83 FR 8619 - Wireless Emergency Alerts; Emergency Alert System
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 40 (February 28, 2018)
Federal Register Volume 83, Issue 40 (February 28, 2018)
| Page Range | 8619-8624 | |
| FR Document | 2018-03990 |
[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)] [Rules and Regulations] [Pages 8619-8624] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03990] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 10 [PS Docket Nos. 15-91, 15-94; FCC 18-4] Wireless Emergency Alerts; Emergency Alert System AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document adopts revisions to Wireless Emergency Alert (WEA) rules to improve utility of WEA as a life-saving tool. By this action, the Commission adopts rules that will improve the accuracy with which Participating CMS Providers transmit Alert Messages to the specified target area. This document also adopts rules to preserve Alert Messages on mobile devices, inform consumers about WEA capabilities at the point of sale, define participation in WEA, and extend the compliance deadline for Spanish language alerting. Through this action, the Commission hopes to empower state and local alert originators to utilize WEA during emergencies. DATES: Effective dates: The amendments to Sec. Sec. 10.10 and 10.210 are effective April 30, 2018. The amendments to Sec. Sec. 10.450 and 10.500 are effective November 30, 2019. The amendment to Sec. 10.240 contains new or modified information collection requirements and will not be effective until those information collection requirements are approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date for the section. Compliance dates: Participating CMS Providers must comply with the new point of sale disclosure rules by November 30, 2019, or as specified by publication in the Federal Register of a document announcing approval by the Office of Management and Budget (OMB) and the relevant effective date, whichever is later. CMS Providers are required to update their WEA election status within June 28, 2018 of a document announcing approval by the Office of Management and Budget of the modified information collection requirements. Applicability date: The requirement to support Spanish language Alert Messages in Sec. 10.480 is applicable beginning May 1, 2019. FOR FURTHER INFORMATION CONTACT: James Wiley, Attorney Advisor, Cybersecurity and Communications [[Page 8620]] Reliability Division, Public Safety and Homeland Security Bureau, at 202-418-1678, or by email at [email protected]. For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order and Second Order on Reconsideration (Second Report and Order) in PS Docket No. 15-91, No. 15-94, FCC 18-4, released on January 31, 2018. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY-1257), 445 12th Street SW, Washington, DC 20554, or online at: https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0131/FCC-18-4A1.pdf. The rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Public Law 109-347, Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 FR 36975 (2006). Synopsis 1. In this Second Report and Order, the Federal Communication Commission takes measures to enhance the effectiveness of Wireless Emergency Alerts (WEA). In particular, the Commission improves the accuracy with which emergency managers can geographically target the delivery of WEA Alert Messages to areas within their jurisdiction. New rules will ensure that consumers will continue to be able to retrieve and review Alert Message content for 24 hours from receipt. The Order also defines what it means for a Commercial Mobile Service (CMS) Provider to participate in WEA ``in whole'' versus ``in part.'' In the Second Order on Reconsideration, the Commission aligns the deadline for supporting Alert Messages initiated in Spanish with the deadline for extending the length of WEA messages from 90 to 360 characters. I. Background 2. The WEA system is a tool for authorized federal, state and local government entities to geographically target alerts and warnings to the WEA-capable mobile devices of Participating CMS Providers' subscribers. The Warning Alert and Response Network (WARN) Act gives the Federal Communications Commission (Commission) authority to adopt ``relevant technical standards, protocols, procedures and other technical requirements'' governing WEA. In September 2016, the Commission adopted the WEA Report and Order, 81 FR 75710 (Nov. 1, 2016), which included requirements to support Spanish language Alert Messages. It also adopted the WEA Further Notice of Proposed Rulemaking (WEA FNPRM), 81 FR 78539 (Nov. 8, 2016), seeking comment on measures to further improve emergency managers' ability to geographically target (geo-target) Alert Messages; to preserve Alert Messages on mobile devices for consumer review until they expire; and to define the extent of participation in WEA. II. Discussion 3. Geo-targeting of Alert Messages. This Order requires Participating CMS Providers to deliver Alert Messages to an area that matches the target area specified by alert originators, as proposed in the WEA FNPRM. The record demonstrates a compelling public interest need for WEA Alert Messages to be delivered in a more geographically targeted manner. Emergency managers and others emphasize that more accurate geo-targeting will encourage alert originators to use WEA, enable them to use WEA to more effectively motivate consumers to take protective actions, and will reduce the potential for over-alerting and subscriber opt-out of receiving WEA Alert Messages. In addition to supporting the need for more stringent geo-targeting requirements, the majority of commenters indicate that it is technically feasible to match delivery of WEA Alert Messages to an area prescribed by the alert originator. The Order defines ``matching'' the target area as delivering an Alert Message to 100 percent of the target area with no more than 0.1 of a mile overshoot. The majority of emergency managers support this degree of geo-targeting accuracy as sufficient to meet their alerting needs. The Order does not specify the technological approach Participating CMS Providers should take to comply with this geo-targeting requirement. 