Posted on November 13, 2011 by David Oxenford

Assessing Results of the Nationwide EAS Test - More Forms, Calls for Internet Alerts

Now that we've completed last week's first-ever Nationwide test of the EAS system, designed to alert Americans in the event of an emergency, the FCC is in the process of collecting information about the successes and failures of the test, through the submissions of participants.  Forms reporting on the results of the test are due by December 27.  At the same time, there has been at least one Congressional call for an expansion of the system in order to provide alerts not only by broadcast, cable and direct broadcast satellite systems, but also through on-line social networking communications tools. 

According to press reports (see, e.g. this article from the NY Times), the nationwide test uncovered many shortcomings in the system, as many broadcast stations (including all stations in two states) never received the alerts from the station that they were monitoring, in some cases because the message was never delivered to primary stations which were supposed to start the relay of the message to other stations along the daisy-chain system that is supposed to be in place.  Cable and satellite also had many problems.  Despite the fact that there may have been issues at your station or in your area, all participants should report on how their facilities fared in the test.  The FCC will take this information to assess what needs to be done to repair the problems that were witnesses.  The necessary Forms to report on the results of the test are available on the FCC's website.  In adopting the rules for the test, the FCC stated that it was not intending that the reporting system be a way to punish stations whose facilities did not receive or transmit the test, but instead to be a diagnostic tool to determine whether or not the system worked.  So the failure to file the forms to report on the success of the test on your stations is much more likely to bring an FCC enforcement action against your station than is reporting that, for one reason or another, the test did not work.  These forms are due on December 27.

Even before the test was conducted, Maine Senator Susan Collins issued a statement calling for FEMA (the Federal Emergency Management Agency) to extend EAS into new technologies, including online social media, so that alerts will reach all people, even those assessing Facebook or Twitter during an emergency, so that everyone gets alerts, whether or not they are tuning into traditional media outlets.  Mobile operators are already supposed to be brought into the EAS network, but Collins' bill seems to be looking for an even wider distribution of messages to online services.

No doubt, the results of the test will be assessed in coming months, and given the breakdowns in the system, further tests are sure to be conducted.  Whether these tests will occur before or after the introduction of the IP-based CAP (Common Alert Protocol) system to provide more robust alerts to the traditional media (now scheduled for June 30, 2012) remains to be seen.  As we have written before, CAP will augment, not replace, the current daisy-chain system.  So the problems discovered by this test will still need to be resolved. With the issues that were discovered, there can be no doubt that broadcasters and other media outlets - quite possibly including on-line media outlets - will hear more about EAS obligations in the near future. 
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Posted on September 16, 2011 by Brendan Holland

FCC Extends Deadline for Emergency Alert System (EAS) CAP Compliance Until June 30, 2012

The FCC today announced that it is extending the deadline for participants to comply with the new EAS CAP (Common Alerting Protocol) rules until June 30, 2012.  The deadline had previously been set for just two weeks from now, September 30th; however, in light of the fact that the FCC had yet to finalize all of the new EAS CAP rules, it decided to extend the deadline until next June.  Thus, according to today's Order, available here, EAS participants will be required to be able to receive CAP-formatted EAS alerts no later than June 30, 2012.  Such an extension had been widely supported by EAS participants and commenters in the current EAS CAP rule making proceeding.  The FCC expects to adopt the CAP-based revisions to its Emergency Alert System rules in a subsequent order, and it expects those new rules to be out sufficiently in advance of the June 30, 2012 deadline in order to allow EAS participants ample time to come into compliance with those new rules. 

In addition, the Commission's Order urges EAS participants that have purchased or are considering purchasing any type of EAS equipment to verify with the manufacturer or vendor that the equipment fully complies with the FCC rules.  As the FCC has yet to rule on many issues related to the use of intermediary devices -- i.e., devices that connect in some fashion with previously certified EAS equipment to allow receipt of CAP-formatted alerts -- including whether such intermediary equipment must be certified under the FCC's rules or whether they fully satisfy the new CAP requirements, it is not clear whether such intermediary devices will ultimately satisfy all elements of the Commission's new EAS CAP rules.  So until the FCC issues its subsequent Report and Order addressing such issues, buyer beware.  See our earlier postings here for more information about the new EAS CAP rules. 

