CMAS Testing/Record-keeping Requirements Now In Effect

Posted on July 13, 2012 by Davina Sashkin

OMB approval, issued in 2009, finally makes it into the Federal Register in 2012.

Back in 2008, the Commission devised the Commercial Mobile Alert System (CMAS) (a/k/a the “Personal Localized Alerting Network” (PLAN), a/k/a “Wireless Emergency Alerts” (WEA)).  It’s a voluntary service through which wireless providers deliver emergency alerts and warnings from FEMA to their customers.  The FCC came up with the CMAS at Congress’s direction in the Warning Alert and Response Network (WARN) Act.

As we reminded the CMAS universe last March, the Commission’s 28-month timetable for roll-out of the CMAS wrapped up on April 7, 2012.

Wrapped up? Well, not entirely, as it turns out . . . at least until now.

CMAS participants (i.e., wireless providers who have chosen to participate in the FEMA-FCC joint effort) are subject to record-keeping and information-sharing requirements, according to related rules adopted in 2008.  Under those rules, CMAS participants must receive and distribute monthly test messages sent from Federal Alert Gateway Administrator.  In order to ensure that the system is working properly, the wireless provider’s own gateway must send an acknowledgement to the Federal Alert Gateway upon receipt of these interface test messages. The provider must also maintain logs of these monthly tests.

As required by our old friend the Paperwork Reduction Act, such administrative burdens must be approved by the OMB, which they were – back in 2009.  But, presumably because the Commission’s 2008 orders setting up the CMAS provided that the testing and record-keeping requirements weren’t set to take effect until the CMAS’s full deployment, the effective date of those testing/record-keeping chores was put on ice for nearly three years. By the time the CMAS finally went live in April, 2012, the fact that OMB had signed off on the testing/record-keeping end of things three years earlier appears to have been overlooked. Whatever the reason, the Commission didn’t bother to issue a Federal Register notice of OMB’s 2009 approval, and as a result, the testing/record-keeping requirements didn’t kick in in April, along with the rest of the CMAS.

But they’ve kicked in now. A notice of OMB’s approval of those requirements has just now made it into the Federal Register, and they are now effective.

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CMAS Reminder!!!

Posted on March 17, 2012 by Davina Sashkin

CMS providers who opted into the CMAS are looking at a fast-approaching deadline; so are providers who didn’t opt in.

Four years ago the Commission devised the Commercial Mobile Alert System (CMAS). You may know CMAS as the “Personal Localized Alerting Network” (PLAN) or “Wireless Emergency Alerts” (WEA). Whatever you call it, it’s a voluntary service through which wireless providers deliver emergency alerts and warnings from FEMA to their customers. In 2009, the Commission announced the timetable for roll-out of CMAS – a 28-month period that just happens to end in about three weeks, on April 7, 2012.

About 98% of all commercial mobile services (CMS) providers have signed up to be part of the CMAS. If you’re one of them, heads up. You’ve got until April 7 to begin sending the alerts out to cell phones and other mobile devices. Since the 28 months since the timetable announcement have supposedly been devoted to an extended process of development and testing (over the first ten months) and implementation and deployment (the last 18 months) involving all concerned, the fast-approaching deadline shouldn’t be a big surprise. But if this particular chore has somehow slipped off your to-do list, now would be a good time to put it back on the list, probably toward the top.

And those 2% of you who chose not be CMAS participants, you’re not off the hook. The CMAS rules require that you notify your customers and prospective customers that you will not be providing emergency alerts throughout all or part of your service area. And those notifications have got to be in place by May 15, 2012, according to a recent notice from the Public Safety and Homeland Security Bureau. 

The Commission’s rules provide the specific language to be used for these notifications. With respect to new or prospective customers, non-participating CMS providers who are not participating at all in CMAS must provide “clear and conspicuous” notice, at the point-of-sale, as follows:

NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service)

[[CMS provider]] presently does not transmit wireless emergency alerts. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service).

CMS providers who are participating only “in part” must use the following language (also at point-of-sale):

NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service)

[[CMS provider]] has chosen to offer wireless emergency alerts 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 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, 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).

For purposes of this rule, “point-of-sale” refers to any venue (e.g., stores, kiosks, third-party resellers, websites) through which the provider’s devices and services are marketed.