4. The Order acknowledges that, in certain circumstances, a Participating CMS Provider may be technically incapable of matching the target area. These circumstances include when the target area is outside of the Participating CMS Provider's network coverage area, when mobile devices have location services disabled, and when legacy networks or devices cannot be updated to support this functionality. These circumstances do not include where a CMS Provider cannot match the target area using network-based solutions and declines to pursue other available technologies. Furthermore, the Commission expects network infrastructure constraints to more granular geo-targeting will be a time limited issue. 5. If some or all of a Participating CMS Provider's network infrastructure is technically incapable of matching the specified target area, Participating CMS Providers must deliver the Alert Message to an area that best approximates the target area on and only on those aspects of its network infrastructure that are incapable of matching the target area. Any Participating CMS Provider that is technically capable of matching the target area is required to do so. Inability to comply with this rule by November 30, 2019 does not constitute technical incapability. In addition, a Participating CMS Provider must match only the portion of the target area that falls within its network's coverage area. The Order clarifies that CMS Providers are no longer allowed to transmit an Alert Message to an area no larger than the propagation area of a single transmission site. 6. The requirement to match the target area applies only to new mobile devices offered for sale after November 30, 2019 and to existing devices capable of being upgraded to support this matching standard. For existing mobile devices that cannot be upgraded, Participating CMS Providers must deliver the Alert Message to their ``best approximation'' of the target area. These devices will still be considered ``WEA-capable'' as of November 30, 2019, as long as the CMS Provider delivers Alert Messages to these devices using its ``best approximation'' of the target area. WEA-capable mobile devices with location services turned off (or otherwise unavailable) at the time of the Alert Message receipt should display the Alert Message by default, provided they are within a Participating CMS Provider's best approximation of the target area. 7. In matching the target area, Participating CMS Providers may not limit emergency managers' ability to use the full 360 characters of alphanumeric text allocated for displayable WEA Alert Messages. The record indicates that it is technically feasible for Participating CMS Providers to transmit polygon coordinates to mobile devices without [[Page 8621]] affecting the 360-character allotment for displayable Alert Message text, by using lossless compression techniques or limiting the number of vertices used to describe the target area. The Order specifies that Participating CMS Providers that choose to use device-based geo-fencing to match the target area are only required to transmit 76 vertices of up to four decimal places specifying the target area to a mobile device. 8. The Order requires Participating CMS Providers to comply with this requirement by November 30, 2019. The record indicates that enhanced geo-targeting can be implemented sooner than the 42 months proposed in the WEA FNPRM. In light of this record, and the urgent public safety benefits of enhanced geo-targeting, we find that the November 30, 2019 compliance deadline is feasible and in the public interest. The Commission expects the industry to move expeditiously to meet the November 30, 2019 compliance deadline. However, if the standards process is delayed or prolonged through no fault of a Participating CMS provider, the Commission may consider waiver of this requirement. 9. Consumer Disclosure Requirements. Section 10.240 of the Commission's rules requires that CMS Providers participating in WEA ``in part'' provide notice to consumers that WEA may not be available on all devices or within the entire service area, as well as details about the availability of WEA service. The Order further requires CMS Providers participating in WEA ``in part'' to disclose the extent to which enhanced geo-targeting is available on their network and devices at the point of sale, and the benefits of enhanced geo-targeting. These disclosures will allow consumers to make more informed choices about their ability to receive WEA Alert Messages that are relevant to them. The Commission suggests, but does not require, that Participating CMS Providers disclose to consumers at the point of sale that if they have not enabled location services on their devices, they may receive Alert Messages that are not relevant to them. Participating CMS Providers must comply with these enhanced disclosure rules by November 30, 2019, or as specified by publication in the Federal Register of a document announcing approval by the Office of Management and Budget (OMB) and the relevant effective date, whichever is later. 10. Preservation of Alert Messages. The Order adopts the WEA FNPRM's proposal to amend Sec. 10.500 of the WEA rules to state that WEA-capable mobile devices must preserve Alert Messages in a consumer- accessible format and location for at least 24 hours after the Alert Message is received on the subscriber's mobile device, or until deleted by the subscriber. The record shows that allowing consumers to review Alert Messages after they have been dismissed can improve comprehension of potentially life-saving information. Commenters indicate that it is feasible to preserve Alert Messages, and that some WEA-capable mobile devices are already capable of preserving Alert Messages. For those mobile devices that do not currently preserve Alert Messages, the record shows this capability can be enabled through a software update. 11. The Order require Participating CMS Providers to comply with this requirement by November 30, 2019. The record shows that 22 months is sufficient time for Participating CMS Providers to implement the software update needed to enable this functionality--and making this requirement align with the precise geo-targeting requirement should ease administration and oversight. Because the Order does not mandate a uniform approach to the preservation of Alert Messages, compliance with this requirement does not implicate changes to the provision of WEA that would necessitate standards development. Accordingly, the Order concludes that it is both feasible and in the public interest to require this functionality on WEA-capable mobile devices by November 30, 2019. 