The Emergency Alert System
| Published date | 09 February 2022 |
| Citation | 87 FR 7413 |
| Record Number | 2022-00146 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
Federal Register, Volume 87 Issue 27 (Wednesday, February 9, 2022)
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7413-7421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00146]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[PS Docket No. 15-94; FCC 21-125; FR ID 66157]
The Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In the Notice of Proposed Rulemaking (NPRM), the Federal
Communications Commission (the FCC or the Commission) proposes action
to improve the clarity and accessibility of visual Emergency Alert
System messages to the public, particularly to people who are deaf or
hard of hearing. In addition, in the included Notice of Inquiry (NOI),
the Commission launches an examination of broader measures to enhance
the Emergency Alert System's overall functionality and accessibility.
DATES: Comments on the NPRM are due on or before March 11, 2022, and
reply comments are due on or before March 28, 2022. Comments on the NOI
are due on or before April 11, 2022, and reply comments are due on or
before May 10, 2022.
ADDRESSES: You may submit comments, identified by PS Docket No. 15-94,
by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 220701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For further information concerning the
information contained in this document, send an email to David Munson,
Attorney Advisor, Public Safety and Homeland Security Bureau at 202-
418-2921 or [email protected], or Christopher Fedeli, Attorney
Advisor, Public Safety and Homeland Security Bureau at
[email protected] or call 202-418-1514.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI), in PS Docket
Nos. 15-94, FCC 21-725, adopted on December 14, 2021, and released on
December 15, 2021. The full text of this document is available at
https://www.fcc.gov/document/fcc-seeks-improve-accessibility-clarity-emergency-alerts-0.
Synopsis
The nation's Emergency Alert System (EAS) ensures that the public
is quickly informed about emergency alerts issued by government
entities and delivered over broadcast, cable, and satellite television
and radio media. The EAS is comprised of both a legacy broadcast system
and an internet-based Common Alerting Protocol (CAP) system. The legacy
EAS distributes alerts over-the-air from one broadcast station antenna
to another. Alerts can also be sent over the internet in CAP format for
distribution to stations via the Federal Emergency Management Agency's
Integrated Public Alert and Warning System.
Because legacy EAS alerts only relay audio and not text, the visual
messages for such alerts contain only basic location and event
information generated from certain data codes of the alerts, which can
cause the visual message to lack clarity. The legacy EAS visual message
also typically contains less information than that included in the
audio message. CAP EAS alerts, by contrast, can be sent with enhanced
text, enabling the visual and audio messages transmitted to the public
to contain more expansive information. The procedures for constructing
and converting CAP EAS alerts into legacy EAS alerts are set forth in
the ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0 (May 17, 2010) (``ECIG Implementation Guide''), developed and
published by the EAS-CAP Industry Group. The limitations on visual
alert information in legacy EAS alerts may result in different or less
information displayed visually for those who are unable to access the
audio portion of an alert.
The NPRM seeks to improve the clarity and accessibility of EAS
visual messages to the public, including persons who are deaf or hard
of hearing, and others who are unable to access the audio message. In
the NPRM, the Commission proposes to require use of a predetermined
script as the visual message for legacy EAS nationwide tests (but not
for CAP-based nationwide EAS tests, because CAP already provides for
relaying enhanced text to form the visual message). To improve the
clarity of visual messages displayed to the public for CAP-based
nationwide EAS tests, the Commission proposes to revise the terminology
associated with the codes for nationwide tests.. Although the
Commission does not propose to apply the script approach to CAP-based
nationwide EAS test alerts, it does seek comment on whether its
proposed script approach or its proposed change to the national test
code terminology would require changes to the ECIG Implementation
Guide, and if so, what revisions would be required.
[[Page 7414]]
In addition, the Commission proposes to require that stations check
for and use the available CAP versions of all State and Local Area
alerts (which includes alerts issued by the National Weather Service)
instead of the legacy EAS versions, to increase the use of CAP in light
of CAP's superior visual messaging capabilities. The Commission seeks
comment on whether implementing this proposal would require changes to
the ECIG Implementation Guide, and if so, what changes would be
required.
In the companion NOI, the Commission seeks comment on additional
EAS improvements and redesigns to enable matching visual and audio
alert content and otherwise improve the clarity and accessibility of
EAS messages for all persons who might receive them. In the NOI, the
Commission seeks comment on how the legacy EAS architecture can be
modified, augmented, or redesigned to enable alert originators to relay
visual text that matches their audio message in legacy EAS alerts, as
well as to enable more functionality within the EAS as a whole.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice and
comment rulemaking proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' As required by the RFA, the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on a substantial
number of small entities by the policies and rules proposed in the
NPRM. Written public comments are requested on this IRFA. Comments must
be identified as responses to the IRFA and must be filed by the
deadlines for comments on the NPRM. The Commission will send a copy of
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
A. Need for, and Objectives of, the Proposed Rules
In the NPRM, the Commission seeks comment on proposed changes to
the Emergency Alert System (EAS) rules associated with visual messages
constructed from legacy EAS-based alerts and visual messages
constructed from Common Alerting Protocol (CAP)-formatted alerts.