As to existing customers, providers must distribute an announcement amending the customer’s service agreement to include the appropriate notification language quoted above – except that the reference to “47 CFR 10.240” should be changed to “47 CFR 10.250”. The announcement should be sent to prepaid customers by first class mail (assuming that the provider has the necessary address). When addresses aren’t available, the provider must use “any reasonable method at its disposal” to (a) advise customers of the change in the terms and conditions of service and (b) directing them to voice-based notification or to a website providing the required notification.
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"WARN" Act Rules Released

Posted on August 14, 2008 by Peter Tannenwald

On August 7, 2008, the FCC released new rules (FCC 08-148), implementing the Warning Alert and Response Network ("WARN") Act, under which the Commercial Mobile Alert System ("CMAS") will be implemented by cellular telephone, PCS, and other Commercial Mobile Radio Service providers.  The CMAS will allow local, regional, and national emergency alert messages to be delivered to cellphone and other mobile radio terminals.

Carriers may opt in or out of the CMAS.  Those who decline to partipate at all or who choose to participate in only part of their service area must give clear and conspicuous notice to all new customers at the point of sale, including where sales are made by third-party agencies.  A carrier must notify existing customers of an election not to participate by amending the terms and conditions of their service contracts, giving notice in the same way they notify subscribers of other contract changes.  Prepaid service providers are included in the notice requirement; but because they often do not know the identity of their customers, they may give notice through text messaging and other electronic means if they choose not to use paper mail.  Carriers who participate fully may give notice or not, as they choose.  Carriers that elect to participate but later change their mind must notify their subscribers of their changed plans 60 days before curtailing or discontinuing service

and must allow subscribers to terminate service without any termination fee.  All subscribers must also be permitted to opt out of receiving emergency alerts other than Presidential messages, which must go to all subscribers.  Carriers that initially decide not to participate but later change their mind must give their customers 30 days notice.  In no case will customers be required to return a written acknowledgement that they received a carrier's notice.

By September 8, 2008, all commercial mobile service providers must file an electronic notice in PS Docket No. 08-146 of their decision as to whether to particate or not participate in the warning system.  A public notice, DA 08-1866, describes how to make the filing.  Carriers need not describe how they will implement CMAS, as some of that information is deemed proprietary.

Actual implementation will occur after the Federal Emergency Management Agency ("FEMA") announces the details of its gateway interface for distribution of emergency messages.  If FEMA has not made its announcement by December 31, 2008, the FCC will consider looking for another gateway operator.  FEMA's announcement will trigger a 10-month test and development period, followed by an 18-month implementation period, after which the CMAS must be up and running.
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Commercial Mobile Alert System: NCE TV stations must play; NCE radio gets a pass

Posted on July 11, 2008 by Davina Sashkin
In the latest step toward implementing the Commercial Mobile Alert System ("CMAS"), the FCC has adopted rules requiring NCE television stations to install equipment on their digital transmitters within the next two years (approximately). In keeping with its "technological neutrality" posture, the Commission has not specified particular equipment or technologies which must be utilized, BUT the Commission has nevertheless highlighted APTS's recommendations of the types of equipment that will be needed - the obvious implication being that APTS's recommendations should be the obvious first choice for anyone looking to assure compliance.  The FCC further presumes but does not require that the Public Broadcasting System will take on the role of providing the interface feed between stations and the CMAS.

In this Second Report & Order in the CMAS proceeding, the FCC clarified that noncommercial educational (NCE) broadcast television stations, but not NCE radio stations, must comply with the Congressional mandate to install equipment on their digital transmitters to enable geographic targeting of mobile phone emergency alerts. The FCC concluded the language in Section 602(c) of the WARN Act specifically pointing to "broadcast television digital signal transmitters" clearly reflected Congress's intent to limit the obligation to television and, therefore, to exempt radio. 

NCE TV operators need not worry about incurring costs in acquiring and installing the newly-mandated gear: all NCE stations subject to the requirement will be compensated for reasonable costs of compliance by the Assistant Secretary of Commerce for Communications and Information (that would be our friends at NTIA, dipping into the same fund being depleted by DTV converter box coupons - these are your tax dollars at work). As it is expected that many stations will need to request funding in advance in order to complete the installation, the equipment installation deadline is the latter of the following dates: 18 months from the receipt of this funding, or 18 months from the effective date of the order (60 days after publication in the Federal Register, which has not occurred as of the date of this post).

Since the FCC will apparently be looking to PBS to provide the interface feed, it is not clear how non-PBS NCE stations will be factored into the system.  This will presumably be one of a number of questions which will (ideally) be clarified in the coming months.

 
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