12. Defining WEA Participation. As proposed in the WEA FNPRM, the Order amends Sec. 10.10 of the Commission's rules to state that CMS Providers participate in WEA ``in whole'' when they agree to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in the entirety of their geographic service area, and when all mobile devices that they offer at the point of sale are WEA- capable. It further amends Sec. 10.10 to state that CMS Providers participate in WEA ``in part'' when they agree to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in some, but not in all, of their geographic service areas, or not all mobile devices that they offer at the point of sale are WEA-capable. The Order clarifies that CMS Providers that participate in WEA ``in part'' need not offer WEA on all devices available at the point of sale. These definitions will provide greater clarity to consumers about the availability of WEA service on networks and devices. 13. These definitions will become effective 60 days from their publication in the Federal Register. Commenters agree that CMS Providers should be required to renew their elections, if necessary to remain accurate and consistent with these definitions. Accordingly, the Order allows CMS Providers 120 days from the date of publication in the Federal Register of a document announcing approval by the Office of Management and Budget of the modified information collection requirements to update their WEA election status. This renewal will ensure that Participating CMS Providers' election notices are consistent with the definitions of ``in whole'' and ``in part'' participation adopted in this Order, and will promote public awareness and understanding of CMS Provider participation. 14. Second Order on Reconsideration. The Second Order on Reconsideration grants CTIA's request that the Commission extend the compliance deadline for supporting Spanish-language Alert Messages from two years to 30 months from the rule's publication in the Federal Register, to be consistent with the deadline for the rule that CMS Providers support WEA messages of up to 360 characters in length. The Order concludes that aligning the Spanish-language alert implementation compliance timeframe with the 360-character length requirement timeframe will both ensure that Spanish-language alerts are as effective as possible and will reduce costs for Participating CMS Providers. Absent such relief, Participating CMS Providers would have to incur separate costs of testing for both Spanish-language and 360- character WEA messages. Accordingly, the Order finds that extending the compliance deadline for Spanish-language alerting is in the public interest. This requirement will become applicable beginning May 1, 2019. 15. Cost and Benefit Analysis. The Order shows that the benefits from the improvements to WEA adopted in the Order should exceed their cost. The Order estimates the cost burden on CMS Providers as $41 million. This cost results mainly from modifications to standards and software. The Order estimates that the public safety benefit of the rules adopted in this Order will be in excess of these costs. This assessment of costs is based on the quantitative framework described in the WEA FNPRM, which no commenter opposed. The WEA FNPRM sought [[Page 8622]] comment on the costs and benefits of the proposed rules, but the Commission received a sparse record in response, including no dollar figure estimates. 16. Costs. The Order finds that the primary cost incurred by these rules will stem from the Order's enhanced geo-targeting requirement. In the WEA FNPRM, the Commission estimated that the rules could present a $41 million one-time cost to all Participating CMS Providers, which includes $1,140,000 for updating standards and specifications, $39,680,000 for new or modified software, $20,000 for recordkeeping costs, and a small incremental cost for consumer disclosure. 17. The cost of modifying an existing standard is less than the cost of creating a new standard. Assuming that enhanced geo-targeting will require the development of three new standards and the modification of 12 standards, the Order concludes that the maximum reasonable cost of standards modifications necessary to support enhanced geo-targeting will be $76,000 per standard times fifteen standards, or $1,140,000 as a one-time cost. After standards are set, Participating CMS Providers will need to develop and test new software to support enhanced geo-targeting and alert preservation. The WEA FNPRM anticipated that the software updates implicated by its proposals would cost, at most, $39,680,000 over 12 months. No commenters objected to this level of anticipated costs. The Order concludes that the cost of developing and testing new or modified software required to comply with the new rules would be no more than $39,680,000. Finally, the WEA FNPRM estimated that the total annual recordkeeping cost of the election requirement would be $18,074.53. The Commission received no objections to this estimate in the record. The Order concludes that a reasonable ceiling on the cost of renewing elections under the definitions of ``in whole'' and ``in part'' would be $20,000, and will be covered by the $41 million total cost estimate. 18. Benefits. Enhanced geo-targeting will improve the quality of WEA to the public and to emergency managers. Without more granular geo- targeting, the use of WEA can result in over-alerting, which leads to ``alert fatigue'' and confusion for consumers. Consumers that are outside of an area of concern, but receive alerts anyway, begin to ignore alerts or even choose to opt out of receiving future WEA Alert Messages on their mobile devices. Over-alerting can cause confusion and a burden on emergency resources by people who are not certain about how to respond to alerts. In the case of a wildfire, for example, alerting a wide area that is not in direct danger can result in clogged evacuation routes and many calls to emergency officials for additional information. Faced with the real cost of over-alerting, many emergency managers have declined to use WEA. Enhanced geo-targeting directly addresses the over-alerting problem and benefits both consumers and emergency managers. 