You will find more information about the items on the December meeting agenda after the break:

Improving Accessibility and Clarity of Emergency Alerts - The EAS NPRM would propose rules to improve the accessibility and clarity of visual messages distributed to the public through the EAS, which advises the public of emergency alerts issued by government entities. The EAS is comprised of a legacy broadcast system that can only relay audio messages and an internet-based Common Alerting Protocol (“CAP”) system that can relay audio, text and visual messages. Due to the fact that alert initiators using the legacy EAS have some discretion regarding the content of the alert message while EAS participants that use video (such as broadcast or cable television operators) must rely on codes embedded in alerts to create a visual message (usually text), the audio and visual messages associated with the alerts may not match. To improve the clarity of EAS test messages, the EAS NPRM would propose the use of the following script as the visual message for all legacy EAS nationwide tests: “This is a nationwide test of the Emergency Alert System issued by the Federal Emergency Management Agency covering the United States from [time] until [time]. This is only a test. No action is required by the public.” For EAS participants that receive an alert from the CAP system, the FCC would propose to change the nationwide EAS test event code that alert initiators include in the alerts so that the following language is displayed in all visual messages: “Nationwide Test of the Emergency Alert System.” The EAS NPRM would also seek comment on how the legacy EAS can be improved to enable alert originators to relay visual text that matches the audio message and how the EAS can be modified to support greater functionality and accessibility.

Facilitating Satellite Broadband Competition – The Satellite Spectrum Sharing NPRM would grant a petition for rulemaking from SpaceX requesting revisions to the spectrum sharing requirements among NGSO FSS systems. The FCC considers applications for NGSO FSS system licenses, which are used to provide broadband services, in groups based on filing date under a processing round procedure. All NGSO FSS system operators within a processing round that are granted a license must comply with the FCC’s spectrum sharing rules and coordinate with each other in good faith to use commonly authorized frequencies. If the NGSO FSS system operators in a processing round are unable to come to a coordination agreement, then a default spectrum-splitting procedure applies. The Satellite NPRM would propose that the spectrum sharing requirement only be applicable to NGSO FSS systems approved in the same processing round. The FCC would seek comment on a rule that would protect systems processed in an earlier round from being subjected to a certain level of interference from systems processed in a subsequent round and on whether interference protection should end after a period of time. To facilitate analysis of potential interference, earlier-round NGSO FSS system operators would be required to share data regarding their beam locations with later-round NGSO FSS system operators subject to confidentiality or non-disclosure agreements.

Promoting Fair and Open Competitive Bidding in the E-Rate Program – The E-Rate NPRM would propose changes to the E-Rate program rules to improve program integrity. The Schools and Libraries program, or E-Rate, funded by the Universal Service Fund, provides discounted telecommunications and broadband services and equipment to eligible schools and libraries (referenced as E-rate “applicants”). To obtain services and equipment through the E-rate program, an applicant must conduct a competitive bidding process among interested service providers that is commenced by submission of FCC Form 470 to USAC, which then posts the form to its website. Applicants consider bids received directly from interested service providers and then seek funding to pay their chosen service providers by filing an FCC Form 471 with USAC. The E-Rate NPRM would recommend the establishment of a bidding portal through which service providers would provide competitive bidding documentation. The FCC would seek comment on whether applicants also should be required to use the portal to submit other documentation, such as bid evaluation matrices, questions from bidders, and contract documents. In addition, the E-Rate NPRM would ask whether service providers should be required to wait a certain period of time before they could access service providers’ bids. Finally, the E-Rate NPRM would request comment on various issues related to the proposed portal, including how the E-rate’s existing portal could be leveraged to accept service providers’ bids, whether any procurement laws or technical issues would preclude or limit the use of a bidding portal and whether the portal should be used as a repository of documents for purposes of meeting recordkeeping requirements.

You will find more information about the most significant items on the June meeting agenda after the break:

Securing the Communications Supply Chain – The NPRM and NOI would seek comment on a proposal to prohibit all future authorizations for equipment on the FCC’s Covered List under the Secure and Trusted Communications Act. The NPRM would seek comment on whether, and how, the FCC should revoke any current authorizations for equipment included on the Covered List, and if it should revise the rules to no longer permit exceptions for equipment authorizations on the Covered List. It would also propose to require participants in any upcoming FCC auctions to certify that their auction bids do not and will not rely on financial support from any entity that the agency has designated as a national security threat to the communications supply chain. The NOI would seek comment on how the FCC can leverage its equipment authorization program to encourage manufacturers to consider cybersecurity standards and guidelines when building devices that will connect to U.S. networks.

Modernizing Equipment Marketing and Importation – The Report and Order would adopt changes to the equipment authorization rules to allow expanded marketing and importation of radiofrequency (“RF”) devices prior to certification, with conditions. The Order would add a new condition to allow importation of up to 12,000 RF devices for certain pre-sale activities prior to authorization. It would additionally amend the FCC’s rules to allow conditional sales of RF devices prior to authorization, so long as those devices will not be delivered to consumers until they are authorized. The Order includes labeling, recordkeeping, and other conditions to ensure that RF devices are not sold or operated prior to equipment authorization.

