[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16504-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04899]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[PS Docket No. 15-94; FR ID 206752]
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 and
seeks comment on implementing a multilingual alert processing model for
the Emergency Alert System (EAS) through which brief, pre-scripted (or
``template'') alert messages that have been pre-translated into the 13
most commonly spoken non-English languages in the United (as well as in
English), can be initiated by alert originators for distribution to the
public by the TV and radio broadcasters, cable service providers, and
other ``EAS Participant'' services that make up the EAS public alert
distribution system. The NPRM also seeks comment a wide range of
specific technical, operational, cost and implementation timing issues
related to the template alert distribution model.
DATES: Comments on the NPRM are due on or before April 8, 2024, and
reply comments are due on or before May 6, 2024.
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, Cybersecurity and Communications Reliability
Division, Public Safety and Homeland Security Bureau at 202-418-2921 or
[email protected], or George Donato, Associate Division Chief,
Cybersecurity and Communications Reliability Division, Public Safety
and Homeland Security Bureau at [email protected] or call 202-418-
0729.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in PS Docket Nos. 15-94, FCC 24-23,
adopted on February 15, 2024, and released on February 16, 2024. The
full text of this document is available at https://www.fcc.gov/document/fcc-proposes-solution-expand-multilingual-emergency-alerts-0.
Synopsis
The EAS is a national public warning system through which TV and
radio broadcasters, cable systems, direct broadcast satellite service
providers, digital audio radio service providers and other service
providers (``EAS Participants'') deliver alerts to the public to warn
them of impending emergencies and dangers to life and property. EAS
alerts are initiated by local, state and national alert originators
(such as State Governor's offices, state and county emergency
management authorities, Public Safety Answering Points, state and
county fire departments, National Weather Service, etc.). In terms of
its architecture, the EAS is comprised of both a broadcast-based, or
``legacy,'' system and an internet-based, or ``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 EAS Participants via the
Federal Emergency Management Agency's Integrated Public Alert and
Warning System. Alerts can be initiated in multiple languages in both
the legacy and CAP-based EAS architectures.
[[Page 16505]]
The Commission has taken various actions over the years to promote
multilingual alerting, such as tasking bodies with examining
multilingual alerting, issuing occasional guidance on multilingual
alerting, and conducting a multilingual alerting workshop to develop
and share information on multilingual strategies. The Commission also
collects information on EAS Participants' multilingual EAS activities
as well as the primary languages spoken in their service areas. Data
reported to the Commission suggests that there are a range of non-
English languages that are spoken on a primary basis in EAS Participant
service areas across the country, but only minimal issuance of EAS
messages in languages other than English.
The NPRM seeks to address the shortfall in multilingual alert
accessibility by enabling alert originators to issue alerts that have
already been translated into non-English languages. Specifically, the
NPRM proposes a model for distributing multilingual alerts by which the
Commission would create brief, pre-scripted (or ``template'') alerts in
Arabic, Chinese, French, German, Haitian Creole, Hindi, Italian,
Korean, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, as well
as in English, for selected emergency events (such as earthquake,
wildfire, etc.). The template scripts (in all languages) would be
stored in EAS devices to serve as the visual portion of the alert.
Translated audio for each template also would be provided as audio
files or links to streaming audio. EAS Participants would be required
to transmit template alerts using the template audio and script in the
template language that corresponds to the EAS Participants' primary
language (i.e., the language of their programming content); where the
EAS Participant offers multiple channels, it would transmit on such
channels the template audio and script in the template language that
corresponds to the programming content on each channel (e.g., the
Spanish language template would be transmitted on channels that provide
Spanish language programming, and the English language template would
be transmitted on channels that provide English language programming).
The NPRM seeks comment on the proposed template alert distribution
model, generally, as well as on wide range of specific technical,
operational, cost and implementation timing issues related thereto.
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 the efficacy and
feasibility of implementing a process for distributing template-based
EAS messages in the 13 most commonly spoken non-English languages
(according to U.S. Census data)--Arabic, Chinese, French, German,
Haitian Creole, Hindi, Italian, Korean, Portuguese, Russian, Spanish,
Tagalog, and Vietnamese--as well as in English. The Commission proposes
an approach for processing multilingual template EAS alerts that is
fairly consistent with existing procedures for processing EAS alerts,
and requests comment on specific relevant alerting elements, such as
template-specific event codes, template script-based visual messages,
and template audio. In a departure from existing procedures, however,
the Commission also proposes that EAS Participants would be required to
transmit the template alerts in the non-English or English template
language corresponds to the programming content of their channel(s);
EAS Participants that provide multiple channels of programming (other
than satellite-based EAS Participants that transmit on a nationwide
basis) would transmit the template visual and audio messages on each
channel in the language that corresponds to the programming content
carried on such channel.
