[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7413-7421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00146]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[PS Docket No. 15-94; FCC 21-125; FR ID 66157]


The Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In the Notice of Proposed Rulemaking (NPRM), the Federal 
Communications Commission (the FCC or the Commission) proposes action 
to improve the clarity and accessibility of visual Emergency Alert 
System messages to the public, particularly to people who are deaf or 
hard of hearing. In addition, in the included Notice of Inquiry (NOI), 
the Commission launches an examination of broader measures to enhance 
the Emergency Alert System's overall functionality and accessibility.

DATES: Comments on the NPRM are due on or before March 11, 2022, and 
reply comments are due on or before March 28, 2022. Comments on the NOI 
are due on or before April 11, 2022, and reply comments are due on or 
before May 10, 2022.

ADDRESSES: You may submit comments, identified by PS Docket No. 15-94, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent 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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    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 & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: For further information concerning the 
information contained in this document, send an email to David Munson, 
Attorney Advisor, Public Safety and Homeland Security Bureau at 202-
418-2921 or [email protected], or Christopher Fedeli, Attorney 
Advisor, Public Safety and Homeland Security Bureau at 
[email protected] or call 202-418-1514.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI), in PS Docket 
Nos. 15-94, FCC 21-725, adopted on December 14, 2021, and released on 
December 15, 2021. The full text of this document is available at 
https://www.fcc.gov/document/fcc-seeks-improve-accessibility-clarity-emergency-alerts-0.

Synopsis

    The nation's Emergency Alert System (EAS) ensures that the public 
is quickly informed about emergency alerts issued by government 
entities and delivered over broadcast, cable, and satellite television 
and radio media. The EAS is comprised of both a legacy broadcast system 
and an internet-based Common Alerting Protocol (CAP) system. The legacy 
EAS distributes alerts over-the-air from one broadcast station antenna 
to another. Alerts can also be sent over the internet in CAP format for 
distribution to stations via the Federal Emergency Management Agency's 
Integrated Public Alert and Warning System.
    Because legacy EAS alerts only relay audio and not text, the visual 
messages for such alerts contain only basic location and event 
information generated from certain data codes of the alerts, which can 
cause the visual message to lack clarity. The legacy EAS visual message 
also typically contains less information than that included in the 
audio message. CAP EAS alerts, by contrast, can be sent with enhanced 
text, enabling the visual and audio messages transmitted to the public 
to contain more expansive information. The procedures for constructing 
and converting CAP EAS alerts into legacy EAS alerts are set forth in 
the ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0 (May 17, 2010) (``ECIG Implementation Guide''), developed and 
published by the EAS-CAP Industry Group. The limitations on visual 
alert information in legacy EAS alerts may result in different or less 
information displayed visually for those who are unable to access the 
audio portion of an alert.
    The NPRM seeks to improve the clarity and accessibility of EAS 
visual messages to the public, including persons who are deaf or hard 
of hearing, and others who are unable to access the audio message. In 
the NPRM, the Commission proposes to require use of a predetermined 
script as the visual message for legacy EAS nationwide tests (but not 
for CAP-based nationwide EAS tests, because CAP already provides for 
relaying enhanced text to form the visual message). To improve the 
clarity of visual messages displayed to the public for CAP-based 
nationwide EAS tests, the Commission proposes to revise the terminology 
associated with the codes for nationwide tests.. Although the 
Commission does not propose to apply the script approach to CAP-based 
nationwide EAS test alerts, it does seek comment on whether its 
proposed script approach or its proposed change to the national test 
code terminology would require changes to the ECIG Implementation 
Guide, and if so, what revisions would be required.

[[Page 7414]]

    In addition, the Commission proposes to require that stations check 
for and use the available CAP versions of all State and Local Area 
alerts (which includes alerts issued by the National Weather Service) 
instead of the legacy EAS versions, to increase the use of CAP in light 
of CAP's superior visual messaging capabilities. The Commission seeks 
comment on whether implementing this proposal would require changes to 
the ECIG Implementation Guide, and if so, what changes would be 
required.
    In the companion NOI, the Commission seeks comment on additional 
EAS improvements and redesigns to enable matching visual and audio 
alert content and otherwise improve the clarity and accessibility of 
EAS messages for all persons who might receive them. In the NOI, the 
Commission seeks comment on how the legacy EAS architecture can be 
modified, augmented, or redesigned to enable alert originators to relay 
visual text that matches their audio message in legacy EAS alerts, as 
well as to enable more functionality within the EAS as a whole.

Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice and 
comment rulemaking proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' As required by the RFA, the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on a substantial 
number of small entities by the policies and rules proposed in the 
NPRM. Written public comments are requested on this IRFA. Comments must 
be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM. The Commission will send a copy of 
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA).

