[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Pages 19886-19887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07732]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1113; FRS 20907]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the PRA 
that does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before June 14, 
2021. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele, (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1113.
    Title: Election Whether to Participate in the Wireless Emergency 
Alert System.
    Form No.: N/A.
    Type of Review: Extension of a currently-approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 1,253 respondents; 5,012 
responses.
    Estimated Time per Response: 0.5 (30 minutes)-12 hours.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement and third party disclosure requirements.
    Obligation to Respond: Mandatory and Voluntary. Statutory authority 
for this information collection is contained in 47 U.S.C. 151, 154(i), 
154(j), 154(o), 218, 219, 230, 256, 302(a), 303(f), 303(g), 303(j), 
303(r), 403, 621(b)(3), and 621(d).
    Total Annual Burden: 28,820 hours.
    Total Annual Cost: No cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: This Commission is requesting an extension of a 
currently approved information collection from the Office of Management 
and Budget (OMB) in order to obtain the three-year approval after this 
60-day comment period. It includes the collection of the following 
information from Commercial Mobile Service (CMS) providers: (1) 
Enhanced notice to consumers at time of sale (Enhanced Notice at Time 
of Sale); (2) disclosure as to degree of participation in wireless 
alerts (``in whole'' or ``in part'') (Notice of Election); (3) notice 
to current subscribers of non-participation in WEA (Notice to Current 
Subscribers); and (4) a collection to include voluntary information 
collection for a database that the Commission plans to create (Database 
Collection).
    The Commission created WEA (previously known as the Commercial 
Mobile Service Alert System) as required by Congress in the Warning

[[Page 19887]]

Alert and Response Network (WARN) Act and to satisfy the Commission's 
mandate to promote the safety of life and property through the use of 
wire and radio communication.
    All these information collections involve the Wireless Emergency 
Alert (WEA) system, a mechanism under which CMS providers may elect to 
transmit emergency alerts to the public. OMB last granted these 
collection requests on August 1, 2018 (ICR Ref. No. 201804-3060-013).

Notice of Election

    On August 7, 2008, the Commission released the Third Report and 
Order in PS Docket No. 07-287 (CMS Third Report and Order), FCC 08-184. 
The CMS Third Report and Order implemented provisions of the WARN Act, 
including a requirement that within 30 days of release of the CMS Third 
Report and Order, each CMS provider must file an election with the 
Commission indicating whether or not it intends to transmit emergency 
alerts as part of WEA. The Commission began accepting WEA election 
filings on or before September 8, 2008.
    The Bureau has sought several extensions of this information 
collection. On January 30, 2018, the Commission adopted a WEA Second 
Report and Order and Second Order on Reconsideration in PS Docket Nos. 
15-91 and 15-94, FCC 18-4 (WEA Second R&O). In this order, the 
Commission defines ``in whole'' or ``in part'' WEA participation, 
specifies the difference between these elections, and requires CMS 
providers to update their election status accordingly.

Enhanced Notice at Time of Sale

    Section 10.240 of the Commission's rules already 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. 
As part of the WEA Second R&O, the Commission adopted enhanced 
disclosure requirements, requiring 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 at the point of sale. We believe 
these disclosures will allow consumers to make more informed choices 
about their ability to receive WEA Alert Messages that are relevant to 
them.

Notice to Current Subscribers

    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.
    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.
    In the case of prepaid customers, if a mailing address is 
available, the CMS provider shall provide the required notification via 
U.S. mail. If no mailing address is available, the CMS provider shall 
use any reasonable method at its disposal to alert the customer to a 
change in the terms and conditions of service and directing the 
subscriber to a voice-based notification or to a website providing the 
required notification.

Database Collection

    The Commission also seeks to extend OMB approval in connection with 
the Commission's creation of a WEA database to improve information 
transparency for emergency managers and the public regarding the extent 
to which WEA is available in their area. The Commission will request 
this information from CMS providers on a voluntary basis, including 
geographic area served and devices that are programmed, at point of 
sale, to transmit WEAs. We note that many participating CMS providers 
already provide information of this nature in their docketed filings. 
As discussed below, this database will remove a major roadblock to 
emergency managers' ability to conduct tests of the alerting system and 
enable individuals and emergency managers to identify the alert 
coverage area.
    Since ensuring consumer notice and collecting information on the 
extent of CMS providers' participation is statutorily mandated, the 
Commission requests to extend approval of this collection by OMB so 
that the Commission may continue to meet its statutory obligation under 
the WARN Act.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-07732 Filed 4-14-21; 8:45 am]
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