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Posted on August 25, 2011 by David Oxenford

Hurricanes and Earthquakes - Emergency Communications In the Spotlight With CAP Conversion and National EAS Test Coming Soon (Though, For CAP, Maybe Not As Soon As We Thought)

There has been much focus on emergency communications recently, with the East Coast earthquake re-igniting the debate over FM-enabled mobile phones, and with Hurricane Irene forcing stations to gear up for emergency coverage in the coming days.  But even without these unusual events, the emergency communications world has been much in the news, given the current requirement for broadcast stations to be ready for the new Common Alerting Protocol ("CAP"), an Internet-based alerting system, by the end of September, and with the first-ever test of the National EAS system scheduled for November.  The CAP conversion date has recently been the subject of debate in a number of FCC filings - and there seems like a good chance that the September 30 deadline will be delayed - if for no other reason than the fact that the FCC has yet to adopt final rules for the equipment required for such compliance.  The National Test, however, should go on as scheduled.  More on all of these subjects below.

First, the coming hurricane should prompt stations to be ready for potential emergency operations.  The FCC in the past has publicized its Disaster Information Reporting System (DIRS).  Stations can voluntarily register with DIRS to give the FCC a contact person to assess damage after the storm, and to notify the FCC of the need for any aide that the Commission might be able to provide.  During the aftermath of Hurricane Katrina, I was personally involved in discussions with FCC personnel who coordinated with other government agencies to get clearance for diesel tanker trucks to gain access to restricted area to deliver fuel to a client's radio station that was still operational (on generator power) providing emergency information to Mississippi's Gulf Coast. The FCC personnel can be of great assistance in such situations, so DIRS registrations may be worth considering.  The FCC's website also provides helpful information about planning for disaster recovery  and about hurricanes specifically.  FCC emergency contact information is also on their site.

In thinking about emergencies, TV stations need to remember the requirements that they visually provide any information about an immediate emergency threatening discreet groups of viewers.  In the heat of the moment, when rushing to get out information about a tornado that could be spun out of a storm or some other imminent catastrophe, station personnel may not think about their obligation to provide information visually to those who have a hearing impairment.  But, whether through the use of captioning or even a white board, if you are telling viewers in a given area to take cover or any other specific action, or warning them about a specific threat to their safety - provide that information visually as well.  For the visually impaired, you need to run an audible tone before any video-only caption that you may be running to provide an alert that emergency information is about to run.  There are well-organized citizen's groups who have been known to file complaints about stations who do not provide such information - so remember to provide it to avoid facing an FCC penalty because you did good work, but forgot to make sure that your good information was available to all segments of your audience.

Should there be damage to station facilities, the FCC is also good about giving temporary authority to stations to operate with emergency equipment or from unlicensed locations or with a different power than licensed.  Look for other FCC emergency information to be publicized soon if Irene continues on her current track.

In the longer term, there are two notable events upcoming for the EAS system. The first is the conversion to CAP, delayed last year until September 30 of this year.  However, as we wrote earlier this summer, the FCC is still considering specific rules governing the CAP system, and that proceeding raises a number of issues.  One big issue for many rural stations has been the fact that the system needs an always-on, high-speed Internet connection to work - and some stations do not have access to such connections.  Reply comments in that proceeding were only submitted at the beginning of this month, so the Commission has not yet completed its review of the issues.  Because there are no rules, a number of broadcast groups have asked for a 180 day extension of the deadline. Even FEMA (the Federal Emergency Management Agency, which is developing the alerting system) has suggested that the FCC not penalize until early next year any station that is not fully CAP compliant.  Only some equipment manufacturers have suggested that the September deadline be kept in place.  We would look for some word from the FCC soon, and if we would have to bet, we'd expect to see some extension of the deadline in the cards (though one never knows for sure...)

