CAP Compliance Postponed Until June 30, 2012

Posted on September 16, 2011 by Lee Petro

Last minute reprieve gives FCC, EAS participants nine extra months of breathing space

The Commission has announced that the deadline for complying with the Common Alerting Protocol (CAP) requirements has been extended until June 30, 2012. Good thing, too, since the previous deadline was September 30, 2011, a scant two weeks away. Of course, given the number of still unresolved issues on the CAP front, most observers figured that an extension was an odds-on mortal lock, but “most observers” don’t carry quite the same clout as five (or even just three) Commissioners.

If you’re still a little hazy on what CAP entails, check out our post from April, 2010. The fact that all EAS participants are going to have to be CAP-ready eventually has been a given since at least 2007. However, the transition to CAP technology has involved both the FCC and the Federal Emergency Management Agency (FEMA), a lethal mixture when it comes to scheduling anything. Both agencies had to adopt new rules and standards, and before the FCC could do its thing it had to wait for FEMA to do its thing. As a result, while the Commission’s rules currently mandate that “all EAS Participants must be able to receive CAP-formatted alerts”, even the Commission admits that nobody can comply with that requirement just yet, because the Commission still hasn’t finalized the specs which will establish precisely what it means to “receive CAP-formatted alerts”.

The Commission may be on the final lap of its work, but until it hits the finish line, loose ends will remain. Because of that, the deadline for EAS participants to comply has been put off twice already – from the original March, 2011 date to September 30, 2011, and now to June 30, 2012. While that should be plenty of time for the Commission to wrap things up, you never know. Still, for planning and budgeting purposes, all affected folks should probably assume that the June, 2012 deadline will stick this time. We’ll let you know of any further developments.

One word of caution. Since the Commission doesn’t have its new CAP rules in place, it also is not in a position to certify any particular equipment as CAP-compliant. But that hasn’t stopped some equipment suppliers from marketing “intermediate” devices designed to provide some CAP capabilities. With such devices in mind, the Commission has “reminded” all EAS participants that

equipment that meets the definition of an encoder or a decoder under our rules must be certified under Section 11.34 of the Commission’s current rules. In addition, equipment used to receive CAP-formatted EAS alerts must, at a minimum, comply with the CAP requirements the Commission adopted in the Second Report and Order.

Bottom line – anybody that has bought some such “intermediate device” should be sure to verify, with the gear’s manufacturer and/or vendor, that the gear does in fact comply with Commission rules that are already on the books.

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EAS Update: Another Virtual Roundtable Coming Soon

Posted on September 9, 2011 by Lee Petro

Rumor mill: extension of CAP compliance deadline may be in the works

As the first ever nationwide EAS test rapidly approaches, the Federal Emergency Management Agency has announced another “virtual roundtable” designed to assist the government and industry in prepping for the Big Day (that would be November 9). Here’s the scoop, according to a FEMA announcement:

Please save the date for the final EAS Participant Virtual Roundtable discussion with government and industry leaders on September 30, from 1:30 PM - 3:30 PM ET. The discussion will involve a variety of topics and draft documents for feedback that will support updates to the EAS Best Practices Guide and Nationwide EAS Test Informational Toolkit. Some examples include:

Television and Cable EAS Background Slate

Nationwide EAS Test Message Transcript Draft

Public Service Announcement Audio Sample

Nationwide EAS Test Data Reporting

Required Monthly Test Activities and Findings

Event Details:

What: FEMA IPAWS Special Event - Prepared & Ready: The Final Stretch Before the Nationwide EAS Test When: September 30, 2011; 1:30 PM - 3:30 PM ET

Where: Microsoft Live Meeting 2007 (This link will be active the morning of September 30th) (https://www323.livemeeting.com/cc/eiip/join?id=IPAWS&role=attend)- Please note that if you have Live Meeting Client correctly installed, you do not need a pass code or username (Live Meeting instructions http://www.fema.gov/pdf/emergency/ipaws/livemtginstruct.pdf)

The event will finalize the best practices guide with industry for a formal release on October 3, 2011.

The “best practices guide” mentioned in the blurb is a project designed to produce a comprehensive guide covering end-to-end National EAS message procedures. If you want to learn more about that guide – or even contribute some ideas to it – check out A National Dialogue on the Emergency Alert System. You can also follow FEMA on Twitter (https://twitter.com/#!/NationalEASTest) for information updates and events.

