Export Compliance Daily is a service of Warren Communications News.

Copps Says Lack of Federal Gatekeeper Imperils Emergency Alert Program

Problems finding a federal body to be the gatekeeper for emergency alerts to cellphones and other wireless devices may derail a warning program before it begins, FCC Commissioner Michael Copps warned. Copps criticized as “disheartening” a Federal Emergency Management Agency refusal to be gatekeeper (CD Feb 22 p1). FEMA participated in the Commercial Mobile Service Alert Advisory Committee that drafted the alert rules.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

As expected, the FCC unanimously approved cellphone- alert rules late Wednesday (CD April 9 p1), meeting a WARN Act deadline. Carrier participation is voluntary. Copps and other commissioners released written statements. “There is one final issue that remains unresolved by today’s Order -- an issue that, if left uncorrected, threatens to vitiate it entirely,” Copps said: “No federal agency has stepped up to fulfill the unified aggregator/gateway role that virtually all stakeholders agree is necessary for our mobile alert system to work properly.” Without an aggregator, the rules have no teeth, he said.

A FEMA representative to the advisory panel voted for the rules last year, Copps said, suggesting that the agency spoke with a forked tongue. “Not until long after the die was cast, did FEMA suggest that it would be unable for statutory and other reasons to perform this key function,” he said.

FCC Chairman Kevin Martin voiced concern about the lack of a gatekeeper. “It would have been better, of course, if we had a Federal entity in place now to take on the role of alert aggregator and gateway,” Martin said in a statement. “We are hopeful that we have initiated the dialogue that will allow an appropriate Federal entity to assume that central role in an expeditious manner.”

The order suggests FEMA or another Department of Homeland Security arm, possibly NOAA, as the best alert gateway. As Copps’ office demanded, the order makes clear FEMA’s role in writing the alert rules. “FEMA chaired the Alert Interface Group (AIG), which was responsible for addressing issues at the front-end of the CMAS architecture,” the order says. “It also represented the AIG before the CMSAAC Project Management Group (PMG), which coordinated the work of all the other CMSAAC working groups and assembled the CMSAAC recommendations document.” The FCC will “work with our Federal partners and Congress, if necessary, to identify an appropriate government entity to fulfill these roles, whether that is FEMA, another DHS entity, NOAA or the FCC,” the order says.

Other commissioners stressed in their statements that rules came as a result of combined effort by business, public safety and other interests. “The rules… were based upon the coordinated efforts of those that will implement and utilize this system,” said Commissioner Jonathan Adelstein. Commissioner Robert McDowell said “at this point, the Commission is already well poised to ‘get out of the way’ and let the private sector deliver the new alert system for the benefit of America’s wireless consumers.”