The United States Court of Appeals yesterday issued an order denying the appeal of an FCC order that rejected a requirement that multilingual EAS alerts be provided in every market. We wrote about the FCC’s proceeding here and here. The Court upheld the FCC’s decision as reasonable, finding that the Commission did not have enough evidence to determine how such alerts should be implemented on a nationwide basis, and noting that the FCC was still reviewing whether to adopt requirements that broadcasters provide alerts in languages other than English in the future. That decision should serve as a reminder that in the FCC order rejecting the call to mandate multilingual EAS alerts in all markets, the Commission did call for broadcasters to supply more information – information that is due in early November.
In 2016, when the FCC rejected the imposition of multilingual EAS alerts, they imposed an obligation on broadcast stations to report to their State Emergency Coordinating Committees (“SECC”) information about what the stations are doing to implement multilingual EAS – including a description of any plans they have to implement such alerts in the future, and whether or not there are significant populations of non-English speaking groups in their communities that would need such alerts. We wrote about that obligation here. The one year deadline would seem to be November 3, one year after the FCC’s order was published in the Federal Register (though an FCC small-business compliance guide summarizing the obligations, released in August, available here, states on the top of page 3 that the deadline is November 6). In any event, given the Court’s decision relying on the FCC gathering information about the provision of emergency alerts to non-English speaking communities, it is important that stations provide their SECCs by early November. The FCC’s Small Business Compliance Guide is a good summary of what is required.
Yesterday’s Court decision was a 2-1 decision, with a dissenting judge finding that the FCC already had asked for information about multilingual EAS alerts several times, and did not get it. The dissenting judge thought that the Court should have found that the FCC was unreasonable in once again saying that they were looking for more information with no guarantee that they would receive that information. This dissent highlights the importance that seems to be placed on the upcoming submission of this information to state EAS committees.
Broadcasters need to find out who heads their SECC, and get them the information about multilingual EAS alerts in the next few weeks, so that the SECCs can review their state EAS plans and, where necessary, make changes by next May based on the information in the November reporting, so that broadcasters can better serve non-English speaking populations with emergency alerts.