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FCC Considers Tougher Rules for Carriers on Cellphone Alerts

The FCC will consider whether to require that carriers refusing to give customers emergency alert system warnings post warnings to that effect in their stores and on their sites, said a notice of proposed rulemaking released late Friday. The FCC may set tougher rules than the Commercial Mobile Service Alert Advisory Committee recommended in other areas as well, the document indicated.

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The committee -- made up of interests including carriers, gear makers, public safety and broadcasters -- wanted service providers to have leeway on how to tell customers they don’t carry alerts. The rulemaking asked whether there should be rules with notice requirements.

“Should we specify the methods by which a service provider should notify prospective and existing subscribers that it has elected not to offer emergency alerts?” the rulemaking asked. Specifics include whether to require that those not issuing alerts post notices in or on their stores, kiosks, third party reseller locations, proprietary or third party Web sites, and any other forum for pitching the provider’s devices and services. “What form would that general notice take; for example, should service providers include a placard of a particular size at the point of sale?” the rulemaking asked.

The rulemaking doesn’t “tentatively conclude” that carriers must, if public safety asks, be prepared to target alerts to areas smaller than counties. But sources said the rulemaking offers much leeway for the FCC to impose that requirement, a preference of Chairman Kevin Martin (CD Dec 7 p2).

Nothing in the rulemaking raises red flags, industry sources said Monday. “I'm not torn by anything the commission asked,” the source said. “That’s just part of the process. I don’t think there is anything shocking or surprising.”

“The big issue prior to its release was whether or not the commission would propose rules that went beyond the committee’s recommendations,” said another industry source. “I didn’t see any.” The NPRM is “very open ended,” the source added.