Specifically, the Commission seeks comment on proposed rule changes to:
(i) Replace the EAS National Periodic Test (or ``NPT'') event code
terminology from ``National Periodic Test'' to ``Nationwide Test of the
Emergency Alert System''; (ii) require EAS Participants to use the
following scripted text: ``This is a nationwide test of the Emergency
Alert System issued by the Federal Emergency Management Agency covering
the United States from [time] until [time]. This is only a test. No
action is required by the public.'' as the visual crawl (or block text)
whenever they receive a legacy EAS alert containing the NPT event code
and the ``All-U.S.'' geographic location code (instead of generating a
visual crawl or block text from the header codes); and (iii) require
EAS Participants to poll the Integrated Public Alert and Warning System
(IPAWS) CAP EAS server when they receive a state or local legacy EAS-
based alert to confirm whether there is a CAP version of that alert,
and if so, use the CAP version instead of the legacy EAS-based version.
The proposed rule changes are intended to improve the clarity and
descriptiveness of the visual messages generated for nationwide EAS
test alerts and State and Local Area alerts issued using the legacy
EAS; improve the chances that visual messages for State and Local Area
alerts will contain the same information contained in the audio
message, so members of the public who are unable to access the audio
message of the alert are able to receive critical informational
elements of an EAS test in plain, understandable language; and increase
the use of CAP alerting which has superior visual messaging
capabilities relative to legacy EAS.
B. Legal Basis
The proposed action is authorized pursuant to Sections 1, 2, 4(i),
4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 713 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 613
and Section 202 of the Twenty-First Century Communications and Video
Accessibility Act of 2010, as amended (also codified at 47 U.S.C. 613).
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of, the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. Our action may, over time, affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the SBA's Office of
Advocacy, in general a small business is an independent business having
fewer than 500 employees. These types of small businesses represent
99.9% of all businesses in the United States which translates to 30.7
million businesses.
Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or
less to delineate its annual electronic filing requirements for small
exempt organizations. Nationwide, for tax year 2018, there were
approximately 571,709 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2017 Census of Governments indicate that there
were 90,056 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number there were 36,931 General purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,040 special purpose governments--independent school
districts with enrollment of less than 50,000. Accordingly, based on
the 2017 U.S. Census of Governments data, we estimate that at least
48,971 entities fall into the category of ``small governmental
jurisdictions.''
[[Page 7415]]
Radio Stations. This Economic Census category comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public. Programming may originate in their own studio,
from an affiliated network, or from external sources.'' The SBA has
established a small business size standard for this category as firms
having $41.5 million or less in annual receipts. Economic Census data
for 2012 show that 2,849 radio station firms operated during that year.
Of that number, 2,806 firms operated with annual receipts of less than
$25 million per year, 17 with annual receipts between $25 million and
$49,999,999 million and 26 with annual receipts of $50 million or more.
Therefore, based on the SBA's size standard the majority of such
entities are small entities.
In addition to the U.S. Census Bureau's data, based on Commission
data we estimate that there are 4,560 licensed AM radio stations, 6,704
commercial FM radio stations and 8,339 FM translator and booster
stations. The Commission has also determined that there are 4,196
noncommercial educational (NCE) FM radio stations. The Commission
however does not compile and does not otherwise have access to
information on the revenue of NCE stations that would permit it to
determine how many such stations would qualify as small entities under
the SBA size standard.
We also note, that in assessing whether a business entity qualifies
as small under the above definition, business control affiliations must
be included. The Commission's estimate therefore likely overstates the
number of small entities that might be affected by its action, because
the revenue figure on which it is based does not include or aggregate
revenues from affiliated companies. In addition, to be determined a
``small business,'' an entity may not be dominant in its field of
operation. We further note, that it is difficult at times to assess
these criteria in the context of media entities, and the estimate of
small businesses to which these rules may apply does not exclude any
radio station from the definition of a small business on these bases,
thus our estimate of small businesses may therefore be over-inclusive.
Also, as noted above, an additional element of the definition of
``small business'' is that the entity must be independently owned and
operated. The Commission notes that it is difficult at times to assess
these criteria in the context of media entities and the estimates of
small businesses to which they apply may be over-inclusive to this
extent.
FM Translator Stations and Low-Power FM Stations. FM translators
and Low Power FM Stations are classified in the category of Radio
Stations and are assigned the same NAICS Code as licensees of radio
stations. This U.S. industry, Radio Stations, comprises establishments
primarily engaged in broadcasting aural programs by radio to the
public. Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA has established a
small business size standard which consists of all radio stations whose
annual receipts are $38.5 million dollars or less. U.S. Census Bureau
data for 2012 indicate that 2,849 radio station firms operated during
that year. Of that number, 2,806 operated with annual receipts of less
than $25 million per year, 17 with annual receipts between $25 million
and $49,999,999 million and 26 with annual receipts of $50 million or
more. Therefore, based on the SBA's size standard we conclude that the
majority of FM Translator Stations and Low Power FM Stations are small.
