WASHINGTON—The Federal Communications Commission’s plan to extend emergency alert service rules to mobile-phone operators appears to be in limbo, following congressional passage of a bill that effectively pre-empts telecom regulators from forcing cell-phone operators to participate in a new emergency alert regime and a presidential directive shifting lead responsibility for public warnings to the Department of Homeland Security.
The chain of events leading to House and Senate approval of a port-security bill, which included the Warning, Alert and Response Network Act, worked magnificently in favor of wireless carriers.
“The inclusion of the WARN Act in the Port Security Bill is a testimony to the vital leadership provided by Chairmen Stevens and Barton, as well as the well-reasoned and thoughtful approach to improving public safety by Senator DeMint,” said Steve Largent, president of cell-phone association CTIA, referring to House and Senate Commerce Committee Chairmen Ted Stevens (R-Alaska) and Joe Barton (R-Texas), and sponsor of the WARN Act Sen. Jim DeMint (R-S.C.). “The WARN Act includes a number of rational provisions that in total, create an effective partnership between the wireless industry and the federal government to provide the most practical means of emergency communication. We look forward to working with the Federal Communications Commission to develop a system that encompasses the capabilities of existing technical solutions, and recognizes the uniquely valuable role wireless plays in public safety communication.”
The cellular industry supported voluntary participation in a new EAS regime, liability protection and more time to study technical options for delivering alerts to the nation’s more than 200 million cellular subscribers. Wireless carriers have said short message service can be a stop-gap solution in the near term, despite its shortcomings, while a permanent fix is found.
Proponents of cell-broadcast technology claim they have the silver bullet, pointing to integration of the capability into cell-phone systems in South Korea, the Netherlands and Appleton, Wis. New York City and the European Union are giving cell broadcast a serious look, and there are early indications that at least one major U.S. cellular carrier is considering breaking with industry’s aversion to cell-broadcast technology. DHS, which has been working with wireless carriers, public TV operators and others to develop a digital platform for emergency alert distribution and is closely monitoring cell-broadcast trials, could have a lot to say about the direction of emergency alert technology in the United States.
The WARN Act authorizes $106 million to develop technical protocols for delivering emergency alerts through wireless and other communications distribution channels.
Until a few weeks ago, the FCC was believed nearing a decision to update emergency alert rules by, in part, bringing wireless carriers into the fold. The FCC rulemaking is two years old.
At his Sept. 12 Senate confirmation hearing on a second term, FCC Chairman Kevin Martin agreed with DeMint’s strong suggestion that the agency not move on emergency alert reform until Congress completed its work on the WARN Act.
DeMint also told Martin what he had personally communicated to the FCC before his confirmation hearing to drop plans to mandate wireless emergency alert service.
The FCC is not expected to take action on emergency alert reform at its Oct. 12. meeting.