A. Need for, and Objectives of, the Proposed Rules

    In the NPRM, the Commission seeks comment on proposed changes to 
the Emergency Alert System (EAS) rules associated with visual messages 
constructed from legacy EAS-based alerts and visual messages 
constructed from Common Alerting Protocol (CAP)-formatted alerts. 
Specifically, the Commission seeks comment on proposed rule changes to: 
(i) Replace the EAS National Periodic Test (or ``NPT'') event code 
terminology from ``National Periodic Test'' to ``Nationwide Test of the 
Emergency Alert System''; (ii) require EAS Participants to use the 
following scripted text: ``This is a nationwide test of the Emergency 
Alert System issued by the Federal Emergency Management Agency covering 
the United States from [time] until [time]. This is only a test. No 
action is required by the public.'' as the visual crawl (or block text) 
whenever they receive a legacy EAS alert containing the NPT event code 
and the ``All-U.S.'' geographic location code (instead of generating a 
visual crawl or block text from the header codes); and (iii) require 
EAS Participants to poll the Integrated Public Alert and Warning System 
(IPAWS) CAP EAS server when they receive a state or local legacy EAS-
based alert to confirm whether there is a CAP version of that alert, 
and if so, use the CAP version instead of the legacy EAS-based version. 
The proposed rule changes are intended to improve the clarity and 
descriptiveness of the visual messages generated for nationwide EAS 
test alerts and State and Local Area alerts issued using the legacy 
EAS; improve the chances that visual messages for State and Local Area 
alerts will contain the same information contained in the audio 
message, so members of the public who are unable to access the audio 
message of the alert are able to receive critical informational 
elements of an EAS test in plain, understandable language; and increase 
the use of CAP alerting which has superior visual messaging 
capabilities relative to legacy EAS.

B. Legal Basis

    The proposed action is authorized pursuant to Sections 1, 2, 4(i), 
4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 713 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 613 
and Section 202 of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, as amended (also codified at 47 U.S.C. 613).

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA's Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States which translates to 30.7 
million businesses.
    Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or 
less to delineate its annual electronic filing requirements for small 
exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment of less than 50,000. Accordingly, based on 
the 2017 U.S. Census of Governments data, we estimate that at least 
48,971 entities fall into the category of ``small governmental 
jurisdictions.''

[[Page 7415]]

    Radio Stations. This Economic Census category comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources.'' The SBA has 
established a small business size standard for this category as firms 
having $41.5 million or less in annual receipts. Economic Census data 
for 2012 show that 2,849 radio station firms operated during that year. 
Of that number, 2,806 firms operated with annual receipts of less than 
$25 million per year, 17 with annual receipts between $25 million and 
$49,999,999 million and 26 with annual receipts of $50 million or more. 
Therefore, based on the SBA's size standard the majority of such 
entities are small entities.
    In addition to the U.S. Census Bureau's data, based on Commission 
data we estimate that there are 4,560 licensed AM radio stations, 6,704 
commercial FM radio stations and 8,339 FM translator and booster 
stations. The Commission has also determined that there are 4,196 
noncommercial educational (NCE) FM radio stations. The Commission 
however does not compile and does not otherwise have access to 
information on the revenue of NCE stations that would permit it to 
determine how many such stations would qualify as small entities under 
the SBA size standard.
    We also note, that in assessing whether a business entity qualifies 
as small under the above definition, business control affiliations must 
be included. The Commission's estimate therefore likely overstates the 
number of small entities that might be affected by its action, because 
the revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies. In addition, to be determined a 
``small business,'' an entity may not be dominant in its field of 
operation. We further note, that it is difficult at times to assess 
these criteria in the context of media entities, and the estimate of 
small businesses to which these rules may apply does not exclude any 
radio station from the definition of a small business on these bases, 
thus our estimate of small businesses may therefore be over-inclusive. 
Also, as noted above, an additional element of the definition of 
``small business'' is that the entity must be independently owned and 
operated. The Commission notes that it is difficult at times to assess 
these criteria in the context of media entities and the estimates of 
small businesses to which they apply may be over-inclusive to this 
extent.
    FM Translator Stations and Low-Power FM Stations. FM translators 
and Low Power FM Stations are classified in the category of Radio 
Stations and are assigned the same NAICS Code as licensees of radio 
stations. This U.S. industry, Radio Stations, comprises establishments 
primarily engaged in broadcasting aural programs by radio to the 
public. Programming may originate in their own studio, from an 
affiliated network, or from external sources. The SBA has established a 
small business size standard which consists of all radio stations whose 
annual receipts are $38.5 million dollars or less. U.S. Census Bureau 
data for 2012 indicate that 2,849 radio station firms operated during 
that year. Of that number, 2,806 operated with annual receipts of less 
than $25 million per year, 17 with annual receipts between $25 million 
and $49,999,999 million and 26 with annual receipts of $50 million or 
more. Therefore, based on the SBA's size standard we conclude that the 
majority of FM Translator Stations and Low Power FM Stations are small.
    We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations must be included. Because we do not include or 
aggregate revenues from affiliated companies in determining whether an 
entity meets the applicable revenue threshold, our estimate of the 
number of small radio broadcast stations affected is likely overstated. 
In addition, as noted above, one element of the definition of ``small 
business'' is that an entity would not be dominant in its field of 
operation. We are unable at this time to define or quantify the 
criteria that would establish whether a specific radio broadcast 
station is dominant in its field of operation. Accordingly, our 
estimate of small radio stations potentially affected by the rule 
revisions discussed in the NPRM includes those that could be dominant 
in their field of operation. For this reason, such estimate likely is 
over-inclusive.
    Television Broadcasting. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting images together with 
sound.'' These establishments operate television broadcast studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in turn 
broadcast the programs to the public on a predetermined schedule. 
Programming may originate in their own studio, from an affiliated 
network, or from external sources. The SBA has created the following 
small business size standard for such businesses: Those having $41.5 
million or less in annual receipts. The 2012 Economic Census reports 
that 751 firms in this category operated in that year. Of that number, 
656 had annual receipts of $25,000,000 or less, and 25 had annual 
receipts between $25,000,000 and $49,999,999. Based on this data we 
therefore estimate that the majority of commercial television 
broadcasters are small entities under the applicable SBA size standard.
    The Commission has estimated the number of licensed commercial 
television stations to be 1,368. According to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on 
November 16, 2017, 1,258 stations (or about 91 percent) had revenues of 
$38.5 million or less, and therefore these licensees qualified as small 
entities under the SBA definition. In addition, the Commission has 
estimated the number of licensed noncommercial educational television 
stations to be 390. Notwithstanding, the Commission does not compile 
and otherwise does not have access to information on the revenue of NCE 
stations that would permit it to determine how many such stations would 
qualify as small entities. There are also 2,246 low power television 
stations, including Class A stations (LPTV), and 3,543 TV translator 
stations. Given the nature of these services, we will presume that all 
of these entities qualify as small entities under the above SBA small 
business size standard.
    We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific television broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which rules may apply does not exclude any television station from the 
definition of a small business on this basis and is therefore possibly 
over-inclusive. Also, as noted above, an additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult

[[Page 7416]]

at times to assess these criteria in the context of media entities and 
its estimates of small businesses to which they apply may be over-
inclusive to this extent.
    Cable and Other Subscription Programming. The U.S. Census Bureau 
defines this industry as establishments primarily engaged in operating 
studios and facilities for the broadcasting of programs on a 
subscription or fee basis. The broadcast programming is typically 
narrowcast in nature (e.g., limited format, such as news, sports, 
education, or youth-oriented). These establishments produce programming 
in their own facilities or acquire programming from external sources. 
The programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA size standard for this industry establishes as small, 
any company in this category which receives annual receipts of $41.5 
million or less. According to 2012 U.S. Census Bureau data, 367 firms 
operated for the entire year. Of that number, 319 operated with annual 
receipts of less than $25 million a year and 48 firms operated with 
annual receipts of $25 million or more. Based on this data, the 
Commission estimates that the majority of firms operating in this 
industry are small.
    Cable System Operators (Rate Regulation Standard). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are 4,600 active cable systems in the 
United States. Of this total, all but five cable operators nationwide 
are small under the 400,000-subscriber size standard. In addition, 
under the Commission's rate regulation rules, a ``small system'' is a 
cable system serving 15,000 or fewer subscribers. Commission records 
show 4,600 cable systems nationwide. Of this total, 3,900 cable systems 
have fewer than 15,000 subscribers, and 700 systems have 15,000 or more 
subscribers, based on the same records. Thus, under this standard as 
well, we estimate that most cable systems are small entities.
    Cable System Operators (Telecom Act Standard). The Communications 
Act of 1934, as amended, also contains a size standard for small cable 
system operators, which is ``a cable operator that, directly or through 
an affiliate, serves in the aggregate fewer than one percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' As of 2019, there were approximately 48,646,056 basic 
cable video subscribers in the United States. Accordingly, an operator 
serving fewer than 486,460 subscribers shall be deemed a small operator 
if its annual revenues, when combined with the total annual revenues of 
all its affiliates, do not exceed $250 million in the aggregate. Based 
on available data, we find that all but nine incumbent cable operators 
are small entities under this size standard. We note that the 
Commission neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million. Although it seems certain that some of 
these cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million, we are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
    Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show that there was a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
we estimate that the majority of satellite telecommunications providers 
are small entities.
    All Other Telecommunications. The ``All Other Telecommunications'' 
category is comprised of establishments that are primarily engaged in 
providing specialized telecommunications services, such as satellite 
tracking, communications telemetry, and radar station operation. This 
industry also includes establishments primarily engaged in providing 
satellite terminal stations and associated facilities connected with 
one or more terrestrial systems and capable of transmitting 
telecommunications to, and receiving telecommunications from, satellite 
systems. Establishments providing internet services or voice over 
internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry. The 
SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census data for 2012 show that there were 1,442 firms that operated for 
the entire year. Of these firms, a total of 1,400 had gross annual 
receipts of less than $25 million. Thus, the Commission estimates that 
the majority of ``All Other Telecommunications'' firms potentially 
affected by our action can be considered small.
    Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems, and ``wireless cable,'' transmit video 
programming to subscribers and provide two-way high speed data 
operations using the microwave frequencies of the Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (previously 
referred to as the Instructional Television Fixed Service (ITFS)).
    BRS--In connection with the 1996 BRS auction, the Commission 
established a small business size standard as an entity that had annual 
average gross revenues of no more than $40 million in the previous 
three calendar years. The BRS auctions resulted in 67 successful 
bidders obtaining licensing opportunities for 493 Basic Trading Areas 
(BTAs). Of the 67 auction winners, 61 met the definition of a small 
business. BRS also includes licensees of stations authorized prior to 
the auction. At this time, we estimate that of the 61 small business 
BRS auction winners, 48 remain small business licensees. In addition to 
the 48 small businesses that hold BTA authorizations, there are 
approximately 86 incumbent BRS licensees that are considered small 
entities (18 incumbent BRS licensees do not meet the small business 
size standard). After adding the number of small business auction 
licensees to the number of incumbent licensees not already counted, 
there are currently approximately 133 BRS licensees that are defined as 
small businesses under either the SBA or the Commission's rules.
    In 2009, the Commission conducted Auction 86, the sale of 78 
licenses in the BRS areas. The Commission offered three levels of 
bidding credits: (i) A bidder with attributed average annual