We note again, however, that in assessing whether a business
concern qualifies as ``small'' under the above definition, business
(control) affiliations must be included. Because we do not include or
aggregate revenues from affiliated companies in determining whether an
entity meets the applicable revenue threshold, our estimate of the
number of small radio broadcast stations affected is likely overstated.
In addition, as noted above, one element of the definition of ``small
business'' is that an entity would not be dominant in its field of
operation. We are unable at this time to define or quantify the
criteria that would establish whether a specific radio broadcast
station is dominant in its field of operation. Accordingly, our
estimate of small radio stations potentially affected by the rule
revisions discussed in the NPRM includes those that could be dominant
in their field of operation. For this reason, such estimate likely is
over-inclusive.
Television Broadcasting. This Economic Census category ``comprises
establishments primarily engaged in broadcasting images together with
sound.'' These establishments operate television broadcast studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in turn
broadcast the programs to the public on a predetermined schedule.
Programming may originate in their own studio, from an affiliated
network, or from external sources. The SBA has created the following
small business size standard for such businesses: Those having $41.5
million or less in annual receipts. The 2012 Economic Census reports
that 751 firms in this category operated in that year. Of that number,
656 had annual receipts of $25,000,000 or less, and 25 had annual
receipts between $25,000,000 and $49,999,999. Based on this data we
therefore estimate that the majority of commercial television
broadcasters are small entities under the applicable SBA size standard.
The Commission has estimated the number of licensed commercial
television stations to be 1,368. According to Commission staff review
of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on
November 16, 2017, 1,258 stations (or about 91 percent) had revenues of
$38.5 million or less, and therefore these licensees qualified as small
entities under the SBA definition. In addition, the Commission has
estimated the number of licensed noncommercial educational television
stations to be 390. Notwithstanding, the Commission does not compile
and otherwise does not have access to information on the revenue of NCE
stations that would permit it to determine how many such stations would
qualify as small entities. There are also 2,246 low power television
stations, including Class A stations (LPTV), and 3,543 TV translator
stations. Given the nature of these services, we will presume that all
of these entities qualify as small entities under the above SBA small
business size standard.
We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive. Also, as noted above, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. The Commission notes that it is
difficult
[[Page 7416]]
at times to assess these criteria in the context of media entities and
its estimates of small businesses to which they apply may be over-
inclusive to this extent.
Cable and Other Subscription Programming. The U.S. Census Bureau
defines this industry as establishments primarily engaged in operating
studios and facilities for the broadcasting of programs on a
subscription or fee basis. The broadcast programming is typically
narrowcast in nature (e.g., limited format, such as news, sports,
education, or youth-oriented). These establishments produce programming
in their own facilities or acquire programming from external sources.
The programming material is usually delivered to a third party, such as
cable systems or direct-to-home satellite systems, for transmission to
viewers. The SBA size standard for this industry establishes as small,
any company in this category which receives annual receipts of $41.5
million or less. According to 2012 U.S. Census Bureau data, 367 firms
operated for the entire year. Of that number, 319 operated with annual
receipts of less than $25 million a year and 48 firms operated with
annual receipts of $25 million or more. Based on this data, the
Commission estimates that the majority of firms operating in this
industry are small.
Cable System Operators (Rate Regulation Standard). The Commission
has developed its own small business size standards for the purpose of
cable rate regulation. Under the Commission's rules, a ``small cable
company'' is one serving 400,000 or fewer subscribers nationwide.
Industry data indicate that there are 4,600 active cable systems in the
United States. Of this total, all but five cable operators nationwide
are small under the 400,000-subscriber size standard. In addition,
under the Commission's rate regulation rules, a ``small system'' is a
cable system serving 15,000 or fewer subscribers. Commission records
show 4,600 cable systems nationwide. Of this total, 3,900 cable systems
have fewer than 15,000 subscribers, and 700 systems have 15,000 or more
subscribers, based on the same records. Thus, under this standard as
well, we estimate that most cable systems are small entities.
Cable System Operators (Telecom Act Standard). The Communications
Act of 1934, as amended, also contains a size standard for small cable
system operators, which is ``a cable operator that, directly or through
an affiliate, serves in the aggregate fewer than one percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' As of 2019, there were approximately 48,646,056 basic
cable video subscribers in the United States. Accordingly, an operator
serving fewer than 486,460 subscribers shall be deemed a small operator
if its annual revenues, when combined with the total annual revenues of
all its affiliates, do not exceed $250 million in the aggregate. Based
on available data, we find that all but nine incumbent cable operators
are small entities under this size standard. We note that the
Commission neither requests nor collects information on whether cable
system operators are affiliated with entities whose gross annual
revenues exceed $250 million. Although it seems certain that some of
these cable system operators are affiliated with entities whose gross
annual revenues exceed $250 million, we are unable at this time to
estimate with greater precision the number of cable system operators
that would qualify as small cable operators under the definition in the
Communications Act.
Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there was a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
we estimate that the majority of satellite telecommunications providers
are small entities.
All Other Telecommunications. The ``All Other Telecommunications''
category is comprised of establishments that are primarily engaged in
providing specialized telecommunications services, such as satellite
tracking, communications telemetry, and radar station operation. This
industry also includes establishments primarily engaged in providing
satellite terminal stations and associated facilities connected with
one or more terrestrial systems and capable of transmitting
telecommunications to, and receiving telecommunications from, satellite
systems. Establishments providing internet services or voice over
internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry. The
SBA has developed a small business size standard for ``All Other
Telecommunications,'' which consists of all such firms with gross
annual receipts of $32.5 million or less. For this category, U.S.
Census data for 2012 show that there were 1,442 firms that operated for
the entire year. Of these firms, a total of 1,400 had gross annual
receipts of less than $25 million. Thus, the Commission estimates that
the majority of ``All Other Telecommunications'' firms potentially
affected by our action can be considered small.
Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems, and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)).
BRS--In connection with the 1996 BRS auction, the Commission
established a small business size standard as an entity that had annual
average gross revenues of no more than $40 million in the previous
three calendar years. The BRS auctions resulted in 67 successful
bidders obtaining licensing opportunities for 493 Basic Trading Areas
(BTAs). Of the 67 auction winners, 61 met the definition of a small
business. BRS also includes licensees of stations authorized prior to
the auction. At this time, we estimate that of the 61 small business
BRS auction winners, 48 remain small business licensees. In addition to
the 48 small businesses that hold BTA authorizations, there are
approximately 86 incumbent BRS licensees that are considered small
entities (18 incumbent BRS licensees do not meet the small business
size standard). After adding the number of small business auction
licensees to the number of incumbent licensees not already counted,
there are currently approximately 133 BRS licensees that are defined as
small businesses under either the SBA or the Commission's rules.
In 2009, the Commission conducted Auction 86, the sale of 78
licenses in the BRS areas. The Commission offered three levels of
bidding credits: (i) A bidder with attributed average annual
[[Page 7417]]
gross revenues that exceed $15 million and do not exceed $40 million
for the preceding three years (small business) received a 15 percent
discount on its winning bid; (ii) a bidder with attributed average
annual gross revenues that exceed $3 million and do not exceed $15
million for the preceding three years (very small business) received a
25 percent discount on its winning bid; and (iii) a bidder with
attributed average annual gross revenues that do not exceed $3 million
for the preceding three years (entrepreneur) received a 35 percent
discount on its winning bid. Auction 86 concluded in 2009 with the sale
of 61 licenses. Of the ten winning bidders, two bidders that claimed
small business status won 4 licenses; one bidder that claimed very
small business status won three licenses; and two bidders that claimed
entrepreneur status won six licenses.
EBS--Educational Broadband Service has been included within the
broad economic census category and SBA size standard for Wired
Telecommunications Carriers since 2007. Wired Telecommunications
Carriers are comprised of establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA's small business size standard for this
category is all such firms having 1,500 or fewer employees. U.S. Census
Bureau data for 2012 show that there were 3,117 firms that operated
that year. Of this total, 3,083 operated with fewer than 1,000
employees. Thus, under this size standard, the majority of firms in
this industry can be considered small. In addition to U.S. Census
Bureau data, March 2019 there are 1,300 licensees holding over 2,190
active EBS licenses. The Commission estimates that of these 2,190
licenses, the majority are held by non-profit educational institutions
and school districts, which are by statute defined as small businesses.
Direct Broadcast Satellite (``DBS'') Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS is included in the category of
``Wired Telecommunications Carriers.'' The Wired Telecommunications
Carriers industry comprises establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single technology
or combination of technologies. Establishments in this industry use the
wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services, wired (cable) audio and video programming
distribution; and wired broadband internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry. The SBA size standard considers a wireline business is
small if it has fewer than 1,500 employees. U.S. Census Bureau data for
2012 indicates that 3,117 wireline companies were operational during
that year. Of that number, 3,083 operated with fewer than 1,000
employees. Based on that data, we conclude that the majority of
wireline firms are small under the applicable SBA standard. Currently,
however, only two entities provide DBS service, which requires a great
deal of capital for operation: DIRECTV (owned by AT&T) and DISH
Network. DIRECTV and DISH Network each report annual revenues that are
in excess of the threshold for a small business. Accordingly, we must
conclude that internally developed FCC data are persuasive that, in
general, DBS service is provided only by large firms.
Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees, and 12 firms had employment of 1,000
employees or more. Thus under this category and the associated size
standard, the Commission estimates that the majority of wireless
telecommunications carriers (except satellite) are small entities.
Wireless Communications Services. This service can be used for
fixed, mobile, radiolocation, and digital audio broadcasting satellite
uses. The Commission defined ``small business'' for the wireless
communications services (WCS) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a
``very small business'' as an entity with average gross revenues of $15
million for each of the three preceding years. The SBA has approved
these small business size standards. In the Commission's auction for
geographic area licenses in the WCS there were seven winning bidders
that qualified as ``very small business'' entities, and one that
qualified as a ``small business'' entity.
Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA has established a small business size
standard for this industry of 1,250 employees or less. U.S. Census
Bureau data for 2012 shows that 841 establishments operated in this
industry in that year. Of that number, 828 establishments operated with
fewer than 1,000 employees, 7 establishments operated with between
1,000 and 2,499 employees, and 6 establishments operated with 2,500 or
more employees. Based on this data, we conclude that a majority of
manufacturers in this industry are small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The proposed changes for which comment is sought in the NPRM, if
adopted, would impose new or modified reporting, recordkeeping or other
compliance obligations on certain small, as well as other, entities
required to distribute EAS alerts to the public (i.e., ``EAS
Participants''), and that manufacture EAS equipment. At this time the
Commission is not currently in a position to determine whether, if
adopted, the proposed changes will require small entities to hire
attorneys, engineers, consultants, or other professionals to comply and
cannot quantify the cost of compliance with the potential rule changes
and compliance obligations raised for comment in the NPRM. In our
request for comments on the proposals, we have requested
[[Page 7418]]
information on the cost of implementing the proposed changes as well as
potential alternatives to the proposals, particularly less costly
alternatives that should be considered.
The Commission's proposal to replace the EAS event code terminology
for the NPT event code from ``National Periodic Test'' to ``Nationwide
Test of the Emergency Alert System,'' to require using prepared script
for the visual message for the legacy-based nationwide EAS test alert,
and to require EAS Participants, when they receive a state or local
legacy EAS alert, to poll the IPAWS CAP EAS server to confirm whether
there is a CAP version of that alert and use that CAP version will
likely require EAS equipment manufacturers to develop software updates
to implement such changes in deployed EAS equipment and EAS equipment
in production. EAS Participants would also be required to acquire and
install such software updates in their EAS devices. Any EAS device
models currently in deployment incapable of being updated to reflect
these proposed changes likely would have to be replaced. Updating or
replacing deployed devices to reflect these proposed changes would be
at the expense of EAS Participants.
To help the Commission more fully evaluate the cost of compliance
if we were to adopt the proposed changes, in the NPRM we request
comments on the cost implications to implement these proposals and ask
whether there are more efficient and less burdensome alternatives that
might achieve the same results, including alternatives specific to
smaller entities. We expect the information we receive in comments
including cost and benefit analyses, to help the Commission identify
and evaluate relevant matters for small entities, including compliance
costs and other burdens that may result if the proposed recommendations
in the NPRM were adopted.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant,
specifically small business alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) and
exemption from coverage of the rule, or any part thereof, for such
small entities.''
In the NPRM, the Commission raised for consideration the
alternatives discussed below, which could minimize any significant
economic impact on small entities, if the EAS proposed rules changes
are adopted. The proposed nationwide test event code change is limited
in scope and only changes the terminology/text seen by the public. The
proposal does not change the system event code for the nationwide EAS
tests. The system event code will remain ``NPT,'' which the Commission
believes should minimize the installation burdens borne by EAS
Participants. Similarly, the proposed use of scripted text requirement
is also limited in scope. Rather than proposing this requirement for
both for legacy-based EAS alerts and CAP alerts, we have only proposed
the requirement for legacy-based EAS alerts. The Commission recognizes
that implementation of the proposed changes associated with the
nationwide EAS test alert will require small entities and other EAS
Participants to make changes to EAS enabled devices and take additional
steps to effectuate. With this in mind, we inquire about the
implications for EAS and other equipment, for other EAS and related
Commission rules, and for technical and operation plans and protocols
relating to implementation of the proposed changes to EAS alerts and
seek comment on these matters. In addition, we seek information on the
costs that would be incurred and by whom, in implementing the proposed
changes, on what, if any ancillary costs would be associated with
modifying equipment, and whether the costs of implementing the proposal
be would be outweighed by any benefit of making the visual alert crawl
more informative to hearing impaired individuals.
