Senate Passes Warn Act 95-0
The Senate Tues. passed 95-0 a measure authorizing a nationwide emergency alert system (EAS) to send warnings to a variety of communications devices. Once a freestanding bill, the Warn Act (S-1753), the measure was attached by Sen. DeMint (R-S.C.) to the port security bill. The wireless industry backs it as an alternative to an ongoing FCC rulemaking that would make the system mandatory.
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FCC Chmn. Martin told DeMint he'd be willing to “wait” on the rulemaking until Congress deals with the bill. “I believe before the end of this year we will have expressed the will of Congress. Are you willing to wait?” DeMint said. Martin said he'd delay rulemaking to wait for legislation. DeMint fears FCC would devise a “top-down” structure less effective than a voluntary system, he said: “If the government sets up the infrastructure to provide the signals and warnings, our free market economy” can create a better delivery system.
If the Senate passes the port security bill, the measure goes to conference for reconciliation by the House Commerce Committee with a similar House bill (HR-5785) introduced July 13 with the Senate amendment. Commerce Committee Majority Chief Counsel Howard Waltzman said Mon. the committee wants to work on the measure if it comes to conference. A committee can participate in a conference even if it isn’t an initiating committee for the legislation.
The wireless industry backs the voluntary system the Warn Act proposes, CTIA Pres. Steve Largent said in a letter sent in July to Senate Homeland Security Committee leaders. The bill would provide up to $106 million in grants to set up a network for sending alerts to cell phones, BlackBerrys, digital, analog, cable and satellite TV and radio and non- traditional media such as sirens and “radios-on-a-stick.”
The FCC would have to let the Dept. of Homeland Security and state governors have access EAS and ensure that alerts go out in languages besides English, the bill said. Wireless providers would be able to decide if they wish to offer their customers alerts via the system. Those that don’t would have to notify customers in a “clear and conspicuous manner” that the service isn’t available at the point of purchase, the bill said.