The FCC notified broadcasters of the upcoming nationwide emergency alert system test and opened the EAS test reporting system (ETRS) for 2017 filings, in a public notice in docket 15-94 Monday. In preparation for the Sept. 27 test, broadcasters should make sure their EAS systems are ready, including ensuring that the EAS handbook is available to operators, that their equipment is functional, and that software is up to date, the PN said. Broadcasters also should make sure their ETRS identifying information hasn’t changed, since Form 1 filings are due by Aug. 28, the PN said. Broadcasters will need to file info in ETRS by the day of the test, and file post-test information by Nov. 13, the PN said. Meanwhile, a recent proposal to slap an Alaska broadcaster with a $66,000 fine partly over failure to follow EAS rules (see 1707190040) should be a warning to broadcasters about the nationwide test (see 1707180042), Wilkinson Barker broadcast attorney David Oxenford blogged Monday. “This is a good time for stations to insure that they are monitoring the correct EAS sources as required by their state EAS plan, that they have their online EAS CAPS [common alerting protocols] alert systems functional, and that they are properly receiving, conducting and logging their weekly and monthly tests.” The FCC’s investigation into the Alaska matter seems to have been triggered by the station’s EAS problems, and the EAS aspects were highlighted in the news release on the notice of apparent liability, he said.
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The FCC unanimously approved a notice of apparent liability for a proposed $66,000 fine against Seward, Alaska, FM licensee Kenai Educational Media for “actions that undermine the effectiveness of the Emergency Alert System” and failing to maintain public records or respond to agency inquiries, said a Wednesday news release. Kenai’s noncommercial educational KIBH was failing to monitor EAS sources, didn't make EAS information available to staff, was in violation of staffing and public file rules, and had programmed its EAS equipment messages for a radio station serving a different geographic area, the NAL said. “A broadcaster’s failure to meet these FCC requirements is a serious offense which can pose real dangers for their communities,” the release said. Kenai Educational Media didn't comment.
The Federal Emergency Management Agency will conduct a nationwide emergency alert system test either Sept. 27 or, as a backup, Oct. 4, FEMA said in a letter posted Friday in FCC docket 15-94 to Public Safety Bureau Chief Lisa Fowlkes. The proposed test would be “originated in the same manner” as the national test conducted last September, FEMA said. Meantime, a dedicated EAS event code for blue alerts would facilitate the adoption of new blue alert plans in the 23 states that don’t yet have one, and a national blue alert network would help save police lives, said the National Association of Police Organizations in comments posted in FCC docket 15-94 Monday. “Lack of a dedicated Blue Alert EAS event code is one of the main obstacles to states adopting and using Blue Alert plans,” the filing said. “With the number of law enforcement officer assaults, injuries, and deaths increasing sharply in recent years, a functioning National Blue Alert Network, with all states participating, is vital.” Commissioners approved an NPRM at their June meeting (see 1706220045).
Some recent court decisions have “nibbled away” at the concept of Chevron deference, attorneys from the FCC Office of General Counsel said at an FCBA CLE Monday evening. The legal principle that courts should give deference to expert agencies on matters of interpreting legislation is “in flux,” said Litigation Division Chief Jacob Lewis. “Chevron lives, it’s still healthy,” Lewis said, but the doctrine is facing “more serious challenges.
Emergency alert system participants must create an FCC user name within the commission registration system to use the 2017 EAS test reporting system (ETRS), the Public Safety Bureau said in a public notice Monday. The bureau will release a PN in July announcing the deadline for EAS participants to have updated their information in the ETRS, it said. Participants need to create a user name as part of an improvement to the ETRS system that stems from the 2016 nationwide EAS test, the PN said. “Filers will now use a single account to file on behalf of multiple FCC Registration Numbers,” the PN said. “The ETRS was designed to increase the reliability and value of the EAS, while minimizing reporting burdens on EAS Participants."
Commissioners unanimously approved an NPRM Thursday, seeking comment on creating a new emergency alert system code for situations when police officers are in danger. The FCC is “uniquely positioned” to support police officers and “help save lives,” said DOJ Deputy National Blue Alert Coordinator Vincent Davenport, who addressed the commissioners before the vote. The item is “a significant step forward in protecting the lives of law enforcement officers,” Davenport said. “We are not just advancing a policy,” said Chairman Ajit Pai. “We are affirming a principle: that we have a collective responsibility to protect and serve those who protect and serve us.” Though the final draft of the NPRM wasn’t released, a news release and comments from the Public Safety Bureau indicate it changed little from the draft released about three weeks earlier. The item seeks comment on creating a new EAS code that will be used to inform the public in situations where an officer has been injured, killed or is under threat, and descriptive information about a suspect is available to disseminate to the public, said bureau staff. “A Blue Alert could quickly warn you if a violent suspect may be in your community, along with providing instructions on what to do if you spot the suspect and how to stay safe,” the release said. Some states have Blue Alert systems, and the proposed rules would create a “national framework” that states can opt into, Pai has said. Some EAS officials said it’s not clear there’s a need for an additional EAS code (see 1706190080).
A proposed Blue Alert emergency alert system code for law enforcement officers in danger (see 1705190048) could unnecessarily duplicate things the EAS can do and may not be utilized by many broadcasters, EAS officials said in interviews. “This may be a solution looking for a problem,” said Ed Czarnecki, senior director-global government affairs for EAS equipment manufacturer Monroe Electronics. DOJ’s Community Oriented Policing Services (COPS) Office has said the new BLU EAS code would increase urgency of response to such alerts. The COPS Office requested the dedicated alert code, the draft NPRM said.
Public safety items will dominate the FCC's June 22 meeting. Commissioners tentatively will vote on a special emergency alert system code for imminent threats against law enforcement and changes to caller ID rules to allow those receiving threatening calls and law enforcement to get identification information quickly. Such items focus on "help[ing] law enforcement and first responders," Chairman Ajit Pai blogged Thursday.
The FCC reached a $55,000 settlement with Tegna over false broadcast of emergency alert system tones by WTLV Jacksonville, Florida, said a consent decree released Tuesday. The company will admit to misusing the EAS tones and implement a compliance plan. The matter was kicked off by an August complaint about WTLV airing an advertisement for the Jacksonville Jaguars that used an EAS tone “accompanied by the sounds of howling winds and thunder claps” and a voice saying, “This is an emergency broadcast transmission. This is not a test. Please remain calm. Seek shelter,” an FCC news release said. The ad was broadcast four times before a WTLV staff member informed station management of the rule violation.