Having data on the various issues the Commission has raised and
requested comment on in the NPRM relating to the technical feasibility,
costs, benefits and the potential impact of implementing the proposed
EAS rule changes, including alternatives specific to smaller entities,
will assist with the Commission's evaluation of the economic impact on
small entities, and help to determine if the proposed rule changes are
adopted, how to minimize any significant economic for small entities
and identify any potential alternatives not already considered. The
Commission expects to more fully consider the economic impact and
alternatives for small entities following the review of comments and
reply comments filed in response to the NPRM. Moreover, the
Commission's evaluation of the comments will shape the final
alternatives it considers, the final conclusions it reaches, and the
actions it ultimately takes in this proceeding to minimize any
significant economic impact that may occur on small entities, if any of
the proposed rule changes are adopted.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Initial Paperwork Reduction Act of 1995 Analysis
The NPRM may contain potential new or revised information
collection requirements. Therefore, we seek comment on potential new or
revised information collections subject to the Paperwork Reduction Act
of 1995. If the Commission adopts any new or revised information
collection requirements, the Commission will publish a notice in the
Federal Register inviting the general public and the Office of
Management and Budget to comment on the information collection
requirements, as required by the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we seek specific comment on how we might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
Comments and Reply Comments
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated in the DATES section above.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998), https://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf.
Ex Parte Rules
The NPRM portion of this proceeding shall be treated as ``permit-
but-disclose'' proceedings in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
[[Page 7419]]
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must: (1) List all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made; and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules. The
NOI portion of this proceeding is exempt from the ex parte rules. See,
e.g., 47 CFR 1204(b)(1).
Incorporation by Reference
The material referenced in the regulatory text was approved for
incorporation by reference on April 23, 2012, and the NPRM seeks
comment on whether changes to those stamdards might be necessary in
light of changes proposed.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(o),
301, 303(r), 303(v), 307, 309, 335, 403, 624(g), 706, and 713 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 613
and Section 202 of the Twenty-First Century Communications and Video
Accessibility Act of 2010, as amended (also codified at 47 U.S.C. 613),
that this Notice of Proposed Rulemaking and Notice of Inquiry in PS
Docket Nos. 15-94 are hereby adopted and are effective upon publication
in the Federal Register.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 11
Incorporation by reference, Radio, Television.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 is revised to read as follows:
Authority: 47 U.S.C. 151, 152, 154(i), 154(o), 301, 303(r),
303(v), 307, 309, 335, 403, 544(g), 606, and 613, and Pub. L. 116-
283, 134 Stat. 3388, Sec. 9201.
0
2. Amend Sec. 11.31 by revising paragraph (e) to read as follows:
Sec. 11.31 EAS protocol.
* * * * *
(e) The following Event (EEE) codes are presently authorized:
Table 2 to Paragraph (e)
------------------------------------------------------------------------
Nature of activation Event codes
------------------------------------------------------------------------
National Codes (Required):
Emergency Action Notification (National EAN.
only).
National Information Center............... NIC
Nationwide Test of the Emergency Alert NPT.
System.
Required Monthly Test..................... RMT.
Required Weekly Test...................... RWT.
State and Local Codes (Optional):
Administrative Message.................... ADR.
Avalanche Warning......................... AVW.
Avalanche Watch........................... AVA.
Blizzard Warning.......................... BZW.
Blue Alert................................ BLU.
Child Abduction Emergency................. CAE.
Civil Danger Warning...................... CDW.
Civil Emergency Message................... CEM.
Coastal Flood Warning..................... CFW.
Coastal Flood Watch....................... CFA.
Dust Storm Warning........................ DSW.
Earthquake Warning........................ EQW.
Evacuation Immediate...................... EVI.
Extreme Wind Warning...................... EWW.
Fire Warning.............................. FRW.
Flash Flood Warning....................... FFW.
Flash Flood Watch......................... FFA.
Flash Flood Statement..................... FFS.
Flood Warning............................. FLW.
Flood Watch............................... FLA.
Flood Statement........................... FLS.
Hazardous Materials Warning............... HMW.
High Wind Warning......................... HWW.
High Wind Watch........................... HWA.
Hurricane Warning......................... HUW.
Hurricane Watch........................... HUA.
Hurricane Statement....................... HLS.
Law Enforcement Warning................... LEW.
Local Area Emergency...................... LAE.
Network Message Notification.............. NMN.
911 Telephone Outage Emergency............ TOE.
Nuclear Power Plant Warning............... NUW.
Practice/Demo Warning..................... DMO.
Radiological Hazard Warning............... RHW.
Severe Thunderstorm Warning............... SVR.
Severe Thunderstorm Watch................. SVA.
Severe Weather Statement.................. SVS.
Shelter in Place Warning.................. SPW
Special Marine Warning.................... SMW.
Special Weather Statement................. SPS.
Storm Surge Watch......................... SSA.
Storm Surge Warning....................... SSW.
Tornado Warning........................... TOR.
Tornado Watch............................. TOA.
Tropical Storm Warning.................... TRW.
Tropical Storm Watch...................... TRA.
Tsunami Warning........................... TSW.
Tsunami Watch............................. TSA.
Volcano Warning........................... VOW.
Winter Storm Warning...................... WSW.
Winter Storm Watch........................ WSA.