The first nationwide test of the EAS system is also on the horizon - scheduled for November 9.  This is not a test of the CAP system, but will use the traditional "daisy chain" alert that is passed from one station to another (a system that will remain in place after CAP implementation to provide redundancy in the system).  The FCC just published more information about this test.  Many states will be testing their systems before the nationwide test to ensure that systems are fully operational. Check your station's facilities now, as there will be a post-test report filed with the FCC by all stations, and you don't want to be a station that has to report that an avoidable problem that made your station miss the test. 

Finally, there is the debate about whether mobile phones should be enabled to receive broadcast signals, especially in the time of emergency.  The NAB has made much of the fact that cell phone reception in areas affected by this week's earthquake were tied up for some time, while broadcasters were able to get information out to the public. Broadcasting obviously is designed to get a single message out to a mass audience, rather than to provide the one-to-one communication of a phone or even an IP-based system.  Any attempt to require phones to legislatively mandate enabled FM chips in mobile devices is likely to continue to be vociferously opposed by the wireless and consumer electronics industries.  But, as in the case of the earthquake, broadcasters (and Federal emergency managers - see the video here) should continue to get the word out of the importance of broadcasting in emergencies - so that consumer demand can drive the adoption of enabled radios in mobile devices. 
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Posted on June 20, 2011 by Brendan Holland

FCC Rule Making Suggesting Changes to EAS Rules has been Published in the Federal Register; Deadline for Comments is July 20

The FCC’s recent Notice of Proposed Rule Making outlining changes to the FCC's Part 11 Rules governing the Emergency Alert System ("EAS") was published in the Federal Register today.  Today's publication establishes the timing for submitting Comments in this proceeding.  Comments will be due by July 20, with Reply Comments due by August 4th.  By its Third Further Notice of Proposed Rulemaking, released on May 26, 2011 (“NPRM”), the Commission suggested changes to its EAS rules intended to integrate Common Alerting Protocol or "CAP" based alert messaging into the existing EAS while laying the foundation for transitioning to next generation alert mechanisms. The current "SAME" protocol ("Specific Area Message Encoding") will continue to be used.  But CAP messaging, which allows for more information to be conveyed with each alert, would be overlaid on the system.  CAP is an IP based system, with messages delivered to stations by the Internet, and then converted into SAME for broadcast by the participating stations. 

Please see our longer article from last week, which can be found here, discussing in detail the specific questions raised by the Commission's NPRM.  In addition, David Oxenford recently participated in a Town Hall Webinar on EAS and CAP issues, that was held on Thursday, June 16, 2011, sponsored by the National Alliance of State Broadcast Associations and the NAB.  More information about the webinar can be found here, including an archived copy of the June 16th Town Hall Webinar, which should be available shortly. 

Parties interested in filing comments with the Commission should gather their thoughts as the clock is now ticking.  Comments can be filed with the Commission in paper, or electronically via the Electronic Comment Filing System. 

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Posted on June 13, 2011 by David Oxenford

Updates on EAS - A Nationwide Test, and Lots of Questions About CAP Implementation Including Whether More Time is Needed

The date for a nationwide test of the Emergency Alert System ("EAS") was announced by the FCC last week, at the same meeting at which the Future of Media report was delivered.  The first ever national test of EAS will occur at 2 PM EST on November 9, 2011. As we wrote in February, the FCC amended its rules to provide for a nationwide test, in addition to the weekly and monthly tests that are already part of the FCC rules.  The nationwide test is to assess the reliability and effectiveness of EAS in being able to convey to the public a Presidential alert.  This test comes at the same time as the FCC has issued a Notice of Proposed Rulemaking to consider amendments to its rules to provide for the conversion to a new method of disseminating EAS alerts - using the Common Alert Protocol (CAP) which is IP based, rather than reliant on the daisy chain over-the-air system that has been used for so long.  One question is whether the deadline for CAP implementation, presently set for September 30, should be extended.  Thoughts about the test and the FCC proposals for CAP implementation are set out below. 