[[Page 7417]]

gross revenues that exceed $15 million and do not exceed $40 million 
for the preceding three years (small business) received a 15 percent 
discount on its winning bid; (ii) a bidder with attributed average 
annual gross revenues that exceed $3 million and do not exceed $15 
million for the preceding three years (very small business) received a 
25 percent discount on its winning bid; and (iii) a bidder with 
attributed average annual gross revenues that do not exceed $3 million 
for the preceding three years (entrepreneur) received a 35 percent 
discount on its winning bid. Auction 86 concluded in 2009 with the sale 
of 61 licenses. Of the ten winning bidders, two bidders that claimed 
small business status won 4 licenses; one bidder that claimed very 
small business status won three licenses; and two bidders that claimed 
entrepreneur status won six licenses.
    EBS--Educational Broadband Service has been included within the 
broad economic census category and SBA size standard for Wired 
Telecommunications Carriers since 2007. Wired Telecommunications 
Carriers are comprised of establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies.'' The SBA's small business size standard for this 
category is all such firms having 1,500 or fewer employees. U.S. Census 
Bureau data for 2012 show that there were 3,117 firms that operated 
that year. Of this total, 3,083 operated with fewer than 1,000 
employees. Thus, under this size standard, the majority of firms in 
this industry can be considered small. In addition to U.S. Census 
Bureau data, March 2019 there are 1,300 licensees holding over 2,190 
active EBS licenses. The Commission estimates that of these 2,190 
licenses, the majority are held by non-profit educational institutions 
and school districts, which are by statute defined as small businesses.
    Direct Broadcast Satellite (``DBS'') Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. DBS is included in the category of 
``Wired Telecommunications Carriers.'' The Wired Telecommunications 
Carriers industry comprises establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or combination of technologies. Establishments in this industry use the 
wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution; and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry. The SBA size standard considers a wireline business is 
small if it has fewer than 1,500 employees. U.S. Census Bureau data for 
2012 indicates that 3,117 wireline companies were operational during 
that year. Of that number, 3,083 operated with fewer than 1,000 
employees. Based on that data, we conclude that the majority of 
wireline firms are small under the applicable SBA standard. Currently, 
however, only two entities provide DBS service, which requires a great 
deal of capital for operation: DIRECTV (owned by AT&T) and DISH 
Network. DIRECTV and DISH Network each report annual revenues that are 
in excess of the threshold for a small business. Accordingly, we must 
conclude that internally developed FCC data are persuasive that, in 
general, DBS service is provided only by large firms.
    Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees, and 12 firms had employment of 1,000 
employees or more. Thus under this category and the associated size 
standard, the Commission estimates that the majority of wireless 
telecommunications carriers (except satellite) are small entities.
    Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these small business size standards. In the Commission's auction for 
geographic area licenses in the WCS there were seven winning bidders 
that qualified as ``very small business'' entities, and one that 
qualified as a ``small business'' entity.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA has established a small business size 
standard for this industry of 1,250 employees or less. U.S. Census 
Bureau data for 2012 shows that 841 establishments operated in this 
industry in that year. Of that number, 828 establishments operated with 
fewer than 1,000 employees, 7 establishments operated with between 
1,000 and 2,499 employees, and 6 establishments operated with 2,500 or 
more employees. Based on this data, we conclude that a majority of 
manufacturers in this industry are small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The proposed changes for which comment is sought in the NPRM, if 
adopted, would impose new or modified reporting, recordkeeping or other 
compliance obligations on certain small, as well as other, entities 
required to distribute EAS alerts to the public (i.e., ``EAS 
Participants''), and that manufacture EAS equipment. At this time the 
Commission is not currently in a position to determine whether, if 
adopted, the proposed changes will require small entities to hire 
attorneys, engineers, consultants, or other professionals to comply and 
cannot quantify the cost of compliance with the potential rule changes 
and compliance obligations raised for comment in the NPRM. In our 
request for comments on the proposals, we have requested

