(1)(A).

IV. Ordering Clauses

    26. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 
4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, 
as well as by sections 602(a),(b),(c), (f), 603, 604 and 606 of the 
WARN Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204 and 1206, that the 
Second WEA Report and Order and Second Order on Reconsideration in PS 
Docket Nos. 15-91 and 15-94 is hereby adopted.
    27. It is further ordered that the Commission's rules and 
requirements are hereby amended as set forth in Appendix A of the 
Second Report and Order.
    28. It is further ordered that the rules adopted herein will become 
effective as described herein. Those rules and requirements which 
contain new or modified information collection requirements that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction

[[Page 8623]]

Act will become effective 120 days after publication in the Federal 
Register of a document announcing such approval, except for the 
amendment to 47 CFR 10.240, which will become effective on November 30, 
2019 or as specified by publication in the Federal Register of a 
document announcing OMB approval and the relevant effective date, 
whichever is later.
    29. It is further ordered, pursuant to sections 1, 2, 4(i), 4(o), 
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), and 706 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), and 606, as 
well as by sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN 
Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204 and 1206, that the CTIA 
Petition is granted to the extent specified herein and in the First 
Order on Reconsideration.
    30. It is further ordered that, as set forth in this Second Order 
on Reconsideration, the effective date of the requirement imposed by 47 
CFR 10.480 published at 81 FR 75710 is delayed until May 1, 2019, the 
same effective date as other rules adopted by the WEA R&O that were 
made effective 30 months from the publication of the rules adopted in 
the WEA R&O in the Federal Register.
    31. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second WEA Report and Order and Second Order on 
Reconsideration, including the Final and Supplemental Final Regulatory 
Flexibility Analyses, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    32. It is further ordered that the Commission shall send a copy of 
the Second WEA Report and Order and Second Order on Reconsideration 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, Emergency alerting.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Final Rules

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

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. Amend Sec.  10.10 by adding paragraphs (k) and (l) to read as 
follows:


Sec.  10.10  Definitions.

* * * * *
    (k) CMS Provider participation ``in whole.'' CMS Providers that 
have agreed to transmit WEA Alert Messages in a manner consistent with 
the technical standards, protocols, procedures, and other technical 
requirements implemented by the Commission in the entirety of their 
geographic service area, and when all mobile devices that the CMS 
Providers offer at the point of sale are WEA-capable.
    (l) CMS Provider participation ``in part.'' CMS Providers that have 
agreed to transmit WEA Alert Messages in a manner consistent with the 
technical standards, protocols, procedures, and other technical 
requirements implemented by the Commission in some, but not in all of 
their geographic service areas, or CMS Providers that offer mobile 
devices at the point of sale that are not WEA-capable.

0
3. Amend Sec.  10.210 by revising paragraph (a) introductory text 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 as defined by Sec.  10.10(k) and (l), shall 
electronically file with the Commission a letter attesting that the 
Provider:
* * * * *

0
4. Amend Sec.  10.240 by revising paragraph (c) to read as follows:


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

* * * * *
    (c) CMS Providers electing to transmit alerts ``in part'' shall use 
the following notification:
    NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS 
(Commercial Mobile Alert Service)
    [[CMS provider]] has chosen to offer wireless emergency alerts, 
including enhanced geo-targeting, within portions of its service area, 
as defined by the terms and conditions of its service agreement, on 
wireless emergency alert capable devices. There is no additional charge 
for these wireless emergency alerts.
    Wireless emergency alerts, including enhanced geo-targeting, may 
not be available on all devices or in the entire service area, or if a 
subscriber is outside of the [[CMS provider]] service area. For details 
on the availability of this service and wireless emergency alert 
capable devices, including the availability and benefits of enhanced 
geo-targeting, please ask a sales representative, or go to [[CMS 
provider's URL]].
    Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert 
Service)
* * * * *

0
5. Amend Sec.  10.450 by revising paragraph (a) and adding paragraph 
(c) to read as follows:


Sec.  10.450  Geo-targeting.

* * * * *
    (a) This section establishes minimum requirements for the 
geographic targeting of Alert Messages. A Participating CMS Provider 
will determine which of its network facilities, elements, and locations 
will be used to geographically target Alert Messages. A Participating 
CMS Provider must deliver any Alert Message that is specified by a 
circle or polygon to an area that matches the specified circle or 
polygon. A Participating CMS Provider is considered to have matched the 
target area when they deliver an Alert Message to 100 percent of the 
target area with no more than 0.1 of a mile overshoot. If some or all 
of a Participating CMS Provider's network infrastructure is technically 
incapable of matching the specified target area, then that 
Participating CMS Provider must deliver the Alert Message to an area 
that best approximates the specified target area on and only on those 
aspects of its network infrastructure that are incapable of matching 
the target area. A Participating CMS Provider's network infrastructure 
may be considered technically incapable of matching the target area in 
limited circumstances, including when the target area is outside of the 
Participating CMS Provider's network coverage area, when mobile devices 
have location services disabled, and when legacy networks or devices 
cannot be updated to support this functionality.
* * * * *
    (c) In matching the target area, Participating CMS Providers may 
not limit the availability of 360 characters for the Alert Message 
text.

0
6. Amend Sec.  10.500 by revising the introductory text and adding 
paragraph (h) to read as follows:

[[Page 8624]]

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:
* * * * *
    (h) Preservation of Alert Messages in a consumer-accessible format 
and location for at least 24 hours or until deleted by the subscriber.

[FR Doc. 2018-03990 Filed 2-27-18; 8:45 am]
BILLING CODE 6712-01-P