The Nationwide test, even though it will not use the CAP system (which in and of itself may show that the Commission has already recognized that the September 30 CAP implementation deadline will be extended), is still very important for broadcasters.  The FCC, in coordination with the Federal Emergency Management Agency ("FEMA"), will use the results of the test to determine what problems exist in the EAS system and what improvements are necessary to ensure that the EAS functions as a robust public warning system.  As broadcasters in recent years have highlighted their participation in EAS, and the important role that it plays in alerting communities to emergency situations, in connection with many initiatives (including the push to put FM chips in cell phones), broadcasters want to make sure that their performance during the upcoming test will be up to the level that the FCC expects. As all EAS participants will have to report to the FCC on the results of the test, all participants should use the period between now and November to assure that their systems are working and ready to fulfill their obligations under the rules. No broadcaster, cable system or other participant wants to be in the position of having to report to the FCC that their equipment was malfunctioning on the date of the test. And, certainly, no participant wants to forget to file the necessary report when due.

The FCC itself has suggested that various trade associations representing EAS participants work with their members to assure that they are ready for the test. Participants in state plans should also review those plans to make sure that they have been updated to take into any changes that may have occurred since the plan was written, including, for instance, facilities changes in broadcast stations or stations signing off the air. Any daisy chain is only as effective as its weakest link.  This test will be important, so make sure that all is working well.

CAP Implementation Rulemaking

The FCC’s announcement regarding the national EAS test date comes on the heels of the FCC’s Third Further Notice of Proposed Rulemaking, which was released on May 26, 2011 (“NPRM”).   In the NPRM, the FCC outlined a number of proposed changes to its Part 11 rules governing the EAS. These changes are intended to integrate CAP based alert messaging into the existing EAS while laying the foundation for transitioning to next generation alert mechanisms. The current "SAME" protocol (Specific Area Message Encoding")  will continue to be used.  But CAP messaging, which allows for more information to be conveyed with each alert, would be overlaid on the system.  CAP is an IP based system, with messages delivered to stations by the Internet, and then converted into SAME for broadcast by the participating stations.  The many questions asked by the Commission include  fundamental issues about receiver design and the specifics of the CAP implementation process - questions that are so basic that one wonders how the FCC could ever mandate that the conversion be complete by September 30.  The Commission also asks questions about the implementation of a recent decision to require that governors be allowed to issue EAS alerts, if the governors are acting pursuant to a state EAS plan that has been approved by the FCC.  Questions posed by the NPRM include:

  • Whether the FCC's proposal to implement CAP now, while still retaining the over-the-air SAME protocol until a Next Generation EAS architecture is rolled out, is a good idea, and what the costs and benefits of this plan are
  • Specific methodologies for converting CAP encoded messages for delivery by the SAME system - including questions of whether there can be separate boxes for the conversion of CAP into SAME and the delivery of the SAME messages by the stations over-the-air, or whether there needs to be an integrated box
  • Other questions about the specific design of the CAP box
  • What should the CAP receivers at each station should be monitoring to receive their alerts?
  • Should there be a time table for conversion to a Next Generation of EAS when such a system is adopted by FEMA?
  • Should the FCC have to certify all CAP decoders, even though they do not themselves feed broadcast signals, but are instead converted into the SAME protocol for broadcast?  If so, what standards should be used?
  • How to include governor's alerts into the new CAP EAS system, and into the SAME system as well.  These questions include questions of priority between governor's messages and those that come from other sources, how to deal with nonparticipating EAS stations when dealing with state alerts, what to do with stations serving multiple states, etc.
  • Should local and tribal authorities have the ability to initiate EAS alerts?

