[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26701-26703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10622]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-296; FCC 12-41]
Review of the Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules governing the Emergency Alert System
(EAS) rules so that EAS Participants may, but are not required to,
employ the text-to-speech (TTS) functions described in the EAS-CAP
Industry Group (ECIG) Implementation Guide.
DATES: Effective May 7, 2012.
FOR FURTHER INFORMATION CONTACT: Lisa Fowlkes, Deputy Bureau Chief,
Public Safety and Homeland Security Bureau, at (202) 418-7452, or by
email at Lisa.Fowlkes@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration in EB Docket No. 04-296, FCC 12-41, adopted and
released on April 19, 2012. The full text of this document is available
for inspection and copying during normal business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC
20554. The complete text of this document also may be purchased from
the Commission's copy contractor, Best Copy and Printing, Inc., 445
12th Street SW., Room CY-B402, Washington, DC 20554. The full text may
also be downloaded at: www.fcc.gov.
Introduction
1. On January 10, 2012, the Commission released its Fifth Report
and Order in the above-referenced docket, in which it adopted rules
specifying the manner in which EAS Participants must be able to receive
alert messages formatted in the Common Alerting Protocol (CAP), and
streamlined its part 11 rules to enhance their effectiveness and
clarity. In this Order on Reconsideration, the Commission reconsiders
one aspect of the Fifth Report and Order: the applicability of TTS
specifications set
[[Page 26702]]
forth in the ECIG Implementation Guide recommendations. As discussed
below, the Commission is deferring action on, rather than prohibiting,
the use of the ECIG Implementation Guide's TTS specifications.
Accordingly, the Commission amends its EAS rules so that EAS
Participants may, but are not required to, employ the TTS functions
described in the ECIG Implementation Guide.
Background
2. In the Fifth Report and Order, the Commission limited the scope
of the new Part 11 EAS CAP-related obligations to those necessary to
ensure that CAP-formatted alert messages distributed to EAS
Participants will be converted into and processed in the same way as
messages formatted in the current EAS Protocol. In that regard, the
Commission required EAS Participants to be able to convert CAP-
formatted EAS messages into messages that comply with the EAS Protocol
requirements, following the procedures for such conversion as set forth
in the ECIG Implementation Guide.
3. Notwithstanding that the Commission mandated compliance with
most of the ECIG Implementation Guide, it declined at that time to
impose such a mandatory approach with respect to the ECIG
Implementation Guide's provisions regarding TTS. The Commission noted,
for example, that the accuracy and reliability of TTS had not been
established in the record. The Commission also recognized that a regime
that addressed lack of audio by focusing on the EAS Participant end--
where the EAS Participants would effectuate the TTS conversion by using
any of the available TTS software packages that may be configured into
their EAS equipment--might be less desirable than an approach that
required the message originator to make the conversion with TTS
software on the originating end. Because of the need for multiple
conversions using a variety of software, the former approach would be
more prone to the generation of differing, and thus confusing, audio
messages to be broadcast for the same EAS message. The latter approach
would tend to avoid this risk by applying the conversion before the
alert is widely distributed throughout the community of EAS
Participants. The Commission further observed that it may consider the
TTS issue in an upcoming proceeding. Accordingly, the Commission stated
that it ``continue[s] to believe that discussion of text-to-speech and
speech-to-text software is best reserved for a separate proceeding, and
[that] we therefore defer these issues at this time.''
In order to avoid imposing the Guide's mandatory approach toward
TTS conversions--which would have required EAS Participants to
effectuate such conversions using EAS Participant-provided
technologies if their EAS devices could support them--the Commission
revised Sec. 11.56 of its rules to preclude application of the
Guide's mandatory requirement outright.
4. The Commission also stated in the Fifth Report and Order that
``we do not permit the construction of EAS audio from a CAP text
message at this time,'' and noted that ``we will not allow EAS
Participants to use text-to-speech software configured in their EAS
equipment to generate the audio portion of an EAS message.''
5. On March 12, 2012, the Federal Emergency Management Agency
(FEMA) made a filing, titled a ``Petition for Reconsideration'' (FEMA
Request), requesting reversal of the Commission's decision in the Fifth
Report and Order ``to deviate from the [ECIG] Implementation Guide in
the matter of text-to-speech conversion.'' In its request, FEMA stated
that the Commission, by prohibiting use of the ECIG Implementation
Guide TTS specifications ``discourages and * * * limits further
development of text-to-speech technology in support of EAS.'' FEMA also
noted that an ``unintended consequence of disallowing [TTS] conversion
by CAP EAS devices is that CAP messages supplied without audio content
* * * may cause a CAP-EAS device to interrupt the programming of EAS
participants'' and only convey limited information. According to FEMA,
the lack of TTS conversion capability could possibly disrupt
dissemination of National Weather Service alerts, delay retrieval of
referenced audio files in alerts, and impact the ability of
jurisdictions with limited resources, or those with certain, already
implemented CAP alerting capabilities, to issue CAP-formatted alerts.
FEMA requested that the Commission delete the reference to ``using
text-to-speech technology'' from the revised Sec. 11.56(a)(2). The
recent Final Report of Working Group 9 of the Commission's third
Communications Security, Reliability and Interoperability Council
(CSRIC) reiterated these same concerns. The Commission also received
filings from state and local emergency management agencies and others
requesting a similar change to this rule.
