Trade Groups and Local Public Safety Groups Disagree on Revamping Alerting

The FCC should “focus on what is sufficient to meet the statutory intent” and not radically change alerting “absent Congressional direction,” said the Competitive Carriers Association. NCTA instead pushed for a “ground-up redesign” that would transition the emergency alert system (EAS) entirely to IP.

Broadcasters, CTIA, alerting equipment manufacturer Digital Alert Systems (DAS) and others said FCC efforts to update alerting should improve existing systems, not replace them. The agency should “leverage existing design and infrastructure,” said CTIA. NAB said it “strongly supports innovation of EAS, so long as the existing system that has consistently ensured the EAS system’s core public warning function for so many decades is preserved.”

NAB and DAS said in their filings that the EAS is an unfunded mandate, and broadcasters and equipment makers would bear the costs of FCC-required upgrades.

On wireless emergency alerts, the Alliance for Telecommunications Industry Solutions said the FCC should “exercise great caution when considering any rule changes and take a light-touch approach.”

Low-power FM entity REC Networks and ACA Connects said the FCC’s NPRM on revamping alerting was too broad to lead directly to substantive orders, and specific changes would require their own proceedings. “It would be premature for the Commission to adopt ‘fundamental changes’ to its alerting systems without further study and the opportunity for public comment on more focused proposals,” said ACA Connects. REC likewise questioned “why this was released as a Notice of Proposed Rulemaking as no rules are actually being proposed as changing. This should have been released as a Notice of Inquiry.”

The Consumer Technology Association said the FCC proposals to expand emergency alerting to other platforms, such as streaming services and connected TVs, “would require overcoming resource-intensive and complicated technical hurdles, while duplicating the alerting that the public already receives.” DirecTV likewise highlighted the logistical burdens of implementing a state and local EAS on its system, saying they “would be significant.”

WTA argued that because most consumers already regularly carry a smartphone, alerts targeting streaming video “might be unnecessarily redundant and repetitive.”

DAS disagreed. “New platforms must be integrated into the alerting ecosystem if EAS is to remain representative of how Americans consume media today.” The FCC should look at integrating the Integrated Public Alert Warning System “with streaming services, web browsers, smart speakers, and connected devices.”

However, CCA said expanding alerts “to social media, IOT devices, and device-to-device communications” would “fall squarely outside of current statutory requirements and the current frameworks in place.” The trade group suggested that such an expansion would be shot down by the courts due to the demise of Chevron deference.

NPR, NAB and iHeartMedia said radio stations serving as the backbone of EAS are vital to the system’s operation. “Television and cable systems rely on radio broadcasters as the primary entry point for alerts -- changes to radio’s role could easily upend a large part of the system,” NPR said.

ATSC 3.0 could help expand the reach of emergency alerting, said Sinclair Broadcast, several broadcasters, North Carolina public safety bodies and ATSC, the Broadcast Standards Association. During power outages that knock out cellular networks, 3.0 can provide a backup path to mobile devices, said a joint filing from North Carolina Emergency Management, Capitol Broadcasting, Triveni Digital, PBS North Carolina and others. Sinclair also argued that ATSC 3.0 could “revolutionize EAS alerting with reliable, more detailed alerts that can be received by viewers at home or on the go -- even when other communications networks fail.”

While examining a revamp of EAS, the FCC should close a proceeding from the previous administration that sought comment on using prerecorded templates to provide multilingual alerts, said REC Networks. That proceeding was widely panned by broadcast groups. REC said the agency should continue working on other solutions for multilingual alerts.

But Asian Americans Advancing Justice pushed the FCC to “prioritize” multilingual alerts. “The consequences of language barriers in emergency communications are documented and devastating.” In addition, a joint filing from accessibility groups including TDIforAccess, the National Association for the Deaf and others recommended that the agency convene a task force focused on facilitating accessibility in emergency alerting.

Commenters in Agreement

Nearly all commenters agreed that alert origination shouldn't extend to utilities and private companies. The latter “have different incentives than government emergency management entities,” said NAB. “A private company that experiences a chemical spill or other hazard may be concerned with potential liability or financial impact, which could create an impulse to trigger an unnecessary EAS alert.”

If “non-government entities, such as utilities, have access to alerting systems, there is a risk that they will issue alerts for low-impact incidents, or avoid issuing alerts for high-impact incidents,” said New York City's Office of Emergency Management.

Numerous entities also agreed that public safety officials at all levels of government should be able to originate alerts. “If alerting authority were shifted away from local jurisdictions, there is a heightened risk that generic, abbreviated or delayed messages would circulate on social media or through related apps, creating confusion,” said a joint filing from several Colorado local public safety bodies. NAB said “allowing government entities at all levels of government to issue alerts best serves the objectives of EAS.”

Another point of agreement among many commenters was that additional training for alert originators is an important way to combat the unnecessary use of alerts. “Most alerting challenges arise from confusion regarding how the system works and what to expect when sending or receiving alerts,” CTIA said.

NPR, PBS and America’s Public Television Stations all said public broadcasting stations were vital to the reach and operation of EAS. “Public radio broadcasters are often the sole service in rural and more remote communities, and they also voluntarily alert audiences through numerous other means,” NPR said. “Many public television stations are the primary hub for their state’s EAS,” said APTS and PBS in a separate joint filing. “Public television stations play a critical role in the alerting and public safety communications systems of their local communities and the nation.”