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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
303v, 307, 309, 335, 403, 624g, 706, and 713 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154i, 154o, 301, 303r, 303v, 307, 309, 335, 403, 544g, and 606, as well as by sections 602a, b, c, f, 603, 604 and 606 of the WARN Act, 47
U.S.C. 1202a, b, c, f, 1203, 1204
and 1206, Section 202 of the TwentyFirst Century Communications and Video Accessibility Act of 2010, as amended, 47 U.S.C. 613, and the National Defense Authorization Act for Fiscal Year 2021, Public Law 116283, 134 Stat. 3388, section 9201, 47 U.S.C.
1201, 1206, that this Report and Order and Further Notice of Proposed Rulemaking in PS Docket Nos. 1594
and 1591 is hereby adopted.
It is further ordered that the rule amendments adopted herein will become effective September 20, 2021.
The new or revised portions of of 10.11b, 10.520d2, 11.21, 11.21a, 11.45c, and 11.21a8 contain new or modified information collection requirements that require OMB review under the PRA. The Commission directs the Public Safety and Homeland Security Bureau Bureau to announce the compliance dates for these rules after OMB has reviewed and approved those information collections in a document published in the Federal Register, delegates authority to the Bureau to cause the July 31, 2022
deadline in 10.11b to be revised accordingly as necessary if more time is needed to secure OMBs review, and delegates authority to the Bureau to revise 10.11c, 10.520d3, 11.21g, and 11.45d once OMB review has been obtained. The compliance dates that the Bureau announces for the new or revised portions of 11.21a at Appendix A shall supply sufficient time to comply with the 11.21 rule revisions adopted in Emergency Alert System, Report and Order, PS Docket Nos. 1594 and 1591, 83 FR 37750, Aug. 2, 2018.
It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

Federal Communications Commission.
Marlene Dortch, Secretary.

List of Subjects
10.320 Provider alert gateway requirements.

47 CFR Part 10

47 CFR Part 11
Radio, Television.

16:42 Aug 19, 2021

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 10
and 11 as follows:
PART 10WIRELESS EMERGENCY
ALERTS
1. The authority citation for part 10 is revised to read as follows:

Authority: 47 U.S.C. 151, 154i and o, 201, 303r, 403, and 606, 1202a, b, c, f, 1203, 1204, and 1206.

2. Section 10.11 is amended by designating the current text as paragraph a and by adding paragraphs b and c to read as follows:

10.11

WEA implementation timeline.

b If a Participating CMS Providers network infrastructure would generate and display WEA headers with the text Presidential Alert to subscribers upon receipt of a National Alert, or include the text Presidential Alert in a mobile devices settings menus, then by July 31, 2022, that Participating CMS Providers network infrastructure shall either generate and display WEA headers and menus with the text National Alert, or no longer display those headers and menu text to the subscriber. Network infrastructure that is technically incapable of meeting this requirement, such as situations in which legacy devices or networks cannot be updated to support header display changes, are exempt from this requirement.
c Compliance datesparagraph b of this section contains an informationcollection and recordkeeping requirement. Compliance with paragraph b will not be required until after approval by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing compliance dates with this paragraph and revising this paragraph accordingly.
3. Section 10.320 is amended by revising paragraph e3 to read as follows:

Communications common carriers, Radio.

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Final Rules
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3 Prioritization. The CMS provider gateway must process an Alert Message on a first in-first out basis except for National Alerts, which must be
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processed before all non-National Alerts.

4. Section 10.400 is amended by revising paragraph a to read as follows:
10.400

Classification.

a National Alert. A National Alert is an alert issued by the President of the United States or the Presidents authorized designee, or by the Administrator of FEMA. National Alerts may be either nationwide or regional in distribution.

5. Section 10.410 is revised to read as follows:
10.410

Prioritization.

A Participating CMS Provider is required to transmit National Alerts upon receipt. National Alerts preempt all other Alert Messages. A Participating CMS Provider is required to transmit Imminent Threat Alerts, AMBER Alerts and Public Safety Messages on a first infirst out FIFO basis.
6. Section 10.420 is revised to read as follows:
10.420

Message elements.

A WEA Alert Message processed by a Participating CMS Provider shall include five mandatory CAP elements Event Type; Area Affected;
Recommended Action; Expiration Time with time zone; and Sending Agency.
This requirement does not apply to National Alerts.
7. Section 10.500 is amended by revising paragraph f to read as follows:
10.500

General requirements.

f Presentation of alert content to the device, consistent with subscriber optout selections. National Alerts must always be presented.

8. Section 10.520 is amended by redesignating paragraph d as paragraph d1 and by adding paragraphs d2 and 3 to read as follows:
10.520

Common audio attention signal.

d1
2 If the Administrator of the Federal Emergency Management Agency FEMA or a State, local, Tribal, or territorial government entity becomes aware of transmission of a WEA false alert to the public, they are encouraged to send an email to the Commission at the FCC Ops Center at FCCOPS@fcc.gov, informing the Commission of the event
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