The Commission also evaluates and seeks comment on whether for EAS
templates alerts, it should follow a similar approach to that followed
in the Third Report and Order in PS Docket Nos. 15-94, 15-91, 88 FR
86824 (Dec. 15, 2023) (Final rule; correction, 89 FR 2885 (Jan. 17,
2024)), where the Commission directed the Public Safety and Homeland
Security Bureau (Bureau) to propose and seek comment on a set of
emergency alert messages for support via templates in English, the 13
most commonly spoken languages in the U.S., and to seek comment on the
most common messages used by alerting authorities, as well as the most
time-sensitive messages which are likely critical for immediate
comprehension. Lastly, the Commission explores and requests comment on
implementation related matters, including revising or amending the ECIG
Implementation Guide, time requirements for manufacturers to develop,
test and release any necessary software updates, and whether a
template-based alert processing model would present any unique
challenges or require modification of EAS Participant transmission
processing systems upstream or downstream from the EAS device that
would affect implementation timeframes.
B. Legal Basis
The proposed action is authorized pursuant to: sections 1, 2, 4(i),
4(n), 303, 335, 624(g), 706 and 713 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 152, 154(i), 154(n), 303, 335, 544(g), 606,
and 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.
There are small entities among the current EAS Participants, which
include 17,521 radio broadcasters and 8,133 other participants,
including television broadcasters, cable operators, satellite
operators, and other businesses in the industry segments discussed
below, that could be impacted by the changes proposed in the NPRM.
[[Page 16506]]
Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, 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 Small Business
Administration's (SBA) 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 33.2 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.''
The 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 2020, there were
approximately 447,689 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 there were
90,075 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 populations 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.''
Radio Stations. This industry is comprised of ``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 small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. U.S. Census Bureau data for 2017
show that 2,963 firms operated in this industry during that year. Of
this number, 1,879 firms operated with revenue of less than $25 million
per year. Based on this data and the SBA's small business size
standard, we estimate a majority of such entities are small entities.
The Commission estimates that as of September 30, 2023, there were
4,452 licensed commercial AM radio stations and 6,670 licensed
commercial FM radio stations, for a combined total of 11,122 commercial
radio stations. Of this total, 11,120 stations (or 99.98%) had revenues
of $41.5 million or less in 2022, according to Commission staff review
of the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 4,
2023, and therefore these licensees qualify as small entities under the
SBA definition. In addition, the Commission estimates that as of
September 30, 2023, there were 4,263 licensed noncommercial (NCE) FM
radio stations, 1,978 low power FM (LPFM) stations, and 8,928 FM
translators and boosters. The Commission however does not compile, and
otherwise does not have access to financial information for these radio
stations that would permit it to determine how many of these stations
qualify as small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we 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 radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
FM Translator Stations and Low Power FM Stations. FM translators
and Low Power FM Stations are classified in the industry for Radio
Stations. The Radio Stations industry 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 small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. U.S. Census Bureau data for 2017
show that 2,963 firms operated during that year. Of that number, 1,879
firms operated with revenue of less than $25 million per year.
Therefore, based on the SBA's size standard we conclude that the
majority of FM Translator stations and Low Power FM Stations are small.
Additionally, according to Commission data, as of September 30, 2023,
there were 8,928 FM Translator Stations and 1,978 Low Power FM licensed
broadcast stations. The Commission however does not compile and
otherwise does not have access to information on the revenue of these
stations that would permit it to determine how many of the stations
would qualify as small entities. For purposes of this regulatory
flexibility analysis, we presume the majority of these stations are
small entities.
Television Broadcasting. This industry is comprised of
``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 small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small. 2017 U.S. Census Bureau data indicate that
744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television
[[Page 16507]]
broadcasters are small entities under the SBA small business size
standard.
As of September 30, 2023, there were 1,377 licensed commercial
television stations. Of this total, 1,258 stations (or 91.4%) had
revenues of $41.5 million or less in 2022, according to Commission
staff review of the BIA Kelsey Inc. Media Access Pro Television
Database (BIA) on October 4, 2023, and therefore these licensees
qualify as small entities under the SBA definition. In addition, the
Commission estimates as of September 30, 2023, there were 383 licensed
noncommercial educational (NCE) television stations, 380 Class A TV
stations, 1,889 LPTV stations and 3,127 TV translator stations. The
Commission, however, does not compile and otherwise does not have
access to financial information for these television broadcast stations
that would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
Cable System Operators (Telecom Act Standard). The Communications
Act of 1934, as amended, contains a size standard for a ``small cable
operator,'' 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.'' For purposes of the Telecom Act Standard, the
Commission determined that a cable system operator that serves fewer
than 677,000 subscribers, either directly or through affiliates, will
meet the definition of a small cable operator based on the cable
subscriber count established in a 2001 Public Notice. Based on industry
data, only six cable system operators have more than 677,000
subscribers. Accordingly, the Commission estimates that the majority of
cable system operators are small under this size standard. We note
however, that the Commission neither requests nor collects information
on whether cable system operators are affiliated with entities whose
gross annual revenues exceed $250 million. Therefore, 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.
