O'Rielly Splits With Carr, Pai on EAS Order That Rosenworcel, Others OK
Commissioner Mike O’Rielly split with fellow FCC Republicans Thursday to partially dissent from an order on emergency alert system testing and false alerts, over concerns about alert fatigue. Since lone FCC Democrat Jessica Rosenworcel voted in favor, it was approved 3 to 1. “If people come to expect that when those alert signals go off they may not be real, there is a very high likelihood that they will ignore potentially life-saving information.” O’Rielly said.
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O’Rielly dissented from provisions that will allow the use of simulated EAS tones in public service announcements. “Americans should not fear that they are in imminent danger just to realize it’s an announcement intended to inform them that the loud, screeching sound is what they will hear if truly in harm’s way,” O’Rielly said. The FCC historically allowed the use of the tones in public service announcements by issuing a “string of condition-laden waivers to select groups,” said Commissioner Brendan Carr. “Given our experience under these waivers, I am glad that we are now codifying our process for the use of alert tones in these PSAs.”
Concerns about overexposure to alerts also led O’Rielly to suggest a limit on live-code emergency alert tests to two per year, which was incorporated into the order, he said. “To minimize public confusion and alert fatigue, we require that jurisdictions limit their tests to two per year and that each live code test explicitly state that the event is a test by text crawl and/or audio, as technically feasible,” said Chairman Ajit Pai.
O’Rielly also objected to requirements that communications providers report false alerts. “I am generally concerned that we are overstepping our bounds into territory provided to” the Department of Homeland Security and its Federal Emergency Management Agency, O’Rielly said. The Hawaii false missile alert was caused by a “delusional individual,” O’Rielly said. “That incident does not justify new burdens on the private sector that did nothing wrong.” Those notifications "will help inform the FCC and the Federal Emergency Management Agency as we aim to identify and solve problems with the EAS," Pai said. Rosenworcel said Thursday’s EAS item incorporated ideas she advanced at hearings on the Hawaii alert. ”Today’s effort is good for public safety communications nationwide and it has my full support,” she said.
The order also requires changes to EAS equipment to reject alerts that don’t have necessary digital signatures or are incorrectly timed. The accompanying Further NPRM seeks comment on false alert reporting, revisions to state EAS plans to prevent false alerts, and comments on issues that could hold up delivery of wireless emergency alerts.
The Public Safety Bureau plans a webinar on EAS, wireless emergency alerts, and issues relevant to “emergency alert and warning stakeholders” July 25, said a public notice. The webinar will focus on how alerting systems work, who's eligible to initiate alerts, training, and recent FCC and FEMA actions, the PN said. “The webinar will help ensure that participants are familiar with these alerting systems and how to use them.”
Also during and after Thursday's meeting: Dispute over changes to informal complaint procedures overshadowed 3-1 approval of an order to streamline formal complaint processes 1807120033; a possible compromise on the draft kidvid NPRM didn’t materialize and the item was approved 3-1 1807120050; and O’Rielly said he made long-awaited recommendations to Pai on the citizens broadband radio service band; commissioners approved 4-0 an NPRM and order on opening the C-band 1807120037. Also, members approved an order 4-0 streamlining Part 22 cellular licensing rules; commissioners unanimously approved an order to pave the way for nationwide number portability; and Pai noted the FCC is seeking "additional facts" on Dish Network's IoT buildout plans.