19. The Order concludes that a one percent reduction in relevant fatalities, injuries, and costs for emergency services is a modest quantification of the benefits of more targeted WEA alerts. The benefit of a one percent reduction in relevant fatalities ($134 million), injuries (at least $2 million) and costs for emergency services ($48 million) yields a total benefit of $184 million. This is well in excess of the anticipated costs. Even if benefits were half of this projection, yielding only one half of one percent reduction in relevant fatalities, injuries and emergency response costs, that would still yield a benefit of $92 million, still significantly above the costs. No commenter has objected to the previous analysis claiming that the benefits of enhanced geo-targeting are sufficient to cover the $41 million costs imposed by this Second Report and Order. 20. In addition, alert preservation will allow subscribers to review details in WEA messages such as shelter locations, improving their ability to seek safety. Additional disclosure requirements will allow consumers to choose a provider and a phone that will bring them WEA alerts that they might otherwise miss. III. Procedural Matters A. Accessible Formats 21. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). B. Final Regulatory Flexibility Act Analysis 22. Pursuant to the Regulatory Flexibility Act of 1980, as amended (RFA), see 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis (IRFA) was included in the FNPRM in PS Docket No. 15-91. The Commission sought written comment on the proposals in this docket, including comment on the IRFA. This Final Regulatory Flexibility Analysis conforms to the RFA. C. Paperwork Reduction Act Analysis 23. This Report and Order contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520). The requirements will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. 24. In this document, we have assessed the effects of new consumer disclosure and election renewal requirements, and find that these rules will impose reasonable implementation costs on small businesses with fewer than 25 employees. D. Congressional Review Act 25. The Commission will send a copy of this Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). IV. Ordering Clauses 26. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, as well as by sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204 and 1206, that the Second WEA Report and Order and Second Order on Reconsideration in PS Docket Nos. 15-91 and 15-94 is hereby adopted. 27. It is further ordered that the Commission's rules and requirements are hereby amended as set forth in Appendix A of the Second Report and Order. 28. It is further ordered that the rules adopted herein will become effective as described herein. Those rules and requirements which contain new or modified information collection requirements that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction [[Page 8623]] Act will become effective 120 days after publication in the Federal Register of a document announcing such approval, except for the amendment to 47 CFR 10.240, which will become effective on November 30, 2019 or as specified by publication in the Federal Register of a document announcing OMB approval and the relevant effective date, whichever is later. 29. It is further ordered, pursuant to sections 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), and 706 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(o), 301, 301(r), 303(v), 307, 309, 335, 403, 544(g), and 606, as well as by sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act, 47 U.S.C. 1202(a),(b),(c), (f), 1203, 1204 and 1206, that the CTIA Petition is granted to the extent specified herein and in the First Order on Reconsideration. 30. It is further ordered that, as set forth in this Second Order on Reconsideration, the effective date of the requirement imposed by 47 CFR 10.480 published at 81 FR 75710 is delayed until May 1, 2019, the same effective date as other rules adopted by the WEA R&O that were made effective 30 months from the publication of the rules adopted in the WEA R&O in the Federal Register. 31. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Second WEA Report and Order and Second Order on Reconsideration, including the Final and Supplemental Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. 32. It is further ordered that the Commission shall send a copy of the Second WEA Report and Order and Second Order on Reconsideration to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 10 Communications common carriers, Emergency alerting. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 10 to read as follows: PART 10--WIRELESS EMERGENCY ALERTS 0 1. The authority citation for part 10 continues to read as follows: Authority: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606; sections 602(a), (b), (c), (f), 603, 604 and 606 of Pub. L. 109-347, 120 Stat. 1884. 0 2. Amend Sec. 10.10 by adding paragraphs (k) and (l) to read as follows: Sec. 10.10 Definitions. * * * * * (k) CMS Provider participation ``in whole.'' CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in the entirety of their geographic service area, and when all mobile devices that the CMS Providers offer at the point of sale are WEA-capable. (l) CMS Provider participation ``in part.'' CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in some, but not in all of their geographic service areas, or CMS Providers that offer mobile devices at the point of sale that are not WEA-capable. 0 3. Amend Sec. 10.210 by revising paragraph (a) introductory text to read as follows: Sec. 10.210 WEA participation election procedures. (a) A CMS provider that elects to transmit WEA Alert Messages, in part or in whole as defined by Sec. 10.10(k) and (l), shall electronically file with the Commission a letter attesting that the Provider: * * * * * 0 4. Amend Sec. 10.240 by revising paragraph (c) to read as follows: Sec. 10.240 Notification to new subscribers of non-participation in WEA. * * * * * (c) CMS Providers electing to transmit alerts ``in part'' shall use the following notification: NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service area, or if a subscriber is outside of the [[CMS provider]] service area. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting, please ask a sales representative, or go to [[CMS provider's URL]]. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service) * * * * * 0 5. Amend Sec. 10.450 by revising paragraph (a) and adding paragraph (c) to read as follows: Sec. 10.450 Geo-targeting. * * * * * (a) This section establishes minimum requirements for the geographic targeting of Alert Messages. A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must deliver any Alert Message that is specified by a circle or polygon to an area that matches the specified circle or polygon. A Participating CMS Provider is considered to have matched the target area when they deliver an Alert Message to 100 percent of the target area with no more than 0.1 of a mile overshoot. If some or all of a Participating CMS Provider's network infrastructure is technically incapable of matching the specified target area, then that Participating CMS Provider must deliver the Alert Message to an area that best approximates the specified target area on and only on those aspects of its network infrastructure that are incapable of matching the target area. A Participating CMS Provider's network infrastructure may be considered technically incapable of matching the target area in limited circumstances, including when the target area is outside of the Participating CMS Provider's network coverage area, when mobile devices have location services disabled, and when legacy networks or devices cannot be updated to support this functionality. * * * * * (c) In matching the target area, Participating CMS Providers may not limit the availability of 360 characters for the Alert Message text. 0 6. Amend Sec. 10.500 by revising the introductory text and adding paragraph (h) to read as follows: [[Page 8624]] Sec. 10.500 General requirements. WEA mobile device functionality is dependent on the capabilities of a Participating CMS Provider's delivery technologies. Mobile devices are required to perform the following functions: * * * * * (h) Preservation of Alert Messages in a consumer-accessible format and location for at least 24 hours or until deleted by the subscriber. [FR Doc. 2018-03990 Filed 2-27-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations 8619
with concentrations of titanium dioxide power and responsibilities among the FEDERAL COMMUNICATIONS
exceeding 45% by weight of the various levels of government or between COMMISSION
formulations containing anthraquinone. the Federal Government and Indian
tribes. Thus, the Agency has determined 47 CFR Part 10
VI. Conclusions
that Executive Order 13132, entitled [PS Docket Nos. 15–91, 15–94; FCC 18–
Therefore, an exemption from the ‘‘Federalism’’ (64 FR 43255, August 10, 4]
requirement of a tolerance is established 1999) and Executive Order 13175,
under 40 CFR 180.1195 for titanium entitled ‘‘Consultation and Coordination Wireless Emergency Alerts;
dioxide (CAS Reg. No. 13463–67–7) with Indian Tribal Governments’’ (65 FR Emergency Alert System
when used as an inert ingredient 67249, November 9, 2000) do not apply
(colorant) up to 45% in foliar pesticide AGENCY: Federal Communications
to this action. In addition, this action
formulations containing anthraquinone. Commission.
does not impose any enforceable duty or
ACTION: Final rule.
VII. Statutory and Executive Order contain any unfunded mandate as
Reviews described under Title II of the Unfunded SUMMARY: This document adopts
Mandates Reform Act (UMRA) (2 U.S.C. revisions to Wireless Emergency Alert
This action establishes an exemption
1501 et seq.). (WEA) rules to improve utility of WEA
from the requirement of a tolerance This action does not involve any
under FFDCA section 408(d) in as a life-saving tool. By this action, the
technical standards that would require Commission adopts rules that will
response to a petition submitted to the Agency consideration of voluntary
Agency. The Office of Management and improve the accuracy with which
consensus standards pursuant to section Participating CMS Providers transmit
Budget (OMB) has exempted these types
12(d) of the National Technology Alert Messages to the specified target
of actions from review under Executive
Transfer and Advancement Act area. This document also adopts rules to
Order 12866, entitled ‘‘Regulatory
(NTTAA) (15 U.S.C. 272 note). preserve Alert Messages on mobile
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action VIII. Congressional Review Act devices, inform consumers about WEA
has been exempted from review under capabilities at the point of sale, define
Pursuant to the Congressional Review participation in WEA, and extend the
Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will
not subject to Executive Order 13211, compliance deadline for Spanish
submit a report containing this rule and language alerting. Through this action,
entitled ‘‘Actions Concerning other required information to the U.S.
Regulations That Significantly Affect the Commission hopes to empower state
Senate, the U.S. House of and local alert originators to utilize
Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller
FR 28355, May 22, 2001) or Executive WEA during emergencies.
General of the United States prior to
Order 13045, entitled ‘‘Protection of DATES: Effective dates: The amendments
publication of the rule in the Federal
Children from Environmental Health to §§ 10.10 and 10.210 are effective
Register. This action is not a ‘‘major
Risks and Safety Risks’’ (62 FR 19885, April 30, 2018. The amendments to
rule’’ as defined by 5 U.S.C. 804(2).
April 23, 1997). This action does not §§ 10.450 and 10.500 are effective
contain any information collections List of Subjects in 40 CFR Part 180 November 30, 2019. The amendment to
subject to OMB approval under the Environmental protection, § 10.240 contains new or modified
Paperwork Reduction Act (PRA) (44 Administrative practice and procedure, information collection requirements and
U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides will not be effective until those
any special considerations under and pests, Reporting and recordkeeping information collection requirements are
Executive Order 12898, entitled requirements. approved by the Office of Management
‘‘Federal Actions to Address and Budget. The Federal
Dated: February 15, 2018. Communications Commission will
Environmental Justice in Minority
Populations and Low-Income Michael L. Goodis, publish a document in the Federal
Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Register announcing the effective date
1994). Pesticide Programs. for the section.