Cable Companies and Systems (Rate Regulation). The Commission has
developed its own small business size standard 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. Based
on industry data, there are about 420 cable companies in the U.S. Of
these, only seven have more than 400,000 subscribers. In addition,
under the Commission's rules, a ``small system'' is a cable system
serving 15,000 or fewer subscribers. Based on industry data, there are
about 4,139 cable systems (headends) in the U.S. Of these, about 639
have more than 15,000 subscribers. Accordingly, the Commission
estimates that the majority of cable companies and cable systems are
small.
Satellite Telecommunications. This industry 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 SBA small business size standard for this
industry classifies a business with $38.5 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
All Other Telecommunications. This industry is comprised of
establishments 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. Providers of
internet services (e.g., dial-up ISPs) or Voice over internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $35 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms 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)).
Wireless cable operators that use spectrum in the BRS often
supplemented with leased channels from the EBS, provide a competitive
alternative to wired cable and other multichannel video programming
distributors. Wireless cable programming to subscribers resembles cable
television, but instead of coaxial cable, wireless cable uses microwave
channels.
In light of the use of wireless frequencies by BRS and EBS
services, the closest industry with a SBA small business size standard
applicable to these services is Wireless Telecommunications Carriers
(except Satellite). The SBA small business size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
According to Commission data as December 2021, there were
approximately 5,869 active BRS and EBS licenses. The Commission's small
business size standards with respect to BRS involves eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of BRS licenses, the
[[Page 16508]]
Commission adopted criteria for three groups of small businesses. A
very small business is an entity that, together with its affiliates and
controlling interests, has average annual gross revenues exceed $3
million and did not exceed $15 million for the preceding three years, a
small business is an entity that, together with its affiliates and
controlling interests, has average gross revenues exceed $15 million
and did not exceed $40 million for the preceding three years, and an
entrepreneur is an entity that, together with its affiliates and
controlling interests, has average gross revenues not exceeding $3
million for the preceding three years. Of the ten winning bidders for
BRS licenses, two bidders claiming the small business status won 4
licenses, one bidder claiming the very small business status won three
licenses and two bidders claiming entrepreneur status won six licenses.
One of the winning bidders claiming a small business status
classification in the BRS license auction has an active license as of
December 2021.
The Commission's small business size standards for EBS define a
small business as an entity that, together with its affiliates, its
controlling interests and the affiliates of its controlling interests,
has average gross revenues that are not more than $55 million for the
preceding five (5) years, and a very small business is an entity that,
together with its affiliates, its controlling interests and the
affiliates of its controlling interests, has average gross revenues
that are not more than $20 million for the preceding five (5) years. In
frequency bands where licenses were subject to auction, the Commission
notes that as a general matter, the number of winning bidders that
qualify as small businesses at the close of an auction does not
necessarily represent the number of small businesses currently in
service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
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 Wired
Telecommunications Carriers industry which 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 small business size standard for Wired Telecommunications
Carriers classifies firms having 1,500 or fewer employees as small.
U.S. Census Bureau data for 2017 show that 3,054 firms operated in this
industry for the entire year. Of this number, 2,964 firms operated with
fewer than 250 employees. Based on this data, the majority of firms in
this industry can be considered small under the SBA small business size
standard. According to Commission data however, only two entities
provide DBS service--DIRECTV (owned by AT&T) and DISH Network, which
require a great deal of capital for operation. DIRECTV and DISH Network
both exceed the SBA size standard for classification as a small
business. Therefore, we must conclude based on internally developed
Commission data, in general DBS service is provided only by large
firms.
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 small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered 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 entities that manufacture EAS equipment. The
changes likely would require EAS participants to acquire and/or update
software, or modify equipment. Specifically, the Commission's proposals
could require development and installation in existing EAS equipment
Text-to-Speech (TTS) functionalities, audio files, video files, text
files and additional memory capacity, displaying EAS messages in a
secondary language when requested by an alert originator, using
predefined and installed text, audio and video files, that likely would
require EAS equipment manufacturers to develop software updates to
implement such changes in deployed EAS equipment and EAS equipment in
production. EAS Participants would have to acquire, and install such
software updates in their EAS devices to enable the operational changes
described above.