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 11.51 by revising paragraphs (d), (g)(3), (h)(3),
(j)(2), (m) introductory text, and (m)(2) to read as follows:
[[Page 7420]]
Sec. 11.51 EAS code and Attention Signal Transmission requirements.
* * * * *
(d)(1) Analog and digital television broadcast stations shall
transmit a visual message containing the Originator, Event, Location
and the valid time period of an EAS message, except that for national
test alerts (EAS messages using the NPT Event code) received in the EAS
Protocol format (as opposed to the Common Alerting Protocol (CAP)
format), with the ``All U.S.'' location code specified at Sec.
11.31(f), the required visual message shall state the following: ``This
is a nationwide test of the Emergency Alert System issued by the
Federal Emergency Management Agency covering the United States from
[time] until [time]. This is only a test. No action is required by the
public.''
Note 1 to paragraph (d)(1): The ``from [time] until [time]''
portion of the message shall be determined from the alert's release
date/time (JJJHHMM) and valid time period (+TTTT) header codes
specified at Sec. 11.31(c).
(2) Visual messages derived from CAP-formatted EAS messages shall
contain the Originator, Event, Location and the valid time period of
the message and shall be constructed in accordance with Sec. 3.6 of
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0'' (May 17, 2010).
* * * * *
(g) * * *
(3)(i) Shall transmit a visual EAS message on at least one channel.
The visual message shall contain the Originator, Event, Location, and
the valid time period of the EAS message, except that for national test
alerts (EAS messages using the NPT Event code) received in the EAS
Protocol format (as opposed to the CAP format), with the ``All U.S.''
location code specified at Sec. 11.31(f), the required visual message
shall state the following: ``This is a nationwide test of the Emergency
Alert System issued by the Federal Emergency Management Agency covering
the United States from [time] until [time]. This is only a test. No
action is required by the public.''
Note: 2 to paragraph (g)(3)(i): The ``from [time] until [time]''
portion of the message shall be determined from the alert's release
date/time (JJJHHMM) and valid time period (+TTTT) header codes
specified at Sec. 11.31(c).
(ii) Visual messages derived from CAP-formatted EAS messages shall
contain the Originator, Event, Location and the valid time period of
the message and shall be constructed in accordance with section 3.6 of
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0'' (May 17, 2010).
* * * * *
(h) * * *
(3)(i) Shall transmit the EAS visual message on all downstream
channels. The visual message shall contain the Originator, Event,
Location, and the valid time period of the EAS message, except that for
national test alerts (EAS messages using the NPT Event code) received
in the EAS Protocol format (as opposed to the CAP format), with the
``All U.S.'' location code specified at Sec. 11.31(f), the required
visual message shall state the following: ``This is a nationwide test
of the Emergency Alert System issued by the Federal Emergency
Management Agency covering the United States from [time] until [time].
This is only a test. No action is required by the public.''
Note 3 to paragraph (h)(3)(i): The ``from [time] until [time]''
portion of the message shall be determined from the alert's release
date/time (JJJHHMM) and valid time period (+TTTT) header codes
specified at Sec. 11.31(c).
(ii) Visual messages derived from CAP-formatted EAS messages shall
contain the Originator, Event, Location and the valid time period of
the message and shall be constructed in accordance with Sec. 3.6 of
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0'' (May 17, 2010).
* * * * *
(j) * * *
(2)(i) The visual message shall contain the Originator, Event,
Location, and the valid time period of the EAS message, except that for
national test alerts (EAS messages using the NPT Event code) received
in the EAS Protocol format (as opposed to the CAP format), with the
``All U.S.'' location code specified at Sec. 11.31(f), the required
visual message shall state the following: ``This is a nationwide test
of the Emergency Alert System issued by the Federal Emergency
Management Agency covering the United States from [time] until [time].
This is only a test. No action is required by the public.''
Note 4 to paragraph (j)(2)(i): The ``from [time] until [time]''
portion of the message shall be determined from the alert's release
date/time (JJJHHMM) and valid time period (+TTTT) header codes
specified at Sec. 11.31(c).
(ii) Visual messages derived from CAP-formatted EAS messages shall
contain the Originator, Event, Location and the valid time period of
the message and shall be constructed in accordance with Sec. 3.6 of
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0'' (May 17, 2010).
* * * * *
(m) EAS Participants are required to transmit all received EAS
messages in which the header code contains the Event codes for
Emergency Action Notification (EAN), Nationwide Test of the Emergency
Alert System (NPT), and Required Monthly Test (RMT), and when the
accompanying location codes include their State or State/county. These
EAS messages shall be retransmitted unchanged except for the LLLLLLLL-
code which identifies the EAS Participant retransmitting the message.
See Sec. 11.31(c). If an EAS source originates an EAS message with the
Event codes in this paragraph, it must include the location codes for
the State and counties in its service area (except for national event
codes using the ``All U.S.'' location code, which includes all States
and counties). When transmitting the required weekly test, EAS
Participants shall use the event code RWT. The location codes are the
State and county for the broadcast station city of license or system
community or city. Other location codes may be included upon approval
of station or system management. EAS messages may be transmitted
automatically or manually.