[[Page 7418]]

information on the cost of implementing the proposed changes as well as 
potential alternatives to the proposals, particularly less costly 
alternatives that should be considered.
    The Commission's proposal to replace the EAS event code terminology 
for the NPT event code from ``National Periodic Test'' to ``Nationwide 
Test of the Emergency Alert System,'' to require using prepared script 
for the visual message for the legacy-based nationwide EAS test alert, 
and to require EAS Participants, when they receive a state or local 
legacy EAS alert, to poll the IPAWS CAP EAS server to confirm whether 
there is a CAP version of that alert and use that CAP version will 
likely require EAS equipment manufacturers to develop software updates 
to implement such changes in deployed EAS equipment and EAS equipment 
in production. EAS Participants would also be required to acquire and 
install such software updates in their EAS devices. Any EAS device 
models currently in deployment incapable of being updated to reflect 
these proposed changes likely would have to be replaced. Updating or 
replacing deployed devices to reflect these proposed changes would be 
at the expense of EAS Participants.
    To help the Commission more fully evaluate the cost of compliance 
if we were to adopt the proposed changes, in the NPRM we request 
comments on the cost implications to implement these proposals and ask 
whether there are more efficient and less burdensome alternatives that 
might achieve the same results, including alternatives specific to 
smaller entities. We expect the information we receive in comments 
including cost and benefit analyses, to help the Commission identify 
and evaluate relevant matters for small entities, including compliance 
costs and other burdens that may result if the proposed recommendations 
in the NPRM were adopted.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for such small entities; (3) the 
use of performance, rather than design, standards; and (4) and 
exemption from coverage of the rule, or any part thereof, for such 
small entities.''
    In the NPRM, the Commission raised for consideration the 
alternatives discussed below, which could minimize any significant 
economic impact on small entities, if the EAS proposed rules changes 
are adopted. The proposed nationwide test event code change is limited 
in scope and only changes the terminology/text seen by the public. The 
proposal does not change the system event code for the nationwide EAS 
tests. The system event code will remain ``NPT,'' which the Commission 
believes should minimize the installation burdens borne by EAS 
Participants. Similarly, the proposed use of scripted text requirement 
is also limited in scope. Rather than proposing this requirement for 
both for legacy-based EAS alerts and CAP alerts, we have only proposed 
the requirement for legacy-based EAS alerts. The Commission recognizes 
that implementation of the proposed changes associated with the 
nationwide EAS test alert will require small entities and other EAS 
Participants to make changes to EAS enabled devices and take additional 
steps to effectuate. With this in mind, we inquire about the 
implications for EAS and other equipment, for other EAS and related 
Commission rules, and for technical and operation plans and protocols 
relating to implementation of the proposed changes to EAS alerts and 
seek comment on these matters. In addition, we seek information on the 
costs that would be incurred and by whom, in implementing the proposed 
changes, on what, if any ancillary costs would be associated with 
modifying equipment, and whether the costs of implementing the proposal 
be would be outweighed by any benefit of making the visual alert crawl 
more informative to hearing impaired individuals.
    Having data on the various issues the Commission has raised and 
requested comment on in the NPRM relating to the technical feasibility, 
costs, benefits and the potential impact of implementing the proposed 
EAS rule changes, including alternatives specific to smaller entities, 
will assist with the Commission's evaluation of the economic impact on 
small entities, and help to determine if the proposed rule changes are 
adopted, how to minimize any significant economic for small entities 
and identify any potential alternatives not already considered. The 
Commission expects to more fully consider the economic impact and 
alternatives for small entities following the review of comments and 
reply comments filed in response to the NPRM. Moreover, the 
Commission's evaluation of the comments will shape the final 
alternatives it considers, the final conclusions it reaches, and the 
actions it ultimately takes in this proceeding to minimize any 
significant economic impact that may occur on small entities, if any of 
the proposed rule changes are adopted.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Initial Paperwork Reduction Act of 1995 Analysis

    The NPRM may contain potential new or revised information 
collection requirements. Therefore, we seek comment on potential new or 
revised information collections subject to the Paperwork Reduction Act 
of 1995. If the Commission adopts any new or revised information 
collection requirements, the Commission will publish a notice in the 
Federal Register inviting the general public and the Office of 
Management and Budget to comment on the information collection 
requirements, as required by the Paperwork Reduction Act of 1995, 
Public Law 104-13. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we seek specific comment on how we might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

Comments and Reply Comments

    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 in the DATES section above. 
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), https://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf.