Since tolerances and exemptions that Therefore, 40 CFR chapter I is Compliance dates: Participating CMS
are established on the basis of a petition amended as follows: Providers must comply with the new
under FFDCA section 408(d), such as point of sale disclosure rules by
PART 180—[AMENDED] November 30, 2019, or as specified by
the exemption in this final rule, do not
require the issuance of a proposed rule, ■ 1. The authority citation for part 180 publication in the Federal Register of a
the requirements of the Regulatory continues to read as follows: document announcing approval by the
Flexibility Act (RFA) (5 U.S.C. 601 et Office of Management and Budget
Authority: 21 U.S.C. 321(q), 346a and 371. (OMB) and the relevant effective date,
seq.), do not apply.
This action directly regulates growers, ■ 2. Section 180.1195 is amended by whichever is later. CMS Providers are
food processors, food handlers, and food adding paragraph (c) to read as follows: required to update their WEA election
retailers, not States or tribes, nor does status within June 28, 2018 of a
§ 180.1195 Titanium dioxide. document announcing approval by the
this action alter the relationships or
distribution of power and * * * * * Office of Management and Budget of the
responsibilities established by Congress (c) Titanium dioxide (CAS Reg. No. modified information collection
in the preemption provisions of FFDCA 13463–67–7) is exempted from the requirements.
sradovich on DSK3GMQ082PROD with RULES
section 408(n)(4). As such, the Agency requirement of a tolerance for residues Applicability date: The requirement to
has determined that this action will not in or on growing crops, when used as an support Spanish language Alert
have a substantial direct effect on States inert ingredient (colorant) in foliar Messages in § 10.480 is applicable
or tribal governments, on the applications at no more than 45% of the beginning May 1, 2019.
relationship between the national formulations containing anthraquinone. FOR FURTHER INFORMATION CONTACT:
government and the States or tribal [FR Doc. 2018–04108 Filed 2–27–18; 8:45 am] James Wiley, Attorney Advisor,
governments, or on the distribution of BILLING CODE 6560–50–P Cybersecurity and Communications
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![Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations 8623
Act will become effective 120 days after PART 10—WIRELESS EMERGENCY charge for these wireless emergency
publication in the Federal Register of a ALERTS alerts.
document announcing such approval, Wireless emergency alerts, including
except for the amendment to 47 CFR ■ 1. The authority citation for part 10 enhanced geo-targeting, may not be
10.240, which will become effective on continues to read as follows: available on all devices or in the entire
November 30, 2019 or as specified by Authority: 47 U.S.C. 151, 154(i) and (o), service area, or if a subscriber is outside
publication in the Federal Register of a 201, 303(r), 403, and 606; sections 602(a), (b), of the [[CMS provider]] service area. For
document announcing OMB approval (c), (f), 603, 604 and 606 of Pub. L. 109–347, details on the availability of this service
and the relevant effective date, 120 Stat. 1884. and wireless emergency alert capable
whichever is later. ■ 2. Amend § 10.10 by adding devices, including the availability and
paragraphs (k) and (l) to read as follows: benefits of enhanced geo-targeting,
29. It is further ordered, pursuant to please ask a sales representative, or go
sections 1, 2, 4(i), 4(o), 301, 303(r), § 10.10 Definitions. to [[CMS provider’s URL]].
303(v), 307, 309, 335, 403, 624(g), and * * * * * Notice required by FCC Rule 47 CFR
706 of the Communications Act of 1934, (k) CMS Provider participation ‘‘in 10.240 (Commercial Mobile Alert
as amended, 47 U.S.C. 151, 152, 154(i), whole.’’ CMS Providers that have agreed Service)
154(o), 301, 301(r), 303(v), 307, 309, to transmit WEA Alert Messages in a * * * * *
335, 403, 544(g), and 606, as well as by manner consistent with the technical ■ 5. Amend § 10.450 by revising
sections 602(a),(b),(c), (f), 603, 604 and standards, protocols, procedures, and
606 of the WARN Act, 47 U.S.C. paragraph (a) and adding paragraph (c)
other technical requirements to read as follows:
1202(a),(b),(c), (f), 1203, 1204 and 1206, implemented by the Commission in the
that the CTIA Petition is granted to the entirety of their geographic service area, § 10.450 Geo-targeting.
extent specified herein and in the First and when all mobile devices that the * * * * *
Order on Reconsideration. CMS Providers offer at the point of sale (a) This section establishes minimum
30. It is further ordered that, as set are WEA-capable. requirements for the geographic
forth in this Second Order on (l) CMS Provider participation ‘‘in targeting of Alert Messages. A
Reconsideration, the effective date of part.’’ CMS Providers that have agreed Participating CMS Provider will
the requirement imposed by 47 CFR to transmit WEA Alert Messages in a determine which of its network
10.480 published at 81 FR 75710 is manner consistent with the technical facilities, elements, and locations will
delayed until May 1, 2019, the same standards, protocols, procedures, and be used to geographically target Alert
effective date as other rules adopted by other technical requirements Messages. A Participating CMS Provider
the WEA R&O that were made effective implemented by the Commission in must deliver any Alert Message that is
30 months from the publication of the some, but not in all of their geographic specified by a circle or polygon to an
rules adopted in the WEA R&O in the service areas, or CMS Providers that area that matches the specified circle or
Federal Register. offer mobile devices at the point of sale polygon. A Participating CMS Provider
that are not WEA-capable. is considered to have matched the target
31. It is further ordered that the
■ 3. Amend § 10.210 by revising area when they deliver an Alert Message
Commission’s Consumer and
paragraph (a) introductory text to read to 100 percent of the target area with no
Governmental Affairs Bureau, Reference
as follows: more than 0.1 of a mile overshoot. If
Information Center, shall send a copy of
some or all of a Participating CMS
the Second WEA Report and Order and § 10.210 WEA participation election
Provider’s network infrastructure is
Second Order on Reconsideration, procedures.