* * * * *
(2) Manual interrupt of programming and transmission of EAS
messages may be used. EAS messages with the EAN Event code, or the NPT
Event code in the case of a national test of the EAS, must be
transmitted immediately; Monthly EAS test messages must be transmitted
within 60 minutes. All actions must be logged and include the minimum
information required for EAS video messages.
* * * * *
0
4. Amend Sec. 11.52 by revising paragraph (d)(2), adding paragraph
(d)(5), and revising paragraphs (e) introductory text and (e)(2) to
read as follows:
Sec. 11.52 EAS code and Attention Signal Monitoring requirements.
* * * * *
(d) * * *
(2) With respect to monitoring EAS messages formatted in accordance
with the specifications set forth in Sec. 11.56(a)(2), EAS
Participants' EAS equipment must interface with the Federal Emergency
Management Agency's Integrated Public Alert and Warning System (IPAWS)
EAS Atom Feed to enable the distribution of Common Alert Protocol
(CAP)-formatted
[[Page 7421]]
alert messages from the IPAWS system to EAS Participants' EAS
equipment.
* * * * *
(5) Immediately upon receipt of a State or Local EAS message that
has been formatted in the EAS Protocol, EAS Participants must poll the
IPAWS EAS Atom Feed to determine whether a CAP-formatted version of
that received EAS Protocol-formatted alert is available, and if a CAP
version of the alert is available, acquire and process that CAP version
instead of the EAS Protocol-formatted version, as specified in Sec.
11.55(c).
* * * * *
(e) EAS Participants are required to interrupt normal programming
either automatically or manually when they receive an EAS message in
which the header code contains the Event codes for Emergency Action
Notification (EAN), Nationwide Test of the Emergency Alert System
(NPT), or the Required Monthly Test (RMT) for their State or State/
county location.
* * * * *
(2) Manual interrupt of programming and transmission of EAS
messages may be used. EAS messages with the EAN Event code, or the NPT
Event code in the case of a national test of the EAS, must be
transmitted immediately; Monthly EAS test messages must be transmitted
within 60 minutes. All actions must be logged and recorded as specified
in Sec. Sec. 11.35(a) and 11.54(a)(3). Decoders must be programmed for
the EAN, NPT, RMT and RWT Event header codes with the appropriate
accompanying location codes.
0
5. Amend Sec. 11.55 by revising paragraph (c) introductory text to
read as follows:
Sec. 11.55 EAS operation during a State or Local Area emergency.
* * * * *
(c) Immediately upon receipt of a State or Local Area EAS message
that has been formatted in the EAS Protocol, EAS Participants must poll
the Federal Emergency Management Agency's Integrated Public Alert and
Warning System (IPAWS) EAS Atom Feed to determine whether a Common
Alerting Protocol (CAP)-formatted version of that received EAS
Protocol-formatted alert is available, and if a CAP version of the
alert is available, acquire and process that CAP version instead of the
EAS Protocol-formatted version. Following this step, whether processing
the alert formatted in the EAS Protocol or CAP, EAS Participants
participating in the State or Local Area EAS must do the following:
* * * * *
0
6. Amend Sec. 11.61 by revising paragraph (a)(3)(i) to read as
follows:
Sec. 11.61 Tests of EAS procedures.
* * * * *
(a) * * *
(3) * * *
(i)(A) All EAS Participants shall participate in national tests as
scheduled by the Commission in consultation with the Federal Emergency
Management Agency (FEMA). Such tests will use the NPT event code and
may be initiated in the EAS Protocol format and/or the Common Alerting
Protocol (CAP) format. If an EAS Participant receives a national test
alert (an EAS message using the NPT Event code) in the EAS Protocol
format (as opposed to the CAP format), with the ``All U.S.'' location
code specified at Sec. 11.31(f), and is required to transmit a visual
message, such visual message shall state the following: ``This is a
nationwide test of the Emergency Alert System issued by the Federal
Emergency Management Agency covering the United States from [time]
until [time]. This is only a test. No action is required by the
public.''
Note 1 to paragraph (a)(3)(i)(A): The ``from [time] until
[time]'' portion of the message shall be determined from the alert's
release date/time (JJJHHMM) and valid time period (+TTTT) header
codes specified at Sec. 11.31(c).
(B) Visual messages derived from CAP-formatted national test alerts
shall contain the Originator, Event, Location and the valid time period
of the message and shall be constructed in accordance with Sec. 3.6 of
the ``ECIG Recommendations for a CAP EAS Implementation Guide, Version
1.0'' (May 17, 2010).
* * * * *
[FR Doc. 2022-00146 Filed 2-8-22; 8:45 am]
BILLING CODE 6712-01-P