Ex Parte Rules

    The NPRM portion of this proceeding shall be treated as ``permit-
but-disclose'' proceedings in accordance with 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

[[Page 7419]]

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 rule 1.1206(b). In proceedings governed by 
rule 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. The 
NOI portion of this proceeding is exempt from the ex parte rules. See, 
e.g., 47 CFR 1204(b)(1).

Incorporation by Reference

    The material referenced in the regulatory text was approved for 
incorporation by reference on April 23, 2012, and the NPRM seeks 
comment on whether changes to those stamdards might be necessary in 
light of changes proposed.

Ordering Clauses

    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 713 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 613 
and Section 202 of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, as amended (also codified at 47 U.S.C. 613), 
that this Notice of Proposed Rulemaking and Notice of Inquiry in PS 
Docket Nos. 15-94 are hereby adopted and are effective upon publication 
in the Federal Register.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 11

    Incorporation by reference, Radio, Television.


Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 11 as follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority citation for part 11 is revised to read as follows:

    Authority: 47 U.S.C. 151, 152, 154(i), 154(o), 301, 303(r), 
303(v), 307, 309, 335, 403, 544(g), 606, and 613, and Pub. L. 116-
283, 134 Stat. 3388, Sec.  9201.

0
2. Amend Sec.  11.31 by revising paragraph (e) to read as follows:


Sec.  11.31  EAS protocol.

* * * * *
    (e) The following Event (EEE) codes are presently authorized:

                        Table 2 to Paragraph (e)
------------------------------------------------------------------------
           Nature of activation                      Event codes
------------------------------------------------------------------------
National Codes (Required):
Emergency Action Notification (National     EAN.
 only).
National Information Center...............  NIC
Nationwide Test of the Emergency Alert      NPT.
 System.
Required Monthly Test.....................  RMT.
Required Weekly Test......................  RWT.
State and Local Codes (Optional):
Administrative Message....................  ADR.
Avalanche Warning.........................  AVW.
Avalanche Watch...........................  AVA.
Blizzard Warning..........................  BZW.
Blue Alert................................  BLU.
Child Abduction Emergency.................  CAE.
Civil Danger Warning......................  CDW.
Civil Emergency Message...................  CEM.
Coastal Flood Warning.....................  CFW.
Coastal Flood Watch.......................  CFA.
Dust Storm Warning........................  DSW.
Earthquake Warning........................  EQW.
Evacuation Immediate......................  EVI.
Extreme Wind Warning......................  EWW.
Fire Warning..............................  FRW.
Flash Flood Warning.......................  FFW.
Flash Flood Watch.........................  FFA.
Flash Flood Statement.....................  FFS.
Flood Warning.............................  FLW.
Flood Watch...............................  FLA.
Flood Statement...........................  FLS.
Hazardous Materials Warning...............  HMW.
High Wind Warning.........................  HWW.
High Wind Watch...........................  HWA.
Hurricane Warning.........................  HUW.
Hurricane Watch...........................  HUA.
Hurricane Statement.......................  HLS.
Law Enforcement Warning...................  LEW.
Local Area Emergency......................  LAE.
Network Message Notification..............  NMN.
911 Telephone Outage Emergency............  TOE.
Nuclear Power Plant Warning...............  NUW.
Practice/Demo Warning.....................  DMO.
Radiological Hazard Warning...............  RHW.
Severe Thunderstorm Warning...............  SVR.
Severe Thunderstorm Watch.................  SVA.
Severe Weather Statement..................  SVS.
Shelter in Place Warning..................  SPW
Special Marine Warning....................  SMW.
Special Weather Statement.................  SPS.
Storm Surge Watch.........................  SSA.
Storm Surge Warning.......................  SSW.
Tornado Warning...........................  TOR.
Tornado Watch.............................  TOA.
Tropical Storm Warning....................  TRW.
Tropical Storm Watch......................  TRA.
Tsunami Warning...........................  TSW.
Tsunami Watch.............................  TSA.
Volcano Warning...........................  VOW.
Winter Storm Warning......................  WSW.
Winter Storm Watch........................  WSA.
------------------------------------------------------------------------

* * * * *
0
3. Amend Sec.  11.51 by revising paragraphs (d), (g)(3), (h)(3), 
(j)(2), (m) introductory text, and (m)(2) to read as follows:

[[Page 7420]]

Sec.  11.51  EAS code and Attention Signal Transmission requirements.

