Federal Communications Commission DA 17-835
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Wireless Emergency Alerts
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PS Docket No. 15-91
ORDER
Adopted:  September 1, 2017 Released: September 1, 2017
By the Chief, Public Safety and Homeland Security Bureau:
I. INTRODUCTION
1. In this Order, the Public Safety and Homeland Security Bureau (Bureau) grants temporary 
and conditional relief in response to a petition filed yesterday by the Competitive Carriers Association
(CCA) in this docket.
1
On behalf of its members, CCA seeks a partial waiver of Section 10.220 of the 
Commission’s rules, which requires Commercial Mobile Service providers participating in the Wireless 
Emergency Alerts (WEA) system (Participating CMS Providers) to provide the Federal Communications 
Commission (FCC or Commission) and affected subscribers 60-days’ notice of their intent to withdraw 
their election.
2
Because CCA argues that, absent a waiver, some of its members would be required to 
notify customers today of their intent to withdraw their election to participate in the WEA system, and we 
find that the agency needs additional time to consider the merits of this waiver request, which was just 
filed yesterday, we grant CCA interim relief.  Specifically, we temporarily waive the 60-day notice 
requirement until the Commission or the Bureau acts on the merits of the August 31 CCA Petition.
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However, in order to ensure that this interim and temporary relief is not abused, we condition this waiver 
on the requirement that no Participating CMS Providers that are members of CCA and want to take 
advantage of the waiver stop participating in WEA while this temporary waiver remains in effect.      
II. BACKGROUND
2. In September 2016, the Commission adopted the WEA R&O which, among other actions, 
required Commercial Mobile Service (CMS) Providers to support embedded references in Wireless 
Emergency Alerts (WEAs) within one year of the rules’ publication in the Federal Register.
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  It also 
required Participating CMS Providers to geographically target (geo-target) Alert Messages to an area that 
best approximates the target area specified by the alert originator, while continuing to allow Participating 
                                                     
1
See Petition of Competitive Carriers Association for Waiver, or in the Alternative, Extension of Time, PS Docket 
Nos. 15-91, 25-94 (filed Aug. 31, 2017) as amended by Letter from Rebecca Thompson to Marlene Dortch, 
Secretary, Federal Communications Commission, PS Docket No. 15-91 (filed Sept. 1, 2017) (August 31 CCA 
Petition).  
2
See 47 C.F.R. § 10.220.
3
See August 31 CCA Petition at 3 (requesting that the Commission waive the 60-days’ notification requirement by 
allowing CMS Providers to provide only 30-days’ notice to subscribers of their choice to withdraw from WEA 
participation). 
4
Wireless Emergency Alerts; Amendments to Part 11 of the Commission’s Rules Regarding the Emergency Alert 
System, PS Docket Nos. 15-91, 15-94, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 
11112, 11132, 11162 paras. 29, 80 (2016) (WEA R&O).
Federal Communications Commission DA-17-835
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CMS Providers to transmit Alert Messages to an area not exceeding the propagation area of a single 
transmission site in the event they are unable to meet the “best approximates” standard.
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  The WEA R&O
required nationwide Participating CMS Providers to comply with this geo-targeting requirement within 
60 days of the rules’ publication in the Federal Register,
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but allowed non-nationwide Participating CMS 
Providers additional time – a year after the rules’ publication – to comply with this geo-targeting 
requirement.  The WEA R&O was published in the Federal Register on November 1, 2016; accordingly, 
the effective date for both the embedded references and the geo-targeting requirement (as the latter 
pertains to non-nationwide providers) is November 1, 2017.
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3. On August 16, 2017, CCA filed a Petition for Waiver, or in the Alternative, Extension of 
Time from CCA (August 16 CCA Petition).
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  The August 16 CCA Petition requests a waiver or extension 
of the compliance timeline for support for embedded references until May 1, 2019, and further requests a 
waiver or extension of its members’ compliance timeframe for the “best approximates” geo-targeting 
standard until May 1, 2019.
9
  On August 31, 2017, CCA amplified its request for relief by filing another 
waiver request.
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  CCA states that absent a waiver, any Participating CMS Providers among its 
membership who cannot meet the November 1, 2017 compliance deadline would be required to notify 
their consumers imminently of their intent to withdraw their election to provide WEA alerting given the 
requirement in Section 10.220 of the Commission’s rules to supply 60 days’ notice.