technically incapable of matching the
including the Final and Supplemental (a) A CMS provider that elects to
specified target area, then that
Final Regulatory Flexibility Analyses, to transmit WEA Alert Messages, in part or
Participating CMS Provider must deliver
the Chief Counsel for Advocacy of the in whole as defined by § 10.10(k) and
the Alert Message to an area that best
Small Business Administration. (l), shall electronically file with the
approximates the specified target area
32. It is further ordered that the Commission a letter attesting that the
on and only on those aspects of its
Commission shall send a copy of the Provider:
network infrastructure that are
Second WEA Report and Order and * * * * * incapable of matching the target area. A
Second Order on Reconsideration to ■ 4. Amend § 10.240 by revising Participating CMS Provider’s network
Congress and the Government paragraph (c) to read as follows: infrastructure may be considered
Accountability Office pursuant to the technically incapable of matching the
§ 10.240 Notification to new subscribers of
Congressional Review Act, see 5 U.S.C. non-participation in WEA. target area in limited circumstances,
801(a)(1)(A). including when the target area is
* * * * *
(c) CMS Providers electing to transmit outside of the Participating CMS
List of Subjects in 47 CFR Part 10
alerts ‘‘in part’’ shall use the following Provider’s network coverage area, when
Communications common carriers, notification: mobile devices have location services
Emergency alerting. NOTICE REGARDING disabled, and when legacy networks or
TRANSMISSION OF WIRELESS devices cannot be updated to support
Federal Communications Commission.
EMERGENCY ALERTS (Commercial this functionality.
Marlene H. Dortch,
Mobile Alert Service) * * * * *
sradovich on DSK3GMQ082PROD with RULES
Secretary, Office of the Secretary. [[CMS provider]] has chosen to offer (c) In matching the target area,
Final Rules wireless emergency alerts, including Participating CMS Providers may not
enhanced geo-targeting, within portions limit the availability of 360 characters
For the reasons discussed in the of its service area, as defined by the for the Alert Message text.
preamble, the Federal Communications terms and conditions of its service ■ 6. Amend § 10.500 by revising the
Commission amends 47 CFR part 10 to agreement, on wireless emergency alert introductory text and adding paragraph
read as follows: capable devices. There is no additional (h) to read as follows:
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![8624 Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations
§ 10.500 General requirements. Consumer and Governmental Affairs communications services (ACS
WEA mobile device functionality is Bureau, at (202) 418–0573 or email: telephonic CPE) must comply with the
dependent on the capabilities of a Susan.Bahr@fcc.gov. applicable provisions of 47 CFR part 68
Participating CMS Provider’s delivery SUPPLEMENTARY INFORMATION: This is a as amended by document FCC 17–135 if
technologies. Mobile devices are summary of the Commission’s Report they are manufactured or imported on
required to perform the following and Order and Order on or after February 28, 2020. However,
functions: Reconsideration, document FCC 17– §§ 68.501 through 68.504 contain
* * * * * 135, adopted on October 24, 2017, information collections that have not yet
(h) Preservation of Alert Messages in released on October 26, 2017, in CG been approved by OMB. In the event
a consumer-accessible format and Docket No. 13–46, WT Docket Nos. 07– that OMB approval does not occur
location for at least 24 hours or until 250 and 10–254. The full text of this before February 28, 2020, the FCC will
deleted by the subscriber. document will be available for public publish a document in the Federal
[FR Doc. 2018–03990 Filed 2–27–18; 8:45 am] inspection and copying during regular Register extending the compliance
business hours at the FCC Reference deadline for these provisions and will
BILLING CODE 6712–01–P
Information Center, Portals II, 445 12th subsequently publish a document
Street SW, Room CY–A257, announcing a later compliance date.