* * * * *
    (d)(1) Analog and digital television broadcast stations shall 
transmit a visual message containing the Originator, Event, Location 
and the valid time period of an EAS message, except that for national 
test alerts (EAS messages using the NPT Event code) received in the EAS 
Protocol format (as opposed to the Common Alerting Protocol (CAP) 
format), with the ``All U.S.'' location code specified at Sec.  
11.31(f), the required visual message shall state the following: ``This 
is a nationwide test of the Emergency Alert System issued by the 
Federal Emergency Management Agency covering the United States from 
[time] until [time]. This is only a test. No action is required by the 
public.''

    Note 1 to paragraph (d)(1):  The ``from [time] until [time]'' 
portion of the message shall be determined from the alert's release 
date/time (JJJHHMM) and valid time period (+TTTT) header codes 
specified at Sec.  11.31(c).

    (2) Visual messages derived from CAP-formatted EAS messages shall 
contain the Originator, Event, Location and the valid time period of 
the message and shall be constructed in accordance with Sec.  3.6 of 
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0'' (May 17, 2010).
* * * * *
    (g) * * *
    (3)(i) Shall transmit a visual EAS message on at least one channel. 
The visual message shall contain the Originator, Event, Location, and 
the valid time period of the EAS message, except that for national test 
alerts (EAS messages using the NPT Event code) received in the EAS 
Protocol format (as opposed to the CAP format), with the ``All U.S.'' 
location code specified at Sec.  11.31(f), the required visual message 
shall state the following: ``This is a nationwide test of the Emergency 
Alert System issued by the Federal Emergency Management Agency covering 
the United States from [time] until [time]. This is only a test. No 
action is required by the public.''

    Note: 2 to paragraph (g)(3)(i): The ``from [time] until [time]'' 
portion of the message shall be determined from the alert's release 
date/time (JJJHHMM) and valid time period (+TTTT) header codes 
specified at Sec.  11.31(c).

    (ii) Visual messages derived from CAP-formatted EAS messages shall 
contain the Originator, Event, Location and the valid time period of 
the message and shall be constructed in accordance with section 3.6 of 
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0'' (May 17, 2010).
* * * * *
    (h) * * *
    (3)(i) Shall transmit the EAS visual message on all downstream 
channels. The visual message shall contain the Originator, Event, 
Location, and the valid time period of the EAS message, except that for 
national test alerts (EAS messages using the NPT Event code) received 
in the EAS Protocol format (as opposed to the CAP format), with the 
``All U.S.'' location code specified at Sec.  11.31(f), the required 
visual message shall state the following: ``This is a nationwide test 
of the Emergency Alert System issued by the Federal Emergency 
Management Agency covering the United States from [time] until [time]. 
This is only a test. No action is required by the public.''

    Note 3 to paragraph (h)(3)(i): The ``from [time] until [time]'' 
portion of the message shall be determined from the alert's release 
date/time (JJJHHMM) and valid time period (+TTTT) header codes 
specified at Sec.  11.31(c).

    (ii) Visual messages derived from CAP-formatted EAS messages shall 
contain the Originator, Event, Location and the valid time period of 
the message and shall be constructed in accordance with Sec.  3.6 of 
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0'' (May 17, 2010).
* * * * *
    (j) * * *
    (2)(i) The visual message shall contain the Originator, Event, 
Location, and the valid time period of the EAS message, except that for 
national test alerts (EAS messages using the NPT Event code) received 
in the EAS Protocol format (as opposed to the CAP format), with the 
``All U.S.'' location code specified at Sec.  11.31(f), the required 
visual message shall state the following: ``This is a nationwide test 
of the Emergency Alert System issued by the Federal Emergency 
Management Agency covering the United States from [time] until [time]. 
This is only a test. No action is required by the public.''

    Note 4 to paragraph (j)(2)(i): The ``from [time] until [time]'' 
portion of the message shall be determined from the alert's release 
date/time (JJJHHMM) and valid time period (+TTTT) header codes 
specified at Sec.  11.31(c).

    (ii) Visual messages derived from CAP-formatted EAS messages shall 
contain the Originator, Event, Location and the valid time period of 
the message and shall be constructed in accordance with Sec.  3.6 of 
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0'' (May 17, 2010).
* * * * *
    (m) EAS Participants are required to transmit all received EAS 
messages in which the header code contains the Event codes for 
Emergency Action Notification (EAN), Nationwide Test of the Emergency 
Alert System (NPT), and Required Monthly Test (RMT), and when the 
accompanying location codes include their State or State/county. These 
EAS messages shall be retransmitted unchanged except for the LLLLLLLL-
code which identifies the EAS Participant retransmitting the message. 
See Sec.  11.31(c). If an EAS source originates an EAS message with the 
Event codes in this paragraph, it must include the location codes for 
the State and counties in its service area (except for national event 
codes using the ``All U.S.'' location code, which includes all States 
and counties). When transmitting the required weekly test, EAS 
Participants shall use the event code RWT. The location codes are the 
State and county for the broadcast station city of license or system 
community or city. Other location codes may be included upon approval 
of station or system management. EAS messages may be transmitted 
automatically or manually.
* * * * *
    (2) Manual interrupt of programming and transmission of EAS 
messages may be used. EAS messages with the EAN Event code, or the NPT 
Event code in the case of a national test of the EAS, must be 
transmitted immediately; Monthly EAS test messages must be transmitted 
within 60 minutes. All actions must be logged and include the minimum 
information required for EAS video messages.
* * * * *
0
4. Amend Sec.  11.52 by revising paragraph (d)(2), adding paragraph 
(d)(5), and revising paragraphs (e) introductory text and (e)(2) to 
read as follows:


Sec.  11.52  EAS code and Attention Signal Monitoring requirements.

