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Chances for cell-phone emergency alerts improve as Senate OKs bill

WASHINGTON–The Senate last week approved legislation allowing mobile-phone carriers to participate in a modernized emergency alert system, vastly improving chances for final passage of the measure in the waning weeks of the 109th Congress.

The legislation is championed by Sen. Jim DeMint (S.C.), who earlier this week urged Federal Communications Commission Chairman Kevin Martin not to impose mandatory EAS regulations on wireless carriers. DeMint also got the FCC chief to agree not to vote on new EAS rules until Congress completes work on the Warning, Alert and Response Network Act. The legislation’s call to develop recommendations on technical and operational capabilities of the national alert system over the next 12 to 18 months could force the FCC to shelve indefinitely any further action on EAS. There had been indications the FCC was close to a vote on updated EAS rules.

The nation’s emergency alert system has remained largely unchanged since its development during the Cold War a half-century ago, with warning capability still largely limited to voluntary participation by TV and radio stations. In the aftermath of the Sept. 11, 2001, terrorist attacks and deadly, destructive hurricanes last year, policy-makers want to be able send public warnings to a highly mobile society connected by cell phones and the Internet.

“The WARN Act is an important step to help secure America’s homeland in the event of a disaster,” said DeMint early last week after the Senate voted 95-0 to amend the measure to a port security bill. The Senate passed port security legislation last Thursday. “It’s only a matter of time before the next hurricane, tornado, earthquake, chemical spill or terrorist attack threatens the safety of our families and we must be prepared. We know that when disaster strikes, every minute counts. This will help first responders save lives by keeping people out of impacted areas and providing them with timely, accurate information,” stated DeMint.

A companion House bill sponsored by Rep. John Shimkus (R-Ill.) is still in committee.

“Wireless communication is an indispensable public-safety tool, and the industry recognizes its obligation to assist the important process of notifying Americans in times of crisis. The WARN Act enhances our nation’s emergency response system and we look forward to continue working with public safety and the federal government to deploy existing technology for the safety of all Americans,” said Steve Largent, president of cell phone association CTIA.

The WARN Act would create a National Alert Office in the Department of Homeland Security, which received lead jurisdiction over public alerts and warnings through a June 26 executive order by President Bush.

“We continue to believe that voluntary, opt-in, SMS-based solutions are the best choice for delivery of emergency alerts in the short term,” stated Sprint Nextel Corp. “As the WARN Act recognizes, additional study of future technologies is needed before the industry can begin to implement the next generation of wireless emergency alerts.”

The Telecommunications Industry Association urged lawmakers to approve the bill before Congress adjourns for midterm elections.

“The American public must have the secure delivery of coordinated messages through as many communication pathways as practicable. The WARN Act will facilitate this important national security priority. We urge passage of the bill so that it can be passed out of conference and sent to the president’s desk for his signature,” said TIA President Matthew Flanigan.

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