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  CCA calculates this 
deadline as September 1, 2017,
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and highlights several “critical current events, such as the severe 
flooding in southeast Texas as a result of Hurricane Harvey” that are consuming its resources in the near 
term.
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CCA therefore requests an additional 30 days for its members to determine whether it is feasible 
to support enhanced WEA capabilities and avoid opting-out of the program.
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III. DISCUSSION
4. Section 1.3 authorizes the Commission to waive its rules for good cause.
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  We find it 
would serve the public interest to temporarily waive the 60-day prior notice provision of Section 10.220,
                                                     
5
Id.at 11146, 11149, paras. 52, 54.
6
See id. at 11164, para. 83.
7
See Wireless Emergency Alerts; Amendments to the Rules Regarding the Emergency Alert System, 81 FR 75710 
(Nov. 1, 2016).
8
Petition of Competitive Carriers Association (CCA) for Waiver, or in the Alternative, Extension of Time, PS 
Docket No. 15-91 (filed Aug. 16, 2017) (August 16 CCA Petition)
https://ecfsapi.fcc.gov/file/10816865130307/CCA%20WEA%20Petition%20for%20Waiver%20(081617).pdf.  CCA 
offered, in the alternative that the FCC could extend these deadlines by a 12-month period, or could extend the 
compliance timeframe to 12 months from the completion of all relevant standards.
9
See August 16 CCA Petition at 7.  
10
See August 31 CCA Petition.
11
See Letter from Rebecca Thompson to Marlene Dortch, Secretary, Federal Communications Commission, PS 
Docket No. 15-91 (filed Sept. 1, 2017) (reiterating its request that “the Bureau grant CCA’s August 31, 2017 
Petition for Waiver to allow competitive carriers 30 days to provide consumers with notice of their election to 
withdraw from the voluntary Wireless Emergency Alerts program, if applicable, pursuant to Section 10.220 of the 
FCC’s rules”).  
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Id. at 3.
13
Id. at 6.
14
See August 31 CCA Petition at 6.
15
See 47 CFR § 1.3 (“Any provision of the rules may be waived by the Commission on its own motion or on 
petition if good cause therefore is shown.”); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 
(D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (waivers must show special 
(continued….)
Federal Communications Commission DA-17-835
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on an interim basis in order to afford sufficient time for the agency to review and act on the merits of the 
August 31 CCA Petition.  As described above, CCA states that absent relief, many of its member 
companies would be forced to notify their subscribers of their intent to withdraw from WEA imminently 
because they are unable to comply with the Commission’s embedded reference and “best approximates” 
geo-targeting requirements that go into effect in 60 days.
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  This interim and temporary waiver will 
provide the Commission with time to assess the merits of CCA’s request before it is largely mooted. We 
find, however, that it would not serve the public interest if Participating CMS Providers that wish to take 
advantage of this waiver withdraw from supplying WEA messaging during the pendency of this 
temporary waiver.  Absent this condition, Participating CMS Providers could withdraw tomorrow from 
supplying WEA messaging with no customer notice.  Thus, no CMS Provider that wishes to take 
advantage of this waiver may withdraw from WEA during the short period of time while this temporary 
waiver is in place.  We anticipate that a ruling on the merits of the August 31 CCA Petition will be made 
expeditiously.  
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED that, pursuant to the authority granted by Section 4(i) of 
the Communications Act, as amended, 47 U.S.C. § 154(i) and Section 1.3 of the Commission’s rules, 47 
C.F.R. § 1.3, the notification requirement of Section 10.220 of the Commission’s rules, 47 C.F.R. § 
10.220, IS WAIVED to the extent described herein and subject to the condition described herein.
6. This Order is issued pursuant to authority delegated by sections 0.191(e), 0.191(f), and 
0.392 of the Commission's rules, 47 CFR § 0.191(e), 0.191(f), and 0.392.
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circumstances warranting a deviation from the general rule, and show such a deviation will serve the public 
interest)).
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See 47 CFR § 10.220 (requiring that CMS Providers provide 60-days’ notice to the Commission and subscribers 
of their intention to withdraw from WEA participation).  Accordingly, these CCA members would be forced to 
render that decision before the Commission acted on their requests for an extension of those compliance deadlines or 
on its request for waiver of the 60-day notification requirement.