Meanwhile, the September 30 deadline for implementing the Common Alerting Protocol (CAP) is also fast approaching – even though there remain a number of unresolved questions that could affect various aspects of CAP compliance. The Commission signaled several months ago that it might be amenable to extending that September 30 deadline, and a number of groups have specifically requested such an extension. To date, however, no word from the Commission – although some reports indicate that an item granting an extension has been drafted and is sitting somewhere on the 8th Floor. The smart money seems convinced that an extension is indeed in the works and will be announced shortly – but when that may happen, and how long an extension may be provided, well, you just never know. Check back here for updates. (Important Reminder: The nationwide EAS test will proceed on November 9 regardless of the deadline for CAP implementation.)

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EAS: FCC Asks Questions, Suggests Extension Of CAP Compliance May Be In Store, Sets Date For National Test

Posted on June 19, 2011 by Lee Petro

Deadlines for comments on Third Further Notice of Proposed Rulemaking now set: comments due July 20, replies August 4; Nation-wide test set for November 9

The future of the Emergency Alert System (EAS) is here . . . almost. With the release of a Third Further Notice of Proposed Rulemaking (3rd FNPRM), the Commission has raised a welter of questions which, once resolved, should set the penultimate stage between the 20th Century’s Emergency Broadcast System and the 21st Century’s Next Generation EAS (NG-EAS). Perhaps the most important immediate question for broadcasters: should the current September 30, 2011 deadline for implementing the Common Alerting Protocol (CAP) for emergency messaging be extended? (Hint: In view of the number of open questions, the preferred answer is “Yes”.)  The deadlines for comments on that and the rest of the questions posed by the Commission have now been announced.

And on a separate but related note, the date for the long-awaited national EAS test – which we wrote about back in February – has now been set. Mark your calendars: November 9, 2011 at 2:00 p.m. EST. (Everybody take note: that date occurs just after the switch back to standard time.)

The process of converting from old-school, broadcast-centric EAS to a more ambitious NG-EAS, which will feature simultaneous messaging across multiple platforms (including cellular, internet, satellite and cable television providers, as well as broadcast radio and TV), has been in the works for several years. (Check out this post for more details.) The goal is to implement the CAP across the board. CAP is “an open, interoperable, data interchange format for collecting and distributing all-hazard safety notifications and emergency warnings to multiple information networks, public safety alerting systems, and personal communications devices.”  It’s part of the federal government’s deployment of the Integrated Public Alert and Warning System (IPAWS). 

Plain language: The Commission wants to move emergency messaging from the historic but limited analog approach to a digital system that can take advantage of all modes of electronic communication.

One problem in moving the process forward, however, has been the fact that the Federal Emergency Management Agency (FEMA) is also an integral player in the process. In fact, FEMA is the agency with primary responsibility for developing the CAP standards. So the FCC had to hold off on telling its regulatees what to do until FEMA had announced those standards. FEMA took care of that step in September, 2010, starting a 180-day count-down to implementation of the standard on the FCC side.

But that count-down got extended another 180 days – to September 30, 2011 – to accommodate equipment vendors and EAS participants, all of whom need time to gear up to produce the necessary equipment, obtain it, install it, test it, etc. The extension also gave the Commission extra time to revise its own EAS rules to address the transition from previous EAS standards to CAP.

The 3rdFNPRM reflects the Commission’s latest effort to take care of its end of the project. And a big project it is. After all, while moving multiple industries to a CAP-based system is the ultimate goal, the Commission must still work to maintain the existing system in the meantime. And that’s what the Commission is working on now. The plan is to retain the existing EAS while overlaying CAP messaging through RSS feeds and Internet Protocol technology.

To achieve that goal, the Commission has issued the 3rdFNPRM, a 74-page (not including appendices, which add another 50 or so pages) thicket of questions, questions and more questions. All EAS participants should take a look at it, but be forewarned: it’s not easy reading and, in the end, it’s not clear how much input any of us will really have in the final result. 

The Commission is looking for comment on the necessary steps that it must take to overlay CAP messages with the current EAS system while trying to move away from the out-dated technology that underlies that system in favor of more modern alert technologies (e.g., RSS feeds). Also on the docket: standards for CAP-compatible EAS equipment and the extent to which any need to certify that equipment could affect the Commission’s timetable for requiring compliance. 

The Commission is also looking for input regarding the possible use of intermediary devices by EAS Participants that would receive the CAP messaging and translate the message into the format currently used by legacy EAS equipment. These intermediary devices may offer a more cost-effective approach for EAS participants to come into compliance while the Commission and FEMA are considering a more comprehensive overhaul to EAS.

