"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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