With these critical issues still to be decided, the FCC also asks whether to extend or modify the current September 30, 2011 deadline for CAP-compliance.   Questions about the extension include:

  • Should implementation wait for the various certifications that need to take place?
  • How long will the certification process take, and how quickly can receivers be produced and installed once certification is complete?
  • Are there special implementation issues for rural stations that may not have reliable Internet access at their stations from which they could receive the CAP alerts?
  • What are the costs and benefits of delay?

The FCC will open a public comment period regarding these issues and the proposed changes to Part 11 once they are published in the Federal Register.

I will be a panelist on Town Hall Webinar on these issues, to be held on Thursday, June 16, 2011, sponsored by the National Alliance of State Broadcast Associations and the NAB.  For more information about the webinar, you can check here.
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Posted on November 23, 2010 by David Oxenford

FCC Extends Deadline to September 30, 2011 for EAS Participants to Be Able to Receive CAP Formatted Alerts

At the urging of virtually the entire broadcast and cable industry, as well as the communications engineering community, the FCC today granted an extension of time for broadcasters and other EAS participants to come into compliance with the new CAP reception requirements - putting off the need for compliance until September 30, 2011.  CAP (the Common Alerting Protocol) is a new format to be used for collecting and distributing emergency communications alerts to all communications platforms.  The FCC, when it adopted CAP, mandated compliance within 180 days of the publication of technical standards for the CAP-formatted alerts by FEMA (the Federal Emergency Management Agency).  Those standards were published on September 30, 2010.  Immediately, questions arose about whether the entire communications industry could be ready to make the transition within that 180 day period (see our post here raising those questions after the FEMA adoption).

Specifically, there were questions about the ability of all the EAS participants being able to budget for the purchase of the equipment and to make those purchases and to then install the new equipment within the specified period.   But more fundamentally, there were questions of whether there was even equipment ready to be deployed, as there was an issue as to whether FEMA and the FCC had to first certify CAP-enabled equipment, before it could be sold.  Those questions remain unresolved.  In today's order, the FCC, while stating that it does not anticipate a further extension of the deadline, does state that it will initiate a rulemaking to determine if CAP equipment must be certified under Part 11 of the Commission's rules.  As part of that rulemaking, the Commission will seek comment on whether this extension is sufficient to give all EAS participants time to make the change.  As the FCC repeatedly states that it does not intend any further extensions of the deadline, don't count on more delays.  But watch this proceeding as, while the Commission states that they intend to complete the process before the new deadline, unanticipated delays could conceivably further extend the mandatory adoption date. 

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Posted on September 30, 2010 by Brendan Holland

FEMA Adopts Digital Message Format for EAS CAP Standard, Triggering 180-Day Clock for Compliance

This afternoon, FEMA (Federal Emergency Management Agency) adopted the new digital message format for the Common Alerting Protocol (CAP) standard.  The adoption of this message format is the next step in the implementation of Integrated Public Alert and Warning System (IPAWS), which expands the traditional Emergency Alert System used by radio and television to other communications devices, such as mobile phones and personal computers.  In the words of the FEMA news release issued today:  "This open standard will enable alert messages to be easily composed by emergency management officials for communication with citizens using a much broader set of devices to reach as many people as possible."