Perhaps the most important question posed by the Commission in the 3rd FNPRM is whether a further extension of the CAP implementation deadline is necessary. Given the depth and breadth of questions asked by the Commission in the 3rd FNPRM, we think it’s pretty obvious that the Commission itself still has a fair amount of homework to do – and the FCC is therefore not ready to tell EAS participants that they must comply with yet-to-be-developed rules. The Commission seems to acknowledge this, and asks specifically whether an extension of the current deadline is warranted – possibly to a date following announcement of FCC certification of CAP-compliant equipment. NOTE: the deadline for such compliance is still September 30, 2011, at least for the time being. If you think that that deadline should be extended, you should feel free to let the FCC know in response to the 3rd FNPRM.

And speaking of comments in response to the 3rd FNPM, heads up: the deadline for those comments has just been announced. Comments are due no later than July 20, 2011; replies are due by August 4.
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FCC Doffs CAP Requirement . . . For Six Months, At Least

Posted on November 23, 2010 by Harry Cole

Commission persuades itself that waiver of the original deadline is warranted.

With Thanksgiving less than 36 hours away, the Commission has given us all something to be thankful for: it has extended until September 30, 2011, the deadline for all EAS participants to implement the Common Alerting Protocol (CAP) reception requirement. As we reported last month, that deadline originally fell on March 29, 2011, which would have given all affected parties precious little time to make the necessary arrangements. The additional six months provides some breathing room – but whether it will be enough remains to be seen. If you have questions about the CAP requirement, check out our posts from last month and from last April for background and related links.

Interestingly, the Commission says that it is waiving the March 29, 2011 deadline “on its own motion”. That’s interesting because not only had a bunch of folks questioned the adequacy of the original deadline months ago, but a petition specifically seeking extension of the deadline was filed in October.

The initial deadline had been set back (in non-date-specific terms) in 2007, when the Commission adopted new EAS rules, including the CAP reception requirement. The FCC specified back then that the CAP reception requirement would become effective 180 days after FEMA’s adoption of CAP, whenever that might occur. Late last year, FEMA announced that it planned to adopt a version of CAP as early as the third quarter of 2010. In anticipation of FEMA adoption, the FCC asked (in March, 2010) for comments on how the FCC’s rules might need to be revised to accommodate any FEMA-adopted CAP requirements. In response, pretty much everybody and his little brother told the Commission that 180 days wouldn’t be enough time. As summarized by the Commission, the commenters said that

a 180-day cycle does not comport with vendors’ and EAS Participants’ budgeting schedules and, moreover, is insufficient given the relatively small number of manufacturing companies versus the large number of EAS Participants, the need for customer testing and approval (which alone may take more than 180 days), insufficient guidance regarding whether the FCC would require certification of CAP-compliant equipment, FEMA’s recently announced conformance testing of such equipment, uncertainty regarding encoder/decoder reactions to an EAN (the national alert event code), and a lack of provision for unforeseen events.

And shortly after FEMA finally announced its own new standards in September, an impressive impressive array of broadcast and cable interests (including, among others, the NAB, the NCTA, 46 state broadcast associations, NPR, PBS) expressly petitioned for a six-month (or more) extension of the 180-day deadline for essentially the same reasons.

So it’s passing strange that the Commission is bothering to claim that it is now acting “on its own motion”, given the fact that the likely inadequacy of the initial deadline had been raised by multiple parties very early on. But be that as it may, the fact is that implementation of the CAP reception requirement has now been put off until September 30, 2011.

Note that, in its order, the Commission acknowledges that it still has some work of its own to do here: it plans to issue a notice of proposed rulemaking involving a “comprehensive review of the impact of CAP” on the EAS. That, obviously, could have an impact on issues relating to compliance with the CAP reception requirement. And while the Commission, maintaining that good stiff bureaucratic upper lip, advises that it doesn’t contemplate any further waivers of the CAP rules beyond September 30, 2011, it still hedges by assuring one and all that it reserves the right to further extend the deadline if it feels like it.

Happy Thanksgiving.
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EAS Update: CAP Conversion Countdown Commenced

Posted on October 7, 2010 by Denise Branson

EAS participants now have 180 days to prepare for CAP-based EAS alerts

That muffled noise you might have heard in the distance last week was the starting gun in the race to comply with new Emergency Alert System (EAS) standards announced by the Federal Emergency Management Agency (FEMA). With FEMA’s September 30 announcement of the applicable Common Alerting Protocol (CAP) standards, all EAS participants now have 180 days to prepare themselves to accept CAP-based EAS alerts.

There’s something of a handicap for the racers, though: the FCC still hasn’t amended its own rules to provide for CAP-based emergency messaging.