FEDERAL COMMUNICATIONS Wireless handsets submitted for
Washington, DC 20554. To request
COMMISSION equipment certification or for a
materials in accessible formats for
permissive change relating to hearing
people with disabilities (Braille, large
47 CFR Parts 20 and 68 aid compatibility starting March 1,
print, electronic files, audio format),
2021, must comply with the wireless
[CG Docket No. 13–46, WT Docket Nos. 07– send an email to fcc504@fcc.gov or call
volume control requirements set forth in
250 and 10–254; FCC 17–135] the Consumer and Governmental Affairs
47 CFR 20.19. Any grants of certification
Bureau at (202) 418–0530 (voice), (844)
Hearing Aid Compatibility Standards issued to wireless handsets not
432–2272 (videophone), or (202) 418– equipped with such volume control that
AGENCY: Federal Communications 0432 (TTY). were submitted for certification before
Commission. Document FCC 17–135 concerns the March 1, 2021, remain valid for HAC
ACTION: Final rule. Commission’s rules for HAC for purposes.
wireline and wireless handsets. The Wireless handsets submitted for
SUMMARY: The Commission amends its Commission previously sought equipment certification or for a
hearing aid compatibility (HAC) rules to comment on these issues in Access to permissive change relating to HAC
enhance equal access to the national Telecommunication Equipment and beginning August 28, 2018, must
telecommunications network by people Services by Persons with Disabilities; comply with the M3 and T3 ratings
with hearing loss and implement the Amendment of the Commission’s Rules associated with the ANSI C63.19–2011
Twenty-First Century Communications Governing Hearing Aid-Compatible standard. Any grants of certification
and Video Accessibility Act. The Mobile Handsets; Comment Sought on issued for wireless handsets that were
changes incorporate by reference a 2010 Review of Hearing Aid submitted for certification before August
revised technical standard for volume Compatibility Regulations, Notice of 28, 2018, under ANSI C63.19–2011, or
control for wireline telephones, expand Proposed Rulemaking, published at 80 previous versions of ANSI 63.19, remain
the scope of the wireline HAC rules, add FR 80722, December 28, 2015 (NPRM). valid for HAC purposes.
a volume control requirement for Document FCC 17–135 also responds to
wireless handsets, and eliminate an the Petition for Partial Reconsideration Incorporation by Reference
outdated wireless technical standard. filed by LG Electronics MobileComm The Office of Federal Register (OFR)
DATES: Effective March 30, 2018, except U.S.A., Inc., et al. on October 8, 2010, recently revised its regulations to
47 CFR 68.501 through 68.504, which concerning Amendment of the require that agencies must discuss in the
contain modified information collection Commission’s Rules Governing Hearing preamble of a final rule ways that the
requirements that require approval by Aid-Compatible Mobile Handsets, materials the agency is incorporating by
the Office of Management and Budget Policy Statement and Second Report reference are reasonably available to
(OMB) under the Paperwork Reduction and Order and Further Notice of interested parties or how it worked to
Act (PRA), and which will become Proposed Rulemaking, document FCC make those materials reasonably
effective after the Commission publishes 10–145, published at 75 FR 54508, available to interested parties. In
a document in the Federal Register September 8, 2010 (August 2010 Report addition, the preamble of the final rule
announcing such approval and the and Order). must summarize the material. Several
relevant effective date. standards are incorporated by reference:
The incorporation by reference of Compliance Dates
(a) Paragraph 4.1.2 (including table 4.4)
ANSI/TIA–4965–2012 is approved by Wireline telephones manufactured or of ANSI/EIA–470–A–1987; (b)
the Director of the Federal Register as of imported into the United States on or paragraph 4.3.2 of ANSI/EIA/TIA–579–
March 30, 2018. The incorporation by after February 28, 2020, must comply 1991; (c) ANSI/TIA–4965–2012; (d)
reference of the material in § 20.19 was with the revised wireline volume ANSI C63.19–2007; and (e) ANSI
approved by the Director of the Federal control technical standard (ANSI/TIA– C63.19–2011. These standards address
Register as of June 6, 2008 and August 4965–2012) incorporated by reference the use of wireless and wireline
16, 2012. The incorporation by reference into 47 CFR 68.317. Wireline telephones handsets by people with hearing loss,
sradovich on DSK3GMQ082PROD with RULES
of the other material in § 68.317 was manufactured or imported into the including people who use hearing aids.
approved by the Director of the Federal United States before February 28, 2020, The standards listed as (a), (b) and (c)
Register as of October 23, 1996. may comply with either ANSI/TIA– apply to inductive coupling and volume
Compliance Dates: See 4965–2012 or the existing wireline control for wireline telephones, and by
SUPPLEMENTARY INFORMATION. volume control standard referenced in document FCC 17–135, to ACS
FOR FURTHER INFORMATION CONTACT: 47 CFR 68.317(a)(1). Wireline telephonic CPE. Standards (a) and (b)
Susan Bahr, Disability Rights Office, telephones used for advanced were previously incorporated in the
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Document Created: 2018-02-28 03:20:00
Document Modified: 2018-02-28 03:20:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective dates: The amendments to Sec. Sec. 10.10 and 10.210 are effective April 30, 2018. The amendments to Sec. Sec. 10.450 and 10.500 are effective November 30, 2019. The amendment to Sec. 10.240 contains new or modified information collection requirements and will not be effective until those information collection requirements are approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date for the section. | |
| Contact | James Wiley, Attorney Advisor, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, at 202-418-1678, or by email at [email protected] For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected] | |
| FR Citation | 83 FR 8619 | |
| CFR Associated | Communications Common Carriers and Emergency Alerting |
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