More importantly for broadcasters, the adoption of this digital message format triggers the clock for updating their EAS equipment to ensure that it is able to handle the new Common Alerting Protocol.  As we wrote about earlier, as part of an EAS Order adopted by the FCC back in 2007, the Commission mandated that all EAS participants -- which includes radio, television, and cable -- must accept CAP-based EAS alerts within 180 days after the date on which FEMA publishes the applicable technical standards for CAP.  Thus, with FEMA's adoption of the CAP messaging standard today it would appear that the 180-day clock has been triggered and the countdown for broadcast stations to acquire CAPS-compliant EAS equipment has begun.  I say "it would appear" because it is a bit unclear whether the 180-day clock is triggered instantaneously by the release of FEMA's notice.  Trade press this evening is reporting that the FCC has confirmed that the clock has indeed been triggered and is counting down, but no official notice has been released yet by the FCC.  Readers will recall that that the Commission is still in the midst of a proceeding to adopt revisions to its EAS rules to facilitate the CAP standard.  In addition, several parties commenting in the EAS proceeding requested an extension or tolling of the 180-day clock in order to allow broadcast stations more time to acquire the necessary equipment and to allow equipment manufacturers more lead time to meet the demand for new equipment brought about by the rule changes.  In comments today at the NAB/RAB Radio Show today, FCC staff members acknowledged that several requests for extension of time had been made and were being considered along with the comments filed in the proceeding.  We will update this post with further information if and when the FCC releases a Public Notice regarding the 180-day clock, but in the meantime broadcasters should operate under the premise that the 180-day clock is now ticking and start making plans to ensure that they have CAP-compliant EAS equipment in place within 180 days from today. 

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Posted on April 17, 2010 by Brendan Holland

Comments Regarding Possible Revisions to FCC's Emergency Alert System (EAS) Rules due May 17

With the recent April 15th publication of an FCC Public Notice in the Federal Register, the due date for Comments regarding possible revisions to the FCC's Emergency Alert System (EAS) rules has been set at May 17th, with Reply Comments due by June 14.  By this recent Public Notice, the Commission has requested  informal comments regarding revisions to its EAS rules in connection with the forthcoming adoption of the Common Alerting Protocol (CAP) by the Federal Emergency Management Agency (FEMA).  So what, you might ask, is “CAP”? 

CAP stands for “Common Alerting Protocol” and is the next-generation protocol for distributing emergency warnings and safety notifications.  In technical jargon it 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.” In layman’s terms, it will allow FEMA, the National Weather Service, a state Governor, or others authorized to initiate public alert systems to automatically format and even target a specific geographic area and simultaneously alert the public using multiple media platforms including broadcast television, radio, cable, cell phones, and electronic highway signs. CAP will also allow for alerts specifically formatted for people with disabilities and for non-English speakers.

As part of an EAS Order adopted by the FCC back in 2007, the Commission mandated that all EAS participants -- which would include radio, television, and cable -- must accept CAP-based EAS alerts within 180 days after the date on which FEMA publishes the applicable technical standards for CAP.  According to the FCC, FEMA has recently announced its intention to adopt a version of CAP as early as the third quarter of 2010, which would in turn trigger the Commission’s 180-day requirement.  Given that the Commission’s current EAS rules pre-date the concept of Common Alerting Protocol, the existing EAS rules will likely need significant revision or even replacement once CAP is adopted and implemented. 

Accordingly, in light of the short time frame following FEMA's adoption of the CAP standard, and order to get ahead of any rulemaking that may be necessary to update its rules, on March 25th the FCC’s Public Safety and Homeland Security Bureau issued a Public Notice seeking informal comments regarding what, if any, changes might be necessary to the FCC's EAS Rules in order to accommodate the introduction of CAP.  The FCC has asked that commenters specifically identify the existing rules that need to be modified or deleted, and to suggest new rules for EAS system architecture, equipment requirements, organization, operations, testing, access for people with disabilities and non-English speakers, etc.  More detailed information regarding the specific questions the Public Safety and Homeland Security Bureau has asked and the information it is hoping to gain from commenters is available in the FCC’s recent Public Notice, which is available here.

Parties interested in commenting have until May 17th to do so, and Reply Comments are due by June 14th.  Commenters should be sure to reference the subject public notice and EB Docket No. 04-296.  Comments can be filed either via ECFS, the the Federal Government’s eRulemaking Portal, or in paper with the FCC.  Given the impact on broadcasters, we'll continue to follow this issue and report on any changes to the EAS rules as the FCC and FEMA conduct their respective proceedings. 
 
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