Our colleague Davina Sashkin saw all this coming last Spring, when she reported on an inquiry issued by the Public Safety and Homeland Security Bureau (PSHSB). The Commission itself had, back in 2007, announced that all EAS participants would have to get on board the CAP train within 180 days of FEMA’s announcement of the applicable CAP standards. Aware that FEMA was looking to make that announcement as early as third quarter of 2010, last March the PSHSB sought comments on how the FCC’s EAS rules would have to be modified to accommodate new CAP standards. (According to a quick check at ECFS, a relatively small handful of commenters responded to PSHSB’s invite.)

But since then, we have heard nothing from the Commission in the way of a formal proposal for amended rules to address the conversion to a CAP system.

(Still unsure what that CAP thing is? CAP is “an open, interoperable, data interchange format for collecting and distributing all-hazard safety notifications and emergency warnings to multiple information networks, public safety alerting systems, and personal communications devices.”  It’s part of the federal government’s deployment of the Integrated Public Alert and Warning System (IPAWS), the goal of which is to allow governmental officials (FEMA, the National Weather Service, State Governors, etc.) to get the word out to the public about emergency situations as efficiently and comprehensively as possible through as many communications devices as possible (think radio, TV, cellphone, text, computer, etc.) The CAP system will also enable alerts specifically formatted for people with disabilities and non-English speakers.)

In any event, the PSHSB initiated its informal proceeding in March because it couldn’t start revising its own rules until FEMA set the ball in play by formally adopting CAP technical standards.  

Well, the ball is in play, so be on the look-out for some fast action on the Commission’s end.

FEMA got the ball rolling with its September 30 announcement of the adoption of a new CAP standard. This gives all EAS participants until March 29, 2011, to become prepared to accept CAP-based EAS alerts. FEMA’s September 30 announcement indicates the FEMA has adopted the Organization for the Advancement of Structured Information Standards (OASIS) Common Alerting Protocol (CAP) v1.2 Standard (OASIS CAP Standard v1.2). It also alludes to a CAP to EAS Implementation Guide that might shed some light on things.

As CAP is designed to cross all technical boundaries, everyone from broadcasters to cellular phone operators to MVPD providers should be on the lookout for a fast-tracked (in light of the ticking clock) Notice of Proposed Rule Making (NPRM).

Some issues we might expect the NPRM to consider:

  • Whether the FCC should eliminate locally delivered test scripts for EAN (Emergency Action Notification), EAS, and the EAS Handbook
  • Whether national activation with the EOM code should be eliminated
  • Whether to update broadcast EAS rules
  • Who should be responsible for translating alerts into multiple languages
  • Whether a nationwide training program should be instituted for crafting and implementing EAS messages
  • Should the “selective override” issue for cable operators be revisited

And an obvious practical question looming over all this will be whether the 180-day deadline should be extended to give affected players – including, but not limited to, the FCC itself – a bit more time in which to get their act together. It is far from clear, for example, that equipment manufacturers will be able to (a) get their gear modified to conform to whatever new standards the FCC may adopt, and then (b) get the FCC to bless the modified gear, and then (c) get it out in the marketplace before the current deadline, now less than 180 days away. And once that equipment is available in the market, broadcasters, MVPDs, cellphone companies, etc., etc. will all have to buy and install it. Whether that process can be completed before March 29, 2011, is far from clear.
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Planning Starts For EAS - The Next Generation

Posted on April 17, 2010 by Davina Sashkin

PSHSB invites comments on EAS overhaul to accommodate CAP-based system

Attention, anyone interested in the Emergency Alert System (EAS) – and that would include current EAS participants as well as wannabes. The Next Generation of EAS is in the works – and now’s your chance to influence it. The Public Safety and Homeland Security Bureau (PSHSB) has invited comments on possible changes to any or all of Part 11 of the Commission’s Rules. This invitation comes in anticipation of a rewrite of the EAS rules which will be necessary to accommodate the Common Alerting Protocol (CAP) standard.

CAP standard? Surely you remember back in 2007, when the FCC notified all EAS participants that they must be prepared to accept CAP-based EAS alerts 180 days after FEMA publishes the applicable CAP technical standards.  FEMA recently announced its intention to publish those standards as soon as the third quarter of 2010, so time is now of the essence for the FCC to get all of its EAS ducks in a row.

So what is this CAP thing, really?