* * * * *
    (d) * * *
    (2) With respect to monitoring EAS messages formatted in accordance 
with the specifications set forth in Sec.  11.56(a)(2), EAS 
Participants' EAS equipment must interface with the Federal Emergency 
Management Agency's Integrated Public Alert and Warning System (IPAWS) 
EAS Atom Feed to enable the distribution of Common Alert Protocol 
(CAP)-formatted

[[Page 7421]]

alert messages from the IPAWS system to EAS Participants' EAS 
equipment.
* * * * *
    (5) Immediately upon receipt of a State or Local EAS message that 
has been formatted in the EAS Protocol, EAS Participants must poll the 
IPAWS EAS Atom Feed to determine whether a CAP-formatted version of 
that received EAS Protocol-formatted alert is available, and if a CAP 
version of the alert is available, acquire and process that CAP version 
instead of the EAS Protocol-formatted version, as specified in Sec.  
11.55(c).
* * * * *
    (e) EAS Participants are required to interrupt normal programming 
either automatically or manually when they receive an EAS message in 
which the header code contains the Event codes for Emergency Action 
Notification (EAN), Nationwide Test of the Emergency Alert System 
(NPT), or the Required Monthly Test (RMT) for their State or State/
county location.
* * * * *
    (2) Manual interrupt of programming and transmission of EAS 
messages may be used. EAS messages with the EAN Event code, or the NPT 
Event code in the case of a national test of the EAS, must be 
transmitted immediately; Monthly EAS test messages must be transmitted 
within 60 minutes. All actions must be logged and recorded as specified 
in Sec. Sec.  11.35(a) and 11.54(a)(3). Decoders must be programmed for 
the EAN, NPT, RMT and RWT Event header codes with the appropriate 
accompanying location codes.
0
5. Amend Sec.  11.55 by revising paragraph (c) introductory text to 
read as follows:


Sec.  11.55  EAS operation during a State or Local Area emergency.

* * * * *
    (c) Immediately upon receipt of a State or Local Area EAS message 
that has been formatted in the EAS Protocol, EAS Participants must poll 
the Federal Emergency Management Agency's Integrated Public Alert and 
Warning System (IPAWS) EAS Atom Feed to determine whether a Common 
Alerting Protocol (CAP)-formatted version of that received EAS 
Protocol-formatted alert is available, and if a CAP version of the 
alert is available, acquire and process that CAP version instead of the 
EAS Protocol-formatted version. Following this step, whether processing 
the alert formatted in the EAS Protocol or CAP, EAS Participants 
participating in the State or Local Area EAS must do the following:
* * * * *
0
6. Amend Sec.  11.61 by revising paragraph (a)(3)(i) to read as 
follows:


Sec.  11.61  Tests of EAS procedures.

* * * * *
    (a) * * *
    (3) * * *
    (i)(A) All EAS Participants shall participate in national tests as 
scheduled by the Commission in consultation with the Federal Emergency 
Management Agency (FEMA). Such tests will use the NPT event code and 
may be initiated in the EAS Protocol format and/or the Common Alerting 
Protocol (CAP) format. If an EAS Participant receives a national test 
alert (an EAS message using the NPT Event code) in the EAS Protocol 
format (as opposed to the CAP format), with the ``All U.S.'' location 
code specified at Sec.  11.31(f), and is required to transmit a visual 
message, such visual message shall state the following: ``This is a 
nationwide test of the Emergency Alert System issued by the Federal 
Emergency Management Agency covering the United States from [time] 
until [time]. This is only a test. No action is required by the 
public.''

    Note 1 to paragraph (a)(3)(i)(A): The ``from [time] until 
[time]'' portion of the message shall be determined from the alert's 
release date/time (JJJHHMM) and valid time period (+TTTT) header 
codes specified at Sec.  11.31(c).

    (B) Visual messages derived from CAP-formatted national test alerts 
shall contain the Originator, Event, Location and the valid time period 
of the message and shall be constructed in accordance with Sec.  3.6 of 
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version 
1.0'' (May 17, 2010).
* * * * *
[FR Doc. 2022-00146 Filed 2-8-22; 8:45 am]
BILLING CODE 6712-01-P