Improving Emergency Alert Systems – The Report and Order and FNPRM would adopt the rule changes proposed in the FCC’s March 2021 NPRM to update the EAS and WEA systems rules, pursuant with the 2021 National Defense Authorization Act (“NDAA”) requirements. The Order would create a new category of non-optional “National Alerts,” combining WEA Presidential Alerts with FEMA Administrator Alerts, which may be nationally or regionally distributed. States would be encouraged to establish a state EAS plan checklist for State Emergency Communications Committees (“SECCs”), or otherwise establish an SECC if not already formed. This Report and Order would also enable FEMA to report false EAS and WEA alerts and to repeat certain EAS messages if necessary. The FNPRM would seek comment on whether to remove or refine certain EAS emergency event codes that are irrelevant or confusing, and on whether to update the EAS to include a more persistent display and notification of emergency messages for more severe events.

Implementing the TRACED Act – The Report and Order would establish rules pursuant to the TRACED Act to create a process that streamlines the ways in which a private entity may report robocalls or spoofed caller ID to the FCC. The Commission would create on online portal where private entities, meaning any entity other than an individual person or public entity, could submit suspected violations directly to the Enforcement Bureau. The Order clarifies that the new portal would not affect the existing consumer complaint process, and the agency will still use the consumer complaint portal for individual consumer complaints.

Connected Care Pilot Program – The Second Report and Order offers further guidance on the Commission’s Connected Care Pilot Program, including on the Pilot Program budget and administration, eligible services, competitive bidding instructions, invoicing, and data reporting for selected participants. Notably, the Order clarifies that the Pilot Program will reimburse network equipment purchases necessary to make both broadband and connected care information services functional, even if the Pilot Program is not directly supporting the costs of those services. The FCC announced earlier this year that an initial 23 applicants had been selected, with more selected applications to be announced at a later date, and selected applicants could begin the funding request process once this Report and Order becomes effective.

Part one of this episode focuses on the significance and implications of Commissioner-led investigations, such as Commissioner O’Rielly regarding E-Rate overbuilding, Commissioner Carr regarding use of educational broadband services (EBS) spectrum, and Commissioner Rosenworcel regarding the sale of customer location information by the major nationwide carriers. Part two focuses on the recent flurry of enforcement items, including the first pure “cramming” action of Rosemary Harold’s tenure as Chief of the Enforcement Bureau, a Consent Decree violation, and the alleged misuse of emergency alert tones by CBS, ABC, AMC Networks, and Discovery.

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The rule changes adopted in the Report and Order allow local EAS tests to use actual EAS alert codes, provided that the entity conducting the test must

(1) notify the public that there will be a test that uses a live code;

(2) coordinate the test with the appropriate EAS participants (e.g., radio and television broadcast stations, cable systems) and state and local emergency authorities, and;

(3) to the extent technically feasible, inform the public in the test message that the event is only a test (that is, that there is no real emergency).

In the Further Notice of Proposed Rulemaking, the FCC seeks comment on other specific measures to help prevent and correct false alerts, as well as requiring “State EAS Plans to include procedures to help prevent false alerts, or to swiftly mitigate their consequences should a false alert occur.” Finally, the FCC seeks comment on the performance of Wireless Emergency Alerts (“WEA”), including how stakeholders could measure and report WEA performance, and any measures the FCC should take to “address inconsistent WEA delivery.” Comments on these proposals will be due 30 days after the item is published in the Federal Register, and replies will be due 30 days after that.

The Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015 encourages states and localities to develop plans for how to distribute information about when a law enforcement officer is seriously injured, killed, or missing in the line of duty. To facilitate that effort, the law directs the Attorney General to establish a national Blue Alert communications network within the Department of Justice and coordinate with the FCC to executive its directive. Based on recommendations from the DOJ COPs Office, the FCC issued a notice of proposed rulemaking in June proposing to revise the existing emergency alert system (“EAS”) to include a new event code (BLU) for the transmission of Blue Alerts to the public.

The EAS is a national public warning system that requires TV and radio broadcasters, cable television systems, wireless cable systems, satellite digital audio radio service providers, direct broadcast satellite service providers and wireline video service providers to deliver important emergency information during national or local emergencies. In the Order, the FCC concludes that the EAS is an effective and technically feasible mechanism for distributing Blue Alerts. The FCC amends section 11.31(e) of its rules on EAS to adopt a new dedicated BLU event code to be used when there is actionable information about a missing or injured law enforcement officer. The FCC also allows for Blue Alerts to be sent via the Wireless Emergency Alert (“WEA”) system, a separate public safety system that allows wireless customers with certain devices to receive geographically-targeted text-like alerts of threats. The FCC found that an incident that would qualify for an imminent threat alert via WEA would also qualify for a Blue Alert.

There were concerns raised by both Commissioners Rosenworcel, who partially dissented from the Order, and O’Rielly about the cost-benefit analysis undertaken by the FCC. In the Order, the FCC found that implementing the BLU alert outweighed the potential costs, which mostly relate to software updates that would have to be made outside of the normal course of planned upgrades. However, in assessing the benefits of the proposal, the FCC put a numerical value on the lives that would potentially be saved by the rule change. According to Rosenworcel, “this cold calculus is neither needed nor smart” because “[t]here is a way to do cost-benefit analysis thoughtfully and with dignity for [officers.]” Commissioner O’Rielly, who voted in favor of the Order, expressed skepticism at the impact the Order would have and the idea of using the value of a “statistical life” in the analysis.

The Order provides an implementation period of 12 months from the effective date of the Order to enable the delivery of Blue Alerts over EAS, and an additional 6 months from the effective date to be able to deliver these alerts over WEA.