 According to the FCC, CAP is as “an open, interoperable, data interchange format for collecting and distributing all-hazard safety notifications and emergency warnings to multiple information networks, public safety alerting systems, and personal communications devices.”  It’s part of the federal government’s deployment of the Integrated Public Alert and Warning System (IPAWS). The goal of IPAWS is to allow officials who have to respond to emergencies – think FEMA, the National Weather Service, State Governors, other public safety officials –to get the word out to the public about emergency situations as efficiently and comprehensively as possible. In the old days, such officials generally had to rely on the broadcast EAS system. Now, in addition to EAS, the CAP approach will ideally enable them to send a single, geo-targeted alert simultaneously across multiple platforms, including cellular, internet, satellite and cable television providers.  Instantaneous, ubiquitous notification to everybody, anywhere. The CAP approach will even enable special formatting of alerts for non-English speakers and persons with disabilities.

In other words, it’s EAS all grown up for the digital age.

Unlike many of the FCC’s efforts in the traditional silo model, the new EAS systems are intended to cross technological boundaries and, thus, impact everyone from broadcasters to cellular phone operators to MVPD providers. Commercial television broadcasters are already required (by the 2006 WARN Act) to incorporate CAP-enabled EAS equipment as part of their digital transition (a requirement the FCC later clarified extended to digital NCE TV stations).  There is at present no similar obligation for radio stations, but it’s reasonable to assume that a requirement is in the works.  We encourage radio operators in particular to participate in the molding of new EAS rules: since it seems an odds-on mortal lock that radio operators will be looking at significant changes in their EAS obligations, it only makes sense that they should be involved in the planning of those changes as early in the process as possible. Cellular providers participating in the Commercial Mobile Alert System (CMAS) likewise should embrace the opportunity to shape rules which have never before been applicable to the industry.

The PSHSB invitation for comments casts a very wide net. Essentially, it asks for any and all suggestions about how any aspect of the EAS rules might be modified in connection with the shift to a CAP-based alerting approach. Interestingly, the PSHSB is not a formal notice of proposed rulemaking (NPRM) (even though a fine print reference in the Federal Register version might suggest otherwise). That’s because the Commission is not now in a position to make any concrete proposals about its own rules – and won’t be in such a position until FEMA gets the ball rolling by formally adopting CAP standards. Once FEMA’s standards are in place, the FCC (and other agencies) will have to hustle to overhaul their systems to assure that they can interact and interconnect with the CAP system. That’s when we can expect to see an extensive and detailed NPRM.

And when that happens, we can expect the rulemaking to be expedited to the max. The new CAP-friendly EAS system is targeted to be in place – with all industry participants able to accept CAP-based alerts –  within 180 days of the formal publication of FEMA’s CAP technical standards. And for the FCC – an agency not known for its ability to make quick decisions – the 180-day deadline can be expected to be a challenge, especially since the precise starting date won’t be known until FEMA gets around to publishing its standards. But since FEMA has indicated that that could happen sometime from July-September, the FCC can at least start pulling together some preliminary thoughts now. And that’s the process the PSHSB invitation is designed to get rolling.

Comments are due May 17, 2010; reply comments are due June 14, 2010. Please contact us if you would like assistance in submitting comments.
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FCC Introduces New EAS Rules

Posted on June 2, 2007 by Harry Cole

The Commission has adopted new rules designed to modernize the Emergency Alert System (EAS).  While the full text of the FCC's decision has yet to be released, in a public notice (http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273458A1.pdf) the Commission makes clear that all EAS participants will be required to accept messages using the Common Alerting Protocol (CAP).
 
As described by the Commission back in 2004, when it first proposed upgrading the EAS, the CAP is a "standardized, non-proprietary, data interchange format that simultaneously disseminates consistent all-hazard emergency alerts or public warning messages over different kinds of communications networks and systems."  The idea is to have a standardized emergency alert so that the agency or individual issuing an alert need issue only a single alert which can then be received and processed by the widest variety of media (including, but not limited to, EAS participants) for re-transmission to their respective audiences.

While the CAP requirement may entail costs for EAS participants needing to upgrade their facilities, there is not likely to be any immediate hurry on that front.  The FCC's requirement will not kick in until 180 days after FEMA announces its adoption of standards.  So even if FEMA were to adopt such standards as of June 1, compliance with the FCC CAP requirement would not be necessary until late this year.
 
In addition to the CAP requirement the new rules require EAS participants to transmit state and locally targeted EAS alerts originated by governors or their designees.  (The Commission is also considering whether that requirement should be extended to alerts issued by local, county, tribal or other state governmental entities.)
 
The FCC is also looking at other EAS enhancements to improve the provision of emergency notifications to the disabled and to non-English speakers.  And to make sure that the whole system is working as designed, the Commission may require additional equipment testing, station certification and/or post hoc assessments of EAS effectiveness following alerts.  The Commission's decision included a second notice of proposed rule making addressing these various proposals.
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