Without knowing precisely what changes would be required in EAS
devices and potentially involved in interconnected transmission
processing systems, it is difficult to estimate the total costs of
implementing a template alert processing approach in EAS. However,
based on the cost analyses discussed in the NPRM, which expects the
costs to implement a template-based alerting system model to be similar
to the mandatory software updates costs discussed in the Comprehensive
Alerts Order, the Commission estimates the total costs for implementing
the template alert processing approach discussed in the NPRM would be
approximately $12 million. This estimate assumes that template alert
processing approach described above can be implemented via a regular
software update patch that EAS Participants install in the normal
course of business, and is based upon the costs of software
installation, labor, and testing required to install the patch
developed in the prior proceedings involving similar actions. The
estimated $12 million cost includes five hours of software labor time
industry-wide, which was multiplied by the 25,519 estimated
broadcasters and cable head-
[[Page 16509]]
ends, plus 2 DBS and 1 SDARS providers, resulting in 127,610 hours of
software-related labor time. The hourly wage was calculated using an
average hourly wage of $60.07 for software and web developers,
programmers, and testers, and factoring in a 45% markup of hourly wage
for benefits, and a 5.5% inflation adjustment between 2022 and 2023,
resulting in an hourly wage of $91.89. Based on the estimate of 5 hours
labor time at a cost of $91.89 per hour (which we round up to $92 per
hour), the total estimated labor cost for each EAS Participant to
install a software patch that configures the template mechanism in the
EAS device is $460, and the aggregate labor cost of approximately $12
million. In addition to the costs accounted for in our estimate, the
Commission is mindful that small and other entities may incur other
costs to add memory capacity and/or firmware to EAS devices, for
downstream transmission processing system changes that may be required,
and costs associated with older EAS devices currently in use that may
not be able to be updated, or modified to incorporate a template-based
alert processing model. Thus, our cost estimate may need to be
adjusted.
To help the Commission more fully evaluate the cost of compliance
for small entities if we were to adopt the proposed rule changes in the
NPRM, the Commission requested comments on the cost implications and
cost estimates to implement these proposals, and asked whether there
are more efficient and less burdensome alternatives that might achieve
the same results, including alternatives specific to smaller entities.
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. Since small entities have had to implement similar types of
changes in prior proceedings, we do not foresee a compliance obligation
for these entities to implement a template-based alert processing model
will impose a significant burden. However, the Commission expects the
information we receive in comments including cost and benefit analyses,
to help us identify and evaluate relevant matters for small entities,
including compliance costs and other burdens that may result if the
changes discussed in the NPRM involving implementation of a template-
based alert processing model 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's proposals on implementing
multilingual template-based alerts in EAS are designed to minimize
economic impacts for small entities. The multilingual template approach
would entail installing pre-scripted ``template'' text files in up to
13 non-English languages, and English, along with matching audio files
(or possibly URL links to remotely stored audio files or streaming
audio), depending upon the EAS Participant's programming content. EAS
Participants would be required to transmit template alerts in the
language of their programming content, thus, if the only programming
content offered by the EAS Participant is in English, that EAS
Participant would need only install the English language script and
audio file for each template alert adopted; an EAS Participant that
offered multiple channels of programming content that included channels
carrying programming content in, for example, English, Spanish, German
and Creole would install the English, Spanish, German and Creole
language scripts and audio files for each template alert adopted. The
Commission expects that the operational, and EAS device changes
required to implement the template system would entail installing a
software update of the kind that is routinely installed by EAS
Participants in the normal course of business, which is another cost
saving measure for small entities. The Commission also seeks comment on
whether streaming template audio from an external source where the
template messages would be produced by the Commission, would be a more
efficient mechanism for generating the audio message. The template
scripts and audio files would be produced by the Commission; small
businesses would not be subject to the costs associated with
translating the templates and instead would install pre-made templates
via software update.
The Commission also sought comment on whether template alerts
should be transmitted to the public consistent with the procedures in
the ECIG Implementation Guide, and considered, if operationally and
technically feasible, whether increasing the existing 2-minute limit
for template alerts to accommodate multilingual alert combinations
would be a sensible approach to facilitate multilingual alerting. Other
template alert transmission alternatives considered by the Commission
were: (1) whether to require small and other EAS Participants to
transmit templates only in the language that corresponds to the
language of the programming content of their channel(s), as a way of
reducing the potential programming interruption; and (2) whether, where
an EAS Participant's programming content is not in one of the proposed
13 non-English template languages, or English, the English language
template script and audio should be transmitted on that channel.
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 any resulting EAS rule
changes, particularly information specific to smaller entities, will
assist with the Commission's evaluation of the economic impact on small
entities, and help to determine if any 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.
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
[[Page 16510]]
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.
Providing Accountability Through Transparency Act
Consistent with the Providing Accountability Through Transparency
Act, Public Law 118-9, a summary of this document is available on
https://www.fcc.gov/proposed-rulemakings.
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
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.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(n),
303, 335, 624(g), 706 and 713 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i), 154(n), 303, 335, 544(g), 606,
613, that this Notice of Proposed Rulemaking is adopted.
It is further ordered that the Office of the Secretary, 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.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-04899 Filed 3-6-24; 8:45 am]
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