Discussion
6. Upon review of the Fifth Report and Order, and based on the
observations and arguments made in various filings since release of
that decision, the Commission concludes that an absolute bar against
using the specifications set out in the ECIG Implementation Guide could
have unintended negative consequences, such as compromising the ability
of EAS Participants to receive EAS messages from states and local
governments that have implemented CAP-based alerting systems that rely
on TTS technologies. Moreover, such a bar would depart from the
Commission's original intention to maintain a more neutral stance on
the best approach for establishing TTS requirements pending fuller
consideration of the issues involved. And the Commission is convinced
that the merits of mandating TTS use have yet to be fully developed in
the record.
7. Accordingly, pursuant to Sec. 1.108 of the its rules, on it own
motion the Commission reconsiders and revises Sec. 11.56(a)(2) of its
rules to replace the parenthetical phrase ``except that any and all
specifications set forth therein related to using text-to-speech
technology and gubernatorial `must carry' shall not be followed'' with
the phrase ``except that any and all specifications set forth therein
related to gubernatorial `must carry' shall not be followed, and that
EAS Participants may adhere to the specifications related to text-to-
speech on a voluntary basis.'' The Commission also revises footnote 118
of the Fifth Report and Order to delete the phrase ``While we do not
permit the construction of EAS audio from a CAP text message at this
time * * *'' and revises footnote 496 of the Fifth Report and Order to
delete the phrase ``* * * we will not allow EAS Participants to use
text-to-speech software configured in their EAS equipment to generate
the audio portion of an EAS message * * *'' With these revisions, the
Commission hereby defers consideration of the ECIG Implementation
Guide's adoption of TTS software configured in EAS equipment to
generate the audio portion of an EAS message, and thus neither requires
nor prohibits EAS Participants from following the ECIG Implementation
Guide's specifications on use of TTS.
I. Procedural Matters
A. Accessible Formats
8. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
[[Page 26703]]
B. Paperwork Reduction Act Analysis
9. This document contains no modified information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13.
C. Congressional Review Act
10. The Commission will send a copy of this Order on
Reconsideration in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act
(``CRA''), see 5 U.S.C. 801(a)(1)(A).
D. Effective Date of Rule
11. The Commission makes this rule revision effective immediately
upon publication in the Federal Register, pursuant to Section 553(d) of
the Administrative Procedure Act. In this case, where the Commission's
action removes a restriction that would have applied to EAS
Participants and retains the status quo, it finds that there is no need
for the 30-day period. In addition, the Commission concludes that good
cause exists to make the rule effective immediately upon Federal
Register publication. In making the good cause determination, agencies
must balance the necessity for immediate implementation against
principles of fundamental fairness that require that all affected
persons be afforded a reasonable time to prepare for the effective date
of a new rule. No party will be prejudiced by an expedited effective
date for this rule revision. This revision simply now provides them
with the option to follow the ECIG Implementation Guide's TTS
provisions should they choose to do so. However, the expedited date is
necessary to provide the parties with regulatory certainty sufficiently
in advance of the current June 30, 2012, deadline for complying with
the relevant requirements of the Commission's Fifth Report and Order.
There is also no information collection associated with this rule
revision, so no OMB approval is required for the revised rule.
II. Final Regulatory Flexibility Analysis
12. The Regulatory Flexibility Act (RFA) requires that agencies
prepare a regulatory flexibility analysis for notice-and-comment
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' In this Order on Reconsideration, the Commission
removes the prohibition on following the ECIG Implementation Guide's
specifications related to using TTS technology, and clarifies that EAS
Participants may, but are not required, to use these specifications.
The Commission hereby certifies that this rule revision will not have a
significant economic impact on a substantial number of small entities,
because this action merely provides EAS Participants with the option to
use these specifications. EAS Participants may continue to opt not to
use these specifications and thereby maintain the status quo. The
Commission will send a copy of this Order on Reconsideration, including
this certification, to the Chief Counsel for Advocacy of the Small
Business Administration. In addition, the Commission will publish this
Order on Reconsideration (or a summary thereof) and certification in
the Federal Register.
III. Ordering Clauses
13. Accordingly, it is ordered that, pursuant to Sec. 1.108 of the
Commission's rules, 47 CFR 1.108, this Order on Reconsideration is
adopted;
14. It is further ordered that part 11 of the Commission's Rules,
47 CFR part 11, is amended as set forth in the Appendix. This Order
shall become effective immediately upon publication in the Federal
Register;
15. It is further ordered that the Petition for Reconsideration
filed of the Federal Emergency Management Agency on March 12, 2012, in
EB Docket 04-296 is dismissed as moot;
16. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order on Reconsideration, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 11
Radio, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
0
2. Amend Sec. 11.56 by revising paragraph (a)(2) to read as follows:
Sec. 11.56 Obligation to process CAP-formatted EAS messages.
(a) * * *
(2) Converting EAS alert messages that have been formatted pursuant
to the Organization for the Advancement of Structured Information
Standards (OASIS) Common Alerting Protocol Version 1.2 (July 1, 2010),
and Common Alerting Protocol, v. 1.2 USA Integrated Public Alert and
Warning System Profile Version 1.0 (Oct. 13, 2009), into EAS alert
messages that comply with the EAS Protocol, such that the Preamble and
EAS Header Codes, audio Attention Signal, audio message, and Preamble
and EAS End of Message (EOM) Codes of such messages are rendered
equivalent to the EAS Protocol (set forth in Sec. 11.31), in
accordance with the technical specifications governing such conversion
process set forth in the EAS-CAP Industry Group's (ECIG)
Recommendations for a CAP EAS Implementation Guide, Version 1.0 (May
17, 2010) (except that any and all specifications set forth therein
related to gubernatorial ``must carry'' shall not be followed, and that
EAS Participants may adhere to the specifications related to text-to-
speech on a voluntary basis). * * *
* * * * *
[FR Doc. 2012-10622 Filed 5-4-12; 8:45 am]
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